E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 7, 2001 No. 29 House of Representatives The House met at 10 a.m. and was THE JOURNAL lic for which it stands, one nation under God, indivisible, with liberty and justice for all. called to order by the Speaker pro tem- The SPEAKER pro tempore. The pore (Mr. BONILLA). Chair has examined the Journal of the f f last day’s proceedings and announces MESSAGE FROM THE SENATE to the House his approval thereof. A message from the Senate by Mr. DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- Lundregan, one of its clerks, an- PRO TEMPORE nal stands approved. nounced that the Senate has passed Mr. MCNULTY. Mr. Speaker, pursu- The SPEAKER pro tempore laid be- without amendment a joint resolution ant to clause 1, rule I, I demand a vote fore the House the following commu- of the House of the following title: nication from the Speaker: on agreeing to the Chair’s approval of the Journal. S.J. Res. 6. Joint Resolution providing for WASHINGTON, DC, congressional disapproval of the rule sub- March 7, 2001. The SPEAKER pro tempore. The mitted by the Department of Labor under I hereby appoint the Honorable HENRY question is on the Chair’s approval of chapter 8 of title 5, United States Code, re- BONILLA to act as Speaker pro tempore on the Journal. lating to ergonomics. this day. The question was taken; and the The message also announced that in J. DENNIS HASTERT, Speaker pro tempore announced that Speaker of the House of Representatives. accordance with Public Law 93–618, as the ayes appeared to have it. amended by Public Law 100–418, the f Mr. MCNULTY. Mr. Speaker, I object Chair, on behalf of the President pro to the vote on the ground that a PRAYER tempore and upon the recommendation quorum is not present and make the of the Chairman of the Committee on The Chaplain, the Reverend Daniel P. point of order that a quorum is not Finance, appoints the following Mem- Coughlin, offered the following prayer: present. bers of the Finance Committee as con- Isaias warns us, O Lord, unless we ac- The SPEAKER pro tempore. Pursu- gressional advisers on trade policy and knowledge You as Lord with living ant to clause 8, rule XX, further pro- negotiations— faith and lasting reverence we go ceedings on this question will be post- the Senator from Iowa (Mr. GRASS- adrift. poned. LEY); You have raised us and reared us; yet The point of no quorum is considered the Senator from Utah (Mr. HATCH); we have disowned You. Our house pets withdrawn. the Senator from Alaska (Mr. MUR- know their owners; our appetites know f KOWSKI); where to be fed; yet we do not know the Senator from Montana (Mr. BAU- ANNOUNCEMENT BY THE SPEAKER where to turn unless we truly belong to CUS); and PRO TEMPORE You. the Senator from West Virginia (Mr. As Your people, when we hear You The SPEAKER pro tempore. The ROCKEFELLER). call us: ‘‘a sinful nation, a people laden Chair will once again remind Members f with wickedness, an evil race, corrupt that cell phones are to be turned off in children,’’ shall we run away from the House Chamber. Since the Chair’s ANNOUNCEMENT BY THE SPEAKER You? Or toward You? similar announcement a few moments PRO TEMPORE Is it You we fear and cannot face or ago, yet another cell phone has rung on The SPEAKER pro tempore. The is it the truth about ourselves and our the House floor. Chair will entertain 10 one-minute children? Strengthen us that we may speeches on each side. be drawn into the truth by You now f and forever. Amen. PLEDGE OF ALLEGIANCE f f The SPEAKER pro tempore. Will the SUPPORT RESEARCH FUNDING gentlewoman from Texas (Ms. GRANG- FOR NATIONAL EYE INSTITUTE ANNOUNCEMENT BY THE SPEAKER ER) come forward and lead the House in (Ms. ROS-LEHTINEN asked and was PRO TEMPORE the Pledge of Allegiance. given permission to address the House The SPEAKER pro tempore. The Ms. GRANGER led the Pledge of Al- for 1 minute and to revise and extend Chair will remind Members to turn off legiance as follows: her remarks.) cell phones when they enter the House I pledge allegiance to the Flag of the Ms. ROS-LEHTINEN. Mr. Speaker, Chamber. United States of America, and to the Repub- some people come into our lives and

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.

H653

. H654 CONGRESSIONAL RECORD — HOUSE March 7, 2001 quickly go. Some stay and leave foot- need a budget before we can make this Mr. KNOLLENBERG. Mr. Speaker, prints on our hearts, and we are never important decision. taxes today are at an all-time high as the same. f a percentage of our economy. The fact My constituents, Betti and Carlos is the Federal Government is currently Lidsky, are such people. Three of their TAX CUTS sucking up more of the American econ- four children, Isaac, Daria and Ilana, (Mr. PITTS asked and was given per- omy than it took to win World War II. have an irreversible, incurable, degen- mission to address the House for 1 That is simply wrong. erative eye disease known as retinitis minute and to revise and extend his re- But that is not all. At the same time pigmentosa which will eventually marks.) the Federal budget is running record- cause blindness. The Lidsky children Mr. PITTS. Mr. Speaker, unlike the level surpluses, we are also experi- are among the 6 million Americans Soviet Union or the old kings of Eu- encing the largest tax overpayment in who suffer from sight-debilitating dis- rope, this country has always believed history. That is not only wrong, it eases, and that number is poised to in limited government; but some here must be changed as soon as possible. skyrocket as an additional 9 million in Washington, D.C. seem to have Tomorrow is the opportunity. To- Americans have presymptomatic signs changed their minds about that. Over morrow, we consider H.R. 3, the Eco- of retinal degeneration. the next 10 years we are going to col- nomic Growth and Tax Relief Act of I learned of these statistics through lect more than $5.5 trillion more than 2001. This bill will increase fairness in Betti and Carlos, who work tirelessly we need. That is almost an unbeliev- the Tax Code, allow every American in- every day to raise awareness on these able amount of money. It is more than come taxpayer to keep more of their issues. They raise funds for research, we need to pay off our public debt, own money and provide support to our and they work closely with research- shore up Social Security, fix Medicare, economy at the same time. ers. They have testified before congres- implement the President’s education This is a historic opportunity. It is a sional committees, and this week they plan, and cover just about every other proper reaction. It is the right thing to will be here in Congress lobbying us to reasonable expense we have. Even then do, and I hope Members on both sides make sure that each and every one of we will have more than $2.5 trillion left of the aisle will join me in voting for us works toward making blinding dis- over. this responsible and much-needed tax eases extinct. It is almost unbelievable that some relief. Betti, Carlos and their children, in this body think we should keep that f Isaac, Daria and Ilana, are the reason money in the Treasury until we can why we need to support research fund- CONGRESS SHOULD DO find something else to spend it on. This SOMETHING ABOUT NARCOTICS ing for the National Eye Institute. money is not the government’s money. Promising clinical experiments are un- We are not supposed to take more than (Mr. TRAFICANT asked and was derway, and with our continued sup- we need. We are supposed to be legisla- given permission to address the House port, we can be sure that a cure is just tors, not thieves. We need to give this for 1 minute and to revise and extend around the bend. money back to the taxpayers who paid his remarks.) f it. We need to pass the President’s tax Mr. TRAFICANT. Mr. Speaker, every cut plan, and we should do it quickly. major city in America is experiencing PERMISSION FOR LEAVE OF booming heroin sales. Kids with eyes ABSENCE f watering and noses running are run- Mr. SKELTON. Mr. Speaker, I have DEFICIT-BUSTING TAX CUT IS ning the streets and dangerous. Now, if at the desk a personal request. WRONG that is not enough to scare the wel- The SPEAKER pro tempore. The come wagon, our borders are wide open. Clerk will report the leave of absence (Ms. HARMAN asked and was given Wide open big time. request. permission to address the House for 1 While Congress is building halfway The Clerk read as follows: Leave of minute and to revise and extend her re- houses, narcoterrorists are coming absence requested for Mr. SKELTON of marks.) across the border and treating it like a Missouri for tomorrow. Ms. HARMAN. Mr. Speaker, during speed bump. Beam me up. The SPEAKER pro tempore. Without previous Congresses, I made many I yield back the fact that we are objection, the gentleman’s written re- tough votes to balance our Federal wasting billions and billions of dollars quest will be granted. budget with balanced priorities: I voted on a failed narcotics policy that could There was no objection. for the 1993 Clinton budget; I voted for provide for a prescription drug program Penny-Kasich, the first bipartisan ef- f for every senior in America. Wise up fort to cut spending significantly; I GENE DARNELL Congress and let us really do some- voted for a constitutional amendment thing about narcotics. (Mr. SKELTON asked and was given to balance our budget; and I voted for f permission to address the House for 1 the 1997 balanced budget. minute and to revise and extend his re- For my efforts, I received the Con- TAX RELIEF FOR EVERYONE marks.) cord Coalition Deficit Hawk Award and (Mr. BARTLETT of Maryland asked Mr. SKELTON. Mr. Speaker, tomor- four very close election victories. I and was given permission to address row I will attend and participate in a have paid my dues on this issue, and I the House for 1 minute and to revise funeral for a long-time friend from my believe my votes have benefited all our and extend his remarks.) home area, former sheriff Gene constituents. Mr. BARTLETT of Maryland. Mr. Darnell, one of Missouri’s truly out- I rise today because tomorrow’s vote Speaker, the surplus means it is time standing law enforcement officers. on the first installment of a deficit- for immediate across-the-board tax re- It is with sadness that I report his busting tax cut is wrong. It would ben- lief for all taxpayers to boost our econ- loss, which is a great loss to our State. efit my family and me, but it is wrong. omy, create jobs, and give Americans VOTE AGAINST THE TAX-CUT PROPOSAL We need a budget first to make certain more confidence by returning some of Mr. SKELTON. Mr. Speaker, I also we pass tax cuts we can afford. We need their surplus taxes to help them get wish to add that were I here tomorrow, a budget first to make certain we will through these uncertain times. We I would be speaking and voting against pay off our debts in this decade, the need to cut taxes for every American, the tax cut proposal. It is important best tax cut for all Americans. especially low-income families. that we in this House protect our farm- f President Bush’s tax plan will get the ers, strengthen our armed forces, pre- tax surplus out of Washington and serve Social Security and Medicare, CUT TAXES NOW back into the pockets of working men and invest in our schools and eliminate (Mr. KNOLLENBERG asked and was and women. The Republican Congress the Federal debt. given permission to address the House has united behind it. It is time that Mr. Speaker, I am concerned we are for 1 minute and to revise and extend Americans get tax relief, sooner rather getting the cart before the horse. We his remarks.) than later. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H655 Mr. Speaker, the Federal Govern- resents the ‘‘peace through strength’’ Ms. GRANGER. Mr. Speaker, the ment is going to take in about $28 tril- philosophy which played such an inte- hardworking American people deserve lion in taxes over the next 10 years. We gral role in President Reagan’s success- a break. The economy is slowing down. are proposing to give back $1.6 trillion. ful foreign policy. Consumer confidence is low. A tax cut That is about 6 pennies out of every It is crucial that we recognize Presi- now would put money back in the dollar. That is not a whole lot. We are dent Reagan’s extraordinary foreign pockets of those who know best how to saying that taxpayers should take this policy achievements. This awesome spend it; that is, the American tax- money and buy their kids school new addition to our fleet will be a tes- payer. clothes, buy appliances for their timony to Reagan’s enduring legacy of A tax refund would provide the aver- homes, use it to pay utility bills, to military dominance. America is a bet- age family of four in Texas with over help their house payment or their car ter and safer place for having had $1,800 in relief. That may not seem like loan. President Reagan in the White House. a lot of money here when we talk about Mr. Speaker, this money belongs to However, we cannot sit back and ad- billions and trillions, but that can the American taxpayers. We need to mire his achievements without noting make a real difference to a family in give it back to them. that our world remains a dangerous Fort Worth, Texas. That $1,800 could f place. pay credit card debt down or pay down We must direct more attention to our a college loan or help with a down pay- BUDGET SHOULD BE AGREED armed forces by reforming and revital- ment on a new home. UPON BEFORE TAX BILL IS DE- izing our military. When President Just because the government has BATED Reagan left office in 1988, the Navy had extra money in its possession does not (Mr. CARSON of Oklahoma asked and 15 aircraft carrier battle groups, and mean it should spend it needlessly. If a was given permission to address the 594 ships in service. It now has 12 car- contractor is building a house and House for 1 minute and to revise and rier battle groups and a fleet num- comes in under budget, he does not get extend his remarks.) bering about half as many ships. The to spend that estimated surplus on Mr. CARSON of Oklahoma. Mr. new administration must support the marble counter tops or solid gold fix- Speaker, I rise on this, my maiden needs of the military to ensure that tures. The unspent money would go back to the homeowners. speech in the House of Representatives, our armed forces are well equipped and These surplus tax dollars should go to protest the policy conceived in trained to carry out our Nation’s prior- haste, offered without consultation, back to their rightful owners. The ities while providing support to our al- American taxpayers deserve a refund of and prosecuted almost without discus- lies abroad. sion. their money. It is the right thing to do, f The question before us is not whether and it is the right time to do it. a $2 trillion tax cut is a good idea or a b 1015 f bad one, nor is it whether a tax cut is THE PRESIDENT’S TAX CUT THE PRESIDENT’S TAX CUT consistent with our acknowledged du- (Mr. MATHESON asked and was (Mr. SANDLIN asked and was given ties to protect Social Security and permission to address the House for 1 Medicare and to invest more resources given permission to address the House for 1 minute.) minute.) in an increasingly burdened military. Mr. SANDLIN. Mr. Speaker, country The question, instead, is whether or Mr. MATHESON. Mr. Speaker, I came to Washington to set aside par- singer Alan Jackson croons, ‘‘Who says not a budget, a budget, the master plan you can’t have it all?’’ We need tax tisan differences and bring common- guiding spending and investments deci- cuts in America. We deserve tax cuts in sense logic to our debates. With breath- sions of the Federal Government, America. We support tax cuts in Amer- taking speed, we are rushing the Presi- should be agreed upon before we pro- ica. But the American public is not dent’s tax cut proposals toward a vote. ceed to debate the merits of a tax cut. fooled by the charade that is before us We have little time for questions, anal- I support a tax cut, as do most of my today. It is time to do what the Amer- ysis or discussion. colleagues. But a budget that sketches ican people do every day. It is time to There is no question that tax relief is our spending needs against the back- do what American families do, Amer- one of the primary concerns for fami- drop of anticipated revenue will allow ican farms, American businesses. We lies and businesses across my State. us to determine, and more importantly simply must know what our budget is During my campaign I supported tax allow the people to determine, the before we pass massive tax cuts in this relief proposals such as elimination of magnitude of the appropriate tax cut. country. There is no other responsible the marriage penalty and estate tax re- The sense of this approach is obvious, way. save to those people more interested in lief. But let us not kid ourselves. The Because make no mistake about it, short-term political gain than the breakneck pace adopted by many in Mr. Speaker, if we pass massive tax long-term solvency of our Federal Gov- Congress right now leaves no time to cuts without a budget, there is abso- ernment. consider our priorities. We are sacri- lutely no way to address prescription ficing the wisdom of the longer view f drugs, to address education, to address for the instant gratification of an easy military readiness in this country. The NEW ADMINISTRATION MUST tax cut. SUPPORT NEEDS OF MILITARY only way to do that is to spend the So- Unfortunately, rather than having a cial Security Trust Fund. That is just (Mrs. JO ANN DAVIS of Virginia thoughtful debate and review of an not right. asked and was given permission to ad- overall budget framework, Congress is In closing, let us reflect on the dress the House for 1 minute and to re- set on a path to consider individual musings of President Herbert Hoover, vise and extend her remarks.) pieces of the tax relief package without he of fiscal fame, who said, ‘‘Blessed Mrs. JO ANN DAVIS of Virginia. Mr. first understanding their combined im- are the young, for they shall inherit Speaker, on Sunday, in Newport News, pact. the national debt.’’ Virginia, I attended the christening of I come from Utah. In Utah we live Mr. Speaker, we do not need another what will soon be the U.S.S. Ronald within our means. We pay our bills, we Herbert Hoover. We do not need any- Reagan, a new magnificent aircraft car- balance our family budgets and we save thing like that. We need responsibility. rier. Mrs. Reagan, the President, Mrs. for our future. Why should our govern- We need discipline. We need a budget, Bush, and other leaders were in attend- ment not behave the same way? Mr. Speaker. ance to witness the christening of this f f vessel and to honor our former great President. TAX CUTS ARE THE RIGHT THING TAX RELIEF AND A RESPONSIBLE It is only appropriate that this awe- TO DO BUDGET some vessel be named after the leader (Ms. GRANGER asked and was given (Mr. CHABOT asked and was given who led us to victory in the Cold War. permission to address the House for 1 permission to address the House for 1 This Nimitz-class aircraft carrier rep- minute.) minute.) H656 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Mr. CHABOT. Mr. Speaker, even at a Mr. STEARNS. Mr. Speaker, it is im- The Social Security and Medicare time when consumer confidence is fall- portant that all of us work with the Lockbox Act of 2001, which is H.R. 2, ing and energy costs are skyrocketing President when he presents his budget would lock away all surpluses from the and the economy is slowing, Wash- in April. All of us should be committed Social Security and Medicare Trust ington is racking up huge tax sur- to three things: A budget that fits Fund. This bill locks up the $2.9 tril- pluses. This is just more evidence that America’s priorities; second, a budget lion surplus from the Social Security Washington is overcharging taxpayers that reduces the largest debt in his- and Medicare Trust Fund. This was and that we desperately need to refund tory; and, three, provide fair and re- overwhelmingly passed by the House of the surplus to the people who created sponsible tax relief to all American Representatives in the last Congress. it. taxpayers. Yet it was stymied by the Democrats Even as some economists are fore- Consider this. Washington will take in the Senate. casting gloom and doom, the surplus in $28 trillion in the next 10 years and Mr. Speaker, we have a unique oppor- numbers since Republicans took the President Bush’s tax cut relief is $1.6 tunity this year to provide meaningful majority control in Congress continue trillion. This is about 5.7 percent of the tax relief for hardworking Americans to roll in. That is why the time is now total revenues brought into this gov- while guaranteeing the Social Security to pay off the public debt and to offer ernment in the next 10 years. Surely and Medicare Trust Funds remain un- tax relief to hardworking Americans. If we can return about 6 percent of this touched. We have promised our seniors we are to pay off the debt and provide money to the taxpayers. that Social Security and Medicare will needed tax relief for economic growth This is not a massive tax cut, as the be there for them. This lockbox legisla- and job security and balance the budg- Democrats say. In April, as we do every tion will help to deliver on that prom- et, we must keep government spending year, we bring in the budget. We will ise. down and get rid of the waste and the vote on it. That is just how we do it f fraud and the abuse. around here. The economy will be THE PRESIDENT’S TAX CUT Last year’s budget, let us face it, was strengthened and jobs will be secure out of control. But this is a new White with a tax relief program for the Amer- (Mr. BACA asked and was given per- House, one that is fiscally responsible. ican taxpayers. We cannot wait. The mission to address the House for 1 This White House realizes we are talk- economy needs this incentive now. minute and to revise and extend his re- ing about the people’s money. marks.) Mr. Speaker, tax relief will result in f Mr. BACA. Mr. Speaker, my father job security and economic growth and THE PRESIDENT’S TAX CUT had 15 children. He knew what money give some of the money back to the (Mr. JOHN asked and was given per- was in his paycheck to be budgeted for people who earned it in the first place. mission to address the House for 1 all of us to have shoes and shelter, to Let us cut their taxes. Let us do it minute and to revise and extend his re- make sure that we had enough food to now. marks.) eat. He had to do it wisely and budget f Mr. JOHN. Mr. Speaker, I think it is it. Otherwise we would have gone bank- THE PRESIDENT’S TAX CUT imperative that this Congress provide a rupt. We would not have had enough tax cut to the American people. We can money for shoes, food or shelter. (Mr. TURNER asked and was given What the Republicans are trying to permission to address the House for 1 afford it. It has positive economic im- pacts, and we should do it. But I think do is to make a commitment for 10 minute.) years without a budget. If a family Mr. TURNER. Mr. Speaker, the equally important is paying down our national debt. And then we factor in tries to do that or a business, it would President’s recently submitted general be bankrupt in a few years. That is just budget outline leaves a lot of questions priority spending on education, which is important to us, prescription drugs what this tax bill that the Republicans remaining about his tax cut plan. rushed through will do. We owe it to Frankly, it appears that trying to fit for Medicare benefits, missile defense, agriculture, the list goes on and on. the American people to give them a tax his tax cut into a realistic budget is cut. No one disagrees. However, we owe like trying to fit a size 11 foot into a How do we know how much money to allot in different places? How do we it to them to do it right. We have to do size 6 shoe. it responsibly. We have to do it wisely. The American people understand know that $1.6 trillion is not too much of a tax cut? How do we know if $1.6 We have to have a budget first. there is no surplus today and that fore- This tax plan is based on phony-balo- trillion is not too little of a tax cut? casting the surplus for the next 10 ney numbers. There is no substance How do we not know if $1.6 trillion is years is a lot like making a 10-year without a budget. There is no beef, Mr. just right? weather forecast. We do not want over- Speaker. sized tax cuts to take us back to the Please present a budget to us so we choice of deficit spending or higher can prioritize the surpluses that may f taxes for our children. Now the leader- occur over the next 10 years. I urge the THE PRESIDENT’S TAX CUT ship in the House wants us to take a other side to show us the budget. It is (Mr. MOORE asked and was given vote on a major tax cut before the important for the American people to permission to address the House for 1 House has even adopted, or even de- provide not only a tax cut but to minute.) bated, a budget. prioritize the spending of this country Mr. MOORE. Mr. Speaker, I got a call Tax cuts are an important priority, for the next 10 years. at 3:30 yesterday afternoon from a sen- but equally important is paying down f ior administration official. our $5.6 trillion national debt, saving PROTECTING SOCIAL SECURITY He said to me, ‘‘Congressman, can Social Security and Medicare for the AND MEDICARE FROM BIG GOV- you be with us on this tax cut?’’ I said, ‘‘I’d like to be direct with future baby boomer retirement, and ERNMENT SPENDERS strengthening education and national you.’’ defense. (Mr. COOKSEY asked and was given He said, ‘‘Please do.’’ Blue Dog Democrats have come to permission to address the House for 1 I said, ‘‘Number one, I have a grave the floor this morning to say we are for minute and to revise and extend his re- concern that we don’t have a budget. the largest tax cut we can afford, and marks.) And, number two, when it comes to to know what we can afford we need a Mr. COOKSEY. Mr. Speaker, senior this $1.6 trillion tax cut, it relies on budget first. citizens and all Americans deserve to projections of $5.6 trillion over the next f know that Medicare and Social Secu- 10 years. Projections.’’ rity will be there when they need it. Sunday night I was lying in bed A RESPONSIBLE BUDGET FOR Yet for years, politicians in Wash- watching the news and the weather and AMERICA’S PRIORITIES ington have shortchanged Medicare the weatherman projected a 12-inch (Mr. STEARNS asked and was given and Social Security by spending these snow in Washington, D.C. I wondered if permission to address the House for 1 limited resources on wasteful, big gov- I would make it back here for this tax minute.) ernment programs. cut vote. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H657 That was a projection that did not the long shot. The leaders of this House bility in light of the misunderstanding come true. My concern is that these only win their wager if the Congres- this morning. The Chair does not rec- projections, these economic projec- sional Budget Office’s surplus projec- ognize for that unanimous consent re- tions, may also not materialize just tions are accurate for the next 10 quest at this time. like the snow did not. If that happens, years, but even CBO says it would not f we are going to be in deficit mode bet on its own budget numbers. CBO again. We owe it to our children, we says its surplus estimate for the next PARLIAMENTARY INQUIRY have placed a $5.7 trillion mortgage on year has a 50 percent chance of being Mr. STENHOLM. Mr. Speaker, par- their future, to start to pay down our wrong by more than $97 billion. For liamentary inquiry. debt and live within our means. years 6 through 10, CBO says the odds The SPEAKER pro tempore. The gen- f are even longer. This is a big problem, tleman from Texas (Mr. STENHOLM) because two-thirds of the $5.6 trillion will state his parliamentary inquiry. ANNOUNCEMENT BY THE SPEAKER surplus are supposed to materialize in Mr. STENHOLM. If we all under- PRO TEMPORE years 6 through 10. stand, both sides of the aisle, the pro- The SPEAKER pro tempore (Mr. Mr. Speaker, almost 20 years ago cedures of the day in which it was an- BONILLA). Earlier the Chair had an- Congress made another gamble on the nounced there would be unlimited one nounced that one-minute speeches projected budget surpluses and it lost. minutes, under what procedure is this would be limited to 10 Members per That is exactly the way then-Senate able to be changed? side prior to business. However, there Majority Leader Howard Baker de- The SPEAKER pro tempore. The has been a misunderstanding, appar- scribed the 1981 tax cut. He called it a Chair announced earlier that there ently, and in light of that, the Chair riverboat gamble. would initially be ten Members per side will recognize two additional speakers We lost enough money on that bet. recognized. Precedents under clause 2 on each side. Let us pass a budget resolution before of rule XVII commit that matter of f we take up tax and spending bills. recognition entirely to the discretion f of the Chair. Again, the Chair tried to THE PRESIDENT’S TAX CUT EASING REGULATORY BURDENS exercise some flexibility in light of the (Mr. THOMPSON of California asked AND LOWERING TAXES CREATES miscommunication. and was given permission to address MORE FREEDOM FOR THE AMER- f the House for 1 minute and to revise ICAN PEOPLE and extend his remarks.) THE JOURNAL (Mr. SHIMKUS asked and was given Mr. THOMPSON of California. Mr. The SPEAKER pro tempore. Pursu- Speaker, Americans deserve a tax cut, permission to address the House for 1 minute and to revise and extend his re- ant to clause 8 of rule XX, the pending but they also deserve a Congress that business is the question of agreeing to carefully considers and balances all of marks.) Mr. SHIMKUS. Mr. Speaker, these the Speaker’s approval of the Journal our budget priorities, including Social of the last day’s proceedings. Security, Medicare and debt reduction. are interesting times. We are going to have a good battle and discussion on The question is on the Speaker’s ap- Tomorrow we will vote on the first proval of the Journal. part of the President’s tax cut pro- things that conservatives have fought for for many years: Easing the regu- The question was taken; and the posal. This vote will be premature. The Speaker pro tempore announced that administration is not submitting the latory burdens, lowering taxes. Al- though some of my friends on the other the ayes appeared to have it. details of the budget until spring. Con- Mr. STENHOLM. Mr. Speaker, I ob- gress has yet to debate and adopt a side seem to be frustrated with this, it should come as no surprise; easing reg- ject to the vote on the ground that a budget resolution. Without a budget quorum is not present and make the framework, we are forging into the ulatory burdens, lowering taxes creates more freedom for the American people. point of order that a quorum is not great unknown. It is bad public policy present. and it is political hocus-pocus to pass I will stand on the side of freedom and individual responsibility and indi- The SPEAKER pro tempore. Evi- any bill costing this much without dently a quorum is not present. first having a budget. Some are urging vidual initiative every day of the week. It is a sound foundation. It is solid The Sergeant at Arms will notify ab- quick action in order to give the econ- sent Members. omy a boost. However, the economic ground. Let me address the issue of 10-year The vote was taken by electronic de- prosperity of recent years has been due vice, and there were—yeas 337, nays 72, in part to fiscally conservative policies projections. I used to be a school- teacher. Everybody does long-term pro- answered ‘‘present’’ 1, not voting 22, as that, coupled with the hard work of the follows: American people, turned deficits into jections. Corporate entities do long- [Roll No. 28] surpluses and reduced our debt. term projections. To base a debate on I agree that taxpayers should benefit the ability of not taking into account YEAS—337 from the budget surplus, and I will sup- long-term projections does not under- Abercrombie Boswell Conyers port a tax cut but one that is fair and stand the real world in corporate Akin Boyd Cooksey America or local taxing districts. Andrews Brady (TX) Cox one that we can afford. We need to be Armey Brown (FL) Coyne fiscally responsible and we need a bi- I look forward to having these votes. Bachus Brown (SC) Cramer partisan budget before we can consider I look forward to providing more free- Baker Bryant Crenshaw dom to the American people. Baldacci Burton Crowley any specific spending measures or cuts. Baldwin Buyer Cubin The American people deserve no less. f Ballenger Callahan Culberson Barcia Calvert Cummings f REQUEST FOR ADDITIONAL ONE Barr Camp Cunningham MINUTES b 1030 Barrett Cannon Davis (CA) Mr. STENHOLM. Mr. Speaker, I ask Bartlett Cantor Davis (FL) EVEN CBO SAYS IT WOULD NOT Barton Capito Davis (IL) unanimous consent that in light of the Bass Capps Davis, Jo Ann BET ON ITS OWN BUDGET NUM- misunderstanding that occurred re- Bentsen Cardin Davis, Tom BERS garding the number of one minutes, Bereuter Carson (IN) Deal Berkley Carson (OK) DeGette (Mr. HILL asked and was given per- that any additional Members on either Berman Castle Delahunt mission to address the House for 1 side that wish to deliver one minutes Biggert Chabot DeLay minute and to revise and extend his re- might be able to do so. Blagojevich Chambliss DeMint Blumenauer Clayton Deutsch marks.) The SPEAKER pro tempore (Mr. Blunt Clement Dingell Mr. HILL. Mr. Speaker, introducing a BONILLA). The Chair appreciates the Boehlert Clyburn Doggett trillion dollar tax bill without a budget sentiment of the gentleman from Texas Boehner Coble Dooley framework is like going to the race- (Mr. STENHOLM), but the Chair has al- Bonilla Collins Doolittle Bono Combest Doyle track and putting all your money on ready tried to exercise a little flexi- H658 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Dreier Kind (WI) Radanovich LaFalce Oberstar Strickland yield myself such time as I may con- Duncan King (NY) Rahall Langevin Olver Sweeney Dunn Kingston Regula Larsen (WA) Pallone Taylor (MS) sume. During consideration of this res- Edwards Kirk Rehberg Larson (CT) Peterson (MN) Thompson (CA) olution, all time yielded is for the pur- Ehlers Kleczka Reyes Lewis (GA) Ramstad Thompson (MS) pose of debate only. Ehrlich Knollenberg Reynolds LoBiondo Riley Udall (CO) Mr. Speaker, House Resolution 79 is a Emerson Kolbe Rivers McDermott Sabo Udall (NM) Engel LaHood Rodriguez McGovern Sandlin Velazquez closed rule providing for consideration Eshoo Lampson Roemer McNulty Schaffer Visclosky of S.J. Res. 6. This bill provides for Etheridge Lantos Rogers (KY) Meehan Schakowsky Waters congressional disapproval of the rule Evans Largent Rogers (MI) Menendez Scott Watt (NC) submitted by the Department of Labor Everett Latham Rohrabacher Miller, George Stark Weiner Fattah LaTourette Ros-Lehtinen Moore Stenholm Weller relating to ergonomics. Ferguson Leach Ross Mr. Speaker, H. Res. 79 provides for 1 ANSWERED ‘‘PRESENT’’—1 Flake Lee Rothman hour of debate, equally divided and Fletcher Levin Roybal-Allard Tancredo Foley Lewis (KY) Royce controlled by the chairman and rank- Fossella Linder Rush NOT VOTING—22 ing minority member of the Committee Frank Lipinski Ryan (WI) Ackerman Hinchey Sanders on Education and the Workforce. The Frelinghuysen Lofgren Ryun (KS) Becerra Hunter Shows rule also waives all points of order Gallegly Lowey Sanchez Bilirakis Lewis (CA) Slaughter Ganske Lucas (KY) Sawyer Bishop Maloney (CT) Stupak against consideration of S.J. Res. 6 in Gekas Lucas (OK) Saxton Boucher McCrery Walsh the House. Finally, the rule provides Gibbons Luther Scarborough Burr Moakley Waxman for one motion to recommit with or Gilchrest Maloney (NY) Schiff Capuano Rangel without instructions, as is the right of Gillmor Manzullo Schrock Diaz-Balart Roukema Gilman Markey Sensenbrenner the minority. Goode Mascara Serrano b 1057 Mr. Speaker, the ergonomics rule fi- Goodlatte Matheson Sessions ´ nalized by OSHA on November 14, 2000 Gordon Matsui Shadegg Ms. VELAZQUEZ and Mr. Goss McCarthy (MO) Shaw LANGEVIN changed their vote from is fatally flawed. This unworkable rule Graham McCarthy (NY) Shays ‘‘yea’’ to ‘‘nay.’’ would require employers to implement Granger McCollum Sherman a full blown, company-wide ergonomics Graves McHugh Sherwood So the Journal was approved. Green (WI) McInnis Shimkus The result of the vote was announced program based on the report of just one Greenwood McIntyre Simmons as above recorded. injury by one employee. Grucci McKeon Simpson Stated for: Hall (OH) McKinney Sisisky b 1100 Hall (TX) Meek (FL) Skeen Mr. BILIRAKIS. Mr. Speaker, on rollcall No. The ergonomic symptom need not Hansen Meeks (NY) Skelton 28 I was inadvertently detained. Had I been Harman Mica Smith (MI) even be caused by work activity, as present, I would have voted ‘‘yea.’’ long as work activities aggravate it. Hart Millender- Smith (NJ) Stated against: Hastings (WA) McDonald Smith (TX) Under this rule, employers could end Hayes Miller (FL) Smith (WA) Mr. CAPUANO. Mr. Speaker, today I was up responsible for workers’ injuries Hayworth Miller, Gary Snyder engaged in questions with the Department of sustained on the softball field. Hefley Mink Solis Health and Human Services Secretary Tommy Herger Mollohan Souder This regulation also undermines Hilleary Moran (KS) Spence Thompson during a hearing of the Budget State workers’ compensation laws by Hinojosa Moran (VA) Spratt Committee and was therefore unable to cast a Hobson Morella Stearns creating a Federal workers’ compensa- vote on rollcall 28. Had I been present, I tion system for musculoskeletal dis- Hoeffel Murtha Stump would have voted in the following manner: Hoekstra Myrick Sununu orders. The parallel workers’ com- Holden Nadler Tanner ‘‘Nay’’ on rollcall 28. pensation system mandated by OSHA Honda Napolitano Tauscher f Hooley Neal Tauzin for ergonomics injuries tramples on the Horn Nethercutt Taylor (NC) PROVIDING FOR CONSIDERATION State’s ability to define what con- Hostettler Ney Terry OF S.J. RES. 6, DISAPPROVING stitutes a work-related injury. Houghton Northup Thomas Hoyer Norwood Thornberry DEPARTMENT OF LABOR RULE It is important to understand that Hutchinson Nussle Thune RELATING TO ERGONOMICS disapproving this regulation would not Thurman Hyde Obey Mr. LINDER. Mr. Speaker, by direc- permit the Department of Labor from Inslee Ortiz Tiahrt revisiting ergonomics. Secretary Chao Isakson Osborne Tiberi tion of the Committee on Rules, I call Israel Ose Tierney up House Resolution 79 and ask for its has stated that she intends to pursue a Issa Otter Toomey immediate consideration. comprehensive approach to Istook Owens Towns The Clerk read the resolution, as fol- ergonomics, including new rulemaking Jackson (IL) Oxley Traficant that addresses the fatal flaws in the Jackson-Lee Pascrell Turner lows: (TX) Pastor Upton current standard. H. RES. 79 Jefferson Paul Vitter The Congressional Review Act was Jenkins Payne Walden Resolved, That upon receipt of a message made for regulations like the Depart- Wamp John Pelosi from the Senate transmitting the joint reso- ment of Labor’s ergonomics rule. This Johnson (CT) Pence Watkins lution (S.J. Res. 6) providing for congres- Johnson (IL) Peterson (PA) Watts (OK) sional disapproval of the rule submitted by overly burdensome and impractical Weldon (FL) Johnson, E. B. Petri the Department of Labor under chapter 8 of ergonomics standard was imposed by Johnson, Sam Phelps Weldon (PA) the Clinton administration as part of Jones (NC) Pickering Wexler title 5, United States Code, relating to Kanjorski Pitts Whitfield ergonomics, it shall be in order without the same pattern of regulatory over- Kaptur Platts Wicker intervention of any point of order to con- reach that held employers responsible Keller Pombo Wilson sider the joint resolution in the House. The for unsafe conditions in telecom- Wolf Kelly Pomeroy joint resolution shall be considered as read muters’ home offices. By disapproving Kennedy (MN) Portman Woolsey for amendment. The previous question shall Wu the ergonomics standard, Congress can Kennedy (RI) Price (NC) be considered as ordered on the joint resolu- Kerns Pryce (OH) Wynn tion to final passage without intervening support the voluntary efforts of em- Kildee Putnam Young (AK) ployers who have made real reductions Kilpatrick Quinn Young (FL) motion except: (1) one hour of debate equally divided and controlled by the chairman and in ergonomics injuries and allow OSHA NAYS—72 ranking minority member of the Committee to focus on developing reasonable and Aderholt Costello Gonzalez on Education and the Workforce; and (2) one workable ergonomics protections for Allen Crane Green (TX) motion to recommit. the workplace. Baca DeFazio Gutierrez The SPEAKER pro tempore (Mr. Mr. Speaker, some of my colleagues Baird DeLauro Gutknecht Berry Dicks Hastings (FL) BONILLA). The gentleman from Georgia on the other side of the aisle will no Bonior English Hill (Mr. LINDER) is recognized for 1 hour. doubt insist that the rule does not Borski Farr Hilliard Mr. LINDER. Mr. Speaker, for the allow for sufficient time for debate. In Brady (PA) Filner Holt purpose of debate only, I yield the cus- fact, the question before us is straight- Brown (OH) Ford Hulshof Clay Frost Jones (OH) tomary 30 minutes to the gentleman forward. Does OSHA’s ergonomics rule Condit Gephardt Kucinich from Ohio (Mr. HALL); pending which I overly constrain employers without March 7, 2001 CONGRESSIONAL RECORD — HOUSE H659 providing real benefits to employees? If American workers deserve better Mr. Speaker, I am from the position Members confine their remarks to the treatment than this shabby attempt to that I believe we can have both, pros- matter at hand, which is the accept- deny them important protection from perity, healthy workers and keep jobs ance of the rule, there will be sufficient job-related injuries, and the American in this country. Some people do not be- time to this question. people deserve more deliberation from lieve that is possible, but the workers This rule was approved by the Com- their representatives when making in this country are the very best. They mittee on Rules yesterday, and I urge sweeping changes in the law. I urge my deserve an environment where they can my colleagues to support it, so that we colleagues to defeat the rule and the keep the good jobs that they have may proceed with general debate and resolution. earned and prospered in. consideration of the bill. Mr. Speaker, I reserve the balance of Mr. Speaker, this regulation was Mr. Speaker, I reserve the balance of my time. passed in the final days of the last ad- my time. Mr. LINDER. Mr. Speaker, I yield 4 ministration. It was passed in a hurry. Mr. HALL of Ohio. Mr. Speaker, I minutes to the gentlewoman from Ken- It did not review the law of unintended yield myself such time as I may con- tucky (Mrs. NORTHUP). consequences, and it did not consider sume. Mrs. NORTHUP. Mr. Speaker, I rise what the costs would be to the econ- Mr. Speaker, I want to thank the to speak in favor of this rule and in omy. gentleman from Georgia (Mr. LINDER) favor of the invocation of the Congres- Mr. Speaker, I have six children. for yielding me the time. I rise to op- sional Review Act. They are ages 19 to 29, and they believe pose this closed rule. The rule will First of all, let us remember what that this country and the jobs that allow for the consideration of S.J. Res. the Congressional Review Act is for. It they are going to have in the future 6. This is a resolution that would over- is for remedying extraordinary rules will mirror the good jobs that my gen- turn the new Federal regulation to re- that would cause extreme damage in eration has had and depended on so our country. It was signed by the duce workplace injuries. that they can raise families and buy former President. It was agreed to by Under this rule, no amendments may their first home and enjoy the benefits both Chambers of Congress, and it was be offered. Debate time is limited to that our good jobs and our best work- seen to be a good way to address a only 1 hour. ers have made possible for us. Last November, the Occupational problem that might come up and be Please, let us not let our government needed in the future. And if ever it is Safety and Health Administration tinker around in a regulation that needed, today it is needed. issued an ergonomics standard that would cost so much money, that would We have a new rule that has been would require employers to take steps promulgated that would cause extreme drive the cost of every good up, that to reduce work-related muscle, back damage to our workplace. Let us admit would reduce our ability to be inter- and related bone disorders. These dis- it, we are a land of prosperity right nationally competitive, that would orders are often the result of heavy now primarily because of our workers. make older workers and I want to say lifting, repetitive motion and awkward Let us give our workers their just due. middle-aged workers, because that is working positions. They go to work every day. They are where I consider myself, impossible to The standard was issued after 10 hard working. They are productive. employ for the fear that workplaces years of discussion and study. It is in- They work smart, and they are depend- would be wary of the costs they would tended to reduce the enormous number able. It is those qualities that have re- incur to accommodate those workers. of job-related ergonomics injuries. An made our economy from the years We have to protect the workplace for estimated 1.8 million Americans suffer where we wondered whether we could our workers, they are the best for our from these kinds of disorders, and be internationally competitive, and it country. about one-third of these works require is those workers that have worked so Mr. HALL of Ohio. Mr. Speaker, I time off as a result of their injuries. hard, worked so smart, been so depend- yield 2 minutes to the gentlewoman The standard is aimed at improving the able that are at the core of the pros- from California (Mrs. CAPPS). health of workers, as well as improving perity that Americans all over this Mrs. CAPPS. Mr. Speaker, I rise productivity. country enjoy. today in strong opposition to this rule It is a good regulation. It is based on The worst thing we can do as a gov- and to the resolution for overturning sound scientific studies. It will prevent ernment is to create regulations that the new OSHA standards for worker hundreds of thousands of work-related would be so high in costs that they safety. Repealing this standard would injuries. If we approve this resolution, would push our best jobs outside of this not only eliminate this important we will kill the regulation. country. It is a reoccurring challenge worker protection, but it would effec- The regulation does not go into effect that we face every day to keep good tively prohibit OSHA from ever issuing until next October, and by killing it jobs here in this country. We ought to a similar standard to protect workers now we are not even giving the regula- dedicate ourselves to it. from musculoskeletal disorders. How tion a chance to work. As I have seen workers and compa- appalling. Mr. Speaker, I am particularly con- nies do in my district that have re- OSHA’s standards for worker safety cerned that we are acting through the versed decisions, in fact, to keep work is critically important to working men special authority created by the Con- on shore in this country, in my com- and women. The lives of workers who gressional Review Act to overturn Ex- munity instead of transferring it off- suffer from disorders like carpal tunnel ecutive Branch regulations. I believe shore, we have to work harder at that, syndrome, tendinitis or back injuries that never before has Congress used and we have to be very careful that as are changed forever. Many workers lose this authority. we all work towards what we believe in their jobs, are permanently unem- The resolution we are considering that we do not create a rule that has ployed or forced to take severe pay was brought up suddenly. In fact, Mem- the law of unintended consequences, of cuts in order to continue working. This bers of the Committee on Rules had pushing our best jobs out of this coun- injustice must end. only about an hour’s notice last night try. That would be a terrible thank you As a public health nurse, I know how before it came to the committee. to the workers of this country that debilitating these injuries and illnesses The rule we are now considering per- have meant so much to our prosperity can be. For example, nursing home em- mits only 1 hour of debate for the dis- and will mean so much to our chil- ployees experienced more on-the-job approval resolution. That is woefully dren’s prosperity. back injuries as a percentage of their inadequate, considering the impor- Let us all say it and say it again, we overall injuries than any other occupa- tance of this issue to the American are all for the same thing, we are for tion. Most of them are women. worker. safe workplaces. We are for healthy Mr. Speaker, I support the OSHA Because Congress has never used the workers, and we are here to make sure standard because it is based on sound Congressional Review Act, we are now that investments in our economy are science and good employer practices. It establishing the procedural precedent important so that we can balance both is the most effective means to prevent that could be followed in the future. It safe workplaces and healthy workers workplace injuries. And under this is not a good precedent. and keeping our jobs on shore. standard, I believe that businesses will H660 CONGRESSIONAL RECORD — HOUSE March 7, 2001 save money in the long run through re- Mr. Speaker, I think it is going to workplace injuries take upon Amer- duced workers claims for compensation have a tremendously negative impact ica’s working men and women, and dis- and other health insurance claims. on employees because there will be no proportionately on women. Women are Mr. Speaker, I am so disappointed standards, and we will be turning the 40 percent of the work force. There is that Congress is attempting to repeal clock back and going back to a time over 63 percent of the injuries. this important safeguard and to deny when even in the face of compelling They have decided also that, not only significant medical and scientific find- and overwhelming scientific evidence are they going to assault America’s ings. These objective studies all agree each individual case will have to be workers, they are going to insult that workers need safety protection for litigated separately with an absence of America’s workers. They are going to repetitive motion injuries. Injuries like standards. insult them in the manner in which these are only going to increase in our they bring this to the floor of the Con- b 1115 economy as so many sit at computers gress. They are not going to use a pro- or stand at assembly lines. Mr. LINDER. Mr. Speaker, I yield cedure that allows for 10 hours of de- It is time to stop the pain, to start myself such time as I might consume bate so those who are pro this regula- the healing and to protect workers to respond that. With respect to litiga- tion and against this regulation can de- from workplace injuries. Let us vote tion, these rules would begin it all over bate it. But they have decided we will down this rule and this resolution. again. Any little accident on a football only be given 1 hour of debate. That Mr. LINDER. Mr. Speaker, I reserve field could be said to hurt more when will be a half an hour on each side for the balance of my time. one is working and, therefore, is work- 435 Members of Congress. Mr. HALL of Ohio. Mr. Speaker, I place related; and, therefore, there is a So they are going to take 10 years of yield 3 minutes to the gentleman from requirement that the entire business work, 10 years of scientific study, 10 North Carolina (Mr. WATT). has to change its position, its offices to years of medical evidence, 10 years of Mr. WATT of North Carolina. Mr. facilitate one injury. worker testimony and business testi- Speaker, I thank the gentleman from With respect to whether big business mony, and they are going to overturn Georgia (Mr. LINDER) for yielding me is being helped by this or not, most big it in 1 hour of debate. the time. businesses have made a mantra out of Now, I guess one could argue that Mr. Speaker, I rise in opposition to the phrase ‘‘safety is job one.’’ Most maybe the Republicans do not know the rule and in opposition to this pro- big businesses have very few problems who these workers are. They do not see posal to undo a set of regulations that with safety. They would be fine with I believe will be beneficial not only to them with the wrist braces, with the this. American workers but to small busi- finger braces, with the elbow brace, But most of the new jobs are created nesses. with the shoulder braces, with their by small business. Perhaps 95 percent Some 25 years ago, before I came to arms in a sling, with the back braces. this body, I did a lot of workers’ com- of the jobs created in the last 8 years They do not see them at Home Depot. pensation work in the practice of law were created by entrepreneurs who They do not see them at Wal-Mart. on behalf of employees, and we were started with one employee and hope- They do not see them at United Airline light-years behind at that time, be- fully ended up with 50. They are the as they are making out their tickets or cause I remember in North Carolina ones who are going to be the most bur- as their flight attendants on their air- litigating the first case that estab- dened by these rules. plane are serving them meals or the lished carpal tunnel syndrome as an oc- Let me lastly say that we are not people who handle their baggage. cupational disease under the North least in the interest of harming work- They do not see them when the UPS Carolina Workers’ Compensation law. ers. We are neither in the interest of driver comes by or the FedEx worker What was required on one side, on my harming workers or reducing the abil- comes by and drops off their packages side, the employee’s side, was a group ity of OSHA through the Labor Depart- and is wearing a brace on their arm. of experts that connected these injuries ment to come up with some real pro- They do not see them in the lumber to conditions in the workplace, and on tections regarding ergonomics; we are mills. They do not see them as the the employer side, a group of experts opposed to this overreaching intrusive health-care attendants and the nurses that denied that there was any connec- rule that could shut down businesses. in our hospitals. They do not see them tion between the workplace setting and Mr. Speaker, I reserve the balance of in the Safeway stores, the checkers at these kinds of diseases. So what we my time. the stand who are wearing braces on would have is hours and hours and Mr. HALL of Ohio. Mr. Speaker, I their arms because of repetitive mo- thousands of dollars of expert opinion yield 3 minutes to the gentleman from tion injuries to them. time on both sides of this issue. California (Mr. GEORGE MILLER). They do not see these workers when We got through that, and we set up a (Mr. GEORGE MILLER of California it is painful for them to get into the standard in North Carolina, and we asked and was given permission to re- car to drive to work because their arms have gotten through that. And after 5 vise and extend his remarks.) and their wrists and their hands are so years of study now, we have set up a Mr. GEORGE MILLER of California. badly damaged from being a key punch standard at the national level, and Mr. Speaker, what is taking place here operator. They do not see them when what I am going to submit to my col- today is not terribly complicated. It is they get into their cars painfully to leagues is that while this undoing of pretty straightforward. It is an drive home. They do not see them when regulations might be beneficial to big unapologetic assault on some of the they get into their house and they can- businesses who have experts on their hardest working men and women in not pick up their children because payroll accessible to them at all this country. It is an assault on the their arms are so badly damaged from points, small businesses are going to right to be pain free in their job. It is repetitive motion or their back is have to go back to a situation where an assault on their right not to be in- badly damaged from repetitive motion they have to go out and hire experts to jured on their job. It is an assault on or from loads on their back. come in and defend these cases, and their right to provide the wherewithal Somehow the Republicans do not see employees are going to be put to the for their families. these individuals. But America sees burden, financial and otherwise, of hir- Because the workers who suffer these them. We see them when we fly. We see ing experts. workplace injuries lose wages, they them when we go to the supermarket. It is going to be a swearing contest lose hours, and they lose jobs, which We see them when we go to the hard- again in the absence of these regula- means they cannot provide what they ware store. We see them in the hos- tions. While I think what my col- want for their families. pitals as they take care of members of leagues on the Republican side are try- But the Republicans in the Congress our family. We see them as they turn ing to do will, in fact, benefit and ad- have decided that they are going to as- over a patient in bed. And they are vantage big business, that is what they sault these workplace rules in spite of wearing braces on their arms because are all about, I do not think this is all the science, in spite of all the evi- of these kinds of workplace injuries, going to be beneficial at all to small dence, in spite of all the medical testi- the very same injuries that Repub- businesses. mony about the terrible toll that these licans are insisting now that American March 7, 2001 CONGRESSIONAL RECORD — HOUSE H661 workers do not have the right of pro- Elizabeth Dole credit for the first per- cannot work. It is a rule that must be tection from. son that raised this issue and had a rewritten in a fair and balanced way. Mr. LINDER. Mr. Speaker, I yield 3 good idea about ergonomic problems, On November 14, 2000, OSHA finalized minutes to the gentlewoman from Ken- and hijacked it and took it in a very a fatally flawed rule that regulates tucky (Mrs. NORTHUP). wrong direction. every motion in the workplace. But Mrs. NORTHUP. Mr. Speaker, in this There is no balance to this rule. That OSHA did not stop there. As they did new atmosphere of bipartisanship, I am is why we are here today because 10 years ago with the blood-borne patho- going to avoid being insulted by the years have been wasted by somebody gen standard, OSHA also created a Fed- claim of the gentleman from California that never listened to what the balance eral workers’ compensation system (Mr. GEORGE MILLER), the previous was in this issue. that will undermine State workers’ speaker, that somehow we do not see Mr. HALL of Ohio. Mr. Speaker, I compensation laws. these things. yield 11⁄2 minutes to the gentlewoman This ergonomics regulation simply But I do for the record want to make from California (Ms. SOLIS). cannot be salvaged as written. This a note that my daughter, who works Ms. SOLIS. Mr. Speaker, I rise in op- must be sent back to the drawing for UPS from 4 a.m. to 8 a.m. in the position to bringing this resolution for- board, and that is what this debate is morning actually had two of these ward, Senate Joint Resolution 6 to the about, that is what this vote is about. braces on her hand. She does suffer floor. This legislation would repeal the This is a bad rule. Let us begin again from carpal tunnel syndrome. As a worker-safety standards recently es- and get it right. credit to the company, they do every tablished by OSHA. Remember, it took Although OSHA tells us that this is single thing they can in terms of job 10 long years to get here. We studied an ergonomics regulation, this regula- rotation, in terms of remediation in this thing to death. tion is not limited to those repetitive remedying this problem. The worker-safety standards are stress injuries generally associated How dare we, how dare we act as critically important to preventing with ergonomics; no, this ergonomics though we do not care about these work-related injuries, and it is shame- regulation covers all disorders of the workers or that they are not our own ful that the Republican majority is muscles, the nerves, the tendons, the daughters and our own sons. trying to overturn them. ligaments, the joints, cartilage, blood Let me just say that, first of all, I Maybe those of us in Congress do not vessels, and spinal disks. would like to respond to the fact that have to worry about repetitive injuries To make matters worse, OSHA has this will save money. If this rule would or forceful exertion or awkward pos- made it nearly impossible in this rule really save money, then the Federal tures because of the type of work we for an employer to claim that an injury Government ought to apply this rule to do. But look at the stenographers right is not work related. Any MSD injury, its own workers. One may notice that in front of us that sit here day in and no matter how caused, will be consid- ered work related if work makes it the Labor cabinet does not inflict this day out, does one not think that they hurt. Think about that. rule on Federal employees, which might have had some problems with Instead of creating an ergonomics means that, if there is money to be carpal tunnel syndrome? regulation that helps employers and Take a look around your own offices. saved, our taxpayers will not save this employees prevent repetitive stress I know in my district office it is very money that could be saved. syndrome, OSHA has created a rule Why would we ever apply something important that we have safety protec- that makes employers responsible for to the private workplace and not apply tions put in place. softball injuries. Despite this wide- Mr. Speaker, I know also in my dis- it to Federal workers and hold Federal open definition, OSHA felt that some trict we have many constituents who employers responsible at exactly the employees would still find some way to work in a hard and unsafe manner, same level that we hold the private claim that softball injuries were not workplace? many of them work in sweat shops, work related. So OSHA made it illegal Let me also congratulate the work- many of them work for big garment in- for employers to ask the employee’s places that are already spending enor- dustries, they work 10 and 12 hours doctor about nonwork causes of injury. mous sums of money to address this sewing materials, barely being able to Think about that. issue. All of us know in workplaces lift up their heads. Many of them are Despite the extreme difficulty of de- that, where we are, maybe in our own women, many of them are new immi- termining the cause of any MSD in- offices, I might add, where we have grants that come to this country with jury, OSHA requires employers to spent money to address these problems, the hope of prosperity in bringing up begin redesigning their workplaces we are to recognize that, as a country, their families. They sacrifice them- based upon the report of one injury by we are addressing this problem. selves for that. The least that we can one employee. The single-injury trig- But the big problem here is that, as do is provide them with better protec- ger raises the likelihood that employ- we address this problem, because let us tions in the workplace. ers will be required to embark on ex- face it, in our economy, we need every I know that myself and many of my pensive redesigns of their workplaces worker we can get. It is important to colleagues in California have worked because of injuries that were not us that we keep them healthy and able hard to study this issue as well. As a caused at work. Think of the connota- to work so that we are able to keep our member of the State Senate and former tion of that and what it does to jobs. economy growing. chair of the labor committee there, we OSHA was not content, however, to But there is someplace where there is worked hard to try to bring labor and merely require expensive redesigns of not every worker working. There are businesses together on this. workplaces across the country, OSHA places overseas where they are des- Mr. Speaker, it is shameful to see also set up a Federal workers’ com- perate to have our jobs and they are that the Chamber of Commerce is op- pensation system that will undermine eager for our data processing jobs and posing this very important legislation. existing State workers’ compensation they would be glad to have them at the Mr. LINDER. Mr. Speaker, I yield 5 laws. OSHA has mandated a parallel less cost. It is very easy to transfer minutes to the gentleman from Geor- workers’ compensation system for those jobs overseas; and with one click gia (Mr. NORWOOD). ergonomic injuries that will pay higher of the mouse, one can send all that Mr. NORWOOD. Mr. Speaker, I thank rates of compensation than for other processed information back into this the gentleman from Georgia for the injuries covered by State workers’ country and not have the unreasonable time, and as our ranking minority compensation. Think about that. cost that this rule invokes. member said a few minutes ago, this is This problem is not that we went on not a very complicated issue. This is b 1130 10 years, it is that we had a Labor cabi- not an issue about basically The tragedy of this regulation is that net that was totally tone deaf. They ergonomics and workforce problems workers do suffer injuries caused by re- did not learn anything from all of the with repetitive motion, this is an issue petitive stress. Fortunately, these inju- testimony they took. They were deter- about a rule that is absolutely awful. It ries have declined by 22 percent over mined to take an idea that was hatched is about a rule that will stop repetitive the past 5 years, thanks to the vol- back in the early 1990s, and let us give motion injuries by making sure people untary efforts of employers. Instead of H662 CONGRESSIONAL RECORD — HOUSE March 7, 2001 building on these efforts, OSHA has ica’s workers. Help our families and Everybody knows about this. Mem- issued a rule that assumes that every stand by what is right in making sure bers should talk to the computer oper- employer is a bad actor that will not that that which drives this economy, ators in their own offices, talk to their help its own employees, even when it which is the labor of men and women, office workers. Many of them are re- saves the employer money. Think is preserved. quiring special equipment to work with about that. Mr. LINDER. Mr. Speaker, I yield 3 to protect them. Truck drivers, con- By finalizing a regulation that is uni- minutes to the gentleman from Geor- struction workers and meat cutters, all versally opposed by the regulated com- gia (Mr. NORWOOD). of these people are affected; and we munity, OSHA has shown its contempt Mr. NORWOOD. Mr. Speaker, I thank should want to do something to help for employers, many of whom have the gentleman for yielding me this the workers that basically make the made a great effort to establish com- time. I just want to point out this does least amount of money, that are the prehensive, voluntary ergonomic pro- not repeal anything. This is us stand- most vulnerable, the ones who have the grams in the workplace. By dis- ing up as the Congress of the United least dollars to take care of their fami- approving the ergonomics regulation, States and saying this Federal agency lies with to get the kind of medical Congress can support the voluntary ef- wrote a bad rule. We have let them get help that they need to address these forts of employers that have brought away with this over and over again. kinds of issues. I think it is obvious. real reduction in ergonomic injuries, This does not mean that Secretary I certainly hope that the Members of and OSHA can focus on promoting rea- Chao, the new Secretary, will not write this House will not support this dis- sonable and workable ergonomic pro- ergonomic regulations; but it does approval resolution by the opposite tections for the workplace. mean, however, we will repeal, we will side of the aisle. I hope that we can This is about eliminating a bad rule. disagree, we will say the way they draw attention to what they are trying Mr. HALL of Ohio. Mr. Speaker, I wrote these rules will not do. to do. American workers deserve better yield 2 minutes to the gentleman from Mr. MENENDEZ. Mr. Speaker, will than this. the gentleman yield? New Jersey (Mr. MENENDEZ). Mr. LINDER. Mr. Speaker, I yield 4 Mr. MENENDEZ. Mr. Speaker, I rise Mr. NORWOOD. I yield to the gen- minutes to the gentleman from Geor- tleman from New Jersey. in the strongest opposition to this gia (Mr. KINGSTON). Mr. MENENDEZ. Mr. Speaker, I abandonment of American workers. Mr. KINGSTON. Mr. Speaker, I think the gentleman clearly recognizes Elections have consequences, and thank the gentleman for yielding me that if we have a set of rules that pro- this time, and I want to start out just today the Republican leadership starts tect workers today and we repeal them down a road on what I believe will be a asking a couple of questions here. we are taking away a right they pres- Should a grocery store employee be long list of repealing worker rights. It ently have. is shameful. prohibited from bagging a turkey that Mr. NORWOOD. Mr. Speaker, re- weighs more than 15 pounds? Now, I Today, the Republican leadership claiming my time, the gentleman does will sacrifice the health and safety of have a family of four, so if I can find a recognize that this set of rules may 15 pound turkey, I am going to buy it. hard-working Americans for pure polit- well not protect workers because they ical gain. This is nothing more than Now, my wife can pick up a 15 pound may not have a job in which to be pro- turkey because she has been picking up Republicans paying back their big con- tected. four children. Most kids quickly get to tributors who helped them get all OSHA people are not going to Mexico be in excess of 15 pounds. But let us elected. It is certainly not compas- and they are not going to Canada to just think this through. Libby King- sionate, and the process being used check on them. We need to write a set ston goes to the Piggly-Wiggly to buy today to overturn workplace safety is of rules that will encourage employers the 15 pound turkey and she lifts it up; not bipartisan. in the workplace to be healthy and yet the 18-year-old football player from Common sense tells us that workers safe, including ergonomic rules. But Savannah High School, Johnny Sim- are our most valuable asset. Without this rule is a bad rule, and that is all mons, cannot lift it from the cashier to them there are no corporate profits, we are talking about. the bag. without them there are not going to be The Labor Department issued a bad Maybe we need to install forklifts at increasing stock prices, without them rule. Let us get rid of it and write a all the Piggly-Wigglys so that we can as the hard-working engine there is no good rule. get those 15 pound turkeys into the one fueling our economy. But Repub- Mr. HALL of Ohio. Mr. Speaker, I bags so that the mamas can pick them licans argue that it would cost compa- yield 2 minutes to the gentlewoman right up and carry them and put them nies too much to protect them, despite from California (Ms. WATERS). into the SUVs. the fact that these workplace injuries Ms. WATERS. Mr. Speaker, Repub- Another question. Should hospitals are already costing businesses $50 bil- licans have a bad reputation for sup- and nursing home employees be re- lion a year and that there are 600,000 porting the rich and the powerful and stricted in their ability to help lift pa- men and women suffering from such in- disregarding the needs and concerns of tients from their bed? I have an em- juries each year. low-wage workers, poor people, and ployee right now whose father, very These are men and women who can- working people in general; and they sadly, has suffered a stroke, and he not prepare dinner for their families or have wasted no time in attempting to needs assistance when he goes to the help dress their kids for school because repeal worker safety standards. bathroom. Now, under these rules it is their hands have been crippled by re- I am surprised that they would move no problem, all an employee has to do petitive-stress injuries; or who cannot so quickly and so blatantly to do this. is say, Well, you are on your own. We have the joy of picking up their child This attempt by Republicans to dis- know you had your stroke, but, good because of back injuries, injuries that approve the results of the congression- luck, sorry, I am on break right now. are no fault of the workers themselves. ally mandated OSHA study is a blatant That is what these rules do. To argue these protections were example again of the extent the Repub- Should a worker be prohibited from rushed through at the last minute is to licans will go to protect those cor- spending more than 4 hours a day at a deny that more than 10 years ago this porate interests. keyboard? I am glad the previous effort was started by a Republican During all of this delay and these de- speaker said her employees seem to be Labor Secretary. My colleagues should laying tactics, over 600,000 workers suf- suffering from this every day at the understand that if they vote for this fered injuries caused by repetitive mo- word processors. I do not know, but resolution they will repeal and strip tion, heavy lifting, and forceful exer- maybe she should move them to an- away a right American workers have tion. These kinds of injuries affect other job. My folks over at the first now and that there will be no recourse. every sector of the economy: nurses, district of Georgia, they can spend 4 American workers have been driving who are lifting people, rolling over the hours a day at a keyboard. And if they our Nation’s economy. Today, Repub- sick, taking care of their bed sores; cannot, they can tell me and we can licans throw them in the back seat and cashiers who stand there all day punch- work it out. take them for a ride. Vote against the ing and counting and adding; computer Here is one of the questions. Maybe rule and the resolution. Protect Amer- operators. not all employees should be picking up March 7, 2001 CONGRESSIONAL RECORD — HOUSE H663 15 pound turkeys, maybe not all em- I am Dorothy, and I am pulling the itive motion stress in the workplace. ployees in hospitals should be helping cloak off the wizard to let you know But you are not going to get it reduced patients go to the bathroom, and that the rule here, the disapproval res- any further with the kind of onerous maybe not all employees should be sit- olution, does not only rescind the rule, rule we are putting on them now. ting at a keyboard for 4 hours; but it prohibits issuance of a similar rule. Remember what this is. This is about that, my colleagues, should be the deci- A bad rule. repealing a bad rule. It is not about sions made locally at the place of em- I am worried about my mother, 80 making ergonomics go away. Lastly, I ployment, not by some bureaucrat in years old, who folded boxes for a com- would simply add, it dawned on me as Washington who knows everything. pany. Her hand looks like this. I have I was listening about the 15-pound tur- What is it with the Democrat Party said this on the floor before. It is like key. I am more interested in the 15- that they think the wizards of Oz are in this because she cannot move it as a pound child. What about the mothers Washington, D.C. and that they should result of the repetitive motion of fold- all across America that have a 15- dictated to all the businesses all over ing a box. Let us make the argument pound baby who is 8 months, 10 months the country who should do what, when that instead of just saving money for old? What are we going to do next? In they should do it, and how they should companies, we might save the health leaving the Labor Department to its do it? care costs for all these workers who are own devices, we might. Should the Fed- I will give another example. A couple stuck like this, or stuck like this, from eral Government furnish a helper for of years ago this same outfit came into doing repetitive motion. every mother in America that has a 15- my district and told a woman who runs Wake up, Republican Party. Under- pound child that she lifts up and down a courier service with two cars, she stand that we are not saying Repub- all day? takes packages from the north side of lican-Democrats. We are for workers. There are things in life we have to do town to the south side of town, it is Democrat-Republican, black-white, in terms of our workforce. Can we real complicated business, from a gov- male-female, old-young. Lifting a tur- make those better? Yes, of course we ernment standpoint, they came in and key? Lifting a turkey all day every day can make them better. It is pretty told her that she would need to have a may present a problem. Women can lift clear to me that the small businesses smoking and a nonsmoking car for her babies, all women have lifted babies and large businesses of America are smoking and nonsmoking employees to forever; but maybe that is the problem working on that, but we are not going deliver packages to smoking and non- they have currently as a result of doing to help them at all if we pass this rule. smoking businesses. She said, ‘‘Guys, I the repetitive motion. Let us get rid of a bad rule. For once only have two cars. I can figure this We are Dorothy, not the Wizard. let us say a Federal agency has written out in Savannah, Georgia. Why don’t Mr. HALL of Ohio. Mr. Speaker, I a bad rule and a bad regulation that you all go back to Washington and yield 1 minute to the gentlewoman will not solve the problem and let us solve real problems. Get a real life.’’ from Minnesota (Ms. MCCOLLUM). try to relook at that and see if in fact All this is about is common sense. We Ms. MCCOLLUM. Mr. Speaker, I rise we can help the workforce. are not pulling out the rug on workers’ in opposition to the rule and the reso- Mr. HALL of Ohio. Mr. Speaker, I safety. This is saying there is still lution. yield 1 minute to the gentleman from going to be Federal worker-protection I came to Congress to represent the California (Mr. BACA). laws. There will still be State worker- working men and women of Min- (Mr. BACA asked and was given per- protection laws. There will be all kinds nesota’s fourth district, and they de- mission to revise and extend his re- of insurance and business premises serve the right to be protected in the marks.) rules and regulations. workplace. I know it is hard for some people to Mr. BACA. Mr. Speaker, I rise b 1145 understand, but there are business against the rule. It is a shameful act owners and entrepreneurs who do not This resolution denies American that is being committed against the want their employees hurt. Hey, what a workers the protection that they need American worker this week. The Re- revolutionary thought for the liberal from needless injuries. Repetitive mo- publicans have decided to strip away party. tion injuries are painful and they are worker safety rules, protections we The fact is the National Academy of crippling. These injuries disproportion- have fought hard for for working fami- Sciences was coming out with rules ately impact women and workers in lies across America. These protections and regulations on ergonomics; but the low wage jobs. The good news is that have been under development for over a Clinton folks, on their way out of these injuries are preventable. My larg- decade. In fact, they were initiated by town, along with pardoning a lot of est employer in the Fourth District, former President Bush. They save people at 2 in the morning, decided, 3M, has reported that following the im- money in the long term by reducing hey, lets jam this through on the small plementation of an ergonomics pro- workplace injuries and keeping work- businesses and the entrepreneurs of gram, they reduced lost time injuries ers’ compensation costs down. Many America on the way out of town, and by 58 percent. businesses have already adopted pro- let the next administration try to The fact that the voices of millions grams to reduce injuries. But oppo- make sense of it. of American workers have been re- nents have repeatedly tried to block That is all this legislation does. It stricted to 1 hour of debate is also an these protections. As a result, over 6 lets the current administration try to insult. This procedure not only repeals million workers have suffered injuries make some sense, some common sense, the ergonomic rule but will effectively that could have been prevented. This out of another bureaucratic nightmare prohibit OSHA from issuing workplace affects everybody, nurses, construction out of Washington, D.C. safety standards on this issue. That is workers, white collar workers. This is Mr. HALL of Ohio. Mr. Speaker, can the legacy of this resolution. As a re- an attack on the American worker. We the Chair tell me how much time we sult, millions of Americans will be should oppose this cowardly effort. have remaining? needlessly injured. Mr. HALL of Ohio. Mr. Speaker, I The SPEAKER pro tempore (Mr. Mr. LINDER. Mr. Speaker, I yield 2 yield 3 minutes to the gentleman from SIMPSON). The gentleman from Ohio minutes to the gentleman from Geor- New York (Mr. OWENS). (Mr. HALL) has 131⁄2 minutes remaining, gia (Mr. NORWOOD). Mr. OWENS. Mr. Speaker, I rise in and the gentleman from Georgia (Mr. Mr. NORWOOD. Mr. Speaker, the pre- opposition to the rule and to the effort LINDER) has 8 minutes remaining. vious speaker from the Democratic to repeal the ergonomics standard. As Mr. HALL of Ohio. Mr. Speaker, I side made the point very nicely that if the ranking Democrat on the Sub- yield 1 minute to the gentlewoman you will not have onerous rules, the committee on Workforce Protections, I from Ohio (Mrs. JONES). workforce today, the employers today have followed this deliberation for the Mrs. JONES of Ohio. Mr. Speaker, I recognize the value of having work- last 5 years. I have in my hand a chro- thank the gentleman for yielding me force protections, and they have in- nology which shows it has gone on for this time, and to the previous speaker deed. There is no question about it. 10 years. We have been considering I would say, I am not the Wizard of Oz, Left alone, they have reduced repet- what we should do about ergonomics. H664 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Reasonable people, reasonable legisla- Labor Elizabeth Dole commits the Labor De- July 1996—The House of Representatives tors, scientists, we have all been in- partment to ‘‘taking the most effective steps approves the Pelosi amendment to H.R. 3755 volved in this since August of 1990. At necessary to address the problem of ergo- stripping the ergonomics rider from the nomic hazards on an industry-wide basis’’ measure. The vote was 216–205. Ergonomic that time the Republican Secretary of and to begin rulemaking on an ergonomics opponents vow to reattach the rider in the Labor, Elizabeth Dole, committed her- standard. According to Secretary Dole, there Senate or on a continuing resolution. self to taking the most effective steps was sufficient scientific evidence to proceed February 1997—Rep. Henry Bonilla (R–TX) necessary to address the problem of to address ‘‘one of the nation’s most debili- circulates a draft rider which would prohibit ergonomic hazards on an industrywide tating across-the-board worker safety and OSHA from issuing an ergonomics proposal basis and to begin rulemaking on an health illnesses of the 1990’s.’’ until the National Academy of Sciences com- ergonomics standard. Secretary Dole July 1991—The AFL–CIO and 30 affiliated pletes a study on the scientific basis for an unions petition OSHA to issue an emergency ergonomics standard. The rider, supported said this is ‘‘one of the Nation’s most temporary standard on ergonomics. Sec- by the new coalition, is criticized as a fur- debilitating across-the-board worker retary of Labor Lynn Martin declines to ther delay tactic. safety and health illnesses of the issue an emergency standard, but commits —During a hearing on the proposed FY 1998 1990s.’’ the agency to developing and issuing a budget for the National Institute for Occupa- The present Republican majority standard using normal rulemaking proce- tional Safety and Health, Rep. Bonilla ques- committed themselves to complying dures. tions Centers for Disease Control head David with the results of a study. We get one June 1992—OSHA, under acting Assistant- Satcher on the scientific underpinnings for Secretary Dorothy Strunk, issues an Ad- an ergonomics standard. Bonilla submits study and then they want another. I vanced Notice of Proposed Rulemaking on more than 100 questions on ergonomics to think we appropriated about a million ergonomics. Satcher. dollars for the last study requested by January 1993—The Clinton Administration April 1997—Rep. Bonilla raises questions the Republican majority. Now we are makes the promulgation of an ergonomics about OSHA’s plans for an ergonomics stand- engaged in a process which says we are standard a regulatory priority. OSHA com- ard during a hearing on the agency’s pro- not interested in reason, logic, science, mits to issuing a proposed rule for public posed FY 1998 budget. comment by September 30, 1994. July 1997—NIOSH releases its report Mus- we are going to use brute political March 1995—The House passes its FY 1995 culoskeletal Disorders and Workplace Fac- force. As Newt Gingrich says, politics rescission bill that prohibits OSHA from de- tors. Over 600 studies were reviewed. NIOSH is war without blood. We have the veloping or promulgating a proposed rule on concludes that ‘‘a large body of credible epi- numbers, we have an army of business ergonomics. Industry members of the Coali- demiological research exists that shows a lobbyists behind us, and we are just tion on Ergonomics lobbied heavily for the consistent relationship between MSDs and going to overwhelm the Congress and measure. Industry ally and outspoken critic certain physical factors, especially at higher make a decision which is inhumane and of government regulation, Rep. Tom DeLay exposure levels.’’ (R–TX), acts as the principal advocate of the —California’s ergonomics regulation is ini- an unwise decision. measure. tially adopted by the Cal/OSHA Standard A 10-year process ended in January of —OSHA circulates draft ergonomics stand- Board, approved by the Office of Administra- this year when the ergonomics stand- ard and begins holding stakeholders’ meet- tive Law, and becomes effective. (July 3) ard was issued. In the same month, the ings to seek comment and input prior to October 1997—A California superior court results of a study was released and the issuing a proposed rule. judge rules in the AFL–CIO’s favor and scientists said again, in its second re- June 1995—President Clinton vetoes the re- struck down the most objectionable provi- scission measure. sions of the CA ergonomics standard. port in 3 years on musculoskeletal dis- July 1995—Outspoken critic of government November 1997—Congress prohibits OSHA orders, the report confirms that mus- regulation Rep. David McIntosh (R–IN) holds from spending any of its FY 1998 budget to culoskeletal disorders are caused by oversight hearings on OSHA’s ergonomics promulgate or issue a proposed or final workplace exposures to risk factors, in- standard. National Coalition on Ergonomics ergonomics standard or guidelines, with an cluding heavy lifting, repetition, force members testify. By the end of the hearing, agreement that FY 1998 would be the last and vibration and that interventions McIntosh acknowledges that the problem year any restriction on ergonomics would be incorporating elements of OSHA’s must be addressed, particularly in high risk imposed. industries. May 1998—At the request of Rep. Bonilla ergonomics standard have been proven —Compromise rescission bill signed into and Rep. Livingston, The National Academy to protect workers from ergonomic law; prohibits OSHA from issuing, but not of Sciences (NAS) receives $490,000 from the hazards. from working on, an ergonomics standard. National Institutes of Health (NIH) to con- I have copies of this chronology for Subsequent continuing resolution passed by duct a review of the scientific evidence on all people who have forgotten, espe- Congress continues the prohibition. the work-relatedness of musculoskeletal dis- cially those members of the Committee August 1995—Following intense industry orders and to prepare a report for delivery to on Education and the Workforce. What lobbying, the House passes a FY 1996 appro- NIH and Congress by September 30, 1998. priations bill that would prohibit OSHA from August 1998—NAS brings together more we are experiencing today is the begin- issuing, or developing, a standard or guide- than 65 of the leading national and inter- ning of warfare on a large scale which lines on ergonomics. The bill even prohibits national scientific and medical experts on has a psychological significance. It is OSHA from requiring employers to record MSDs and ergonomics for a two day meeting very strategic. After we roll over ergonomic-related injuries and illnesses. The to review the scientific evidence for the ergonomics, it is going to be Davis-Ba- Senate refuses to go along with such lan- work relatedness of the disorders and to as- con’s prevailing wage act. It is going to guage. sess whether workplace interventions were be onward marching toward the elimi- November 1995—OSHA issues its 1996 regu- effective in reducing ergonomic hazards. October 1998—NAS releases its report nation of any consideration of any latory agenda which does not include any dates for the issuance of an ergonomics pro- Work-Related Musculoskeletal Disorders: A minimum wage from now until this ad- posal. Review of the Evidence. The NAS panel finds ministration goes out of power. December 1995—Bureau of Labor Statistics that scientific evidence shows that work- This is war. It is war on the working (BLS) releases 1994 Annual Survey of Injuries place ergonomic factors cause musculo- families of America. You are declaring and Illnesses which shows that the number skeletal disorders. war. The working families of America and rate of disorders associated with re- —Left as one of the last issues on the table need to understand this. The only way peated trauma continues to increase. because of its contentiousness, in its massive April 1996—House and Senate conferees Omnibus spending bill Congress appropriates this war is going to be won is to let it agree on a FY 1996 appropriation for OSHA $890,000 in the FY 1999 budget for another be understood that the overwhelming that contains a rider prohibiting the agency NAS study on ergonomics. The bill, however, power that appears to be in place for from issuing a standard or guidelines on freed OSHA from a prohibition on the rule- the Republicans in Washington at this ergonomics. The compromise agreement does making that began in 1994. This point was point will not be utilized to wipe out permit OSHA to collect information on the emphasized by a letter to Secretary of Labor all the gains we have made over the need for a standard. Alexis Herman from then Chair of the Appro- years for working families. June 1996—The House Appropriations Com- priations Committee Rep. Livingston and Mr. Speaker, I include the following mittee passes a 1997 funding measure (H.R. Ranking member Rep. Obey expressly stat- 3755) that includes a rider prohibiting OSHA ing that the study was not intended to block material for the RECORD: from issuing a standard or guidelines on or delay OSHA from moving forward with its CHRONOLOGY OF OSHA’S ERGONOMICS ergonomics. The rider also prohibits OSHA ergonomics standard. STANDARD from collecting data on the extent of such December 1998—Bureau of Labor Statistics August 1990—In response to statistics indi- injuries and, for all intents and purposes, (BLS) releases 1997 Annual Survey of Injuries cating that RSIs are the fastest growing cat- prohibits OSHA from doing any work on the and Illnesses which shows that disorders as- egory of occupational illnesses, Secretary of issue of ergonomics. sociated with repeated trauma continue to March 7, 2001 CONGRESSIONAL RECORD — HOUSE H665 make up nearly two-thirds of all illness cases priations bill on the House floor fails on a to make sure that our workplace is and musculoskeletal disorders continue to vote of 203–220. healthy and is safe. account for one-third of all lost-workday in- —The Senate adopts an amendment to the Mr. OWENS. Mr. Speaker, will the juries and illnesses. FY 2001 Labor-HHS bill to prohibit OSHA gentleman yield? February 1999—OSHA releases its draft from issuing the ergonomics rule for another proposed ergonomics standard and it is sent year by a vote of 57–41. Mr. NORWOOD. I yield to the gen- for review by small business groups under —President Clinton promises to veto the tleman from New York. the Small Business Regulatory and Enforce- Labor-HHS bill passed by the Senate and the Mr. OWENS. Mr. Speaker, would the ment Fairness Act (SBREFA). House stating, ‘‘I am deeply disappointed gentleman like a new study? March 1999—Rep. Blunt (R–MO) introduces that the Senate chose to follow the House’s Mr. NORWOOD. I just quoted right H.R. 987, a bill which would prohibit OHSA imprudent action to block the Department of out of the new study. from issuing a final ergonomics standard Labor’s standard to protect our nation’s Mr. OWENS. Would he like another until NAS completes its second ergonomics workers from ergonomic injuries. After more study? Or does he want to repeal it for- study (24 months). than a decade of experience and scientific ever and ever? This is off the table for- April 1999—The Small Business Review study, and millions of unnecessary injuries, Panel submits its report on OSHA’s draft it is clearly time to finalize this standard.’’ ever? proposed ergonomics standard to Assistant October 2000—Republican negotiators agree Mr. NORWOOD. Mr. Speaker, re- Secretary Jeffress. to a compromise that would have permitted claiming my time, I am glad the gen- May 1999—The second NAS panel on Mus- OSHA to issue the final rule, but would have tleman asked that because what we are culoskeletal Disorders and the Workplace delayed enforcement and compliance re- basically saying is the Labor Depart- holds its first meeting on May 10–11 in Wash- quirements until June 1, 2001. Despite the ment last year issued a bad rule. We ington, DC. agreement on this compromise, Republican want the opportunity for the Secretary —Senator Kit Bond (R–MO) introduces leg- Congressional leaders, acting at the behest of Labor and the Bush administration islation (S. 1070) that would block OSHA of the business community, override their from moving forward with its ergonomics negotiators and refuse to stand by the agree- to look at this and issue a good rule standard until 30 days after the NAS report ment. that in the end does help patients and is released to Congress. November 2000—On November 14, OSHA does help workers in the workplace. —House Subcommittee on Workforce Pro- issues the final ergonomics standard. Mr. OWENS. Mr. Speaker, does that tections holds mark-up on H.R. 987 and re- —In an effort to overturn the ergonomics mean that the gentleman does not ports out the bill along party line vote to standard several business groups file peti- agree with what the Senate passed? forward it to Full Committee. tions for review of the rule. Unions file peti- Mr. HALL of Ohio. Mr. Speaker, I June 1999—House Committee on Education tions for review in an effort to strengthen yield 3 minutes to the gentlewoman and the Workforce holds mark-up on H.R. 987 the standard. and reports out the bill in a 23–18 vote. December 2000—House and Senate adopt from Texas (Ms. JACKSON-LEE). August 1999—House votes 217–209 to pass Labor-Health and Human Services funding (Ms. JACKSON-LEE of Texas asked H.R. 987, preventing OSHA from issuing an bill. The bill does not include a rider affect- and was given permission to revise and ergonomics standard for at least 18 months ing the ergonomics standard. extend her remarks.) until NAS completes its study. January 2001—Ergonomics standard takes Ms. JACKSON-LEE of Texas. Mr. October 1999—Senator Bond offers an effect January 16. Speaker, I thank the distinguished gen- amendment to the LHHS appropriations bill —NAS releases its second report in three tleman from Ohio of the Committee on which would prohibit OSHA from issuing an years on musculoskeletal disorders and the ergonomics standard during FY 2000. The Rules for yielding me this time. I hope workplace. The report confirms that mus- my words will carry forth through the amendment is withdrawn after it becomes culoskeletal disorders are caused by work- apparent that Democrats are set to filibuster place exposures to risk factors including general debate, and I hope that they the amendment. heavy lifting, repetition, force and vibration will be listened to and that my col- —The California Court of Appeals upholds and that interventions incorporating ele- leagues will come to their senses and the ergonomics standard—the first in the na- ments of OSHA’s ergonomics standard have realize that we are not paid by the tax tion—which covers all California workers. been proven to protect workers from ergo- dollars of the American people to kneel November 1999—Washington State Depart- nomic hazards. ment of Labor and Industries issues a pro- on bended knee to financial interests posed ergonomics regulation on November 15 Mr. LINDER. Mr. Speaker, I was pre- who pay us to write their legislation. to help employers reduce ergonomic hazards pared to respond to that, but I was Members can sense from my words that cripple and injure workers. afraid I would laugh so hard I would that I am particularly outraged that —Federal OSHA issues the proposed hurt myself. worker safety rules will fall today in ergonomics standard on November 22. Writ- Mr. Speaker, I yield 2 minutes to the the United States Congress. I am not ten comments will be taken until February gentleman from Georgia (Mr. NOR- only outraged but I am saddened. It 1, 2000. Public hearings will be held in Feb- WOOD). brings me to near tears that we are so ruary, March, and April. February 2000—OSHA extends the period Mr. NORWOOD. Mr. Speaker, since engaged with responding to special for submitting written comments and testi- supposedly Republicans are not inter- business interests that we cannot ac- mony until March 2. Public hearings are re- ested in reason or science, one might cept the fact that 600,000 workers have scheduled to begin March 13 in Washington, conclude that we have not read the suffered injury from repetitive motion DC followed by public hearings in Chicago, study done by the National Academy of and heavy lifting. I say this in pain be- IL and Portland, OR in April and May. Sciences and maybe others have not, cause I watched my father, just a la- March 2000—OSHA commences 9 weeks of either. Let me just give my colleagues borer, work for a great part of his life, public hearings on proposed ergonomics one little quote out of that study: standard. like most Americans, using a heavy May 2000—OSHA concludes public hearings ‘‘None of the common musculoskeletal pressing iron, up and down and up and on proposed ergonomics standard. More than disorders is uniquely caused by work down, to be able to afford a good life at one thousand witnesses testified at the 9 exposure.’’ The study notes that non- that time in our economy for his fam- weeks of public hearings held in Washington, work factors can cause MSD, also, ily. As a young person, I worked in the DC, Chicago, Illinois, and Portland, Oregon. which is why we believe this particular United States Postal Service. I am the due date for post hearing comments is rule and regulation, this particular very proud of that. I did the kind of set for June 26; and the due date for post standard, should be opposed. work that men and women are doing hearing briefs is set for August 10. —The House Appropriations Committee I would like to point out that though every day in this country, up and down adopts on a party line vote a rider to the FY President Bush and Secretary Dole did and up and down and moving one’s 2001 Labor-HHS funding bill (H.R. 4577) that bring to the forefront the discussion of arm. It is a kind of injury that you prohibits OSHA from moving forward on any workplace injuries and repetitive mo- cannot see. The person looks perfectly proposed or final ergonomics standard. The tion syndrome, none of them approve fine, but the pain is severe. rider was adopted despite a commitment of how we got there with this rule. This Today this rule disallows us to even made by the Committee in the FY 1998 fund- is a bad set of rules and regulations add amendments to suggest that it is ing bill to ‘‘refrain from any further restric- that will only worsen the problem, not appropriate that we move forward with tions with regard to the development, pro- mulgation or issuance of an ergonomics make it better. Today let us disapprove the OSHA rules which protects these standard following fiscal year 1998.’’ of the work that the Labor Department workers all over America, waitresses June 2000—An amendment to strip the ergo did over the last 8 years, because it will and bus drivers and factory workers rider from the FY 2001 Labor-HHS Appro- not do what we all want to do, which is and small business workers who time H666 CONGRESSIONAL RECORD — HOUSE March 7, 2001 after time are injured and we cannot cart in a grocery store; pain so bad she years ago, they would never have come solve their problem. cannot even hug her children without up with these rules. I wonder what my good friend is ask- feeling that terrible hurt all over If these rules were so simple and ing for when he says he needs a study. again. straightforward, why were they not The January 2001 National Academy of The National Academy of Sciences brought forth during the legislative Sciences study once again concluded tells us workplace injuries like Shir- session? Why were they dropped on the that there is abundant scientific evi- ley’s are now so widespread that they table after the election when no Con- dence demonstrating that repetitive cost our economy more than $20 billion gress was in session? workplace motion can cause injuries a year, $20 billion a year. I am amazed they had time to do it and that such injuries can be prevented We have 1.8 million workers affected when they were walking out the door through work safety intervention. Did by an injury every year in this coun- with the furniture and the silverware, we not just hear Seattle, Washington, try. Over this 10-year period of study, but they dropped it on the table to be- say thank you for the instructions that we could have prevented 4.6 million come effective 2 days before a new you gave us on how to secure our build- workers from having to go through President was sworn in. ings against earthquakes? You saved what Shirley went through. They are not in effect now. They do lives. Now, Mr. Speaker, smart businesses not go into effect until October. So we But yet on the floor of this House we are working to reduce the risk of work- are not taking away something that are so committed to the rich interests place injuries but not every employer they already have. We have heard all of people who are saying it is going to is smart and not every employer cares kinds of things about numbers. cost us too much that the lives of about his or her employees. That is One person said it is going to cost $20 working Americans, it pains me, it why the Republican Secretary of billion a year and another $50 billion a hurts my heart, are of disinterest. But Labor, Elizabeth Dole, launched an ef- year. Documents show about $6 billion yet we can come on the floor tomorrow fort that led to these very rules that a year. But nobody has mentioned the and talk about returning tax dollars to we are considering and are in place and $125-billion-a-year cost on businesses. the great Americans of this Nation. are law today; and that was 10 years Nobody has concerned themselves with But it is hardworking Americans today ago. reshaping the workforce. that we just step on. I believe it is an More than six million workers have I do not doubt that repetitive motion outrage. As a member of the House suffered serious injury since; and many causes injuries. I do not dispute the Committee on Science, I have never of them, as I said, could have been pre- 600,000 people number. But should we heard anybody question the National vented. create an additional workers’ com- Academy of Sciences. Give us a study. Now, I want my colleagues to think pensation program on top of the We will take a study. These rules have about that when they vote today. I States’ programs for just these kinds of been coming for 25 years. Today we want them to think about the price injuries? Are they worse injuries than crush them in the name of my father that Shirley Mack and her brothers someone who loses an arm or a leg on and all Americans. This is a disgrace. and sisters who work in that chicken their job? Vote against the rule and vote plant and pull out those bones and feed Right now, a typical workers’ com- against this legislation. It is a dis- them into the skinner time after time, pensation package for businesses lasts grace. repetitively doing that, try to do this only 3 years and is rotated out because Mr. HALL of Ohio. Mr. Speaker, I for more than 5 or 10 minutes in a day. it is very expensive. Are we prepared yield the balance of my time to the I want them to think about other here with these regulations to double gentleman from Michigan (Mr. working mothers who cannot even use that cost on our employees and em- BONIOR), our leader, the minority whip. their hands and their arms to lift their ployers over the next few years? Mr. BONIOR. Mr. Speaker, I thank crying babies out of their crib. When Should we allow rules that presume in- my dear colleague the gentleman from they are thought about, I want my col- juries are work related? If the em- Ohio (Mr. HALL) for yielding me this leagues to ask themselves, who is going ployer wants to find out if it is truly time. to comfort those mothers and those work related, should we not question a Mr. Speaker, let me take a moment children? Because I can say, it will not rule that says it is against the law for to tell my colleagues about a woman be the Business Roundtable and it will the employer to talk to the doctor by the name of Shirley Mack. Shirley not be the Chamber of Commerce and about the work-related connection to is the mother of four and she is some- it will not be the National Association even determine? Should we demand a one who is proud of the fact that she of Manufacturers and it will not be the workplace design based on the claim of has always worked to support her chil- Republican leadership and it will not one person, with one injury that may dren. That is why she took a job at a be this President. or may not have been workplace re- poultry plant. Shirley’s job was to pull Mr. Speaker, this is the most impor- lated? chicken bones out with her hands and tant worker-safety rule that we have We are saying that common sense then feed them into a skinner machine. had on the floor of this House in dec- ought to prevail. If we carried this rul- She did this repetitively, hour after ades. It means a lot to a lot of people. ing to its ultimate conclusion, the hour, day after day, month after It means a lot to the people who work Coca-Cola truck driver would be bring- month, year after year. Before long, with their hands, who work with their ing the Coke bottles into the store one Shirley began suffering some very in- back, who make this country work bottle at a time. Who is going to pay tense pain in her arm and in her wrist. every single day. For us to go back on for that? The consumer, of course, will The company gave her some pills and these rules, to cast them aside, to ig- ultimately pay for all of this. sent her back to the line. The pills did nore them as if they were a piece of We are saying get these egregious, not help her. chicken is to do injustice to the people overreaching rules off the table and let that make this country work. I beg my an administration with just as much b 1200 colleagues today to vote to retain care about worker safety as anyone Finally, Shirley saw a trained physi- these rules, to vote against this else on this floor today impose some cian and found out her problem had a present rule and to give a sense of jus- rules that would be helpful and not name. It was called carpal tunnel syn- tice and dignity back to the working hurtful, and let us at least admit one drome. Her boss reassigned Shirley to people who make America work. thing. Workplace safety today, based do cleanup work; and then 3 days later, Mr. LINDER. Mr. Speaker, I yield on the initiatives of the employers, they fired her. This is not an uncom- myself such time as I may consume. without some bureaucrat telling them mon story to hear of a worker in a Mr. Speaker, I would just like to how to live their lives, is safer than it poultry plant. clear up a couple of things that have has ever been at any time in the his- The company took away Shirley’s been said. These rules that have been tory of this great country. They have job, but they never took away her pain; put in force are not Mr. Bush’s rules. done it because it is in their best inter- pain that was so bad she cannot fix Although they had the good sense to est. It is in their financial interest to supper or she cannot push a grocery begin worrying about ergonomics 10 improve the workplace safety because March 7, 2001 CONGRESSIONAL RECORD — HOUSE H667 it costs them money to have days out Pickering Schrock Terry b 1232 Pitts Sensenbrenner Thomas of work. Platts Sessions Thornberry Ms. BERKELEY and Mr. HONDA It is my guess that there is not a sin- Pombo Shadegg Thune changed their vote from ‘‘yea’’ to gle agency of the Federal Government Portman Shaw Tiahrt ‘‘nay.’’ that has workplace safety as safe, with Pryce (OH) Shays Tiberi Putnam Sherwood Toomey Mr. BOYD, Mr. LUCAS of Kentucky as few days lost, as virtually any major Quinn Shimkus Traficant and Mr. SANDLIN changed their vote corporation in the United States; and Radanovich Simmons Turner from ‘‘present’’ to ‘‘nay.’’ yet these are not going to be promul- Ramstad Simpson Upton Regula Skeen Vitter Mr. CARSON of Oklahoma and Mr. gated for this Federal Government. Rehberg Smith (MI) Walden TURNER changed their vote from They are not going to be watched over. Reynolds Smith (NJ) Wamp ‘‘present’’ to ‘‘yea.’’ Let us take the time to take this rule Riley Smith (TX) Watkins So the resolution was agreed to. off the table, give a new Secretary of Rogers (KY) Souder Watts (OK) Rogers (MI) Spence Weldon (FL) The result of the vote was announced Labor an opportunity to do the right Rohrabacher Stearns Weldon (PA) as above recorded. thing with common sense. Ros-Lehtinen Stump Weller A motion to reconsider was laid on Mr. Speaker, I yield back the balance Royce Sununu Whitfield Ryan (WI) Sweeney Wicker the table. of my time, and I move the previous Ryun (KS) Tancredo Wilson f question on the resolution. Saxton Tauzin Wolf The previous question was ordered. Scarborough Taylor (MS) Young (AK) PROVIDING FOR CONSIDERATION The SPEAKER pro tempore (Mr. Schaffer Taylor (NC) Young (FL) OF MOTIONS TO SUSPEND THE RULES SIMPSON). The question is on the reso- NAYS—198 lution. Abercrombie Hill Murtha Mrs. MYRICK. Mr. Speaker, by direc- The question was taken; and the Allen Hilliard Nadler tion of the Committee on Rules, I call Speaker pro tempore announced that Andrews Hinchey Napolitano up House Resolution 78 and ask for its Baca Hinojosa Neal the ayes appeared to have it. Baird Hoeffel Oberstar immediate consideration. Mr. HALL of Ohio. Mr. Speaker, I ob- Baldacci Holden Obey The Clerk read the resolution, as fol- ject to the vote on the ground that a Baldwin Holt Olver lows: quorum is not present and make the Barcia Honda Ortiz Barrett Hooley Owens H. RES. 78 point of order that a quorum is not Bentsen Hoyer Pallone Resolved, That it shall be in order at any present. Berkley Inslee Pascrell time on the legislative day of Wednesday, The SPEAKER pro tempore. Evi- Berman Israel Pastor March 7, 2001, for the Speaker to entertain Berry Jackson (IL) Payne motions that the House suspend the rules re- dently a quorum is not present. Blagojevich Jackson-Lee Pelosi The Sergeant at Arms will notify ab- Blumenauer (TX) Peterson (MN) lating to the following measures: sent Members. Bonior Jefferson Phelps (1) The concurrent resolution (H. Con. Res. 31) expressing the sense of the Congress re- The vote was taken by electronic de- Borski John Pomeroy Boswell Johnson, E. B. Price (NC) garding the importance of organ, tissue, vice, and there were—yeas 222, nays Boucher Jones (OH) Rahall bone marrow, and blood donation and sup- 198, not voting 12, as follows: Boyd Kanjorski Rangel porting National Donor Day; [Roll No. 29] Brady (PA) Kaptur Reyes (2) The bill (H.R. 624) to amend the Public Brown (FL) Kennedy (RI) Rivers YEAS—222 Brown (OH) Kildee Rodriguez Health Service Act to promote organ dona- Capps Kilpatrick Roemer tion; and Aderholt Doolittle Isakson (3) The concurrent resolution (H. Con. Res. Akin Dreier Issa Capuano Kind (WI) Ross Armey Duncan Istook Cardin Kleczka Rothman 47) honoring the 21 members of the National Bachus Dunn Jenkins Carson (IN) Kucinich Roybal-Allard Guard who were killed in the crash of a Na- Baker Ehlers Johnson (CT) Clay LaFalce Rush tional Guard aircraft on March 3, 2001, in Ballenger Ehrlich Johnson (IL) Clayton Lampson Sabo south-central Georgia. Barr Emerson Johnson, Sam Clement Langevin Sanchez Bartlett English Jones (NC) Clyburn Lantos Sandlin The SPEAKER pro tempore (Mr. Barton Everett Keller Condit Larsen (WA) Sawyer SIMPSON). The gentlewoman from Conyers Larson (CT) Schakowsky Bass Ferguson Kelly YRICK Costello Lee Schiff North Carolina (Mrs. M ) is recog- Bereuter Flake Kennedy (MN) nized for 1 hour. Biggert Fletcher Kerns Coyne Levin Scott Bilirakis Foley King (NY) Cramer Lewis (GA) Serrano Mrs. MYRICK. Mr. Speaker, for the Blunt Fossella Kingston Crowley Lipinski Sherman purpose of debate only, I yield the cus- Boehlert Frelinghuysen Kirk Cummings Lofgren Sisisky tomary 30 minutes to the gentleman Boehner Gallegly Knollenberg Davis (CA) Lowey Skelton Bonilla Ganske Kolbe Davis (FL) Lucas (KY) Slaughter from Texas (Mr. FROST) pending which Bono Gekas LaHood Davis (IL) Luther Smith (WA) I yield myself such time as I may con- Brady (TX) Gibbons Largent DeFazio Maloney (CT) Snyder sume. During consideration of this res- DeGette Maloney (NY) Solis Brown (SC) Gilchrest Latham olution, all time yielded is for the pur- Bryant Gillmor LaTourette Delahunt Markey Spratt Burr Gilman Leach DeLauro Mascara Stark pose of debate only. Burton Goode Lewis (KY) Deutsch Matheson Stenholm Yesterday, the Committee on Rules Buyer Goodlatte Linder Doggett Matsui Strickland met and passed this resolution, pro- Callahan Goss LoBiondo Dooley McCarthy (MO) Tanner Calvert Graham Lucas (OK) Doyle McCarthy (NY) Tauscher viding that it shall be in order at any Camp Granger Manzullo Engel McCollum Thompson (CA) time on the legislative day of Wednes- Cannon Graves McCrery Eshoo McDermott Thompson (MS) day, March 7, for the Speaker to enter- Etheridge McGovern Thurman Cantor Green (WI) McHugh tain motions to suspend the rules re- Capito Greenwood McInnis Evans McIntyre Tierney Carson (OK) Grucci McKeon Farr McKinney Towns lating to the following measures: The Castle Gutknecht Mica Fattah McNulty Udall (CO) concurrent resolution, H. Con. Res. 31, Chabot Hall (TX) Miller (FL) Filner Meehan Udall (NM) expressing the sense of Congress re- Chambliss Hansen Miller, Gary Ford Meek (FL) Velazquez Coble Hart Moran (KS) Frank Meeks (NY) Visclosky garding the importance of organ, tis- Collins Hastings (WA) Morella Frost Menendez Waters sue, bone marrow and blood donations Combest Hayes Myrick Gephardt Millender- Watt (NC) and supporting National Donor Day; Gonzalez McDonald Waxman Cooksey Hayworth Nethercutt the bill, H.R. 624, to amend the Public Cox Hefley Ney Gordon Miller, George Weiner Crane Herger Northup Green (TX) Mink Wexler Health Service Act to promote organ Crenshaw Hilleary Norwood Gutierrez Moakley Woolsey donation; and the concurrent resolu- Cubin Hobson Nussle Hall (OH) Mollohan Wu tion, H. Con. Res. 47, honoring the 21 Culberson Hoekstra Osborne Harman Moore Wynn Cunningham Horn Ose Hastings (FL) Moran (VA) members of the National Guard who Davis, Jo Ann Hostettler Otter were killed in the crash of a National NOT VOTING—12 Davis, Tom Houghton Oxley Guard aircraft on March 3, 2001 in Deal Hulshof Paul Ackerman Dingell Sanders south-central Georgia. DeLay Hunter Pence Becerra Edwards Shows DeMint Hutchinson Peterson (PA) Bishop Lewis (CA) Stupak Mr. Speaker, this resolution allows Diaz-Balart Hyde Petri Dicks Roukema Walsh us to consider three important bills H668 CONGRESSIONAL RECORD — HOUSE March 7, 2001 today under the expedited suspension lines in place to help the Members of EXPRESSING SENSE OF CONGRESS procedure. this body determine which priorities REGARDING IMPORTANCE OF I must stress we have had several are more important. ORGAN, TISSUE, BONE MARROW days to examine these bills, and they Is it cutting taxes a lot, some or not AND BLOOD DONATION AND SUP- have been on the floor schedule for at all? Is it paying down the national PORTING NATIONAL DONOR DAY some time and they are noncontrover- debt, which, I remind my colleagues, is Mr. BILIRAKIS. Mr. Speaker, I move sial. They are also important pieces of a debt that is collectively owed by all to suspend the rules and agree to the legislation. the people of our great Nation? concurrent resolution (H. Con. Res. 31) We recently celebrated National Is it funding education, improving expressing the sense of the Congress re- Donor Day to encourage people to be- our schools, reducing class size or fund- garding the importance of organ, tis- come organ donors. Today we will pass ing new teachers? Is it providing a real sue, bone marrow, and blood donation legislation to promote National Donor Medicare prescription drug benefit for and supporting National Donor Day. Day and help States organize their our seniors, shoring up Social Security The Clerk read as follows: organ donor programs. and Medicare or improving our na- H. CON. RES. 31 We will also honor, unfortunately, 21 tional defense forces? No one knows Whereas more than 70,000 individuals await members of the National Guard who the answer to those questions, Mr. organ transplants at any given moment; died last week in the line of duty. Speaker. Whereas another man, woman, or child is Mr. Speaker, I strongly support this Democrats in this House are very added to the national organ transplant wait- rule and urge my colleagues to do the concerned that the Republican major- ing list every 20 minutes; same. By passing this rule, we will im- ity seems to not be concerned in the Whereas despite the progress in the last 15 prove organ donation programs and least that we are blindly proceeding years, more than 15 people per day die be- hopefully save some more lives. cause of a shortage of donor organs; down a path we have been on once be- Whereas almost everyone is a potential Mr. Speaker, I reserve the balance of fore. organ, tissue, and blood donor; my time. Mr. Speaker, I would just remind my Whereas transplantation has become an Mr. FROST. Mr. Speaker, I yield my- colleagues, most of whom were not element of mainstream medicine that pro- self such time as I may consume. Members when we last considered a tax longs and enhances life; Mr. Speaker, Democrats have no ob- cut of these proportions, of the old Whereas for the fourth consecutive year, a jection to this rule, which will allow adage, the definition of insanity is re- coalition of health organizations is joining the consideration of three bills under peating the same actions and expecting forces for National Donor Day; Whereas the first three National Donor suspension today. Those bills include a different results. There are many of us concurrent resolution honoring the 21 Days raised a total of nearly 25,000 units of here who fear we will see the same re- blood, added over 4,000 potential donors to members of the Virginia National sults as we saw after the passage of the the National Marrow Donor Program Reg- Guard who were killed in a plane crash 1981 tax bill. istry, and distributed tens of thousands of on March 3. I know firsthand how im- Mr. Speaker, I support this rule, but organ and tissue pledge cards; portant the National Guard is to our Democrats on the Committee on Rules Whereas National Donor Day is America’s national defense, and the tragic and and in the Caucus at large want to go largest one-day organ, tissue, bone marrow, untimely death of these fine Americans on notice right now that we believe it and blood donation event; and Whereas a number of businesses, founda- is tribute to the dedication and selfless is imperative, if we are not to proceed service so many Americans make each tions, health organizations, and the Depart- in regular order in this body, that our ment of Health and Human Services have year through their service in the Na- Members be given a chance to be heard. designated February 10, 2001, as National tional Guard. All this talk of bipartisanship is mean- Donor Day: Now, therefore, be it The rule also permits the consider- ingless, Mr. Speaker, if there are no ac- Resolved by the House of Representatives (the ation of measures designed to promote tions behind the words. Senate concurring), That the Congress— organ donation, something Democrats Mr. Speaker, I reserve the balance of (1) supports the goals and ideas of National Donor Day; on the Committee on Rules know about my time. through the brave testimony of our (2) encourages all Americans to learn Mrs. MYRICK. Mr. Speaker, I yield about the importance of organ, tissue, bone ranking member, the gentleman from myself such time as I may consume. marrow, and blood donation and to discuss Massachusetts (Mr. MOAKLEY). Mr. Speaker, I would like to remind such donation with their families and However, Mr. Speaker, I must take a my colleagues that this rule is not friends; and moment to express our grave concerns about a tax cut. (3) requests that the President issue a about what may happen in the Com- Mr. Speaker, I reserve the balance of proclamation calling on the people of the mittee on Rules some time later today. my time. United States to conduct appropriate cere- I am referring to the rule the Com- Mr. FROST. Mr. Speaker, I yield monies, activities, and programs to dem- mittee on Rules may report on the tax onstrate support for organ, tissue, bone mar- back the balance of my time. row, and blood donation. bill and how whether the majority will Mrs. MYRICK. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- deny Democrats of all stripes the op- back the balance of my time, and I ant to the rule, the gentleman from portunity to offer alternatives to the move the previous question on the res- Florida (Mr. BILIRAKIS) and the gen- Republican tax bill. olution. tleman from Ohio (Mr. BROWN) each Mr. Speaker, we must object in the The previous question was ordered. strongest possible terms to any plans will control 20 minutes. The resolution was agreed to. The Chair recognizes the gentleman the majority may have to cut off the A motion to reconsider was laid on from Florida (Mr. BILIRAKIS). ability of Members to offer one or more the table. substitutes to this bill. GENERAL LEAVE f Mr. BILIRAKIS. Mr. Speaker, I ask Mr. Speaker, not only are we going unanimous consent that all Members to consider a tax bill of huge propor- ANNOUNCEMENT BY THE SPEAKER may have 5 legislative days within tion and consequences without the PRO TEMPORE which to revise and extend their re- ability to offer alternatives, we are The SPEAKER pro tempore. Pursu- marks and insert extraneous material ant to clause 8 of rule XX, the Chair going to consider it without the benefit on H. Con. Res. 31. of having debated a budget which announces that he will postpone fur- The SPEAKER pro tempore. Is there would place this tax cut in context ther proceedings today on each motion objection to the request of the gen- with the other matters this govern- to suspend the rules on which a re- tleman from Florida? ment funds. corded vote or the yeas and nays are There was no objection. We are going to consider a tax cut ordered, or on which the vote is ob- Mr. BILIRAKIS. Mr. Speaker, I yield without fully understanding what its jected to under clause 6 of rule XX. myself such time as I may consume. implications are on the rest of the Fed- Any record votes on postponed ques- Mr. Speaker, I urge my colleagues to eral budget. So not only have we not tions will be taken after debate has support H. Con. Res. 31, a resolution re- received a budget from the new Presi- concluded on all motions to suspend garding the importance of organ, tis- dent, we have no congressional guide- the rules. sue, bone marrow and blood donation March 7, 2001 CONGRESSIONAL RECORD — HOUSE H669 and supporting National Donor Day. I woman from Florida (Mrs. THURMAN) cuss the importance of donation with want to commend my colleague, the makes Congress a leader in this aware- their families now in a non-crisis at- gentlewoman from Florida (Mrs. THUR- ness campaign. mosphere so if the question arises, all MAN), for her work on this legislation. Mr. Speaker, I am pleased to be a co- members of the family will remember Mr. Speaker, H. Con. Res. 31 recog- sponsor. having made the decision to give the nizes the critical need for increased Mr. Speaker, I reserve the balance of gift of life. organ donation and acknowledges the my time. Mr. Speaker, this resolution encour- success of past National Donor Days. Mr. BILIRAKIS. Mr. Speaker, I yield ages all Americans to learn about the The resolution expresses congressional such time as she may consume to the importance of organ, tissue, bone mar- support for the goals and ideas of Na- gentlewoman from Maryland (Mrs. row and blood donation and to discuss tional Donor Day, and it encourages all MORELLA). such donations with their families and Americans to learn about the impor- Mrs. MORELLA. Mr. Speaker, I friends. I heartily support it. tance of organ, tissue, bone marrow thank the gentleman from Florida (Mr. and blood donation. BILIRAKIS) for yielding the time to me. Mr. Speaker, I want to just jump I am pleased that the Health and Mr. Speaker, I want to add my strong ahead and stress my strong support for Human Services Secretary, Tommy support to H. Con. Res. 31, a sense of a bill that is coming up, H.R. 624, the Thompson, has recognized the serious the Congress resolution supporting Na- Organ Donation Improvement Act, nature of this growing problem and tional Donor Day. which would direct the Secretary of stated that improving organ donation I want to congratulate the gentle- Health and Human Services to carry is a priority for his first 100 days in of- woman from Florida (Mrs. THURMAN), out a program to educate the public fice. Secretary Thompson has indicated my colleague who introduced this, and with respect to organ donation; in par- that he will focus on ways to signifi- I want to congratulate the gentleman ticular, the need for additional organs cantly increase organ donation in our from Florida (Mr. BILIRAKIS) and the for transplantation. The measure spe- country. gentleman from Ohio (Mr. BROWN), who cifically recognizes the very generous Mr. Speaker, we know that measures brought it forward to the House. contribution made by each living indi- such as the resolution before us will Every family hopes that if one of its vidual who has donated an organ to help the Secretary in his efforts. In ad- members becomes seriously ill, medical save a life. It also acknowledges the ad- dition, we can all participate in efforts science will be able to provide a mir- vances in medical technology that have to promote organ donation in our own acle and restore their loved ones to a enabled transplantation of organs do- communities. By working together to healthy and rewarding life. Medical nated by living individuals to become a increase organ donation, we can help science has been able to do exactly viable treatment option for an increas- save thousands of lives. I urge all Mem- that over the past decade for hundreds ing number of patients. bers to join me in supporting passage of thousands of families with loved I know in this Congress we have had of H. Con. Res. 31. ones suffering from diseases and inju- several Members who have benefited Mr. Speaker, I would like to ac- ries that affect the heart, the kidney, from organ transplants. Mr. Speaker, knowledge the help of the gentleman pancreas, lungs, liver or tissue. with the passage of this legislation from Ohio (Mr. BROWN), my ranking Transplantation of organs and tis- that will follow, this may well be the member, in this resolution. sues has become one of the most re- first day of someone’s life, and let Con- Mr. Speaker, I reserve the balance of markable success stories in medicine, gress vote for the future. my time. now giving tens of thousands of des- I must thank my colleagues who Mr. BROWN of Ohio. Mr. Speaker, I perately ill Americans each year a new have worked so very hard on this and yield myself such time as I may con- chance at life. all of the other medical issues, the gen- sume. But sadly, this medical miracle is not tleman from Florida (Mr. BILIRAKIS) Mr. Speaker, I am pleased to be a co- yet available to all in need. Waiting and the gentleman from Ohio (Mr. sponsor of this resolution and the lists are growing more rapidly than the BROWN), and all of my colleagues who Organ Donation Improvement Act, number of organs and tissues that are have contributed their commitment, which we will also take up today. being donated. There are more than I commend first and, most impor- their time and energy towards this leg- 70,000 individuals awaiting organ trans- islation. tantly, the gentlewoman from Florida plants at any given moment, and de- (Mrs. THURMAN) for her good work on spite the fact that almost every one Mr. BROWN of Ohio. Mr. Speaker, I this, as well as the gentleman from who is a potential donor, more than 10 yield 7 minutes to the gentlewoman Florida (Mr. BILIRAKIS), and the gen- people each day die because of a short- from Florida (Mrs. THURMAN), the spon- tleman from Wisconsin (Mr. BARRETT) age of donor organs. sor of this resolution. highlighting the substantial unmet Currently, 2,566 men, women and Mrs. THURMAN. Mr. Speaker, I need for donated organs. children from the greater metropolitan thank the gentleman from Ohio (Mr. This resolution highlights the need area are on waiting lists hoping for an BROWN), whose subcommittee has been not only for organ donation, but for organ to become available. That is an a leader in this area; and I certainly tissue, blood and bone marrow dona- increase of 108 over the previous year. thank the chairman, the gentleman tions as well. Many of these residents have been from Florida (Mr. BILIRAKIS), a col- There are 1,298 patients currently waiting for years, and the wait is grow- league of mine from Florida, who joins waiting for organs at northeast Ohio ing longer. me in districts. We recognize the con- hospitals in my part of Ohio; 800 pa- Every 2 hours one of the more than cern and the interest in this issue not tients waiting for a kidney, 140 pa- 60,000 Americans now on waiting lists only in our districts, but in and around tients for a heart, 60 patients waiting dies for lack of an available organ. And the country. for a lung. even when individuals have indicated a A single donor can provide organs Mr. Speaker, I also appreciate the desire to be a donor, statistics show statement of the gentlewoman from and tissue to more than 50 people in that those wishes go unfulfilled more Maryland (Mrs. MORELLA). It is good to need. than half the time. March is Red Cross Month and the see my colleagues from Ohio, Mary- spotlight on this organization could b 1245 land, Florida, along with the gen- not, Mr. Speaker, be more timely. Two important points I think could tleman from Wisconsin (Mr. BARRETT). Despite 6.3 million units of blood col- well be made, and that is the final deci- This is a national issue. lected from 4 million generous donors sion on whether or not to donate or- I would like to take just a moment in the year 2000, blood supplies are at a gans and tissue is always made by sur- first of all, though, to recognize a col- record low across our country. Aware- viving family members. Checking the league of ours, the gentleman from ness is the first critical step in address- organ donation box on a driver’s li- Massachusetts (Mr. MOAKLEY). His ing the country’s life-saving donation cense does not guarantee organ and tis- story is touching. He has dedicated his needs. The resolution of the gentle- sue donation. Individuals should dis- life to serving the people of Boston. He H670 CONGRESSIONAL RECORD — HOUSE March 7, 2001 was not deterred from service 6 years gether to increase awareness about the Every 14 minutes, another name is ago when he needed, among other importance of organ and tissue dona- added to the national transplant wait- things, a liver transplant. He was not tion. I ask my colleagues to join in ing list. An average of 16 people die deterred when his family was under- passing H. Con. Res. 31, a resolution each day from the lack of available or- going a crisis. Now he is forced to face that recognizes and supports National gans for transplant. another crisis, and again he will con- Donor Day. In 1999, there were 5,843 organ donors tinue his public service. When the gen- National Donor Day is organized by resulting in 21,990 organ transplants. tleman from Massachusetts was told by Saturn and the United Auto Workers Less than one-third, about 20,000, re- his doctor to take off time to do some- along with a number of organ founda- ceive transplants each year. While the thing he enjoys, his response was in- tions, health organizations, and the number of donors rose in 1998 to nearly spiring to all of us. He said, ‘‘Doctor, I Department of Health and Human 5,800, with about three organs recov- am doing what I enjoy doing. There is Services. ered from each donor, it still falls nothing else I would rather do.’’ They have established February 10, short, Mr. Speaker, short of the sub- And it was the gift of an organ and 2001 as the day. This day is dedicated stantial and growing need. utter determination that have allowed to educating people about the five the gentleman from Massachusetts to points of life: whole and blood plate- Today, I have two nephews who are lead the life that he is leading. lets, organs and tissue, bone marrow, undergoing surgery for the trans- Mr. Speaker, organ donation falls and cord blood. planting of kidneys, Lamont and into the category of things that one Last month, this coalition joined Galan. We wish them the very best as never thinks will affect you, your forces for the fourth time to bring us they undergo this very important un- friends, your neighbors or your family. together for a National Donor Day. dertaking. It happens to other people. In this Con- This is America’s largest one-day dona- I say to my colleagues today that gress alone there are several Members tion event held just before Valentine’s there is an important need for organ who have undergone successful organ Day. The first three donor days raised donations, one that will help the sur- transplants, and we are thankful that a total of 25,000 units of blood, added vival of families. Lives are saved be- these fine people are with us today. over 4,000 potential donors to the Na- cause of the generosity of those who The gentleman from Massachusetts tional Marrow Donor Registry and dis- donate their organs. I strongly support (Mr. MOAKLEY) and the gentleman from tributed tens of thousands of organ and this resolution and urge my friends to South Carolina (Mr. SPENCE) are two of tissue pledge cards. do so as well. the lucky ones. You and I, your friends and families Mrs. CHRISTENSEN. Mr. Speaker, I sup- My husband, John, was also one of can participate in this historic event port H. Con. Res. 31, which expresses the the lucky ones. His successful trans- by giving blood or pledging to give sense of the House of the importance of plant not only gave John a new lease blood, volunteering with the National organ, tissue, bone marrow, and blood dona- on life, but it has also given my chil- Marrow Donor Program, filling out tion. In an age of unprecedented scientific ad- dren back a father and me a loving hus- donor and tissue donation pledge cards vances in medical and behavioral sciences, it band. and agreeing to discuss the decision is important that we utilize every means at our Mr. Speaker, we are not alone. Four- with family members. disposal to save human lives. year-old Hannah Jones from Gaines- I would also like to take a moment ville, Florida, received the gift of life to thank those people and groups of the Each year organ donations save lives— through donated umbilical cord blood. Fifth District of Florida, including the thousands of lives; and scientific surveys indi- Without this gift, Hannah would not Saturn car dealership in Gainesville cate that Americans overwhelmingly support have survived her bout with leukemia. owned by Mr. Roland Daniels; along organ donation. Despite this fact, the same Every year thousands of Americans with LifeSouth Community Blood Cen- surveys indicate that Americans are reluctant wait on the organ donation list, and ters, also in Gainesville; and other to donate their organs. This is particularly true they are dependent on those kind groups and individuals for pulling to- among people of color, and even more so for enough to give and those who are gether to host a donation event on Na- all groups with regard to the donation of bone aware that there is a need. tional Donor Day. marrow. Transplantation is extremely suc- I urge everyone to talk to their Interestingly, the major reason for which re- cessful, and people can live productive friends and families about the impor- spondents indicate reluctance to donate their lives with a transplanted organ. How- tance of organ donation and to let oth- organs is that they have not given the issue ever, because of this technology, even ers know about this year’s National much thought. Herein lies our opportunity to more people have been added to the na- Organ Donor Day. do some good. We must support efforts to tional waiting list. Sadly, the number While this day has already come and educate our constituencies about the neces- of donors has not grown as fast as the gone, every day holds the promise of sity of organ, tissue, and bone marrow dona- number of people waiting for organs. life for the thousands of people who tion, and the good that these gifts can do. Be- Even with the growing number of await organ transplants like the one 4- cause gifts are indeed what they are. transplants performed on average, year-old Hannah Jones received. Just as we use the most modern tools med- there is an increase in the number of Please support this resolution. ical science has provided to successfully patients on the national waiting list Mr. BILIRAKIS. Mr. Speaker, I re- transplant donated organs and tissue, we every day. serve the balance of my time. must use the tools behavioral science has pro- Today there are more than 70,000 peo- Mr. BROWN of Ohio. Mr. Speaker, I vided us to change the attitudes of Americans ple waiting for organ transplants and yield 3 minutes to the gentlewoman about the necessity of this medical proce- at least 15 people die each day while from California (Ms. MILLENDER- dure—a procedure which saves the lives of waiting for an organ. In simple terms, MCDONALD) who has a very interesting more than 50,000 Americans each year. The the biggest problem facing transplant and wonderful story to tell. lives of many Americans hang in the balance. patients is the shortage of organs. One Ms. MILLENDER-MCDONALD. Mr. way that we can help address this Speaker, I would like to thank both H. Con. Res. 31 is a good start in this re- health care crisis is to talk to our the chairman and the ranking member gard, and I urge my colleagues to support its friends and families about the impor- for their support on this resolution. passage. tance of organ and tissue donation; and Today I rise in strong support of H. Mr. UNDERWOOD. Mr. Speaker, in Asian- do not forget to let those friends and Con. Res. 31, which expresses the sense Pacific American communities throughout the family know at the hospital what it of Congress regarding the importance nation, parents are known to overrule deci- means and why you have chosen to of organ, tissue, bone marrow, and sions of their children, even if their children give an organ because it can be a prob- blood donation and supports a National are grown adults with families of their own. lem if you do not. Donor Day. That cultural norm compounded with cultural Mr. Speaker, I stand before you Currently about 73,000 patients na- and religious stigma surrounding tissue or today to ask my colleagues and others tionwide await organ transplants, and organ donations and the complexities of East- for their help. We need to work to- some 12 die each day while waiting. ern versus Western values and medicine March 7, 2001 CONGRESSIONAL RECORD — HOUSE H671 makes it difficult for families to accept the de- an organ transplant. Unfortunately, so many blood donation. We also need to put more re- cisions of individual family members who wish others across this country will not have that sources into programs with similar goals to to be donors. Even with a living will provided opportunity. take steps toward making each day a national by a donor, the final decision of whether to Mr. Speaker, while 20,000 people will re- donor day. make a donation is made by the surviving ceive a transplant this year, another 40,000 I urge President Bush to join us in these ef- family. Thus, the need for such public aware- that desperately need an organ will not. That forts to encourage people to give the gift of ness and outreach activities is a vital compo- gives me, and I hope all of my colleagues, a life, and I urge my colleagues to support this nent of raising the potential matching success great desire to work to raise awareness about resolution. for those thousands of patients waiting for organ donation, and improve the procedures Mr. UNDERWOOD. Mr. Speaker, I speak transplants and encouraging the recruitment of for obtaining a transplant. today in full support of House Concurrent Res- new donors. Mr. Speaker, if there ever was a time or olution 31, which expresses the importance of At any given day of the year, there are be- issue where government should and can act— organ, tissue, bone marrow, and blood dona- tween 1,000 and 2,000 patients awaiting this is that issue. tions and celebrates National Donor Day. I organ or tissue transplants throughout the na- We can literally save lives by improving the would also like to take this opportunity to tion. Of the 30,000 individuals that are diag- structure of organ donation across the country. thank my colleague, Congresswoman KAREN nosed with leukemia each year, 6 percent of We can make it easier for families to make the THURMAN of Florida, for her continued leader- these are of Asian-Pacific American ancestry. choice of donating an organ, we can make ship and sponsorship of this resolution. The slim probabilities of finding a perfect transplant surgery more accessible to all The need for blood, bone marrow, organ match for many of these patients are often Americans and we can teach everyone that and tissue donation grows each year. So, do bleak. their courageous choice will give another the concerns regarding access to these sup- Just 10 years ago, the possibility of finding human being the greatest gift of all—the gift of plies, which are of a particular concern to rural a match in the National Marrow Donor Pro- life. areas such as Guam. Guam’s distance from gram (NMDP) was virtually nonexistent with Mr. Speaker, I would like to mention that the states and geographical isolation forces only 123 Asian Pacific American donors listed this House will also be taking up a bill today hospitals to become almost solely dependent on the National Registry. As of December 3, offered by Mr. BILIRAKIS and Mr. BARRETT, on the local population to supply its demand 2001, there were 257,000 donors of Asian-Pa- H.R. 624, and I want to lend my strong sup- for donations. With the anticipated closing of the Naval cific American ancestry out of 4.2 million cur- port for that legislation as well. Mr. BILIRAKIS’ Hospital Blood Bank, the Blood Bank in the rently registered in the NMDP. Although the and Mr. BARRETT’S bill will direct the Secretary Guam Memorial Hospital, the only civilian hos- radically increased numbers represent a de- of Health and Human Services to carry out a pital on the island, will become the sole pro- gree of success, only 25 percent of those program to educate the public on organ dona- vider of blood products on the island. There- needing a bone marrow transplant are unable tion and it will provide funding for travel ex- fore, it is critical to ensure that supplies of to find a perfect donor. With the estimated at- penses of individuals making a living donation local blood products, including packed red trition of 10 percent of potential donors from of an organ. blood cells, plasma and platelets, are regularly the NMDP each year, the need to keep fo- The bill will also provide assistance to states replenished and that the supply is enough to cused on recruitment and retention of donors to improve donor registries, and make those meet the needs in the event of a disaster or in the program is critical to its continued suc- important registries available to hospitals and cess. emergency situation. donor organizations. These are excellent Local blood donations ensure the ready The continued support of Congress to im- measures that will strengthen organ donation prove upon the program it created in the Na- availability of certain blood products, which are and I urge the House to pass H.R. 624 when difficult to obtain from off-island vendors or tional Organ Transplant Act of 1984 is critical we consider that legislation later today. to the continued success of national programs providers. Local donations ensure the avail- Mr. Speaker, as I said, I am among the ability of all blood products for patient care in such as the Organ Procurement and Trans- lucky individuals to have been given the gift of plantation Network and the National Marrow the event of increased emergency usage. This life through an organ transplant. allows Guam Memorial Hospital to increase Donor Program. I hope we can join together in this nation to Therefore, I urge my fellow colleagues to the provision of certain procedures and serv- give many, many more Americans that same join in the support of this critical legislation ices for patients locally, rather than having to gift. which serves the needs of every American cit- medically evacuate patients to Hawaii or the Mr. STARK. Mr. Speaker, I rise to join my izen of this nation, from the 50 states to the continental United States for these types of colleague from the Ways and Means Com- 5 territories. Furthermore, I would like to ex- procedures. mittee, Representative KAREN THURMAN, in tend my appreciation to Mr. BILIRAKIS for intro- In observance of Blood Donor Month in support of this resolution that extends the ducing this legislation which addresses the Guam, I donated two pints of blood at the message that Congress supports the goals of particular needs and improves this important Guam Memorial Hospital Blood Bank. The National Donor Day and urges the President program. staff at the Blood Bank were kind enough to Mr. MOAKLEY. Mr. Speaker, I am proud to to issue a proclamation calling on the nation to make me feel comfortable during the 45 min- rise today in support of H. Con. Res. 31, a conduct appropriation activities and programs utes it took for the blood to be drawn. At this resolution honoring National Donor Day, and to support increased organ donation. time, I would like to extend my thanks to I’d like to thank Congresswoman THURMAN for February 10, 2001 was the fourth National Glendalyn Pangelinan, the Blood Bank super- bringing this issue to the Congress’ attention. Donor Day organized by Saturn and the visor; Victoria Pangelinan, the Blood Donation Mr. Speaker, as many of my colleagues United Auto Workers. To date, the successful recruiter; and the Blood Bank technicians, know, I received a liver transplant nearly 6 efforts of the groups involved have resulted in Wilma Nisperos, Priscilla Quinata, Charlotte years ago. Without that transplant, I would not over 4,000 potential donors being added to Mier, and Lois Santa Cruz, who assisted me have lived more than a few months. These the National Marrow Donor Program Registry, during the whole experience. last 6 years have been some of the best years over 25,000 units of blood being collected, Because of Guam’s unique geographic situ- of my life—and for that and so much more, I and tens of thousands of organ and tissue ation, it is a continual challenge to ensure that am deeply grateful. I am deeply grateful to the pledge cards being distributed. an adequate amount of safe blood products family—who I will never know—who coura- Last year’s events included an emphasis on are constantly available. An active blood dona- geously decided to donate their loved ones’ the disproportionally high need for minority do- tion program is critical in keeping the commu- organs so that someone like me would have nors. Recipients often need an organ from a nity continually educated and aware of this a second chance. donor of the same ethnicity, and organ dona- vital need. I am deeply grateful to the doctors and tion among minorities has historically been Although organ, tissue, and bone marrow nurses who performed my operation, so pro- lower than the rest of the population, making transplantation is not a common procedure in fessionally and so successfully. minorities less likely to find a matching donor. Guam as it is in larger metropolitan areas of And I am deeply grateful to the scientists We need to continue such efforts to reach out the country, the need is still great as heart dis- and researchers who have worked so hard to to minorities and encourage them to become ease and diabetes are among the leading develop the techniques and procedures that donors. causes of death on the island. In fact, heart are giving so many people a better, longer, There are still over 70,000 people on the disease ranks as the number one killer, while and healthier life. transplant waiting list. We need to reempha- diabetes ranks very close to the top and af- I stand here today as one of the lucky peo- size our commitment to the National Donor fects Chamorros at 5 times the national aver- ple that was given the opportunity to receive Day and the importance of organ, tissue, and age. H672 CONGRESSIONAL RECORD — HOUSE March 7, 2001 The impact of higher costs and greater dis- that the Federal Government should carry which payment would have been made if tances between Guam and the nearest major out programs to educate the public with re- such area had been the covered vicinity for metropolitan hospital in Honolulu, approxi- spect to organ donation, including the need the intended recipient, taking into account to provide for an adequate rate of such dona- the costs of travel and regional differences in mately 3,500 miles or 7 hours by plane, is a tions. the costs of living. vital concern when it comes to health care for (b) FAMILY DISCUSSIONS OF ORGAN DONA- ‘‘(2) COVERED VICINITY.—For purposes of U.S. citizens on Guam. Some of Guam’s pa- TIONS.—The Congress recognizes the impor- this section, the term ‘covered vicinity’, tients are medically evacuated to larger metro- tance of families pledging to each other to with respect to an intended recipient of an politan health care centers in Honolulu and share their lives as organ and tissue donors organ from a donating individual, means the Los Angeles for these procedures. Other and acknowledges the importance of dis- vicinity of the nearest transplant center to times, the organ and tissue donations are cussing organ and tissue donation as a fam- the residence of the intended recipient that transported to Guam for transplantation. So, ily. regularly performs transplants of that type (c) LIVING DONATIONS OF ORGANS.—The of organ. the access to organ and tissue donation is a Congress— ‘‘(d) RELATIONSHIP TO PAYMENTS UNDER critical component of whether a patient lives or (1) recognizes the generous contribution OTHER PROGRAMS.—An award may be made dies. made by each living individual who has do- under subsection (a) only if the applicant in- Although donations of organs, tissue and nated an organ to save a life; and volved agrees that the award will not be ex- bone marrow are not as frequent as donations (2) acknowledges the advances in medical pended to pay the qualifying expenses of a of blood products, the needs are the same, technology that have enabled organ trans- donating individual to the extent that pay- only the distance and costs to accessing these plantation with organs donated by living in- ment has been made, or can reasonably be products are much greater. The continued dividuals to become a viable treatment op- expected to be made, with respect to such ex- tion for an increasing number of patients. penses— support of Congress in these efforts to im- SEC. 3. PAYMENT OF TRAVEL AND SUBSISTENCE ‘‘(1) under any State compensation pro- prove access and public awareness of the im- EXPENSES INCURRED TOWARD LIV- gram, under an insurance policy, or under portance of organ, tissue, bone marrow and ING ORGAN DONATION. any Federal or State health benefits pro- blood donations is critical to meeting the Section 377 of the Public Health Service gram; or needs of those 70,000 individuals who are Act (42 U.S.C. 274f) is amended to read as fol- ‘‘(2) by an entity that provides health serv- waiting for organ transplants at any given mo- lows: ices on a prepaid basis. ment, for car crash victims in need of a ready ‘‘PAYMENT OF TRAVEL AND SUBSISTENCE EX- ‘‘(e) DEFINITIONS.—For purposes of this sec- supply of blood, and for patients afflicted with PENSES INCURRED TOWARD LIVING ORGAN DO- tion: NATION ‘‘(1) The term ‘covered vicinity’ has the leukemia in need of a bone marrow transplant meaning given such term in subsection (c)(2). ‘‘SEC. 377. (a) IN GENERAL.—The Secretary just to survive. ‘‘(2) The term ‘donating individuals’ has Therefore, today I rise in strong support of may make awards of grants or contracts to States, transplant centers, qualified organ the meaning indicated for such term in sub- this resolution and encourage all Americans, procurement organizations under section 371, section (a)(1), subject to subsection (b)(2)(A). whether they live in the 50 states or the 5 ter- or other public or private entities for the ‘‘(3) The term ‘qualifying expenses’ means ritories to make a donation of blood to their purpose of— the expenses authorized for purposes of sub- local blood bank, sign up as an organ donor ‘‘(1) providing for the payment of travel section (a), subject to subsection (b)(2)(B). ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and subsistence expenses incurred by individ- at their nearest Division of Motor Vehicles, For the purpose of carrying out this section, uals toward making living donations of their and register at the nearest Bone Marrow Reg- there is authorized to be appropriated organs (in this section referred as ‘donating istry Center in the area. Your donation is vital $5,000,000 for each of the fiscal years 2002 individuals’); and and may help save a life some day. through 2006.’’. Mr. BILIRAKIS. Mr. Speaker, I yield ‘‘(2) in addition, providing for the payment of such incidental nonmedical expenses that SEC. 4. PUBLIC AWARENESS; STUDIES AND DEM- ONSTRATIONS. back the balance of my time. are so incurred as the Secretary determines Part H of title III of the Public Health Mr. BROWN of Ohio. Mr. Speaker, I by regulation to be appropriate. Service Act (42 U.S.C. 273 et seq.) is amended yield back the balance of my time. ‘‘(b) ELIGIBILITY.— by inserting after section 377 the following The SPEAKER pro tempore (Mr. ‘‘(1) IN GENERAL.—Payments under sub- section: SIMPSON). The question is on the mo- section (a) may be made for the qualifying tion offered by the gentleman from expenses of a donating individual only if— ‘‘PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS Florida (Mr. BILIRAKIS) that the House ‘‘(A) the State in which the donating indi- ‘‘SEC. 377A. (a) PUBLIC AWARENESS.—The suspend the rules and agree to the con- vidual resides is a different State than the State in which the intended recipient of the Secretary shall (directly or through grants current resolution, H. Con. Res. 31. organ resides; and or contracts) carry out a program to educate The question was taken. ‘‘(B) the annual income of the intended re- the public with respect to organ donation, The SPEAKER pro tempore. In the cipient of the organ does not exceed $35,000 including the need to provide for an adequate opinion of the Chair, two-thirds of (as adjusted for fiscal year 2002 and subse- rate of such donations. those present have voted in the affirm- quent fiscal years to offset the effects of in- ‘‘(b) STUDIES AND DEMONSTRATIONS.—The ative. flation occurring after the beginning of fis- Secretary may make grants to public and Mr. BILIRAKIS. Mr. Speaker, on cal year 2001). nonprofit private entities for the purpose of ‘‘(2) CERTAIN CIRCUMSTANCES.—Subject to carrying out studies and demonstration that I demand the yeas and nays. projects with respect to providing for an ade- The yeas and nays were ordered. paragraph (1), the Secretary may in carrying out subsection (a) provide as follows: quate rate of organ donation. The SPEAKER pro tempore. Pursu- ‘‘(A) The Secretary may consider the term ‘‘(c) GRANTS TO STATES.—The Secretary ant to clause 8 of rule XX and the ‘donating individuals’ as including individ- may make grants to States for the purpose Chair’s prior announcement, further uals who in good faith incur qualifying ex- of assisting States in carrying out organ proceedings on this motion will be penses toward the intended donation of an donor awareness, public education and out- postponed. organ but with respect to whom, for such reach activities and programs designed to in- crease the number of organ donors within f reasons as the Secretary determines to be appropriate, no donation of the organ occurs. the State, including living donors. To be eli- ORGAN DONATION IMPROVEMENT ‘‘(B) The Secretary may consider the term gible, each State shall— ACT OF 2001 ‘qualifying expenses’ as including the ex- ‘‘(1) submit an application to the Depart- penses of having one or more family mem- ment in the form prescribed; Mr. BILIRAKIS. Mr. Speaker, I move bers of donating individuals accompany the ‘‘(2) establish yearly benchmarks for im- to suspend the rules and pass the bill donating individuals for purposes of sub- provement in organ donation rates in the (H.R. 624) to amend the Public Health section (a) (subject to making payment for State; Service Act to promote organ dona- only such types of expenses as are paid for ‘‘(3) develop, enhance or expand a State tion, as amended. donating individuals). donor registry, which shall be available to The Clerk read as follows: ‘‘(c) LIMITATION ON AMOUNT OF PAYMENT.— hospitals, organ procurement organizations, and other States upon a search request; and H.R. 624 ‘‘(1) IN GENERAL.—With respect to the geo- graphic area to which a donating individual ‘‘(4) report to the Secretary on an annual SECTION 1. SHORT TITLE. travels for purposes of subsection (a), if such basis a description and assessment of the This Act may be cited as the ‘‘Organ Dona- area is other than the covered vicinity for State’s use of these grant funds, accom- tion Improvement Act of 2001’’. the intended recipient of the organ, the panied by an assessment of initiatives for po- SEC. 2. SENSE OF CONGRESS. amount of qualifying expenses for which pay- tential replication in other States. (a) PUBLIC AWARENESS OF NEED FOR ORGAN ments under such subsection are made may Funds may be used by the State or in part- DONATION.—It is the sense of the Congress not exceed the amount of such expenses for nership with other public agencies or private March 7, 2001 CONGRESSIONAL RECORD — HOUSE H673 sector institutions for education and aware- very controversial; and as a result of Mr. BROWN of Ohio. Mr. Speaker, I ness efforts, information dissemination, ac- that, the legislation was not able to yield myself such time as I may con- tivities pertaining to the State organ donor move. sume. registry, and other innovative donation spe- What we have done in this legislation Mr. Speaker, this bill complements cific initiatives, including living donation. in a bipartisan basis was to pull out all ‘‘(d) ANNUAL REPORT TO CONGRESS.—The the resolution we just considered, and I Secretary shall annually submit to the Con- of the noncontroversial very, very sig- would again like to thank the gen- nificant areas of that legislation and gress a report on the activities carried out tleman from Wisconsin (Mr. BARRETT), put them into this and left out com- under this section, including provisions de- the gentleman from Florida (Mr. BILI- scribing the extent to which the activities pletely the allocation procedures, RAKIS), and the gentlewoman from have affected the rate of organ donation. which were controversial. I think that Florida (Mrs. THURMAN) for their work ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— is very important that all of the Mem- on this legislation. ‘‘(1) IN GENERAL.—For the purpose of car- bers realize that this is a different rying out this section, there are authorized piece of legislation with no controver- In 1999, nearly 75,000 people were on to be appropriated $15,000,000 for fiscal year waiting lists for organ transplants; yet 2002, and such sums as may be necessary for sial areas at all. less than 22,000 of these 75,000 received each of the fiscal years 2003 through 2006. b 1300 Such authorization of appropriations is in transplants. Nearly 12 people die every addition to any other authorizations of ap- Continuing, Mr. Speaker, nationwide day while waiting for a transplant. The propriations that is available for such pur- we do not have enough organs for pa- question is how do we identify and how pose. tients who need a transplant. During do we remove barriers to donation, nar- ‘‘(2) STUDIES AND DEMONSTRATIONS.—Of the the 1990s, the number of patients wait- rowing the significant gap between amounts appropriated under paragraph (1) ing for organ transplants rose more transplant candidates and available or- for a fiscal year, the Secretary may not obli- than five times as fast as the number gans? gate more than $2,000,000 for carrying out of transplant operations. In 1999, more Public awareness is part of the prob- subsection (b).’’. than 20,000 transplants were performed, SEC. 5. EFFECTIVE DATE. but the transplant waiting list exceed- lem. Providing assistance to living The amendments made by this Act take ef- ed 70,000 patients. As a result, more organ donors is another step. H.R. 624 fect on the date of the enactment of this Act. than 50,000 patients did not receive the would set both of these strategies in The SPEAKER pro tempore. Pursu- transplants they needed. motion. The authors have been clear. ant to the rule, the gentleman from With modern technology and the suc- This bill is not an exhaustive response Florida (Mr. BILIRAKIS) and the gen- cess of organ transplants, many of to the donor organ shortfall. This bill, tleman from Ohio (Mr. BROWN) each these deaths are preventable. Unfortu- however, to its credit, is a starting will control 20 minutes. nately, despite the generosity and self- point in implementing good ideas and The Chair recognizes the gentleman sacrifice of thousands of donors who in signaling congressional interest in from Florida (Mr. BILIRAKIS). have given an organ to a patient in an issue significant to all of us. GENERAL LEAVE need, the supply of organs continues to Organ donation is such an amazing Mr. BILIRAKIS. Mr. Speaker, I ask fall short of the need. In my own State act of giving, one that delivers hope unanimous consent that all Members of Florida, the transplant waiting lists and health and life to thousands of pa- may have 5 legislative days within continue to grow and patients continue tients a year. The fact that H.R. 624 which to revise and extend their re- to wait. represents the first step in a broader marks on H.R. 624 and to insert extra- What is most unfortunate, however, effort does not minimize its impor- neous material on the bill. is the number of people who have died tance. I fully support its passage. The SPEAKER pro tempore. Is there while on one of these transplant wait- Mr. Speaker, I yield 2 minutes to the objection to the request of the gen- ing lists. In 1999, in the State of Flor- gentlewoman from Florida (Mrs. THUR- tleman from Florida? ida alone, 65 patients died while wait- MAN), who has been a leader on this and There was no objection. ing for a liver transplant, 35 patients other organ donation issues. Mr. BILIRAKIS. Mr. Speaker, I yield died while waiting for a heart trans- myself such time as I may consume. plant, 17 patients died while waiting Mrs. THURMAN. Mr. Speaker, I I am pleased, Mr. Speaker, that the for a lung transplant, and 91 patients thank the gentleman for yielding me House is today considering H.R. 624, died while waiting for a kidney trans- this time. the Organ Donation Improvement Act plant. So we must act to these prevent- Before I start in on a little bit of of 2001. I want to thank my committee able deaths by increasing the supply of what we are talking about today, one colleagues, the gentleman from Wis- organs and discussing the gift of life, as of the things we probably ought to do consin (Mr. BARRETT) and the gen- the gentlewoman from Florida (Mrs. first and foremost is thank all of the tleman from Ohio (Mr. BROWN), the THURMAN) said, with friends and fam- men and women out there today that subcommittee ranking member, for ily. have made that choice and have made their help in drafting this bill. H.R. 624 recognizes the contributions a difference in people’s lives, because The full Committee on Energy and made by living individuals who have without their generous donation we Commerce approved H.R. 624 on Feb- donated organs to save lives. It also ac- would not have this opportunity to ruary 28 by unanimous vote, which re- knowledges the advances in medical even be talking about this and the flects the bipartisanship nature of this technology that have made transplan- technology and what has happened initiative. tation a viable treatment option for an over several years. I also want to thank Secretary increasing number of patients. Signifi- So I would like to just take a mo- Tommy Thompson for making organ cantly, H.R. 624 directs the Secretary ment to thank and to express to those donation a top priority for his first 100 of Health and Human Services to carry family members, whether because of a days in office. He has recognized the se- out programs to educate the public loss or because of a connection with rious nature of this growing problem with respect to organ donation. This another family member, how much we and intends to act quickly to increase bill also authorizes grants to cover the appreciate what they have given al- organ donation efforts across the coun- costs of travel and subsistence ex- ready in this debate. try. In fact, I received a letter from penses for individuals who make living Secretary Thompson indicating his donations of their organs. Today, what we are talking about is support for H.R. 624 and his intent to I am confident that these measures a resolution, and I commend our chair- work with Congress to increase organ will provide the necessary incentives man for this and also the gentleman donation in the future. for Americans considering organ dona- from Ohio (Mr. BROWN). As the chair- Mr. Speaker, during the latter part of tion and increase the supply of organs. man said, this was part of a piece of the last Congress, we had the legisla- I urge all my colleagues to join me legislation last year that kind of got tion going through the body which today in supporting passage of H.R. 624, tied up in some allocation issues, but would have done what we are doing in the Organ Donation Improvement Act. the issue in this one is so important be- this legislation but also had estab- Mr. Speaker, I reserve the balance of cause this actually helps us with ex- lished allocation procedures. It was my time. pensing. So that if we have a living H674 CONGRESSIONAL RECORD — HOUSE March 7, 2001 donor, we can provide an opportunity more than doubled in the 1990s, accord- publicly salute the employees of UNOS for them to give the gift that they ing to a recent report by UNOS. On and the families and friends of those would like to give. So it is a very sim- February 24, the UNOS national wait- who have donated the ‘‘gift of life,’’ do- ple, direct kind of program that if one ing list had 74,800 patients awaiting or- nated organs. is willing to help and is willing to do- gans. Over half of those are waiting for According to UNOS, for every patient nate, that we are going to help in that kidneys. who receives the organ he or she needs, regard as well. In Wisconsin alone there are cur- two more people in need of organs are The only other thing I would say is, rently more than 1,500 people on organ added to the national waiting list. Un- I would like the chairman just to con- waiting lists. Most of them are waiting fortunately, less than half of those who sider a second part of this piece of leg- kidneys. I mention kidneys in par- register on the waiting list will ever re- islation that we introduced last year, ticular because through the advance- ceive a transplant. On average, 15 peo- which is the idea of when somebody is ment of medicine, living donations of ple die every day because the organ working, to be able to give them some kidneys are the most commonplace of they need does not come in time. time off where it does not hurt them in all living donations. In 1999, more than 6,000 people died the workplace. Because without that The Organ Donation Improvement while awaiting organs. The same year, time, it is very difficult for them. Even Act promotes living donation. Accord- the waiting list reached a high of more though they may be getting some of ing to UNOS, the number of living than 67,000 people. UNOS works to ad- dress this life-and-death challenge by their expenses covered, they do have to organ donors more than doubled from increasing organ donation and making take time off of work to be able to go 1990 to 1999. The selfless humanity ex- the most of every organ that is do- and do this. So I just hope at sometime hibited by living donors is recognized nated. This is accomplished through we can look at that issue. by this bill, as is the progress made in organ matching and distribution, data But certainly my praises are to this medical technology that has enabled research, policymaking, education and committee and to this Congress for giv- living donor transplants, like the one public awareness. ing us this gift of life. from Leslie Kallenbach to David Raine. Recently, several major employees in Mr. BROWN of Ohio. Mr. Speaker, I This measure also provides financial the metro Richmond area launched em- yield 4 minutes to the gentleman from assistance to States to develop and ployee campaigns to raise awareness Wisconsin (Mr. BARRETT), who has been grow donor registries and to connect about organ donation and increase the very involved in this issue during his these registries to organ procurement number of organ donors in Virginia. time in Congress. organizations and hospitals. The bill The people of Virginia owe these com- Mr. BARRETT of Wisconsin. Mr. also helps donors defray the costs asso- panies and their employees a debt of Speaker, I thank the gentleman for ciated with their testing and dona- gratitude for their efforts to promote a yielding me this time, and I want to tions. gift of life. I want to thank them for compliment the gentleman from Flor- I am proud to say that Wisconsin is a their hard work, and I urge passage of ida (Mr. BILIRAKIS), the gentleman leader in organ donation and trans- this legislation. from Ohio (Mr. BROWN), and the others plant surgery among the States. Wis- Mr. Speaker, I include for the that have been so active on this issue. consin’s medical centers accept signifi- RECORD the UNOS press release of I think this is an issue that I think ul- cantly greater numbers of organs for March 3, 2001. timately does have bipartisan support transplant than the national average. I [From the United Network for Organ and we can all work together on. will continue to fight to advance this Sharing, Mar. 3, 2001] In 1999, David Raine of Racine, Wis- cause and do whatever is necessary to RICHMOND EMPLOYERS JOIN UNOS TO consin, was put on a waiting list for a share Wisconsin’s success with the rest INCREASE ORGAN DONATION kidney. The clock was ticking, and his of the Nation. RICHMOND.—Several major employers in health was declining. It used to be that Though I am pleased to see such the metro Richmond area have joined the one family’s saving grace was another swift action on this bill by the Com- United Network for Organ Sharing’s (UNOS) family’s tragedy, as organs were gen- mittee on Commerce and now by my Workforce 2001, a unique effort to increase erally donated from the recently de- colleagues in the House, this cannot be organ donation. BB & T; Back in Action Health Resource ceased. Though organ donation from the last word on organs. Our job is far Center, Bank of America, CapTech Ventures, the deceased is still the chief source of from done. I appreciate the heartfelt Chesterfield County, City of Richmond, The organ donations, there is an increasing support for these efforts by Health and C.F. Sauer Company, Continental Societies, number of organs donated from a Human Services Secretary Thompson, Inc., Dominion Virginia Power, Durrill and healthy individual who is compatible and I hope to work with him to develop Associates, First Union, James River Tech- to a patient in need. Though typically a network of State donor registries so nical, McCandlish and Kaine, M.H. West and this type of transplant is done with that the stories of those people who are Co., Medical Insurers of Virginia; Owens and kidneys, advances are being made in Minor, Pleasants Hardware, waiting for the gift of life might have PriceWaterhouseCoopers, SMBW Architects, the transplantation of other organs, the same happy ending as David Raine. Style Weekly, SunTrust Bank, Tom Brown such as lungs and livers. Mr. BILIRAKIS. Mr. Speaker, I yield Hardware, Trigon Blue Cross Blue Shield, For David Raine, living donation 2 minutes to the gentleman from Vir- Ukrop’s Supermarkets and First Market saved him. As he describes it, an angel ginia (Mr. CANTOR). Bank, Verizon, Virginia Commonwealth Uni- came into his life. Leslie Kallenbach, a Mr. CANTOR. Mr. Speaker, I thank versity/Medical College of Virginia, The Vir- fellow parishioner at David’s church, the gentleman for yielding me this ginia Home; Wella Manufacturing of Vir- offered her own kidney to him. Tests time. ginia; Westminster Canterbury; and Wil- liams, Mullen, Clark and Dobbins have com- determined she was a perfect match; Mr. Speaker, I rise in strong support mitted to educating their employees about and in January of 2001, David and Les- of the Organ Donation Improvement the vital need for organ donation. lie underwent surgeries at Saint Luke’s Act introduced by the gentleman from ‘‘Corporate involvement on the local and Medical Center in Milwaukee. One of Florida (Mr. BILIRAKIS) and the gen- national level is key to spreading the life- Leslie’s kidneys was successfully trans- tleman from Wisconsin (Mr. BARRETT). saving message of organ donation,’’ said Wal- planted to David by Dr. William Ste- This legislation directs the Secretary ter K. Graham, UNOS executive director. venson, and David Raine said he felt of Health and Human Services to con- ‘‘We need everyone’s help to make sure the public has the right information to make an energy return to his body almost im- duct a public awareness campaign informed decision about organ donation.’’ mediately. Both recovered without about the need for additional organs Nearly 700 people are currently awaiting complication. for transplantation. an organ transplant in Richmond, with ap- This is a happy ending that I wish I am privileged to represent the hard- proximately 2,000 waiting statewide. There was found in every transplant patient’s working men and women of the United were 37 organ donors in Richmond during story. Sadly, it is not. Fourteen people Network for Organ Sharing, UNOS, in 2000, leading to more than 200 transplants. Nationwide, 75,000 children, men, and die each day because the organ they Richmond, Virginia. Their recent cor- women are registered on the nation’s organ need is not available to them. The gap porate campaign to increase organ do- transplant waiting list. To date, UNOS re- between organ transplants and the nation complemented the goal of this ports that slightly more than 22,000 trans- number of patients waiting for organs legislation, and that is why I want to plants were performed in 2000 using organs March 7, 2001 CONGRESSIONAL RECORD — HOUSE H675 from 5,900 cadaveric donors and 4,800 living organ donor, puts them on the list, and teresting statistic he often cities is that two- donors. makes sure the individual’s license re- thirds of Americans have not expressed their For the year 2001, we project only mod- flects it. So in a time when we are no wishes about donation. erate increases in donation and transplan- Clearly, there is much that can be done to tation, so of these 75,000 less than one third longer on this earth but our organs are, will receive life-saving transplants this year. we can help someone else to live. I increase organ donations. The two measures The other two-thirds will continue to wait, think that is the kind of thing we before us today, H. Con. Res. 31 and H.R. and perhaps die because the organ they need would all want to have made possible. 624, are steps in the right direction. I want to will not come in time to save them. UNOS, So I hope we all support this organ make particular note of the efforts of my friend and the employers of Virginia, are working donation legislation. In my State, and colleague, Representative KAREN THUR- together to change this. there were 71 organs donated last year, MAN. She has made all of us aware of the ‘‘A lot of people die in the U.S. and in Vir- although there are 36,000 still on the need to act quickly and decisively to address ginia because they don’t get the organs they a host of donation issues. Her resolution on need so desperately. If we encourage every- waiting list in my State of Rhode Is- one, starting with our own employees, to be- land. We have a tragic shortage of or- organ, tissue, bone marrow, and blood dona- come donors we can help the situation tre- gans and we need to pass this legisla- tion deserves our enthusiastic support. mendously,’’ said Lynn Williamson, M.D., tion, H.R. 624, so that we can help ex- H.R. 624 addresses both cadaveric and liv- vice president and chief medical officer for pand awareness of this important proc- ing donations. There are obvious limitations Trigon Blue Cross Blue Shield. ess of donating an organ. with respect to live donations, so we must at- One of the main ways the organizations I encourage everyone to find someone tack the shortage on both fronts, cadaveric will communicate with their employees that has benefited from this or log on and live donations. Ninety-five percent of live about organ donation is a new electronic donations are kidneys, with the remaining five public service announcement (PSA) that can and learn more about it, because I be- be sent via e-mail or posted on organiza- lieve if people learn more about it they percent involving the split liver technique. tion’s Intranet site. The electronic PSA will become organ donors. It is an abso- Cadaveric donations thus make up part of the highlights the importance of organ donation lute tragedy that more Americans of supply of transplantable kidneys and livers, and gives the viewer concrete steps they can good conscience and good will just are and the entire supply of hearts, pancreas, take to be an organ donor. Other ways em- not because they have not gotten lungs, and intestines. ployers are spreading the message include around to doing it. So anyone listening H.R. 624 is an incremental step. It is not a using posters, brochures and paycheck stuff- comprehensive program. I hope this is merely ers. to this, please make sure to sign up to be an organ donor. a reflection of the process by which this bill Companies interested in joining the organ comes before us today and does not reflect a donation campaign should contact UNOS at b 1315 (804) 330–8563. limitation on our collective will to make lasting UNOS, a nonprofit charitable organization Mr. BILIRAKIS. Madam Speaker, I and meaningful progress toward increasing headquartered in Richmond, VA, maintains yield myself 1 minute. the supply of organs. There are many good the nation’s organ transplant waiting list Madam Speaker, just one parliamen- ideas we should examine and I hope that in under contract with the Health Resources tary note. The committee filed its re- due course, we will. and Services Administration of the U.S. De- port on H.R. 624 last night. That report Finally, I remain wary of the bill’s residency partment of Health and Human Services. and ‘‘covered vicinity’’ provisions. I will be UNOS also promotes organ donor awareness contained, as required under the House rules, a cost estimate for the bill from monitoring the implementation of H.R. 624 to in the general public and the medical com- be sure it does not stray from its intended pur- munity. the Congressional Budget Office. How- ever, H.R. 624, as introduced, contained pose. Mr. BROWN of Ohio. Mr. Speaker, I With that Madam Speaker, I urge my col- yield 3 minutes to the gentleman from a drafting error. An amendment to the basic legislation today took care of leagues to support these two measures. Rhode Island (Mr. KENNEDY). Mr. UNDERWOOD. Madam Speaker, I sup- that. As a result, CBO provided its cost Mr. KENNEDY of Rhode Island. Mr. port today H.R. 624, the Organ Donation Im- estimates on the amendment, on the Speaker, I want to thank the gen- provement Act of 2001, introduced by my col- bill, as amended, to H.R. 624 that we tleman from Ohio (Mr. BROWN) and the league, Congressman BILIRAKIS of Florida. gentleman from Florida (Mr. BILI- are considering today. I hope that this This bill will support payment of travel and RAKIS) for their work on this legisla- clears up any confusion. subsistence expenses incurred by individuals tion. It is an important piece of legisla- In closing, Madam Speaker, I would making living donations of their organs, raise tion. like to acknowledge people who have public awareness of the importance of organ I think anyone listening to this de- really worked on this not only for this and tissue donation in our country, and help bate today, though there is not much particular piece of legislation but even families understand and respect the wishes of of a debate other than we need to do in the prior years, the staffs from the family members who desire to be individual more in the way of giving organs to committee, Marc Wheat, Brent organ donors. people who need them, everyone should DelMonte; John Ford, who is here; Although organ and tissue transplantation is recognize the need to sign up. First Katie Porter from the minority; Erin not a common procedure in my district of things first: everyone should sign up as Ockunzzi, a member of my personal Guam as it is in larger metropolitan areas of an organ donor right now or make a staff; my chief of staff Todd Tuten. We the country, the need is still great as heart dis- note to themselves to go up and sign are all very grateful to those good peo- ease and diabetes are among the leading up. ple for the hard work that they have causes of death on the island. In fact, heart This is an easy thing to let pass: Oh placed on this legislation. disease ranks as the number one killer, while yeah, I’m going to do it. I’m going to Mr. DINGELL. Madam Speaker. According diabetes ranks very close to the top and af- do it. If it were not for one of our own to the most recent annual report of the United fects Chamorros at 5 times the national aver- colleagues, the gentleman from Massa- Network for Organ Sharing (UNOS), the short- age. chusetts (Mr. MOAKLEY), I would not age of organs for transplant is getting worse. The impact of higher costs and greater dis- have signed up. I recall when the gen- Approximately 21,715 transplants were per- tances between Guam and the nearest major tleman from Massachusetts got this or- formed in 1999. The number of persons on metropolitan hospital in Honolulu, approxi- gans donation caucus together. We the national transplant waiting list as of Feb- mately 3,500 miles or 7 hours by plane, is a have several colleagues on both sides of ruary 2001 was approximately 74,000. The vital concern when it comes to health care for the aisle who are beneficiaries of organ number of deaths among persons who were U.S. citizens on Guam. Some of Guam’s pa- donations. There is nothing like hear- on the transplant waiting list tripled in the dec- tients are medically evacuated to larger metro- ing a story from someone who has ben- ade of the 1990s. Although cadaveric and live politan health care centers in Honolulu and efited from an organ donation to make donation rates have increased, the need for Los Angeles for these procedures. Other someone a believer and feel that they these organs has grown even faster. times, the organ and tissue donations are ought to sign up themselves. I applaud the effort of my colleagues to transported to Guam for transplantation. So, So I encourage everyone to do it. raise awareness of the need for more organ the access to organ and tissue donation is a Most people can go down to the reg- donations. I want to also pledge to work with critical component of whether a patient lives or istry of motor vehicles in most States, Secretary Thompson on this important issue. dies. as in my State of Rhode Island. A form He has indicated that he will make organ do- Since the majority of those who are medi- is signed which makes an individual an nation a priority of this administration. One in- cally evacuated to hospitals in Honolulu and in H676 CONGRESSIONAL RECORD — HOUSE March 7, 2001 the continental United States are Medicare jected to the regulation. The groups in opposi- by the committees of jurisdiction and the and Medicaid patients, the cost of travel and tion sought and secured a rider to the Omni- Members of this House that are so vitally in- subsistence payments for individual living do- bus Appropriations enacted in 1998 which terested in this issue. nors is a welcome relief to those who are able blocked implementation of the Secretary’s pro- Mr. STARK. Madam Speaker, I rise in sup- to find a perfect organ donor match. posed regulation. port of H.R. 624, the Organ Donation Improve- The program to raise public understanding In October, 1998, the Congress suspended ment Act. and assist states and territories in carrying out implementation of the Final Rule for one year H.R. 624 is an important piece of legislation organ donor awareness, public education, and to allow further study of its potential impact. that provides financial assistance to living do- outreach activities is also a welcome compo- During that time, Congress asked the Institute nors to cover the travel expenses associated nent of the Organ Donation Improvement Act. of Medicine (IOM) to review current Organ with donating an organ, and provides new For minority communities, such as the Asian Procurement Transplantation Network (OPTN) funds for programs to educate the public with Pacific American community, this is a particu- policies and the potential impact of the Final respect to organ donation. larly welcome initiative. Rule. The IOM study was completed in July, In a National Kidney Foundation Survey, Mr. TOM DAVIS of Virginia. Madam Speak- 1999 and provided overwhelming evidence in one out of four family members said that fi- er, I rise in strong support today for H.R. 624, favor of the new regulations. Nevertheless, a nancial considerations prevented them from the Organ Donation Improvement Act. I have second moratorium was added onto the Work volunteering to become a living donor. When seen first-hand how important organ donation Incentives Improvement Act, that provided for you consider airfare, hotel, ground transpor- can be. My own sister-in-law has been the re- an additional 90-day delay on implementation tation, and food for a few days, the costs add cipient of a transplanted kidney. Unfortunately, of the Final Rule. up. This bill would provide grants to states, not every person who needs an organ trans- In the midst of this debate, in October, transplant centers, organ procurement organi- plant is as lucky as she was. In 1999 alone, 1999, the House Commerce Committee de- zations, and other public entities to enable over 6,000 people died while on the waiting bated and reported legislation, H.R. 2418, that them to pay for the non-medical travel and list for a donor organ. would have divested the Department of Health subsistence expenses incurred by a donor in Despite continuing advances in medicine and Human Services of any authority to re- conjunction with organ donation. It is targeted and technology, the tragic truth is that the de- quire anything of the OPTN. Functions of a to recipients with incomes below $35,000 a mand for organs drastically outstrips the sup- scientific, clinical or medical nature would be year who might not otherwise be able to aide ply of organ donors. According to a recent re- in the sole discretion of the OPTN. All admin- a donor in paying for travel costs. More people would be able to become living port, the number of Americans waiting for istrative and procedural functions would re- donors if we remove this cost barrier. In a organ transplants more than tripled from quire mutual agreement of the Secretary and country as wealthy as ours, we cannot allow 21,914 to 72,110 between 1990 and the end the Network. those who are in need of an organ to miss a of 1999. However, annual donor transplants Opponents of H.R. 2418, including the Gov- life-saving opportunity because of a lack of over the same period increased at a far slower ernor of the great state of Illinois, believed that travel funds for a family member or other rate, going from 15,009 in 1990 to 21,715 in the legislation would create an unregulated matching donor. Moreover, we must facilitate 1999. monopoly of organ allocations, and allow more people becoming living organ donors by H.R. 624 is an important step in addressing UNOS to run the organ allocation program un- removing whatever obstacles we can. this crisis. This bill directs the Secretary of fettered. The legislation would also have fa- This bill would also authorize the Secretary Health and Human Services to carry out a vored small states with small centers at the of Health and Human Services to make grants program to educate the public with respect to expense of patients waiting for transplants at to states or contract with organizations to edu- organ donation. It also authorizes grants to larger centers. The state of Illinois represents cate the public on organ donation. States that cover the costs of travel and subsistence ex- 9 percent of the population and receives only receive grants would be required to submit an- penses for individuals who make living dona- 4 percent of the transplants. nual reports to the Secretary assessing the ef- While debate on H.R. 2418 raged in the tions of their organs. fectiveness of the programs, so that success- I believe that it is of the utmost importance House, during 1999 and 2000, the U.S. De- ful programs can be replicated in other states. that we encourage more individuals to share partment of Health and Human Services We need to get as many people as possible the life-saving benefits of organ donation. (HHS) made several attempts to implement a to fill out organ and tissue pledge cards, and Therefore, I urge my colleagues to give this new organ donation and allocation regulation. enter their information in the National Marrow bill their full support. The HHS regulation incorporates many of the Donor Program Registry through education Mr. RUSH. Madam Speaker, I rise in sup- sound recommendations of the National Acad- campaigns. The Federal government needs to port of the Organ Donation Improvement Act emy of Sciences’ Institute of Medicines rec- work with States, and non-profit organizations of 2001, H.R. 624, which was reported by the ommendations for improving the organ dona- to reach every person in this country. Any of Energy and Commerce Committee last week. tion and allocation system. This regulation— us could one day need a transplant. As reported, H.R. 624 authorizes up to $5 mil- the subject of opposition by those groups This bill takes a step in the right direction, lion each year—for each of the next five which would have maintained the status quo— but it should be considered a piece in a broad- years—to provide travel and subsistance had twice been delayed by Congressional ac- er effort to increase organ donation in this funds for organ donors meeting certain cri- tion, but finally went into effect in March, 2000. country. Every 14 minutes a new name is teria. Madam Speaker, in January of this year, added to the transplant waiting list. We need I support the bill because I have been as- former Health and Human Services Depart- to insure that every 14 minutes a new donor sured by the distinguished chairman of the ment Secretary, Donna E. Shalala, announced signs a pledge card. We have far to go before Health Subcommittee, my friend MIKE BILI- the appointment of 20 members to the Sec- we’ve reached that goal, but this bill moves us RAKIS that the bill is intended to help increase retary’s new Advisory Committee on Organ closer. the supply of life-saving organs that are avail- Transplantation. The committee, which was Secretary Thompson has already indicated able nationwide, and that it is not an attempt created in the Organ Procurement and Trans- that he plans to launch a national awareness to circumvent, abrogate, amend or revise the plantation Network rule of 1999 and rec- campaign and to do more to recognize donors organ donation and allocation system which ommended by the Institute of Medicine Report and their families. This would be a great op- was implemented by the Department of Health to Congress in 1998, will advise the Secretary portunity for Congress to collaborate with him and Human Services last year. on all aspects of organ procurement, alloca- to draw attention to this life-saving issue. I Under the provisions of the National Organ tion and transplantation. The new Department urge my colleagues to vote in support of this Transplant Act (NOTA), the U.S. Department of Health and Human Services Secretary, the important legislation to increase organ dona- of Health and Human Services has the re- Honorable Tommy Thompson, has said that tions. sponsibility for establishing and administering improvements to the organ donation and allo- Mr. VITTER. Madam Speaker, I rise today a national organ allocation program. In April of cation system are one of his major priorities. to express my support for organ donation and 1998, the Department published a regulation Madam Speaker, it is my hope that, in the the sentiment in H.R. 624 to emphasize the which directs the Organ Procurement and future, as this House and the Energy and importance discussing organ and tissue dona- Transplantation Network (OPTN) to address a Commerce Committee continues its oversight tion as a family. I’m proud to say that in my number of inefficiencies and inequities in the on the administration of the organ donation home state of Louisiana, the LSU Health existing organ allocation program. UNOS, the and allocation system, that we not rush to Sciences Center, working with Legacy Donor United Network for Organ Sharing, and a judgment—as we did with this legislation—with Foundation and the Louisiana Organ Procure- number of transplant centers, strongly ob- no hearings, no consultation, and no oversight ment Agency, developed a model campaign March 7, 2001 CONGRESSIONAL RECORD — HOUSE H677 now used by businesses that is very success- States. In fact, the waiting list for organ trans- This measure also includes a provision to au- ful in getting employees to sign up to become plants has grown by over 300 percent in the thorize grants for studies and pilot projects to organ donors at death. Despite these ad- last decade. increase organ donations to private organiza- vances, in Louisiana and across our nation, a I am, however, proud that my state of Wis- tions. lot more public education is needed to raise consin has an excellent record in organ pro- I am also pleased that the American Hos- awareness of the critical shortage of organs. curement. Wisconsin’s two organ donation pital Association and the Patient Access to In addition, Louisiana has also benefited from agencies, the Wisconsin Donor Network in Mil- Transplantation Coalition have expressed their the services provided by the Oschner Multi- waukee and the University of Wisconsin strong support for this bill. I urge my col- Organ Transplant Center, where over 50 liver Organ Procurement organization, are nation- leagues to vote for this legislation. transplants are performed each year. The help ally recognized for their donation rates. Each Mr. BILIRAKIS. Madam Speaker, I these organizations provide to patients in Lou- year in Wisconsin, nearly 150 people give yield back the balance of my time. isiana are immeasurable. more than 600 citizens the opportunity for a Mr. BROWN of Ohio. Madam Speak- For example, in Louisiana today there are new beginning. er, I yield back the balance of my time. about 1,600 individuals—mothers, fathers, In order to decrease the number of individ- The SPEAKER pro tempore (Mrs. husbands, wives, sons, daughters—awaiting a uals on the wait list for organ transplants, we BIGGERT). The question is on the mo- life-saving transplant. Nationally, more than need to increase people’s willingness to be- tion offered by the gentleman from 73,000 men, women and children awake in come donors. Wisconsin has a model inten- Florida (Mr. BILIRAKIS) that the House hope each day that it will be the day when sive education program that works closely with suspend the rules and pass the bill, they receive their new organ, before it’s too schools, community groups, church groups H.R. 624, as amended. late for them. But needs far exceed organ do- and the hospitals to allay individuals’ ques- The question was taken. nations each year. One organ donor can save tions and concerns related to organ donation. The SPEAKER pro tempore. In the the lives of as many as eight others. Organs I am proud to be a cosponsor of the Organ opinion of the Chair, two-thirds of from 100 individuals in Louisiana were do- Donation Improvement Act that would provide those present have voted in the affirm- nated last year, providing 365 organs for grants to states to build programs similar to ative. transplant. Those 100 selfless humans in Lou- our successful program in Wisconsin. Mr. BILIRAKIS. Madam Speaker, on isiana gave the gift of life to strangers as their This bill recognizes the critical role that that I demand the yeas and nays. legacy. Organ donation is the last act of self- states can play in improving organ donation. I The yeas and nays were ordered. less generosity that one human being can per- urge my colleagues to support this important The SPEAKER pro tempore. Pursu- form for another. legislation. ant to clause 8 of rule XX and the Mr. CUMMINGS. Madam Speaker, I rise Mr. BENTSEN. Madam Speaker, I rise in Chair’s prior announcement, further today in support of H. Con. Res. 31 and H.R. strong support of the Organ Donation Im- proceedings on this motion will be 624, both expressing Congress’ acknowledg- provement Act (H.R. 624), legislation that will postponed. help the 60,000 people in the United States ment of the need for organ donors and organ f donor support for all citizens. who are currently waiting for organ transplant In 1996, I introduced H.R. 457 (Public Law surgery. This year, approximately 20,000 peo- HONORING 21 MEMBERS OF NA- No. 106–56), the Organ Donor Leave Act, be- ple will receive these lifesaving operations, but TIONAL GUARD KILLED IN cause I am a firm believer in the life-saving 40,000 people will not. This legislation is an CRASH ON MARCH 3, 2001 power of organ donation. This legislation al- important first step in helping these patients Mr. SCHROCK. Madam Speaker, I lows federal employees up to 30 days paid and their families to get the organs that they move to suspend the rules and agree to leave after having made an organ donation desperately need. the concurrent resolution (H. Con. Res. and 7 days for those employees making a As the representative for the Texas Medical 47) honoring the 21 members of the Na- bone marrow donation. Through we have Center where many of these transplantations tional Guard who were killed in the made progress in the fight for increasing the occur, I am concerned about the need to find crash of a National Guard aircraft on support for organ donors, it is out of that same more organs for these patients. Many of these March 3, 2001, in south-central Georgia. unshaken belief that I recognize the need for lifesaving procedures are conducted at the The Clerk read as follows: transplant departments at these teaching hos- legislation like H. Con. Res. 31 and H.R. 624. H. CON. RES. 47 I know the truth and the truth is that there is pitals in my district. During the past decade, the waiting list for organs has grown by more Whereas a C–23 Sherpa National Guard air- still much than can be improved. craft crashed in south-central Georgia on Over 60,000 Americans are awaiting for an than 300 percent. Clearly, we are not finding March 3, 2001, killing all 21 National Guard organ donation, while 12 people die each day sufficient donors to meet the demand for these members on board; waiting for a transplant. patients. Whereas of the 21 National Guard members Every sixteen minutes, a new name in need As an original cosponsor of this legislation, on board, 18 were members of the Virginia of an organ, tissue, or bone marrow transplant I strongly support this effort to increase organ Air National Guard from the Hampton Roads is added to a waiting list. donations. First, this measure authorizes $5 area of Virginia returning home following Each year, despite the efforts of countless million for each of the next five years to help two weeks of training duty in Florida and Americans who are organ donors, over 4,000 pay for the cost of travel and subsistence ex- the other 3 were members of the Florida penses for people who donate their organs. Army National Guard who comprised the Americans die in need of a transplant. flight crew of the aircraft; These grim statistics are the real reason With advanced technology and techniques, Whereas the Virginia National Guard why I stand behind H.R. 624, the Organ Dona- today there are more opportunities for people members killed, all of whom were members tion Improvement Act of 2001, which will not to donate organs. However, many patients of the 203rd Red Horse Engineering Flight of only foster increased public awareness cannot afford to travel and pay for the costs Virginia Beach, Virginia, were Master Ser- through studies and demonstrations, but also associated with organ donation surgeries. This geant James Beninati, 46, of Virginia Beach, supports organ donors through financial as- bill would encourage more patients to donate Virginia; Staff Sergeant Paul J. Blancato, 38, sistance incurred toward living organ donation. an organ if they know that both their travel of Norfolk, Virginia; Technical Sergeant Er- Furthermore, as H. Con. Res. 31 states, I fully and subsidence expenses will be covered. nest Blawas, 47, of Virginia Beach, Virginia; Staff Sergeant Andrew H. Bridges, 33, of support National Donor Day which promotes These grants would be given to only those Chesapeake, Virginia; Master Sergeant Eric awareness and while educating ALL about low-income patients who cannot afford to trav- Bulman, 59, of Virginia Beach, Virginia; organ, tissue, bone marrow, and blood dona- el to another state in order to donate an Staff Sergeant Paul Cramer, 43, of Norfolk, tion. organ. In addition, these grants can help do- Virginia; Technical Sergeant Michael East, In both of these bills, we move another step nors to receive supplemental income during 40, of Parksley, Virginia; Staff Sergeant forward in helping to eliminate a solvable the time period when they are donating an Ronald Elkin, 43, of Norfolk, Virginia; Staff problem, paving the way toward answering the organ. Sergeant James Ferguson, 41, of Newport hopes and needs of those who now wait too This bill would also require the Secretary of News, Virginia; Staff Sergeant Randy John- son, 40, of Emporia, Virginia; Senior Airman long for a second chance at life. Health and Human Services (HHS) to conduct Mathrew Kidd, 23, of Hampton, Virginia; Mr. KIND. Madam Speaker, today, I rise in a public awareness program on organ dona- Master Sergeant Michael Lane, 34, of support of H.R. 624, the Organ Donation Im- tion. With more awareness, it is my hope that Moyock, North Carolina; Technical Sergeant provement Act. As we all know, there is a more families will discuss organ donation and Edwin Richardson, 48, of Virginia Beach, Vir- shortage of organ donors across the United will give the ‘‘gift of life’’ to another patient. ginia; Technical Sergeant Dean Shelby, 39, of H678 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Virginia Beach, Virginia; Staff Sergeant other types of construction. The Vir- among the finest citizens of this Na- John Sincavage, 27, of Chesapeake, Virginia; ginia National Guard lost 18 great men tion. So all of us lost something very, Staff Sergeant Gregory Skurupey, 34, of from the 203rd Red Horse Engineering very precious that day. Gloucester, Virginia; Staff Sergeant Richard Flight Squadron. Their names are: The sacrifice of those who lost their Summerell, 51, of Franklin, Virginia; and Major Frederick Watkins, III, 35, of Virginia Major Frederick Watkins of Virginia lives exemplifies all that is best in the Beach, Virginia; Beach, American people. Those who serve our Whereas the Florida National Guard mem- Master Sergeant James Beninati of country in the National Guard and Re- bers killed, all of whom were members of De- Virginia Beach, serve are dedicated, industrious and tachment 1, 1st Battalion, 171st Aviation, of Staff Sergeant Paul J. Blancato of selfless. They are patriots, committed Lakeland, Florida, were Chief Warrant Offi- Norfolk, to the goal of making America great. cer John Duce, 49, of Orange Park, Florida; Technical Sergeant Ernest Blawas of So we mourn their loss and extend our Chief Warrant Officer Eric Larson, 34, of Virginia Beach, sympathies to those they have left be- Land-O-Lakes, Florida; and Staff Sergeant Staff Sergeant Andrew H. Bridges of Robert Ward, 35, of Lakeland, Florida; hind. Whereas these members of the National Chesapeake, But I want their loved ones to know Guard were performing their duty in further- Master Sergeant Eric G. Bulman of they should be extremely proud of the ance of the national security interests of the Virginia Beach, lives that they lived. Not only were United States; Staff Sergeant Paul E. Cramer of these men serving their country, they Whereas the members of the Armed Forces, Norfolk, were serving their communities and including the National Guard, are routinely Technical Sergeant Michael E. East families. They were dedicated, devoted called upon to perform duties that place of Parksley, church and family men from Emporia their lives at risk; and Staff Sergeant Ronald L. Elkin of and Franklin. They included a fireman Whereas the members of the National Norfolk, Guard who lost their lives as a result of the and an insurance man from Chesa- aircraft crash on March 3, 2001, died in the Staff Sergeant James P. Ferguson of peake, always ready to lend a helping honorable service to the Nation and exempli- Newport News, hand. You would see them in church on fied all that is best in the American people: Staff Sergeant Randy V. Johnson of Sunday or pitching in to clean up their Now, therefore, be it Emporia, town after the terrible floods last year. Resolved by the House of Representatives (the Senior Airman Mathrew E. Kidd of They spent time building homes for Senate concurring), That the Congress— Hampton, Habitat for Humanity. They loved (1) honors the 18 members of the Virginia Master Sergeant Michael E. Lane of their children and their families. Sac- Air National Guard and 3 members of the Moyock, North Carolina, Florida Army National Guard who were rifices they made for Virginia and Flor- killed on March 3, 2001, in the crash of a C– Technical Sergeant Edwin B. Rich- ida and our Nation made our country 23 Sherpa National Guard aircraft in south- ardson of Virginia Beach, better and stronger. The United States central Georgia; and Technical Sergeant Dean J. Shelby of would not be what it is today were it (2) sends heartfelt condolences to their Virginia Beach, not for the efforts of the many unsung families, friends, and loved ones. Staff Sergeant John L. Sincavage of heroes who lost their lives in this trag- The SPEAKER pro tempore. Pursu- Chesapeake, edy. ant to the rule, the gentleman from Staff Sergeant Gregory T. Skurupey General Omar Bradley spoke of free- Virginia (Mr. SCHROCK) and the gen- of Gloucester, and dom as the greatest of all ideals. He tleman from Virginia (Mr. SISISKY) Staff Sergeant Richard L. Summerell said the following: each will control 20 minutes. of Franklin. No other word held out greater hope, de- The Chair recognizes the gentleman Military service involves great dan- manded greater sacrifice, needed more to be from Virginia (Mr. SCHROCK). ger in both times of peace and war. nurtured, blessed more than the giver, de- GENERAL LEAVE Men and women in uniform and their manded more than its discharge, or come Mr. SCHROCK. Madam Speaker, I families make sacrifices each and closer to being God’s will on earth. ask unanimous consent that all Mem- every day. This tragic loss reminds us The men, families and loved ones we bers may have 5 legislative days within of the dedication that men and women honor know all too well the full mean- which to revise and extend their re- give to their country when they serve ing of the word freedom. But there is marks on the legislation under consid- in the Armed Forces. These exceptional also a Bible story about soldiers who eration. airmen were killed in the execution of died which tells us how to remember The SPEAKER pro tempore. Is there their duties, and their sacrifice was in them: objection to the request of the gen- the service of their country. Their loss They were beloved and pleasant in life, and tleman from Virginia? is greatly felt by their families, their in death they were together; they were swift- There was no objection. communities and their country. er than eagles, they were strong as lions. Mr. SCHROCK. Madam Speaker, I I stand here with my colleagues to So it is also our responsibility to love yield myself such time as I may con- proudly honor the lives of these 21 he- and support their families, protect and sume. roes, and the Congress sends their fam- defend their country and honor their Madam Speaker, I rise today to offer ilies, friends, and loved ones our heart- memory forever. I know that those who House Concurrent Resolution 47 to felt condolences. survive face the toughest challenge. I honor the 21 members of the National Madam Speaker, I reserve the bal- want them to know that all Americans Guard who tragically lost their lives ance of my time. share their loss and are deeply grateful last Saturday. Mr. SISISKY. Madam Speaker, I for their sacrifice. America is blessed Eighteen members of the 203rd Red yield myself such time as I may con- to have citizens of such caliber. God Horse Engineering Flight from the Vir- sume. bless them, their families and loved ginia Air National Guard based at I join my Virginia colleague in hon- ones. Camp Pendleton in the district I rep- oring the members of the Virginia and I know I speak for all Members in ex- resent and three members of the 171st Florida National Guard who perished tending to their families and friends Aviation Battalion of the Florida in this terrible tragedy. All House our deepest and heartfelt sympathy. Army National Guard were killed when Members pay tribute to each of the Madam Speaker, I reserve the bal- their Army C–23 Sherpa aircraft men lost in the crash last Saturday. I ance of my time. crashed in a field in south-central know they join me in sending a heart- Mr. SCHROCK. Madam Speaker, I Georgia. felt message of condolence to the fami- yield 3 minutes to the gentlewoman Red Horse squadrons are civil engi- lies and loved ones. from Virginia (Mrs. JO ANN DAVIS). neer units that can be deployed rapidly I am particularly grieved because Mrs. JO ANN DAVIS of Virginia. to erect tent cities and other facilities four of those who died were from my Madam Speaker, I would like to asso- for troops in the field. The airmen from congressional district. But it is not ciate myself with the remarks of the Camp Pendleton were returning home just that. The tragedy that occurred 4 two previous gentlemen from Virginia. after spending 2 weeks in Florida at a days ago is really a national tragedy. Madam Speaker, it is with great sor- Florida base doing electrical work and The guardsmen aboard that plane were row that I come to the floor of the March 7, 2001 CONGRESSIONAL RECORD — HOUSE H679 House today. Just 4 days ago, 21 men The men assigned to the Red Horse the scene in Dooley County, Georgia, perished in a tragic accident in south- 203rd Civil Engineering Squadron pro- on Saturday morning, who responded central Georgia. These men rep- vided support to the squadron’s combat very quickly when the call came in resented the finest America and our operations. They stood ready to step in that this crash had occurred. Sheriff military has to offer. Twenty-one men at a moment’s notice to assist in ac- Van Peavy, who is a dear friend, he and died, 18 from the Commonwealth of complishing any military mission. his folks just responded in a very quick Virginia, and 3 from the State of Flor- Whether it was building or repairing a and efficient manner to secure the ida. Twenty-one men. strategic airfield, drilling wells for premises. Commissioner Wayne West Madam Speaker, all these men served water, or building roads to move mate- and all of his employees, Mayor Willie in the Air National Guard. They regu- rial and troops, they would complete Davis of Vienna, Georgia, and the folks larly would give up a weekend a month these pertinent tasks under some of from Unadilla, Georgia responded in a and 2 weeks during the year, if not the most adverse and hostile cir- very efficient manner and did a great more, to serve their country. These cumstances. Just as important to note, job of securing the premises until the men were returning from those 2 weeks the 203rd also answered the call when security personnel from Robbins Air of duty, and when many of their fami- civilian local and State authorities re- Force Base could get there. lies gathered to greet them, they re- quired assistance when dealing with an Colonel Seward and his folks, Colonel ceived the tragic news that their loved unforeseen disaster or recovery oper- Seward is commander of the 78th Air ones’ plane had crashed. While I have ations. Time and time again they per- Base Wing at Robbins Air Force Base, spoken with some family members, it formed admirably whenever called to and he was the commanding officer on is simply impossible for me to really duty. the scene. And he and his personnel did know how they feel. But I do know These men were more than just sol- a great job. Colonel Michael Norri was this. Twenty-one lives were lost trag- diers, more than just volunteers that also the on-scene commander of the se- ically. With each of these 21 airmen, served their country. They were hus- curity forces there. They told me that there is a story. A story of fathers, a bands, boyfriends, fathers, brothers, at one point in time they had over 300 story of volunteers, of firemen and sons, friends and neighbors. They had meals that went out to serve the volun- civil servants. lives outside the Guard that we need to teers and the personnel, military and Madam Speaker, each and every one celebrate as well. They loved and were civilian personnel, who were assisting of these men were civil servants in the loved. They worked to better them- with the cleanup and attending to the truest sense. They would give up time selves and the people around them. damage that was on the field. that could have been spent with their They were part of our community, a To the many EMTs, the volunteer loved ones to serve us, the public. We community that will miss them. What firemen who responded to this emer- often do not think about that. We they contributed is very typical of gency crash, we just extend our sincere should. what so many National Guardsmen congratulations and thank them for Madam Speaker, I thought about have to do each and every day. They the job that they did. coming down to the floor to address served their Nation with pride and Once again, we really extend our con- dolences to the family members of the critical needs of the military in honor. these brave men. light of this accident, but there will be Today we take a moment to honor them and their families for the sac- Mr. SISISKY. Madam Speaker, I re- time for that in the near future. Today serve the balance of my time. is a time for mourning. Today the rifice they have made for us and our country. It is a sacrifice and a loss we Mr. SCHROCK. Madam Speaker, I Commonwealth of Virginia lost 18 men, yield 2 minutes to the gentleman from perhaps the most tragic loss of life for do not take lightly. These men were the epitome of both our country and Florida (Mr. BILIRAKIS). the Commonwealth since the Bedford the Air National Guard. The service Mr. BILIRAKIS. Madam Speaker, I unit of the Virginia National Guard that all the men and women of the thank the gentleman from Virginia was lost on D-Day. Guard give every day is a part of what (Mr. SCHROCK) and commend him for While time heals all wounds, it will this resolution. I know that it is not a take time. I can say with assurance makes our country great. Madam Speaker, our condolences go happy duty for him. that in this circumstance, it will take to their families. I therefore ask my Madam Speaker, I, too, rise in strong a long time. My heart goes out to the colleagues to join in passing House support of H. Con. Res. 47, a resolution families of these men. I am praying for Concurrent Resolution 47 to honor honoring the 21 members of the Na- all of them. However, Madam Speaker, these fallen men. tional Guard who were killed in the I would like to extend my condolences crash of the National Guard aircraft on directly to the families of Staff Ser- b 1330 March 3, 2001. Like all Americans, of geant Gregory Skurupey, Staff Ser- Mr. SCHROCK. Madam Speaker, I course, I am saddened by the news of geant James Ferguson, Technical Ser- yield 2 minutes to the gentleman from this very tragic plane crash. geant Michael East, Senior Airman Georgia (Mr. CHAMBLISS). The Army C–23 Sherpa and its flight Mathrew Kidd and Major Rick Wat- Mr. CHAMBLISS. Madam Speaker, I crew of three soldiers belonged to De- kins. thank the gentleman from Virginia tachment 1, 1st Battalion, 171st Avia- I pray that our Lord will grant these (Mr. SCHROCK) for bringing this resolu- tion in Lakeland, Florida. The 18 Air families comfort and solace in their tion forward. Guard members belonged to the 203rd time of loss. And I pray that these men Madam Speaker, I, too, want to ex- Red Horse Flight Engineering Unit and who so tragically died rest in peace and tend my sincere condolences to the were returning to Virginia from Flor- may His perpetual light shine on them. families of these brave soldiers who un- ida after spending 2 weeks of annual Mr. SISISKY. Madam Speaker, I fortunately died in this crash that oc- training at Hurlburt Field near Fort yield 3 minutes to the distinguished curred in my congressional district on Walton Beach. gentleman from Virginia (Mr. SCOTT). Saturday morning. I really want to tell One of the aircraft’s pilots, Eric Mr. SCOTT. Madam Speaker, I thank those folks how much we appreciate Larson, was from my congressional dis- the gentleman from Virginia for yield- the sacrifice that they have made, be- trict. On Monday, this past Monday, I ing me this time. cause in the military it is a family af- spoke with Eric’s wife Jennifer to ex- I rise to lend my name in support as fair. By families, we mean not only press my deepest sympathies to her a cosponsor of the resolution my es- other men and women who serve in and Eric’s family, but I also want to teemed colleagues from Hampton every branch of the military, but the send my heartfelt condolences to all of Roads, Virginia, have offered honoring close family ties that each of these the families killed in this tragic plane the 21 heroes who lost their lives in a men and women have with their own crash. plane crash last weekend. Eighteen of internal families. They are the ones Wearing a uniform of one’s nation, as the men were members of an Air Na- that suffer from this and we sure do ex- already has been said today, is never tional Guard unit stationed at Camp tend our condolences to them. easy, and this loss reminds us all of the Pendleton near Virginia Beach, Vir- I particularly want to recommend tremendous sacrifices made by our men ginia. and commend to the folks that were on and women in our Armed Forces. H680 CONGRESSIONAL RECORD — HOUSE March 7, 2001 The loss also reminds us that free- American service people. I am just ab- from Norfolk, and two from Chesapeake. Their dom does not come without a price. solutely amazed, and we are the commanders spoke highly of the Guardsmen, Too often we take for granted the luckiest people on earth, to have the reminiscing about how close they were, many many liberties we enjoy in America. quality of people that serve us, and the having worked construction together in their ci- We must never forget that they have mixture we have around the world in vilian jobs. Some served together in the 203d all been earned through the ultimate our reservists and National Guard peo- for more than 10 years. These were dedicated sacrifice paid by so many members of ple. And I would just hope that the and patriotic men who believed in serving their our Armed Forces. American public, who do not have the country. Again, Madam Speaker, I want to opportunity to see these young men Today, I join my colleagues in extending my send my deepest sympathy to the fami- and women, to see these young men condolences to the families of the fallen lies of those killed; and I urge my col- and women act in the responsible way guardsmen. Their patriotism should never be leagues to support H. Con. Res. 47. that they do not to make a lot of forgotten. Their sacrifices serve to remind us Mr. SISISKY. Madam Speaker, I re- money but to serve their country is in- that freedom should never be taken for grant- serve the balance of my time. deed a wonderful thing. These guards- ed. In training missions each and every day, Mr. SCHROCK. Madam Speaker, I men were the same way to sacrifice men and women in the Armed Forces risk yield 2 minutes to the gentleman from their lives. making the ultimate sacrifice to protect and Illinois (Mr. SHIMKUS). Mr. CRENSHAW. Madam Speaker, I rise defend America. We owe these guardsmen Mr. SHIMKUS. Madam Speaker, I today to support House Concurrent Resolution and their surviving family members a debt of thank the gentleman from Virginia 47 and express my condolences to the 21 gratitude. (Mr. SCHROCK) for yielding me this families that lost loved ones in the Florida Mr. JONES of North Carolina. Madam time. Army National Guard aircraft crash of March Speaker, I rise today in strong support of this Madam Speaker, the price of freedom 3, 2001. resolution offered by the gentleman from Vir- is eternal vigilance. The cost is the Every day, the men and women of the ginia, Mr. SCHROCK, and the gentleman from spilled blood of our sons and daughters. Armed Forces put their lives ont he line to pro- Indiana, Mr. HOSTETTLER. The accident that I rise today in support of this resolu- tect the freedoms we enjoy in the United occurred this past weekend in Georgia was in- tion paying tribute to the 21 members States. A vital part of our Nation’s protection deed a tragic one. Twenty-one citizen soldiers of the National Guard who were killed comes from the personnel of our National lost their lives on the way back from their an- on March 3. Guard personnel. The mission of our National nual 2-week training exercise. One of those soldiers, Master Ser- Guard force has increased over recent years One of the National Guardsmen, Master geant Michael Lane, was a native of in order to take on continued deployments and Sergeant Michael Lane, was from Moyock, Staunton, Illinois, in my congressional training missions throughout the world and North Carolina, which I have the privilege to district. Master Sergeant Lane was re- here at home. represent. As this resolution indicates, the membered by his aunt, Betty Roberson, The 21 individuals lost in this tragic crash thoughts and prayers of this Congress and when she spoke to the Alton Telegraph were training in Florida to be prepared for this nation are with the family and friends of earlier this week. Betty said, it is ter- whatever mission this nation asked them to the victims. However, it is important to ensure rible. We are all supposed to be out- undertake. They will be remembered as tire- that the tragic deaths of these 21 soldiers, as lived by our kids. less workers and positive examples to their well as the deaths of the 2 Marine aviators She noted that he was a super kid, families and communities. Many communities killed in a Harrier crash on February 3, the 6 the kind of kid that any parent would and organizations have been touched by this Army personnel killed in the Blackhawk acci- be proud of. A graduate of Staunton loss, but our Nation has felt the largest loss. dent on February 12, and the 2 Navy per- High School, Master Sergeant Lane This resolution allows Congress to honor sonnel killed in a T–45 Goshawk crash on was a straight A student, involved in the commitment and sacrifice given to this na- February 21, did not happen in vain. sports and particularly enjoyed coun- tion by the 21 military personnel lost on March These accidents should serve as stark re- try music and golf. Yet it was the love 3d. This accident will be felt for years to come minders that the freedoms America enjoys are of his parents and his country that as both the 203d Red Horse of the Virginia Air not without cost. Every day, the men and drove Michael to devote himself to the National Guard and the 1–171st Aviation Bat- women of our Armed Forces risk their lives in military and the defense of our free- talion of the Florida Army National Guard at- the defense of our national interests. It is a doms. tempt to replace their fallen colleagues. dangerous job whether they are stationed on Michael and his wife Roxanne lived Madam Speaker, it is with a heavy heart the DMZ in Korea or as these accidents dem- in North Carolina where he became a that we honor these guardsmen today. onstrate, training here at home. We owe it to full-time member of the Virginia Na- Mr. TOM DAVIS of Virginia. Madam Speak- these brave souls to support them, honor tional Guard. er, I support H. Con. Res. 47, a resolution them, and thank them for everything that they While each of the National Guard which honors the 21 members of the National and their predecessors have given us. members need to be recognized and de- Guard who were killed in the crash of a Na- I urge my colleagues to pass this resolution. serve recognition by this body and a tional Guard aircraft on March 3, 2001 in Most of all, I urge them to remember the sac- grateful nation, I must speak out on south-central Georgia. rifices made daily by both our men and behalf of Michael’s family and his The Florida Air National Guard plane that women in uniform and by their families. many friends to say thank you. was bringing 18 members of the Virginia Air Mr. REYES. Madam Speaker, it is with sad- Madam Speaker, we recognize Mi- National Guard home to Virginia Beach after 2 ness that we remember the 21 National Guard chael’s commitment to his principles, weeks of training in Florida crashed unexpect- members recently killed in the Saturday, his love of country and his family. We edly several days ago. The C–23 Sherpa twin- March 3, plane crash. Eighteen members of also know that he left this life while engine turboprop plane which included a crew the Virginia Air National Guard’s 203d Red training and preparing to defend our of three from the Florida Army National Guard, Horse Unit and 3 members of the Florida Air Nation. Yet his Aunt Betty said, know- lost control during a torrential rainstorm. National Guard perished when the C–23 Sher- ing that does not make your loss or the The passengers were members of the 203d pa plane in which they were traveling crashed loss of your comrades any easier. Red Horse Flight, a rapid-response engineer- in Unadilla, Georgia while en route from The price of freedom is eternal vigi- ing unit of the Virginia Air National Guard Hurlbert Field, Fort Walton Beach, Florida to lance. The cost is the blood of our sons based at Camp Pendleton State Military Res- Oceana Naval Air Station, Virginia Beach, Vir- and daughters. God bless the victims, ervation. Their mission is to deploy into re- ginia. Bad weather may have contributed to their families and the United States of mote areas and quickly construct housing, air- the crash, which left the plane in a plowed America. strips, and other critical infrastructure to sup- field, slippery with thick mud. The 203d is a Mr. SISISKY. Madam Speaker, I port military units. rapid response construction unit capable of yield myself such time as I may con- The men who perished while serving in the constructing runways and other critical facili- sume. 203d Red Horse Flight were fathers, hus- ties and has spent time in Kuwait and other Madam Speaker, I spent the last bands, and brothers. All of the victims were remote locations in the Middle East in recent week traveling to visit servicemen traditional members of the Guard, holding years. pretty much around the world, includ- down a civilian job while serving part-time. Six Having just completed 2 weeks of annual ing the Sinai Desert, where we have 860 Guardsmen were from Virginia Beach, three training, working in ditches and laying water, March 7, 2001 CONGRESSIONAL RECORD — HOUSE H681 sewer and electrical lines in Florida, these arrived. The aircraft crashed in Unadilla, Geor- The SPEAKER pro tempore. The Guard members were returning home to their gia, killing all 21 National Guardsmen on question is on the motion offered by families and civilian jobs. We cannot forget the board and forever leaving a void in the lives the gentleman from Florida (Mr. BILI- tremendous contribution that the National of the families and friends of those brave indi- RAKIS) that the House suspend the rules Guard makes to this country. These citizen viduals. and agree to the concurrent resolution, soldiers contribute to society in many ways. I wish to offer my most heart-felt condo- H. Con. Res. 31, on which the yeas and Both in civilian professions such as firefighter, lences to those affected by this terrible acci- nays are ordered. small business owner or attorney and in the dent. While it may be inadequate consolation, The vote was taken by electronic de- National Guard, contributing weekends and it is important to remember that all of these in- vice, and there were—yeas 418, nays 0, forfeiting vacations to participate in annual dividuals serve as a shining example of the not voting 14, as follows: training, National Guard members are pre- honor and self-sacrifice which has inspired the [Roll No. 30] pared and willing to serve this country when men and women of our armed forces through- YEAS—418 and where needed. Let us not forget these ad- out the history of our great country. All of Abercrombie Davis (IL) Holden mirable young men who served their country these individuals knew the inherent risks of Aderholt Davis, Jo Ann Holt honorably. They will be remembered for their military service, yet none of them backed Akin Davis, Tom Honda sacrifice. away from their commitment. Again, to the Allen Deal Hooley Andrews DeFazio Horn Ms. BROWN of Florida. Madam Speaker, families and friends of those killed in this trag- Armey DeGette Hostettler our thoughts and prayers are with the families ic crash, your Nation owes you the highest Baca Delahunt Houghton and loved ones of the 21 brave men who died debt of gratitude for this ultimate sacrifice Bachus DeLauro Hoyer Baird DeLay Hulshof while serving their nation. Serving in the mili- made by your loved ones in service of the Baker DeMint Hunter tary is a tough and demanding job not only for United States of America. Baldacci Deutsch Hutchinson those who choose to serve, but the families Mr. SISISKY. Madam Speaker, I Baldwin Diaz-Balart Hyde who are forced to live without them, who wave yield back the balance of my time. Ballenger Dicks Inslee Mr. SCHROCK. Madam Speaker, I Barcia Dingell Isakson goodbye knowing they may never see them Barr Doggett Israel again. I met recently with General Harrison yield back the balance of my time. Barrett Dooley Issa with the Florida National Guard, and we talked The SPEAKER pro tempore (Mrs. Bartlett Doyle Istook about the great work the guard was doing, all BIGGERT). The question is on the mo- Barton Dreier Jackson (IL) tion offered by the gentleman from Bass Duncan Jackson-Lee the while being called for more and more mis- Bentsen Dunn (TX) sions. We are particularly thankful for the Virginia (Mr. SCHROCK) that the House Bereuter Edwards Jefferson Guard in my home State of Florida because of suspend the rules and agree to the con- Berkley Ehlers Jenkins Berman Ehrlich John the great support they offer. Whether it’s fight- current resolution, H.Con.Res. 47. The question was taken. Berry Emerson Johnson (CT) ing our wildfires or preparing for our hurri- Biggert Engel Johnson (IL) canes, the Guard is always there for us in our The SPEAKER pro tempore. In the Bilirakis English Johnson, E. B. time of need. opinion of the Chair, two-thirds of Blagojevich Eshoo Jones (NC) those present have voted in the affirm- Blumenauer Etheridge Jones (OH) I speak for my colleagues and all my con- Blunt Evans Kanjorski stituents in thanking every man and woman ative. Boehlert Everett Kaptur who puts their life on the line for this country. Mr. SCHROCK. Madam Speaker, on Boehner Farr Keller Not just when tragedy strikes, but for everyday that I demand the yeas and nays. Bonilla Fattah Kelly The yeas and nays were ordered. Bonior Ferguson Kennedy (MN) that you protect us from harm. The SPEAKER pro tempore. Pursu- Bono Filner Kennedy (RI) Mr. STEARNS. Madam Speaker, I want to Borski Flake Kerns ant to clause 8 of rule XX and the thank the gentleman for introducing this reso- Boswell Fletcher Kildee Chair’s prior announcement, further Boucher Foley Kilpatrick lution. Our thoughts and prayers are with the proceedings on this motion will be Boyd Ford Kind (WI) families and friends of these soldiers, and this postponed. Brady (PA) Fossella King (NY) tragedy serves as a reminder of the sacrifices Brady (TX) Frank Kingston made by those who serve and protect our f Brown (FL) Frelinghuysen Kirk Brown (OH) Frost Kleczka country. As many of us know, the plane’s crew ANNOUNCEMENT BY THE SPEAKER Brown (SC) Gallegly Knollenberg were members of the 171st Aviation Battalion PRO TEMPORE Bryant Ganske Kolbe of the Army Air National Guard based in Lake- Burr Gekas Kucinich The SPEAKER pro tempore. Pursu- Burton Gephardt LaFalce land, Florida. I came to find out that the Com- ant to clause 8 of rule XX, the Chair Buyer Gibbons LaHood mand pilot, Chief Warrant Officer John Duce will now put the question on each mo- Callahan Gilchrest Lampson was from my district. I especially want to con- tion to suspend the rules on which fur- Calvert Gillmor Langevin vey my heartfelt sympathies to his wife, son, Camp Gilman Lantos ther proceedings were postponed ear- Cantor Gonzalez Largent and daughter. lier today in the order in which that Capito Goode Larsen (WA) It should be no surprise to those who knew motion was entertained. Capps Goodlatte Larson (CT) John Duce that he was an extremely dedi- Capuano Gordon Latham Votes will be taken in the following Cardin Goss Leach cated pilot and family man. He was a deco- order: Carson (IN) Graham Lee rated veteran, having served in Vietnam and House Concurrent Resolution 31, by Carson (OK) Granger Levin Desert Storm. It has been said that he was a the yeas and nays; Castle Graves Lewis (GA) man you would want to go into combat with. Chabot Green (TX) Lewis (KY) H.R. 624, as amended, by the yeas and Chambliss Green (WI) Linder Chief Warrant Officer John Duce, his co- nays; and Clay Greenwood Lipinski pilot Chief Warrant Officer Eric Larson, and House Concurrent Resolution 47, by Clayton Grucci LoBiondo Staff Sergeant Robert Ward, and the 18 Vir- the yeas and nays. Clement Gutierrez Lofgren ginia Guardsmen were all equally dedicated to Clyburn Gutknecht Lowey The Chair will reduce to 5 minutes Coble Hall (OH) Lucas (KY) their jobs, their families, and their commu- the time for any electronic vote after Collins Hall (TX) Lucas (OK) nities. The men and women in our armed the first such vote in this series. Combest Hansen Luther Condit Harman Maloney (CT) services place their lives on the line daily, f where even routine training missions can carry Conyers Hart Maloney (NY) EXPRESSING SENSE OF CONGRESS Cooksey Hastings (FL) Manzullo the same risk as actual combat. Costello Hastings (WA) Markey So I ask my colleagues to remember those REGARDING IMPORTANCE OF Cox Hayes Mascara who serve our Nation. They may not have the ORGAN, TISSUE, BONE MARROW Coyne Hayworth Matheson AND BLOOD DONATION AND SUP- Cramer Hefley Matsui notoriety, but their service is immeasurable. I Crane Herger McCarthy (MO) thank Mr. SCHROCK again for introducing this PORTING NATIONAL DONOR DAY Crenshaw Hill McCarthy (NY) resolution and urge its adoption. The SPEAKER pro tempore. The Crowley Hilleary McCollum Mr. COLLINS. Madam Speaker, on March pending business is the question of sus- Cubin Hilliard McCrery Culberson Hinchey McDermott 3, a C–23 Sherpa aircraft was returning 18 pending the rules and agreeing to the Cummings Hinojosa McGovern members of the Virginia National Guard to concurrent resolution, H.Con.Res. 31. Cunningham Hobson McHugh their home following two weeks of training The Clerk read the title of the con- Davis (CA) Hoeffel McInnis duty in Florida, and tragically, the plane never current resolution. Davis (FL) Hoekstra McIntyre H682 CONGRESSIONAL RECORD — HOUSE March 7, 2001 McKeon Quinn Souder pending the rules and passing the bill, McCarthy (NY) Platts Solis McKinney Radanovich Spence McCollum Pombo Souder McNulty Rahall Spratt H.R. 624, as amended. McCrery Pomeroy Spence Meehan Ramstad Stark The Clerk read the title of the bill. McDermott Portman Spratt Meek (FL) Rangel Stearns The SPEAKER pro tempore. The McGovern Price (NC) Stark Meeks (NY) Regula Stenholm McHugh Putnam Stearns Menendez Rehberg Strickland question is on the motion offered by McInnis Quinn Stenholm Mica Reyes Stump the gentleman from Florida (Mr. BILI- McIntyre Radanovich Strickland Millender- Reynolds Sununu RAKIS) that the House suspend the rules McKeon Rahall Stump McDonald Riley Sweeney and pass the bill, H.R. 624, as amended, McKinney Ramstad Sununu Miller (FL) Rivers Tancredo McNulty Rangel Sweeney Miller, Gary Rodriguez Tanner on which the yeas and nays are or- Meehan Regula Tancredo Miller, George Roemer Tauscher dered. Meek (FL) Rehberg Tanner Mink Rogers (KY) Tauzin This is a 5-minute vote. Meeks (NY) Reyes Tauscher Moakley Rogers (MI) Taylor (MS) Menendez Reynolds Taylor (MS) Mollohan Rohrabacher Taylor (NC) The vote was taken by electronic de- Mica Rivers Taylor (NC) Moore Ros-Lehtinen Terry vice, and there were—yeas 404, nays 0, Millender- Rodriguez Terry Moran (KS) Ross Thomas not voting 28, as follows: McDonald Roemer Thomas Moran (VA) Rothman Thompson (CA) Miller (FL) Rogers (KY) Thompson (CA) Morella Roybal-Allard Thompson (MS) [Roll No. 31] Miller, Gary Rogers (MI) Thompson (MS) Murtha Royce Thornberry YEAS—404 Miller, George Rohrabacher Thornberry Myrick Rush Thune Mink Ros-Lehtinen Thune Nadler Ryan (WI) Thurman Abercrombie Cummings Hilliard Moakley Ross Thurman Napolitano Ryun (KS) Tiahrt Aderholt Cunningham Hinchey Mollohan Rothman Tiahrt Neal Sabo Tierney Akin Davis (CA) Hinojosa Moore Roybal-Allard Tierney Nethercutt Sanchez Toomey Allen Davis (FL) Hobson Moran (KS) Royce Toomey Ney Sanders Towns Andrews Davis (IL) Hoeffel Moran (VA) Rush Towns Northup Sandlin Traficant Armey Davis, Jo Ann Hoekstra Morella Ryan (WI) Traficant Norwood Sawyer Turner Baca Davis, Tom Holden Murtha Ryun (KS) Turner Nussle Saxton Udall (CO) Bachus Deal Holt Myrick Sabo Udall (CO) Oberstar Scarborough Udall (NM) Baird DeFazio Hooley Nadler Sanchez Udall (NM) Obey Schaffer Upton Baker DeGette Horn Napolitano Sanders Upton Olver Schakowsky Velazquez Baldacci Delahunt Hostettler Neal Sandlin Velazquez Ortiz Schiff Visclosky Baldwin DeLauro Houghton Nethercutt Sawyer Visclosky Osborne Schrock Vitter Ballenger DeLay Hoyer Ney Saxton Vitter Ose Scott Walden Barcia DeMint Hulshof Northup Scarborough Walden Otter Sensenbrenner Walsh Barrett Deutsch Hunter Norwood Schakowsky Walsh Owens Serrano Wamp Bartlett Diaz-Balart Hutchinson Nussle Schiff Wamp Pallone Sessions Waters Barton Dicks Hyde Oberstar Schrock Waters Pascrell Shadegg Watkins Bass Dingell Inslee Obey Scott Watkins Pastor Shaw Watt (NC) Bentsen Doggett Isakson Olver Sensenbrenner Watt (NC) Paul Shays Watts (OK) Bereuter Dooley Israel Ortiz Serrano Watts (OK) Payne Sherman Waxman Berkley Doyle Issa Osborne Sessions Waxman Pelosi Sherwood Weiner Berman Dreier Jackson (IL) Ose Shaw Weiner Pence Shimkus Weldon (FL) Berry Duncan Jackson-Lee Otter Shays Weldon (FL) Peterson (MN) Simmons Weldon (PA) Biggert Dunn (TX) Owens Sherman Weldon (PA) Peterson (PA) Simpson Weller Bilirakis Edwards Jefferson Pallone Sherwood Weller Petri Sisisky Wexler Blagojevich Ehlers Jenkins Pascrell Shimkus Wexler Phelps Skeen Whitfield Blumenauer Ehrlich John Pastor Simmons Whitfield Pickering Skelton Wicker Blunt Emerson Johnson (CT) Payne Simpson Wicker Pitts Slaughter Wilson Boehlert Engel Johnson (IL) Pelosi Sisisky Wilson Platts Smith (MI) Wolf Boehner English Johnson, E. B. Pence Skeen Wolf Pombo Smith (NJ) Woolsey Bonilla Eshoo Jones (NC) Peterson (MN) Skelton Woolsey Pomeroy Smith (TX) Wu Bonior Etheridge Jones (OH) Peterson (PA) Slaughter Wu Portman Smith (WA) Wynn Bono Evans Kanjorski Petri Smith (NJ) Wynn Price (NC) Snyder Young (AK) Borski Everett Kaptur Phelps Smith (TX) Young (FL) Putnam Solis Young (FL) Boswell Farr Keller Pickering Smith (WA) Boucher Fattah Kelly Pitts Snyder NOT VOTING—14 Boyd Ferguson Kennedy (MN) Ackerman Johnson, Sam Roukema Brady (PA) Filner Kennedy (RI) NOT VOTING—28 Becerra LaTourette Shows Brady (TX) Fletcher Kerns Ackerman Istook Schaffer Bishop Lewis (CA) Stupak Brown (FL) Foley Kildee Barr Johnson, Sam Shadegg Cannon Oxley Tiberi Brown (OH) Ford Kilpatrick Becerra Largent Shows Doolittle Pryce (OH) Brown (SC) Fossella Kind (WI) Bishop LaTourette Smith (MI) Bryant Frank King (NY) Cubin Lewis (CA) Stupak b 1404 Burr Frelinghuysen Kingston Doolittle Oxley Tauzin Burton Frost Kirk Mr. GUTIERREZ changed his vote Flake Paul Tiberi Buyer Gallegly Kleczka Gilchrest Pryce (OH) Young (AK) from ‘‘nay’’ to ‘‘yea.’’ Callahan Ganske Knollenberg Herger Riley So (two-thirds having voted in favor Calvert Gekas Kolbe Honda Roukema thereof) the rules were suspended and Camp Gephardt Kucinich Cannon Gibbons LaFalce b 1414 the concurrent resolution was agreed Cantor Gillmor LaHood to. Capito Gilman Lampson So (two-thirds having voted in favor The result of the vote was announced Capps Gonzalez Langevin thereof) the rules were suspended and as above recorded. Capuano Goode Lantos the bill, as amended, was passed. Cardin Goodlatte Larsen (WA) The result of the vote was announced A motion to reconsider was laid on Carson (IN) Gordon Larson (CT) the table. Carson (OK) Goss Latham as above recorded. f Castle Graham Leach A motion to reconsider was laid on Chabot Granger Lee the table. ANNOUNCEMENT BY THE SPEAKER Chambliss Graves Levin Stated for: PRO TEMPORE Clay Green (TX) Lewis (GA) Clayton Green (WI) Lewis (KY) Mr. Smith of Michigan. Madam Speaker, on The SPEAKER pro tempore (Mrs. Clement Greenwood Linder rollcall No. 31 I was unavoidably detained. BIGGERT). Pursuant to clause 8 of rule Clyburn Grucci Lipinski Had I been present, I would have voted ‘‘yea.’’ XX, the Chair will reduce to 5 minutes Coble Gutierrez LoBiondo Mr. RILEY. Madam Speaker, I was unavoid- Collins Gutknecht Lofgren the minimum time for electronic vot- Combest Hall (OH) Lowey ably detained for rollcall No. 31, the Organ ing on each additional motion to sus- Condit Hall (TX) Lucas (KY) Donation Improvement Act. Had I been pend the rules on which the Chair has Conyers Hansen Lucas (OK) present I would have voted ‘‘yea.’’ Cooksey Harman Luther postponed further proceedings. Costello Hart Maloney (CT) f f Cox Hastings (FL) Maloney (NY) ANNOUNCEMENT BY THE SPEAKER Coyne Hastings (WA) Manzullo ORGAN DONATION IMPROVEMENT Cramer Hayes Markey PRO TEMPORE ACT OF 2001 Crane Hayworth Mascara The SPEAKER pro tempore. Without Crenshaw Hefley Matheson The SPEAKER pro tempore. The Crowley Hill Matsui objection, the next vote will be a 5- pending business is the question of sus- Culberson Hilleary McCarthy (MO) minute vote. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H683 There was no objection. were not notified when we did the col- REQUEST FOR EXTENSION OF DE- f loquy, the gentleman and I here last BATE TIME ON S.J. RES. 6, DIS- week, that this bill was coming up on APPROVING DEPARTMENT OF LEGISLATIVE PROGRAM the floor this week. It is a significant LABOR RULE RELATING TO (Mr. ARMEY asked and was given bill. It means a lot to many people in ERGONOMICS permission to address the House for 1 this country. You know the numbers as Mr. BONIOR. Madam Speaker, I ask minute.) well as I do. It affects 110 million work- Mr. ARMEY. Madam Speaker, I ask unanimous consent that the time that ers. We were not told that it would be was designated under the rule this to speak out of order for the purpose of before us this week, number one. making an announcement about the morning be extended from 60 minutes Secondly, we think an hour, 60 min- to an hour and 20 minutes evenly di- schedule. utes, on such a significant bill, divided Madam Speaker, I would like to ad- vided on each side. One hundred and 30 minutes on your side and 30 minutes twenty minutes. vise the Members that we will have on ours, is far too inadequate to deal this vote in just a few minutes, and Mr. ARMEY. Two hours. with something of this major propor- The SPEAKER pro tempore (Mrs. after that vote the House will go into tion, especially given that this review recess until approximately 5:30 this BIGGERT). Is there objection to the re- act is new. quest of the gentleman from Michigan? evening. Mr. ARMEY. Madam Speaker, I real- Mr. MCINNIS. Madam Speaker, I ob- When we reconvene between 5:30 and ly do not believe that it is valuable to ject. 6:00, we will begin the debate on the continue this discussion much longer, The SPEAKER pro tempore. Objec- ergonomics legislation. The rule calls but let me say that the gentleman is tion is heard. for 1 hour’s debate, so the body could correct in observing that there was no expect then to have a vote on the floor discussion about this bill during the f between 6:30 and 7:00 this evening. colloquy of last week because we did POINT OF ORDER Those Members who would desire to not know then that the Senate would be involved in that debate on that leg- send this bill to us. Mr. DICKS. Madam Speaker, point of islation would be advised to be pre- The Senate has sent this bill to us. It order. Did the person stand that ob- pared to be here by 5:30 this evening to is considered to be an important bill, jected? begin that debate. as witness the fact that this body, just The SPEAKER pro tempore. Yes, sev- Mr. BONIOR. Madam Speaker, will a few hours ago, voted a rule with clear eral Members stood and objected. The the gentleman yield? anticipation of bringing this legisla- RECORD will indicate Mr. MCINNIS stood Mr. ARMEY. I yield to the gentleman tion up tonight. So the body has ex- and objected. from Michigan. pressed its will on the rule, and the Mr. BONIOR. Madam Speaker, I f purpose of my announcement is to in- thank my colleague for informing us of form this body that we will indeed take HONORING 21 MEMBERS OF NA- the schedule for the rest of the day. TIONAL GUARD KILLED IN Madam Speaker, let me suggest to up this work, the rule for which you passed; and it will be taken up under CRASH ON MARCH 3, 2001 the gentleman from Texas (Mr. ARMEY) The SPEAKER pro tempore. The that since the other body debated this the conditions of that rule between 5:30 pending business is the question of sus- most important worker safety provi- and 6. Mr. BONIOR. Madam Speaker, if the pending the rules and agreeing to the sion, probably one of the more impor- gentleman will continue to yield, we concurrent resolution, H. Con. Res. 47. tant ones we have had in a decade, for are trying to do this in a civil way. I The Clerk read the title of the con- 10 hours, why we cannot in the interim understand the gentleman’s point. I current resolution. between now and 5:30 extend the time wish Members on their side of the aisle The SPEAKER pro tempore. The so that Members who wish to speak on would listen and try to understand our question is on the motion offered by this on both sides of the aisle would position because we are trying to make the gentleman from Virginia (Mr. have proper time to develop their argu- a point. I have heard the gentleman’s SCHROCK) that the House suspend the ments. It seems to me that an hour is far too explanation. Some I agree with; some I rules and agree to the concurrent reso- insufficient to deal with the issue of do not agree with. There is no neces- lution, H. Con. Res. 47, on which the this magnitude. sity to bring this bill up just because yeas and nays are ordered. Madam Speaker, I would request the the Senate, the other body, acted on it This will be a 5-minute vote. gentleman from Texas (Mr. ARMEY), recently, especially in lieu of the fact The vote was taken by electronic de- the majority leader, to give us some that as I said earlier, we were not given vice, and there were—yeas 413, nays 0, extra time so we can debate this fully. notice that this bill was coming up. not voting 19, as follows: We are prepared to deal with it [Roll No. 32] b 1415 today, but we are not prepared to deal YEAS—413 with it at 5:30 with an hour debate Mr. ARMEY. Madam Speaker, I Abercrombie Blunt Carson (OK) thank the gentleman for his inquiry. when we go into recess when we have Aderholt Boehlert Castle Let me say, Madam Speaker, one of the got plenty of time to give Members on Akin Boehner Chabot fascinating aspects of the other body is the floor of the House to express them- Allen Bonilla Chambliss Andrews Bonior Clay that a 10-hour period of debate is selves. We will not have a proper de- Armey Bono Clayton known in the other body as expedited bate on one of the most important Baca Borski Clement procedure. They adhere to that min- pieces of legislation we will have before Bachus Boswell Clyburn us this year. Why we cannot get an Baird Boucher Coble imum amount of time under which Baker Boyd Collins they can consider legislation. extra hour for debate is beyond me be- Baldacci Brady (PA) Combest We have a rule, a rule that has been tween now and this hiatus of 5:30. If it Baldwin Brady (TX) Condit passed by the House, that calls for an is in order, I would like to move and Ballenger Brown (FL) Conyers Barcia Brown (OH) Costello hour’s debate. The House, having ex- ask unanimous consent that we add an- Barr Brown (SC) Cox pressed its will on that rule, clearly other hour of debate to the rule that Barrett Bryant Coyne has committed itself to that course of was passed just recently. Bartlett Burr Cramer action, voted on by the House; and that Mr. ARMEY. Madam Speaker, I be- Barton Burton Crane Bass Buyer Crenshaw time will begin between 5:30 and 6. lieve I control the time. The gentleman Bentsen Calvert Crowley Mr. BONIOR. Will the gentleman is going to ask me to yield him time Bereuter Camp Culberson continue to yield? for the purpose of a unanimous consent Berkley Cannon Cummings Mr. ARMEY. I am happy to continue Berman Cantor Cunningham request. Berry Capito Davis (CA) to yield to the gentleman from Michi- Mr. BONIOR. Madam Speaker, that is Biggert Capps Davis (FL) gan. correct. Bilirakis Capuano Davis (IL) Mr. BONIOR. I would say to my Mr. ARMEY. I yield to the gentleman Blagojevich Cardin Davis, Jo Ann friend from Texas, number one, we from Michigan. Blumenauer Carson (IN) Davis, Tom H684 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Deal Jefferson Otter Tiahrt Walden Wexler There was no objection. DeFazio Jenkins Owens Tierney Walsh Whitfield The SPEAKER pro tempore. Addi- DeGette John Pallone Toomey Wamp Wicker Delahunt Johnson (CT) Pascrell Towns Waters Wilson tional Members will be designated at a DeLauro Johnson (IL) Pastor Traficant Watkins Wolf later time. Turner Watt (NC) Woolsey DeLay Johnson, E. B. Paul f DeMint Jones (NC) Payne Udall (CO) Watts (OK) Wu Deutsch Jones (OH) Pelosi Udall (NM) Waxman Wynn DISAPPROVING DEPARTMENT OF Diaz-Balart Kanjorski Pence Upton Weiner Young (AK) LABOR RULE RELATING TO Dicks Kaptur Peterson (MN) Velazquez Weldon (FL) Young (FL) Dingell Keller Peterson (PA) Visclosky Weldon (PA) ERGONOMICS Doggett Kelly Petri Vitter Weller Mr. BOEHNER. Mr. Speaker, pursu- Dooley Kennedy (MN) Phelps NOT VOTING—19 Doyle Kennedy (RI) Pickering ant to House Resolution 79, I call up Dreier Kerns Pitts Ackerman Herger Sanchez the Senate joint resolution (S.J. Res. 6) Duncan Kildee Platts Becerra Johnson, Sam Shadegg providing for congressional disapproval Dunn Kilpatrick Pombo Bishop LaTourette Shows of the rule submitted by the Depart- Edwards Kind (WI) Pomeroy Callahan Lewis (CA) Stupak Ehlers King (NY) Portman Cooksey Oxley Tiberi ment of Labor under chapter 8 of title Ehrlich Kingston Price (NC) Cubin Pryce (OH) 5, United States Code, relating to Emerson Kirk Putnam Doolittle Rush ergonomics, and ask for its immediate Engel Kleczka Quinn b 1432 consideration. English Knollenberg Radanovich The Clerk read the title of the Senate Eshoo Kolbe Rahall So (two-thirds having voted in favor Etheridge Kucinich Ramstad joint resolution. Evans LaFalce Rangel thereof) the rules were suspended and The text of the Senate joint resolu- Everett LaHood Regula the concurrent resolution was agreed tion is as follows: Farr Lampson Rehberg to. S.J. RES. 6 Fattah Langevin Reyes The result of the vote was announced Ferguson Lantos Reynolds Resolved by the Senate and House of Rep- Filner Largent Riley as above recorded. resentatives of the United States of America in Flake Larsen (WA) Rivers A motion to reconsider was laid on Congress assembled, That Congress dis- Fletcher Larson (CT) Rodriguez the table. approves the rule submitted by the Depart- Foley Latham Roemer ment of Labor relating to ergonomics (pub- Ford Leach Rogers (KY) f Fossella Lee Rogers (MI) lished at 65 Fed. Reg. 68261 (2000)), and such Frank Levin Rohrabacher RECESS rule shall have no force or effect. Frelinghuysen Lewis (GA) Ros-Lehtinen The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. Pursu- Frost Lewis (KY) Ross ant to House Resolution 79, the gen- Gallegly Linder Rothman BIGGERT). Pursuant to clause 12 of rule Ganske Lipinski Roukema I, the Chair declares the House in re- tleman from Ohio (Mr. BOEHNER) and Gekas LoBiondo Roybal-Allard cess subject to the call of the Chair. the gentleman from California (Mr. Gephardt Lofgren Royce Accordingly (at 2 o’clock and 31 min- GEORGE MILLER) each will control 30 Gibbons Lowey Ryan (WI) minutes. Gilchrest Lucas (KY) Ryun (KS) utes p.m.), the House stood in recess Gillmor Lucas (OK) Sabo subject to the call of the Chair. The Chair recognizes the gentleman Gilman Luther Sanders from Ohio (Mr. BOEHNER). f Gonzalez Maloney (CT) Sandlin GENERAL LEAVE Goode Maloney (NY) Sawyer Goodlatte Manzullo Saxton b 1747 Mr. BOEHNER. Mr. Speaker, I ask unanimous consent that all Members Gordon Markey Scarborough COMMUNICATION FROM HON. RICH- Goss Mascara Schaffer may have 5 legislative days within Graham Matheson Schakowsky ARD A. GEPHARDT, DEMOCRATIC which to revise and extend their re- Granger Matsui Schiff LEADER Graves McCarthy (MO) Schrock marks on S.J. Res. 6. Green (TX) McCarthy (NY) Scott The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Is there Green (WI) McCollum Sensenbrenner fore the House the following commu- objection to the request of the gen- Greenwood McCrery Serrano nication from RICHARD A. GEPHARDT, tleman from Ohio? Grucci McDermott Sessions Gutierrez McGovern Shaw Democratic Leader: There was no objection. Gutknecht McHugh Shays HOUSE OF REPRESENTATIVES, Mr. BOEHNER. Mr. Speaker, I yield Hall (OH) McInnis Sherman OFFICE OF THE DEMOCRATIC LEADER, myself such time as I may consume. Hall (TX) McIntyre Sherwood Washington, DC, March 7, 2001. Mr. Speaker, I am pleased to bring Hansen McKeon Shimkus Harman McKinney Simmons Hon. J. DENNIS HASTERT, this matter of great importance to our Hart McNulty Simpson Speaker, House of Representatives, U.S. Capitol, economy to the floor of the House for Hastings (FL) Meehan Sisisky Washington, DC. debate. For the first time the House Hastings (WA) Meek (FL) Skeen DEAR MR. SPEAKER: Pursuant to clause will act under the auspices of the Con- Hayes Meeks (NY) Skelton 5(a)(4)(A) of Rule X of the Rules of the House gressional Review Act of 1996. We do so Hayworth Menendez Slaughter of Representatives I designate the following Hefley Mica Smith (MI) Member to be available for service on an in- because of the over-reaching Hill Millender- Smith (NJ) ergonomics regulation finalized by the Hilleary McDonald Smith (TX) vestigative subcommittee of the Committee Hilliard Miller (FL) Smith (WA) on Standards of Official Conduct: Occupational Safety and Health Ad- Hinchey Miller, Gary Snyder Mr. Clyburn of South Carolina. ministration last November. Hinojosa Miller, George Solis Sincerely, The ergonomics regulation has long Hobson Mink Souder RICHARD A. GEPHARDT, been the subject of much debate in this Hoeffel Moakley Spence Democratic Leader. Hoekstra Mollohan Spratt House. Yet despite the efforts of so Holden Moore Stark f many in Congress to get OSHA’s atten- Holt Moran (KS) Stearns tion about specific concerns with APPOINTMENT OF MEMBER TO IN- Honda Moran (VA) Stenholm ergonomics regulations, the regulators Hooley Morella Strickland VESTIGATIVE SUBCOMMITTEES have not listened. Horn Murtha Stump OF COMMITTEE ON STANDARDS Hostettler Myrick Sununu Well, contrary to the belief of many, Houghton Nadler Sweeney OF OFFICIAL CONDUCT Congress is neither a bit player nor an Hoyer Napolitano Tancredo The SPEAKER pro tempore (Mr. innocent bystander in the regulatory Hulshof Neal Tanner Hunter Nethercutt Tauscher HANSEN). Without objection, and pursu- process. In considering this joint reso- Hutchinson Ney Tauzin ant to clause 5(a)(4)(A) of rule X, the lution, Congress will demonstrate that Hyde Northup Taylor (MS) Chair announces the Speaker’s ap- we do indeed read the fine print in the Inslee Norwood Taylor (NC) Isakson Nussle Terry pointment of the following Member of Code of Federal Regulations. Israel Oberstar Thomas the House to serve on investigative Since the ergonomics regulation Issa Obey Thompson (CA) subcommittees of the Committee on went into effect 4 days before the start Istook Olver Thompson (MS) Standards of Official Conduct for the of the new administration, I have heard Jackson (IL) Ortiz Thornberry Jackson-Lee Osborne Thune 107th Congress: from numerous companies and associa- (TX) Ose Thurman Mr. HULSHOF of Missouri. tions employing hundreds of thousands March 7, 2001 CONGRESSIONAL RECORD — HOUSE H685 of workers. Each one has asked that for their family. Some of them lose the This is legislation that simply says a the House pass a joint resolution of dis- ability to even ever go back to work, standard written by the Labor Depart- approval on this ergonomics regula- they are so badly damaged. But one of ment is very bad. It does not mean we tion. And why is that? the things we know is that most of cannot come back and have decent Not because they are anti-worker or these injuries are preventable. standards. But when we have one that opposed to safety and health protec- The workplace can be adjusted. We is bad and wrong and it will hurt the tions in the workplace. Many of these see it all of the time, in the super- workers and patients, then we should employers already have their own well- market, in the offices, in the hospitals. do away with it and begin again. established ergonomics programs in We have made adjustments to try to I do not think this is an argument place. Now they find themselves con- protect these workers. But what this about science. The National Academy fronted with an unworkable, excessive legislation does today, it says you can- of Science has said, yes, there is such a regulation that will create more prob- not have this standard as a matter of thing as musculoskeletal pain. We all lems than it solves. national right. So if you do not have agree there is such a thing as repet- We will hear much today about the protection in that workplace, if you do itive motion injury and it can occur in congressionally mandated National not have protection in that State that the workplace. But it gets very cloudy Academy of Sciences study on mus- is adequate, you do not get it now, be- at that point. It is not clear what they culoskeletal disorders in the work- cause if we vote to repeal the standard mean by that. For the record I will tell place. Let me make two important ob- that is now on the books to protect Members exactly what the National servations about that study. First, de- workers, we do not get to come back. Academy says. They said this is a very spite Congress’ desires that OSHA wait I appreciate what the Secretary of complex nature of musculoskeletal dis- until completion of the National Acad- Labor has said. But the law as written order phenomenon and it makes it very emy study before going forward with says you do not get to come back and difficult to regulate in the workplace an ergonomics regulation, OSHA com- write an equivalent standard, a stand- with any precision. They go on to say pleted its ergonomics regulation with- ard that is similar to this, because that the common musculoskeletal dis- out the benefit of the National Acad- then someone will take you to court order is uniquely caused by work expo- emy study. and you will be violating the law. This sures. Secondly, while the study confirms is about the repeal of the protections of I urge us all to do away with this that MSDs are a problem and there are 6 million workers who go to work every rule. ways to help alleviate them in the day. Mr. GEORGE MILLER of California. workplace, many of which are already I do not know if my colleagues recog- Mr. Speaker, I yield 2 minutes to the being done by employers, the National nize them when the Fed Ex driver gentlewoman from New York (Mrs. Academy of Sciences study does not comes to their door. I do not know if LOWEY). offer an opinion or endorsement of this they recognize these workers as the Mrs. LOWEY. Mr. Speaker, I rise in ergonomics rule. flight attendants who are wearing strong opposition to this joint resolu- Again, no one is opposed to providing braces on their wrists. I do not know if tion. Here we go again. This is yet an- appropriate ergonomics protections in they recognize them at Wal-Mart and other attempt to block the protection the workplace. The Secretary of Labor Home Depot as they are wearing belts of the American worker from repet- has indicated her intent to pursue a around their back, as they are wearing itive stress injuries. My colleagues, comprehensive approach to ergonomics braces on their wrist because of those enough is enough. The science exists. protections. I look forward to working activities, but those are the people The evidence has been gathered. The with her and my colleagues on such an that make America go. The least they public comment has been heard. And effort. But this ergonomics rule that ought to have is protection against frankly our experiences in our own of- we are debating today cannot stand, those damaging kinds of injuries. The fices confirms it. We will fight to keep and I strongly urge my colleagues to least they ought to have is compensa- these rules. We will fight for the Amer- support the resolution of disapproval. tion to take care of them. And they ican worker. We will fight for what is Mr. Speaker, I reserve the balance of ought to understand that we ought to right. my time. be trying to improve these workplaces. Each year, more than 650,000 Ameri- Mr. GEORGE MILLER of California. When we do it, we save employers mil- cans suffer disorders caused by repet- Mr. Speaker, I yield myself 3 minutes. lions of dollars. When we do it, we keep itive motion, heavy lifting or awkward (Mr. GEORGE MILLER of California workers from getting injured. postures that occur in the workplace. asked and was given permission to re- But this now says that we are not These disorders account for more than vise and extend his remarks.) going to have that as a matter of a third of all workplace injuries. Imple- Mr. GEORGE MILLER of California. standard. This now says that we are mentation of these rules would save Mr. Speaker, the matter before the going to take 10 years of medical evi- workers and employers more than $9 House tonight is nothing more than a dence, 10 years of scientific evidence, 10 billion each year and increase produc- frontal assault on the rights of mil- years of testimony by workers, men tivity and lower health care costs. We lions of workers, millions of workers and women all across this country, must try our best to prevent these in- who get up and go to work every day about the damage that they have suf- juries. These are serious health prob- and work hard on behalf of their em- fered and the manner in which it can lems and OSHA should be able to work ployer and on behalf of their family so be prevented. And in 1 hour of debate with employers and employees to pre- they can provide for their family, so tonight, we are going to throw that ar- vent and relieve them. It is time to they can provide a standard of living gument out. We are going to throw stop these injuries. It is time to live up that they desire for their children. these standards out. We are going to to our obligation to protect American In the process of working every day, take this protection away from Amer- workers. Vote no on this resolution. many of these workers suffer injuries ica’s working men and women. It is not to their hands, wrists, to their back fair to them. It is not fair to their fam- b 1800 and neck because they have repetitive ilies. It is not fair to the standard of motion in their jobs. Whether they are living that they are trying to main- Mr. BOEHNER. Mr. Speaker, I yield keypunch operators, whether they tain. 11⁄2 minutes to the gentleman from work in a warehouse, whether they I would urge that we vote against North Carolina (Mr. BALLENGER). work as a baggage handler or waitress this resolution. Mr. BALLENGER. Mr. Speaker, I or waiter in a restaurant, whether they Mr. BOEHNER. Mr. Speaker, I yield 1 thank the gentleman from Ohio (Mr. work in a lumber mill or hospital, minute to the gentleman from Georgia BOEHNER) for yielding me this time. these workers suffer these injuries, (Mr. NORWOOD), the chairman of the Mr. Speaker, throughout my tenure some 600,000 of them every year. OSHA subcommittee. on the Committee on Education and As a result of these injuries, these Mr. NORWOOD. Mr. Speaker, I would the Workforce, I have opposed the cost- workers lose wages, they lose hours of like to take this quickly and make it ly and overreaching ergonomics stand- work, they lose the ability to provide very clear what this is about today. ard that was finalized by the Clinton H686 CONGRESSIONAL RECORD — HOUSE March 7, 2001 administration. I believe this ill-con- This motion represents a betrayal of under the Congressional Review Act which ceived regulation will have a detri- promises made to the women of Amer- regulates the Ergonomics Standard. Every mental effect on American business ica. In 1998, the House Committee on year, more than 600,000 U.S. workers suffer and its workers. Appropriations majority report stated painful repetitive strain and back injuries on This ergonomics regulation is very the committee will refrain from any the job. These ‘‘ergonomic’’ injuries are broad and presumes that every muscle further restrictions with regard to the caused by heavy lifting, repetitive work and strain and pain is caused by work in- development, promulgation or issuance poorly designed jobs. Ergonomic injuries are stead of gardening on the weekend or of an ergonomics standard following the biggest job safety problem U.S. workers playing football with friends. How can fiscal year 1998. face. business correct or why should it be re- The chairman signed and sent a let- As the Co-Chair of the Congressional Cau- sponsible for pains that do not occur at ter reiterating that promise. What we cus on Women’s Issues, I am particularly con- the workplace? How could business pos- have here are broken promises, broken cerned about the disproportionate effect re- sibly be expected to control these bodies, broken faith in government. pealing ergonomics standards will have on costs? This ought to be defeated. women. Last fall, the gentleman from New Mr BOEHNER. Mr. Speaker, I yield Women workers are particularly affected by York (Mr. OWENS) and I passed the 11⁄2 minutes to the gentleman from Mis- these injuries. Women make up 46 percent of OSHA Needlestick legislation, and it souri (Mr. BLUNT), the chief deputy the overall workforce, but in 1998 in fact ac- was bipartisan and bicameral. The dif- whip of the House. counted for 64 percent of repetitive motion in- ference between that legislation that Mr. BLUNT. Mr. Speaker, I thank juries (42,347 out of 65,866 reported cases) we passed and this one is the fact that the gentleman from Ohio (Mr. and 71 percent of reported carpal tunnel syn- we targeted a specific problem and we BOEHNER) for yielding me this time. drome cases (18,719 out of 26,266 reported solved it with a flexible solution that is Mr. Speaker, I am also glad to see cases). There is strong consensus within the endorsed by both employers and em- the Congress using for the first time scientific community, based on an extensive ployees. the Congressional Review Act. It has body of evidence that the consequences of This ergonomics standard, on the been very comfortable for a long time ergonomics-related illnesses are serious and other hand, targets every motion of to not use this act. This act was not on must be addressed. every work activity and gives no spe- the books until 1996, and to say that we Janie Jones told a group the carpal tunnel cific solutions. Not giving employers cannot do anything about regulation syndrome she developed in both her hands specific targets and solutions is unfair no matter what the cost, no matter came after working in a poultry plant where for both workers and employers. Amer- what the cost to competitiveness, no she and other workers on the deboning line ican workers deserve better. matter how ill-conceived it is, no mat- were expected to process 28 chickens a Even OSHA is projecting that this ter how unbased it is on true science, minute—some 1,680 an hour—with just a 15- standard will prevent only 50 percent of we could not do anything, has been a minute break in the morning and one in the the problems it seeks to fix. However, great excuse for the Congress to use for afternoon plus a 30-minute lunch break. This that same regulation is estimated to decades now. should be unconscionable here in America. Ms. Jones reported that even after having cost the American business at least Many Members on the floor today surgery to try to relieve the pain, it was still $100 billion. Why would one risk bank- voted in 1996 to give the Congress the difficult for her to do housework and cooking. rupting business with a broad Federal authority to use the Congressional Re- She said if OSHA’s ergonomics standard had regulation when many industries, such view Act. My good friend, the gen- been in effect while she was on the deboning as poultry, have voluntarily imple- tleman from Ohio (Mr. KUCINICH), just line, her hands wouldn’t be riddled with crip- mented programs which have reduced said that this could not be addressed pling pain today. repetitive trauma disorders to almost again. Mr. Speaker, it is imperative to protect the When we look at the legislative his- 50 percent or 46 percent, in 5 years? ergonomics standard so that workers across I urge my colleagues to vote for this tory of the Congressional Review Act, this nation, many of whom are women, will resolution. Let us protect American it is clear that this issue can be ad- have the opportunity to continue working in business and, most importantly, Amer- dressed again. In fact, the Secretary of safe and productive environments. ican jobs. Labor said today and earlier this week Mr. GEORGE MILLER of California. Mr. GEORGE MILLER of California. as well that she intended to start im- Mr. Speaker, I yield 2 minutes to the 1 Mr. Speaker, I yield 1 ⁄2 minutes to the mediately looking at a more common gentleman from Wisconsin (Mr. OBEY). gentleman from Ohio (Mr. KUCINICH). sense way to really address these prob- Mr. OBEY. Mr. Speaker, this resolu- Mr. KUCINICH. Mr. Speaker, I am lems. tion is a disgrace. I do not agree with glad my good friend mentioned busi- The legislative history states that every aspect of the rule that OSHA ness because from a business perspec- the same regulation cannot be sent adopted; but if one disagrees with it, tive this motion is narrow minded. A back essentially with one or two words the proper way to change it is to have productive workforce is a healthy and changed. It talks about not being able the Department of Labor propose skilled workforce. to send back similar regulation. When changes, have an open hearing and When workplace injuries cause work- we look carefully, it is clear that we comment process and then come up ers to take time away, businesses have can send back regulations in the same with changes to the rule. to train new workers and pay higher area; in this case, regulations that still Instead, what this action does is it worker’s compensation premiums. All allow American businesses to compete, represents a blanket wipe-out of vir- of these costs will get higher and high- that ensure that we maintain jobs tually every protection that workers er if this motion passes. That esca- rather than lose jobs; that ensure that have in this country from repetitive lation will cut into productivity and this set of regulations can be brought motion injuries. It was done without render American business less competi- back in a much different and better notice, without hearings, without con- tive in the future. way. sultation and without any spirit of Beyond that, this motion will stop Mr. GEORGE MILLER of California. compromise whatsoever. OSHA from protecting Americans Mr. Speaker, I yield such time as she If there is any remaining illusion in against repetitive stress disorder, car- may consume to the gentlewoman from this House that the House leadership is pal tunnel syndrome and the physical California (Ms. MILLENDER-MCDONALD). interested in bipartisanship, this is ex- injuries that workers sustain every (Ms. MILLENDER-MCDONALD hibit number one in the fact that that day. Many of these millions are asked and was given permission to re- is pure fiction. women. They are our mothers, our vise and extend her remarks.) It is very easy for Members of Con- aunts, our sisters and our daughters. Ms. MILLENDER-McDONALD. Mr. gress to vote to do away with these Each year 400,000 women workers suf- Speaker, I rise in opposition to this protections for workers because the fer injuries from dangerously designed joint resolution on behalf of the women only repetitive motion injury that jobs. Sixty-nine percent of all workers of the Nation. Members of Congress are likely to get who suffer from carpal tunnel syn- Mr. Speaker, I rise in opposition to the Joint is to their knees from consistent genu- drome are women. Resolution which repeals a job safety measure flecting to every special interest in March 7, 2001 CONGRESSIONAL RECORD — HOUSE H687 this country. But the real workers of the employer and the employee to re- going to stop this ship before it hits this country, the people who work with solve these situations. the iceberg and we are going to bring it the sweat of their brows, the people The rule is a very short rule, 9 pages. home safely and it is going to be safer who lift weight that is too heavy, the It is very clear. It is flexible, and if it for the workers on board American people who go through motions that were not flexible we would hear com- businesses. are too injurious over time, the people plaints about how it was too rigid and Mr. GEORGE MILLER of California. I meet every day in plants as I go prescriptive, but it is flexible. The em- Mr. Speaker, I yield 2 minutes to the through my district, those are the peo- ployees and employers can work out gentlewoman from Hawaii (Mrs. MINK). ple who expect us to do our duty and solutions to it in the best way possible, (Mrs. MINK of Hawaii asked and was stand up for them because they are too and it can happen and should happen given permission to revise and extend busy to stand up for themselves. for the number of injuries that go on her remarks.) Do what is right. Vote no on this res- year in and year out. Mrs. MINK of Hawaii. Mr. Speaker, olution. For a few businesses that have this this legislation that we are being asked Mr. BOEHNER. Mr. Speaker, I yield continued practice and refuse to deal to vote on today is a piece of legisla- 11⁄2 minutes to the gentleman from with it, they have cast aside millions tion which will actually be injurious to Iowa (Mr. GANSKE), a surgeon in the of workers and their problems. Let me thousands of women all across this House. say every time there is a regulation, country. The women are the ones who Mr. GANSKE. Mr. Speaker, I am the we hear from industry how it is going hold down the lowest paying jobs in only Member of Congress who has oper- to be the ruination of the industry. this country. They are the most that ated on patients with repetitive stress Back in 1995, the Office of Tech- are on minimum wage, and they are injury. I am a member of the American nology Assessment released a study of the ones who are affected by the type Society for Surgery of the Hand and six OSHA rules. Every single one of of injuries that we are attempting to the American Association of Hand Sur- them the industry said would be the find some sort of protective safety reg- geons. I have taken care of hundreds of ruin of business; but in the end, it ulations. patients with these problems. turned out that they had overesti- All of us know when we deal with our There are thousands of hand surgeons mated the cost from between 50 to 300 own health, we believe that preventive around the country who share my times. In fact, in five out of six of those measures are the things that are going views on this. I share, we share, instances, the OSHA estimates were to save our lives. There is no one here OSHA’s concerns about the health and the correct estimates; or, in fact, they that would vote against preventive safety of workers and are dedicated to were overestimates. So that they were health measures, and yet today the help prevent workplace injuries. How- not as ruinous. In fact, they did resolve majority of this body is asking the leg- ever, we believe that OSHA’s new things to get people a better, healthier islature here to vote against preventive ergonomics rules are not founded on ‘‘a way of conducting their business. worker safety legislation that will substantial body of evidence’’. This is not a practice that should be have the effect of saving tens of thou- We agree with the National Research condoned. We have a process. This sands of people from having to be laid Council that we need a much better un- process is being cast aside for purely off their jobs; lost productivity for that derstanding of the mechanisms that political reasons in many instances. particular business. It just does not underlie the relationships between the The fact of the matter is, the process make sense. causal factors and outcomes. worked. It was started by a Republican All this legislation is that the OSHA This rule, in our opinion, could actu- Secretary of Labor. The understanding people are trying to advocate for is ally harm workers. For instance, OSHA has always been there that these inju- worker safety. Who can be against describes ‘‘observable’’ physical science ries are harmful and can be resolved. It worker safety? that constitute a recordable musculo- continues on now. As I said, in 10 min- There are thousands of people out skeletal disease. These signs include utes, they are being cast aside and there who have to go home, injured increased grip strength or range of mo- casting aside millions of people who from their jobs, who cannot find a bet- tion. Any hand surgeon in the country rely on this government and this proc- ter way to save themselves because knows that those are highly subjective ess to find ways to make it safer for their employers do not put into effect findings. Truly objective findings like them to be at work. In the end, it is those measures that can save them atrophy, reflex changes, electro- better for business. from this type of injury. So it just is diagnostic abnormalities and certain Mr. NORWOOD. Mr. Speaker, I yield mind-boggling to me that the majority imaging findings are not what precipi- 1 minute to the gentleman from Okla- of this body is asking the Congress to tate the recordings. The MSD symp- homa (Mr. ISTOOK). eradicate the safety measures that toms in the rule do not require those Mr. ISTOOK. Mr. Speaker, I support have been put into effect after 10 years objective verifications in order to be this measure wholeheartedly. If we do of careful consideration. ‘‘recordable’’. not, what we have before us with the This is not just an idle postponement So, in my opinion, this places too proposed regulations, those are the Ti- or a moratorium. This is the finale. If much responsibility on the employer to tanic. It is headed straight for the ice- we vote on this measure today, there make a correct diagnosis. berg. But before businesses have to will be no possibility for the Depart- Mr. GEORGE MILLER of California. abandon ship, before workers have to ment or for OSHA or for anybody to Mr. Speaker, I yield 2 minutes to the hit the lifeboats, we are stopping the come forward with regulations that gentleman from Massachusetts (Mr. engines. We are saying we are going to will provide worker safety. In the name TIERNEY). bring this thing to a safe halt and steer of preventive measures for the women Mr. TIERNEY. Mr. Speaker, let us be a safer course. of this country, I ask for a no vote. clear about what is going on here. In The Secretary of Labor, the former the space of about 10 minutes, people Secretary of Labor, I had the chance to b 1815 that supported the Republican Party in visit with last year about these provi- Mr. NORWOOD. Mr. Speaker, it is a the last campaign have gotten them to sions that they are proposing. They pleasure to yield 1 minute to the gen- step forward and do away with rules were going to hire 300 brand-new peo- tleman from Texas (Mr. CULBERSON), a and regulations that took some 10 ple, train them for 30 days, hundreds fine member of this subcommittee. years to devise and promulgate. We and thousands of pages of these red- (Mr. CULBERSON asked and was have had hearing after hearing, study tape strangling, minute jargon regula- given permission to revise and extend after study, thousands of studies, all of tions, and put them in charge of micro- his remarks.) which come to the conclusion that managing businesses all across the Mr. CULBERSON. Mr. Speaker, I MSD injuries do happen in the work- country; millions of workers under the thank the gentleman from Georgia for place and are related to the kinds of re- command of these brand-new govern- yielding me this time. petitive practice that go on there and ment bureaucrats. That is a formula I rise today in very strong support of can be resolved with very reasonable for disaster. That is a disaster that is the repeal of this rule and to point out solutions, reasonable efforts between not going to happen this time. We are to my fellow Members and Americans H688 CONGRESSIONAL RECORD — HOUSE March 7, 2001 listening here tonight that the Em- the Secretary. She would not be able to claims, we think the law ought to say ployment Policy Foundation estimates do that. Only a vote in this body to that the employer should have to do it. that compliance costs alone with this sustain that would allow us to have That is what this is about. rule will be about $91 billion. The rule those negotiations with the Secretary. This is a compilation of 10 years of itself and its explanatory information The scientific evidence supporting a research; it is an understanding that consume about 600 pages of fine print. standard is extensive. The National one-third of the workers’ comp expend- Every small business owner out there Academy of Science, responding to itures by insurers in this country pay who is listening ought to know what it conservatives and business groups, for ergonomics injuries, and it is a cry looks like, because this is it. It will af- issued a report saying that the weight for simple justice and common sense. fect 102 million employees by OSHA’s of evidence justifies the introduction of Do not be fooled by those who say own estimates, and about 6.1 million appropriate and selective interventions they want a better ergonomics rule, be- businesses. It applies to any job that to reduce the risk of musculoskeletal cause if this resolution passes, there requires occasional bending, reaching, disorders of low back and upper ex- will be no ergonomics rule. This sends pulling, pushing, gripping; 18 million tremities. No wonder the Republicans ergonomics to the death penalty, and it jobs, again, by OSHA’s own estimates. did not want Members to have a brief- is wrong. This flawed ergonomic standard will ing on that report. Mr. Speaker, there are 6 million in- interfere with State worker compensa- This disproportionately affects jured Americans who cannot speak for tion laws. The one we have in Texas women. I urge my colleagues to vote themselves tonight, but we, I say to works very well. Under this ergonomic ‘‘no.’’ my colleagues, can. The way we should standard, however, which would inter- Mr. NORWOOD. Mr. Speaker, just to speak for them is to rise up and vote fere and preempt that State law, if a set the record straight, the National ‘‘no.’’ Defeat this resolution in the worker is put on light-duty work, they Academy of Sciences does not support sense of fairness and justice. will receive 100 percent of their pay. If this standard in any way at all. Mr. NORWOOD. Mr. Speaker, I yield they are unable to work, they will re- Mr. Speaker, I yield 1 minute to the 1 minute to the gentleman from Flor- ceive 90 percent of their pay and 100 gentlewoman from Illinois (Mrs. ida (Mr. KELLER), a new and valued percent of the benefits. I urge the BIGGERT), the vice chairman of this member of our subcommittee. Members to adopt the repeal of this subcommittee. Mr. KELLER. Mr. Speaker, I thank rule. Mrs. BIGGERT. Mr. Speaker, I rise in the gentleman for yielding me this Mr. GEORGE MILLER of California. strong support of S.J. Res. 6. I have ab- time. Mr. Speaker, I yield 2 minutes to the solutely no quarrel with the idea of Mr. Speaker, I rise in strong support gentlewoman from California (Ms. OSHA or Congress writing or imple- of the joint resolution to disapprove PELOSI), who has been fighting this menting an ergonomics law or regula- the ergonomics rule. I would like to long and hard for a number of years as tion. What I do have a problem with is tell my colleagues why. a member of the Committee on Appro- this particular ergonomics regulation. This will cost businesses, large and priations. It is exceedingly costly, overly broad, small, approximately $90 billion a year, Ms. PELOSI. I thank the gentleman and it wrongly presumes that every a $90 billion-a-year unfunded mandate for yielding me this time. muscle strain or ache a worker suffers on private businesses. Someone men- Mr. Speaker, the 20th century began is caused by the workplace. For in- tioned grocery stores a few minutes with Ida Tarbell and Upton Sinclair stance, it does not take into account ago. It is also true that if a bagger in pointing out the dangers in the work- personal attributes that may cause a grocery store lifts a turkey up and we place to American workers. Here we body pains such as obesity or age, nor are in the Thanksgiving season, that is are at the beginning of a new century does it anticipate the possibility that 16 pounds, he is now violating Federal much more enlightened, yet still de- employees may actually hurt them- law in the minds of some OSHA bu- bating whether or not we should pro- selves outside of the workplace while reaucrats because they think you tect workers. skiing, playing basketball, or gar- should not be able to lift anything over Let us not ignore this historical con- dening. 15 pounds. We need a little common text. As we look with great embarrass- Here is what the Chicago Tribune had sense here. ment at the exploitation of workers at to say about the new rule: ‘‘In short, Now, should there be incentives for the beginning of this century, we must they amount to a simplistic and expen- workplace safety? Absolutely, there have a different start to this one. The sive meat-ax solution for a complex should. We have that right now under new information technology has pre- scientific puzzle that researchers do workers’ compensation insurance pre- sented some challenges with many not fully understand.’’ miums. One small employer in my dis- more people at keyboards, but science Workers do have legitimate claims to trict who runs a gas station found his has given us answers. workplace-induced repetitious motion workers’ compensation insurance went Today, the Republican majority is injuries, but not with this regulation. up $3,000 this year. Why? Because there taking extreme measures to undermine Mr. GEORGE MILLER of California. was a serious workplace accident the the voluminous scientific evidence sup- Mr. Speaker, I yield 2 minutes to the year before. That is a pretty strong in- porting a workplace safety standard. In gentleman from New Jersey (Mr. AN- centive to maintain a strong and safe prior Republican administrations, DREWS). workplace. Labor Secretaries supported an ergo- (Mr. ANDREWS asked and was given Mr. Speaker, we do not need to na- nomic standard. Secretary Dole stated, permission to revise and extend his re- tionalize our workers’ compensation ‘‘By reducing repetitive motion inju- marks.) laws. I ask my colleagues to vote ‘‘yes’’ ries, we will increase both the safety Mr. ANDREWS. Mr. Speaker, we and disapprove these ergonomics regu- and productivity of America’s work- should oppose this resolution. When a lations. force. I have no higher priority than woman stands at a supermarket check- Mr. GEORGE MILLER of California. accomplishing just that.’’ And Sec- out counter and when many women I yield 11⁄2 minutes to the gentleman retary Lynn Martin also reiterated her who stand with her get hurt, when from Michigan (Mr. BONIOR), the mi- commitment in 1992 to an OSHA rule. there is a pattern of people getting nority whip. Secretary Chao yesterday indicated her hurt because the cash register is at Mr. BONIOR. Mr. Speaker, the work- intention to pursue a ‘‘comprehensive waist level instead of higher up, and place safety standards before us, as we approach to ergonomics,’’ her words. the evidence shows that one could have heard, have been in the making She said she would be open to working spend a few hundred dollars per cash for 10 years and, once implemented, on a new rule that would ‘‘provide em- register and lift them up to chest level would help prevent no fewer than one- ployers with achievable measures that and people will not get hurt; and the third of all serious job-related injuries. protect their employees before injuries evidence shows that by spending a few That can help save our economy more occur.’’ hundred dollars per cash register, we than $50 billion a year. Mr. Speaker, a vote on this repeal could avoid tens of thousands of dollars Now, the people back home in Michi- today would foreclose that option to of health care and workers’ comp gan would say, well, that is a pretty March 7, 2001 CONGRESSIONAL RECORD — HOUSE H689 good bargain. And do my colleagues ing this to small businesses across the Mr. Speaker, I yield 11⁄2 minutes to know what? They are absolutely right. country. And, by the way, the post of- the gentlewoman from California (Ms. Over the course of 1 year alone, more fice does not want it either. Nobody WOOLSEY). than 21,000 workers in Michigan suf- wants it. Why are we doing this? Thank (Ms. WOOLSEY asked and was given fered from repetitive motion injuries goodness we have this opportunity to permission to revise and extend her re- severe enough to keep them away from stop this and to watch workplace inju- marks.) work, and the cost to Michigan’s econ- ries continue to go down, because of Ms. WOOLSEY. Mr. Speaker, before I omy in lost wages and productivity, ergonomics policies that are already in came to Congress, I was a human re- about $2 billion a year. That is why place in America’s workplaces. sources professional in the electronics there is only one issue in this debate. Mr. Speaker, today we have a chance to manufacturing industry, and I know It is not whether we need these safety show the American people whose side we are from experience how important work- standards. It is who on earth would on. A vote for this resolution is a vote for small place safety is. Over 20 years ago, my ever want to keep us from having business, jobs and sound science. A vote company began seeing repetitive stress them? against it is for one-size-fits all regulations and injuries because employees were using Well, we know what that answer is. It government-knows-best bureaucrats. the same motions repeatedly to put is the same people, the same special in- There are many of us who came to this parts in printed circuit boards. I have terests who have opposed every other body to fight for the driving engine of Amer- to say that the majority of those work- single worker safety measure to come ica’s economy, small business. Small business ers were women. before the United States Congress. produces 90 percent of all new jobs in Amer- So in response to what was going on Well, today we have an obligation to ica. These are the people who work hard, out on our manufacturing floor, and talk back to that special interest. Our people who are fighting for raises and better those of my colleagues who do not message today is that too many lives benefits, people who are creating higher-pay- think of OSHA as a friend might think have been lost, too many bodies have ing jobs in their community and expanding op- this is weird, but as the human re- been broken, too many workers have portunity for people across the country. sources manager of this company, I been injured, too many lives have been The Clinton OSHA ergonomics regulation called OSHA for help. We worked. They ruined, and too many tears have been has a mammoth price tag. And America’s came and worked with us as partners shed. workers are going to foot the bill. OSHA itself and came up with a solution that re- Mr. Speaker, today our message is is willing to concede a $4.5 billion cost to the duced the injuries for our workers and that American workers have a right to economy. the food distributing industry pre- saved a lot of money for our company. a healthy and a safe workplace and, by dicts its initial cost would be upwards of 420 We knew that if we wanted to be suc- God, vote ‘‘no’’ on this resolution. billion. Furthermore, their recurring cost could cessful, we wanted to protect our work- Those who do not should and will be be 46 billion annually. And that is just for that ers from the injuries that they were ex- held accountable. industry alone. What does this really mean? It periencing. If my colleagues want to Mr. NORWOOD. Mr. Speaker, I yield means fewer jobs and fewer opportunities for know did this company become suc- 2 minutes to the gentleman from Texas American workers. cessful? Yes, indeed. This company be- (Mr. BONILLA), my friend. We all support safe workplaces. That is not came a Fortune 300 company. (Mr. BONILLA asked and was given what this debate is about. Let us review the Mr. Speaker, workplace safety stand- permission to revise and extend his re- statistics put out by the Clinton Labor Depart- ards protect workers; they save busi- marks.) ment. Workplace injuries are down consist- ness money. It is a win-win all the way Mr. BONILLA. Mr. Speaker, I rise in ently over the last decade. In fact, the injuries around. It must not be repealed. Vote strong support of this resolution. we are talking about today, repetitive stress in- against this resolution, and vote for Workplace injuries over the last decade juries, are down 24 percent over the past the protection of worker safety. in this country are down. Workplace three years. Grocery stores, bakeries, bottling b 1830 injuries are down in large part because companies, florists, computer manufacturers— ergonomics rules are already in place all of those job creating businesses that are Mr. NORWOOD. Mr. Speaker, I yield at most of America’s workplaces; and creating out tremendous economic growth myself such time as I may consume. employers, believe it or not, do care have voluntarily dealt with this issue and it is Mr. Speaker, I would just point out about keeping workers safe and produc- working. that the regulation is 9 pages, and it is tive on the job. Some have argued today that this resolution of great interest to me that OSHA took This is the copy of the new rule we kills ergonomics forever. That is simply not 591 pages to explain to us why this was are talking about showing up on the true. Yesterday, Secretary of Labor Elaine a good rule. doorsteps of bakeries and of auto parts Chao stated that she intends to address the Mr. Speaker, I yield 2 minutes to the stores and small restaurants and gro- issue of ergonomics, if given the chance. Let’s gentleman from Illinois (Mr. MAN- cery stores and dance studios and give her that chance to get the job done right. ZULLO), my friend. farms and ranches. Every small busi- This rule is unprecedented in its breadth Mr. MANZULLO. Mr. Speaker, these ness employer in America would get and unprecedented in its complexity. OSHA OSHA regulations are very interesting. this big fat 600-page regulation to try doesn’t even understand it. The rule is already First of all, they do not apply to any to have them not only implement a in effect and OSHA has yet to provide compli- Federal employees, and I would like to policy, but to change a policy that is ance guidelines to businesses. Unfortunately, point out that one of the charts using already working, that is causing work- they probably have not because they cannot. the explanations here is that it is dan- place injuries to go down. That gerous if you move your wrist more Union membership has not asked for I call on my colleagues to look at whose than 30 degrees 2 hours a day. this. Small business in America has side they are on. There is no gray. I urge This is an official chart here that not asked for this. At town meetings them to stand up for the people out there in points to people that move their that we have across the country, there the heartland who are working hard and want wrists. Mr. Speaker, there are 281,000 is no request for this to show up on the to keep doing so. I urge a ‘‘yes’’ vote on the restaurants in the United States. And I doorstep of America’s small businesses. resolution. was raised in a restaurant business, This is simply a power grab by certain Mr. GEORGE MILLER of California. and my brother, Frank, he still con- special-interest leaders in this country; Mr. Speaker, I yield myself such time tinues the family business. And this is and we will not name them, but we as I may consume. how you wash dishes. You go like this. know who they are. They want this so Mr. Speaker, if the gentleman would Sometimes it is 2 hours a day, some- they can have a bigger grip on Amer- have yielded, I would have pointed out times 4 hours a day. It depends upon ica’s small business employers. That is he is not holding up the regulations at the extent of the business. If business what it is all about. all, he is holding up the comments. The is good, you have more dishes to wash. This, in itself, delivered to the small regulations is 9-pages long. It is not 600 Here is the problem: If somebody businesses in this country is enough to pages, and the gentleman completely washing dishes has a problem with cause a workplace injury to the post misrepresented what, in fact, he was their hand and they go to the small office delivery people who will be send- telling the American public. employer, such as my brother, Frankie, H690 CONGRESSIONAL RECORD — HOUSE March 7, 2001 who has 13 tables in his restaurant, poultry workers, factory workers, and The law of unintended consequences this is what Frankie has to do, he has what we are saying is that the science is going to go into effect if this rule to adopt a program that contains the says that these regulations are the went into effect. It would drive our following elements, hazardous informa- right thing to do. We believe with all best jobs overseas. tion and reporting, management lead- our hearts that OSHA and these kinds Mr. Speaker, please, I ask my col- ership and employee participation, job of regulations have not only helped the leagues, let us have a real rule that hazard analysis and control, training, safety of our workers, but has saved really accomplishes what we want. MSD management and program evalua- companies money by preventing these Mr. GEORGE MILLER of California. tion. injuries, and employers who have used Mr. Speaker, I yield such time as he The standard provides the employer OSHA regulations like these to their may consume to the gentleman from with several options for evaluating and benefit have had a better bottom line Maine (Mr. BALDACCI). (Mr. BALDACCI asked and was given controlling risk factors for jobs cov- than companies that simply blindly permission to revise and extend his re- ered by the ergonomics program. fight these things. This is washing dishes. How else can This is a mistake. It is a mistake for marks.) Mr. BALDACCI. Mr. Speaker, I would you wash dishes where you cannot people. It is a mistake for workers. I like to thank the gentleman from Cali- move your hands? That is the absurd- simply ask our friends on the other fornia (Mr. GEORGE MILLER) for yield- ity of these ergonomic 9 pages of regu- side who are running this procedure, ing the time to me. lations and hundreds of pages of at- please, the next time before my col- Mr. Speaker, I rise today in opposi- tempted clarifications of them. leagues do something like this, they tion and say this should not be done in To all the restaurant owners, to all stop and think about what they are this way. As a restaurant owner and an the small mom-and-pops that are try- doing to the process of this House and, owner of a small business in Maine, ing to eke out a living and to my most importantly, what my colleagues this is the wrong thing to do at the brother, Frankie, with 13 tables and 13 are doing to the hard-working Amer- wrong time, and it is not thoughtful. stools at his bar and a handful of em- ican people who are out there everyday Mr. Speaker, I rise today to voice my oppo- ployees, he is going to have to put a giving it everything they have to make sition to the Joint Resolution of Disapproval of sign that says dish washing is haz- a living for their families and would OSHA’s Ergonomics Standard. ardous to your health. How else can like to be in a safe working environ- Mr. Speaker, I am a small business owner. you wash dishes? ment. I understand the concerns of small business Mr. GEORGE MILLER of California. Vote against this bill. It is an abomi- owners in my home state of Maine and Mr. Speaker, may I inquire of the Chair nation. throughout the country regarding the costs of how much time is remaining? Mr. NORWOOD. Mr. Speaker, I yield implementing these new rules. Nevertheless, The SPEAKER pro tempore (Mr. 2 minutes to the gentlewoman from we must be proactive. Ergonomics is a serious HANSEN). The gentleman from Cali- Kentucky (Mrs. NORTHUP). matter and the new ergonomics standard will fornia (Mr. GEORGE MILLER) has 111⁄2 Mrs. NORTHUP. Mr. Speaker, I am save businesses billions of dollars every year minutes remaining and the gentleman angry, too. I am angry that we had a by preventing lost work days and workers’ from Georgia (Mr. NORWOOD) has 13 good idea in 1990 and 1992. Libby Dole compensation claims. In 1998, more than minutes and 15 seconds remaining. and other Republicans encouraged an 12,500 disabling injuries were reported to the Mr. GEORGE MILLER of California. ergonomics standard, but what we have Workers Compensation Board in Maine alone. Mr. Speaker, I yield 3 minutes to the had over the last 8 years is an absolute True, the start up costs involved with apply- gentleman from Missouri (Mr. GEP- tone deaf Labor cabinet that was going ing the new standard are significant. But the HARDT), the minority leader. to pass a regulation without regard to money we will save far outweighs the money (Mr. GEPHARDT asked and was given how we best remedy the challenges we will spend. In a requested report to Con- permission to revise and extend his re- that ergonomic injuries cause us. gress, the National Academy of Sciences marks.) Mr. Speaker, give us good direction found that repetitive stress injuries in the work- Mr. GEPHARDT. Mr. Speaker, this is so that we can have both good jobs and place cost $50 billion a year in lost wages, a sorry day in the House of Representa- also best effect in any injuries that productivity and compensation costs. It also tives, and what I am afraid is going to occur in the workplace. It is hilarious concluded that injuries could be reduced by be a sorry week. Ten years of studies to think that businesses are going to using new equipment and by varying work- and work and comment are being swept save money when we have runaway place tasks. OSHA’s new rule requires compli- aside with 1 hour of debate in our costs and you spend and you spend and ance with both of these recommendations. House of Representatives. you spend without any understanding OSHA analysis shows that the new This is not right, and it is not the of what you might be able to achieve ergonomics standard will prevent 4.6 million right way to do this. It is not right for and what would be cost effective. injuries over the next 10 years. It will also American workers who will be seri- What happens when we do that? What save employers and workers $9 billion every ously affected and degraded by this de- happens right now in this country, year. Surely, we can agree that these num- cision that we are making tonight. where we fight everyday to keep our bers are worth fighting for. Mr. Speaker, I cannot understand good jobs right here in this country, to Mr. Speaker, I must also voice my dis- appointment in the decision to employ the why we could not spend the last 3 hours keep them from moving overseas, the Congressional Review Act to address this leg- that we have been in this building at fact of the matter is, is that OSHA in- islation. It was my sincere hope that the CRA least on this floor talking about what creases the costs of regulations. As would be employed only to address rules that went on over the last 10 years. We OSHA increases costs without always a vast majority of members agreed simply got could not find it within ourselves in knowing what the objective and the it wrong. This is certainly not the case here. this House of Representatives to spend benefit will be, we make ourselves less Many of us agree that the new rules could be the last 3 hours when we were in recess able to be internationally competitive refined. But that is no reason to throw the to be on this floor at least discussing as we produce goods in this country. baby out with the bath water, utilizing a proc- this matter. Mr. Speaker, what we have to do is ess that will effectively preclude further action We know there is a disagreement be proud of the fact that the American in this area. This is too important an issue to about this, that is legitimate, but to workplace, which is the thing that be taken off the table in a cavalier and par- not allow the Members of this House to brings us our prosperity, the thing that tisan manner. I urge my colleagues to vote be out here, when the law that calls for has built us a middle class that is able against the Joint Resolution of Disapproval of this procedure says that we are going to buy homes and cars and go to work OSHA’s Ergonomics Standard. to have 10 hours of debate, when we did and provide for their children, that Mr. GEORGE MILLER of California. not have another thing to do on this they depend on these jobs, and what Mr. Speaker, I yield such time as he floor, to not allow this debate to go on they ask of us is for balance, to have may consume to the gentleman from is reprehensible. It sure is not bipar- regulations and government programs California (Mr. WAXMAN). tisan. that make it possible to keep good jobs (Mr. WAXMAN asked and was given This is an issue that affects real peo- here and also make sure that we have permission to revise and extend his re- ple, people that work on computers, healthy workers. marks.) March 7, 2001 CONGRESSIONAL RECORD — HOUSE H691 Mr. WAXMAN. Mr. Speaker, I thank this issue, and I do not want to repeat musculoskeletal disorders under the direction the gentleman from California (Mr. all of those technical considerations. of the Academy of Sciences, they found that GEORGE MILLER) for yielding the time I do want to submit for the RECORD ‘‘there is a direct relationship between the to me. a chronology of OSHA ergonomics workplace and ergonomic injuries can be sig- Mr. Speaker, I strongly oppose the standards preparations over the last 10 nificantly reduced thorough workplace inter- matter that is before us today. years. I have many extra copies if the ventions.’’ Mr. Speaker, I rise today to express majority wants them. Mr. Speaker, earlier today, during the de- my outrage over the Republican pro- We also have a list of the questions bate on the rule Mr. NORWOOD quoted from posal to rollback important safety pro- that we asked the National Academy of the National Academy of Sciences and the In- tections for American workers. For the Sciences and the Institute of Medicine stitute of Medicine’s report. I would like to first time in the history of the House, to resolve. We have the questions that make very clear the fact that Mr. NORWOOD we are repealing critical protections we posed to them, and we also have was quoting from the only dissenting view on for over 100 million American workers. their answers. the panel of 19 experts. The Congress has a responsibility to Earlier today the gentleman from protect the safety and health of hun- Georgia (Mr. NORWOOD) said that there Here are the key findings of the study by dreds of thousands of workers—not the was some disagreement with the notion the Academy of Sciences: profits of big contributors. that ergonomics was a legitimate cause The Problem. ‘‘Musculoskeletal disorders of Today, I released a report with Rep- of problems in the workplace, and he the low back and upper extremities are an im- resentative GEORGE MILLER on ergo- quoted 1 of the 19. There were 19 ex- portant national health problem, resulting in nomic injuries in California. This re- perts on the panel, and one dissented. approximately 1 million people losing time port makes clear that the repeal of the When you have a panel and one dissent from work each year. These disorders impose ergonomic rule will have a very real among the people who are on the Acad- a substantial economic burden in compensa- impact on California workers and the emy of Sciences and the Institute of tion costs, lost wages, and productivity. Con- state’s economy. Medicine, then you have an authori- servative cost estimates vary, but a reason- More than one in four workplace in- tative statement. able figure is about $50 billion annually.’’ juries in California are repetitive We ought to address the political The Cause. ‘‘The weight of the evidence stress injuries like carpel tunnel syn- problem here. Here is the real problem. justifies the identification of certain work-re- drome. In 1998, more than 52,000 Cali- Reinforced by an army of business lob- lated risk factors for the occurrence of mus- fornia workers suffered ergonomic in- byists, the Republican majority has culoskeletal disorders of the low back and juries so severe they were forced to launched a blitzkrieg to obliterate the upper extremities * * * the panel concludes miss at least one day of work. Many of recently issued ergonomics standards that there is a clear relationship between back these injuries cause workers to miss by using the Congressional Review Act. disorders and physical load; that is, manual significant time away from work. More That act was passed under the Newt material handling, load moment, frequent than 30,000 of the injuries cause work- Gingrich doctrine of politics as war bending and twisting, heavy physical work, ers to miss more than one week of without blood. and whole-body vibration. For disorders of the work. This Republican offensive is more upper extremities, repetition, force and vibra- The economic cost to the state is than one invasion of one theater of the tion are particularly important work-related fac- enormous—$4.5 billion a year. war. This is just the beginning. By tors.’’ The real numbers may be much high- ruthlessly destroying the ergonomics The Answer. ‘‘The consequences of mus- er. Many workers fail to report their standards at the beginning of this 107th culoskeletal disorders to individuals and soci- injuries out of fear they’ll be fired or session of Congress, the Republican ety of the evidence that these disorders are to branded troublemakers, and other majority is attempting to send a mes- some degree preventable justify a broad, co- workers only realize the extent of their sage of intimidation to all the working herent effort to encourage the institution or ex- injuries when they can no longer work. families of America. tension of ergonomic and other preventive Today’s LA Times tells the story of We will not be intimidated. We will strategies.’’ Gloria Palomino, who worked in a strive to work for the families of Amer- chicken processing plant for over twen- ica. The Republican Leadership—once ty years. For most of her career, she Mr. Speaker, reinforced by an army of busi- desperate to have confirmation of a shot an airgun into chickens on a ness lobbyists, the Republican majority has sound scientific support for the ergo- slaughter line—squeezing the triggers launched a blitzkrieg to obliterate the recently nomic rule—is ignoring the very report 30 to 40 times a minute. As a result, her issued OSHA Ergonomic Standard by using it commissioned for a million dollars fingers are constantly swollen and sore the Congressional Review Act passed under and instead plans to gut a rule ten and her injuries are so severe she can the Newt Gingrich doctrine that ‘‘politics is war years in the making. This action shows no longer work. She says, ‘‘How I bat- without blood.’’ This Republican offensive is their contempt for millions of workers tle in the morning to open my hands. more than one invasion of one theater of the who want to work hard and stay Tell me, who will hire me with hands war. The operation against ergonomics is also healthy. And this action shows con- like this?’’ conceived as a master stroke of symbolic and tempt for the findings of the nation’s The ergonomics rule came too late to psychological warfare. leading ergonomic scientists who have help Gloria Palomino, but there will be By ruthlessly destroying the Ergonomic thoroughly documented the tragedy of many, many more like her if we repeal Standard at the beginning of the 107th Ses- ergonomic injury and illness. I am sub- the rule today. I urge my colleagues to sion of Congress, the Republican majority is mitting for the RECORD the seven ques- oppose this effort—which protects the attempting to send a message of intimidation, tions Congress asked the National profits of contributors at the expense and to show that it will utilize its dominance of Academy of Sciences and the answers of the health of America’s workers. the political process in Washington to annihi- arrived at by the experts on the panel. Mr. GEORGE MILLER of California. late its perceived most formidable enemy—the The strategy of the Republican war Mr. Speaker, I yield 11⁄2 minutes to the organized workers in labor unions. machine first seeks to crush the will of gentleman from New York (Mr. Millions of victims and casualties who are the opposition with its speed and over- OWENS), a member of the Sub- not union members will suffer greatly as a re- whelming support from contributors. committee on Workforce Protections. sult of this barbaric attack. The majority of the After the defeat of ergonomics, over- (Mr. OWENS asked and was given working families in America have at least one time under the Fair Labor Standards permission to revise and extend his re- member who could directly benefit from the Act and the Davis-Bacon Prevailing marks and include extraneous mate- preventive measures required by the new Wage Law are the next targets with rial.) Ergonomic Standard. They are the civilian many other islands of labor law to be Mr. OWENS. Mr. Speaker, as the casualties of this massive Republican offen- attacked and subdued on a great march ranking Democrat on the Sub- sive. toward the ultimate objective—‘‘pay- committee on Workforce Protections, After an exhaustive two-year study at a cost check protection.’’ The concepts of the last 6 years I have lived with the of $1 million conducted by 19 experts in the minimum wages and cash payment for hearings, the dialogue, the debates on field of causation, diagnosis, and prevention of overtime may be eliminated forever; or H692 CONGRESSIONAL RECORD — HOUSE March 7, 2001 at least for the duration of this admin- back, there are many disabling syndromes ship between certain work tasks and the risk istration there will be a ‘‘final solu- that occur in the absence of defined radio- of musculoskeletal disorders. tion’’ for these longstanding objects of graphic abnormalities or commonly occur in 4. What is the relative contribution of any the presence of unrelated radiographic ab- casual factors identified in the literature to Republican contempt. normalities. Thus, the most common syn- the development of such conditions in (a) the The term ‘‘barbaric’’ is most appro- drome is nonspecific backache. Other dis- general population, (b) specific industries, priate for the description of this par- orders of interest include back pain and sci- and (c) specific occupational groups? tisan onslaught. All logic, reason and atica due to displacement and degeneration A. Individual Risk Factors science has been bulldozed off to the of lumber intervertebral discs with Because 80 percent of the American adult ditches. Primitive, brut political force radiculopathy, spondylolysis, and population works, it is difficult to define a has now overwhelmed ten years of sci- spondylolisthesis, and spinal stenosis (ICD 9 ‘‘general population’’ that is different from categories 353–357, 722–724, and 726–729). the working population as a whole. The entific research, public testimony, em- 2. What is the status of medical science known risk factors for musculoskeletal dis- pirical evidence and long debates, dia- with respect to the diagnosis and classifica- orders include the following: logues and policy deliberations. The at- tion of such conditions? Age—Advancing age is associated with tached chronology which ranges from Diagnostic criteria for some of the mus- more spinal complaints, hand pain, and other August, 1990 to January, 2001 presents a culoskeletal disorders considered to be work- upper extremity pain, e.g., shoulder pain. Be- record of the most patient Democratic related and considered in this report are yond the age of 60, these complaints increase process possible; however, suddenly the clear-cut, especially those that can be sup- more rapidly in women than men. The expla- ported by objective ancillary diagnostic troops are massed on the border and nation for spinal pain is probably the greater tests, such as carpal tunnel syndrome. Oth- frequency of osteoporosis in women than in this time-honored process has been de- ers, such as work-related low back pain, are men. The explanation for hand pain is prob- clared ‘‘non-negotiable.’’ in some instances supported by objective ably the greater prevalence of osteoarthritis Barbarians often win battles; how- change, which must be considered in concert affecting women. However, other specific ever, the working families of America with the history and physical findings. In musculoskeletal syndromes do not show this are not without their own means of the case of radicular syndromes associated trend. For example, the mean age for symp- counterattack. We must begin today with lumbar intervertebral disc herniation, tomatic presentation of lumber disc hernia- with a new campaign in a more direct lan- for example, clinical and X-ray findings tend tion is 42 years; thereafter, there is a fairly to support each other. In other instances, in rapid decline in symptoms of that disorder. guage: an Ergonomic Standard means sal- the absence of objective support for a spe- Gender—As noted above, there are gender vation from paralyzing injuries. It means cific clinical entity, diagnostic certainty differences in some musculoskeletal dis- preventing total disability of the muscles varies but may nevertheless be substantial. orders, most particularly spinal pain due to and joints needed to earn a living. Work- The clinical picture of low back strain, for osteoporosis, which is more commonly found ing families are the troops who must be example, while varying to some degree, is in women than in men, and hand pain due to made to understand clearly what is at reasonably characteristic. osteoarthritis, for which there * * * deter- stake today and in the weeks and Epidemiologic definitions for musculo- minant with increased incidence in daugh- skeletal disorders, as for infectious and other months ahead as the Republicans ters of affected mothers. reportable diseases, are based on simple, un- Healthy lifestyles—There is a general be- march on to eradicate labor laws. ambiguous criteria. While these are suitable lief that the physically fit are at lower risk Working families must also understand for data collection and analysis of disease for musculoskeletal disorders; there are few that in a war as vicious as this one occurrence and patterns, they are not appro- studies, however, that have shown a sci- that has been declared by the Repub- priate for clinical decisions, which must also entific basis for that assertion. There is evi- licans, there is no substitute for vic- take into account personal, patient-specific dence that reduced aerobic capacity is asso- tory. Working families must mobilize information, which is not routinely available ciated with some musculoskeletal disorders, in epidemiologic databases. specifically low back pain and, possibly, to achieve unconditional surrender by 3. What is the state of scientific knowl- taking control of the Congress in 2002; lumbar disc herniations are more common in edge, characterized by the degree of cer- cigarette smokers. Obesity, defined as the and by regaining the White House in tainty or lack thereof, with regard to occu- top fifth quintile of weight, is also associated 2004. pational and nonoccupational activities with a greater risk of back pain. There cur- Yesterday was Pearl Harbor for causing such conditions? rently is little evidence that reduction of working families. We have nothing to The panel has considered the contributions smoking or weight reduction reduces the fear but sluggishness, wimpishness and of occupational and nonoccupational activi- risk. betrayal by the Benedict Arnolds ties to the development of musculoskeletal Other exposures—Whole-body vibration disorders via independent literature reviews among us. We have the votes and we from motor vehicles has been associated based in observational epidemiology, bio- with an increase in risk for low back pain believe fervently in the Democratic mechanics, and basic science. As noted in the and lumbar disc herniation. There is also process. Reason and justice are on our chapter on epidemiology, when studies meet- evidence that suboptimal body posture in the side and we shall all experience our po- ing stringent quality criteria are used, there seated position can increase back pain. Some litical VE Day. We shall overcome. are significant data to show that both low evidence suggests that altering vibrational back and upper extremity musculoskeletal MUSCULOSKELETAL DISORDERS AND THE WORK- exposure through seating and improved seat- disorders can be attributed to workplace ex- PLACE—A STUDY BY THE NATIONAL ACAD- ing designs to optimize body posture (i.e., re- posures. Across the epidemiologic studies, EMY OF SCIENCES AND THE INSTITUTE OF duce intradiscal pressure) can be beneficial. the review has shown both consistency and MEDICINE, JANUARY 2001 Other diseases—There is a variety of spe- strength of association. Concerns about cific diseases found in the population that APPENDIX A whether the associations might be spurious predispose to certain musculoskeletal dis- ANSWERS TO QUESTIONS POSED BY CONGRESS have been considered and reviewed. Biologi- orders. Among the more common are diabe- The questions below provided the impetus cal plausibility for the work-relatedness of tes and hypothydroidism, both associated for the study. The charge to the panel, pre- these disorders has been demonstrated in with carpal tunnel syndrome. pared by the NRC and the IOM was to con- biomechanical and basic science studies, and B. Work-Related Risk Factors duct a comprehensive review of the science further evidence to build causal inferences Chapter 4 of this report explores the enor- base and to address the issues outlined in the has been demonstrated in intervention stud- mous body of peer-reviewed data on epi- questions. The panel’s responses to the ques- ies that show reduction in occurrence of demiologic studies relevant to this question. tions follow. musculoskeletal disorders following imple- Detailed reviews were conducted of those 1. What are the conditions affecting hu- mentation of interventions. The findings studies judged to be of the highest quality mans that are considered to be work-related suggest strongly that there is an occupa- based on the panel’s screening criteria (pre- musculoskeletal disorders? tional component to musculoskeletal dis- sented in the introduction and in Chapter 4). The disorders of particular interest to the orders. Each set of studies has inherent The vast majority of these studies have been panel, in light of its charge, focus on the low strengths and limitations that affect con- performed on populations of workers in par- back and upper extremities. With regard to fidence in the conclusions; as discussed in ticular industries in which workers exposed the upper extremities, these include rotator Chapter 3 (methodology), when the pattern to various biomechanical factors were com- cuff injuries (lateral and medial) of evidence is considered across the various pared with those not exposed for evidence of epicondylitis, carpal tunnel syndrome, tendi- types of studies, complementary strengths symptoms, signs, laboratory abnormalities, nitis, tenosynovitis of the hand and wrist are demonstrated. These findings were con- or clinical diagnoses of musculoskeletal dis- (including DeQuervains’ stenosing sidered collectively through integration of orders. A small number of studies have been tenosynovitis, trigger finger, and others) and the information across the relevant bodies of performed in sample groups in the general a variety of nonspecific wrist complaints, scientific evidence. Based on this approach, population, comparing individuals who re- syndromes, and regional discomforts lacking the panel concludes, with a high degree of port various exposures with those who do clinical specificity. With regard to the low confidence, that there is a strong relation- not. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H693 The principal findings with regard to the sprains/strains, carpal tunnel syndrome, or The complexity of musculoskeletal dis- roles of work and physical risk factors are: tendinitis, while the service industry ac- orders in the workplace requires a variety of Lifting, bending and twisting and whole- counted for 26 percent. Examining carpal strategies that may involve the worker, the body vibration have been consistently asso- tunnel syndrome alone, manufacturing, workforce, and management. These strate- ciated with excess risk for low back dis- transportation, and finance all exceeded the gies fall within the categories of engineering orders, with relative risks of 1.2 to 9.0 com- national average, while for the most com- controls, administrative controls, and work- pared with workers in the same industries mon but less specific sprains and strains, the er-focused modifiers. The literature shows without these factors. transportation sector was highest, with con- that no single strategy is or will be effective Awkward static postures and frequent re- struction, mining, agriculture, and wholesale for all types of industry; interventions are petitive movements have been less consist- trade all higher than average. These data best tailored to the individual situation. ently associated with excess risk. For dis- suggest that musculoskeletal disorders are a However, there are some program elements orders of the upper extremity, vibration, problem in several industrial sectors, that is, that consistently recur in successful pro- force, and repetition have been most strong- the problems are not limited to the tradi- grams: ly and consistently associated with relative tional heavy labor environments represented 1. Interventions must mediate physical risks ranging from 2.3 to 84.5. by agriculture, mining, and manufacturing. stressors, largely through the application of The principal findings with regard to the The National Center for Health Statistics ergonomic principles. roles of work and psychosocial risk factors (NCHS) survey data provide added informa- 2. Employee involvement is essential to are: tion on self-reported health conditions of the successful implementation. High job demand, low job satisfaction, mo- back and the hand. This survey presents esti- 3. Employer commitment, demonstrated by notony, low social support, and high per- mates for back pain among those whose pain an integrated program and supported by best ceived stress are important predictors of low occurred at work (approximately 11.7 mil- practices review, is important for success. back musculoskeletal disorders. lion) and for those who specifically reported Although generic guidelines have been de- High job demand and low decision latitude that their pain was work-related back pain veloped and successfully applied in interven- are the most consistent of these factors asso- (5.6 million). tion programs, no single specific design, re- ciated with increased risk for musculo- The highest-risk occupations among men striction, or practice for universal applica- skeletal disorders of the upper extremities. were construction laborers, carpenters, and tion is supported by the existing scientific In addition, in well-studied workforces, industrial truck and tractor equipment oper- literature. Because of limitations in the sci- there is evidence that individual psycho- ators, and among women the highest-risk oc- entific literature, a comprehensive and sys- logical factors may also predispose to risk, cupations were nursing aides/orderlies/at- tematic research program is needed to fur- including anxiety and depression, psycho- tendants, licensed practical nurses, maids, ther clarify and distinguish the features that logical distress, and certain coping styles. and janitor/cleaners. Other high-risk occupa- make interventions effective for specific Relative risks for these factors have been tions were hairdressers and automobile me- musculoskeletal disorders. generally less than 2.0. chanics, often employed in small businesses B. Development and Prevention in Specific 5. What is the incidence of such conditions or self-employed. Occupations in (a) the general population, (b) specific in- Among men, the highest-risk industries Occupations that involve repetitive lifting, dustries, and (c) specific occupational were lumber and building material retailing, e.g., warehouse work, construction, and pipe groups? crude petroleum and natural gas extraction, fitting, particularly when that activity in- There are no comprehensive national data and sawmills/planing mills/millwork. Among volves twisting postures, are associated with sources capturing medically defined mus- women, the highest-risk industries were an increased risk for the complaint of low culoskeletal disorders, and data available re- nursing and personal care facilities, beauty back pain and, in a few studies, an increased garding them are based on individual self-re- shops, and motor vehicle equipment manu- risk for lumbar disc herniation. ports in surveys. Explicitly, these reports in- facturing. The prevalence of osteoarthritic changes in clude work as well as nonwork-related mus- Questions from the NCHS survey on upper- the lumbar spine (disc space narrowing and culoskeletal disorders without distinction; extremity discomfort elicited information spinal osteophytes) is significantly greater therefore, rates derived from these general about carpal tunnel syndrome, tendinitis and in those whose occupations require heavy and repetitive lifting compared with age- population sources cannot be considered in related syndromes, and arthritis. Carpal tun- matched controls whose occupations are any sense equivalent to rates for back- nel syndrome was reported by 1.87 million more sedentary. Despite these ground, reference, or unexposed groups, nor people; over one-third of these were diag- radiographical differences, most of the stud- conversely, as rates for musculoskeletal dis- nosed as carpal tunnel syndrome by a health ies show little or no difference in the preva- orders associated with any specific work or care provided and half were believed to be lence of low back pain or sciatica between activity. There are no comprehensive data work-related. Tendinitis was reported by those with radiological changes of osteo- available on occupationally unexposed 588,000 people, and 28 percent of these were arthritis and those with no radiological groups and, given the proportion of adults determined to be work-related by a health changes. Based on the current evidence, now in the active U.S. workforce, any such care provider. Over 2 million active or recent modification of the lifting can reduce symp- nonemployed group would be unrepresenta- workers were estimated to have hand/wrist arthritis. The survey did not report these toms and complaints. Specific successful tive of the general adult population. Accord- strategies, which include ergonomic inter- ing to the 1997 report from the National Ar- conditions by either occupation or industry. 6. Does the literature reveal any specific ventions (such as the use of lift tables and thritis Date Workgroup (Lawrence, 1998), a guidance to prevent the development of such other devices and matching the worker’s ca- working group of the National Institute of conditions in (a) the general population, (b) pacity to the lifting tasks), administrative Arthritis and Musculoskeletal and Skin Dis- specific industries, and (c) specific occupa- controls (such as job rotation), and team lift- eases, 37.9 million Americans, or 15 percent tional groups? ing, appear successful. Despite enthusiasm of the entire U.S. population, suffered from A. Development and Prevention in working for their use, there is marginal or conflicting one or more chronic musculoskeletal dis- Populations evidence about lifting belts and educational orders in 1990 (these data cover all musculo- Because the majority of the U.S. popu- programs in reducing low back pain in the skeletal disorders). Moreover, given the in- lation works, the data for the population as population with heavy lifting requirements. crease in disease rates and the projected de- a whole apply to the 80 percent who are Some examples of positive interventions in- mographic shifts, they estimate a rate of 18.4 working. There is substantial evidence that clude: percent or 59.4 million by the year 2020. In psychological factors, in addition to the Truck drivers—Vibration exposure is summary, data from the general population physical factors cited above (see response to thought to be the dominant cause for the in- of workers and nonworkers together suggest Question 4), are significant contributors to creased risk for low back pain and lumbar that the musculoskeletal disorders problem musculoskeletal disorders. relevant factors disc herniation. There are some data to sup- is a major source of short- and long-term dis- are repetitive, boring jobs, a high degree of port the efficacy of vibrational dampening ability, with economic losses in the range of perceived psychosocial stress, and sub- seating devices. 1 percent of gross domestic product. A sub- optimal relationships between worker and Hand-held tool operators—Occupations stantial portion of these are disorders of the supervisor. that involve the use of hand-held tools, par- low back and upper extremities. The weight and pattern of both the sci- ticularly those with vibration, are associated The Bureau of Labor Statistics (BLS) data, entific evidence and the very practical qual- with the general complaints of hand pain, a while suffering a number of limitations, are ity improvement data support the conclusion greater risk of carpal tunnel syndrome, and sufficient to confirm that the magnitude of that primary and secondary prevention some tenosynovitis. Redesign of tools is as- work-related musculoskeletal disorders is interventions to reduce the incidence, sever- sociated with reduced risks. very large and that rates differ substantially ity, and consequences of musculoskeletal in- Food processing—Food processing, e.g., among industries and occupations, con- juries in the workplace are effective when meat cutting, is associated with a greater sistent with the assumption that work-re- properly implemented. The evidence sug- risk of shoulder and elbow complaints. Job lated risks are important predictors of mus- gests that the most effective strategies in- redesign appears to reduce this risk, but this culoskeletal disorders. BLS recently esti- volve a combined approach that takes into information is largely based on best prac- mated 846,000 lost-workday cases of musculo- account the complex interplay between phys- tices and case reports. skeletal disorders in private industry. Manu- ical stressors and the policies and procedures 7. What scientific questions remain unan- facturing was responsible for 22 percent of of industries. swered, and may require further research, to H694 CONGRESSIONAL RECORD — HOUSE March 7, 2001 determine which occupational activities in from issuing a standard or guidelines on NAS study on ergonomics. The bill, however, which specific industries cause or contribute ergonomics. The compromise agreement does freed OSHA from a prohibition on the rule- to work-related musculoskeletal disorders? permit OSHA to collect information on the making that began in 1994. This point was The panel’s recommended research agenda need for a standard. emphasized by a letter to Secretary of Labor is provided in Chapter 12 of the report. June 1996—The House Appropriations Com- Alexis Herman from then Chair of the Appro- mittee passes a 1997 funding measure (H.R. priations Committee Rep. Livingston and CHRONOLOGY OF OSHA’S ERGONOMICS 3755) that includes a rider prohibiting OSHA Ranking member Rep. Obey expressly stat- STANDARD from issuing a standard or guidelines on ing that the study was not intended to block August 1990—In response to statistics indi- ergonomics. The rider also prohibits OSHA or delay OSHA from moving forward with its cating that RSIs are the fastest growing cat- from collecting data on the extent of such ergonomics standard. December 1998—Bureau of Labor Statistics egory of occupational illnesses, Secretary of injuries and, for all intents and purposes, (BLS) releases 1997 Annual Survey of Injuries Labor Elizabeth Dole commits the Labor De- prohibits OSHA from doing any work on the and Illnesses which shows that disorders as- partment to ‘‘taking the most effective steps issue of ergonomics. sociated with repeated trauma continue to necessary to address the problem of ergo- July 1996—The House of Representatives make up nearly two-thirds of all illness cases nomic hazards on an industry wide-basis’’ approves the Pelosi amendment to H.R. 3755 and musculoskeletal. disorders continue to and to begin rulemaking on an ergonomics stripping the ergonomics rider from the account for one-third of all lost-workday in- standard. According to Secretary Dole, there measure. The vote was 216–205. Ergonomic opponents vow to reattach the rider in the juries and illnesses. was sufficient scientific evidence to proceed February 1999—OSHA releases its draft to address ‘‘one of the nation’s most debili- Senate or on a continuing resolution. February 1997—Rep. Henry Bonilla (R–TX) proposed ergonomics standard and it is sent tating across-the-board worker safety and for review by small business groups under health illnesses of the 1990’s.’’ circulates a draft rider which would prohibit OSHA from issuing an ergonomics proposal the Small Business Regulatory and Enforce- July 1991—The AFL–CIO and 30 affiliated ment Fairness Act (SBREFA). unions petition OSHA to issue an emergency until the National Academy of Sciences com- pletes a study on the scientific basis for an March 1999—Rep. Blunt (R–MO) introduces temporary standard on ergonomics. Sec- H.R. 987, a bill which would prohibit OSHA retary of Labor Lynn Martin declines to ergonomics standard. The rider, supported by the new coalition, is criticized as a fur- from using a final ergonomics standard until issue an emergency standard, but commits NAS completes its second ergonomics study the agency to developing and issuing a ther delay tactic. —During a hearing on the proposed FY 1998 (24 months). standard using normal rulemaking proce- budget for the National Institute for Occupa- April 1999—The Small Business Review dures. tional Safety and Health, Rep. Bonilla ques- Panel submits it report to OSHA’s draft pro- June 1992—OSHA, under acting Assistant- tions Centers for Disease Control head David posed ergonomics standard to Assistant Sec- Secretary Dorothy Strunk, issues an Ad- Satcher on the scientific underpinnings for retary Jeffress. vanced Notice of Proposed Rulemaking on an ergonomics standard. Bonilla submits May 1999—The second NAS panel on Mus- ergonomics. more than 100 questions on ergonomics to culoskeletal Disorders and the Workplace January 1993—The Clinton Administration Satcher. holds it first meeting on May 10–11 in Wash- makes the promulgation of an ergonomics April 1997—Rep. Bonilla raises questions ington, DC. standard a regulatory priority. OSHA com- about OSHA’s plans for an ergonomics stand- —Senator Kit Bond (R–MO) introduces leg- mits to issuing a proposed rule for public ard during a hearing on the agency’s pro- islation (S. 1070) that would block OSHA comment by September 30, 1994. posed FY 1998 budget. from moving forward with its ergonomics March 1995—The House passes its FY 1995 July 1997—NIOSH releases its report Mus- standard until 30 days after the NAS report rescission bill that prohibits OSHA from de- culoskeletal Disorders and Workplace Fac- is released to Congress. —House Subcommittee on Workforce Pro- veloping or promulgating a proposed rule on tors. Over 600 studies were reviewed. NIOSH tections holds mark-up on H.R. 987 and re- ergonomics. Industry members of the Coali- concludes that ‘‘a large body of credible epi- ports out the bill along party line vote to tion on Ergonomics lobbied heavily for the demiological research exists that shows a measure. Industry ally and outspoken critic forward it to Full Committee. consistent relationship between MSDs and June 1999—House Committee on Education of government regulation, Rep. Tom DeLay certain physical factors, especially at higher (R–TX), acts as the principal advocate of the and the Workforce holds mark-up on H.R. 987 exposure levels.’’ and reports out the bill in a 23–18 vote. measure. —California’s ergonomics regulation is ini- —OSHA circulates draft ergonomics stand- August 1999—House votes 217–209 to pass tially adopted by the Cal/OSHA Standard H.R. 987, preventing OSHA from issuing an ard and begins holding stakeholders’ meet- Board, approved by the Office of Administra- ings to seek comment and input prior to ergonomics standard for at least 18 months tive Law, and becomes effective. (July 3) until NAS completes its study. issuing a proposed rule. October 1997—A California superior court June 1995—President Clinton vetoes the re- October 1999—Senator Bond offers an judge rules in the AFL–CIO’s favor and amendment to the LHHS appropriations bill scission measure. struck down the most objectionable provi- July 1995—Outspoken critic of government which would prohibit OSHA from issuing an sions of the CA ergonomics standard. ergonomics standard during FY 2000. The regulation Rep. David McIntosh (R–IN) holds November 1997—Congress prohibits OSHA oversight hearings on OSHA’s ergonomics amendment is withdrawn after it becomes from spending any of its FY 1998 budget to apparent that Democrats are set to filibuster standard. National Coalition on Ergonomics promulgate or issue a proposed or final members testify. By the end of the hearing, the amendment. ergonomics standard or guidelines, with an —The California Court of Appeals upholds McIntosh acknowledges that the problem agreement that FY 1998 would be the last the ergonomics standard—the first in the na- must be addressed, particularly in high risk year any restriction on ergonomics would be tion—which covers all California workers. industries. imposed. November 1999—Washington State Depart- —Comprise rescission bill signed into law; May 1998—At the request of Rep. Bonilla ment of Labor and Industries issues a pro- prohibits OSHA from issuing, but not from and Rep. Livingston, The National Academy posed ergonomics regulation on November 15 working on, an ergonomics standard. Subse- of Sciences (NAS) receives $490,000 from the to help employers reduce ergonomics hazards quent continuing resolution passed by Con- National Institutes of Health (NIH) to con- that cripple and injure workers. gress continues the prohibition. duct a review of the scientific evidence on —Federal OSHA issues the proposed August 1995—Following intense industry the work-relatedness of musculoskeletal dis- ergonomics standard on November 22. Writ- lobbying, the House passes a FY 1996 appro- orders and to prepare a report for delivery to ten comments will be taken until February priations bill that would prohibit OSHA from NIH and Congress by September 30, 1998. 1, 2000. Public hearings will be held in Feb- issuing, or developing, a standard or guide- August 1998—NAS brings together more ruary, March, and April. lines on ergonomics. The bill even prohibits than 65 of the leading national and inter- February 2000—OSHA extends the period OSHA from requiring employers to record national scientific and medical experts on for submitting written comments and testi- ergonomic-related injuries and illnesses. The MSDs and ergonomics for a two day meeting mony until March 2. Public hearings are re- Senate refuses to go along with such lan- to review the scientific evidence for the scheduled to begin March 13 in Washington, guage. work relatedness of the disorders and to as- DC followed by public hearings in Chicago, November 1995—OSHA issues its 1996 regu- sess whether workplace interventions were IL and Portland, OR in April and May. latory agenda which does not include any effective in reducing ergonomic hazards. March 2000—OSHA commences 9 weeks of dates for the issuance of an ergonomics pro- October 1998—NAS releases its report public hearings on proposed ergonomics posal. Work-Related Musculoskeletal Disorders: A standard. December 1995—Bureau of Labor Statistics Review of the Evidence. The NAS panel finds May 2000—OSHA concludes public hearings (BLS) releases 1994 Annual Survey of Injuries that scientific evidence shows that work- on proposed ergonomics standard. More than and Illnesses which shows that the number place ergonomic factors cause musculo- one thousand witnesses testified at the 9 and rate of disorders associated with re- skeletal disorders. weeks of public hearings held in Washington, peated trauma continues to increase. —Left as one of the last issues on the table DC, Chicago, Illinois, and Portland, Oregon. April 1996—House and Senate conferees because of its contentiousness, in its massive The due date for post hearing comments is agree on a FY 1996 appropriation for OSHA Omnibus spending bill Congress appropriates set for June 26; and the due date for post that contains a rider prohibiting the agency $890,000 in the FY 1999 budget for another hearings briefs is set for August 10. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H695 —The House Appropriations Committee would make people think that we do (Mr. CALLAHAN asked and was adopts on a party line vote a rider to the FY not want workplace safety, we are for given permission to revise and extend 2001 Labor-HHS funding bill (H.R. 4577) that the evil business. That is just not true. his remarks.) prohibits OSHA from moving forward on any We support the working families, and Mr. CALLAHAN. Mr. Speaker, I proposed or final ergonomics standard. The we want to give them tax relief, but thank the gentleman for yielding me rider was adopted despite a commitment made by the Committee in the FY 1998 fund- my opponents, I would guarantee that this time. I have been in meetings dur- ing bill to ‘‘refrain from any further restric- over 90 percent of them that are op- ing most of the debate. But I did want tions with regard to the development, pro- posed to this do not want tax relief, to come to the floor and bring out one mulgation or issuance of an ergonomics and they did not want the balanced important point, and that is the im- standard following fiscal year 1998.’’ budget and they did not want welfare pact of cost to small businesses in the June 2000—An amendment to strip the ergo reform, because they want government event that this ergonomic thing is con- rider from the FY 2001 Labor-HHS Appro- control. tinued as proposed by the Clinton ad- priations bill on the House floor fails on a Mr. GEORGE MILLER of California. ministration. vote of 203–220. Mr. Speaker, I yield 11⁄2 minutes to the Any small business person would tell —The Senate adopts an amendment to the gentleman from Indiana (Mr. ROEMER). us today that their number one prob- FY 2001 Labor-HHS bill to prohibit OSHA (Mr. ROEMER asked and was given from issuing the ergonomics rule for another lem is even securing workman’s com- year by a vote of 57–41. permission to revise and extend his re- pensation. It is very seldom that any —President Clinton promises to veto the marks.) major insurance company will insure Labor-HHS bill passed by the Senate and the Mr. ROEMER. Mr. Speaker, this any business for a period longer than 3 House stating, ‘‘I am deeply disappointed issue is not new to any of us who have years. They come in, and they give one that the Senate chose to follow the House’s served in this body. a rate that seems reasonable. Two imprudent action to block the Department of The Secretary of Labor for President years later, they raise that. Three Labor’s standard to protect our nation’s George Herbert Walker Bush, a lady I workers from ergonomics injuries. After years, they raise it out of the possi- have a great deal of respect for, said we bility of affordability by small busi- more than a decade of experience and sci- must do our utmost to protect workers ness. entific study, and millions of unnecessary in- from these hazards of repetitive stress juries, it is clearly time to finalize this So I encourage my colleagues to standard.’’ injuries. think what is going to happen. Work- We all know this is a problem. We are October 2000—Republican negotiators agree man’s compensation is going to at in our town meetings and our constitu- to a compromise that would have permitted least double in cost to small business ents come up to us with the braces on OSHA to issue the final rule, but would have people, if, indeed, they can get it at all. delayed enforcement and compliance re- their arms. We have our case workers There is a possibility, because of the quirements until June 1, 2001. Despite the in our offices dealing with these issues extreme changes in coverage as pro- agreement on this compromise, Republican day in and day out. Our workers are posed under this regulation, that it Congressional leaders, acting at the behest suffering. of the business community, override their And more importantly, our busi- could even triple. So when my colleagues are back in negotiators and refuse to stand by the agree- nesses know that they have some an- ment. their district, think about addressing swers, they are out there working on November 2000—On November 14, OSHA these small business people who are this. Mr. Speaker, 3M, a big American issues the final ergonomics standard. having to pay these exorbitant costs company, has had a 58 percent decrease —In an effort to overturn the ergonomics now, and think about the impact that standard several business groups file peti- in lost time cases, 58 percent decrease. tions for review of the rule. Unions file peti- SunMicrosystems, a high tech com- it is going to cause if, indeed, we do not tions for review in an effort to strengthen pany with repetitive injury claims, repeal this through this effort today. So I plead with my colleagues to rec- the standard. their claims went from $45,000 to $3,500. December 2000—House and Senate adopt My colleagues might say businesses ognize what they are doing to small Labor-Health and Human Services funding business people. We all are concerned bill. The bill does not include a rider affect- are doing it, but do not tell us to do more of it. President Bush is going to about all workers. We all want them to ing the ergonomics standard. have coverage. But if my colleagues January 2000—Ergonomics standard takes tell us to do a lot more testing, because effect January 16. it works in Texas. We are going to hear put workman’s compensation out of af- —NAS releases its second report in three that. Do not give us that argument on fordability range, they are doing a years on musculoskeletal disorders and the our businesses. great disservice. workplace. The report confirms that Finally, I have to say that we have Mr. GEORGE MILLER of California. musculosketetal disorders are caused by been in this great Chamber since De- Mr. Speaker, I yield such time as he workplace exposures to risk factors includ- cember 16, 1857, and had great debates, may consume to the gentleman from ing heavy lifting, repetition, force and vibra- but today is one of the darkest days Washington (Mr. BAIRD). tion and that interventions incorporating (Mr. BAIRD asked and was given per- elements of OSHA’s ergonomics standard literally when the majority said they would rather have a dark Chamber mission to revise and extend his re- have been proven to protect workers from marks.) ergonomic hazards. than a Chamber filled with discussion Mr. BAIRD. Mr. Speaker, I rise to op- and debate and differences. I hope we Mr. NORWOOD. Mr. Speaker, I yield pose this legislation. It is bad for work- 1 minute to the gentleman from Cali- do much better in the future. Mr. NORWOOD. Mr. Speaker, how ers. It is bad for America. fornia (Mr. CUNNINGHAM), my friend. Mr. Speaker, I rise in strong opposition to Mr. CUNNINGHAM. Mr. Speaker, in much time is remaining? The SPEAKER pro tempore. The gen- the Disapproval Resolution for OSHA California we have an energy crisis. We Ergonomics Rule, which threatens the health have several small businesses going out tleman from Georgia (Mr. NORWOOD) has 10 minutes and 15 seconds remain- and safety of our nation’s workforce. just because of the costs of energy. We Each year, more than 650,000 American have restaurants that are on a very ing, and the gentleman from California 1 workers suffer from work related musculo- narrow margin. Those people employ (Mr. GEORGE MILLER) has 5 ⁄2 minutes remaining. skeletal disorders caused by repetitive motion workers. and overexertion. My colleagues that are opposed to b 1845 These are hardly minor aches and pains. this are generally from a liberal philos- Mr. BOEHNER. Mr. Speaker, I yield These are serious, disabling conditions that ophy of government control. If we fall myself such time as I may consume. have extensive impacts on workers’ lives, and out of line like the blacklisting that Mr. Speaker, just to keep the record are estimated to cost the American public the union, the Clinton-Gore adminis- straight, there is no doubt President something in the realm of $40–$50 billion a tration, put out last year, then we can Bush and Secretary Dole should be ap- year. control you. We can control your pri- plauded for bringing up ergonomics in The lives of workers who suffer from carpal vate profit. We can control education. 1990, but there is absolutely no reason tunnel syndrome, tendinitis, back injuries or We can control your business. If you do to suspect they would be for this rule. other similar injuries, as a result of unsafe not comply, yes, we will send in the Mr. Speaker, I am very pleased to workplace conditions, are changed forever. IRS or OSHA or EPA, and what we are yield 11⁄2 minutes to the gentleman Frequently, they lose their jobs, become saying is that, yes, that my colleagues from Alabama (Mr. CALLAHAN). permanently unemployed, or are forced to H696 CONGRESSIONAL RECORD — HOUSE March 7, 2001 take severe pay cuts to continue working. saddle business with the costs that this The OSHA SWAT team then comes in These injuries destroy lives and they destroy will saddle them with. Today and this and says you have one MSD patient, families—and it’s simply unacceptable. time is a particularly bad time given you have one, therefore, you must I want to emphasize to my colleagues that, the soft economy. make changes in your workplace, cost- as a scientist and a clinician, I am dogged in Mr. GEORGE MILLER of California. ing thousands of dollars for small busi- demanding strong, peer-reviewed science in Mr. Speaker, if I might inquire as to nesses and perhaps millions for big making important public health decisions. how much time we have remaining. businesses. Plus, you pay them 90 per- OSHA’s ergonomics standard, issued on The SPEAKER pro tempore (Mr. cent of the salary for 90 days. November 14, 2000, is critically important to HANSEN). The gentleman from Cali- This can force small businesses to go working men and women. The standard is fornia (Mr. GEORGE MILLER) has 41⁄2 out of business when their workman’s based on voluminous evidence, sound science minutes remaining. The gentleman compensation premiums double with and good employer practices and should not from Ohio (Mr. BOEHNER) has 8 minutes all the other additional expenses one be repealed. This rule may not be perfect, but remaining. adds on top of it. I can tell you that this rule is far better than Mr. GEORGE MILLER of California. Mr. Speaker, I want to hear OSHA the alternative. Mr. Speaker, I yield 1 minute to the explain to me how they are going to This is a common sense measure to help gentlewoman from California (Ms. enforce these new ergonomic rules in prevent the suffering of American workers, SANCHEZ). the textile plants of Mexico and China. while at the same time saving the American Ms. SANCHEZ. Mr. Speaker, how It seems we have trade agreements many more people must be hurt before taxpayers billions of dollars. that allow these countries access to I urge my colleagues to resist efforts to re- this Congress does what is right? Obvi- our textile market, so it would only be ously, there are over 600,000 workers a peal this vital worker safety rule—and to op- fair that those Mexican and Chinese year who get hurt because of ergo- pose this resolution that prevents OSHA from mills should have to comply with these nomic problems. implementing an ergonomic standard. If we pass this resolution today, we rules the same as American textile Mr. GEORGE MILLER of California. are effectively saying we know one mills. Mr. Speaker, I yield 1 minute to the We do not at present require Mexican might get hurt and have injuries that gentlewoman from Connecticut (Ms. and Chinese friends to comply with the last a long time, but we do not care. I DELAURO). am not willing to make that statement minimum wage. So it concerns me that Ms. DELAURO. Mr. Speaker, every today. OSHA is planning to let them off the year, millions of hard-working Ameri- This standard will help countless hook on ergonomics as well. cans are injured on the job, men and nurses, clerks, laborers, and, yes, fac- I also want to see the OSHA plan for women who do not have anyone look- tory workers. Factory workers like enforcement of these new ergonomic ing out for them. They work two jobs, Ignacio Sanchez, my father, who standards for the Canadian lumber in- three jobs. Many do not have health in- worked for 40 years in the factory be- dustry. Under these new rules, it looks surance. Many make the minimum cause he had to support seven children. like it might be illegal for a logger to wage. They are meat packers, poultry These are the type of people my col- pick up a chain saw. I really want to workers, cashiers, assembly line work- leagues hurt today by passing this res- know if our Canadian friends will have ers, sewing machine operators. My olution. to operate under the same restrictions mother was a sewing machine operator. The problem with the resolution is that we are. They do the jobs that Members of that it would not only revoke the cur- See, my district has lost hundreds of Congress do not want to do. They are rent ergonomic standards, but it would jobs in the past few months to sub- the face that the Republican leadership prevent the Department of Labor from sidized Canadian timber prices, while today does not want us to see. They are issuing future general standards. How we have all but kicked our loggers out the ones who will pay with their liveli- can Congress prepare to debate a tax of the National Forests. hood when we roll back these work- bill for the rich and yet hurt the work- Now, I also have an even trickier place safety rules. ing people of America? I ask my col- question. When Mexican and Canadian In Connecticut, over 11,000 workers leagues to vote against this resolution. truckers come driving their loads of suffered workplace injuries in 1998. Mr. BOEHNER. Mr. Speaker, I yield 4 textiles and logs down our interstate They were forced to miss one day of minutes to the gentleman from Geor- highways as called for by NAFTA, is work. The cost to Connecticut’s econ- gia (Mr. Norwood), chairman of the OSHA going to enforce the same ergo- omy was $1 billion a year. Subcommittee on Workforce Protec- nomic standards on them as they do The President, the Republican lead- tions. our Teamsters? ership have decided that these workers Mr. NORWOOD. Mr. Speaker, I would Mr. Speaker, every Member of this do not deserve basic protections. The like to make it very clear to my House and every union worker in Wall Street Journal told us why yes- friends on the other side of the aisle, as America needs to recognize a terrifying terday. They said that the big indus- chairman of the Subcommittee on reality about the implementation of tries that bankrolled the Bush cam- Workforce Protections, I care about these standards. These new rules in- paign have now lined up looking for, the health and safety of workers just clude a total labor of compliance for and I quote, a return on their invest- as much as they do. But this is a very every corporation who will move U.S. ment. That is what this is all about bad rule coming from OSHA that could, jobs across our northern and southern today. That is why we are rolling back indeed, hurt those same workers they borders out of this country. Mr. Speak- worker-safety laws. want to protect. er, it appears our workers may face Stand with the people of America and Let us just take one simple hypo- more of a danger from new OSHA regu- not with the special interests. Vote thetical. Let us say an employee hurts lations than they ever would from re- against this bill today. themselves playing softball. They petitive motions. Mr. BOEHNER. Mr. Speaker, I yield 1 know that, under this regulation, if I urge rejection, I urge us all to dis- minute to the gentleman from Arizona they claim this musculoskeletal dis- agree with this standard whole- (Mr. FLAKE). order and can blame it on the work heartedly. It is as bad as the one this Mr. FLAKE. Mr. Speaker, it is not force, then they can take 90 days off House let the Labor Department pass 9 often that one gets to go to the House with 90 percent of their pay. The in- or 10 years ago on the blood-borne floor and actually vote on substantive jured patient then gets to the doctor pathogen standard. I know how bad legislation that will roll back regula- and gets the doctor to say this softball that one was because, in my other life, tion. It is equally a rare opportunity to accident really is work related. The I had to live under that nonsense. stand and commend the Senate for employers call the doctor and say, wait Please do not allow them to get away doing the right thing before we get a minute, this MSD was caused by with this again. Let us come back and here. Today we get to do both. I appre- playing softball. I know that. Two or write real standards. ciate this opportunity. three of our employees saw it. The doc- Mr. GEORGE MILLER of California. I stand in strong support of this leg- tor says, sorry, I cannot talk to you Mr. Speaker, I yield 1 minute to the islation. There is never a good time to about this. It is against the law. gentleman from Maryland (Mr. HOYER), March 7, 2001 CONGRESSIONAL RECORD — HOUSE H697 a member of the Committee on Appro- The time to act is now. American’s workers b 1900 priations, Subcommittee on Labor, can’t afford to wait. But the main point my colleagues Health and Human Services and Edu- I urge my colleagues to vote ‘‘no’’ on the have missed is it is the employer that cation. joint resolution of disapproval. decides whether or not the worker is Mr. HOYER. Mr. Speaker, I thank Mr. GEORGE MILLER of California. injured, not anybody else. My col- Mr. Speaker, I yield 30 seconds to the the chairman for yielding me this leagues are in fact asking America to gentleman from New Jersey (Mr. ROTH- time. suffer injury, if this is the legislative Mr. Speaker, on whatever side of the MAN). Mr. ROTHMAN. Mr. Speaker, these process of this House. If there is any issue, we all ought to be against this mercy, mercy on the American people. legislation on the floor today. To the workplace safety standards were not developed over night. They were dis- Mercy on the American people. This is new Members who come here, did they a disgrace. Vote against it. come here expecting to have no hear- cussed under a Republican administra- tion. It took thousands and thousands Mr. Speaker, I rise in strong opposition of ings, no consideration, no full debate S.J. Res. 6, Disapproving Resolution for the on issues of consequence to hundreds of of comments, 7,000 written comments. One thousand individuals came to hear- OSHA Ergonomics Rule. The resolution being thousands and, yes, millions of Ameri- considered by the House today will adversely cans? Is that how we are going to run ings across the Nation. They were not developed overnight. affect the American worker’s right to be prop- the House of Representatives? Is that erly compensated when injured on the job. I the responsibility we owe in a democ- As a result, these regulations were promulgated, put forth, only nine vehemently oppose this action to repeal the racy? Occupational Safety and Health Administration The gentleman from Georgia (Mr. pages to protect American workers. They have not even been put into effect (OSHA) regulations regarding the ergonomics NORWOOD) has been rolled on the Pa- yet. The Republican majority today, rule. tients’ Bill of Rights by his own leader- Under current law, Congress may repeal an ship? Why do we come to the floor roll- and President George W. Bush, want to throw out these workplace safety regu- agency’s regulation by enacting a resolution of ing us once again, and when I say ‘‘us,’’ disapproval within 60 days of the rule being not the Democrats and Republicans in lations before they have even been put into effect after 10 years of discussion promulgated. S.J. Res. 6 disapproves the rule the House of Representatives, but the issued by OSHA of the Labor Department re- thousands of people who might just and work. Vote no on this rule. Mr. BOEHNER. Mr. Speaker, I yield garding repetitive-stress injuries and provides want to come here and tell us how they 30 seconds to the gentleman from Geor- that the rule, announced in November, shall believe, what they think, what their gia (Mr. NORWOOD). have no force, effectively repealing it. perceptions are. Mr. NORWOOD. Mr. Speaker, I thank The regulation addressed by this dis- The gentleman from Georgia (Chair- the chairman for yielding me this approval resolution was issued in the final man NORWOOD) said this, ‘‘No reason to time. days of the Clinton Administration by (OSHA) believe they,’’ speaking of Libby Dole Mr. Speaker, I would simply like to to prevent repetitive-stress injuries. Since the and George Bush, ‘‘would be for this tell the gentleman from Maryland (Mr. appropriations act for FY 2001 was not en- legislation.’’ Of course there is no rea- HOYER) I do not look like I have been acted by last November, the Clinton adminis- son to believe, because we have not rolled, and I do not feel like I have tration was given an opportunity to promulgate asked them. We have not asked any been rolled; and we will get a patients a final ergonomics rule. American to come in and tell us what protection bill out. But it will not do The rule, promulgated last November by should we do. That is not the way to any good if my colleagues allow this OSHA, generally covers all workers, except legislate. standard to go through that OSHA is those in construction, maritime, railroad or ag- Reject this legislation. trying to put down on us. riculture, who are covered by other protec- Mr. Speaker, the final Workplace Safety Mr. GEORGE MILLER of California. tions. The rule requires employers to distribute Standard issued by the Occupational Safety Mr. Speaker, I yield 30 seconds to the to their employees information about and Health Administration on November 14, gentleman from New Jersey (Mr. musculosketal disorders (MDSs) and their 2000, was the result of a 10-year public proc- PASCRELL). symptoms. The OSHA rule that the resolution ess initiated in 1990 by Secretary of Labor, Mr. PASCRELL. Mr. Speaker, to my disapproves took effect January 16, 2001, but Elizabeth Dole. friend from Florida, some companies most of the requirements of the rule are not Use of the Congressional Review Act to re- do help the employees and workers and scheduled to be enforced until October 15, peal the Workplace Safety Standard is an ex- some do not. That is why we have Fed- 2001. Employers must also respond to em- treme measure. Not only would it represent eral legislation. ployees’ reports of MSDs, or symptoms of the first vote ever in Congress to take away a The young lady sitting to my left, MSDs, by this date. public health and safety protection, but it this hard-working young lady, is re- The rule requires—and for good reason—to would also prevent OSHA from ever issuing lieved every 15 minutes, is replaced. take action to address MSDs and ergonomic other important worker health and safety She goes downstairs and transcribes. hazards when an employee reports a work-re- measures. So while someone just said that lated MSD and has significant exposure to Each year, U.S. workers experience 1.8 mil- OSHA does not cover Federal employ- ergonomics risk factors. Under the rule, it is lion work-related repetitive stress disorders. ees, executive orders cover Federal em- the employer who determines if the MSD is And every year 600,000 workers in America ployees. Know the law. Know the law work-related; if it requires days away from lose time from work because of repetitive mo- right under our noses. work, restricted work, or medical treatment be- tion, back and other disabling injuries. Mr. GEORGE MILLER of California. yond first aid; and if it involves signs or symp- According to the Bureau of Labor Statistics, Mr. Speaker, I yield 30 seconds to the toms that last seven consecutive days after 34 percent of all lost workday injuries are re- gentlewoman from Texas (Ms. JACK- the employee reports them to the employer. lated to repetitive stress injuries. These inju- SON-LEE). The employer must do a quick check to as- ries are often extremely painful and disabling; (Ms. JACKSON-LEE asked and was sess whether the employee is exposed to sometimes they are permanent. given permission to revise and extend ergonomics risk factors, including repetition, Last year the Department of Labor esti- her remarks.) force, awkward postures, contact stress and mated that the workplace safety rule would Ms. JACKSON-LEE of Texas. Mr. hand-arm vibration. The rule would allow prevent about 300,000 injuries per year, and Speaker, this is a direct attack on the workers to finally receive the compensation save $9 billion in workers compensation and separation of powers. It certainly is they deserve. related costs. amazing to me that my colleagues have S.J. Res. 6 would effectively dismantle an Due to riders and similar block-at-all costs not taken the time to go and see what effective solution to the most important safety tactics since 1995, the delay in implementing it is to be in the poultry factory, and health problems that workers face today. this rule cost $45 billion in workers’ com- plucking legs and wings day after day The procedure being used to overturn the rule pensation and related costs, and allowed 1.5 and time after time, or being a high- prevents any kind of reasoned debate about million painful and disabling injuries that could tech worker. What an irony, it has the merits of the ergonomics rule. have been prevented. taken 10 years to do this; and over- Let’s look at the facts. Workplace practices The problems are real, but so are the solu- night, in 5 minutes, we are throwing it cause millions of ergonomics injuries each tions. The time for delay is past. out. year. OSHA’s rule will prevent more than 4.6 H698 CONGRESSIONAL RECORD — HOUSE March 7, 2001 million of these injuries in the first ten years Mr. Speaker, this really is a historic the job. How about the Home Depot and will benefit more than 100 million workers day in the people’s House. This is the worker? Same kind of waist band, and throughout the nation. first time that the Congressional Re- Amazon.com, we see them running OSHA estimates that the ergonomics stand- view Act of 1996 is actually working its around. How about the people at the ard will cost American businesses $4.5 billion way through Congress and for the first Kroeger store who stock the shelves? annually. But it will also save businesses $9.1 time in the 10-plus years that I have Those companies are there looking out billion in worker’s compensation costs and lost been a Member of Congress that the for their workers, as all employers are. productivity each year. This is an economic ar- Congress has stood up to the bureauc- And for Kroeger, as an example, when gument often forgotten. racy. it comes to the checkout person and The current ergonomics standard is the Yes, the gentleman from California is the height of that table they operate long-awaited result of a 10-year process right, there are nine pages of regula- from and that cash register, that is all begun by former Labor Secretary Elizabeth tions; but it took OSHA 600 pages to designed to protect those workers. Dole. This resolution is being considered try to explain this to American busi- So I would ask all my colleagues under a procedure that prevents reasoned nesses. And it would take any business today to stand up on this historic day consideration of the merits of this ergonomics owner in America a lawyer, a lawyer, and do what is right. Do what is right rule and prohibits amendments to that rule. to read through this to figure out ex- for American workers and do what is The resolution was rushed through the Senate actly under what conditions the em- right for American business, and let us and was abruptly added to the House sched- ployer had to live by this regulation. once and for all tell the bureaucracy ule by the GOP leadership—without adequate Now, we have heard a lot of debate here in Washington, enough is enough. notice usually given to such important meas- today about the fact there is only 1 Mr. GEORGE MILLER of California. ures. hour that we are going to have this dis- Mr. Speaker, I yield such time as she The recent National Academy of Sciences cussion today. Now, all of the Members may consume to the gentlewoman from study proves conclusively that workplace prac- who have been here, more than those Florida (Ms. BROWN). tices cause ergonomics injuries and that who were just here the last month and (Ms. BROWN of Florida asked and ergonomics programs work to prevent and a half, know that we have debated this was given permission to revise and ex- limit these types of injuries. This study simply issue for 10 years; and for the last 6 or tend her remarks.) confirms the results of numerous previous 7 years we have voted, the Congress, Ms. BROWN of Florida. Mr. Speaker, studies. every year, to stop this and told OSHA I rise in opposition to this first attack Mr. Speaker, if there are problems with the to go back and take a look at it be- from the Bush administration on the ergonomics rule, we should make changes to cause it is too broad, it is too com- working people after the coup d’etat address those problems. But such changes plicated, and it is too excessive on that took place in Florida. could be made administratively—without American workers and the people that Mr. Speaker, I rise in strong opposition to throwing out the entire rule and, with it, any they work for. this resolution. Corporate America, President debilitating ergonomic injuries. Let us pause And what happened? The bureauc- Bush and this Republican controlled Congress for a moment and remind ourselves of our ob- racy never listened. OSHA continued are abandoning the scientifically based worker ligation to provide full compensation of work- down their path of trying to shove this safety protections that the Labor Department ers’ injuries. I urge my colleagues to oppose down the throats of the American peo- had finally put in place. the resolution. ple. This Congress today is standing Mr. GEORGE MILLER of California. up, finally, to the bureaucracy and say- I would also like to point out that without the Mr. Speaker, I yield myself such time ing, enough is enough; it is time to do coup that took place this past November in as I may consume. something reasonable or not do it at Florida, we would not be having this debate. Mr. Speaker, I said earlier this all. This is another perfect example of how much evening this was an assault on the Now, why do I get a little excited it really does matter which party is in power American worker, and it is; but it is about this? Well, let us go back. Let us and which party cares about our nation’s also an insult to the American worker go back to October when Congress workers. that earlier today, rather than extend voted again to make sure that this After years of struggle, the newly enacted the debate so we could discuss the study did not go into effect. Four days worker protections are already under attack, facts, so we could debate it back and after the election, the Clinton adminis- and are about to be stamped out completely. forth, the House chose to rather stand tration and OSHA decided they were Big business and their allies in Congress, in recess than have a debate in the peo- going to proceed with this regardless of through an undemocratic political maneuver, ple’s House. what the Congress thought. Why 4 days want to throw out 10 years of struggle and re- When we asked for a hearing in com- after the election? So it could take ef- search to kill the standards that require em- mittee, there was no hearing forth- fect 4 days before the new administra- ployers to protect workers. coming in the committee. When the tion came to office. Remember, working men and women are Committee on Appropriations asked for I do not think that is what the Amer- the backbone of this country, and I cannot be- a hearing, there was no hearing. Yet ican people want. And I am proud of lieve that this Congress is simply ignoring their for years the Republicans have stalled the fact that my colleagues today will safety. this regulation by saying they wanted stand up and tell the bureaucracy, OSHA was finally moving forward to de- more evidence, they wanted additional enough is enough; that they are going velop a standard to prevent unnecessary inju- studies. They stalled it right up until to do things in a reasonable, respon- ries, and this bill would only cause those work- the last days of the Clinton adminis- sible way or they will not do them at ers more pain. tration. And then when President Clin- all. I urge my colleagues to stand up for the ton issued this regulation in the last Who are the people who are most workers of America and vote against this reso- days of his administration, they said, concerned about their workers in this lution. How could he do this at the last country? It is American small busi- Mr. CONYERS. Mr. Speaker, I rise today in minute? Because they had been stalling nessmen and small businesswomen who support of federal employees, who after ten him for 6 and 7 years to promulgate know that their workforce is the heart years of studies, scientific evidence and mil- this regulation. This is like the people and soul of their business. The chances lions of injuries, have taken the evidence and who kill their parents and then ask for them to succeed are based on their acted to protect the public interest. I rise in mercy from the court because they are workers and the relationship they have support of the findings of the studies initiated orphans. with their workers. They are the ones by my Republican Colleagues, which found It is no wonder this regulation has that are interested in them. not once, not twice, but in three separate stud- been stalled. And now when it is finally We heard about the FedEx drivers ies, that Musculoskeletal Disorders, which in- in place to protect the American work- with the bands around their waist, or jure nearly 2 million people annually, are ers, they insult the American workers the UPS drivers. Why do they wear caused by ergonomics hazards in the work- by overturning it in 1 hour. that? Not because of OSHA. Because place. I rise in support of the employees in my Mr. BOEHNER. Mr. Speaker, I yield their employer wants to make sure state and district who have suffered workplace myself the balance of my time. that they keep them healthy and on injuries, and who have continued to suffer March 7, 2001 CONGRESSIONAL RECORD — HOUSE H699 without the protection of an ergonomics stand- The problems with the OSHA ergonomics spare workers the pain, suffering and disability ard which has been found to prevent those in- regulations are numerous. Musculoskeletal caused by these injuries. If S.J. Res. 6 juries. I rise to applaud the Clinton Administra- disorders are poorly defined with no differen- passes, our workers will have no safety mech- tion’s efforts to protect worker safety and the tiation between job injuries and those, which anisms to protect them from being injured at enactment OSHA’s most significant rule to are pre-existing. It is impossible to ignore non- the workplace. date. Unfortunately, this legislation is just an- work-related factors, yet OSHA requires em- We cannot gamble with our worker’s health other attempt by the Republican Party to elimi- ployers to do so. Furthermore, there is no and safety. They should not have to suffer un- nate the gains that the Clinton Administration medical standard for confirming injuries or a necessary injuries. We must move forward gave to American workers. standard treatment protocol. Employees will and implement OSHA’s important protections If I were to tell you that 1,600 children were also be left to determine whether to follow a that will prevent more workers from being hurt. being injured at their schools every day, if federal OSHA requirement or state workers’ It is unfortunate that the Bush Administration 1,600 people were injured every day in car ac- compensation laws when any musculoskeletal is declaring war on working families by sup- cidents, if 1,600 people a day were injured in disorder occurs. porting this proposal. This Administration is any other fashion, we would have a national Industries have done extensive research of pushing this bill in order to pay off the big crisis on our hands. But when OSHA, the De- employees and their worker safety records. businesses that supported their election. partment of Labor, the Centers for Disease The results of their research have shown that But what about the working class who will Control, and three separate studies, find that voluntary initiatives such as early intervention, suffer tremendous losses due to the passage 1,600 workers are injured so severely on the job rotation, worker training, new equipment, of this bill? This is the same week that the Republicans job every day, that they need time off of work, and increased mechanization contribute to im- want to pass a tax cut to benefit the wealthy we not only turn our back on workers, but we proving worker safety records. while at the same time abolish workplace attempt, for the first time ever, to rescind a Passing this resolution to rescind OSHA’s safety standards for the working class! Where rule issued by federal agencies. These 1600 ergonomics regulation will be a victory for are the priorities our President and Republican injuries are preventable, my friends! These in- workers and businesses in Georgia. We must leadership? juries are estimated to cost 20 billion dollars ensure that workers have safe conditions in I strongly urge my colleagues to support our annually in workers compensation, while the which to work while at the same time allowing hard-working individuals by voting ‘‘no’’ on actual cost to the economy is nearly 50 billion businesses to prosper. The Clinton Adminis- passage of this proposal. dollars. These injuries result in lost wages for tration’s last minute, costly ergonomics man- Mr. BENTSEN. Mr. Speaker, I rise in strong working families and lost productivity for strug- date would have resulted in layoffs and higher opposition to S.J. Res. 6, the Disapproving gling small businesses. And it’s preventable! prices for goods and services. I urge all of my Resolution for the ergonomics rule that the I also rise today in strong opposition to the colleagues to join me in supporting this resolu- Occupational Safety and Health Administration method by which this legislation has come to tion. issued to prevent workplace-related repetitive- the House Floor. The Congressional Review Ms. LEE. Mr. Speaker, I rise in strong oppo- stress injuries. Act has never before been used to review a sition to S.J. Res. 6, the Disapproval Resolu- Today we stand poised, for the first time, to rule that our agencies have issued. It’s never tion for the OSHA Ergonomics Rule. This pro- disapprove an agency rule under the Congres- before been used. Ever. The Congressional posal will repeal ergonomic standards that sional Review Act (CRA). The target of this Review Act is an extremist tool, a part of the protect millions of working men and women. unprecedented effort is a rule that tries to ad- Contract with America, and it’s being used to These ergonomics guidelines were issued in dress musculoskeletal disorders (MSDs). The tie the hand of our federal agencies, and of fu- the final days of the Clinton administration by rule requires employers to take actions to ad- ture Congresses, and to end any chance of the Occupational Safety and Health Adminis- dress MSDs and ergonomic hazards if and ever protecting workers from preventable inju- tration (OSHA) to prevent repetitive-stress in- when the employer determines that an em- ries. The method by which this bill has come juries. ployee, who has significant exposure to to the House floor today, has left both sides These guidelines are designed to prevent ergonomics risk factors, has reported a work- unable to amend the legislation, bypassing musculoskeletal disorders, such as back inju- related MSD injury. This process was com- long established House procedures, including ries and carpal tunnel syndrome, which con- menced by former Labor Secretary Elizabeth review by the appropriate committee’s. It’s stitute the biggest safety and health problem Dole in 1990, during the first President Bush’s been rushed through by people long opposed in the workplace. Such injuries account for administration, who noted at the time that to OSHA’s ergonomics rule, and will result in nearly one-third of all serious job-related inju- there was sufficient scientific evidence to re- permanent debilitating injuries to employees, ries. quire OSHA to proceed to address ‘‘one of the and in billions of dollars of damage to our In 1999, according to the Bureau of Labor nation’s most debilitating across-the-board economy. Statistics, more than 600,000 workers suffered worker safety and health illnesses of the I encourage all of my colleagues to take a injuries caused by repetitive motion, heavy lift- 1990’s’’ Here we are, over a decade later, still close look at the studies which opponents to ing, and forceful exertion. Ergonomics injuries arguing about whether the OSHA has the au- this rule commissioned. They prove conclu- affect every sector of the economy, including thority to promulgate a workplace ergonomics sively that ergonomic practices can prevent in- nurses, cashiers, computer users, truck driv- rule. juries and help improve the quality of life of all ers, construction workers, and meat cutters. It is important to stress two things. First, working Americans. I strongly discourage es- Women are particularly harmed by such in- under the ergonomics rule, it is the employer, tablishing this dangerous precedent, and ask juries. Employees in data entry positions, as- not the employee, who determines if the re- that they vote against the Disapproval Resolu- sembly line slots, nursing home staffs and ported MSD is work-related. Employers may tion for the Ergonomics Rule. many other jobs face a heightened risk of obtain the assistance of a health care profes- Mr. CHAMBLISS. Mr. Speaker, I rise in workplace injury if implementation of the new sional in determining whether the MSD is strong support of the Senate Joint Resolution ergonomics standard is halted. work-related or employers may make the de- 6 to overturn the Occupational Safety and A January 2001 National Academy of terminations themselves. Second, the Health Administration’s flawed ergonomics Sciences (NAS) study concluded that there is ergonomics rule does not apply a ‘‘one-size- regulation. OSHA’s Ergonomic rules are un- abundant scientific evidence demonstrating fits-all’’ approach that forces employers to es- necessary, too costly to businesses, and may that repetitive workplace motions can cause tablish comprehensive ergonomics program. not accomplish the stated goal of improving injuries, and that such injuries can be pre- Employers are given the flexibility to tailor their worker safety. vented through ergonomic interventions. response to the circumstances of their work- The proposed regulation is expected to cost OSHA developed a set of regulations to pre- place. Employers may use a combination of $4.5 billion to the economy according to vent extensive worker injuries. It is estimated engineering, administrative and work-practice OSHA, I believe the cost will far exceed that. that implementation of these regulations will controls to reduce hazards. I suspect if the Small, medium, and large businesses would prevent more than 4.6 million injuries over the Agency put out specific requirements, they incur billions of dollars in new costs. If allowed next decade and save employers $9.1 billion would be chided for being to inflexible and to go into effect the OSHA regulation will be a year. If S.J. Res. 6 passes the House, placing impractical burdens on employers. the biggest, most onerous new government OSHA will be barred from issuing comparable Opponents of the ergonomics rule argue mandate industries have faced in years, and protections to protect workers. that the costs of complying with the OSHA there is absolutely no concrete evidence that Our workers need to be protected. The ergonomics standard will be $100 billion. it would result in a greater reduction in inju- OSHA guidelines will prevent hundreds of While I understand these concerns, and be- ries. thousands of serious injuries each year and lieve that the compliance burden of the H700 CONGRESSIONAL RECORD — HOUSE March 7, 2001 ergonomics standard should be limited, espe- ries. In the interest of protecting millions of It would be unconscionable to allow RSIs to cially on small businesses struggling to make workers from debilitating injuries, Congress continue to plaque working families in the new a profit, I am also concerned that some work- should reject the resolution of disapproval. millennium. ers may suffer undue stress and injuries from Mr. SCHAKOWSKY. Mr. Speaker, The Joint Resolution of Disapproval over- repetitive motions which could result in even ergonomics may be a fancy-sounding name turns last November’s standards and prevents greater costs. Studies have found that these but the impacts on workers from ergonomic the Department of Labor from issuing any disorders constitute the largest job-related in- hazards, including repetitive stress injuries similar standard unless specifically authorized jury and illness problem in the United States (RSIs), carpal tunnel syndrome and tendonitis by Congress. The Bush Administration and its today. Employers pay more than $15–$20 bil- are down-to-earth and serious. Working men Republican supporters in Congress say that lion in workers’ compensation costs for these and women who suffer from ergonomic inju- the rule costs too much. It is too costly in pro- disorders every year, and taking into account ries have difficulty accomplishing the simple tect 102 million workers? This same Adminis- other expenses associated with repetitive tasks that we take for granted. They often tration has proposed giving $774 billion to the stress injuries (RSIs), this total may increase cannot open a can of soup, cannot comb their richest one-percent of all Americans over the to $45–$54 billion a year. While thousands of hair, and cannot hug their children. All of us next 10 years. companies have taken steps to address and know someone who has suffered a repetitive I believe the November standards make prevent musculoskeletal disorders (MSDs) or stress injury. Many keep working, in pain, be- sense in terms of workplace health and safety RSIs, half of all American workplaces address cause they cannot afford to stop. Their injuries and economic productivity. But even if you be- ergonomics. The annual costs of this standard are serious, they are obvious, they are often lieve that the employers need help to make to employers are estimated to be $4.5 billion, life-long and—most importantly—they are pre- ergonomic changes, why not take some of while the annual benefits it will generate are ventable. that $774 billion and use it to improve work- estimated to be $9.1 billion. Every year, 600,000 workers suffer serious place safety? I simply do not believe that pro- Mr. Speaker, I rise in strong opposition to injuries because of ergonomic injuries (accord- tecting workers is beyond our means. this shortsighted congressional action has ing to a 1999 BLS study). Many of those in- ERGONOMIC INJURIES IN ILLINOIS ramifications far beyond treating the rule as if jured workers are women. In fact, while (Prepared for Representatives Rod R. it had never taken effect. Disapproval prohibits women are 46 percent of the workforce, they Blagojevich, Jerry F. Costello, Danny K. account for 64% of repetitive motion injuries, Davis, Lane Evans, Luis Gutierrez, Jesse OSHA from reissuing the same rule or a new Jackson, Jr., William O. Lipinski, David rule that is ‘‘substantially the same’’ unless the 69% of lost-work-time cases due to carpal tun- Phelps, Bobby L. Rush, and Janice D. new rule is specifically authorized by Con- nel syndrome, and 61% of lost-work-time Schakowsky) gress. Given the political minefield OSHA had cases from tendinitis. Ergonomic hazards are Minority Staff, Special Investigations Divi- to cross the first time, history tells us that they the cause of one-third of all serious job-related sion, Committee on Government Reform, won’t soon be traveling that road again, leav- injuries, but half of injuries affecting working U.S. House of Representatives, March 7, ing far too many American workers in work- women. They cost our nation $45 to $50 bil- 2001 places that do not address a substantial work- lion each year in medical costs, lost wages EXECUTIVE SUMMARY place hazard. and lost productivity. Ergonomic injuries, such as back problems, Mr. LEVIN. Mr. Speaker, I strongly oppose I, along with my Democratic colleagues in tendonitis, sprains and strains, and carpal the resolution pending before the House, the Illinois delegation, today released a report tunnel syndrome, are a serious and expensive which would disapprove the Department of prepared by the minority staff of the Govern- workplace problem affecting the health of hundreds of thousands of workers and cost- Labor workplace safety rules related to ment Reform Committee. It found that, in ing the U.S. economy billions of dollars an- ergonomics. In the strongest possible terms, I 1998, 26,734 Illinois workers suffered injuries nually. In 1998, almost six hundred thousand urge my colleagues to reject this measure. so severe that they missed at least one day of workers suffered ergonomic injuries that There have been ten years of science and work. Of those injuries, 5,554 workers—more were so severe that they were forced to take study on this issue. Each year, it is estimated than 1 in 5—missed more than a month of time off of work. that 1.8 million Americans suffer from work- work. The cost of Illinois’ economy is over $2 Ergonomic injuries account for one-third place injuries, many of which result from over- billion a year. of all occupational injuries and illnesses and constitute the single largest job-related in- exertion or repetitive motion. Musculoskeletal Last November, after 10 years of study, 9 jury and illness problem in the United injuries on the job cause 300,000 injuries each weeks of hearings, 11 best practices con- States. The National Academy of Sciences year. Workers in the meatpacking and poultry ferences, 9 months of opportunity for written has estimated that the costs of ergonomic industries, auto assembly, nursing homes, comment, and years of legislative delays, injuries to employees, employers, and soci- transportation, warehousing, construction and ergonomic standards were finally issued to ety as a whole can be conservatively esti- data entry are among those most affected. prevent injuries. The program standard issued mated at $50 billion annually. Due to the demographics of these jobs, last fall outlined the benefits from this rule: 4.6 The U.S. Department of Labor has worked for a decade to develop regulations to pre- women are particularly at risk. Many of these million fewer injuries, protections for 102 mil- vent ergonomic injuries. These regulations injuries are serious enough to require time off lion workers at 6.1 million worksites, $9.1 bil- were finalized in November 2000. However, from work, and cost businesses billions in lion in average annual savings, and $27,700 Congress is now considering repealing these workers compensation. savings in direct costs for each injury pre- regulations using the Congressional Review It speaks volumes that after years of delay- vented. The cost: $4.5 billion a year. Half of Act, a special legislative maneuver that has ing these workplace safety standards with the the projected savings result from preventing never been used before. argument that more time and study were In order to estimate the impact of a repeal 4.6 million injuries. of the ergonomics rule on Illinois workers needed, the Republican Majority has rushed In January 2001, the National Academy of and on the state’s economy, Reps. Rod R. this resolution of disapproval to the Floor with Sciences issued a Congressionally-mandated Blagojevich, Jerry F. Costello, Danny K. little notice, no committee hearings, no possi- study, giving the latest in a long line of con- Davis, Lane Evans, Luis Gutierrez, Jesse bility of amendment, and only one hour pro- firmations that ergonomic injuries are a seri- Jackson, Jr., William O. Lipinski, David vided for general debate. It’s also ironic that, ous workplace problem and they can be pre- Phelps, Bobby L. Rush, and Janice D. should the House adopt the resolution before vented through standards to reduce ergonomic Schakowsky requested that the Special In- us today, a workplace safety rulemaking that hazards. vestigations Division of the minority staff of began 9 years ago during the first Bush Ad- There is practical evidence as well. At com- the Committee on Government Reform con- panies like 3M and the big three auto makers, duct a study of ergonomic injuries in the ministration will be derailed by the signature of state. This report, which is based on data ob- George W. Bush. ergonomic standards have not only helped re- tained from the Bureau of Labor Statistics If there are problems with the new duce worker injuries, they have saved money (BLS) and cost estimates prepared by the ergonomics rules, they can be addressed and made the companies more productive. National Academy of Sciences, presents the through the regular process, through hearings, Ten years ago, Labor Secretary Elizabeth results of the investigation. and perfecting changes. Instead, today we Dole called repetive stress injuries ‘‘one of the The report finds that: have a sledgehammer. nation’s most debilitating across the board Thousands of Illinois workers suffer from ergonomic injuries. In 1998, 26,734 Illinois Republicans should not be putting the spe- worker safety and health illnesses of the workers suffered ergonomic injuries that cial interests ahead of the public interest. 1990’s.’’ We have delayed action for 10 years. were so severe that they were forced to miss We’ve studied this and studied this for the last Over that time, 6 million working men and at least one day of work. Ergonomic injuries ten years. The results are in. It’s time to pro- women suffered needlessly. It is wrong that accounted for one-third of all occupational tect Americans from these preventable inju- we let the 1990’s go by without taking action. injuries that occurred in Illinois. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H701 Many of these ergonomic injuries are se- unless an employee reports an ergonomic in- The cost figures in this analysis are esti- vere, causing workers to miss significant jury or persistent signs of one. If an em- mates and are based upon several assump- time away from work. Of the 26,734 ergo- ployee reports an ergonomic injury or per- tions about the cost of treating ergonomic nomic injuries that caused workers to miss sistent symptoms, and the employee is ex- injuries and the lost wages and productivity time at work, 5,554, over 20%, caused workers posed to ergonomic hazards, the employer due to these injuries. However, because the to miss more than a month of work. Almost must then take action to address the prob- BLS data significantly underestimate the 60% percent of the injuries were so severe lem. This action could range from a ‘‘quick total number of injuries, it is likely that that they caused workers to miss more than fix,’’ if the injury is isolated, to implementa- these estimates are significantly below the one week of work. tion of a full ergonomics program. true cost of ergonomic injuries. According to Ergonomic injuries cost Illinois’s economy The standards cover over six million em- the National Academy of Sciences, ‘‘there is over two billion dollars each year. The anal- ployers and over 100 million workers. OSHA substantial reason to think that a signifi- ysis estimates that the total statewide cost estimates that compliance will cost $4.5 bil- cant proportion of musculoskeletal disorders of ergonomic injuries, including lost wages lion annually, but that the standards will that might be attributable to work are never and lost economic productivity, was approxi- save approximately $9.1 billion annually and reported as such.’’ For example, a study in mately $2.3 billion in 1998. prevent roughly 4.6 million injuries over the Connecticut found that only 10% of workers next ten years. who suffered from work-related ergonomic I. INTRODUCTION Congress is now considering overturning injuries had filed workers’ compensation Ergonomic injuries, such as back problems, these regulations using a special legislative claims, suggesting a high level of under- tendonitis, sprains and strains, and carpal maneuver, the Congressional Review Act reporting. tunnel syndrome, are a serious and expensive (CRA), which has never been used before. The IV FINDINGS workplace problem affecting the health of CRA, enacted in 1996 as part of the Repub- A. The Number and Severity of Ergonomic Inju- hundreds of thousands of workers and cost- lican Contract with America, allows Con- ries in Illinois ing the U.S. economy billions of dollars an- gress to repeal rules promulgated by execu- The Bureau of Labor statistics indicate nually. In 1998, almost six hundred thousand tive agencies. The CRA also allows Congress workers suffered ergonomic injuries that that ergonomic injuries are a severe problem to by-pass many procedural requirements in the state of Illinois. The data show that in were so severe that they were forced to take and repeal rules with very little debate. 1998, 26,734 workers suffered ergonomic inju- time off of work. Ergonomic injuries account On March 1, 2001, Senator Don Nickles (R– ries that were so severe that they were for one-third of all occupational injuries and OK) invoked the CRA and introduced S.J. forced to miss at least one day of work. illnesses and constitute the single largest Res. 6, which disapproves the recently en- Ergonomic injuries accounted for one-third acted ergonomics rule. If both the House and job-related injury and illness problem in the of all occupational injuries that occurred in the Senate pass the legislation to overturn United States. These injuries are painful and Illinois in 1998. debilitating. Ergonomic injuries can perma- the regulation, and the President does not Many of these ergonomic injuries are se- nently disable workers, not only reducing veto it, the ergonomics rule will be repealed. vere, causing workers to miss significant their ability to perform their job, but pre- The Labor Department would then be perma- time away from work. Of the 26,734 ergo- venting them from handling even simple nently prevented from issuing any nomic injuries that caused workers to miss tasks like combing their hair, typing, or ergonomics rule that is ‘‘substantially the time at work, 5,554, over 20%, caused workers picking up a baby. same’’ as the disapproved rule. to miss more than a month of work. Almost These injuries are also expensive. Employ- II OBJECTIVE OF THE REPORT 60% of the injuries were so severe that they ees lose wages because of these injuries, This report was requested by Reps. caused workers to miss more than one week while employers are forced to pay billions in Blagojevich, Costello, Davis, Evans, Gutier- of work. These extended absences cause fi- compensation and face high costs because of rez, Jackson, Lipinski, Phelps, Rush, and nancial hardship for employees and increase the loss of productivity from the injuries. Schakowsky to estimate the incidence of costs for their employers. The National Academy of Sciences has esti- ergonomic injuries in Illinois. While there Workers in some industries are at higher mated that the costs of ergonomic injuries have been analyses of the numbers of work- risk of ergonomic injuries than workers in to employees, employers, and society as a ers affected and the cost of ergonomic inju- others. Overall, workers in the manufac- whole can be conservatively estimated at $50 ries at the national level, there have been turing suffered the most injuries (7,303), fol- billion annually. few estimates of the extent of the problem at lowed by workers in the services sector (6,132 Both Republican and Democratic adminis- the state level. This report is the first con- injuries), and workers in transportation and trations have been concerned about ergo- gressional study to estimate the number of public utilities (4,731 injuries). Among indus- nomic injuries for over a decade. In 1990, ergonomic injuries in Illinois, as well as the try divisions employing a significant number Elizabeth Dole, Secretary of Labor for Presi- first to estimate the costs of these injuries. of Illinois citizens, the transportation and public utilities industry had the highest inci- dent George H.W. Bush, found that ergo- III. METHODOLOGY nomic injuries were ‘‘one of the nation’s dence rate of ergonomic injuries, 148 per This analysis presents an estimate of the most debilitating across-the-board worker 10,000 workers. number of ergonomic injuries in Illinois, and B. The Cost of Ergonomic Injuries in Illinois safety and health issues’’ and announced an estimate of their cost. The data on the that the Bush Administration was ‘‘com- number ergonomic injuries was obtained Ergonomic injuries cost Illinois’s economy mitted to taking the most effective steps upon request from the Bureau of Labor Sta- millions of dollars each year. In 1998, work- necessary to address the problem of ergo- tistics (BLS). BLS conducts extensive sur- ers’ compensation insurance paid injured nomic hazards. In June of 1992, President veys of 220,000 private employees in 41 states, workers in Illinois $1.7 billion. The BLS data Bush’s Labor Department began work to es- and produces state and national estimates of show that ergonomic injuries accounted for tablish regulations to solve the problem of the total number of workplace injuries and 33% of all workplace injuries in Illinois that ergonomic injuries. illnesses based on these survey results. The year. If workers with ergonomic injuries re- Under President Clinton, the Department data obtained from BLS includes informa- ceived a proportionate share of the payments of Labor continued to investigate the causes tion on all musculoskeletal disorders—such from workers’ compensation, the cost of and potential solutions to ergonomic inju- as sprains and strains, back injuries, and workers’ compensation payments for Illinois ries. Last year the Department held nine carpal tunnel syndrome—that caused em- workers that suffered ergonomic injuries in weeks of hearings with more than one thou- ployees to miss at least one day of work. In 1998 would be approximately $560 million. sand witnesses. It sponsored 11 best practices addition to obtaining information on the Workers’ compensation payments are only conferences and allowed for nearly nine total number of musculoskeletal injuries, a part of the total economic cost of ergo- months of written comment from the public. the minority staff also requested and ob- nomic injuries, however. Employers and em- It examined extensive scientific research, in- tained more detailed data on the types and ployees must not only pay for medical treat- cluding a 1998 National Academy of Sciences severity of injuries, the industries in which ment, but lose millions of dollars in lost study that found that ergonomic injuries can they occur, and the workers who are af- wages and lost economic productivity. Over- be caused by work and that workplace inter- fected. all, the National Academy of Sciences esti- ventions can reduce the number and severity The report also estimates the cost of ergo- mates that the total cost of ergonomic inju- of these injuries. Finally, on the basis of this nomic injuries in Illinois. In order to esti- ries to the U.S. economy is approximately evidence, the Department concluded that mate these costs in Illinois, the report relies $50 billion annually. In 1998, Illinois’s private ergonomic standards would reduce the num- upon the recent estimate by the National industry workers suffered 26,734 ergonomic ber and severity of ergonomic injuries. Academy of Sciences of the nationwide eco- injuries, which is 4.5% of all ergonomic inju- On November 14, 2000, the Department nomic costs of ergonomic injuries. The eco- ries that occurred in the United States. If issued the final standards to reduce the oc- nomic costs estimated by the National Acad- the state of Illinois bears a proportionate currence of ergonomic injuries. Beginning in emy of Sciences include medical costs, lost share of the nationwide economic costs of October of this year, covered employers must wages, and lost productivity. In order to de- ergonomic injuries, this would mean that provide their employees with information termine a statewide share of these costs, the total costs due to ergonomic injuries in Illi- about ergonomic injuries, how to recognize report calculates the proportion of all U.S. nois in 1998 were approximately $2.3 billion. and report them, and a brief description of ergonomic injuries that occur in Illinois. The V. CONCLUSION the new ergonomic standard. The employee report then uses this proportion to estimate This analysis finds that ergonomic injuries is not required to take any additional steps the total economic costs in Illinois. present a severe health problem for Illinois’s H702 CONGRESSIONAL RECORD — HOUSE March 7, 2001 workers and a significant economic cost Unfortunately, the rule put forward by the found that in 1999 musculoskeletal disorders statewide. Over 26,000 Illinois workers suf- Department of Labor is unnecessarily broad accounted for 130 million encounters with phy- fered ergonomic injuries that forced them to and overreaching. Rather than being limited to sicians, hospitals, emergency rooms and out- miss work in 1998. These injuries were often jobs that involve numerous repetitive motions serious, with almost 60% of the injuries caus- patient facilities. ing workers to miss more than a week of or excessive lifting, OSHA has created a rule The study concluded that there is a relation- work. The total cost of ergonomic injuries to so enormous in its scope that it regulates ship between back disorders and manual ma- employers and employees in Illinois in 1998 every motion in the workplace. Additionally, terial handling, heavy physical work, frequent was approximately $2.3 billion. specific parts of the proposal have been iden- bending and twisting and whole body vibra- Mr. CLAY. Mr. Speaker, I rise to urge my tified by small business as costly and trouble- tion. Repetition, force and vibration are related colleagues to support the OSHA Ergonomics some; a charge I take very seriously. Further- to hand and arm injuries. Standard by voting no on the CRA resolution. more, there are charges that many non-work The NAS concluded that ‘‘the weight of the The importance of maintaining the related factors may increase the likelihood of evidence justifies the introduction of appro- Ergonomics standard as it relates to the health injury, yet OSHA’s standard holds employers priate and selected interventions to reduce the and well being of American workers cannot be accountable. Lastly, some critics say there is rise of musculoskeletal disorders of the lower argued. Each year, ergonomic workplace haz- a lack of consensus in scientific communities back and upper extremities. These include, ards cause over 1.8 million Americans to suf- as to the causes and proven remedies for re- but are not limited to, the application of ergo- fer crippling Musculoskeletal disorders, or petitive stress injuries. nomic principles to reduce physical as well MSDs. And of those injuries, 600,000 result in Two specific concerns prompt me to cast a psychosocial stressors.’’ Clearly, the $1 million lost time from work. vote of no confidence on the ergonomics rule. NAS study mandated by Congress supports Clearly, MSDs are the greatest single safety Besides the legitimate concerns I have already the ergonomics rule. and workplace hazard confronting American discussed, I am skeptical of regulations that Consider the experience of the automobile workers today. But these types of injuries can are put into effect during the final days of an industry. In 1994 Chrysler, Ford and General be prevent simply by requiring employers to Administration that had eight years to promul- Motors and the United Auto Workers nego- adhere to specific ergonomics workplace gate them. Despite the obvious political as- tiated ergonomics programs in auto plants. standards—and the OSHA rules do just that. pects of these regulations, the idea that a rule The results: for workers, fewer and less se- The long overdue OSHA ergonomics stand- can use a ‘‘one size fits all’’ approach to ad- vere injuries; for employers, gains in produc- ard is supported by extensive scientific re- dress the immensely complex ergonomics tivity, 1994. The Bureau of Labor estimates search and an exhaustive rulemaking record. issue is foolhardy at best. Washington has that in just 1 year, 69,000 work-related injuries We have the testimony of scores of scientific tried this approach before and failed, time and were prevented in these companies. Of these, experts and hundreds of workers presented time again. Secondly, the negative impact the 41,000, or over two-thirds, were repetitive during numerous hearings on the matter—and 700 pages of regulations will have on small stress injuries. they confirm that MSD injuries ARE serious, businesses is predictable. It will cost them OSHA estimates that 102 million workers in and they ARE caused by inadequate work- time and money to decipher them, cost them 6.1 million workplaces would be covered by place environments, AND, they ARE prevent- more to implement, and cause many to simply the new ergonomics standard. Over ten years able. close up shop. Small businesses are the en- ergonomic problems in 18 million jobs will be Since 1990, when then-Secretary of Labor gine that drives the economy, and the more fixed. Direct cost savings for each of these Elizabeth Dole first promised to take action to difficult we make it for them to succeed problem jobs is $27,000, including saving lost protect workers from repetitive strain injuries, through unnecessarily burdensome regula- productivity, lost tax payments and the admin- more than 6 million workers have suffered se- tions, the more difficult it is for the economy to istrative costs related to workers’ compensa- grow. rious MSD injuries. tion claims. American workers have waited over ten My vote of no confidence on the ergonomics The ergonomics rule is extremely important years for this critical workplace protection and regulations does not mean I oppose an to women in today’s workforce. Women make we must not make them wait any longer. ergonomics standard; I just oppose this one. I up 46 percent of the workforce, but account Every member of Congress has experi- plan to work with Labor Secretary Chao to en- for 64 percent of repetitive motion injuries. Re- enced first-hand the enormous pressure com- sure our workers are protected from unhealthy ing from the White House, the Republican work environments. Secretary Chao has made peal of the ergonomics rule will have a dis- leadership and business groups for us to use clear in a letter to Members of Congress, ‘‘Let proportionate effect on women in the work- the Congressional Review Act to do away with me assure you that, in the event a Joint Reso- place. these critical worker protection standards. lution of Disapproval becomes law, I intend to Women account for 64 percent of repetitive But while the Bush Administration says pursue a comprehensive approach to motion injuries. Women account for 69 percent of lost-time these rules place an unfair financial burden on ergonomics which may include new rule- corporations, it says nothing about the long- making, that addresses the concerns levied cases from carpal tunnel syndrome. Women account for 61 percent of lost-time term health problems MSD’s impose on Amer- against the current standard * * * Repetitive cases from tendinitis. ican workers. stress injuries in the workplace are an impor- Annually over 180,000 women are injured These new safety and health protections will tant problem.’’ I pledge to work with her to see due to overexertion. prevent hundreds of thousands of serious a quality, common sense, workable According to the AFL–CIO, the top five jobs MSD injuries each year and spare American ergonomics standard put in place to protect with the highest number of nonfatal injuries re- workers the pain, suffering and disability the valued workers of our nation. caused by these debilitating injuries. Mrs. MINK of Hawaii. Mr. Speaker, the quiring time off are nursing aides, orderlies I urge every member of Congress to join ergonomics rule adopted by the Occupational and attendants; registered nurses; cashiers, with the scientific experts and safety and Safety and Health Administration (OSHA) ten maids and housekeepers and assemblers. health professionals in support OSHA’s years after first being proposed by then-Sec- Disapproving the ergonomics rule through Ergonomics standard, so all working people retary of Labor Elizabeth Dole will protect 102 use of the Congressional Review Act will pre- throughout this country can finally have the million American workers from injuries in the clude OSHA from ever again promulgating a workplace protections they so urgently need workplace. rule on ergonomics. The Administration could and so justifiably deserve. For the sake and The ergonomics rule is designed to protect amend, revise or even repeal the rule through health of American workers, vote no on the workers from musculoskeletal disorders the very same rulemaking process that led to CRA resolution. caused by highly repetitive, heavy and forceful the rule. Congress can effectively suspend the Mr. SWEENEY. Mr. Speaker, As the former work. The injuries that result account for near- rule by prohibiting OSHA from spending any Labor Commissioner for the State of New ly a third of all serious job-related injuries. money to implement the rule. But by dis- York, I have a long standing and well known According to the Bureau of Labor Statistics, approving the ergonomics rule through use of concern for workers rights and worker protec- in 1999 more than 600,000 workers suffered the Congressional Review Act, OSHA will not tion. I strongly believe that our workers are serious workplace injuries caused by repetitive be able to issue any ergonomics rule in the fu- companies’ best asset. Our workers are some motion and overexertion. These injuries cost ture. OSHA will never be able to implement of the best educated and most productive in employers and employees $45 to 54 billion any of the recommendations of the National the world and they deserve protection from annually in compensation costs, lost wages Academy of Science as a result of the use of unhealthy worker environments. For this rea- and lost productivity. the Congressional Review Act. son I was pleased to see the U.S. Department The National Academy of Sciences, in a I urge my colleagues in the interest of work- of Labor work to address workplace injuries. January, 2001 report mandated by Congress, er safety to please vote ‘‘no’’ on S.J. Res. 6. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H703 Mr. OTTER. Mr. Speaker, OSHA’s final out of, or in the course of, employment.’’ By The Idaho Farm Bureau Federation urges ergonomic rules are flawed and based on as- creating a controversial new government you to support the Joint Resolution of Dis- sumptions and speculation. Even a study done mandated compensation program, OSHA ex- approval on the ergonomic protection stand- ceeds its mandate of injury prevention and ard. by the National Academy of Sciences on supercedes and negatively affects Idaho’s Passage of the JRD would invalidate the ergonomics, which implied their support of worker’s compensation law. Work restriction ergonomic protection standard promulgated OSHA’s ergonomics regulation, called for protection is, in effect, a federal workers by the Occupational Safety and Health Ad- more research and better statistics. We can’t compensation system which conflicts with ministration in November 2000. OSHA would run agencies on assumptions, instead, agen- state administered workers compensation. still be free to offer guidelines and enforce cies must govern on sound principles. And State workers’ compensation laws, would other OSHA requirements for workplaces to sound principles do not include holding em- be undermined by OSHA’s proposed regula- be free of recognized hazards. OSHA would be tions. The rule provides for compensation far ployers responsible for employee injuries that prohibited from re-introducing substantially in excess of that provided under Idaho’s the same regulation later. may have occurred outside the workplace. Workers’ Compensation statues. The added Common Arguments Against a Congres- That’s simple unfair and unjust to small busi- compensation would leave such employees sional Review Act JRD and appropriate re- nesses across the country. with little incentive to return to work fol- sponses: What we have here is another federal agen- lowing an accident. The National Academy of Sciences (NAS) cy that doesn’t trust the American people. In The rule seems to state that the injury study that employers supported and obtained fact, small businesses, testifying before OSHA need not even be caused by the workplace in funding for confirms the need for an order for a worker to be compensated under ergonomics regulation. public hearings, suggested non-regulatory, the rule. Also the difficulty in diagnosing educational and voluntary approaches to ad- False: The NAS study clearly shows the the cause or even confirming the existence of contradictory nature of the research on ergo- dressing ergonomic issues. However, OSHA musculoskeletal disorders is well known. nomic injury and work-relatedness. NAS ignored small business concerns despite the These facts confirm the rule is a clear invita- even acknowledges that ‘‘psycho-social fac- fact the American people and small busi- tion to fraud. tors’’ (like personal stress, whether one likes nesses have voluntarily reduced injuries by We are concerned that the regulation is one’s job or employer) are major contribu- ahead of the science and that individual so- tors to workplace ergonomic injuries. 26% between 1992 and 1998. lutions do not always work generally. We OSHA estimated the ergonomics standard Employers are desperately seeking ways to have learned through implementing our own overturn the regulation even though ‘‘all the will cost employers $4.2 billion a year, but a program that for some employees, isolating Small Business Administration report esti- scientific evidence’’ indicates it is needed. workplace causes is straightforward. For False: OSHA rushed the ergonomic stand- mated the actual cost of compliance would be others it is not, depending upon activities ard through at the 11th hour of the Clinton as high as $42.3 billion. This cost will come outside the workplace and unique physi- administration despite the equivocal NAS out of American’s wallets just because OSHA ology. evaluation of the science. The American Col- Even if the causal link between the injury wanted to put this rule in place, even though lege of Occupational and Environmental and the workplace can be identified, abate- Medicine was so concerned about the science they did so without listening to the people ment is sometimes not clear. Yet, the rule supporting the ergonomic regulation that it through a Congressionally-mandated analysis. now creates potential liability for the em- withdrew its earlier support of an Mr. Speaker, along with the burden of an- ployer with no clear objective way to achieve ergonomics standard once OSHA published other regulatory program, OSHA’s program compliance. This is not appropriate. With a single-event trigger and the broad it. will invite a new wave of questionable claims Passing a Joint Resolution of Disapproval remedies mandated when such an event oc- and an increased number of lawsuits. Let us will prevent OSHA from ever addressing the curs, we will be forced to allocate limited re- get back to common sense, leave it up to peo- issue of workplace ergonomic injuries. sources to solve problems that may not real- ple in the workplace to decide, and vote for False: If Congress passes a JRD, the Con- ly exist, diverting those resources from gressional Review Act forbids OSHA from S.J. Resolution 6—a Measure of Disapproval where they can be best used to provide the again promulgating a regulation that is for OSHA. safest possible workplace. Mr. Speaker, I also submit the two letters at- Disputed claims would likely have to work ‘‘substantially’’ the same. OSHA would re- tain the right to issue guidance to employers tached for the RECORD, because they too state their way through both the OSHA system to prevent ergonomic injuries, to promulgate the case of OSHA’s misguided efforts. and the states’ workers’ compensation sys- tem, greatly increasing the cost to employ- best management practices, and even pro- MICRON TECHNOLOGY, INC., mulgate a future rule that is substantially Boise, ID, March 6, 2001. ers. Since the OSHA rule does not establish a system for dispute resolution, it is likely different from the November 2000 regulation. Rep. C.L. ‘‘BUTCH’’ OTTER, Thank you for your consideration of this 1st Congressional District, House of Representa- that implementation of the rule would result in a flood of litigation that would inundate matter. tives, Longworth House Office Building, Sincerely yours, Washington, DC. an already overtaxed federal court system. The paperwork created by the standard is RICK D. KELLER, DEAR REPRESENTATIVE OTTER: I am writing Executive Vice President, CEO. on behalf of Micron Technology, Inc. regard- extremely burdensome and does not nec- ing OSHA’s recent rules creating an essarily lead to increased safety. Mr. ENGEL. Mr. Speaker, I rise in opposi- As you can see OSHA’s ergonomics pro- ergonomics program standard. As Vice Presi- tion to the resolution to repeal the ergonomics gram standard is flawed in virtually all as- dent of Operations whose responsibilities in- rule on repetitive motion syndrome issued by pects and will negatively impact jobs, safety, clude the safety of Micron’s employees, pro- employee benefits, costs to consumers and the Occupational Safety and Health Adminis- viding a safe work environment is an essen- profitability. It is incumbent on Congress to tration (OSHA). OSHA has been working on tial part of my responsibilities. Micron cur- disapprove the rules and to consider more the new regulations for the last 10 years and rently has a quality ergonomics program and appropriate approach to reducing injuries in that work has produced a rule that will protect knows such a program can enhance work- the workplace. If you have any questions re- place safety. However, the standard adopted our nation’s workforce from what then Sec- garding the ergonomics rule and its impact by OSHA would have a negative impact on retary of Labor, Elizabeth Dole, called ‘‘one of on my company, please feel free to contact Micron and would actually inhibit our abil- the nation’s most debilitating across-the-board me. ity to provide the safest possible workplace worker safety and health illnesses in the Sincerely, for our employees. Therefore, we strongly 1990’s.’’ JAY HAWKINS, encourage you to vote for the Joint Resolu- V.P. Operations. The plain truth is that America’s workers tion of Disapproval of the Standard under suffer thousands of injuries every day and mil- the Congressional Review Act. IDAHO FARM BUREAU FEDERATION, lions of injuries every year. While not all inju- While the ergonomics rule may be well in- Pocatello, ID, March 6, 2001. tentioned, it is seriously flawed. These flaws ries are unavoidable, we in Congress have a Hon. BUTCH OTTER, include: duty to protect our workers from unnecessary The proposed regulations exceed the au- Longworth House Office Building, injury. The ergonomics rule will prevent thou- thority granted OSHA under the Occupa- Washington, DC. sands of injuries due to repetitive motion syn- tional Safety and Health Act of 1970 which Attn: Todd Urgerecht, Legislative Affairs Di- drome. It has been estimated that the new reads in part, ‘‘Nothing in this Act shall be rector. protections will prevent over four and a half construed to supercede or in any manner af- DEAR REPRESENTATIVE OTTER: The Senate million injuries over the next ten years and fect any workmen’s compensation law or to is scheduled to begin debate on Joint Resolu- enlarge or diminish or affect in any other tion of Disapproval (JRD) on the ergonomic save employers and workers $9 billion each manner the common law or statutory rights, protection standard on Tuesday, March 6, year. We cannot let this opportunity pass us duties, or liabilities of employers and em- and vote on the resolution on Wednesday, by. The fact that the resolution would prevent ployees under any law with respect to inju- March 7. The House may vote on the Senate- similar regulations from being implemented in ries, diseases, or death of employees arising passed resolution on March 8, or March 9. the future is unconscionable. Repetitive motion H704 CONGRESSIONAL RECORD — HOUSE March 7, 2001 syndrome is a real problem that will not go Let’s give the American people something send the standard back to the drawing board. away with the passage of this resolution. that they will really see and reap the benefits Rather, it would effectively prohibit OSHA from Our workforce is suffering and we can ill af- from each day—safe-working environments. issuing a protective standard to address the ford to repeal this much needed rule and This is not only good science, but good pol- nation’s largest job safety program. This effort leave workers without any of the protections icy. should be seen for what it is—an effort to kill deemed necessary by OSHA. It is amazing to Mr. LANGEVIN. Mr. Speaker, I rise today to any ergonomics standard once and for all. me that the republicans have resorted to dust- express my strong opposition to S.J. Res. 6. Unfortunately, the ergonomics regulations ing off the rule book to use a technicality as This resolution would effectively overturn ten are opposed by the majority party for the cost a means of blocking this provision. What are years of scientific study, public debate and they would impose upon employers without re- we to say to the thousands of workers that will agency efforts, which have resulted in a com- gard for the value they would provide to the suffer from repetitive motion syndrome in the prehensive and historic rule to protect the workforce and the long-term benefits to our years to come if this rule is repealed. I don’t health and safety of America’s workers. economy. Basic safety in the workforce should think that those suffering will be heartened by In 1990, when this process was initiated, be given, not some benefit that can be the notion that this is political posturing at its Labor Secretary Elizabeth Dole expressed her dropped at an employer’s whim. I oppose ef- best. concern that repetitive stress injuries con- forts to delay or overturn regulations that We cannot let this resolution pass. We must stituted one of the most serious worker safety would enhance safety in the workplace. let the ergonomics rule take affect so that our issues of the decade. Now it is a new decade, I urge my colleagues to vote ‘‘no’’ on the workers will enjoy the safety and protection and we finally have a standard in place to pre- resolution before us today. due to them. I urge all my colleagues to vote vent millions of injuries and create a safer en- Mr. CUNNINGHAM. Mr. Speaker, I rise no on the resolution. vironment in workplaces across the country. It today in support of S.J. Res. 6, The Mr. CROWLEY. Mr. Speaker, I rise today in would be a tragedy to dismantle all the Ergonomics Rule Disapproval Resolution. I am opposition to the Congressional Review Act progress that has been made and deny our pleased that this resolution has moved so (CRA) resolution to repeal the ergonomics workers the protections they deserve. quickly to the House floor, and I hope that it workplace safety standards. I understand the concerns of many business will soon be on its way to the White House to Each year, one million workers in this coun- owners that compliance with the ergonomics be signed by President Bush. try miss work as a result of the stress and rule will impose an economic and administra- I have very grave concerns about the strain of injury inflicted by hazardous work tive burden, and I am particularly sensitive to ergonomics regulations promulgated by the conditions. These individuals suffer from a va- the potential impact of the rule on small busi- Occupational Safety and Health Administration riety of disorders, such as carpal tunnel syn- nesses, which drive the economy of Rhode Is- (OSHA) under the Clinton Administration. As a drome, tendonitis and back injuries among land and many other states. However, OSHA Member of the Labor, Health and Human others. estimates have shown that, while the new Services Subcommittee, I have worked for After ten years of public process initiated by standard will cost business approximately $4.5 years to prevent OSHA from issuing these former Labor Secretary Elizabeth Dole, the billion annually, it will likely save twice that rules. U.S. Department of Labor’s Occupational much in worker’s compensation and lost pro- I support workplace safety, and I think that Safety and Health Administration issued an ductivity each year. it is difficult to make the case that by sup- ergonomic standard, which went into effect I am committed to ensuring that the Depart- porting this resolution, I am an advocate of un- earlier this year. ment of Labor stands ready to offer any tech- safe work environments. In fact, America’s During the entire time that the ergonomic nical assistance businesses need in imple- workplaces are safer than ever. Workplace in- standard was being considered, the Repub- menting the new standard in individual work- juries, sicknesses, and deaths have been de- lican leadership of this body stalled any imple- places, and I would be willing to revisit this clining for one hundred years because Amer- mentation of a standard. They claimed that the issue as we begin to develop a clearer picture ica’s employers have market-based incentives Department of Labor lacked any sound and of the actual costs and benefits of the rule. to keep workplaces safe. Hazardous work- scientific basis for its proposed ergonomic However, I am not prepared to reverse this places mean more lost workdays, and high standard. landmark standard, which stands to benefit so workers’ compensation insurance premiums. They continually demanded that we wait many millions of hard-working Americans, be- Both of these factors translate to lost profits. until a report by the National Academy of fore we have even given it a chance to work. There is no doubt that it is in every business Sciences was issued before we promulgated Therefore, Mr. Speaker, I will vote against this owner’s interest to promote a safe workplace. any rule. ill-advised resolution, and I urge my col- In addition to market incentives, I am also Well, the Academy of Sciences conducted leagues to do the same. supportive of programs like the successful Vol- an exhaustive two-year study focused upon Mr. STARK. Mr. Speaker, I am opposed to untary Protection Program, which promote the causation, diagnosis and prevention of S.J. Res. 6 to repeal the Occupational Safety safety through cooperative means and edu- musculoskeletal disorders and concluded that and Health Administration’s ergonomics stand- cation. there is a direct causal relationship between ard. Using the Congressional Review Act to OSHA’s risky ergonomics scheme is an- the workplace and ergonomic injuries. In addi- overturn the OSHA ergonomics standard other effort to gore small business that must tion, they also concluded that ergonomic injury would be an extraordinary action, the first of be stopped. This hastily enacted regulation could significantly be reduced through work- its kind. It would be the first time in 30 years consumes over 300 pages of fine print in the place interventions. Congress reversed a legally established work- Federal Register, is accompanied by over This is good science. Just like the Repub- er safety measure. It would be the first time 50,000 pages of supporting information in the licans demanded! I feel good to support my CRA has been used to overturn any federal docket, and has an 800-page index. OSHA GOP friends in demanding good science and rule or regulation, much less one that was gave American businesses just two months to now we have it! issued through ten years of public process. comment (then added on an additional 30 But instead science is not the issues. This The regulations, scheduled to go into effect days) on a regulation which is anticipated to is just another attempt by the Republican this October, draw from the businesses that cost billions of dollars to implement. I would Party to ignore the needs of the hard working have successfully prevented ergonomic inju- argue that 90 days is barely enough time to Americans that make our country run each ries or reduced their severity in the workplace. read and digest the regulation, let alone pro- day. Repetitive injuries are one of the leading vide comment. I am further concerned that the Repealing the OSHA ergonomic ruling causes of work-related illness. More that rules are so broad, confusing, and subjective would impose a substantial economic burden 647,000 American workers suffer serious inju- that employers could never know if they are in in compensation cost, lost wages and produc- ries and illnesses due to musculoskeletal dis- compliance. tivity, totaling an annual loss of nearly 50 bil- orders, costing businesses $15 to $20 billion Beyond my basic concerns regarding the lion dollars. annually in workers’ compensation costs. substance of the regulations themselves, I am American workers have been the driving The standard—ten years in the making— outraged by the flawed process that was used force behind our economy for so many years. could be overturned without any meaningful to implement the regulation. With my support, These men and women, people like the indi- consideration of the facts and without workers language was included in the FY01 Labor viduals I represent in Queens and the Bronx, having a chance to be heard. One hour of de- HHS Appropriations bill barring OSHA from New York deserve the right to work in safe bate time is insufficient when it comes to the implementing the rule. An effort to strip this ergonomically correct work environments health and safety of the American worker. language from the bill failed on the House where their health is not in danger. Don’t be misled. Use of the CRA would not floor last June by a vote of 201–220. The March 7, 2001 CONGRESSIONAL RECORD — HOUSE H705 same language barring the ergonomics rule Bureau of Labor Statistics in my home state of publican Secretary of Labor Elizabeth Dole. was added to the Senate bill in an amendment New York reported that more than 48,000 pri- This is no way to legislate. Second, the Con- on the Senate floor. Congress overwhelmingly vate sector workers had serious injuries from gressional Review Act not only blocks the supported delay of this rule. While we in Con- ergonomic hazards in the workplace, and an OSHA rule under consideration, but also gress knew that President Clinton would not additional 18,444 public sector workers had in- blocks any subsequent ergonomics rule that is support our position, we were confident that juries serious enough for them to lose time ‘‘substantially’’ similar. I can appreciate the de- President Clinton would have to negotiate with from work. Obviously, there is a serious prob- sire by some to make changes to the us. lem here. ergonomics standard, but these changes Ultimately, Congress and the White House I urge Members to think beyond the work- should be made administratively. Most impor- reached an agreement that no action would be place as well. Think of the mother suffering tantly, they should be based on sound science taken on the ergonomics regulations, and that from carpal tunnel syndrome who is unable to and on the legitimate concerns of both work- the issue would be left for the next Administra- open a jar of baby food for her son, or the fa- ers and businesses. tion—be it a Bush Administration or a Gore ther suffering lower back pain who can no In closing, I urge all of my colleagues to join Administration—to resolve. On November 14, longer play a game of catch with his daughter; me in opposition to this outrageous, antiworker 2000, while the Congress was in recess, the life-long friend who cannot take that an- resolution. President Clinton took matters into his own nual fishing trip or golf outing with you any- Mr. TOM DAVIS of Virginia. Mr. Speaker, I hands and moved ahead with the regulations, more because of an on-the-job injury; or the rise to support S.J. Res. 6, the Ergonomics openly defying the will of Congress. This rush neighbors who after a career on the assembly Rule Disapproval Resolution. to implement the regulation showed the Con- line need your help to do yard work because Small business is the engine that drives our gress that President Clinton had not nego- they are no longer able to hold a rake to national and local economies. I am deeply tiated in good faith. Furthermore, these rules clean-up leaves or to bend over to plant flow- concerned about the impact that this were implemented to go into effect in January, ers and pull weeds from the garden. These ergonomics rule would have for these rea- just days before a new President would take are the victims—family, friends, neighbors, sons. Since the Department of Labor sub- office. The process made the new President and these are the everyday, pernicious con- mitted the Occupational Safety and Health Ad- unable to repeal the regulations. The process sequences of repetitive stress injuries that not ministration (OSHA) rule on ergonomics on that President Clinton chose to put forth this only affect a person’s ability to work, but also November 14, 2000, I have heard from many small businesses in my district concerned regulation left this Congress with no option but their ability to live a normal life. about the consequences of this rule on their to utilize the Congressional Review Act. In January, when the Clinton administration And so I stand here today, Mr. Speaker, be- issued regulations crafted by OSHA over the places of business. While many American businesses are com- cause flawed regulations were put forth by a last decade to prevent work-related musculo- mitted to providing a safe workplace for their lame-duck President, against the will of Con- skeletal injuries, such as carpal tunnel syn- employees by improving safety standards and gress. These regulations were not based on drome and other repetitive-stress injuries, protecting their employees’ health, they are sound science. They will cost businesses working families across America cheered. Fi- particularly troubled by the ambiguous proce- countless dollars, and unnecessarily destroy nally, protections would be in place to address dures and vague definitions that OSHA pro- jobs. These regulations do not protect workers what is easily one of the costliest and the mulgated through the ergonomics rulemaking. most frequent workplace health threats. from injury. Instead, the cost to implement The rule holds employers responsible for pay- Yet the business community, from small these rules puts workers at risk of being un- ing 80 percent of an employee’s pay for 90 firms to large manufacturers, oppose this employed. days should his or her job contribute to a mus- I am confident that no American workers will ergonomics rule with near unanimity. In my culoskeletal disorder (MSD). In addition, the be injured as a result of the legislation that I view, their decision is a mistake, a position ar- OSHA rule is unprecedented in scope and is hope will pass this House today. Congress rived at due to disinformation and misunder- based on uncertain science, both in its treat- has already received assurances from Sec- standings. Business owners should view the ment of alleged MSD and in their relationship creation of an ergonomically friendly work- retary of Labor Elaine Chao that she will place to the workplace. a high priority on assuring worker safety and place like any other business investment, such Presently, MSDs are poorly defined with no protection. I applaud her for her efforts, and I as upgrading computer hardware and software differentiation between on the job injuries and applaud the small businesses in my congres- or replacing outdated factory equipment with those which are pre-existing. It is impossible sional district and across the country who new, technologically sophisticated machines. to ignore non-work-related factors, yet OSHA have voluntarily made their workplaces safe, Compliance with this OSHA rule is a short- requires employers to do so. Furthermore, without the intrusion of the long arm of the term cost that will enhance both the safety there is no medical standard for confirming in- federal government. I rise in support of S.J. and the productivity of America’s workforce juries or a standard treatment protocol. The Res. 6, and urge my colleagues to join me. and lead to long-term benefits and profits for lack of scientific or medical standards will only Mr. LaFALCE. Mr. Speaker, I rise today in America’s businesses. add to the confusion. strong opposition to S.J. Res. 6, a resolution I certainly understand how frustrating oner- Additionally, the OSHA ergonomics regula- disapproving and overturning the OSHA ous and rigid federal regulations can be to tion may conflict with state workers’ com- ergonomics standards that took effect earlier businesses—large, medium, and small—but pensation laws. Employers will be left to deter- this year. that is not the case here. These workplace mine whether to follow a federal OSHA re- I oppose this resolution because I believe safety regulations are neither unnecessary nor quirement or state workers’ compensation these standards provide businesses of all rigid. Worker compensation costs related to laws when any MSD occurs. The OSHA sizes with the flexibility to comply in an effica- repetitive-motion injuries, and the costs related ergonomics rule overrides well-established cious manner and will not only protect worker to these injuries in terms of worker health and state standards that set compensation levels health but will also save American businesses quality of life, are reason enough to keep in for injured workers and determine whether or billions of dollars in the long-term. Moreover, I place this effective regulatory solution to the not a condition is work-related. am deeply troubled by this unprecedented use most important safety and health problem The National Academy of Science report of the Congressional Review Act to undo a workers face everyday. Moreover, reasonable concluded that ‘‘None of the common mus- rule that goes to the heart of the Federal Gov- flexibility for employers and protections against culoskeletal disorders is uniquely caused by ernment’s mission to protect worker safety and abuse by employees are built-in to the rules work exposures’’ and that further ‘‘research is health; a rule that is the product of 10 years by OSHA—particularly the provisions allowing needed to clarify such relationships.’’ of study by the Occupational Safety and employers to determine whether an injury is By OSHA’s own estimates, this ergonomic Health Administration (OSHA), 11 ‘‘best prac- work-related, and allowing employers to deter- rule will cover over 102 million employees, 18 tices’’ conferences, and a nearly 9-month pub- mine how best to reduce hazards and deal million jobs, and 6.1 million businesses and lic comment period; and a rule that is sup- with ergonomic problems in their workforces. cost almost $100 billion a year to implement. ported by thousands of scientific studies, in- I am also deeply concerned about the use And there are no guarantees or certainties cluding, most recently one mandated by Con- of the Congressional Review Act in this in- that this rule will protect workers or have a gress by the National Academy of Sciences. stance and its ramifications on any and all positive and lasting impact on workplace safe- Each year, there are 1.8 million workers ergonomics standards in the future. First, we ty. Furthermore, OSHA’s rush to judgment in who suffer from musculoskeletal disorders, will debate just for one hour a resolution that, issuing this regulation to meet artificial dead- and 600,000 men and women have injuries so if passed, would overturn a decade of re- lines exemplifies irresponsible governmental severe they are forced to take off work. The search, studies, and hearings initiated by Re- action. H706 CONGRESSIONAL RECORD — HOUSE March 7, 2001 I will continue to support common-sense in the hope of catching medical conditions at opposed them. This issue concerns people protections for all workers. In addition, I will an early stage before they become more cost- who, because of their injuries, are unable to continue to support legislation to ensure that ly chronic conditions. work and provide for their families and for there are adequate workplace safety stand- The repeal of the workplaces standard is a themselves, and that causes lost productivity, ards and rules for all workers. However, I do 180-degree turn from that history of preventive which results in economic loss for business not believe that the OSHA ergonomics rule is services. It is estimated that the standard and the country. In 1999, the Bureau of Labor the solution. For these reasons, I urge all my could save employers approximately $4.5 bil- Standards estimated that the cost of these in- colleagues to support S.J. Res. 6. lion a year by helping keep workers healthy juries is $45–50 billion each year. These inju- Mr. BLUMENAUER. Mr. Speaker, we are and productive. ries account for perhaps a third of employers’ being forced to vote today on this resolution of Businesses and employees will pay for costs under state worker compensation laws. disapproval for OSHA’s ergonomic standard. workplaces injuries in the future, they will pay So despite abundant evidence pointing in This is an all or nothing approach. through lost productivity and higher workman’s the direction of needed ergonomic standards Our effort to bring about improved compensation payments. By abandoning pre- for workplaces, this rule has been repealed, ergonomics for our nation’s workers was start- vention, we are accepting a future of further and the safety of working people has been ig- ed by Elizabeth Dole when she was George injuries and greater cost. nored. Bush, Sr.’s Secretary of Labor ten years ago. Mr. LARSON of Connecticut. Mr. Speaker, I Ms. HOOLEY of Oregon. Mr. Speaker, I re- What we are attempting to address is the sin- rise today in strong opposition to the repeal of luctantly rise in opposition of this resolution. gle largest workplace safety and health prob- valuable and beneficial workplace safety Coming from Oregon, I represent an area of lem in the United States: the work-related standards. We now stand on the edge of turn- the country where small businesses and family stress and strain injury and disorders that cost ing back a measure that would have signifi- farms are the backbone of our local economy. the economy over $50 billion every year. Em- cantly improved the lives of hundreds of thou- As such, I’m extremely sympathetic to the ployers pay between $15 and $18 billion in sands of working people, without even main- concerns of the men and women who own worker’s compensation costs alone for these taining the pretense of a working together in a these businesses, many of whom have con- injuries. We can do something about it. bipartisan manner. There are substantive and, tacted me in the last couple of weeks. After The National Academy of Science backs the perhaps most importantly, procedural grounds all, you can’t have jobs without businesses. scientific basis for OSHA ergonomic stand- why I must oppose this. I know that the OSHA regulation which ards. An exhaustive 2-year study conducted This worker safety rule was not simply cre- we’re about to kill is going to have unintended ated over night. This vote today will in fact by 19 experts in the field found that there is consequences. Any time a business is faced erase a process that was 10 years in the mak- a direct relationship between the workplace with further government regulations you’re ing. It was also based on a 2-year study by and ergonomic injuries, and ergonomic injuries looking at increased paperwork and having to the nonpartisan National Academy of Sciences can be significantly reduced through work- deal with federal employees who, lets be hon- which concluded that there is a great deal of place interventions. Now the Republican lead- est, sometimes can be difficult to work with. scientific evidence showing repetitive work- ership wants to ignore the very study it man- For example, just last week I talked with a place motions cause injuries that can be pre- dated. It is the wrong step to just overturn this friend who owns a small hotel. Anyone who’s vented through ergonomic intervention. rule. We need to take action to protect the I have serious problems with the way this been to Oregon knows it’s one of the most health and safety of working families. issue was brought before us in the House. In beautiful places in the world, and we’re heavily The OSHA standard is only 9 pages long, this situation, the resolution was rushed to the dependent on tourism. This person was over- and it is written in plain English. To serve the floor with little or no warning, and this vote will whelmed by the proposed standard and rightly needs of our workers as well as to prudently completely eliminate the worker safety rule, worried that he’d wind up being fined or lose address costs and benefits, I urge a no vote using a little known, never before used proce- his business because Washington had imple- on the resolution of disapproval for the dure, the Congressional Review Act. This res- mented a better mousetrap for Oregon. He ergonomics rule. olution also prohibits the Occupational Safety didn’t know if his employees would be limited Mr. RUSH. Mr. Speaker, it is with great dis- and Health Administration from issuing a simi- in the number of bags they could pick up or appointment that I stand here today to voice lar rule to protect the safety of workers, which how many stairs they’d be limited in climbing my objection to Senate Joint Resolution 6, clouds the issue further. Eliminating the rule and hadn’t had any luck in finding out the an- Disapproving Resolution for the OSHA Work- under these circumstances rolls back years of swers to his questions from OSHA. place Safety Rule. This resolution is short- investigation and review, and will force the ef- Now when you’re in my position and you’re sighted and against the public policy Congress fort to improve worker safety to start over from trying to do what’s best for your district and for has been espousing over the last 20 years. scratch, where it began more than 10 years everyone who lives and works there, it’s im- There is no question that workplace injuries ago. A more proper course of action would be possible not to be affected by legitimate con- exist and are prevalent. Workplace injuries ac- to allow the rule to be adjusted, rather than cerns about the cost and application of the count for one-third of all occupational injuries wipe it away all together. ergonomics standard. and illnesses and constitute the single largest For all the positive talk about bipartisanship That said, even with the potential problems job-related injury and illness problem in the that has been heard in recent weeks, we have that are posed by this regulation, I can’t in United States. In my home state of Illinois, in seen remarkably little on this matter. Debate good conscience vote for this resolution. 1998, 26,734 Illinois workers suffered work- has been stifled, and instead of forging a com- That’s because ergonomic injuries and the place injuries that were so severe that they promise between both sides that allowed the pain they inflict on hundreds of thousands of were forced to miss at least 1 day of work. rule to be adjusted, this vote was taken to workers and retirees are not a feat of the Also, workplace injuries currently cost busi- completely eliminate the rule. imagination, and if we don’t act, they’re not nesses billions. The National Academy of I believe that this repeal will be a serious going to go away. Sciences has estimated that the costs of work- blow to working people in the United States. In the past 4 years, there have been three place injuries to employees and employers, These ergonomic standards were designed to comprehensive reviews of the science identi- and society as a whole can be conservatively curb repetitive motion injuries for American fying the cause of these injuries. Their conclu- estimated at $50 billion annually. Again, in my workers in a wide-range of professions, includ- sions have been consistent: exposure to ergo- home state of Illinois, the total statewide cost ing nurses, cashiers, truck drivers, construc- nomic hazards in the workplace causes inju- of workplace injuries, including lost wages and tion workers, meat cutters, and those who op- ries, and these injuries can be prevented lost economic productivity, was approximately erate computers. These are all people who through interventions in the workplace. $2.3 billion in 1998. are especially susceptible to injuries—which In fact, no less an authority than the Na- OSHA’s workplace standards would simply are often times crippling—caused by repetitive tional Academy of Sciences was ordered by establish preventive measures in the work- motion, heavy lifting, and forceful exertion. Congress to report on ergonomics and wheth- force to decrease workplace injuries, injuries In 1999, it was estimated that more than er the related injuries actually existed, and if which employers pay for in workman’s com- 600,000 people suffered from such injuries, so, if these injuries were preventable. For pensation payments. and they account for one-third of all serious those of you who don’t know, the Academy For the last 20 years, under both Repub- job-related injuries a year, making them the was created by Congress nearly 140 years lican and Democratic majorities and Presi- leading safety and health problem in today’s ago to provide scientific and technical advice dents we have preached the virtues of preven- workplaces. to our government. Since its inception, the tion and preventive care. We pay for pap I believe these standards would have re- Academy has made recommendations to our smears, nutrition programs, glucose testing, all sulted in savings to the companies that have government that vary from using long-lasting March 7, 2001 CONGRESSIONAL RECORD — HOUSE H707 metal for the name markers on fallen soldiers’ ministration, the Clinton administration—issued If you support workplace justice, if you sup- tombstones to creating the U.S. Geological a proposed ergonomic standard for public port the right of people to work in a healthy Service and the National Forest Service—both comment in 1994. environment, if you support basic human de- of which play an important role in Oregon. But Congress intervened in the rulemaking cency, then I urge my colleagues to vote Well, in its congressionally mandated report, process. Congress adopted language in the against this resolution. the Academy of Sciences found there is ‘‘clear fiscal year 1995 Labor Department spending Mr. COSTELLO. Mr. Speaker, I rise today to and compelling evidence’’ that musculoskeletal bill that prohibited the Department from issuing oppose S.J. Res. 6, a resolution to disapprove disorders (MSD’s) are caused by certain types a final standard. Subsequent prohibitions were the ergonomics regulation promulgated by the of work—and that those injuries can be re- congressionally imposed in fiscal years 1996 Occupational Safety and Health Administration duced and prevented through workplace inter- and 1998. in January. I will vote to uphold this regulation ventions. Add that report to the past 10 years In October 1998, the National Academy of because I believe that worker safety must be in which the Department of Labor—in con- Sciences issued a report that identified a sig- our first priority. This process was originated a sultation with business, labor, and Congress— nificant statistical link between workplace ex- decade ago during the first Bush administra- has worked to enact a fair, enforceable rule to posures and musculoskeletal disorders. OSHA tion, and there is more than sufficient evi- protect America’s workers from the real harm issued a draft rule in 1999 and published a dence to show the devastating impact of these caused by ergonomic injuries. final rule by November 2000. injuries on the workforce. In 1998 alone, ergo- But now, in the face of unrelenting pressure, In the course of this issue’s 10-year history, nomic injuries caused 26,734 employees in Illi- we’re not only about to cast aside 10 years of distinguished Members on the other side of nois to miss at least one day of work, and cost hard work, but Congress is about to prohibit the aisle have sought to kill this effort to pro- employees and employers in the State an esti- OSHA from issuing a similar ergonomics rule mote workplace safety. We find ourselves mated $2.3 billion. here again debating an issue that threatens to in the future. And it’s not just the 600,000 However, I also understand the concern that expose millions of hard working Americans to workers who every year are injured by repet- the regulation may overreach in some areas. workplace hazards due to jobs that require re- itive motion that would suffer, but their families The best way to address this concern is to let petitive movements and muscular stress. and their communities as well. the rule stand, and then work to modify it. The Thanks to carpal tunnel syndrome she ac- Supporters of this joint resolution advance the argument that if this resolution of dis- approach we are taking today threatens any quired at her job at city hall, Mom might not future action on this issue, by not allowing a be able to pick up her infant when he is sick approval is enacted, the Bush administration will pursue a comprehensive approach to similar rule to be enacted at a later date. It is or his older sister if she gets scared of the ergonomics. It’s hard to take that argument my hope that if this resolution passes Sec- dark or correct homework because she can’t seriously when the other side has consistently retary of labor Chao will, as she has pre- hold a pencil. Dad might not be able to play and persistently opposed every effort by the viously stated, continue to pursue a com- catch with the kids or help them finish that Labor Department to issue an ergonomic prehensive approach to ergonomics and that a science project because of the repetitive inju- standard. regulation with wide support will be enacted in ries he’s suffered to his back after years of Moreover, the interests that oppose the cur- the near future to protect working men and working the same saw at the local mill. rent ergonomic rule cite that the costs of com- women in Illinois and across the nation. And because maybe Mom or Dad can no plying with the standard are likely to be $90 or Mr. Speaker, the success of this resolution longer work the hours they used to or even $100 billion. But they do not cite the cost sav- must not become a tremendous loss for work- stay in the same jobs, they can’t buy as many ings to businesses in workers’ compensation ers across the country. I hope this body will groceries or another car or give their kids costs and lost productivity. According to continue to give this topic the attention that it spending money to go see a movie with their OSHA, the estimates are that the standard will deserves. friends or buy a comic book at the local mall. cost American businesses $4.5 billion annu- The SPEAKER pro tempore (Mr. So there’s more to this issue that whether or ally, but it will also save businesses $9.1 bil- HANSEN). All time for debate has ex- not the OSHA regulation is confusing or that lion in workers’ compensation costs and lost pired. it will cost money to implement—in the long productivity. Pursuant to House Resolution 79, the run, we know that employers will recoup the The special interests who support this reso- Senate joint resolution is considered as costs by providing a safe workplace and that lution of disapproval are the same interests having been read for amendment, and consumers will have more money to spend. who argued that the Family and Medical the previous question is ordered. While I certainly sympathize with the busi- Leave Act of 1993 would impose too much of The question is on the third reading ness owners and entrepreneurs who feel this a cost and administrative burden on employ- of the Senate joint resolution. rule infringes on their rights, the evidence is ers. They were wrong then and they are The Senate joint resolution was or- clear that by doing nothing we’re not only wrong now. dered to be read a third time, and was harming millions of Americans, but harming The special interests who support this reso- read the third time. our economy as well. lution of disapproval are the same interests The SPEAKER pro tempore. The This is the biggest occupational health crisis who argued that increasing the minimum wage question is on the passage of the Sen- affecting American workers today, and I urge in 1996 would weaken the economy and re- ate joint resolution. my colleagues to allow OSHA to protect them duce job growth. They were wrong then and The question was taken; and the from ergonomics injuries and to oppose this they are wrong now. Speaker pro tempore announced that resolution. The special interests that support this reso- the ayes appeared to have it. Ms. KILPATRICK. Mr. Speaker, according to lution of disapproval argue that the ergonomic Mr. GEORGE MILLER of California. the National Science Foundation, over 1 mil- standard is too burdensome and costly for em- Mr. Speaker, I object to the vote on the lion people suffer musculoskeletal disorders ployers to implement. They are wrong now ground that a quorum is not present which cost the nation between $45 billion and and they will be proven wrong in the future. and make the point of order that a $54 billion in compensation expenditures, lost How can an ergonomic standard be burden- quorum is not present. wages, and decreased productivity. The Na- some to an employer when the employer is The SPEAKER pro tempore. Evi- tional Science Foundation and other research vested with the responsibility of determining dently a quorum is not present. institutions studied this issue and they came to whether an employee injury is work related? The Sergeant at Arms will notify ab- the conclusion that these injuries can be re- It’s not the federal government determining if sent Members. duced substantially with well-designed work- the employee’s injury is work related. It’s the The vote was taken by electronic de- places. employer! How can the opponents of this vice, and there were—yeas 223, nays It was the Administration of President standard honestly suggest that bureaucrats 206, not voting 4, as follows: George H. W. Bush that established the rela- are imposing a one-size-fits-all approach to [Roll No. 33] tionship of ergonomically designed jobs and workplace safety when it is the employer who work-related illnesses in 1989. The results of determines how best to deal with ergonomic YEAS—223 a Labor Department study investigation found problems in their workforce? Aderholt Bartlett Boehner Akin Barton Bonilla that flawed workplace designs is one of the One can only conclude that supporters of Armey Bass Bono leading causes of work-related illnesses and the resolution of disapproval are the same Bachus Bereuter Boyd employers’ costs under state workers’ com- forces who have little regard for workplace Baker Biggert Brady (TX) pensation laws. In response to these findings, safety and are long-time opponents of the Oc- Ballenger Bilirakis Brown (SC) Barr Blunt Bryant the Labor Department—under a different ad- cupational Safety and Health Administration. H708 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Burr Hayworth Ramstad Jefferson Meehan Rush tion as a member of the Committee on Burton Hefley Regula Johnson, E. B. Meek (FL) Sabo Buyer Herger Rehberg Jones (OH) Meeks (NY) Sanchez the Budget: Callahan Hilleary Reynolds Kanjorski Menendez Sanders Hon. J. DENNIS HASTERT, Calvert Hobson Riley Kaptur Millender- Sandlin Speaker of the House, Washington, DC. Camp Hoekstra Rogers (KY) Kennedy (RI) McDonald Sawyer DEAR MR. SPEAKER: I herewith resign my Cannon Hostettler Rogers (MI) Kildee Miller, George Saxton seat on the Budget Committee as a rep- Rohrabacher Kilpatrick Mink Schakowsky Cantor Houghton resentative appointed by the Appropriations Capito Hulshof Ros-Lehtinen Kind (WI) Moakley Schiff Carson (OK) Hunter Roukema King (NY) Mollohan Scott Committee Castle Hutchinson Royce Kleczka Moore Serrano Sincerely, Chabot Hyde Ryan (WI) Kucinich Moran (VA) Sherman JOE KNOLLENBURG, Chambliss Isakson Ryun (KS) LaFalce Murtha Slaughter Member of Congress. Clement Issa Scarborough Lampson Nadler Smith (NJ) Clyburn Istook Schaffer Langevin Napolitano Smith (WA) The SPEAKER pro tempore. Without Coble Jenkins Schrock Lantos Neal Snyder objection, the resignation is accepted. Collins John Sensenbrenner Larsen (WA) Oberstar Solis There was no objection. Combest Johnson (CT) Sessions Larson (CT) Obey Stark Cooksey Johnson (IL) Shadegg Lee Olver Strickland f Cox Johnson, Sam Shaw Levin Ortiz Tauscher Cramer Jones (NC) Shays Lewis (GA) Owens Thompson (CA) RESIGNATION AS MEMBER OF Crane Keller Sherwood Lipinski Pallone Thompson (MS) COMMITTEE ON THE BUDGET Crenshaw Kelly Shimkus LoBiondo Pascrell Thurman Cubin Kennedy (MN) Simmons Lofgren Pastor Tierney The SPEAKER pro tempore laid be- Culberson Kerns Simpson Lowey Payne Towns fore the House the following resigna- Cunningham Kingston Sisisky Lucas (KY) Pelosi Traficant tion as a member of the Committee on Davis, Jo Ann Kirk Skeen Luther Peterson (MN) Udall (CO) the Budget: Davis, Tom Knollenberg Skelton Maloney (CT) Petri Udall (NM) Deal Kolbe Smith (MI) Maloney (NY) Phelps Velazquez Hon. J. DENNIS HASTERT, DeLay LaHood Smith (TX) Markey Pomeroy Visclosky Speaker of the House, Washington, DC. DeMint Largent Souder Mascara Price (NC) Waters DEAR MR. SPEAKER: I herewith resign my Diaz-Balart Latham Spence Matheson Quinn Watt (NC) seat on the Budget Committee as a rep- Spratt Matsui Rahall Waxman Dooley LaTourette resentative appointed by the Appropriations Doolittle Leach Stearns McCarthy (MO) Rangel Weiner Dreier Lewis (CA) Stenholm McCarthy (NY) Reyes Weldon (PA) Committee. Duncan Lewis (KY) Stump McCollum Rivers Wexler Sincerely, Dunn Linder Sununu McDermott Rodriguez Woolsey ZACH WAMP, Ehlers Lucas (OK) Sweeney McGovern Roemer Wu Member of Congress. Ehrlich Manzullo Tancredo McHugh Ross Wynn Emerson McCrery Tanner McKinney Rothman The SPEAKER pro tempore. Without English McInnis Tauzin McNulty Roybal-Allard objection, the resignation is accepted. Everett McIntyre Taylor (MS) There was no objection. Flake McKeon Taylor (NC) NOT VOTING—4 Fletcher Mica Terry Becerra Shows f Foley Miller (FL) Thomas Oxley Stupak Fossella Miller, Gary Thornberry ELECTION OF MEMBERS TO CER- Frelinghuysen Moran (KS) Thune b 1926 TAIN STANDING COMMITTEES OF Gallegly Morella Tiahrt THE HOUSE Ganske Myrick Tiberi Mr. HORN changed his vote from Gekas Nethercutt Toomey ‘‘yea’’ to ‘‘nay.’’ Mr. THUNE. Mr. Speaker, I offer a Gibbons Ney Turner Mr. SANDLIN changed his vote from resolution (H. Res. 82) and I ask unani- Gilchrest Northup Upton mous consent for its immediate consid- Gillmor Norwood Vitter ‘‘present’’ to ‘‘nay.’’ Goode Nussle Walden So the Senate joint resolution was eration in the House. Goodlatte Osborne Walsh passed. The SPEAKER pro tempore. The Goss Ose Wamp The result of the vote was announced Clerk will report the resolution. Graham Otter Watkins Granger Paul Watts (OK) as above recorded. The Clerk read as follows: Graves Pence Weldon (FL) A motion to reconsider was laid on H. RES. 82 Weller Green (WI) Peterson (PA) the table. Resolved, That the following named Mem- Greenwood Pickering Whitfield Gutknecht Pitts Wicker f bers be, and are hereby, elected to the fol- Hall (TX) Platts Wilson lowing standing committees of the House of Hansen Pombo Wolf RESIGNATION AS MEMBER OF Representatives: Hart Portman Young (AK) COMMITTEES ON RESOURCES, Appropriations: Mr. Sherwood. Hastert Pryce (OH) Young (FL) ARMED SERVICES, AND TRANS- Committee on the Budget: Mr. Doolittle to Hastings (WA) Putnam rank after Mr. Hastings of Washington; Mr. Hayes Radanovich PORTATION AND INFRASTRUC- TURE LaHood and Ms. Granger to rank after Mr. Portman. NAYS—206 The SPEAKER pro tempore (Mr. Committee on Education and the Work- Abercrombie Clay Ford HANSEN) laid before the House the fol- force: Mr. Goodlatte to rank after Mr. Ackerman Clayton Frank Isakson. Allen Condit Frost lowing resignation as a member of the Andrews Conyers Gephardt Committees on Resources, Armed Serv- The SPEAKER pro tempore. Is there Baca Costello Gilman ices, and Transportation and Infra- objection to the request of the gen- Baird Coyne Gonzalez structure: Baldacci Crowley Gordon tleman from South Dakota? Baldwin Cummings Green (TX) Hon. J. DENNIS HASTERT, There was no objection. Barcia Davis (CA) Grucci Speaker of the House, Washington, DC. The resolution was agreed to. Barrett Davis (FL) Gutierrez DEAR MR. SPEAKER: Effective today, I here- A motion to reconsider was laid on Bentsen Davis (IL) Hall (OH) by resign from the Committees on Re- the table. Berkley DeFazio Harman sources, Armed Services and Transportation Berman DeGette Hastings (FL) f Berry Delahunt Hill and Infrastructure. Bishop DeLauro Hilliard Sincerely, b 1930 Blagojevich Deutsch Hinchey DON SHERWOOD, Blumenauer Dicks Hinojosa Member of Congress. THE RIGHT TO VOTE IS Boehlert Dingell Hoeffel FUNDAMENTAL Bonior Doggett Holden The SPEAKER pro tempore. Without Borski Doyle Holt objection, the resignation is accepted. (Ms. JACKSON-LEE of Texas asked Boswell Edwards Honda There was no objection. and was given permission to address Boucher Engel Hooley Brady (PA) Eshoo Horn f the House for 1 minute and to revise Brown (FL) Etheridge Hoyer and extend her remarks.) Brown (OH) Evans Inslee RESIGNATION AS MEMBER OF Ms. JACKSON-LEE of Texas. Mr. Capps Farr Israel COMMITTEE ON THE BUDGET Speaker, there is not a place that I Capuano Fattah Jackson (IL) Cardin Ferguson Jackson-Lee The SPEAKER pro tempore laid be- have traveled either to my home State Carson (IN) Filner (TX) fore the House the following resigna- or elsewhere that the American people March 7, 2001 CONGRESSIONAL RECORD — HOUSE H709 are not talking about the election of ernment, which is to be responsive to who were laid off in Chicago and co- 2000. I believe that that is an issue that the needs of citizens. founded the National Alliance Against should be a priority for America, as For this reason, I am introducing leg- Racism. well as it is for us to appreciate and islation to establish a National Elec- However, at present there are future commemorate and celebrate our Con- tion Day as a legal public holiday to history-makers that are making an im- stitution. The right to vote is funda- ensure that the fundamental right to pact on the lives of the citizens of Chi- mental, and so I intend tonight and to- vote that is granted to every citizen of cago and the Nation. Exemplary indi- morrow to offer two pieces of legisla- the United States is adhered to. I am viduals from today include Addie tion, one to establish a national holi- asking my colleagues in Congress for Wyatt, Reverend Willie Taplin Barrow, day for Americans to vote during a their support in meeting the voting Dr. Johnnie Coleman and Mrs. Mamie Presidential year and, secondarily, an challenges that have been presented to Bone. act that will study the issue of how do our growing and diverse nation. Reverend Addie Wyatt has the dis- we design a system that counts every f tinction of having had active involve- vote and allows every American to ment with the three major movements vote, the Secure Democracy Act. SPECIAL ORDERS of the 20th Century, labor, civil rights Those legislative initiatives will sub- The SPEAKER pro tempore (Mr. and women’s rights. Her leadership stitute for H.R. 60 and H.R. 62. We will HANSEN). Under the Speaker’s an- roles in labor were international vice establish a generic national holiday nounced policy of January 3, 2001, and president of the United Food and Com- every 4 years so Americans who work under a previous order of the House, mercial Workers International Union every day will have the privilege and the following Members will be recog- and she broke ground as the first fe- opportunity for expressing their nized for 5 minutes each. male local union president of the choices and their rights to express the United Packing House and Allied f decision of who will be President and Workers, and as international vice The SPEAKER pro tempore. Under a who will be elected to this body in the president of the Amalgamated Meat previous order of the House, the gen- coming years. Cutters and Butcher Workmen of North I ask my colleagues to join me in tleman from Pennsylvania (Mr. America. Her founding roles in Oper- support of this legislation. PLATTS) is recognized for 5 minutes. ation Breadbasket and Operation Ms. JACKSON-LEE of Texas. Mr. (Mr. PLATTS addressed the House. PUSH, as well as her work with Martin Speaker, the importance for ensuring His remarks will appear hereafter in Luther King, Jr., illustrate her com- the right to vote is a fundamental the Extensions of Remarks.) mitment to civil rights. Her involve- right guaranteed to every citizen of the f ment in the women’s movement has United States. Many people were de- WOMEN’S HISTORY MONTH also generated a number of noteworthy nied this fundamental right in the past achievements. presidential election partly because The SPEAKER pro tempore. Under a Reverend Wyatt is a founding mem- they were unable to vote due to work previous order of the House, the gen- ber of the National Organization for commitments. tleman from Illinois (Mr. DAVIS) is rec- Women, was even appointed by Eleanor The bill I am introducing tonight ognized for 5 minutes. Roosevelt to serve on the Labor Legis- will substantially resolve this serious Mr. DAVIS of Illinois. Mr. Speaker, lation Committee of the Commission issue raised by last year’s presidential last month we praised our forefathers on the Status of Women. election, the lack of time for people to in observance of Presidents’ Day and During her distinguished career, she vote or participate in the very impor- we also praised the contributions of Af- advised Presidents Kennedy, Johnson tant federal election process, due to rican Americans in the development and Carter and other important leaders employment commitments that keep and continuation of this country. This on causes. She and her husband Claude many Americans from voting or acting month, as women’s history gets under- currently serve as pastors emeritus of as election day officials. way, I rise to recognize some of our the Vernon Park Church of God in Chi- I firmly believe that the United foremothers; women who dared to be cago. States Constitution is not just there to first, who strove for equality and social Reverend Willie Taplin Barrow is the protect me or people who agree with justice for all; women who not only co-chair of Rainbow/PUSH Coalition me, but it is there to also ensure that broke ceilings but shattered spheres in and is well-known for breaking barriers those who do not share my view also pursuit of rights that should have been in a male-dominated profession. She is have equal access to the tools of de- inalienable; women whose contribu- an ordained minister and on the Gov- mocracy. My legislation would estab- tions continue to pave the way and to ernor’s Committee on the Status of lish a National Election Day on the 2nd inspire others. Women in Illinois. Tuesday of November, in presidential Mr. Speaker, I am from Chicago, a Another fine citizen is the Reverend election years as a legal public holiday. city rich in women pioneers and trail- Dr. Johnnie Coleman. Sometimes re- I am now lending my full support to blazers, both past and present. One ferred to as the first lady of the reli- this new bill instead of H.R. 62, which such individual is Ida B. Wells who gious community, she is the founder- I previously filed. I am now also remov- founded the first black female suffrage minister of Christ Universal Church ing my complete support from H.R. 62. club in Illinois, as well as the first kin- where 4,000 people go to hear her words Mr. Speaker, this bill will forge a dergarten in a black neighborhood. of wisdom and healing every Sunday. strong commitment to Democracy at Wells was born in 1862, was a slave for To her credit, Reverend Coleman has home and abroad by making sub- the first 6 months of her life, and spent several organizations in Chicago, the stantive changes to how future presi- the remainder of her life fighting for Universal Foundation for Better Liv- dential elections must work in order to civil and economic rights for African ing, Inc.; the Johnnie Coleman Insti- avoid the problems of the last presi- Americans. tute; and the Johnnie Coleman Acad- dential election. Declaring that one had better die emy and a book of teachings entitled It is my opinion that the larger fighting against injustice than die like Open Your Mind and Be Healed. threat to our national identity as a de- a dog or rat in a trap, Wells crusaded Ms. Mamie Bone, as chairperson of mocracy and the sense of well being against lynching and segregation until the Central Advisory Council for the that Americans once had about the her death in 1931. Chicago Housing Authority, fights reg- election process is the acceptance of a Labor activist Sylvia Woods was a ularly for residents. She serves as a belief that citizens of this country do pioneer in civil rights. During World member of the CHA Board of Commis- not have a voice in its governance. War II, she led the Union organization sioners and continues to champion the This is the greatest Achilles Heel that at Bendix Aviation. She spent much of employment security and safety of this nation has ever faced. Throughout the 1940s organizing United Auto Work- public housing residents. history many nations and governments ers Local 330 and formulating the UAW Of course, Mr. Speaker, I would also have ceased to exist because they resolution against sex discrimination. like to just highlight the activities and failed to fulfill the true mission of gov- Following the war, she assisted women the involvement of Margaret H710 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Blackshere, who currently serves as in the country. To think that in 1872, erwise afford at such a difficult point President of the Illinois Federation of over 100 years ago, only 97 educational in their lives. Working hard now to en- Labor. She is an outstanding labor institutions even accepted women. sure a brighter future for all Ameri- leader, civic activist, former teacher, The National Center for Education cans is something that we as women political activist and a fighter for the Statistics report that females are now learn the importance of during our rights of working people all over Amer- doing as well or better than males on struggle to gain equality in the 20th ica. factors measuring educational attain- century. During the month of March, it Margaret Blackshere, is currently the Presi- ment. Nevertheless, women continue to is fitting that women take time to re- dent of the Illinois AFL–CIO. A former class- trail their male counterparts in the flect back upon and celebrate our col- room teacher, Blackshere has served on all areas of mathematics and science. This lective accomplishments over the last levels of the Labor Movement from president is something that I hope, through my 100 years. We must use every oppor- of her local union in Madison to statewide vice position on the House Committee on tunity to show how we are going to use president of the Illinois Federation of Teach- Science, to help rectify. the lessons learned in yesteryear’s bat- ers, to her current position. What is more, women are still under- tles to eliminate illiteracy, increase Blackshere has a bachelor’s degree in Ele- represented in doctoral and first pro- educational opportunity for all and mentary Education and a master’s degree in fessional degree programs, although, as promote high academic achievements. Urban Education—both from Southern Illinois the NCEC points out, women have If we do so, that would give women 100 University-Edwardsville. made substantial gains in these areas years from now something to crow She has been a delegate to the Democratic during the last 25 years. about. National Convention, served as the director of There are other areas of education f the Illinois Democratic Coordinated Campaign where improvements need to be made, in 1990 and 1992, and is a member of the most notably in the area of school ac- CONCERN OVER PROPOSED Democratic National Committee. cess for so-called disadvantaged stu- CASPIAN OIL PIPELINE Blackshere serves on various boards and dents. A group of disadvantaged stu- The SPEAKER pro tempore (Mr. councils including the United Way of Illinois, dents whose needs are often overlooked CANTOR). Under a previous order of the Voices for Illinois Children, White House Com- are homeless children. Homeless chil- House, the gentleman from New Jersey mission on Presidential Scholars, and the Illi- dren face unique problems when at- (Mr. PALLONE) is recognized for 5 min- nois Skills Standard & Credentialing Council. tempting to access a quality education. utes. She is a member of American Federation of Some schools do not allow homeless Mr. PALLONE. Mr. Speaker, I come Teachers Local 763 and is a delegate to the children to register for classes without to the House Floor today to voice my National AFL–CIO Convention. school or medical records. Others will concern regarding the proposed Baku- f not enroll children without a home ad- Ceyhan pipeline, originating in the Az- dress, and there is nobody in the erbaijani capital of Baku, bypassing EDUCATION AND WOMEN’S schools whose job it is to help them. Armenia via Georgia and ending at the HISTORY MONTH As a result, homeless children wait Turkish port of Ceyhan. The SPEAKER pro tempore. Under a days and even weeks just to get into Over the last few years, despite the previous order of the House, the gentle- the classroom. Obviously this has seri- reluctance of major U.S. oil companies, woman from Illinois (Mrs. BIGGERT) is ous and negative consequences for the Clinton administration promoted recognized for 5 minutes. their educational advantages. the Baku-Ceyhan pipeline, which many Mrs. BIGGERT. Mr. Speaker, as the Mr. Speaker, some may be wondering experts are now questioning. Cato In- Republican co-chair of the Congres- why I am talking about homeless chil- stitute analyst Stanley Kober recently sional Caucus on Women’s Issues, I am dren during this recognition of the noted at a foreign policy briefing that pleased to join the gentlewoman from achievements of women. Well, it is be- the pipeline, far from promoting U.S. California (Ms. MILLENDER-MCDONALD), cause, as data shows, educating home- interests in the region undermines the other co-chair of the Women’s Cau- less children is a women’s issue. Ac- them. cus, and my other colleagues in cele- cording to a Federal study released in Another report by the Carnegie En- brating March as women’s history 1999, 84 percent of parents or guardians dowment for International Peace month. of homeless children are female. The knows that pursuit of this pipeline Women accomplished so much in the average homeless family is composed only exacerbated tensions between the 20th Century and I am fortunate and of a single mother in her twenties and United States and Russia and did little proud to co-chair the first Women’s two children under the age of 6. Single to advance U.S. interests. Caucus of the 21st Century. Let us hope mothers are vulnerable to homeless- Mr. Speaker, let me be clear today that this century is productive for our ness because of the high cost of hous- that I strongly oppose the current daughters and granddaughters as it was ing for families, the high cost of child plans for this project that is expected for our mothers and us. care and lack of housing assistance. to cost $3 billion. The last 100 years have seen women We must work together as women, as make important advancements in the leaders in our community and as public b 1945 area of public service. Not only did our servants, to find answers to the de- It is my hope that the Bush adminis- predecessors gain the right to vote, but structive cycles caused by homeless- tration will take into account these re- in recent years we have been consid- ness and poverty. That is why I have ports and thoroughly examine the need ered a decidedly important voting introduced H.R. 623, the McKinney- for this proposed pipeline route. I am block. We now have more women serv- Vento Homeless Education Act of 2001. not encouraged, however, by recent re- ing in the House and the Senate than This bill will ensure that all homeless ports that the Bush administration, ever before, 61 women in the House and children are guaranteed access to pub- like the Clinton administration before 13 in the Senate. I think we will keep lic education so that they can acquire it, seems to believe that the pipeline seeing these numbers increase. the skills needed to escape poverty and would provide the West with a greater We have women serving as Supreme lead healthy and productive lives. It amount of oil, thus cutting down on Court justices, governors, Attorneys will also strengthen the parental rights the U.S. dependence on Middle Eastern General and in many other elected of- at a time when mothers of homeless countries for oil. I am here today to fices, but we still have a long way to children find themselves most vulner- say that this is not the case. In fact, go. For all the accomplishments that able. It will help homeless mothers pay with reserves estimated at approxi- women have achieved in the 20th cen- for school supplies and other emer- mately 2 to 3 percent of the world’s tury, we should not be complacent. We gency items that children need to par- total, experts note that Caspian oil re- still have a lot to do. ticipate in school, such as clothes, eye- serves will have no significant impact One of the areas where females have glasses and hygiene products. on world oil prices. made important strides is in the area Many mothers have expressed grati- The Bush administration also seems of education. Women currently make tude through letters and cards for to be under the impression that by up over 50 percent of college freshmen these items which they could not oth- building a pipeline in this volatile area March 7, 2001 CONGRESSIONAL RECORD — HOUSE H711 of the world, that strained relations be- Company of the Azerbaijani Republic, graduates from our local universities tween affected nations would begin to told the Azerbaijani newspaper Baku who have experience in math and heal. Again, Mr. Speaker, I want to say Tura in early January, and I quote, science. It does not have to be a spe- that this is not the case. In fact, I be- ‘‘Azerbaijan’s position remains un- cific computer major, not a specific lieve that the pipeline could make rela- changed. The pipeline will not go via Internet major, but someone who can tions in the region a lot worse. At the Armenia under any circumstances.’’ do trigonometry, calculus, and basic very least, we should wait until peace This would explain why the pipeline, science. is achieved in the region. The presi- which avoids the most direct route I also went and met with Silicon Val- dents of Armenian and Azerbaijan just from the oil fields to the Caspian to ley executives, and I learned from concluded a round of talks in Paris. It Ceyhan, would be brought through Ar- them that the reason they are in Sil- is my hope that a resolution to the menia. In fact, the pipeline route takes icon Valley is because of Stanford and Nagorno-Karabagh conflict will be great pains to avoid Armenia and Berkeley. They have a steady stream of found this year. We should focus our ef- Nagorno Karabagh. This is simply un- high-tech workforce produced there. forts and attention on the peace proc- acceptable, and the U.S. should not They told me that the main thing they ess instead of wasting our resources on subsidize this plan in any way which need is math and science graduates. a commercially nonviable pipeline. serves to further isolate Armenia. Mr. Speaker, we have a second reason President Bush’s support for the Cas- Therefore, Mr. Speaker, I request for this legislation. We have a des- pian oil pipeline was first announced that the Bush administration recon- perate need for more math and science several weeks ago by Ambassador Eliz- sider this decision and withdraw any teachers in this country. We will need abeth Jones, special advisor to Bush on support for the Baku-Ceyhan pipeline. I to hire over 2 million teachers in the Caspian energy policy. At that time, ask the Bush administration to take a next 10 years. The biggest shortage we Ambassador Jones said that the oil fresh and honest look at pipeline policy have are math and science teachers. companies find the project commer- in the region and take steps to ensure According to a survey just completed cially viable and that the project would that all countries of the Caucasus are of large city school superintendents, 97 only happen if ‘‘it is determined that included in east-west energy and trade school districts in the United States there is money to be made there by routes. require more science teachers today, and 95 percent of the school districts commercial companies.’’ f Mr. Speaker, I am baffled to hear need more math teachers today. So we that the ambassador believes this PELL GRANT MATH AND SCIENCE desperately need to help those low-in- project would be profitable to the par- INCENTIVE ACT, 2001 come folks who may not otherwise go ticipating oil companies. American oil The SPEAKER pro tempore (Mr. to college, but who have the ability in companies, after years of exploration, CANTOR). Under a previous order of the math and science to open the door of still have not found any commercially House, the gentleman from Florida college to them and to provide them with this additional grant. viable oil fields. Many, in fact, have (Mr. KELLER) is recognized for 5 min- Now, who supports this legislation? pulled out. utes. Realistically, the only way that this Mr. KELLER. Mr. Speaker, earlier Well, President George W. Bush is one. President Bush campaigned on the plan can be feasible for these oil com- today I filed legislation called the Pell platform of providing an extra $1,000 panies is if the United States Govern- Grant Math and Science Incentive Act for first-year college students who have ment and other governments subsidize of 2001, and I rise today to speak in demonstrated proficiency in math and the project. Amoco president Charles favor of this piece of legislation. I science. In fact, his position is laid out Pitman might well have said just that would like to tell my colleagues about in detail on his Web site: when he testified before the Senate what it is, why we need it, and who is www.georgewbush.com. A second key Foreign Relations Committee 4 years supporting it. supporter is the gentleman from Michi- ago. At that hearing Pitman said, and Under this bill, a low-income college gan (Mr. EHLERS), who this House I quote, ‘‘I encourage Congress and the student who qualifies for a Pell grant knows is one of the gurus here in terms would be eligible for an additional administration to promote the stra- of math and science education and is a $1,000 grant that he would not have to tegic interests of the United States by strong supporter of this legislation. helping make the Baku-Ceyhan route pay back if he has demonstrated a pro- Perhaps the best part of this legisla- economically feasible.’’ Since these ficiency in math and science while in tion is that it pays for itself. Right companies have already said that the high school. now, companies pay over $100 million a project is not economically feasible on Let me tell my colleagues why this year collectively to provide for H1B its own, the only way to make it fea- legislation is desperately needed. We visas to provide a short-term solution sible is with a substantial subsidy from have a problem with filling high-tech for the lack of high-tech workers. We the U.S. Government. jobs in the United States right now. can take that money and use it to fund Mr. Speaker, let me turn to the other Currently, there are over 300,000 high- this Pell Grant Math and Answer In- reason Ambassador Jones gave for the tech jobs that are unfilled in the centive Act and would not have to Bush administration’s supporting this United States because we just do not raise any taxes and yet fix the long- pipeline: the belief that it would bring have the math-and-science-educated term problem with the short-term sovereignty and economic independ- workforce to fill these jobs. This is money here. ence to the Caspian states. While pro- costing businesses $4.5 billion a year in Mr. Speaker, I urge my colleagues to ponents of this pipeline argue that it loss of productivity. Now, we do what sign on as cosponsors for this impor- would strengthen the economic inde- we can to increase H1B visas. Currently tant piece of legislation, and I urge all pendence of states like Azerbaijan and there are over 100,000, so we go to for- of my colleagues to vote for it. It will Georgia, it is also very probable as out- eign countries and allow their high- make a meaningful difference in the lined in the Cato and Carnegie reports tech people in to fill these jobs, but yet lives of our young people who need help that the pipeline plan would bring we are still 300,000 jobs short. We des- going to college; it will make a mean- more tension to the area, already beset perately need college graduates trained ingful difference in the lives of high- by instability. in math and science. tech folks who need additional work- Mr. Speaker, Armenia, which is com- I learned this firsthand when I held a ers, and it makes good common sense. pletely bypassed by this pipeline, al- high-tech conference in my hometown f ready suffers at the hands of a dual of Orlando, Florida. At this conference blockade from the east from Azer- was 75 leaders from the education com- REPORT ON RESOLUTION PRO- baijan and from the west from Turkey. munity, high-tech industry, and polit- VIDING FOR CONSIDERATION OF Azerbaijan has used its influence to en- ical leaders, as well as leaders from H.R. 3, ECONOMIC GROWTH AND sure that Armenia would not benefit Congress. What I learned there was one TAX RELIEF ACT OF 2001 economically from the pipeline. Ilham thing: what is most important to the Mr. REYNOLDS, from the Com- Aliyev, son of Azerbaijan’s president high-tech business folks is having a mittee on Rules, submitted a privi- and a vice president of the State Oil well-educated workforce that produces leged report (Rept. No. 107–12) on the H712 CONGRESSIONAL RECORD — HOUSE March 7, 2001 resolution (H. Res. 83) providing for to ethnic Albanians? Unlike their support and assistance from Kosovo consideration of the bill (H.R. 3) to brethren in Kosovo, however, the Alba- and they have not been repudiated by amend the Internal Revenue Code of nians of the Presevo Valley chose to re- the ethnic Albanian leadership in 1986 to reduce individual income tax main outside the conflict which Kosovo. rates, which was referred to the House wracked Kosovo during 1998 and 1999. Mr. Speaker, this Member is of the Calendar and ordered to be printed. Although they certainly had legitimate opinion that those supporting an ex- f grievances against the brutal regime of tremist agenda within Kosovo are the former Yugoslavian leader, known to some of the leadership within The SPEAKER pro tempore. Under a Slobodan Milosevic, the ethnic Alba- Kosovo; and thereby, they could be de- previous order of the House, the gen- nians in the Presevo Valley rather nied the support that they are appar- tleman from Oregon (Mr. DEFAZIO) is than overwhelmingly seemed to prefer ently receiving to use Kosovo as a base recognized for 5 minutes. to settle their problems peacefully of operations. (Mr. DEFAZIO addressed the House. rather than through the violent means The implications of a ‘‘greater Alba- His remarks will appear hereafter in ultimately employed by the KLA. nia’’ for the region and for the United the Extensions of Remarks.) Beginning in 1999, following the for- States and its allies in Europe are ex- f mal disbanding of the KLA, KFOR tremely grave. A wider war involving The SPEAKER pro tempore. Under a began receiving reports of the exist- Macedonia, Bulgaria, Greece, and Tur- previous order of the House, the gen- ence of a guerilla force calling itself by key ultimately would be very serious. tleman from North Carolina (Mr. the initials UCPMB, the Liberation Our earlier intervention of Kosovo was JONES) is recognized for 5 minutes. Army of Presevo, which was infil- aimed at stopping that problem. (Mr. JONES of North Carolina ad- trating across the Kosovo boundary Mr. Speaker, this deserves our atten- dressed the House. His remarks will ap- into the GSZ in order to harass Serb tion. pear hereafter in the Extensions of Re- police officers and intimidate some of We need to make it clear to the Albanian marks.) the Serb residents of the Presevo Val- extremists that we will no longer tolerate their f ley and thus caused them to leave the efforts to foment violent and ethnic discord in The SPEAKER pro tempore. Under a region. the region. In February of 2000, this Member led previous order of the House, the gentle- Mr. Speaker, NATO is at present consid- our House delegation to the NATO Par- woman from North Carolina (Mrs. ering measures to stabilize the situation, both liamentary Assembly on a visit to CLAYTON) is recognized for 5 minutes. in Macedonia and in the Presevo Valley. Kosovo, and the commander of U.S. (Mrs. CLAYTON addressed the House. NATO Secretary General, Lord Robertson is forces briefed us on the situation in the Her remarks will appear hereafter in visiting the Capitol today and tomorrow to Presevo Valley. In fact, this Member the Extensions of Remarks.) meet with Members. This Member is inclined climbed the heights of Kosovo to see to support suggestions that, given the gravity f the Presevo Valley below. At that of the current situation in Macedonia and on SITUATION WORSENS IN SOUTH- time, he said to us that the situation its border, Yugoslavian military forces be per- ERN SERBIA AND MACEDONIA with the so-called UCPMB was his sin- mitted to operate within the 5 kilometer ground gle largest worry insofar as the safety safety zone in southern Serbia. Additionally, The SPEAKER pro tempore. Under a of U.S. troops and other forces under this Member strongly believes that we need to previous order of the House, the gen- his command were concerned. return an international preventive peace- tleman from Nebraska (Mr. BEREUTER) Since last December, incidents in the keeping force to Macedonia similar to that is recognized for 5 minutes. Presevo Valley increased with several which helped protect Macedonia from attack Mr. BEREUTER. Mr. Speaker, since Serbian police officers reported to have and destabilization several years ago. The late last year, we have received a spate been assassinated, and a joint U.S.- governments of the Federal Republic of Yugo- of reports indicating that violence is Russian patrol attempting to seal off slavia, the Republic of Serbia and the Former on the rise once again in the southern the boundary came under fire by ethnic Yugoslav Republic of Macedonia need to parts of Yugoslavia, Macedonia, and es- Albanians attempting to infiltrate agree to a complete demarcation of the border pecially in the Kosovo region. These re- from Kosovo. Last week, we learned of between Macedonia and Serbia, and to meas- ports are of special concern because the fighting in Macedonia along the border ures to ensure its sanctity and security. regions involved in this new outbreak with Kosovo. Reports implicated a of conflict lie immediately adjacent to shadowy body calling itself the Libera- f the sector of Kosovo which is termed tion Army of Macedonia as being be- The SPEAKER pro tempore. Under a the ‘‘area of responsibility’’ for United hind this most recent violence. previous order of the House, the gen- States troops participating in KFOR, What is particularly disturbing about tleman from Guam (Mr. UNDERWOOD) is the NATO-led Kosovo peacekeeping op- the involvement of Macedonian terri- recognized for 5 minutes. eration. tory in what seems to be a new onset of (Mr. UNDERWOOD addressed the Responsibility for most of the in- a major conflict is that, in addition to House. His remarks will appear here- creased violence lies with the hard-line Macedonia’s enormous strategic sig- after in the Extensions of Remarks.) Albanian Kosovar nationalists, some of nificance, the Government of Mac- f whom quite clearly participated in the edonia, democratically elected last so-called Kosovo Liberation Army, year, includes ethnic Albanians in its REVISIONS TO REVENUE AGGRE- KLA, which is supposed to be dis- governing coalition; and Macedonia re- GATES FOR FISCAL YEARS 2001– banded. They are now pushing their ex- cently normalized its relations with 2005 treme agenda through violence in the Kosovo. Apparently, these democratic The SPEAKER pro tempore. Under a Presevo Valley, lying across the inter- and popularly supported measures are previous order of the House, the gen- nal boundary that separates Kosovo unacceptable to the radical Albanian tleman from Iowa (Mr. NUSSLE) is rec- from Serbia. ethnics behind the renewed violence, ognized for 5 minutes. As part of the agreement that ended because these progressive democratic Mr. NUSSLE. Mr. Speaker, Section the NATO military air operations steps undermine their goal of creating 213(b)(1) of the conference report on the Con- against Yugoslavia in June of 1999, a 5- a ‘‘greater Albania.’’ They continue to current Resolution on the Budget for Fiscal kilometer ground safety zone, GSZ, have as their goal unification of all Year 2001 (H. Con. Res. 290) authorizes the was established along the internal ethnic Albanians who inhabit Serbia, Chairman of the House Budget Committee to boundary between Kosovo and Yugo- Macedonia, Kosovo, and Albania itself reduce the revenue aggregates contained in slavia. The Yugoslavian military and into a greater Albania. the resolution if the July report of the Congres- special police forces were prohibited The numbers of radical Albanian par- sional Budget Office (CBO) estimates larger from entering without expressed au- ticipants in these incidents in southern on-budget surpluses than those published in thorization by NATO. Serbia and Macedonia is, at present, the agency’s March report. CBO substantially The Presevo Valley contains several small. What is of most concern, how- increased its estimates of the surplus in its small cities and villages that are home ever, is that they seem to be receiving July report. Accordingly, I submit for printing in March 7, 2001 CONGRESSIONAL RECORD — HOUSE H713 the Congressional Record revisions to the rev- suppose, the great harm they are doing dents. Then they broke it up into five enue aggregates for fiscal years 2001–2005 to to their children. separate schools, and their drug and reflect a portion of that increase in the surplus. Of course, many times it is the discipline problem went way down. woman who wants the divorce, but this Mr. Speaker, there are some excep- Revised Appropriate Levels of Federal Revenues in the special order today is as much as any- tions, but in most places class sizes Congressional Budget Resolution thing a plea for families to try to stay have been brought down to smaller or [In billions of dollars] together, if at all possible, at least at least manageable size. However, until their children mature. going to bigger, more centralized Federal rev- Fiscal year enues One of the greatest blessings you can schools meant that many young people give to any child, especially a small felt like anonymous numbers or could 2001 ...... 1,496.9 2002 ...... 1,519.8 child, is a two-parent home. not make a sports team or be a leader 2003 ...... 1,572.1 I could not help but notice that the in some other school activity. 2004 ...... 1,619.1 2005 ...... 1,680.3 boy who did the school shootings in Also some very large high schools California came from a broken home seem to have been breeding grounds for Questions may be directed to Dan Kowalski and had recently been moved from one strange or even dangerous behavior. at 67270. side of the country to the other. Augusta Kappner, our former U.S. f The Federal Government bears a big Assistant Secretary of Education, The SPEAKER pro tempore. Under a part of the responsibility for all of wrote recently in USA Today that good previous order of the House, the gen- these broken homes. Studies show that things happen when large schools are tleman from Missouri (Mr. SKELTON) is most marriages break up in arguments remade into smaller ones. She said in- recognized for 5 minutes. over finances, over money. For most of cidents of violence are reduced; stu- (Mr. SKELTON addressed the House. our history, government took a very dents’ performance, attendance and His remarks will appear hereafter in low percentage of family income. In graduation rates improve; disadvan- the Extensions of Remarks.) 1950, government took only about 8 taged students significantly out- f percent to 10 percent. Today Federal, perform those in large schools on State and local taxes take almost 40 standardized tests; students of all so- b 2000 percent of the average family’s income. cial classes and races are treated more WHY HORRIBLE CRIMES ARE Government regulatory costs that are equitably; teachers, students and the BEING COMMITTED passed on to the consumer in the form local community prefer them. The SPEAKER pro tempore (Mr. of higher prices take another 10 per- Mr. Speaker, students are better off CANTOR). Under a previous order of the cent. going to smaller schools even in older House, the gentleman from Tennessee One Member of the other body said buildings than they are in these big, (Mr. DUNCAN) is recognized for 5 min- that today one spouse works to support giant schools where they just feel like utes. the family while the other spouse has anonymous numbers. Mr. DUNCAN. Mr. Speaker, the ter- to work to support government. f Also, the giant Federal welfare state, rible tragedy of the school shootings 2 WOMEN’S HISTORY MONTH days ago in California should be, and I which even former President Clinton believe is, of great concern to all described as a colossal failure, has The SPEAKER pro tempore. Under a Americans. helped contribute to the broken home previous order of the House, the gentle- There are many reasons why these situation. But if government at all lev- woman from California (Ms. WOOLSEY) horrible crimes are being committed in els would take less money from fami- is recognized for 5 minutes. several places by teenage boys, but I lies, of course, it would not end di- Ms. WOOLSEY. Mr. Speaker, I come want to mention two major concerns I vorce, but it would certainly mean that to the floor tonight in celebration of have. thousands of families that now split up National Women’s History Month, the I was a criminal court judge in Ten- would stay together. month of March. nessee for 71⁄2 years before coming to Also, for families that have already I come here to salute the women in Congress trying felony criminal cases. broken up, I hope other family mem- this country. This month is unique to I was told the first day that I was judge bers will do all they can to fill the void me, particularly because Sonoma that 98 percent of the defendants in fel- in time and attention. County, in my district, is the birth- ony criminal cases came from broken One article I saw about the boy who place of the National Women’s History homes. did the California shootings described Project, the nonprofit educational or- I know that millions of wonderful him as a typical latchkey child. ganization that is responsible for es- people have come from broken homes, Mr. Speaker, 2 years ago or 3 years tablishing Women’s History Month. but almost all would say that family ago, after another one of these tragic In 1978, the Education Task Force of breakups made their childhoods much school shootings, I remember listening the Sonoma County Commission on the more difficult. to the CBS national news and hearing status of women, which I happened to I know, too, that divorce is now a the national head of the YMCA say be chair at that particular time, initi- tragedy that has touched almost every that children in this country today are ated a Women’s History Week. Later in family, and I know that many times it being neglected like never before. 1987, with the help of museums, librar- cannot be avoided. But I do not know I hope this is not true. But the YMCA ies and educators across the country, of anyone who hoped beforehand that has not released some statistics report- the National Women’s History Project their marriage would end in divorce. ing that nearly 8 million children are petitioned Congress to expand the cele- During my years as a judge, I went left alone after school between the bration to the entire month of March. through approximately 10,000 cases, be- hours of 3:00 and 6:00, which just hap- Mr. Speaker, a resolution recognizing cause 97 percent or 98 percent of the de- pens to coincide with the peak hours Women’s History Month was quickly fendants pled guilty and apply for pro- for juvenile crime. passed with strong bipartisan support bation or other considerations. I would The families need more money, so in both the House and the Senate. Al- get 10-page or 12-page reports that there will not be as many broken though the month of March gained this went into the backgrounds and life his- homes. We need to lower taxes at every distinction about 20 years ago, and a tories of the defendants before me. level so that we can strengthen fami- lot has happened since then, we still I would read over and over and over lies, but children need a lot more than have a lot of work ahead of us. again things like defendant’s father money. What they need most is love When we celebrate women and when left when defendant was 2 and never re- and time and attention. we look at women and children and the turned, or defendant’s father left to get My second concern is the movement challenges ahead, we must do more for a pack of cigarettes and never came towards bigger schools. I saw an article women and we must do more for fami- back. in the Christian Science Monitor a cou- lies. Unfortunately, millions of fathers ple of years ago which said the largest We must do more for our commu- have left their families, not realizing, I school in New York City had 3,500 stu- nities and for our Nation, and one place H714 CONGRESSIONAL RECORD — HOUSE March 7, 2001 where we can start is by improving today as the Democratic cochair of the The creation of more vigorous and education. Congressional Caucus on Women’s rigorous professional standards for Females make up slightly more than Issues, being the first cochair of this teachers is one methodology to address 50 percent of this country’s population. millennium, and happy to share this teacher preparedness. These standards Yet, less than 30 percent of America’s role with my friend and colleague, the ensure that teachers will know the sub- scientists are women. In addition, the gentlewoman from Illinois (Mrs. jects they teach and how to teach National Science Foundation reports BIGGERT). those subjects to children; that they that the jobs facing today’s workers We will be submitting an education will understand how children learn and will require higher skill levels in appropriation to address the role of what to do when they are having dif- science, math and technology more education and our children. ficulty; and that they will be able to than ever before. Mr. Speaker, we are here today to use effective teaching methodology for Quite clearly, there is no way that celebrate March as Women’s History America can have a technically com- Month and to highlight the extraor- those who are learning easily, as well petent workforce if the majority of stu- dinary achievements of all women as for those who have special needs. dents, females, do not study science, throughout our history, while recog- While new teaching standards may math and technology. That is why I in- nizing the equally significant obstacles hold great possibilities for raising the troduced a bill last Congress to help they have had to overcome along the quality of teacher preparation, these school districts encourage girls to pur- road to success. advances will have little impact on the sue careers in science and math. Women’s History Month has pro- Nation’s most vulnerable students if Although my bill is formally titled gressed from Women’s History Week, school districts continue to hire teach- Getting Our Girls Ready for the 21st established in 1978, to coincide with ers who are emergency credentialed Century Act, it is really known as Go International Women’s Day, which we Girl. and who are assigned to teach outside will celebrate tomorrow, March 8th. of their field of expertise. Go Girl is designed to create a bold It is during this time that we ac- new workforce of energized young knowledge American women of all cul- According to the Journal of Teacher women in science, math, technology tures, classes and ethnic backgrounds Education, students learn significantly and engineering. who have served as leaders in the fore- less from teachers who are not pre- Last year, it was included as an front of every major progressive social pared in their teaching area. Fields amendment to two separate bills in the change movement, not only to secure like mathematics, physical science, Committee on Science and the Com- their own rights to equal opportunity, special education, and bilingual edu- mittee on Education and the Work- but also in the abolitionist movement, cation are suffering from a shortage of force. This year I will be reintroducing the emancipation movement, the in- teachers across different regions of this Go Girl. dustrial labor movement, the civil Along with improving early edu- country. rights movement, and other move- cation, we must also invest in job These shortages occur in part be- ments to create a more fair and just training programs and initiatives that cause some States prepare relatively civil society for all. give women the tools they need to be- few teachers but have rapidly growing Women have played, and continue to come self-sufficient. student enrollment. In my State of play, a critical economic, cultural and Mr. Speaker, we all know that one of California, enrollments are projected the best tools a woman can have is a social role in every sphere of our Na- tion’s life by constituting a significant to increase by more than 20 percent in quality education, since it is nearly that State by the year 2007. impossible to get a good job without a portion of the labor workforce working strong educational background. in and out of the home. In order to achieve the educational That is why I am working on legisla- One of the most significant roles of goals and success we hold for all of our tion to allow education to count as women is that of mother, bearing chil- children, we must develop strategies work when we reauthorize the welfare dren, nurturing and protecting their that do not trade off student learning to work legislation. children. for the hiring of unqualified teachers. Mr. Speaker, this month, the month In an effort to provide for the well- In addition, we must be willing to pro- of March, encourages us to think about being of her children, a mother takes vide qualified teachers, especially in the progress women have made, and it charge of all health and educational the urban areas, with professional sala- reminds us to use every instrument in needs critical to the child’s develop- ries and much needed training and our power to continue to move forward. ment. Thus tonight we will focus on services. We must continue to dedicate ourselves women and education. As a mother and grandmother, I am Mr. Speaker, we are proud to cele- to the jobs ahead. We must improve brate this month as Women’s History education for young girls and adoles- well aware of the importance of a qual- Month. cents. We must invest in job training ity education in the lives of young peo- for women, ensure equal pay for equal ple and know that next to mother a We also need to create high quality mentor work, and we must protect these teacher is probably one of the most in- programs for beginning teachers and expand rights, both in the United States and fluential persons in a child’s life. teacher education programs in high need abroad. As a former educator and the only fields so that individuals wishing to teach It is said that a woman’s work is Member of Congress to serve on the Na- math, science and special education can ob- tional Commission on Teaching and never done, hence we are here tonight tain the training necessary to accomplish their America’s Future, I have been com- working in the middle of the night. Our goals. I am committed to ensuring that Amer- mitted to promoting quality teachers predecessors knew the same thing in ica’s teachers are well trained, and well com- 1848. in our Nation’s public schools. Tonight I would like to discuss the pensated. What goes on in classrooms be- Today, we know that with challenges tween teachers and students may be the core ahead, we have our work cut out for us. issues of teacher recruitment, reten- tion and professional development. of education, but it is profoundly shaped by We must continue so that we can get the policies we propose and pass in Con- the job done. Mr. Speaker, it is widely recognized that investments in teacher knowledge gress. We must support the work of teachers f are among the most productive means and school administrators and work together WOMEN’S HISTORY MONTH of increasing student learning. Despite to strengthen America’s educational system. It The SPEAKER pro tempore. Under a our gains, much work still needs to be is my hope that together, we can develop in- previous order of the House, the gentle- done. We need to ensure that all of this novative methods to ensure that there is a woman from California (Ms. Nation’s children are taught by well- competent, caring, and qualified teacher for MILLENDER-MCDONALD) is recognized prepared and well-qualified teachers every child in the United States of America. for 5 minutes. who have access to ongoing profes- Women across America let’s celebrate this Ms. MILLENDER-MCDONALD. Mr. sional development and lifelong learn- month and showcase the accomplishments of Speaker, I am proud to stand here ing opportunities. women. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H715 b 2015 people, and by the people remain truly gap that we left open at the end of the RECOGNIZING FIVE CITIZENS for the people. Long after many of us 106th Congress in spite of Colombine. FROM MARYLAND FOR THEIR would have withdrawn in frustration The Million Moms are still orga- FINE SERVICE TO OUR NATION and moved on, they never lost their nizing at the grass roots. Members sense of optimism about our system of should be wary of letting another year The SPEAKER pro tempore (Mr. government. go by of shootings and no action. I will CANTOR). Under a previous order of the Mr. Speaker, I commend them for have a Mother’s Day resolution on the House, the gentleman from Maryland this optimism. I commend their perse- floor and I challenge the Congress to (Mr. GILCHREST) is recognized for 5 verance, and I commend the example close the loophole before that resolu- minutes. they set for our children and grand- tion and before Mother’s Day. We have Mr. GILCHREST. Mr. Speaker, I rise children. come so very close and we must ask today to call my colleagues’ attention In his recent inaugural address, our ourselves what advantage is it to us to the fine service to our Nation by five new President reminded us sometimes and our constituents to give an advan- citizens from my Maryland Congres- in life we are called to do great things, tage to gun shows over licensed dealers sional district: Mr. John Williams of but every day we are called to do small in our district? Why should licensed Elkton, Mr. Richard Noennich of things with great love. These five pa- dealers not get the respect, they who Elkton, Mr. William Jeanes of triots showed that in the small things pay taxes, over gun shows who go with- Earleville, Mr. Donald H. Burton of they did every day and the great ac- out the same regulations; and why op- Chesapeake City, and Mr. Emmett complishment that resulted, they pose closing the loophole when 90 per- Duke of Chestertown. showed great love for their community cent would pass instantly. This is a Very often we go on with our busy and our country. question of congressional will. lives and forget that every day our gov- Mr. Speaker, I ask my colleagues to I do not pretend that this is any pan- ernment is making decisions and plans join me in thanking John Williams, acea any more than the Brady Bill was, that will affect our health, our lives Richard Noennich, Bill Jeanes, Don but everybody now knows what a con- and our future. Every day so many of Burton and Emmett Duke for their siderable difference the Brady Bill us take for granted that someone else service to our nation. made. It is some important difference will take up the causes for which we Ralph Waldo Emerson said in his that closing the loophole would make, care and serve as the watchdog over essay more than a hundred years ago, and surely today we would recognize our Federal institutions. Often we are Self-reliance, ‘‘There is no peace with- that with all of the rhetoric about pro- too busy to get involved and our gov- out the triumph of principles.’’ These tecting our children. This much we can ernment moves ahead without critical men epitomize that statement. do. We can close that loophole. oversight from the people, leaving ac- Mr. Speaker, I would like to lay the f countability to be sacrificed on the second amendment argument to rest altar of convenience. The SPEAKER pro tempore. Under a once and more all. The Constitution More than 4 years ago our govern- previous order of the House, the gen- does not bar reasonable regulation of ment, emboldened by the neglect of its tleman from California (Mr. BACA) is gun ownership. How do I know that? In elected leaders, was determined to recognized for 5 minutes. the District of Columbia and all over move forward on a public works project (Mr. BACA addressed the House. His the United States, there are laws that in Maryland to deepen the Chesapeake remarks will appear hereafter in the forbid handguns altogether. Those laws and Delaware canal that connected the Extensions of Remarks.) were challenged decades ago and found Delaware River to the Chesapeake Bay. f constitutional. Why in the face of the This particular project was both a dis- The SPEAKER pro tempore. Under a fact that cities and localities regularly service to the taxpayers and a sin to previous order of the House, the gen- regulate guns do we hear constitu- our fragile Chesapeake Bay. A proposal tleman from New York (Mr. OWENS) is tional arguments against closing the to spend over $100 million on this recognized for 5 minutes. loophole. We need a national law. It is wasteful and unnecessary project was (Mr. OWENS addressed the House. not good enough to have a law in New never challenged. Yet five men from His remarks will appear hereafter in York and Atlanta and the District of opposite corners of the community and the Extensions of Remarks.) Columbia because guns travel by inter- separate walks of life met by chance f state commerce like people, they trav- and formed an alliance in the name of el on people and they travel in cars. The SPEAKER pro tempore. Under a injecting honesty and integrity into an We must not wait for the next shoot- previous order of the House, the gentle- intimidating government review proc- ing because we know it will come, and woman from Michigan (Ms. KIL- ess. Led by the guiding principle of it may even come if we close the loop- PATRICK) is recognized for 5 minutes. truth and a commitment to public hole. But to the extent that we save (Ms. KILPATRICK addressed the service, these patriots faced the air of the life of one child, and there are two House. Her remarks will appear here- entrenched special interest with little dead tonight, by a law that closes the after in the Extensions of Remarks.) outside support and ultimately tri- gun show loophole, we shall have done umphed in their efforts. f what was necessary for Members of After enduring years of ridicule by CLOSE THE GUN SHOW LOOPHOLE Congress to do. editorial writers, being stonewalled by Mr. Speaker, I ask this body to act government bureaucrats and The SPEAKER pro tempore. Under a now, act before Mother’s Day. previous order of the House, the gentle- marginalized by many of their own f elected officials, they were recently woman from the District of Columbia vindicated in their work by the right- (Ms. NORTON) is recognized for 5 min- 36–YEAR ANNIVERSARY OF MARCH ful collapse of the project when the utes. ACROSS EDMUND PETTUS BRIDGE Corps of Engineers finally recognized Ms. NORTON. Mr. Speaker, I hope The SPEAKER pro tempore. Under a that they were correct in their assump- that the Congress was awake today previous order of the House, the gentle- tions. when there was another shooting, mak- woman from Texas (Ms. JACKSON-LEE) Throughout the entire experience, ing two shootings in a week, yesterday is recognized for 5 minutes. these five men did not forget that one California at a public school, two dead, Ms. JACKSON-LEE of Texas. Mr. thing that makes America so strong, 13 injured; today a Catholic school. It Speaker, my colleagues see on the floor that democracy only works when citi- appears that there is one injury. of the House, the gentleman from Geor- zens stay involved. These five citizens I am not sure if it takes these shoot- gia (Mr. LEWIS) and the gentleman committed thousands of hours and ings to get congressional attention. I from Alabama (Mr. HILLIARD). thousands of dollars to making sure do give considerable credit to Senator Mr. Speaker, I rise this evening on a that our institutions of government MCCAIN and Senator LIEBERMAN who day of a very special and heroic event. stay committed to the principles of de- have been trying to close the gun gap In fact, I am somewhat overwhelmed mocracy, that our government of the since this Congress began, that is the because this has been a particularly H716 CONGRESSIONAL RECORD — HOUSE March 7, 2001 difficult day. It caused me to see the find ways to heal the broken hearts of freedom and for the right to vote is importance of those many souls on children who find no other way to ex- still going on. It will not stop until March 7, 1965 who took the heroic step hibit their anger than to take a 22 rifle every facet of our lives are free from to walk across the Edmund Pettus and shoot 30 rounds of ammunition out prejudice and discrimination. But in Bridge in Selma, Alabama. of the 40 that the child secured. order for that to take place, Mr. Speak- It was heroic because they were When is this Congress going to be er, each one of us must rededicate our marching into danger unforeseen. The brave enough, similar to those men and lives to the proposition that all men simple request was to allow people to women who took those steps across the are created equal and that they have vote, to be able to capture the essence Edmund Pettus Bridge some 36 years certain inalienable rights. of the Constitution; and in the Declara- ago, willing to offer their lives so that Mr. Speaker, we as Members of Con- tion of Independence we all are created America might be free and have the gress must make sure that we join the equal. We had the good fortune this right to vote. When will we stand as common man not only in rededicating weekend, as I have done for the past 3 Republicans and Democrats on behalf himself to the principles of democracy, years, to join John Lewis, one of those of our children to stop the bloodletting but we must make sure that our laws along with Hosea Williams and Bernard of children going to school and killing are in accordance with our democratic Lafayette and many, many others on children because we have a love affair principles. that fateful day, March 7, 1965 to begin with arms. We know we can certainly Mr. Speaker, the reenactment of the that walk of no return. protect the second amendment and pro- march across the Edmund Pettus We commemorated it, by our walk, tect our children as well. Bridge is not just a celebration but it and we walked tall. We saw media, we f is a cause celebre. It is a time to re- had throngs, and we were not beaten. member and to reflect upon those per- LOWERING THE ELIGIBILITY AGE Those 36 years ago, however, those in- sons who 36 years ago put their lives at FOR THE EARNED INCOME TAX dividuals who were brave enough to do the mercy of others who were opposed CREDIT it, were putting their life on the line. to them taking such action for the They were beaten, beaten to uncon- The SPEAKER pro tempore. Under a principle that everyone in our country sciousness. They were bloodied, but previous order of the House, the gentle- should have the right to vote. It was an they were unbowed. woman from Hawaii (Mrs. MINK) is rec- honor to participate in that reenact- After what we have gone through in ognized for 5 minutes. ment with such greats as the gen- this last election year, this past week- Mrs. MINK of Hawaii. Mr. Speaker, I rise to tleman from Georgia (Mr. LEWIS) and end was even more riveting and more introduce a bill that lowers the minimum age Bernard Lafayette, and others who par- emotional. It showed me even more the for individuals without children to be eligible ticipated at that time. sacrifice made for those of us who now for the earned income tax credit. Mr. Speaker, all of us have our Ed- stand here today. In 1975, the earned income tax credit was mund Pettus bridges to cross. We still The gentleman from Alabama (Mr. established to provide aid to working parents discriminate in this country against HILLIARD) returned home after being with low incomes. In 1994, the credit was ex- the disabled, against gays, against peo- educated at Morehouse and finishing tended to include low-income workers with no ple who may not speak in our native his law degree to serve his community. children. tongue. We still have a long way to go I pay tribute to him because he lived This credit provides struggling workers age in our society to make sure that every- that life and fought that fight. We 25 or over a financial boost by reducing their one has the opportunity to vote and to must never forget March 7, 1965. tax liability or providing an actual cash benefit. make sure that every vote is counted. We must never forget that bloody But the earned income tax credit discrimi- So it is not just remembering what Sunday, we must never forget the cour- nates against younger workers. It is inherently took place; but, Mr. Speaker, we have age of those who came back, Dr. Mar- unfair to deprive some the benefits of the tax to do something about the inequities tin Luther King came back on, I be- credit simply because he or she is under the that still exist in our society. The re- lieve, March 21, and we should commit age of 25. enactment keeps the public aware of Congress justified the age requirement to ourselves, Republicans and Democrats the past atrocities in our history. It prevent students, who are supported by their alike, never to allow the fundamental keeps them reflecting on the fact that parents, from becoming eligible for the credit. right to vote to be diminished. That is we still must fight for those things Yet in our inner cities and rural areas many why I propose a national holiday for all that are dear to our democracy. We young men and women cannot afford to go to Americans to vote in Presidential hope that the reenactment will cause college. Upon high school graduation, they are years and the Secure Democracy Act all of us to learn from the past but also thrust into the workforce. But many of the jobs that will establish the kind of systems to cause us to be able to profit from available to them do not pay a living wage. that will allow all Americans to vote. the mistakes of the past, to correct My bill helps these individuals by lowering I believe this is extremely important those problems of the past, to correct the minimum age requirement of the earned as we acknowledge as well this month the problems of the present so that the income tax credit to 21 years of age. the celebration of women in America’s future will be safe and secure for all to history. So many women who shared I urge my colleagues to cosponsor this leg- islation. enjoy. their life with the civil rights move- f ment, so many women who are our f first teachers, so many women who 36–YEAR ANNIVERSARY OF MARCH REMEMBERING THE 1965 MARCH braved obstacles to be able to serve ACROSS EDMUND PETTUS BRIDGE ACROSS THE EDMUND PETTUS BRIDGE their country in the United States The SPEAKER pro tempore. Under a military. Yet we still have many miles previous order of the House, the gen- The SPEAKER pro tempore (Mr. to travel. tleman from Alabama (Mr. HILLIARD) is CANTOR). Under a previous order of the Mr. Speaker, on behalf of those who recognized for 5 minutes. House, the gentleman from Georgia wish to vote, on behalf of women, and Mr. HILLIARD. Mr. Speaker, on the (Mr. LEWIS) is recognized for 5 minutes. as I close, on behalf of our children, for 36th anniversary of Bloody Sunday, I Mr. LEWIS of Georgia. Mr. Speaker, I join my previous colleague, the gen- stand to say thanks to the Members of like my colleagues, I rise today to pay tlewoman from the District of Colum- Congress from both sides of the aisle, tribute to the brave and courageous bia (Ms. NORTON) to say how many the Republicans and Democrats, who men and women and a few young chil- more times will we apologize to the came this past weekend to Alabama to dren that attempted to march from parents of dead children. participate in the reenactment of the Selma to Montgomery 36 years ago We must in fact take the bravery of march across the Edmund Pettus today, March 7, 1965. men and women who went forward in Bridge. Just think, Mr. Speaker, 36 years the civil rights movement and women ago, in many parts of the American who paved the way for those of us who b 2030 South, 11 States of the Old Confed- stand here to pass real gun safety legis- Mr. Speaker, this journey was begun eracy, from Virginia to Texas it was al- lation, to hold adults accountable, to some 36 years ago. The journey for most impossible for people of color to March 7, 2001 CONGRESSIONAL RECORD — HOUSE H717 register to vote. As a matter of fact, in Mr. Speaker, we have witnessed a non- So he sent the document, as he said a State like the State of Mississippi, in violent revolution in America, a revo- he would. I thank him for that. I did 1965 the State had a black voting-age lution of values, a revolution of ideas. not expect it to be a perfect thing. It population of more than 450,000 and Because of this march, because of this does not have to be, because we have only about 16,000 blacks were reg- attempted march, we are on our way the legislative process. So the docu- istered to vote. There was one county toward the building of what I like to ment came and we laid it side by side in Alabama, between Selma and Mont- call the ‘‘beloved community,’’ toward with what our staff has, and I have had gomery, Lowndes County, where the the building of a truly interracial de- for some bit of time, and things just do county was more than 80 percent Afri- mocracy. By marching, by standing up, not quite jive in the sense of what it can American; yet there was not a sin- these young men and women, these does for agriculture and what it does gle registered African American voter young children, on March 7, 1965, and for education and some of the things I in the county. In the little county of the Members of Congress back in 1965, am very concerned about, the construc- Selma, only 2.1 percent of blacks of helped to expand our democracy, tion in some of our research centers voting age were registered to vote. helped to open up the democratic proc- and so on. I think it needs some atten- People of color not only had to pay a ess and let hundreds of thousands and tion. poll tax, they had to pass a so-called millions of our citizens come in. I thought, well, that is okay, we have literacy test. Interpreting sections of We live in a better country. We live a process. The gentleman from Iowa the Constitution of the United States, in a better place because a few men and (Mr. NUSSLE), along with the ranking the constitution of the State of Ala- women and a few young children got member, the gentleman from South bama, the constitution of the State of in, what I call, the way to make Amer- Carolina (Mr. SPRATT), will bring us a Georgia and the State of Mississippi, ica different, to make America better. document that we can look at, and it there were black men and women Today, Mr. Speaker, I stand here to sa- will have the refinement of their work, teaching in colleges and universities, lute these brave men and women, men and that will be good, it will be helpful. black lawyers and black doctors being and women, with courage, who dared to But that is not going to happen, so I am told, and that is wrong. It is very told they could not read or write well sail against the wind on March 7, 1965. wrong. enough. On one occasion, a black man f I just have to reflect on what we do had a Ph.D. degree in philosophical The SPEAKER pro tempore. Under a in our own families. I travel across my theology and he flunked a so-called lit- previous order of the House, the gen- district; and when families sit at the eracy test. On another occasion, a man tleman from Louisiana (Mr. JEFFER- table and talk about what they are was asked to give the number of bub- SON) is recognized for 5 minutes. going to do with their resources, they bles in a bar of soap. (Mr. JEFFERSON addressed the want to pay off their debts, if they are The drive, the movement for the House. His remarks will appear here- planning a vacation, they have to be right to vote came to a head in Selma, after in the Extensions of Remarks.) sure that they have things in order; Alabama. For many months people had f that the kids are ready for school, they gone down to the courthouse to be The SPEAKER pro tempore. Under a have their clothes, all those things. turned back. They were arrested. Some previous order of the House, the gen- They see their budget before they were jailed. On March 7, 1965, about 600 tleman from South Carolina (Mr. CLY- spend that which they may not have to black men and women, and a few young BURN) is recognized for 5 minutes. spend. children, attempted to march from (Mr. CLYBURN addressed the House. County and city government, I have Selma, Alabama, to Montgomery, to His remarks will appear hereafter in dealt a lot with them. In our States the State capital, to dramatize to the the Extensions of Remarks.) they have to deal with property tax. Nation and to the world that people of f That is how they run most of county color wanted to register to vote. They and city government. Everybody would were beaten with night sticks, bull CONCERNED ABOUT A TAX CUT BILL BEFORE A BUDGET BILL like to have relief from property tax, whips, trampled by horses, and tear me too; but they would not think of de- gassed. The SPEAKER pro tempore. Under a claring a property tax relief until they That day became known as Bloody previous order of the House, the gen- considered the needs of the budget for Sunday. There was a sense of righteous tleman from Iowa (Mr. BOSWELL) is rec- that entity. They just would not think indignation all across America when ognized for 5 minutes. of it. Yet here we are about to embark people saw what happened to these 600 Mr. BOSWELL. Mr. Speaker, I come on this. men and women and young children in tonight at this late hour troubled In 1981, 20 years ago, when the tax Selma. Eight days later, after what be- somewhat about an event that I think bill of that day was passed, I was talk- came known as Bloody Sunday, Presi- needs some attention. I kind of hesi- ing to my accountant, Mr. Chuck dent Johnson came to this hall and tate talking about it after those won- Church, down in Des Moines, Iowa, he spoke to a joint session of the Con- derful words said by the gentleman is a CPA there, and we discussed this. gress, and he started that speech off on from Georgia (Mr. LEWIS) about a very We thought, well, this is pretty good, March 15, 1965, by saying: ‘‘I speak to- important thing. This is on another but then we started thinking about night for the dignity of man and for subject; but I appreciate what the gen- some of the other things that could the destiny of democracy.’’ President tleman said tonight, and I want to take place. Now, I bring this up for Johnson went on to say: ‘‘At times, thank him for it. comparison, budget first, because history and fate come together to Tomorrow, according to our majority things are much different than it was shape a turning point in man’s leader, we are going to be dealing with 20 years ago. unending search for freedom. So it was the first round of our tax bill, and I am Twenty years ago, we only had $1 more than a century ago at Lexington concerned about that. A few days ago trillion in debt. Now we have $5.7 tril- and at Concord. So it was at Appo- President Bush came up to Nemacolin lion. The service of the debt now is mattox. So it was last week in Selma, and talked to our caucus, and we en- quite a contrast. If we made a mistake Alabama.’’ joyed that visit very much. We appre- then, we had the strength and so on to And in that speech on March 15, 1965, ciated it. And in the process we asked recover from it. Do we today, if we President Johnson condemned the vio- him, Can we see a budget first? Can we make a mistake? I do not know. I am lence in Selma, introduced the Voting see the budget? For me, that was very concerned about it. I do not think that Rights Act; and before he closed that real, because before I came here there in those days they were thinking about speech he said over and over again: was a time when I was in our State leg- the baby boomers coming on. They are ‘‘And we shall overcome.’’ The Con- islature and had a very significant role coming. Now they are just 8 years away gress passed the Voting Rights Act, to play in working up a balanced budg- before they start entering into the and it was signed into law on August 6, et and getting our State out of bondage fray, and we have to deal with that. 1965, 36 years ago. and out of debt. So I am very conscious Twenty years ago they were not giving Because of the courage of these men of that. So we appreciated him saying that much attention. And I think that and women and these young children, that. needs attention. H718 CONGRESSIONAL RECORD — HOUSE March 7, 2001 So we need the budget first, and I over 100,000 votes that were not count- Ms. BROWN of Florida. This is round want to say to the American people to- ed, not one time. one, Mr. Speaker. We will continue this night and whoever else is listening in Let me discuss what an undervote is. discussion. their offices or wherever, common An undervote is like if you come from f sense says show the budget. Like the Duval County and you have those old C–SPAN, ERGONOMICS, THE PRESI- little lady said on advertising some machines and the machines spit the DENT’S TAX CUT AND PATIENT years ago, ‘‘Show me the beef.’’ Show vote out so they were not counted. I PROTECTION LEGISLATION us the budget so we can see where we asked the leadership of this House, are at and so we can go forward with when were we going to have a hearing The SPEAKER pro tempore. Under good sense and make the progress we on the illegal activities that occurred the Speaker’s announced policy of Jan- need to make. in Florida, the illegal activities that uary 3, 2001, the gentleman from Iowa We all would like to have tax relief. occurred on November 7. The response (Mr. GANSKE) is recognized for 60 min- I want tax relief. The money we have was that next week we are going to utes as the designee of the majority here is not our money. It is the peo- have a hearing on profiling, racial leader. ple’s money. We all know that. If we profiling. Mr. GANSKE. Mr. Speaker, this have more than we need, then we ought Now, I really think that is very im- morning started out with a breakfast to send it back. But we ought to deal portant, but that has nothing to do that I and other Members and past with the realities of where we are at with the election in Florida and what Members of Congress had with Brian and not jeopardize Social Security and happened in Duval County and in Semi- Lamb, who is the head of C–SPAN, the Medicare and defense and agriculture, nole County, where people went in to chief executive officer of C–SPAN. I and a number of things that are very, the supervisor of elections and filled must give a lot of credit to C–SPAN, very high priorities to us. We ought to out forms, and in Martin County, because it is bringing democracy into think of it and be sure that we have the where they went in to the supervisor of millions and millions of homes every budget first. elections and took forms out and where day and has opened up the political So here we are tonight, Mr. Speaker, the Secretary of State in the State of process more than ever before. Some- at this point, a few hours away from Florida took $4 million of taxpayers’ times I will give a special order and I taking it up, and I would hope we money, subcontracted to a firm in will invariably hear from home from would give some consideration to what Texas to identify felons, and many that some of my constituents and very, very we have talked about. were identified and kicked off of the frequently I will hear from my col- roll had never been arrested. leagues here in Congress on a comment f on what I spoke about. I know that Yes, there were a lot of criminal ac- b 2045 other Members who take part in spe- tivities that occurred in Florida on No- cial orders find the same thing. A THE FLORIDA VOTE vember 7. I cannot move forward be- major reason for that is because of the cause we are debating tomorrow a tax The SPEAKER pro tempore (Mr. coverage by C–SPAN, a real service. cut as if someone had a mandate on CANTOR). Under a previous order of the Mr. Lamb is a gentleman and I think a November 7. That is what is disturbing House, the gentlewoman from Florida patriot for selflessly giving up of his to me. The issue that we discussed (Ms. BROWN) is recognized for 5 min- time and tremendous work and energy today, turning back the clock for utes. to provide a service for citizens around American workers, we would not be Ms. BROWN of Florida. Mr. Speaker, the country and a service that also discussing those items if we did not first of all let me thank the gentleman helps us do our business here. Because have that coup to take place in Flor- from Georgia (Mr. LEWIS), the gen- there will be innumerable nights when ida. tleman from Alabama (Mr. HILLIARD) I will be working in my office and there and the gentlewoman from Texas (Ms. Mr. Speaker, my people in Florida will be coverage here on the floor or JACKSON-LEE) for their discussion to- want to know, when in Congress are we during the daytime when we are all night over the fight to get the right to going to have a hearing on the illegal tied up in committee meetings and vote. I want to take that a step forward activities that took place in Florida other things, and we get to follow what to discuss the fight to make sure every during the election and after the elec- is going on on the floor via the cov- vote counts. tion? erage from C–SPAN. Before I begin, I want to talk a bit Mr. LEWIS of Georgia. Mr. Speaker, I think tonight is a good example of about the coup d’etat. I know those are will the gentlewoman yield? the type of diverse comments that are strong words, Mr. Speaker, but that is Ms. BROWN of Florida. I yield to the covered, especially after regular order what happened in Florida, on Novem- gentleman from Georgia. and during what is called special or- ber 7, because, without a doubt, more Mr. LEWIS of Georgia. I thank the ders, about the only time that Con- people, not just in the United States, gentlewoman for yielding. We are not gressmen and Congresswomen have to went to the polls and voted for Al Gore, in the majority, so we cannot set the speak at any length of time is during more people in the State of Florida time and place of the hearing. It is my this time. went to the polls and voted for Al Gore. hope that we will have a hearing, that Mr. Speaker, we have 435 Members of In fact, I represent Duval County, the the leadership of the Congress, the the House. We can fill every seat in Third Congressional District of Flor- leadership of this House will hold hear- this room. And because there are so ida, where 27,000 votes were thrown ings on what happened in Florida. The many of us, the rules of the House out, 16,000 of them African Americans, right to vote, and the right to have make it so that when we debate an im- 22,000 overvotes, 6,000 undervotes, that your vote counted, is the heart and portant issue, there is a limited have never been counted. soul of our democratic process. amount of time. We do not have the I was particularly disturbed last We just had a discussion a few mo- luxury of only having 100 members like week when the Miami Herald, and I ments ago about how people suffered, they do in the Senate where the Sen- have got to give credit, if you read the people struggled, people that I knew ators can speak for extended periods of article, they did not say that Al Gore died for the right to vote. I will never time and develop completely ideas. lost Florida, but the media went in and forget in June of 1964, three young And so what frequently happens is that talked about the election and indicated men, Andy Goodman, Michael during a debate on an issue like today that in four counties, four counties, if Schwerner, white, Jewish from New when we spoke about workplace regula- the recount was done, that Bush would York; and James Chaney, black, from tions on ergonomics, we will have a set have won. But I knew for a fact they Mississippi, were arrested, jailed by the period of time for debate, it will be di- were not talking about Duval, because sheriff, then taken over to the Klan vided between both sides, the Repub- we just started counting the votes, the where they were beaten, shot and licans and the Democrats, and then, be- undervotes in Duval Monday. We have killed because they were there to help cause so many Members want to speak been in court. And so we are still people register to vote. Then Jimmy on an issue, like will happen tomorrow counting the undervotes in Florida, Lee Jackson in Alabama and others. when we debate the tax cut, there is March 7, 2001 CONGRESSIONAL RECORD — HOUSE H719 only a very small amount of time that on this complex issue. So I looked at with the National Research Council is allotted to each Member. And so, un- my speech and I tried to pare it down that more study is important. fortunately, frequently the volume is and sure enough I ran out of time right Mr. Speaker, we need a better under- turned up and the thought does not get at the end. So I am going to speak a standing of the mechanisms that un- very well developed, and we end up little bit about that, because it is an derlie the relationships between causal sometimes, I am afraid, with some awfully important issue, to workers, to factors and outcomes. We need to clar- shouting on the floor and more par- employers, and really to our economy. ify the relationships between symp- tisanship than we need to see. And ba- Tomorrow we are going to be debat- toms, injury, injury reporting and dis- sically we are talking from soundbites. ing a tax cut bill. So today I went to ability on the one hand and work and And so I very much appreciate the the floor, here on the floor, I ran into individual and social factors on the chance that we have on evenings like the chairman of the Committee on other. this to address some issues in a little Ways and Means, and I asked the gen- We need more information on the re- more depth, and I think it is really, tleman from California (Mr. THOMAS) if lationship between the degree of dif- really important that we maintain the I could have some time to speak on the ferent mechanical stressors and the bi- opportunity to do that. tax cut. Well, he thought that maybe I ological response in order to under- I have learned a lot tonight in sitting could have a minute or two, but he had stand what is known as a dose response on the floor and listening to fellow an awful lot of people on his own com- relationship, and then to define risk. Members. We have just had the gentle- mittee who wanted to speak. So to- woman from Texas (Ms. JACKSON-LEE), night I am going to develop a little bit Mr. Speaker, we need to clarify the the gentleman from Alabama (Mr. further my thoughts on a tax cut. clinical course of musculoskeletal dis- HILLIARD) and the gentleman from We have before us in Congress a very orders. Georgia (Mr. LEWIS) talk about an important issue on patient protection, Now, as someone who has treated a event that happened 36 years ago. Un- and how people are treated by their lot of patients with this problem, I can fortunately probably most Americans HMOs. Goodness, Mr. Speaker, I can re- say that it is not always easy to distin- do not know what happened at the Ed- member about 3 years ago now this guish various aches and pains from mund Pettus Bridge, but it was really, coming to the floor and we had 1 hour musculoskeletal disorders. Unfortu- really important to a lot of people of debate on each side, which meant nately, Mr. Speaker, the older we get after it happened. that everyone who wanted to speak got the more often we all end up with Mr. Speaker, it will not be long be- about 1 minute or 2 minutes, so tonight aches and pains, but we do not all have fore you and I are not around, or any of I am going to spend a little bit of my ergonomics, ergonomic-type diseases us are around, and hardly anyone will time on that, too. or disorders. remember any of us very long. But Mr. Speaker, I applaud yesterday’s It is paramount, Mr. Speaker, to the there is a saying that is engraved by vote in the Senate on the proposed patient’s welfare and future in the Robert Kennedy’s gravestone that I ergonomics rule in which 56 Senators workforce to make the correct diag- think is appropriate, and it is why we to 44 voted that the proposed regula- nosis. If a patient is told that he or she all work in public service and why at tions were inappropriate and that we has a musculoskeletal disease, quote/ home we work for our families. It is should do them again. unquote, it can actually encourage a not that there is any expectation that disease mentality where one may not b 2100 we are going to be famous or that we have existed before. are going to be remembered for any pe- I applaud the House of Representa- This regulation that the House to- riod of time, it is just that if you toss tives in taking a similar position night just rejected, in my opinion, that small pebble into the ocean, you today. could have actually harmed patients. Mr. Speaker, prior to coming to Con- will make a little splash, and it will For instance, OSHA describes ‘‘observ- gress, I was a reconstructive surgeon create a little wave, and if enough able’’ physical signs that would con- who treated a large number of patients other people do that, you will create a stitute, quote, ‘‘a recordable musculo- with upper extremity musculoskeletal current, and a current adds to a cur- skeletal disease,’’ unquote, that would disorders, some of which were disease rent and collectively you can make a have to be reported by the employer. difference just like those men and processes like carpal tunnel, cubital Now, some of those signs that OSHA women did 36 years ago that resulted in tunnel, tendonitis. talks about that the employer is sup- millions and millions of people getting Mr. Speaker, I am not a spokesperson posed to look for are things like de- the right to vote. I really appreciate for these organizations; but I am the creased grip strength or decreased the comments tonight that we have only Member of Congress who is a range of motion. Mr. Speaker, all hand had from our colleagues. member of both national hand surgery We do not always agree. I do not societies, the American Society for surgeons know that those types of tests agree that in Florida there was any Surgery of the Hand and the American can be very subjective. How does one evidence that any fraud took place. Association of Hand Surgery; the only know how hard somebody is trying to And so I would take issue with state- Member of Congress who has actually grip? How does one know if they are co- ments that were made tonight in that treated patients with ergonomic dis- operating fully with a full range of mo- regard. But my plea to Mr. Lamb is eases. Like hand surgeons around the tion? This is something, that according that we are allowed to continue to country, I share OSHA’s concerns to these regulations, is supposed to be have special orders broadcast. I think about the health and safety of workers done by the employer. it is important. We can communicate and I am dedicated, as all hand sur- I am troubled that in those regula- with our colleagues back in the office geons are, to helping prevent and re- tions the truly objective type of find- buildings after hours, or sometimes duce workplace injuries. ings, the things that can be reproduced even in their apartments here on Cap- Repetitive stress injury is poorly un- without a patient’s subjective input, itol Hill. We can communicate with derstood. The diagnosis is made far too things like atrophy, reflex changes, constituents. And it gives us our only commonly and the implications of that electrodiagnostic abnormalities and chance here in the House to talk about diagnosis are far-reaching for patients, certain imaging findings, these were an issue in some depth without having employers, employees, and third party not the things that were required by to shout soundbites. payers. Like OSHA, I and thousands of the employers to report. The MSD So tonight, Mr. Speaker, I want to other hand surgeons recognize the need symptoms in the rule do not require talk about a couple of issues. Earlier to pay close attention to musculo- objective verification in order to be re- today, the House dealt with the pro- skeletal aches and pains and to appro- cordable. So, in my opinion, that posed new workplace regulations on re- priately diagnosis and treat musculo- places much too much responsibility petitive-type injuries, or the skeletal disease in a timely fashion. on both the worker and on the em- ergonomics rule. When I was on the However, I believe that OSHA’s new ployer to make a correct diagnosis. floor earlier today and wanted to speak ergonomic rules are not founded on, ‘‘a This gets to be a problem because of on this, I was given 11⁄2 minutes to talk substantial body of evidence.’’ I agree this: Mr. Speaker, we know that in the H720 CONGRESSIONAL RECORD — HOUSE March 7, 2001 general population about 2 to 10 per- using the increasing tax surplus for tax would receive 22 percent of the total re- cent of the public can have bodily com- relief. In testimony before the House ductions called for. plaints as a manifestation of psycho- Committee on the Budget, Mr. Green- Those earning more than $80,000 per social disorders and, Mr. Speaker, in span noted that a surplus of this size year, or the top 10 percent, who pay 64 my opinion it is more common to see allows the government to significantly percent of income taxes would get 47 that in a group of patients when one is cut the Federal debt while providing percent of this tax cut. dealing with work-related musculo- tax relief. Greenspan testified that the b 2115 skeletal disorders, and especially when economy is slowing down. According to one is dealing with worker’s compensa- the Bureau of Economic Analysis, real But lower- to middle-income earners tion. gross domestic product has slowed would get a proportionately larger tax Dealing with these patients in order from 8.3 percent in the fourth quarter cut. Those making $50,000 to $75,000 per to help them continue to be productive of 1999 to only 1.4 percent in the fourth year who are currently paying 12.6 per- members of society, for their own wel- quarter of the year 2000, last year. cent of income taxes would get 17 per- fare, is a real art. It requires an opti- The Consumer Confidence Index has cent of the benefit, and those earning mistic approach. It requires reassur- fallen 5 consecutive months. Unem- $30,000 to $50,000 per year who are cur- ance. One needs to be very careful that ployment increased by 300,000 in Janu- rently paying 7 percent of income taxes they do not set in motion expectations ary. Manufacturing has experienced a would receive 12 percent of the tax cut by the patient that they may not be severe downturn with 65,000 job losses we are going to vote on tomorrow. able to get back to work. in January, with the biggest loss in the Now, Mr. Speaker, I also support I am afraid that that proposed rule, auto industry. In December 2000, there marriage tax relief and death tax re- which fortunately the House tonight were 2,677 mass lay-off actions, quote/ lief, but the House is dealing with the decided to send back to the drawing unquote, the highest since the Labor rate reductions first because the eco- board, would have instantly made mil- Department started collecting that nomic effects of rate reductions would lions of individuals eligible for exten- data in 1995. be felt sooner. It may not be that peo- sive treatment with up to 6 months’ Mr. Speaker, according to the Con- ple are going to get tomorrow some ad- paid time off, and I will guarantee, Mr. gressional Budget Office we have a $5.6 ditional money in their pocket, but Speaker, that that regulation would trillion tax surplus. Of this, $2.6 tril- they know it will not be too soon and not have helped those individuals in lion lies in the Social Security trust they will factor that in to economic de- the long run. fund and is off-limits. Another $400 bil- cisions that they are making now. I So let me repeat, I share OSHA’s con- lion is off-limits in the Medicare budg- think that with the current economic cern about health and safety, and now et. So the usable surplus is about $2.6 slowdown, which is why the Federal that this rule is off the table here is trillion. Reserve has lowered interest rates what I think we should do: We should The tax relief bill before the House of twice in the month of January, and is support a national research agenda on Representatives tomorrow would pro- why most Fed-watchers believe that in- work-related injuries, especially repet- vide tax savings to taxpayers of $958 terest rates will be lowered sooner, itive stress-type injuries. We should billion over 10 years. It provides imme- that our economy needs that stimulus. collect the necessary scientific data. diate tax relief by reducing the current However, it is beyond the power of the We should then incrementally imple- 15 percent tax rate on the first $12,000 Federal Reserve to lower taxes, and ment standards. We should test-control of taxable income for couples, $6,000 for that is why Fed Chairman Alan Green- on-the-job pilot programs of the pro- singles. The new 12 percent rate would span has made an appeal to Congress to posed new rule’s various parts, instead apply retroactively to the beginning of lower taxes. of just jumping into a stack of regula- 2001 and would also be the rate for 2002. Mr. Speaker, I think it is very impor- tions that high. The rate would then be reduced further tant to give the economy a boost now Mr. Speaker, we need to be very care- to 11 percent in 2003 and 10 percent in in order to try to avoid a further eco- ful in the development of the diag- 2006. nomic downturn. That is why the rate nostic criteria and the clinical guide- The reduction in the 15 percent tax reductions in the lower brackets are lines for employers, workers and health bracket alone provides a tax reduction accelerated and would be retroactive in care professionals in the evaluation of $360 for average couples in 2001, this the tax relief bill that the House is and management of musculoskeletal year, or $180 for singles, and it in- going to vote on tomorrow. That tax diseases in the workplace. creases to $600 for couples in 2006. The relief bill that we are going to vote on So because of the action both the House bill reduces and consolidates tomorrow is the responsible thing to House and the Senate have taken and rate brackets. By 2006, the present law do. In my opinion, those who vote ‘‘no’’ on the assumption that President Bush structure of five rates, which is 15 per- on that bill tomorrow will be the risk- will sign what we did today, we are cent, 28 percent, 31 percent, 36 percent takers. going back to the drawing board. We and 39.6 percent, would be reduced to CURRENT STATUS ON PATIENTS’ BILL OF RIGHTS have had assurances from the new Sec- four rates of 10 percent, 15 percent, 25 Mr. GANSKE. Mr. Speaker, let me retary of Labor that she wants to work percent and 33 percent. I believe that speak for just a little bit about the Pa- on this. I think it is very important that is a more fair Tax Code. tients’ Bill of Rights and where we are. that when new regulations come back Currently, the top income tax rate, This continues to be a problem that to us that they are done right. 39.6 percent, is 2.64 times larger than is affecting millions of people, literally f the bottom rate, at 15 percent. Under every day, the problem about being our bill, which we will be debating to- treated fairly by their HMOs. I want to TAX CUTS FOR ALL IS THE FAIR morrow, the top income rate, 33 per- point out that some HMOs are being THING TO DO cent, would be 3.3 times the bottom fair to their patients, but it is also fair Mr. GANSKE. Mr. Speaker, tomor- rate. So proportionately it would be to say that some are not. This cuts row we are going to have a vigorous de- bigger than what we are currently across all brackets, all groups of peo- bate on the floor on a tax cut, and I am dealing with. ple, Republicans, Democrats, men, going to vote for that tax cut. We Some have argued that we cannot af- women. Just about every day, some- should cut taxes because we are col- ford a tax cut and say that it would un- body comes up to me and tells me a lecting surplus taxes, because the Tax fairly provide the greatest benefit to story about the kind of problems they Code should be more fair, and maybe, high-income taxpayers. Mr. Speaker, have had. Just a few days ago, a woman Mr. Speaker, most urgently because that is just not the case. The rate re- in Des Moines, Iowa, came up to me the economy would benefit from a re- ductions and the marriage penalty re- nearly in tears. She has had breast can- sponsible tax stimulus. lief portions of the Bush plan would, cer. She has gone through chemo- Mr. Speaker, I think it is very impor- according to the Joint Committee on therapy. She needs a test that her doc- tant that we act expeditiously. Just Taxation, show that the wealthiest 1 tor recommended, but her HMO re- last week Federal Reserve Chairman percent of taxpayers who are currently fused. She has been, as she said, on an Greenspan reiterated his support for paying 31.5 percent of income taxes emotional roller coaster trying to get March 7, 2001 CONGRESSIONAL RECORD — HOUSE H721 this medical test done. So she went would fall, premiums would skyrocket, by the way, the health plan or the HMO through an appeals process. She that there would be a plethora of law- that you have chosen is their health thought it was authorized. She was up, suits. None of that has happened, as plan too. Okay. If that HMO makes a she was happy, and then the rug was has been documented by statements by decision that is medically negligent, pulled out from underneath her be- President Bush all during the Presi- and the employer, you the employer cause then her HMO turned her down. dential campaign. Our bill is modeled had nothing to do with that decision, Mr. Speaker, a woman who has had after that. you are not liable under our bill. Pe- breast cancer and who has had chemo- So we are coming down to this in riod, you are not liable. therapy and who has been through a terms of trying to get a resolution on Mr. Speaker, I do not know employ- lot, and she has carried this fight with this. What is the scope of the bill? We ers who want to get involved in med- her HMO by herself, she told me, you feel that everyone in the country ical decision-making for their employ- know, GREG, I have never asked my should be covered with a floor of cer- ees. Number one, their employees husband to do this, but the other day, tain protections. We feel, however, that would consider that a violation of their I said to my husband, you are just it was inappropriate and wrong for privacy. Number two, the employers do going to have to carry the load for me Congress 25 years ago to usurp from the not want to get anywhere near that, so on this. That HMO has just worn me States the ability to oversee medical they do not. And if they are not in out. I do not have the energy to fight judgment decisions by health plans. So there meddling, they are not liable them anymore. Will you do this for if there is a negligent action that re- under our bill. I do not know how many me? And, of course, he answered yes. sults in irreparable harm to the pa- times we can say this. I do not know This is part of the problem that we tient, then that would be dealt with on how many distinguished law professors have seen all along. It is the bureauc- the State side, and I should point out around the country we can get to say racies in some HMOs that delay and that about 30 some States have already that, yes, that is the truth. Under the delay and delay needed and necessary enacted significant tort reform in that. plain meaning of the language of your medical care; and after a while, a pa- So what we are basically doing in statute, that is what it says. And then tient gets beaten down, or maybe they this bill is codifying a decision that the the business coalitions will then pur- just pass away, and then it is not the Supreme Court has already made chase full-page ads and say that it is HMO’s problem anymore. called P. Graham v. Hedrick which sets not the way it is. For goodness sake. Well, about a month ago, a bipartisan up that distinction. Contractual deci- We have had some of the leading con- group of Senators and Representatives sions stay on the Federal side in Fed- stitutional and ERISA scholars in the who have worked on this for years, my- eral court. It does not matter if a pa- country look at that. self included, the gentleman from tient needs a liver transplant. It does Look, when I was in medical prac- Georgia (Mr. NORWOOD), the gentleman not matter if it is medically necessary tice, just like a number of my col- from Michigan (Mr. DINGELL), Senator if in the contract it says, we do not leagues, not only were we professionals MCCAIN, Senator SPECTER, Senator ED- provide liver transplants. That is a treating patients, but we also ran a WARDS, Senator KENNEDY, a number of contractual item and would be handled business. We have employees. Those us, and that is just a short list, we have on the Federal side. However, if the employees get health care, usually cov- all worked together to put together a HMO has made a medical judgment- ered through the practice. And I say to truly bipartisan bill to finally, after 5 type decision that then results in an my colleagues, I do not know any phy- or so years of battling the HMOs who injury, then that is no longer a con- sicians that enter into the medical de- have delayed and delayed and delayed, tractual issue. Now we are getting into cision-making of their employees. That trying to get us worn down, well, we the practice of medicine and the deter- is between the employee and the HMO. are not worn down. We are going to mination of medical necessity, and They do not want to get anywhere near continue fighting for this. We put to- that is where then a patient can go that, and they are protected, just like gether a bipartisan bill and we put it in through the appeals process, ulti- any other small businessperson would the docket on the Senate side and here. mately to an independent panel, and be. Some say, some of the businesses We laid down a mark. We took portions that panel’s decision would be binding say, well, we have a self-insured plan. of work that has been done by other on the health plan. We think that is a Maybe this will make us more liable. people interested in this issue, Senator fair resolution. They looked at that down in Texas. NICKLES, we incorporated language Basically what we have done in the Those self-insured plans are run by from his bill; substitutes that were bill is we have done a new bifurcated third-party administrators, they do not here on the House floor 2 years ago. We Federal-State structure from what we micromanage like HMOs; their risk is took language from the Goss-Coburn- did that passed the House where we very, very small, and when they ask Shadegg bill; wherever we could, wher- simply said a medical judgment deci- their actuaries, what difference would ever we could see that there were simi- sion goes to the State and we remained this make in the premiums we should larities; we took other pieces, pieces silent on the provisions that stayed on be charging, they get a minuscule from other bills, we combined them to- the Federal side as it related to con- amount that is about the equivalent of gether, and we think we have the best tract. a Big Mac per month. work product out there, something We continue to feel that the em- that continues to allow employers, es- ployer protections in our bill are solid. pecially across State lines, to set up a There are about 300 endorsing organiza- b 2130 uniform benefits package under ERISA tions for the Norwood-Dingell-Ganske Mr. Speaker, I think we have a great so that they are not subject to State- bill that passed the House 2 years ago, bill. This bill has gone through a num- mandated benefits. We allow that to and these organizations are supportive ber of modifications in our attempt to continue. However, we also say, we of the Ganske-Dingell bill now, the take a step towards the opponents of ought to have to provide certain serv- McCain-Edwards bill. All of these orga- our bill and address their concerns, but ices, many of which are no longer con- nizations have employees. The struc- every time we do that, Mr. Speaker, troversial, like emergency care and not ture of these organizations is also one the opponents to this take a step back. gagging doctors from telling patients of an employer-employee relationship. It is the proverbial old moving goal what they need, but primarily, the bill They have all looked at the legal rami- post. Finally, Mr. Speaker, as I am sets up a process so that if there is a fications as has some of the leading going to make an appeal to my col- dispute on a denial of care, that the pa- ERISA law firms in the country, and leagues to sign on to this bill, we have tient has a process, a fair process the employer protections are solid. If a lot of cosponsors, bipartisanship co- through which they can go to appeal an employer has not entered into the sponsors in the House already. that, both internally and then to an ex- medical decision-making process by But there are a couple of things in ternal independent appeals process. We the health plan; let us say you are a this bill that should be particularly en- modeled our legislation after what was small business in a west Texas town, ticing to my Republican colleagues, be- passed in Texas a number of years ago. and you have 10 employees and you cause we have an extension of medical The HMOs at that time said the sky provide health insurance to them and, savings accounts in the bill that is in H722 CONGRESSIONAL RECORD — HOUSE March 7, 2001 the House. We have 100 percent deduct- think, the best opportunity for our new break the House rules. Many of my col- ibility for the self-employed in this bill President to try to change the tone in leagues felt like that with January the in the House. Washington and to be able to move the 20th coming that we had gotten passed Those are things that Republicans Patients’ Bill of Rights forward as the the playing on words of definitions of have wanted for a long, long time, and first piece of truly bipartisan effort. what various words are, and that we the Democrats, who have negotiated in Mr. Speaker, I think it certainly is thought we were ready for some good faith, but may not be exactly within our grasp, and I think that the straight talk, but we are going to hear where they are in a couple of those efforts that the gentleman has made from the leaders of this House tomor- things or at least on the medical sav- have blazed that trail. And as the gen- row that technically we are going to be ings accounts issue, but in their spirit tleman mentioned, I was fortunate to legal with the rule and the consider- of cooperation and compromise, they be able to carry one of the first Pa- ation of this bill. said, all right, if we think it is impor- tients’ Bill of Rights in the country in Mr. Speaker, some of us believe that tant, they will accept it in the bill and Texas in 1996. And, of course, it was not that is not a positive action. In fact, they did. until court rulings determined that our we believe very strongly that even if it Mr. Speaker, I am going to close to- State protections really did not apply is technically correct, that we ought to night coming back around to where I to all patients enrolled in managed live up to the spirit of the budget law, was before, and that I sincerely hope care, that we had to deal with that and that is when we will find the Blue that Mr. Brian Lamb on C–SPAN is here in Washington. Dogs standing shoulder to shoulder watching tonight. This is the only op- Mr. Speaker, I thank the gentleman bipartisanly with the majority in this portunity a number of us who are not for his leadership on that issue. House in dealing with the budget proc- members of leadership ever get to come Mr. GANSKE. Mr. Speaker, I notice ess, which will include tax relief. to the floor of the House of Representa- the gentleman from Texas (Mr. We have no argument whatsoever tives and for anything other than a SANDLIN) and I want to thank him for that in the budget of this year and over sound bite speak on an issue and try to his great work that he has done on pa- the next 5 years that significant tax re- lief is in order, and will and are pre- express our ideas in some depth. tient protection. The gentleman from Mr. Speaker, I see that we are now Arkansas (Mr. BERRY) has done a won- pared to vote for it, but that is not joined by a distinguished couple of col- derful job on this issue, too. what we are going to do tomorrow. We have truly worked together in a Being in the minority when we are leagues from Texas. I am about done, bipartisan fashion, and I look forward overrun, when decisions are made by but first I will yield to the gentleman to the day when we can all be together the leadership that we are going to from Texas. in a signing in the Rose Garden. bring a tax bill onto the floor, we are Mr. STENHOLM. Mr. Speaker, I not going to have bipartisan consider- thank the gentleman from Iowa (Mr. f ation, it is going to be the bill that the GANSKE) for yielding to me and I would SO-CALLED ECONOMIC GROWTH gentleman from California (Mr. THOM- like to say that I have enjoyed listen- AND TAX RELIEF ACT AS), the chairman of the Committee on ing to the gentleman’s dissertation re- The SPEAKER pro tempore (Mr. Ways and Means, and the leadership garding the Patients’ Bill of Rights. FLAKE). Under the Speaker’s an- have selected, and that is going to be And as a Texan, I would say as an nounced policy of January 3, 2001, the the bill that we are going to vote on, Iowan the gentleman has gotten it ex- gentleman from Texas (Mr. STENHOLM) there is nothing we can do about it, un- actly right. And I do not understand ei- is recognized for 60 minutes as the des- less we have some of the same kind of ther how some groups can continue to ignee of the minority leader. bipartisan support that we were talk- be as opposed as they say they are Mr. STENHOLM. Mr. Speaker, to- ing about with the gentleman from when the facts of the matter regarding night we Blue Dogs are going to take a Iowa (Mr. GANSKE) a moment ago. lawsuits are exactly like the gen- few minutes to discuss tomorrow’s vote When we find ourselves in substantial tleman from Iowa (Mr. GANSKE) has regarding the so-called Economic agreement and when we have that kind stated. Growth and Tax Relief Act, and we are of action on the floor of the House, we I, for one, appreciate the gentleman’s going to do our best to explain to all truly will be bipartisan, but that is not leadership on this issue, and we as co- who are listening and to our colleagues what we are going to do tomorrow. sponsors of the legislation will look and to others why we believe that it is Mr. Speaker, the President’s plan is forward to sooner, if not later, getting a terrible mistake to bring a tax bill to an important voice in this process, but this legislation on the floor and passed the floor of the House before we first it is not the only voice. There are a lot and on the way to the Senate and on to pass a budget. of questions that remain about his the President. Last week, President Bush submitted budget. We have an honest disagree- Mr. Speaker, I appreciate the gentle- a budget blueprint outlining how he ment about some of his priorities and man’s leadership on this issue. proposes to fit his tax and spending pri- questions about how he will pay for all Mr. GANSKE. Mr. Speaker, I thank orities in an overall budget framework. of his priorities as identified in his the gentleman from Texas (Mr. STEN- We welcomed this proposal as the first budget without borrowing from Social HOLM) for his comments. step in the budget process. Security and Medicare. And how many Mr. Speaker, I notice two other col- Unfortunately, this House tomorrow times, Mr. Speaker, in the last several leagues, the gentleman from Texas is being asked to short circuit the weeks and months, how many times, to (Mr. TURNER) and the gentleman from budget process by bringing legislation those who were here last year, have we Texas (Mr. SANDLIN) who have been to the House floor implementing the voted on lockboxes after lockboxes stalwart in the Patients’ Bill of Rights tax cuts before Congress has had an op- after lockboxes in which we have stood fight. The gentleman from Texas (Mr. portunity to consider the entire budg- 400 strong saying we are not going to TURNER) in fact, worked on it as a et. Now, a careful reading of the 1974 touch Social Security and Medicare? State legislator. Budget Act will find that we cannot do Let me issue a little bit of a warning Mr. Speaker, I yield to the gentleman that. It is against the rules of the to my colleagues who are going to vote from Texas (Mr. TURNER), if he would House to bring a major spending bill or for this tax cutting bill tomorrow, be care to make a comment. a major tax cutting bill to the floor of careful when playing with fire because Mr. TURNER. Mr. Speaker, I thank the House before we get a budget. your fingers may be burned. Examine the gentleman from Iowa (Mr. Tomorrow my colleagues will hear the budget. Examine the proposals. Ex- GANSKE). I want to commend the gen- that technically speaking this is not amine the projected surplus. Take a tleman, first of all, on his leadership on breaking the budget rules, because good, hard look at where my colleagues this issue. technically we are still operating in are headed with the strategy that my The gentleman has truly been a cou- the year 2000 budget and, therefore, colleagues are following. rageous Member of this Congress to try technically this is not against the We in the Blue Dogs are going to be to lead this House to adopting the Pa- House rules. attempting tomorrow in the short pe- tients’ Bill of Rights that all of us here We are going to enjoy hearing the ex- riod of time to make our point as have supported. It really represents, I planation as to why technically we can strongly as we can possibly make it. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H723 We should not pass the tax cut bill Mr. Speaker, I yield to the gentleman the competing priorities and then tomorrow. We should first pass a budg- from Texas (Mr. TURNER). make a decision on a tax cut that fits et. Ironically, ironically, the House Mr. TURNER. Mr. Speaker, I thank within that budget that the Congress Committee on the Budget has sched- the gentleman from Texas (Mr. STEN- has agreed upon. uled a hearing tomorrow afternoon HOLM) for yielding to me. It is a pleas- Frankly, right now the President’s during the time we are going to be de- ure to join all of our Blue Dog Demo- tax cut seems a whole lot like trying to bating the tax cut. The purpose of the crats on the floor here tonight to talk fit a size 11 foot into a size 6 shoe be- hearing is to give Members an oppor- about what we think is the critical cause there are a lot of competing in- tunity to testify about their interests issue of the moment here in the House terests that this Congress from various regarding the fiscal year 2002 budget. of Representatives, and that is the fact quarters will have an interest in. For At the very time that Members of that we are faced tomorrow with a vote example, this Congress has unani- this House are being given our first op- on a major tax cut when this House has mously agreed that we should no portunity to offer our input into the yet to follow established procedure longer spend the Social Security and priorities for our national budget on under the Budget Act, and try to come Medicare surpluses for anything other behalf of the people we represent, we to grips with a budget prior to acting than Social Security and Medicare. are being asked to vote on a major por- on tax cuts. That takes some of this estimated fu- tion of the President’s budget. Frankly, no American household and ture surplus off the table. Now, we object to that very strongly, no business in this country would dare Mr. Speaker, most of the Members of and I will conclude my remarks by say- suggest that that is the right way to Congress believe that we need to ing I was here in 1981. I was one of the proceed, because at your house and strengthen national defense. There are Democrats that helped pass the Reagan mine and in your business and mine, some that support a national missile revolution. Knowing what I knew then, the first thing we always know we are defense system. There are some in this knowing what I know now, I would supposed to do is to establish a budget House who share our views that edu- have voted the same way then based on first. And until you have established a cation should be strengthened and to what I knew then, but that is why I budget, you do not know how much you do that may require us to put some ad- will be opposing this action tomorrow can spend on that remodeling of that ditional money into public education. with every ounce of strength at my dis- new sun porch on the back of your There is a vast array of competing pri- posal, because I believe it to be wrong. house. You do not how much you can orities. Mr. Speaker, I believe that we are in spend on that summer vacation. You Most of us do not want to pass on the danger of going down the same path we do not how much you need to set aside national debt that was accumulated went down in the 1980s in which we in- for your children’s education. That is over 30 years of deficit spending to our creased our national debt by $4 trillion what a budget is all about. children so we would like to see the na- because we cut taxes first, but never This House of Representatives, con- tional debt paid down. All of these got around to restraining our spending. trary to the spirit of the Budget Act, competing goals will be considered We believe very strongly that we which requires this Congress to pass a when this Congress gets down to debat- should put in place a budget that re- concurrent budget resolution with the ing and determining what the budget of strains spending; that caps discre- Senate before we act on tax cuts is this Congress will be. Then we will tionary spending; that makes all of the going to bring a major tax cut to this know how big a tax cut we can afford. priority interests that a majority on floor tomorrow, apparently, solely to So we are going to work very hard all generate momentum for the Presi- both sides of the aisle can agree to, day tomorrow to continue to send the dent’s $1.6 trillion tax cut. then we should proceed with a tax cut, message to this House that it is a budg- Why are they doing it? I am not sure. et first that we need to adopt, then let and it is a part and a component there- The truth of the matter is, the Senate of. has already let it be known, as the Ma- us vote on the biggest tax cut that that No matter how my colleagues color jority Leader of the Senate, that the budget will allow. it, we will hear tomorrow, we will hear, We also understand that it is very Senate will adopt a budget prior to act- we heard today, people saying it was dangerous to be basing these big tax ing on tax cuts. the Congress that spent the money. cuts on these 10-year projections of I got a fax today from a fine gen- b 2145 what the surplus may be. The Presi- tleman out in Nevada that says, it is So frankly, we believe as Blue Dog dent suggested in his State of the great. We heard you. You ought to have Democrats committed to fiscally re- Union speech the other night that the a budget first. It makes sense to the sponsible policies that this House, too, American people have been over- American people, but the reason tax should have a budget prior to a tax cut. charged and they are due a refund. cuts must be passed hastily is because The Blue Dog Democrats as a group, Well, that sounds pretty good. The waiting for a budget to pass would give the 33 members, voted unanimously to truth of the matter is none of us have you and your cohorts the opportunity call for this House to act on a budget been overcharged yet because the sur- to spend enough money to reduce or re- first prior to taking votes on any tax plus we are talking about trying to move the tax cut. cut. We have advocated from the begin- give back to the American people has Let me remind this gentleman, this ning that we can afford a tax cut and not arrived yet. It is projected to ar- body is now in the control of the Re- we want the biggest tax cut possible, rive under certain assumptions over publican Party. The Senate is in the but we do not know how big it should the next 10 years. control of the Republican Party, and be until we first have the debate and Those assumptions can be ques- the White House is in control of the have the votes on a budget. tioned. The economic projections may Republican Party. Therefore, anyone Now we all know that the President not turn out to be true. It presumes that fears that spending is going to get says that his tax cut will fit within his about a 3 percent annual growth rate in out of control means that the majority budget. He says we are going to cut the gross domestic product. We heard is going to get out of control, and I do spending so that it grows no more than Alan Greenspan the other day testify not believe that for a moment, but 4 percent a year. Senator DOMENICI said before Congress that at the present seemingly you do. That is the message the other day that he thought that was time the national growth rate is zero. I you are sending to the American peo- a little bit tight, he would suggest per- suppose if the national growth rate ple. haps 6 percent irrespective of what the stays at zero for a few more months, I repeat, we are for significant tax President said is his goal. We all know the Congressional Budget Office will cuts, but as my colleagues will hear to- that at the end of the day, it is what need to go back to the calculator and night, this much ballyhooed $5.6 tril- the Congress votes collectively to sup- recalculate the estimated surplus be- lion surplus is not real. It is not real. port and the President signs that be- cause they based it on some assump- My colleagues will hear some facts comes the fiscal policy and the budget tions that may not turn out to be true. from the gentleman from Mississippi of this country. The bottom line is this: We want a (Mr. TAYLOR), and I hope my colleagues So we believe that the right thing to tax cut as big as we can afford, but we listen carefully. do is to have that debate, talk about also want to save Social Security and H724 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Medicare for the retired baby boomers not know, and we do not know because There is a way to do it. The way to when we know significant strains will we do not have a budget, we do not do it is to spend Social Security sur- occur on both of those systems. We have a spending plan. We have abso- pluses. Social Security is a solemn want to pay down the national debt lutely no way to judge this tax cut. promise we made to senior citizens. In rather than pass that debt on to our We do have the opportunity to look my district in Texas, I have many sen- children. We want to be sure that we at the numbers proposed by CBO and ior citizens. In fact, I have the highest get the benefits of a lower national by the administration. And let us look median age of any district in Texas. debt which will result in lower interest at that for just a moment and see Social Security is the one program rates which in many ways is equally as where we are. The CBO 10-year baseline that the government has enacted that good as a tax cut because it puts surplus is $5.644 trillion. has had the most effect of our senior money in the back pockets of every When you take off the Social Secu- citizens and has pulled more senior American who is trying to get a home rity surplus and the Medicare surplus, citizens out of poverty than any other mortgage, trying to buy a car, trying that is $2.5 trillion and $0.4 trillion. action in the history of the United to borrow money to send their kids to That is an available on-budget surplus States of America. How can we tell college, trying to borrow money to ex- of $2.7 trillion, and I think it is impor- them that we are going to spend that pand their business. tant that we make a distinction be- money that was accumulated from a Lower interest rates will come, ac- tween the available on-line budget sur- lifetime of work, how can we tell them cording to all economists who have plus, $2.7 trillion, versus the 10-year that we are going to spend that money spoken on this issue, if we pay down baseline surplus of $5.644 trillion. with tax cuts now. the national debt. I would say to you if Now, let us look at the true cost of Tomorrow we are going to talk about you owe $100,000 on your home mort- the Bush tax cut. The estimate of rev- across-the-board tax cuts. Let us talk about what that means. Across the gage, if we could reduce interest rates enue lost from the basic tax package board. That seems to indicate that ev- 2 percent which is what some econo- by the administration is $1.6 trillion. erybody shares. It is across the board. mists estimate would happen if we paid The cost of making the provisions ret- Everybody gets the benefit. Is that down the national debt over the next 10 roactive to 2001 is $100 billion. The cost of interference from the AMT tax, $300 what it is? Absolutely not. years, that would mean $2,000 in inter- Most people would be surprised to est savings to you. That is a bigger tax billion; cost of extending expiring tax credits, $100 billion; promised tax cuts hear that across the board does not in- break than any of these tax cuts which clude them. If people at home today are being talked about would give an not in the plan, $100 billion; additional interest payments on the public debt, looked to their left, their right, in average American family. front of them and behind them, called $400 billion. The total cost of keeping We have a lot to discuss and a lot of their friends on the phone, they are not the President’s tax promises, all of the priorities to put on the table, and it is going to find anybody that benefits promises made thus far, the total cost going to be the collective judgment of from across-the-board tax cuts because this Congress when they vote on a is $2.6 trillion. This means that nearly the entire 10- the truth is that 44.3 percent of the budget that determines the balancing cuts go to the richest 1 percent of the of those priorities and until we have year projected surplus will be used up by the administration’s tax cut. Now, people. Everyone does not share in this that budget, we really cannot say with tax cut. Very, very few do. it is important that we notice that any certainty how big a tax cut we can Now, what is the best tax cut we can that is a projected surplus over 10 afford. afford. What is the best thing we can That is our message and we believe years. This is not money that we have do for the American people? We can the American people understand the in hand. We do not have a surplus of pay down the debt in this country. We importance of fiscal responsibility. cash in hand. This is money that is pro- have a balanced budget, but that They understand the importance of jected to increase over a 10-year period. means that our income matches our Where, oh where is the budget. We strengthening national defense, pre- out-go for this year. The best tax cut were promised that we would have a serving Medicare and Social Security, for America is to reduce interest rates. being sure that we pay down the debt budget prior to voting on tax relief. The way to reduce interest rates is to and do not pass it on to our children. Also the rules require it. For some rea- pay down the debt. We want to be sure if today we pass a son the United States House of Rep- The Blue Dogs have a very good plan, tax cut, it does not mean that our chil- resentatives is not going to follow the a simple plan. We say take Social Se- dren are going to end up paying for it rules. I thought we got over the tech- curity completely off budget. Do not tomorrow. nicalities and our friends on the other consider that in our financial sheets, That is fiscal responsibility, that is side of the aisle last year, talking do not spend that money. Take it off what the Blue Dog Democrats, the 33 about legal technicalities, now seem to budget. Take the remaining operating members of our coalition have worked be in support of that. It is totally irre- surplus, take 50 percent of that and im- for since the inception of the Blue Dog sponsible to enact these tax cuts at the mediately put it on the debt of the coalition. I am proud to be here to- present time without a budget because country. Pay down our debt just like night with my colleagues who work for how can we address Medicare and the our farmers and families and busi- fiscal responsibility. problem of Medicare as the baby nesses do. Pay our debt. Take the in- Mr. STENHOLM. I yield to the gen- boomers retire and go on Social Secu- terest that we save by paying our debt, tleman from Texas (Mr. SANDLIN). rity and qualify for Medicare pay- and put that into Medicare and Social Mr. SANDLIN. Mr. Speaker, I want ments? What are we going to do in Security and make sure that we keep to commend the gentleman from Texas America for prescription drugs. How our commitments. Take the other half (Mr. STENHOLM) for the fine work that can we look our seniors in the eye and of the surplus, use 25 percent for tax he has done on this issue and for lead- tell them we passed massive tax cuts cuts, we can do that. We can look at es- ing the Blue Dogs and for his com- and now that you need relief, we have tate tax and the marriage penalty and ments tonight, along with the gen- spent the money? How can we tell the capital gains; we can look at the rates. tleman from Texas (Mr. TURNER). They farmers facing drought, facing ice We want to take 25 percent and give have done such an excellent job, there storms, we cannot help you, we spent the American people a tax cut. They is very little left to speak about. the money? deserve it; we can afford it. Then take The Blue Dogs believe that the Amer- How can we tell our children in edu- 25 percent and apply in priorities such ican people are entitled to a tax cut. cation, how can we tell our children, as agriculture, education, prescription We believe that we can afford a tax cut, we cannot close the digital divide, we drugs, things that we know we must in- and we support tax cuts for the Amer- cannot have smaller classrooms, we vest in in this country. That is the fis- ican people. cannot modernize our schools, we can- cally responsible thing to do. The question is the $1.6 trillion tax not help with education, you know The Blue Dogs are committed to a 50– cut proposed by the administration too why, we spent all of the money because 25–25 plan, and we have seen some much. On the other hand, is it too lit- the administration tax plan uses up the movement in the U.S. Congress toward tle? Could it be just right? We just do entire 10-year projected surpluses? that plan. Let us be responsible. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H725 Please, Mr. President; please, admin- There is no $5 trillion surplus. What House. That is why House Members run istration; please, our friends on the we have in this Nation is a for the Senate. Senators never run for other side of the aisle, send us a budg- $5,735,859,380,573.98 debt. That is as of the House. It is just understood. So et. Let us know what we are working the end of last month. We hear from so they controlled the White House, which with. Do not ask us to cut a revenue many of our colleagues that the debt is is two-thirds, because a veto is worth stream when we do not know what we being paid down; the debt is being paid two-thirds vote in both Houses. They are going to spend our money on. Let down. I think the President even said controlled the Senate, which is where us operate like every family farm in it. But the truth of the matter is that the real power is, and that is why ev- America, like every business. the total debt outstanding, as of Sep- eryone runs for the Senate, not for the b 2200 tember 30 of the year 2000, just 5 House. Yet somehow the Democratic months ago, the last day of the last fis- House gets blamed for these things. Everyone has to know what their cal year, was $5,674,178,209,886.86. That During that time they raised taxes budget is before they determine what means that the debt, just since Sep- on Social Security and they raised their expenses will be and what their tember 30 of last year, has increased by taxes on Medicare for the average revenue stream is. working Joe by 15 percent. Fifteen per- Herbert Hoover, he of fiscal fame, $61,681,170,680.12 cents. That is the reality that the President cent. Big guys got a tax break, because once said, ‘‘Blessed are the young, for did not mention in his State of the income taxes, which is what came out they shall inherit the national debt.’’ Union address. That is the reality that of their paycheck, went down. The lit- We do not need another Herbert Hoo- my friends who talk about projected tle guys, like the folks I represent in ver. We refuse to be Herbert Hoovers on Mississippi, their taxes went up. It is this side of the aisle. We need to pay surpluses choose to ignore. Because the even worse. Because if one of those lit- down the national debt and keep a fis- reality is this Nation is horribly in tle guys happened to be self-employed, cally responsible financial policy in debt, and almost all of this debt has oc- if he was a pulpwood hauler, if he was this country. curred in our lifetime. Our Nation was So our message is clear from the Blue less than $1 trillion in debt when the a shrimper, if he was an oysterman, if Dogs: we support tax cuts. We can sup- vaunted Reagan tax cuts took place. he was his own boss and his own em- port many of the tax cuts proposed by They talked about how it grew the ployee, his taxes on Social Security the administration, but we can only economy and the Nation was so much and Medicare went up by 33 percent. support those tax cuts after we receive better for it. Well, if the Nation was so That was due to the Reagan tax in- a blueprint for spending, a budget for much better for it, why were we twice creases, with a Democratic House and a the United States of America. Let us as deep in debt at the end of the Republican Senate. It is only fair we follow the rules set in the United Reagan administration as when we point this out. States House of Representatives. Let started? It gets worse. One of the guys who is us get a budget. And when we get a Who do we owe this money to? A lot talking about this big surplus and, budget, we will work with the adminis- is owed to banks. A third is owed to therefore, we can have a tax break, is tration, work with our friends on the foreign lending institutions. But let me none other than Alan Greenspan. Alan other side of the aisle, we will get tax tell my colleagues the real kicker, be- Greenspan was the chairman of the relief for America and have a fiscally cause this involves every single person commission that came up with this responsible policy. listening tonight if they have ever plan in 1983, to take money out of peo- ple’s paychecks with the promise it GENERAL LEAVE worked in their life, or if their spouse Mr. STENHOLM. Mr. Speaker, I ask has worked. Our Nation owes the citi- would be set aside, and he knows it was unanimous consent that all Members zens of the United States who have in- not. Now he is telling us we have all may have 5 legislative days within vested their hard-earned money into kinds of money for tax breaks. Mr. which to revise and extend their re- the Social Security Trust Fund $1.7 Greenspan’s statement in 1983 does not marks on the topic of this special trillion. match his statement today. I wish he order. The lockbox that so many of my would come to the House floor and tell The SPEAKER pro tempore (Mr. friends talk about, that they are so me which one is the truth. GRAVES). Is there objection to the re- proud that they voted for, if we were to It gets even worse than that. Back quest of the gentleman from Texas? open that lockbox that allegedly pro- then they recognized that we have a There was no objection. tects our Social Security, all we would changing demographic system in our Mr. STENHOLM. Mr. Speaker, I now find in it is a slip of paper that says, country. We are getting old. I am one yield to the gentleman from Mis- ‘‘We owe you $1.7 trillion.’’ There is not of them. We used to have, when my dad sissippi (Mr. TAYLOR). A lot of talk to- a dime in it. It has all been spent on was a teenager, about 19 working peo- night has already been made about sur- other things to disguise the true na- ple for every one retiree. By the 1950s, pluses, debt and deficits. I hope every- ture of the debt. it had dropped to about 10 working one will pay particular attention to the We hear a lot about the Medicare Americans for every one retiree. To- facts about to be presented by the gen- Trust Fund. And again Congress has night it is about three working Ameri- tleman from Mississippi. voted repeatedly for a lockbox. We cans for every one retiree. In just a few Mr. TAYLOR of Mississippi. Mr. have a lockbox so we are protected. If years it will be two working Americans Speaker, I want to thank the gen- we were to open that box up we would for every retiree. So in the 1980s they tleman for this opportunity, and I want find a piece of paper that says, ‘‘I owe told the American people that they to invite my Republican friends to join you $229.2 billion. That is right now. were going to start taking money out this debate. I think it is important That is today. That is money that was of things like Social Security, like that some of the statements that have taken out of paychecks with a promise Medicare and, yes, the military budget been made this week, this year, about that it would be set aside to pay for to fund future benefits. this large surplus be addressed tonight. benefits when the time came to pay for They told the guys in the military In fact, tonight I have the greatest of them. back then, we are going to start taking medical respect for one of my col- Incidentally, this was done during a percentage of the budget every year leagues, who is a doctor, the gentleman the Reagan Presidency. In the first and we will set it aside and we will from Iowa (Mr. GANSKE). I have actu- year of the Reagan Presidency they cut lock it up, and they said it would be ally changed my vote on the House income taxes, much like we are talking there to pay for their retirement. So if floor a couple of times on medical mat- about doing tomorrow, at three dif- there was a lockbox, which I have ters based on conversations with him. ferent times during the Reagan Presi- never heard the President talk about But the gentleman from Iowa said dency, with a Republican Senate and a for the military trust fund, and if those something tonight that is totally out Democratic House. We keep hearing it retirees could open it up, they would of line. He spoke about a $5 trillion sur- was the Democrats that did this. They find another piece of paper. What we plus. I heard it with my own ears. So if had the White House and they had the are going to tell those guys who de- I heard him wrong, I would invite him Senate. And of course everyone knows fended this Nation in World War II, to please come correct me. the Senate is more powerful than the who defended this Nation in Korea, H726 CONGRESSIONAL RECORD — HOUSE March 7, 2001 who defended this Nation in Vietnam, lion. But it gets even worse than that. concerned with tax breaks than with in Desert Storm, and all the wars since Because if we really take a good look paying our bills. What the shame about then and all the wars that will be? at that $8 billion, we can discover that that is, think of the guys who died on There is an IOU in there for $163.5 bil- one of the tricks the Republican Con- the beaches of Normandy. Think about lion. It is an IOU. gress played was to delay the pay of every generation of Americans, from There is not one penny in that fund. the troops from September 29, which the horrible things that happened to Although all these years, since the they would have gotten it under nor- the men who signed the Declaration of early 1980s, funds have been taken out mal circumstances for many, many Independence, to the kids who died in of the Department of Defense budget years in the past, to October 1. Vietnam, to the kids who died just this that could have gone for new ships, Everybody knows Congressmen make weekend, the National Guardsmen could have gone for new planes, could big money. I am one of them. If my pay down in Georgia. Do you know what have gone for better housing, and could gets delayed by a couple of days, I will the difference between us and all those have gone for better pay. The promise do okay. I will figure it is not that big other generations is? If we continue was made that we would take this a deal. But if I was an E4 with two down this path, we will be the first money and set it aside. It is not there. kids, and my pay was delayed from a generation of Americans ever to leave All there is right now is an IOU. Friday to a Monday, that means a the Nation worse than we found it, be- How about the folks who work for us? weekend of scrounging around in the cause we have done the easy thing I am proud of the opportunity to be a couch looking for pennies and nickles every time rather than the right thing. Congressman. I am incredibly proud to get enough money for baby formula I as a father have taken the steps to that I have had the opportunity to or for diapers, because they are living see to it that my kids do not inherit make things better. We put together hand to mouth. It is estimated that my debts. Do you not think that it is budgets, we make laws, but the day-to- anywhere from 6,000 to 13,000 of them time that our Nation takes the step to day function of the government is ac- are eligible for food stamps. So what see to it that our kids do not inherit tually handled by all those Federal em- does the Republican Congress do to tell this generation’s debts? I think the op- ployees out there that make things those folks we appreciate them? Well, portunity to start is tomorrow. That is work. We collect money out of their they became the only people in the why I laud what the Blue Dogs are paychecks with the promise that it will Federal Government whose pay was de- doing. That is why I laud what those be there for their retirement pay. Same layed. Not Federal employees, not Con- conservative Republicans who really do story. Happened in the 1980s. Because gress, just the military. care about debt reduction are going to we recognized we have changing demo- Why did they do it? Because that pay do tomorrow. graphics, so we had better collect the period moved from the last fiscal year Mr. TURNER. Mr. Speaker, I want to money now, while we have a fairly to this fiscal year. We did not save a say that the gentleman from Mis- large workforce and a fairly small dime, but that $2.5 billion pay period sissippi has made a very excellent pres- number of retirees, and set it aside for went from September to October, and entation and probably revealed the the year 2035 when we are down to al- it made that $8 trillion surplus look a best kept secret in Washington, and most one to one workers-to-retirees. little bigger. Because when we pull that is that there are no trust funds. So since the early 1980s, they have that $2.5 billion out, it is only a $5.5 Most folks think that in business, pulled $501.7 billion out of Federal em- billion surplus. where if you have a pension fund, there ployees’ paychecks, all these nice peo- Now, if I found that one trick, what is some money sitting over there earn- ple here tonight, all those Capitol po- if I really had the time to study the ing some interest and invested in some licemen guarding us, all those folks budget and find all the other tricks? I good investments, earning interest and working for NASA and the agencies think I could tell the American people earnings for the folks that are going to that are out there trying to make our that there was not a surplus. But let us be drawing on that pension fund some- lives better. They have pulled that out say there was an $8 billion surplus. day. But in Washington there is no So- of their paychecks with the promise What does that mean compared to this cial Security Trust Fund, there no gov- they were going to set it aside and it cumulative debt? Eight billion dollars, ernment retirees’ trust fund, there is would be there for their retirement. compared to this, is like a fellow who, no military retirees’ trust fund, there But if we were to open that bank ac- after 30 years, finally breaks even at is no Medicare Trust Fund. It is a pay- count tonight, we would find an IOU the end of one year. He has $1,000 left as-you-go system. for $501.7 billion. How can the Presi- over, and he says, My, God, let us go Mr. TAYLOR of Mississippi. Despite dent, how can the majority leader, the have a good time, totally ignoring the the promises made by Ronald Reagan Speaker of the House say there is a fact that he is $686,000 in cumulative and Alan Greenspan in the 1980s when surplus? How, with a straight face, do debt. That is what the ratio is. they raised individual taxes by 15 per- they look the American people in the So I have a real simple question for cent on working Americans to pay for eye and say there is a surplus when the President, a real simple question these things. The gentleman is exactly this is our true debt? for Mr. Greenspan, who again was in- right. If I may, and I know everyone A lot was made of the surplus last volved in raising Social Security taxes else wants to speak so I am going to be year. Everyone said about a $239 billion and Medicare taxes, and who now says real quick. It is even worse than that, surplus. But if we take the time to we have all this money left over de- because in their attempts to disguise look where it was, it was in things like spite this huge deficit. If they believe the true nature of the public debt, money collected from Social Security, what they say, about we can do it after within 8 days of the Bush administra- money collected from Medicare, money the trust funds, why do they not en- tion taking over the running of this collected from the military retirees, dorse the amendment I offered in the country, a report that had been coming from our Federal employees, from the Committee on Rules today, which says out monthly for decades called the highway system, and the airline sys- we can only have these tax breaks in Monthly Statement of the Public Debt tem. All the times when we told people years when we fulfill the financial obli- of the U.S. right here that shows that we were going to take this money out gations to Social Security, to Medi- our Nation was over $5.7 trillion in of their airline ticket, out of their fuel care, to our military retirees, and to debt. Within 8 days of the President taxes and their paychecks and we were our civilian employees? taking over, they changed the name. It going to set it aside, and they trusted is no longer the Statement of Public us to spend it on those things that we b 2215 Debt, it is the Statement of Treasury told them we would, that is only sur- If you really think the money is out Securities. plus. there and you are sincere about those Most of us are from the South. Most When we take those monies aside things, I will give you the chance to of us know what coffee houses and that are collected for a specific purpose call a press conference tomorrow morn- truck stops are like. We all could imag- and promised for a specific purpose, it ing and say, ‘‘Yep, there’s enough ine going into one in Texas or one in was an $8 billion surplus left over. money to do it.’’ I do not think you Mississippi or Alabama or Arkansas Eight billion. Not $230 billion, $8 bil- will. Because I think they are more and going up to one of those guys and March 7, 2001 CONGRESSIONAL RECORD — HOUSE H727 saying, ‘‘How would you like some pub- find out that it does not even exist. Yet ing about the same situation in each of lic debt?’’ I think everybody would say, we are going to vote tomorrow without those 16 States, where there were pro- ‘‘No, thanks, I don’t want any.’’ But if even having a plan as to how we are jected revenues, there were shortfalls you asked most of the guys we know if going to accomplish these things. and they were having problems funding they would like some Treasury securi- As the gentleman from Mississippi vital services in each of those States. ties, there is a pretty doggone good just so adequately pointed out, the sur- What we are talking about here is a chance that they would say, ‘‘Yeah, I’d plus is projected just like we project Congressional Budget Office projected like some. That sounds like a good the weather. The debt is real. It really surplus of $5.6 trillion over 10 years. deal.’’ It is all part of the scam. I re- exists. We can count it to the penny. I And President Bush is now saying we sent it as an American. I hope every am proud to be a Blue Dog. There are have enough to fund a $1.6 trillion tax American resents this. I hope they re- only 33 of us. But we stand strong and cut. Yesterday afternoon I got a call sent the fact that the Social Security we stand tough against making bad fis- from the Director of the Office of Man- Trust Fund has been plundered, that cal decisions and irresponsible fiscal agement and Budget, Mitch Daniels. the Medicare Trust Fund has been decisions. I think we all want to have Mr. Daniels said to me, ‘‘Congressman, plundered, that the military retire- as large a tax cut as we possibly can af- can you be with us on this tax cut?’’ I ment trust system has been plundered ford. But none of us want to buy lot- suspect prior to the time he called me and that the Federal employees’ retire- tery tickets with our children’s future. he knew that I had voted last year for ment system has been plundered. And I In the last paragraph of the Declara- estate tax relief and for marriage pen- do not think we ought to be doing any- tion of Independence, the last thing alty tax relief. thing until we pay those systems back. that is there before the men signed it, I said, ‘‘I want to be direct with Mr. STENHOLM. I thank the gen- and they all knew they were putting you.’’ tleman from Mississippi for those re- their lives on the line when they signed He said, ‘‘Please do.’’ marks. I will guarantee that that will it, they said that they pledged their I said, ‘‘I have a couple of concerns not be the last time that this House lives, their fortunes, and their sacred about this tax cut and projected sur- will hear it this week, next week and honor to the future of this country and pluses.’’ I said, ‘‘Number one, there is the week after that. And I hope that to that declaration. I would challenge not a budget. And I think we should the leadership of this Congress will pay the Members of this Congress today to have a budget before we implement or attention to the gentleman from Mis- stand strong as those men did and do enact a new tax cut.’’ This is last Sun- sissippi, because he has in fact taken the right thing for the children of this day. I said, ‘‘Number two, I’m going to the real heart of the argument that we country and the future of this country. Washington on Monday so I can vote Blue Dogs are making tonight and that Mr. STENHOLM. Mr. Speaker, I yield on this tax cut bill.’’ And I said that I we will take to the floor tomorrow. to the gentleman from Kansas (Mr. was watching the weather last night Mr. Speaker, I yield to the gentleman MOORE), the cochair of the Blue Dog and they were projecting in Wash- from Arkansas. Budget Task Force. ington, D.C., a 12-inch snow. I was very Mr. BERRY. I thank the gentleman Mr. MOORE. Mr. Speaker, about 3 concerned with that projection that I from Texas for yielding. I want to weeks ago I was invited along with 19 might not make it back to Washington thank him and the gentleman from other Members of the House and five for the tax vote. As it turned out, the Mississippi and all the other Blue Dogs United States Senators to the White projection, only 24 hours in advance, for their leadership in this matter. House to meet with President Bush and was very wrong and there was no snow I think it is quite obvious, Mr. Vice President CHENEY. This was a to speak of. And now we are talking Speaker, that the Blue Dogs are in chance for President Bush to talk to us about projections on economic condi- favor of cutting taxes but we are not in about his proposed $1.6 trillion tax cut tions 5 and 10 years out. And if a pro- favor of buying lottery tickets with and try to hear from us about our jection for a weather forecast can be our children’s future. We think we views on this tax cut and to find out that wrong, 12 inches wrong in only 24 should have a budget first. If you took where the Congress might stand. When hours, think what can happen to eco- the financial condition of this country, it was my turn to speak to President nomic and financial projections 5 and as the gentleman from Mississippi just Bush, I said to him, ‘‘Mr. President, I 10 years out. so adequately pointed out, and a finan- know that you know Governor Bill The people in Kansas and the people cial plan that we have today, that this Graves of Kansas. I’m from Kansas.’’ around this country I think live by country has to a banker, any banker in He said, ‘‘Yes, he’s a friend of mine.’’ three very simple rules, they are not the United States or anyplace else I said that I read an interview with written down, they are just common where there is a responsible banker, Governor Graves in the Associated sense and people know innately and un- they would just throw you out of their Press about a week before I came to derstand these rules. Number one, office. They would either declare you the White House and that Governor don’t spend more money than you crazy or tell you to get out because Graves I thought was very candid in make. Number two, pay off your debt; they have got better things to do. talking to the reporter and he was and, number three, invest in basic Throughout the campaign, in the talking about tax cuts and revenue needs in the future. The basic needs for State of the Union, for the last year, shortfalls and education funding in the a family are food and shelter and this House has been putting the Social State of Kansas. The governor said dur- health care and education and trans- Security and Medicare Trust Funds in ing this interview, when he was talking portation. The basic needs for a Nation a lockbox. Ever since I have been here, about tax cuts that had happened in are national defense and Social Secu- we have been talking about that. We Kansas about the last 3 or 4 years, ‘‘If rity and Medicare, and a highway sys- have been talking about paying off the I had known then what I know now, I tem, things of that nature that we all debt. We have promised the American would have done some things dif- would agree on. And people out in the people that we are going to protect our ferently.’’ He is not here right now but country wonder why Congress cannot children, we are going to protect Social if he were here, I think he would say learn to live by the same budgeting and Security, we are going to protect Medi- that I am accurately representing what financial rules that American families care, we are going to provide a pre- he said. Basically what he was saying do. We have the opportunity for the scription drug benefit for our seniors, was, ‘‘We cut taxes too much and now first time in a whole generation, after we are going to provide a good edu- we’re having great difficulty in Kansas 30 years of deficit spending, to do the cation for our children, we are going to in trying to come up with the money to right financial and fiscal thing, the provide for a good national defense, we fund education.’’ right thing fiscally for our country, are going to have a solid agriculture In fact that very morning on the and, that is to live within our means that has a good safety net. And we are front page of the New York Times, and and to start to pay down our national going to have these lockboxes. Over I showed a copy to President Bush, debt. and over we talk about the lockboxes there was an article that mentioned They have already told you, some of and over and over we vote to put this Kansas by name and 15 other States the other speakers here this evening, money in the lockboxes. And now we and the governors were meeting talk- about the benefits. But one that they H728 CONGRESSIONAL RECORD — HOUSE March 7, 2001 did not mention is this. In 1999, the have will increase unnecessarily by we have an adequate educational sys- third largest category of expenditure $8,000. tem? Will we pay down the national by our United States Government after Where I come from, as the gentleman debt? These questions we do not have defense and Social Security was inter- from Kansas (Mr. MOORE) said awhile an answer for. Now, why is that? Why est on the national debt, $230 billion. If ago, one of the things we think about is that that we can say with absolute we start to do the right thing, we can in Tennessee is do not spend more certainty right now we can have a mas- pay down that figure and we can reduce money than you make but pay your sive tax cut but we cannot say whether that figure and live within our means. debts. If you have some extra money Social Security will continue? We can- I think we should do that, Mr. Speaker, coming in and you owe somebody, you not say whether Medicare will be sol- for our children. We have placed a $5.7 do not go buy a new car and leave that vent? What does this say about our pri- trillion mortgage on their future. We somebody that you owe still waiting orities as a nation? It says we do not owe it to them. for their money. You go and pay them put Social Security first. We do not put Mr. STENHOLM. Mr. Speaker, I yield because that is the thing to do. Medicare first. We do not put the needs to the gentleman from Tennessee. If we do not keep our eye on the ball of our children first. Mr. TANNER. Mr. Speaker, I want to and continue to pay down this debt, Now, why is this? Why are we going thank the gentleman from Texas and then I will be ashamed to say, but I forward with no budget? Why are we the other Members who have been here will have to admit, that I was one of going forward with a bill that could tonight to talk about this. We have the first generations of Americans who have a major impact in this country heard a lot of talk about the fact that left this country worse than when we for 25 years with no budget? Why is it we think we need a budget first and we found it. so important that we act on this right say that because, as one of the speak- We do not know what it is going to now? Well, the argument that is made ers said, that is the only way you have do to national defense. There are some is that we need to spur the economy a business plan for the country, it is defense needs in this country that all right now. Well, let us set aside the the only way you have a budget for a of us know about, not the least of fact that even Alan Greenspan says family, is to put this in some sem- which is our obligation to the military that the use of fiscal policy in the form blance of order. But the real question retirees, our obligation to the men and of tax cuts does little to affect the im- is why do we say we need a budget, a women who are giving us their produc- mediate condition of the economy. Let universe within which to work on these tive years that are in the uniform serv- us say that we agreed with that philos- competing interests, whether it be pay- ice of this country. They need more ophy. Why does that mean that we ing down debt, tax cuts, increased pay allowances. We need to modernize take action on a bill right now that spending for the military. The reason their equipment. will affect us in 5 to 10 years? If we are that we do is because we want to do the Agriculture, a nation that cannot concerned about spurring the economy right thing for the children of this feed and clothe themselves internally now, let us do something to spur the country in terms of fiscal discipline. is at risk to whatever extent that food economy now. Let us not make a deci- As the gentleman from Mississippi supply is interrupted. Agriculture is sion about expenditures 5 to 10 years said, if we do not get a handle on this truly a national security concern. So from now that will have no effect on now, we will be the first generations of when people say well, all you guys are today’s economy. Americans to actually leave this coun- doing down here is whining about the No, we are taking action right now try worse than when we found it. fact that you are not in the process, on a bill that will have an effect on the So why do we say we need a budget that this process has left you behind next generation. We are doing it with- first? First of all, we want to protect and you are whining about it. Well, let out a budget in place. We are doing it the trust funds that the gentleman me just say this: The process that we on the basis of projections we know are from Mississippi talked about. Those put in place with the Budget Act and incredibly speculative. We are doing it are solemn promises and all we have to the process by which we govern our- at a time where the interest on the give to back them up right now are selves is the only thing that separates debt we pay every day is a billion dol- IOUs. The second thing we think we this country from a dictatorship or lars; a billion dollars a day we pay in ought to do and we must do is pay from communism or anything else. You interest on the national debt. down the national debt. Why is paying do not have to worry about process if No, we are going to ignore the prom- down the national debt important? you live in a dictatorship. You do not ises both parties made during the last There are 280 million people in this have to worry about process if you live campaign of paying off the debt by 2012 country. We have a total debt, accord- under communism. There is none. or 2013. That is out the window. We are ing to the government, of $5.7 trillion, Process is important, and that is why going to ignore the promises made by thereabouts. we are here to try to get some process both parties during the campaign of in place so that we can intelligently providing prescription drug benefits to b 2230 make some decisions, if that is pos- seniors. We are going to ignore our Of that, $3.4 trillion is publicly held sible, make some decisions that are promises to set aside Social Security debt. That means that each one of us going to leave this country better, not and Medicare. No, we are going to pass owe $12,140 apiece, per person. That worse, than when we leave here. this bill right now and then we are means for a family of four that is going Mr. STENHOLM. Mr. Speaker, for going to worry later to see if we can af- to get this $1,600 in 5 years that they our cleanup hitter for tonight, one of ford it. have talked so much about, that means our newer Blue Dogs from California, Now I am just a freshman in this in- their share of the public debt is $48,600. fastly becoming one of the leaders for a stitution, but even a freshman can see Now, Mr. Speaker, that just includes fiscally conservative budget, the gen- this is no way to budget for a nation or the publicly held debt of $3.4 trillion. If tleman from California (Mr. SCHIFF). a family. In families across America, one adds the other debt, the Social Se- Mr. SCHIFF. Mr. Speaker, this year people have very basic principles: Pay curity debt and the things the gen- we will have a large tax cut. We will your bills; live within your means; pro- tleman from Mississippi (Mr. TAYLOR) have a large tax cut that provides tax vide for your family’s future; provide talked about, we have a $20,300 per per- relief to every taxpayer, that addresses for your country’s future. This process son debt on our head when we are born estate and marriage penalties as well. does not meet that very basic standard. as American citizens. For a family of That we know for a certainty. The Let us have a budget first. Let us four, that is $82,000. question, of course, of how large and have a budget that we can be proud of, The proposal that has been put to us who will be the primary beneficiaries is not only today, tomorrow and this from the White House proposes $590 bil- as yet undetermined, but we know that year. Let us have a budget that we can lion less in debt reduction from now we will have the largest tax cut that be proud of 10 or 20 years from now, be- until 2005 during this President’s term we can afford. cause what we are doing this week, than present law provides. Do we know Will we have a solvent Social Secu- make no mistake, will affect this coun- what that means to a family of four? It rity system? Will we have Medicare try for the next quarter of a century. I means their share of this debt that we with a prescription drug benefit? Will do not want to look back on my period March 7, 2001 CONGRESSIONAL RECORD — HOUSE H729 in Congress and say that one of the wrong, then the worse thing that can happen Let us talk, first of all, about the first acts that we did when I entered is that we would have not reduced the debt by spy. I was very, very discouraged to the Congress was something that set the amount expected. In contrast, under the read probably at the end of last week this country back on the path of deficit President’s and Republican Leadership’s plan, that in the negotiations, if these nego- spending, increased national debt, that if the Congressional Budget Office is wrong, tiations take place, for a plea bargain we did the fiscally irresponsible thing. then we will very quickly have to use the So- with this spy, who sold out his country Let us have a budget first. cial Security and Medicare surplus to pay for and who sold out his country not with Mr. BOYD. Mr. Speaker, today we are going the tax cuts we enact today. one transaction but has been selling to set the course for the nation for the next My colleagues, we are gambling with our fu- out his country for many, many years, decade. The President is betting the farm on ture and our children’s future today. What the with secrets of substantial damage to a two trillion tax cut based on ten year eco- Republican leadership is forcing upon us is this country, that one of the items that nomic projections. I would like to talk to my wrong. No family or small business owner that is mentioned as kind of a dangle, some colleagues a little bit about these projections. I know would spend a huge chunk of his kind of incentive in front of this spy, is As we all know, these projections are pre- money without knowing what their budget to go ahead and let this spy, the ac- pared twice a year by the Congressional would be first. I urge you to reject this risky cused spy, to go ahead and let him keep Budget Office, once in January and once in plan and work with the Blue Dogs to develop his pension. July. In six short months the Congressional a budget first, which honestly addresses all of He is not yet entitled to his pension. Budget Office changed its ten year estimate of our common priorities and will provide the He was 5 weeks off from receiving his the surplus by one trillion dollars. largest tax cut we can afford. By developing a pension, this Hanssen guy. His pension While this is very good news for those who budget that balances substantial tax cuts with is going to be about $60,000 a year. want the largest possible tax cuts or new realistic spending levels and a serious commit- Now, to me, allowing this alleged spending programs based on the surplus, it ment to paying down the national debt, we will spy, and I keep using the word alleged troubles me greatly that we are prepared to be ensuring a strong economic future for our but I think the evidence is very clear risk the balanced budgets we have enjoyed country and our children. the situation we have, but we do have over the last four years on estimates which f a society that one is innocent until can change so drastically in a six month time THERE SHOULD BE NO DEAL FOR proven guilty, but the fact is that we frame. My concern is that what the Congres- THE ALLEGED SPY HANSSEN have American soldiers, in fact the sional Budget Office gives today, it can take gentleman from Mississippi (Mr. TAY- The SPEAKER pro tempore (Mr. away tomorrow. LOR) spoke earlier about some of the GRAVES). Under the Speaker’s an- If you look closer at the projections, it be- people who have given their lives in nounced policy of January 3, 2001, the comes even more problematic. Almost 70% of service to this country, and those peo- gentleman from Colorado (Mr. the 5.6 trillion dollar surplus does not mate- ple’s total life insurance policy does MCINNIS) is recognized for half the time rialize until after 2006. What will the economy remaining before midnight. not equal in many cases one year of look like in 2006? What problems will face our Mr. MCINNIS. Mr. Speaker, I am this alleged traitor’s pension of $60,000 nation in 2006 that need to be addressed? looking forward to addressing some of a year. It is fundamentally unfair, it is Will the 505 billion dollar surplus that is esti- the comments made here in the pre- unsound, for either the FBI or the Jus- mated for 2006 really be there? Saying this is vious moments. There are 10 or so of tice Department to consider as one of a certainty is like predicting what the weather my colleagues so I have plenty of stuff the terms of their plea negotiations to will be like five years from now. Allocating the that I would like to visit with in re- offer this alleged spy his pension that vast majority of the non Social Security sur- gards to that. First of all, though, he was 5 weeks away from collecting. plus for a tax cut in this situation is like betting there are a couple of other issues I Do not forget that while he was accu- the family farm on a roll of the dice. want to address this evening. One of mulating this pension, it was at the Even the Congressional Budget Office the issues regards the suspected spy very time he was selling our country warns about using its estimates, the same re- Hanssen who was arrested not very out to our enemies. He was selling port that projects a 5.6 trillion dollar budget long ago. Of course, all of us in these them out to Russia. He sold us out. So surplus also states, ‘‘The longer-term outlook Chambers know exactly what that he is being paid on the one hand and he is also unusually hard to discern at present. story is all about. is selling us out on the other hand, and Many commentators believe that major struc- I also wanted to talk next, move now as if we have not been bruised tural changes have created a ‘‘new economy,’’ from there, into the tax cut, the tax enough we have some people out there and that belief influences the economic projec- program. I intend fully to address some apparently discussing, well, let us go tions described in Chapter 2. However, CBO’s of the comments that have been made. ahead and let him have his pension. projections, like those of other forecasters, are I certainly plan to take exception with Granted, some people have said we based on very limited information about just a some of the doctrine of fear comments have sympathy for his family. His fam- few years’ increased growth of productivity made by the gentleman from California ily was not involved in the spying. I and strong investment in information tech- and so on, but if we have time I then agree with that. The family of this al- nology. Projections of those recent changes want to move from that into the death leged spy must be going through some as far as five or 10 years into the future are tax and address what some of the very horrible times. It is clear that the highly uncertain.’’ multibillionaires in their ad in the New evidence supports the fact that the This is why I believe it is important that we York Times said. I should point out family had no knowledge of what was treat the projected surplus as a projection, not that these people who signed that ad, going on with their father and this hus- reality. A possibility, not a guarantee. Because who support a death tax, who believe band. That fact, that sympathy aside, of the uncertainty surrounding the projected that death is a taxable event in this so- one does not reward, and I am sorry surplus, I have promoted a responsible plan ciety, those multibillionaires who about the circumstances to the family developed by the Blue Dog Coalition. Under signed that ad have already formed but that is the consequences of mis- our budget proposal, 50% of the projected their foundations. They have already behavior, one does not reward one of non-Social Security surplus is set aside for done their estate planning so that they the worst spies in the history of this debt reduction, 25% is set aside for tax cuts, do not feel the pain that all the rest of Nation by going ahead and saying we and 25% is set aside for priority spending like us are going to feel if we happen to fall are going to go ahead and give you education reform, strengthening our national in that bracket and we are not that $60,000 a year for the rest of your life defense, and a medicare prescription drug wealthy to provide for that kind of es- based on your service to the United plan. tate planning. States Government. This plan puts the emphasis where it should In my opinion, those people in that So if any of my colleagues here have be—on paying down our nation’s 5.7 trillion ad, not many Members on the floor, an opportunity to have a discussion dollar national debt. It also has the added ad- not my colleagues but those people in with either the Department of Justice vantage of a cushion if the surpluses do not that ad represent the height of hypoc- personnel or FBI personnel, I hope you materialize. 50% of the projected surplus is risy, and I hope that some have an op- bring this up about this pension. not allocated to new spending programs or tax portunity to read my comments that I Now let me move into some of the cuts, if the Congressional Budget Office is hope to get to this evening. comments that were made. First of all, H730 CONGRESSIONAL RECORD — HOUSE March 7, 2001 I take strong exception with the gen- further and future government spend- that we have to get that money to the tleman from California who introduces ing. It is our poor history, and I say reduction of the debt and not to the what I call a doctrine of fear. Let me ‘‘poor’’ as to many, many decades of spending. say that, first of all, the comments poor management. It is the poor his- I heard a lot of criticism about lock that were being made by the Blue tory of financial management that dol- boxes. That is our effort. When we Dogs, as they call themselves, many of lars here are not utilized to reduce the leave money around for Social Secu- those comments I thought were fun- debt if they are left laying around; rity, when we leave money around for damentally sound and there are a lot of they are utilized to increase govern- Medicare, that is our effort, of some- areas that I agreed with. I have a great ment spending. how trying to control future Con- deal of respect for the Members who Now, let me say to my colleagues gresses by saying, it is locked away have previously spoken, but I do not that that is not necessarily a weak from spending. The theory of what the think the approach to take is the ap- Congressman, and I say this generi- Blue Dogs have said this evening will proach of fear. cally, a weak Congressperson. It is not work if they can just figure out how to Let me give you a few quotes: This necessarily a weak Congressperson or a keep it from being spent on additional Congress does not put the need of chil- Congressperson who has evil in their government spending, and that is the dren first. Give me a break. Show me eyes to go out and spend this money difficulty. one Congressman, one Democrat Con- because it is sitting around. We are If I might say to the gentleman, let gressman, show me one Republican under intense pressure. Every one of me explain the situation that we are Congressman, that in their heart and my colleagues, every one of us on this in. I would be happy to yield to the their mind they intentionally do not floor is under intense pressure; and for gentleman under normal cir- put the children first. the freshmen that have just come cumstances; but unfortunately, be- In my career here in the United aboard, you wait until the pressure you cause I was granted my time after 10 States Congress, even with the Con- are going to see. o’clock, at 10:30, as the gentleman gressmen on the other side of the aisle Just today in my office, and, by the knows, I do not have a full hour, they that I have disagreed with the strong- way, it is not very often we have people split the hour, so my time is limited to est, I have never found a Congressman that come to our office with bad 45 minutes, so as I get towards the end who I felt did not care about children, projects; it is not very often that a de- of my comments, I would be happy to who did not want to put children first. cision is going to be real easy to say, yield to the gentleman, because I think To stand up here in front of Members that is a rotten project, why would we it is appropriate. But I do have a great and say we do not want to put children ever consider funding that. Most of the deal of information to cover. Mr. STENHOLM. Mr. Speaker, if the first, come on. That does not get us projects that come into our offices, in- gentleman would yield, we have the where we need to go. cluding the projects that come into my second 41 minutes and we will be glad Let me move on. Massive tax cut. office on a typical day like today, are to yield to the gentleman back on our Compare the so-called massive tax cut good projects. They are easy projects. time for any time that he needs. with tax cuts of the past, including We get a lot of pressure out of our dis- tricts to spend money on those Mr. MCINNIS. Mr. Speaker, what is with President Kennedy. the gentleman requesting for yield projects. Generally they are good Let me move on from there. Ignore time right now? projects and as the freshmen will find promises to seniors. To me, I take as Mr. STENHOLM. I thank the gen- strong an exception with that com- out, generally are decisions that are tleman for yielding. ment as I do ignore the children or do not going to be ones between good and Mr. MCINNIS. No, no, no, excuse me. not put the children first. It is a real bad programs, they are going to be de- I did not yield yet. I wanted to know good way to get people shaken up. It is cisions between good and good pro- what the request for yielding was. Do a good way to introduce the doctrine of grams. you want a minute or 3 minutes? What fear. It is a good way to put a lot of Today alone from my own district I are you asking for? scratch on the radar by saying we are had a group that came in and said, we Mr. STENHOLM. Mr. Speaker, I was ignoring seniors or we are not putting need $500,000 for the study of a flood- asking to make a comment regarding a children first. plain. Good expenditure. We had a flood statement that the gentleman just in- I think those are unfortunate com- last year. The space program, people ferred that the Blue Dogs were talking ments that are being made. who are in on the space program, I do about lock boxes, and I wanted to clar- Obviously, and properly so, the peo- not know how many billions they ify the spending. ple who spoke ahead of me had that wanted, but they certainly wanted Mr. MCINNIS. Mr. Speaker, I yield to hour unrebutted so they got to speak hundreds of billions of additional dol- the gentleman. for a whole hour unrebutted. So the lars, and they say, because you have a Mr. STENHOLM. I thank the gen- reason I am going through this is try- lot of good people in your district, Con- tleman for that. We support the lock ing to rebut some of those things, and gressman, that are dependent on the box concept. Our concern is that in the I intend to make a case and present my space industry, and we understand that President’s budget, he is going to be case on its own. the President wants to hold this spend- using some $500 billion of the Medicare Let me say that the fallacy of the ing down to 4 percent, but we need to lock box, Medicare tax set-asides for comments that I heard that were pre- go into space. Well, I do not necessarily purposes of which we request, and we viously given, again, I would agree disagree with that. I think space, when believe we agree with the gentleman on with the principle of these statements properly managed, that program over that. I just want to make sure that the if one condition was met, just one con- at NASA is an expenditure that is gentleman did not intentionally dition was met, and where the fallacy worthwhile, but that is hundreds of misspeak. We are not down-playing of these good colleagues of mine comes millions of dollars. By the time this lock boxes; we are saying we ought to into place is that they are assuming day was out, I sat down with my staff set aside Medicare, Social Security, that the money not utilized for a tax previous to these comments. I think we and the gentleman from Mississippi’s refund to the workers of this country, calculated the request today was just comments regarding military retire- who pay taxes, they are assuming that under $1 billion. That is about 10 hours ment and civil service retirement, we that money automatically will go to of meetings. Well, I did not spend 10 ought not to be spending that for any reduction of the debt. hours with constituents, maybe 5 hours purpose, including giving it back to with constituent meetings today, and I people who have paid their taxes. It b 2245 got just under $1 billion of requests. ought to go to the lock box. Therein is the entire danger. There is That is not just one day of the week we Mr. MCINNIS. Mr. Speaker, with all no assurance at all. In fact, if we look see them. We see constituents all week due respect to the gentleman, I appre- at the history of the United States long. ciate him clarifying that, but just so Congress, when we leave a dollar on the The key is here, my agreement is the gentleman has an understanding table here in this room, within mo- with the Blue Dogs that we should try where I am coming from, if the gen- ments that dollar is going to go into and reduce that debt; but the fact is tleman would care to look at the March 7, 2001 CONGRESSIONAL RECORD — HOUSE H731 record, he will see numerous references ber, and I do not see anything. I see previously spoken criticize projections and criticisms of the lock box theory. that George W. Bush takes this budget into the future. I want all of us to My purpose here is not an attack on very, very seriously; and I think the know, and I also heard someone say, the Blue Dogs, because after the gen- gentleman agrees with me. you do not spend money you do not tleman’s comments, apparently we My only point here is this budget and have. I happen to agree with that, al- agree on the lock box issue. But that is these tax cuts and our debate tomor- though most citizens in America do our mechanism, to try and put in some row, especially as I address the Blue spend money they do not have. They kind of control in the future so that Dogs, who I think, in my opinion, on buy a home. I would guess that most of when we reserve money for reduction the gentleman’s side of the aisle I my colleagues who are here on the of the debt, it actually goes to reduc- think carry the most substance, at floor this evening probably are in debt tion of the debt and not spending. Also, least with my point of view. I think it and actually owe more money than I should say about the Blue Dogs, is very important for us to work in a they are making right now. It is be- frankly, that during my years in Con- constructive fashion, that we not let cause they can manage that debt. It is gress here, it is the Blue Dogs on the emotion take it too far and we make a manageable debt, and that is one of Democratic side of the aisle who have the kind of statements such as the fear the things that I think we ought to been the most restrained on excessive tactics that I addressed earlier about take a look at. What kind of discipline spending and who have led that side of some of these comments that were exists? I would venture to say that my the aisle. So this is not intended to be made by some of the other people. colleagues here personally probably a criticism, but is intended to say to Now, if the gentleman would like to have more discipline because they are my colleagues that the lock box is the speak for a minute, I would be happy to not under the kind of political pressure best tool we have been able to come up yield, in fairness. to spend their personal income that we with at this point in time. Mr. TAYLOR of Mississippi. Mr. face here to spend the taxpayers’ in- Now, perhaps the gentleman from Speaker, a couple of points. Number come. Mississippi, who I will yield to here in one, I was deeply disappointed when In the State of Colorado when we had a minute, because I am going to refer Mr. Greenspan was repeatedly quoted this surplus and, by the way, when one to some of his comments, and perhaps by Republicans as being the person who buys their home, let me step back just he would like to reserve his request for they say, well, now he is for tax for a moment, when you buy your a yield of time until I am finished. breaks. I am glad to hear this Repub- home, you base the purchase of your Mr. TAYLOR of Mississippi. Mr. lican say he did not think he said that. home on your own future projections. Speaker, if I may. It is a fact that Mr. Greenspan was in Nobody has figured out accurate pro- Mr. MCINNIS. Mr. Speaker, the gen- charge of that commission that led to jections, very accurate, in my opinion. tleman may not. I am not going to the 15 percent increase in Medicare and If they did, they would be very, very yield. Let me finish about the com- Social Security taxes, with the promise wealthy people. But when you go out as ments that the gentleman made, and that money would be set aside. So Mr. an individual and you buy a home, then I will be happy to yield for a lim- Greenspan, more than anyone else, your wife and you, you sit down and ited period of time because of my lim- should know that it has not. you say, okay, here is what we project ited time this evening. Again, you have The third thing is when the gen- our income is going to be over the next 10 over there, I have one here. tleman said, let us go have a good 30 years, here is what we think we can Let me say that in regard to the gen- time. I was using the analogy of a per- afford in a mortgage, and probably the tleman’s comments from Mississippi, son who, for the first time in 30 years, first payment you make every month he spoke very eloquently, but he said has money left over at the end of the outside of groceries for your family is that during his lifetime, a great deal of year and it amounts to $1,000; but he to pay on that mortgage. Now, that is that debt was accumulated during his ignores the fact that he is $686,000 in not to say that you should ignore your lifetime. I might add that a great deal debt. That is where our Nation is with mortgage. There are consequences if of that debt was accumulated during an $8 billion surplus at the end of 1 you do ignore your mortgage; and his congressional tenure as well. I am year for the first time in 30 years. The frankly, the gentleman from Mis- not sure that the gentleman from Mis- analogy is our Nation does not have sissippi, I think, stated pretty well sissippi intended this, but he said that $1.6 trillion to give away in tax breaks. some of the consequences of ignoring Greenspan said there is all kinds of Mr. MCINNIS. Mr. Speaker, reclaim- the mortgage. money for a tax cut. I have heard Mr. ing my time, the gentleman has gone The problem is in this particular Greenspan speak on a number of occa- on a little bit beyond the rebuttal that body, in the other body, in this polit- sions. I think the gentleman’s quote of was appropriate, but let me make it ical process, because of the demands of Mr. Greenspan is inaccurate. I have not clear. I am not saying that Mr. Green- our constituents, we have to exercise a read in any report of his comments, span did not agree with tax cuts. Obvi- special kind of discipline. In Colorado, and I have not witnessed in person any ously, he did. My disagreement was the we had those surplus dollars in the of his comments where he quotes: we gentleman’s quote of Mr. Greenspan, 1970s. We were so concerned that we have all kinds of money for tax cuts. In which I have back there. I took it ver- would end up spending that money on fact, Mr. Greenspan has been very con- batim, I say to the gentleman; and I good programs, that we felt it was nec- servative in his approach for tax cuts. just wanted to correct that, because I essary, we felt we met the fundamental He has put it on the strategy and think that the quote had a bit of emo- needs of the State of Colorado. I say agreed with the strategy that George tion put into it and was taken out of ‘‘we,’’ I was not in the legislature at W. Bush has put forward, and that is, context. the time, but our legislative leaders we need it in combination with, one, I want to be sure that this evening, then did a tax refund in the State of we have to reduce the interest rates, because I think the plan that the Blue Colorado. we have got to control spending, which Dogs presented this evening was a very Do my colleagues know what would Mr. Greenspan comes back to time and well-presented program; but I think in have happened in Colorado when 6 time again, and then the tax cuts have fairness, we need to present this with years later we ran into an economic a place in there. He has not made those as much emotion put aside as we can. downturn, had we not returned that kinds of statements that we have all Therefore, I would like to address a money to the taxpayers? That money kinds of money for tax cuts. couple of the issues in regards to the was not sitting in a bank account accu- Mr. TAYLOR of Mississippi. Mr. plan offered by George W. Bush. mulating interest. That money was Speaker, will the gentleman yield? First of all, let me tell my col- spotted by every special interest group Mr. MCINNIS. Mr. Speaker, I would leagues, my district is in the State of in the State of Colorado, and those spe- also correct the gentleman in saying Colorado; and in the 1970s, Colorado cial interest groups, regardless of that it was either Greenspan or Bush in faced, of course, in a much smaller pro- which side of the aisle it came from, his comments, I did not quite catch portion, a budget surplus and the sur- they wanted to spend that money; and which one the gentleman quoted, let us plus actually did occur. Now, I know they would come to us, they would go have a good time. I do not remem- that some of my colleagues that have come to our legislative leaders and say, H732 CONGRESSIONAL RECORD — HOUSE March 7, 2001 look, we have a great program. You that the Congress, along with the ad- a tough time. We have some funda- have the money in the bank. How can ministration, that this government has mental needs that must be funded, and you justify to the voters that you are gotten used to, is not going to happen, the President’s budget funds it. not going to spend more money? And because we have an economy that is on Next, the President provides the larg- what would have happened in the the edge. est debt reduction in history. And here downturn is we would have had many, We do not have an economy that the Blue Dogs ought to be standing up many more commitments, had we not technically is in a recession yet, but we applauding George W. Bush. And I returned that money, and our down- have an economy that is headed into a should say, in fairness to the Blue turn in Colorado in the early 1980s slowdown. And the way to address the Dogs, that at several points their key would have been much more severe slowdown, according to President point was reduction of the debt, so I than it was. Bush, and I completely agree with him, think they actually agree with George I think that the President in his ap- really is three legs on a stool. W. Bush. proach and in his budget takes that The stool needs each one of those What I am saying though, however, into consideration. The President is legs. The first leg is you have to reduce to people such as the Blue Dogs, some- not proposing, by the way, to return all spending or control spending. I will de- where we have to be able to control of the projected surplus. This bill that scribe a little more about that later. spending so that those dollars there we passed in regards to the President’s The second leg is you got to reduce will be some dollars left for that tax tax cut, which is a part of the budget, interest rates. We are seeing Alan cut. and remember that, in my opinion, if Greenspan responding. By the way, the Here President Bush does not ignore, we allow the budget to come on this criticisms of Alan Greenspan this under any circumstances, the reduc- floor first, before we commit to dollars evening, I did not hear many of those tion of the Federal debt. In fact, he for a tax cut, the dollars that we would criticisms when the stock markets considers it a very high priority, and commit to a tax cut will be already were hitting all time highs last year. I he provides the largest debt reduction spent for additional spending in new did not hear any of my colleagues in the history of this country. programs. frankly taking the floor and criticizing Finally, it provides fair and respon- Alan Greenspan. sible tax relief. This tax relief is not 2300 b The third thing that we have to do on intended to go to people who do not Mr. Speaker, that is the difficulty on this stool to stabilize this economy is pay taxes. If you do not think you pay this floor, and in the next 3 weeks try- put some money back into the workers enough taxes, take a look at how many ing to take that money that we intend, who are producing out there. taxes you pay. Take a look at when and we can use the money that you You have people in our society who you stop at the gas pump what you pay would like to give for a tax cut, being are not producing. Those are not the for a gallon of gasoline, what you pay able to hold that aside from being people we are trying to put money when you go to the hardware store. spent is going to be extremely difficult. back into their pockets. We are trying Take a look at your tax bill next time That is why we have to commit early to go to the producing American out you buy a car or a refrigerator or a TV. on, in my opinion, to a tax cut. there, the American who is paying It was mentioned by the Blue Dogs What the President has done on his taxes. We are trying to put money back over here, take a close look at what budget is he has broken it out basically in their pockets, because our belief is your employees’ and employers’ taxes into a couple, 2 or 3, requirements in putting those dollars back in the work- are. Take a look at your income tax, his budget. The first requirement, So- ers pockets is going to help a lot more your State income tax, your Federal cial Security. We must put aside to pull this economy out of its slow- income tax. Take a look at your mu- money to fund Social Security. down than leaving those dollars in nicipal tax. Take a look at your county The same thing with Medicare. The Washington, D.C. to be spent by the tax. Take a look at special districts. President also addresses the debt. government through a bureaucratic Some of those needs are necessary. Clearly, we are in complete agreement. maze. We have to have tax in our system, I am in complete agreement with the That is exactly what President Bush but at some point in those numbers, do Blue Dogs. I am in complete agreement is attempting to do, and I think he has you not think that we can find, espe- with most of the Republicans that we a very logical plan under which to do cially when we have an economy right need to reduce that debt. That is good it. on the edge, do you not think we can fiscal management to reduce it in a In his speech, which, by the way, find a little bit, a few pennies on the planned way, but reduce that debt. The many of my colleagues stood and ap- dollar to go back to the taxpayer so difficulty is between the point where plauded, the President’s budget funds that that taxpayer can also fund some the surplus exists and being able to America’s priorities. Again, President of the priorities of their family? move it. Bush is not ignoring children. Presi- Let us take a look, as we go through Let me demonstrate here. S for sur- dent Bush is not ignoring senior citi- this budget, as the President explained plus, and over here for the debt reduc- zens. He is not ignoring Medicare. He is it. tion. There is another big S that falls not ignoring Social Security. He is not The President’s budget, as I men- in between them. What does that big S ignoring the military, but, by the way, tioned, pays off historic amounts of represent? It represents spending. he is not going to just sign a blank debt. It provides the fastest, largest President Bush does not ignore check. debt reduction in history, $2 trillion spending. President Bush does not He wants justification. The Secretary over 10 years. come forward in his budget and say no of Defense, Mr. Rumsfeld, is putting a It reduces the government debt to its more spending. In fact, what President study on military. He understands lowest share of the economy since Bush does is he comes out and says he what our basic needs are, and his budg- World War I. We are serious about re- is going to be more generous than most et will fund America’s priorities, but ducing this debt. Clearly we have to do families in America, I would venture to there has to be priorities. it. say, are going to be in their own family Let me tell my colleagues if we spent By the way, it is the Republicans who budgets next year. money on every good program that continually carried that balanced President Bush has come forward and comes in front of us, we would be broke budget amendment. We understand said you may increase the budget. I in a week. We have to have priorities. that, and there are a number of con- want a budget, and I will present a Of course, taking priorities means that servative Democrats, and the Blue budget that will increase spending by 4 some are priorities, some are not. So Dogs fit in that category, who agree percent, that is a 4 percent increase. you become unpopular with some peo- with the reduction of this debt. Most families in America will not see a ple. Let us go on. Responsible tax relief, 4 percent increase in their personal in- This President is willing to stand tall uses roughly one-fourth of the budget come next year. and say we cannot fund everybody. I surplus to provide the typical family of What President Bush has said is that am sorry, we cannot be Santa Claus. four paying income taxes $1,600 in tax an 8 percent or a 9 percent increase We have got an economy that is having relief. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H733 I heard someone the other day saying President George W. Bush, as the edu- ington, D.C. is the biggest government- this proposed tax cut only means a cation president. He cares about that. funded city in the history of this coun- couple hundred bucks, or it only means Reading is a big issue. His wife is a try. a dollar a day. I heard that the other teacher. Laura Bush has spent more The fact is that we do not get our day I think in the Committee on Ways time in a classroom than most of my money by going out with some capital- and Means. colleagues. I think everybody on this istic idea of going out and working, our Let me tell you something, when peo- floor cares about education. I have funding is done by taking that money ple get 300 bucks or $365, that may only never met a Congressman who does not out of the workers’ pockets, out of the be a dollar a day but to a lot of my care about education. This President taxpayers’ pockets and transferring it constituents, $365 in your pockets in- lists it as one of his highest priorities. to Washington, D.C. for redistribution. stead of the government’s pockets He says that if we want better edu- That is how the money comes back makes a difference of a bicycle for your cation, we had better be able to pay for here. kid, maybe you could go down and buy it. What the President is saying is wait a new TV. George W. Bush wants the strongest a minute, in all of these priorities, It makes a difference. Do not let peo- military in the world. He wants it maybe one of our priorities, not the top ple dilute the impact of a tax cut by maintained, but he is not going to sign priority, not the only priority, but saying it only means a dollar a day. a blank check. He wants account- maybe one of our priorities ought to be Let us proceed on here. It improves ability. He wants accountability in de- consideration for those people who health care. The President’s budget fense, in education, in Social Security, have to go out and create that money. will improve health care. It doubles et cetera, et cetera. But that is not to The people who go out and get their funding for NIH, that is the National say he is not willing to spend the dol- money, not because it is transferred in Institute of Health, medical research lars. You prove that those dollars are their pocket, but because they go out on important health issues like cancer, going to go to the improvement of our and work for it and they earn it. Here the largest funding increase in NIH’s education, and you are going to have it is transferred through tax mecha- history. It creates more than 1,200 new those dollars, and his budget allocates nisms. community health centers to make for it. I think it is fair and reasonable for health care more accessible. Social Security, it protects Social the President to say we need to com- This President understands the ter- Security. Let me say my approach, I mit a certain part of my budget to a rible viciousness of cancer. This Presi- heard a couple of comments from two tax cut. I also think that it is reason- dent is committed to a budget for the separate Members who said that we are able, to my colleagues in the Blue Dog National Institutes of Health to take on route, we are on track to turn this group, I think that they would agree or that issue on. This is one of those pri- country over in the worse shape than I think it is very reasonable to say we orities. any other generation in the history of had better commit some dollars to this This President is not taking the this country. That for the first time in tax reduction now because if you do money from the fight on cancer and the history of this country, this gen- not put those dollars aside, over the giving it back to the taxpayers. In fact, next 3 or 4 months which it will take us eration is going to turn this country this President is going to the workers to produce a budget, last year we did over to the next generation in worse and to the taxpayers and saying I think not get one until almost Christmas, shape than they found it. it is a priority to take more of your Mr. Speaker, I could not disagree but if you do not put that money aside taxpayer dollars and to fight to take more. I am an optimist. I think that we now, there is not going to be money on this issue of cancer. live in the greatest country in the left for those workers out there. It protects the environment, protects I understand the position let us get a world. I think there are more things the environment, providing for the budget first. That is an easy argument going right than wrong. Clearly our largest increase in conservation funds to make. When you make that argu- focus is to deal with problems. It is in history. Of course, we all take great ment, you cannot assure those workers kind of like being a fireman. Firemen pride in our districts, but my district is out there that there are going to be deal with fires, so pretty soon you may one of the most beautiful districts in dollars to go in their pockets. think that the only thing that happens the Nation. It is geographically larger Let me say in conclusion, I enjoyed is fires, but it is not. When you look than the State of Florida. It is the the discussion here tonight and listen- and put it in its proper proportion, Rocky Mountains of Colorado. ing to my colleagues. I look forward to Those land and water reservation there is more going right. future discussions and would be happy Sure it is easy to criticize education conservation dollars are important dol- to engage in a special orders with the and criticize this and that, but take a lars for us out there. This realizes that people from the Blue Dogs, but I think look at what is going right and if we the President realizes a commitment it is important that we tell both sides work together as a team, if we come to our environment in that kind of of the story which is exactly my pur- together and understand, number one, funding. pose in rebuttal this evening and also It preserves Medicare. It spends every we have an economy that is headed for in discussing the Bush plan. dime of Medicare receipts over the next a slowdown. We do not need to bring up Mr. Speaker, next time I speak I in- 10 years for Medicare and Medicare emotional statements like somebody tend to talk about the death tax, the alone. does not care about children. How question of whether death should be a many of your constituents do not care taxable event, and I intend to go into b 2210 about education or seniors? Put that some of the issues regarding the budg- Those Medicare dollars are going for garbage aside. Every one of your con- et. Medicare and Medicare alone. Again stituents cares about education and Mr. Speaker, I yield to the gentleman the President has said, look, there are seniors. from Texas (Mr. STENHOLM). certain dollars we cannot put into the The question is priorities, and the Mr. STENHOLM. Mr. Speaker if the tax refund, into the tax cut. We have to President has three basic priorities. gentleman from Colorado would wait, fund priorities. Medicare is a priority. Number one, you have got to take care we offered some additional of our time It strengthens defense and our military of the priorities of this country. Num- because you were generous to give by improving their quality of life. He ber two, you have got to have, and let some of your time. talks about the new weapons, and de- me put my chart back up here, you We would like to continue some dis- fense is a priority for President Bush. have got to provide for debt reduction. cussion, I know that the gentleman Again, he is not using that money to It is a priority with this President. from Mississippi (Mr. TAYLOR) would, filter or waste it away in other spend- Number three, you need to provide and also I appreciate very much the ing. He is not giving that money to our some money back to the people who tenor of their talk tonight and respect taxpayers, he is saying that money gave that money. Do not forget, it is a that they have paid to the Blue Dogs needs to go into defense. very easy job when you talk about and some of the things we agree on, Improving education. I think this money back here in the government, and I return the favor to the gentleman President will go down in history, and by the way, the city of Wash- from Colorado. H734 CONGRESSIONAL RECORD — HOUSE March 7, 2001 I found most of what he said I totally says that we should do it just the oppo- Mr. TURNER. Reclaiming my time, agree with, and I believe he will find site. Mr. Speaker, I thank the gentleman for that is the Blue Dog position, but I do Now, I also would add that I think it his remarks, and again we commend not believe the gentleman inten- is important for us to understand that him on his presentation. I really do tionally misspoke regarding the Presi- simply having the fear of greater hope, however, that we will all at least dent’s budget and the utilization of So- spending if we do not have a tax cut come to the point where we will agree cial Security and Medicare trust funds. really historically has not proven to be as a House, as a legislative body, that I know he did not intentionally, and all very successful. Because during the the budget act that we are governed I say is if the gentleman will carefully early 1980s, when the Reagan tax cuts by, requiring a concurrent budget reso- examine the President’s budget, I be- went into place, we also found that the lution before we have tax cuts or enact lieve he will find that there is a double Congress and the President decided to appropriations for spending will be the counting of the Social Security and increase spending, particularly on na- pattern that this Congress will follow. Medicare trust funds because I believe tional defense. And the largest deficits Unfortunately, the leadership in this the gentleman and I will agree that occurred during those years when we House has chosen to do it another way, those moneys that are now being paid were both cutting taxes and increasing because tomorrow they will bring to in by the hard-working men and spending on defense. So, unfortunately, this floor a major tax cut before this women today, everybody paying into though it is a worthy objective to say House has adopted a budget. The Blue the Social Security trust funds, those that if we simply cut taxes first we will Dogs intend tomorrow to be heard on moneys are already obligated. reduce spending, the truth is Congress that subject because we think it is im- When the baby boomers begin to re- has not chosen to follow that pattern. portant to have a budget first. tire in about 4 years, and it really hits In fact, we accumulated over 30 years It is also true, as the gentleman from in 2011, the Social Security trust fund a $5.6 trillion national debt, because for Colorado stated, that the President, in has big problems in paying off. There- 30 years straight the Congress and the his budget plan, does reduce national fore, it as has been proposed in the Presidents that served during that debt. Our objection simply is that it President’s budget, we choose to reduce time always spent more money every does not reduce national debt as fast as the debt by the Social Security trust year than they took in. So the choice, we think it should be reduced. In fact, fund moneys and that is all, then we when we do not have money coming in in an editorial in USA Today, the writ- truly are not making any progress to- to the Treasury, is twofold: we can cut er of that editorial acknowledged that wards fixing Social Security. spending or we can go back in to deficit the President is reducing debt, but he f spending. And the pattern has been says that anyone looking closely at the more the latter than the former. President’s budget will see that he does SO-CALLED ECONOMIC GROWTH Mr. MCINNIS. Mr. Speaker, will the not retire debt as fast as current law AND TAX RELIEF ACT OF 2001 gentleman yield? would provide. And, in fact, the Presi- The SPEAKER pro tempore (Mr. Mr. TURNER. I yield to the gen- dent’s debt repayment schedule under GRAVES). Under the Speaker’s an- tleman from Colorado. his rough outline of a budget will re- nounced policy of January 3, 2001, the Mr. MCINNIS. Mr. Speaker, I will let duce less debt than current law to the gentleman from Texas (Mr. TURNER) is the gentleman finish, but I wanted to tune of $590 billion over the next 5 recognized for 41 minutes. comment just very briefly because I years. Mr. TURNER. Mr. Speaker, it has think there is a little confusion here. The Blue Dog budget plan reduces been a pleasure to hear the gentleman I am not for putting forth the propo- the debt at a faster rate than the Presi- from Colorado express his points of sition that by giving a tax cut would dent’s budget does. Our plan is very view, and I believe there are many reduce spending. What I am saying is simple. We say take the Social Secu- areas where we find common ground, that at least in my tenure on this rity and the Medicare surpluses that particularly in the commitment to try floor, that if we do not allocate those will accumulate over the next 10 years to hold down the level of government funds for a tax cut, those funds will be and set them aside for Social Security spending. I think we share a commit- consumed in the budget negotiations and Medicare only. Whatever other sur- ment to reducing the Federal debt, al- that take place here. plus there is in the general operations though I think the Blue Dogs have a Obviously, I think the President him- of our government, then set aside 50 more aggressive debt repayment sched- self has said spending will increase at a percent of that on-budget surplus for ule than does the President under his rate of 4 percent. It may come in a lit- debt repayment. That means that the budget plan. tle above that. I am saying at this Blue Dog budget plan reduces debt at a I notice that the gentleman from Col- point, if we are really going to have a faster rate than the President’s plan. orado started off his remarks tonight tax cut, we better reserve those dol- We further say set aside 25 percent of talking about fear, and I picked up, lars. I happen to believe that my col- that on-budget surplus, outside of So- during the gentleman from Colorado’s leagues in the Blue Dogs would stand cial Security and Medicare, for tax presentation, a little fear expressed on by for that tax cut, but there are a cuts. And the final 25 percent should be his part, one that I think is shared by number of people on both sides of the reserved for priority spending needs, to many Members of Congress and per- aisle who would like to expend those take care of increased needs in the area haps drives some of the actions that we funds. of national defense, education and see taking place here; and that fear And then I would like to address the other priorities this Congress and this that was expressed by the gentleman other gentleman from Texas. I am com- President may agree upon. was the fear that we might continue to pletely in agreement with him on So- In our judgment, that is a fiscally re- have greater government spending and cial Security. On an actuarial basis, sponsible approach to the forecast of for that reason we need to pass a tax they are bankrupt. On a cash-flow budget estimates that we all know are cut before a budget I believe I heard basis, there is a lot of excess cash com- merely forecasts, that may not arrive. the gentleman say. ing in. As we know, the reason on an In fact, we know that if the estimate of actuarial basis that we are bankrupt is growth in Federal spending goes down b 2320 because the typical couple pulls out only one-tenth of 1 percent, about $300 I would simply suggest to the gen- $118,000 more than they put in. I do not to $400 billion of the estimated surplus tleman that under the budget act that disagree with the gentleman at all in for 10 years disappears. That is how this Congress is governed by, we have, that regard. tenuous the estimated surplus figure by law, said that the process that we I do have questions and issues of de- really is. will follow is to pass a concurrent bate as to whether or not we have a And so Blue Dogs simply say, let us budget resolution before we consider double factor in there and look forward pay down the national debt, let us have taxes and spending programs. So even to future discussions. I intend to yield meaningful tax cuts for the American though it may be a fear that if we do back to the gentleman and to not come people, and let us preserve Social Secu- not do the tax cut first we will have back to the microphone. I thank my rity and Medicare for the future. And greater spending later, the current law colleague for the courtesy. why do we say let us have a budget March 7, 2001 CONGRESSIONAL RECORD — HOUSE H735 first? Because if we have a budget first, Keep in mind, the Blue Dogs do not a budget resolution for this House. I we have to address each of those issues apologize because the size of our tax have even read in some of the publica- that I mentioned and take the avail- cut is little bit smaller than the Presi- tions here on the Hill that the Budget able Federal revenues that we hope will dent is talking about. The truth of the Committee is going to make a special appear over the next 10 years and we matter is, if you look at the tax cut effort this year to have a realistic have to fairly allocate them to those proposals on, for example, the marginal budget, because the truth of the matter various priorities. To simply say let us rate side of the tax cut, sure the Presi- is that many times, the Congress even bring a tax cut to the floor, it is a feel- dent over the long term has a little after passing their budget has spent good vote, let us do it, let us move on larger tax cut for those in the upper in- more money than the budget allowed. down the road, it will all work out, is come brackets. The Democratic pro- This year, the spirit seems to be dif- not the way we would run our house- posal has larger tax cuts for those in ferent in the House Budget Committee. hold budgets or our business budgets; the middle income brackets. But the I am very hopeful that the House Budg- and it is certainly not the way we truth of the matter at the end of the et Committee will pass a realistic should run the people’s budget here in day, the Blue Dog plan is not only to budget, one that this Congress will live Washington. cut taxes but to pay down debt, be- within, and one that will allow us to So I am hopeful that at the end of cause we know and economists tell us have meaningful tax cuts and signifi- the day this Congress will have a budg- that paying down debt will put more cant debt repayment over the next 10 et debate. And, after all, just because money in the back pocket of American years. This is our goal. This is what we the President says that spending will families than any of the tax cuts that are working for. I think at the end of only go up 4 percent, just because the we are talking about today, whether it the day, we can find that the American President says that we are going to be is the President’s, the Blue dogs’ or people will benefit from fiscal conserv- able to make all this work out does not any other group in this House or in the atism. mean that is the way the law is going Senate. Economists say interest rates It is really unusual to be in a posi- to read at the end of the day. across the board would go down over tion of having to be the voice of fiscal And when the gentleman from Colo- the next 10 years approximately 2 per- responsibility when for so many years rado (Mr. MCINNIS) says that he thinks cent if we pay down the national debt. we had support from the Republican we ought to pass the tax cut first and If you are struggling to buy a new side of the aisle for the same goals. It then the budget, he is expressing a home and you have borrowed $100,000 at turns out that the Blue Dog Democrats fear, a fear that his own majority the bank and we can get interest rates have now been identified in this body party, who controls this House, who down for you 2 percent, you will save as being the strongest deficit hawks, controls the Senate, and who now con- $2,000 a year. Who gets $2,000 a year the most fiscally conservative and trols the White House, cannot be fis- even under the President’s tax cut? those committed to greater fiscal re- cally responsible. I submit to my col- Well, I guess the very wealthy do. I sponsibility than any group in the leagues that as long as the Republicans suppose by looking at the numbers, if House. I think it is really significant are in charge, they are going to be the you are a wealthy lawyer making half that this message be heard. That is ones ultimately that determine the a million dollars a year under the Bush why we are here tonight, at 11:35 East- size of the spending bill for the Federal tax cut, you get $15,000. But under the ern Time talking about this issue that Government for this next year. And to Bush tax cut if you are a waitress mak- we all believe so strongly in. There have been several good edi- simply say that there is some projec- ing $20,000, you will no longer have to torials that have been published in re- tion out here of future surpluses that pay $200 in taxes. Your taxes will be cent days about this issue. It seems we all hope are going to arrive, and to zero. As I think the President has often pointed out, the waitress gets a 100 per- that more and more people across this make a decision today to spend all of country are beginning to question the those surpluses on the tax cut the cent reduction in her taxes and the rich lawyer only gets a 50 percent re- path that has been charted by the lead- President has proposed, is irrespon- ership in this House which will lead us sible. The truth of the matter is, if duction when the truth of the matter is the lawyer gets $15,000 and the waitress tomorrow to a vote on a major tax cut they do not show up, we will be back in before we have a budget. More often gets $200. But how can we help the deficit spending. than not in my conversations with my waitress? If she is trying to buy a home A fellow in overalls at a town meet- constituents, I hear the healthy skep- for her family and we can get interest ing stood up after I had made a long- ticism that exists among people all rates down 2 percent so that when she winded presentation about all these across this country about cutting taxes Federal budget numbers, and he said, goes into that bank or that mortgage based on a 10-year projection of a sur- ‘‘Congressman, how can you folks in lending agency and she applies for that plus. In fact, it was suggested to me Washington say you have a surplus $100,000 loan, the interest rate quoted the other day that perhaps this Con- when you have a $5.5 trillion debt?’’ to her will be 2 percent lower and she gress and this administration could be will save $2,000 a year because this Con- b 2330 characterized as somewhat arrogant gress decided to be fiscally responsible for even suggesting that we cut taxes It caught me a little bit off guard, be- and pay down the national debt and based on a 10-year estimate. Because cause the point was well made and cer- reap the benefits that come from that the truth is, even if the estimate, per- tainly well taken. Only in Washington kind of fiscal responsibility. That is chance, turned out to be correct, this can you owe $5.5 trillion in publicly what the Blue Dogs are for. And at the President and this Congress would have held debt and in debt owed to the So- end of the day, our plan will put more passed the last tax cut that could be cial Security and Medicare and other money in the back pockets of an aver- passed by any Congress or signed by trust funds of the government that age American family than any tax cut any President for the next 10 years. have been taken all these many years that is being talked about today. Perhaps that alone would suggest that and spent on other things, only in I am very hopeful that we can at perhaps we should look at a shorter Washington can you also say you have least have an opportunity to have a time frame. When I served as a member a surplus. fair debate on priorities and a fair de- of the Texas legislature, the House and The debt we owe is real. It is here bate about a budget before we have to the Senate there, I served on the Fi- now. The surplus we are talking about vote on major tax cuts that may jeop- nance Committee, we met biennially, has not yet arrived. It may not arrive. ardize our efforts to bring fiscal re- once every 2 years. What we did is What would you do at your household sponsibility and restraint and debt re- project the State revenues for the next if you owed money to the tune of payment to the American people. 2 years, projected our State spending $100,000 and somebody said, ‘‘Well, we I really think that tonight, the de- needs, and adopted a budget accord- think you’re going to have an increase bate that we are having, though there ingly. And if we had extra money pro- in your pay over the next few years.’’ are only a few Members in the Chamber jected for the 2-year period, we could Would you ignore the debt and start tonight, is the kind of debate that we pass a tax cut. We did not talk about 10 spending the surplus? No. You would need to be having in the full daylight years out. Perhaps most legislators un- try to pay down the debt that you owe. with the Members of the House here on derstand how foolish it really is to H736 CONGRESSIONAL RECORD — HOUSE March 7, 2001 spend money that you do not even have I have to be a little bit disturbed who are for these tax cuts are dealing yet. Only in Washington do we project about what my friend, the gentleman in projections, and we are $5.7 billion in for 10 years and then somehow declare from Colorado (Mr. MCINNIS), said to- debt because of rosy projections, not that it is engraved in stone on a wall night. His statement was that we have people dealing in reality. and we can spend it today. I think that to cut taxes because they cannot stop Mr. TURNER. Mr. Speaker, I would we as a Congress should acknowledge spending. ask the gentleman from Mississippi that of the tax cut that we are talking Now I admire many of my Republican (Mr. TAYLOR) does he happen to know about being given to the American peo- colleagues, but they asked for the op- how much interest we are paying on ple next year, that the surplus is so portunity to govern and they promised this national debt? small next year that only 5 percent of the American people if they were given Mr. TAYLOR of Mississippi. I am so the total tax of $1.6 trillion the Presi- the opportunity to govern they would glad the gentleman asked that. We con- dent proposed is even being granted stop wasteful spending. So what he is stantly hear people say, stop the next year. And to grant more would saying, I guess, is that that promise wasteful spending. Doggoneit, you all put us back into deficit spending, be- was not true; that they cannot control can balance the budget if you just cut cause two-thirds of this surplus occurs spending. out the wasteful spending. Some people in the second 5 years of this 10-year Let me make a point to the gen- say it is food stamps to the tune of projection. Only one-third occurs in tleman from Colorado (Mr. MCINNIS). about $30 billion a year. Some people the first 5 years. And in the shorter Cutting revenues has never stopped say it is foreign aid to the tune of term, very little surplus exists for any spending. It only increased the amount about $13 billion a year. tax cut. of money that was borrowed. I guess everyone has something they Now I am not belittling the fact that When Ronald Reagan made the same think we ought to do away with. Na- the tax cut proposed gives a $56 billion pitch in the early 1980s to cut revenues tional Endowment for the Arts I voted tax cut next year, but $56 billion is because it would stop spending, the against, $100 million a year. only 5 percent of the total tax package debt was less than a trillion dollars. It The most wasteful thing this Nation that is being talked about. It was sug- is now $5.7 trillion. does is to squander $1 billion a day Let us remember that Ronald Rea- gested the other day that perhaps what each and every day on interest on the gan’s veto was worth two-thirds of the we ought to be doing is simply passing national debt. We did it yesterday. We House and two-thirds of the Senate; a short-term tax cut, coming back in 2 did it the day before that, the day be- just as George Bush’s veto will now be years, taking another look at where we fore that. We will do it tomorrow and worth two-thirds of the House and two- are financially, passing another one, we will do it every day for the rest of thirds of the Senate. giving the next Congress after that the our lives if we do not retire this debt. If President Bush sees some wasteful good fortune of being able to vote for a That is what the interest payment is. spending, I encourage him to veto the tax cut. But, no, in Washington the It is more money than we spend on de- bill, and I will work with him to pre- playing field has been defined for us, fense. It is more money than we spend vent the override of that veto. Do not because the Congress in 1992 said that on Social Security. It is more money tell me that you have to increase the the Congressional Budget Office should than we spend on veterans health care. national debt, pretending there is an project the financial estimate for 10 It is more money than we spend on imaginary surplus, so you can give years. anything. your contributors a $1.6 trillion tax b 2340 break, because it is not there. We do It is squandered. It does not educate Once we did that, then I guess we not have a surplus until we pay back a child. It does not build a highway. It opened the door to start spending the what we owe to Social Security, which does not defend our Nation. It is squan- money, whether it is by tax cuts or is a trillion dollars; until we pay back dered. It tends to go to the wealthiest spending or whatever means we want what we owe to Medicare, which is $229 Americans, the very people who will to use to dispose of it today, based on billion; pay back to those people who get the biggest benefit of this tax an estimate of what might occur over served our Nation for 20 years or more break. the next 10 years. and our Reservists who served our Na- Mr. TURNER. I had heard a few So the Blue Dog Democrats are here tion for 20 years or more, the $163 bil- months ago that the interest payment tonight. We are working hard to con- lion. We do not have a surplus until we on the national debt was the third larg- vey the message of a budget first and pay back to our civil servants the est category of Federal expenditures. Is we are asking for fiscal responsibility. $501.7 billion that has been taken out of that correct? I think Social Security Mr. Speaker, I am pleased to yield to their paychecks. You do not have a and perhaps national defense might our fellow Blue Dog colleague, the gen- surplus to give away in tax breaks. have been a little bit ahead of payment tleman from Mississippi (Mr. TAYLOR.). I know these are astronomical num- of interest on the debt. Mr. TAYLOR of Mississippi. Mr. bers, and I know the typical American Mr. TAYLOR of Mississippi. For the Speaker, I thank the gentleman from has just got to be dumbfounded with record, for the fiscal year 2001, the Texas (Mr. TURNER) for yielding. them, and I think skepticism is a good Treasury has already spent $144 billion Mr. Speaker, again, I will ask every thing. So let me say where you can on interest on the national debt. That American who listens to the debate to- look to see this, because these are all is the first 5 months of this year. Con- morrow, listen for this number, straight out of the monthly statement trast that with fiscal year 2000, the $5,735,859,380,573.98. You will not hear of Treasury Securities. Treasury spent $362 billion on interest. one proponent of the tax cut admit to Just a month ago, that was known as That is almost a billion a day. That is the American people that that is how a monthly statement of public debt but 20 percent of every dollar that was far in debt we are, and almost all of the Bush administration, in order to spent. that debt has occurred since 1980. disguise the true nature of the debt, By comparison, the military outlays I will give you another number you changed the title of that from public total $281 billion, $81 billion less than will not hear. You will not hear about debt to Treasury Securities; but it is we pay on the interest. Medicare out- the $1,070,000,000,000 that this Nation the same thing. lays were $218 billion, $144 billion less owes to the people who pay into the So I would encourage you to go to than we spent on interest on the na- Social Security trust fund. You will www.publicdebt.treas.gov. I encourage tional debt. not hear about the $229,200,000,000 that you to go to table 1, page 1, monthly Again, Mr. Speaker, again Senate this Nation owes to the Medicare Trust statement of Treasury Securities of the Majority Leader, Mr. President, please Fund. You will not hear about the United States, February 28, 2001; go to come tell me that there is a surplus, $163.5 billion that we owe to the mili- table 4 page 10; go to table 3, pages 7 because you are dealing with projec- tary retirees, and you will not hear and 8. tions and I am dealing with reality. about the $501.7 billion that we owe to That is where these numbers come The people of America are now $5.7 tril- the public employees retirement sys- from. I am dealing in reality. The Blue lion in debt from rosy projections. The tem. Dogs are dealing in reality. The people debt is real. The interest payments on March 7, 2001 CONGRESSIONAL RECORD — HOUSE H737 the debt are real. What we owe to So- taxes, and at that point in time is plus when, in fact, if we look at a cial Security, what we owe to Medi- when we need to have that debt paid longer period of time, we probably have care, what we owe to the military re- down so that the money will be avail- a deficit again because the demands on tirees, what we owe to our own civil able for the Social Security recipients. the Social Security system and on the servants is real. Mr. TAYLOR of Mississippi. Mr. Medicare system are so tremendous? Let us pay our bills first before we Speaker, if the gentleman will yield, Mr. TAYLOR of Mississippi. Mr. start making new promises. the promise made during the Reagan Speaker, I would say to the gentleman, Mr. TURNER. Mr. Speaker, I would years was that that $1 trillion would be I pointed out that this is the debt right say to the gentleman from Mississippi set aside. That promise was never kept now. We have heard our colleagues say (Mr. TAYLOR), in addition to the abso- in the Reagan years, it was never kept that CBO projections say that we are lute waste that is represented by a bil- in the Bush presidency, it was never going to have a lot of money left over. lion dollars a day that we pay in inter- kept in the Clinton presidency. The Let me tell my colleagues the real CBO est on this huge $5.7 trillion national question is now whether this President projections. debt, there is going to come a point in will honor that promise made almost 20 Today we owe the Social Security time, is there not, where those debts years ago. The promise was never kept Trust Fund $1 trillion. The CBO projec- are going to have to be repaid, those for the Medicare trust fund. The ques- tion is that 10 years from today, even without the Bush tax breaks, which IOUs the gentleman talked about ear- tion is whether or not this President will deprive about $1.6 trillion out of lier this evening that represents the will honor it. The promise was never revenue, we will owe Social Security $3 lockbox trust funds, that those monies kept to our military retirees. The ques- trillion, 65 billion. I told the gentleman are going to have to be paid? I mean, in tion is whether or not President Bush will help us keep that promise. The how we owed money to Medicare, to Social Security, for example, is there military retirees, to civil service retir- not going to be a requirement, an abso- promise was never kept to the civil service retirees. The question is wheth- ees. It projects, the CBO, even without lute requirement, that some day those the tax breaks, that we will owe them er or not President Bush will help us funds be repaid to that trust fund? $2.2 trillion 265 billion, and contrary to keep that promise. Mr. TAYLOR of Mississippi. In the what our colleague from Colorado said, 1980s, the Reagan administration, with Now, my promise to President Bush is, I will help him keep that promise. I even without the Bush tax breaks, if a Democratic House, Republican Sen- we do not start getting serious about ate, increased by 15 percent payroll tax think keeping our word to all of these groups is more important than making cutting spending, living within our on working Americans toward Social means, that 10 years from now, our Na- Security and Medicare, because they new promises to other Americans, be- cause a great Nation is only as good as tion will be $6 trillion, 721 billion in realized, because of the demographic debt. its word. That is why last year we change, with fewer and fewer working Mr. Speaker, there is no person on people, more and more retired people worked so hard to get our health care earth who can convince me, who can taking money out, fewer people putting benefits that were promised to military convince my colleague, that there is a money in, that by 2014 the money that retirees, and I thank my colleagues for surplus now or that there will be a sur- was being paid in on an annual basis to helping on that. It is now time to keep plus then, when we are $5.7 trillion in Social Security would no longer pay our word on these matters. debt now, and the CBO projections that Mr. TURNER. Mr. Speaker, let me the money that is being taken out. they keep talking about predict that ask this question of the gentleman. So with Alan Greenspan as the Chair our Nation will be $6 trillion, 700 bil- After 2014, 13 years from now, when the of a commission, they recommended, it lion in debt then. passed through Congress, an increase Social Security system begins to expe- Mr. TURNER. Mr. Speaker, it seems on payroll taxes with the idea being rience the retirement of those of us to me that this debate comes right that the money would be collected now who are in that baby boomer category, back down to where the gentleman while we have a relatively large work- what happens, as I understand it, is not from Tennessee (Mr. TANNER) said we force, set aside to pay those benefits only do we see in 2014 more money were in his remarks earlier this then for Social Security, for Medicare, coming out of Social Security and ben- evening. The question that must weigh for military retirees, for civil service efits than goes in and Social Security on the minds, I hope, of every Member retirement. payroll taxes, but that is just the tip of of this Congress is, are we going to The problem is that money was the iceberg. Because I read the other leave this country in better shape for spent, every penny of it. What we are day that the Social Security service our children than we found it? And it trying to change and what we will have has already estimated, based on the seems to me, I say to the gentleman, an opportunity to change tomorrow, I number of folks that will be retiring in that in order to do that, we are going hope, if the Committee on Rules makes the years ahead, that 50 years from to have to exercise some significant it in order, is to say that the provisions now, that the drain on the Social Secu- fiscal discipline over the years ahead. of this tax bill tomorrow only take rity Trust Fund will be so great, that I really commend the gentleman on place in years where we fully fund our to have enough money going into the the presentation he has made. As I said annual obligation to Social Security, system 50 years from now to pay the to the gentleman earlier, he exposed, to Medicare, to military retirement benefits, to which people who will then once again, the best kept secret in and civil servants. retire will be entitled, will require a town up here, and that is that there is payroll tax of 50 percent of payroll. really no trust fund. And when we lock b 2350 Now, the gentleman knows and I box the trust fund, all we have lock If that does not happen, then the tax know and everybody here knows that boxed is an IOU that some day is going increase does not take place. I happen we are never going to have a 50 percent to have to be paid by the taxpayers of to think that is totally in keeping with payroll tax. Nobody could stay in busi- this country, back into those trust the President’s vow and promise that ness if they had to pay a 50 percent funds so that the recipients of Social he made to Congress. He mentioned So- payroll tax. But to pay benefits that Security in the years ahead and the cial Security by name, he mentioned will be due by current law to the bene- beneficiaries of the Medicare program Medicare by name. He did not mention ficiaries that will be retired 50 years in the years ahead will be able to have our military retirees, he did not men- from now, a lot of our children in that the commitment that we made to them tion our civil servants, but I am sure category, we need a payroll tax of 50 honored and made good, and that is he would want to protect their funds as percent? I think what it says to me is going to take a tremendous amount of well. that the talk about a surplus over the effort on the part of this Congress and Mr. TURNER. Mr. Speaker, reclaim- next 10 years really hides the true fi- future Congresses. I hope that we have ing my time, so the gentleman says nancial picture of the Federal Govern- the wisdom to begin now to prepare for that 13 years from now, in 2014, we ment, because not only does Social Se- those very, very dire days when the start paying more Social Security ben- curity face a crisis in the years ahead, baby boomers retire and the demands efits than we have income into the So- but Medicare does too. Is it fair, I ask on Social Security and Medicare could cial Security Trust Fund and payroll the gentleman, to say we have a sur- literally overwhelm this government. H738 CONGRESSIONAL RECORD — HOUSE March 7, 2001 Mr. TAYLOR of Mississippi. Mr. Mr. SKELTON (at the request of Mr. turned in late; to the Committee on Armed Speaker, I think the first place we have GEPHARDT) for March 8 on account of Services. to start is with the legislation I intro- attending a funeral. 1124. A letter from the Acting Adminis- trator, Food and Nutrition Service, Depart- duced last week, with a constitutional f ment of Agriculture, transmitting the De- amendment that honors the promise SPECIAL ORDERS GRANTED partment’s final rule—Special Supplemental that was made to Americans, a con- Nutrition Program for Women, Infants and stitutional amendment that protects By unanimous consent, permission to Children (WIC): Clarification of WIC Man- the Social Security Trust Fund, a con- address the House, following the legis- dates of Public Law 104–193, the Personal Re- stitutional amendment that protects lative program and any special orders sponsibility and Work Opportunity Rec- the Medicare trust fund, a constitu- heretofore entered, was granted to: onciliation Act of 1996 (RIN: 0584–AC51) re- tional amendment that protects our The following Members (at the re- ceived March 5, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Education public employees’ retirement system, a quest of Mr. PALLONE) to revise and ex- and the Workforce. constitutional amendment that pro- tend their remarks and include extra- 1125. A letter from the Secretary, Depart- tects our military retirement system. I neous material: ment of Health and Human Services, trans- introduced it last week. I would invite Mr. DAVIS of Illinois, for 5 minutes, mitting the 2000 annual report on the Loan the gentleman from Texas (Mr. TURN- today. Repayment Program for Research Generally, ER) and every Member of Congress to Mr. PALLONE, for 5 minutes, today. pursuant to 42 U.S.C. 2541—1(i); to the Com- coauthor it. I would invite every Amer- Mr. DEFAZIO, for 5 minutes, today. mittee on Energy and Commerce. 1126. A letter from the Secretary, Depart- ican to demand that their Congress Mrs. CLAYTON, for 5 minutes, today. ment of Health and Human Services, trans- keep the promises that were made to Mr. UNDERWOOD, for 5 minutes, today. mitting the Annual Report on the National them, and start with a constitutional Mr. SKELTON, for 5 minutes, today. Institutes of Health (NIH) AIDS Research amendment that says from this day Ms. WOOLSEY, for 5 minutes, today. Loan Repayment Program (LRP) for FY 2000; forward, we will stop stealing from So- Ms. MILLENDER-MCDONALD, for 5 min- to the Committee on Energy and Commerce. cial Security and we will stop stealing utes, today. 1127. A letter from the Secretary, Depart- ment of Health and Human Services, trans- from Medicare and we will stop steal- Ms. JACKSON-LEE of Texas, for 5 min- mitting the Annual Report on the National ing from military retirement, we will utes, today. Institutes of Health (NIH) Clinical Research stop stealing from the civilian retire- Mr. BACA, for 5 minutes, today. Loan Repayment Program for Individuals ment, and our highest priority is going Mr. OWENS, for 5 minutes, today. From Disadvantaged Backgrounds (CR-LRP) to be to pay back those funds that have Ms. KILPATRICK, for 5 minutes, today. for FY 2000; to the Committee on Energy and already been taken. Ms. NORTON, for 5 minutes, today. Commerce. Mr. TURNER. Mr. Speaker, it sounds Mrs. MINK of Hawaii, for 5 minutes, 1128. A letter from the Secretary, Depart- like to me if the gentleman’s constitu- today. ment of Health and Human Services, trans- mitting the Annual Report on the National tional amendment had been the law in Mr. HILLIARD, for 5 minutes, today. the Federal Government, that the trust Institute of Child Health and Human Devel- Mr. LEWIS of Georgia, for 5 minutes, opment (NICHD) Contraception and Infer- funds of the Federal Government would today. tility Research Loan Repayment Program be just like the trust funds that I am Mr. JEFFERSON, for 5 minutes, today. (CIR-LRP) for FY 2000; to the Committee on familiar with from my service in the Mr. CLYBURN, for 5 minutes, today. Energy and Commerce. Texas legislature. Because at the State Mr. BOSWELL, for 5 minutes, today. 1129. A letter from the Associate Bureau level, and I suspect in every State in The following Members (at the re- Chief, Wireless Telecommuncations Bureau, Federal Communications Commission, trans- the union, when they set up the State quest of Mrs. BIGGERT) to revise and employees’ retirement trust fund and mitting the Commission’s final rule—Proce- extend their remarks and include ex- dures for Reviewing Requests for Relief the teacher retirement system trust traneous material: From State and Local Regulations Pursuant fund, the legislature actually puts dol- Mr. BEREUTER, for 5 minutes, today. to Section 332(c)(7)(B)(v) of the Communica- lars into those funds that are truly Mr. NUSSLE, for 5 minutes, today. tions Act of 1934 [WT Docket No. 97–192] re- locked away and invested over time in Mr. DUNCAN, for 5 minutes, today. ceived February 26, 2001, pursuant to 5 U.S.C. real assets that are earning interest Mr. TANCREDO, for 5 minutes, today. 801(a)(1)(A); to the Committee on Energy and and increasing the value, the cash Mr. GILCHREST, for 5 minutes, today. Commerce. 1130. A letter from the Acting Assistant asset value of those trust funds. But Mr. JONES of North Carolina, for 5 because in Washington, we created Secretary for Legislative Affairs, Depart- minutes, March 8. ment of State, transmitting certification of trust funds that we allowed the govern- The following Member (at her own re- a proposed license for the export of defense ment, the Congresses of years past to quest) to revise and extend her re- articles or defense services sold commer- borrow from to do other things, what marks and include extraneous mate- cially under a contract to Russia [Trans- we are left with in Washington is trust rial: mittal No. DTC 034–01], pursuant to 22 U.S.C. funds with no cash, with no investment Ms. BROWN of Florida, for 5 minutes, 2776(c); to the Committee on International value, other than the fact that they today. Relations. hold an IOU, a Treasury obligation 1131. A letter from the Assistant Legal Ad- f viser for Treaty Affairs, Department of that does earn interest, but ultimately ADJOURNMENT State, transmitting Copies of international can only be paid through the taxing agreements, other than treaties, entered into power of the Federal Government, be- Mr. TURNER. Mr. Speaker, I move by the United States, pursuant to 1 U.S.C. cause there is really no money there to that the House do now adjourn. 112b(a); to the Committee on International pay the benefits that are guaranteed to The motion was agreed to; accord- Relations. the Social Security recipients, to the ingly (at 11 o’clock and 59 minutes 1132. A letter from the Acting Assistant Medicare recipients, to the Federal em- p.m.), the House adjourned until to- Secretary for Legislative Affairs, Depart- ployees who retire, to the military re- ment of State, transmitting the President’s morrow, Thursday, March 8, 2001, at 10 determination regarding certification of the tirees. It is the taxing power of the fu- a.m. 24 major illicit drug producing and transit ture that will have to be used to honor f countries, pursuant to section 490 of the For- those commitments. eign Assistance Act of 1961, as amended; to EXECUTIVE COMMUNICATIONS, f the Committee on International Relations. ETC. 1133. A letter from the Chairman, Board of LEAVE OF ABSENCE Under clause 8 of rule XII, executive Governors of the Federal Reserve System, By unanimous consent, leave of ab- transmitting a copy of the annual report in communications were taken from the compliance with the Government in the Sun- sence was granted to: Speaker’s table and referred as follows: Mr. BECERRA (at the request of Mr. shine Act during the calendar year 2000, pur- 1123. A letter from the Acting Assistant suant to 5 U.S.C. 552b(j); to the Committee GEPHARDT) for today on account of Secretary of Defense, Reserve Affairs, De- on Government Reform. business in the district. partment of Defense, transmitting notifica- 1134. A letter from the Administrator, En- Mr. SHOWS (at the request of Mr. tion that the Angel Gate Academy Program vironmental Protection Agency, transmit- GEPHARDT) for March 6 and today on Report, directed by Senate Report 106–298, to ting the Fiscal Year 2000 Annual Report; to account of a death in the family. be submitted by February 15, 2001, will be the Committee on Government Reform. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H739 1135. A letter from the Executive Director PUBLIC BILLS AND RESOLUTIONS BONIOR, Ms. PRYCE of Ohio, Ms. for Operations, Nuclear Regulatory Commis- Under clause 2 of rule XII, public BROWN of Florida, Mr. QUINN, Mr. sion, transmitting a report on Year 2000 BROWN of Ohio, Mr. RAMSTAD, Mr. Commercial Activities Inventory; to the bills and resolutions were introduced CAPUANO, Mr. SCARBOROUGH, Ms. CAR- Committee on Government Reform. and severally referred, as follows: SON of Indiana, Mr. SHAYS, Mrs. 1136. A letter from the Acting Assistant By Mr. MCGOVERN (for himself, Mr. CHRISTENSEN, Mr. SMITH of New Jer- Administrator for Fisheries, National Oce- SHAYS, Mrs. MCCARTHY of New York, sey, Mr. CLAY, Mr. UPTON, Mr. COYNE, anic and Atmospheric Administration, trans- Mr. FROST, Mr. NADLER, Mr. CLEM- Mr. WALSH, Mr. CROWLEY, Ms. mitting a report on the Northeast Multispe- ENT, Mr. PASCRELL, Mrs. MORELLA, DEGETTE, Ms. DELAURO, Mr. ENGEL, cies Harvest Capacity and Impact of North- Ms. VELAZQUEZ, Mr. ISSA, Mrs. Ms. ESHOO, Mr. EVANS, Mr. east Fishing Capacity Reduction; to the KELLY, Mr. FILNER, Ms. MCKINNEY, FALEOMAVAEGA, Mr. FARR of Cali- Committee on Resources. Mr. DAVIS of Illinois, Mr. INSLEE, Mr. fornia, Mr. FATTAH, Mr. FILNER, Mr. 1137. A letter from the Paralegal Spe- MICA, Mrs. TAUSCHER, Mr. MEEHAN, FORD, Mr. FRANK, Mr. GONZALEZ, Mr. cialist, FAA, Department of Transportation, Mr. CONYERS, Mr. WEINER, Mr. GUTIERREZ, Mr. HASTINGS of Florida, transmitting the Department’s final rule— SERRANO, Mr. CROWLEY, and Mr. Mr. HILLIARD, Mr. HINCHEY, Mr. Airworthiness Directives; Bell Helicopter KING): HOEFFEL, Ms. HOOLEY of Oregon, Mr. Textron, Inc. Model 204B Helicopters [Docket H.R. 906. A bill to amend the Internal Rev- ISRAEL, Mr. JACKSON of Illinois, Ms. No. 2000–SW–16–AD; Amendment 39–12096; AD enue Code of 1986 to allow a credit against JACKSON-LEE of Texas, Mr. JEFFER- 2001–02–11] (RIN: 2120–AA64) received Feb- income tax for the costs of employers in pro- SON, Mr. KENNEDY of Rhode Island, ruary 27, 2001, pursuant to 5 U.S.C. viding certain transportation fringe benefits Mr. KILDEE, Ms. KILPATRICK, Mr. 801(a)(1)(A); to the Committee on Transpor- for their employees; to the Committee on KIND, Mr. KUCINICH, Mr. LAFALCE, tation and Infrastructure. Ways and Means. Mr. LAMPSON, Mr. LANTOS, Ms. LEE, 1138. A letter from the Chief, Office of Reg- By Mr. DINGELL: Mr. LEWIS of Georgia, Mr. LIPINSKI, ulations and Administrative Law, USCG, De- H.R. 907. A bill to amend title 49, United Mrs. LOWEY, Mr. LUTHER, Mr. MAR- partment of Transportation, transmitting States Code, to promote air carrier competi- KEY, Mrs. MCCARTHY of New York, the Department’s final rule—Drawbridge Op- tion, to establish consumer protections for Ms. MCCARTHY of Missouri, Ms. eration Regulations; Cortez Bridge (SR 684), airline passengers, and for other purposes; to MCCOLLUM, Mr. MCDERMOTT, Mr. Cortez, FL [CGD07–01–013] received February the Committee on Transportation and Infra- MCGOVERN, Ms. MCKINNEY, Mr. 27, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. MCNULTY, Mrs. MEEK of Florida, Mr. the Committee on Transportation and Infra- By Mrs. CAPPS: MEEKS of New York, Mr. GEORGE MIL- structure. H.R. 908. A bill to terminate the participa- LER of California, Mr. MOAKLEY, Mr. tion of the Forest Service in the Rec- 1139. A letter from the Chief, Office of Reg- MOORE, Mr. NADLER, Mr. NEAL of reational Fee Demonstration Program and ulations and Administrative Law, USCG, De- Massachusetts, Ms. NORTON, Mr. to offset the revenues lost by such termi- partment of Transportation, transmitting OLVER, Mr. PASTOR, Mr. PAYNE, Ms. nation by prohibiting the use of appropriated the Department’s final rule—Drawbridge Op- PELOSI, Mr. POMEROY, Mr. PRICE of funds to finance engineering support for North Carolina, Ms. RIVERS, Mr. eration Regulations; Stickney Point Bridge sales of timber from National Forest System RODRIGUEZ, Mr. ROEMER, Ms. (SR 72), Sarasota, Sarasota County, FL lands; to the Committee on Agriculture, and SANCHEZ, Mr. SANDLIN, Mr. SAWYER, [CGD07–01–011] received February 27, 2001, in addition to the Committee on Resources, Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for a period to be subsequently determined SLAUGHTER, Mr. SMITH of Wash- mittee on Transportation and Infrastruc- by the Speaker, in each case for consider- ington, Mr. STARK, Mr. STUPAK, Mr. ture. ation of such provisions as fall within the ju- THOMPSON of Mississippi, Mr. 1140. A letter from the Acting General risdiction of the committee concerned. TIERNEY, Mrs. JONES of Ohio, Mr. Counsel, Small Business Administration, By Mr. CRANE (for himself, Mr. MAT- UDALL of Colorado, Ms. VELAZQUEZ, transmitting the Administration’s final SUI, Mr. ENGLISH, Mr. LEWIS of Geor- Ms. WATERS, Mr. WATT of North rule—New Markets Venture Capital Pro- gia, Mr. BECERRA, Mr. RANGEL, Mr. Carolina, Mr. WAXMAN, Mr. WEINER, gram: Delay of Effective Date (RIN: 3245– WELLER, Mr. SAM JOHNSON of Texas, Mr. WEXLER, and Mr. WYNN): AE40) received February 28, 2001, pursuant to Mr. COLLINS, Mr. RAMSTAD, Mr. H.R. 912. A bill to reduce the risk that in- 5 U.S.C. 801(a)(1)(A); to the Committee on MCNULTY, Mr. HULSHOF, Mr. SHAW, nocent persons may be executed, and for Small Business. Mr. NUSSLE, Mrs. JOHNSON of Con- other purposes; to the Committee on the Ju- 1141. A letter from the Chairman, Inter- necticut, Mr. PORTMAN, Mr. MCINNIS, diciary. national Trade Commission, transmitting a Mr. HOUGHTON, Mr. LEWIS of Ken- By Mr. ENGEL (for himself and Mr. report entitled, ‘‘The Economic Impact of tucky, and Mr. HERGER): BRADY of Pennsylvania): U.S. Sanctions With Respect to Cuba’’; to H.R. 909. A bill to amend the Internal Rev- H.R. 913. A bill to amend title XVIII of the the Committee on Ways and Means. enue Code of 1986 to permit the consolidation Social Security Act to provide for coverage 1142. A letter from the Director, Defense of life insurance companies with other com- of expanded nursing facility and in-home Security Cooperation Agency, Department of panies; to the Committee on Ways and services for dependent individuals under the Defense, transmitting a report authorizing Means. Medicare Program; to the Committee on En- the transfer of up to $100M in defense articles ergy and Commerce, and in addition to the By Mr. DEFAZIO (for himself and Mr. and services to the Government of Bosnia- Committee on Ways and Means, for a period SANDERS): Herzegovina, pursuant to Public Law 104— H.R. 910. A bill to amend the Public Health to be subsequently determined by the Speak- 107, section 540(c) (110 Stat. 736); jointly to Service Act to provide for emergency dis- er, in each case for consideration of such pro- visions as fall within the jurisdiction of the the Committees on International Relations tributions of influenza vaccine; to the Com- committee concerned. and Appropriations. mittee on Energy and Commerce. By Mr. FOLEY (for himself, Mr. SHAW, 1143. A letter from the Acting Chairman, By Mr. BARCIA (for himself, Mr. Mr. CUNNINGHAM, Mr. HILLEARY, Mr. National Transportation Safety Board, LAMPSON, Mr. CRAMER, Mrs. KELLY, BONILLA, Mr. HUNTER, Mr. STUMP, transmitting the Board’s appeal letter to the Mr. KNOLLENBERG, Mr. SANDLIN, Mr. Mr. COLLINS, Mr. DOOLITTLE, and Mr. Office of Management and Budget regarding PASTOR, Mr. ROYCE, Mr. PASCRELL, OSE): the initial determination of the fiscal year Ms. HOOLEY of Oregon, Mr. FROST, 2002 budget request; jointly to the Commit- H.R. 914. A bill to amend title III of the Mr. MCHUGH, Mr. FOLEY, Mr. Americans with Disabilities Act of 1990 to re- tees on Transportation and Infrastructure SHIMKUS, Mr. COMBEST, Ms. GRANGER, and Appropriations. quire, as a precondition to commencing a Mr. REYES, and Mr. SHAW): civil action with respect to a place of public H.R. 911. A bill to authorize the President f accomodation or a commercial facility, that to award a gold medal on behalf of the Con- an opportunity be provided to correct alleged gress to John Walsh in recognition of his REPORTS OF COMMITTEES ON violations; to the Committee on the Judici- outstanding and enduring contributions to ary. PUBLIC BILLS AND RESOLUTIONS the Nation through his work in the fields of By Mr. FOLEY (for himself, Mr. NEAL Under clause 2 of rule XIII, reports of law enforcement and victims’ rights; to the of Massachusetts, Mr. ENGLISH, Mr. Committee on Financial Services. committees were delivered to the Clerk KANJORSKI, Mr. CAMP, Mr. ARMEY, By Mr. DELAHUNT (for himself, Mr. for printing and reference to the proper Mr. MCGOVERN, and Mr. FROST): LAHOOD, Mr. CONYERS, Mr. BASS, Mr. H.R. 915. A bill to amend the Internal Rev- calendar, as follows: SCOTT, Mr. BOEHLERT, Mr. ABER- enue Code of 1986 to provide a tax credit for Mr. REYNOLDS: Committee on Rules. CROMBIE, Mrs. EMERSON, Mr. ALLEN, modifications to intercity buses required House Resolution 83. Resolution providing Mr. FOLEY, Mr. BALDACCI, Ms. HART, under the Americans with Disabilities Act of for consideration of the bill (H.R. 3) to Ms. BALDWIN, Mr. HOUGHTON, Mr. 1990; to the Committee on Ways and Means. amend the Internal Revenue Code of 1986 to BARRETT, Mr. KING, Ms. BERKLEY, Mr. By Mr. FRANK: reduce individual income tax rates (Rept. MCHUGH, Mr. BERMAN, Mrs. MORELLA, H.R. 916. A bill to amend the Internal Rev- 107–12). Referred to the House Calendar. Mr. BLUMENAUER, Mr. PETRI, Mr. enue Code of 1986 to correct the treatment of H740 CONGRESSIONAL RECORD — HOUSE March 7, 2001 tax-exempt financing of professional sports to the Committees on International Rela- addition to the Committee on the Budget, facilities; to the Committee on Ways and tions, and Financial Services, for a period to for a period to be subsequently determined Means. be subsequently determined by the Speaker, by the Speaker, in each case for consider- By Mr. GUTIERREZ (for himself, Mr. in each case for consideration of such provi- ation of such provisions as fall within the ju- SERRANO, Ms. BROWN of Florida, Mr. sions as fall within the jurisdiction of the risdiction of the committee concerned. BONIOR, Mr. FRANK, Mr. BLAGOJEVICH, committee concerned. By Ms. RIVERS: Mr. OWENS, Mr. CUMMINGS, Mr. By Mr. KELLER (for himself and Mr. H.R. 928. A bill to amend the Internal Rev- MCDERMOTT, Mr. FARR of California, EHLERS): enue Code of 1986 increase the income limita- Mr. CAPUANO, Mr. HILLIARD, Mr. H.R. 919. A bill to amend the Higher Edu- tion applicable to heads of household for pur- JACKSON of Illinois, Mr. MATSUI, Mr. cation Act of 1965 to provide scholarships to poses of the Hope and Lifetime Learning COSTELLO, Mr. MCNULTY, Mr. THOMP- students who have demonstrated proficiency credits and the interest deduction on edu- SON of Mississippi, Mr. RUSH, Ms. in mathematics and science courses before cation loans; to the Committee on Ways and VELAZQUEZ, Ms. JACKSON-LEE of graduating high school; to the Committee on Means. Texas, Mr. MCGOVERN, Mr. PAYNE, Education and the Workforce. By Mr. SHAYS: Mrs. MINK of Hawaii, Ms. By Mr. LAMPSON (for himself, Mr. H.R. 929. A bill to amend the Harmonized Tariff Schedule of the United States to pro- SCHAKOWSKY, Mr. EVANS, Ms. WA- FARR of California, Mr. RODRIGUEZ, vide separate subheadings for hair clippers TERS, Mr. WYNN, Mr. FILNER, Mr. Mr. DUNCAN, Mr. TURNER, Mr. GON- used for animals; to the Committee on Ways REYES, Ms. NORTON, Mr. STARK, Mr. ZALEZ, Mr. FROST, and Mrs. and Means. NADLER, Ms. MCKINNEY, Mr. FATTAH, MORELLA): By Mr. SUNUNU (for himself, Mr. Mr. CONYERS, Ms. BALDWIN, Mr. H.R. 920. A bill to establish the Federal WELLER, Mr. DEMINT, Mr. BARTLETT RODRIGUEZ, Mr. KUCINICH, Mr. Elections Review Commission to study the of Maryland, Mr. DOOLITTLE, Mr. GEORGE MILLER of California, Mr. nature and consequences of the Federal elec- TOOMEY, Mr. CALVERT, Mr. SHADEGG, JEFFERSON, Ms. WOOLSEY, Mr. toral process and make recommendations to Mr. OSE, Mr. BASS, Mr. FOLEY, Mr. MALONEY of Connecticut, Ms. LEE, ensure the integrity of, and public con- TANCREDO, Mr. SCHAFFER, Mr. CAN- Ms. PELOSI, Mr. STRICKLAND, Mr. fidence in, Federal elections; to the Com- NON, Mr. CHAMBLISS, Mr. GREEN of TOWNS, Ms. ROYBAL-ALLARD, Ms. mittee on House Administration. Wisconsin, Mr. COX, Mr. SOUDER, Mr. MILLENDER-MCDONALD, Mr. ORTIZ, By Mr. LEWIS of Kentucky: KOLBE, Mr. OTTER, Mr. KIRK, and Ms. Mr. BACA, Mr. CLAY, Mr. MOAKLEY, H.R. 921. A bill to amend the Internal Rev- HART): Mrs. JONES of Ohio, Mr. LIPINSKI, Mr. enue Code of 1986 to reduce the tax on vac- H.R. 930. A bill to modify the annual re- cines to 25 cents per dose; to the Committee ENGEL, Mr. HOEFFEL, Mrs. porting requirements of the Social Security on Ways and Means. CHRISTENSEN, Ms. KILPATRICK, Ms. Act, and for other purposes; to the Com- CARSON of Indiana, Mr. DEFAZIO, Mr. By Mrs. MINK of Hawaii: mittee on Ways and Means. H.R. 922. A bill to amend the Internal Rev- GONZALEZ, Mr. HINCHEY, Mrs. By Mr. TANCREDO (for himself, Mr. NAPOLITANO, Mr. PHELPS, Mr. BRADY enue Code of 1986 to reduce to age 21 the min- PAYNE, Mr. LANTOS, Mr. WOLF, Mr. of Pennsylvania, and Mr. GREEN of imum age for an individual without children WATTS of Oklahoma, Mr. PITTS, Mr. Texas): to be eligible for the earned income credit; CAMP, Mr. EVANS, Mr. WELDON of H.R. 917. A bill to provide for livable wages to the Committee on Ways and Means. Florida, Ms. PELOSI, Mr. MCNULTY, for Federal Government workers and work- By Mr. MORAN of Kansas (for himself, Mr. WHITFIELD, Mr. LEWIS of Ken- ers hired under Federal contracts; to the Mr. POMEROY, Mr. RILEY, Mr. THUNE, tucky, Ms. RIVERS, Mr. BISHOP, Mrs. Committee on Government Reform, and in Mr. GANSKE, Mr. SIMPSON, Mr. TAUSCHER, Mr. KUCINICH, Mr. NEAL of addition to the Committee on Education and MOORE, Mr. HINCHEY, Mr. KIND, Mr. Massachusetts, Ms. NORTON, Mr. DOO- the Workforce, for a period to be subse- ISTOOK, Mr. THORNBERRY, Mr. BEREU- LITTLE, Mr. LAMPSON, Mr. UPTON, Mr. quently determined by the Speaker, in each TER, Mr. JOHNSON of Illinois, Mr. case for consideration of such provisions as HEFLEY, and Mr. CLEMENT): HOSTETTLER, Mr. COMBEST, Mr. H.R. 931. A bill to facilitate famine relief fall within the jurisdiction of the committee MCHUGH, Mr. SESSIONS, and Mr. KEN- concerned. efforts and a comprehensive solution to the NEDY of Minnesota): war in Sudan; to the Committee on Inter- By Mr. HALL of Ohio (for himself, Mr. H.R. 923. A bill to amend the Internal Rev- national Relations. WOLF, Ms. MCKINNEY, Mr. RANGEL, enue Code of 1986 to exclude from net earn- By Mr. UDALL of Colorado (for himself Ms. DELAURO, Mr. EHLERS, Mr. LAN- ings from self-employment certain payments and Mr. WU): TOS, Mr. ABERCROMBIE, Mr. CAPUANO, under the conservation reserve program; to H.R. 932. A bill to provide scholarships for Mr. HALL of Texas, Ms. BALDWIN, Mr. the Committee on Ways and Means. scientists and engineers to become certified BENTSEN, Mr. BROWN of Ohio, Mr. By Mr. NEAL of Massachusetts (for as science, mathematics, and technology CROWLEY, Mr. EVANS, Mr. FRANK, Mr. himself, Mr. TIERNEY, Mr. MCGOVERN, teachers in elementary and secondary HILLIARD, Mr. LAHOOD, Mr. GEORGE Mr. CAPUANO, and Mr. MARKEY): schools; to the Committee on Science. MILLER of California, Mr. MOAKLEY, H.R. 924. A bill to amend the Internal Rev- By Ms. WATERS (for herself, Mrs. Mrs. MORELLA, Mr. NADLER, Ms. RIV- enue Code of 1986 to exclude from gross in- CHRISTENSEN, Ms. SCHAKOWSKY, Ms. ERS, Mr. SANDERS, Mr. SERRANO, Mr. come certain stipends paid as part of a State LEE, Mr. FRANK, Mr. BROWN of Ohio, CLAY, Mr. MEEKS of New York, Mr. program under which individuals who have Ms. PELOSI, Ms. JACKSON-LEE of MCGOVERN, Mr. FILNER, Mr. UDALL of attained age 60 perform essentially volunteer Texas, Mr. CONYERS, and Mr. SAND- Colorado, Mr. STARK, Ms. MILLENDER- services specified by the program; to the ERS): MCDONALD, Ms. PELOSI, Mr. SNYDER, Committee on Ways and Means. H.R. 933. A bill to require certain actions Mr. TANCREDO, Mr. COYNE, Mr. CON- By Mr. NEAL of Massachusetts (for with respect to the availability of HIV/AIDS YERS, Mr. PETERSON of Pennsylvania, himself, Mr. MOAKLEY, Mr. TIERNEY, pharmaceuticals and medical technologies in Mr. LARSEN of Washington, Mr. ACK- Mr. FRANK, Mr. MCGOVERN, Mr. developing countries, including sub-Saharan ERMAN, Mr. SABO, Mr. HINCHEY, Ms. CAPUANO, and Mr. MARKEY): African countries; to the Committee on CARSON of Indiana, Mr. WAXMAN, Mrs. H.R. 925. A bill to amend the Internal Rev- Ways and Means, and in addition to the Com- ROUKEMA, Mr. ENGEL, Mr. OLVER, Mr. enue Code of 1986 to exclude from gross in- mittee on International Relations, for a pe- MARKEY, Mr. CUMMINGS, Mr. come the value of certain real property tax riod to be subsequently determined by the FALEOMAVAEGA, Mr. MCDERMOTT, Mr. reduction vouchers received by senior citi- Speaker, in each case for consideration of ANDREWS, Mr. JEFFERSON, Mrs. zens who provide volunteer services under a such provisions as fall within the jurisdic- CHRISTENSEN, Mrs. CLAYTON, Mr. State program; to the Committee on Ways tion of the committee concerned. BAIRD, Ms. VELAZQUEZ, Mr. DOYLE, and Means. By Ms. JACKSON-LEE of Texas: Mr. FATTAH, Mr. JACKSON of Illinois, By Mr. NEAL of Massachusetts (for H.R. 934. A bill to amend title 5, United Mr. WYNN, Mr. TOWNS, Mr. FORD, Mr. himself, Mr. TIERNEY, Mr. FRANK, Mr. States Code, to establish election day in HASTINGS of Florida, Mrs. JONES of MCGOVERN, Mr. CAPUANO, Mr. OLVER, Presidential election years as a legal public Ohio, Mr. RUSH, Ms. BROWN of Flor- and Mr. MARKEY): holiday, and for other purposes; to the Com- ida, Mr. OWENS, Mrs. MEEK of Flor- H.R. 926. A bill to amend the Internal Rev- mittee on Government Reform. ida, Ms. JACKSON-LEE of Texas, Ms. enue Code of 1986 to clarify that employees By Mrs. NORTHUP (for herself, Mr. LEE, Mr. BISHOP, Ms. NORTON, Mr. of a political subdivision of a State shall not BONILLA, Mr. AKIN, Mr. BACHUS, Mr. SMITH of New Jersey, Mr. DELAHUNT, loose their exemption from the hospital in- BALLENGER, Mr. BARR of Georgia, Mr. Ms. WATERS, Mr. LUTHER, Mr. PAYNE, surance tax by reason of the consolidation of BLUNT, Mr. BOEHNER, Mr. BUYER, Mr. Mr. CLYBURN, and Mr. MEEHAN): the subdivision with the State; to the Com- CANTOR, Mr. COLLINS, Mrs. CUBIN, Mr. H.R. 918. A bill to prohibit the importation mittee on Ways and Means. CULBERSON, Mr. CUNNINGHAM, Mr. of diamonds unless the countries exporting By Mr. OBEY (for himself, Mr. MORAN DELAY, Mr. DOOLITTLE, Mr. HASTINGS the diamonds into the United States have in of Virginia, and Mr. FRANK): of Washington, Mr. HERGER, Mr. place a system of controls on rough dia- H.R. 927. A bill to provide for a tax reduc- HILLEARY, Mr. ISTOOK, Mr. SAM JOHN- monds, and for other purposes; to the Com- tion in the case of low economic growth; to SON of Texas, Mr. KELLER, Mr. MIL- mittee on Ways and Means, and in addition the Committee on Ways and Means, and in LER of Florida, Mr. NORWOOD, Mr. March 7, 2001 CONGRESSIONAL RECORD — HOUSE H741

PAUL, Mr. RAMSTAD, Mr. PORTMAN, Committee on Transportation and Infra- SLAUGHTER, Mr. RUSH, Mr. TAYLOR of North Mr. SCHAFFER, Mr. SKEEN, Mr. structure. Carolina, Mr. SPENCE, Mr. HOBSON, Mr. TANCREDO, Mr. TAYLOR of North PLATTS, Mr. FARR of California, Mr. SNYDER, f Carolina, Mr. WAMP, and Mr. GOOD- Mr. SHOWS, Mr. CAPUANO, Mr. GALLEGLY, Mr. LATTE): ADDITIONAL SPONSORS HOEFFEL, Mr. JONES of North Carolina, Mr. H.J. Res. 35. A joint resolution dis- MCDERMOTT, Mr. COYNE, Mr. KLECZKA, and approving the rule of the Occupational Safe- Under clause 7 of rule XII, sponsors Ms. MILLENDER-MCDONALD. ty and Health Administration relating to were added to public bills and resolu- H.R. 499: Mr. SHAYS. ergonomics; to the Committee on Education tions as follows: H.R. 513: Mr. SOUNDER, Mr. TAYLOR of and the Workforce. H.R. 24: Mr. GOODLATTE. North Carolina, and Mr. BRADY of Pennsyl- By Mr. SCHIFF (for himself, Mr. GIL- H.R. 25: Mr. HINCHEY and Mr. LANTOS. vania. MAN, Mr. LANTOS, Mr. ROHRABACHER, H.R. 28: Mr. UDALL of Colorado and Mr. H.R. 527: Mr. ENGLISH, Mr. HOUGHTON, Mr. Mr. ACKERMAN, Mr. ENGLISH, Mr. GUTIERREZ. WAMP, Mr. DUNCAN, and Mr. RYUN of Kansas. BERMAN, Mr. SIMMONS, Mr. ENGEL, H.R. 42: Mr. SOUDER. H.R. 544: Ms. RIVERS, Mr. MCNULTY, Ms. Mr. BONIOR, Mr. DAVIS of Florida, Ms. H.R. 51: Mr. CALVERT, Mr. UNDERWOOD, Mr. PELOSI, Ms. HOOLEY of Oregon, Ms. MCKIN- BALDWIN, Ms. PELOSI, Mr. OLVER, Mr. STRICKLAND, Mr. GILCHREST, Mr. SMITH of NEY, Mr. ABERCROMBIE, Mr. SOUDER, Mr. JEF- FARR of California, Mr. STARK, Ms. New Jersey, and Mr. ISAKSON. FERSON, Mr. CUMMINGS, Mr. CAPUANO, Ms. KAPTUR, Mr. MCDERMOTT, Mr. CLEM- H.R. 65: Mr. LEWIS of Kentucky. NORTON, Mr. BLAGOJEVICH, Ms. SCHAKOWSKY, ENT, Mr. MCNULTY, Mr. DICKS, and H.R. 68: Mr. MOORE and Mr. WHITFIELD. Mr. WAXMAN, Mr. DAVIS of Illinois, Mrs. Ms. MCCOLLUM): H.R. 80: Mr. RUSH and Mr. STEARNS. JONES of Ohio, Ms. VELA´ ZQUEZ, Mr. H. Con. Res. 52. Concurrent resolution con- H.R. 82: Mr. RUSH. MCDERMOTT, Mr. STARK, and Mr. GUTIERREZ. demning the destruction of pre-Islamic stat- H.R. 99: Mr. NORWOOD and Mr. HEFLEY. H.R. 548: Mr. GOODE, Mr. TURNER, Mr. KEL- ues in Afghanistan by the Taliban regime; to H.R. 100: Mr. WELDON of Pennsylvania, Mr. LER, and Mr. DAVIS of Florida. the Committee on International Relations. WOLF, and Mr. COX. H.R. 557: Mr. ENGLISH. By Mr. BALDACCI: H.R. 101: Mr. WELDON of Pennsylvania, Mr. H.R. 570: Mrs. MORELLA, Mr. WAMP, and Mr. H. Con. Res. 53. Concurrent resolution di- WOLF, and Mr. COX. BOEHLERT. recting the Clerk of the House of Representa- H.R. 102: Mr. WELDON of Pennsylvania, Mr. H.R. 577: Mr. WAMP. tives and the Secretary of the Senate to WOLF, and Mr. COX. H.R. 590: Ms. WOOLSEY. compile and make available to the public the H.R. 103: Mr. ISSA. H.R. 594: Mr. MCDERMOTT and Ms. names of candidates for election to the H.R. 105: Mr. STUMP, Mr. PETERSON of LOFGREN. House of Representatives and the Senate Pennsylvania, Mr. OTTER, Mr. NORWOOD, and H.R. 606: Mr. PASCRELL, Mr. ISRAEL, Mr. who agree to conduct campaigns in accord- Mr. LEWIS of Kentucky. SESSIONS, and Mr. FRELINGHUYSEN. ance with a Code of Election Ethics; to the H.R. 115: Mr. CUNNINGHAM. H.R. 609: Ms. WOOLSEY. Committee on House Administration. H.R. 116: Mr. PAYNE, Mrs. CHRISTENSEN, H.R. 611: Ms. WOOLSEY, Mr. WU, and Mr. By Mr. CHAMBLISS (for himself, Mr. Mr. RUSH, Mr. SAWYER, Mr. BARCIA, and Mr. SANDERS. YOUNG of Alaska, Mr. NORWOOD, Mr. BONIOR. H.R. 612: Mr. PASCRELL, Ms. ROYBAL-AL- ROSS, Mr. DEAL of Georgia, Mr. H.R. 117: Mr. BONIOR. LARD, Mr. HUTCHINSON, Mr. SHAYS, and Ms. RILEY, Mr. PICKERING, Mr. GRAHAM, H.R. 123: Mr. JONES of North Carolina. RIVERS. Mr. SHOWS, Mr. BISHOP, Mr. COBLE, H.R. 129: Mrs. JO ANN DAVIS of Virginia. H.R. 613: Mr. GREEN of Texas, Mr. ORTIZ, Mr. REHBERG, Mr. NETHERCUTT, Mr. H.R. 134: Mr. GREEN of Wisconsin and Ms. and Mr. ROEMER. CALLAHAN, Mr. PETERSON of Pennsyl- WOOLSEY. H.R. 634: Ms. CARSON of Indiana, Mr. vania, Mr. LEWIS of Georgia, Mrs. H.R. 143: Mr. BARRETT, Mr. STUPAK, Mr. FROST, Mr. BALDACCI, Mr. FLAKE, Mr. CUBIN, Mr. GARY MILLER of Cali- CONYERS, Mr. VISCLOSKY, Mr. RAMSTAD, Mr. SOUDER, Mr. SMITH of New Jersey, Mr. fornia, and Mr. BALDACCI): BONIOR, Mr. BROWN of Ohio, and Mr. PETRI. FLETCHER, Mr. HAYES, Mr. REYNOLDS, Mr. H. Con. Res. 54. Concurrent resolution ex- H.R. 219: Mr. LAHOOD. TOOMEY, Ms. PRYCE of Ohio, and Mr. HERGER. pressing the sense of Congress regarding the H.R. 267: Mr. CANNON, Mr. ROSS, and Mr. H.R. 668: Mr. ISAKSON, Ms. RIVERS, Ms. importation of unfairly traded Canadian TIBERI. DELAURO, Ms. NORTON, Mr. EVANS, Mr. ABER- lumber; to the Committee on Ways and H.R. 281: Mr. GOODE, Mr. COYNE, Ms. ROS- CROMBIE, Mr. TRAFICANT, and Ms. HART. Means. LEHTINEN, Mr. SMITH of New Jersey, Mr. H.R. 680: Mr. BONIOR. By Mrs. TAUSCHER (for herself, Mr. QUINN, Mr. CAPUANO, Mrs. KELLY, Mr. TOWNS, H.R. 681: Ms. ROYBAL-ALLARD. HOUGHTON, Mr. ROEMER, Mr. UPTON, Mr. WELLER, Mr. ENGEL, Mr. LAHOOD, and H.R. 683: Mr. GUTIERREZ, Mr. LANTOS, and Mr. KIND, Mr. CASTLE, Mr. DAVIS of Mr. BRADY of Pennsylvania. Mr. LAMPSON. Florida, Mr. GREENWOOD, Mr. FORD, H.R. 285: Ms. HOOLEY of Oregon, Ms. H.R. 688: Ms. CARSON of Indiana. Mr. MORAN of Virginia, Mr. ISRAEL, MILLENDER-MCDONALD, Ms. JACKSON-LEE of H.R. 710: Mrs. JO ANN DAVIS of Virginia, and Ms. SANCHEZ): Texas, Mr. MCDERMOTT, and Mr. FRANK. Mr. MCHUGH, Mr. LANTOS, Mr. COSTELLO, Mr. H. Con. Res. 55. Concurrent resolution to H.R. 292: Ms. HOOLEY of Oregon. WOLF, Mr. ETHERIDGE, Mr. NEY, and Mr. express the sense of Congress regarding the H.R. 303: Ms. SCHAKOWSKY, Mr. LEWIS of ROSS. use of a safety mechanism to link long-term Kentucky, Mrs. MALONEY of New York, and H.R. 713: Mr. WYNN and Ms. CARSON of Indi- Federal budget surplus reductions with ac- Mr. SUNUNU. ana. tual budgetary outcomes; to the Committee H.R. 336: Mr. FROST. H.R. 716: Mr. STEARNS, Mr. REYNOLDS, and on the Budget. H.R. 356: Mr. LAHOOD and Mr. FILNER. Mr. HAYWORTH. By Mr. WELLER: H.R. 361: Mr. FATTAH. H.R. 744: Mr. ABERCROMBIE and Ms. PRYCE H. Con. Res. 56. Concurrent resolution ex- H.R. 365: Mr. BAIRD. of Ohio. pressing the sense of the Congress regarding H.R. 384: Mr. WALSH. H.R. 755: Mr. SCHAFFER, Mr. GONZALEZ, National Pearl Harbor Remembrance Day; to H.R. 425: Mr. FATTAH. Mrs. TAUSCHER, Mr. FRANK, Mr. PAYNE, and the Committee on Government Reform. H.R. 428: Ms. HOOLEY of Oregon, Mr. OXLEY, Mr. SIMMONS. By Mr. THUNE: H. Res. 82. A resolution designating major- Mr. BAKER, Mr. LAMPSON, Mr. PETERSON of H.R. 770: Mr. MEEKS of New York and Ms. ity membership on certain standing commit- Minnesota, Mr. STENHOLM, Mr. UNDERWOOD, BALDWIN. tees of the House; considered and agreed to. Mr. BARTLETT of Maryland, Ms. CARSON of H.R. 821: Mr. BALLENGER, Mr. BURR of By Mr. NEY: Indiana, Mr. HALL of Texas, Mrs. NORTHUP, North Carolina, Mrs. CLAYTON, Mr. HAYES, H. Res. 84. A resolution providing for the Mr. KENNEDY of Rhode Island, Mr. CROWLEY, Mr. JONES of North Carolina, Mr. ETHERIDGE, expenses of certain committees of the House Mr. REYES, Mr. BONIOR, Mr. CANNON, and Mr. Mr. MCINTYRE, Mrs. MYRICK, Mr. PRICE of of Representatives in the One Hundred Sev- SWEENEY. North Carolina, Mr. TAYLOR of North Caro- enth Congress; to the Committee on House H.R. 435: Mr. DEAL of Georgia, Mr. BURR of lina, and Mr. WATT of North Carolina. Administration. North Carolina, Mr. GREEN of Wisconsin, Mr. H.R. 823: Mr. RANGEL. CLEMENT, Mr. LEWIS of Kentucky, and Mr. H.R. 862: Mr. GALLEGLY and Mr. GUTIER- f SESSIONS. REZ. PRIVATE BILLS AND H.R. 460: Ms. CARSON of Indiana and Mr. H.R. 876: Mr. MCINNIS and Mr. SHAW. RESOLUTIONS PAYNE. H.R. 877: Mr. WAMP. H.R. 488: Mr. HOLT, Mr. LUTHER, Mr. H.R. 886: Ms. HART and Mrs. JONES of Ohio. Under clause 3 of rule XII, PASCRELL, Mr. ENGEL, Ms. ESHOO, and Ms. H.R. 887: Mr. PASCRELL and Ms. HART. Mr. GRAHAM introduced a bill (H.R. 935) MILLENDER-MCDONALD. H.R. 891: Mrs. MINK of Hawaii. to authorize the Secretary of Transporation H.R. 496: Mr. DOOLITTLE. H.J. Res. 8: Mr. KELLER and Mr. WAMP. to issue a certificate of documentation with H.R. 497: Mr. SCHAFFER and Mr. HEFLEY. H.J. Res. 20: Mrs. JO ANN DAVIS of Virginia appropriate endorsement for employment in H.R. 498: Mr. LATHAM, Mr. BAKER, Mr. and Mr. RILEY. the coastwise trade and fisheries for the CHABOT, Mr. LARSON of Connecticut, Mr. PE- H. Con. Res. 17: Ms. SCHAKOWSKY, Mr. vessell Tokeena; which was referred to the TERSON of Pennsylvania, Mr. SKELTON, Ms. MCGOVERN, Ms. RIVERS, Mr. DOGGETT, Ms. H742 CONGRESSIONAL RECORD — HOUSE March 7, 2001

PELOSI, Mr. MATSUI, Ms. MCCARTHY of Mis- Mr. SCHROCK, Mr. KIRK, Mr. PITTS, Mr. MAN- Mr. PAYNE, Mrs. TAUSCHER, Mr. ABER- souri, Mr. RANGEL, Mr. CLAY, Mr. NADLER, ZULLO, Mr. FLAKE, Mr. OSBORNE, Mr. GIB- CROMBIE, Mrs. MORELLA, Mr. MCDERMOTT, Mr. MCDERMOTT, Mr. ALLEN, Mr. WEXLER, BONS, Mr. FLETCHER, and Mr. SAM JOHNSON of Mr. FILNER, Mr. SERRANO, Ms. NORTON, Mr. Mr. SHERMAN, Mr. BRADY of Pennsylvania, Texas. BACA, Ms. DELAURO, Mr. DAVIS of Florida, and Mrs. HARMAN. H. Con. Res. 41: Mr. MCGOVERN, Mr. SMITH and Mr. TOWNS. H. Con. Res. 23: Mr. CALVERT and Mr. of New Jersey, Mr. LEACH, Mr. ROHRABACHER, H. Res. 23: Mr. BRADY of Pennsylvania, Mr. LEWIS of Kentucky. and Mr. DAVIS of Florida. REYES, and Mr. HOLDEN. H. Con. Res. 25: Mr. ENGLISH and Mr. H. Con. Res. 47: Mr. SCARBOROUGH. H. Res. 26: Ms. MCKINNEY, Mr. BRADY of FOSSELLA. H. Res. 18: Ms. JACKSON-LEE of Texas, Ms. Pennsylvania, Mr. STARK, and Mr. MCGOV- H. Con. Res. 26: Mrs. BONO. VELA´ ZQUEZ, Mr. BONIOR, Ms. KAPTUR, Mr. LA- ERN. H. Con. Res. 30: Mr. FOSSELLA, Mr. GILMAN, FALCE, Mr. LEWIS of Georgia, Mrs. H. Res. 48: Mr. NADLER and Mr. SMITH of Mr. SENSENBRENNER, Mr. RYUN of Kansas, NAPOLITANO, Mr. BRADY OF PENNSYLVANIA, New Jersey. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, MARCH 7, 2001 No. 29 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING leader give us some indication as to called to order by the Honorable PRESIDENT PRO TEMPORE how he can work with us regarding to- GEORGE ALLEN, a Senator from the The PRESIDING OFFICER. The morrow afternoon. They want to leave State of Virginia. clerk will please read a communication sometime tomorrow afternoon, if pos- to the Senate from the President pro sible. We may have the ability, because of all the many amendments being PRAYER tempore (Mr. THURMOND). The legislative clerk read the fol- talked about to be offered, to debate a The Chaplain, Dr. Lloyd John lowing letter: number of these tomorrow, maybe even Friday. If that is not possible, the Sen- Ogilvie, offered the following prayer: U.S. SENATE, ators want to know so they can rear- Gracious Father, we need You. It is PRESIDENT PRO TEMPORE, range their travel plans. not for some specific blessing we ask Washington, DC, March 7, 2001. Mr. NICKLES. I appreciate the com- but for the greatest of all blessings, the To the Senate: Under the provisions of rule I, paragraph 3, ments of my colleague and friend. We one from which all others flow. We dare of the Standing Rules of the Senate, I hereby want to be cooperative with Members to ask You for a renewal of the wonder- appoint the Honorable GEORGE ALLEN, a Sen- on both sides. We also want to finish ful friendship that makes the conversa- ator from the State of Virginia, to perform the bankruptcy bill. I will work with tion we call prayer a natural give-and- the duties of the Chair. the Senator from Nevada to see if we take, a divine dialog. In this sacred STROM THURMOND, can coordinate schedules and amend- moment, we open ourselves to receive President pro tempore. ments and bring the bill to a close in this gift of divine companionship with Mr. ALLEN thereupon assumed the the not too distant future and also fa- You. Why is it that we are so amazed chair as Acting President pro tempore. cilitate the trip to Colombia which is that You know us better than we know f an important trip as well. ourselves? Show us what we need to Mr. President, I suggest the absence ask of You so that You can dem- RECOGNITION OF THE ACTING of a quorum. onstrate Your generosity once again. MAJORITY LEADER The ACTING PRESIDENT pro tem- Open our minds so that we may see The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. ourselves, our relationships, our work, pore. The Senator from Oklahoma. The legislative clerk proceeded to the Senate, and our Nation from Your f call the roll. perspective. Reveal to us Your prior- Mr. BIDEN. Mr. President, I ask ities, Your plan. We spread out before SCHEDULE unanimous consent that the order for You our problems and perplexities. Mr. NICKLES. Mr. President, today the quorum call be rescinded. Help us to listen attentively to the an- the Senate will be in a period for morn- The ACTING PRESIDENT pro tem- swers that You will give. We ask You ing business until 11:30 a.m. Following pore. Without objection, it is so or- to be our unseen but undeniable morning business, the Senate will re- dered. Friend. Place Your hand on our shoul- sume consideration of the Bankruptcy Before the Chair recognizes the Sen- ders at our desks, in meetings, and es- Reform Act. Amendments to the bill ator from New York, the Chair will pecially here in this historic Chamber. will be offered during today’s session. state what the order of events will be May our communion with You go deep- Those Members with amendments this morning. er as the day unfolds. This is the day should work with the bill managers in You have made; we will rejoice and be an effort to finish the bill in a timely f glad in it.—Psalm 118:24. Amen. manner. Senators will be notified as votes are scheduled. I thank my col- RESERVATION OF LEADER TIME f leagues for their cooperation. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. Under the previous order, the PLEDGE OF ALLEGIANCE pore. The Senator from Nevada. leadership time is reserved. Mr. REID. Mr. President, I want to The Honorable GEORGE ALLEN led the direct a question to the assistant ma- f Pledge of Allegiance, as follows: jority leader. There is an important MORNING BUSINESS I pledge allegiance to the Flag of the mission this week to Colombia. There United States of America, and to the Repub- are a number of Senators and a number The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, of Members from the House traveling pore. Under the previous order, there indivisible, with liberty and justice for all. to Colombia. I ask that the majority will now be a period for the transaction

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

S1915

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VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.000 pfrm08 PsN: S07PT1 S1916 CONGRESSIONAL RECORD — SENATE March 7, 2001 of morning business not to extend be- Post article today, suggesting this ad- But maybe, just maybe, things are yond the hour of 11:30 a.m., with Sen- ministration was going to pursue the beginning to change. ators permitted to speak therein for up possibilities of a better relationship The United States should end our to 10 minutes. with North Korea and was going to ‘‘prevent defense’’ and go on the offen- Under the previous order, the Sen- leave nothing on the table. I was sive to advance our vital interests— ator from New York, Mrs. CLINTON, is slightly dismayed to read of an in- particularly the dismantlement of recognized to speak for up to 15 min- formed source in the administration North Korea’s long-range missile pro- utes. who chose not to be identified, dem- gram. Now is not the time for lengthy Mrs. CLINTON. I thank the Chair. onstrating a great deal more of what policy reviews or foot-dragging on ex- (The remarks of Mrs. CLINTON per- seemed to me in the article to be not isting commitments. Now is the time taining to the introduction of S. 476 are only skepticism, which I share about to forge ahead and test North Korea’s located in today’s RECORD under the intentions of North Korea, but will- commitment to peace. ‘‘Statements on Introduced Bills and ingness to pursue vigorously the possi- A few weeks ago what had been un- Joint Resolutions.’’) bilities of further negotiations. Hope- thinkable—the opening of direct rail Mr. BIDEN. I ask unanimous consent fully, I am misreading that unidenti- transport across the DMZ—became a to proceed in morning business for up fied highly placed administration offi- near term achievable objective. The to 15 minutes. cial. militaries of North and South Korea The ACTING PRESIDENT pro tem- In my view, there is only one correct will soon begin to reconstruct the rail pore. Under the previous order, the answer and that is the one Secretary links connecting Seoul not only to Senator from Delaware, Mr. BIDEN, is Powell has indicated today. For it Pyongyang, but also to China, Russia, recognized to speak up to 15 minutes. would be irresponsible not to explore to and Western Europe. discover whether North Korea is pre- f I remember vividly the moment when pared to abandon its pursuit of long- the people of East and West Berlin de- NORTH KOREA range missiles in response to a serious cided to tear down the Berlin Wall. Mr. BIDEN. Mr. President, I rise proposal from the United States, our The Berlin Wall had become a true today to talk about the situation in friends, and our allies. anachronism: a graffiti-strewn relic of North Korea confronts the United North Korea. Today President Kim a morally, politically, and economi- States with a number of security chal- Dae-jung of South Korea is meeting cally bankrupt Soviet regime. Once the lenges. North Korea maintains a huge with President Bush as part of his offi- East German people had torn down the army of more than 1 million men and cial state visit. His visit occurs against ideological walls in their own minds, women in uniform, about 5 percent of a hopeful backdrop of the third round tearing down the concrete was a piece its entire population. Many of that of family reunions on the divided Ko- of cake. army are poised on the South Korean rean peninsula. Fathers are greeting The people of North and South Korea border. The threat that North Korea their grownup sons; sisters are hugging are not there yet. But the walls are opposes extends well beyond the Ko- their sisters they haven’t seen for a under siege. The establishment of di- rean peninsula. Its Nodong missile can generation. Grandmothers are meeting rect rail links will represent a major their grandchildren who they have not only strike all of South Korea but can also threaten our ally, Japan. breach in the walls of fear, insecurity, never met. and isolation which have built up over Tomorrow the distinguished chair- North Korea sells those same missiles to anyone who has the cash to buy the past 50 years. man of the Senate Foreign Affairs Last October, I spoke to this body them. North Korean missile exports to Committee and I will host the Presi- Iran and Pakistan have guaranteed, about testing North Korea’s willing- dent of South Korea for coffee here on unfortunately, that any future war in ness to abandon its pursuit of weapons Capitol Hill. Kim’s visit will give us a the Middle East or South Asia will be of mass destruction. At that time, I chance to renew the close bonds forged even more dangerous and more destruc- pointed to some of the hopeful signs in blood in the common struggle tive than past conflicts in that region. that North Korea was interested in im- against the forces of oppression which North Korean missiles and the very proving its relations with its neigh- unite our people in the United States real concern that North Korea might bors—a missile launch moratorium and South Korea. even build longer range missiles capa- now more than 2 years old, summit I rise today to talk a little bit about ble of striking the United States are a meetings with South Korea, Russia, the Korean peninsula and the impor- driving force behind our plans to build and China, and the first tentative steps tant role the United States can play in a national missile defense system. toward economic reform. concert with our South Korean allies If we can remove that threat, that is, I attributed these North Korean ac- and other friends to help build lasting the threat from North Korea long- tions to the ‘‘Sunshine Policy’’ crafted peace on that peninsula. range missile possibility, the impact by South Korean President Kim Dae- Yesterday the New York Times pub- will be huge, not only on the security jung, and to the hard-headed engage- lished an article by veteran defense of Northeast Asia but also on our own ment strategy implemented by former correspondent Michael Gordon which defense strategy as we debate how best Secretary of Defense William Perry on suggests that a missile deal with North to deal with our vulnerability to weap- behalf of the Clinton administration. Korea may have been within reach last ons of mass destruction. Since last fall, evidence has mounted year. As fascinating as this rendition For most of the past 50 years, U.S. steadily that North Korea’s leader Kim of events was and as fascinating as the soldiers of the 2d Infantry Division Jong-il has indeed decided that nothing policies were, we now have a new Presi- have looked north from their positions short of a major overhaul of his eco- dent. The failure or the judgment to along the DMV at North Korean adver- nomic system and diplomatic relations not proceed with negotiations into the saries that appeared unchanging—a is likely to pull his country back from month of January of this year on the hermit kingdom, locked in a Stalinist the brink of starvation and economic part of the new President is in fact at time warp. Indeed, 2 or 3 years ago if I collapse. this moment irrelevant. We have a new had spoken to the American people In addition to the progress on rail President and a new administration. about landmines, the 38th parallel, and links, here are some of the other recent The question squarely now is not the armies of North and South Korea, developments: whether President Clinton should have it would have been to discuss the latest North Korea has expanded coopera- gone to North Korea; the question is northern incursion along what remains tion to search for the remains of Amer- whether this administration, the Bush the most heavily armed border in the icans missing in action from the Ko- administration, is going to build on the world. The troops of the 2d Infantry Di- rean war. Uniformed U.S. military per- progress made over the past 5 years vision are still standing shoulder to sonnel are working along side their since we narrowly averted a nuclear shoulder with our South Korean allies. North Korean counterparts, searching showdown on the Korean peninsula. The landmines are still there. And the rice paddies, often in remote areas, I was pleased to see Secretary of much of the tension along the DMZ re- in an effort to solve 50-year-old mys- State Powell quoted in a Washington mains unabated, at least for now. teries.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.009 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1917 The North has continued modest I want to be clear about why I find dresses political, economic, and security steps to allow family reunions across these developments so promising. I am concerns, is reciprocal, and does not come at the DMZ, exposing people from the not a fan of Kim Jong-il. No one should the expense of our alliance relationships. North to the quality of life enjoyed by think that his motives are noble or hu- This is precisely the kind of engage- their brothers and sisters in the South. manitarian. ment I have in mind. I think we should More than 300 families have enjoyed re- Over the years, Kim Jong-il has get on with it. union visits, and more are scheduled. shown himself willing to go to any North Korea knows that under our The North has toned down its cus- length—including state-sponsored ter- nonproliferation laws it cannot gain tomary harsh rhetoric about the U.S. rorism—to preserve his regime. unfettered access to trade, investment, and South Korea, substituting a steady I have no reason to believe he has and technology without first halting diet of editorials outlining the North’s abandoned his love of dictatorship in its development and export of long- plans to make economic revitalization favor of constitutional democracy. Far range ballistic missile technology and its top priority. from it. submitting its nuclear program to full- North Korea for the first time last Kim Jong-il is betting that he can scope safeguards under the auspices of November opened its food distribution emerge from a process of change at the the International Atomic Energy Agen- system to South Korean inspection and head of a North Korean society that is cy. also provided a detailed accounting of more prosperous, stable, and militarily North Korea knows it won’t get food aid distribution. capable than it is today, but still a dic- World Bank loans as long as it remains North and South Korea have held de- tatorship. on our list of nations that condone fense talks at both the ministerial But frankly, the reasons why Kim international terrorism or provide level and subsequently at the working Jong-il is pursuing economic reform sanctuary for terrorists. In order to get level, and have agreed, at the urging of and diplomatic opening are not as im- off that list, North Korea must end all South Korea, to improve military to portant as the steps he will have to support for terrorist organizations and military communications. This is the take along the way. must cooperate fully with the Japanese If North Korea’s opening is to suc- first step toward confidence building government to resolve the question of ceed, the North will have to address measures that can reduce the likeli- Japanese citizens abducted from many of the fundamentals which make Japan—some more than 20 years ago. hood that a relatively minor incident it so threatening—especially the gross along the DMZ might escalate into In other words, Mr. President, if distortion of its domestic spending pri- North Korea is to turn around its mori- war. orities in favor of the military. The North and South have established an bund economy and fully normalize re- North cannot revitalize its economy lations with its neighbors, it will have economic cooperation panel and while spending 25 percent of its gross to take steps which are demonstrably launched a joint study of North Korea’s domestic product on weaponry. in our national interest and in the na- energy needs. The North cannot obtain meaningful, tional interests of our allies. North and South Korean flood con- sustained foreign investment without We should do everything in our power trol experts met last month in addressing the lack of transparency in to ensure that North Korea does not di- Pyongyang for talks on cooperation in its economy as well as the absence of verge from the path it is now on. efforts along the Imjin River, which laws and institutions to protect inves- Specifically, we should continue to crosses the border between the two tors and facilitate international trade. provide generous humanitarian relief countries. North Korea’s pursuit of economic to starving North Korean children. The North Koreans have dispatched a reform and diplomatic opening pre- Nothing about the situation on the pe- team of financial experts to Wash- sents the United States with a golden ninsula will be improved by the suf- ington to examine what it would take opportunity, if we are wise enough to fering of North Korean children racked for North Korea to earn support from seize it. international financial institutions We should welcome the emergence of by hunger and disease. once it has taken the steps necessary North Korea from its shell not because We should continue to abide by the to satisfy U.S. anti-terrorism laws. North Korea’s motives are benign, but terms of the Agreed Framework, so And, as I mentioned above, the North because we have a chance, in concert long as North Korea does the same. We has not test-fired a missile for more with our allies, to shape its trans- should not unilaterally start moving than 21⁄2 years, and has pledged not to formation into a less threatening coun- the goal posts. The Agreed Framework do so while negotiations with the try. has effectively capped the North’s abil- United States on the North’s missile If we play our cards right, North Ko- ity to produce fissile material with program continue. rea’s opening can lead to a less author- which to construct nuclear weapons. Five years ago when people spoke of itarian regime that is more respectful Under the terms of Agreed Framework, ‘‘North Korean offensives,’’ they were of international norms—all without North Korea placed its nuclear pro- referring to the threat of a North Ko- any shots being fired in anger. gram under International Atomic En- rean assault across the DMZ. I point out, a number of old Com- ergy Agency safeguards and halted Today, Kim Jong-il is mounting an munist dictators had thought they work on two unfinished heavy water offensive, but it is a diplomatic and could move in an easy transition from nuclear reactors in exchange for the economic offensive, not a military one. the Communist regime that has clearly promise of proliferation-resistant light Over the past 12 months, North Korea failed to a market economy, or inte- water nuclear reactors and heavy fuel has established diplomatic relations gration with the rest of the world, and oil deliveries for electric power genera- with almost all of the nations of West- still maintain their power. tion. Without the Agreed Framework, ern Europe. Planning is underway for None, none—none has succeeded thus North Korea might already have suffi- an unprecedented trip by Kim Jong-il far. I believe it is an oxymoron to sug- cient fissile material with which to to Seoul to meet with President Kim gest that North Korea can emerge and construct dozens of nuclear bombs. Dae-jung later this year. become an engaged partner in world MISSILE AGREEMENT POSSIBLE—PATIENCE Finally, Kim Jong-il’s has publicly trade without having to fundamentally REQUIRED embraced China’s model of economic change itself and in the process, I be- Finally, Mr. President, we should en- reform. His celebrated January visit to lieve, end up a country very different gage North Korea in a serious diplo- Shanghai and his open praise of Chi- from what we have now. matic effort aimed at an iron-clad nese economic reforms indicates that I am delighted that Secretary Powell agreement to end forever the North’s Kim is driving North Korea toward a has expressed his support for this hard- pursuit of long range missiles. future in which it would be more close- headed brand of engagement with In discussions with U.S., Russian, ly integrated economically and politi- North Korea. As he testified before the and Chinese officials, North Korea has cally to the rest of East Asia and the Senate Foreign Relations Committee signaled its willingness to give up the world. last month: export, and possibly the development, What are we to make of all of this? We are open to a continued process of en- of long-range missiles, in response to How should we respond? gagement with the North so long as it ad- the right package of incentives. Such

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.002 pfrm08 PsN: S07PT1 S1918 CONGRESSIONAL RECORD — SENATE March 7, 2001 an agreement would remove a direct Foreigners increasingly are free to matically in recent years. U.S. exports North Korean threat to the region and travel widely in the country and talk to Southeast Asia, for instance, sur- improve prospects for North-South rec- to average North Koreans without gov- pass our exports to Germany and are onciliation. It would also remove a ernment interference. North Korea has double our exports to France. U.S. di- major source of missiles and missile even begun to issue tourist visas. The rect investment in East Asia now tops technology for countries such as Iran. presence of foreigners in North Korea $150 billion, and has tripled over the Getting an agreement will not be is gradually changing North Korean at- past decade. easy, but it helps a lot that we are not titudes about South Korea and the And of course these are just a few of the only country which would benefit West. the raw economic realities which un- from the dismantlement of North Ko- One American with a long history of derscore East Asia’s importance. The rea’s missile program. Our allies South working in North Korea illustrated the United States has important humani- Korea and Japan, our European allies change underway by describing an im- tarian, environmental, energy, and se- who already provide financial support promptu encounter he had recently. curity interests throughout the region. for the Agreed Framework, the Chi- While he was out on an unescorted We have an obligation, it seems to nese, the Russians, all share a desire to morning walk, a North Korean woman me, not to drop the ball. We have a see North Korea devote its meager re- approached him and said, ‘‘You’re not a vital interest in maintaining peace and sources to food, not rockets. The only Russian, are you? You’re a Miguk Nom stability in East Asia. We have good countries which want to see North aren’t you?’’ friends and allies—like President Kim Korea building missiles are its disrepu- Her expression translates roughly Dae Jung of South Korea—who stand table customers. into ‘‘You’re an American imperialist ready to work with us toward that A tough, verifiable agreement to bastard, eh?’’ goal. It is vital that we not drop the eliminate the North’s long-range mis- The American replied good- ball; miss an opportunity to end North sile threat might be possible in ex- naturedly, ‘‘Yes, I am an American im- Korea’s deadly and destabilizing pur- change for reasonable U.S. assistance perialist bastard.’’ suit of long range missiles. I don’t that would help North Korea feed itself To which the woman replied quite know that an agreement can be and help convert missile plants to sincerely, ‘‘Thanks very much for the reached. In the end North Korea may peaceful manufacturing. food aid!’’ prove too intransigent, too truculent, Some people are impatient for Another American, a State Depart- for us to reach an accord. change in North Korea. They want to ment official accompanying a World But I hope the Bush administration adopt a more confrontational ap- Food Program inspection team, noted will listen closely to President Kim proach, including rushing ahead to de- that hundreds of people along the road today, and work with him to test North ploy an unproven, hugely expensive, waved and smiled, and in the case of Korea’s commitment to peace. We and potentially destabilizing national soldiers, saluted, as the convoy passed. should stay the course on an engage- missile defense system. He also reports that many of 80 mil- ment policy that has brought the pe- I understand their frustration and lion woven nylon bags used to dis- ninsula to the brink, not of war, but of share their desire for action against tribute grain and emblazoned with the the dawning of a brave new day for all the threat of North Korean ballistic letters ‘‘U.S.A.’’ are being recycled by the Korean people. missiles. North Koreans for use as everything I yield the floor. But foreclosing diplomatic options by from back-packs to rain coats. These The ACTING PRESIDENT pro tem- rushing to deploy NMD is not the right North Koreans become walking bill- pore. The Senator from California is antidote. Sure, a limited ground-based boards of American aid and generosity recognized. national missile defense might some- of spirit. day be capable of shooting down a North Korea is just one critical chal- f handful of North Korean missiles lenge in a region of enormous impor- aimed at Los Angeles, but it will do tance to us. We cannot separate our THE ISRAELI ELECTION AND ITS nothing to defend our Asian allies from policy there from our overall approach AFTERMATH a North Korean missile attack. in East Asia. Nor will it defend us from a nuclear We cannot hope that decisions we Mrs. FEINSTEIN. Mr. President, bomb smuggled into the country make about national missile defense, today a new government has been aboard a fishing trawler or a biological Taiwan policy, or support for democ- formed in Israel under the leadership of toxin released into our water supply. racy and rule of law in China will be of Prime Minister Ariel Sharon, with NMD will not defend U.S. forces on no consequence to developments on the Shimon Peres as Foreign Minister and Okinawa or elsewhere in the Pacific Korean Peninsula. To the contrary, we the broad-based participation of many theater. It will do nothing to prevent need to think holistically and com- across Israel’s political spectrum. North Korea from wielding weapons of prehensively about East Asia policy. I would like to take a few minutes mass destruction against Seoul, much Our interests are vast. Roughly one- today to share my assessment of the of which is actually within artillery third of the world’s population resides present situation, where things stand, range of North Korea. in East Asia. In my lifetime, East Asia and what this may mean for U.S. pol- Moreover, a rush to deploy an has gone from less than 3 percent of icy in the region. I rise today as one unproven national missile defense, par- the world GDP in 1950 to roughly 25 who has supported the peace process, ticularly absent a meaningful strategic percent today. believed that a peace agreement was dialog with china, could jeopardize the Four of our 10 largest trading part- possible, and who has worked in the cooperative role China has played in ners—Japan, China, Taiwan, and South Senate, along with many of my col- recent years on the Korean Peninsula. Korea, are in East Asia. leagues, to see that the United States Given our common interest in pre- Each of those trading partners is also played an active role in helping Israel venting North Korea from becoming a one of the world’s top ten economies as and the Palestinians seek peace. nuclear weapons power, the United measured by gross domestic product. Prime Minister Ehud Barak was States and China should work in con- China, Japan, and South Korea to- elected two years ago to make peace cert, not at cross purposes. gether hold more than $700 billion in and to bring about an ‘‘end of the con- OPENING NORTH KOREAN EYES hard currency reserves—half of the flict’’ with both Syria and the Pal- North Korea’s opening has given the world’s total. estinians. He was elected with a man- North Korean people a fresh look at East Asia is a region of economic dy- date to complete the Oslo process, a the outside world—like a gopher com- namism. Last year Singapore, Hong goal at the time supported by the ma- ing out of its hole—with consequences Kong, and South Korea grew by more jority of the people of Israel. which could be profound over the long than 10 percent, shaking off the East Over the past two years Prime Min- haul. Hundreds of foreigners are in Asian financial crisis and resuming ister Barak tried, heroically and ener- North Korea today, compared with a their characteristic vitality. U.S. ex- getically, to achieve a comprehensive handful just a few years ago. ports to the region have grown dra- peace with both parties.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.004 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1919 Indeed, it has been said I believe, branch to Mr. Arafat at Davos, ‘‘Mr. this conflict until we get Bordeaux, Mar- that Prime Minister Barak went fur- Arafat torched it.’’ seilles and Nice as well.’’ ther than any other Israeli Prime Min- I urge all of my colleagues to read If the Palestinians don’t care who Ariel Sharon is, why should we? If Mr. Arafat ister in an attempt to reach a com- Thomas Friedman’s op-ed article: wanted an Israeli leader who would not force prehensive agreement with the Pal- ‘‘Sharon, Arafat and Mao,’’ which I ask him to make big decisions, which he is in- estinians which includes: unanimous consent to have printed in capable of making, why should we ask The creation of a Palestinian state; the RECORD. whether Mr. Sharon is going to be de Gaulle Palestinian control of all of Gaza; There being no objection, the mate- and make him a big offer? What good is it for Palestinian control of approximately rial was ordered to be printed in the Israel to have a Nixon if the Palestinians 94 to 95 percent of the West Bank, and have no Mao? RECORD, as follows: The Olso peace process was about a test. It territorial compensation for most of [From the New York Times, Feb. 8, 2001] was about testing whether Israel had a Pal- the other five percent; SHARON, ARAFAT AND MAO estinian partner for a secure and final peace. A division of Jerusalem, with Pales- (By Thomas L. Friedman) It was a test that Israel could afford, it was tinian control over the Arab neighbor- a test that the vast majority of Israelis hoods in East Jerusalem and the possi- So I’m at the Davos World Economic wanted and it was a test Mr. Barak coura- Forum two weeks ago, and Shimon Peres geously took to the limits of the Israeli po- bility of a Palestinian capitol in Jeru- walks by. One of the reporters with him asks salem; and litical consensus—and beyond. Mr. Arafat me if I’m going to hear Mr. Peres and Yasir squandered that opportunity. Eventually, Shared sovereignty arrangements for Arafat address the 1,000 global investors and the Temple Mount. Palestinians will ask for a makeup exam. ministers attending Davos. No, I tell him, I And eventually Israelis may want to give it The issue of Palestinian refugees, have a strict rule, I’m only interested in to them, if they again see a chance to get was addressed with tens of thousands what Mr. Arafat says to his own people in this conflict over with. But who knows what of Palestinians to be allowed into Arabic. Too bad, says the reporter, because violence and pain will be inflicted in the Israel as part of a family reunification the fix is in. Mr. Peres is going to extend an meantime? program, and compensation in the tens olive branch to Mr. Arafat, Mr. Arafat is All we know is that for now, the Oslo test going to do the same back and the whole of billions of dollars provided to other is over. That is what a vast majority of love fest will get beamed back to Israel to Israelis said in this election. So stop asking Palestinian refugees as well. boost the peace process and Ehud Barak’s re- Not only was the Palestinian re- whether Mr. Sharon will become de Gaulle. election. Good, I’ll catch it on TV, I said. That is not why Israelis elected him. They sponse to these unprecedented offers Well, Mr Peres did extend the olive branch, elected him to be Patton. They elected Mr. ‘‘no,’’ but, even as Prime Minister as planned, but Mr. Arafat torched it. Read- Sharon because they know exactly who he is, Barak attempted to engage Chairman ing in Arabic from a prepared text, Mr. and because seven years of Oslo have taught Yasser Arafat at the negotiation table, Arafat denounced Israel for its ‘‘facist mili- them exactly who Yasir Arafat is. the Palestinians took to a campaign of tary aggression’’ and ‘‘colonialist armed ex- pansionism,’’ and its policies of ‘‘murder, Mrs. FEINSTEIN. Mr. President, Mr. violence in the streets, and threatened persecution, assassination, destruction and Friedman makes a simple but profound to unilaterally declare an independent devastation.’’ point. He writes that many ‘‘are asking Palestinian state: Mr. Arafat’s performance at Davos was a exactly the wrong question about the When the violence began, the Fatah’s seminal event, and is critical for under- Sharon election. They’re asking, who is militia, the Tanzim, fired upon Israelis standing Ariel Sharon’s landslide election. Ariel Sharon? The real question is, who with submachine guns. The Fatah and What was Mr. Arafat saying by this speech, is Yasser Arafat?’’ the Tanzim have been active in the vio- with Mr. Peres sitting by his side? First, he He continues, ‘‘the press keeps ask- lence—even encouraging its esca- was saying that there is no difference be- ing: Will Mr. Sharon become another tween Mr. Barak and Mr. Sharon. Because lation—to this day; giving such a speech on the eve of the Israeli Charles de Gaulle . . . or will he be Chairman Arafat freed a number of election, in the wake of an 11th-hour Barak Richard Nixon, the anti-Communist Hamas terrorists who instantly turned bid to conclude a final deal with the Pal- who made peace with Communist around and vowed violence against estinians in Taba, made Mr. Barak’s far- China?’’ Israel; reaching offer to Mr. Arafat look silly. More- So we naturally ask the question, The Palestinian media, under the over, Mr. Arafat was saying that there is no will Ariel Sharon reach out to the Pal- control of the Palestinian Authority, difference between Mr. Peres and Mr. Shar- estinians? As Tom Friedman points has been used to disseminate inciting on, because giving such a speech just after out, this is exactly the wrong way to material, providing encouragement to the warm words of Mr. Peres made Mr. Peres look at Ariel Sharon or the recent elec- look like a dupe, as all the Israeli papers re- damage holy Jewish sites, to kill ported. Finally, at a time when Palestinians tion. Israelis, and carry out acts of terror; are starving for work, Mr. Arafat’s sub- Why? Because Israel just had its de Gaulle. and, liminal message to the global investors was: His name was Ehud Barak. Mr. Barak was Palestinian schools were closed down Stay away. Israel’s most decorated soldier. He abstained by the Palestinian Authority allowing That’s why the press is asking exactly the in the cabinet vote over the Oslo II peace ac- Palestinian children to participate in wrong question about the Sharon election. cords. But once in office he changed 180 de- They’re asking, who is Ariel Sharon? The grees. He offered Mr. Arafat 94 percent of the the riots and violence. West Bank for a Palestinian state . . . plus And in reaction, all too often, Israel, real question is, who is Yasir Arafat? The press keeps asking: Will Mr. Sharon become half of Jerusalem . . . and Mr. Arafat not too, has resorted to violence in an ef- another Charles de Gaulle, the hard-line gen- only said no to all this, but described Israel fort to protect its security and safe- eral who pulled the French Army out of Al- as ‘‘fascist’’ as Mr. Barak struggled for re- guard the lives of its people. geria? Or will he be Richard Nixon, the anti- election. This new Intifadah has been charac- Communist who made peace with Com- Mr. Friedman continues to state terized by a level of hate and violence munist China? Such questions totally miss what has become clear: ‘‘What good is that, frankly, I did not believe possible the point. it for Israel to have a Nixon if the Pal- in view of the extensive concessions Why? Because Israel just had its de Gaulle. estinians have no Mao?’’ Israel had offered. His name was Ehud Barak. Mr. Barak was As someone who has been a supporter Israel’s most decorated soldier. He abstained And it is clear, I believe, that much in the cabinet vote over the Oslo II peace ac- of the Oslo process from the start, I say of this campaign of violence, this new cords. But once in office he changed 180 de- this with a great deal of regret. And I Intifadah which continues to this day, grees. He offered Mr. Arafat 94 percent of the wish this were not the case. But we has been coordinated and planned. West Bank for a Palestinian state, plus terri- have seen Israel make the offer, an his- Because I was at the World Economic torial compensation for most of the other 6 toric offer, only to have it rebuffed. Forum meeting in Davos two months percent, plus half of Jerusalem, plus restitu- The consequences of this could, in fact, ago which was also attended by tion and resettlement in Palestine for Pales- be devastating. Shimon Peres and Yasser Arafat, I read tinian refugees. And Mr. Arafat not only said In his victory speech, Prime Minister with great interest Tom Friedman’s no to all this, but described Israel as ‘‘fas- Sharon called on the Palestinians ‘‘to cist’’ as Mr. Barak struggled for re-election. op-ed in The New York Times 3 weeks It would be as though de Gaulle had offered cast off the path of violence and to re- ago. to withdraw from Algeria and the Algerians turn to the path of dialogue’’ while ac- As Mr. Friedman’s column reports, said: ‘‘Thank you. You’re a fascist. Of course knowledging that ‘‘peace requires pain- when Mr. Peres extended the olive we’ll take all of Algeria, but we won’t stop ful compromises on both sides.’’

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.007 pfrm08 PsN: S07PT1 S1920 CONGRESSIONAL RECORD — SENATE March 7, 2001 Mr. Sharon has said that he favors a that, in fact, they want to continue the Arkansas farm family, I know where long-term interim agreement with the violence, and force Israel into the sea; our food supply is produced. It is grown Palestinians since a comprehensive to take back Jaffa; to take back Haifa. in rural communities by families work- agreement is not now possible because There is a segment of the population ing from dusk until dawn to make ends the Palestinians have shown they are that believes this is true. But I say, meet. Unfortunately, too many in not ready to conclude such an agree- how realistic is this? Can there be any Washington continue to pay lip-service ment. doubt that Israel has the ability to de- to our Nation’s agricultural industry He has stated that he accepts a de- fend itself, and will? Or that should without actually providing them the militarized Palestinian state, is com- there be an effort to attack Israel, to tools and assistance they need to sus- mitted to improving the daily lives of end this democracy, that the United tain their way of life. the Palestinians, and has reportedly in- States would be fully involved? There I recognize the hurt that is evident in dicated that he does not plan to build is no doubt of that. our agricultural communities. I know new West Bank settlements. So the ball is now in the Palestinian that commodity prices are at record Whatever happens, there can be little court, to show that Palestinians are in- lows and input costs, including fer- doubt that it will have a profound im- terested in ending violence and blood- tilizer, energy, and fuel, are at record pact on United States strategic inter- shed. Israel, under Barak, has shown highs. No corporation in the world ests in the Middle East. And because of how far it will go to search for peace, could make it today receiving the same that, the United States must remain much further than I ever thought pos- prices it received during the Great De- an interested party in the region. sible. The concessions offered at Camp pression, yet, we are asking our farm- I believe that it is critical that both David, and after, are testament, I be- ers to do just that. parties need to make every effort to lieve, to Israel’s desire and commit- I am here to enlighten this body on end the current cycle of provocation ment for peace. But to seek to force the needs of our agricultural commu- and reaction, with a special responsi- peace in light of hostility and hatred nity. And it is my intention to come to bility that is incumbent upon the Pal- on the streets is neither realistic nor the Senate floor often this year to estinian Authority to seek an end to sustainable. highlight various issues affecting our the riots, the terror, the bombings, and The Sharon election, I believe, can be Nation’s farmers and ranchers. the shootings. There must be a ‘‘time seen as a referendum on Arafat’s ac- In the interest of fairness, I will give out’’ on violence before the situation tions and policies, and the Palestinian credit where credit is due. In recent degenerates further into war. violence, and it must be taken seri- years, Congress has recognized that We can all remember the images, ously by the Palestinians if the peace farmers are suffering, and we have de- from last fall, of the Palestinian child process is to ever get back on track. livered emergency assistance to our hiding behind his father, caught in the Just last summer, the 7-year-old struggling agricultural community. cross-fire, shot to death, and then the peace process seemed on the verge of Arkansas’ farmers could not have sur- images, a few days later, the pictures success, but the chairman walked away vived without this help. Nearly 40 per- of the Israeli soldier who was beaten from the deal at the last moment. cent of net farm income came from di- while in custody and thrown out of a I hope that someday soon Chairman rect Government payments during the second floor window of the police sta- Arafat will realize the profound dis- 2000 crop year. The trouble with this tion, to be beaten to death by the mob service that he has done his people, and type of ad hoc approach is that farmers below. the people of the world, that he will re- and creditors across this country never It is easy to understand how passions alize that the framework for peace was really know how or when the Govern- can run high, and frustration and fear on the table, that he will realize that ment is going to step in and help them. can drive violence. continued violence is not the way to Many of my farmers are scared to But it is also easy to see how these achieve the legitimate aspirations of death that the assistance that has been feelings—even these feelings, that are the Palestinian people, and that con- available in the past will be absent this based in legitimate aspiration—can get tinued violence will not gain him or his year because the tax cut and other out of control and lead to ever deeper, people additional concessions at the spending programs have a higher pri- and never-ending, cycles of violence. negotiating table. ority. The Palestinian leadership must And I believe that if and when he I will highlight my frustration with make every effort to end this cycle, to does realize this, when he takes action our Nation’s farm policy in the near fu- quell the attitude of hate that has been to bring the current violence to an end, ture, but today I want to bring the fostered among the Palestinian people, he will find that Israel remains a part- Senate’s attention to a matter that and to act to curb the violence, and to ner in the search for peace in the Mid- should have been handled long ago, yet convince Israel that they are indeed se- dle East, with the United States as a still remains unaddressed. Our farmers rious and sincere about pursuing peace. facilitator. need the disaster assistance that Con- But until there is evidence that the Until then, however, the United gress provided last Fall. President violence is ending, the United States States must be clear that we continue Clinton signed the FY 2001 Agriculture cannot be productively engaged be- to stand with Israel, an historic ally Appropriations Act on October 28, 2000. tween the two parties. and partner in the search for security Included in this legislation was an esti- If both Israel and the Palestinians and peace in the Middle East. mated $1.6 billion in disaster payments can make progress in curbing or ending Mr. President, I yield the floor. for 2000 crop losses due to weather-re- the violence, the United States can The PRESIDING OFFICER (Mr. lated damages. These payments are yet play an important role in helping to INHOFE). The Senator from Arkansas. to arrive in the farmer’s mailbox. My shape intermediate confidence-building f phone lines are lit up with calls from measures between Israel and the Pal- farmers and bankers asking me when estinians. The current environment AGRICULTURE DISASTER these payments are going to arrive. In makes a comprehensive agreement im- ASSISTANCE the South, our growing season begins possible, but proximity gives the Mrs. LINCOLN. Mr. President, I rise earlier than many parts of the country, Israelis and the Palestinians no choice today to bring attention to an issue and our farmers could head to the field but to learn to live together. The alter- Washington, and the American public, right now to begin work on the 2001 native is clearly war. too often take for granted—something crop, if they just had their operating And the United States must continue that is near and dear to my heart, and loan. The trouble is, many of them are to work together with Israel to a part of my heritage. I am talking unable to cash flow a loan for 2001 be- strengthen the bilateral relationship, about American agriculture. This cause they still await USDA assistance to ensure that Israel has the tools it country needs a wake-up call. Ameri- to pay off the banker for last year’s needs to defend itself, and to enhance cans believe that their bacon, lettuce, disaster. security in the region. and tomatoes are raised somewhere in I reference the South’s growing sea- There are those who now believe that the back of the local grocery store. As son because many of our farm State the Palestinians don’t want peace; the daughter of a seventh generation Senators are from the Midwest, and

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.011 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1921 they may not be hearing the same des- your local FSA offices accountable. model emerging in that region, violent peration that I am hearing. Their farm- Their hands are tied just like yours. regimes hold entire civilian popu- ers are in no better shape, but they are They await the rules and procedures lations hostage in order to win conces- not yet trying to put the 2001 crop in for disaster assistance distribution just sions, and even the guise of legitimacy, the ground. Arkansas farmers have like you do. The responsibility lies from the international community. been wringing their hands all winter right here in Washington, DC. Specifi- At the heart of this trend, is Liberian trying to determine if it is worth it to cally, OMB, is responsible for finalizing President Charles Taylor. While the Li- try one more year. They are literally the rules. I’m sure they are working berian Embassy here and the man him- on the brink of bankruptcy and are hard to get the ball rolling, but we self are currently trying to persuade weighing whether it is worth exposing need action today. Not tomorrow, not the world of their good intentions, no themselves to more potential financial next week, but today! one who has followed Africa in recent loss. These are not bad businessmen. I call upon the Administration to de- years should be deceived. Taylor has They have survived the agricultural liver the disaster assistance to the absolutely no credibility. All reliable turmoil of the 1980s because they prac- farmers. Congress did its part last fall. reports continue to indicate that he is tice efficient production techniques It is now imperative that the Adminis- manipulating the situation in West Af- and are sound managers. They have tration take care of things on their rica for personal gain, at the expense of simply been dealt an unbelievably dif- end. Unfortunately, this situation is his own Liberian people, the people of ficult hand and are trying to figure out nothing new. The last Administration Sierra Leone, and now the people of how they can stay in the game. Some was less than quick about imple- Guinea. have already lost the battle. I have menting disaster programs as well. But Some of the responsibility for the heard of more respected Arkansas that is no excuse, farmers need the terrible abuses committed in the re- farmers closing their shop doors and help now. Dotting the ‘‘i’s’’ and cross- gion must fall upon his shoulders. I be- selling the family farm than ever be- ing the ‘‘t’s’’ in the required paper lieve that Liberian President Charles fore. Farm auction notifications fill work should not take months to ac- Taylor is a war criminal. the backs of agricultural publications. complish. Having secured the presidency essen- Established, long time farmers are For countless farmers across the na- tially by convincing the exhausted Li- crying for help. A typical example, a tion, I call on the President to please berian people that there would be no farmer from Almyra, Arkansas re- expedite this matter. peace unless he was elected, he pro- cently wrote to me asking for help. He I look forward to many further dis- ceeded to provide support for the Revo- has been farming rice and soybeans in cussions on the Senate floor about the lutionary United Front, Sierra Leone’s southeast Arkansas for almost 30 plight of the American farmer. rebel force perhaps best known for years. Like many others, he wanted The PRESIDING OFFICER. The Sen- hacking off the limbs of civilian men, Congress to know that government as- ator from Wisconsin. women, and children to demonstrate sistance is vitally needed. He and other Mr. FEINGOLD. Mr. President, I ask their might, although their large-scale farmers would prefer to get their in- unanimous consent that I be allowed to recruitment of child soldiers—a page come from the marketplace, but most speak for 10 minutes as in morning borrowed from Taylor’s book—is also of all, he just wants to stay in business. business, notwithstanding the previous notorious. By funneling diamonds that The repercussions of losing people agreement. I thank the chairman of the rebels mined in Sierra Leone out like this good farmer will have a dras- the Budget Committee for his courtesy. through Liberia, and providing weap- tic effect on our rural communities. To The PRESIDING OFFICER. Is there ons in exchange, Taylor has profited ignore agriculture’s plight is to ignore objection? from terrible bloodshed. And after the rural America. Without farmers, the Without objection, it is so ordered. capture of RUF leader Foday Sankoh lifeblood of small towns like Almyra, Mr. DOMENICI. Mr. President, with last year, many RUF statements sug- Arkansas will be lost, and I fear never this agreement, what is the time ar- gested that Taylor was directly in con- regained. rangement after he finishes? trol of the force. The U.N. has found Around 800 to 1,100 farmers apply for The PRESIDING OFFICER. The Sen- ‘‘overwhelming evidence that Liberia Chapter 12 bankruptcy each year. The ator from New Mexico was to be recog- has been actively supporting the RUF average age of the American farmer is nized at 10:30. He was to be recognized at all levels.’’ getting older every year because young for 10 minutes. Under a unanimous con- An international sanctions regime men and women simply do not see a fu- sent request, Senator FEINSTEIN took has been proposed, but regrettably ture in agriculture production. I am re- an additional 5 minutes. If the Senator postponed, at the United Nations. minded of a joke that my father used from New Mexico objects to it, then he Sanctions are the correct course. And to tell me about the farmer who won will be recognized at 10:30. If he while many fear the impact on the the lottery. When a reporter asked him doesn’t, the Senator from Wisconsin long-suffering Liberian people, the un- what he was going to do with all that will be recognized for 10 minutes. fortunate truth is that they are living money, he replied ‘‘Farm ’til it’s Mr. DOMENICI. I had only 10 min- in a state of total economic collapse gone!’’ Unfortunately, that joke is not utes in any event, did I not? even without the sanctions, largely be- too far from the truth these days. The PRESIDING OFFICER. The Sen- cause their head of state has no inter- We have a responsibility to provide a ator has 15 minutes. est in the well being of his citizens. better agricultural policy for our na- Mr. DOMENICI. I ask unanimous Mr. President, I raise these issues tion’s producers. As I stated earlier, I consent that I be permitted to object today because I was in Sierra Leone will address my specific frustrations at this point, and I ask unanimous con- just a few days ago. Previously, I had with the current farm bill at a later sent that I be permitted to speak for 15 traveled in Nigeria, the regional giant date. Today, I am pleading that the minutes when my time comes. in transition. Although I am more con- disaster assistance we passed last Fall The PRESIDING OFFICER. Without vinced than ever before, in the wake of be delivered to the farmers as soon as objection, it is so ordered. my trip, that Nigeria’s leadership must possible. The Senator from Wisconsin. take bold steps to confront that coun- I have written and urged President Mr. FEINGOLD. Mr. President, I try’s difficult resource distribution Bush to expedite this situation. I thank the distinguished chairman of issues and to hold those guilty of grand stressed the importance of quick action the Budget Committee. corruption accountable for their ac- on this issue to Secretary Veneman in f tions, I came away from my visit to Ni- both private meetings and during her geria more optimistic than I had been confirmation hearing. I contacted the WEST AFRICA’S CRISIS when I arrived. From Port Harcourt to Office of Management and Budget Mr. FEINGOLD. Mr. President, I rise Kano, in Lagos and in Abuja, I met (OMB) urging them to act promptly on today to draw my colleagues attention with dedicated, talented individuals in the rules that must be finalized to to the continuing crisis in West Africa, civil society and in government, who begin the payment process. For all the where a deeply disturbing trend has are absolutely committed to making farmers listening out there, don’t hold emerged in strong-man politics. In the the most of their historic opportunity

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.016 pfrm08 PsN: S07PT1 S1922 CONGRESSIONAL RECORD — SENATE March 7, 2001 to chart the course of a democratic Ni- rable; their costs are great. When they serve as a crucial signal of a changing geria. need assistance, we should make every tide, and an end to impunity, through- I also visited Senegal, which is truly effort to provide it. out the region. an inspirational place. In a neighbor- We can reinforce the democracies in Finally, we must join together to iso- hood plagued by horrific violence, the region, like the countries of Sen- late Charles Taylor and his cronies and where even the most basic human secu- egal, Ghana, and Mali, to help them to tell it like it is. There was a time rity is in jeopardy, Senegal is moving pursue their positive, alternative vi- when some believed that he could be in the opposite direction. Last year sion for West Africa’s future. part of the solution in West Africa. At they experienced a historic and peace- We can continue our efforts to bol- this point, we should all know better. ful democratic transition. Senegal con- ster the peacekeeping forces in Sierra And we must speak the truth about the tinues to be a global leader in AIDS Leone through Operation Focus Relief, role played by the government of prevention. the U.S. program to train and equip Burkina Faso, the government of Gam- Both of these countries—one still seven West African battalions for serv- bia, and the others involved in the consolidating its transition, another ice in Sierra Leone. And we can urge arms trade in the region. forging ahead in its quest for develop- the UN force in Sierra Leone to develop Mr. President, these issues do mat- ment and concern for the condition of their capacity to move into the rebel ter. I have looked into the faces of am- its citizens—affected by the crisis in controlled areas, and then to use that putees, refugees, widows and widowers Sierra Leone, Liberia, and Guinea. The capacity assertively. and orphans. I have seen the tragic entire region is. Refugees flee from one We can work to avoid the pitfalls of consequences of the near total disrup- country to the next, desperately seek- the past. We must not forget that the tion of a society—the malnourishment, ing safety. States fear they will be the welfare of the people of Sierra Leone is the disillusionment, the desperation. next target of the syndicate of thugs the responsibility of that beleaguered Some people are getting rich as a re- led by Charles Taylor and personified government. I met with President sult of this misery. I have heard the by the RUF, and for Guinea, this fear Kabbah, and with the Attorney General people of neighboring countries speak has become a reality. Many, most nota- and Foreign Minister. I know that they of their fears for the region’s future. I bly Nigeria but also including Senegal, want to do the right thing. But the implore this body and this Administra- are undertaking serious military ini- point is not about which individuals tion to take the steps I have described. tiatives to bolster the peacekeeping are holding office. The point is that we It is in our interest and it is right. And forces in Sierra Leone. must work to enhance the capacity and if we fail to do so, I fear that the ter- Some will ask, why does it matter? the integrity of Sierra Leone’s govern- rible crisis will only get worse. Why must we care about the difficult ment, and it must work on that project I yield the floor. and messy situation of a far-away feverishly as well. The people of Sierra The PRESIDING OFFICER. The Sen- place. We must care because the desta- Leone need basic services, they need to ator from New Mexico is recognized. bilization of an entire region will make have their security assured, they need (The remarks of Mr. DOMENICI per- it all but impossible to pursue a num- opportunities. Ending the war is not taining to the introduction of S. 472 are ber of U.S. interests, from trade and in- enough. located in today’s RECORD under vestment to fighting international In the same vein, we must not tol- ‘‘Statements on Introduced Bills and crime and drug trade. We must care be- erate human rights abuses no matter Joint Resolutions.’’) cause, if we do not resist, the model who is responsible. When militia forces The PRESIDING OFFICER (Mr. presented by the likes of Charles Tay- that support the government of Sierra BUNNING). Under the previous order, lor will surely be emulated elsewhere Leone abuse civilians, they should be the distinguished Senator from Kansas, in the world. We must care because held accountable for their actions. And Mr. ROBERTS, has the floor. atrocities like those committed in Si- we must work to ensure that our in- Mr. ROBERTS. I thank the distin- erra Leone are an affront to humanity volvement in the region is responsible, guished Presiding Officer. as a whole. We are something less than and collaborate with regional actors to (The remarks of Mr. ROBERTS per- what we aspire to be as Americans if ensure that we monitor the human taining to the introduction of S. 478 are we simply turn our heads away as chil- rights performance of the troops we located in today’s RECORD under dren lose their limbs, families lose train and equip. West Africa must ‘‘Statements on Introduced Bills and their homes, and so many West Afri- break the cycle of violence and impu- Joint Resolutions.’’) cans lose their lives. nity, and all forces have a role to play Mr. ROBERTS. I suggest the absence What is happening in West Africa is in that effort. of a quorum. no less shocking and no less despicable And that leads me to a crucial point, The PRESIDING OFFICER. The than it would be if these atrocities one that is particularly important for clerk will call the roll. were committed in Europe. The inno- this new Administration and for this The assistant legislative clerk pro- cent men, women, and children who Congress. We must support the ac- ceeded to call the roll. have borne the brunt of this crisis did countability mechanisms being estab- Mr. THOMAS. Mr. President, I ask nothing wrong, and we must avoid lished in the region. There has been unanimous consent the order for the what might be called ignorant fatal- consistent, bipartisan support for ac- quorum call be dispensed with. ism, wherein we throw up our hands countability in the region. The Admin- The PRESIDING OFFICER. Without and write off the people of Sierra Leone istration should find the money needed objection, it is so ordered. and Liberia and Guinea with some to support the Special Court for Sierra f groundless assertion that this is just Leone, and it should find it now. And ENERGY the way things are in Africa. Africa is this Congress should commit to con- not the problem. A series of deliberate tributing to that court in this year and Mr. THOMAS. Mr. President, I am acts carried out by forces with a plan the next. going to be joined shortly by my friend that is, at its core, criminal—that is The Special Court will try only those from Texas. In the meantime, I want to the problem. And these are forces that most responsible for terrible abuses— comment for a moment on the state- we can name, and we should. And Mr. the very worst actors. Others who have ment of the Senator from New Mexico President, the leadership of these been swept up in the violence will be on energy. We need to take a long look forces should be held accountable for referred to the Truth and Reconcili- at where we are with respect to energy. their actions. ation Commission, another entity The Vice President with his working That leads me to the next question— which deserves international support. group is putting together a national what can we do? The Court and the Commission are two policy on energy, as are many groups. We can help the British, who are elements of the same strategy to en- We have an oil and gas forum, which I working to train the Sierra Leonean sure accountability without leaving cochair. We will be taking a look at Army and whose very presence has the rank-and-file no incentive to dis- where we want to be on energy and en- done a great deal to stabilize Sierra arm and demobilize. They are vital to ergy production in this country over a Leone. Their commitment is admi- Sierra Leone’s future, and they will period of time.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.014 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1923 We have not had an energy policy in ing group have brought in the other and national security with the mili- the United States, I am sorry to say, agencies. Too often we think about the tary, as well as have some reserves. for the last 8 years. As a result, we did Department of Energy being the sole The President’s plan does all of those not look at what the demand was going source of involvement with respect to things. It puts a limit on spending, to be, where the supply was going to energy, and that is not the case. The which we very badly need. be, and, indeed, have found ourselves Department of the Interior is certainly It takes care of paying down the depending almost 60 percent on im- just as important, in many cases more debt. That can be paid down between ported oil, depending on foreign coun- important regarding where we go, as now and 2011. It has a reserve for the tries and OPEC to manage that. So we well as the EPA—all these are a real kinds of things that come up unexpect- need to take a long look. part of it. edly and at the same time returns $1.6 I was pleased with what the Senator One of the difficulties, of course, in trillion in overpaid taxes to those peo- from New Mexico had to say about di- addition to the supply, is the transpor- ple who in fact have paid the dollars. versity. We need not only to take a tation. Whether we have an oppor- We have a lot of important things to look at our need to increase domestic tunity to have pipelines to move nat- look forward to in this Congress. I am production in oil and gas, but we also ural gas from Wyoming to California— glad we are now beginning to get to need to look at diversity, to where we a tough job, of course—whether we where we are able to deal with these can continue to use coal. You may have a pipeline that economically can issues. I think yesterday was an exam- have noticed on his chart that coal now move gas from Alaska down to the con- ple of that. I am certain we will move produces over 50 percent of our electric tinental United States, those are some forward. energy. We need to do some research of the things with which we are faced. I yield the floor. The PRESIDING OFFICER. The Sen- with respect to air quality so coal be- In the case of California, people were ator from Texas is recognized. comes even more useful. We need also not excited about having electric to look at coal and its enrichment, get- transmission lines and therefore it was f ting the Btu’s out of low-sulfur coal so very difficult and time consuming to TAX RELIEF transportation costs will not be so get the rights-of-way to do these Mrs. HUTCHISON. Mr. President, I high. things. thank my colleague from Wyoming for Nuclear, I am sure, has a role in our We have to take a look at all of those talking about taxes because I don’t future as a very clean and very eco- issues to bring back domestic produc- think we can talk about tax relief nomical source of electric energy. How- tion and be able to support our econ- enough. There is no question but that ever, before we do that, we are going to omy with electric and other kinds of we have the chance of a lifetime to have to solve the question of the stor- energy. bring tax relief to every working Amer- age of nuclear waste, or begin to use it It is going to be one of the chal- ican and also give increased benefits to differently, as they do in some other lenges. The Senator from Alaska, earned-income tax credit recipients. It countries, recycling the waste that is chairman of the Energy and Natural is in everyone’s best interest that we there. Resources Committee, has introduced a do this. We have great opportunities to do rather broad bill that deals with many I thank my colleague from Wyoming these things. We also need, along with parts of the energy problem. I am for starting this debate and starting this, of course, to take a look at con- pleased to be a sponsor of that bill. Ob- the process of educating everyone servation to make sure we are using all viously, it will create a great deal of about the importance of this tax relief. the conservation methods available to debate and discussion because it has all Let me say that when we talk about us. Certainly we are not now. We have those items in it, but we need to move. the tax relief package, we really are to be careful about doing the kinds of We need to have a policy that will en- talking about good stewardship of our things that were done in California, to courage production. But I say again, tax dollars. We have a projected $5.6 seek to deregulate part of an indus- not only should we be looking at pro- trillion surplus. We have a bright red try—in this case electric energy—how- duction but we should be looking at op- line between the Social Security sur- ever keeping caps on the retail part. portunities to, indeed, conserve and plus and income tax withholding sur- Obviously, you are going to have in- find efficient ways to use it. plus. We are taking half of the $5.6 tril- creased usage and reduced production, f lion—roughly $3 trillion—that is in So- which is the case they have now. cial Security surplus, and we are going THE BUDGET AND TAX RELIEF It is really a test for us at this time. to leave it intact in a lockbox so that One of the issues is going to be the ac- Mr. THOMAS. We are going to debate Social Security will be totally within cessibility to public lands. Most of the lots of issues. We went on an issue yes- itself, solid and firm. States where gas and oil is produced in terday which was passed. We are going The other half of the $5.6 trillion— any volume are public land States, to go to bankruptcy today. We will the $2.6 trillion or so—is the income where 50 percent to 87 percent of the talk about a lot of issues. But the real tax withholding surplus. That is very State belongs to the Federal Govern- issue we need to work towards and different from people who are paying ment. Much of those lands have been keep in mind, it seems to me, is the into Social Security and expect that unavailable for exploration and produc- budget and the tax relief issue we have money to go to Social Security. But tion. and that the President has promised people who are sending $2.6 trillion in We need to get away from the idea and that we, I hope, will be able to sup- income taxes above and beyond what that the multiple use of lands means port. We will be looking at spending, government reasonably needs to oper- you are going to ruin the environment budgets, taxes, and the size of tax re- ate should have some relief. That is or, on the other hand, that we need to lief. It is going to be one of the most money coming right out of the pocket do whatever we need to do and we do important things we do. of every American and going to Wash- not care about the environment. Those One important aspect of it is the ington which we know it does not need are not the two choices. The choice we American people are suffering under a for legitimate government expendi- have is to have multiple use of our record level of taxation, which is 20.6 tures. lands, to preserve the environment and percent of the gross national product. It is our responsibility to be careful to have access to those lands as well. They deserve some relief. The indi- how we spend taxpayer dollars. With We can do that, and we have proven vidual tax burden has doubled from that $2.6 trillion surplus in income tax that it can, indeed, be done. where it was. We really need to take a withholding, we have a proposal that That is one of the real challenges be- long look and encourage the private takes $1.6 trillion and gives it back to fore us during this Congress, although, sector that has people who are paying the people so they don’t even have to of course, Congress only has a portion excessive amounts of taxes to have send it to Washington. We have $1 tril- of involvement—it is really the private those taxes returned and at the same lion remaining. That $1 trillion is sector that will do most of it. time pay down the debt and be able to going to be for the added expenditures One of the most encouraging things have a budget that pays for the in- that we know we need in priority areas is Vice President CHENEY and his work- creases we are looking for in education to do the right thing.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.019 pfrm08 PsN: S07PT1 S1924 CONGRESSIONAL RECORD — SENATE March 7, 2001 So what are the priority areas? own pocketbooks because we believe on the income levels and make the We are going to spend more for public they can make better decisions for earned-income tax credit also come in education because we know public edu- their families than someone in Wash- at the same level as if they were two cation is the foundation of our freedom ington, DC, can do. single people rather than penalizing and our democracy. If we allow public What is in the marriage penalty re- people who get the earned-income tax education to fail, or not produce, then lief? What is in the tax bracket low- credit when they get married. we are taking away the strength that ering? What is in the inheritance tax It is very important that we relieve has been the foundation of our Nation. relief? the pressure on 21 million American We are going to spend more on public The biggest part of the tax cut is an couples who pay the marriage penalty education. across-the-board lowering of each tax tax. This is not right, and we are going No. 2. We are going to spend more on bracket, so if you pay in the 15-percent to change it. That is another major national defense. bracket today, you will either pay no part of the tax relief bill that will be Our national security forces have taxes at all or you will go to a 10-per- before us in the coming weeks. been deteriorating. We do not have a cent level. The most benefit of this tax The third area is doing away with the solid plan to upgrade the quality of life relief is at that level. And then you go death tax. There is no reason for some- for those serving in our military. These to a 15-percent bracket, a 25-percent one to have to sell a family farm, a are people who are pledging their lives bracket, and a 33-percent bracket. So ranch, or a small business in order to to protect our freedom. We owe them a everyone gets a lowering of their pay taxes to the Federal Government. quality of life that allows them to do bracket. We must take the lid off the death tax. their job. We are going to increase We believe no one should pay more The people of America understand their housing quality and health care than 33 percent of their income in Fed- the death tax as being unfair. Even if quality. We are going to increase sala- eral taxes. That is a fair tax. It could they are not going to have to pay the ries. We are going to increase edu- be lower, but at least that is a fair cap death tax or their heirs will not have cation for military children, spouses, on taxes for any individual. That is the to pay the death tax, they still have a and military personnel. All of these biggest part of the tax cut plan. fundamental sense of fairness that it is will add to the quality of life. It will also increase the earned-in- wrong to tax money that has already We are going to invest in the techno- come tax credit for people who are not been taxed when it was earned and logical advances that will keep us paying taxes at all but get a refund be- when it was invested. There is a sense ahead of any adversary we might have cause we want them to have the incen- of fairness in the American people. and also make sure that our allies are tive to work rather than be on welfare. There is also a sense of hope. Every strong. This is a good incentive, and it works. parent hopes that his or her child is We are going to increase spending in In essence, the earned-income tax going to do better than they have done. national defense. credit is a rebate of the payroll tax. So they want their children to have No. 3. We must address the prescrip- For people who do not pay income that opportunity to be able to keep the tion drug issue in this country. taxes but they do pay payroll taxes, family business and to do better. And Ten years ago, you would have to go they are going to get a bigger rebate. they most certainly do not want a fam- in the hospital and have surgery for an So that is the big part. ily business to be sold off to pay taxes ailment that today can be treated with The next part of this tax relief plan because they know that not only af- prescription drugs. Hospital stays are is relief from the marriage penalty tax. fects their own families but the jobs of much shorter. Sometimes it is just an Why on Earth should two single people, the people who work for a family- office visit because prescription drugs earning the incomes they earn, who get owned business. are so much more effective. They are married, be thrown into a higher Fifty percent of the family-owned also more expensive. We need to treat bracket and pay more in taxes just be- businesses in this country do not make prescription drugs as one of the main- cause they got married—not because it to the second generation, largely be- stays of quality health care, just as they got a pay raise but because they cause of the inheritance tax. Eighty hospital stays and surgery used to be got married? That is wrong. It is a percent do not make it into the third the avenue for treatment of a major wrong incentive in this country, and it generation. problem. was never meant to be that way. This Do we want to be a country that does We have to deal with this big expense was a quirk in the Tax Code, and we not have family-owned businesses? Do and this big part of health care that must fix it. we want everything to be a big inter- has changed our quality of life in You should not have to pay a mar- national conglomerate? I do not think America, but which many people can- riage penalty. Today—and this is in my so. I think we want the family farm to not afford or they have to make such legislation I have introduced—if you succeed in this country because we tough choices that it just isn’t right. take the standard deduction, you do know that family farmers are contrib- People on fixed incomes cannot afford not get the standard deduction if you uting citizens to the community; they a $400-a-month prescription drug bill. get married. You do not get it doubled. are contributing to the agricultural Some people are making other kinds of In fact, the standard deduction is $4,550 greatness of this country; and they are choices. We are going to have to have for a single person. For a married cou- a stability for our country to make more benefits and more options for pre- ple, it is $7,600. Under my bill, the sure that we control our own resources. scription drug help for people who need standard deduction for married couples I do not want a big international con- it. will increase by $1,500 to $9,100, which glomerate to take the place of the fam- These are the areas where we want is double the single standard deduc- ily farm in this country. And that is the ability to have added income, to tion. So if you do not itemize and you what death taxes produce. It is in our make sure we can do the job we are ex- take the standard deduction, we want interest that we have small family- pected to do. I certainly think $1 tril- you to have double the single rate owned hardware stores. It is in our in- lion should be plenty if we are running when you get married. terest that we have small family-owned the Government efficiently and mak- Secondly, we want to widen every service companies that contribute to a ing sure taxpayer dollars are not being bracket so you will not have to pay community. wasted or misused. more in income taxes because you go I hope we will eliminate the death I think the tax relief plan is much into a higher bracket just because you tax, or at least modify it greatly so more than tax relief. It is good stew- combined incomes. We want to widen that any reasonable description of a ardship of your taxpayer dollars and the brackets so your combined income family-owned business would be cov- my taxpayer dollars. It is a balanced will be taxed at the same rate as if you ered, so that there will not have to be approach that pays down the debt, pro- were single making two incomes that a sale of assets that would break up tects Social Security, and adds spend- added up to that. So we are going to that business, that farm, or that ranch. ing in the priority areas where we must try to widen the brackets. The fourth major area of our tax re- add spending. And it lets people keep And third, on the earned-income tax lief plan is to double the child tax cred- more of the money they earn in their credit, we will increase the adjustment it. Whether you have child care or not,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.022 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1925 we believe you should have more than I urge my fellow Senators who have It includes a debtor’s bill of rights the $500-per-child tax credit because we amendments they would like to offer to with new consumer protections to pre- know how much it costs to raise a fam- this legislation to bring them to the vent the bankruptcy mills from prey- ily. So we would double that to $1,000 floor. This is the time that has been set ing upon those who are uninformed of per child. aside and announced for that purpose. their legal rights and needlessly push- A $1,000-per-child tax credit isn’t It certainly would not be courteous to ing them into bankruptcy. nearly enough to offset the costs of the work of this body if people have It includes new consumer protections raising children. We know that. But we amendments and don’t take advantage under the Truth in Lending Act, such do not have children to get tax credits; of the chance to bring them forward. as new required disclosures regarding we have children because we love them I see the chairman of the Judiciary minimum monthly payments and in- and we want them to be strong, to con- Committee, Senator HATCH, has ar- troductory rates for credit cards. It tinue the great heritage that we have rived. Perhaps he will have some open- protects consumers from unscrupulous in this country. But we should give tax ing remarks at this time. If he does, I creditors with new penalties on credi- relief that is focused on helping fami- would be pleased to yield to Senator tors who refuse to negotiate reasonable lies raise their children in as conducive HATCH. Senator GRASSLEY had asked payment schedules outside of bank- an environment as we can possibly give that I start this off. I believe we have ruptcy. them. a good piece of legislation that has It provides penalties on creditors who That is our tax relief plan. It is our been examined. Every jot and tittle of fail to properly credit plan payments in stewardship of tax dollars to give more it has been looked at. Compromises and bankruptcy. It includes credit coun- money back to the people who earn it, improvements have been undertaken seling programs to help people avoid— and to pay down the debt at the most time and again. I believe the act will we go that far—the cycle of indebted- rapid rate that we possibly can. Over 10 withstand scrutiny. It will eliminate a ness. It provides for protection of edu- years we will have paid down the debt number of the abuses that have been cational savings accounts, and it gives to the absolute minimum. And to help occurring under the new modern-style equal protection for retirement savings people with prescription drug benefits, bankruptcy. in bankruptcy. to rebuild our national defenses, and to The time has come, and I am con- S. 420 contains improvements over make bigger investments in public edu- fident that as this debate goes forward, current law for women and children. cation, we are saving $1 trillion back this bill will pass and become law. We have heard people complain that from the surplus. And last, and most I yield the floor. the bankruptcy laws do not take care The PRESIDING OFFICER. The Sen- important, we are keeping Social Secu- of women and children. We have tried ator from Utah. rity totally intact. That is good stew- to do that in this bill, and we have ac- Mr. HATCH. Mr. President, I am ardship of our tax dollars. complished it. I am proud to support a tax relief happy to be here and finally get this It gives child support first priority plan that saves Social Security, and bankruptcy bill underway. We have status, something that has not existed keeps it secure, that adds spending done it year after year after year. It up until now. Domestic support obliga- where we need it, and makes absolutely certainly is time to pass this bill. I tions are moved from seventh in line to sure that we give back to the people hope there won’t be any frivolous first priority status in bankruptcy, who earn it more of the tax dollars amendments or amendments trying to meaning they will be paid ahead of law- they deserve to keep in their pocket- kill the bill or amendments trying to yers and other special interests. It in- books, rather than sending it to Wash- make points rather than solve the cludes a key provision that makes ington for decisions to be made that problems we have regarding bank- staying current on child support a con- they will probably never realize. ruptcy. dition of getting a discharge in bank- Mr. President, I yield the floor. As I have indicated before, the bank- ruptcy. It makes debt discharge in f ruptcy reform legislation we are con- sidering today, is the same legislative bankruptcy conditional upon full pay- CONCLUSION OF MORNING language that was contained in the ment of past due child support and ali- BUSINESS conference report passed by the Senate mony. The PRESIDING OFFICER. Morning in December by a vote of 70–28. In addi- It makes domestic support obliga- business is closed. tion, the language was marked up in tions automatically nondischargeable without the costs of litigation. It pre- f the Judiciary Committee, and has added several provisions sought by vents bankruptcy from holding up BANKRUPTCY REFORM ACT OF Democratic members of the com- child custody, visitation, and domestic 2001—Resumed mittee. violence cases. It helps eliminate ad- The PRESIDING OFFICER. Under I am asking that Members recognize ministrative roadblocks in the current the previous order, the Senate will now and respect the compromises and system so kids can get the support resume consideration of S. 420, which agreements that have already been they need. These are all valuable addi- the clerk will report. made with respect to this bill. While I tions and changes in the bankruptcy The bill clerk read as follows: do not believe that further amend- laws that this particular bill makes. It A bill (S. 420) to amend title 11, United ments are necessary, I recognize that it is in the best interests of women and States Code, and for other purposes. is the right of any Member to offer children to pass this bill. The PRESIDING OFFICER. The Sen- amendments. It is my sincere hope That is not all. Let me cite a few ator from Alabama. that Members will exercise reasonable- more improvements over current law Mr. SESSIONS. Mr. President, I am ness in the offering of any amend- for women and children. The bill makes pleased to be here today to support S. ments. the payment of child support arrears a 420, the Bankruptcy Reform Act of 2001. This being said, If Members do have condition of plan confirmation. It pro- I know this bill has cleared the Senate amendments, I ask them to come down vides better notice and more informa- on at least three different occasions, as and offer them now, so that we can tion for easier child support collection. I recall, and with large majorities. I avoid any further undue delays and It provides help in tracking down dead- know a number of people have amend- move forward. beats. It allows for claims against a ments they would like to offer. While we are waiting for them, let deadbeat parent’s property. It allows As a courtesy to the Members who me talk about the bankruptcy reform for payment of child support with in- had concerns about the legislation, Ma- proconsumer provisions. This bill re- terest by those with means. It facili- jority Leader LOTT allowed the bill to quires extensive new disclosures by tates wage withholding to collect child go to the Judiciary Committee. We had creditors in the area of reaffirmations support from deadbeat parents. amendments and debate there for a and more judicial oversight of re- All of that is critical. All of that good bit of time. It is now on the floor. affirmations to protect people from amounts to needed changes in the It is appropriate for amendments that being pressured into agreements bankruptcy laws that we have worked are to be offered to be offered now. against their interests. very hard to bring about.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.024 pfrm08 PsN: S07PT1 S1926 CONGRESSIONAL RECORD — SENATE March 7, 2001 As I have said before, the com- Small businesses cannot afford the grab their share first in this bank- promise bill we passed 70–28 was an ef- high-priced bankruptcy lawyers cor- ruptcy bill ahead of hard-working fective compromise among Democrats porate giants can afford. Small busi- small businesspeople. and Republicans, among conservatives ness creditors need some kind of pri- Many of the most controversial pro- and liberals and independents. It was a ority just to keep even with the big posals in this bankruptcy bill are to bill that basically brought almost ev- companies. Small businesses are the benefit the credit card industry and erybody into the picture. Even after backbone of this Nation’s economy. then to use taxpayer money to help having done that, having introduced Take a look at this chart. The total them support their debt collection of that bill this year in the committee, number of businesses nationwide is billions of dollars, but they also want we made some additional compromises 5,541,918. Of those 5.5 million busi- tax dollars to help them in the collec- to satisfy our colleagues on the other nesses, almost 5 million are small busi- tion of their debts. side. Those compromises were difficult nesses, or 90 percent of all businesses in Business Week recently reported that to make, but we have made them. We this country are small businesses. Dean Witter estimated this bill would have made every effort to try and bring Small business, for the purpose of boost the earnings of credit card com- as many people on to this bill as we this report, incidentally, is defined as a panies by 5 percent a year. In other possibly can and to try and resolve the company with 25 or fewer full-time em- words, we as taxpayers would increase various conflicts and difficulties that ployees. That is the same definition of the credit card companies’ business by have existed in the past. small business used in my amendment, 5 percent. One credit card company It is a very good bill. It is time we which is very similar to the Leahy alone, MBNA, will make a net profit of pass it. I hope people will come and Press and Printing business in Montpe- $75 million a year more if we, on behalf bring their amendments to the floor so lier, VT. of the taxpayers in this country, pass we can begin the amendment process In full disclosure, my family sold this bill as it is written. and get this bill passed. that business when my parents retired. Across the industry, credit card com- With that, I suggest the absence of a It is gone. This was a small printing pany after credit card company will quorum. business. We actually lived in the front reap millions of dollars in profits be- The PRESIDING OFFICER. The of the store. Our house was in the cause of the changes this bill makes to clerk will call the roll. front. The printing business was in the the bankruptcy code. The bill clerk proceeded to call the back, but it was typical of small busi- I understand credit card companies roll. nesses that are the backbone of my are worried about collecting debts be- Mr. LEAHY. Mr. President, I ask own State of Vermont. cause their credit extended is typically unanimous consent that the order for In Vermont, we have 19,000 busi- unsecured, especially when they send the quorum call be rescinded. nesses. Almost 17,000 of them are small credit cards, in some instances, to The PRESIDING OFFICER. Without businesses, again following the na- somebody’s dog—I know of that hap- objection, it is so ordered. tional model. pening—or send a credit card to some- AMENDMENT NO. 13 In virtually every State, 90 percent of one’s 4-year-old child with an unse- (Purpose: To provide priority in bankruptcy the businesses are small. The bill, as it cured credit line. to small business creditors) is written, will help the huge multibil- If one were cynical, one might say Mr. LEAHY. Mr. President, the Sen- lion-dollar credit card companies, and that some of this problem is of their ate last night voted for a resolution of they have far more of a priority than own doing, but we should understand disapproval of the new ergonomics reg- these small mom-and-pop stores. most small businesses face this peril. It ulations. Supporters of the resolution We can do right. It is not fair for us is not fair to carve out a special exemp- said the ergonomics rules would hurt to ask these small businesses, again, to tion for the multibillion-dollar credit small businesses and would cost mil- hand over everything they have to the card companies but leave the small lions in revenues each year. In fact, lawyers and accountants of these huge businesses of Provo, UT, or Middlesex, some claimed it would actually force megabusinesses when it comes to col- VT, to fend for themselves. That is why them out of business. lecting outstanding debt. Large credit I am offering this amendment to put I disagreed with that analysis of the card corporations have thousands of small business owners at least on an ergonomics rule, but I do agree with employees. They rake in billions of dol- equal footing with large credit card the underlying principle that the Sen- lars of profit every year. Small busi- companies. ate should be passing legislation to fos- nesses struggle every day just to pay Mr. President, I send the amendment ter small businesses across the coun- their bills and their employees’ sala- to the desk. try. I am going to offer an amendment ries. The PRESIDING OFFICER. The to protect small business creditors Let us put these small businesses on clerk will report. from losing out in the bankruptcy re- an equal footing with big businesses by The legislative clerk read as follows: adopting the Leahy small business form process. I assume all those who The Senator from Vermont [Mr. LEAHY] are speaking strongly in favor of small amendment. proposes an amendment numbered 13. In that regard, I appreciate what our businesses would be supportive of this. Mr. LEAHY. Mr. President, I ask The bankruptcy bill today puts the distinguished majority leader, Senator unanimous consent that the reading of multibillion-dollar credit card compa- LOTT, said on the floor last Wednesday. the amendment be dispensed with. nies ahead of the hard-working small He spoke about the hardships his par- The PRESIDING OFFICER. Without business people from Utah, Alabama, ents suffered when they tried to run a objection, it is so ordered. Nevada, Kentucky, or Vermont in col- small business. His parents ran a fur- The amendment is as follows: lecting outstanding debt from those niture business, and most of the busi- who file for bankruptcy. My amend- ness was done on credit. One of the rea- At the end of title IV, add the following: ment corrects that injustice by giving sons they were forced to leave that SEC. 446. PRIORITY FOR SMALL BUSINESS CREDI- TORS. small business creditors a priority over business was that some people just (a) CHAPTER 7.—Section 726(b) of title II, larger businesses when it comes to dis- would not pay their bills, according to United States Code, is amended— tribution of the bankruptcy estate. The the majority leader. (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; amendment provides a small business I mentioned earlier Leahy Press in (2) by striking ‘‘paragraph, except that in creditor has priority over the larger Montpelier. My parents did an awful a’’ and inserting the following: ‘‘paragraph, for-profit business creditor. lot of business on credit. I know they except that— My amendment does not affect the faced some of the same problems the ‘‘(A) in a’’; and bill’s provision giving top priority in majority leader’s parents did. I have al- (3) by striking the period at the end and in- bankruptcy distribution to child sup- ways remembered that. It is not easy serting the following: ‘‘; and ‘‘(B) with respect to each such paragraph, port and alimony payments, but we for a small business owner to make an a claim of a small business has priority over should be helping small businesses honest living, whether during our par- a claim of a creditor that is a for-profit busi- navigate through the often complex ents’ time or today, and it is not fair ness but is not a small business. and confusing bankruptcy process. now to allow large corporate giants to ‘‘(2) In this subsection—

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.026 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1927 ‘‘(A) the term ‘small business’ means an larger for-profit business creditors in moving this bill along. The Senator unincorporated business, partnership, cor- the order of distribution under chap- from Utah and the Senator from poration, association, or organization that— ters 11, 12, and 13 of the bankruptcy Vermont have worked on this bill for ‘‘(i) has fewer than 25 full-time employees, code. It defines small business as any years. as determined on the date on which the mo- tion is filed; and business with 25 or fewer full-time em- I know there are a couple of Senators ‘‘(ii) is engaged in commercial or business ployees. That same definition of small who have gone to a funeral; the Gov- activity; and business is already used in the bill for ernor of their State died. I think we ‘‘(B) the number of employees of a wholly small business creditors. It does not af- have to start moving legislation. If owned subsidiary of a corporation includes fect the bill’s provisions giving top pri- going to a funeral is not an excuse for the employees of— ority in bankruptcy distributions to missing a vote, there isn’t much we can ‘‘(i) a parent corporation; and child support and alimony payments. do to make an excuse for missing it. I ‘‘(ii) any other subsidiary corporation of Mr. President, I ask for the yeas and don’t think we have to have everybody the parent corporation.’’. (b) CHAPTER 12.—Section 1222 of title 11, nays on my amendment. here to have a vote. If we are going to United States Code, is amended— The PRESIDING OFFICER. Is there a move this legislation along, my experi- (1) in subsection (a), as amended by section sufficient second? ence dictates the way to get it moving 213 of this Act, by adding at the end the fol- There appears to be a sufficient sec- is you have to have something voted lowing: ond. on. It seems to stimulate interest in ‘‘(5) provide that no distribution shall be The yeas and nays were ordered. legislation. made on a nonpriority unsecured claim of a Mr. LEAHY. Mr. President, we have I hope the leadership will allow us to for-profit business that is not a small busi- an amendment on which we are pre- move forward and vote on this amend- ness until the claims of creditors that are small businesses have been paid in full.’’; and pared to vote. I mention this only be- ment. We can place in the RECORD that (2) by adding at the end the following: cause I have heard constantly on the the Senators are not here, that they ‘‘(e) For purposes of subsection (a)(5)— other side how anxious they are to are attending a funeral. If that were ‘‘(1) the term ‘small business’ means an un- move this bill forward. I brought this ever used against them in an adver- incorporated business, partnership, corpora- amendment up, proposed it, and am sarial way in a campaign, that it was tion, association, or organization that— ready to go to vote all within 7 or 8 wrong to miss votes to go to a funeral, ‘‘(A) has fewer than 25 full-time employees, minutes. I don’t want anyone to think I would be happy to say that was as determined on the date on which the mo- we are trying to hold anything up. tion is filed; and wrong—and it would not be done any- ‘‘(B) is engaged in commercial or business Frankly, I think this whole bill would way. activity; and have been finished this afternoon if we I hope we can move this legislation ‘‘(2) the number of employees of a wholly had not been interrupted for the along by voting on this amendment. owned subsidiary of a corporation includes ergonomics. We have Senators who, I understand, the employees of— Mr. HATCH. Mr. President, we are are coming over to offer other amend- ‘‘(A) a parent corporation; and looking at the amendment. It is the ments, but I repeat, my experience in- ‘‘(B) any other subsidiary corporation of first time I have seen it. We will look dicates the way to move legislation is the parent corporation.’’. at it and see if this is an amendment to start voting on amendments. Prob- (c) CHAPTER 13.—Section 1322(a) is amend- ed— we can support. We would like to con- ably by the time this is over we will (1) in subsection (a), as amended by section tinue to call up amendments and stack have 15 or 20 amendments offered and 213 of this Act, by adding at the end the fol- them. we will have to vote on them. The lowing: There is Habitat for Humanity and a longer we wait, the more time we will ‘‘(5) provide that no distribution shall be funeral today, but we will stack the take. made on a nonpriority unsecured claim of a votes and this will be the first vote. As I indicated when we opened busi- for-profit business that is not a small busi- Mr. LEAHY. Mr. President, I was not ness in the Senate this morning, we ness until the claims of creditors that are small businesses have been paid in full.’’; and aware of the funeral. have a very important meeting where (2) by adding at the end the following: Perhaps this is a plea the Senator Senators and House Members are trav- ‘‘(f) For purposes of subsection (a)(5)— from Utah would join; that if other eling together to Colombia where we ‘‘(1) the term ‘small business’ means an un- Senators from both sides have amend- appropriated lots of money. These are incorporated business, partnership, corpora- ments that are available, we urge them members of the Intelligence Com- tion, association, or organization that— to get down here. The Senator from mittee. They have reasons for going ‘‘(A) has fewer than 25 full-time employees, Utah and I will work to the extent that that are within the confines of the In- as determined on the date on which the mo- people are here, probably go back and telligence Committee—I don’t know tion is filed; and ‘‘(B) is engaged in commercial or business forth with amendments and start vot- why they are going. But there are activity; and ing soon. other things that will hold up this leg- ‘‘(2) the number of employees of a wholly On our side of the aisle, I urge all islation. owned subsidiary of a corporation includes Democrats who have amendments to I say to my friend from Utah, I hope the employees of— get to the floor, show them to the Re- we can get permission to go ahead and ‘‘(A) a parent corporation; and publican side and this side, and start start voting on this legislation. The ‘‘(B) any other subsidiary corporation of moving on amendments. fact that there are two Senators who the parent corporation.’’. On page 67, line 4, strike ‘‘inserting ‘; Mr. HATCH. I agree with the Sen- have a valid excuse—they are attend- and’’’ and insert ‘‘inserting a semicolon’’. ator. We will stack the amendments ing a funeral for one of their colleagues On page 67, line 13, strike the period and until we can have a reasonable chance who died, the Governor of the State— insert ‘‘; and’’. of getting Members here to vote. We this amendment, while an important On page 69, line 13, strike ‘‘inserting ‘; would like to move ahead on amend- piece of legislation, is not going to be and’’’ and insert ‘‘inserting a semicolon’’. On page 69, line 22, strike the period and ments and vote on them later today. determined by these two Senators who insert ‘‘; and’’. I suggest the absence of a quorum. are not here today. I hope we do not Amend the table of contents accordingly. The PRESIDING OFFICER (Mr. have a requirement in the Senate that Mr. LEAHY. Mr. President, we owe BURNS). The clerk will call the roll. every Senator has to be here to be able the millions of small business owners The bill clerk proceeded to call the to vote on amendments. across America, who are the backbone roll. The PRESIDING OFFICER. The Sen- of our economy, adequate protection Mr. REID. Mr. President, I ask unan- ator from Utah. from unforeseen bankruptcy losses. I imous consent the order for the Mr. HATCH. If the Senator will yield, urge my colleagues to support the quorum call be dispensed with. I do not disagree with my good friend Leahy small business amendment to The PRESIDING OFFICER. Without and colleague from Nevada. I think we provide small business creditors with a objection, it is so ordered. need to find out who is here. We know simple priority in bankruptcy pro- Mr. REID. Mr. President, we now a lot of Senators are working in the ceedings. They deserve it. have an amendment that is pending on Habitat for Humanity Senate home Remember what this does: It gives which the yeas and nays have been or- they are building, and I surely have to small business creditors priority over dered. I know there is some urgency in get some time for that. We also will try

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.014 pfrm08 PsN: S07PT1 S1928 CONGRESSIONAL RECORD — SENATE March 7, 2001 to be fair to our colleagues who had to Mr. WELLSTONE. Mr. President, I the proponents of this bill made the ar- be necessarily absent to go to a fu- ask unanimous consent that the order gument that we need to have ‘‘bank- neral. for the quorum call be rescinded. ruptcy reform’’ because you have all of On the other hand, we do have one The PRESIDING OFFICER. Without these people gaming the system. I will amendment up. We are prepared to objection, it is so ordered. cite a number of different independent vote on that. I think we probably will The Senator from Minnesota is rec- studies, including the American Bank- before the afternoon is up. We should ognized. ruptcy Institute, that say it is maybe 3 stack the other amendments. I am re- Mr. WELLSTONE. Mr. President, I percent of the people. questing that those who have amend- apologize to the chairman of the Judi- This amendment says, wait a minute; ments get here and let’s argue the ciary Committee, my friend from Utah, we know that about 50 percent of the amendments and then stack them and Senator HATCH, for delaying my ar- people who file for bankruptcy do so we will vote at the earliest conven- rival. We have a markup in the Com- because of medical bills that put them ience, and hopefully we will be able to mittee on Health, Education, Labor, under. They are not gaming the sys- move this bill forward. and Pensions on the pension education tem, so some of the really onerous pro- Mr. President, let’s get over here and bill. I have a number of amendments. visions of this legislation should not offer our amendments, debate them, That is the reason I did not come ear- apply to these families. and do the orderly legislative process. lier. I am going to lay down an amend- It will take me some time to give Then we will vote at our earliest pos- ment in a moment. this amendment some context. I think, sible convenience. We are working on Mr. HATCH. Mr. President, if the if this amendment should pass, it just when those votes will start be- Senator will yield, we should lay the would make this piece of legislation a cause of the inconveniences to a wide Leahy amendment aside so the Senator much better piece of legislation and far variety of Senators right now. We will may call up his amendment. less harsh and far less imbalanced. try to start those votes as soon as we The PRESIDING OFFICER. Without Let my right away give this some can, but we can stack them and debate objection, it is so ordered. context. I have, perhaps among Sen- them right now and not waste this Mr. WELLSTONE. Mr. President, I ators, been strong and vociferous in my time. also know Senator DODD wants to opposition. I want to have an oppor- I suggest the absence of a quorum. speak on this amendment, and other tunity to lay out the reasons why. I The PRESIDING OFFICER. The colleagues may want to speak as well. will talk about this bill, and then we clerk will call the roll. This amendment says if you file for will go to the amendment. The assistant legislative clerk pro- bankruptcy because of medical bills, First of all, I think this piece of leg- ceeded to call the roll. none of the provisions of this bill will islation is—I know it sounds strong. I Mr. HATCH. Mr. President, I ask affect you. This is a very simple and hate to say it because I like my col- unanimous consent the order for the straightforward amendment. league from Utah so much. It has noth- ing to do with a dislike or a like. It has quorum call be dispensed with. AMENDMENT NO. 14 to do with policy issue. I think it will The PRESIDING OFFICER. Without Mr. WELLSTONE. Mr. President, I have a very harsh effect on a whole lot objection, it is so ordered. send an amendment to the desk. Mr. HATCH. Mr. President, I do re- of people and a whole lot of families The PRESIDING OFFICER. The quest Senators get over here. As far as who are not able to file chapter 7, for clerk will report. I know, there may be one or two whom the bankruptcy law has been a The assistant legislative clerk read amendments on this side. Most of the major safety net—not just low-income as follows: amendments are on the Democrat side. The Senator from Minnesota [Mr. families but middle-income families as We can move this quickly if they will WELLSTONE] proposes an amendment num- well. get here and offer their amendments. bered 14. I find it bitterly ironic that this leg- I am requesting Republicans, if there Mr. WELLSTONE. Mr. President, I islation is coming on the heels of the vote for a resolution that overturned 10 are any Republican amendments—I am ask unanimous consent that reading of years of work for an ergonomics rule to only aware of one on the Republican the amendment be dispensed with. side. I am aware of probably 27 on the The PRESIDING OFFICER. Without provide protection for working men and women, mainly women in the Democratic side. So I am requesting objection, it is so ordered. Republicans and Democrats, if they The amendment (No. 14) is as follows: workplace, for what has become the have amendments, to get over here and most widespread disabling injury—re- (Purpose: To create an exemption for certain petitive stress injury. let’s get it done. But I only know of debtors) one on this side. Yesterday we did that. The Senate On page 441, after line 2, add the following: did it with no amendment, with limited Mr. REID. Will the Senator yield? (c) EXEMPTIONS.— Mr. HATCH. I am happy to yield. (1) IN GENERAL.—This Act and the amend- debate; it overturned that rule. Mr. REID. The Senator is right; there ments made by this Act do not apply to any Today we say if you are working—be- are a number of amendments to be of- debtor that can demonstrate to the satisfac- lieve me, trust me. I will say it on the fered on this side. Senator WELLSTONE tion of the court that the reason for the fil- floor of the Senate, and if my col- has five amendments, maybe more. He ing was a result of debts incurred through leagues prove me wrong I will be de- is trying to get here. He is in an Edu- medical expenses, as defined in section 213(d) lighted to be proven wrong—there will cation markup. He told us this last of the Internal Revenue Code of 1986, unless not be a substantial rule or any sub- night. the debtor elects to make a provision of this stantial piece of legislation providing Mr. HATCH. I understand he is at a Act or an amendment made by this Act ap- people with protection at the work- plicable to that debtor. place for repetitive stress injury for a markup—here he is. (2) APPLICABILITY.—Title 11, United States Mr. REID. I say the same thing the Code, as in effect on the day before the effec- long time. Senator from Utah says. We need to tive date of this Act and the amendments Basically what we are doing is saying move this along. I see my friend from made by this Act, shall apply to persons re- OK, there won’t be the protection. Now Minnesota has arrived. I will suggest ferred to in paragraph (1) on and after the you are injured. Now you are disabled. the absence of a quorum—— date of enactment of this Act, unless the Now you are not able to work. Now you Mr. HATCH. If the Senator will with- debtor elects otherwise in accordance with have earned little income. Now you hold, I appreciate the Senator’s com- paragraph (1). come to file chapter 7 because you find ments. I note the presence of the dis- Mr. WELLSTONE. Mr. President, I yourself in very difficult cir- tinguished Senator from Minnesota. As have been working with my colleague, cumstances, and you are not going to he prepares to offer his amendments, I Senator DODD. I will not include him as be able to do so. suggest the absence of a quorum to an original cosponsor because I want to But your home could be foreclosed. give him a little bit of time to do so. hear from him. But I believe he will be Your car could be repossessed. And a The PRESIDING OFFICER. The down here debating this amendment. lot of people are going to get ground clerk will call the roll. One of the reasons I started out with into pieces, in my opinion. The assistant legislative clerk pro- this amendment—I will need to give It says a lot about the priorities of ceeded to call the roll. this amendment some context—is that the majority party—that the first

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.037 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1929 major piece of legislation we bring to some of my amendments, and other steadily over the past year. Charge-offs the floor is an unjust, imbalanced Democrats and other Republicans per- on credit card debt are significantly bankruptcy bill which is great for the haps succeeding with their amend- down, and delinquencies have fallen to big banks and it is great for the credit ments, are not good. But we will try. the lowest level since 1995. card companies. I am sure Senator I say to my colleagues I welcome the Proponents and opponents agree that FEINGOLD will have more to say about contrast. I say what a difference an nearly all debtors resort to bankruptcy this. election makes. The civil rights com- not to game the system but, rather, as There was a piece in Business Week, munity, the labor community, chil- a desperate measure of economic sur- which is not exactly a bastion of lib- dren, women, consumers, all have said vival, and that only a tiny minority of eralism about, I guess, one of the larg- this bill is too harsh and this bill is too chapter 7 filers—as few as 3 percent— est credit card issuers, MBNA Corpora- one-sided. President Clinton stood up could afford any debt repayment. But tion. By the way, I cannot make the for them. He stood up for ordinary peo- through this legislation, we are going assumption that because Senator ple. I give him all the credit in the to make it well nigh impossible for HATCH or anyone else disagrees with world, as a Senator who has not always families in our country to rebuild their me they are doing it because of cam- agreed with former President Clinton. economic lives. paign contributions. I refuse to make Indeed, the differences do make a dif- But the true outrage is that now the the one-to-one correlation. You can’t ference. bankruptcies are projected to increase do it. But you can say at the institu- I have no doubt that President Bush because of a slowing economy and high tional level some people have certainly will sign this bill. In many ways, the fi- consumer debts that are overwhelming a lot more clout than other people, and nancial services industry, the credit families. Proponents of this bill are it just so happens that the people who card companies, are part of his con- using this as an excuse to curb access find themselves in terrible economic stituency. to bankruptcy relief. Because there circumstances through no fault of their My question is, What about unem- will be more economic misery, because own—major medical bills, they have ployed taconite workers in northeast there will be more financial stress, be- lost their jobs, or there has been a di- Minnesota? My question is, What about cause more American families will suc- vorce—it is my view as a former polit- struggling family farmers in greater cumb to their debts, the proponents of ical scientist and now a Senator for the Minnesota? My question is, What about this measure argue we should make it State of Minnesota that those people a lot of low- and moderate- and middle- harder for them to get a fresh start. do not have the same kind of clout that income people in Minnesota who, Let me make that clear. That is what MBNA Corporation has, which, by the through no fault of their own—espe- this is about. Now the economy is going to turn way, contributed $237,000 to President cially as the economy begins to take a down. We know there is high consumer Bush, according to the Center for Re- turn downward—may find themselves debt. We know there is going to be sponsible Politics; and on the soft in these difficult circumstances? more people struggling. We know there money side, MBNA chipped in nearly I am interested in representing them. is going to be more financial distress. $600,000, about two-thirds going to the That is why I am out here today. That We know there is going to be more eco- GOP, and the other part going to the is why I am fighting this legislation. That is why I have been fighting this nomic misery. And the proponents of Democratic Party. There are a whole this bill are now arguing that we need lot of heavy hitters and well-connected legislation for 21⁄2 years or more. Let me talk a little bit about the his- this measure to make it harder for folks who are for this. these families in Minnesota and this We have an unjust and imbalanced tory of this legislation. First of all, country to get a fresh start. I reject bankruptcy bill that is great for big this bill was negotiated by only a small that proposition. We are trying to ad- banks, and great for credit card compa- group of Members, out of the public eye. Second of all, up until this year, it dress yesterday’s headlines. nies, with hardly a word about any ac- But I have already stated that this had never been here in an amendable countability calling for these compa- really shouldn’t be any wonder. The fashion. Third of all, until a hearing nies to stop their predatory lending credit card industry wants this bill. was held by the Judiciary Committee practices. They want to be able to protect the I am going to have an amendment on on February 8, there had been no hear- risky investments they have made, and payday loans. I hope we can adopt it. ings on this legislation. In fact, the so the Senate does their bidding. They There is not a word about the ways in Senate had not conducted its own hear- want to be able to pump credit out which they pump the credit on our kids ing on bankruptcy since 1998. Finally, there. They want to be able to engage in such an irresponsible way, but it is we had a hearing. in irresponsible lending practices. They very harsh. When it comes to many So I see a compelling reason for some are not held accountable at all. They working families—low- and moderate- lengthy and important statements and want to make sure that people, in one income families—it says a lot about debate on this bill. The bill deserves way or another, are squeezed and our priorities. It says that a special in- scrutiny. It should be held up to the squeezed and squeezed, so they can get terest boondoggle, a bailout for big light of day so that citizens can see as much money back as possible. This banks and credit card companies, is what an ill-made, misshapen attempt is a carte blanche blank check for the ahead of education, is ahead of raising at reform this legislation is. credit card industry. the minimum wage, is ahead of pro- Colleagues in this body need to un- I have been proud to fight this bill. I viding affordable drug coverage, pre- derstand what bad legislation really is, am proud of the fact that it has taken scription drug coverage for seniors, and how terrible an impact a piece of legis- many years for this bill to get through, is ahead of expanding health care cov- lation such as this can have on Amer- and still it is not through yet. I hope erage for people. ica’s most powerless families, and what we will be able to stop it or make it Remember, 50 percent of the people a complete giveaway this piece of legis- significantly better. who file for bankruptcy do it because lation is to banks, to credit card com- Let me outline some of my reasons of major medical bills. But this bank- panies, and to other lenders. for opposing this bill, and then I will ruptcy bill —perfect for big banks and Bankruptcy ‘‘reform’’ is not being move to our first amendment. credit card companies—comes ahead of taken up out of any kind of urgency. First of all, this legislation rests on all those priorities. Indeed, while the supporters of this bill faulty premises. The bill addresses a I believe what the majority party is have cited the high number of bank- crisis that does not exist. Increased fil- trying to do is to sort of say: Look, ruptcy filings in recent years as a rea- ings are being used as an excuse to here are the differences between Presi- son to move forward with this so-called harshly restrict bankruptcy protec- dent Clinton, who vetoed this bill, and reform, there has been a dramatic drop tion, but filings have actually fallen in President Bush, who said he will sign in the last 2 years in the number of the last 2 years. it. bankruptcies. Over the past 2 years, In addition, the bill is based upon the I hope the bill does not get to Presi- any pretense that this legislation is ur- myth that people feel no stigma; that dent Bush’s desk in its present form. I gently needed has evaporated. The they find it easy to declare bank- think the odds of my succeeding with number of bankruptcies has fallen ruptcy, and there is widespread fraud

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.040 pfrm08 PsN: S07PT1 S1930 CONGRESSIONAL RECORD — SENATE March 7, 2001 and abuse. By the way, if you think will be more willing to lend money to will regain the floor and go forward there is widespread abuse, then you marginal candidates. Indeed, it is no with the amendment. should be all for the amendment I am coincidence that the recent surge of The PRESIDING OFFICER. Without going to offer which says when people bankruptcy filings began immediately objection, it is so ordered. are going under because of medical after the last major ‘‘procreditor re- The clerk will call the roll. bills, they should be exempt from the forms’’ were passed by Congress in 1984. The senior assistant bill clerk pro- provisions of this legislation. I say to the Senator from California: ceeded to call the roll. Two, abusive filers are a tiny minor- I have sent an amendment to the desk Mr. WELLSTONE. Mr. President, I ity. Bill proponents cite the need to which says we ought to go after people ask unanimous consent that the order curb ‘‘abusive filings’’ as a reason to who are gaming the system, but if a for the quorum call be rescinded. harshly restrict bankruptcy protec- family is filing for bankruptcy, chapter The PRESIDING OFFICER. Without tion. But the American Bankruptcy In- 7, because of a major medical bill, they objection, it is so ordered. Mr. WELLSTONE. Mr. President, I stitute found that only 3 percent—if should be exempt from the provisions have much more to say about the bill, my colleagues have other data, they of this legislation. I am now putting but I will get to the first amendment I can present it—only 3 percent of chap- this in a broader context. want to introduce today, which I think ter 7 filers could have paid back more I welcome discussion by any other Senators on the floor, and I do not in- goes to the heart of what is a funda- of their debts. Even bill supporters ac- mental problem with this legislation. knowledge that, at most, 10 to 13 per- tend to monopolize. It will take me some time to go through the amend- This legislation purports to go after cent of filers are abusive. Surely you abuse in the bankruptcy system, but it would want to support this amendment ment. Mrs. BOXER. Mr. President, will my casts a wide net that captures all debt- that says when people have to declare ors who file for bankruptcy, regardless bankruptcy because of major medical friend yield? Mr. WELLSTONE. I am pleased to of their circumstances. This is a simple bills, they should be exempt because yield. amendment. This is what it says. If they could not be in any Senator’s cat- Mrs. BOXER. Let me first assure my you file for bankruptcy because of egory of people who have been dis- friend that I was not intending to take medical bills, none of the provisions of honest or have abused the system. any time. I want to thank him for his this bill will affect you. Three, the legislation falls heaviest work on this issue. We know in this I know Senator DODD has been work- on the most vulnerable. This troubles country one of our biggest problems is ing on a very similar amendment, and me. The harsh restrictions in this bill lack of health care and the fact that he and Senator CHAFEE have been will make bankruptcy less protective, the burden of disease sometimes falls working on an amendment. I think as more complicated and expensive to file. on the family to an amazing extent. If the debate goes forward, we will prob- This will make it much more difficult they are hit by hard times, it could ably join forces. for low- and moderate-income people to well be because of these medical bills. The reason I introduce this amend- be able to effectively file. Unfortu- People are driven into bankruptcy be- ment—and other Senators also are in- nately, the means test and safe harbor cause of that. Then to have the double terested in the same kind of amend- will not be a shield from a majority of horror of having that not be exempted ment—is, in the vast majority of cases, those provisions that have been writ- from the eventual resolution would be the people who file for bankruptcy do ten in such a way that they will cap- a real disaster for people. it because of desperate financial cir- ture many debtors who truly have no I thank the Senator not only for this cumstances and do it because they are ability to pay off any significant debt. amendment but for the many amend- overburdened by debt. Specifically, we As a result of this legislation, they are ments that I will be supporting that he know that nearly half of all debtors re- going to be put under. will be introducing to make this a bill port that high medical costs force Four, the bankruptcy code is a crit- that has at least a semblance of fair- them into bankruptcy. This is an espe- ical safety net for America’s middle ness. cially serious problem for the elderly. class. Low- and moderate-income fami- Right now, it hurts people. I am real- Just think about prescription drug lies, especially single parent families, ly waiting with anticipation for a mo- costs and the increased medical bills are those who most need the fresh start ment when we do something that helps one has as they become older. that is provided by bankruptcy protec- people. So far I haven’t seen one thing A medical crisis is a double whammy tion. This bill will make it much more we have done to help people. for a family. First, there are the high difficult for people to get out from Yesterday, we repealed a measure costs associated with the treatment of under the burden of crushing debt. that would have protected people in a serious health problem, costs that That should matter to us. I know these the workplace from repetitive motion may not be covered by insurance. Cer- folks don’t have a lot of clout. I know illness. tainly, for some 40 million people in they don’t lobby every day. I know Does the Senator know when we are the country who have no health insur- they are among the most vulnerable finally going to get something done, ance whatsoever, it can put them citizens. I know they don’t have a lot such as an education bill, that helps under. And please remember, anyone of income, but they should matter. people? I haven’t seen anything to date who has spent one second in any coffee Five—and this should bother all of that actually does. shop back in their States knows that my colleagues—the banking and credit Mr. WELLSTONE. Mr. President, I the health care crisis is not just people card industry gets a free ride. Why is had said earlier that I find it bitterly with no health insurance at all. It is there not more balance in this bill? ironic that on the heels of yesterday’s also people who are underinsured. They The bill, as drafted, gives a free ride to action by the Senate, where in 10 hours have some coverage, but it is by no banks and credit card companies that we overturned 10 years of work to pro- means comprehensive. deserve much of the blame for the high vide some protection to the work- The other thing that happens is, if it number of bankruptcy filings because force—men and women, mainly is a serious accident or illness, then for of their loose credit card standards. women—for the most serious disabling a time, if you are the primary earner in Any of us who have children know injury right now, repetitive stress in- the household, the income is not com- the kind of stuff that gets sent to them jury, we now turn to the first major ing in. And even if it isn’t the person in the mail. Lenders should not be re- piece of legislation in this 107th Con- who draws the income, a parent, if I am warded for reckless lending. That is gress, a bankruptcy bill which is so im- working and my child is very ill, you what we are doing in this bill. We are balanced and so harsh in its effect, es- know what—many of us know this just giving them a blank check. pecially on middle income, low- and now—or if your parent is very ill, then Six, this legislation may cause in- moderate-income people, many of you may need to be caring for that el- creased bankruptcies and defaults. Sev- whom, again, are women and children. derly parent. This means a loss of in- eral economists have suggested that re- It speaks volumes about our disordered come. It means more debt and more of stricting access to bankruptcy protec- priorities, which we will speak to. an inability to pay back the debt. tion will actually increase the number I ask unanimous consent to go into a I am kind of surprised, frankly, that of filings and defaults because banks quorum call for 30 seconds, and then I the proponents of this legislation did

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.042 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1931 not at least have some sort of clear ex- Again, this is the point I have been people we represent should have as emption and, if you will, some compas- trying to make over and over again in good a health care coverage as we have. sion for people who end up filing for this debate: Bankruptcy is a critical We could be out here talking about bankruptcy because of a major medical safety net for middle-class Americans. health security for every citizen. We illness that has put them under. Yet we have a bill which rolls the safe- could be talking about the ways in Are the people in our country—the ty net back. which we can agree nationally on a families in Minnesota —who were over- A study conducted by Ian Domowitz package of benefits as good as what we whelmed with medical debt or sidelined and Robert Sartain found that the have and that there should be patient with an illness and therefore they can’t presence of medical debt had ‘‘the protection. work, are they deadbeats? This bill as- greatest single impact of any house- The Presiding Officer was one of the sumes they are. For example, it would hold condition in raising the condi- first people in the Senate to talk about force them into credit counseling be- tional probability of bankruptcy patient protection. We could be talking fore they could file for bankruptcy, as . . . households with high medical debt about how we can make it affordable if a serious illness or disability is exhibit a filing probability greater for families. We could be talking about something that can be counseled away. than 28 times that of the baseline.’’ how to get to universal coverage. We Colleagues, that is not what it is Come on. A lot of people who file for could talk about how we could decen- about. chapter 7 bankruptcy do it because of tralize health care so the different Both of my parents had Parkinson’s major medical bills. This amendment States can make a lot of decisions disease. My father had severe Parkin- says exempt them. about cost containment and delivery of son’s disease. I believe, ultimately, it The figures I have cited so far speak care. That would be a way of dealing is the reason my dad passed away. We to all bankruptcies. But the statistics with this problem. We could be talking helped take care of him, and I saw him become even more troubling if you about expanding the children’s health struggle. I can assure you that the cost look specifically at seniors or single care plan to include their parents. We of the drugs to treat those diseases is women with children who file for bank- could be talking about more support not something that can be counseled ruptcy. Single women with children are for community health care clinics. away. It has nothing to do with these 50 percent more likely to file because But that is not what we are doing. citizens and these families being bad of medical bills than single men. You You might ask, PAUL, why is this managers of their budget. It is, ‘‘There know what. There is a reason for that. amendment even necessary given what but for the grace of God go I.’’ People, Unfortunately, in many families— the author of the bill, my friend, Sen- through no fault of their own, are maybe 50 percent now—there is a di- ator GRASSLEY from Iowa, said just re- stricken with illnesses and disabling vorce, and quite often in the large per- cently: injuries and, therefore, major medical centage of the cases the single parent So that I am crystal clear, people who do bills can put them under. When these who has the most responsibility for not have the ability to repay their debt can families need to file for bankruptcy, taking care of the children is the still use the bankruptcy system as they they should be exempt from the harsh woman. That is one of the reasons why would have before. and restrictive provisions of this bill. so many of the women’s organizations On the one hand, PAUL, if you are A study published in May of 2000 by and children’s organizations are ada- telling me this bill is incredibly harsh professors Melissa Jacoby, Teresa Sul- mantly opposed to this legislation. and will punish working families who livan, and Elizabeth Warren deter- There was another way we could have need a fresh start, but the proponents mined that: gone after this problem because for of the bill say this bill will not affect Hundreds of thousands of middle class fam- these folks the problem isn’t the bank- people who are gaming the system, how ilies declare bankruptcy each year in the fi- do you explain that? nancial aftermath of an encounter with the ruptcy system; it is the health care American health care system. system. I will concede that to my good If you listen carefully to their state- ments, you will hear that they only The study goes on to note: friend from Alabama. It is a shame claim such debtors will not be affected The data reported here serve as a reminder that this has to be the way in which that self-funding medical treatment and loss people can get some support for major by the bill’s means test. Not only is of income during a bout of illness or recov- medical bills. that claim, I think, subject to much ery from an accident make a substantial The United States of America is the debate—the means test and the safe number of middle class families vulnerable only advanced economy in the world harbor have been written in a way that to financial collapse. They also demonstrate that does not have some form of uni- will capture working families who are that the American social safety net is com- versal health care coverage. filing for chapter 7 relief in good posed of interwoven pieces, including govern- The United States paid a third more faith—but it ignores the vast majority ment subsidies for medical care, private in- surance and personal bankruptcy. For mid- per capita for health care than any of this legislation which will impose dle class people, there is little government other nation, and we spend a greater needless hurdles and punitive costs on help, so that when private insurance is inad- percentage of our gross domestic prod- all families who file for bankruptcy, re- equate, bankruptcy serves by default as a uct—14 percent—and we get far less for gardless of their income. Nor does the means for dealing with the financial con- our money, according to the World safe harbor apply to any of these provi- sequences of a serious medical problem. Health Organization report. sions. Let me translate that into ordinary There are about 44 million people in Do not take my word for it. Here is language. There are many people in our our country who have no health insur- how an article in the conservative Wall country, families in our States, who ance whatsoever, and there are about Street Journal on February 22 charac- are either not old enough for Medi- the same number of people who are terized this bill: care—and even if they are, it doesn’t underinsured. In most cases, the bill, which is almost cover prescription drug costs, cata- We could have gone after this prob- identical to the one that President Clinton strophic expenses—or they are not poor lem in another way. I could be on the vetoed, will make filing for bankruptcy more enough for Medicaid and they are not floor right now—I would love it—advo- costly and more of a hassle. That’s the point: fortunate enough to be working for an cating for senior citizens and, for that It will increase lenders leverage to pressure employer where they have any cov- matter, other working families, saying consumers to pay bills instead of going to court to void them. erage, or for an employer that gives we ought to have affordable prescrip- them comprehensive coverage that is tion drug coverage. But that is not our That is exactly right. The article affordable. Therefore, when the private priority. We have to consider this concludes on this point: insurance is inadequate and people are bankruptcy bill. I could be out on the The bill is so full of hassle-creating provi- faced with a major medical catas- floor arguing for health security for all sions, some reasonable, some prone to abuse trophe, bankruptcy serves by default as citizens, that we could, as a national by aggressive creditors trying to get paid at the expense of others. In a thicket of com- a safety net, a way in which these fam- community—in fact, maybe this will be promises, Congress risks losing sight of the ilies can deal with these medical con- one of the amendments. Maybe I can goal: making sure that most debtors pay sequences. This piece of legislation have a vote on the following amend- their bills while offering a fresh start to takes that support away. ment, a sense of the Senate that the those who honestly can’t.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.045 pfrm08 PsN: S07PT1 S1932 CONGRESSIONAL RECORD — SENATE March 7, 2001 That is what this amendment does: cial circumstances because of a major 180 days before the case was filed, and to make sure we offer a fresh start for medical illness, a major medical bill, he did not receive a ‘‘briefing.’’ The those people put under by medical bills to file chapter 7 and rebuild their lives? new bill would have required him to go who honestly cannot pay back. They are not slackers. They are not again. This would have been very dif- Again, this is the Wall Street Jour- gaming the system. ficult considering his medical prob- nal, hardly a bastion of populist senti- This amendment says let us have a lems. In fact, his attorney dem- ment, but that is the net effect of the good bill, and one of the ways to do it onstrated a dedication to his client bill: to make it harder for families who is to at least have an exemption for that sharply contrasts with the cred- have hit financial ruin, who have hit fi- these families. itor propaganda picture of bankruptcy nancial bottom to get a fresh start. Again, some of these onerous hurdles, lawyers just out to make a buck. He That is what is wrong with this legisla- requirements, that I mentioned might made several home visits to Mr. Smith tion. be useful to get the deadbeats or go and his wife, who was a double ampu- The proponents of this bill have said after the irresponsible people—I am all tee. The new bill would also have re- that all these provisions are necessary for that. The problem is that all of quired a great deal of additional time to curb abuse. OK, let’s take them at these changes also affect working fami- and expense for Mr. Smith and his at- their word. If that is true, then I as- lies who file for bankruptcy through no torney, through new paperwork re- sume the proponents of this bill will fault of their own. Should a person who quirements and a requirement that he support this amendment. files because of medical bills be treated attend a credit education course. Such If the proponents mean what they with the same presumption of abuse as a course would have done nothing to say, that the whole point of this legis- wealthy slackers? That is what this prevent the enormous medical prob- lation is to curb abuse, then my col- bill does. lems suffered by Mr. Smith and his leagues will want to support this I repeat that. Should a person who wife. amendment because this amendment files because of major medical bills be He did not get into financial trouble just exempts those families who are fil- treated with the same presumption of through failure to manage his money. ing for bankruptcy because of major abuse as wealthy slackers who are He is 73 years old and had never before medical bills. They are not slackers. gaming the system? That is what this had any debt problems. The bill makes They are not cheaters. They have not bill does. no exceptions for people who cannot at- gamed the system. I cite two specific examples of how tend the course due to exigent cir- If the sponsors are serious about just this bill will hurt debtors who file for cumstances. Mr. Smith might never taking on deadbeats, not ordinary medical reasons, and I hope my col- have been able to get any relief in Americans who file bankruptcy be- leagues on the other side of the issue bankruptcy under the new bill. cause they simply have no other choice will come to the floor—I know the dis- Under the new bill, this bill, Mr. to rebuild their lives, then they should tinguished Senator from Utah is here— Smith would also have had to give up be rushing to the floor to cosponsor to refute this, if they can. Both of his television and VCR to Sears which this amendment. these families were talked about in an claimed a security interest in the I repeat that. If the sponsors are seri- excellent Time magazine story last items. Under the bill, he would not be ous about going after the deadbeats but year which was called ‘‘Soaked by Con- permitted to retain possession of these making sure ordinary people, hard- gress.’’ My colleagues may remember items in chapter 7 unless he reaffirms working people who file bankruptcy be- this. the debt or redeemed the items. Sears cause they have no other choice, are Allen Smith is a resident of Dela- may demand reaffirmation of his entire going to be able to rebuild their lives, ware, which has no homestead exemp- $3,000 debt under the bill, and to re- then they should be rushing to the tion. In other words, he cannot shield deem, Mr. Smith would have to pay the floor to cosponsor this amendment. his home from his creditors. Ironically, retail value. After his wife died and her I hope I will get support from my col- under this bill, wealthy scofflaws can income was gone, Mr. Smith did not league from Utah. Surely no one will shield multimillion-dollar mansions have the money to pay the amounts to argue that families that are drowning from their creditors with little plan- Sears. Since he is largely home bound, in debt as a result of medical bills are ning, but not Mr. Smith. It is 2 years in loss of these items would have been gaming the system. These are the peo- advance. If you know you are facing devastating. ple who need the safety net the most. trouble and you are a multimillionaire, Sadly, this is a real person, about These are the people who need to make you can hire your lawyers and then buy real people. Mr. Smith’s medical prob- a fresh start. your real estate in Florida or wherever. lems continue. Under current law, if he Here are a number of examples of There is no such break for Mr. Smith. again amasses medical and other debts what I am talking about: As a result, when the tragic medical he cannot pay, he could seek refuge in The prebankruptcy credit counseling problems described in the Time article chapter 13 where he would be required requirements at the debtor’s expense is befell his family, he could not file a to pay all he could afford. Under the a requirement that people have to go chapter 7 case without losing his home. new bill, Mr. Smith cannot file a chap- to prebankruptcy counseling. The debt- There was no homestead exemption. In- ter 13 case for 5 years, when he is 78 or pays for it, as if, again, people who stead, he filed a chapter 13 case which years old. have been put under because of cancer, requires substantial payments in addi- The time for filing a new chapter 7 diabetes, or some kind of horrible in- tion to his regular mortgage payments has also been increased from 6 to 8 jury, can counsel away these condi- for him to save his home. Ultimately, years. What will happen to people such tions. They are not in financial dif- after his wife passed away and he him- as him? ficulty because they need credit coun- self was hospitalized, he was unable to Charles and Linda Trapp were forced seling. make all these payments and his chap- into bankruptcy by medical problems. New limits on repeat filings, again, ter 13 plan failed. Their daughter’s medical treatment regardless of personal circumstances; Had Delaware had a reasonable left them with medical debts well over revocation of automatic stay relief for homestead exemption and had Mr. $100,000, as well as a number of credit failure to surrender collateral; changes Smith been able to simply file a chap- card debts. Because of her daughter’s to existing cram-down provisions in ter 7 case to eliminate his other debts, degenerative condition, Linda Trapp chapter 13, making it more difficult for he might have been able to save his had to leave her job as a mail carrier debtors to keep their car; the new pre- home. He lost his home. about 2 months before the bankruptcy sumption of abuse of credit card if the Mr. Smith’s financial deterioration case was filed to manage her care. Be- debt is incurred within 3 months of the was caused by unavoidable medical fore she left her job, the family’s an- bankruptcy. problems. Before he thought about nual income was about $83,000 a year or We have all of these new burdens, all bankruptcy, he went to consumer cred- $6,900 per month. of these hurdles. Why do we want to it counseling to try to deal with his Under the bill, close to that amount, make it so horrible difficult for people debts. However, it appears he went to $6,200, the average monthly income who find themselves in horrible finan- consumer credit counseling just over from the previous 6 months is deemed

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.047 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1933 their current monthly income, even afford. Under the new bill, the Trapps cause, frankly, it is a pretty poor ex- though their gross monthly income at could not file a chapter 13 case for 5 cuse for what we should be doing. We the time of filing was only $4,800. Based years. Even then the payments would should not have 44 million people with- on the fictitious deemed income, the be determined by the IRS expense ac- out any coverage. We should not have Trapps would have been presumed to be count and they would have to stay in at least that number of people who are abusing the bankruptcy code since al- the plan for 5 years rather than 3 years underinsured. We should be able to lowed expenses under the IRS guide- required under current law. The timing have comprehensive health care re- lines amounted to $5,339. The difference for filing chapter 7 would be increased form. of $850 per month would have been by the bill from 6 to 8 years. I think one of the amendments I deemed available to pay unsecured What does this bill do to keep people should offer is to make sure all the debts and was over the $6,200 a month, who undergo these wrenching experi- people we represent have as good triggering a presumption of abuse. The ences out of bankruptcy? Nothing. health coverage as we have. We should Trapps would have had to submit the Zero. Tough luck. Instead, this legisla- be doing that, but we are not. Instead, detailed documentation to rebut this tion just makes the fresh start of the we are going to make it impossible for presumption, trying to show their in- bankruptcy harder to achieve. This some good, honest people to rebuild come should be adjusted downward be- doesn’t change anyone’s cir- their lives when they find themselves cause of special circumstances and that cumstances. This doesn’t change the in desperate financial circumstances there was no reasonable alternative to fact that these folks don’t earn enough through no fault of their own. Linda Trapp leaving her job. any longer to sustain their debt. There I hope there will be support for this Because their current monthly in- is not one thing in this bankruptcy amendment that just says if you file come, although fictitious, was over the ‘‘reform’’ bill that would promote for bankruptcy because of major med- median income, the family would have health security in working families. ical bills, none of the provisions in this been subject to motions for abuse, filed I conclude this way: I came to this bill will affect you. by creditors who might argue Linda issue almost by accident. I am not on I yield the floor. Trapp should not have left her job and the Judiciary Committee. I am not a The PRESIDING OFFICER. The Sen- that the Trapps should have tried to lawyer. My colleague from Utah, Sen- ator from Utah. pay debts in chapter 13. That is the ator HATCH, is a very able lawyer. It is Mr. HATCH. Mr. President, listening same problem for taconite workers. complicated. With all of the fine print to my colleague, I wonder if he has I will be proposing an amendment I and all of the detail, the more you go read this bill because most of what he hope will get 100 votes that will say through it, the more you are able to re- said is untrue. I have respect for him as LTV, the large company that laid off alize this piece of legislation lacks a former professor of political science, 1,400 workers, if they file for bank- some balance. This amendment gives but on the other hand, this bill has ruptcy, chapter 7, should not be able to this legislation badly needed balance. been around for a long time; we have walk away from their health care obli- What this amendment says is, go worked on it with virtually everybody gation to retirees. The working men ahead, let’s not let anyone game the in the Congress, everybody in the Sen- and women are out of work. You will system. Whether it is the 3 percent the ate. do their average income over a 6-month American Bankruptcy Institute or the We provide for people right and left period and then determine whether or 10 to 13 percent that others talk about, and provide the means of taking care of not they are eligible for chapter 7. How don’t let people game it. Don’t let peo- women and children. We have made it are they able to rebuild their lives? ple be slackers. Don’t let people get so that people who owe their debts and They will not be able to do it. Their av- away with murder. When people go who can pay really ought to; the game erage income over the last 6 months under—50 percent of the bankruptcy is over. might look pretty good. That doesn’t cases are because of a major medical Sometimes I get the impression some do you much good if you were laid off illness—give them an exemption from of our colleagues on the other side 2 months ago. Where in the world does the onerous requirements, give them think the Federal Government is the this test come from? the opportunity to rebuild their lives. last answer to everything and it is the The Trapps wouldn’t have been pro- They didn’t ask for the illness. They only answer to everything. It is the tected by a safe harbor. The Trapps didn’t ask for the major medical bill. last answer sometimes, but it is not would have paid their attorney to de- They didn’t ask for the disabling in- the only answer. I have to tell you, this fend the motion, and if they could not jury. They didn’t ask to be put under. amendment of the distinguished Sen- have afforded the $1,000 or more it The bitter irony is that just yester- ator is unnecessary. would have cost, the case would have day we passed a motion that emas- Let me just say one thing about been dismissed and they would not culated 10 years of work to get a rule ergonomics. I distinctly stayed away have received relief. If they prevailed, to provide protection for people, many from the debate yesterday because we it is unlikely they would recover attor- of them women, against repetitive had plenty of good people on both sides ney fees from a creditor who brought stress injury, disabling injuries, in the arguing that debate. The distinguished the motion, since recovery of fees is workplace. Senator from Minnesota, his side lost. permitted only if the creditor’s motion Now we turn around today and say, The reason they lost is that anybody was frivolous and could not arguably and you know what, not only don’t you who has any brains at all knows we do be supported by any reasonable inter- have the protection—and I said earlier, not need to create a Federal welfare pretation of law. I made the prediction we will not see system or Federal workers compensa- That is a much weaker standard than an ergonomics standard passed by this tion system. Everybody who has any the original Senate bill. In fact, we Congress for years now. If I am wrong, brains knows the minute you start have had better bills. This bill has got- I will be pleased to be wrong. Now what doing that, there is going to be a pleth- ten worse and worse. We once had a bill we say is there is not the protection ora of people who will take advantage that passed 99–1. I was the only Senator and now, if you have a disabling injury of it. It is just human nature. opposing it. and now you do not have the income We do need to come up with a really Because the means test is so vague coming in and now you are in a des- workable, nonbudget-busting, ergo- and ambiguous, any creditor could perate financial situation, we are going nomic-stress-related bill that I think argue it would simply make a good to make it impossible for you to file will work. Certainly that regulation faith attempt to apply the means test chapter 7 and rebuild your life. was way out of line and should not which created a presumption of abuse. It is not a good week for working have been supported. I was amazed Mrs. Trapp’s medical problems con- people, not a good week for ordinary there were as many Democrats who tinue and are only getting worse. citizens. What we could have done—and supported it as did. It was a bipartisan Under current law, if the Trapps amass I conceded this point earlier in the de- rejection of those regulations. medical and other debts, they could bate. I really apologize that chapter 7 If the Senate of the United States seek refuge in chapter 13 where they in bankruptcy is one of the ways people had any guts or any consideration for would be required to pay all they could can deal with major medical bills be- its own power at all, that is what had

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.051 pfrm08 PsN: S07PT1 S1934 CONGRESSIONAL RECORD — SENATE March 7, 2001 to be done. We just can’t let bureau- dren don’t apply—or don’t apply to ment are the rich who can afford to crats go do whatever they want to re- them. Credit counseling provisions pay for their medical expenses because gardless of what the law says, and that don’t apply that we have put in here. we take care of those who are poor is why we came up with that particular Homestead provisions don’t apply. under the means test. This particular act, to provide a means whereby we can I know the distinguished Senator is bill resolves that problem. get rid of regulations such as that, that trying to do right here, and I know he I wonder if we can go on to another really are improperly written, way ex- is well intentioned. I respect that. But amendment. I suggest we stack this cessive in their tone and their delivery we thought of these problems, and I amendment behind the Leahy amend- and in their practicality. It is, frankly, think we have solved them, cured them ment and go to the next amendment. I very detrimental to the country in the in this bill. This bill does an awful lot hope our colleagues are prepared. long run. They would cause a lot of dif- to cure the problems of our country in The PRESIDING OFFICER. The Sen- ficulty. bankruptcy. It does an awful lot to ator from Minnesota. The thing I can remember that best stop the fraud that is going on in bank- Mr. WELLSTONE. Mr. President, I reminds me of that kind of legislation ruptcy. It does an awful lot to reduce also want to explain to my colleague was the catastrophic bill a few years the annual cost of every family in from Utah what I said earlier this ago—just take care of everybody’s cat- America—now estimated at $550 a year. morning is that we have a markup. My astrophic illness. It was wonderful to It does a lot to alleviate those prob- understanding from Senator LEAHY is hear that and find out the Federal Gov- lems and reduce those costs of every that other Senators will come down ernment was going to take care of ev- American citizen. It does an awful lot with amendments. I have a markup erybody, until the people found out to help people be more responsible for also going on at the same time with they had to pay for it. Then they were their debts. It sends a message to ev- amendments in committee. I will have jumping on top of Danny Rostenkow- erybody that you must be responsible, to go back and forth. First of all, when my colleague from ski’s car, the chairman of the Ways and even if you are having trouble paying Utah says there has been an adjust- Means Committee, because they your debts. We provide all kinds of ment in the means test for medical weren’t about to pay the kind of rates mechanisms so that they can pay their bills, I hope Senators’ staffs will take a that would have been required of them debts—maybe not in full but at least look. When my colleague says, Wait a to have the kind of catastrophic cov- can get discharged in bankruptcy after minute, we have taken care of prob- erage we Members of Congress were having made a good-faith effort to live lems with major medical bills, we don’t up to the terms of the law we would going to give them because we know it do an adjustment to the means test. all. pass. This is the part of the bankruptcy bill Let me say, this amendment is un- I sometimes get the impression that that deals with that. Here is the whole necessary, the amendment of the dis- our colleagues on the other side believe bill. tinguished Senator from Minnesota. that Government is the last answer to There are lots of other very harsh There is a means test in S. 420 that everything. I know not all of them do, provisions in this bill that go way be- takes care of it and already accounts but it just seems as though more and yond this. I am talking about the for 100 percent of a person’s medical ex- more that seems to be the argument, whole bill. There are prebankruptcy penses. Thus, if their medical expenses that only the Government can take credit counseling requirements at the prevent them from being able to repay care of health care, only the Govern- debtor’s expense. Why in the world do their debts, they don’t have to under ment can take care of savings and in- you want people who have been put the means test. It takes care of the vestment, only the Government can under because of a major medical bill truly poor. We have taken great pains take care of education—only the Fed- to have to go to credit counseling? to take care of the truly poor. eral Government, that is. We all know What kind of presumption do you But there are some people in our so- the Federal Government’s share is only make? Then they have to pay for their ciety who are using the bankruptcy about 6 percent or 7 percent of the counseling. What is that doing in here? rules, the bankruptcy laws, the current total cost of education in this society. You think people can credit counsel laws, to get around debts for which Yet they can come up with this idea their way out of having to deal with they are very capable of paying. Or that only the Federal Government has cancer and the bill they incur? they run up huge bills and then expect the last answers and can solve all these Again, my colleague from Utah talks society to pay for them. It is costing problems. about one little part of the bill. the average family $550 a year because The Federal Government isn’t any The revocation of the automatic stay of the inadequacies of our current brighter than the State governments. I relief from failure to surrender collat- bankruptcy laws which this bill cures. have to say the State and local govern- eral is another provision. Now at least The means test takes care of the ments are closer to the people and, as when you file for bankruptcy, there is poor. But if the Senator gets his way a general rule, do a better job than we some time that goes by. This means and this amendment is agreed to, let do. But we can do a good job. This bill that Sears can come and repossess. me tell you who will benefit from it. is a very good bill. Is it perfect? I have There is no time. Donald Trump is going to benefit from to say I have never—well, maybe not There are changes to existing cram- it. Bill Gates will benefit from it. Any- never but hardly ever—seen a bill down provisions in chapter 13, making body who is wealthy who goes into around here that is perfect because we it more difficult for debtors. You end bankruptcy and has medical bills, they have to satisfy 535 people, and more; we up paying for the full loan, not the are going to be able to avoid those; have to satisfy the administration. We value of the car. they will not have to pay them. have to satisfy a lot of people out How about this one? You can’t file a The way I read this, if a wealthy per- there. This bill takes care of a lot of new chapter 7 case for 8 years or a new son files for bankruptcy and the reason problems in the current bankruptcy chapter 13 case for 5 years—again, they filed was to extinguish their debts system that need taking care of. We making it more difficult. from medical expenses, then the means can argue these matters until we are What happens if a family is put under test will not apply to them even if they blue in the face, but it is time to vote with a major medical bill and then are fully capable of paying their med- on it. there is another illness? You say this ical expenses, paying their debts. What Frankly, I respect anybody for their period of time has to go by? You have this provision of the distinguished Sen- sincerely held opinions. I know the to go 7 or 8 years from 6 years in chap- ator from Minnesota does is it puts opinions of the distinguished Senator ter 7, and from 6 years under chapter 13 hospital creditors at the head of the from Minnesota are sincerely held. He to 5 years. There is no limit under cur- line. That is not what we want to do. is a very bright man, and he raises rent law. The amendment says the entire act some interesting issues from time to There are lots of provisions in this and amendments do not apply if you time. But on this one, he is just dead piece of legislation that are very harsh. file for bankruptcy because of medical wrong. I do not understand. expenses. This means the new protec- Very frankly, the only people who I think this is a very challenging tions in the bill for women and chil- are going to benefit from this amend- vote for Senators. I say to the Senator

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.054 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1935 from Iowa and other Senators who are cause of major medical bills, and we But the Senator from Minnesota is a on the floor right now that this amend- tear the safety net apart. legislator. He obviously believes in the ment concedes the point that we cer- I will tell you, I have some good legislative process. He knows how to tainly ought to have some legislation friends on the other side of the aisle on use the legislative process to accom- that deals with people who game the this issue. One of them is about to plish good from his point of view. And system—again, I think it is about 3 speak. I have said publicly that what- we have a bill that has changed consid- percent—people who really game the ever the Senator from Iowa says and erably since the recommendations in system, people who really do not need whatever he advocates is what he hon- the Commission on Bankruptcy report. to file chapter 7. But surely with this estly believes. Political truth can be Senator DURBIN and I introduced that bill there are many harsh provisions, elusive. One person’s solution can be bill two Congresses ago. It went and we would want to at least have an another person’s horror. People in good through the process of subcommittee, exemption for people who go under be- faith can disagree. full committee, to the floor of the Sen- cause of major medical bills. So what I am about to say now is not ate, through the House of Representa- Let’s just concede the point that peo- directed personally. But again I finish tives, through conference, through the ple in Minnesota, Iowa, Nebraska, and this way at least for the moment. I will House a second time but not having around the country who are having to tell you, I don’t like the feel of this at enough time to get it through the floor file for chapter 7 because of a major all. I don’t like the feel of this bill at of the Senate that second time to get it medical bill that put them under ought all. I think when you look at the lob- to the President. to be exempt from all of these loop- bying coalition and the campaign con- Then, in the last Congress, it went holes. tribution, because there is not one Sen- through the same process: sub- Talk about bureaucracy, and ways of ator—I need to say some of us aren’t committee, full committee, the floor of discouraging people from filing, and good at this if we aren’t careful. We the Senate, the House of Representa- making it difficult for people to get re- can’t make a one-to-one correlation be- tives subcommittee, full committee, lief. Why wouldn’t you at least have an cause a Senator received one contribu- the floor of the House of Representa- exemption? tion. That is not fair to do. But what tives, to conference and out of con- I have opposed this bill with all my you can say is that the families I ference, passing the House of Rep- might for several years. I find it inter- talked about, the unemployed Taconite resentatives by a veto-proof margin, esting that there are articles in Busi- workers on the Range—I say to the and through the Senate, passing the ness Week and the Wall Street Journal. Presiding Officer, the Senator from Ne- Senate by a veto-proof margin, and There was a piece last night on ABC braska, that farmers who are facing going to President Clinton for his sig- News; Time magazine, a long piece—all the price crisis and barely hanging on— nature. of which say—I don’t think this is nec- and a whole lot of middle-class families Obviously, with veto-proof margins essarily the tradition of blaming lib- who were doing well, they were doing in both Houses, the President knew if eral media—that this bill is imbal- well. My folks were doing well. I do not he vetoed it, we would be able to over- anced and it is a dream come true for know if they were middle class—what ride it. The President waited until we the credit card industry and for the fi- definition you would use; they did not adjourned last December, and at that nancial services industry. There is no have a lot of money—but they were point did what, under the Constitution, question about it. But it is too harsh doing fine. But then there was a major is called a pocket veto. We obviously for many ordinary citizens in the coun- medical illness. were not in session and did not have an try. I am saying, you should exempt those opportunity to override. I say to my colleagues again: We rep- families who file for bankruptcy from But I said: The Senator from Min- resent people, too many of whom don’t the provisions of this legislation. That nesota has had an opportunity to make have anywhere near the health care way you get the cheaters and you get considerable changes in this legisla- coverage we have. We represent people the slackers, but you do not make it tion. Maybe I do not like all those who, through no fault of their own, impossible for a lot of people who are changes, but I would have to look at wind up with a major illness or injury in a whole lot of physical pain and a this piece of legislation that has my that puts them under financially. whole lot of economic pain to rebuild name on it as the principal sponsor, Maybe I feel strongly about it. I their lives. with Senator TORRICELLI of New Jer- think it took my mother and father, as I cannot understand, for the life of sey, and say this bill has improved a I remember, 20 years to pay off a med- me, why I am not getting colleagues on lot in ways that we probably should ical bill in our family. I think it took both sides of the aisle sponsoring this have recognized when it was first intro- them 20 years, as I remember. That amendment. duced. still remains one of the great fears and I yield the floor. But you reach a point, in any legisla- sources of insecurity of the people we I am sorry, I saw the Senator from tive process, where you eventually represent—that there is going to be a Iowa. I thought he would want to come to the conclusion that perfection major medical bill that puts them speak. in the way we do business in the Gov- under. Mr. GRASSLEY. Is the Senator from ernment is never a possibility. And you We do not come out here on the floor Minnesota done? get the best possible vehicle you can to of the Senate and make prescription Mr. WELLSTONE. I am not finished get the job done—the best possible job. drugs more affordable. We don’t come with my final remarks on this amend- I think the Senator from Minnesota out here on the floor of the Senate and ment, but I always defer to the Senator would like to have me yield. I will introduce and debate legislation that from Iowa. yield for the purpose of a question. would provide more health security for Mr. GRASSLEY. If the Senator Mr. WELLSTONE. I just want to the people we represent and that would yields the floor, then I will ask for the thank my colleague. Sometimes a dis- make health care coverage more com- floor. tinguished Senator can go on and on prehensive and more affordable. We The PRESIDING OFFICER. Does the and on, and it is not sincere. I thank don’t come out here in the Senate and Senator yield to the Senator from the Senator from Iowa for his gracious- dedicate ourselves to the proposition Iowa? ness. I have never doubted his commit- that the people we should represent Mr. GRASSLEY. First of all, I think ment to this legislation. I have never should have as good a coverage as we the Senator from Minnesota thinks doubted his conviction on it. And I have. that he has not made any impact on want to apologize. I have a markup on I think that would be a good amend- this legislation over the last 4 years. an education bill, so I am going to ment to vote on, on this bill. Then we This bill is a statement of considerable leave now. The amendment will be laid take what is a safety net, given the impact that the Senator from Min- aside. I will be back in a while. I did fact that we haven’t done any of that nesota has made on it because of his not want to appear to be impolite. I in public policy and given the fact, hard work. His work goes beyond just just have to go to the markup. therefore, that over 50 percent of the improving the bill. He obviously does Mr. GRASSLEY. The Senator from people who file for bankruptcy do it be- not want the improved bill to pass. Minnesota does not have to apologize.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.056 pfrm08 PsN: S07PT1 S1936 CONGRESSIONAL RECORD — SENATE March 7, 2001 There are always demands upon our that if we offer you a bill where, in de- account whether or not a person can time. There are four or five places we termining whether or not you should repay or not. Making it possible to go could be at one time. I did not get a be in bankruptcy court—and 100 per- into bankruptcy without some deter- chance to hear all of the Senator’s cent of your medical expenses can be mination of the ability to repay or not speech because I was chairing the Sen- taken into consideration in that deter- is just not right. It means you have a ate Finance Committee on the issue of mination—how much better than 100 gigantic loophole for somebody to giving tax relief to working American percent can we do? If I gave you 101 game the system and to do what we are men and women, a bill that will prob- percent or 102 percent would that be trying to prevent with this legisla- ably pass here in the month of May. better? But with 100 percent deduction tion—not hurting the principle of a Anyway, I plead with the Senator for some expense, I do not know how fresh start, but if you have the ability from Minnesota that he has had a tre- you can do much better than that. to repay, you are not going to use the mendous impact upon this legislation, That is what this means testing for- bankruptcy code for financial plan- and it is a better bill in the sense that mula does. And Senator GRASSLEY does ning. You are not going to get off scot a lot of things that were brought to our not say that, the General Accounting free. attention are now changes in this bill. Office confirmed that. I have a page What the Wellstone amendment does But you cannot have perfection. from the General Accounting Office re- is create a loophole for those who can I think the Senator from Minnesota port in relation to that part of this leg- repay their debts. Our bill does it right. would say he really does not want this islation. This is the title page, if people We allow all medical expenses, if they bill to pass. So I think it is fair to say are interested in the entire book. But are catastrophic or not, to be taken he, and other Members who do not it lists what is deductible under the into account. So the amendment of- want it to pass, will be offering amend- IRS standards, in determining the abil- fered by the Senator from Minnesota ments, maybe because they believe in ity to repay if you go into bankruptcy. creates this huge loophole in the bill. them, but partly it is a process of slow- Here, under ‘‘other necessary ex- That is why I have to urge my col- ing the legislation down so, again, it penses,’’ the description of the IRS leagues to oppose this amendment. may never pass. guidelines, as stated by the General I yield the floor and suggest the ab- But I think, unlike 4 and 2 years Accounting Office, includes such ex- sence of a quorum. ago—or maybe more accurately, 3 and 1 penses as charitable contributions, The PRESIDING OFFICER. The year ago—we are starting out with this child care, dependent care, health care, clerk will call the roll. bill on the floor of the Senate in the payroll deductions, including taxes, The bill clerk proceeded to call the first year of a 2-year Congress, where union dues, life insurance. There it is, roll. one or two Members of this body are under ‘‘other necessary expenses,’’ Mr. SESSIONS. Mr. President, I ask not going to frustrate the will of al- health care, 100-percent deductible in unanimous consent that the order for most all 535 Members of Congress. And making that determination. If you can the quorum call be rescinded. they do not have a President now that pay off some portion of your debt under The PRESIDING OFFICER (Mr. DAY- is going to veto the bill. So this legisla- the means test, then you should have TON). Without objection, it is so or- tion is going to become law. President to do so. The means test takes into ac- dered. Bush will sign this legislation. count these reasonable expenses and Mr. SESSIONS. Mr. President, I So now, if I could—we do have an others than what I listed, including 100 would like to proceed on the bank- amendment before us from the Senator percent of medical expenses. ruptcy bill in reference to the amend- from Minnesota—I want to address If one is concerned about whether or ment offered by the Senator from Min- that amendment very directly. It not 100 percent of medical expenses is nesota, Mr. WELLSTONE. brings me to the means test. clear enough as to what you can de- I know Senator WELLSTONE opposes By the way, I have a chart here duct, because the Senator from Min- this bill for any number of reasons, but speaking about how flexible this means nesota used the term ‘‘catastrophic’’ I think we ought to analyze carefully test is, what it takes into consider- medical expenses, the test also allows, what he is saying to consider actually ation, so that it is not just a quantifi- under our legislation, for special cir- what the impact of the amendment he able formula with no humanity to it. cumstances to be taken into account offered would be. I think when we do There is plenty of humanity involved when determining if a debtor can repay that, we find it would be a curious in this means test, whereby the means his or her debt. thing for him to offer and certainly test determines whether somebody has That means that after you have would not be good public policy. the ability to repay some of their debt. taken the IRS guidelines, as I have Basically, the Senator’s amendment And if they do, they then go into chap- stated, the General Accounting Office would say that if a person files bank- ter 13, and they never get off scot-free. saying 100 percent of medical ex- ruptcy because of health care ex- So I see the amendment from the penses—and that is not enough to sat- penses—I believe the words are ‘‘as a Senator from Minnesota as gutting the isfy the Senator from Minnesota so he result of medical losses or expenses’’— means test, ignoring the means test. talks about catastrophic medical ex- he would then be exempted from the That would be very bad. And we have penses; whether they are catastrophic new bankruptcy law. I think that is an had 70 Senators vote for this bill. By or minor, 100 percent of medical ex- odd thing to say, and I think it focused the way, 70 Senators represents a bi- penses is 100 percent of medical ex- more of his concern about people filing partisan vote. penses—but just in case, then under the bankruptcy as a result of medical ex- If you believe this bill should be special circumstances provisions of our penses than the remedy that he would passed, and we should have strong im- legislation, that debtor can go before effect by the amendment. provements in bankruptcy law, then the judge and plead a case beyond what We know that a number of people do you will want to keep the means test; the IRS regulations allow. get in financial trouble as a result of you will not want to gut the means This bill preserves a fresh start for medical expenses. But, first, I say with- test, as Senator WELLSTONE’s amend- people who have been overwhelmed by out fear of contradiction, those med- ment does. medical debt or unforeseen emer- ical expenses will not impact a person It sounds very humanitarian to talk gencies. The bill thus allows full 100- in a way that would require him to pay about taking medical expenses into percent deductibility of medical ex- any of those back, unless he or she— consideration as to whether or not you penses before examining the ability to the person filing bankruptcy—made ought to be granted access to having repay. below the median income. Probably 80 your debts discharged. I have stated be- The amendment of the Senator from percent, I would guesstimate, of the fore on this floor, that in calculating a Minnesota says that if one files for people who file personal bankruptcy debtor’s income, under this means test, bankruptcy because of medical ex- make below the median income. So 100 percent of medical expenses are de- penses, then he or she does not have to they would not be impacted by the ducted. go through this very flexible means means test requirement that they pay I have also said to my colleagues, in- test we are presenting in our legisla- back some of the medical expenses that cluding the Senator from Minnesota, tion. His amendment doesn’t take into they have incurred.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.059 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1937 Also, I think we ought to ask our- the income then was $70,000, the family or in part. Basically, the law says that selves what expenses is he or she not could wipe out all debts, hospital and if you are below median income, then being required to pay back. Hospital otherwise, without any problem be- you do not have to pay any of them expenses? Now, let’s say a person cause the median income calculated back. If you make above median in- makes $150,000 a year—and people such under IRS standards would not prevent come and you are able to pay some of as that are filing bankruptcy today. them from going straight into chapter those debts back, you should do so. They are quite capable of paying back 7 and wiping out the debt, rather than That is a reasonable approach. The a substantial portion of their debts— being put in chapter 13 where the judge Senator’s amendment, whereas it maybe all of them. But they can file will say you pay back some of the debt might be well-intentioned, is curious chapter 7 and wipe out all of their as you are able over a period of years. and I do not believe is helpful to this debts, with very little fear of any alter- We also have a provision referred to bill. I oppose it. native consequences occurring to them. as ‘‘special circumstances.’’ A bank- I thank the Chair. I yield the floor It is done every day. ruptcy judge can find special medical and suggest the absence of a quorum. As I read this amendment, it basi- hardship or circumstances and exempt The PRESIDING OFFICER. The cally says that hospitals are the big it from the bankruptcy. clerk will call the roll. losers. You don’t have to pay them I do not think this is particularly The assistant legislative clerk pro- back. If you owe hospitals a big debt, good. The Senator says just because ceeded to call the roll. and you are making above the median your bankruptcy filing was a result of Mr. DURBIN. Mr. President, I ask income, and you could easily pay 25 medical expenses, you should be ex- unanimous consent the order for the percent of that back to the hospital, empted from all the law. What does quorum call be dispensed with. and a judge would require you to do so, that do? That eliminates the great ben- The PRESIDING OFFICER. Without Senator WELLSTONE says, no, you can’t efits we placed in this bill for women objection, it is so ordered. be made to pay your hospital back. But and children who, under current law, Mr. DURBIN. Mr. President, I rise if you owe some disreputable person— rank down in the list of priority pay- today in opposition to the current say, your liquor distributor, or some- ments of limited debts from the bank- bankruptcy reform bill, S. 420, as writ- body who has done those kinds of ruptcy estate. Under this new bill, they ten and reported out of the Judiciary things—under his amendment they go to No. 1. Committee last week. Let me say from would all be required to be paid back. If the bankruptcy was the result of the outset that I support many aspects Just not the hospitals. medical expenses and the bankrupt in- of bankruptcy reform. I support the I have visited 20 hospitals this year dividual could pay his alimony and right of financial service companies to in Alabama. I have talked to adminis- child support, it would not be the first have reasonable protection from spu- trators, nurses, and doctors. They are priority on the estate like it is under rious claims of bankruptcy, from out- having a tough time with their budg- present law. The women and children landish loopholes that leave some as- ets. I am concerned about them. They would lose that benefit. sets untouchable. I support the right of do not believe in having people try to We have had some discussion about consumers to have better protection pay debts. They write off debts every the homestead provisions. There is a from aggressive credit card solicita- day that people can’t pay. It is one of much stricter standard under this cur- tions and other offers of easy credit the things they share with me—that rent law under homestead to stop the that can easily trap people into mas- bankrupts and others are just not able abuse of people putting their money sive debt. I support reforms that strike to pay their debts and they write them into large homesteads in States that the proper balance—and that is the key off. have unlimited homestead exemptions. word, balance—between the needs of The Federal Government has some Tightening of that provision would not business in America and the needs of form to help to compensate for that. apply here, leaving other people to lose consumers. That is why I oppose this Probably not enough. At any rate, the more significantly. bankruptcy bill in its current form. I question simply is, Why should a per- This amendment is more out of the sincerely hope the Members of the Sen- son, if he is capable of paying back Senator’s frustration over medical care ate will be open to some of the amend- some debts, not pay his community in America. I know he wants the Gov- ments offered in a good faith effort to hospital? It was a hospital that served ernment to take care of everything make this a better bill. him, presumably, or his family, and that it can in that regard and more. I A little over 4 years ago, I served on took care of their health needs; it ex- am willing to debate that under a dif- the Judiciary subcommittee and was ists to serve other people in the com- ferent circumstance. It does not apply ranking Democrat when my chairman, munity—a good, noble, valuable insti- here. Senator CHUCK GRASSLEY of Iowa, tution. Why should that be the institu- This bill makes provisions for people joined with me in preparing a bipar- tion that doesn’t get paid, when you who have high medical expenses. In- tisan bill which passed on the floor of can pay certain debts? deed, historically the bankruptcy law the Senate with an overwhelming vote. I think the amendment is rather odd, does not question why someone is in If my memory serves me, over 97 Mem- and it makes it less likely that there debt. One can be in debt because one bers voted in support of that bank- would be good health care in the com- made a risky investment. One can be in ruptcy reform. I was proud to join in munity. There is a concern about, well, debt because one messed up on some that vote because I believed that the if you got continuing medical expenses, contract and then was sued. They were bill was balanced, was honest, would and this is going to leave you in debt, wrong, badly wrong, perhaps. One can reform the system, and do it in a sen- well, the way we wrote the bill—and we be in debt because of health care. One sible fashion. thought about this very subject—what can be in debt because of gambling or Sadly, the conference committee about a person who had substantial alcohol. Maybe just a lack of personal that was called between the House and medical expenses on a recurring basis? discipline drives people into bank- the Senate after passage of that bill How should that factor into your me- ruptcy. literally did not allow participation by dian income or special circumstances? We have never, and should not in my every Senator. Figuratively, there was We created two situations that deal view, turn the bankruptcy court into a sign outside the door that said, with that. some sort of social institution that ‘‘Democrats not allowed.’’ Then the If a family of four has a median in- starts to evaluate everybody’s personal bill came back from the conference come of around $50,000, and if they had conscience to see whether or not they committee with no input from the $2,000 of recurring medical expenses for were justified or unjustified into going Democratic side of the aisle, was some reason and had to pay it every into debt. brought to the floor, President Clinton month, under IRS standards, which we Remember, what we are crafting threatened a veto, and the bill basi- adopted in this bill, that $2,000 adds on today is simply a procedure in a Fed- cally languished in the Senate. to the median income. The median in- eral court, a bankruptcy court, by Two years later, another effort was come would not be $50,000, it would be which people who are unable to pay made. This time, I was not part of the $2,000 a month—$24,000 more, $74,000. If their debts can wipe those debts out all committee process. Senator TORRICELLI

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.061 pfrm08 PsN: S07PT1 S1938 CONGRESSIONAL RECORD — SENATE March 7, 2001 of New Jersey played that role. He and their responsibilities and let them bring in terms of filings. We all recog- Senator GRASSLEY also worked on a make sensible, well-informed decisions nize that the economic climate is un- bill with amendments added that I be- about their credit limits. certain. lieved could be supported again. It re- Those of us who go home regularly Nevertheless, the data on hand sug- ceived a substantial vote on the floor and open mail to find another credit gests that the so-called explosion of of the Senate, went into the meat card solicitation understand that this personal bankruptcies has come to an grinder of the conference committee, industry literally showers America end even without this legislation. and came out loaded with provisions with billions of solicitations for new As I said a moment ago, there are which, frankly, were unfair to con- credit card debt virtually every year. areas of bankruptcy law that are still sumers across America. President Clin- Many people who are being offered in need of reform. Three years ago, I ton threatened a veto of that bill, and credit cards, frankly, shouldn’t take worked to develop a bipartisan, bal- it basically sat on the calendar until it another credit card. They are in over anced bankruptcy bill that addressed was far too late for any action to be their heads. Many of these companies irresponsible debtors and irresponsible taken. that are trying to lure them into their creditors. Ninety-eight Senators voted That is an indication of the history credit operation don’t think twice for it. They agreed that that legisla- of an effort to modify and reform the about it. They, frankly, don’t care how tion eliminated abuses on both sides of bankruptcy system but to do it in a many credit cards you have. They the ledger while making available in- bad way. I believe my colleague, Sen- would like to see you take another two formation that permitted consumers to ator GRASSLEY, who is on the floor at credit cards and pile them on their own make an informed financial decision. this moment, and other Senators have credit card, even if you had a turn of That bill was decimated in conference, come to this process in good faith. I bad events—lost your job, went as I mentioned. think we have a chance with this bill, through a divorce, or maybe incurred Our bill in the 105th Congress in- and some good amendments to it, to some medical bills you never expected. cluded debtor-specific information that bring forth a piece of legislation that Financial predators praying on the would enable credit card holders to ex- may not please everyone in the credit most vulnerable members of society amine their current credit card debt in industry—it certainly won’t please ev- using deceit to lure them into usurious tangible, real, and understandable eryone who is fighting for the rights of transactions should not be rewarded in terms driving home the seriousness of consumers across America—but tries this law. their financial situation. to strike a balance, a fair balance so Central to the debate on this issue My idea was very basic and simple. both sides give something and ulti- must be the question, What are we Every credit card statement ought to mately justice is served. really trying to solve? If the problem is say that if you make the minimum This constant theme has guided me monthly payment required by this the increase in filing of personal bank- through the years in the bankruptcy company, it will take you x number of ruptcies, then we ought to take a look debate—balanced reform. I do not be- months to pay off the balance. When at the numbers. Perhaps this problem lieve you could have meaningful bank- you pay it off, this is how much you is starting to resolve itself. ruptcy reform without addressing both When we began the bankruptcy de- will have paid in interest and how sides of the problem: Irresponsible much you will have paid in principal. bate several years ago, bankruptcy fil- debtors and irresponsible creditors. When I made this suggestion, the ings were not only up but they had I agree that many people who go into credit card industry said that it was bankruptcy court file to abuse the sys- reached record-setting levels. impossible for them to calculate their When the credit industry first came tem, to game the system, to avoid information; and if they had to do this to me with their issue, they said: We their responsibility to pay their just on every monthly statement, it was just can’t understand why we are hav- debts. I believe that is the case, and well beyond their means. ing 25 or 30-percent increases of bank- this is certainly an area in need of re- I find this incredible, in the day and sponsible reform. ruptcy filings every year. In a situa- age of technology and computers, when Particularly urgent is the need to ad- tion where the prosperity of this coun- calculations are being made instanta- dress abuses by those who have consid- try is well documented, why are so neously, that they could not put on erable assets and are using bankruptcy many people going to bankruptcy each monthly statement how many with impunity as a financial shield. I court? Many of them should not. There months it would take to pay off the am thinking here of those infamous were 1.44 million bankruptcy filings in balance if only the minimum monthly cases where wealthy homeowners sink calendar year 1998, of which 1.39 mil- payment was made. I don’t believe it; their assets into properties that are lion, or 96.3 percent, were consumer never have. I think they are ducking protected from discharge during bank- bankruptcies. their responsibility. They don’t want ruptcy, or criminals who declare bank- Let me see if I can find the chart to consumers to know if they make that ruptcy to escape financial penalties show that. minimum monthly payment, they are they brought on themselves by their This shows the national bankruptcy never going to pay off the balance. It crimes. data by chapters of those filing. You might take 8 years. They end up paying But there are abuses and imbalances can see by this number that the filings a lot more interest than principal. on the other side of the ledger as well. in 1997 under chapter 7 were 989,372, Why is this important for consumers? Financial abuses are certainly not lim- reaching a higher level of over 1 mil- Frankly, so they will be informed. ited just to those who owe money. lion in 1998, coming down in 1999, and They may think twice about making Those who make it their business to down further still in the year 2000. The the minimum monthly payment if they extend credit can step over the line as same trend can be found in the same cannot afford it. They may think twice well: Financial service companies ex- filings for chapter 11 and chapter 13 as about adding more credit to their card. tending credit well beyond a debtor’s well. They will be informed consumers mak- ability to pay and then expecting Con- What we see then is that over time, ing judicious decisions instead of peo- gress to bail them out from their un- this problem, without the passage of ple making decisions without the infor- sound lending practices; special inter- Federal legislation, has started to re- mation available. ests who seek protection for their spe- solve itself. I can’t predict what the I don’t think the credit card industry cific piece of the assets pie without year 2018 will show. If this slowdown in is showing good faith. This is an considering issues of basic fairness or the economy results in more filings, it amendment which they should accept. the need to leave some debtors with is fairly predictable. If we were worried It would be a good-faith indication to enough assets for critical family obli- about people who were taking advan- me that they are prepared to go that gations such as paying child support. I tage of the bankruptcy system in good extra step not to issue credit but to in- think we are all aware of this situa- times who really didn’t need to—we form creditors. They have been refus- tion. I don’t believe we should ration can see that there has been a decline in ing to do it. credit in America. the number of filings even before we This bill also fails to close the home- I believe that we have a moral and consider the current legislation—no stead loophole. The homestead loop- legal obligation to inform consumers of one can say what the future is going to hole is a State-by-State creation. In

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.063 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1939 each State, the decision is made as to cram-down, and adopted the original cumstances they cannot control be- what they can really accept from bank- proposal incorporated in earlier cause of medical bills or a divorce and ruptcy; in other words, what can be versions of the bill. Although I opposed a lost job. If they go to chapter 13, they protected for you personally if you file the amendment in the provision in the are doing their level best to pay off the for bankruptcy. committee markup, the language was debts. This bill, as presented to us One of the areas is the so-called unfortunately unchanged. today, penalizes those people. I think homestead exemption for your home; What does the current bankruptcy that is wrong. I am going to offer a your residence. Each State has a dif- bill do? The cram-down provision as provision to change that. ferent standard. Some States are very written in the current bill would pro- Let me tell you of another area—— strict and some are wide open. hibit the use of cram-down chapter 13 Mr. LEAHY. Mr. President, will the Under this bill, someone renting or for any debt incurred within 5 years be- Senator from Illinois yield for a ques- someone with less wealth will get to fore bankruptcy for purchase of a tion? keep nothing. But a home owner who motor vehicle, and for any debt in- Mr. DURBIN. I am happy to yield for has equity in a home that has existed curred within 12 months of bankruptcy a question. prior to the 2-year cutoff can keep all for which there is any other collateral. Mr. LEAHY. I heard the Senator ear- of his equity. Failing to put a real hard This provision is unjustly tipped in lier speaking about the problem the cap on this provision only benefits the favor of the credit industry, providing credit card companies say they have in rich. little or no protection for debtors. declaring that if you pay the minimum My colleague, Senator KOHL of Wis- Let me try to put all of this legal amount what ultimately you are going consin, has said on many occasions language into simple terms. to owe. I recall the Senator from Illi- that we ought to get rid of this exemp- You buy a car. You don’t have much nois made the same point in the Judici- tion because fat cats go out and buy money, but you need a car to go to ary Committee markup. It struck me magnificent homes, ranches, and farms work. As soon as you drive the car off that the Senator from Illinois was cor- and call it their home and plow every- the lot—whether it is new or used—it rect in saying this will be a good thing thing they have into them and say to starts depreciating in value. You reach to put on the credit card. the creditor that they have nothing to a time later on where your debts have So I asked a couple people who do put on the table. It is a mistake. Sim- mounted to the point where you can’t programming in computers. I said: The ply to say if they owned it 2 years they make your car payment or a lot of Senator from Illinois has been told are off the hook, I don’t believe that is other payments. You are not going to they can’t extrapolate this; they can’t enough. file in chapter 7 to try to be absolved of put it on the bill. They said: Bull feath- There is another provision in this bill all your debts; you go to chapter 13. ers. That’s not the case at all. They relative to a system known as cram- You say: I am going to try to pay back said: This is the easiest thing to do. down. The cram-down provision we what I can pay back. One of the things They have teenage interns in their have in the current bill as written is I want to keep in this bankruptcy is company who would be glad, if you just not final. Not only does it go too far, my car because I can’t go to work gave them a couple access codes in the but it actually goes beyond the well- without my car, and I can make money credit card companies, to show them targeted provision originally proposed to pay back other creditors under chap- how to program that. by the credit card industry. This is a ter 13. If you can program what the min- very complex area of bankruptcy. imum payment is—and the minimum I note the two people in the rear of The court takes a look at the car and payment might come out to something the Chamber. One is Natacha Blaine, says: You might have paid $10,000 for it, like $118.39, because it is a certain per- an attorney on my staff, and Victoria but that was several years ago. Now centage of the overall, which might be Bassetti on my staff, who have spent that car is only worth $8,000. So if the $1,229.81—you are dealing in such several years trying to make sure I un- company you bought it from took re- strange numbers; every credit card bill derstood this provision. It is com- possession of the car, the most they is different, every minimum payment plicated. But it is very important. could get out of it is $8,000. So we will There is an area where we shouldn’t give that company a secured interest, is different, but they said with the let complexity mask the unbalanced preference in bankruptcy, for the $8,000 same program that set that up, you can nature of the cram-down provision cur- value, and the fact that you still owe basically put in a couple more lines of rently in the bill. $2,000 on it will be in the unsecured code and it can be figured out. Take a look at current law. Under claims—a little harder to collect on. I mention this because I think that is the bankruptcy code, a secured cred- You end up with your car. You end up the same experience the Senator from itor is given favored treatment for the paying the credit card company back Illinois has had. I mention it because value of the collateral that secures the the value of the car as you have it, and he is so absolutely right on this. This claim. Further, many nonpurchase you go to work. I think it makes sense. is not going to add any burden to the money security interests—where credit You are a person in chapter 13 who credit card companies. It is not going was not extended to purchase a specific said: I am going to try to pay back my to be an additional cost to them be- item—can be eliminated. debts. But now the credit industry has cause they already have the computers Or claims of abuse. When we first come in and said: Not good enough. If making the basic computations that began the bankruptcy debate, the cred- you bought that car within 5 years of are necessary. it card industry came to us with claims filing for bankruptcy, then you have to Frankly, my question is this: Is it that debtors were intentionally taking pay the entire balance on your secured not the studied position of my friend on secured debt for items such as auto- claim. We are not going to look at the from Illinois that if the credit card mobiles, which experience a rapid de- real value of the car; we are going to companies want to let you know how crease in value once they are driven off look at the paper value of your debt. much you are on the hook with them the lot, and immediately declaring So a person who wants to keep their for, they can easily do it? bankruptcy. car and go to work ends up being a Mr. DURBIN. That is exactly right. In order to address this issue, the in- loser. The Senator from Vermont under- dustry initially proposed that secured A 5-year period is totally unreason- stands, as I do, that occasionally peo- creditors would be protected for the able. That is why I think this provision ple find themselves in a difficult posi- amount of the loan if the bankruptcy does not really recognize creditors who tion where they can only make the was declared within 6 months of such are stuck and trying to get themselves minimum monthly payment in a given purchase. Thus, as an automobile loses out of a bad situation. month. They have bad circumstances value when being driven off the lot, to Keep in mind, the average person fil- and they are having a tough time of it. the extent such abuse was taking ing for bankruptcy has an annual in- I understand that. I think that is some- place, the 6-month period would fully come of around $22,000, $23,000 a year. thing that may happen to any family. protect the creditor. These are not wealthy people throwing But you ought to do it with your eyes Congress listened to the credit card money around, by and large. They are wide open, so you realize if you do this industry concerns with respect to people who have gotten into cir- repeatedly, making the minimum

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.067 pfrm08 PsN: S07PT1 S1940 CONGRESSIONAL RECORD — SENATE March 7, 2001 monthly payment month after month, I go into the stadium, go up the ramp, As a further protection, we have in you will never get out of the hole; the and at the top of the ramp someone is the amendment the statement that if hole may be there for 7 or 8 years. waving a T-shirt at me that says ‘‘Uni- you happen to have the cosignature of Now, why is the credit card industry versity of Illinois.’’ And I can say: your parent or guardian, you might so reluctant to tell consumers the What is this all about? They say: If you have more credit offered to you. truth? There was a law passed several will sign up for a University of Illinois These simple measures would protect decades ago called Truth in Lending. credit card, we will give you a free T- our young people from getting in over This credit card provision that I am shirt. They are doing everything they their heads with multiple credit cards. supporting is ‘‘truth in credit cards,’’ can to lure students to these credit It is no surprise that the credit indus- so they will at least give consumers cards. try hates this like the Devil hates holy the information so they can decide Then you go to places such as the water. The idea that they can’t go out what is best for them and their fami- University of Indiana, and the dean of and lure and hook in all of these young lies. They may decide they had better students says more students drop out people at a vulnerable point in their pay off all the balance. Maybe they do due to credit card debt than to aca- lives is something of which they are not need an extra credit card. They can demic failure. frightened. They are going to oppose make a responsible decision. What are the statistics on young peo- the Feinstein amendment. This whole debate about bankruptcy ple filing bankruptcy in America? In Let me talk for a moment about got started when the credit industry the early 1990s, only 1 percent of all moral stigma, the moral stigma of peo- came to my office and said they personal bankruptcies were filed by ple with an average income of $22,000 a thought bankruptcy had lost the moral people under the age of 25. By 1996— year going to bankruptcy court, heart- stigma it once had: Too many people just a few years later—that figure in- broken over medical bills or divorce or are flooding the bankruptcy courts, creased to 8.7 percent—more than an loss of job. How about the moral stig- and they are not very embarrassed by eightfold increase in the proportion of ma of these credit card companies, it. young, college-age people filing for wallpapering college campuses with I can tell you, the attorneys and the bankruptcy. credit cards the kids just can’t keep up trustees and the judges to whom I have Remember, my friends, student loans with. I know Senator FEINSTEIN plans spoken dispute that. They find people are not dischargeable in bankruptcy. to reoffer her amendment on the floor. showing up in these courts very sad So if you go into a bankruptcy court Senator JEFFORDS and I are cosponsors about the circumstances that surround because you are in over your head with of this sensible, bipartisan amendment. them. They have done their level best a credit card, you still have your stu- I urge my colleagues to support it. with small businesses and their fami- dent loan hanging after you have left Balance is certainly the order of the lies, and they are in over their heads the court. That, to me, says we have a day in this debate. We are a new Con- and have nowhere to turn. They have a scandalous situation on our hands that gress with a balanced 50/50 Senate. We family tragedy they didn’t anticipate— the credit card industry is exploiting. have a new President, faced with the usually a medical bill they can’t pay— The amendment Senator FEINSTEIN challenge of uniting an evenly divided and they wish they never had to be in will offer a little later addresses it. electorate. We have a new and real op- bankruptcy court. Let me give you one illustration. portunity to work together to pass I also turned to the credit card indus- Sean Moyer got his first credit card at genuine bankruptcy reform, reform try and said: If we are talking about a age 18, when he was a student at the that is balanced, meaningful, and fair. moral stigma, what is your moral re- University of Texas. Sean committed In a few moments I will send to the sponsibility when it comes to flooding suicide at age 22, after he ran up more desk an amendment to the bankruptcy America with credit card applications? than $14,000 in debt on his credit cards. bill aimed at another area of abuse When it comes to young people in His mother told CBS News the fol- which should be resolved. It is directed America, who do not have any source lowing: particularly to what is known as preda- of income, receiving solicitation after It just did not occur to me that you . . . tory lending practices. Much of our dis- solicitation for credit cards, don’t you would give a credit card to an 18-year-old, cussion concerning reform of the Na- have some responsibility to make sure who was . . . making minimum wage [at a tion’s bankruptcy laws is focused on you are not extending credit beyond a job]. I never thought that he would end up the perceived abuses of the bankruptcy with, I think it was two Visas, a Discover, a system by consumers and debtors. person’s ability to pay? They will not MasterCard. When [Sean] died, he had 12 accept that responsibility. credit cards. Much less discussion has occurred with Why is it that they focus on college Sean was a smart kid, a National regard to abuses by creditors who help students, for example? They believe in Merit Scholar winner. He was on his usher the Nation’s consumers into brand loyalty. They think if you are in way to law school. But in many ways bankruptcy. college and you decide to take a Visa I believe there are abuses on both he was a young boy who succumbed to card, or a MasterCard, or a Discover sides and that bankruptcy reform is in- the temptation of easy credit. card, or an American Express card, As his mother went on to say: complete if it does not address both that is going to be your favorite brand sides. Studies have identified a host of Anybody that has 18-year-olds knows they of credit. They want to get you early. are not adults [many times]. I don’t care predatory financial practices directed And some sad things have resulted. what the law says. They are 18 one minute. at the Nation’s financially vulnerable. Senator FEINSTEIN of California and I They are 13 the [next]. Here they are in col- These studies suggest that many low- are going to offer an amendment a lit- lege, their first time away from home. income Americans participate in a vir- tle later. The amendment is going to They’re learning to [try to] manage their tual fringe economy. They may lack set a cap on the total amount of credit money. access to mainstream banks and finan- available to young people through We ought to keep people such as Sean cial institutions. They may lack the their credit cards. It is a sensible meas- Moyer and these young men and collateral or the credit rating needed ure that protects college students and women in our mind as we talk about to secure loans for a home, to buy a other young adults who are at an age bankruptcy reform. That is why Sen- car, pay for home repairs, or other es- when many are getting their first taste ator FEINSTEIN’s amendment makes so sential needs. This vulnerable segment of personal and financial independence. much sense. It sets a reasonable credit of our economy is at the mercy of a va- It protects the companies issuing the cap for all credit cards. We are not say- riety of credit practices by a variety of credit cards from having their cus- ing a young person can’t have a credit offerors that can lead to financial ruin. tomers assume far more debt than they card. We are talking about unlimited High-pressure consumer finance com- are able to handle. credit, that we get a young person with panies have bilked unsophisticated I do not need to tell you there is an literally no job with debt of $14,000 or consumers out of substantial sums by epidemic of credit card default among more. This is a reasonable extension of aggressively marketing expensive loan young people today, especially on col- credit for these young credit card hold- insurance products, charging usurious lege campuses. I can go to a University ers. It is indexed to the consumer price interest rates, urging repeated refi- of Illinois football game in Champaign. index to adjust to inflation. nancing, and loading their products

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.070 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1941 with hidden fees and costs. High cost are preying on vulnerable consumers ished with this mortgage that this fel- mortgage lenders have defrauded mil- across America, usually widows, usu- low convinced her to sign for, her lions of older Americans with modest ally elderly women, ultimately trying $54,200 loan will have cost her $154,967, income but substantial home equity of to take away their homes in bank- and she faces a balloon payment of al- their lifelong home ownership invest- ruptcy court. most $48,000 at the end. ments. Senator GRASSLEY of Iowa, who We are considering a bankruptcy re- When Ms. McNab turns 83 years old, has been the chairman of the Senate form bill where we are supposed to be she will be saddled with this balloon Special Committee on Aging, has held eliminating abuses? For goodness’ payment that she will never be able to hearings, heartbreaking stories of el- sake, should we not eliminate the use make. She will face foreclosure of prob- derly people, usually women living of the predatory lending which we see ably the only real asset in her life— alone, who are preyed upon by these is growing by leaps and bounds in this something she has worked for her en- companies that come in and lure them country? tire life—and she will be forced to con- into signing documents they barely un- By 1999, outstanding subprime mort- sider bankruptcy. She will face the loss derstand for repair of their homes with gages amounted to $370 billion. Home of her home and her financial security, terms and conditions that are unfair by Mortgage Disclosure Act data shows a not to mention her dignity and sense of any standard. substantial growth in subprime lend- well-being. Ironically, she had to pay Some auto lenders in the used car in- ing. The number of home purchase and this mortgage broker a $700 fee to find dustry have gouged consumers with in- refinance loans reported under HMDA her this ‘‘wonderful’’ loan—a mortgage terest rates as high as 50 percent, with by lenders specializing in subprime broker who also collected a $1,100 fee assessments for credit insurance, re- lending increased almost tenfold be- from the mortgage lender. pair warranties, and hidden fees, add- tween 1993 and 1998, from 104,000 to Unfortunately, Ms. McNab is a typ- ing thousands of dollars to the cost of 997,000. I will relate a few stories in a ical target of the high-cost mortgage an otherwise inexpensive used car. moment that will illustrate the kinds lender—an elderly person, living alone, Pawnshops in some States have of loans, the kinds of, what I consider, on a fixed income. She is just the kind charged annual rates of 240 percent or extremely corrupt practices by the of person who may suddenly have en- more to customers who have nowhere credit industry that are rewarded in countered the death of a spouse and the else to turn for small short-term loans. bankruptcy court. loss of income, a large medical bill, an Abusive credit practices of every stripe You will see when this amendment expensive home repair, or mounting harm millions of older and low-income comes up for a vote if the credit indus- credit card debt. All of these things Americans every single year. try itself, which prides itself on being a could push her over the edge, just mak- During the committee debate on S. major financial institution in America, ing regular monthly payments, not to 1301, I offered an amendment designed is willing to step forward and point out mention a $48,000 balloon payment, at to address and curtail just one bad the wrongdoers within its own ranks. the age of 83. practice among many predatory high- Sadly we have seen over the last sev- These are all real-life circumstances cost mortgage loans targeted at the eral years they were not. which make her an irresistible target low-income elderly and the financially The growth of the subprime lending for some of the most unscrupulous unsophisticated. This amendment was industry is of concern to us for two members of the mortgage industry in adopted unanimously on a previous bill reasons: First, because of their rep- America. and was stripped out in conference. The rehensible practices called predatory According to a former career em- credit industry did not want us to even lending practices, which some of these ployee of this industry who testified go after the bottom feeders in their companies use to conduct their busi- anonymously at a hearing before Sen- business, the people who prey on the el- ness; second, because of the vulnerable ator GRASSLEY’s committee, ‘‘My per- derly and uninformed. people involved, senior citizens, low-in- fect customer would be an uneducated I will reoffer this language today as come people, the financially unwary to woman who is living on a fixed in- an amendment to this bankruptcy bill. whom they often target their loans. come—hopefully from her deceased This is the exact same language that According to 1998 Home Mortgage husband’s pension and social security— was in the 1998 bankruptcy bill that Disclosure Act data, low-income bor- who has her house paid off, is living off passed the Senate 97–1. It is also the rowers accounted for 41 percent of credit cards but having a difficult time same language that many of my col- subprime refinance mortgages. Afri- keeping up with her payments, and leagues, including Senator Grassley can-American borrowers accounted for who must make a car payment in addi- and Senator SPECTER, voted for in the 19 percent of all subprime refinance tion to her credit card payments.’’ 106th Congress. It is my hope that they loans. In 1998, when Senator GRASSLEY This industry professional candidly will join me in supporting this amend- held the hearing I referred to earlier acknowledged that unscrupulous lend- ment again. with the Special Committee on Aging, ers specifically market their loans to In recent years there has been an ex- several people came forward to tell elderly widowed women, people who plosion on the market for this type of their stories. haven’t gone to school, who are on home mortgage, generally for second William Brennan, director of the fixed incomes, have a limited command mortgages that are not used to fund Home Defense Program of the Atlanta, of the English language, and people the purchase or construction of a GA, Legal Aid Society, put a human who have significant equity in their home. The market is known as the face on this issue and this amendment. homes. subprime mortgage industry. The He told us of the story of Genie McNab, They targeted another such person subprime mortgage industry offers a 70-year-old woman living in Decatur, right here in Washington, DC, by the home mortgage loans to high-risk bor- GA. name of Helen Ferguson. She also tes- rowers, loans carrying far greater in- Mrs. McNab is retired. She lives tified before Senator GRASSLEY’s com- terest rates and fees than conventional alone on Social Security and retire- mittee. She was 76 years old at the loans and carrying extremely high ment. In November of 1996, a mortgage time. This is what she told us: As a re- profit margins for the lenders. broker contacted her and, through this sult of predatory lending practices, she According to the Mortgage Market mortgage broker, she obtained a 15- was about to lose her home. In 1991, she Statistical Annual for the year 2000, year mortgage loan for $54,000 from a had a total monthly income of $504 subprime loan originations increased large national finance company. Her from Social Security. With the help of from $35 billion in 1994 to $160 billion in annual percentage rate was 12.85 per- her family, she made a $229 monthly 1999. cent. Listen to the terms of the mort- mortgage payment on her home. How- As a percentage of all mortgage gage. She will pay $596.49 a month until ever, on a fixed income she didn’t have originations, the subprime market the year 2011, when she will be ex- enough money for repairs. She started share increased from less than 5 per- pected, and required, to make a final listening to radio and TV ads about cent in 1994 to almost 13 percent in payment of $47,599.14—a balloon pay- low-interest home improvement loans. 1999. This is not an isolated incident. ment for an elderly lady living on So- She called one of the numbers. She This is a trend, a trend where people cial Security. By the time she is fin- thought she had signed up for a $25,000

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.079 pfrm08 PsN: S07PT1 S1942 CONGRESSIONAL RECORD — SENATE March 7, 2001 loan. In reality, the lender collected tears into buying a piece of the American mortgages, provide her with $5,000 in over $5,000 in fees and settlement dream and that is their own home. extra cash and lower her monthly charges for a $15,000 loan. He goes on to say: mortgage payments. Ms. Johnson was Again, describing the predatory Before we begin this hearing, I want to in desperate need of cash to repair her cases, Ms. Ferguson decided she needed quote a victim—a quote that sums up what kitchen. She agreed to meet with the to take out a loan. She thought she we are talking about here today. She said broker. was borrowing $25,000. After the fees, the following: ‘‘They did what a man with a She met with broker twice. On sec- she was borrowing $15,000. She was liv- gun in a dark alley could not do: they stole ond visit she was presented with a myr- ing on $500 a month in Social Security. my house.’’ iad of papers to sign. The interest rate the lender charged That is Senator GRASSLEY talking Ms. Johnson, who suffers from glau- her was 17 percent. Her mortgage pay- about predatory lenders, who are pro- coma was not able to read the docu- ments went up to $400 a month—almost tected by this bankruptcy bill. That is ments carefully. In fact, after looking twice her original payment. Over the why I am offering this amendment. over only a few of the papers she next few years, this lender repeatedly They don’t deserve this protection. Ms. stopped because her eyes became too tried to lure Ms. Ferguson into more Ferguson was eventually obligated to tired to continue. debt. He called her at home, called her make more than $800 monthly pay- Nonetheless, based on the broker’s sister at home and at work, and he sent ments, although her income was $500— promises and representations that the her letters, and, God bless him, he even and the lenders knew it from the start. loan would provide her with cash to re- sent a Christmas card. In March of In 5 years, the debt on her home—this pair her kitchen and lower her mort- 1993, she gave in to this lender, bor- elderly lady living on Social Security— gage payments, Ms. Johnson signed the rowing money to make home repairs. increased from $20,000 to over $85,000. loan documents. She was not provided By March of 1994, she could not keep She felt helpless and overwhelmed. It with copies of any of the documents. up with her mortgage payments. She was only after contacting AARP that The mortgage documents created a signed for a loan with another lender, she realized these lenders were vio- loan transaction between Ms. Johnson unaware that it had a variable interest lating the Federal law. and Mercantile for the principal rate and terms that caused her pay- Lump-sum balloon payments on amount of $90,000 with an annual per- ments to rise to $600 a month and even- short-term loans, loan flipping, the ex- centage rate of 14.8 percent. tually to $723 a month. Remember, $500 tension of credit with a complete dis- The transaction created a 15-year a month was her Social Security in- regard for the borrower’s ability to loan with monthly mortgage payments come. She is now up to $723 a month in repay—these aren’t the only abusive of $994.57, excluding taxes and insur- mortgage payments. For this loan, she mortgage practices. Lenders on these ance, with a balloon payment on the paid $5,000 in broker fees and more secondary mortgages sometimes in- 180th month of $79,722.61. than 14 percent in total fees and settle- clude harsh repayment penalties in the The monthly mortgage payment was ment charges. The first lender also loan terms, or rollover fees and charges 80 percent of this retired lady’s income. continued to solicit her. She eventu- into the loan, or negatively amortize The final balloon payment—the ally signed up for even more loans. the loan payment so the principal actu- amount of principal owed after Ms. Each time, the lender persuaded her ally increases over time—all of which Johnson pays the lender approximately that refinancing was the best way out is prohibited by law, although ordinary $1,000 a month over 15 years—was of her predicament. homeowners are unlikely to even know greater than the secured debt on her Ms. Ferguson was the target of a that. Some of these homeowners will home before she entered into this predatory loan practice known as loan make it to a lawyer and get help before agreement. flipping. it is too late. Many of them will be Ms. Johnson received no proceeds Why is this an important discussion forced into bankruptcy court. They from the transactions. The broker and in the middle of a bankruptcy bill? Be- will walk into that court, and this lender received at least $9,760 in points cause, frankly, these bottom feeders slimy individual and his company, and fee from the loan. Equicredit is make terrible loans to vulnerable peo- which has given them this terrible loan now attempting to foreclose on Ms. ple who ultimately end up in bank- that violates the law, will stand up Johnson’s home. ruptcy court, taking away the homes proudly, through his lawyer, and take Then the case of James and Clarice of people such as Ms. Ferguson. it all away. Mason, the lender was Fieldstone, then I have tried to convince my col- This bill will not even address that Household. leagues on the committee that if we issue unless the Durbin amendment is James Mason, age 62, with his wife are going to reform the bankruptcy adopted. Clarice who died on June 8, 1999, owned code, for goodness’ sake, why would we On March 5, US News & World Report and lived in his home on the west side reward people who are making these featured a telling article in their busi- of Chicago since 1971. terrible arrangements with elderly, ness & technology section entitled: In 1991, the Masons successfully paid low-income people, with limited edu- ‘‘Sometimes a deal is too good to be off the original mortgage on their cation, and taking away the only thing true: Big-bank lending and inner-city home. they have on Earth—their homes? evictions.’’ In the article Jeff Glasser In 1993, Mrs. Mason became disabled When I say this to the financial in- describes two cases that originate from due to diabetes and arthritis. dustry and the credit card industry, my home state of Illinois that I want In 1995, Mr. Mason became disabled they say, ‘‘You just don’t understand to share with you. due to a stroke. The stroke has left Mr. the free market.’’ The free market? The first involves Goldie Johnson. Mason with brain damage that has im- This isn’t a free market. This is some The lender was Equicredit, a subsidiary paired his memory and thinking. of the worst corruption, worst credit of Bank of America: In November 1998, Mr. and Mrs. Ma- practices in America. We are about to Goldie Johnson is a 71-year-old home- son’s home was free and clear of all protect them with this bill. owner who lives on the Westside of Chi- liens. Let me tell you what Senator GRASS- cago with her daughter and 4 grand- On or about the end of November LEY said about it when he held this children. Her income is $1,270 a month 1998, they were repeatedly solicited for hearing back in 1998. My colleague from Social Security and pension. Be- home repair work. Mrs. Mason eventu- from Iowa has a lot of Midwestern wis- tween June 1996 and March 1999, Ms. ally agreed to meet with home repair dom to share here: Johnson entered into at least three re- company and later mortgage broker. What exactly are we talking about when financing agreements with various They promised the necessary repairs we say that equity predators target folks subprime lenders and brokers. would cost $15,000 and that the broker who are equity rich and cash poor? These In March, Ms. Johnson was contacted would help them find financing. folks are our mothers, our fathers, our aunts and uncles, and all people who live on fixed through a phone solicitation by a On December 6, 1998, about a week incomes. These are people who often times mortgage broker, who promised Ms. after completing the loan application, exist from check to check and dollar to dol- Johnson that she could get a new loan Mrs. Mason was hospitalized for com- lar, and who have put their blood, sweat, and that would refinance her two existing plications arising from her diabetes.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.082 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1943 On December 7, 1998, Mrs. Mason was Johnson, who suffers from glaucoma, says banks also claim that the number of preda- visited at the hospital by a broker who she could barely read them. ‘‘Don’t worry tory lending cases is minuscule, though con- explained that he had come to visit about it,’’ he said. So she signed, 13 times. sumer advocates disagree. (There are no na- Johnson says she never saw any cash. The tional data to resolve that dispute.) Mrs. Mason and to help her complete loan she signed saddled her with monthly Flipping and packing. The taint of preda- her loan transaction. What a wonderful payments of $994.57—about $200 more than tory lending hasn’t deterred major banks person. He then present Mrs. Mason she had been paying—and consumed about 80 from entering the growing subprime market. with numerous documents and told percent of her fixed income. A balloon pay- There were 856,000 subprime loans issued in Mrs. Mason to sign them. The agent of ment of $80,000 would be due the year John- 1999, six times as many as in 1994. Those the company provided Mrs. Mason with son turns 86. Meanwhile, Diamond’s company loans often produce margins eight times no opportunity to review the docu- fee for selling the loan came to $9,010. ‘‘I’ve those of conventional mortgages, although ments, but assured her that this was heard of sticking people up with guns, not there’s a greater risk of default and higher with pens,’’ says Johnson, who cannot pay servicing costs. Banks can make more the loan she had ‘‘discussed’’ with New the mortgage and is fighting to save her money by packaging subprime loans as mort- Look that would allow her home to be home from foreclosure in court. Diamond gage-backed securities and selling them to repaired. disputed her account and denied wrongdoing mutual funds. Mrs. Mason, although unclear about through his lawyer. But can the major banks help curb bad what she was signing, signed all the What’s unusual about the case of Goldie practices? Citigroup will be the largest test documents provided by the agent be- Johnson is that she wasn’t simply the al- case. In November, the company completed a cause she trusted him. She believed he leged victim of a fast-talking predator. Her $27 billion acquisition of Associates First loan was sold to a company called was trying to help. Capital, which was spending $19 million to EquiCredit, a subsidiary of the Bank of fight more than 700 lending lawsuits. The At the time she signed the loan docu- America, a prestigious institution not often suits spotlight more questionable tactics. ments, Mrs. Mason was in a disoriented linked to inner-city evictions. But Bank of For example, Associates established quotas state due to her severe illness. At the America is one of a number of the nation’s for refinancing loans over and over, or ‘‘flip- time she signed the loan documents, top commercial banks, including Citigroup ping’’ them, with no benefit to the consumer, Mrs. Mason’s vision was impaired be- and J. P. Morgan Chase, that have recently former company employees testified. (Its cause of a cataract on one of her eyes. inked deals with subprime lenders—compa- motto, according to the court papers: ‘‘A At no time was Mr. Mason, co-owner of nies that offer loans to people with less than loan a day or no pay.’’) perfect credit. Subprime loans promise profit Another common practice, employees said, the home, asked to sign any of the loan margins far greater than do low-interest con- was the ‘‘packing’’ of costly insurance prod- documents. Nonetheless, Mr. Mason’s ventional mortgages. ucts into the price of a loan. Consider the forged signature appears on the mort- This foray by the big banks coincides with testimony of Rick McFadden, a branch man- gage agreement. The documents that a surge in the number of subprime loan de- ager in Tacoma, Wash. When he failed to were ‘‘signed’’ created a 30-year loan faults. Certainly not all subprime loans are tack on the insurance, the boss would crum- agreement, with a principle of $70,000. predatory. But foreclosures in the Chicago ple a piece of paper into the phone. ‘‘You Under the terms of the loan, Mr. and area by subprimes have risen from 131 in 1993 hear that?’’ the boss would say. ‘‘That’s your to 4,958 in 1999, according to the National Mrs. Mason’s monthly mortgage pay- loan. It doesn’t have any insurance on it. Training and Information Center, a watch- ...’’ And into the trash it would go. A ment was to start at $601.41 and adjust dog group. Consumers in other areas are also Citigroup spokesman declined to comment upward to $697. complaining about lending abuses, causing on the testimony but said the issues ‘‘have Remember, this is an elderly couple more than 30 states and dozens of cities to been addressed in the pledges we’ve made.’’ retired with their home all paid for, consider curbs on predatory lending. Citi settled a Georgia class-action ‘‘packing’’ and to get $15,000 worth of repairs on The upswing in defaults poses a double lawsuit in January for $9 million and, U.S. their home, they signed on to a mort- challenge for the big banks: They must fend News has learned, a similar suit in Pennsyl- gage that cost them about $700 a off hundreds of lawsuits brought against vania. In reforms announced last fall (includ- their subsidiaries. As they do so, they will be month. ing caps on fees and improved training), the asked to bring better practices to an indus- company condemned the practices of ‘‘pack- Under the terms of the loan, Mr. and try derided as ‘‘legalized loan sharking’’ by ing’’ and ‘‘flipping.’’ Mrs. Mason were charged at least $7,343 detractors. Still, victims seeking restitution are hav- in prepaid finance charges. The tactics are all too familiar. Critics call ing a hard time figuring out who is to blame. The home contractor received $35,000. one the ‘‘bait’’ scam: In Philadelphia, where In Goldie Johnson’s case, her loan was solic- The Masons received no money. the 3,226 foreclosures last year were almost ited by Diamond but ended up in Work was barely started and never double the number in 1997, a poor veteran EquiCredit’s portfolio. The Bank of America named Leroy Howard says in bankruptcy pa- subsidiary then tried to foreclose on John- completed. pers that he was lured into refinancing his A suit was filed against the home re- son. The company claimed in court, however, mortgage with an offer of $4,000 in cash and that it was not responsible for tactics used pair company, broker, and two lenders. debt relief. When he accepted, his mortgage to sell the original mortgage. (Since the law- After the suit, the home was severely doubled in size to $40,000, including $9,040 in suit was filed, the loan has been sold again.) damaged by a suspicious fire. new fees and charges. Howard’s attorney The insulation of the banks rankles legal-aid Mr. President, I ask unanimous con- charges the lender made the loan even lawyers. ‘‘At some point, the ostrich defense sent that this US News & World Report though it was aware Howard could not repay doesn’t work,’’ says Johnson’s attorney, Ira it; a notation in his file says he would use article be printed in the RECORD. Rheingold. the cash for food. Citigroup, which acquired While lawyers and lenders duke it out, There being no objection, the article the loan’s servicing rights, settled the case. was ordered to be printed in the once stable neighborhoods in places like There’s the hard sell: In Chicago, it is al- Maywood, Ill., a working-class Chicago sub- RECORD, as follows: leged in court that a home improvement con- urb, are filled with boarded-up houses result- [From U.S. News & World Report, March 5, tractor, along with a mortgage broker, went ing from foreclosures. Resident Delores 2001] to a local hospital and persuaded a woman Rolle, 51, says gang members from the Latin admitted there to refinance on unfavorable SOMETIMES A DEAL IS TOO GOOD TO BE TRUE Kings took over an abandoned house, put up terms. ‘‘You couldn’t tell him no that day,’’ (By Jeff Glasser) drapes, and used it for drug dealing. ‘‘This says Valerie Mason, daughter of the woman, has been a nightmare,’’ says Rolle. ‘‘It’s Bei- CHICAGO.—One day in March 1999, mortgage who has died. rut around here.’’ broker Mark Diamond arrived on Goldie The banks don’t condone these tactics. Johnson’s west-side doorstep, his portable ‘‘Small, unscrupulous lenders don’t have to Mr. DURBIN. As demonstrated in photocopier in tow. Here’s the 72-year-old re- follow the rules,’’ says Howard Glaser, chief these cases, the people soliciting these tiree’s version—from court papers and inter- lobbyist for the Mortgage Bankers Associa- loans have won their trust and con- views—of how Diamond’s promise to save her tion. The responsible lenders ‘‘get tainted by fidence, and the homeowners are reluc- thousands of dollars may end up costing what the bad actors do.’’ The major lenders— tant to believe that they have been so Johnson her home: He told her that if she re- including Citigroup and Bank of America— ruthlessly taken in. financed her mortgage, he could cut her argue that subprime lending doesn’t bilk the Just this morning the Washington debts and get her up to $8,000 in cash. With innocent or gut neighborhoods. Far from it, Post reported that the Federal Trade the money, she could fix her rotting kitchen they say: The vast majority of the loans help floors and replace the rickety basement people with bad credit to repair their homes Commission sued the Associates, a beams. But to get the cash, she had to act and settle their debts. A decade ago, home- lending unit of Citigroup, for its preda- fast. (She believed him. He said he was ‘‘in owners with imperfect credit would have tory lending practices. the business of helping senior citizens.’’) He paid 5 to 10 percentage points more for loans, This is not just an occasional store- handed her a thick stack of loan papers. they say, if they could get a loan at all. The front operation. The growth of these

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.025 pfrm08 PsN: S07PT1 S1944 CONGRESSIONAL RECORD — SENATE March 7, 2001 predatory loans tells us we are dealing had to borrow to meet emergency needs and these major credit companies and fi- with a national phenomenon. This is often had no other access to capital.’’ nancial institutions oppose this amend- what they said at the FTC about this The suit seeks financial redress but doesn’t ment. They say: If you get your nose specify an amount, ‘‘If all of the charges are group from Citigroup called Associates: proven [the amount] could be much more under the tent, DURBIN, we don’t know ‘‘They hid essential information from con- than $500 million,’’ Bernstein said. That where you are going next. sumers, misrepresented loan terms, flipped number is drawn from the Associates finan- I suggest to them that they ought to loans [repeatedly offering to consolidate cial reports, which show earnings of more look outside their tent for a moment at debt into home loans] and packed optional than $500 million from 1995 to 1999 in single- some of the scummy practices of peo- fees to raise the costs of the loans,’’ said premium credit life insurance premiums ple who say they are also their broth- Jodie Bernstein, director of the FTC’s Bu- alone. ers and sisters in the mortgage credit reau of Consumer Protection. The practices, Single-premium credit life insurance, she said, ‘‘primarily victimized . . . the most which enrages consumer groups, is paid up- industry. They should not make ex- vulnerable—hardworking homeowners who front through a home loan, rather than cuses for them and expect the Amer- had to borrow to meet emergency needs and monthly. ican people to trust the mortgage cred- often had no other access to capital.’’ Because such insurance was factored into it industry when they tell us they have Mr. President, I ask unanimous con- the loans, it added ‘‘hundreds or thousands of the best interest of consumers in sent that this article from today’s dollars to consumers’ loan costs,’’ and in America in their hearts. Washington Post be printed in the many instances ran out years before the The result of my amendment will be home loan did, the FTC said. Credit life in- that when individuals like Genie RECORD. surance is a way to cover the borrower’s loan There being no objection, the article payments in the case of death, illness or loss McNab, Helen Ferguson, Goldie John- was ordered to be printed in the or employment. But the FTC said Associates son, or the Masons, goes to the bank- RECORD, as follows: employees did not always mention or explain ruptcy court—seeking last-resort help [From The Washington Post, March 7, 2001] products and discouraged consumers from re- for the financial distress an unscrupu- FTC SUES LENDING UNIT OF CITIGROUP fusing them. lous lender has caused her—the claim Federal and state regulators cleared the ASSOCIATES ACCUSED OF ‘‘ABUSIVE’’ ACTS of the predatory home lender will not way for the Citigroup-Associates merger last be allowed. (By Sandra Fleishman) year despite consumer groups’ pleas that The Federal Trade Commission yesterday Citigroup first be required to agree to spe- If the lender has failed to comply sued a recently acquired arm of financial cific steps to protect consumers. with the requirements of the Truth in giant Citigroup Inc., accusing it of deceiving Yesterday, consumer groups welcomed the Lending Act—a law created by Con- often cash-strapped home-equity borrowers FTC suit but sought further action. gress and signed by the President—for through ‘‘systematic and widespread abusive ‘‘The FTC case backs up what we’ve been high-cost second mortgages, the lender lending practices.’’ saying, that Associates has been ripping off will have absolutely no claim against The case is the largest ever brought for homeowners across the country,’’ said Maude the bankruptcy estate. abusive or predatory lending by the FTC, the Hurd, president of the Association of Com- government’s chief consumer-protection munity Organizations for Reform Now. My amendment is not aimed at all agency. If the case is proven, the FTC esti- Citigroup’s stock closed yesterday at subprime lenders or all second mort- mates that it could result in hundreds of $48.63, up 38 cents, on the New York Stock gages. Indeed, it is only aimed at the millions of dollars in refunds to tens or hun- Exchange. John Wimsatt, who tracks worst, most predatory scum-sucking dreds of thousands of borrowers. Citigroup for Friedman, Billings, Ramsey bottom feeders in this industry. My The suit filed in U.S. District Court in At- Group Inc., said strong investor confidence provision is aimed only at practices lanta names New York-based Citigroup, in the company reflects ‘‘consensus esti- that are already illegal under the law. mates that it will earn about $15.8 billion’’ in CitiFinancial Credit Co. and the acquired It does not deal with technical or im- companies, Associates First Capital Corp. 2001 and the belief that the company, aware and Associates Corp. of North America, col- of the FTC investigation, either put money material violations of the Truth in lectively known as Associates. into reserves to cover the litigation ‘‘or Lending Act. Disallowing the claims of Associates, which specialized in loans to factored it into the purchase price.’’ predatory lenders in bankruptcy cases higher-risk borrowers, was one of the na- Most of the other 14 predatory lending will not end these predatory practices tion’s largest home-equity lenders when cases the FTC has brought since 1998 have always. But for goodness sake’, why Citigroup bought it in November for $31 bil- been settled. One case still in litigation in- should we come to this floor and pass a lion. It was then wrapped into the bank’s volves Washington-based Capital City Mort- law to protect these people? It is one gage Corp. CitiFinancial unit. step we can take to curb credit abuse Yesterday’s action was sought by con- Mr. DURBIN. The problem of preda- sumer activists, who for years labeled Asso- in a situation where the lender bears tory financial practices in the high- primary responsibility for the deterio- ciates as the worst predatory lender in the cost mortgage industry is relevant to country. ration of a consumer’s financial situa- The FTC has been investigating Associates bankruptcy because it is driving vul- tion. since at least 1998, when the company was a nerable people into bankruptcy. These AMENDMENT NO. 17 subsidiary of Ford Motor Co. Ford eventu- people are not entering bankruptcy in ally spun it off. order to abuse the system. They are fil- Mr. President I send my amendment In a statement issued yesterday, Citigroup ing bankruptcy because the reprehen- to the desk. said, ‘‘We regret that we have been unable to sible tactics of unscrupulous lenders The PRESIDING OFFICER. Is the resolve the FTC claims regarding past prac- have driven them into insolvency and Senator seeking consent to set aside tices of the Associates without litigation.’’ the pending amendment? The statement also said: ‘‘From the time threatens their homes, cars, and other necessities; frankly, everything they Mr. DURBIN. Yes, I ask unanimous we announced our intent to acquire Associ- consent. ates, we indicated our full commitment to own on Earth. resolve concerns that had been raised about My amendment prohibits a high-cost The PRESIDING OFFICER. Without their business. To date, we have reached out mortgage lender that extended credit objection, it is so ordered. to nearly a half-million customers including in violation of the provisions of the The clerk will report the amendment. every Associates home loan customer, and Truth-In-Lending Act from collecting The bill clerk read as follows: we will continue these outreach efforts.’’ its claim in bankruptcy. The Senator from Illinois [Mr. DURBIN], According to the FTC suit, Associates’ ag- proposes an amendment numbered 17. gressive marketing ‘‘induced consumers to I repeat this because the credit in- refinance existing debts into home loans dustry which opposes this amendment, Mr. DURBIN. Mr. President, I ask with high interest rates, costs and fees and opposes the following: A suggestion by unanimous consent the reading of the to purchase high-cost credit insurance.’’ me that if you have made a high-cost amendment be dispensed. ‘‘They hid essential information from con- mortgage loan and in doing so violated The PRESIDING OFFICER. Without sumers, misrepresented loan terms, flipped the provisions of the Truth in Lending objection, it is so ordered. loans [repeatedly offering to consolidate Act, you cannot go into bankruptcy The amendment is as follows: debt into home loans] and packed optional court and be protected by the laws of fees to raise the costs of the loans,’’ said (Purpose: To make an amendment with re- Jodie Bernstein, director of the FTC’s Bu- the United States. If you violated the spect to predatory lending practices, and reau of Consumer Protection. The practices, law to create this mortgage, then the for other purposes) she said, ‘‘primarily victimized . . . the most bankruptcy court law will not protect At the end of subtitle A of title II, add the vulnerable—hardworking homeowners who you. It is that simple. You wonder why following:

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.029 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1945 SEC. 204. DISCOURAGING PREDATORY LENDING Mr. HATCH. As a result of this agree- it require that a violation of the Home PRACTICES. ment, at least two back-to-back votes Ownership Equity Protection Act had Section 502(b) of title 11, United States Code, is amended— will occur at 6:50 this evening. So I put to have been found for this draconian (1) in paragraph (8), by striking ‘‘or’’ at the all colleagues on notice that we will remedy to take place. end; have at least two back-to-back votes. The result, I am afraid, will be litiga- (2) in paragraph (9), by striking the period AMENDMENT NO. 17 tion within a bankruptcy proceeding at the end and inserting ‘‘; or’’; and Mr. President, as I understand it, the and a bankruptcy judge passing judg- (3) by adding at the end the following: amendment of the distinguished Sen- ment on Federal lending laws. Further- ‘‘(10) the claim is based on a secured debt, ator from Illinois, the predatory lend- more, I don’t know why every debtor if the creditor has failed to comply with any ing amendment, takes away the lend- will not allege a violation of the Home applicable requirement under subsection (a), er’s right to satisfy a claim to get paid Ownership Equity Protection Act in (b), (c), (d), (e), (f), (g), (h), or (i) of section the hopes of winning this lottery of 129 of the Truth in Lending Act (15 U.S.C. on the debtor’s bankruptcy if there was 1639).’’. any ‘‘material’’ Home Ownership Eq- getting your home mortgage wiped out for even minor violations which did not Mr. DURBIN. Mr. President, I rep- uity Protection Act violation. The contribute in any way to the bank- resent to Members of the Senate that Home Ownership Equity Protection my description of this amendment is Act is not a predatory lending law. Any ruptcy of the debtor. attempt to characterize it as such is This is just plain bad policy. We can’t very simple. Senator GRASSLEY is on permit this type of an amendment on the floor, and I can say his hearings be- misleading and inflammatory. Many legitimate lenders—banks, this bill. It is one thing to use rhetoric fore the Select Committee on Aging re- community banks, and finance compa- about predatory lenders, but I believe garding predatory lending have in- nies—make home equity loans which the current law takes care of that, and, spired us to offer this amendment. fall under this act, codified section 129 frankly, I don’t think we should try to Some of the statements he made dur- in the Truth in Lending Act. Section ing the course of those hearings about disturb it with an amendment that 129 recognizes a legitimate sector of the abuses of predatory lending and the doesn’t do the job and, in fact, can do the home lending market, certainly victims across America have led us to an awful lot of harm. one that is not ‘‘predatory’’ and al- We have to oppose the sincere amend- offer an amendment on the floor of the ready provides ample protection for ment of the distinguished Senator. I Senate to the bankruptcy bill to say consumers, both in the form of disclo- hope our colleagues will vote it down. these people who are taking advantage sures and substantive prohibitions and It would cause tremendous problems. of otherwise good citizens should not remedies for violations of this act. Last, but not least, I know my col- be allowed the protection of the bank- First, this is a banking amendment. league is not trying to do this—or at ruptcy court. If they violate the law in This is outside the jurisdiction of this least I believe he is not trying to do creating this debt, they shouldn’t be committee. Second, and more impor- this—but this would lead to all kinds of able to hide behind the bankruptcy law tantly, this amendment is problematic unnecessary litigation, unnecessary when they go to court. in its effect in a number of ways. For I hope even my friends in this Cham- failures, to be able to resolve problems instance, it will adversely affect the ber who feel very strongly about the as they arise and, frankly, fly in the availability of credit to certain con- credit and financial industry, during face of good bankruptcy legislation. sumers, many of whom may be low in- the course of the consideration of this I think the bill and current law in come and minorities whom this amend- debate on this amendment, will at the bill, combined, do take care of ment purports to protect. Moreover, least find some sympathy and under- some of the problems about which the the secondary markup for such mort- standing for people such as those I distinguished Senator is concerned. gages will also be affected, thereby have described—good, hard-working But his amendment would cause an placing upward pressure on the pricing Americans living in retirement who awful lot of problems. In the end I have been victimized by people engaged of such loans. think all it would do is lend a lot of A number of the horror stories given in illegal practices. I hope we can solace to a lot of lawyers who want to are already covered by current law, and adopt this amendment as part of the make a lot of money off what clearly we should be enforcing those laws. reform of our bankruptcy system to are not reasons for the bankruptcy. It appears this amendment, though We have to oppose this amendment. keep in mind some of the victims of seemingly well meaning, might create the credit system from some of the I yield the floor. more problems than it might remotely The PRESIDING OFFICER. The Sen- worst perpetrators. solve. Already there are numerous pro- I yield the floor. ator from Illinois. Mr. HATCH. Mr. President, I ask tections and built-in super-remedies af- Mr. DURBIN. I briefly respond to say unanimous consent that the Senate re- forded the borrowers under the Home- to my friend from Utah, keep in mind sume consideration of the pending ownership and Equity Protection Act. the people you are protecting by oppos- Leahy amendment No. 13 at 5:30 pm For example, a consumer can rescind ing this amendment. Keep in mind the and there be up to 20 minutes equally any loan that violates the provision. institutions which you are trying to divided in the usual form. This alone takes care of any conceiv- protect by opposing this amendment. I further ask consent that at the con- able problem in bankruptcy. Further- These are people who are preying on clusion of this debate, the amendment more, all material violations result in our parents and grandparents, living in once again be laid aside and the Senate civil liability under the Home Owner- their retirement, subjected to loan resume consideration of the Wellstone ship Equity Protection Act and en- terms and conditions that are out- amendment No. 14 and there be up to 60 hance civil remedies such as ‘‘an rageous by any moral standard. minutes equally divided in the usual amount equal to the sum of all finance We are saying is, after they have per- form. charges and fees paid by the consumer, petrated these frauds to the public, I further ask consent that at the con- unless the creditor demonstrates that after they have literally threatened to clusion of the debate on the Wellstone the failure to comply is not material,’’ take away a home from a retired per- amendment, the Senate proceed to vote in addition to actual damages, statu- son with a loan that is unconscionable in a stacked sequence on or in relation tory damages, attorney’s fees, and and violates the law, we want them to to the Wellstone amendment, to be fol- costs. have free rein in bankruptcy court to lowed by a vote on or in relation to the Furthermore, to justify the harsh pursue their claim. Leahy amendment, and that no amend- punishment it creates, in addition to I don’t think that is right. Why in ments be in order to either amend- those penalties already available in the the world is this Senate spending its ment. Home Ownership Equity Protection good time and the money of taxpayers Further, I ask that there be 2 min- Act, this amendment does not even re- on hearings involving predatory lend- utes equally divided for closing re- quire any finding that such a violation ing, coming up with all of these won- marks prior to the second vote in the was the cause of the debtor going into derful speeches about how terrible series. bankruptcy. these people are, and when we have a The PRESIDING OFFICER. Without That is not good law. That is not the chance in the bankruptcy law to fi- objection, it is so ordered. way we should be making law. Nor does nally do something to stop these awful

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.017 pfrm08 PsN: S07PT1 S1946 CONGRESSIONAL RECORD — SENATE March 7, 2001 predatory lending practices, we refuse? The PRESIDING OFFICER. Without that we referred to each aspect and we We refuse. objection, it is so ordered. debated and voted on everything from All of the moral indignation we were AMENDMENT NO. 17, AS MODIFIED counseling for juveniles to stricter able to muster in these committee Mr. LEAHY. Mr. President, I send to laws on juveniles, closing the gun show hearings about the outrageous exam- the desk a modification of the amend- loophole, providing tools for teachers ples of what is happening to senior citi- ment by the Senator from Illinois, Sen- and communities. We passed the bill by zens and low-income people, we forget ator DURBIN. I am advised that this overwhelming margin. It got 73 votes. I as soon as we come to the floor and modification has been cleared with think we can all feel that we had done start talking about a bankruptcy law. Senator HATCH and his side. something for the country. I don’t care about committee juris- The PRESIDING OFFICER. The But the bill never came back. It was diction. That may be an issue to some; amendment is so modified. never voted on again. It went into a it is not to me. I am more concerned The amendment, as modified, reads conference committee and never came about the people who expect bank- as follows: out. There was never a vote there. Yet ruptcy code reform to be sensitive to At the end of subtitle A of title II, add the I wonder, if you are a parent, and you borrowers as well as lenders. I hope my following: see a child killed, and you think that colleagues in the Senate will support SEC. 204. DISCOURAGING PREDATORY LENDING at least some things could be done to my amendment. PRACTICES. stop this from happening somewhere I yield the floor. Section 502(b) of title 11, United States else, if you would not think that would The PRESIDING OFFICER. The Sen- Code, is amended— be a top priority. We obviously thought ator from Florida. (1) in paragraph (8), by striking ‘‘or’’ at the it was at a time when this Senate was Mr. HATCH. Will the Senator from end; (2) in paragraph (9), by striking the period probably embroiled in the most par- Florida yield for one last comment? tisan divisions that I have seen in 25 The PRESIDING OFFICER. The Sen- at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: years. You would think that it would ator from Utah. ‘‘(10) the claim is based on a secured debt, because we had 73 votes. This was a Mr. HATCH. Mr. President, when we if the creditor has materially failed to com- case where Democrats, Republicans, had this amendment in the committee, ply with any applicable requirement under liberals, and conservatives, came to- it had to be a substantive violation. subsection (a), (b), (c), (d), (e), (f), (g), (h), or gether and we passed this bill. The current amendment, as we view it, (i) of section 129 of the Truth in Lending Act But then a decision was made some- would provide for triggering with even (15 U.S.C. 1639).’’. where, and it never came back. It was a technical violation. That would be Mr. LEAHY. Mr. President, I know never voted on again and was never catastrophic in bankruptcy law. We we are waiting for other Members to signed into law because the Congress just cannot support this amendment. come to the floor. It is interesting. I decided never to act on it again. It was I know the distinguished Senator is have listened to the outpouring of grief a hollow promise to the parents and trying to do something worthwhile, following the tragic events in Southern the teachers and the children of Amer- and I do not believe there should be California, the shooting in the high ica. We lost any sense of urgency on predatory lending any more than he school. As a parent, I obviously look at this bill that got 73 votes. does, but I do think we take care of it that and can only begin to imagine the But we passed the bankruptcy law—a in this bill. But under this current terror that was in the hearts of the flawed bankruptcy law, in my view— amendment, it is even worse than the parents of all the children there—not last year. That got 70 votes, less votes amendment he was prepared to offer in knowing from the initial reports than juvenile justice and, by God, we committee because even a technical whether their child was alive or in- have to bring it right back up here violation would trigger what he wants jured. And then, of course, it had to be again—not because the owners of the to do. So I just need to make that the worst grief any parent could feel to credit card companies are being shot at point for the record, and I am happy to find out their children had been killed. or their children are being shot at, not yield the floor. I could not help but think of my own because they are all going out of busi- The PRESIDING OFFICER. The Sen- son, who teaches high school in that ness. In fact, they have record profits ator from Florida. area. But one has to think of anybody, and will have greater ones under this Mr. GRAHAM. Mr. President, I ask whether they know them, are related bill because the commercial interests unanimous consent to proceed as in to them or not, in such a case because have been heard rather than the inter- morning business. the whole country is involved. It is al- The PRESIDING OFFICER. Without ests of parents, children, and teachers. most a John Donne reference in this I mention this in passing. I know objection, it is so ordered. case, and I think of this body having Mr. GRAHAM. Mr. President, I ask, there are others on the floor seeking intense debate a couple of years ago recognition, and I will yield in a mo- immediately upon the completion of after the tragedy at Columbine. It was my remarks, my colleague, Senator ment. actually one of our better debates. We If the Senate is to be the conscience CORZINE, be recognized. discussed—both Republicans and Mr. HATCH. Reserving the right to of this Nation, don’t we have to some- Democrats—the fact that there are a object, I ask Senators how much time times ask ourselves what are our prior- number of different causes—no one they intend to take? ities? How can any parent, how can any magic thing, no one cause that sends a Mr. GRAHAM. We will take approxi- Senator, how can any American, with young person out to do such a terrible, mately 15 minutes apiece. the carnage in our schools or on our Mr. HATCH. I have no objection. almost inexplicable deed; and in each streets, look at some of the terrible The PRESIDING OFFICER. The Sen- of these instances when they have hap- things happening with our youth and ator from Florida is recognized. pened, and in those instances where the ask, Why are we in such a hurry to pass Mr. GRAHAM. I thank the Chair. police have caught somebody prior to a piece of commercial special interest (The remarks of Mr. GRAHAM and Mr. it happening, there is not a common legislation and we cannot bring our- CORZINE pertaining to the introduction denominator. selves to take the final step across the of S. 481 are located in today’s RECORD If there was some matrix that you finish line on the juvenile justice bill? under ‘‘Statements on Introduced Bills could apply to each one of these, it I cannot accept that, and, frankly, it and Joint Resolutions.’’) would be, I suppose, easy enough to is not that sense of priority that Mr. HATCH. Mr. President, I suggest stop them. But there isn’t. It is not brought me from my State of Vermont the absence of a quorum. just a question of stricter laws, not to serve in the Senate. The PRESIDING OFFICER. The just a question of more teachers, not I yield the floor. clerk will call the roll. just a question of more security; it is The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- not just a question of gun laws. But ator from Wisconsin. ceeded to call the roll. there are parts of each of those. What Mr. FEINGOLD. Mr. President, today Mr. LEAHY. Mr. President, I ask was so good about the debate on the ju- we are debating an extremely com- unanimous consent that the order for venile justice bill, which became the plicated and extremely important piece the quorum call be rescinded. Hatch-Leahy juvenile justice bill, is of legislation, the bankruptcy reform

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.089 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1947 bill. With the exception of a small Congress listened to experts—practi- their States. Some people with large number of amendments adopted by the tioners and law professors and judges debts even move to a State like Florida Judiciary Committee last week, S. 420, and trustees, and made careful consid- or Texas where there is an unlimited the bill before us, is the same bill that ered judgments about how the law homestead exemption, specifically for President Clinton vetoed last year. The should work. Now it seems as if we ig- the purpose of filing for bankruptcy. passing of a few months, and the nore the experts and instead do what The National Bankruptcy Review change of Presidents has not made this the credit industry wants us to do. We Commission and virtually all leading bill any better, or more fair, or more use parliamentary tactics to avoid rea- academics believe that homestead ex- balanced, or more worthy of this Con- soned consideration. Those tactics emptions are being abused and a na- gress than was the one we passed last harm the bill, and discredit the Senate. tional standard is needed. And by a year. It is still a bad bill and I urge my Let me now turn to the substance of vote of 76–22, the Senate adopted in the colleagues to oppose it. this legislation. I believe S. 420 will do last Congress an amendment from my Supporters of the bill have put enor- terrible damage to the bankruptcy sys- colleague the senior Senator from Wis- mous pressure on the Congress to act tem in this country, and even more im- consin to close the loophole. That quickly and pass the bill again because portantly, to many hard-working amendment would have put a $100,000 President Bush has indicated he will American families who will bear the cap on the amount of money that a sign it. The majority wanted to bring brunt of the unfair so-called ‘‘reforms’’ debtor can shield from creditors the bill directly to the floor without that are included in this bill. This is a through the homestead exemption. going through committee, notwith- harsh and unfair measure pushed by That amendment was stripped out of standing the fact that we have a very the most powerful and wealthy lob- the bill during last year’s secret con- different Senate after the last election. bying forces in this country, and it will ference and replaced by a weak sub- We had to fight for every moment of harm the most vulnerable of our citi- stitute. The bill limits the homestead committee consideration. We did suc- zens. exemption to $100,000, but only for ceed in convincing the majority that First, let me talk about what is not property purchased within two years of the Judiciary Committee should con- in this bill, which is directly related to filing for bankruptcy. That means that sider the bill in committee. We had a the fact that powerful special interests wealthy debtors can plan for bank- quick hearing, and a markup, and I have shaped it. As I have said a number ruptcy by moving to an unlimited think the bill was improved in the of times, this bill is not a balanced homestead exemption state, buying a process. Then, the same day that we piece of legislation. The interests that palatial estate, and then just put off voted the bill out of committee, the are the strongest supporters of this their creditors for two years before fil- majority leader sought consent to bill, the credit card companies and the ing bankruptcy. If they do that, they bring the bill up on the floor. I am big banks, succeeded in limiting the can continue to shield millions of dol- sorry this rush to judgment is hap- provisions that will have any effect on lars in assets and throw off their debts pening. I believe this bill is bad policy, the way they do business. These inter- with a bankruptcy discharge. The bill and I believe we will come to regret ests gave us and our political parties will have no effect on this abuse of the passing it. millions of dollars of campaign con- bankruptcy system. This bill does not I respectfully suggest that having a tributions and they like the results close the homestead exemption loop- new President who is inclined to sign they achieved in this bill. hole that people like Burt Reynolds the bill ought to put more pressure on If we are going to pass a credit card and Bowie Kuhn have famously used in the Senate to do its job in a thoughtful industry bailout bill, the least we can the past. and balanced way, not less. In the past do is to help save the industry from Once again, supporters of this bill two Congresses, it has been my impres- itself by taking some steps to make chose to ignore reforms that would sion that the Republican majority has sure that consumers are made more give this bill some balance. Somehow made decisions on the substance of this aware of the consequences of taking on the interests of wealthy debtors who bill in order to stake out a negotiating ever increasing amounts of debt. We use the homestead exemption to abuse position vis-a-vis the White House. have the chance in this bill to require the bankruptcy system are more im- Twice it has ignored the work done by credit card companies to be more open portant than the interests of hard- the Senate on the floor and come up with consumers about the con- working Americans who through no with a conference vehicle that was de- sequences of running a balance on a fault of their own—whether from a signed to provoke a veto. In 1998, for card, but so far we have not done it. We medical catastrophe, or the loss of a example, we passed a bill through the need more prevalent and more detailed job, or a divorce, are forced to seek the Senate by a vote of 97–1. That is the disclosures on credit card statements financial fresh start that bankruptcy way bankruptcy reform should be done and solicitations. There are limited has made possible since the beginning and has been done in the past. But the disclosure requirements in this bill, of our Republic. I will, of course, sup- majority ignored that bill and brought but they don’t go nearly far enough in port Senator KOHL when he offers his what was essentially the House bill my opinion. I am afraid the main rea- original and stronger amendment on back from conference, and it failed to son they do not is the power of the the homestead exemption. Any bank- become law. Again last year, on issue credit card companies. ruptcy bill that does not deal with after issue, including two crucial I will speak about this topic again homestead exemption abuse is simply points—Senator KOHL’s homestead because I am sure there will be amend- not worthy of being called bankruptcy amendment and Senator SCHUMER’s ments offered to improve the disclo- reform. clinic violence amendment, where the sure provisions in the bill. And at that It is interesting and very revealing to Senate had spoken by clear bipartisan time, I will also call the bankroll on contrast the treatment by this bill of majorities—the bill that came back this bill, because the political con- wealthy homeowners who abuse the from the shadow conference was tilted tributions made by the industry sup- bankruptcy system with how the bill more to the House bill, and the bill was porters of this bill are truly extraor- that was introduced treats poor ten- vetoed. dinary. ants who need the protection of the This time there is no administration There is another thing missing in bankruptcy system to keep from being to push back in negotiations. This this bill. Remember, this bill is sup- thrown out on the street while they try time, the bill will not be a product of posedly designed to end abuses of the to get their affairs in order. As I men- compromise with the administration. bankruptcy system by people who real- tioned, the provision dealing with the This time the majority will bear re- ly can afford to pay off more of their homestead exemption is virtually sponsibility for what it produces and debts. But the biggest abuses, and all meaningless. At the same time, the bill passes. This time for sure we should the experts agree on this, come when President Clinton vetoed includes a listen to the experts who have been wealthy people in certain states file for draconian provision that denies the telling us to slow down and be careful. bankruptcy by taking advantage of bankruptcy stay to tenants trying to Amending the bankruptcy code used very large or even unlimited home- hold off eviction proceedings, even if to be a nonpartisan exercise, where the stead exemptions that are available in they are able to pay their rent while

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.093 pfrm08 PsN: S07PT1 S1948 CONGRESSIONAL RECORD — SENATE March 7, 2001 the bankruptcy is pending. I think this plied to people with income less than come if she doesn’t present copies of in- provision is purely punitive. It will either the national or the median in- come tax returns for the last three have no impact at all on getting debt- come. The people who drafted the final years, even if those returns are in the ors to pay past due rent. It will result bill that President Clinton vetoed and possession of her ex-husband. I can see in the eviction of people who are not that has been reintroduced ignored no justification for this result whatso- abusing the bankruptcy system, but that standard. I doubt they really be- ever. who are trying to use it for exactly the lieve it will mean that more abusers of So for those supporters of the bill purpose for which it was intended—to the system will be caught by the means who trumpet the safe harbor, I ask you: get a fresh start and become once again test. But they did it anyway, giving Why doesn’t the bill apply the same productive members of our society. further evidence of the arbitrary na- safe harbor to creditor motions as the When the bankruptcy bill was before ture of this bill. Senate bill did, and why doesn’t it ex- the Senate in the last Congress, I tried In addition, the means test still em- empt people who fall within the safe very hard to pass an amendment that ploys standards of reasonable living ex- harbor from the paperwork require- would have made the bill less harsh on penses developed by the Internal Rev- ments? I have yet to hear reasonable tenants while at the same time deny- enue code for a wholly different pur- answers to those questions, which leads ing the protection of the automatic pose. These standards are too inflexible me to believe that there are no reason- stay to repeat filers who are abusing to be fair in determining what families able answers. This bill is arbitrary, and the system. I modified the amendment can live on as they go through a bank- it is punitive. to take account of some reasonable hy- ruptcy. They are arbitrary. And they This bill also includes a number of pothetical situations that the Senator are also ambiguous with respect to ‘‘presumptions of nondischargeability’’ from Alabama came up with. But the things like car payments because they provisions, which basically say, ‘‘these realtors strongly opposed my amend- were not designed to be used in this debts can’t be discharged in bank- ment. And the Senate rejected it by a context. We have pointed this out re- ruptcy because we think they look like nearly party line vote. That was unfor- peatedly over the past few years, but people are running up bills in con- tunate. It confirmed my view that this the sponsors of the legislation have in- templation of bankruptcy.’’ In other bill is not balanced. It is not rational. sisted on using these inflexible IRS words, they are abusing the system. It’s about punishing people, not just standards. They are accumulating debt with no stopping the abuses that we all agree The safe harbor from the means test intention of paying it off. should be stopped. also inexplicably counts a separated The problem is that these presump- So I offered my amendment again in spouse’s income as income available to tions are unfair. So instead of being a Committee this year, and with the help a mother with children who has filed deterrent to abuse of the system, they of Senator FEINSTEIN, we actually suc- for bankruptcy, even if the spouse is are simply a gift to the credit industry, ceeded in committee in eliminating the not paying any child support. This and a harsh punishment to hard work- unfair and harsh provision of the bill can’t be fair. Mothers filing for bank- ing people trying to do the best they section of the bill and replacing it with ruptcy because their spouses have left can to meet their obligations to their a provision that is fair to both land- them are treated for purposes of the families. One such provision creates a lords and tenants. Mr. President, I sin- safe harbor as if the spouse’s income is presumption of nondischargeability if a cerely hope that my colleagues will op- still available to them. That is what debtor takes $750 of cash advances pose any attempt to eliminate the this bill does. It makes no sense. It’s within 70 days of bankruptcy. And $750 Feingold-Feinstein amendment that arbitrary and punitive. And while I in a little more than two months is not the Judiciary Committee adopted. have heard that there may be some in- much. I think all of us can imagine a Now let me turn to what proponents terest in fixing this problem, I under- single mother with children who loses view as the central feature of this bill, stand that the credit industry objected her job or has unexpected medical bills the means test. After much work, I be- when they tried to do that in the for her kids and has to use cash ad- lieve this feature of the bill is still House. So we will see just how strong vances to buy food for her family or flawed and unfair. The means test is the industry is here in the Senate when pay her rent. But if that woman files the mechanism that the bill’s pro- an effort is made to correct this ter- for bankruptcy, the debt to the credit ponents believe will force people who rible injustice in the bill. card company is presumed to be fraud- can really manage to pay some portion Perhaps the thing that is most curi- ulent. That means that the debt from of their debts into Chapter 13 repay- ous about the means test is that while those cash advances will not be dis- ment plans instead of Chapter 7 dis- we now have a safe harbor for lower in- charged by bankruptcy. It will still charges. The means test requires every come people, they still have to fill out hang over her head as she tries to get debtor to file detailed information on all the same paperwork, doing all of back on her feet and support her family their expenses and income which is means test calculations using the IRS after the bankruptcy proceeding is then analyzed according to a formula. expense standards. Why is that? If the over. That is not balanced reform. Once Those who pass the means test can file intent is to exempt lower income debt- again, this bill gives special treatment a Chapter 7 case; those who fail would ors from the means test, why have to credit card companies at the expense have to file under Chapter 13. them go through the means test any- of the most vulnerable members of our The bill includes an important ‘‘safe way? The burden of the means test for society. It is arbitrary and punitive. harbor’’ for debtors who are below the these people is not the result—a tiny This example shows how empty the median income. The means test does percentage would ever be sent to Chap- proponent’s arguments are when they not apply to them. That is a good ter 13 because of it. No, it’s the burden- claim that the bill gives first priority thing, since studies show that only 2 or some paperwork that is the problem. In to alimony and child support. Over 100 3 percent of debtors would be required our hearing, Bankruptcy Judge Ran- law professors wrote the Senate last to move from Chapter 7 to Chapter 13 dall Newsome made this point very year to contest that claim. Let me under the means test. But even with powerfully. He said: quote from their letter: that ‘‘safe harbor,’’ the bill has signifi- If S. 220 must contain the means test as Granting ‘‘first priority’’ to alimony and cant problems. First, the bill specifies presently drafted, then debtors whose in- support claims is not the magic solution the that for purposes of determining the comes are below the applicable median consumer credit industry claims because safe harbor, the median income for should be entirely insulated not only from ‘‘priority’’ is relevant only for distributions each individual state should be used, its application, but from its paperwork re- made to creditors in the bankruptcy case rather than the higher of the state or quirements as well. itself. Such distributions are made in only a national median income. This will un- Here is an example of the problem of negligible percentage of cases. More than 95 fairly disadvantage people who live in making people go through the means percent of bankruptcy cases make no dis- tributions to any creditors because there are high cost areas of low median income test even though they are exempt from no assets to distribute. Granting women and states. Furthermore, in the Senate bill it. This bill would deny the protection children a first priority for bankruptcy dis- in the last Congress, we included a safe of bankruptcy to a single mother with tributions permits them to stand first in line harbor from creditor motions that ap- income well below the state median in- to collect nothing.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.095 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1949 The law professors continued: tion of retirement savings in There being no objection, the letter Women’s hard-fought battle is over reach- boilerplate consumer credit agree- was ordered to be printed in the ing the ex-husband’s income after bank- ments. So the $1 million cap is an im- RECORD, as follows: ruptcy. Under current law, child support and provement over what the sponsors of UNITED STATES BANKRUPTCY COURT, alimony share a protected post-bankruptcy this bill tried to do, but it is hardly a NORTHERN DISTRICT OF CALI- position with only two other recurrent col- ‘‘protection.’’ I understand that Sen- FORNIA, lectors of debt—taxes and student loans. The ator KENNEDY may offer an amendment Oakland, CA, February 22, 2001. credit industry asks that credit card debt Senator RUSS FEINGOLD, and other consumer credit share that posi- to eliminate this cap, and I will sup- port it. Hart Senate Office Building, tion, thereby elbowing aside the women try- Washington, DC. ing to collect on their own behalf. .... As Here is another Orwellian title. Sec- DEAR SENATOR FEINGOLD: This letter will a matter of public policy, this country tion 306 is called ‘‘Giving Secured serve as my response to the written ques- should not elevate credit card debt to the Creditors Fair Treatment Under Chap- tions you submitted to me on February 20, preferred position of taxes and child support. ter 13.’’ It ought to be called ‘‘Giving 2001. Your first question asks whether S. 220 What the law professors point out so Certain Secured Creditors Preferred ‘‘will essentially destroy Chapter 13 as an op- convincingly is that the key issue is Treatment Under Chapter 13,’’ because tion for debtors who wish to keep their cars. not how the limited assets of a debtor it favors those who make car loans ...’’ As I stated in both my written and oral are distributed in bankruptcy but what testimony, I believe that the ‘‘anti- over other secured creditors and over cramdown’’ provision in § 306(b) of the bill debts survive bankruptcy and will com- unsecured creditors. will destroy the incentive for many debtors pete for the debtors income when the Here is how it works: There is a con- to file a chapter 13 case. When § 306(b) is com- bankruptcy is over. In a variety of cept in bankruptcy law currently bined with § 314(b), which eliminates the en- ways, this bill will encourage reaffir- called ‘‘cramdown’’ or ‘‘stripdown.’’ It hanced discharge presently afforded by chap- mation agreements, and increase recognizes the fact that the collateral ter 13, only those debtors seeking to save a nondischargeability claims, which will for some kinds of loans can lose value home from foreclosure will find chapter 13 a lead to more debtors having more debt over time, so that it may be worth sig- reasonable option. A hypothetical will illustrate why § 306(b) that continues after bankruptcy. nificantly less than the debt owed. Re- will hurt both debtors and creditors. Suppose That is what hurts women and chil- member that in a bankruptcy pro- in 1998 Mr. Jones, who is single and lives in dren, not the priority of child support ceeding, secured creditors get paid an apartment, purchased a 1994 Dodge for claims in the bankruptcy itself. The first. But the cramdown concept says $15,000 on credit. At the time he bought the priority of claims in the bankruptcy to those creditors, you only get paid car, its fair market value was only $12,000, itself is almost meaningless since in first up to the amount of the value of but because of his poor credit rating, he was the vast majority of bankruptcy cases the collateral for the loan. After that, forced to pay substantially over market. Be- there are no assets to distribute. Peo- if you are still owed money, you get in cause he can’t afford the payments on the ple are broke and they don’t have any- Dodge along with his other monthly pay- line with other unsecured creditors. ments, he files a chapter 13 case in 2001. At thing to sell to satisfy their creditors. To give a more tangible example, if the time he files, he still owes $10,000 on the That is why they file for bankruptcy. someone owes $10,000 on a car loan, but car, and he has other unsecured debts total- You can’t squeeze blood from a stone. the car which is collateral for that loan ing $4,000. Without counting payments on his One of the interesting things about is worth only $5,000, then only $5,000 of debts, his monthly income exceeds his this bill is the almost Orwellian names that loan is considered secured in a monthly expenses by $240 per month. The of some its provisions. There are a bankruptcy. That makes perfect sense, real fair market value of the car at the time number of them. For example, there is since the maker of that loan has the of filing is $5,000. Under present law Mr. a title of this bill with the name: ‘‘En- right to repossess the car, but if it does Jones could write down the value of Dodge to $5,000 in his chapter 13 plan. Assuming he hanced Consumer Protection.’’ But that it can only get $5,000 when it sells proposes a plan to pay $240 a month over 36 many of the provisions in this title ac- the car. months, he would be able to pay $5,000 plus tually offer little if any protection at What the bill does is to eliminate the interest to the secured creditor, and repay a all. The weak credit card disclosure cramdown for any car that is pur- meaningful portion of his unsecured debt provisions are one example. Yes, those chased within 5 years of bankruptcy. over the life of the plan. But under § 306(b) of may be ‘‘enhanced’’ consumer protec- That means that even though the vehi- S. 220, Mr. Jones would be forced to pay all tions, enhanced from nothing, but they cle that secures the loan has lost much $10,000 of the remaining contract price on the aren’t considered sufficient by any or- of its value, the entire amount of the car, because he bought it within five years of debt must be repaid in a Chapter 13 filing his chapter 13 case. This is true even ganization whose primary concern is though the car is now 7 years old, and the consumer protection. plan. This gives special treatment to creditor would get substantially less than its There is another section within the the lender, but more importantly, it present value of $5,000 if the car were repos- so-called ‘‘Enhanced Consumer Protec- will make it much more difficult for a sessed and sold. Depending on the interest tion title called ‘‘Protection of Retire- Chapter 13 plan to work. And that will rate on the Dodge debt and the chapter 13 ment Savings in Bankruptcy.’’ Sounds hurt people who want to pay off their trustee’s commission, Mr. Jones might not pretty good. But what the provision debts in an organized fashion under even be able to propose a plan that would does is put a cap on the amount of re- Chapter 13. pay off the car, pay nothing to his unsecured tirement savings that are put out of In answer to my written question, creditors, and be completed within the 60- Bankruptcy Judge Randall Newsome month time limit for chapter 13 plans. He reach of creditors in a bankruptcy pro- would be much better off allowing the se- ceeding. You see, before this bill, there supplied a detailed example that shows cured creditor to repossess the Dodge, file a was no limit at all on the amount of re- how the elimination of the cramdown chapter 7 case, and attempt to buy a newer tirement savings that can be protected. option will hurt both debtors and credi- car, even though the interest rate undoubt- So this bill is not an enhanced con- tors. In his example, a debtor with a edly would be exorbitant. Thus, neither the sumer protection at all. It is a step seven year old car who files under secured nor the unsecured creditors are paid backward for consumers and hard- Chapter 13 under current law will be what they’re owed, and the debtor is back in able to pay off his car loan up to the a debt trap. No one benefits. working Americans who have tried to Your second question concerns the problem put aside some money for their golden value of the car with interest and make of repeat filers. I view this as one of the most years. a meaningful payment of his unsecured serious abuses of the bankruptcy system. It Incidentally, this provision was no- debts over the 3 year duration of his has been most severe in the Central District where to be found in either the bank- Chapter 13 plan. But with the elimi- of California. Nonetheless, I would urge cau- ruptcy bill that passed the Senate last nation of the cramdown in the bill, he tion in attempting to correct it. No one year or the bill that passed the House would, he would have no choice but to would seriously argue against amending the in 1999. This is one of those provisions file in Chapter 7 and allow the car lend- bankruptcy code to target those who file re- that appeared out of nowhere. In fact, er to repossess his vehicle. And his un- peatedly just to stop a foreclosure or an evic- tion. But many repeat filers are forced to file before a firestorm of criticism forced secured creditors would get nothing. I a second petition because their first case was him to reconsider, the Senator who ask that Judge Newsome’s letter to me dismissed for reasons beyond their control, proposed this provision wanted to let providing the details of this example be such as the incompetence of a bankruptcy consumers waive the existing protec- printed in the RECORD. petition preparer. I have read your proposed

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.096 pfrm08 PsN: S07PT1 S1950 CONGRESSIONAL RECORD — SENATE March 7, 2001 amendment to S. 220, and believe it strikes penses will inevitably lead to an even the FTC has already said should be. the appropriate balance. It protects the higher rate of Chapter 13 plan failures But anything else that’s not on the list rights of innocent tenants, while preserving and discourage even more debtors from can be foreclosed on things like garden the right of a landlord to rid themselves of a filing voluntarily under Chapter 13. I equipment, and family heirlooms or bad tenant without the legal expense of seek- ing relief from the automatic stay in bank- will support the amendment that Sen- paintings of a debtor’s parents. ruptcy court. ator LEAHY may offer to correct this Now remember, the liens we are talk- Please don’t hesitate to contact me if I can problem. ing about here are non-purchase money be of further assistance. I will also support another amend- liens, they aren’t loans taken out to Very truly yours, ment that may be offered by Senator buy a particular item. There is no evi- RANDALL J. NEWSOME. LEAHY to deal with the damage this dence that the power to avoid these Mr. FEINGOLD. Most people file bill does to Chapter 13. The bill makes non-purchase money liens is being Chapter 13 cases because they want to people who voluntarily file under Chap- abused. It can’t be abused, because per- keep their cars. The cramdown allows ter 13 go through what amounts to a sonal property exemptions are quite them to reduce their car payments to a means test using the same wooden and limited. No one can shield thousands of reasonable amount, leaving enough arbitrary IRS standards to determine dollars of fancy stereo equipment in a money to pay off other secured credi- how much disposable income they have bankruptcy. So the definition of house- tors and make a repayment plan work. available to pay off their secured credi- hold goods in the bill is just a gift to According the Chapter 13 trustees, who tors. Anyone who has more than the the finance companies who prey on know what they are talking about median income will have to limit their people living at the edge. This bill fa- since they deal with these cases day in monthly expenses to those permitted cilitates these kinds of borderline un- and day out, this single provision of under the IRS standards. That is going ethical lending practices. I will have an the bill will increase the number of un- to discourage Chapter 13 filings. If we amendment to substitute for the lim- successful Chapter 13 plans by 20 per- want to encourage debtors to use Chap- ited and counterproductive definition cent. And Judge Newsome states that ter 13 rather than Chapter 7, we have to in the bill, a broad definition of house- if this bill becomes law, Chapter 13 will get rid of that provision. hold goods that many courts are al- essentially be eliminated as an option As I have said before, this bill is at ready employing. for people who wish to hold on to their war with itself. Bankruptcy experts I have spoken for quite awhile here about the problems with this bill. In cars. He writes: ‘‘When § 306(b) is com- from around the country say it will not fact, I have probably only scratched bined with §314(b), which eliminates work. This bill will destroy Chapter 13 the surface. This is an immensely com- the enhanced discharge presently af- as an option for many debtors. If we plicated bill about a very technical forded by chapter 13, only those debt- pass it, I’m convinced that we will be area of the law. There are provisions in ors seeking to save a home from fore- back here trying to fix it once it starts this bill that I would venture to guess closure will find chapter 13 a reason- to take its toll on the American people. that no one in the Senate really under- able option.’’ In the meantime, how many lives will stands. We are hearing every day about Making it more difficult for debtors we make harder, how much more new problems with this bill, particu- to get Chapter 13 plans confirmed will heartache are we going to inflict on larly in the business bankruptcy provi- lead to more repossessions of cars, and hard-working Americans? sions that few people have paid much ultimately to more Chapter 7 filings. Mr. President, I will offer an amend- ment to address another provision of attention to. And even where a Chapter 13 plan can Before I close, I have to mention one the bill that is bound to inflict heart- be confirmed and is successful, the provision that was slipped into this bill ache on families and children. Section anti-cramdown provision will reduce in the shadow ‘‘conference’’ and re- 313 of the bill includes a definition of the amount that a debtor can pay to mains in it today section 1310 barring ‘‘household goods.’’ The effect of this unsecured creditors or for child support enforcement of certain foreign judg- or alimony. In essence, under this bill, definition is to limit the ability of ments. This provision is an example of car payments, on a car worth far less debtors to avoid non-purchase money lawmaking at its worst. It has nothing than the debt owed, are given priority liens on personal property. I consider to do with bankruptcy law whatsoever. over child support. Another example of the practice engaged in by many fi- It is a provision designed to assist how this bill is arbitrary and punitive nance companies of taking a security about 200 to 300 investors in Lloyds of and how the claims of the bill pro- interest in personal property that was London who lost money in the 1980s. ponents that the bill will help women not purchased with the loan to be high- These individuals tried to avoid their and children are empty indeed. ly questionable. The FTC in the early responsibilities in the British courts The anti-cramdown provision under- ’80s prohibited taking these nonpur- and failed, and they have repeatedly mines the efficacy of Chapter 13. All chase money security interests in cer- failed to have the judgments against the experts tell us that. And I have to tain household property. But because them thrown out by American courts. point out the irony here. The avowed the list of what constitutes household In fact, eight circuit courts have ruled purpose of proponents of this bill is to goods in the FTC regulation is out- that these investors’ disputes with move people from Chapter 7 discharges dated and limited, many finance com- Lloyds should be settled in British to Chapter 13 repayment plans, yet the panies put a lien on every other type of courts. So they have been seeking spe- bill undermines Chapter 13. I will sup- personal property that they can iden- cial treatment from the Congress, and port an amendment to eliminate this tify. Those liens give them leverage to if President Clinton didn’t veto the bill particular provision that is really a try to collect on their loans, even if the last year they would have got it. gift to the auto industry at the expense property is of minimal value. And they This provision is opposed by the of other secured creditors. have a leg up on getting reaffirmation State Department that rightfully wor- There is another provision in this bill in bankruptcy if the liens can be en- ries about the impact of a law on inter- that undercuts Chapter 13. The small forced. national economic transactions that group of Senators who shaped this bill The Bankruptcy Code of 1978 allows gives the back of the hand to respected in a shadow conference accepted a pro- debtors to avoid these liens as long as foreign courts. It also will make it vision from the House bill that says the property is exempt from fore- harder to enforce U.S. court orders in that for those debtors with income closure under the applicable state or foreign courts. The Organization for above their state’s median income, federal personal property exemption. International Investment, the National Chapter 13 plans must extend over 5 But the section 313 definition of house- Association of Insurance Commis- years, rather than three. That’s a 66 hold goods would limit the liens that sioners, and the Council of Insurance percent increase in payments required can be avoided to a narrow list of cer- Agents and Brokers oppose the provi- to complete the plan. In view of the tain goods. The list is based on the sion because of their concern over its fact that the majority of three year FTC regulation from the early 1980s. So impact on the international insurance plans fail, the requirement that the essentially, if this provision becomes market. debtor go two more years without an law, the liens that can be avoided in Worst of all, this provision smacks of income interruption or unexpected ex- bankruptcy are mostly the ones that the kind of special interest giveaway

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.020 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1951 that pervades this bill. But this one is handful of votes in opposition. There the so-called FACE—that is, bomb an worse because we have had no hearings are things we can do to improve the abortion clinic or do physical damage on this provision, it did not come out bankruptcy system. There are loop- to the building or to persons working of this committee, it did not come out holes we can close and abuses we can in there—to then come along and de- of the Senate or the House, it was just address. We can do it in a bipartisan clare bankruptcy on the grounds that slipped into the bill at the last minute. way. We can write a balanced bill that they should not have to pay the civil There is a lot of legislation that I the Senate and the country can be judgments against them. That meant a would like to slip into this bill since it proud of. We can rely on the advice of great deal to President Clinton, to me, does appear that it is on the way to the experts as we always have in the past. and to a lot of other people. President’s desk. I would like to do We didn’t do that here. We relied on That was the primary reason Presi- something about mandatory arbitra- the credit card industry, which has dent Clinton vetoed this bill last year. tion of employment disputes. I would showered Senators and the political That provision is no longer exempted like to require that DNA testing be parties with campaign contributions, from this bill. It is part of the bill. One made available to all inmates on death and it shows. of the nondischargeable debts under row. I would like to end racial profiling Before we barrel forward on a fast bankruptcy in this legislation is for or pass campaign finance reform. But track to pass this bill just because it is someone who has a judgment against the interests that support me on these where the process ended last year, we them for violating the rule. That is issues don’t have an in with the people have one more chance to listen to the called the FACE law, relating to in- who are writing this bill. They can’t experts. One last chance to step back timidating or doing damage to abor- get their pet legislation inserted in from the brink of passing a very bad tion clinics or persons who work in this bill in a conference committee. law, a law that I believe we will come them. But these investors in Lloyd’s did, so to regret. It is a matter of simple fair- I also find interesting one thing the they stand to get their way. That’s not ness and simple justice. Senator said. I think he is correct. He right. So I may offer an amendment to S. 420 is an unfair bill, Mr. President. pointed out that mothers filing bank- strike section 1310 and I certainly look The Senate can do better. The Senate ruptcy even though their husbands are forward to seeing it removed from the must do better, for the sake of hard- gone must still count their husbands’ bill. working people who need our help. income. It is important to note that if we do I yield the floor. That is not what was intended in the our job here and pass some amend- The PRESIDING OFFICER (Mr. AL- bill. I will give you an example. On the ments to improve the bill, the fight is LARD). THE SENATOR FROM DELAWARE IS section from which the Senator from not over. Because there is a long record RECOGNIZED. Wisconsin read, there was a drafting of the conference committees simply Mr. BIDEN. Mr. President, I listened error here in all the provisions save ignoring the Senate’s work and sending with great interest to my friend from one that I am aware of. It says: back to us a much worse bill. So I have Wisconsin when he talked about show- . . .if the current monthly income of the ering money by special interests. Yes- debtor, or in a joint case the debtor and the to say to my colleagues, if you support debtor’s spouse....’’ the bill after the Senate completes its terday, he and I voted on a bill on That means that if the debtor is all work you must fight to demand that ergonomics where the outfit that most by herself and has not filed for bank- the conference respect the changes wanted that bill not stripped away was ruptcy jointly, then you do not count that the Senate made. The House has the labor community which, if we take the husband’s income. That was not in- done virtually nothing on this bill. It his definition broadly, showered money tended. But there is a section where it basically rubber-stamped the con- on everyone here. I don’t even accept PAC money. Yet I did not hear any- is written differently and could be read ference report from last year. And our differently. That is in section (7), on rights as Senators to offer and pass body stand up yesterday and say the reason we voted for ergonomics was page 17 of the bill. amendments are worthless if the con- Section 7, in subsection (2) says: that labor showered money upon this ference committee simply returns the . . . if the current monthly income of the bill to the form in which it was intro- body. I find it somewhat unusual that debtor and the debtor’s spouse combined, as duced. there is such selective judgment about of the date of the order for relief when multi- To conclude, this is the kind of bill how money is showered on this body. plied by 12, is equal less than.... where we need to rely on the experts to I wish the Senator was still here. I It should read: if the current month- guide us. And we just haven’t done that am also interested in what he con- ly income of the debtor, or in the case here. Once again, we have a letter from stantly refers to as the arbitrary na- of a joint filing by the debtor and their over 100 law professors, from all across ture of this bill. It seems to me the def- spouse.... the country. They aren’t debtors law- inition of arbitrary is whatever the It is my intention, as one of the peo- yers, they aren’t all Democrats, they Senator from Wisconsin doesn’t like, ple who supports this bill, to see that it don’t have an ideological agenda, they because such an arbitrary bill as this is changed in the managers’ amend- just understand the law and care about passed with 70 votes last year, and it ment, so it reads as it was intended. how it operates. And they plead with has been improved even further than But after that, what I heard added up us, let me quote from their letter last year. It passed with 306 votes just to an awful lot of—how can I say this— again: ‘‘Please don’t pass a bill that a couple of days ago over in the House well, I will not characterize it. I do not will hurt vulnerable Americans, includ- of Representatives. It must mean that think it was particularly accurate. So ing women and children.’’ two-thirds of the Senate last year—and since this is the first time I have spo- This is extraordinary. The experts I realize it has changed by several ken to this bill on the floor, let me go beg us to listen to them. They don’t votes on this side now—and 306 of 435 into a little more detail. But I am have a financial interest here. They Members over there are obviously very going to go into a great deal of detail don’t represent debtors. None of them arbitrary. This bill is supposedly so on each of these amendments that are is in danger of declaring bankruptcy. partisan that it has had broad bipar- about to be offered. They just hate to see this Congress tisan support in both the House and the First, the idea of a fresh start is ab- make such a big mistake in writing the Senate. solutely fundamental to the American laws. They don’t want us to ruin the I also point out that, having been in- way of life. Bankruptcy must remain bankruptcy system, which dates back volved with President Clinton relative available for those who really need it. to the earliest days of our country, by to his veto of the bill last year, the sin- And it does. Let’s put in perspective passing a bill that is so unbalanced, so gle most important thing the President what we are talking about. If you lis- arbitrary and so punitive. wanted done through the help of Sen- tened to the critics of the bill on the I assure my colleagues that I am not ator SCHUMER—and, through the lead- floor, it would sound as if we are elimi- opposed to reform of the bankruptcy ership of Senator SCHUMER, it was done nating bankruptcy. The only issue at laws. I know there are abuses that need in this bill—was that he was very con- stake here is whether or not someone to be stopped. I voted for a bill in 1998 cerned about a provision that possibly files bankruptcy in chapter 7 or chap- that passed this Senate with only a would allow someone who had violated ter 13. Right now, I might point out to

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.099 pfrm08 PsN: S07PT1 S1952 CONGRESSIONAL RECORD — SENATE March 7, 2001 you, bankruptcy judges are supposed to costs them money—a lot more money— deadbeat husbands. These are people on lay out in chapter 7—chapter 7 is one of because these folks do not write off the side of the women and children who those places where you eliminate all this debt and say: I didn’t get paid. I need their support payments made to your debt. Chapter 13 is where you say: didn’t get paid back for all that was them. They support this bill. I want to eliminate most of my debt, owed me here, so forget it. I will just The National District Attorneys As- but I can pay back some of it. I can pay take it out of my bottom profit line. sociation—and specifically because of back some small percentage of it. And They say: No. I have to make it up. the important new protection for they set out a schedule to pay back So what do they do? They charge my women and children who depend on some small percentage of it. mother and father more money to buy family support payments—and other What we are talking about is a situa- the refrigerator because they can’t buy professionals whose job it is to enforce tion where someone who files in chap- it other than buying it on time. family support payments every day, ter 7, who is able to pay some of their So I am having it about up to here from the California Family Support debt, and should be filing in chapter 13 with how this is hurting so many poor Council to the Corporation Counsel for right now—a bankruptcy judge or a people. I will get to that in just a the City of New York, have endorsed master must, in fact, look at that cir- minute. these new protections as well. That is cumstance and say: This is an abusive During this debate, we have had because there are new specific protec- filing. He really should be filing in raised many charges against the legis- tions for family support payments in chapter 13. But guess what. There is no lation. I think it is fair to say that the this bill. uniform standard nationwide. It is left concerns I have heard so far—and over Let’s go through how it currently up to every bankruptcy judge to deter- the last 4 years that we have been deal- works. One thing the Senator said is mine what is abusive and what is not ing with this legislation—I find it fas- correct: Bankruptcy is a complicated abusive. cinating my friend from Wisconsin and issue. Hopefully, the vast majority of So what are do we doing here? The others have said that we were going to Americans will never have to become essence of what we are doing is laying bring this bill right to the floor. The acquainted with it. out the standard at which a bank- reason it did not get brought to the Under current law, we tell creditors ruptcy judge must look to determine floor is yours truly, me. I made it clear they can’t collect debts owed them whether or not the filer is abusing the they would get none of my support, no starting right away, as soon as some- system going into chapter 7 as opposed one would get my support on this bill one files bankruptcy. Put another way, to chapter 13. if, in fact, it did not go back through I go in and file bankruptcy. I owe child Why are we doing that? We are doing the committee system, if it did not go support and support payments. I file that because a lot of the very people I back to the Judiciary Committee, if it for bankruptcy. In the vast majority of represent, and that my friend from did not go through the normal proce- States, immediately all creditors have Wisconsin and others talk about all the dure. to back off, including mom and the time—working-class folks—are getting As I said, this is the same bill, by and kids. That means a woman owed ali- hurt by the way bankruptcy is abused large, with a couple improvements, mony or child support can’t collect ei- now. Because what simply happens is, that passed with 70 votes last year. The ther. all those debts that they incur—and biggest charge you hear is this is I am one of the authors of the dead- they never filed bankruptcy before— antiwoman and antichildren who de- beat dad legislation to put more pres- cost them more money. It costs them pend on child support, and that it is sure on States to go after deadbeat more money at Boscov’s when they go unfair to low-income families which dads. All of a sudden, once somebody buy a $100 item because people have de- need the full protection of chapter 7 or files bankruptcy, in most States in clared bankruptcy who could be paying straight bankruptcy. I want to briefly America now, mom is out, the kids are back something. It costs them more address both of these concerns. And I out. Bankruptcy stays the proceeding. money. will go into more detail when my col- All those hard-working folks in the The average person in America, the leagues want to come and debate this family court in Delaware trying to see person who really is in a crunch, is issue. to it that Johnny and Mary and Alice hurt the most because interest rates go First, I want to point out a signifi- get something to eat and mom gets a up, the cost of financing, buying the cant achievement reached in the Judi- support payment, they can do nothing. new bed or refrigerator goes up. ciary Committee on the question of They have to stand back, instead of You don’t have to just listen to me those who have tried to hide in bank- bringing that deadbeat dad in and ar- about this. Unnecessary and abusive ruptcy from the penalties imposed on resting him and garnishing his wages. bankruptcy costs everyone. The Clin- them for violating the Fair Access to That is why the national child support ton administration’s own Justice De- Clinic Entrances Act. Senator SCHU- agencies support this bill. That is why partment concluded that our current MER, as I mentioned earlier, first they want it. It improves the plight of system costs the economy $3 billion a brought this issue to our attention. We women and children who, by the way, year. And they made the pursuit and finally reached an agreement in the can’t wait 1 week, 2 weeks, 3 weeks, 10 prosecution of bankruptcy abuse a high committee with this major step for- weeks, 5 months while the bankruptcy priority. ward. The compromise that we put for- is proceeding, as they have to now. This is not an imaginary problem. It ward is part of the bill that no one—no This bill gives child support and ali- is not going away. This week we are one—who violates the FACE Act, the mony the first and highest priority taking up a bill that is identical to the Fair Access to Clinic Entrances Act, among any claim able to be made in conference report that enjoyed strong can, in fact, avoid their responsibility bankruptcy. Do you know where they bipartisan support in the House and in bankruptcy. are under present law, the law my the Senate—70 in the Senate and 308 in Now as to those specific charges of friend seems to love so much? They the House. During the debate, we have unfairness. First, there is the claim rank No. 7, S-E-V-E-N. This bill says already heard from some of my col- that the bill will leave women and chil- you have to be fully paid up on child leagues who claim that they support dren who depend on child support support and alimony before you can be the general idea of eliminating abuse worse off than they are today. This is released from bankruptcy. You have to in bankruptcy, but they oppose the perhaps the easiest charge to refute be- be fully paid up or you don’t get out of particulars. cause the legislation before us today anything via bankruptcy. A woman Now, again, this costs every single has the endorsement of the National collecting child support or alimony solitary consumer. If you are making Child Support Enforcement Associa- must, under section 219 of this bill, be $300,000 a year, you don’t have to buy tion. The National Child Support En- notified of the full array of family sup- your sofa bed on time. If you are mak- forcement Association—they are all port enforcement rights and available ing $300,000 a year, you don’t have to the folks in all of our States who sit options to her under Federal law, in- buy your refrigerator on time. Where I there behind counters, working for the cluding the kind of wage attachments come from—my family —you buy them State, who are trying to collect sup- that will trump every other claim in on time. And it costs them money. It port payments and child support from and out of bankruptcy.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.101 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1953 So there is an affirmative require- ahead of the mother because bank- of the median income, there is only a ment under this bill. If a woman did ruptcy is over. Come on. If a father is cursory calculation on the ability to not know she had additional rights, she going to do that, he ‘‘ain’t’’ paying pay. is required, under this law, if we pass anybody anything. Those payments Let’s go through what that means. it—and I am confident we will—to be come out of the deadbeat dad’s pay- Mr. President, in my State of Dela- notified by the bankruptcy court: By check before he even sees it. He cannot ware, a family with a $46,000 income the way, you have these additional be forced to choose between child sup- would not even be subject to the means rights, and we will help you attach this port and other debts. He doesn’t have test—you got that?—not even subject deadbeat’s wages. the choice. Those payments are made to the means test. They are out. They All other parties to bankruptcy, from automatically, straight from the em- can immediately go to chapter 7, no her spouse’s creditors to the court that ployer to the woman and children who questions asked, nothing—even if they monitors the bankruptcy plan, are no- need them. Those who claim otherwise had the ability to pay. tified that the full force of the Federal are simply ignorant of the way Federal That is exactly as it is today. In Cali- support enforcement law is part of the family support law currently operates. fornia, a family with a $43,000 income bankruptcy proceeding, which it is not Some of them simply misrepresent the will have the exact same access. In now. Under this bill, the fact that way this legislation protects family Massachusetts, a family with $44,000 in other creditors with perhaps deeper support payments in bankruptcy. income will have no change in access pockets might be looking for repay- Next, we have the assertion that this to chapter 7; Illinois, $46,000; in Wis- ment from her spouse is an asset, not a legislation unfairly locks the door of consin, $45,000, no change. That is be- liability. Those other creditors must chapter 7—liquidation or so-called cause this legislation, I might add, at provide her and the support enforce- straight bankruptcy—for those low-in- my insistence and that of Senator ment officials this bill recruits, by the come families that need it the most. TORRICELLI, contains a safe harbor for way, to assist her with the last known Let’s get a few things straight about those people. Only if you have more address of her spouse who owes her the how the current code operates. than 11⁄2 times the median income in support and payments. Today, bankruptcy judges are re- your State will you be subject to a se- I used to be a family court lawyer. quired as a matter of Federal law to rious examination about your ability Do you know how it works now? The dismiss petitions for chapter 7—that is to pay. And even then, if you face what court can’t find where Charlie Smith straight bankruptcy—for substantial the bill calls ‘‘special circumstances,’’ is. The woman is going into court day abuse, particularly if the debtor really that reduces your income or increases after day. Charlie Smith has a job. Ev- has the ability to pay his bills. This re- your regular expenses. You will still erybody knows Charlie Smith has a form legislation will provide those enjoy the full protection of chapter 7. job, but they can’t find him. So Charlie judges with specific criteria for deter- Specifically—I don’t know how many Smith files bankruptcy in another mining if the debtor can, in fact, pay times I have heard this on the floor—if State, another place, another time. some of the bills he or she is asking to you have ongoing medical expenses, What happens now? Nothing. What hap- be forgiven. If the debtor can pay some that means you don’t have any money pens under this bill? The creditors who of those bills, at least $10,000 or 25 per- left over to pay creditors, you can go go in saying, I want to repossess Char- cent of those debts—that is the thresh- straight to chapter 7. lie’s car, I am going to take Charlie’s old—then asking for chapter 7 is pre- One of the most basic misunder- house, I am going after Charlie’s bank sumed to be an abuse of the system and standings about this bill is that folks account because he owes me money, you get bumped into chapter 13. with medical bills will have their cir- have to notify the spouse. I will bet that most Americans would cumstances ignored, as my friends are Give me a break. No protections? It be very surprised that there is no sys- saying on the floor here. That is just doesn’t exist in present law. tematic way for asking the basic ques- flat wrong. The standard this bill uses These are concrete, positive steps tion about the ability to pay, no actual for calculating someone’s ability to from start to finish, and even beyond means test that exists now under the pay under the means test specifically bankruptcy, to assure that payments current code, and it is up to every dif- includes not just medical bills but are made to those who need them. ferent bankruptcy judge to decide how health insurance, and it even includes These are real, tangible improvements he or she wants to make that judg- union dues. over the current bankruptcy and child ment. That is how our sentencing laws AMENDMENT NO. 13 support laws. My friends who talk so used to be until I wrote and we passed The PRESIDING OFFICER. Under much about child support ought to go the Sentencing Reform Act. Every the previous order, the hour of 5:30 hav- practice it as I did. They ought to go judge could have a different sentence. ing arrived, there will now be 20 min- back home and check, go sit in that What did we find out there? We found utes of debate on the Leahy amend- family court and find out how it works out that black folks who committed ment No. 13. right now. the same crime that white folks com- Who yields time? Against them we will hear the vague mitted went to jail longer because Mr. BIDEN. Mr. President, nobody is assertion that those payments will there was no standard. here to yield time. I will be happy to compete with ‘‘more powerful credi- We have national sentencing guide- begin the debate on the Leahy amend- tors.’’ The fact is, in actual practice lines and other standards that guide ment. Obviously, I can’t yield time now, and more certainly under this the decisions of judges. This bill simply from Senator GRASSLEY or Senator bill, those payments will be accom- tells judges how they should go about LEAHY’s time on this point. plished by wage attachments and could making the decision that current law Mr. President, parliamentary in- not be reached by any other creditor requires them to make. quiry: Since nobody is here to debate during or after bankruptcy, no matter But won’t that means test disadvan- the Leahy amendment, is it appro- how powerful or how devious the cred- tage those of limited means who truly priate to be able to proceed on the bill itor is. need and deserve to fully get a chapter for another few minutes? I heard a little flip on this. I may 7 liquidation? The PRESIDING OFFICER. The Sen- hear from my friend from Wisconsin Look at the facts. First, this bill will ator may ask unanimous consent to do and others: Even though that is true, affect, at most, 10 percent of the people that. even though in this bankruptcy pro- who currently file under chapter 7, and Mr. BIDEN. Mr. President, I have ceeding you can go out and attach the only those who have a demonstrable just been told by the majority and mi- wages of this deadbeat father, what is ability to pay. nority staff that I can yield myself going to happen is the devious creditor One of the main reasons for that some time off of Senator HATCH’s time will still win. Do you know why? Be- small number—10 percent—is the on this amendment. I will cease and de- cause the deadbeat father will quit his means test in this bill would not even sist the moment either Senator LEAHY job to spite payment. Then the creditor apply to anyone who earns less than or Senator HATCH comes forward to de- that repossesses the automobile or goes the median income in his or her State, bate the amendment. after whatever debt he has will be and for those with less than 150 percent Back to medical expenses.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.104 pfrm08 PsN: S07PT1 S1954 CONGRESSIONAL RECORD — SENATE March 7, 2001 One of the most basic misunder- from Florida, the other supposedly big Those disclosures include more infor- standings is that people with medical offender on this issue, found that .8 mation on so-called teaser rates on the bills will have that circumstance ig- percent—less than 1 percent—of the envelope that come in the mail every nored. Not only are those expenses ex- cases with any kind of homestead in- week. plicitly allowed but any other expenses volved a homestead of more than This bill before us contains some im- that make sense are allowed. That is $100,000—not a lot of multimillion-dol- provements, but that is not related to under the IRS standards. On top of lar bankruptcy bungalows there. bankruptcy. That is related to banking that, the bill allows additional ex- Again, Mr. President, as far as I am and truth in lending, which I support penses, including medical expenses for concerned, a single abuse of the home- more of. everybody from your nondependent stead exemption by a filer is one too Additionally, there is the assumption children to your grandparents and your many. But let’s not pretend this bill that lenders, not borrowers, are respon- grandchildren. has turned a blind eye to a major prob- sible for bankruptcy. The key assump- There are no reasonable medical ex- lem. There is not a major problem, but tion here is that a rational business- penses, from contact lenses to cancer the bill, in fact, does make a major ad- man, a lender, especially credit card therapy, from yours to your wife’s to vance over current law. lenders, seek out those who have no your grandchild’s, that would not be If I had my choice, it would be a hope of repayment and foist unbearable counted as a necessary expense in cal- $100,000 cap. If you buy a house within debt upon them just so they can fight culating someone’s ability to pay. 2 years of filing for bankruptcy, the with them in bankruptcy. So much for this idea that these poor cap is $100,000, which we have in this I do not follow the argument, but we people who have these exceedingly high bill before us. No change in current can see if there is anything to it. For- medical expenses—and they really do— law? Well, I will take this bill over cur- tunately, the Congressional Research will not be able to declare bankruptcy rent law. Let me explain in more detail Service, a nonpartisan organization in what I mean. and do straight bankruptcy in chapter the U.S. Congress, for the last few Right now, if in fact you go out and 7. years has looked into the issue at my Again, if you are under the median buy yourself an $8 million home 2 years before you file bankruptcy, that home request. income in your State, you are not even I direct my colleagues’ attention to subject to the calculations anyway. So is liable to be possessed. Now, if they buy it 2 days before and it is exempt— the CRS report on March 19, 1988, enti- much for the charges that this legisla- I am talking about .8 percent of all the tled ‘‘Bankruptcy and Credit Card tion is unfair to women and children filers who claimed the homestead ex- Debt: Is There a Casual Relationship?’’ and to those of limited means. It im- emption in Florida. For example, I It is not every day we have such a di- proves protections for those who de- know I am going to file for bankruptcy rect response available to a question pend on alimony and child support, and in 2 years, so now I am going to go out that is constantly put forward on this those below the median income are ex- and buy an $8 million home. Let me be floor. This is not industry propaganda. plicitly excluded from the means test. clear. I think there should be a flat This is not interest group rhetoric. The means test for those who are above prohibition of hiding assets in homes This has nothing to do with campaign the median income permits all forms of above 100,000 bucks. Very few have ever contributions, as alleged by my friend medical and other expenses to be con- done it. It should be changed, but very from Wisconsin. This is the Congres- sidered in calculating the ability to few have done it, and we have made a sional Research Service on which we pay. have all come to rely for expert non- Next, often cited is the ‘‘failure’’ of significant change among those who may have done it or who are intending partisan analysis. this legislation to deal with what is The answer to the question is no, supposedly a major abuse of the cur- to do it. Finally, I want to say something credit card debt cannot be shown to be rent system, the unlimited homestead about a number of other amendments I the cause of bankruptcy. exemption now permitted in a handful expect we are going to see in the course Here is the conclusion of the report: of States. The available aggregate data do not show Let me make this clear. I agree with of this debate. The truth in lending legislation is that credit card debt has caused a major my friend from Wisconsin that we not a bankruptcy law. There is no evi- shift in U.S. household financial conditions. should have an absolute cap on the dence presented by anyone here that Addressing that underlying assump- homesteading expense. We should not anyone has gone bankrupt or declared tion I spoke of, the report says: have it like Texas, Florida, and other bankruptcy because they have been Is credit card borrowing a trap for the un- States that allow the abuse of someone falsely or not honestly lent money. wary, bringing disorder into the financial going out and buying a $6 million or $8 There is no evidence of that. These houses of an unspecifiable number of atypi- million home and then declaring bank- amendments are not about bankruptcy cal families and individuals? Perhaps, but so ruptcy and the home being out of reach law; they are about banking law. are medical expenses, divorce, job loss, ca- of the creditors. That is unfair. I think I support more disclosure, and they sino gambling, narcotics, investment scams, it should be capped in the $100,000 to and so on. Anecdotal evidence abounds, sta- are clearly within the jurisdiction of tistical evidence is scarce. $150,000 range nationwide. We tried the Banking Committee, as I am sure That was 1998. What has happened that. It didn’t work. What we did do is Senator GRAMM will tell us, but I know this. a number of my colleagues have felt it since? Last month, I asked the CRS to Everyone should be outraged at those is essential to require, as they say, update its analysis. who thumb their nose and move to some balance in bankruptcy reform Here is the unchanged conclusion—as Florida or Texas and buy multimillion- legislation by demanding more on the of February 20—based on the latest dollar homes. As outrageous as these part of lenders as we demand more of data: cases might be, this is quite rare. I am debtors. While credit card debt has been the fastest- afraid those who made the treatment Fair enough. I support the idea. Last growing component of household debt, the of the homestead exemption the session, I offered, along with Senator size of the debt outstanding does not appear grounds for their rejection of this bill to be so great (especially when rising in- TORRICELLI and Senator GRASSLEY, an comes are considered) that it can be held pri- have based their votes on a pretty important amendment that required marily responsible for the steep rise in con- weak foundation. Here is a GAO report additional disclosure by lenders. That sumer bankruptcy filings since 1980. At the from 1999 in which they found, first, amendment was added on the floor last same time, the claim that credit card com- that only 52 percent of bankruptcy Congress. panies are creating financial distress by cases from a sample in Texas involved These new disclosures include a mass-marketing an expensive form of credit a homestead in any way. strong notice, a warning that making to low-income or financially unsophisticated Second, only 1.2 percent of those minimum payments will stretch out households finds little support .... cases involved homesteads—that is the time it will take to pay off the loan I know that for some of my col- homes—of more than $100,000—not a lot and that a 1–800 number must be put on leagues, blaming lenders for bank- of multimillion-dollar homesteaders there for you to call to find out how ruptcies is a matter of faith. Unfortu- there, Mr. President. A similar sample long it would take you to pay. nately, it is not a matter of fact.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.107 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1955 That is why I will vote against the way it is written puts large multi- 20-person unit of a credit card company amendments that are properly the ju- billion-dollar credit card companies that would gross several billion dollars. risdiction of the Banking Committee. ahead of hard-working small business Mr. BIDEN. I am just asking a ques- It is not because I think all lenders people—farmers, ranchers, Main Street tion. I hope it does include them. I act responsibly, or that nobody ever mom-and-pop stores. It puts these huge want to know what you are including. got suckered by a credit card company. companies ahead of them in collecting That is all. Would that be included? It is because the best evidence I have outstanding debt from those who file Mr. LEAHY. I have used the small to work with tells me that these for bankruptcy. business definition that the Senator amendments are not germane to bank- I do not think any one of us intended from Delaware has used in the bill he that. I do not think any one of us actu- cosponsored. ruptcy reform. ally want to go back home and tell all In closing, I look at the years of de- the farmers, ranchers, and small busi- Mr. BIDEN. That does mean it would bate, hearings, and floor time we have ness people in our States that we put include somebody grossing $100 million, expended on this issue, and I look at the credit card companies ahead of $50 million. the strong, bipartisan majorities that them. Mr. LEAHY. If you had a car dealer have consistently supported bank- My amendment gives small business that grossed that amount of money, ruptcy reform throughout this process, creditors a priority over larger busi- considering the fact they often make and finally, I look at the 70 votes that nesses when it comes to distributions only $100 or $200 on a car, although the this very bill—without the Schumer- of the bankruptcy estate. It provides a cars sell at $30,000 or $40,000. By the Hatch language on clinic violence—re- small business creditor priority over same token, the collection unit might ceived in the Senate last year. larger for-profit business creditors. be 20 people and they get several bil- Like every bill that has undergone It does not affect the bill’s provisions lions of dollars. this much debate and consideration, it which give top priority in bankruptcy The bottom line: The percentage of is the product of compromise. It is not distributions to child support and ali- what is going to be the net profits is a root-and-branch overhaul of the cur- mony payments. We already set certain considerably different. rent bankruptcy code; it makes incre- priorities. We do it for alimony pay- What this is going to affect—which is mental but important changes in the ments. We do it for child support. We why I use the Senator from Delaware ought to do it for our Main Street busi- and his definition of a small business in operation of the current system. nesses and our farmers and ranchers. It will affect perhaps 10 percent of the bill—these are the same people, in We ought to give them the same kind most likelihood, the mom-and-pop those who currently file under chapter of leg up over a deep-pocket, multibil- store for whom $3,000 or $4,000 may 7, and only those who have the dem- lion-dollar corporation. mean making the mortgage payment. onstrated ability to pay. It adds impor- If a large credit card company has Mr. BIDEN. Would the Senator set an tant new protections for the women John Jones or Mary Smith go into income level to protect them? and children who depend on child sup- bankruptcy, and they owe them, say, Mr. LEAHY. Are we going to change port. It restores, at the margins, some $3,000, and they owe the local feed store the definition of small business in the personal responsibility to a system $3,000, obviously this $3,000 shows up bill that the Senator from Delaware co- that that in recent years has been the differently on the bottom line of sponsored? subject of abuse. MasterCard than it does on the bottom line of the Jones Feed and Grain Store. Mr. BIDEN. To accommodate the I thank the Chair, and I yield the Senator, I would be happy to do what- floor. It is a much bigger bite for that small store, and they ought to be given pri- ever he would like. The PRESIDING OFFICER. The Sen- ority. Mr. LEAHY. This is the bill that is ator from Vermont. That is all I am asking for in this. I presently before the Senate. Mr. LEAHY. Mr. President, what is cannot imagine any small business or- Mr. BIDEN. Without an exemption. the parliamentary situation? ganization that would not be sup- Mr. LEAHY. Cosponsored by the Sen- The PRESIDING OFFICER. We are portive of this. We should actually be ator from Delaware. I am using his def- considering the Leahy amendment. The helping small businesses navigate the inition. Senator from Vermont has 10 minutes. often complex and confusing bank- Mr. BIDEN. But you are using it out Mr. LEAHY. I thank the Chair. Mr. ruptcy process because they are not of context. President, I hope when the time comes going to be able to afford a galaxy of Mr. LEAHY. I think not. to vote this evening on the Leahy lawyers and accountants. The huge Let me talk about what this does: 5 small business amendment that all companies have these people on re- percent to the small feed and grain Senators will vote for it. I have not tainer because they handle bankruptcy store could be the difference for them heard the author of this bill, the chair- matters all over the place. For the for the year and whether they make it man of the Judiciary Committee, the small store, this may be their bottom or don’t make it. majority leader, or anybody else speak line for the year. It may be the one in opposition to it. Obviously, they can bankruptcy they are trying to collect Dean Witter said this bill gives just vote any way they want, but I have yet for the year, and they could be out of one credit card company alone, MBNA, to hear anybody talk in opposition to business as a result. They need priority an increase in net profits of 5 percent. it. The time used on the other side was just to keep pace with big business. That is $75 million. With most of these not used in opposition to it. Small business is the backbone of our small businesses we are talking about, 5 percent is not 5 percent of MBNA. I hope this is an indication that we economy. In fact, I use the same defini- will look first and foremost at small tion of a small business creditor that is What we want to do—we carve out a businesses, those businesses with under already in section 102 of the bill. special exemption for credit card com- 25 people, to give them parity with the All I am saying is same rules, but if panies but leave small business owners multibillion-dollar corporations. you are going to give priority, give the fending for themselves—is put the priority not to the multibillion-dollar small business owners on at least an When we voted last night, many said equal footing. we were helping small businesses by corporation for whom this $3,000, $4,000, throwing out the ergonomics rule. or $5,000 claim is nothing. Give the pri- The credit card companies say they While I disagree on that particular ority to that small store, that small need an exemption because their debts rule, I do agree that small businesses company on Main Street that may are typically unsecured. Most of these should be helped. I grew up in the front have to really do something. I don’t small businesses are exactly the same. of a small business store in Montpelier, want them to have to get in line behind I yield the floor. VT. We lived in the front of the store. the huge credit card companies. For AMENDMENT NO. 14 My parents had a small business in the them, it may mean the difference be- The PRESIDING OFFICER. Under back. tween going out of business or not, not the previous order, all time having ex- Ninety percent of the businesses in the difference between whether it pired, the Leahy amendment is laid Vermont are small but then many of means one one-hundred-thousandth of 1 aside and there is now 60 minutes of de- the businesses nationwide are small percent. bate evenly divided on the Wellstone businesses. If you define them as 25 em- Mr. BIDEN. Will the Senator yield? amendment No. 14. ployees or less, with 5,541,000 busi- Would this include an automobile Mr. WELLSTONE. Mr. President, I nesses in America, nearly 5 million of dealer with 20 people that grosses $70 had a chance this afternoon to speak them are small businesses. million a year? about this amendment at great length What I want to do is make sure we Mr. LEAHY. Do we have that many? and may not need all of my time. I re- protect small business creditors from Mr. BIDEN. We sure do. Check home. spond to some of the arguments made losing out in the bankruptcy reform Any automobile dealer that has 20 or while I was off the floor. They were not process. They ought to be protected. more people. made because I was off the floor; I had The way the bill is written now—and Mr. LEAHY. If we talk about grosses, to go to markup on an education bill, I hope this was not intentional—but that would be one that is matching a and another Senator spoke.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.021 pfrm08 PsN: S07PT1 S1956 CONGRESSIONAL RECORD — SENATE March 7, 2001 Let me take some of the arguments My amendment makes sure we do not Where is the burden of proof? On and respond as colleagues sort this out deny a fresh start to people who really which side do we want to err? Don’t we and decide how to vote. won’t be able to do that with the bill want to err on the side of making sure, First of all, this amendment provides the way it is written. This amendment when people have been put under be- that no provision of the bankruptcy preserves the fresh start for those debt- cause of medical circumstances, they bill will affect a debtor who files for ors who honestly can’t because they are able to get a carve-out and go for- bankruptcy if the court determines are drowning in medical debt. That is ward and file for chapter 7? that the debtor filed as a result of over- what this amendment is about. No debtor can get an exemption from whelming medical bills, unless the Let me go through some of the argu- this bill unless the court finds that the debtor elects to have a particular pro- ments that were made. Is the Wellstone debtor was forced to file because of vision apply. amendment made redundant by the medical debt. It is not enough to say, We are really saying if the goal of means test in the bill? Absolutely not. ‘‘I had a medical bill,’’ and then you this bill is to go after those that have Neither the means test nor the safe see somebody who has run up all kinds gamed the system—again, I cite the harbor in the bill applies to the vast of credit card bills. American Bankruptcy Institute’s re- majority of new burdens placed on Mr. BIDEN. Will the Senator yield? port that, at best, that is 3 percent of debtors. Is he talking about his amendment or the people; there are others who say 10 I held up the whole bill. The bill is the bill? or 13 percent. Surely in those cases more than just the means test. The bill Mr. WELLSTONE. I am talking where the court determines that the is this size and the means test is this about my amendment. debtor who files for bankruptcy has size. Mr. BIDEN. I thank the Senator. filed for bankruptcy because of a major Under S. 420, debtors will face those Mr. WELLSTONE. No. 3, does the medical bill, we would want to exempt hurdles to filing, regardless of the cir- Wellstone amendment leave hospitals them from the provisions of this legis- cumstances. Let me give some exam- or medical centers at a disadvantage? lation. This is somebody who is now ples of some of these hurdles. One is No. The amendment doesn’t make med- going under because of cancer or be- the prebankruptcy counseling require- ical debt a lower priority than other cause of a disabling injury. There, but ments at the debtor’s expense, as if debt. The point is, this doesn’t change for the grace of God, go I. These are medical debts can be counseled away. current law. With this bill, you have not people gaming the system. Why would you want to say to a family auto lenders, you have credit card com- I also pointed out earlier today—and that is being put under by a medical panies, you have all sorts of people who I think it is important to give this bill, that is going through a living hell, have a claim. But this particular piece amendment some context—it is unfor- that they have to go through credit of legislation does not affect the tunate we are not spending more of our dischargeability or nondischargeability time trying to figure out how to legis- counseling and they have to pay for it? No. 1, they wouldn’t be filing for of medical debt at all. This is the same late so we can cover the 43 or 44 million bankruptcy if they weren’t at the end protections that people have right now. people with no insurance, or people of their wits; they wouldn’t be filing We are not changing any current law in who are underinsured, people who go for bankruptcy if they had a lot of terms of whether hospitals are able or under because of catastrophic expenses. Sad but true, being able to file for extra change, a lot of extra money. not able to get reimbursement. chapter 7 is one of the ways people can This presumption that they are trying Can I give a real-world example of rebuild their lives. It is one of the ways to abuse the system or have been bad how the nonmeans test portion of the people can get back on their feet when managers and need to go through bill affects medical debt filing? My col- they have been knocked down by a prebankruptcy counseling require- league from Delaware may want to re- major medical bill. ments makes no sense at all. It makes spond to this Time magazine example Why is it necessary? The bankruptcy no sense at all when families are being about Allen Smith, a resident of Dela- bill purports to target abuses of the put under because of medical bills. ware, a State which has no homestead bankruptcy code by wealthy scofflaws There are no limits on repeat filers, exemption. In other words, he can’t and deadbeats who, as I said, according regardless of personal circumstances. shield his home from his creditors. to the American Bankruptcy Institute, There are changes to existing cram- Ironically, under this bill, wealthy make up about 3 percent. Yet hundreds down provisions in chapter 13 making scofflaws can shield multimillion-dol- of thousands of Americans file bank- it more difficult for debtors to keep lar mansions from their creditors with ruptcy every year. They don’t file their car and new tax return filing obli- a little planning. All you have to do is, bankruptcy to game the system. They gations and new administrative bur- a couple of years in advance, know you file bankruptcy because of medical dens that are expected to raise the cost are going to be in trouble. A lot of peo- bills. That can happen to any of us. of filing, even in a simple case, by hun- ple with high incomes know that. You Unfortunately—and I went through dreds of dollars. hire a lawyer and you are fine. these this afternoon—there are at least The point is, if you are going to try But Mr. Smith doesn’t get that 15 provisions in S. 420 that make it to deal with those people who you break. As a result, when the tragic harder to get a fresh start, regardless think are deadbeats or are gaming the medical problems described in the of whether the debtor is a scofflaw or a system, for God’s sake don’t do it for Time magazine article befell his fam- person who must file because they have families who are going under because ily, he could not file a chapter 7 case been made insolvent by medical debt. of medical bills and for whom chapter 7 without losing his home. Instead, he In the case of those families made in- gives them a chance to rebuild their filed a chapter 13 case, which required solvent by medical debt, they ought to lives. substantial payments in addition to his be exempt from some of the onerous No. 2, does the Wellstone amendment regular mortgage payments for him to provisions in this bill. carve out a serious loophole in the save his home. Ultimately, after his Some of the provisions in the bill in- means test? No. The debtor can only wife passed away and he himself was clude but go beyond the means test. I get an exemption from this bill if the hospitalized, he was unable to make all said this to my colleague from Iowa court finds that the debtor was forced those payments and his chapter 13 plan this afternoon. An analysis in the Wall to file because of medical debt. A debt- failed. Street Journal last week said: The bill or who has carried some medical debt Had Delaware had a reasonable is full of hassle-creating provisions. but filed because he ran up a bunch of homestead exemption and Mr. Smith Some reasonable, some prone to abuse credit card bills is not going to meet been able to simply file a chapter 7 by aggressive creditors trying to get the standard and he is not going to be case to eliminate his debts, he might paid at the expense of others. In a protected by this amendment. have been able to save his home. Mr. thicket of compromises, Congress risks I need to make that point again. The Smith’s financial deterioration was losing sight of the goal, making sure debtor can only get the exemption caused not by his being a spendthrift, that most debtors pay their bills, while from this bill if the court finds that not because he was a bad manager of offering a fresh start to those who hon- this family was forced to file for bank- his budget, not because he did anything estly can’t. ruptcy because of medical debt. wrong. His financial deterioration was

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.113 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1957 caused by unavoidable medical prob- an industry, a powerful industry that percent, 50 percent, or 70 percent. But lems. has poured the money into doing the it is a lot. I understand what he is say- Before he thought about bankruptcy, lobbying, it is a one-to-one correlation ing. he went to consumer credit card coun- to people’s positions. You can’t do By the way, there is one generic seling to try to deal with his debt. that. I refuse to do it. People can do point to which I am sympathetic—that However, it appears that he went to that to anybody here on any issue. people in fact have real serious medical consumer credit card counseling just But that is not the point. Institution- problems and are forced to liquidate over 180 days before the case was filed ally, I have to say this is, unfortu- everything they have to pay the med- and he did not receive a briefing, so the nately, a classic example of an indus- ical bills. It is an absolute tragedy. I new bill would require him to go again. try with a tremendous amount of fi- agree with my friend. That is why I This would have been very difficult, nancial wherewithal, with an all-out support the national health insurance considering his medical problems. In lobbying effort, which I think is prob- plan and the need to cover all of those fact, his attorney made several visits ably well satisfied with this piece of folks. to Mr. Smith and his wife, who was a legislation because, frankly, there is I also appreciate the fact that he is double amputee. very little in this legislation that calls not engaging in and he never has the The new bill would also have required for any accountability on the part of idea that because a particular group or a great deal of additional time and ex- this industry. group of people support a position, and pense for Mr. Smith and his attorney You will have an amendment tomor- they have power, that anybody who through new paperwork requirements row that deals with some of the pred- votes with them is because of the and a requirement that he attend a ator practices and the ways in which power. credit education course. Such a course they push credit cards on children. My friend and I voted against the po- would not have done anything to help But there is a whole lot in this legis- sition of the Chamber of Commerce prevent the medical problems suffered lation going way beyond a means test— yesterday notwithstanding the fact by Mr. Smith and his wife. He did not too many provisions, too many hurdles that labor poured tens of thousands of get into financial trouble through his which are too harsh—which make it dollars into the campaigns of Members failure to manage his money. He is 73 really too difficult for a whole lot of on this side. And I suspect that labor years old and he never had any debt ordinary people who haven’t abused PACs gave my friend from Wisconsin problems. anybody or any system to be able to hundreds of thousands of dollars. They The bill makes no exemptions for file for chapter 7. did not give a cent to the Senator from people who cannot attend the course That is what I think this debate is Delaware because I don’t take PAC that they are supposed to take, this about. Of course, the people most hurt money, and I haven’t taken PAC counseling, due to circumstances be- are the people with the least amount of money. yond their control. So Mr. Smith clout. I appreciate the honesty that he is might never have been able to get any I think if this amendment passes, it exhibiting, but it confuses me on a cou- relief in bankruptcy under this new makes this a much better bill because ple of points. One, I am from Scranton, bill. I don’t disagree with the premise. I PA. That is an area of the country that Do we really want to do this to peo- think the legislation is way too broad. has been on hard times for a long time. ple? Under the new bill, Mr. Smith also Unfortunately, I think the legislation My grandfather Finnigan used to have would have had to give up his tele- has some very far-reaching and far- an expression. He would say: When the vision and VCR to Sears, which ranging serious implications in terms fellow in Throop—that was a commu- claimed a security interest in the of how it affects people’s lives. nity south of Scranton—loses his job, items. Under the bill, he would not be If we want to go after people gaming it means there is an economic slow- permitted to retain possession of these the system, let’s do it. Why not just down. When your brother-in-law loses a items in chapter 7 unless he affirms the say when you have a family filing for job, it means there is a recession. When debt or retrieved the item. Sears may bankruptcy because of medical bills you lose your job, it means there is a demand reaffirmation of the entirely that we exempt them from all of these depression. $3,000 debt under the bill, and to re- different tests and provisions and hur- I wonder why we don’t include people deem, Mr. Smith would have to pay the dles that will make it impossible for who lose their jobs and have to declare retail value. them to rebuild their lives? That is bankruptcy and can’t find employ- After his wife died and the income what this amendment is about. ment. was gone, Mr. Smith did not have the I yield the floor. I have a little bit of a problem in money to pay these amounts to Sears. Mr. GRASSLEY. Mr. President, I terms of singling out one type of that Since he is largely homebound, loss of yield 10 minutes to the Senator from debt that is exempt, but not because it the items would have been devastating. Delaware. has anything to do with any other in- The point is, Mr. Smith’s medical The PRESIDING OFFICER (Mr. SES- dustry. I don’t know any other indus- problems continued. Under the current SIONS). The Senator from Delaware. try that cares a whole lot about that. law, if he again amasses medical and Mr. BIDEN. Mr. President, I appre- My point is, that is a conceptual prob- other debts he can’t pay, he could seek ciate what the Senator is trying to do. lem I am having difficulty getting refuge in chapter 13 where he would be It is confusing me a little bit, though— over. required to pay all that he could afford. not his intention but the way he But the second point I wish to make Under the new bill, Mr. Smith cannot phrases it. is that his amendment wouldn’t affect file a chapter 13 case for 5 years. The He talks about the fact that if some- what this bill is about. It would affect time for filing chapter 7 has also been one has a serious medical bill that bankruptcy law tremendously, present increased. causes them to move into bankruptcy, bankruptcy law, future bankruptcy There have been a bunch of reports which I might add is a real problem, law, future bankruptcy changes, and about this bill. I know the proponents and it is the reason why most people present. It would have a profound im- think they have been unfair. We all move into bankruptcy, it is not credit pact. have our own definition of right and cards—you can’t have it both ways and But the reason for this bill is to set wrong here. ABC had a tough piece last stand up on the floor and say the rea- a standard on the basis of someone night. Time magazine had a tough son people go into bankruptcy is credit moving from chapter 7 to chapter 13. I piece. The Wall Street Journal was card debt. There is no evidence of that. remind anybody who is listening to tough. Business Week had a tough The GAO report doesn’t say that. The this at home that chapter 7 means if piece. Congressional Research Service doesn’t you file in that chapter, all your debts Personally, as I said about 50 times say that—and then point out, which is are discharged, and you start brand today, every time I talk about money accurate, that medical bills cause peo- new. You don’t owe anybody anything. and the credit card industry, I have to ple to go into bankruptcy in consider- You don’t try to pay anything off. It is be careful because you cannot make able numbers. I do not know the exact done. Chapter 13 means that the vast the assumption that because you have number. I don’t know whether it is 20 majority of your debts are discharged,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.116 pfrm08 PsN: S07PT1 S1958 CONGRESSIONAL RECORD — SENATE March 7, 2001 but you work out a payment plan be- he didn’t want to because under this That is my point. There are 200 pages cause you can think you can pay some bill, the means test in S. 420 estab- to this bill. I say to my colleague, I of it. Most people who chose chapter 13 lishes a standard. It establishes a went over some of these provisions this in the old days chose it to avoid the standard. And it goes on to point out afternoon that affect everyone, regard- embarrassment of chapter 7 so they that in terms of this whole argument less of income, regardless of whether or could pay something off in good faith. about medical bills, which I went into not they file for chapter 13 or chapter They had something to pay, but they a little while earlier, unless your 7. couldn’t pay everybody. They wanted means test—in my State, by the way, Mr. BIDEN. Will the Senator yield? the court to help them figure out how the means test for a family would be Mr. WELLSTONE. I will make a cou- to divvy out what they could pay. $46,000, and you would have to make ple points, and then I will yield to get That is what it is about. There is no more than that to even be considered the Senator’s response. standard now that a judge uses. There in the means test, but once you are in My point is, why would you want to is a generic standard saying substan- the means test, then what happens is have these kinds of rules and these tial abuse. Right now, a bankruptcy special circumstances can be counted, kinds of provisions when you have a court judge or master has to move whether or not you can still stay in family being put under because of med- someone from 7 to 13 if that judge says, chapter 7 or get bumped to chapter 13. ical bills? look, you are able to pay something so And the special circumstances relate to I am trying to get all my notes to- you should be in 13. medical expenses. The medical ex- gether, one by one. My dad always said: Keep your eye penses are your special circumstances. My colleague said, conceptually why on the ball. The ball here is what this If you are in a situation where not not somebody who has lost their job? is about. This bill is about whether or only do you have medical expenses that That could very well be an amendment not there is a standard we are now you have to meet but you have the that I will have on this bill. It is pretty going to set beyond the broad standard medical expenses and other necessary horrible when people lose their jobs. By of substantial abuse that says when expenses that are not limited to your the way, the next thing they worry you must move from chapter 7 into own medical expenses—for example, about, when they lose their job, is los- chapter 13 to pay some of your bills. the medical expenses you are paying ing their health care coverage. You By the way, you only get moved into for your mom, the medical expenses sort of assume, if somebody loses their that if you have at least $10,000 to dis- you are paying for your adopted child, job, they can find another job. But tribute after all of your necessities are the medical expenses you are paying what if somebody has been put under taken care of, or you are able to pay 25 for your sister, the medical expenses because of a medical bill and they percent of your debt over 5 years. If you are paying for a family member themselves are struggling with a dis- you can’t meet that standard, you are —those get included so you do not get ease or a disabling injury? It seems to not in 13 either. You don’t get into knocked out of chapter 7 under this me this would be the first, if you will, chapter 13. law. You can count those medical ex- order of exemption. Again, keep your eye on the ball. penses. My colleague says there are sweeping This bill is about whether or not you So a judge says: OK, look, under the changes to this amendment. That is can pay some of your bills. means test, you have this amount of true. This bill is also cause for sweep- Along comes my friend who says— money. You do not make more than ing changes. It depends on whether you which may be good public policy. I am $46,000 in Delaware, so you can stay in think the changes are good, whether not disagreeing with the possibility chapter 7. We are not even going to you think they are the right thing to that anybody who declares bankruptcy consider looking at whether or not you do or not. That is where we disagree. because of medical bills can discharge have a right to file in chapter 7. And Now, it is true—and this is a key those debts outright, period. They are then, by the way, if you are 150 percent point to make—that what I am doing is just in chapter 7. They can, in fact, go above that income, which gets you up saying there ought to be some discre- there. to, what, $60,000, or something like tion in the system. My colleague I point out to my friend about the that, whatever the exact number is, talked about the standards. I do not case in Delaware. The individual filed then you can say: Hey, wait a minute. mind having rigorous or even rigid in chapter 7. He chose to file in chapter I have all these medical expenses so I standards, as long as you do not cap- 7. He discharged all of his debts. Unfor- get to stay in chapter 7 anyway. ture the wrong people. But you are cap- tunately, my State has what I thought My confusion is how this amendment turing the wrong people. The people the Senator from Minnesota had been relates to this bill. It relates to bank- who pay the price, as I have tried to saying. You shouldn’t have a home- ruptcy generally; I acknowledge that. argue, are people who, again, as deter- stead exemption. My State doesn’t. It is a new standard that we are consid- mined by the court are filing for bank- Had he filed 13, he could have kept his ering, but it does not go to the asser- ruptcy because of medical expenses. I home theoretically. He was not re- tions made by others that people, be- think that is about 50 percent of the quired. He filed in chapter 7. cause of their medical bills, are getting cases, at least on the basis of what I Mr. WELLSTONE. Thirteen. killed with this legislation. have seen. Mr. BIDEN. Then he would have been The very example my friend gave al- Although, interestingly enough—and able to keep his home in chapter 13. If ready was an example that occurred in I do not want to have a side debate I am wrong about that, I will correct Delaware that had nothing to do with with my colleague on this—although, the record. But in Delaware, under this legislation. His medical bills were interestingly enough, in consumer sur- chapter 7, we don’t have this way to so high, the poor devil, and his income veys actually people cite credit card hide assets in a house. I think you was so limited, he lost everything. companies as the reason they file for should be able to keep up to $100,000 of That is tragic. That is why we need na- bankruptcy before they do for medical the value of your house. But in 13, you tional health insurance. But the pas- expenses. get to keep your house as long as you sage of this bill would not alleviate Mr. BIDEN. Kind of funny. It is keep your mortgage payments, and you that problem. So it is kind of a non se- wrong, though; isn’t it? are allowed to have that portion taken quitur. They are not related. Mr. WELLSTONE. To my mind—— out to keep your house just as you can I yield the floor. Mr. BIDEN. You can’t have it both have that portion taken out to pay Mr. WELLSTONE addressed the ways. your medical bills, or pay ongoing ex- Chair. Mr. WELLSTONE. You can’t have it penses that you have—gas for your car The PRESIDING OFFICER. The Sen- both ways, but it can be interactive. to go back and forth to work, et cetera. ator from Minnesota. Frankly, there are a number of vari- That is the case that would not be af- Mr. WELLSTONE. I am trying to re- ables that come into play. I think my fected by this legislation. It would not spond to some of what my good friend colleague from Delaware is right when be made better or not be made worse from Delaware has said. It is true that he talked about job loss. But, I say to by this will. What would happen is ar- in the example I gave of Allen Smith, the Senator from Delaware—I do not guably he wouldn’t have to go to 13 if he is not affected by the means test. know if he heard my first response,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.120 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1959 which was that I absolutely understand tening to this debate. What would be credit card, they don’t declare bank- conceptually what he was saying when implied from this debate or assumed ruptcy because of a $1,000 debt they he said: Why not job loss? And I said from this debate is somehow, by the don’t pay. That is malarkey. that could very well be another amend- passage of this bill, people with med- They declare bankruptcy because ment—as awful as that is, the place to ical bills will be put at a greater dis- they run up tens of thousands of dol- start is the medical expenses. advantage than they are under the lars in loans to go to college. That is In relation to job loss, we have this present system. That is not true. why you should support the Schumer- going on right now with 1,300 taconite In the broader question of whether or Biden amendment to make sure that workers. You go up there and talk to not bankruptcy law—period—should be people can deduct the cost of college people. The next thing they are fright- for people who have no ability to pay from their taxes. That is why we ened of is that in 6 months they will their bills because they have medical should provide for health care for all lose their health insurance. If they bills, or have no ability to pay their Americans so we don’t have them de- worked there a little longer, they lose bills because of the loss of their job, or claring bankruptcy because of this. it after a year. And do you know what have no ability to pay their bills be- Bankruptcies increase in direct pro- else. And I am going to try—and this cause they are deemed to be incom- portion to people losing their health one I am hoping to get support on from petent, even though they have an es- insurance—in direct proportion. Sen- a lot of Senators—the other thing I am tate that exists out there—they are all ator KENNEDY stands on the floor—and worried about, I say to Senator BIDEN different things that have nothing to no one knows more about it than he— from Delaware, is that the retirees are do with the question of whether or not and points out that fewer and fewer terrified—and ‘‘terrified’’ is the right this legislation should pass or should people have health care coverage since word; and too many of them, I would fail. Based on the argument my friend we started this debate on health care argue, are dealing with cancer—that from Wisconsin is making, we should because my friends on the other side of LTV, the company, is going to file for eliminate the bankruptcy law that ex- the aisle are reluctant to provide for bankruptcy and they are going to walk ists now. We should have no bank- health care for people. away from their health care obliga- ruptcy law because this does not exist I just want a little truth in adver- tions. That is a huge concern. in the present bankruptcy law. tising here; that is all. It is OK, beat up Mr. BIDEN. Right. I agree. It doesn’t exist in present bank- on the credit card companies, don’t Mr. WELLSTONE. But my argument ruptcy law. Let’s not get confused. If like them. Beat up on the big compa- would be that with the medical, it is the Senator wishes to make the argu- nies, don’t like them. This is an ironic not just the bills. I am imagining peo- ment that this is an important exemp- position for me to be in after 28 years ple who have been stricken with ill- tion that should be written into bank- in the Senate. No one has ever accused nesses or disabling injuries. So I ruptcy law as it exists or as it is me of being a friend of the banking in- thought: Look, if there is any group of amended, I understand that; I dustry. I have been around for a long time. Let’s get it straight; you can’t people—there, but for the grace of God, empathize with it. But if it is to make have it all ways here. go I—it applies to them. the case that people with severe med- My friend comes to talk about the Again, I am not arguing that there ical bills are more disadvantaged under isn’t discretion. Deliberately, we have predatory practices. There are preda- the changes we are proposing than the tory practices, I acknowledge that. But discretion put in here. I think the rules law that exists now, I don’t buy that are too rigid in this bill. I am not argu- are they the reason bankruptcies are argument. increasing? Maybe. I see no evidence of ing that the means test is the issue. In I will conclude by saying the only it. No one has shown any evidence of fact, I said this afternoon—and I say reason I spoke to the question of and that. The only report that was done in- tonight—there are a whole bunch of agreed with the Senator that I think at dicates the opposite. If 50 percent re- other provisions—I outlined 12, or 13, least 50 percent of all bankruptcies are or 14 provisions—that I think make it lated to health care, then obviously it filed because of medical bills—at least isn’t because of any particular indus- difficult for people to rebuild their 50 percent—if that is true, then my lives. try. friend from Illinois and my other friend I thank my colleague for his gen- That is the point I am making. I do from Wisconsin and my friend from not see why we can’t have an exemp- erosity. Massachusetts are dead wrong when I ask my friend from Iowa—he was tion. I think it would make the bill a they say the majority of bankruptcies much better bill, and it would accom- not on the floor—I am defending his po- are filed because of credit cards. That sition. The Senator from Minnesota plish the goal you are trying to accom- means that that can’t be true. plish, which is to not let folks game it. yielded me 5 minutes of his time. If he Let’s just look. I ‘‘ain’t’’ slow; I did needs time, I hope the Senator will But for the families I am talking pretty well in math. It is really simple. about, they are not gaming it. lend him the 5 minutes he would have With fifty percent of 100 percent based lent me. I yield the floor. upon the fact that you have too many Mr. BIDEN addressed the Chair. I yield the floor. The PRESIDING OFFICER. Who medical bills and you are required to The PRESIDING OFFICER. The Sen- yields time? go bankrupt, that means that all other ator from Iowa. Mr. WELLSTONE. Mr. President, I bankruptcies, for whatever reason, AMENDMENT NO. 13 yield some of my time. I yield 5 min- amount to 50 percent, which means Mr. GRASSLEY. Mr. President, I be- utes to the Senator from Delaware. that credit card bankruptcies must be lieve we can accommodate the Senator The PRESIDING OFFICER. The Sen- less than 49 percent—at least less than from Delaware and the Senator from ator from Delaware. 49 percent. Minnesota. We have 20 minutes remain- Mr. BIDEN. That is very generous of According to the study we have got- ing. I will yield myself 5 minutes. Then the Senator. ten, there is no evidence that they it is my understanding that Senator I would like to make three points, have contributed at all to the increase HATCH needs some time to respond to and I will try to make them quickly. in bankruptcy. the Senator from Minnesota. I will One, the point of the Senator’s I might add, I am anxious to debate take my time to address an amend- amendment is—and I agree with the the predatory practice of sending the ment that we are going to be voting on thrust of it because there should be no kids the credit card and all that stuff. when we vote on two amendments in discretion—no discretion—if, in fact, With the limits they put on the credit just a few minutes. That amendment is you are bankrupt because of medical card, those limits that you get when the amendment by the Senator from bills, then you automatically are out, you get that credit card at the front Vermont, Mr. LEAHY. period. It is done. You do not owe any- end, these people that can’t pay that The amendment would allow small body anything; finished, over, done, pe- back are so few that they are not even businesses to be given special treat- riod. I understand that. And I sym- in the game of declaring bankruptcy. ment as compared to other businesses. pathize with that. They are not even in the game. The When the words ‘‘small business’’ are I do not want anybody to mix apples college student who gets a credit card used around the U.S. Congress, every- and oranges unintentionally or in lis- and blows it up and spends $1,000 on the body looks up because we know that

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.125 pfrm08 PsN: S07PT1 S1960 CONGRESSIONAL RECORD — SENATE March 7, 2001 small business is the engine of ad- We have tried to accommodate our creditors from complying with con- vancement in America, creating the friends on the other side in innumer- sumer protections in this bill, such as new jobs. able ways. We have accommodated the reaffirmation reforms that we have I have to say that albeit his amend- them. It seems as if we can never quite here, such as the restrictions on credi- ment may be well intended because we satisfy some on the other side. I am tors who fail to credit plan payments want small businesses to succeed—and not finding fault with them; they are properly, such as the privacy protec- I would be the first one to say that— very sincere on these amendments, but tions, and so forth. Senator LEAHY’s amendment would be there is no way we could go with some So I hope my colleagues will recog- detrimental to this bill and also to of the amendments that have been of- nize this amendment for what it is. It many small businesses as well as those fered. is an amendment that will not work. It he says he is trying to help. I am going to talk about the amend- is not fair. It would benefit only those I will explain to the Senate now why ment of the distinguished Senator from who could afford to pay their medical I believe his amendment is intended to Minnesota, excepting those with high bills, and it would not do anything for help small businesses of some very medical expenses from all provisions of others. It would allow a loophole so small size and help other businesses this reform legislation. people could pick and choose in legisla- that are just a little larger but still The effect of that amendment: If a tion that we ought to all be subjected very much a small business. debtor can demonstrate ‘‘the reason for to or have to comply with, or that we He would do this by creating three filing was a result of debts incurred ought to all benefit from, depending categories of unsecured creditors in through medical expenses,’’ the debtor upon the use of the particular bill be- chapter 7, chapter 12, and chapter 13 is exempt from every provision of S. cause all of those factors are part of it. proceedings under our bankruptcy 420, except those they might elect to I hope our colleagues will vote code. Priority creditors would be paid have covered. against this amendment. It is an un- first, then small business creditors, and I can imagine that is not going to be wise amendment. It would devastate then general business creditors that much of an election. The amendment this bill in many respects, and it would are not small business creditors are the would create a major loophole, if we not accomplish what the distinguished last in line. I will repeat that. It would were to accept or vote up the Wellstone Senator would want to accomplish be- give priority creditors the option of amendment. S. 420 already allows all cause I know his goal is to help those being paid first, then small business medical expenses to be deducted in de- who are unfortunate. That is our goal, creditors, and then general business termining the ability to pay. too. That is why we have special cir- creditors that are not small business If for some reason a debtor could not cumstances in this bill, to help those creditors are the last in line. deduct them under the IRS guidelines, who are unfortunate, who should not This idea is different from the way the debtor can demonstrate that there have to comply with some of the as- bankruptcy has been treated histori- are ‘‘special’’ circumstances. So the pects of the bill. His amendment basi- cally where we have only given special only people this amendment would help cally helps those who should not be treatment to creditors with extraor- are well-off people who have the ability helped, who ought to be able to pay for dinary circumstances. What I mean to to pay but also suffered medical prob- their own expenses, and who can pay say is that we have created a priority lems. for them. status for those who have compelling The amendment unwisely creates two With that, I suggest the absence of a reasons to go first, such as child sup- classes of debtors. One class must use quorum. port, which has dominated this debate the bankruptcy bill as S. 420 would The PRESIDING OFFICER. The on bankruptcy reform for 3 years now. amend it, and another class can use clerk will call the roll. After child support, people who might bankruptcy law as it exists today or The assistant legislative clerk pro- be killed by drunk drivers is an exam- pick and choose what provisions of this ceeded to call the roll. ple, or the importance of high priority new law apply to it. Mr. WELLSTONE. I ask unanimous for back pay and wages. If you don’t To allow some group of citizens, no consent that the order for the quorum have a compelling reason such as these matter how unfortunate, to pick and call be rescinded. categories I have just listed, then choose what parts of the law will apply The PRESIDING OFFICER. Without creditors otherwise are given equal to them is absolutely unprecedented. objection, it is so ordered. treatment. But that is what the amendment of the Mr. WELLSTONE. Mr. President, I I have to conclude that this is an Senator from Minnesota would do. It wonder whether my colleague—I think antibusiness amendment. It would, for would allow debtors to evade the child I have 2 minutes—will grant me 2 min- instance, require a law firm or a pay- support, alimony, and marital property utes. I won’t need more than 4 minutes. day loan shark of five members to be settlement provisions of this bill that Mr. GRASSLEY. Yes. paid before an auto repair shop with 30 help women and children. The debtor Mr. WELLSTONE. Mr. President, I employees. Also, the amendment could who owed child support could evade his tried to respond to what colleagues have an unintended result, such as basic responsibilities to pay child sup- have said. I want to respond to one larger businesses being deterred from port by fitting under the loophole cre- point my friend from Utah made. The offering credit to people who may real- ated by this Wellstone amendment. question is whether the amendment ly need it. Further, this issue has not I have worked long and hard to solve carves out a serious loophole in the been examined at all. We don’t know these problems. I have to tell you, I means test. The answer is no. for sure what the implications are. think we have them solved, to a large The debtor can only get an exemp- I hope my colleagues will oppose this degree, in this bill. I think people on tion from this bill if the court finds amendment. Do not be sucked into vot- both sides of the aisle are appreciative that the debtor was forced to file be- ing for it because it has a title of small we have worked so hard for women and cause of medical debt. Again, I say to business, because it has small business children. my colleague, I don’t have any problem of a certain category but it hurts small The Wellstone amendment would with rigorous standards, or even rigid businesses generally. allow debtors to evade the homestead standards, as long as you don’t capture I yield the floor and yield whatever exemption caps imposed by this bill. the wrong people. This legislation cap- time Senator HATCH might consume. His amendment is unworkable. Credi- tures the wrong people. There ought to The PRESIDING OFFICER. The Sen- tors would not know if they had to be some discretion in the system that ator from Utah. make the truth in lending disclosures says, yes, go after those people who are AMENDMENT NO. 14 this bill imposes on them until after gaming the system—although I think Mr. HATCH. Mr. President, I thank the debtor filed for bankruptcy. Yet we have very different views about my colleague. I appreciate all the work the disclosures must be given in credit what percentage they are. But for he has done on this bill through the card solicitations and on monthly God’s sake, when it is a family being years and here today as well. He and I statements. put under, through no fault of their have walked arm in arm on this bill for The amendment would have the own, because of a major medical illness a long time. strange effect of apparently exempting or injury and, therefore, medical bills,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.128 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1961 and the court finds that indeed the bill, where we are trying to solve prob- I yield the floor. I suggest the ab- debtor was forced to file because of a lems and trying to get those who can sence of a quorum. major medical bill, that is where I pay to live up to the responsibilities The PRESIDING OFFICER. The would argue we ought to have an ex- and not use the bankruptcy laws as a clerk will call the roll. emption for these families from any methodology of getting out from under The bill clerk proceeded to call the number of the different provisions in debts they are capable of paying. roll. this bill that are meant to deal with I hope our colleagues will vote Mr. HATCH. Mr. President, I ask people involved in gaming the system, against this amendment. unanimous consent that the order for which will make it so difficult. Mr. GRASSLEY. How much time re- the quorum call be dispensed with. I have listed a lot of these provisions mains, Mr. President? The PRESIDING OFFICER. Without all day. Why would we not, if the pur- The PRESIDING OFFICER. Five objection, it is so ordered. ported purpose of this legislation, I say minutes. The Senator from Iowa. Mr. HATCH. Mr. President, do we to two good Senators, is to go after Mr. GRASSLEY. Mr. President, the have the yeas and nays on both amend- people who are gaming the system, to Senator from Minnesota has been ments? The PRESIDING OFFICER. The yeas go after some of the abuses, why would building a Potemkin village against and nays have only been ordered on the we not want to have this very simple this bill over a period of 3 years. We have dealt with many of the houses and Leahy amendment. exception for people who are filing for Mr. HATCH. I ask for the yeas and buildings that have been put up. First, bankruptcy because of major medical nays on the Wellstone amendment. it was child support. That has quieted expenses? That is all this does, as de- The PRESIDING OFFICER. Is there a down. Then it was the unemployed. termined by the court. sufficient second? I yield the remainder of my time. That has quieted down. Then it was There is a sufficient second. Mr. GRASSLEY. Mr. President, I those who were in a divorce with spe- The question is on agreeing to suggest the absence of a quorum. cial problems. That has quieted down. amendment No. 14. The clerk will call The PRESIDING OFFICER. The We have destroyed almost every one the roll. clerk will call the roll. of these homes in your village except The assistant legislative clerk called The bill clerk proceeded to call the this one of medical expenses, and it the roll. roll. keeps coming up. It started last spring Mr. FITZGERALD (when his name Mr. HATCH. Mr. President, I ask when the Time magazine story came was called). Present. unanimous consent that the order for out about how this bill was so unfair to The PRESIDING OFFICER (Mr. the quorum call be rescinded. certain families in America. CHAFEE). Are there any other Senators The PRESIDING OFFICER. Without I assure the Senator that every one in the Chamber desiring to vote? objection, it is so ordered. of those families mentioned in that The result was announced—yeas 34, Mr. HATCH. Mr. President, I listened story would have been able to take nays 65, as follows: to our distinguished colleague from bankruptcy even if our bill were law. [Rollcall Vote No. 16 Leg.] Minnesota. I have to say this bill takes Most of those are people who had med- YEAS—34 care of people who cannot afford to pay ical expenses. Akaka Feingold Mikulski their medical expenses. His amendment This paper house of medical expenses Baucus Graham Murray would allow those who can afford to comes up again. I have said so many Bayh Harkin Nelson (FL) Boxer Hollings Reed pay for them a loophole to get out of times in this debate, not just this year Cantwell Inouye Rockefeller paying for them. but last year, that we allow under this Clinton Kennedy Sarbanes The poor really are taken care of in bill 100 percent of the medical expenses Corzine Kerry Schumer this bill because of the means test we to be deducted in determining whether Daschle Landrieu Stabenow Dayton Leahy Wellstone have provided. But the wealthy, even somebody can file under chapter 7 and Dodd Levin Wyden though they have a tremendous capac- have the ability to pay. If 100 percent Dorgan Lieberman ity to earn money in the future, would of expenses are not enough, will 101 Durbin Lincoln be able to get out of all of the provi- percent or 102 percent or 110 percent NAYS—65 sions of this bill under his amendment satisfy the Senator? I would almost be Allard Domenici McConnell if they have medical expenses they willing to give it to the Senator. Allen Edwards Miller can’t afford to pay for at that par- I know the Senator says he has to Bennett Ensign Murkowski Biden Enzi Nelson (NE) ticular time, but they clearly have the have his amendment or we go through Bingaman Feinstein Nickles ability to pay for it in the future. a certain procedure. What does the Bond Frist Reid This bill is to try to stop that kind of Senator from Minnesota think the Breaux Gramm Roberts abuse. That is why I cannot support whole process of bankruptcy is about? Brownback Grassley Santorum Bunning Gregg Sessions the amendment of the Senator. I know If we did not have that process, every- Burns Hagel Shelby he is trying to do what is right. As a body would be gaming the system. We Byrd Hatch Smith (NH) practicality, under bankruptcy law, it have people gaming the system now. Campbell Helms Smith (OR) Carnahan Hutchinson Snowe would be one of the worst things you I just read a story put out by the Carper Hutchison Specter could put in this bill. So this is a harm- credit union people about somebody Chafee Inhofe Stevens ful and unnecessary amendment that from the Senator’s State who had made Cleland Jeffords Thomas would undermine the important re- it very clear why he was going into Cochran Johnson Thompson Collins Kohl Thurmond forms in the bankruptcy bill. bankruptcy, and he spent the next 3 Conrad Kyl Torricelli Under this amendment, all the debtor months traveling through the South Craig Lott Voinovich who is fully able to repay his debts after he retired. Crapo Lugar Warner would have to do to get out of repaying What we are trying to do is bit by bit DeWine McCain them is to show he filed for bankruptcy destroy these faults, these structures ANSWERED ‘‘PRESENT’’—1 because of medical expenses—some- built against this bill, and I think we Fitzgerald body fully capable of paying his or her have destroyed them all. I hope this The amendment (No. 14) was rejected. bills. S. 420 already allows for unlim- vote on the amendment of the Senator Mr. HATCH. Mr. President, I move to ited medical expenses to be deducted in from Minnesota will put this issue of reconsider the vote. determining the ability to pay, and its medical expenses to rest once and for Mr. NICKLES. I move to lay that mo- means test only applies to those who all. tion on the table. have income above the national me- The very same people the Senator The motion to lay on the table was dian income and have the ability to wants to make sure get a fresh start, I agreed to. pay at least 25 percent of their debts want to make sure get a fresh start, AMENDMENT NO. 13 over 5 years. and they are going to be able to do it The PRESIDING OFFICER. Under So the amendment of the distin- under our bill. They do not need the the previous order, there will now be 2 guished Senator is ill-advised. It would amendment of the Senator from Min- minutes of debate on the Leahy amend- be a travesty as part of this particular nesota to do it. ment.

VerDate 23-FEB-2001 04:34 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.130 pfrm08 PsN: S07PT1 S1962 CONGRESSIONAL RECORD — SENATE March 7, 2001 Who yields time? NAYS—41 HEARING PROCEDURE Mr. LEAHY. Mr. President, last week Akaka Dorgan Levin Rule 4. (a) Public notice shall be given of the distinguished majority leader said Baucus Durbin Lincoln the date, place, and subject matter of any Boxer Edwards Mikulski we needed to pass this bill to help hearing to be held by the Committee or any Breaux Feingold Murray Subcommittee at least one week in advance small business creditors in bankruptcy. Byrd Feinstein Nelson (FL) of such hearing unless the Chairman of the I agree with him. Tonight we can take Cantwell Graham Reed Carnahan Harkin Reid full Committee or the Subcommittee in- a bipartisan step to do just that. Cleland Hollings Rockefeller volved determines that the hearing is non- This amendment provides small busi- Clinton Inouye Sarbanes controversial or that special circumstances ness creditors with the priority dis- Conrad Kennedy Schumer require expedited procedures and a majority tribution from the bankruptcy estate. Corzine Kerry Stabenow of all the Members of the Committee or the Daschle Kohl Wellstone Subcommittee involved concurs. In no case They make up 90 percent of the busi- Dayton Landrieu Wyden shall a hearing be conducted with less than nesses in our country. These are the Dodd Leahy twenty-four hours notice. Any document or mom-and-pop stores across the coun- ANSWERED ‘‘PRESENT’’—1 report that is the subject of a hearing shall try—the feedstores, the small ranchers, Fitzgerald be provided to every Member of the com- and the small farmers. They are the mittee or Subcommittee involved at least 72 backbone of our economy. The motion was agreed to. hours before the hearing unless the Chair- The PRESIDING OFFICER. The Sen- We are already giving different pref- man and Ranking Member determine other- ator from Kansas. erences in this bill. All I am saying is wise. that if you have to have the first pref- MORNING BUSINESS (b) Each witness who is to appear before the Committee or any Subcommittee shall erence to a multibillion-dollar credit Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Sen- file with the Committee or Subcommittee, card company, or the stores on your at least 24 hours in advance of the hearing, a main street of your hometown, when ate now be in a period of morning busi- written statement of his or her testimony in you list those preferences, give the ness with Senators permitted to speak as many copies as the Chairman of the Com- stores the first preferences. It doesn’t for up to 10 minutes each. mittee or Subcommittee prescribes. let any debtors off their debt, but it The PRESIDING OFFICER. Without (c) Each member shall be limited to five helps the small businesses of America. objection, it is so ordered. minutes in the questioning of any witness f until such time as all Members who so desire Mr. HATCH. Mr. President, this have had an opportunity to question the wit- amendment would discriminate against RULES OF THE COMMITTEE ON ness. any business with more than 25 em- ENERGY AND NATURAL RE- (d) The Chairman and Ranking Minority ployees with regard to their ability to SOURCES Member of the Committee or Subcommittee collect debts in bankruptcy. Instead of of the Ranking Majority and Minority Mem- Mr. MURKOWSKI. Mr. President, in allowing the bankruptcy process to bers present at the hearing may each appoint accordance with rule XXVI, paragraph proceed fairly, this amendment would one Committee staff member to question 2, of the Standing Rules of the Senate, prevent businesses with more than 25 each witness. Such staff member may ques- I ask unanimous consent that there be tion the witness only after all Members employees from being paid a single printed in the RECORD the rules of the present have completed their questioning of penny until smaller businesses were Committee on Energy and Natural Re- the witness or at such other time as the paid in full. It is an improper way to sources. Chairman and the Ranking Majority and Mi- proceed in bankruptcy. We should not nority Members present may agree. No staff discriminate against anybody and let RULES OF THE SENATE COMMITTEE ON ENERGY member may question a witness in the ab- AND NATURAL RESOURCES the process takes its course. sence of a quorum for the taking of testi- I hope our colleagues will vote GENERAL RULES mony. against this amendment. Rule 1. The Standing Rules of the Senate, BUSINESS MEETING AGENDA as supplemented by these rules, are adopted Rule 5. (a) A legislative measure, nomina- I move to table the amendment. I ask as the rules of the Committee and its Sub- for the yeas and nays. tion, or other matter shall be included on committees. the agenda of the next following business The PRESIDING OFFICER. Is there a MEETINGS OF THE COMMITTEE meeting of the full Committee or any Sub- sufficient second? Rule 2. (a) The Committee shall meet on committee if a written request for such in- There is a sufficient second. the third Wednesday of each month while the clusion has been filed with the Chairman of The question is on agreeing to the Congress is in session for the purpose of con- the Committee or Subcommittee at least one motion to table the amendment. ducting business, unless, for the convenience week prior to such meeting. Nothing in this The clerk will call the roll. of Members, the Chairman shall set some rule shall be construed to limit the author- other day for a meeting. Additional meetings ity of the Chairman of the Committee or The legislative clerk called the roll. may be called by the Chairman as he may Subcommittee to include a legislative meas- Mr. FITZGERALD (when his name deem necessary. ure, nomination, or other matter on the was called). Present. (b) Business meetings of any Sub- Committee or Subcommittee agenda in the The PRESIDING OFFICER. Are there committee may be called by the Chairman of absence of such request. any other Senators in the Chamber de- such Subcommittee, Provided, That no Sub- (b) The agenda for any business meeting of the Committee or Subcommittee shall be siring to vote? committee meeting or hearing, other than a field hearing, shall be scheduled or held con- provided to each Member and made available The result was announced—yeas 58, currently with a full Committee meeting or to the public at least three days prior to nays 41, as follows: hearing, unless a majority of the Committee such meeting, and no new items may be [Rollcall Vote No. 17 Leg.] concurs in such concurrent meeting or hear- added after the agenda is so published except ing. by the approval of a majority of all the Mem- YEAS—58 OPEN HEARINGS AND MEETINGS bers of the Committee or Subcommittee. The Allard Enzi Murkowski Staff Director shall promptly notify absent Rule 3. (a) All hearings and business meet- Allen Frist Nelson (NE) Members of any action taken by the Com- ings of the Committee and its Subcommit- Bayh Gramm Nickles mittee or Subcommittee on matters not in- Bennett Grassley Roberts tees shall be open to the public unless the cluded on the published agenda. Biden Gregg Santorum Committee or Subcommittee involved, by Bingaman Hagel Sessions majority vote of all the Members of the QUORUMS Bond Hatch Shelby Committee or such Subcommittee, orders Rule 6. (a) Except as provided in sub- Brownback Helms Smith (NH) Bunning Hutchinson Smith (OR) the hearing or meeting to be closed in ac- sections (b), (c), and (d), eight Members shall Burns Hutchison Snowe cordance with paragraph 5(b) of Rule XXVI constitute a quorum for the conduct of busi- Campbell Inhofe Specter of the Standing Rules of the Senate. ness of the Committee. Carper Jeffords Stevens (b) A transcript shall be kept of each hear- (b) No measure or matter shall be ordered Chafee Johnson Thomas ing of the Committee or any Subcommittee. reported from the Committee unless twelve Cochran Kyl Thompson (c) A transcript shall be kept of each busi- Members of the Committee are actually Collins Lieberman Thurmond ness meeting of the Committee or any Sub- present at the time such action is taken. Craig Lott Torricelli Crapo Lugar Voinovich committee unless a majority of all the Mem- (c) Except as provided in subsection (d), DeWine McCain Warner bers of the Committee or the Subcommittee one-third of the Subcommittee Members Domenici McConnell involved agrees that some other form of per- shall constitute a quorum for the conduct of Ensign Miller manent record is preferable. business of any Subcommittee.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.132 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1963 (d) One member shall constitute a quorum matters under investigation, given a copy of RULES OF THE SELECT for the purpose of conducting a hearing or these rules, given the opportunity to make a COMMITTEE ON INTELLIGENCE taking testimony on any measure or matter brief and relevant oral statement before or before the Committee or Subcommittee. after questioning, and be permitted to have Mr. SHELBY. Mr. President, para- VOTING counsel of his or her choosing present during graph 2 of Senate Rule XXVI requires Rule 7. (a) A rollcall of the Members shall his or her testimony at any public or closed that not later than March 1 of the first hearing, or at any unsworn interview, to ad- be taken upon the request on any Member. year of each Congress, the rules of each vise the witness of his or her legal rights. Any member who does not vote on any roll- committee shall be published in the call at the time the roll is called, may vote (c) For purposes of this rule, the term ‘‘in- RECORD. (in person or by proxy) on that rollcall at vestigation’’ shall not include a review or any later time during the same business study undertaken pursuant to paragraph 8 of In compliance with this provision, I meeting. Rule XXVI of the Standing Rules of the Sen- ask unanimous consent that the rules ate or an initial review of any allegation of (b) Proxy voting shall be permitted on all of the Select Committee on Intel- matters, except that proxies may not be wrongdoing intended to determine whether ligence be printed in the RECORD. counted for the purpose of determining the there is substantial credible evidence that presence of a quorum. Unless further limited, would warrant a preliminary inquiry or an There being no objection, the mate- a proxy shall be exercised only upon the date investigation. rial was ordered to be printed in the for which it is given and upon the items pub- SWORN TESTIMONY RECORD, as follows: lished in the agenda for that date. Rule 11. Witnesses in Committee or Sub- (c) Each Committee report shall set forth committee hearings may be required to give SELECT COMMITTEE ON INTELLIGENCE—RULES the vote on the motion to report the meas- testimony under oath whenever the Chair- OF PROCEDURE ure or matter involved. Unless the Com- man or Ranking Minority Member of the RULE 1. CONVENING OF MEETINGS mittee directs otherwise, the report will not Committee or Subcommittee deems such to set out any votes on amendments offered be necessary. If one or more witnesses at a 1.1. The regular meeting day of the Select during Committee consideration. Any Mem- hearing are required to testify under oath, Committee on Intelligence for the trans- ber who did not vote on any rollcall shall all witnesses at that hearing shall be re- action of Committee business shall be every have the opportunity to have this position quired to testify under oath. other Wednesday of each month, unless oth- recorded in the appropriate Committee erwise directed by the Chairman. record or Committee repot. SUBPOENAS (d) The Committee vote to report a meas- Rule 12. No subpoena for the attendance of 1.2. The Chairman shall have authority, ure to the Senate shall also authorize the a witness or for the production of any docu- upon proper notice, to call such additional staff of the Committee to make necessary ment, memorandum, record, or other mate- meetings of the Committee as he may deem technical and clerical corrections in the rial may be issued unless authorized by a necessary and may delegate such authority measure. majority of all the Members of the Com- to any other member of the Committee. mittee, except that a resolution adopted pur- SUBCOMMITTEES 1.3. A special meeting of the Committee suant to Rule 10(a) may authorize the Chair- Rule 8. (a) The number of Members as- may be called at any time upon the written man, with the concurrence of the Ranking signed to each Subcommittee and the divi- request of five or more members of the Com- Minority Member, to issue subpoenas within sion between Majority and Minority Mem- mittee filed with the Clerk of the Com- the scope of the authorized investigation. bers shall be fixed by the Chairman in con- mittee. sultation with the Ranking Minority Mem- CONFIDENTIAL TESTIMONY 1.4. In the case of any meeting of the Com- ber. Rule 13. No confidential testimony taken (b) Assignment of Members to Subcommit- mittee, other than a regularly scheduled by or any report of the proceedings of a meeting, the Clerk of the Committee shall tees shall, insofar as possible, reflect the closed Committee or any Subcommittee, or preferences of the Members. No Member will notify every member of the Committee of any report of the proceedings of a closed the time and place of the meeting and shall receive assignment to a second Sub- Committee or Subcommittee hearing or committee until, in order of seniority, all give reasonable notice which, except in ex- business meeting, shall be made public, in traordinary circumstances, shall be at least Members of the Committee have chosen as- whole or in part or by way of summary, un- signments to one Subcommittee, and no 24 hours in advance of any meeting held in less authorized by a majority of all the Mem- Washington, D.C. and at least 48 hours in the Member shall receive assignment to a third bers of the Committee at a business meeting Subcommittee until, in order of seniority, case of any meeting held outside Wash- called for the purpose of making such a de- ington, D.C. all Members have chosen assignments to two termination. Subcommittees. 1.5. If five members of the Committee have DEFAMATORY STATEMENTS (c) Any member of the Committee may sit made a request in writing to the Chairman with any Subcommittee during its hearings Rule 14. Any person whose name is men- to call a meeting of the Committee, and the and business meetings but shall not have the tioned or who is specifically identified in, or Chairman fails to call such a meeting within authority to vote on any matters before the who believes that testimony or other evi- seven calendar days thereafter, including the Subcommittee unless he is a Member of such dence presented at, an open Committee or day on which the written notice is sub- Subcommittee. Subcommittee hearing tends to defame him mitted, these members may call a meeting or otherwise adversely affect his reputation NOMINATIONS by filing a written notice with the Clerk of may file with the Committee for its consid- Rule 9. At any hearing to confirm a Presi- the committee who shall promptly notify eration and action a sworn statement of each member of the Committee in writing of dential nomination, the testimony of the facts relevant to such testimony or evidence. nominee and, at the request of any Member, the date and time of the meeting. any other witness shall be under oath. Every BROADCASTING OF HEARINGS OR MEETINGS RULE 2. MEETING PROCEDURES nominee shall submit a statement of his fi- Rule 15. Any meeting or hearing by the nancial interests, including those of his Committee or any Subcommittee which is 2.1. Meetings of the Committee shall be spouse, his minor children, and other mem- open to the public may be covered in whole open to the public except as provided in S. bers of his immediate household, on a form or in part by television broadcast, radio Res. 9, 94th Congress, 1st Session. approved by the Committee, which shall be broadcast, or still photography. Photog- 2.2. It shall be the duty of the Staff Direc- sworn to by the nominee as to its complete- raphers and reporters using mechanical re- tor to keep or cause to be kept a record of all ness and accuracy. A statement of every cording, filming, or broadcasting devices Committee proceedings. nominee’s financial interest shall be made shall position their equipment so as not to available to the public on a form approved by interfere with the seating, vision, and hear- 2.3. The Chairman of the Committee, or if the Committee unless the Committee in ex- ing of Members and staff on the dais or with the Chairman is not present the Vice Chair- ecutive session determines that special cir- the orderly process of the meeting or hear- man, shall preside over all meetings of the cumstances require a full or partial excep- ing. Committee. In the absence of the Chairman tion to this rule. AMENDING THE RULES and the Vice Chairman at any meeting the ranking majority member, or if no majority INVESTIGATIONS Rule 16. These rules may be amended only member is present the ranking minority Rule 10. (a) Neither the Committee nor any by vote of a majority of all the Members of member present shall preside. of its Subcommittees may undertake an in- the Committee in a business meeting of the vestigation unless specifically authorized by Committee: Provided, That no vote may be 2.4. Except as otherwise provided in these a majority of all the Members of the Com- taken on any proposed amendment unless Rules, decisions of the Committee shall be mittee. such amendment is reproduced in full in the by a majority vote of the members present (b) A witness called to testify in an inves- Committee agenda for such meeting at least and voting. A quorum for the transaction of tigation shall be informed of the matter or three days in advance of such meeting. Committee business, including the conduct

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of executive sessions, shall consist of no less RULE 6. INVESTIGATIONS 8.7. Inspection and Correction.—All wit- than one third of the Committee Members, No investigation shall be initiated by the nesses testifying before the Committee shall except that for the purpose of hearing wit- Committee unless at least five members of be given a reasonable opportunity to inspect, nesses, taking sworn testimony, and receiv- the Committee have specifically requested in the office of the Committee, the tran- ing evidence under oath, a quorum may con- the Chairman or the Vice Chairman to au- script of their testimony to determine sist of one Senator. thorize such an investigation. Authorized in- whether such testimony was correctly tran- 2.5. A vote by any member of the Com- vestigations may be conducted by members scribed. The witness may be accompanied by mittee with respect to any measure or mat- of the Committee and/or designated Com- counsel. Any corrections the witness desires ter being considered by the Committee may mittee staff members. to make in the transcript shall be submitted be cast by proxy if the proxy authorization in writing to the Committee within five days RULE 7. SUBPOENAS (1) is in writing; (2) designates the member of from the date when the transcript was made the Committee who is to exercise the proxy; Subpoenas authorized by the Committee available to the witness. Corrections shall be and (3) is limited to a specific measure or for the attendance of witnesses or the pro- limited to grammar and minor editing, and matter and any amendments pertaining duction of memoranda, documents, records may not be made to change the substance of thereto. Proxies shall not be considered for or any other material may be issued by the the testimony. Any questions arising with the establishment of a quorum. Chairman, the Vice Chairman, or any mem- respect to such corrections shall be decided 2.6. Whenever the Committee by roll vote ber of the Committee designated by the by the Chairman. Upon request, those parts reports any measure or matter, the report of Chairman, and my be served by any person of testimony given by a witness in executive the Commission upon such measure or mat- designated by the Chairman, Vice Chairman session which are subsequently quoted or ter shall include a tabulation of the votes or member issuing the subpoenas. Each sub- made part of a public record shall be made cast in favor of and the votes cast in opposi- poena shall have attached thereto a copy of available to that witness at his or her ex- tion to such measure or matter by each S. Res. 400, 94th Congress, 2d Session and a pense. copy of these rules. member of the Committee. 8.8. Requests to Testify.—The Committee RULE 3. SUBCOMMITTEES RULE 8. PROCEDURES RELATED TO THE TAKING will consider requests to testify on any mat- Creation of subcommittees shall be by ma- OF TESTIMONY ter or measure pending before the Com- jority vote of the Committee. Subcommit- 8.1 Notice.—Witnesses required to appear mittee. A person who believes that testi- tees shall deal with such legislation and before the Committee shall be given reason- mony or other evidence presented at a public oversight of programs and policies as the able notice and all witnesses shall be fur- hearing, or any comment made by a Com- Committee may direct. The subcommittees nished a copy of these Rules. mittee member or a member of the Com- shall be governed by the Rules of the Com- 8.2 Oath or Affirmation.—Testimony of mittee staff may tend to affect adversely his mittee and by such other rules they may witnesses shall be given under oath or affir- or her reputation, may request to appear adopt which are consistent with the Rules of mation which may be administered by any personally before the Committee to testify the Committee. member of the Committee. on his or her own behalf, or may file a sworn RULE 4. REPORTING OF MEASURES OR 8.3 Interrogation.—Committee interroga- statement of facts relevant to the testimony, RECOMMENDATIONS tion shall be conducted by members of the evidence, or comment, or may submit to the 4.1. No measures or recommendations shall Committee and such Committee staff as are Chairman proposed questions in writing for be reported, favorably or unfavorably, from authorized by the Chairman, Vice Chairman, the cross-examination of other witnesses. the Committee unless a majority of the or the presiding member. The Committee shall take such action as it Committee is actually present and a major- 8.4 Counsel for the Witness.—(a) Any wit- deems appropriate. ity concur. ness may be accompanied by counsel. A wit- 8.9. Contempt Procedures.—No rec- 4.2. In any case in which the Committee is ness who is unable to obtain counsel may in- ommendation that a person be cited for con- unable to reach a unanimous decision, sepa- form the Committee of such fact. If the wit- tempt of Congress shall be forwarded to the rate views or reports may be presented by ness informs the Committee of this fact at Senate unless and until the Committee has, any member or members of the Committee. least 24 hours prior to his or her appearance upon notice to all its members, met and con- 4.3. A member of the Committee who gives before the Committee, the Committee shall sidered the alleged contempt, afforded the notice of his intention to file supplemental, then endeavor to obtain voluntary counsel person an opportunity to state in writing or minority, or additional views at the time of for the witness. Failure to obtain such coun- in person why he or she should not be held in final Committee approval of a measure or sel will not excuse the witness from appear- contempt, and agreed by majority vote of matter, shall be entitled to not less than ing and testifying. the Committee, to forward such rec- three working days in which to file such (b) Counsel shall conduct themselves in an ommendation to the Senate. ethical and professional manner. Failure to views, and writing with the Clerk of the 8.10. Release of Name of Witness.—Unless do so shall, upon a finding to that effect by Committee. Such views shall then be in- authorized by the Chairman, the name of a majority of the members present, subject cluded in the Committee report and printed any witness scheduled to be heard by the such counsel to disciplinary action which in the same volume, as a part thereof, and Committee shall not be released prior to, or may include warning, censure, removal, or a their inclusion shall be noted on the cover of after, his or her appearance before the Com- recommendation of contempt proceedings. the report. mittee. 4.4. Routine, non-legislative actions re- (c) There shall be no direct or cross-exam- quired of the Committee may be taken in ac- ination by counsel. However, counsel may RULE 9. PROCEDURES FOR HANDLING CLASSIFIED cordance with procedures that have been ap- submit in writing any question he wishes OR SENSITIVE MATERIAL proved by the Committee pursuant to these propounded to his client or to any other wit- 9.1 Committee staff offices shall operate Committee Rules. ness and may, at the conclusion of his cli- under strict precautions. At least one secu- ent’s testimony, suggest the presentation of RULE 5. NOMINATIONS rity guard shall be on duty at all times by other evidence or the calling of other wit- 5.1. Unless otherwise ordered by the Com- the entrance to control entry. Before enter- nesses. The Committee may use such ques- mittee, nominations referred to the Com- ing the office all persons shall identify them- tions and dispose of such suggestions as it mittee shall be held for at least 14 days be- selves. deems appropriate. fore being voted on by the Committee. 9.2. Sensitive or classified documents and 5.2. Each member of the Committee shall 8.5. Statements by Witnesses.—A witness material shall be segregated in a secure stor- be promptly furnished a copy of all nomina- may make a statement, which shall be brief age area. They may be examined only at se- tions referred to the Committee. and relevant, at the beginning and conclu- cure reading facilities. Copying, duplicating, 5.3. Nominees who are invited to appear be- sion of his or her testimony. Such state- or removal from the Committee offices of fore the Committee shall be heard in public ments shall not exceed a reasonable period of such documents and other materials is pro- session, except as provided in Rule 2.1. time as determined by the Chairman, or 5.4. No confirmation hearing shall be held other presiding members. Any witness desir- hibited except as is necessary for use in, or sooner than seven days after receipt of the ing to make a prepared or written statement preparation for, interviews or Committee background and financial disclosure state- for the record of the proceedings shall file a meetings, including the taking of testimony, ment unless the time limit is waived by a copy with the Clerk of the Committee, and and in conformity with Section 10.3 hereof. majority vote of the Committee. insofar as practicable and consistent with All documents or materials removed from 5.5 The Committee vote on the confirma- the notice given, shall do so at least 72 hours the Committee offices for such authorized tion shall not be sooner than 48 hours after in advance of his or her appearance before purposes must be returned to the Commit- the Committee has received transcripts of the Committee. tee’s secure storage area for overnight stor- the confirmation hearing unless the time 8.6. Objections and Rulings.—Any objection age. limit is waived by unanimous consent of the raised by a witness or counsel shall be ruled 9.3. Each member of the Committee shall Committee. upon by the Chairman or other presiding at all times have access to all papers and 5.6 No nomination shall be reported to the member, and such ruling shall be the ruling other material received from any source. Senate unless the nominee has filed a back- of the Committee unless a majority of the The Staff Director shall be responsible for ground and financial disclosure statement Committee present overrules the ruling of the maintenance, under appropriate security with the Committee. the chair. procedures, of a registry which will number

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Whenever the Select Committee on In- mittee, in such manner as may be deter- mittee staff includes employees of the Com- telligence makes classified material avail- mined by the Senate. able to any other Committee of the Senate mittee, consultants to the Committee, or 10.8 The Committee shall immediately con- or to any member of the Senate not a mem- any other person engaged by contract or oth- sider action to be taken in the case of any ber of the Committee, such material shall be erwise to perform services for or at the re- member of the Committee staff who fails to accompanied by a verbal or written notice to quest of the Committee. To the maximum conform to any of these Rules. Such discipli- the recipients advising of their responsi- extent practicable, the Committee shall rely nary action may include, but shall not be bility to protect such material pursuant to on its full-time employees to perform all limited to, immediate dismissal from the section 8 of S. Res. 400 of the 94th Congress. staff functions. No individual may be re- Committee staff. The Clerk of the Committee shall ensure tained as staff of the Committee or to per- 10.9. Within the Committee staff shall be that such notice is provided and shall main- form services for the Committee unless that an element with the capability to perform tain a written record identifying the par- individual holds appropriate security clear- audits of programs and activities undertaken ticular information transmitted and the ances. by departments and agencies with intel- Committee or members of the Senate receiv- 10.2. The appointment of Committee staff ligence functions. Such element shall be ing such information. shall be confirmed by a majority vote of the comprised of persons qualified by training 9.5. Access to classified information sup- Committee. After confirmation, the Chair- and/or experience to carry out such functions plied to the Committee shall be limited to man shall certify Committee staff appoint- in accordance with accepted auditing stand- those Committee staff members with appro- ments to the Financial Clerk of the Senate ards. priate security clearance and a need-to- in writing. No committee staff shall be given 10.10 The workplace of the Committee shall know, as determined by the Committee, and, access to any classified information or reg- be free from illegal use, possession, sale or under the Committee’s direction, the Staff ular access to the Committee offices, until distribution of controlled substances by its Director and Minority Staff Director. such Committee staff has received an appro- employees. Any violation of such policy by 9.6. No member of the Committee or of the priate security clearance as described in Sec- any member of the Committee staff shall be Committee staff shall disclose, in whole or in tion 6 of Senate Resolution 400 of the 94th grounds for termination of employment. part or by way of summary, to any person Congress. Further, and illegal use of controlled sub- not a member of the Committee or the Com- 10.3. The Committee staff works for the stances by a member of the Committee staff, mittee staff for any purpose or in connection Committee as a whole, under the supervision within the workplace or otherwise, shall re- with any proceeding, judicial or otherwise, of the Chairman and Vice Chairman of the sult in reconsideration of the security clear- any testimony given before the committee in Committee. The duties of the Committee ance of any such staff member and may con- executive session including the name of any staff shall be performed, and Committee stitute grounds for termination of employ- witness who appeared or was called to appear staff personnel affairs and day-to-day oper- ment with the Committee. 10.11. In accordance with title III of the before the Committee in executive session, ations, including security and control of Civil Rights Act of 1991 (P.L. 102–166), all per- or the contents of any papers or materials or classified documents and material, and shall sonnel actions affecting the staff of the Com- other information received by the Com- be administered under the direct supervision mittee shall be made free from any discrimi- mittee except as authorized herein, or other- and control of the Staff Director. The Minor- nation based on race, color, religion, sex, na- ity Staff Director and the Minority Counsel wise as authorized by the Committee in ac- tional origin, age, handicap or disability. cordance with Section 8 of S. Res. 400 of the shall be kept fully informed regarding all 94th Congress and the provisions of these matters and shall have access to all material RULE 11. PREPARATION FOR COMMITTEE rules, or in the event of the termination of in the files of the Committee. MEETINGS the Committee, in such a manner as may be 10.4 The Committee staff shall assist the 11.1. Under direction of the Chairman and determined by the Senate. For purposes of minority as fully as the majority in the ex- the Vice Chairman, designated Committee this paragraph, members and staff of the pression of minority views, including assist- staff members shall brief members of the Committee may disclose classified informa- ance in the preparation and filing of addi- Committee at a time sufficiently prior to tion in the possession of the Committee only tional, separate and minority views, to the any Committee meeting to assist the Com- to persons with appropriate security clear- end that all points of view may be fully con- mittee members in preparation for such ances who have a need to know such infor- sidered by the Committee and the Senate. meeting and to determine any matter which the Committee member might wish consid- mation for an official governmental purpose 10.5 The members of the Committee staff ered during the meeting. Such briefing shall, related to the work of the Committee. Infor- shall not discuss either the substance or pro- at the request of a member, include a list of mation discussed in executive sessions of the cedure of the work of the Committee with all pertinent papers and other materials that Committee and information contained in pa- any person not a member of the Committee have been obtained by the Committee that pers and materials which are not classified or the Committee staff for any purpose or in connection with any proceeding, judicial or bear on matters to be considered at the but which are controlled by the Committee meeting. otherwise, either during their tenure as a may be disclosed only to persons outside the 11.2. The Staff director shall recommend to Committee who have a need to know such in- member of the Committee staff at any time the Chairman and the Vice Chairman the formation for an official governmental pur- thereafter except as directed by the Com- testimony, papers, and other materials to be pose related to the work of the Committee mittee in accordance with Section 8 of S. presented to the Committee at any meeting. and only if such disclosure has been author- Res. 400 of the 94th Congress and the provi- The determination whether such testimony, ized by the Chairman and Vice Chairman of sions of these rules, or in the event of the papers, and other materials shall be pre- the Committee, or by the Staff Director and termination of the Committee, in such a sented in open or executive session shall be Minority Staff Director, acting on their be- manner as may be determined by the Senate. made pursuant to the Rules of the Senate half. Failure to abide by this provision shall 10.6 No member of the Committee staff and Rules of the Committee. constitute grounds for referral to the Select shall be employed by the Committee unless 11.3. The Staff Director shall ensure that Committee on Ethics pursuant to Section 8 and until such a member of Committee staff covert action programs of the U.S. Govern- of S. Res. 400. agrees in writing, as a condition of employ- ment receive appropriate consideration by 9.7. Before the Committee makes any deci- ment to abide by the conditions of the non- the Committee no less frequently than once sion regarding the disposition of any testi- disclosure agreement promulgated by the a quarter. mony, papers, or other materials presented Senate Select Committee on Intelligence, RULE 12. LEGISLATIVE CALENDAR to it, the Committee members shall have a pursuant to Section 6 of S. Res. 400 of the 12.1. The Clerk of the Committee shall reasonable opportunity to examine all perti- 94th Congress, 2nd Session, and to abide by maintain a printed calendar for the informa- nent testimony, papers, and other materials the Committee’s code of conduct. tion of each Committee member showing the that have been obtained by the members of 10.7 No member of the Committee staff measures introduced and referred to the the Committee or the Committee staff. shall be employed by the Committee unless Committee and the status of such measures; 9.8. Attendance of persons outside the and until such a member of the Committee nominations referred to the Committee and Committee at closed meetings of the Com- staff agrees in writing, as a condition of em- their status: and such other matters as the mittee shall be kept at a minimum and shall ployment, to notify the Committee or in the Committee determines shall be included. The be limited to persons who appropriate secu- event of the Committee’s termination the Calendar shall be revised from time to time rity clearance and a need-to-know the infor- Senate of any request for his or her testi- to show pertinent changes. A copy of each mation under consideration for the execu- mony, either during his tenure as a member such revision shall be furnished to each tion of their official duties. Notes taken at of the Committee staff or at any time there- member of the Committee. such meetings by any person in attendance after with respect to information which 12.2. Unless otherwise ordered, measures shall be returned to the secure storage area came into his or her possession by virtue of referred to the Committee shall be referred in the Committee’s offices at the conclusion his or her position as a member of the Com- by the Clerk of the Committee to the appro- of such meetings, and may be made available mittee staff. Such information shall not be priate department or agency of the Govern- to the department, agency, office, committee disclosed in response to such requests except ment for reports thereon.

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RULE 13. COMMITTEE TRAVEL (A) two members from the Committee on (F) The intelligence activities of the Fed- 13.1. No member of the Committee or Com- Appropriations; eral Bureau of Investigation, including all mittee Staff shall travel abroad on Com- (B) two members from the Committee on activities of the Intelligence Division. mittee business unless specifically author- Armed Services; (G) Any department, agency, or subdivi- ized by the Chairman and Vice Chairman. (C) two members from the Committee on sion which is the successor to any agency Requests for authorization of such travel Foreign Relations; named in clause (A), (B), or (C); and the ac- shall state the purpose and extent of the (D) two members from the Committee on tivities of any department, agency, or sub- trip. A full report shall be filed with the the Judiciary; and division which is the successor to any de- Committee when travel is completed. (E) seven members to be appointed from partment, agency, bureau, or subdivision 13.2. When the Chairman and the Vice the Senate at large. named in clause (D), (E), or (F) to the extent Chairman approve the foreign travel of a (2) Members appointed from each com- that the activities of such successor depart- member of the Committee staff not accom- mittee named in clauses (A) through (D) of ment, agency, or subdivision are activities panying a member of the Committee, all paragraph (1) shall be evenly divided between described in clause (D), (E), or (F). members of the Committee are to be advised, the two major political parties and shall be (b) Any proposed legislation reported by the select committee, except any legislation prior to the commencement of such travel, of appointed by the President pro tempore of involving matters specified in clause (1) or its extent, nature and purpose. The report the Senate upon the recommendations of the (4)(A) of subsection (a), containing any mat- referred to in Rule 13.1 shall be furnished to majority and minority leaders of the Senate. ter otherwise within the jurisdiction of any all members of the Committee and shall not Four of the members appointed under clause standing committee shall, at the request of be otherwise disseminated without the ex- (E) of paragraph (1) shall be appointed by the the chairman of such standing committee, be press authorization of the Committee pursu- President pro tempore of the Senate upon referred to such standing committee for its ant to the Rules of the Committee. the recommendation of the majority leader 13.3. No member of the Committee staff of the Senate and three shall be appointed by consideration of such matter and be reported shall travel within this country on Com- the President pro tempore of the Senate to the Senate by such standing committee mittee business unless specifically author- upon the recommendation of the minority within thirty days after the day on which ized by the Staff Director as directed by the leader of the Senate. such proposed legislation is referred to such Committee. (3) The majority leader of the Senate and standing committee; and any proposed legis- the minority leader of the Senate shall be ex lation reported by any committee, other RULE 14. CHANGES IN RULES officio members of the select committee but than the select committee, which contains These Rules may be modified, amended, or shall have no vote in the committee and any matter within the jurisdiction of the se- repealed by the Committee, provided that a shall not be counted for purposes of deter- lect committee shall, at the request of the notice in writing of the proposed change has mining a quorum. chairman of the select committee, be re- been given to each member at least 48 hours (b) No Senator may serve on the select ferred to the select committee for its consid- prior to the meeting at which action thereon committee for more than eight years of con- eration of such matter and be reported to the is to be taken. tinuous service, exclusive of service by any Senate by the select committee within thir- APPENDIX A Senator on such committee during the Nine- ty days after the day on which such proposed 94TH, CONGRESS, 2D SESSION ty-fourth Congress. To the greatest extent legislation is referred to such committee. In S. RES. 400 practicable, one-third of the Members of the any case in which a committee fails to re- [Report No. 94–675] Senate appointed to the select committee at port any proposed legislation referred to it the beginning of the Ninety-seventh Con- within the time limit prescribed herein, such [Report No. 94–770] gress and each Congress thereafter shall be committee shall be automatically discharged IN THE SENATE OF THE UNITED STATES Members of the Senate who did not serve on from further consideration of such proposed MARCH 1, 1976 such committee during the preceding Con- legislation on the thirtieth day following the Mr. Mansfield (for Mr. Ribicoff) (for himself, gress. day on which such proposed legislation is re- Mr. Church, Mr. Percy, Mr. Baker, Mr. (c) At the beginning of each Congress, the ferred to such committee unless the Senate Brock, Mr. Chiles, Mr. Glenn, Mr. Huddle- Members of the Senate who are members of provides otherwise. In computing any thirty- ston, Mr. Jackson, Mr. Javits, Mr. Ma- the majority party of the Senate shall elect day period under this paragraph there shall thias, Mr. Metcalf, Mr. Mondale, Mr. Mor- a chairman for the select committee, and the be excluded from such computation any days gan, Mr. Muskie, Mr. Nunn, Mr. Roth, Mr. Members of the Senate who are from the mi- on which the Senate is not in session. Schweiker, and Mr. Weicker) submitted nority party of the Senate shall elect a vice (c) Nothing in this resolution shall be con- the following resolution; which was re- chairman for such committee. The vice strued as prohibiting or otherwise restrict- ferred to the Committee on Government chairman shall act in the place and stead of ing the authority of any other committee to Operations. the chairman in the absence of the chair- study and review any intelligence activity to the extent that such activity directly affects MAY 19, 1976—CONSIDERED, AMENDED, AND man. Neither the chairman nor the vice a matter otherwise within the jurisdiction of AGREED TO chairman of the select committee shall at the same time serve as chairman or ranking such committee. Resolution to establish a Standing Committee of minority member of any other committee re- (d) Nothing in this resolution shall be con- the Senate on Intelligence, and for other ferred to in paragraph 4(e)(1) of rule XXV of strued as amending, limiting, or otherwise purposes the Standing Rules of the Senate. changing the authority of any standing com- Resolved, That it is the purpose of this res- SEC. 3. (a) There shall be referred to the se- mittee of the Senate to obtain full and olution to establish a new select committee lect committee all proposed legislation, mes- prompt access to the product of the intel- of the Senate, to be known as the Select sages, petitions, memorials, and other mat- ligence activities of any department or agen- Committee on Intelligence, to oversee and ters relating to the following: cy of the Government relevant to a matter make continuing studies of the intelligence (1) The Central Intelligence Agency and otherwise within the jurisdiction of such activities and programs of the United States the Director of Central Intelligence. committee. Government, and to submit to the Senate ap- (2) Intelligence activities of all other de- SEC. 4. (a) The select committee, for the propriate proposals for legislation and report partments and agencies of the Government, purposes of accountability to the Senate, to the Senate concerning such intelligence including, but not limited to, the intel- shall make regular and periodic reports to activities and programs. In carrying out this ligence activities of the Defense Intelligence the Senate on the nature and extent of the purpose, the Select Committee on Intel- Agency, the National Security Agency, and intelligence activities of the various depart- ligence shall make every effort to assure other agencies of the Department of State; ments and agencies of the United States. that the appropriate departments and agen- the Department of Justice; and the Depart- Such committee shall promptly call to the cies of the United States provide informed ment of the Treasury. attention of the Senate or to any other ap- and timely intelligence necessary for the ex- (3) The organization or reorganization of propriate committee or committees of the ecutive and legislative branches to make any department or agency of the Govern- Senate any matters requiring the attention sound decisions affecting the security and ment to the extent that the organization or of the Senate or such other committee or vital interests of the Nation. It is further the reorganization relates to a function or activ- committees. In making such report, the se- purpose of this resolution to provide vigilant ity involving intelligence activities. lect committee shall proceed in a manner legislative oversight over the intelligence (4) Authorizations for appropriations, both consistent with section 8(c)(2) to protect na- activities of the United States to assure that direct and indirect, for the following: tional security. such activities are in conformity with the (A) The Central Intelligence Agency and (b) The select committee shall obtain an Constitution and laws of the United States. Director of Central Intelligence. annual report, from the Director of the Cen- SEC. 2. (a)(1) There is hereby established a (B) The Defense Intelligence Agency. tral Intelligence Agency, the Secretary of select committee to be known as the Select (C) The National Security Agency. Defense, the Secretary of State, and the Di- Committee on Intelligence (hereinafter in (D) The intelligence activities of other rector of the Federal Bureau of Investiga- this resolution referred to as the ‘‘select agencies and subdivisions of the Department tion. Such reports shall review the intel- committee’’). The select committee shall be of Defense. ligence activities of the agency or depart- composed of fifteen members appointed as (E) The intelligence activities of the De- ment concerned and the intelligence activi- follows: partment of State. ties of foreign countries directed at the

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.060 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1967 United States or its interest. An unclassified tional interest in the disclosure of such in- tend beyond the close of the ninth day on version of each report may be made available formation clearly outweighs any infringe- which the Senate is in session following the to the public at the discretion of the select ment on the privacy of any person or per- day on which such matter was reported to committee. Nothing herein shall be con- sons. the Senate, or the close of the fifth day fol- strued as requiring the public disclosure in SEC. 8. (a) the select committee may, sub- lowing the day agreed upon jointly by the such reports of the names of individuals en- ject to the provisions of this section, disclose majority and minority leaders in accordance gaged in intelligence activities for the publicly any information in the possession of with paragraph 5 of rule XVII of the Stand- United States or the divulging of intel- such committee after a determination by ing Rules of the Senate (whichever the case ligence methods employed or the sources of such committee that the public interest may be), the Senate shall immediately vote information on which such reports are based would be served by such disclosure. When- on the disposition of such matter in open or the amount of funds authorized to be ap- ever committee action is required to disclose session, without debate, and without divulg- propriated for intelligence activities. any information under this section, the com- ing the information with respect to which (c) On or before March 15 of each year, the mittee shall meet to vote on the matter the vote is being taken. The Senate shall select committee shall submit to the Com- within five days after any member of the vote to dispose of such matter by one or mittee on the Budget of the Senate the views committee requests such a vote. No member more of the means specified in clauses (A), and estimates described in section 301(c) of of the select committee shall disclose any in- (B), and (C) of the second sentence of this the Congressional Budget Act of 1974 regard- formation, the disclosure of which requires a paragraph. Any vote of the Senate to dis- ing matters within the jurisdiction of the se- committee vote, prior to a vote by the com- close any information pursuant to this para- lect committee. mittee on the question of the disclosure of graph shall be subject to the right of a Mem- SEC. 5. (a) For the purpose of this resolu- such information or after such vote except in ber of the Senate to move for reconsider- tion, the select committee is authorized in accordance with this section. ation of the vote within the time and pursu- its discretion (1) to make investigations into (b)(1) In any case in which the select com- ant to the procedures specified in rule XIII of any matter within its jurisdiction, (2) to mittee votes to disclose publicly any infor- the Standing Rules of the Senate, and the make expenditures from the contingent fund mation which has been classified under es- disclosure of such information shall be made of the Senate, (3) to employ personnel, (4) to tablished security procedures, which has consistent with that right. hold hearings, (5) to sit and act at any time been submitted to it by the executive (c)(1) No information in the possession of or place during the sessions, recesses, and branch, and which the executive branch re- the select committee relating to the lawful adjourned periods of the Senate, (6) to re- quests be kept secret, such committee shall intelligence activities of any department or quire, by subpoena or otherwise, the attend- notify the President of such vote. agency of the United States which has been ance of witnesses and the production of cor- (2) The select committee may disclose pub- classified under established security proce- respondence, books, papers, and documents, licly such information after the expiration of dures and which the select committee, pur- (7) to take depositions and other testimony, a five-day period following the day on which suant to subsection (a) or (b) of this section, (8) to procure the service of individual con- notice of such vote is transmitted to the has determined should not be disclosed shall sultants or organizations thereof, in accord- President, unless, prior to the expiration of be made available to any person by a Mem- ance with the provisions of section 202(i) of such five-day period, the President, person- ber, officer, or employee of the Senate except the Legislative Reorganization Act of 1946, ally in writing, notifies the committee that in a closed session of the Senate or as pro- and (9) with the prior consent of the govern- he objects to the disclosure of such informa- vided in paragraph (2). (2) The select committee may, under such ment department or agency concerned and tion, provides his reasons therefor, and cer- regulations as the committee shall prescribe the Committee on Rules and Administration, tifies that the threat to national interest of to use on a reimbursable basis the services of to protect the confidentiality of such infor- the United States posed by such disclosure is mation, make any information described in personnel of any such department or agency. of such gravity that it outweighs any public (b) The chairman of the select committee paragraph (1) available to any other com- interest in the disclosure. mittee or any other Member of the Senate. or any member thereof may administer (3) If the President, personally in writing, Whenever the select committee makes such oaths to witnesses. notifies the select committee of his objec- information available, the committee shall (c) Subpoenas authorized by the select tions to the disclosure of such information keep a written record showing, in the case of committee may be issued over the signature as provided in paragraph (2), such committee of the chairman, the vice chairman or any any particular information, which the com- may, by majority vote, refer the question of mittee or which Members of the Senate re- member of the select committee designated the disclosure of such information to the by the chairman, and may be served by any ceived such information under this sub- Senate for consideration. The committee section, shall disclose such information ex- person designated by the chairman or any shall not publicly disclose such information member signing the subpoenas. cept in a closed session of the Senate. without leave of the Senate. (d) It shall be the duty of the Select Com- SEC. 6. No employee of the select com- (4) Whenever the select committee votes to mittee on Standards and Conduct 1 to inves- mittee or any person engaged by contract or refer the question of disclosure of any infor- otherwise to perform services for or at the tigate any unauthorized disclosure of intel- mation to the Senate under paragraph (3), ligence information by a Member, officer or request of such committee shall be given ac- the chairman shall not later than the first cess to any classified information by such employee of the Senate in violation of sub- day on which the Senate is in session fol- section (c) and to report to the Senate con- committee unless such employee or person lowing the day on which the vote occurs, re- cerning any allegation which it finds to be has (1) agreed to in writing and under oath to port the matter to the Senate for its consid- substantiated. be bound by the rules of the Senate (includ- eration. (e) Upon the request of any person who is ing the jurisdiction of the Select Committee (5) One hour after the Senate convenes on subject to any such investigation, the Select on Standards and Conduct and of such com- the fourth day on which the Senate is in ses- Committee on Standards and Conduct 1 shall mittee as to the security of such information sion following the day on which any such release to such individual at the conclusion during and after the period of his employ- matter is reported to the Senate, or at such of its investigation a summary of its inves- ment or contractual agreement with such earlier time as the majority leader and the tigation together with its findings. If, at the committee; and (2) received an appropriate minority leader of the Senate jointly agree conclusion of its investigation, the Select security clearance as determined by such upon in accordance with paragraph 5 of rule Committee on Standards and Conduct 1 de- committee in consultation with the Director XVII of the Standing Rules of the Senate, termines that there has been a significant of Central Intelligence. The type of security the Senate shall go into closed session and breach of confidentiality or unauthorized clearance to be required in the case of any the matter shall be the pending business. In disclosure by a Member, officer, or employee such employee or person shall, within the de- considering the matter in closed session the of the Senate, it shall report its findings to termination of such committee in consulta- Senate may— the Senate and recommend appropriate ac- tion with the Director of Central Intel- (A) approve the public disclosure of all or tion such as censure, removal from com- ligence, be commensurate with the sensi- any portion of the information in question, mittee membership, or expulsion from the tivity of the classified information to which in which case the committee shall not pub- Senate, in the case of a Member, or removal such employee or person will be given access licly disclose the information ordered to be from office or employment or punishment by such committee. disclosed. for contempt, in the case of an officer or em- SEC. 7. The select committee shall formu- (B) disapprove the public disclosure of all ployee. late and carry out such rules and procedures or any portion of the information in ques- SEC. 9. The select committee is authorized as it deems necessary to prevent the disclo- tion, in which case the committee shall not to permit any personal representative of the sure, without the consent of the person or publicly disclose the information ordered not President, designated by the President to persons concerned, of information in the pos- to be disclosed, or serve as a liaison to such committee, to at- session of such committee which unduly in- (C) refer all or any portion of the matter tend any closed meeting of such committee. fringes upon the privacy or which violates back to the committee, in which case the SEC. 10. Upon expiration of the Select Com- the constitutional rights of such person or committee shall make the final determina- mittee on Governmental Operations With persons. Nothing herein shall be construed to tion with respect to the public disclosure of Respect to Intelligence Activities, estab- prevent such com mittee from publicly dis- the information in question. lished by Senate Resolution 21, Ninety- closing any such information in any case in Upon conclusion of the information of such fourth Congress, all records, files, docu- which such committee determines the na- matter in closed session, which may not ex- ments, and other materials in the possession,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.063 pfrm08 PsN: S07PT1 S1968 CONGRESSIONAL RECORD — SENATE March 7, 2001 custody, or control of such committee, under reduce duplication or overlap; and to im- (c) For purposes of this resolution, ref- appropriate conditions established by it, prove the morale of the personnel of the for- erence to any department, agency, bureau, shall be transferred to the select committee. eign intelligence agencies; or subdivision shall include a reference to SEC. 11. (a) It is the sense of the Senate (4) the conduct of covert and clandestine any successor department, agency, bureau, that the head of each department and agency activities and the procedures by which Con- or subdivision to the extent that such suc- of the United States should keep the select gress is informed of such activities; cessor engages in intelligence activities now committee fully and currently informed with (5) the desirability of changing any law, conducted by the department, agency, bu- respect to intelligence activities, including Senate rule or procedure, or any Executive reau, or subdivision referred to in this reso- any significant anticipated activities, which order, rule, or regulation to improve the pro- lution. are the responsibility of or engaged in by tection of intelligence secrets and provide SEC. 15. (This section authorized funds for such department or agency: Provided, That for disclosure of information for which there the select committee for the period May 19, this does not constitute a condition prece- is no compelling reason for secrecy; 1976, through Feb. 28, 1977.) dent to the implementation of any such an- (6) the desirability of establishing a stand- SEC. 16. Nothing in this resolution shall be ticipated intelligence activity. ing committee of the Senate on intelligence construed as constituting acquiescence by (b) it is the sense of the Senate that the activities; the Senate in any practice, or in the conduct head of any department or agency of the (7) the desirability of establishing a joint of any activity, not otherwise authorized by United States involved in any intelligence committee of the Senate and the House of law. activities should furnish any information or Representatives on intelligence activities in APPENDIX B lieu of having separate committees in each document in the possession, custody, or con- 94TH CONGRESS, 1ST SESSION trol of the department or agency, or person House of Congress, or of establishing proce- S. RES. 9 paid by such department or agency, when- dures under which separate committees on IN THE SENATE OF THE UNITED STATES ever requested by the select committee with intelligence activities of the two Houses of respect to any matter within such commit- Congress would receive joint briefings from JANUARY 15, 1975 tee’s jurisdiction. the intelligence agencies and coordinate Mr. Chiles (for himself, Mr. Roth, Mr. Biden, (c) It is the sense of the Senate that each their policies with respect to the safe- Mr. Brock, Mr. Church, Mr. Clark, Mr. department and agency of the United States guarding of sensitive intelligence informa- Cranston, Mr. Hatfield, Mr. Hathaway, Mr. should report immediately upon discovery to tion; Humphrey, Mr. Javits, Mr. Johnston, Mr. the select committee any and all intel- (8) the authorization of funds for the intel- McGovern, Mr. Metcalf, Mr. Mondale, Mr. ligence activities which constitute viola- ligence activities of the Government and Muskie, Mr. Packwood, Mr. Percy, Mr. tions of the constitutional rights of any per- whether disclosure of any of the amounts of Proxmire, Mr. Stafford, Mr. Stevenson, Mr. son, violations of law, or violations of Execu- such funds is in the public interest; and Taft, Mr. Weicker, Mr. Bumpers, Mr. tive orders, presidential directives, or de- (9) the development of a uniform set of Stone, Mr. Culver, Mr. Ford, Mr. Hart of partmental or agency rules or regulations; definitions for terms to be used in policies or Colorado, Mr. Laxalt, Mr. Nelson, and Mr. each department and agency should further guidelines which may be adopted by the ex- Haskell) introduced the following resolu- report to such committee what actions have ecutive or legislative branches to govern, tion; which was read twice and referred to been taken or are expected to be taken by clarify, and strengthen the operation of in- the Committee on Rules and Administra- the departments or agencies with respect to telligence activities. tion such violations. (b) The select committee may, in its dis- Resolution amending the rules of the Senate re- SEC. 12. Subject to the Standing Rules of cretion, omit from the special study required lating to open committee meetings by this section any matter it determines has the Senate, no funds shall be appropriated Resolved, That paragraph 7(b) of rule XXV been adequately studied by the Select Com- for any fiscal year beginning after Sep- of the Standing Rules of the Senate is mittee To Study Governmental Operations tember 30, 1976, with the exception of a con- amended to read as follows: tinuing bill or resolution, or amendment With Respect to Intelligence Activities, es- ‘‘(b) Each meeting of a standing, select, or thereto, or conference report thereon, to, or tablished by Senate Resolution 21, Ninety- special committee of the Senate, or any sub- for use of, any department or agency of the fourth Congress. committee thereof, including meetings to (c) The select committee shall report the United States to carry out any of the fol- conduct hearings, shall be open to the public, results of the study provided for by this sec- lowing activities, unless such funds shall except that a portion or portions of any such tion to the Senate, together with any rec- have been previously authorized by a bill or meetings may be closed to the public if the ommendations for legislative or other ac- joint resolution passed by the Senate during committee or subcommittee, as the case tions it deems appropriate, no later than the same or preceding fiscal year to carry may be, determines by record vote of a ma- July 1, 1977, and from time to time there- out such activity for such fiscal year: jority of the members of the committee or after as it deems appropriate. (1) The activities of the Central Intel- subcommittee present that the matters to be SEC. 14. (a) As used in this resolution, the ligence Agency and the Director of Central discussed or the testimony to be taken at Intelligence. term ‘‘intelligence activities’’ includes (1) the collection, analysis, production, dissemi- such portion or portions— (2) The activities of the Defense Intel- ‘‘(1) will disclose matters necessary to be nation, or use of information which relates ligence Agency. kept secret in the interests of national de- to any foreign country, or any government, (3) The activities of the National Security fense or the confidential conduct of the for- political group, party, military force, move- Agency. eign relations of the United States; (4) The intelligence activities of other ment, or other association in such foreign ‘‘(2) will relate solely to matters of com- agencies and subdivisions of the Department country, and which relates to the defense, mittee staff personnel or internal staff man- of Defense. foreign policy, national security, or related agement or procedure; (5) The intelligence activities of the De- policies of the United States, and other ac- ‘‘(3) will tend to charge an individual with partment of State. tivity which is in support of such activities; crime or misconduct, to disgrace or injure (6) The intelligence activities of the Fed- (2) activities taken to counter similar activi- the professional standing of an individual, or eral Bureau of Investigation, including all ties directed against the United States; (3) otherwise to expose an individual to public activities of the Intelligence Division. covert or clandestine activities affecting the contempt or obloquy, or will represent a SEC. 13. (a) The select committee shall relations of the United States with any for- clearly unwarranted invasion of the privacy make a study with respect to the following eign government, political group, party, of an individual; matters, taking into consideration with re- military force, movement or other associa- ‘‘(4) will disclose the identity of any in- spect to each such matter, all relevant as tion; (4) the collection, analysis, production, former or law enforcement agent or will dis- pects of the effectiveness of planning, gath- dissemination, or use of information about close any information relating to the inves- ering, use, security, and dissemination of in- activities of persons within the United tigation or prosecution of a criminal offense telligence: States, its territories and possessions, or na- that is required to be kept secret in the in- (1) the quality of the analytical capabili- tionals of the United States abroad whose terests of effective law enforcement; or ties of the United States foreign intelligence political and related activities pose, or may ‘‘(5) will disclose information relating to agencies and means for integrating more be considered by any department, agency, the trade secrets or financial or commercial closely analytical intelligence and policy bureau, office, division, instrumentality, or information pertaining specifically to a formulation; employee of the United States to pose, a given person if— (2) the extent and nature of the authority threat to the internal security of the United ‘‘(A) an Act of Congress requires the infor- of the departments and agencies of the exec- States, and covert or clandestine activities mation to be kept confidential by Govern- utive branch to engage in intelligence activi- directed against such persons. Such term ment officers and employees; or ties and the desirability of developing char- does not include tactical foreign military in- ‘‘(B) the information has been obtained by ters for each intelligence agency or depart- telligence serving no national policy-making the Government on a confidential basis, ment; function. other than through an application by such (3) the organization of intelligence activi- (b) As used in this resolution, the term person for a specific Government financial or ties in the executive branch to maximize the ‘‘department or agency’’ includes any orga- other benefit, and is ruired to be kept secret effectiveness of the conduct, oversight, and nization, committee, council, establishment, in order to prevent undue injury to the com- accountability of intelligence activities; to or office within the Federal Government. petitive position of such person.

VerDate 23-FEB-2001 04:43 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.065 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1969

Whenever any hearing conducted by any sire have had an opportunity to question the CONFIDENTIAL TESTIMONY such committee or subcommittee is open to witness unless the Committee shall decide Rule 9. No confidential testimony taken the public, that hearing may be broadcast by otherwise. by, or confidential material presented to the radio or television, or both, under such rules (d). the Chairman and Vice Chairman or Committee or any report of the proceedings as the committee or subcommittee may the ranking Majority and Minority Members of a closed Committee hearing or business adopt.’’. present at the hearing may each appoint one meeting shall be made public in whole or in SEC. 2. Section 133A(b) of the Legislative Committee staff member to question each part by way of summary, unless authorized Reorganization Act of 1946, section 242(a) of witness. Such staff member may question by a majority of the Members of the Com- the Legislative Reorganization Act of 1970, the witness only after all Members present mittee at a business meeting called for the and section 102 (d) and (e) of the Congres- have completed their questioning of the wit- purpose of making such a determination. sional Budget Act of 1974 are repealed. ness or at such time as the Chairman and DEFAMATORY STATEMENTS Vice Chairman or the Ranking Majority and f Rule 10. Any person whose name is men- Minority Members present may agree. tioned or who is specifically identified in, or RULES OF THE COMMITTEE ON BUSINESS MEETING AGENDA who believes that testimony or other evi- INDIAN AFFAIRS Rule 5(a). A legislative measure or subject dence presented at, an open Committee hear- Mr. CAMPBELL. Mr. President, Sen- shall be included in the agenda of the next ing tends to defame him or her or otherwise following business meeting of the Committee adversely affect his or her reputation may ate Standing Rule XXVI requires each if a written request by a Member for such in- file with the Committee for its consideration committee to adopt rules to govern the clusion has been filed with the Chairman of and action a sworn statement of facts rel- procedures of the committee and to the Committee at least one week prior to evant to such testimony of evidence. publish those rules in the CONGRES- such meeting. Nothing in this rule shall be BROADCASTING OF HEARINGS OR MEETINGS SIONAL RECORD not later than March 1 construed to limit the authority of the Rule 11. Any meeting or hearing by the of the first year of each Congress. On Chairman of the Committee to include legis- Committee which is open to the public may March 7, 2001, the Committee on Indian lative measures or subject on the Committee be covered in whole or in part by television, Affairs held a business meeting during agenda in the absence of such request. radio broadcast, or still photography. Pho- (b). Notice of, and the agenda for, any busi- tographers and reporters using mechanical which the members of the committee ness meeting of the Committee shall be pro- unanimously adopted rules to govern recording, filming, or broadcasting devices vided to each Member and made available to shall position their equipment so as not to the procedures of the committee. Con- the public at least two days prior to such interfere with the sight, vision, and hearing sistent with standing rule XXVI, today meeting, and no new items may be added of Members and staff on the dais or with the I ask unanimous consent to print in after the agenda is published except by the orderly process of the meeting or hearing. the RECORD the rules of the Senate approval of a majority of the Members of the AMENDING THE RULES Committee. The Clerk shall promptly notify Committee on Indian Affairs. Rule 12. These rules may be amended only absent Members of any action taken by the There being no objection, the mate- by a vote of a majority of all the Members of Committee on matters not included in the the Committee in a business meeting of the rial was ordered to be printed in the published agenda. RECORD, as follows: Committee; Provided, that no vote may be QUORUM taken on any proposed amendment unless RULES OF THE COMMITTEE ON INDIAN AFFAIRS Rule 6(a). Except as provided in sub- such amendment is reproduced in full in the COMMITTEE RULES sections (b) and (c), eight (8) Members shall Committee agenda for such meeting at least Rule 1. The Standing Rules of the Senate, constitute a quorum for the conduct of busi- seven (7) days in advance of such meeting. Senate Resolution 4, and the provisions of ness of the Committee. Consistent with Sen- f the Legislative Reorganization Act of 1946, ate rules, a quorum is presumed to be as amended by the Legislative Reorganiza- present unless the absence of a quorum is ADDITIONAL STATEMENTS tion Act of 1970, to the extent the provisions noted by a Member. of such Act are applicable to the Committee (b). A measure may be ordered reported on Indian Affairs and supplemented by these from the Committee unless an objection is TRIBUTE TO ISRAEL BROOKS rules, are adopted as the rules of the Com- made by a Member, in which case a recorded ∑ Mr. HOLLINGS. Mr. President, for mittee. vote of the Members shall be required. (c). One Member shall constitute a quorum the past 33 years, Israel Brooks has MEETINGS OF THE COMMITTEE for the purpose of conducting a hearing or done all citizens of South Carolina a Rule 2. The Committee shall meet on the taking testimony on any measure before the great favor by working in law enforce- first Tuesday of each month while the Con- Committee. ment. That is why it is with a degree of gress is in session for the purpose of con- VOTING sadness that I note his departure from ducting business, unless for the convenience the post of U.S. Marshal for South of the Members, the Chairman shall set some Rule 7(a). A Recorded vote of the Members other day for a meeting. Additional meetings shall be taken upon the request of any Mem- Carolina after seven years of service. may be called by the Chairman as he may ber. Israel Brooks’ career is a testament to deem necessary. (b). Proxy voting shall be permitted on all the caliber of leadership that his col- matters, except that proxies may not be OPEN HEARINGS AND MEETINGS leagues have learned to expect from counted for the purpose of determining the him. A native of Newberry, SC, he Rule 3. Hearings and business meetings of presence of a quorum. Unless further limited, the Committee shall be open to the public a proxy shall be exercised only for the date served for four years in the U.S. Marine except when the Chairman by a majority for which it is given and upon the terms pub- Corps where he rose to the rank of ser- vote orders a closed hearing or meeting. lished in the agenda for that date. geant and platoon leader. Then, in 1967, HEARING PROCEDURE SWORN TESTIMONY AND FINANCIAL STATEMENTS he became South Carolina’s first Afri- Rule 4(a). Public notice shall be given of Rule 8. Witnesses in Committee hearings can-American highway patrolman. the date, place and subject matter of any may be required to give testimony under After a five-year stint as an instructor hearing to be held by the Committee at least oath whenever the Chairman or Vice Chair- at the South Carolina Criminal Justice one week in advance of such hearing unless man of the Committee deems it to be nec- Academy, he continued to climb the the Chairman of the Committee determines essary. At any hearing to confirm a Presi- ranks of the highway patrol, serving as that the hearing is noncontroversial or that dential nomination, the testimony of the Major for four years until taking the special circumstances require expedited pro- nominee, and at the request of any Member, marshal’s post in 1994. cedures and a majority of the Committee in- any other witness, shall be under oath. Every Recently, Marshal Brooks was hon- volved concurs. In no case shall a hearing be nominee shall submit a financial statement, conducted with less than 24 hours notice. on forms to be perfected by the Committee, ored here in Washington for his lifelong (b). Each witness who is to appear before which shall be sworn to by the nominee as to commitment to fostering equal oppor- the Committee shall file with the Com- its completeness and accuracy. All such tunities in the workplace as a recipient mittee, at least 72 hours in advance of the statements shall be made public by the Com- of the Equal Employment Opportunity hearing, an original and 75 printed copies of mittee unless the Committee, in executive Award. He is most deserving of this and his or her written testimony. In addition, session, determines that special cir- the many other accolades that he has each witness shall provide an electronic copy cumstances require a full or partial excep- received throughout his distinguished of the testimony on a computer disk for- tion to this rule. Members of the Committee career. I am confident that Israel matted and suitable for use by the are urged to make public a complete disclo- Committee. sure of their financial interests on forms to Brooks is one of the finest law enforce- (c). Each member shall be limited to five be perfected by the Committee in the man- ment officers in the modern history of (5) minutes in questioning of any witness ner required in the case of Presidential South Carolina and my staff and I will until such times as all Members who so de- nominees. miss working with him.∑

VerDate 23-FEB-2001 04:34 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.067 pfrm08 PsN: S07PT1 S1970 CONGRESSIONAL RECORD — SENATE March 7, 2001 MESSAGE FROM THE HOUSE MEASURES REFERRED received on March 6, 2001; to the Committee on Agriculture, Nutrition, and Forestry. At 2:54 p.m., a message from the The following bills were read the first EC–919. A communication from the Acting House of Representatives, delivered by and the second times by unanimous Administrator of the Agricultural Marketing Ms. Niland, one of its reading clerks, consent, and referred as indicated: Service, Fruit and Vegetable Programs, De- announced that the House has passed H.R. 724. An act to authorize appropria- partment of Agriculture, transmitting, pur- the following bills, in which it requests tions to carry out part B of title I of the En- suant to law, the report of a rule entitled the concurrence of the Senate: ergy Policy and Conservation Act, relating ‘‘Hazelnuts Grown in Oregon and Wash- to the Strategic Petroleum Reserve; to the ington; Establishment of Interim and Final H.R. 724. An act to authorize appropria- Committee on Energy and Natural Re- Free and Restricted Percentages for the tions to carry out part B of title I of the En- sources. 2000—2001 Marketing Year’’ (Docket No. ergy Policy and Conservation Act, relating H.R. 727. An act to amend the Consumer FV01–982–1IFR) received on March 6, 2001; to to the Strategic Petroleum Reserve. Product Safety Act to provide that low-speed the Committee on Agriculture, Nutrition, H.R. 727. An act to amend the Consumer electric bicycles are consumer products sub- and Forestry. Product Safety Act to provide that low-speed ject to such Act; to the Committee on Com- EC–920. A communication from the Admin- electric bicycles are consumer products sub- merce, Science, and Transportation. istrator of the Environmental Protection ject to such Act. Agency, transmitting, pursuant to law, the f annual report relating to programmatic, The message also announced that managerial, and financial activities for Fis- pursuant to section 1238(b)(3) of the MEASURES PLACED ON THE CALENDAR cal Year 2000; to the Committee on Govern- Floyd D. Spence National Defense Au- mental Affairs. thorization Act for Fiscal Year 2001 Pursuant to 5 U.S.C. 802(a), the Com- EC–921. A communication from the Chair- (Public Law 106–398), the Minority mittee on Health, Education, Labor, man of the Council of the District of Colum- Leader appoints the following individ- and Pensions was discharged from the bia, transmitting, pursuant to law, a report uals to the China Security Commis- further consideration of the following on D.C. Act 13–603, ‘‘Title 25, D.C. Code En- actment and Related Amendments Act of sion: George Becker of Pittsburgh, joint resolution, which was placed on 2001’’; to the Committee on Governmental Pennsylvania; Kenneth Lewis of Port- the calendar on March 5, 2001: Affairs. land, Oregon; and Michael Wessel of S.J. Res. 6. A joint resolution providing for EC–922. A communication from the Chair- Falls Church, Virginia. congressional disapproved of the rule sub- man of the Board of Governors, Federal Re- The message further announced that mitted by the Department of Labor under serve System, transmitting, pursuant to law, pursuant to section 202(b)(3) of the charter 8 of title 5, United States Code, re- the Board’s report under the Government in lating to ergonomics. the Sunshine Act for calendar year 2000; to Goals 2000: Educate America Act (20 the Committee on Governmental Affairs. f U.S.C. 5822), the Minority Leader ap- EC–923. A communication from the Acting points the following Member of the EXECUTIVE AND OTHER Assistant Secretary of Legislative Affairs, House of Representatives to the Na- COMMUNICATIONS Department of State, transmitting, a report tional Education Goals Panel: Mr. concerning the termination of the identity of The following communications were GEORGE MILLER of California. Serbia as a violator of religious freedom; to laid before the Senate, together with the Committee on Foreign Relations. The message also announced that accompanying papers, reports, and doc- EC–924. A communication from the Acting pursuant to 10 U.S.C. 9355(a), the uments, which were referred as indi- Assistant Secretary of Legislative Affairs, Speaker appoint the following Mem- cated: transmitting, pursuant to the Arms Export bers of the House of Representatives to Control Act, the certification of a proposed EC–914. A communication from the Chair- license for the export of defense articles or the Board of Visitors to the United man and Chief Executive Officer of the Farm States Air Force Academy: Mr. YOUNG services under a contract in the amount of Credit Administration, transmitting, pursu- $50,000,000 or more to Russia; to the Com- of Florida and Mr. HEFLEY. ant to law, the report of a rule entitled ‘‘Dis- mittee on Foreign Relations. The message further announced that closure to Shareholders’’ (RIN3052–AB94) re- EC–925. A communication from the Acting pursuant to 14 U.S.C. 194(a), the Speak- ceived on March 6, 2001; to the Committee on Assistant Secretary of Legislative Affairs, er appoint the following Member of the Agriculture, Nutrition, and Forestry. Department of State, transmitting, pursuant House of Representatives to the Board EC–915. A communication from the Acting to law, a report on the international nar- Administrator of the Agricultural Marketing of Visitors to the United State Coast cotics control strategy for Fiscal Year 2001; Service, Research and Promotion Branch, to the Committee on Foreign Relations. Guard Academy: Mr. SIMMONS. Department of Agriculture, transmitting, EC–926. A communication from the Acting The message also announced that pursuant to law, the report of a rule entitled Assistant Secretary of Legislative Affairs, pursuant to 10 U.S.C. 6968(a), the ‘‘Watermelon Research and Promotion Plan’’ Department of State, transmitting, pursuant Speaker appoints the following Mem- (Docket No . FV–703–FR) received on March to law, the annual report related to the ad- bers of the House of Representatives to 6, 2001; to the Committee on Agriculture, Nu- herence to and compliance with arms control the Board of Visitors to the United trition, and Forestry. agreements for the year 1999; to the Com- EC–916. A communication from the Acting States Air Force Academy: Mr. SKEEN mittee on Foreign Relations. Administrator of the Agricultural Marketing EC–927. A communication from the Chair- and Mr. GILCHREST. Service, Fruit and Vegetable Programs, De- man of the Medicare Payment Advisory The message further announced that partment of Agriculture, transmitting, pur- Commission, transmitting, pursuant to law, pursuant to 10 U.S.C. 4335(a), the suant to law, the report of a rule entitled the annual report concerning medicare pay- Speaker appoints the following Mem- ‘‘Tomatoes Grown in Florida; Change in Size ment policy for the year 2001; to the Com- ber of the House of Representatives to Designation’’ (Docket No. FV00–966–1FIR) re- mittee on Finance. ceived on March 6, 2001; to the Committee on the Board of Visitors to the United EC–928. A communication from the Chief of Agriculture, Nutrition, and Forestry. the Regulations Unit, Internal Revenue State Academy: Mr. TAYLOR of the EC–917. A communication from the Acting Service, Department of the Treasury, trans- North Carolina and Mrs. KELLY. Administrator of the Agricultural Marketing mitting, pursuant to law, the report of a rule The message also announced that Service, Fruit and Vegetable Programs, De- entitled ‘‘January—March 2001 Bond Factor pursuant to 46 U.S.C. 1295(h), the partment of Agriculture, transmitting, pur- Amounts’’ (Rev. Rul. 2001–10) received on Speaker appoints the following Mem- suant to law, the report of a rule entitled March 5, 2001; to the Committee on Finance. ber of the House of Representatives to ‘‘Sweet Onions Grown in the Walla Walla EC–929. A communication from the Chief of Valley of Southeast Washington and North- the Board of Visitors to the United the Regulations Unit, Internal Revenue east Oregon; Revision of Administrative Service, Department of the Treasury, trans- State Merchant Marine Academy: Mr. Rules and Regulations’’ (Docket No. FV00– mitting, pursuant to law, the report of a rule KING. 956–1FIR) received on March 6, 2001; to the entitled ‘‘Appeals Settlement Guidelines: The message further announced that Committee on Agriculture, Nutrition, and IRC 807 Basis Adjustment—Change in Basis pursuant to 320(b)(2) of Public Law 106– Forestry. v. Correction of Error’’ (UIL807.05–01) re- 291, the Speaker appoints the following EC–918. A communication from the Acting ceived on March 6, 2001; to the Committee on members on the part of the House of Administrator of the Agricultural Marketing Finance. Service, Fruit and Vegetable Programs, De- EC–930. A communication from the Chief of Representatives to the Advisory Com- partment of Agriculture, transmitting, pur- the Regulations Unit, Internal Revenue mittee on Forest Counties Payment: suant to law, the report of a rule entitled Service, Department of the Treasury, trans- Mr. Robert E. Douglas of California ‘‘Olives Grown in California; Increased As- mitting, pursuant to law, the report of a rule and Mr. Mark Evans of Texas. sessment Rate’’ (Docket No. FV01–932–1IFR) entitled ‘‘Appeals Settlement Guidelines:

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.042 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1971

Qualified Retirement Plan Hybrid Arrange- mitting, pursuant to law, the report of a rule Ms. MIKULSKI, Mr. REED, Mr. SCHU- ment’’ (UIL125.05–00) received on March 6, entitled ‘‘Amendment of Section 73.202(b), MER, and Mr. CORZINE): 2001; to the Committee on Finance. Table of Allotments, FM Broadcast Stations S. 476. A bill to amend the Elementary and EC–931. A communication from the Admin- (Wells and Woodville, Texas)’’ (Docket No. Secondary Education Act of 1965 to provide istrator of the Environmental Protection 00–171) received on March 6, 2001; to the Com- for a National Teacher Corps and principal Agency, transmitting, pursuant to law, a re- mittee on Commerce, Science, and Transpor- recruitment, and for other purposes; to the port concerning the Drinking Water Infra- tation. Committee on Health, Education, Labor, and structure Needs Survey; to the Committee EC–940. A communication from the Special Pensions. on Environment and Public Works. Assistant to the Chief, Mass Media Bureau, By Mr. KERRY: EC–932. A communication from the Direc- Federal Communications Commission, trans- S. 477. A bill to amend the Internal Rev- tor of the Office of Congressional Affairs, Nu- mitting, pursuant to law, the report of a rule enue Code of 1986 to exclude national service clear Regulatory Commission, transmitting, entitled ‘‘Amendment of Section 73.622(b), educational awards from the recipient’s pursuant to law, the report of rule entitled Table of Allotments, DTV Broadcast Sta- gross income; to the Committee on Finance. ‘‘List of Approved Spent Fuel Storage Casks: tions (Rapid City, South Dakota)’’ (Docket By Mr. ROBERTS (for himself, Mr. VSC–24 Revision, Amendment 3’’ (RIN3150– No. 00–177) received on March 6, 2001; to the KENNEDY, and Mr. BINGAMAN): AG70) received on March 6, 2001; to the Com- Committee on Commerce, Science, and S. 478. A bill to establish and expand pro- mittee on Environment and Public Works. Transportation. grams relating to engineering, science, tech- EC–933. A communication from the Asso- EC–941. A communication from the Special nology and mathematics education, and for ciate Division Chief, Common Carrier Bu- Assistant to the Chief, Mass Media Bureau, other purposes; to the Committee on Health, reau, Federal Communications Commission, Federal Communications Commission, trans- Education, Labor, and Pensions. transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule By Mr. CLELAND: a rule entitled ‘‘Implementation of the Car- entitled ‘‘Amendment of Section 73.622(b), S. 479. A bill to establish a grant program rier Selection Changes Provisions of the Table of Allotments, DTV Broadcast Sta- administered by the Federal Election Com- Telecommunications Act of 1996, Policies tions (Sioux Falls, South Dakota)’’ (Docket mission for the purpose of assisting States to and Rules Concerning Unauthorized Changes No. 00–200) received on March 6, 2001; to the upgrade voting systems to use more ad- of Consumers Long Distance Carriers, Order’’ Committee on Commerce, Science, and vanced and accurate voting devices and to (Docket No. 94–129) received on March 6, 2001; Transportation. enhance participation by military personnel to the Committee on Commerce, Science, in national elections; to the Committee on and Transportation. f Rules and Administration. EC–934. A communication from the Asso- REPORTS OF COMMITTEES By Mr. DEWINE (for himself, Mr. ciate Division Chief of the Accounting Pol- HUTCHINSON, Mr. HATCH, Mr. icy Division, Common Carrier Bureau, Fed- The following reports of committees VOINOVICH, Mr. BROWNBACK, Mr. EN- eral Communications Commission, transmit- were submitted: SIGN, Mr. ENZI, Mr. HAGEL, Mr. ting, pursuant to law, the report of a rule en- From the Committee on Indian Affairs, HELMS, Mr. INHOFE, Mr. NICKLES, and titled ‘‘Implementation of the Carrier Selec- without amendment: Mr. SANTORUM): tion Changes Provisions of the Tele- S. Res. 46: An original resolution author- S. 480. A bill to amend titles 10 and 18, communications Act of 1996, Policies and izing expenditures by the Senate Committee United States Code, to protect unborn vic- Rules Concerning Unauthorized Changes of on Indian Affairs. tims of violence; to the Committee on the Consumers Long Distance Carriers, Third From the Select Committee on Intel- Judiciary. Report and Order and Second Order on Re- ligence, without amendment: By Mr. GRAHAM (for himself and Mr. consideration’’ (Docket No. 94–129) received S. Res. 47: An original resolution author- CORZINE): on March 6, 2001; to the Committee on Com- izing expenditures by the Select Committee S. 481. A bill to amend the Internal Rev- merce, Science, and Transportation. on Intelligence. enue Code of 1986 to provide for a 10-percent EC–935. A communication from the Special From the Committee on Energy and Nat- income tax rate bracket, and for other pur- Assistant to the Chief, Mass Media Bureau, ural Resources, without amendment: poses; to the Committee on Finance. Federal Communications Commission, trans- S. Res. 49: An original resolution author- By Mr. FRIST: mitting, pursuant to law, the report of a rule izing expenditures by the Committee on En- S. 482. A bill to amend the Appalachian Re- entitled ‘‘Amendment of Section 7.3202(b), ergy and Natural Resources. gional Development Act of 1965 to add Hick- Table of Allotments, FM Broadcast Stations man, Lawrence, Lewis, Perry, and Wayne (Aspen, Colorado)’’ (Docket No. 00–215) re- f Counties, Tennessee, to the Appalachian re- ceived on March 6, 2001; to the Committee on INTRODUCTION OF BILLS AND gion; to the Committee on Environment and Commerce, Science, and Transportation. Public Works. EC–936. A communication from the Special JOINT RESOLUTIONS By Mr. WYDEN: Assistant to the Chief, Mass Media Bureau, The following bills and joint resolu- S. 483. A bill to amend title 49, United Federal Communications Commission, trans- tions were introduced, read the first States Code, to improve the disclosure of in- mitting, pursuant to law, the report of a rule and second times by unanimous con- formation to airline passengers and the en- forceability of airline passengers and the en- entitled ‘‘Amendment of Section 73.202(b), sent, and referred as indicated: Table of Allotments, FM Broadcast Stations forceability of airline passengers’ rights (Herver, Snowflake, Overgaard, Taylor, Ari- By Mr. DOMENICI (for himself, Mrs. under airline customer service agreements, zona)’’ (Docket No. 00–189, 00–190, 00–91, 00– LINCOLN, Mr. MURKOWSKI, Ms. and for other purposes; to the Committee on 192) received on March 6, 2001; to the Com- LANDRIEU, Mr. CRAIG, Mr. KYL, Mr. Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- CRAPO, Mr. GRAHAM, Mr. THOMPSON, By Ms. SNOWE (for herself, Mr. ROCKE- tation. Mr. VOINOVICH, Mr. HAGEL, and Mr. FELLER, Mr. DEWINE, Mr. DODD, Ms. EC–937. A communication from the Special INHOFE): COLLINS, Mrs. LINCOLN, and Mr. Assistant to the Chief, Mass Media Bureau, S. 472. A bill to ensure that nuclear energy BREAUX): Federal Communications Commission, trans- continues to contribute to the supply of elec- S. 484. A bill to amend part B of title IV of mitting, pursuant to law, the report of a rule tricity in the United States; to the Com- the Social Security Act to create a grant entitled ‘‘Amendment of Section 73.202(b), mittee on Energy and Natural Resources. program to promote joint activities among Table of Allotment, FM Broadcast Stations. By Mr. CRAPO: Federal, State, and local public child welfare (Burke, South Dakota; Marietta, Mississippi; S. 473. A bill to amend the Elementary and and alcohol and drug abuse prevention and Lake City, Colorado, Glenville, West Vir- Secondary Education Act of 1965 to improve treatment agencies; to the Committee on Fi- ginia; Pigeon Forge, Tennessee; and training for teachers in the use of tech- nance. Licolnton, Georgia)’’ (Docket No. 00–16, 00– nology; to the Committee on Health, Edu- By Mr. HOLLINGS (for himself and Mr. 146, 00–147; 00–212, 00–213, 00–214) received on cation, Labor, and Pensions. MCCAIN): March 6, 2001; to the Committee on Com- By Mr. CRAPO: S. 485. A bill to amend Federal law regard- merce, Science, and Transportation. S. 474. A bill to amend the Elementary and ing the tolling of the Interstate Highway EC–938. A communication from the Special Secondary Education Act of 1965 to improve System; to the Committee on Environment Assistant to the Chief, Mass Media Bureau, provisions relating to initial teaching expe- and Public Works. Federal Communications Commission, trans- riences and alternative routes to certifi- By Mr. LEAHY (for himself, Mr. SMITH mitting, pursuant to law, the report of a rule cation; to the Committee on Health, Edu- of Oregon, Ms. COLLINS, Mr. LEVIN, entitled Amendment of Section 73.202(b), cation, Labor, and Pensions. Mr. FEINGOLD, Mr. JEFFORDS , Mr. Table of Allotments, FM Broadcast Stations By Mr. CRAPO: KENNEDY, Mr. CHAFEE, Mr. AKAKA, (Window Rock, Arizona)’’ (Docket No. 00–237) S. 475. A bill to provide for rural education Ms. MIKULSKI, Mr. DODD, Mr. received on March 6, 2001; to the Committee assistance, and for other purposes; to the LIEBERMAN, Mr. TORRICELLI, Mr. on Commerce, Science, and Transportation. Committee on Health, Education, Labor, and WELLSTONE, Mrs. BOXER, and Mr. EC–939. A communication from the Special Pensions. CORZINE): Assistant to the Chief, Mass Media Bureau, By Mrs. CLINTON (for herself, Mr. S. 486. A bill to reduce the risk that inno- Federal Communications Commission, trans- KENNEDY, Mrs. MURRAY, Mr. LEAHY, cent persons may be executed, and for other

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.037 pfrm08 PsN: S07PT1 S1972 CONGRESSIONAL RECORD — SENATE March 7, 2001 purposes; to the Committee on the Judici- CLINTON) was added as a cosponsor of S. S. 323 ary. 29, a bill to amend the Internal Rev- At the request of Mr. SCHUMER, the By Mr. HATCH (for himself and Mr. enue Code of 1986 to allow a deduction name of the Senator from New York LEAHY): for 100 percent of the health insurance (Mrs. CLINTON) was added as a cospon- S. 487. A bill to amend chapter 1 of title 17, sor of S. 323, a bill to amend the Ele- United States Code, relating to the exemp- costs of self-employed individuals. tion of certain performances or displays for S. 41 mentary and Secondary Education Act educational uses from copyright infringe- At the request of Mr. HATCH, the of 1965 to establish scholarships for in- ment provisions, to provide that the making name of the Senator from North Caro- viting new scholars to participate in of a single copy of such performances or dis- lina (Mr. EDWARDS) was added as a co- renewing education, and mentor teach- plays is not an infringement, and for other sponsor of S. 41, a bill to amend the In- er programs. purposes; to the Committee on the Judici- S. 345 ary. ternal Revenue Code of 1986 to perma- nently extend the research credit and At the request of Mr. ALLARD, the f to increase the rates of the alternative name of the Senator from Illinois (Mr. DURBIN) was added as a cosponsor of S. SUBMISSION OF CONCURRENT AND incremental credit. 345, a bill to amend the Animal Welfare SENATE RESOLUTIONS S. 70 Act to strike the limitation that per- At the request of Mr. INOUYE, the The following concurrent resolutions mits interstate movement of live birds, and Senate resolutions were read, and name of the Senator from Michigan for the purpose of fighting, to States in referred (or acted upon), as indicated: (Ms. STABENOW) was added as a cospon- which animal fighting is lawful. sor of S. 70, a bill to amend the Public By Mr. BOND (for himself and Mr. S. 381 Health Service Act to provide for the LEAHY): At the request of Mr. ALLARD, the establishment of a National Center for S. Res. 45. A resolution honoring the men names of the Senator from Virginia and women who serve this country in the Na- Social Work Research. (Mr. WARNER) and the Senator from tional Guard and expressing condolences of S. 198 Virginia (Mr. ALLEN) were added as co- the United States Senate to family and At the request of Mr. CRAIG, the sponsors of S. 381, a bill to amend the friends of the 21 National Guardsmen who name of the Senator from Oregon (Mr. perished in the crash on March 3, 2001; to the Uniformed and Overseas Citizens Ab- Committee on Armed Services. WYDEN) was added as a cosponsor of S. sentee Voting Act, the Soldiers’ and By Mr. CAMPBELL: 198, a bill to require the Secretary of Sailors’ Civil Relief Act of 1940, and S. Res. 46. An original resolution author- the Interior to establish a program to title 10, United States Code, to maxi- izing expenditures by the Senate Committee provide assistance through States to mize the access of uniformed services on Indian Affairs; from the Committee on In- eligible weed management entities to voters and recently separated uni- dian Affairs; to the Committee on Rules and control or eradicate harmful, non- formed services voters to the polls, to Administration. native weeds on public and private ensure that each vote cast by such a By Mr. SHELBY: land. S. Res. 47. An original resolution author- voter is duly counted, and for other izing expenditures by the Select Committee S. 205 purposes. on Intelligence; from the Select Committee At the request of Mrs. HUTCHISON, the S. 388 on Intelligence; to the Committee on Rules name of the Senator from Illinois (Mr. At the request of Mr. MURKOWSKI, the and Administration. FITZGERALD) was added as a cosponsor names of the Senator from Kansas (Mr. By Mr. DAYTON (for himself and Mr. of S. 205, a bill to amend the Internal BROWNBACK) and the Senator from WELLSTONE): Revenue Code of 1986 to waive the in- Utah (Mr. BENNETT) were added as co- S. Res. 48. A resolution honoring the life of sponsors of S. 388, a bill to protect the former Governor of Minnesota Harold E. come inclusion on a distribution from Stassen, and expressing deepest condolences an individual retirement account to energy and security of the United of the Senate to his family on his death; con- the extent that the distribution is con- States and decrease America’s depend- sidered and agreed to. tributed for charitable purposes. ency on foreign oil sources to 50% by By Mr. MURKOWSKI: S. 234 the year 2011 by enhancing the use of S. Res. 49. An original resolution author- At the request of Mr. GRASSLEY, the renewable energy resources conserving izing expenditures by the Committee on En- name of the Senator from New Mexico energy resources, improving energy ef- ergy and Natural Resources; from the Com- ficiencies, and increasing domestic en- mittee on Energy and Natural Resources; to (Mr. BINGAMAN) was added as a cospon- sor of S. 234, a bill to amend the Inter- ergy supplies; improve environmental the Committee on Rules and Administration. quality by reducing emissions of air By Ms. SNOWE (for herself, Mr. BAYH, nal Revenue Code of 1986 to repeal the pollutants and greenhouse gases; miti- Mr. CHAFEE, Ms. LANDRIEU, Ms. COL- excise tax on telephone and other com- LINS, Mrs. FEINSTEIN, Mr. JEFFORDS, munications services. gate the effect of increases in energy Mr. TORRICELLI, Mr. SPECTER, Mr. prices on the American consumer, in- S. 297 CARPER, and Ms. STABENOW): cluding the poor and the elderly; and S. Con. Res. 21. A concurrent resolution to At the request of Mr. SCHUMER, the for other purposes. name of the Senator from New York express the sense of Congress regarding the S. 389 (Mrs. CLINTON) was added as a cospon- use of a legislative ‘‘trigger’’ or ‘‘safety’’ At the request of Mr. MURKOWSKI, the mechanism to link long-term Federal budget sor of S. 297, a bill to put teachers first names of the Senator from Kansas (Mr. surplus reductions with actual budgetary by providing grants for master teacher BROWNBACK) and the Senator from outcomes; to the Committee on Govern- programs. mental Affairs and the Committee on the Utah (Mr. BENNETT) were added as co- S. 300 Budget, jointly, pursuant to the order of Au- sponsors of S. 389, a bill to protect the gust 4, 1977, with instructions that if one At the request of Mr. SCHUMER, the energy and security of the United Committee reports, the other Committee name of the Senator from New York States and decrease America’s depend- have thirty days to report or be discharged. (Mrs. CLINTON) was added as a cospon- ency on foreign oil sources to 50% by By Mr. WARNER (for himself, Mr. sor of S. 300, a bill to amend the Higher the year 2011 by enhancing the use of ALLEN, Mr. GRAHAM, and Mr. NELSON Education Act of 1965 to provide for an renewable energy resources conserving of Florida): increase in the amount of student energy resources, improving energy ef- S. Con. Res. 22. A concurrent resolution loans that are eligible for forgiveness honoring the 21 members of the National ficiencies, and increasing domestic en- Guard who were killed in the crash of a Na- in exchange for the service of the indi- ergy supplies; improve environmental tional Guard aircraft on March 3, 2001, in vidual as a teacher. quality by reducing emissions of air south-central Georgia; to the Committee on S. 312 pollutants and greenhouse gases; miti- Armed Services. At the request of Mr. GRASSLEY, the gate the effect of increases in energy f name of the Senator from Idaho (Mr. prices on the American consumer, in- CRAPO) was added as a cosponsor of S. cluding the poor and the elderly; and ADDITIONAL COSPONSORS 312, a bill to amend the Internal Rev- for other purposes. S. 29 enue Code of 1986 to provide tax relief S. 393 At the request of Mr. BOND, the name for farmers and fishermen, and for At the request of Mr. FRIST, the of the Senator from New York (Mrs. other purposes. name of the Senator from Mississippi

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.039 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1973 (Mr. COCHRAN) was added as a cospon- clean, reliable, reasonably priced, en- The NRC has now approved re-licensing sor of S. 393, a bill to amend the Inter- ergy sources. That’s why the National for 5 reactors, and over 30 other reac- nal Revenue Code of 1986 to encourage Energy Strategy Act carefully rein- tors have begun the renewal process. charitable contributions to public forced the importance of many energy Industry experts now expect virtually charities for use in medical research. options. Energy is far too important to all operating plants to apply for license S. 435 our economic and military strength to extension. At the request of Mrs. BOXER, the rely on any small subset of the avail- Nuclear energy is essentially emis- name of the Senator from Wisconsin able options. sion free. We avoided the emission of (Mr. FEINGOLD) was added as a cospon- Both nuclear energy and coal are now 167 million tons of carbon last year or sor of S. 435, a bill to provide that the major producers of our electricity. In more than 2 billion tons since the annual drug certification procedures fact, between them they provide over 1970’s. In 1999, nuclear power plants under the Foreign Assistance Act of 70 percent. In both cases, their contin- provided about half of the total carbon 1961 not apply to certain countries with ued use presents significant risks They reductions achieved by U.S. industry which the United States has bilateral illustrate a fundamental point, that under the federal voluntary reporting agreements and other plans relating to absolutely every source of energy pre- program. The inescapable fact is that counterdrug activities, and for other sents both benefits and risks. It’s our nuclear energy is making an immense purposes. responsibility to ensure that citizens contribution to the environmental are presented with accurate informa- health of our nation. S. 465 tion on benefits and risks, information But unfortunately, when it comes to At the request of Mr. ALLARD, the that is free from any political biases. nuclear energy, we’re living on our name of the Senator from Alaska (Mr. And where risk areas are noted, it’s our past global leadership. Most of the MURKOWSKI) was added as a cosponsor responsibility to devise programs that technologies that drive the world’s nu- of S. 465, a bill to amend the Internal mitigate or avoid the risks. Senator clear energy systems originated here. Revenue Code of 1986 to allow a credit BYRD’s bill does this for coal tech- Much of our early leadership derived for residential solar energy property. nology, my bill does this for nuclear from our requirements for a nuclear S. RES. 25 energy. navy; that work enabled many of the At the request of Mr. CRAIG, the Nuclear energy now provides about 22 civilian aspects of nuclear power. names of the Senator from Pennsyl- percent of our electricity from 103 nu- Our reactor designs are found around vania (Mr. SPECTER), the Senator from clear reactors. The operating costs of the world. The reprocessing technology Virginia (Mr. ALLEN), the Senator from nuclear energy are among the lowest of used in some countries originated here. Illinois (Mr. FITZGERALD), the Senator any source. The Utility Data Institute The fuel designs in use around the from Texas (Mr. GRAMM), the Senator recently reported production costs for world largely were developed here. This from North Carolina (Mr. EDWARDS), nuclear at 1.83 cents per kw-hr, with nation provided the global leadership the Senator from Massachusetts (Mr. coal at 2.08 cents per kw-hr. to start the age of nuclear energy. KENNEDY), and the Senator from Utah Through careful optimization of op- Now, our leadership is seriously at (Mr. BENNETT) were added as cospon- erating efficiencies, the output of nu- risk. No nuclear plant has been ordered sors of S. Res. 25, a resolution desig- clear plants has risen dramatically in the United States in over 20 years. nating the week beginning March 18, since the 1980’s; nuclear plants oper- To some extent, this was driven by de- 2001 as ‘‘National Safe Place Week.’’ ated with an amazing 87 percent capac- creases in energy demand following the f ity factor in 2000. Since 1990, with no early oil price shocks and from public new nuclear plants, the output of our fears about Three Mile Island and STATEMENTS ON INTRODUCED plants has still increased by over 20 Chernobyl. But we also have allowed BILLS AND JOINT RESOLUTIONS percent. That’s equivalent to gaining complex environmental reviews and By Mr. DOMENICI (for himself, the output of about 20 new nuclear regulatory stalemates to extend ap- Mrs. LINCOLN, Mr. MURKOWSKI, plants without building any. proval and construction times and to Ms. LANDRIEU, Mr. CRAIG, Mr. Safety has been a vital focus, as evi- seriously undercut prospects for any KYL, Mr. CRAPO, Mr. GRAHAM, denced by a constant decrease in the additional plants. Mr. THOMPSON, Mr. VOINOVICH, number of emergency shutdowns, or As a nation, we cannot afford to lose Mr. HAGEL, and Mr. INHOFE): ‘‘scrams,’’ in our domestic plants. In the nuclear energy option until we are S. 472. A bill to ensure that nuclear 1985, there were 2.4 scrams per reactor, ready to specify with confidence how energy continues to contribute to the last year there were just 0.03. While we are going to replace 22 percent of supply of electricity in the United some use the Three Mile Island acci- our electricity with some other source States; to the Committee on Energy dent to highlight their concerns the offering comparable safety, reliability, and Natural Resources. fact remains that our safety systems low cost, and environmental at- Mr. DOMENICI. Mr. President, I worked at Three Mile Island and no tributes. We risk our nation’s future joined with Senator MURKOWSKI last members of the public were harmed. prosperity if we lose the nuclear option week when he introduced the National Another example of the exemplary through inaction. Instead, we need con- Energy Strategy Act. His Bill address- safety of nuclear reactors, when prop- crete action to secure the nuclear op- es the broad range of issues that must erly designed and managed, lies with tion for future generations. We must underpin a credible approach to our na- our nuclear navy. They now operate not subject the nation to the risk of in- tion’s energy needs. It had key provi- about 90 nuclear powered ships, and adequate energy supplies. sions for each major source of energy, over the years, they’ve operated about My bill is squarely aimed at avoiding including nuclear energy. 250 reactors in all. In that time, this risk. I appreciate that my co-spon- I rise today to introduce the Nuclear they’ve accumulated 5,400 reactor- sors: Senators Lincoln, Murkowski, Energy Electricity Assurance Act of years of operation, over twice the num- Landrieu, Craig, Graham, Kyl, Crapo, 2001, which expands and builds on the ber of reactor-years in our civilian sec- Thompson, Voinovich and Hagel share National Energy Strategy in the spe- tor. In all that time, they have never these concerns and support this bill to cific area of nuclear energy. It provides had a significant incident with their address them. a comprehensive framework for insur- reactors. They are welcomed into over There are five broad aspects of this ing that nuclear energy remains a 150 major foreign ports in over 50 coun- bill. First, it initiates programs to en- strong option to meet our future needs. tries. sure that the operations of our current It accomplishes for nuclear energy Interest in our nuclear plants is in- nuclear plants remain adequately sup- what Senator BYRD’s National Elec- creasing along with dramatically in- ported. It authorizes expanded research tricity and Environmental Technology creased confidence in their ability to and educational programs to ensure Act does for clean coal technologies, contribute to our energy needs. Inter- that we have a qualified workforce sup- which I also support. est in re-licensing plants, to extend porting nuclear issues. It sets up incen- There is no single ‘‘silver bullet’’ their lifetime beyond the originally tives for companies to increase the effi- that will address our nation’s thirst for planned 40 years, has greatly expanded. ciency of existing plants. And it

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.041 pfrm08 PsN: S07PT1 S1974 CONGRESSIONAL RECORD — SENATE March 7, 2001 assures that the industries supporting already and how much more compact This bill I am introducing is on my our domestic nuclear fuel supplies re- they could be. For example, all the behalf and also for Senators LINCOLN, main viable. spent fuel rods from the last 40 years of GRAHAM, THOMPSON, VOINOVICH, HAGEL, Second, it encourages construction of our nation’s nuclear energy production MURKOWSKI, LANDRIEU, CRAIG, KYL, and new plants, especially Generation IV would only fill one football field to a CRAPO, I believe I will have another 10 plants. Technology to build these depth of around 4 yards. to 12 cosponsors soon, all of whom see plants is close at hand. This bill not If we had encouraged reprocessing of the importance of the United States of only supports research and develop- spent fuel in this country, we would America making sure we are taking ment on these plants, it also supports have dramatically less high level care of all energy, looking out for and development of the regulatory frame- waste. In France, they reprocess spent moving in the direction of every energy work within the NRC that must be in fuel, both to reuse some of the residual source we have that is safe and at the place before they can be licensed. energy and to extract some of the more right level of risk, and that we proceed Generation IV plants would inert components. Through their ef- to develop those for America’s future. One of those that can’t be left out, in be cost competitive with natural gas, have forts, a container, smaller than two significantly improved safety features with rolls of film, represents the final high my opinion, is the entire field of nu- the goal of passive safety systems that would level waste for a French family of four clear energy and what is needed to be immune to human errors, have reduced for twenty years. bring America back to a leading role in generation of spent fuel and nuclear waste, And finally, the fifth and last part of the world in terms of nuclear power and have improved resistance to any possible this bill provides streamlining for a and future generations of nuclear pow- proliferation. number of Nuclear Regulatory Com- erplants. In the U.S., Exelon Corporation has mission procedures and outdated statu- As a precursor to a few remarks, I invested in design of a plant in South tory restrictions. want to indicate to the Senate, and Africa that has many of these at- For example, in a global energy mar- those interested, that every American tributes. ket it makes sense to allow foreign ought to be concerned about the fact Third, this bill has provisions to se- ownership of power and research reac- that America doesn’t have enough en- cure a level playing field for evaluation tors located in the United States. At ergy being produced to keep ourselves of nuclear energy relative to other en- the same time, this amendment to the going at our current rate, much less at ergy sources. It seeks to avoid any sci- 1954 Atomic Energy Act retains U.S. the natural growth rate that everybody entifically inaccurate stigmas that security precautions in the original expects. have been placed on nuclear energy. law. My first little exhibit here is a very Fourth, this bill seeks to create im- Another amendment eliminates interesting evaluation and analysis of proved solutions for managing nuclear time-consuming and unnecessary anti- America’s current sources of elec- waste. Our current national policy sim- trust review requirements. This section tricity at the end of 1999. (We don’t ply requires that we find a permanent of the bill would also simplify the hear- have a more current one, but it hasn’t repository for spent fuel. But spent fuel ing requirements in a proceeding in- changed much.) Everybody should has immense residual energy. Our volving an amendment to an existing know that in the United States coal- present plan simply assumes that fu- operating license or the transfer of an burning powerplants produce 51.4 per- ture generations will be so energy-rich existing license. Further, another pro- cent of our electricity. Somehow or an- that they would have no interest in vision gives the NRC the authority to other, even though coal provides 51 per- cent, we aren’t building very many this major energy source. establish requirements to ensure that coal powerplants because we have not I’m not at all sure that view serves non-licensees fully comply with their moved fast enough with new tech- our nation and those future genera- obligations to fund nuclear plant de- nology, and there are many who don’t tions very well. I’ve favored study of commissioning. These and other changes to the 1954 want to build any more coal-burning alternative strategies for spent fuel. As Act will assist the NRC in its pursuit of plants, even if we can get their pollu- a minimum we should be doing re- more effective and responsive regula- tion down to a safe and nonrisky rate. search now to enable future genera- tion of our domestic nuclear plants. Then if we look at the next big tions to decide if spent fuel should still These changes to the Atomic Energy source of electricity, it is nuclear en- be treated as waste, or if it should be Act have the support of the leadership ergy, 19.8 percent. Might I say that treated as a precious energy resource. of the NRC Chairman. while this power crisis has come about, Advanced technologies for recycling Mr. President, this bill enables nu- the nuclear powerplants in the United spent fuel and regaining some of its en- clear energy to continue to be treated States have been producing at a higher ergy value would also allow us to con- as a viable option for our nation’s elec- rate. They have produced far more sider approaches to render the final tricity needs. It would help ensure that electricity without adding any new waste form far less toxic then spent future generations continue to enjoy plants because the regulatory schemes fuel. These approaches require trans- clean, safe, reliable electricity and the have become reasonable instead of un- mutation of the long-lived radioactive many benefits that this energy source reasonable and generating capacity has species into either short-lived or stable will provide. risen. Capacity used to be 70 percent; it species. This bill includes funding for a Mr. President, I am privileged to is now up to 90. Incidentally, if we had research project, based on modern ac- take a little bit of the Senate’s time to time, we would show you that even celerators, to study the economics and talk about something I think is very during that period of time, the safety engineering aspects of transmutation. important. I have been working on this record has become better rather than There is substantial interest in other for a long time, but it just wasn’t op- worse. We have a very interesting countries in joining us in collaborative portune to bring it up and give serious chart that would show that. study of this option. consideration to this issue. With the Let’s move on. Natural gas, which we This accelerator project, almost as energy crisis in the United States, peo- are now rapidly building, everywhere I an added bonus, can also provide a ple are going to be able to understand turn and look, people are building a backup source of the tritium required that we truly have a shortage in the new powerplant with natural gas. A lit- to maintain our nuclear stockpile. The capacity to produce electricity, which tle bit of electricity comes from oil, 3.1 bill provides for this application. The takes care of our homes, feeds our in- percent. And then hydroelectricity is accelerator program, called Advanced dustry, and provides a substantial por- 8.3 percent. Others sources are in yel- Accelerator Applications or AAA, tion of America’s economic prosperity low on the chart—and I am telling it would also produce radioisotopes for and growth. like it is. That yellow represents 2.3 medical purposes and would provide a So today I am going to talk about a percent, solar, wind, biomass, geo- great test bed for study of many nu- bill I am introducing, with bipartisan thermal, and others. Of that yellow, I clear engineering questions. support, which essentially tries to believe solar and wind are about a half Before leaving the part of the bill bring back to a level playing field for a percent of the 2.3 percent. So there dealing with spent fuel, let me empha- consideration nuclear energy and new are those who say we can solve our en- size how very compact these wastes are nuclear powerplants. ergy problem with those items that are

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.004 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1975 in yellow here. I say, good luck. Let’s which some people would like. This American companies moving to the proceed as rapidly as we can. But I will add an enormous amount of energy next generation. have a hunch that to increase those over the next 20 to 30 years. I have a There is a next generation. It is not latter sources to a larger ratio within chart showing that, but I will not use cooled necessarily by water. There are our energy sources, we will have a long your time on that. other ways to cool it. Incidentally, it way to go. We also have nuclear energy edu- will have passive safety features so it We would have to produce these wind cation support. America used to be not cannot melt down. That is the one fields with windmills on them beyond only the leading producer of nuclear issue everybody puts up when they say anything Americans expect. They ex- power, but we were the leader in all of do not touch nuclear power because pect this should not be the case if we the science and technology. We moved they want to scare us to death—it have another way. from the atom bomb to peaceful uses. might have a meltdown. But this new Understand that hydroelectricity is a The great scientists converted it and powerplant cannot do that, as a matter small amount, but it is pretty impor- made nuclear powerplants. These of fundamental design parameters. tant. Even in the last administration, plants are getting more and more mod- In this bill, we are going to create they were talking about knocking ern in the world, yet America is letting waste solutions. We are looking at an down some dams so we would have less our technology and our science sit advanced accelerator, called AAA. We of this. Actually, that is pretty risky still. We want to move that ahead in are also looking at advanced fuel recy- for America’s future. our universities where more people who cling. Ultimately we may have a whole For those who are wondering where want to choose engineering and science new way to change the quality of high- we are in terms of cost, I want to show are given an opportunity to get into level waste through a process called them something. This is the electricity the nuclear field because it is impor- transmutation. The end product will production costs. My good friend occu- tant to America’s future. mostly no longer be high-level waste; pying the Chair is from Oklahoma. He We encourage new plant construc- they will be able to dispose of the prod- produces gas and oil in his State. The tion. That will not come overnight, but ucts from transmutation in a very easy best we could do is get information for it is interesting that while the United way. the end of 1999. The distinguished Sen- States debates an issue of what we do I was talking about waste. I was ator and those in attendance know with the waste that comes out of the going to show the Senate a container that the natural gas price has gone up nuclear powerplants—and I am sure the we received as a demonstration. This substantially since 1999. I could not occupant of the chair and most Sen- holds the waste from a family of four bring more recent cost data because we ators if they study it carefully will in France for 20 years—a family of do not have anything more current. clearly come down on the side that this four, year round for 20 years. That is Since the only thing we want to use is not a difficult problem—people who the total waste they generate because is natural gas, we have put an enor- do not want nuclear power at all make they have 80 percent nuclear power. mous demand on natural gas while it a problem. But technically, scientif- But here we are making nuclear waste those who supply it are struggling to ically, and safetywise, it is not a prob- the most enormous problem in the keep pace. So the price of natural gas lem. It is now a problem because the world, and letting it stop our pursuit of has gone up in a rather extraordinary State of Nevada does not want it, so the cleanest, most environmentally manner. I think everybody in this Sen- they are using every political means. friendly source of energy around. If we ate would agree with that. That is be- That is their prerogative. But some- are looking at balancing environ- cause the market is taking hold of a how, somewhere, America will be mov- mental needs with energy, nothing very small portion that is free to be ing in the direction of getting that beats nuclear. traded and those who own it are say- problem solved. We are working on a We also encourage new plant con- ing: What will you pay for it? long-term solution. struction in this bill. That means eval- That is going up, but even in 1999, Incidentally, in this bill we suggest uation of options to complete some un- here is what it cost Americans. The and create waste solutions. We create finished powerplants and Generation green line is nuclear power. We see an Office for Spent Nuclear Fuel in the Four Reactors. These are the next gen- that it is the lowest. In 1999, it is begin- Department. If you have a Department eration. We are funding them to try to ning to get even lower than coal-burn- of Energy for the greatest nation on catch up. ing powerplants. This next line is oil. Earth, you surely ought to have within We are also going to assure a level One can see it is below natural gas. it, on its domestic side of achievements playing field for nuclear power. By that These are the numbers: Nuclear, 1.83; and activities, an office for research on I mean it has not been entitled to some coal, 2.07; oil, 3.18; and gas, 3.52 cents spent nuclear fuel. Which great coun- of the luxuries of credits in terms of per kilowatt-hour. try would not have that except us? But clean air and the like that other forms Of course, just because energy is we went through 15 years when we of energy have. That is going to more expensive, it does not mean we threw almost everything nuclear out of change. should not use it, but I believe the the Department of Energy, as if it were Last, we are going to improve the American people over the next 10 to 25 not an energy source, as if it would go NRC regulations. years ought to have a mix so there is a away. I close by saying the United States market balance and there is some com- The spirit and energy of coming back has 103 nuclear powerplants producing petition for these various sources of en- and doing something significant is 20 percent of our energy. ergy. I believe that is why so many prompted because the world in the fu- Let me state how safe nuclear power Senators have joined in this bill. ture wants to be free and wants to have is. First, we have about 90 ships at sea I want to quickly tell you what it production of wealth. People want to that have as part of their structure one does. It supports nuclear energy, and it be part of a world in which the poor or two nuclear powerplants. I want to does that in many ways. The Nuclear countries should get richer over the make sure those who are interested Energy Research Initiative, called next 10, 20, 30 years, not poorer, and know about these ships sailing the seas NERI, which is being funded—we are America wants to be part of that. We with nuclear powerplants. I am talking going to authorize it to make sure it all have to worry about energy sup- about nuclear powerplants that are continues. plies. just like the nuclear powerplants that Nuclear energy plant optimization is In South Africa, they are moving exist in America on this chart. They a few million dollars. This helps cer- ahead with the next generation of a nu- might be smaller, but they are the tification of these plants for an ex- clear powerplant that is going to be same and produce the same kind of tended licensure period. completely different from the power- power. Incidentally, that is happening. We plants we have today. We are sending a In 1954, we put the first one in the are relicensing them. Those who are few people there to help with licensure ocean. Today, we have them sailing ev- doing that are sure they are safe. I and regulation, but America should be erywhere with that reactor and nuclear wish I had time. I would show you reli- leading the way. We should be there fuel on board. Yet they are permitted censing versus closing them down, with the scientists, engineers, and to dock all around the world except

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.027 pfrm08 PsN: S07PT1 S1976 CONGRESSIONAL RECORD — SENATE March 7, 2001 New Zealand. Does anybody believe Sec. 204. Nuclear energy technology study efficient operation of currently existing nu- they could dock all over the world if for Generation IV Reactors. clear plants and the construction of new nu- they were unsafe? There would be an Sec. 205. Research supporting regulatory clear plants; outcry to put them 80 miles out, but processes for new reactor tech- (7) a qualified workforce is a prerequisite nologies and designs. to continued safe operation of— they are right in the docks. They are (A) nuclear plants; welcome because they are absolutely TITLE III—EVALUATIONS OF NUCLEAR ENERGY (B) the nuclear navy; safe. There has never been a nuclear (C) programs dealing with high-level or accident since 1954 in the entire nu- Sec. 301. Environmentally preferable pur- low-level waste from civilian or defense fa- chasing. clear Navy history. cilities; and Sec. 302. Emission-free control measures (D) research and medical uses of nuclear In the end, one of the issues will be under a State implementation what risks we take. Overall, we take technologies; plan. (8) uncertainty surrounding the costs asso- fewer risks by using nuclear power Sec. 303. Prohibition of discrimination ciated with regulatory approval for siting, than by almost any other source be- against emission-free elec- constructing, and operating nuclear plants cause we produce dramatic environ- tricity projects in international confuses the economics for new plant invest- mental consequences on the plus side development programs. ments; with nuclear power. TITLE IV—DEVELOPMENT OF NATIONAL (9) to ensure the long-term reliability of Mr. President, I ask unanimous con- SPENT NUCLEAR FUEL STRATEGY supplies of nuclear fuel, the United States sent that the text of the bill be printed Sec. 401. Findings. must ensure that the domestic uranium min- Sec. 402. Office of spent nuclear fuel re- ing, conversion, and enrichment service in- in the RECORD. dustries remain viable; There being no objection, the bill was search. Sec. 403. Advanced fuel recycling technology (10)(A) technology developed in the United ordered to be printed in the RECORD, as development program. States and worldwide, broadly labeled as the follows: Generation IV Reactor, is demonstrating TITLE V—NATIONAL ACCELERATOR SITE S. 472 that new designs of nuclear reactors are fea- Sec. 501. Findings. Be it enacted by the Senate and House of Rep- sible; Sec. 502. Definitions. (B) plants using the new designs would resentatives of the United States of America in Sec. 503. Advanced Accelerator Applications Congress assembled, have improved safety, minimized prolifera- Program. tion risks, reduced spent fuel, and much SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE VI—NUCLEAR REGULATORY lower costs; and (a) SHORT TITLE.—This Act may be cited as COMMISSION REFORM (C)(i) the nuclear facility infrastructure the ‘‘Nuclear Energy Electricity Supply As- needed to conduct nuclear energy research surance Act of 2001’’. Sec. 601. Definitions. and development in the United States has (b) TABLE OF CONTENTS.—The table of con- Sec. 602. Office location. been allowed to erode over the past decade; tents of this Act is as follows: Sec. 603. License period. Sec. 604. Elimination of foreign ownership and Sec. 1. Short title; table of contents. restrictions. (ii) that infrastructure must be restored to Sec. 2. Findings. Sec. 605. Elimination of duplicative anti- support development of Generation IV nu- Sec. 3. Definitions. trust review. clear energy systems; TITLE I—SUPPORT FOR CONTINUED USE Sec. 606. Gift acceptance authority. (11)(A) to ensure the long-term viability of OF NUCLEAR ENERGY Sec. 607. Authority over former licensees for nuclear power, the public must be confident Subtitle A—Price-Anderson Amendments decommissioning funding. that final waste forms resulting from spent Sec. 101. Short title. Sec. 608. Carrying of firearms by licensee fuel are controlled so as to have negligible Sec. 102. Indemnification authority. employees. impact on the environment; and Sec. 103. Maximum assessment. Sec. 609. Cost recovery from Government (B) continued research on repositories, and Sec. 104. Department of Energy liability agencies. on approaches to mitigate the toxicity of limit. Sec. 610. Hearing procedures. materials entering any future repository, Sec. 105. Incidents outside the United Sec. 611. Unauthorized introduction of dan- would serve that public interest; and States. gerous weapons. (12)(A) the Nuclear Regulatory Commission Sec. 106. Reports. Sec. 612. Sabotage of nuclear facilities or must continue its stewardship of the safety Sec. 107. Inflation adjustment. fuel. of our nuclear industry; Sec. 108. Civil penalties. Sec. 613. Nuclear decommissioning obliga- (B) at the same time, the Commission Sec. 109. Applicability. tions of nonlicensees. must streamline processes wherever possible Subtitle B—Leadership of the Office of Nu- Sec. 614. Effective date. to provide timely responses to a wide range of safety, upgrade, and licensing issues; clear Energy, Science, and Technology and SEC. 2. FINDINGS. (C) the Commission should conduct re- the Office of Science Congress finds that— search on new reactor technologies to sup- (1) the standard of living for citizens of the Sec. 111. Assistant Secretaries. port future regulatory decisions; and United States is linked to the availability of Subtitle C—Funding of Certain Department (D) a revision of certain Commission proce- reliable, low-cost, energy supplies; of Energy Programs dures would assist in more timely processing (2) personal use patterns, manufacturing of license applications and other requests for Sec. 121. Establishment of programs. processes, and advanced cyber information regulatory action. Sec. 122. Nuclear energy research initiative. all fuel increases in the demand for elec- Sec. 123. Nuclear energy plant optimization tricity; SEC. 3. DEFINITIONS. program. (3) demand-side management, while impor- In this Act: Sec. 124. Uprating of nuclear plant oper- tant, is not likely to halt the increase in en- (1) COMMISSION.—The term ‘‘Commission’’ ations. ergy demand; means the Nuclear Regulatory Commission. Sec. 125. University programs. (4)(A) nuclear power is the largest producer (2) EARLY SITE PERMIT.—The term ‘‘Early Sec. 126. Prohibition of commercial sales of of essentially emission-free electricity; Site Permit’’ means a permit for a site to be uranium and conversion held by (B) nuclear energy is one of the few energy a future location for a nuclear plant under the Department of Energy until sources that controls all pollutants; subpart A of part 52 of title 10, Code of Fed- 2006. (C) nuclear plants are demonstrating excel- eral Regulations. Sec. 127. Cooperative research and develop- lent reliability as the plants produce power (3) NUCLEAR PLANT.—The term ‘‘nuclear ment and special demonstra- at low cost with a superb safety record; and plant’’ means a nuclear energy facility that tion projects for the uranium (D) the generation costs of nuclear power generates electricity. mining industry. are not subject to price fluctuations of fossil (4) SECRETARY.—The term ‘‘Secretary’’ Sec. 128. Maintenance of a viable domestic fuels because nuclear fuels can be mined do- means the Secretary of Energy. uranium conversion industry. mestically or purchased from reliable trad- TITLE I—SUPPORT FOR CONTINUED USE Sec. 129. Portsmouth gaseous diffusion ing partners; OF NUCLEAR ENERGY plant. (5) requirements for new highly reliable Subtitle A—Price-Anderson Amendments Sec. 130. Nuclear generation report. baseload generation capacity coupled with SEC. 101. SHORT TITLE. TITLE II—CONSTRUCTION OF NUCLEAR increasing environmental concerns and lim- This subtitle may be cited as the ‘‘Price- PLANTS ited long-term availability of fossil fuels re- Anderson Amendments Act of 2001’’. Sec. 201. Establishment of programs. quire that the United States preserve the nu- SEC. 102. INDEMNIFICATION AUTHORITY. Sec. 202. Nuclear plant completion initia- clear energy option into the future; (a) INDEMNIFICATION OF NUCLEAR REGU- tive. (6) to ensure the reliability of electricity LATORY COMMISSION LICENSEES.—Section Sec. 203. Early site permit demonstration supply and delivery, the United States needs 170c. of the Atomic Energy Act of 1954 (42 program. programs to encourage the extended or more U.S.C. 2210(c)) is amended—

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.030 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1977 (1) in the subsection heading, by striking each 5-year period following the date of en- SEC. 122. NUCLEAR ENERGY RESEARCH INITIA- ‘‘LICENSES’’ and inserting ‘‘LICENSEES’’; and actment of the Price-Anderson Amendments TIVE. (2) by striking ‘‘August 1, 2002’’ each place Act of 2001, in accordance with the aggregate (a) AUTHORIZATION OF APPROPRIATIONS.— it appears and inserting ‘‘August 1, 2012’’. percentage change in the Consumer Price There are authorized to be appropriated to (b) INDEMNIFICATION OF DEPARTMENT OF EN- Index since— the Secretary, for a Nuclear Energy Re- ERGY CONTRACTORS.—Section 170d.(1)(A) of ‘‘(A) that date of enactment, in the case of search Initiative to be managed by the Di- the Atomic Energy Act of 1954 (42 U.S.C. the first adjustment under this subsection; rector of the Office of Nuclear Energy, 2210(d)(1)(A)) is amended by striking ‘‘, until or Science, and Technology for grants to be August 1, 2002,’’. ‘‘(B) the previous adjustment under this competitively awarded and subject to peer (c) INDEMNIFICATION OF NONPROFIT EDU- subsection.’’. review for research relating to nuclear en- ergy— CATIONAL INSTITUTIONS.—Section 170k. of the SEC. 108. CIVIL PENALTIES. Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) (1) $60,000,000 for fiscal year 2002; and (a) REPEAL OF AUTOMATIC REMISSION.—Sec- is amended by striking ‘‘August 1, 2002’’ each (2) such sums as are necessary for fiscal tion 234Ab.(2) of the Atomic Energy Act of place it appears and inserting ‘‘August 1, years 2003 through 2006. 1954 (42 U.S.C. 2282a(b)(2)) is amended by 2012’’. (b) REPORTS.—The Secretary shall submit striking the last sentence. SEC. 103. MAXIMUM ASSESSMENT. to the Committee on Science and the Com- (b) LIMITATION FOR NONPROFIT INSTITU- mittee on Appropriations of the House of Section 170b.(1) of the Atomic Energy Act TIONS.—Section 234A of the Atomic Energy of 1954 (42 U.S.C. 2210(b)(1)) is amended in the Representatives, and to the Committee on Act of 1954 (42 U.S.C. 2282a) is amended by Energy and Natural Resources and the Com- second proviso of the third sentence by strik- striking subsection d. and inserting the fol- ing ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. mittee on Appropriations of the Senate an lowing: annual report on the activities of the Nu- SEC. 104. DEPARTMENT OF ENERGY LIABILITY ‘‘d. Notwithstanding subsection a., no con- LIMIT. clear Energy Research Initiative. tractor, subcontractor, or supplier of the De- SEC. 123. NUCLEAR ENERGY PLANT OPTIMIZA- (a) AGGREGATE LIABILITY LIMIT.—Section partment of Energy that is an organization 170d. of the Atomic Energy Act of 1954 (42 TION PROGRAM. described in section 501(c)(3) of the Internal (a) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 2210(d)) is amended by striking para- Revenue Code of 1986 that is exempt from graph (2) and inserting the following: There are authorized to be appropriated to taxation under section 501(a) of the Code the Secretary for a Nuclear Energy Plant ‘‘(2) LIABILITY LIMIT.—In an agreement of shall be subject to a civil penalty under this Optimization Program to be managed by the indemnification entered into under para- section in any fiscal year in excess of the graph (1), the Secretary— Director of the Office of Nuclear Energy, amount of any performance fee paid by the Science, and Technology for a joint program ‘‘(A) may require the contractor to provide Secretary during that fiscal year to the con- and maintain the financial protection of with industry cost-shared by at least 50 per- tractor, subcontractor, or supplier under the cent and subject to annual review by the such a type and in such amounts as the Sec- contract under which a violation occurs.’’. retary shall determine to be appropriate to Secretary of Energy’s Nuclear Energy Re- cover public liability arising out of or in SEC. 109. APPLICABILITY. search Advisory Committee— connection with the contractual activity; (a) INDEMNIFICATION PROVISIONS.—The (1) $15,000,000 for fiscal year 2002; and and amendments made by sections 103, 104, and (2) such sums as are necessary for fiscal ‘‘(B) shall indemnify the persons indem- 105 do not apply to a nuclear incident that years 2003 through 2006. (b) REPORTS.—The Secretary shall submit nified against such claims above the amount occurs before the date of enactment of this to the Committee on Science and the Com- of the financial protection required, in the Act. mittee on Appropriations of the House of amount of $10,000,000,000 (subject to adjust- (b) CIVIL PENALTY PROVISIONS.—The Representatives, and to the Committee on ment for inflation under subsection t.), in amendments made by section 108(b) do not Energy and Natural Resources and the Com- the aggregate, for all persons indemnified in apply to a violation that occurs under a con- mittee on Appropriations of the Senate an connection with the contract and for each tract entered into before the date of enact- annual report on the activities of the Nu- nuclear incident, including such legal costs ment of this Act. clear Energy Plant Optimization Program. of the contractor as are approved by the Sec- Subtitle B—Leadership of the Office of Nu- retary.’’. clear Energy, Science, and Technology and SEC. 124. UPRATING OF NUCLEAR PLANT OPER- ATIONS. (b) CONTRACT AMENDMENTS.—Section 170d. the Office of Science (a) IN GENERAL.—The Secretary, to the ex- of the Atomic Energy Act of 1954 (42 U.S.C. SEC. 111. ASSISTANT SECRETARIES. tent funds are available, shall reimburse 2210(d)) is amended by striking paragraph (3) (a) IN GENERAL.—Section 203(a) of the De- costs incurred by a licensee of a nuclear and inserting the following: partment of Energy Organization Act (42 plant as provided in this section. ‘‘(3) CONTRACT AMENDMENTS.—All agree- U.S.C. 7133(a)) is amended in the matter pre- (b) PAYMENT OF COMMISSION USER FEES.— ments of indemnification under which the ceding paragraph (1) by striking ‘‘eight’’ and In carrying out subsection (a), the Secretary Department of Energy (or its predecessor inserting ‘‘ten’’. shall reimburse all user fees incurred by a li- agencies) may be required to indemnify any UNCTIONS.—On appointment of the 2 censee of a nuclear plant for obtaining the person, shall be deemed to be amended, on (b) F additional Assistant Secretaries of Energy approval of the Commission to achieve a per- the date of enactment of the Price-Anderson under the amendment made by subsection manent increase in the rated electricity ca- Amendments Act of 2001, to reflect the (a), the Secretary shall assign— pacity of the licensee’s nuclear plant if the amount of indemnity for public liability and (1) to one of the Assistant Secretaries, the licensee achieves the increased capacity be- any applicable financial protection required functions performed by the Director of the fore December 31, 2004. of the contractor under this subsection on Office of Science as of the date of enactment (c) PREFERENCE.—Preference shall be given that date.’’. of this Act; and by the Secretary to projects in which a sin- SEC. 105. INCIDENTS OUTSIDE THE UNITED (2) to the other, the functions performed by gle uprating operation can benefit multiple STATES. the Director of the Office of Nuclear Energy, domestic nuclear power reactors. (a) AMOUNT OF INDEMNIFICATION.—Section Science, and Technology as of that date. (d) INCENTIVE PAYMENTS.— 170d.(5) of the Atomic Energy Act of 1954 (42 (1) IN GENERAL.—In addition to payments U.S.C. 2210(d)(5)) is amended by striking Subtitle C—Funding of Certain Department made under subsection (a), the Secretary ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. of Energy Programs shall offer an incentive payment equal to 10 (b) LIABILITY LIMIT.—Section 170e.(4) of the SEC. 121. ESTABLISHMENT OF PROGRAMS. percent of the capital improvement cost re- Atomic Energy Act of 1954 (42 U.S.C. The Secretary shall establish or continue sulting in a permanent increase of at least 5 2210(e)(4)) is amended by striking programs administered by the Office of Nu- percent in the rated electricity capacity of ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. clear Energy, Science, and Technology to— the licensee’s nuclear plant if the licensee SEC. 106. REPORTS. (1) support the Nuclear Energy Research achieves the increased capacity rating before Section 170p. of the Atomic Energy Act of Initiative, the Nuclear Energy Plant Optimi- December 31, 2004. 1954 (42 U.S.C. 2210(p)) is amended by striking zation Program, and the Nuclear Energy (2) LIMITATION.—No incentive payment ‘‘August 1, 1998’’ and inserting ‘‘August 1, Technology Program; under paragraph (1) associated with any sin- 2008’’. (2) encourage investments to increase the gle nuclear unit shall exceed $1,000,000. SEC. 107. INFLATION ADJUSTMENT. electricity capacity at commercial nuclear (e) AUTHORIZATION OF APPROPRIATIONS.— Section 170t. of the Atomic Energy Act of plants in existence on the date of enactment There is authorized to be appropriated to 1954 (42 U.S.C. 2210(t)) is amended— of this Act; carry out this section $15,000,000 for each of (1) by designating paragraph (2) as para- (3) ensure continued viability of a domestic fiscal years 2002 and 2003. graph (3); and capability for uranium mining, conversion, SEC. 125. UNIVERSITY PROGRAMS. (2) by adding after paragraph (1) the fol- and enrichment industries; and (a) IN GENERAL.—The Secretary may, as lowing: (4) support university nuclear engineering provided in this section, provide grants and ‘‘(2) ADJUSTMENT.—The Secretary shall ad- education research and infrastructure pro- other forms of payment to further the na- just the amount of indemnification provided grams, including closely related specialties tional goal of producing well-educated grad- under an agreement of indemnification such as health physics, actinide chemistry, uates in nuclear engineering and closely re- under subsection d. not less than once during and material sciences. lated specialties that support nuclear energy

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.043 pfrm08 PsN: S07PT1 S1978 CONGRESSIONAL RECORD — SENATE March 7, 2001 programs such as health physics, actinide (A) enhanced production with minimal en- clear plants, including evaluation of any new chemistry, and material sciences. vironmental impact; plant design and the licensing process for nu- (b) SUPPORT FOR UNIVERSITY RESEARCH RE- (B) restoration of well fields; and clear plants; ACTORS.—The Secretary may provide grants (C) decommissioning and decontamination (5) state the anticipated length of time for and other forms of payments for plant up- activities. a new plant license to be processed and the grading to universities in the United States SEC. 128. MAINTENANCE OF A VIABLE DOMESTIC anticipated cost of such a process; and that operate and maintain nuclear research URANIUM CONVERSION INDUSTRY. (6) include recommendations for improve- reactors. (a) IN GENERAL.—For Department of En- ments in each of the processes reviewed. (c) SUPPORT FOR UNIVERSITY RESEARCH AND ergy expenses necessary in providing to TITLE II—CONSTRUCTION OF NUCLEAR DEVELOPMENT.—The Secretary may provide Converdyn Incorporated a payment for losses PLANTS grants and other forms of payment for re- associated with providing conversion serv- SEC. 201. ESTABLISHMENT OF PROGRAMS. search and development work by faculty, ices for the production of low-enriched ura- (a) SECRETARY.—The Secretary shall estab- staff, and students associated with nuclear nium (excluding imports related to actions lish a program within the Office of Nuclear engineering programs and closely related taken under the United States/Russia HEU Energy, Science, and Technology to— specialties at universities in the United Agreement), there is authorized to be appro- (1) demonstrate the Nuclear Regulatory priated $8,000,000 for each of fiscal years 2002, States. Commission Early Site Permit process; (d) SUPPORT FOR NUCLEAR ENGINEERING 2003, and 2004. (2) evaluate opportunities for completion STUDENTS AND FACULTY.—The Secretary may (b) RATE.—The payment shall be at a rate, of partially constructed nuclear plants; and provide fellowships, scholarships, and other determined by the Secretary, that— (3) develop a report assessing opportunities support to students and to departments of (1)(A) is based on the difference between Converdyn’s costs and its sale price for pro- for Generation IV reactors. nuclear engineering and closely related spe- (b) COMMISSION.—The Commission shall de- viding conversion services for the production cialties at universities in the United States. velop a research program to support regu- (e) AUTHORIZATION OF APPROPRIATIONS.— of low-enriched uranium fuel; but latory actions relating to new nuclear plant There are authorized to be appropriated to (B) does not exceed the amount appro- technologies. carry out this section— priated under subsection (a); and SEC. 202. NUCLEAR PLANT COMPLETION INITIA- (1) $34,200,000 for fiscal year 2002, of which— (2) shall be based contingent on submission TIVE. (A) $13,000,000 shall be available to carry to the Secretary of a financial statement (a) IN GENERAL.—The Secretary shall so- out subsection (b); satisfactory to the Secretary that is cer- licit information on United States nuclear (B) $10,200,000 shall be available to carry tified by an independent auditor for each plants requiring additional capital invest- out subsection (c) of which not less than year. ment before becoming operational or being $2,000,000 shall be available to support health (c) TIMING.—A payment under subsection returned to operation to determine which, if physics programs; and (a) shall be provided as soon as practicable any, should be included in a study of the fea- (C) $11,000,000 shall be available to carry after receipt and verification of the financial sibility of completing and operating some or out subsection (d) of which not less than statement submitted under subsection (b). all of the nuclear plants by December 31, $2,000,000 shall be available to support health SEC. 129. PORTSMOUTH GASEOUS DIFFUSION 2004, considering technical and economic fac- physics programs; and PLANT. tors. (2) such sums as are necessary for subse- (a) IN GENERAL.—The Secretary may pro- (b) IDENTIFICATION OF UNFINISHED NUCLEAR quent fiscal years. ceed with actions required to place the PLANTS.—The Secretary shall convene a SEC. 126. PROHIBITION OF COMMERCIAL SALES Portsmouth gaseous diffusion plant into cold panel of experts to— OF URANIUM AND CONVERSION standby condition for a period of 5 years. (1) review information obtained under sub- HELD BY THE DEPARTMENT OF EN- (b) PLANT CONDITION.—In the cold standby section (a); and ERGY UNTIL 2006. condition, the plant shall be in a condition (2) identify which unfinished nuclear Section 3112(b) of the USEC Privatization that— plants should be included in a feasibility Act (42 U.S.C. 2297h–10(b)) is amended by (1) would allow its restart, for production study. striking paragraph (2) and inserting the fol- of 3,000,000 separative work units per year, to (c) TECHNICAL AND ECONOMIC COMPLETION lowing: meet domestic demand for enrichment serv- ASSESSMENT.—On completion of the identi- ‘‘(2) SALE OF URANIUM HEXAFLUORIDE.— ices; and fication of candidate nuclear plants under ‘‘(A) IN GENERAL.—The Secretary shall— (2) will facilitate the future decontamina- subsection (b), the Secretary shall com- ‘‘(i) sell and receive payment for the ura- tion and decommissioning of the plant. mence a detailed technical and economic nium hexafluoride transferred to the Sec- (c) AUTHORIZATION OF APPROPRIATIONS.— completion assessment that includes, on a retary under paragraph (1); and There is authorized to be appropriated to unit-specific basis, all technical and eco- ‘‘(ii) refrain from sales of its surplus nat- carry out this section— nomic information necessary to permit a de- ural uranium and conversion services (1) $36,000,000 for fiscal year 2002; and cision on the feasibility of completing work through 2006 (except sales or transfers to the (2) such sums as are necessary for fiscal on any or all of the nuclear plants identified Tennessee Valley Authority in relation to years 2003, 2004, and 2005. under subsection (b). the Department’s HEU or Tritium programs, SEC. 130. NUCLEAR GENERATION REPORT. (d) SOLICITATION OF PROPOSALS.—After minor quantities associated with site clean- (a) IN GENERAL.—Not later than 180 days making the results of the feasibility study up projects, or the Department of Energy re- after the date of enactment of this Act, the under subsection (c) available to the public, search reactor sales program). Commission shall submit to Congress a re- the Secretary shall solicit proposals for com- ‘‘(B) REQUIREMENTS.—Under subparagraph port on the state of nuclear power genera- pleting construction on any or all of the nu- (A)(i), uranium hexafluoride shall be sold— tion in the United States. clear plants assessed under subsection (c). ‘‘(i) in 1995 and 1996 to the Russian Execu- (b) CONTENTS.—The report shall— (e) SELECTION OF PROPOSALS.— tive Agent at the purchase price for use in (1) provide current and historical detail re- (1) IN GENERAL.—The Secretary shall recon- matched sales pursuant to the Suspension garding— vene the panel of experts designated under Agreement; or (A) the number of commercial nuclear subsection (b) to review and select the nu- ‘‘(ii) in 2006 for consumption by end users plants and the amount of electricity gen- clear plants to be pursued, taking into con- in the United States not before January 1, erated; and sideration any or all of the following factors: 2007, and in subsequent years, in volumes not (B) the safety record of commercial nu- (A) Location of the nuclear plant and the clear plants; regional need for expanded power capability. to exceed 3,000,000 pounds U3O8 equivalent per year.’’. (2) review the status of the relicensing (B) Time to completion. SEC. 127. COOPERATIVE RESEARCH AND DEVEL- process for commercial nuclear plants, in- (C) Economic and technical viability for OPMENT AND SPECIAL DEMONSTRA- cluding— completion of the nuclear plant. TION PROJECTS FOR THE URANIUM (A) current and anticipated applications; (D) Financial capability of the offeror. MINING INDUSTRY. and (E) Extent of support from regional and There is authorized to be appropriated to (B) for each current and anticipated appli- State officials. the Secretary $10,000,000 for each of fiscal cation— (F) Experience and past performance of the years 2002, 2003, and 2004 for— (i) the anticipated length of time for a li- members of the offeror in siting, con- (1) cooperative, cost-shared, agreements cense renewal application to be processed; structing, or operating nuclear generating between the Department and the domestic and facilities. uranium mining industry to identify, test, (ii) the current and anticipated costs of (G) Lowest cost to the Government. and develop improved in-situ leaching min- each license renewal; (2) REGIONAL AND STATE SUPPORT.—No pro- ing technologies, including low-cost environ- (3) assess the capability of the Commission posal shall be accepted without endorsement mental restoration technologies that may be to evaluate licenses for new advanced reac- by the State Governor and by the elected applied to sites after completion of in-situ tor designs and discuss the confirmatory and governing bodies of— leaching operations; and anticipatory research activities needed to (A) each political subdivision in which the (2) funding for competitively selected dem- support that capability; nuclear plant is located; and onstration projects with the domestic ura- (4) detail the efforts of the Commission to (B) each other political subdivision that nium mining industry relating to— prepare for potential new commercial nu- the Secretary determines has a substantial

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.043 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1979 interest in the completion of the nuclear carry out this section $15,000,000 for each of SEC. 205. RESEARCH SUPPORTING REGULATORY plant. fiscal years 2002 and 2003, to remain available PROCESSES FOR NEW REACTOR (f) REPORT TO CONGRESS.— until expended. TECHNOLOGIES AND DESIGNS. N ENERAL (1) IN GENERAL.—Not later than June 1, SEC. 204. NUCLEAR ENERGY TECHNOLOGY (a) I G .—The Commission shall de- 2002, the Secretary shall submit to Congress STUDY FOR GENERATION IV REAC- velop a comprehensive research program to a report describing the reactors identified TORS. support resolution of potential licensing for completion under subsection (e). (a) IN GENERAL.—The Secretary shall con- issues associated with new reactor concepts (2) CONTENTS.—The report shall— duct a study of Generation IV nuclear energy and new technologies that may be incor- (A) detail the findings under each of the systems, including development of a tech- porated into new or current designs of nu- criteria specified in subsection (e); and nology roadmap and performance of research clear plants. (B) include recommendations for action by and development necessary to make an in- (b) IDENTIFICATION OF CANDIDATE DE- Congress to authorize actions that may be formed technical decision regarding the SIGNS.—The Commission shall work with the initiated in fiscal year 2003 to expedite com- most promising candidates for commercial Office of Nuclear Energy, Science, and Tech- pletion of the reactors. deployment. nology and the nuclear industry to identify (3) CONSIDERATIONS.—In making rec- (b) UPGRADES AND ADDITIONS.—The Sec- candidate designs to be addressed by the pro- ommendations under paragraph (2)(B), the retary may make upgrades or additions to gram. Secretary shall consider— the nuclear energy research facility infra- (c) ACTIVITIES TO BE INCLUDED.—The re- (A) the advisability of authorizing pay- structure as needed to carry out the study search shall include— ment by the Government of Commission user under subsection (a). (1) modeling, analyses, tests, and experi- fees (including consideration of the esti- (c) REACTOR CHARACTERISTICS.—To the ex- ments as required to provide input into total mated cost to the Government of paying tent practicable, in conducting the study system behavior and response to hypoth- such fees); and under subsection (a), the Secretary shall esized accidents; and (B) other appropriate considerations. study nuclear energy systems that offer the (2) consideration of new reactor tech- (g) AUTHORIZATION OF APPROPRIATIONS.— highest probability of achieving the goals for nologies that may affect— There is authorized to be appropriated to Generation IV nuclear energy systems estab- (A) risk-informed licensing of new plants; carry out this section $3,000,000 for fiscal lished by the Nuclear Energy Research Advi- (B) behavior of advanced fuels; year 2002. sory Committee, including— (C) evolving environmental considerations SEC. 203. EARLY SITE PERMIT DEMONSTRATION (1) economics competitive with natural relative to spent fuel management and PROGRAM. gas-fueled generators; health effect standards; (a) IN GENERAL.—The Secretary shall ini- (2) enhanced safety features or passive (D) new technologies (such as advanced tiate a program of Government/private part- safety features; sensors, digital instrumentation, and con- nership demonstration projects to encourage (3) substantially reduced production of trol) and human factors that affect the appli- private sector applications to the Commis- high-level waste, as compared with the quan- cation of new technology to current plants; sion for approval of sites that are potentially tity of waste produced by reactors in oper- and suitable to be used for the construction of fu- ation on the date of enactment of this Act; (E) other emerging technical issues. ture nuclear power generating facilities. (4) highly proliferation resistant fuel and (d) AUTHORIZATION OF APPROPRIATIONS.— (b) PROJECTS.—Not later than 60 days after waste; There is authorized to be appropriated to the date of enactment of this Act, the Sec- (5) sustainable energy generation including carry out this section— retary shall issue a solicitation of offers for optimized fuel utilization; and (1) $25,000,000 for fiscal year 2002; and proposals from private sector entities to (6) substantially improved thermal effi- (2) such sums as are necessary for subse- enter into partnerships with the Secretary ciency, as compared with the thermal effi- quent fiscal years. to— TITLE III—EVALUATIONS OF NUCLEAR (1) demonstrate the Early Site Permit ciency of reactors in operation on the date of process; and enactment of this Act. ENERGY (c) CONSULTATION.—In conducting the (2) create a bank of approved sites by De- SEC. 301. ENVIRONMENTALLY PREFERABLE PUR- study, the Secretary shall consult with— cember 31, 2003. CHASING. (1) the Commission, with respect to evalua- (c) CRITERIA FOR PROPOSALS.—A proposal (a) ACQUISITION.—For the purposes of Exec- submitted under subsection (b) shall— tion of regulatory issues; and utive Order No. 13101 (3 C.F.R. 210 (1998)) and (1) identify a site owned by the offeror that (2) the International Atomic Energy Agen- policies established by the Office of Federal is suitable for the construction and oper- cy, with respect to international safeguards. Procurement Policy or other executive (d) REPORT.— ation of a new nuclear plant; and branch offices for the acquisition or use of (1) IN GENERAL.—Not later than December (2) state the agreement of the offeror to environmentally preferable products (as de- 31, 2002, the Secretary shall submit to Con- pay not less than 1⁄2 of the costs of— fined in section 201 of the Executive order), gress a report describing the results of the (A) preparation of an application to the electricity generated by a nuclear plant roadmap and plans for research and develop- Commission for an Early Site Permit for the shall be considered to be an environmentally ment leading to a public/private cooperative site identified under paragraph (1); and preferable product. demonstration of one or more Generation IV (B) review of the application by the Com- (b) PROCUREMENT.—No Federal procure- nuclear energy systems. mission. ment policy or program may— (d) SELECTION OF PROPOSALS.—The Sec- (2) CONTENTS.—The report shall contain— (1) discriminate against or exclude nuclear retary shall establish a competitive process (A) an assessment of all available tech- generated electricity in making purchasing to review and select the projects to be pur- nologies; decisions; or sued, taking into consideration the fol- (B) a summary of actions needed for the (2) subscribe to product certification pro- lowing: most promising candidates to be considered grams or recommend product purchases that (1) Time to prepare the application. as viable commercial options within the five exclude nuclear electricity. (2) Site qualities or characteristics that to ten years after the date of the report with SEC. 302. EMISSION-FREE CONTROL MEASURES could affect the duration of application re- consideration of regulatory, economic, and UNDER A STATE IMPLEMENTATION view. technical issues; PLAN. (3) The financial capability of the offeror. (C) a recommendation of not more than (a) DEFINITIONS.—In this section: (4) The experience of the offeror in siting, three promising Generation IV nuclear en- (1) CRITERIA AIR POLLUTANT.—The term constructing, or operating nuclear plants. ergy system concepts for further develop- ‘‘criteria air pollutant’’ means a pollutant (5) The support of regional and State offi- ment; listed under section 108(a) of the Clean Air cials. (D) an evaluation of opportunities for pub- Act (42 U.S.C. 7408(a)). (6) The need for new electricity supply in lic/private partnerships; (2) EMISSION-FREE ELECTRICITY SOURCE.— the vicinity of the site, or proximity to suit- (E) a recommendation for structure of a The term ‘‘emission-free electricity source’’ able transmission lines. public/private partnership to share in devel- means— (7) Lowest cost to the Government. opment and construction costs; (A) a facility that generates electricity (e) COOPERATIVE AGREEMENTS.—The Sec- (F) a plan leading to the selection and con- without emitting criteria pollutants, haz- retary may enter into cooperative agree- ceptual design, by September 30, 2004, of at ardous pollutants, or greenhouse gases as a ments with up to 3 offerors selected through least one Generation IV nuclear energy sys- result of onsite operations of the facility; the competitive process to pay not more tem for demonstration through a public/pri- and than 1⁄2 of the costs incurred by the parties vate partnership; and (B) a facility that generates electricity to the agreements for— (G) a recommendation for appropriate in- using nuclear fuel that meets all applicable (1) preparation of an application to the volvement of the Commission. standards for radiological emissions under Commission for an Early Site Permit for the (e) AUTHORIZATION OF APPROPRIATIONS.— section 112 of the Clean Air Act (42 U.S.C. site; and There are authorized to be appropriated to 7412). (2) review of the application by the Com- carry out this section— (3) GREENHOUSE GAS.—The term ‘‘green- mission. (1) $50,000,000 for fiscal year 2002; and house gas’’ means a natural or anthropo- (f) AUTHORIZATION OF APPROPRIATIONS.— (2) such sums as are necessary for fiscal genic gaseous constituent of the atmosphere There is authorized to be appropriated to years 2003 through 2006. that absorbs and re-emits infrared radiation.

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(4) HAZARDOUS POLLUTANT.—The term nologies for spent fuel are developed or as ther the availability of electrometallurgical ‘‘hazardous pollutant’’ has the meaning national energy needs evolve. technology as a proliferation-resistant alter- given the term in section 112(a) of the Clean SEC. 402. OFFICE OF SPENT NUCLEAR FUEL RE- native to aqueous reprocessing in support of Air Act (42 U.S.C. 7412(a)). SEARCH. evaluation of alternative national strategies (5) IMPROVEMENT IN AVAILABILITY.—The (a) DEFINITIONS.—In this section: for spent nuclear fuel and the Generation IV term ‘‘improvement in availability’’ means (1) ASSOCIATE DIRECTOR.—The term ‘‘Asso- advanced reactor concepts, subject to annual an increase in the amount of electricity pro- ciate Director’’ means the Associate Direc- review by the Nuclear Energy Research Ad- duced by an emission-free electricity source tor of the Office. visory Committee. that provides a commensurate reduction in (2) OFFICE.—The term ‘‘Office’’ means the (b) REPORTS.—The Secretary shall submit output from emitting sources. Office of Spent Nuclear Fuel Research estab- to the Committee on Science and the Com- (6) INCREASED EMISSION-FREE CAPACITY lished by subsection (b). mittee on Appropriations of the House of PROJECT.—The term ‘‘increased emission-free (b) ESTABLISHMENT.—There is established Representatives and the Committee on En- capacity project’’ means a project to con- an Office of Spent Nuclear Fuel Research ergy and Natural Resources and the Com- struct an emission-free electricity source or within the Office of Nuclear Energy Science mittee on Appropriations of the Senate an increase the rated capacity of an existing and Technology of the Department of En- annual report on the activities of the ad- emission-free electricity source. ergy. vanced fuel recycling technology develop- (b) TREATMENT OF CERTAIN STATE ACTIONS (c) HEAD OF OFFICE.—The Office shall be ment program. AS CONTROL MEASURES.—An action taken by headed by the Associate Director, who shall (c) AUTHORIZATION OF APPROPRIATIONS.— a State to support the continued operation be a member of the Senior Executive Service There are authorized to be appropriated to of an emission-free electricity source or to appointed by the Director of the Office of carry out this section— support an improvement in availability or an Nuclear Energy Science and Technology, and (1) $10,000,000 for fiscal year 2002; and increased emission-free capacity project compensated at a rate determined by appli- (2) such sums as are necessary for fiscal shall be considered to be a control measure cable law. years 2003 through 2006. for the purposes of section 110(a) of the Clean (d) DUTIES OF THE ASSOCIATE DIRECTOR.— TITLE V—NATIONAL ACCELERATOR SITE Air Act (42 U.S.C. 7410(a)). (1) IN GENERAL.—The Associate Director SEC. 501. FINDINGS. (c) ECONOMIC INCENTIVE PROGRAMS.— shall be responsible for carrying out an inte- Congress finds that— (1) CRITERIA AIR POLLUTANTS AND HAZ- grated research, development, and dem- (1)(A) high-current proton accelerators are ARDOUS POLLUTANTS.—Emissions of criteria onstration program on technologies for capable of producing significant quantities air pollutants or hazardous pollutants pre- treatment, recycling, and disposal of high- of neutrons through the spallation process vented or avoided by an improvement in level nuclear radioactive waste and spent nu- without using a critical assembly; and availability or the operation of increased clear fuel, subject to the general supervision (B) the availability of high-neutron emission-free capacity shall be eligible for, of the Secretary. fluences enables a wide range of missions of and may not be excluded from, incentive pro- (2) PARTICIPATION.—The Associate Director major national importance to be conducted; grams used as control measures, including shall coordinate the participation of na- (2)(A) public acceptance of repositories, programs authorizing emission trades, re- tional laboratories, universities, the com- whether for spent fuel or for final waste volving loan funds, tax benefits, and special mercial nuclear industry, and other organi- products from spent fuel, can be enhanced if financing programs. zations in the investigation of technologies the radio-toxicity of the materials in the re- (2) GREENHOUSE GASES.—Emissions of for the treatment, recycling, and disposal of pository can be reduced; greenhouse gases prevented or avoided by an spent nuclear fuel and high-level radioactive (B) transmutation of long-lived radioactive improvement in availability or the operation waste. species by an intense neutron source pro- of increased emission-free capacity shall be (3) ACTIVITIES.—The Associate Director vides an approach to such a reduction in tox- eligible for, and may not be excluded from, shall— icity; and incentive programs used as control measures (A) develop a research plan to provide rec- (C) research and development in this area on the national, regional State, or local ommendations by 2015; (which, when the source of neutrons is de- level. (B) identify promising technologies for the rived from an accelerator, is called ‘‘accel- SEC. 304. PROHIBITION OF DISCRIMINATION treatment, recycling, and disposal of spent erator transmutation of waste’’) should be AGAINST EMISSION-FREE ELEC- TRICITY PROJECTS IN INTER- nuclear fuel and high-level radioactive an important part of a national spent fuel NATIONAL DEVELOPMENT PRO- waste; strategy; GRAMS. (C) conduct research and development ac- (3)(A) nuclear weapons require a reliable (a) PROHIBITION.—No Federal funds shall be tivities for promising technologies; source of tritium; used to support a domestic or international (D) ensure that all activities include as (B) the Department of Energy has identi- organization engaged in the financing, devel- key objectives minimization of proliferation fied production of tritium in a commercial opment, insuring, or underwriting of elec- concerns and risk to health of the general light water reactor as the first option to be tricity production facilities if the activities public or site workers, as well as develop- pursued; fail to include emission-free electricity pro- ment of cost-effective technologies; (C) the importance of tritium supply is of duction facility projects that use nuclear (E) require research on both reactor- and sufficient magnitude that a backup tech- fuel. accelerator-based transmutation systems; nology should be demonstrated and available (b) REQUEST FOR POLICIES.—The Secretary (F) require research on advanced proc- for rapid scale-up to full requirements; of Energy shall request copies of all written essing and separations; (D) evaluation of tritium production by a policies regarding the eligibility of emission- (G) include participation of international high-current accelerator has been underway; free nuclear electricity production facilities collaborators in research efforts, and provide and for funding or support from international or funding to a collaborator that brings unique (E) accelerator production of tritium domestic organizations engaged in the fi- capabilities not available in the United should be demonstrated, so that the capa- nancing, development, insuring, or under- States if the country in which the collabo- bility can be scaled up to levels required for writing of electricity production facilities, rator is located is unable to provide support; the weapons stockpile if difficulties arise including— and with the reactor approach; (1) the Agency for International Develop- (H) ensure that research efforts are coordi- (4)(A) radioisotopes are required in many ment; nated with research on advanced fuel cycles medical procedures; (2) the World Bank; and reactors conducted by the Office of Nu- (B) research on new medical procedures is (3) the Overseas Private Investment Cor- clear Energy Science and Technology. adversely affected by the limited availability poration; (e) GRANT AND CONTRACT AUTHORITY.—The of production facilities for certain (4) the International Monetary Fund; and Secretary may make grants, or enter into radioisotopes; and (5) the Export-Import Bank. contracts, for the purposes of the research (C) high-current accelerators are an impor- TITLE IV—DEVELOPMENT OF NATIONAL projects and activities described in sub- tant source of radioisotopes, and are best SPENT NUCLEAR FUEL STRATEGY section (d)(3). suited for production of proton-rich isotopes; SEC. 401. FINDINGS. (f) REPORT.—The Associate Director shall and Congress finds that— annually submit to Congress a report on the (5)(A) a spallation source provides a con- (1) before the Federal Government takes activities and expenditures of the Office that tinuum of neutron energies; and any irreversible action relating to the dis- describes the progress being made in achiev- (B) the energy spectrum of neutrons can be posal of spent nuclear fuel, Congress must ing the objectives of this section. altered and tailored to allow a wide range of determine whether the spent fuel should be SEC. 403. ADVANCED FUEL RECYCLING TECH- experiments in support of nuclear engineer- treated as waste subject to permanent burial NOLOGY DEVELOPMENT PROGRAM. ing studies of alternative reactor configura- or should be considered to be an energy re- (a) IN GENERAL.—The Secretary, acting tions, including studies of materials that source that is needed to meet future energy through the Director of the Office of Nuclear may be used in future fission or fusion sys- requirements; and Energy, Science, and Technology, shall con- tems. (2) national policy on spent nuclear fuel duct an advanced fuel recycling technology SEC. 502. DEFINITIONS. may evolve with time as improved tech- research and development program to fur- In this title:

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.043 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1981

(1) OFFICE.—The term ‘‘Office’’ means the evaluation of competing proposals and a rec- 2133(d)) is amended by striking the second Office of Nuclear Energy, Science, and Tech- ommendation of a final site and for funding sentence. nology of the Department of Energy. requirements to proceed with construction (b) MEDICAL THERAPY AND RESEARCH AND (2) PROGRAM.—The term ‘‘program’’ means in future fiscal years. DEVELOPMENT.—Section 104d. of the Atomic the Advanced Accelerator Applications Pro- (g) AUTHORIZATION OF APPROPRIATIONS.— Energy Act of 1954 (42 U.S.C. 2134(d)) is gram established under section 503. (1) PROPOSAL.—There is authorized to be amended by striking the second sentence. (3) PROPOSAL.—The term ‘‘proposal’’ means appropriated for development of the proposal SEC. 605. ELIMINATION OF DUPLICATIVE ANTI- the proposal for a location supporting the $20,000,000 for each of fiscal years 2002 and TRUST REVIEW. missions identified for the program devel- 2003. Section 105 of the Atomic Energy Act of oped under section 503. (2) RESEARCH, DEVELOPMENT, AND DEM- 1954 (42 U.S.C. 2135) is amended by striking SEC. 503. ADVANCED ACCELERATOR APPLICA- ONSTRATION ACTIVITIES.—There are author- subsection c. and inserting the following: TIONS PROGRAM. ized to be appropriated for research, develop- ‘‘c. CONDITIONS.— (a) ESTABLISHMENT OF PROGRAM.—The Sec- ment, and demonstration activities of the ‘‘(1) IN GENERAL.—A condition for a grant retary shall establish a program to be known program— of a license imposed by the Commission as the ‘‘Advanced Accelerator Applications (A) $120,000,000 for fiscal year 2002; and under this section in effect on the date of en- Program’’. (B) such sums as are necessary for subse- actment of the Nuclear Assets Restructuring (b) MISSION.—The mission of the program quent fiscal years. Reform Act of 2001 shall remain in effect shall include conducting scientific or engi- until the condition is modified or removed TITLE VI—NUCLEAR REGULATORY neering research, development, and dem- by the Commission. COMMISSION REFORM onstrations on— ‘‘(2) MODIFICATION.—If a person that is li- (1) accelerator production of tritium as a SEC. 601. DEFINITIONS. censed to construct or operate a utilization backup technology; Section 11 of the Atomic Energy Act of or production facility applies for reconsider- (2) transmutation of spent nuclear fuel and 1954 (42 U.S.C. 2014) is amended— ation under this section of a condition im- waste; (1) in subsection f., by striking ‘‘Atomic posed in the person’s license, the Commis- (3) production of radioisotopes; Energy Commission’’ and inserting ‘‘Nuclear sion shall conduct a proceeding, on an expe- (4) advanced nuclear engineering concepts, Regulatory Commission’’; dited basis, to determine whether the license including material science issues; and (2) by redesignating subsection jj. as sub- condition— (5) other applications that may be identi- section ll.; and ‘‘(A) is necessary to ensure compliance fied. (3) by adding at the end the following: with section 105a.; or (c) ADMINISTRATION.—The program shall be ‘‘jj. FEDERAL NUCLEAR OBLIGATION.—The ‘‘(B) should be modified or removed.’’. administered by the Office— term ‘Federal nuclear obligation’ means— SEC. 606. GIFT ACCEPTANCE AUTHORITY. (1) in consultation with the National Nu- ‘‘(1) a nuclear decommissioning obligation; (a) IN GENERAL.—Section 161g. of the clear Security Administration, for all activi- ‘‘(2) a fee required to be paid to the Federal Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) ties related to tritium production; and Government by a licensee for the storage, is amended— (2) in consultation with the Office of Civil- transportation, or disposal of spent nuclear (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; ian Radioactive Waste Management, for all fuel and high-level radioactive waste, includ- (2) by striking ‘‘this Act;’’ and inserting activities relating to the impact of waste ing a fee required under the Nuclear Waste ‘‘this Act; or’’; and transmutation on repository requirements. Policy Act of 1982 (42 U.S.C. 10101 et seq.); (3) by adding at the end the following: (d) PARTICIPATION.—The Office shall en- and ‘‘(2) accept, hold, utilize, and administer courage participation of international col- ‘‘(3) an assessment by the Federal Govern- gifts of real and personal property (not in- laborators, industrial partners, national lab- ment to fund the cost of decontamination cluding money) for the purpose of aiding or oratories, and, through support for new grad- and decommissioning of uranium enrichment facilitating the work of the Commission.’’. uate engineering and science students and facilities, including an assessment required (b) CRITERIA FOR ACCEPTANCE OF GIFTS.— professors, universities. under chapter 28 of the Energy Policy Act of (1) IN GENERAL.—Chapter 14 of title I of the (e) PROPOSAL OF LOCATION.— 1992 (42 U.S.C. 2297g). Atomic Energy Act of 1954 (42 U.S.C. 2201 et (1) IN GENERAL.—The Office shall develop a ‘‘kk. NUCLEAR DECOMMISSIONING OBLIGA- seq.) is amended by adding at the end the fol- detailed proposal for a location supporting TION.—The term ‘nuclear decommissioning lowing: the missions identified for the program. obligation’ means an expense incurred to en- ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF (2) CONTENTS.—The proposal shall— sure the continued protection of the public GIFTS. (A) recommend capabilities for the accel- from the dangers of any residual radioac- ‘‘(a) IN GENERAL.—The Commission shall erator and for each major research or pro- tivity or other hazards present at a facility establish written criteria for determining duction effort; at the time the facility is decommissioned, whether to accept gifts under section (B) include development of a comprehen- including all costs of actions required under 161g.(2). sive site plan supporting those capabilities; rules, regulations and orders of the Commis- ‘‘(b) CONSIDERATIONS.—The criteria under (C) specify a detailed time line for con- sion for— subsection (a) shall take into consideration struction and operation of all activities; ‘‘(1) entombing, dismantling and decom- whether the acceptance of a gift would com- (D) identify opportunities for involvement missioning a facility; and promise the integrity of, or the appearance of the private sector in production and use of ‘‘(2) administrative, preparatory, security of the integrity of, the Commission or any radioisotopes; and radiation monitoring expenses associ- officer or employee of the Commission.’’. (E) contain a recommendation for funding ated with entombing, dismantling, and de- (2) CONFORMING AMENDMENT.—The table of required to accomplish the proposal in future commissioning a facility.’’. contents of the Atomic Energy Act of 1954 (42 fiscal years; and U.S.C. prec. 2011) is amended by adding at SEC. 602. OFFICE LOCATION. (F) identify required site characteristics. the end of the items relating to chapter 14 Section 23 of the Atomic Energy Act of (3) PRELIMINARY ENVIRONMENTAL IMPACT the following: 1954 (42 U.S.C. 2033) is amended by striking ‘‘; ASSESSMENT.—As part of the process of iden- however, the Commission shall maintain an ‘‘Sec. 170C. Criteria for acceptance of tification of required site characteristics, office for the service of process and papers gifts.’’. the Secretary shall undertake a preliminary within the District of Columbia’’. SEC. 607. AUTHORITY OVER FORMER LICENSEES environmental impact assessment of a range FOR DECOMMISSIONING FUNDING. of sites. SEC. 603. LICENSE PERIOD. Section 161i. of the Atomic Energy Act of (4) SUBMISSION TO CONGRESS.—Not later Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended— than March 31, 2002, the Secretary shall sub- 1954 (42 U.S.C. 2133(c)) is amended— (1) by striking ‘‘and (3)’’ and inserting mit to the Committee on Energy and Nat- (1) by striking ‘‘c. Each such’’ and insert- ‘‘(3)’’; and ural Resources and Committee on Appropria- ing the following: (2) by inserting before the semicolon at the tions of the Senate and the Committee on ‘‘c. LICENSE PERIOD.— end the following: ‘‘, and (4) to ensure that Science and Committee on Appropriations of ‘‘(1) IN GENERAL.—Each such’’; and sufficient funds will be available for the de- the House of Representatives a report de- (2) by adding at the end the following: commissioning of any production or utiliza- scribing the proposal. ‘‘(2) COMBINED LICENSES.—In the case of a tion facility licensed under section 103 or (f) COMPETITION.— combined construction and operating license 104b., including standards and restrictions (1) IN GENERAL.—The Secretary shall use issued under section 185(b), the initial dura- governing the control, maintenance, use, and the proposal to conduct a nationwide com- tion of the license may not exceed 40 years disbursement by any former licensee under petition among potential sites. from the date on which the Commission this Act that has control over any fund for (2) REPORT.—Not later than June 30, 2003, finds, before operation of the facility, that the decommissioning of the facility’’. the Secretary shall submit to the Committee the acceptance criteria required by section SEC. 608. CARRYING OF FIREARMS BY LICENSEE on Energy and Natural Resources and Com- 185(b) are met.’’. EMPLOYEES. mittee on Appropriations of the Senate and SEC. 604. ELIMINATION OF FOREIGN OWNERSHIP (a) IN GENERAL.—Chapter 14 of title I of the the Committee on Science and the Com- RESTRICTIONS. Atomic Energy Act of 1954 (42 U.S.C. 2201 et mittee on Appropriations of the House of (a) COMMERCIAL LICENSES.—Section 103d. of seq.) (as amended by section 606(b)) is amend- Representatives a report that contains an the Atomic Energy Act of 1954 (42 U.S.C. ed—

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.043 pfrm08 PsN: S07PT1 S1982 CONGRESSIONAL RECORD — SENATE March 7, 2001 (1) in section 161, by striking subsection k. (1) by striking ‘‘, or which operates any fa- U.S.C. prec. 2011) is amended by inserting and inserting the following: cility regulated or certified under section after the item relating to section 241 the fol- ‘‘k. authorize to carry a firearm in the per- 1701 or 1702,’’; lowing: formance of official duties such of its mem- (2) by striking ‘‘483a of title 31 of the ‘‘Sec. 242. Nuclear decommissioning obliga- bers, officers, and employees, such of the em- United States Code’’ and inserting ‘‘9701 of tions of nonlicensees.’’. ployees of its contractors and subcontractors title 31, United States Code,’’; and (at any tier) engaged in the protection of (3) by inserting before the period at the end SEC. 614. EFFECTIVE DATE. property under the jurisdiction of the United the following: ‘‘, and, commencing October 1, (a) IN GENERAL.—Except as provided in States located at facilities owned by or con- 2002, prescribe and collect from any other subsection (b), this title and the amend- tracted to the United States or being trans- Government agency any fee, charge, or price ments made by this title take effect on the ported to or from such facilities, and such of that the Commission may require in accord- date of enactment of this Act. the employees of persons licensed or cer- ance with section 9701 of title 31, United (b) RECOMMISSIONING AND LICENSE RE- tified by the Commission (including employ- States Code, or any other law’’. MOVAL.—The amendment made by section 613 ees of contractors of licensees or certificate SEC. 610. HEARING PROCEDURES. takes effect on the date that is 180 days after holders) engaged in the protection of facili- Section 189a.(1) of the Atomic Energy Act the date of enactment of this Act. ties owned or operated by a Commission li- of 1954 (42 U.S.C. 2239(a)(1)) is amended by Mrs. LINCOLN. Mr. President, today censee or certificate holder that are des- adding at the end the following: ignated by the Commission or in the protec- ‘‘(C) HEARINGS.—A hearing under this sec- I join Senator DOMENICI in introducing tion of property of significance to the com- tion shall be conducted using informal adju- the Nuclear Energy Electricity Assur- mon defense and security located at facili- dicatory procedures established under sec- ance Act of 2001. Simply put, this bill is ties owned or operated by a Commission li- tions 553 and 555 of title 5, United States designed to ensure that nuclear energy censee or certificate holder or being trans- Code, unless the Commission determines remains a viable energy source well ported to or from such facilities, as the Com- that formal adjudicatory procedures are nec- into the future of this country. mission considers necessary in the interest essary— of the common defense and security;’’ and ‘‘(i) to develop a sufficient record; or The Nuclear Energy Electricity As- (2) by adding at the end the following: ‘‘(ii) to achieve fairness.’’. surance Act of 2001 has many impor- ‘‘SEC. 170D. CARRYING OF FIREARMS. SEC. 611. UNAUTHORIZED INTRODUCTION OF tant provisions and I will talk specifi- DANGEROUS WEAPONS. cally about a couple of them today. ‘‘(a) AUTHORITY TO MAKE ARREST.— ‘‘(1) IN GENERAL.—A person authorized Section 229a. of the Atomic Energy Act of We should pursue innovative tech- under section 161k. to carry a firearm may, 1954 (42 U.S.C. 2278a(a)) is amended in the nologies to reduce the amount of nu- while in the performance of, and in connec- first sentence by inserting ‘‘or subject to the clear waste that we will eventually licensing authority of the Commission or to tion with, official duties, arrest an indi- have to store permanently in a geo- vidual without a warrant for any offense certification by the Commission under this Act or any other Act’’ before the period at logic repository. Technologies such as against the United States committed in the nuclear waste reprocessing would allow presence of the person or for any felony the end. under the laws of the United States if the SEC. 612. SABOTAGE OF NUCLEAR FACILITIES OR us to recycle about 75 percent of the person has a reasonable ground to believe FUEL. nuclear waste we have today. And that the individual has committed or is com- Section 236a. of the Atomic Energy Act of there are technologies such as trans- mitting such a felony. 1954 (42 U.S.C. 2284(a)) is amended— mutation that would increase the per- ‘‘(2) LIMITATION.—An employee of a con- (1) in paragraph (2), by striking ‘‘storage centage of recycled waste even further. tractor or subcontractor or of a Commission facility’’ and inserting ‘‘storage, treatment, This bill establishes a new national licensee or certificate holder (or a contractor or disposal facility’’; (2) in paragraph (3)— strategy for nuclear waste by creating of a licensee or certificate holder) authorized the Office of Spent Nuclear Fuel Re- to make an arrest under paragraph (1) may (A) by striking ‘‘such a utilization facil- make an arrest only— ity’’ and inserting ‘‘a utilization facility li- search and beginning the Advanced ‘‘(A) when the individual is within, or is in censed under this Act’’; and Fuel Recycling Technology Develop- flight directly from, the area in which the of- (B) by striking ‘‘or’’ at the end; ment Program within the Department fense was committed; and (3) in paragraph (4)— of Energy to study and focus on achiev- ‘‘(B) in the enforcement of— (A) by striking ‘‘facility licensed’’ and in- able nuclear fuel reprocessing initia- ‘‘(i) a law regarding the property of the serting ‘‘or nuclear fuel fabrication facility tives. A strong nuclear fuel reprocess- United States in the custody of the Depart- licensed or certified’’; and (B) by striking the period at the end and ing program is necessary to ensure we ment of Energy, the Commission, or a con- can make nuclear fuel a truly renew- tractor of the Department of Energy or Com- inserting ‘‘; or’’; and mission or a licensee or certificate holder of (4) by adding at the end the following: able fuel source. It simply makes sense. the Commission; ‘‘(5) any production, utilization, waste In my home State of Arkansas, we ‘‘(ii) a law applicable to facilities owned or storage, waste treatment, waste disposal, have one nuclear powerplant located operated by a Commission licensee or certifi- uranium enrichment, or nuclear fuel fabrica- just outside the small town of tion facility subject to licensing or certifi- cate holder that are designated by the Com- Dardanelle. This facility has provided mission under section 161k.; cation under this Act during construction of the facility, if the person knows or reason- safe, clean, emission-free power to all ‘‘(iii) a law applicable to property of sig- Arkansans for many years, and I aim nificance to the common defense and secu- ably should know that there is a significant rity that is in the custody of a licensee or possibility that the destruction or damage to see that it remains for many more. certificate holder or a contractor of a li- caused or attempted to be caused could ad- This bill will help ensure that this hap- censee or certificate holder of the Commis- versely affect public health and safety dur- pens by providing incentive funding for sion; or ing the operation of the facility;’’. utilities to invest in increased effi- ‘‘(iv) any provision of this Act that sub- SEC. 613. NUCLEAR DECOMMISSIONING OBLIGA- ciency and capacity of each nuclear jects an offender to a fine, imprisonment, or TIONS OF NONLICENSEES. powerplant. both. (a) IN GENERAL.—The Atomic Energy Act This bill takes safe, legitimate steps ‘‘(3) OTHER AUTHORITY.—The arrest author- of 1954 is amended by inserting after section ity conferred by this section is in addition to 241 (42 U.S.C. 2015) the following: toward bringing more nuclear power any arrest authority under other law. ‘‘SEC. 242. NUCLEAR DECOMMISSIONING OBLIGA- online, providing incentives to increase ‘‘(4) GUIDELINES.—The Secretary and the TIONS OF NONLICENSEES. nuclear power efficiency, and strength- Commission, with the approval of the Attor- ‘‘(a) DEFINITION OF FACILITY.—In this sec- ening the pursuit of needed reprocess- ney General, shall issue guidelines to imple- tion, the term ‘facility’ means a commercial ing technologies. I look forward to the ment section 161k. and this subsection.’’. nuclear electric generating facility for which debate on this bill and providing this (b) CONFORMING AMENDMENT.—The table of a Federal nuclear obligation is incurred. ‘‘(b) DECOMMISSIONING OBLIGATIONS.—After Nation with a safe, economical, and en- contents of the Atomic Energy Act of 1954 (42 vironmentally safe energy supply. U.S.C. prec. 2011) (as amended by section public notice and in accordance with section 7(b)(2)) is amended by adding at the end of 181, the Commission shall establish by rule, Mr. MURKOWSKI. Mr. President, I the items relating to chapter 14 the fol- regulation, or order any requirement that rise today to congratulate Senator lowing: the Commission considers necessary to en- DOMENICI on the introduction of his sure that a person that is not a licensee (in- very fine bill regarding nuclear energy ‘‘Sec. 170D. Carrying of firearms.’’. cluding a former licensee) complies fully SEC. 609. COST RECOVERY FROM GOVERNMENT with any nuclear decommissioning obliga- in this country. He has been a strong AGENCIES. tion.’’. advocate of strengthening and reas- Section 161w. of the Atomic Energy Act of (b) CONFORMING AMENDMENT.—The table of sessing the US approach to nuclear 1954 (42 U.S.C. 2201(w)) is amended— contents of the Atomic Energy Act of 1954 (42 technologies and this bill goes a long

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.043 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1983 way toward attaining these goals. Sen- clear energy. Nuclear energy is on the above mentioned sources of electricity ator DOMENICI has been an active par- upswing. Four or five years ago, who has unique advantages and disadvan- ticipant in all aspects of nuclear pro- would have thought we would hear talk tages. While it would not be wise to duction, nonproliferation and our na- of buying and selling plants and even rely too heavily on any single fuel for tion’s security and has been very help- building new plants. But it is hap- its electricity, we must not allow our ful to me in my role as Chairman of the pening! In this deregulated environ- misconceptions to dissuade us from ig- Energy and Natural Resources Com- ment, nuclear plants are becoming hot noring others altogether. mittee. He has always been supportive commodities, if you will pardon the One source of energy which I believe of efforts to deal with our nation’s nu- pun. we are not making proper use of is nu- clear waste and recently co-sponsored And US industry is actually putting clear power. There are currently 103 my ‘‘National Energy Security Act of its money where its mouth is. By the nuclear power plants in this country 2001,’’ a bipartisan approach to ensur- end of 2001, Chicago-based Exelon Cor- but no new plants have been ordered ing our nation’s energy security. poration will have invested $15 million since 1978. Two of these plants are lo- Senator DOMENICI’s bill is significant in a South African venture to build a cated in my state of Louisiana where because it addresses both short-term pebble bed modular reactor. Designed nuclear power generates 15 percent of and long-term issues. Our bills share to be simpler, safer, and cheaper than the electricity. We have witnessed many provisions, including: renewal of current light-water reactors, these peb- firsthand the numerous benefits of nu- the Price-Anderson Act, authorizations ble bed reactors have captured the at- clear energy. First, nuclear energy is efficient and for Nuclear Energy Research Initiative, tention of several companies and the cost effective due to low operating NERI, Nuclear Energy Plant Optimiza- NRC and Senator DOMENICI’s bill will costs and high plant performance. Also, tion, NEPO, and Nuclear Energy Tech- help to smooth the path for new reac- nuclear energy is reliable in that it is nology Programs, NETP, encouraging tor technologies. not subject to unreliable weather or nuclear energy efficiencies, and cre- If we ever hope to achieve energy se- climate conditions, unpredictable cost ation of an office of spent nuclear fuel curity and energy independence in this fluctuations or dependence on foreign research. country, we cannot abandon the nu- suppliers. Thirdly, contrary to popular Short-term goals of increasing effi- clear option. It is an important and in- perception, nuclear energy has perhaps ciencies are especially important in a tegral part of our energy mix. Our the lowest impact on the environment time when this country is running economy depends on nuclear energy. including air, land, water and wildlife short of generation capacity. What is Our national security depends on nu- of any energy source because it emits happening in California could happen clear energy. Our environment depends no harmful gases into the environment, elsewhere and we need to ensure we get on nuclear energy. Our future depends the most of existing generation. In isolates its waste from the environ- on nuclear energy. ment and requires less area to produce 1999, U.S. nuclear reactors achieved If we do not create reasonable energy the same amount of electricity as close to 90 percent efficiency. Total ef- diversity with an increased reliance on other sources. Finally, although many ficiency increases during the 1990’s at nuclear generation, we endanger our- people associate the issue of nuclear existing plants was the equivalent of selves, our future, and our children’s power with the accident at Three Mile adding approximately twenty-three future. Island in 1979, its safety record has 1,000 megawatt power plants. And keep Ms. LANDRIEU. Mr. President, today been excellent, particularly in com- in mind, that is all clean, non-emitting I rise as an original co-sponsor of the parison with other major commercial generation. Despite what environ- Nuclear Energy Electricity Supply As- energy technologies. mentalists want you to think, nuclear surance Act of 2001. I commend the sen- The bill being introduced today will is clean. It is the largest source of U.S. ior Senator from New Mexico for his help provide nuclear power with its emission free generation, producing ap- passion and persistence on this issue. proper place in the energy policy de- proximately 70 percent of our nation’s The U.S. is currently experiencing bate taking place in our country. Three clean-burning generation in 1999. unusually high and volatile energy of the more important provisions con- In addition, Senator DOMENICI’s bill prices. Residents of my state of Lou- tained in this legislation are: the en- encourages and funds long-term isiana as well as citizens across the couragement of new plant construction progress in nuclear issues. If we are to country are facing abnormally high gas through loan guarantees to complete have a viable nuclear industry in the prices this winter and cannot pay their unfinished plants; the assurance of a future, we must have properly educated bills. While there are some steps we level playing field for nuclear power by and trained professionals. To achieve can take in the short run to help, the making it eligible for federal ‘‘environ- that goal, Senator DOMENICI’s bill en- situation is complex in nature and any mentally preferable’’ purchasing pro- courages education in the hard sciences attempt at an overall solution will re- grams and research supporting regula- by funding recommendations made by quire a number of different remedies tions for new reactor designs with the Nuclear Energy Research Advisory over the long run focusing on both the proper focus on safety and efficiency. Committee to support nuclear engi- supply and demand side of the equa- Over the next several months the neering. Senator DOMENICI’s bill also tion. members of the United States Senate encourages developing waste solutions, The need to increase our domestic will engage in a critical debate over a problem that has bedeviled the indus- supply of energy is apparent. One of the future of our nation’s energy pol- try since the first fuel rods were re- the great strengths of the electric sup- icy. I look forward to participating in moved from a commercial plant. The ply system in this country is the con- this discussion and advocating for the federal government said it would take tribution that comes from a variety of important role of nuclear power. While responsibility for this waste but has fuels such as coal, nuclear, natural gas, development of nuclear power alone yet to do so. Senator DOMENICI’s ‘‘Of- hydropower, oil and renewable energy. will not take care of our energy needs, fice of Spent Nuclear Fuel Research’’ The diversity of available fuels we have it should be part of the answer. would develop a national strategy for at our disposal should enable us to bal- Mr. CRAIG. Mr. President, I am very spent fuel, including the study of re- ance cost, availability and environ- pleased to stand with my friend and processing and transmutation. The bill mental impacts to the best advantage. colleague, Senator PETE DOMENICI, as also includes authorization for ad- Unfortunately, we have not made ade- an original cosponsor of the Nuclear vanced accelerator applications and ad- quate use of this supply. Energy Electricity Supply Assurance vanced fuel recycling technology devel- While most of the attention this win- Act of 2001. Following on the heels of opment. ter has focused on the role of natural the introduction of the comprehensive Unless this nation is able to address gas, coal and nuclear energy actually energy bill last week, this bill takes a the nuclear waste issue, we are in dan- both make a larger contribution to the closer look at nuclear energy specifi- ger of losing the nuclear option. And in electricity supply system of the United cally and lays out a concrete plan to this time of increasing demand for States, representing approximately 55 secure the continued viability of nu- clean, stable, reliable sources of en- and 20 percent respectively of our na- clear energy, our largest source of ergy, we just can’t afford to lose nu- tion’s electricity supply. Each of the emissions, free electricity.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.122 pfrm08 PsN: S07PT1 S1984 CONGRESSIONAL RECORD — SENATE March 7, 2001 Let me also note that I am very Given these predictions, I am Idaho. One of the reasons I am so opti- pleased that this is a bipartisan effort. alarmed by our current dependence on mistic about the ability of this country I appreciate my colleagues from across imported energy. I think it represents to tackle these tough energy chal- the aisle who are joining with us in ac- a very serious vulnerability in our en- lenges is the good work that I have knowledging that it is vital to take ergy picture. This situation makes it seen coming out of our laboratories. steps now in support nuclear energy critical that the Senate act on energy When we unleash our best minds on and thereby, help to increase our en- legislation, to put in place the long these issues, really wonderful ideas ergy independence. term steps that will help us climb out come forth. That kind of creativity and The Nuclear Energy Electricity Sup- of the energy deficit we find ourselves initiative is what this bill is attempt- ply Assurance Act of 2001 is a package in. Problems, such as the current en- ing to harness. of measures which help our current en- ergy crisis, that have been years in the I am excited to be a part of this bill ergy situation by supporting nuclear making will not be remedied overnight, and I thank Senator DOMENICI for energy research and development, by but we need to start taking steps now partnering with me early on in the de- encouraging new plant construction, to improve what we can. velopment of this bill and soliciting by assuring a level playing field for nu- Taking constructive steps to my input. I think we have a good prod- clear power by acknowledging strengthen our energy picture is what uct. As we move forward, I am sure we nuclear’s clean air benefits, and by im- the Nuclear Energy Electricity Supply will receive additional innovative proving the regulatory process. Al- Assurance Act of 2001 is about. One of ideas. That is the challenge to all of us though the bill does not explicitly ad- the first steps to be taken, is to recog- as we address our energy crisis—bring- dress the nuclear waste repository at nize the tremendous contribution that ing the best ideas to bear. This bill is Yucca Mountain, the bill does create nuclear energy already is making to a good start to that process. an Office of Spent Nuclear Fuel Re- our domestic energy picture. I think search at the Department of Energy my colleagues might be surprised to By Mr. CRAPO: S. 473. A bill to amend the Elemen- and provides for research into advanced hear that the U.S. nuclear industry is tary and Secondary Education Act of nuclear fuel recycling technologies considered the strongest in the world. such as those being studied at Argonne 1965 to improve training for teachers in Measured in terms of output, the U.S. National Laboratory in Idaho. the use of technology; to the Com- nuclear program is as large as the pro- If my colleagues are wondering why mittee on Health, Education, Labor, grams of France and Japan combined. it is important that we address the en- and Pensions. ergy issue, they need look no further Nuclear energy recently replaced coal Mr. CRAPO. Mr. President, I rise than the headlines. However, I would as having the lowest electricity pro- today to introduce the Training Teach- like to bring my colleagues’ attention duction cost, approximately 1.83 cents. ers for Technology Act of 2001, a bill to The process for extending nuclear to a study that was recently released allow states to provide assistance to power plant licenses has been success- on the subject of energy. The Center local educational agencies to develop for Strategic and International Studies fully demonstrated by the Nuclear Reg- innovative professional development here in Washington, DC, recently re- ulatory Commission. Two plants have programs that train teachers to use leased its study entitled, ‘‘The Geo- been successfully relicensed and three technology in the classroom. politics of Energy into the 21st Cen- more are in the process now. Addition- As your know, education technology tury.’’ Their findings are sobering and ally, the nuclear industry continues to can significantly improve student I want to take a moment to highlight improve the efficiency of its currently achievement. Congress has recognized some of their conclusions. I do this to operating nuclear plants. During the this fact by continually voting to dra- provide the global context for our en- past 10 years, these gains in efficiency matically increase funding for edu- ergy picture and to explain why it is so have added 23,000 megawatts to the cation technology. In fact, in just the critical that this nuclear energy bill power grid. This is the equivalent of programs under the Elementary and and the comprehensive energy package adding 23 additional 1,000 megawatt Secondary Education Act, ESEA. Fed- introduced last week receive our full power plants. This additional power eral support has grown from $52.6 mil- attention. has satisfied approximately 30 percent lion in Fiscal Year 1995, to over $700 This study on the geopolitics of en- of the growth in U.S. electricity de- million just five years later. As we de- ergy found that during the next 20 mand during the 1990s. bate the upcoming reauthorization of years, energy demand is projected to What I have not mentioned in all ESEA, I will be working to support leg- expand more than 50 percent and that this, is the important contribution nu- islation that builds on the strong edu- electricity will continue to be the most clear energy makes in meeting clean cational technology infrastructure al- rapidly growing sector of energy de- air goals. If this nuclear generation ready in place in school districts in mand. Energy supply, not simply re- were not in place, some other carbon- nearly every state. ductions in demand, will need to be ex- emitting source of generation would But we need to do more than simply panded substantially to meet this de- probably be taking its place. In fact, if place computers in classrooms. We mand growth and that the choice of you look at the portfolio of emission- need to provide our educators with the primary fuel used to supply power free power generation in the U.S., nu- skills they need to incorporate evolv- plants will have important effects on clear energy comprises about 69 per- ing educational technology in the the environment. Interestingly, this cent of our emission-free power, with classroom. My bill does exactly that. It growth in demand will not be fueled hydroelectric power making up about will encourage states to develop and primarily by the United States, as 29 percent and the remaining less than implement professional development some might think. Developing econo- 2 percent is made up by geothermal, programs that train teachers in the use mies in Asia and in Central and South wind and solar. of technology in the classroom. Effec- America will show the greatest in- The Nuclear Energy Electricity Sup- tive teaching strategies must incor- crease in consumption. ply Assurance Act of 2001 will author- porate educational technology if we are The study points out that although ize the exploration of advanced nuclear to ensure that all children have the the world drew some portion of its en- reactor designs which meet the goals of skills they need to compete in a high- ergy supplies from unstable countries being economic, having enhanced safe- tech workplace. An investment in pro- and regions throughout much of the ty features, while also reducing the fessional development for our teachers twentieth century, by the year 2020, production of spent fuel. The develop- is an investment in our children and fully 50 percent of estimated total glob- ment of ‘‘Generation Four’’ nuclear re- our future. al oil demand will be met from coun- actors is something I am really excited Specifically, the legislation I am in- tries that pose a high risk of internal about because much of the work done troducing today would allow local edu- instability. Furthermore, the study so far on Generation Four reactor de- cation agencies to apply once for all concludes that a crisis in one or more sign has been done at the Idaho Na- teacher training technology programs of the world’s key energy-producing tional Engineering and Environmental within the National Challenge Grants countries is highly likely at some point Laboratory and at Argonne West Na- for Technology in Education, the Tech- between now and the year 2020. tional Laboratory in my home state of nology Literacy Challenge Fund, and

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.069 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1985 Star Schools. The U.S. General Ac- professional development opportuni- S. 475. A bill to provide for rural edu- counting Office reported that there are ties, our teachers are equipped to posi- cation assistance, and for other pur- more than thirty federal programs, ad- tively influence and inspire every child poses; to the Committee on Health, ministered by five different federal in their classroom. Teachers are the Education, Labor, and Pensions. agencies, which provide funding for backbone of education. They are our Mr. CRAPO. Mr. President, I rise education technology to K–12 schools. most important assets, therefore, we today to introduce the Rural Edu- My measure would reduce the financial must continue to give them the sup- cation Initiative Act, which makes and paperwork burden to primarily port and appreciation they deserve. Federal grant programs more flexible small, poor, rural districts that don’t As Congress takes up the reauthor- in order to help school districts in have the resources to hire full time ization of the Elementary and Sec- rural communities. Serving to com- staff to handle grant writing for all of ondary Education Act, ESEA, the focus pliment President George W. Bush’s these different programs. Instead, will shift to the recruitment and reten- education proposal, school districts schools would be able to apply once for tion of good teachers. That is why my participating in this initiative are ex- federal technology assistance, and then legislation is so essential. While using pected to meet high accountability combine their funds to develop a com- no new funds, the bill would strengthen standards. prehensive program that integrates existing language by making rec- Targeting only those school districts technology directly into the cur- ommendations on current mentoring in rural communities with fewer than riculum and provides professional de- programs. My proposal outlines the 600 students, this proposal reaches out velopment for teachers. My bill adopts principal components of mentoring to small, rural districts that are often the principles of simplicity and flexi- programs that would improve the expe- disadvantaged through our current for- bility. This is what schools are asking rience of new teachers, as well as pro- mula-driven grant system. There is tre- for, so this is what we should give vide incentives for alternative teacher mendous need in rural states like Idaho them. certification and licensure programs. because many of the traditional for- My legislation helps those smaller Mentoring is a concept that has been mula grants do not reach our small schools that might ordinarily be un- around for years, but only recently rural schools. And what money does fairly disadvantaged through tradi- have educators and administrators reach these schools is in amounts in- tional grant programs. Idaho’s public begun to talk about its real benefits. sufficient for affecting true curriculum schools are excelling rapidly in their We all know that good teachers are not initiatives. In other works, schools understanding of how technology can created over night. It is only after may not receive enough funding from enhance the teaching and learning en- years of dedication and discipline that any individual grant to carry out teachers themselves admit that they vironments in Idaho’s classrooms. I meaningful activities. truly feel comfortable in their class- would like to extend this same em- My proposal addresses this problem rooms. Unfortunately, though, we see powerment to public schools through- by allowing districts to combine funds the highest level of turn-over among out the nation. Investing in technology from four independent programs to ac- beginning teachers, one-third of teach- training for teachers will make a sig- complish locally chosen educational ers leave the profession within 5 years. nificant difference in the lives of our goals. Under this plan, districts would Our goal must be to work with new children. be able to use their aggregate funds to teachers to assure they are confident An opportunity has arisen where we, support local or statewide education in their roles and to secure their par- Members of the United States Senate, reform efforts intended to improve the ticipation in the teaching profession are able to help many students who achievement of elementary and sec- for years to come. face unique challenges and uncertain My legislation will ensure program ondary school students. I am asking for futures. I hope you agree that a strong quality and accountability by requir- an authorization of $125 million for technology component for all students ing that teachers mentor their peers small rural and poor rural schools, a is necessary and essential in facili- who teach the same subject, and activi- small price that could produce large re- tating student achievement, and that ties are consistent with state stand- sults. through proper professional develop- ards. Under the supervision and guid- Any school district participating in ment our children will be provided an ance of a senior colleague, teachers are this initiative would have to meet high unparalleled opportunity for a better more likely to develop skills and accountability standards. It would education. achieve a higher level of proficiency. have to show significant statistical im- I urge my colleagues to support this The confidence and experience gained provement in reading and math scores, legislation and work for its inclusion during this time will improve the qual- based on state assessment standards. in the reauthorization of the ESEA. ity of instruction, which in turn will Schools that fail to show demonstrable improve overall student achievement. progress will not be eligible for contin- By Mr. CRAPO: Attracting and retaining quality ued funding. In other words, this plan S. 474. A bill to amend the Elemen- teachers is a difficult task, especially rewards success, while injecting ac- tary and Secondary Education Act of in rural impoverished areas. As a re- countability and flexibility. 1965 to improve provisions relating to sult, teacher shortage and high turn- In reauthorizing the Elementary and initial teaching experiences and alter- over are commonplace in rural commu- Secondary Education Act, ESEA, Con- native routes to certification; to the nities in almost every state in the na- gress has an extraordinary opportunity Committee on Health, Education, tion. In addition to retention, recruit- to change the course of education. We Labor, and Pensions. ment must also be at the core of our ef- must embrace this opportunity by sup- Mr. CRAPO. Mr. President, I rise forts. My bill will provide incentives, porting creative and innovative reform today to introduce the Professional De- and grant states the flexibility to es- proposals, like the one that I have in- velopment Enhancement Act to tablish, expand, or improve alternative troduced here today. I am committed strengthen and improve professional teacher certification and licensure pro- to working in the best interest of our development opportunities for teach- grams. children to develop an education sys- ers. I do not expect this legislation to tem that is the best in the world. The Improving the quality of teaching in solve all the problems confronting our Rural Education Initiative moves us in America’s classrooms has been a pri- schools today. But, I do see it as a the right direction and I hope my col- ority of mine since the day my oldest practical way to help make our schools leagues will join me in supporting this child walked through the door of her stronger by providing teachers with measure. I urge the Senate Health, public school. While I know that my the tools to grow as professionals. Education, Labor and Pensions Com- five children were, and still are, fortu- I urge my colleagues to support the mittee to incorporate this provision nate to have outstanding teachers, I Professional Development Enhance- into the upcoming ESEA bill. am keenly aware that others are not so ment Act and work for its inclusion in fortunate. Nothing can replace quali- the reauthorization of the ESEA. By Mrs. CLINTON (for herself, fied teachers with high standards and a Mr. KENNEDY, Mrs. MURRAY, desire to teach. Coupled with ongoing By Mr. CRAPO. Mr. LEAHY, Ms. MIKULSKI, Mr.

VerDate 23-FEB-2001 04:43 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.045 pfrm08 PsN: S07PT1 S1986 CONGRESSIONAL RECORD — SENATE March 7, 2001 REED, Mr. SCHUMER, and Mr. my term. And that is why I am proud our nation’s values as well as our indi- CORZINE): to introduce the National Teacher and vidual aspirations for our children. And S. 476. A bill to amend the Elemen- Principal Recruitment Act. My legisla- I hope that we will find support for tary and Secondary Education Act of tion will create a National Teacher doing something to work with our 1965 to provide for a National Teacher Corps that can bring up to 75,000 tal- states and localities to meet this crisis. Corps and principal recruitment, and ented teachers a year into the schools for other purposes; to the Committee that need them the most. The National By Mr. ROBERTS (for himself, on Health, Education, Labor, and Pen- Teacher Corps can make the teaching Mr. KENNEDY, and Mr. BINGA- sions. profession more attractive to talented MAN): Mrs. CLINTON. Mr. President, I come people in our society in several ways. S. 478. A bill to establish and expand to the Floor today to raise an issue One is by providing bonuses for mid-ca- programs relating to engineering, that appears to be a foreshadowing na- reer professionals interested in becom- science, technology and mathematics tional crisis. Every year we are losing ing teachers. In this fast-paced world, education, and for other purposes; to more teachers than we can hire and more and more people are changing ca- the Committee on Health, Education, many of our children are left in class- reer paths several times during their Labor, and Pensions. rooms without full-time permanent working lives. A financial bonus plan Mr. ROBERTS. Mr. President, today, teachers to lead them in the way that can help attract people from other pro- even as I speak, the members of the they need and deserve to learn. fessions. Health, Education, Labor, and Pen- The teacher shortage in the United The National Teacher Corps will also sions Committee are in the process of States is projected to reach a stag- make more scholarships available for marking up the BEST bill. The BEST gering 2.2 million teachers in the next college and graduate students, and cre- bill is an acronym describing an effort ten years. And, these shortages have ate new career ladders for teacher to try to put together the reauthoriza- already begun for communities across aides—to become fully certified teach- tion of the Elementary and Secondary my state as well as throughout the ers. And it will ensure that new teach- Education Act. country. In New York, a third of up- ers get the support and professional de- I think without question, in poll state teachers and half of New York velopment they need both to become— after poll taken in America, trying to City teachers could retire within the and remain—effective teachers. determine what the American citizenry next five years that’s approximately This bill will also create a national is concerned about, every one of the 100,000 teachers across the State. In teacher recruitment campaign to pro- polls show the No. 1 issue of concern on order to deal with these shortages, far vide good information to prospective the minds of American citizens today too many of our schools are forced to teachers about resources and routes to is education. hire emergency certified teachers or teaching through a National Teacher Today I am very proud to announce I long-term substitutes to get through Recruitment Clearinghouse. am joined by my colleagues, Senator the year. I remember one story about a And, finally, the bill will create a Na- BINGAMAN and Senator KENNEDY, and little girl in Far Rockaway, Queens tional Principal Corps to help bring there will be other cosponsors as well, who in March of last year had already more highly qualified individuals into but they are the original cosponsors in had nine teachers so many she couldn’t our neediest schools. Like the Teacher introducing legislation I think without remember all of their names. Her Corps, the Principal Corps will be fo- question addresses a very critical need mother was worried sick that her child cused on attracting good candidates within the American educational sys- was not getting the instruction she and providing them with the tem, and also in regard to our national needed, but her mother felt powerless mentorship and professional develop- security, as well; that is, the need to to do anything about the situation. ment they need to succeed. improve math and science education. And, at one school in Albany, the prin- I am introducing this bill to make As a member of the Health, Edu- cipal has to regularly fill-in for absent sure that all teachers who step into cation, Labor, and Pensions Com- teachers because there are no sub- classrooms and all principals who step mittee, I want to work with Members stitutes available. into leadership in their schools have on both sides of the aisle. That is what The teacher shortage in New York we are attempting to do in the markup State is only expected to get more dire the expertise, the knowledge, and the this morning: to address the immediate in the next few years as more teachers support they need to meet the highest need to improve and enhance the retire. Now, in New York City, we possible standards for all of our chil- K-through-12 math and science edu- know that many teachers decide to dren, who deserve nothing less. Now, if a community were running cational level in the United States. leave the City for better working con- short of water, a state of emergency Simply put, the American edu- ditions and higher salaries in the sur- cational system is not producing rounding areas. would be declared and the National Last week, we learned from the Guard would ship in supplies overnight. enough students with specialized skills United Federation of Teachers in New If a community runs short of blood in engineering, science, technology, York City that 7,000 teachers are ex- supplies, the Red Cross stages emer- and math to fill many of the jobs cur- pected to retire this year alone from gency blood drives to ensure that pa- rently available that we need and that the city’s public schools. In Buffalo, 231 tients have what they need. Our com- are vital to the United States. Other teachers retired last year, compared munities are running short of good countries are simply outpacing us in with an average of 92 in each of the teachers and principals, and they are the number of students in education in preceding eight years. In addition, Buf- as important to our children’s future EMST, engineering, math, science, and falo lost 50 young teachers who moved as any other role that I can imagine. technology study. As a result of this on to other jobs or other school dis- That’s what makes it so important for shortage of skilled workers, Congress tricts. us to act now. had to increase the number of H–1B Not only are we losing teachers, but Providing good teachers and prin- visas by almost 300,000 from fiscal year principals are becoming more scarce as cipals to schools is a local issue, but it 2000 to fiscal year 2002. well. Many of our schools in New York should be a national concern. And to Now, the United States will need to City opened their doors this year with- have a partnership with our governors produce four times as many scientists out principals. In fact, New York City and our mayors, our school super- and engineers than we currently is expected to lose 50 percent of their intendents and others is a way that produce in order to meet our future de- principals in the next five years. That will really help us begin to address this mand. The technology community is just an unacceptable rate of attri- crisis. I hope that all of us on both alone will add 20 million jobs in the tion. We simply cannot afford to lose sides of the aisle and in the public and next decade that require technical ex- people who provide instructional lead- private sector will join together to pertise. The U.S. has been a leader in ership and direction to help teachers do make sure we have the supply of teach- technology for decades and the new their best every day. ers that we need. It certainly is the economy has created and will continue Mr. President, that’s why I have cho- most important public activity any of to create an ample number of jobs that sen to focus on this issue so early in us can engage in, and it’s important to require this kind of skilled workforce.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.047 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1987 While increasing the number of visas training software and instructional Force Base in Dayton. At that time, will assist our American economies materials, master teacher programs Mrs. Robbins was more than eight with their current labor shortage in that aid other teachers and bring ex- months pregnant with a daughter they specialty and technical areas, we need pertise in math, science, or technology. named Jasmine. On September 12, 1996, to focus on long-term solutions And finally, expansion of the Eisen- in a fit of rage, Airman Robbins through the education of our children. hower National Clearinghouse to allow wrapped his fist in a T-shirt and sav- Improving our students’ knowledge access via the Internet to real pro- agely beat his wife by striking her re- of math and science and technology is grams that effectively teach science peatedly about the head and abdomen. not only a concern of American compa- and math. Fortunately, Mrs. Robbins survived the nies to remain competitive but should Third, the bill makes teaching violent assault. Tragically, however, also be a concern of our U.S. national science and math more attractive for her uterus ruptured during the attack, security. The distinguished acting Pre- teachers. The EMST bill provides men- expelling the baby into her abdominal siding Officer, the Senator from Okla- toring for teachers to encourage them cavity, causing Jasmine’s death. homa, has the privilege, along with me, to stay in their profession, in addition Air Force prosecutors sought to pros- to serve on the Senate Armed Services to educating our high school students ecute Airman Robbins for Jasmine’s Committee. He is the chairman of the about the course of study to enter the death, but neither the Uniform Code of Readiness Subcommittee. I am in science, math, and the teaching field. Military Justice nor the federal code charge of a subcommittee called Mr. President, I encourage all my makes criminal such an act which re- sults in the death or injury of an un- Emerging Threats and Capabilities. colleagues to support increasing our K- born child. The only available federal Guess what is now a real threat, not through-12 teachers’ ability to teach offense was for the assault on the an emerging threat. According to the math, science, and technology to our mother. This was a case in which the latest reports on national security, the students and encourage these students only available federal penalty did not lack of engineering, science, tech- to enter into EMST fields by sup- fit the crime. So prosecutors nology, and math education, beginning porting this legislation. bootstrapped the Ohio fetal homicide at the K-through-12 level, imposes a I don’t think it is an exaggeration to law to convict Airman Robbins of Jas- great security threat. We don’t have say our future depends on it. mine’s death. Fortunately, upon ap- the people to do the job to protect our peal, the court upheld the lower court’s country in regard to cyber threats and By Mr. DEWINE (for himself, Mr. HUTCHINSON, Mr. HATCH, Mr. ruling. the many other threats that certainly If it hadn’t been for the Ohio law that threaten our national security. VOINOVICH, Mr. BROWNBACK, Mr. ENSIGN, Mr. ENZI, Mr. HAGEL, was already in place, there would have The report issued by the U.S. Com- been no opportunity to prosecute and Mr. HELMS, Mr. INHOFE, Mr. mission on National Security for the punish Airman Robbins for the assault 21st century reports: NICKLES, and Mr. SANTORUM): S. 480. A bill to amend titles 10 and against Baby Jasmine. That’s why we The base of American national security is need a Federal remedy to avoid having the strength of the American economy. 18. United States Code, to protect un- born victims of violence; to the Com- to bootstrap state laws to provide re- And our education system. mittee on the Judiciary. course when a violent act occurs dur- ing the commission of a federal crime. Therefore, the health of the U.S. economy Mr. DEWINE. Mr. President, I rise depends not only on citizens that can today to speak, once again, on behalf of A federal remedy will ensure that produce and direct innovation, but also on a crimes within federal jurisdiction populace that can effectively assimilate the unborn children who are the silent vic- tims of violent crimes. Today, along against unborn victims are punished. new tools and the technologies. This is crit- Let me give you another example. In with my distinguished colleagues, Sen- ical not just for the U.S. economy in general August 1999, Shiwona Pace of Little but specifically for the defense industry, ators HUTCHINSON, HATCH, VOINOVICH, Rock, Arkansas, was days away from which simultaneously develops and defends BROWNBACK, ENSIGN, ENZI, HAGEL, giving birth. She was thrilled about her against the same technologies. HELMS, INHOFE, NICKLES, and pregnancy. Her boyfriend, Eric Bul- This is not only true in regard to SANTORUM, I am introducing a bill lock, however, did not share her joy that commission report, what we call called the ‘‘Unborn Victims of Violence and enthusiasm. In fact, Eric wanted the Hart-Rudman report, but it is true Act of 2001,’’ which would create a sep- the baby to die. So, he hired three in regard to the reports by the Bremer arate offense for criminals who injure thugs to beat his girlfriend so badly commission, by the Gilmore commis- or kill an unborn child. that she lost the unborn baby. Accord- sion, and the CSIS study. Commission Our bill, which is similar to legisla- ing to Shiwona, who testified at a Sen- report after commission report says we tion we sponsored in the 106th Con- ate Judiciary hearing we held in Wash- are lacking in regard to this kind of ex- gress, would establish new criminal ington on February 23, 2000: ‘‘I begged pertise and this kind of skill. penalties for anyone injuring or killing and pleaded for the life of my unborn The EMST bill builds on several a fetus while committing certain fed- child, but they showed me no mercy. In goals outlined in the National Commis- eral offenses. Therefore, this bill would fact, one of them told me, ‘Your baby sion on Mathematics and Science and make any murder or injury of an un- is dying tonight.’ I was choked, hit in Teaching of the 21st century. That is born child during the commission of the face with a gun, slapped, punched the rather famous and well-read report certain existing federal crimes a sepa- and kicked repeatedly in the stomach. now called the Glenn report. These rate crime under federal law and the One of them even put a gun in my goals include: Uniform Code of Military Justice. mouth and threatened to shoot.’’ First, establishing an ongoing system Twenty-four states already have In this particular case, just a few to improve science and math education criminalized the killing or injuring of short weeks before this vicious attack, in K–12. The legislation we have intro- unborn victims during a crime. The Arkansas passed its ‘‘Fetal Protection duced would accomplish this through Unborn Victims of Violence Act simply Act.’’ Under the state law, Erik Bul- afterschool and day-care opportunities acknowledges that violent acts against lock was convicted on February 9, 2001, for more hands-on learning and pro- unborn babies are also criminal when of capital murder against Shiwona’s gramming that is focused on math and the assailant is committing a federal unborn child and sentenced to life in science. It also strives to make all mid- crime. prison without parole. He was also con- dle school graduates technology lit- We live in a violent world. And sadly, victed of first degree battery for harm erate through a technology training sometimes, perhaps more often than we against Shiwona. program. realize, even unborn babies are the tar- In yet another example, this one in Second, it does increase the number gets, intended or otherwise, of violent Columbus, 16-year-old Sean Steele was of math and science teachers and im- acts. I’ll give you some disturbing ex- found guilty of two counts of murder prove their preparation. EMST accom- amples. for the death of his girlfriend Barbara plishes this by several means, includ- In 1996, Airman Gregory Robbins and ‘‘Bobbie’’ Watkins, age 15, and her 22- ing intensive summer development in- his family were stationed in my home week-old unborn child. He was con- stitutes, grants for teacher technology state of Ohio at Wright-Patterson Air victed under Ohio’s unborn victims

VerDate 23-FEB-2001 04:46 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.049 pfrm08 PsN: S07PT1 S1988 CONGRESSIONAL RECORD — SENATE March 7, 2001 law, which represented the first murder since the one that occurred in 1990– rates will eventually help, but we cannot conviction in Franklin County, Ohio, 1991. At that time, the old economic as- assure that they will do the job all by in which a victim was a fetus. sumptions were shattered and new ones themselves. Look at one more example. In the born. Over the past 5 years, it seemed Senator CORZINE and I agree. We Oklahoma City and World Trade Center as if nothing could stop the American think there are several perspectives bombings, Federal prosecutors were economy from roaring on. from which this issue must be viewed. able to charge the defendants with the It was during this comparatively se- The first is the contextual perspective: murders of or injuries to the mothers, rene time that then-candidate George How large a tax cut can the American but not to their unborn babies. Again, W. Bush, in the debates leading up to economy and the Federal fiscal system federal law currently fails to crim- the Iowa caucus in the winter of 1999– sustain? We share the belief that we inalize these violent acts. There are no 2000, announced his plan to cut taxes are facing a serious demographic chal- federal provisions for the unborn vic- by $1.6 trillion over the next 10 years. lenge in the next 10 to 15 years, as tims of federal crimes. The landscape has shifted dramati- large numbers of persons born imme- Our bill would make acts like this, cally since the winter of 1999 to the diately after World War II will retire acts of violence within federal jurisdic- spring of 2001. That shift in the land- and place unique strains on our Na- tion, Federal crimes. This is a very scape did not just occur in Seattle. To- tion’s Social Security and Medicare simple step, but one that will have a day’s headlines are filled with ominous system. That is but one example of the dramatic effect. news. Economic activity in the manu- kinds of steps that we need to be cog- The fact is that it’s just plain wrong facturing sector declined in February nizant to take and prepare for which that our federal government does abso- for the seventh consecutive month. will utilize a portion of our current lutely nothing to criminalize violent DaimlerChrysler has laid off 26,000 surplus. acts against unborn children. We can- workers. Whirlpool has slashed the es- After we have determined how large not allow criminals to get away with timates of its earnings and plans 6,000 a tax cut is prudent in the context of murder. We must close this loophole. job cuts. Gateway is dismissing 3,000 these other responsibilities, the next As a civilized society, we must take a workers, 12.5 percent of its workforce. step is crafting a plan that can, in fact, stand against violent crimes against Over the past 2 months, layoffs total- be helpful in averting a prolonged eco- children, especially those waiting to be ing more than 275,000 jobs have been nomic slowdown. According to econo- born. We must close this loophole. announced. mists, a tax cut aimed at stimulating We purposely drafted this legislation This bad news has had, as would be the economy should have four charac- very narrowly. Because of that, our bill expected, a negative effect on con- teristics. would not permit the prosecution for sumers’ confidence. Consumers’ con- First, the tax relief should be simple any abortion to which a woman con- fidence has plunged 35 points from an enough to be enacted quickly. One of sented. It would not permit the pros- all-time high of 142.5 in September of the principal criticisms of the at- ecution of a woman for any action, 1999. tempts to use fiscal policy to stimulate legal or illegal, in regard to her unborn When their confidence is shaken, con- the economy on a short-term basis is child. Our legislation would not permit sumers stop spending. When consumers that, historically, Congress and the the prosecution for harm caused to the stop spending, the economy gets worse. President have been sufficiently slow mother or unborn child in the course of When the economy gets worse, con- in reaching agreement for enactment medical treatment. And finally, our sumer confidence falls further. The of such tax cuts that by the time the bill would not allow for the imposition cycle feeds on itself. tax relief is available, the problem has of the death penalty under this Act. In an attempt to staunch the bleed- passed. The longer Congress delib- It is time that we wrap the arms of ing, the Federal Reserve has twice low- erates, the less likely tax relief will get justice around unborn children and ered interest rates in January. Mone- to the American public in time to do protect them against criminal assail- tary policy, the adjustment of short- some good. Therefore, a simple, ants. Everyone agrees that violent as- term interest rates, is a trusted and straightforward approach is absolutely sailants of unborn babies are criminals. often effective tool in stimulating the essential to getting a bill passed quick- When acts of violence against unborn economy. I am confident that the Fed- ly. victims fall within federal jurisdiction, eral Reserve will continue to exercise The more components this tax relief we must have a penalty. We have an wise judgment. includes, the more debate, discussion, obligation to our unborn children who But there is a growing consensus that deliberation, and the likelihood of pro- cannot speak for themselves. I think more must be done, that fiscal policy crastination. Shiwona Pace said it best when she tes- can also play an important role in The second characteristic is the tax tified at our hearing, ‘‘The loss of any boosting the economy, if not imme- relief must be significant enough to potential life should never be in vain.’’ diately then certainly in the second have a measurable effect on the econ- I strongly urge my colleagues to join half of this year. In his testimony be- omy. The economists we have con- in support of this legislation. fore the Senate Budget Committee in sulted suggest that tax relief in the January, Chairman Alan Greenspan of amount of $60 billion to $65 billion By Mr. GRAHAM (for himself and the Federal Reserve Board stated: Mr. CORZINE): would boost the gross domestic product Should the current economic weakness by one-half to three-quarters of a per- S. 481. A bill to amend the Internal spread beyond what now appears likely, hav- Revenue Code of 1986 to provide for a ing a tax cut in place may in fact do notice- centage point. At a time when the 10-percent income tax rate bracket, able good. economy is at virtually zero growth, and for other purposes; to the Com- On February 13, Treasury Secretary that would be a welcome improvement. mittee on Finance. O’Neill told the House Ways and Means Third, the tax relief must be con- Mr. GRAHAM. Mr. President, with Committee that he, too, supports the spicuous. The more transparent the tax my colleague, I rise today to introduce use of fiscal policy as a tool to boost cut, the more positive effect it will the Economic Insurance Tax Cut of the economy. Mr. O’Neill said: have on consumer confidence. 2001. To the extent that getting it [the surplus] Finally, the tax relief must be di- In his 1862 message to Congress, back to them [the American people] sooner rected at those who will spend it. Two- President Abraham Lincoln surveyed can help stave off a worsening of the eco- thirds of the Nation’s economic output our fractured national horizon and con- nomic slowdown, we should move forward is based on consumer spending. Reces- cluded that: immediately. sions are largely a result of a letup in The occasion is piled high with difficulty Finally, during the President’s that consumer demand. Common sense and we must rise to the occasion. As our case speech to the Nation a week ago, he suggests that broad-based tax cuts, the is new, so we must think anew and act anew. stated: bulk of which are directed at low- and The same could be said about our Tax relief is right and tax relief is urgent. middle-income American families, are current circumstances. The United The long economic expansion that began al- much more likely to be the tax cuts States has not experienced a recession most 10 years ago is faltering. Lower interest that will stimulate consumption. Any

VerDate 23-FEB-2001 04:46 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.065 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1989 tax cut that claims to provide an eco- his tax cuts retroactive to the begin- enough to be able to have a meaningful nomic stimulus must be measured ning of this year and focus more to- effect on the economy. against these four standards. ward the bottom income brackets. We would propose that a large por- When scrutinized this way, both the Samuelson also argued that other tion of the first year’s tax relief be re- President’s proposal and the plan proposals, whatever their merit—mar- flected in workers’ paychecks during which was reported last week by the riage penalty relief, estate tax repeal, the second half of the year, precisely House Ways and Means Committee, and new incentives for charitable giving— the time that would be needed to fore- may, in fact, be voted on by the full should wait their place in line; that the stall a prolonged economic downturn. House as early as tomorrow, display first place in this line of America in The 10-year cost of this proposal is significant weaknesses. the year 2001 should be economic stim- $693 billion. This is less than half of the One, context: At $1.6 trillion, the ulation to keep this economy from fall- President’s total plan, and it could be Bush plan would consume nearly 75 ing into a deep ditch. reduced further if the Congress were to percent of the non-Social Security, Mr. President, I ask unanimous con- decide it wished to sunset any portion non-Medicare surplus, when interest sent that the columns by Robert Sam- of this tax cut before the end of the 10- costs are included. That leaves pre- uelson be printed in the RECORD imme- year period. cious few resources for other important diately after my remarks. Fourth, this proposal is simple. initiatives like desperately needed pre- The PRESIDING OFFICER. Without There is no reason this proposal could scription drugs for our seniors, mod- objection, it is so ordered. not be enacted by July 4. The Treasury ernization of our armed forces, improv- (See Exhibit 1.) would be directed to adjust its with- ing our schools. Mr. GRAHAM. Mr. President, Sen- holding tables as quickly as possible. No funds would be left to add to the ator CORZINE and I have an alternative Families could expect to see an in- debt reduction that can come through that makes the improvements to the crease in their paychecks by a reduc- the application of the surpluses coming President’s tax cut plan suggested by tion in the amount withheld for income into Social Security and Medicaid. The Mr. Samuelson, and makes it con- tax in time for their August vacations. Ways and Means proposal is a more ex- sistent with the characterization which Instead of staying home that week, pensive down-payment of the Bush plan I have outlined. Senator CORZINE and I they could take their children to the in that its implementation is pushed have an alternative that builds upon a beach or take themselves out to din- forward by a year. proposal included in the President’s ner. They could use the money to fix Two, simplicity: The President’s tax tax cut plan. the car and head for the mountains, or cut plan contains several complicated President Bush has proposed the cre- fix up the backyard and celebrate with proposals that will require Congress to ation of a new 10-percent rate bracket. a barbecue. In doing so, they could begin to re- carefully consider their ramifications. His proposal is that for incomes up to verse the cycle—to put money back This deliberation is likely to delay en- $6,000 for an individual and $12,000 for a into the economy, to feed expansion, to actment of the President’s plan until it couple, that the first $6,000 or $12,000 stimulate growth, to create jobs, to in- is too late to stimulate the economy. would be taxed at 10 percent rather crease Americans’ confidence in their Three, sufficiency: The president’s than the current 15 percent. The prob- budget tallies the total tax relief for economic future. lem with his proposal is that he pro- This tax cut would truly be the gift 2001 at $183 million. For 2002, the total poses to implement this change over 5 that keeps on giving. is $30 billion. Tax relief at that low years. It is not until the year 2006 that There is one additional benefit to level will do little to boost the econ- this plan is fully in place. proceeding in the manner that Senator omy. The President’s tax relief is so ORZINE Senator C and I propose to CORZINE and I are suggesting. Enacting small because it is phased in over a fully implement this 10-percent brack- this stimulative tax cut first and wait- five-year period. Phasing in tax relief et retroactive to January of this year. ing until later to address other tax is exactly the opposite policy to adopt In addition, we suggest the bracket matters will give Congress time to if your goal is economic stimulus. Even needs to be expanded so the incomes on evaluate the seriousness of the eco- the Ways and Means package, despite which it would apply would be $9,500 nomic downturn and to evaluate how applying retroactively to 2001, falls far for an individual, and $19,000 for a mar- effective this economic insurance pol- short of injecting tax cuts into the ried couple. icy has been in putting a foundation economy during the second half of this There are several reasons why we be- under that downturn. year. That plan provides only $10 bil- lieve their proposal makes sense. In particular, this time will give us a lion of ‘‘stimulus’’ during this period. First, it provides tax relief to a broad better idea of whether the slowing Four, propensity to Spend: Economic range of taxpayers. Every American in- economy will adversely affect the sur- stimulus occurs when consumers are come tax payer would participate in plus projections on which additional encouraged to spend. Only one of the this plan. All couples with income tax tax cuts are predicated. proposals in the President’s plan meets liabilities would save $950 annually, or Again, I return to President Lin- this standard. Eighty percent of all have their tax liability eliminated en- coln’s suggestion during one of the taxpayers are affected by changes to tirely. most trying times of his service as the 15 percent tax bracket. Therefore, Second, our proposal provides signifi- President of the United States. the President’s idea for creating a new cant tax relief to middle-income fami- This is not the time for timidity and hand- 10 percent bracket—which has the ef- lies who are more likely to spend their wringing. This is the time for swift, bold ac- fect of lowering the 15 percent tax additional money, and, therefore, cre- tion. The occasion is piled high with dif- rate—will apply quite broadly across ate demand within our economy. ficulty, and we must rise with the occasion. those paying income taxes. In contrast, Our plan would be more effective in EXHIBIT 1 three-quarters of all taxpayers are un- stimulating our economy, particularly [From the Washington Post, Jan. 9, 2001] affected by changes to the remaining at this time of concern about our eco- TIME FOR A TAX CUT four tax brackets. Yet, nearly 60 per- nomic future. (By Robert J. Samuelson) cent of the total cost of both the Presi- This proposal will lower taxes by $60 For some time, I have loudly and monoto- dent’s and the Ways and Means’ tax cut billion in both 2001 and 2002. nously objected to large federal tax cuts. The packages are devoted to these upper I point out this contrast with the arguments against them seemed over- rate cuts. President’s plan with the lower taxes whelming: The booming economy didn’t need Earlier this year, noted economist in 2001 by less than $200 million, and further stimulating; the best use of rising Robert Samuelson wrote in the Wash- the plan of the House Ways and Means budget surpluses was to pay down the federal ington Post that the time had come for Committee which will lower taxes in debt. But I regularly attached a large aster- tax cuts whose purpose was to stimu- 2001 by approximately $10 billion. isk to this opposition. A looming economic late the economy. He too, criticized the We believe this infusion of energy slowdown or recession might justify a big tax cut. Well, the asterisk is hereby acti- President’s tax plan as being poorly de- into the economy—$60 billion in this vated. signed for this purpose. Specifically, he and the next year—is the first portion By now, it’s clear that most commentators argued that the President should make of tax relief which will be strong missed the economy’s emerging weakness.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MR6.073 pfrm08 PsN: S07PT1 S1990 CONGRESSIONAL RECORD — SENATE March 7, 2001 Indeed, a recession may already have start- deep into debt. Put another way, the private (to put it charitably) absurd. The surpluses ed. Industrial production has declined slight- sector as a whole has been running an ever- are the consequence—not the cause—of the ly since September. Christmas retail sales widening ‘‘deficit,’’ says Wynne Godley of economic boom and stock market frenzy, were miserable; at Wal-Mart, same-store the Jerome Levy Economics Institute of which created a tidal wave of new tax reve- sales were up a meager 0.3 percent from a Bard College. By his calculation, the deficit nues. The big surpluses were a pleasant divi- year earlier. The story is the same for autos; began in 1997 and reached a record 8 percent dend. But now they may depress the econ- sales declined 8 percent in December. Mont- of disposable income in late 2000. Household omy by removing purchasing power. gomery Ward is going out of business. Last debt hit 100 percent of personal disposable in- This is easy to grasp. Suppose the budget week’s surprise interest-rate cut by the Fed- come, up from 82 percent in 1990. surplus were a huge sum: say, $1 trillion or eral Reserve confirms the large miscalcula- What may loom is a protracted readjust- about 10 percent of GDP. Would anyone deny tion. ment. ‘‘An increase in private debt relative the drag on economic growth? Personal and A tax cut is now common sense. It would to income can go on for a long time, but it corporate income would be reduced by the make it easier for consumers to handle their cannot go on forever,’’ writes Godley. People amount of the surplus. This drag could be heavy debts and, to some extent, bolster and companies reduce their debt burdens by offset only if the resulting drop in interest their purchasing power. The fact that Presi- borrowing less and using some of their in- rates and repayment of federal debt created dent-elect George W. Bush supports a major come to repay existing loans. The private- an equal stimulus. Though conceivable, this tax cut is fortuitous. But his proposal is sector ‘‘deficit’’ would shrink. But this proc- is hardly certain and—in my view—unlikely. poorly designed to combat recession. Al- ess of retrenchment would hurt consumer Today’s surplus is only $200 billion to $300 though the estimated costs—$1.3 trillion spending and business investment, which billion, or about 2 to 3 percent of GDP. But from 2001 to 2010—are large, they are ‘‘back- constitute about 85 percent of the economy. the same reasoning applies. The surplus loaded.’’ That is, the biggest tax cuts occur It’s self-defeating for government to exert doesn’t mechanically create demand or in the later years. In 2002, the tax cut would a further drag through growing budget sur- spending and, quite probably, does the oppo- amount to $21 billion, a trivial 0.2 percent of pluses. Of course, government could spend site. A year ago, a tax cut would have been gross domestic product (national income). more. But politically, that isn’t likely—and folly. Private spending was booming. But a This would barely affect the economy. spending increases take time to filter into tax cut now is not an effort to ‘‘fine tune’’ What Bush needs to do is accelerate the the economy. A tax cut could be enacted the economy. It’s the logical response to the immediate benefits (to resist a slump) while quickly and enables people to keep more of end of the private boom—an attempt to pre- limiting the long-term costs (to protect what they’ve earned. Roughly speaking, the vent a ‘‘bust’’ by restoring some of people’s against new deficits). This would improve a Bush tax cuts could raise disposable incomes incomes. Whose incomes? Who deserves tax tax plan’s economic impact and political ap- of middle-income households (those between peal. The required surgery is easier than it cuts? These (to me) are the harder questions. $35,000 and $75,000) by $1,000 to $2,500. This President Bush’s across-the-board rate sounds: would make it easier for consumers to man- cuts would give the largest dollar tax cuts to Bush’s across-the-board tax-rate cuts age their debts and maintain spending. It’s should be compressed into two years—mak- the wealthiest Americans, because they pay also an illusion to think that lower interest most taxes. In 2000, the richest 10 percent of ing them retroactive to Jan. 1, 2001—instead rates (through Fed cuts and government- of being phased in from 2002 to 2006. The idea Americans—whose incomes begin at about debt repayment) can instantly and single- $100,000—paid 66 percent of the federal in- is to increase people’s disposable incomes, handedly stimulate recovery. come tax and 50 percent of all federal per- quickly. (Under the campaign proposal, to- ‘‘The danger of a severe and prolonged re- sonal taxes (including payroll and excise day’s rates of 39.6, 36, 31 and 28 percent would cession is being seriously underestimated,’’ taxes), estimates the Congressional Joint be reduced to 33 and 25 percent. The present writes Godley. If you believe that—and I do— Committee on Taxation. 15 percent rate would remain, but a new 10 then a tax cut that made no sense six Within this group, the wealthiest one per- percent rate would be created on the first months ago makes eminent sense now. cent—with incomes above $300,000—paid 34 $6,000 of taxable income for singles and percent of income taxes and 19 percent of all $12,000 for couples.) Similarly, the proposed [From the Washington Post, Feb. 14, 2001] taxes. Over time, these shares have in- increase in the child tax-credit, from $500 to WHO DESERVES A TAX CUT? creased. In 1977 the richest 10 percent paid 50 $1,000, should occur over two years, not four. (By Robert J. Samuelson) percent of income taxes and 43 percent of all The distribution of the tax cut should be federal taxes. There are two reasons for this tilted more toward the bottom and less to- The economic case for a tax cut seems compelling. The U.S. economy is unwinding trend: (a) the rich’s incomes grew faster than ward the top. One criticism of the original everyone else’s; and (b) tax relief went more from an unstable boom. ‘‘Animal spirits’’— plan is that it’s skewed toward the richest toward the lower half of the income spec- the immortal phrase of economist John May- taxpayers, who pay most of the taxes. (In trum. 1998 the 1.6 percent of tax returns with in- nard Keynes—took hold. Consumers overbor- If you like income redistribution for its comes above $200,000 paid 40 percent of the rowed or, dazzled by rising stock prices, own sake, this is wonderful. But the growing income tax.) The criticism could—and overspent. Businesses overinvested thanks to gap between those who pay for government should—be blunted by reducing the top rate strong profits and cheap capital. Both con- and those who receive its benefits creates a to only 35 percent, while expanding tax cuts sumers and businesses will now curb spend- dangerous temptation. It is to tax the few for the lower brackets. This would con- ing: consumers made cautious by high debts, and distribute to the many. Though politi- centrate tax relief among middle-class fami- stagnant (or falling) stocks and fewer new cally expedient, expanded government pro- lies, whose debt burdens are highest. jobs; businesses deterred by surplus capacity grams may have little to do with the broader Bush should defer most other proposals: and scarcer capital. A tax cut would cushion national interest. They may simply make the gradual phase-out of the estate tax, new the spending slowdown. more people and institutions dependent on Of course, we don’t yet know the slump’s tax breaks for charitable contributions and Washington and the political process. Taxes seriousness. In the final quarter of 2000, busi- tax relief from the so-called marriage pen- must be fairly broad-based if the public is to ness investment dropped at an annual rate of alty. Together, these items would cost an es- weigh the pleasure of new government pro- 1.5 percent; in the first quarter of 2000, it timated $400 billion from 2001 to 2010. They grams against the pain of higher taxes. are the most politically charged parts of the rose at a rate of 21 percent. Consumer spend- As originally proposed, Bush’s plan was package and the least related to stimulating ing rose at a 2.9 percent rate in the last quar- avowedly political. It aimed to restrain gov- the economy. Proposing them now would ter, but within that, spending on ‘‘durables’’ ernment spending by depriving government muddle what ought to be Bush’s central mes- (cars, appliances, computers) dropped 3.4 per- of some money to spend. But Bush is now sage: a middle-class tax cut to help the econ- cent, again at annual rates. These were both selling his program as an antidote to eco- omy. large declines from earlier in the year. In the nomic slump. Ironically, this strengthens The case for this tax cut rests on a critical first quarter, the gains had been 7.6 percent the case for skewing the tax cut toward assumption. It is that the slowdown (or re- and 23.6 percent. middle- and lower-income households. Al- cession) could be long, deep or both. If it’s Consumer spending (68 percent of gross do- most certainly, their debt burdens are higher just a blip—as some economists think—the mestic product) and business investment (14 than upscale America’s. they may also spend economic argument for a tax cut disappears. percent) constitute four-fifths of the econ- more of any tax cut than the rich, providing The economy will revive quickly, aided by omy. If they are in retreat, the economy is— greater support to the economy. the Fed’s lower interest rates. Then the de- almost by definition—in trouble. (Housing, Finally, it’s true that an excessive tax cut bate over a tax cut should return to political exports and government represent the rest.) would invite future deficits. How to balance preferences. Do we want more spending, The case against a tax cut is that the spend- these competing pressures is what we will lower taxes or debt reduction? My preference ing slowdown will be mild; it will be checked debate. My preference is to accelerate the in- would remain debt reduction. But I doubt by the Federal Reserve’s cut in interest troduction of Bush’s across-the-board rate that the economic outlook is so charmed. rates. Perhaps. But I’m skeptical. If busi- cuts, with one exception; I would cut the top Just as the boom—the longest in U.S. his- nesses have idle capacity and consumers rate of 39.6 percent to 35 percent, instead of tory—was unprecedented, so may be its have excess debts, lower interest rates may Bush’s 33 percent, and use the savings to aftermath. The boom’s great propellant was not stimulate much new borrowing. broaden tax cuts at lower income levels. a buying binge by consumers and businesses. Nor will large budget surpluses automati- I would also accelerate the increase in the Both spent beyond their means. They went cally preserve prosperity. This argument is child tax credit—from $500 to $1,000—but

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.083 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1991 defer Bush’s other proposals (ending the es- for changes in Medicare, including a drug peal of, a section or other provision, the ref- tate tax, bigger charitable deductions). This benefit. Bush labels the remaining $1.4 tril- erence shall be considered to be made to a would raise the overall tax cut’s immediate lion in surplus a ‘‘reserve’’ against faulty es- section or other provision of the Internal economic impact and reduce the long-term timates, further debt reduction or more Revenue Code of 1986. budget costs. spending. All the possible claims on the re- (c) SECTION 15 NOT TO APPLY.—No amend- As we debate, we should not idealize budg- serve (the missile defense, private accounts ment made by this Act shall be treated as a et surpluses. They are simply paper projec- for Social Security) could exhaust it. But if change in a rate of tax for purposes of sec- tions, based on various assumptions, includ- you’re trying to make Congress set spending tion 15 of the Internal Revenue Code of 1986. ing strong economic growth. If the growth priorities—as Bush is—his approach isn’t un- SEC. 2. 10-PERCENT INCOME TAX RATE BRACKET doesn’t materialize, neither will the sur- reasonable. FOR INDIVIDUALS. pluses. A slavish effort to preserve the sur- If there’s a tax cut, who should get it? (a) RATES FOR 2001.—Section 1 (relating to pluses could perversely destroy them. Politically, this is Bush’s Achilles’ heel. He tax imposed) is amended by striking sub- sections (a) through (d) and inserting the fol- [From the Washington Post, Mar. 7, 2001] says that taxes belong to the people who earned them—not the government. Okay. lowing: TAX CUTS: THE TRUE ISSUE ‘‘(a) MARRIED INDIVIDUALS FILING JOINT RE- The political problem is that most federal (By Robert J. Samuelson) TURNS AND SURVIVING SPOUSES.—There is taxes are paid by a small constituency of the hereby imposed on the taxable income of— The tax and budget debate is essentially a well-to-do and wealthy. In 2001 the richest 10 ‘‘(1) every married individual (as defined in quarrel about political philosophy. President percent of Americans—those with incomes section 7703) who makes a single return Bush wants to limit the size of government above $107,000—will pay 68 percent of the in- jointly with his spouse under section 6013, by depriving it of more money to spend. His come tax and 52 percent of all federal taxes, and Democratic critics want government to keep estimates the Congressional Joint Com- ‘‘(2) every surviving spouse (as defined in as much in taxes as possible, because they mittee on Taxation. With its across-the- section 2(a)), want to spend it. In fiscal 2000 federal taxes board rate reductions, Bush’s plan give them represented a post-World War II record of the largest dollar cuts. Citizens for Tax Jus- a tax determined in accordance with the fol- 20.6 percent of gross domestic product (na- tice, a liberal advocacy group, estimates lowing table: tional income). Over a decade, Bush wants to that the richest one percent get 31 percent of ‘‘If taxable income is: The tax is: nudge that below 19 percent of GDP, while the income-tax cuts (slightly below their Not over $19,000 ...... 10% of taxable income. Democrats prefer to keep it above 20 percent. share of income taxes, 36 percent). Demo- Over $19,000 but not over $1,900, plus 15% of the ex- That’s the central issue between them—and crats are aghast; they want smaller tax cuts $45,200. cess over $19,000. they’re trying to obscure it. Over $45,200 but not over $5,830, plus 28% of the ex- to concentrate benefits on households under $109,250. cess over $45,200. We have diehard liberals preaching the vir- $100,000. tues of reducing the federal debt, not because Over $109,250 but not over $23,764, plus 31% of the To handicap the tax debate, watch these $166,500. excess over $109,250. they believe in smaller government but be- issues. If the economy weakens further, pres- Over $166,500 but not over $41,511.50, plus 36% of the cause this makes them seem frugal, cautious sure for tax relief will intensify. But so will $297,350. excess over $166,500. and even conservative. Meanwhile, President pressure to redirect the benefits down the in- Over $297,350...... $88,617.50, plus 39.6% of Bush flaunts his proposed spending increases come ladder. My view—stated in earlier col- the excess over $297,350. ‘‘(b) HEADS OF HOUSEHOLDS.—There is here- for education and Medicare, not because he umns—is that the economy needs a tax cut. by imposed on the taxable income of every believes in bigger government but because I would accelerate Bush’s across-the-board head of a household (as defined in section they make him seem humane, sensitive and rate cuts and the doubling of the child credit 2(b)) a tax determined in accordance with the even liberal. Both sides are fleeing their tra- (from $500 to $1,000). But I would cut today’s following table: ditional stereotypes: liberals as extravagant top rate of 39.6 percent only to 35 percent, spenders, conservatives as cruel cheapskates. not 33 percent, as Bush proposes. All this ‘‘If taxable income is: The tax is: The result is calculated confusion. The an- would maximize the tax cut’s immediate ef- Not over $14,250 ...... 10% of taxable income. tagonists informally deemphasize their cen- Over $14,250 but not over $1,425, plus 15% of the ex- fect on the economy. tral dispute—the size of government—and $36,250. cess over $14,250. Like Bush’s critics, I think the long-term Over $36,250 but not over $4,725, plus 28% of the ex- shift the debate to side issues (they hope) budget projections are too uncertain to will disarm their opponents. For example: $93,650. cess over $36,250. enact his full tax package now; so I would Over $93,650 but not over $20,797, plus 31% of the Does a faltering economy need a tax cut? defer action on his other proposals (abol- $151,650. excess over $93,650. This is Bush’s ace. Consumer confidence ishing the estate tax, marriage-penalty re- Over $151,650 but not over $38,777, plus 36% of the has dropped for five straight months; in Jan- lief, new charitable deductions). But unlike $297,350. excess over $151,650. uary existing-home sales fell 6.6 percent. The Over $297,350...... $91,229, plus 39.6% of the his critics, I think Bush is correct on the excess over $297,350. more the economy weakens, the harder it is central issue of government’s size. The real ‘‘(c) UNMARRIED INDIVIDUALS (OTHER THAN for Democrats to resist tax cuts. There’s a choice now is not between cutting taxes and SURVIVING SPOUSES AND HEADS OF HOUSE- certain common-sense appeal to bolstering paying down the debt. If immense surpluses HOLDS).—There is hereby imposed on the tax- people’s purchasing power by reducing their emerge, Congress—Democrats and Repub- able income of every individual (other than a taxes. A year ago President Clinton proposed licans—will spend them. Even last year’s surviving spouse as defined in section 2(a) or only $350 billion in tax cuts over a decade. modest surplus spurred Congress to a spend- the head of a household as defined in section Now many Democrats talk in the $700 billion ing spree. 2(b)) who is not a married individual (as de- to $1 trillion range—much closer to Bush’s It’s the wrong time for huge spending in- fined in section 7703) a tax determined in ac- $1.6 trillion. creases. The retirement of the baby boom cordance with the following table: Do Bush’s budget numbers add up? generation, beginning in a decade, will ex- pand government commitments. Retirement ‘‘If taxable income is: The tax is: No, say critics. His budget skimps on pay- Not over $9,500 ...... 10% of taxable income. ing down the federal debt—all the Treasury benefits will inevitably increase, exerting Over $9,500 but not over $950, plus 15% of the ex- bonds and bills issued to cover past budget pressure for higher taxes. If we raise spend- $27,050. cess over $9,500. deficits. Worse, the tax cut might create fu- ing now, we will begin this process from a Over $27,050 but not over $3,582.50, plus 28% of the ture deficits when combined with programs higher base of spending and taxes—that will $65,550. excess over $27,050. Over $65,550 but not over $14,362.50, plus 31% of the not in the present budget: an anti-missile de- ultimately have to be paid by today’s chil- dren and young adults. This would be a dubi- $136,750. excess over $65,550. fense and private accounts for Social Secu- Over $136,750 but not over $36,434.50, plus 36% of the rity, for instance. All this is possible, espe- ous legacy. $297,350. excess over $136,750. cially if the surplus forecasts turn out (as Mr. GRAHAM. Mr. President, I ask Over $297,350...... $94,250.50, plus 39.6% of they might) to be too optimistic. Still, the unanimous consent to have printed in the excess over $297,350. critics’ case is wildly overstated. the RECORD the text of the bill. ‘‘(d) MARRIED INDIVIDUALS FILING SEPA- Between 2002 and 2011, Bush projects budg- There being no objection, the bill was RATE RETURNS.—There is hereby imposed on the taxable income of every married indi- et surpluses of $5.6 trillion. This is defen- ordered to be printed in the RECORD, as vidual (as defined in section 7703) who does sible; the Congressional Budget Office made follows: a similar estimate. The tax cut would reduce not make a single return jointly with his the surplus by $1.6 trillion and require an S. 481 spouse under section 6013, a tax determined extra $400 billion in interest payments. This Be it enacted by the Senate and House of Rep- in accordance with the following table: leaves a surplus of $3.6 trillion. Of that, Bush resentatives of the United States of America in ‘‘If taxable income is: The tax is: would use $2 trillion for debt reduction. Congress assembled, Not over $9,500 ...... 10% of taxable income. (From 2001 to 2011, the debt would drop from SECTION 1. SHORT TITLE; ETC. Over $9,500 but not over $950, plus 15% of the ex- $3.2 trillion to $1.2 trillion. Interest pay- (a) SHORT TITLE.—This Act may be cited as $22,600. cess over $9,500. ments would decline to below 3 percent of the ‘‘Economic Insurance Tax Cut of 2001’’. Over $22,600 but not over $2,915, plus 28% of the ex- $54,625. cess over $22,600. (b) AMENDMENT OF 1986 CODE.—Except as federal spending, down from 15 percent in Over $54,625 but not over $11,882, plus 31% of the 1997.) otherwise expressly provided, whenever in $83,250. excess over $54,625. Now we’re at $1.6 trillion. Bush proposes this Act an amendment or repeal is ex- Over $83,250 but not over $20,755.75, plus 36% of the almost $200 billion in new spending—mainly pressed in terms of an amendment to, or re- $148,675. excess over $83,250.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0655 E:\CR\FM\A07MR6.086 pfrm08 PsN: S07PT1 S1992 CONGRESSIONAL RECORD — SENATE March 7, 2001 ‘‘If taxable income is: The tax is: Mr. CORZINE. Mr. President, I am Fourth, because of its simplicity, the Over $148,675...... $44,308.75, plus 39.6% of the excess over pleased to join with my distinguished proposal could be debated, enacted, and $148,675.’’. colleague from Florida, Senator implemented very quickly. I think the (b) INFLATION ADJUSTMENT TO APPLY IN DE- GRAHAM, in introducing the legislation latter is very important. In fact, if the TERMINING RATES FOR 2002.—Subsection (f) of to establish a new 10-percent tax President and the bipartisan congres- section 1 is amended— bracket. sional leadership were to come to an (1) by striking ‘‘1993’’ in paragraph (1) and This bill would provide a simple, fair, agreement, announce an agreement on inserting ‘‘2001’’, and fiscally responsible tax cut that this package, business and consumer (2) by striking ‘‘1992’’ in paragraph (3)(B) can be enacted quickly, and that can confidence in private spending could be and inserting ‘‘2000’’, and provide an important insurance policy (3) by striking paragraph (7). bolstered almost immediately. Later, against the risk of an economic slow- once the proposal is signed into law, (c) CONFORMING AMENDMENTS.— down, a slowdown that to most observ- (1) The following provisions are each withholding tables could be adjusted in amended by striking ‘‘1992’’ and inserting ers appears to be more real and poten- a matter of weeks. That is where the ‘‘2000’’ each place it appears: tially deeper than perceived even as simplicity comes in. By contrast, many (A) Section 25A(h). early as in January of this year. of the President’s and Congress’s pro- (B) Section 32(j)(1)(B). To me, there is little question that posals are not only controversial and (C) Section 41(e)(5)(C). our economy needs stimulus, fiscally would draw lengthy debate, but would (D) Section 42(h)(3)(H)(i)(II). as well as monetarily, to return to a take much longer to be able to be im- (E) Section 59(j)(2)(B). moderate growth path. The question (F) Section 63(c)(4)(B). plemented into law. for policymakers is how to make that Finally, while providing a real eco- (G) Section 68(b)(2)(B). happen. (H) Section 132(f)(6)(A)(ii). nomic stimulus up front, the cost of Some, including Fed Chairman Alan our proposal is something that is do- (I) Section 135(b)(2)(B)(ii). Greenspan, have questioned whether (J) Section 146(d)(2)(B). able within the current context of our (K) Section 151(d)(4). Congress is capable of enacting a tax budget. The cost of our proposal is cut quickly enough to prevent a reces- (L) Section 220(g)(2). roughly $700 billion. This would not sion or even help lift us out of one on (M) Section 221(g)(1)(B). preclude further debt reduction, tax (N) Section 512(d)(2)(B). a timely basis. I think we can. In any cuts, or spending priorities, such as im- (O) Section 513(h)(2)(C)(ii). case, as many other economists, Chair- provements in education, as the Presi- (P) Section 685(c)(3)(B). man Greenspan has argued that tax dent has suggested, and prescription (Q) Section 877(a)(2). cuts would be helpful once an economic drug coverage, or increases in defense (R) Section 911(b)(2)(D)(ii)(II). downturn is upon us, if a tax cut were (S) Section 2032A(a)(3)(B). spending. (T) Section 2503(b)(2)(B). implemented expeditiously. To make any tax cut effective as an By contrast, the President’s original (U) Section 2631(c)(2). proposal provides very limited stim- (V) Section 4001(e)(1)(B). economic insurance policy, Congress and the President need to reach agree- ulus up front—only $21 billion in 2001— (W) Section 4261(e)(4)(A)(ii). yet threatens to starve the Govern- (X) Section 6039F(d). ment quickly. To facilitate such an (Y) Section 6323(i)(4)(B). agreement, we are proposing that Con- ment of needed resources in later (Z) Section 6334(g)(1)(B). gress defer consideration of the long years, especially when our obligations (AA) Section 6601(j)(3)(B). list of worthy, and maybe some less to Social Security and Medicare begin (BB) Section 7430(c)(1). worthy, tax cut proposals currently to grow substantially. (2) Subclause (II) of section 42(h)(6)(G)(i) is under debate, and, for now, adopt a Our 10-percent compromise asks both amended by striking ‘‘1987’’ and inserting parties to temporarily give up their fa- ‘‘2000’’. very straightforward, simple approach. President Bush has already proposed vorite tax cut proposals in the inter- (d) ADDITIONAL CONFORMING AMEND- the creation of a new 10-percent rate ests of a quick compromise which MENTS.— bracket for income of up to $12,000 for would benefit the country, which would (1) Section 1(g)(7)(B)(ii)(II) is amended by apply the principle that a rising tide striking ‘‘15 percent’’ and inserting ‘‘10 per- couples who are currently taxed at 15 cent’’. percent. The corresponding level for lifts all boats. We do not accept the (2) Section 1(h) is amended by striking single taxpayers, under the President’s common wisdom that Washington is in- paragraph (13). proposal, would be $6,000. However, as capable of acting quickly. There is a (3) Section 3402(p)(1)(B) is amended by originally proposed, the Bush rate cut need. When it really matters, we know striking ‘‘7, 15, 28, or 31 percent’’ and insert- would not be fully effective until 2006. we can keep things simple, and we can ing ‘‘5, 10, 15, 28, or 31 percent’’. Senator GRAHAM and I are proposing get things done, and make them hap- (4) Section 3402(p)(2) is amended by strik- pen. ing ‘‘15 percent’’ and inserting ‘‘10 percent’’. to immediately—and retroactively for this year—create a 10-percent rate I congratulate Senator GRAHAM. And (e) DETERMINATION OF WITHHOLDING TA- I very much appreciate the opportunity BLES.—Section 3402(a) (relating to require- bracket and increase the threshold of ment of withholding) is amended by adding that bracket to $19,000 for married tax- to introduce this legislation. We look at the following new paragraph: payers and $9,500 for individuals. forward to working with the Congress ‘‘(3) CHANGES MADE BY SECTION 2 OF THE There are several reasons why this to try to get a quick and stimulative ECONOMIC INSURANCE TAX CUT OF 2001.—Not- 10-percent compromise makes sense to and simple proposal through the Con- withstanding the provisions of this sub- us. First, it provides equitable relief to gress. section, the Secretary shall modify the ta- taxpayers at all different income lev- bles and procedures under paragraph (1) els. All couples with income tax liabil- By Mr. WYDEN: through the reduction of the amount of with- ities would save $950 annually or have S. 483 A bill to amend title 49, United holding required with respect to taxable their tax liability eliminated entirely. States Code, to improve the disclosure years beginning in calendar year 2001 to re- of information to airline passengers flect the effective date of the amendments Second, middle-class families are made by section 2 of the Economic Insurance more likely to spend a tax cut than the and the enforceability of airline pas- Tax Cut of 2001, and such modification shall wealthier families favored under some sengers and the enforceability of air- take effect on the first day of the first aspects of the President’s plan. Our line passengers’ rights under airline month beginning after the date of the enact- proposal would be more effective in customer service agreements, and for ment of such Act. boosting the economy now. other purposes; to the Committee on (f) EFFECTIVE DATES.— Third, our proposal would put rough- Commerce, Science, and Transpor- (1) IN GENERAL.—Except as provided in ly $60 billion of the annual non-Social tation. paragraph (2), the amendments made by this Security surplus into a retroactive tax Mr. WYDEN. Mr. President, today I section shall apply to taxable years begin- cut. This is the amount that econo- am introducing legislation to provide ning after December 31, 2000. mists tell us is needed to achieve a no- enforceable consumer protections for (2) AMENDMENTS TO WITHHOLDING PROVI- SIONS.—The amendments made by para- ticeable economic impact this year. At airline passengers. The bill I introduce graphs (3) and (4) of subsection (d) shall this level, we would expect that tax cut today is the result of a process that apply to amounts paid after December 31, to boost GDP by one-half to three- started over two years ago, when I first 2000. quarters of a percentage point. introduced bipartisan passenger rights

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.044 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1993 legislation. Instead of enacting that SEC. 2. FINDINGS. SEC. 3. FAIR TREATMENT OF AIRLINE PAS- legislation, Congress decided to give The Congress finds the following: SENGERS. the airlines a year-and-a-half to im- (1) United States airline traffic is increas- (a) IN GENERAL.—Subchapter I of chapter ing. The number of domestic passengers car- 417 of title 49, United States Code, is amend- prove customer service through vol- ed by adding at the end the following: untary plans. At the end of that time, ried by United States air carriers has nearly ‘‘§ 41722. Airline passengers’ right to know the Department of Transportation In- tripled since 1978, to over 660 million annu- ally. The number is expected to grow to ‘‘(a) DISCLOSURE OF ON-TIME PERFORM- spector General was to report to Con- more than 1 billion by 2010. The number of ANCE.—Whenever any person contacts an air gress on the airlines’ progress. domestic flights has been steadily increasing carrier to make a reservation or to purchase The Inspector General released his as well. a ticket on a consistently-delayed or can- report last month. It is a carefully re- (2) The Inspector General of the Depart- celed flight, the air carrier shall disclose searched and balanced document, and ment of Transporation has found that with (without being requested), at the time the it finds that, while the airlines have this growth in traffic have come increases in reservation or purchase is requested, the on- made progress in some areas, there are delays, cancellations, and customer dis- time performance and cancellation rate for also significant continued short- satisfaction with air carrier service. that flight for the most recent month for (A) The Federal Aviation Administration comings. In particular, in many cases which data is available. For purposes of this has reported that, between 1995 and 2000, paragraph, the term ‘consistently-delayed or passengers are still not receiving reli- delays increased 90 percent and cancellations canceled flight’ means a regularly-scheduled able and timely communications about increased 104 percent. In 2000, over 1 in 4 flight— flight delays, cancellations, and diver- flights were delayed, canceled, or diverted, ‘‘(1) that has failed to arrive on-time (as sions. The report recommends a num- affecting approximately 163 million pas- defined in section 234.2 of title 14, Code of ber of specific, reasonable steps that sengers. Federal Regulations) at least 40 percent of could be taken to improve the experi- (B) At the 30 largest United States air- the time during the most recent 3-month pe- ence of the flying public. ports, the number of flights with taxi-out riod for which data are available; or times of 1 hour or more increased 165 percent I want to commend the chairman of ‘‘(2) at least 20 percent of the departures of between 1995 and 2000. The number of flights which have been canceled during the most the Commerce Committee, Senator with taxi-out times of 4 hours or more in- recent 3-month period for which data are MCCAIN, and Senators HOLLINGS and creased 341 percent during the same period. available. HUTCHISON, for the bill they have intro- (C) Certain flights, particularly those ‘‘(b) ON-TIME PERFORMANCE POSTED ON duced, which reflects the essence of the scheduled during peak periods at the na- WEBSITE.—An air carrier that has a website Inspector General’s report. My bill is tion’s busiest airports, are subject to chronic on the Internet shall include in the informa- intended to complement and further delays. In December, 2000, 626 regularly- tion posted about each flight operated by the discussion that legislation has scheduled flights arrived late 70 percent of that air carrier the flight’s on-time perform- the time or more, as reported by the Depart- begun. ance (as defined in section 234.2 of title 14, ment of Transportation. Code of Federal Regulations) for the most re- My legislation closely tracks the (D) Consumer complaints filed with the De- cent month for which data is available. findings and recommendations of the partment of Transportation about airline ‘‘(c) PASSENGER INFORMATION CONCERNING Inspector General’s report. First, it travel have nearly quadrupled since 1995. The DELAYS, CANCELLATIONS, AND DIVERSIONS.— features ‘‘right-to-know’’ provisions Department of Transportation Inspector ‘‘(1) IN GENERAL—Whenever a flight is de- that require airlines to tell customers General has estimated that air carriers re- layed, canceled, or diverted, the air carrier when a flight they are about to book a ceive between 100 and 400 complaints for operating that flight shall provide to cus- ticket on is chronically delayed or can- every complaint filed with the Department tomers at the airport and on board the air- celed, and to provide better informa- of Transportation. craft, in a timely, reasonable, and truthful (3) At the same time as the number of com- manner, the best available information re- tion about overbooking, frequent flyer plaints about airline travel has increased, garding such delay, cancellation, or diver- programs, and lost baggage. The bill the resources devoted to Department of sion, including— also contains provisions to enhance Transportation handling of such complaints ‘‘(A) the cause of the delay, cancellation, and improve the enforcement of the have declined sharply. The Department of or diversion; and airlines’ customer service commit- Transportation Inspector General has re- ‘‘(B) in the case of a delayed flight, the car- ments, such as requirement that each ported that the staffing of the Department of rier’s best estimate of the departure time. airline incorporate its commitments Transportation office responsible for han- ‘‘(2) PUBLIC INFORMATION.—An air carrier into its binding contract of carriage. dling airline customer service complaints de- that provides a telephone number or website clined from 40 in 1985 to just 17 in 2000. for the public to obtain flight status infor- Finally, the bill calls on the Secretary (4) In June, 1999, the Air Transport Asso- mation shall ensure that the information of Transportation to review existing ciation and its member airlines agreed to an provided via such telephone number or regulations to make sure airlines ad- Airline Customer Service Commitment de- website will reflect the best and most cur- here to their commitments, and to en- signed to address mounting consumer dis- rent information available concerning courage the establishment of a baseline satisfaction and improve customer service in delays, cancellations, and diversions. standard of service for all airlines. the industry. ‘‘(d) PRE-DEPARTURE NOTIFICATION SYS- The provisions of this bill are not (5) The Department of Transportation In- TEM.—Within 6 months after the date of en- radical, nor are they regulatory; they spector General has reviewed the airlines’ actment of the Fair Treatment of Airline implementation of the Airline Customer Passengers Act, each air carrier that is a re- are basic reasonable steps based di- Service Commitment. The Inspector General porting carrier (as defined in section 234.2 of rectly on the specific findings and rec- found that: title 14, Code of Federal Regulations) shall ommendations of the Inspector Gen- (A) The Airline Customer Service Commit- establish a reasonable system (taking into eral. Most importantly, they would ment has prompted air carriers to address account the size, financial condition, and create meaningful, enforceable protec- consumer concerns in many areas, resulting cost structure of the air carrier) for noti- tions for consumers in the areas where in positive changes in how air travelers are fying passengers before their arrival at the the Inspector General has identified treated. airport when the air carrier knows suffi- ongoing problems. (B) Despite this progress, there continue to ciently in advance of the check-in time for be significant shortfalls in reliable and time- I am hopeful that my colleagues here their flight that the flight will be canceled ly communication with passengers about or delayed by an hour or more. in the Senate will join me in sup- flight delays and cancellations. Reports to ‘‘(e) COORDINATION OF MONITORS; CURRENT porting this legislation, and I ask passengers about flight status are frequently INFORMATION.—At any airport at which the unanimous consent that the text of the untimely, incomplete, or unreliable. status of flights to or from that airport is bill be printed in the RECORD. (C) Air carriers need to do more, in the displayed to the public on flight status mon- There being no objection, the bill was areas under their control, to reduce over- itors operated by the airport, each air car- ordered to be printed in the RECORD, as scheduling, the number of chronically-late rier the flights of which are displayed on the follows: or canceled flights, and the amount of monitors shall work closely with the airport checked baggage that does not show up with to ensure that flight information shown on S. 483 the passenger upon arrival. the monitors reflects the best and most cur- Be it enacted by the Senate and House of Rep- (D) A number of further steps could be rent information available. resentatives of the United States of America in taken to improve the effectiveness and en- ‘‘(f) FREQUENT FLYER PROGRAM INFORMA- Congress assembled, forceability of the Airline Customer Service TION.—Within 6 months after the date of en- SECTION 1. SHORT TITLE. Commitment and to improve the consumer actment of the Fair Treatment of Airline This Act may be cited as the ‘‘Fair Treat- protections available to commercial air pas- Passengers Act, each air carrier that main- ment of Airline Passengers Act’’. sengers. tains a frequent flyer program shall increase

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.050 pfrm08 PsN: S07PT1 S1994 CONGRESSIONAL RECORD — SENATE March 7, 2001 the comprehensiveness and accessibility to carriage, submitted to the Secretary, and visions of this Act and of title 49, United the public of its reporting of frequent flyer posted on its website. States Code, that relate to such treatment, award redemption information. The informa- ‘‘(c) QUALITY ASSURANCE AND PERFORMANCE or otherwise to promote the purposes of this tion reported shall include— MEASUREMENT SYSTEM.— Act. ‘‘(1) the percentage of successful redemp- ‘‘(1) AIR CARRIERS.—Within 6 months after (2) SPECIFIC AREAS OF REVIEW.—As part of tions of requested frequent flyer awards for the date of enactment of the Fair Treatment such review and modification, the Secretary free tickets or class-of-service upgrades for of Airline Passengers Act, an air carrier cer- shall, to the extent necessary or appro- the air carrier; tificated under section 41102, after consulta- priate— ‘‘(2) the percentage of successful redemp- tion with the Inspector General of the De- (A) modify existing regulations to reflect tions of requested frequent flyer awards for partment of Transportation, shall— this Act and sections 41722 and 41723 of title free tickets or class-of-service upgrades for ‘‘(A) establish a quality assurance and per- 49, United States Code; each flight in the air carrier’s top 100 origi- formance measurement system for customer (B) modify existing regulations to the ex- nation and destination markets; and service; and tent necessary to ensure that they are suffi- ‘‘(3) the percentage of seats available for ‘‘(B) establish an internal audit process to ciently clear and specific to be enforceable; frequent flyer awards on each flight in its measure compliance with its customer serv- (C) establish minimum standards, compli- top 100 origination and destination markets. ice plan. ance with which can be measured quan- ‘‘(g) OVERBOOKING.— ‘‘(2) DOT APPROVAL REQUIRED.—Each air titatively, of air carrier performance with ‘‘(1) OVERSOLD FLIGHT DISCLOSURE.—An air carrier shall submit the measurement sys- respect to customer service issues addressed carrier shall inform a ticketed passenger, tem established under paragraph (1)(A) and by the Department of Transportation regula- upon request, whether the flight on which the audit process established under para- tions or the Airline Customer Service Com- the passenger is ticketed is oversold. graph (1)(B) to the Secretary of Transpor- mitment executed by the Air Transport As- ‘‘(2) BUMPING COMPENSATION INFORMATION.— tation for review and approval. sociation and 14 of its member airlines on An air carrier shall inform passengers on a ‘‘(d) CUSTOMER SERVICE PLAN ENHANCE- June 17, 1999; flight what the air carrier will pay pas- MENTS.—Within 6 months after the date of (D) address the manner in which the De- sengers involuntarily denied boarding before enactment of the Fair Treatment of Airline partment of Transportation regulations making offers to passengers to induce them Passengers Act, an air carrier certificated should treat customer service commitments voluntarily to relinquish seats. under section 41102 shall— that relate to actions occurring prior to the ‘‘(3) DISCLOSURE OF BUMPING POLICY.—An ‘‘(1) amend its customer service plan to purchase of a ticket, such as the commit- air carrier shall disclose, both on its Internet specify that it will offer to a customer pur- ment to offer the lowest available fare, and website, if any, and on its ticket jackets, its chasing a ticket at any of the air carrier’s whether such the inclusion of such commit- criteria for determining which passengers ticket offices or airport ticket service ments in the contract of carriage creates an will be involuntarily denied boarding on an counters the lowest fare available for which enforceable obligation prior to the purchase oversold flight and its procedures for offering that customer is eligible; and of a ticket; compensation to passengers voluntarily or ‘‘(2) establish performance goals designed (E) restrict the ability of air carriers to in- involuntarily denied boarding on an oversold to minimize incidents of mishandled bag- clude provisions in the contract of carriage flight. gage. restricting a passenger’s choice of forum in the event of a legal dispute; and ‘‘(h) MISHANDLED BAGGAGE REPORTING.— ‘‘(e) SMALL AIR CARRIER EXCEPTION.—This Within 6 months after the date of enactment section does not apply to an air carrier that (F) require each air carrier to report infor- of the Fair Treatment of Airline Passengers operates no civil aircraft designed to have a mation to Department of Transportation on Act, each air carrier shall revise its report- maximum passenger seating capacity of complaints submitted to the air carrier, and ing for mishandled baggage to show— more than 30 passengers.’’. modify the reporting of complaints in the Department of Transportation’s monthly ‘‘(1) the percentage of checked baggage (b) CIVIL PENALTY.—Section 46301(a)(7) is that is mishandled during a reporting period; amended by striking ‘‘40127 or 41712’’ and in- customer service reports, so those reports ‘‘(2) the number of mishandled bags during serting ‘‘40127, 41712, 41722, or 41723’’. will reflect complaints submitted to air car- riers as well as complaints submitted to the a reporting period; and (c) CONFORMING AMENDMENT.—The chapter ‘‘(3) the average length of time between the analysis for chapter 417 of title 49, United Department. receipt of a passenger’s claim for missing States Code, is amended by inserting after (3) EXPEDITED PROCEDURE.—Within 1 year baggage and the delivery of the bag to the the item relating to section 41721 the fol- after the date of enactment of this Act, the passenger. lowing: Secretary shall complete all actions nec- ‘‘(i) SMALL AIR CARRIER EXCEPTION.—This essary to establish regulations to implement ‘‘41722. Airline passengers’ right to know the requirements of this subsection. section does not apply to an air carrier that ‘‘41723. Enforcement and enhancement of air- operates no civil aircraft designed to have a SEC. 5. IMPROVED ENFORCEMENT OF AIR PAS- line passenger service commit- SENGER RIGHTS. maximum passenger seating capacity of ments’’. more than 30 passengers. (a) USE OF AUTHORIZED FUNDS.—In utilizing SEC. 4. REQUIRED ACTION BY SECRETARY OF the funds authorized by section 223 of the ‘‘§ 41723. Enforcement and enhancement of TRANSPORTATION. Wendell H. Ford Aviation Investment and airline passenger service commitments (a) UNIFORM MINIMUM CHECK-IN TIME; BAG- Reform Act for the 21st Century for the pur- ‘‘(a) ADOPTION OF CUSTOMER SERVICE GAGE STATISTICS; BUMPING COMPENSATION.— pose of enforcing the rights of air travelers, PLAN.—Within 6 months after the date of en- Within 6 months after the date of enactment the Secretary of Transportation shall give actment of the Fair Treatment of Airline of this Act, the Secretary of Transportation priority to the areas identified by the Inspec- Passengers Act, an air carrier certificated shall— tor General of the Department of Transpor- under section 41102 that has not already done (1) establish a uniform check-in deadline tation as needing improvement in Report No. so shall— and require air carriers to disclose, both in AV-2001-020, submitted to the Congress on ‘‘(1) develop and adopt a customer service their contracts of carriage and on ticket February 12, 2001. plan designed to implement the provisions of jackets, their policies on how those dead- (b) SECRETARY REQUIRED TO CONSULT THE the Airline Customer Service Commitment lines apply to passengers making connec- SECRETARY’S INSPECTOR GENERAL.—The Sec- executed by the Air Transport Association tions; retary of Transportation, in carrying out and 14 of its member airlines on June 17, (2) revise the Department of Transpor- this Act and the provisions of section 41722 1999; tation’s method for calculating and report- and 41723 of title 49, United States Code, ‘‘(2) incorporate its customer service plan ing the rate of mishandled baggage for air shall consult with the Inspector General of in its contract of carriage; carriers to reflect the reporting require- the Department of Transportation. ‘‘(3) incorporate the provisions of that ments of section 41722(h) of title 49, United Commitment if, and to the extent that those States Code; and By Ms. SNOWE (for herself, Mr. provisions are more specific than, or relate (3) revise the Department of Transpor- ROCKEFELLER, Mr. DEWINE, Mr. to issues not covered by, its customer service tation’s Regulation (14 C.F.R. 250.5) gov- DODD, Ms. COLLINS, Mrs. LIN- plan; erning the amount of denied boarding com- COLN, and Mr. BREAUX): ‘‘(4) submit a copy of its customer service pensation for passengers denied boarding in- S. 484. A bill to amend part B of title plan to the Secretary of Transportation; voluntarily to increase the maximum IV of the Social Security Act to create ‘‘(5) post a copy of its contract of carriage amount thereof. a grant program to promote joint ac- on its Internet website, if any; and (b) REVIEW OF REGULATIONS.— tivities among Federal, State, and ‘‘(6) notify all ticketed customers, either (1) IN GENERAL.—Within 1 year after the local public child welfare and alcohol date of enactment of this Act, the Secretary at the time a ticket is purchased or on a and drug abuse prevention and treat- printed itinerary provided to the customer, shall complete a thorough review of the De- that the contract of carriage is available partment of Transportation’s regulations ment agencies; to the Committee on upon request or on the air carrier’s website. that relate to air carriers’ treatment of cus- Finance. ‘‘(b) MODIFICATIONS.—Any modification in tomers, and make such modifications as may Ms. SNOWE. Mr. President I rise any air carrier’s customer service plan shall be necessary or appropriate to ensure the en- today to introduce the Child Protec- be promptly incorporated in its contract of forceability of those regulations and the pro- tion/Alcohol and Drug Partnership Act,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.048 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1995 and I am pleased to be joined by my likelier to be abused and more than emy of Child & Adolescent Psychiatry; good friends, Senators ROCKEFELLER, four times likelier to be neglected than the American Academy of Pediatrics; DEWINE, DODD, COLLINS, and LINCOLN. children of parents who are not sub- the American Prosecutors Research In- Mr. President this bill is an enor- stance abusers. Children in alcohol- stitute; the American Psychological mously important piece of legislation. abusing families were nearly four Association; the American Public It provides the means for states to sup- times more likely to be maltreated Human Services Association; the Child port some of our most vulnerable fami- overall, almost five times more likely Welfare League of America; the Chil- lies, families who are struggling with to be physically neglected, and 10 times dren’s Defense Fund; Fight Crime: In- alcohol and drug abuse, and the chil- more likely to be emotionally ne- vest in Kids; the Maine Association of dren who are being raised in these glected than children in families with- Prevention Programs; the Maine Asso- homes. out alcohol problems. ciation of Substance Abuse Programs; It is obvious, both anecdotally and A 1994 study published in the Amer- the Maine Children’s Trust; Mainely statistically, that child welfare is sig- ican Journal of Public Health fund that Parents; the Massachusetts Society for nificantly impacted by parental sub- children prenatally exposed to sub- the Prevention of Cruelty to Children; stance abuse. And it makes a lot of stances have been found to be two to the National Conference of State Leg- sense to fund state programs to address three times more likely to be abused islators; the New York State Office of these two issues in tandem. The real than non-exposed children. And as Alcoholism and Substance Abuse Serv- question in designing and supporting many as 80 percent of prenatally drug ices; and Prevent Child Abuse America. child welfare programs is how can we, exposed infants will come to the atten- I encourage my colleagues to take a public policy makers, government offi- tion of child welfare before their first look at our bill, to think seriously cials, welfare agencies, honestly expect birthday. Abused and neglected chil- about the future for kids in their to improve child welfare without ap- dren under age six face the risk of more states, and to work with us in passing propriately and adequately addressing severe damage than older children be- this very important piece of legisla- the root problems affecting these chil- cause their brains and neurological tion. I ask unanimous consent that a dren’s lives? systems are still developing. fact sheet and section-by-section de- We know that substance abuse is the Unfortunately, child welfare agencies scription of the bill be printed in the primary ingredient in child abuse and estimate that only a third of the 67 RECORD. neglect. Most studies find that between percent of the parents who need drug There being no objection, the mate- one-third and two-thirds, and some say or alcohol prevention and treatment rial was ordered to be printed in the as high as 80 percent to 90 percent, of services actually get help today. RECORD, as follows: children in the child welfare system This bill is about preventing prob- come from families where parental sub- FACT SHEET—CHILD PROTECTION/ALCOHOL AND lems. My colleagues and I know that DRUG PARTNERSHIP ACT OF 2001 stance abuse is a contributing factor. what is most important here is the The Child Protection/Alcohol and The Child Protection/Alcohol and Drug safety and well-being of America’s chil- Partnership Act of 2001 is a bill to create a Drug Partnership Act creates a new dren. We expect much of our youth be- grant program to promote joint activities five-year $1.9 billion state block grant cause they are the future of our nation. among Federal, State, and local public child program to address the connection be- welfare and alcohol and drug abuse preven- tween substance abuse and child wel- In turn, we must be willing to give them the support they need to learn tion and treatment agencies to improve child fare. Payments would be made to pro- safety, family stability, and permanence for mote joint activities among federal, and grow, so that they can lead healthy children in families with drug and alcohol state, and local public child welfare and productive lives. problems, as well as promote recovery from In 1997 Congress passed the Adoption and alcohol and drug prevention and drug and alcohol problems. and Safe Families Act, ASFA, authored Child welfare agencies estimate that only treatment agencies. Our underlying be- a third of the 67 percent of the parents who lief, and the point of this bill, is to en- by the late Senator John Chafee. ASFA promotes safety, stability, and perma- need drug or alcohol prevention and treat- courage existing agencies to work to- ment services actually get help today. This gether to keep children safe. nence for all abused and neglected chil- dren and requires timely decision-mak- bill builds on the foundation of the Adoption HHS will award grants to States and and Safe Families Act of 1997 which requires Indian tribes to encourage programs ing in all proceedings to determine states to focus on a child’s need for safety, for families who are known to the child whether children can safely return health and permanence. The bill creates new welfare system and have alcohol and home, or whether they should be funding for alcohol and drug treatment and drug abuse problems. These grants will moved to permanent, adoptive homes. other activities that will serve the special forge new and necessary partnerships Specifically, the law requires a State needs of these families to either provide to ensure that services are provided to treatment for parents with alcohol and drug between the child protection agencies abuse problems so that a child can safely re- and the alcohol and drug prevention the families of children who are at risk, so that children can remain safely turn to their family or to promote timely de- and treatment agencies so they can cisions and fulfill the requirement of the 1997 work together to provide services fort with their families or return home Adoption and Safe Families Act to provide this population. The program is de- after being in foster care. services prior to adoption. signed to increase the capacity of both The bill we are introducing today Grants to promote child protection/alcohol and the child welfare and alcohol and drug identifies a very specific area in which drug partnerships systems to comprehensively address families and children need services, In an effort to improve child safety, family the needs of these families to improve substance abuse. And it will ensure stability, and permanence as well as promote child safety, family stability, and per- that states have the funding necessary recovery from alcohol and drug abuse prob- manence, and to promote recovery to provide services as required under lems. HHS will award grants to States and from alcohol and drug problems. the Adoption and Safe Families Act. Indian tribes to encourage programs for fam- Statistics paint an unhappy picture On March 23, 2000, Kristine Ragaglia, ilies who are known to the child welfare sys- for children of substance abusing par- Commissioner of the Connecticut De- tem and have alcohol and drug abuse prob- partment of Children and Families, lems. Such grants will forge new and nec- ents: a 1998 report by the National essary partnerships between the child pro- Committee to Prevent Child Abuse testified before the House Sub- tection agencies and the alcohol and drug found that 36 states reported that pa- committee on Human Resources on prevention and treatment agencies in States rental substance abuse and poverty are this issue. She said simply that ‘‘If sub- so they can together provide necessary serv- the top two problems exhibited by fam- stance abuse issues are left ices for this unique population. ilies reported for child maltreatment. unaddressed, many of the system’s ef- These grants will help build new partner- And a 1997 survey conducted by the forts to protect children and to pro- ships to provide alcohol and drug abuse pre- Child Welfare League of America found mote positive change in families will vention and treatment services that are be wasted.’’ This legislation aims to timely, available, accessible, and appropriate that at least 52 percent of placements and include the following components: into out-of-home care were due in part address this very gap in our nation’s (A) Preventive and early intervention serv- to parental substance abuse. child protection system. ices for the children of families with alcohol Children whose parents abuse alcohol I am pleased that this legislation has and drug problems that combine alcohol and and drugs are almost three times been endorsed by the American Acad- drug prevention services with mental health

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and domestic violence services, and recog- SECTION-BY-SECTION—CHILD PROTECTION/ glect and more accurately identify abuse in nize the mental, emotional, and develop- ALCOHOL AND DRUG PARTNERSHIP ACT OF 2001 families, increase staff knowledge of the mental problems the children may experi- A bill to amend part B of title IV of the So- services and resources that are available in ence. cial Security Act to create a grant pro- the communities, and increase awareness of permanence for children and the urgency for (B) Prevention and early intervention serv- gram to promote joint activities among Federal, State, and Local public child wel- time lines in making these decisions. ices for families at risk of alcohol and drug (C) Improving data systems to monitor the problems. fare and alcohol and drug abuse prevention and treatment agencies. progress of families, evaluate service and (c) Comprehensive home-based, out-patient treatment outcomes, and determine which Grants to promote child protection/alcohol and and residential treatment options. approaches are most effective. drug partnership for children (D) Evaluation strategies to identify the (D) Formal and informal after-care support In an effort to improve child safety, family effectiveness of treatment that has the for families in recovery that promote child stability, and permanence, as well as pro- greatest impact on families in different cir- safety and family stability. mote recovery from alcohol and drug abuse cumstances. (E) Services and supports that promote problems, the Secretary may award grants (E) Training and technical assistance to in- positive parent-child interaction. to eligible States and Indian tribes to foster crease the State’s capacity to perform the programs for families who are known to the above activities. Forging new partnerships child welfare system to have alcohol and Plan descriptions and assurances—States drug abuse problems. The Secretary shall no- GAO and HHS studies indicate that the ex- and Indian tribes should create a plan that tify States and Indian tribes of approval or isting programs for alcohol and drug treat- includes the following descriptions and as- denial not later than 60 days after submis- ment do not effectively service families in surances: sion. (A) A description of the jurisdictions in the the child protection system. Therefore, this State whether urban, suburban, or rural, and new grant program will help eliminate bar- State plan requirements the State’s plan to expand activities over the riers to treatment and to child safety and In order to meet the prevention and treat- 5-year funding cycle to other parts of the permanence by encouraging agencies to ment needs of families with alcohol and drug abuse problems in the child welfare system State. build partnerships and conduct joint activi- (B) A description of the way in which the ties including: and to promote child safety, permanence, and family stability, State agencies will State agency will measure progress, includ- (A) Promote appropriate screening and as- jointly work together, creating a plan to ing how the agency will jointly conduct an sessment of alcohol and drug problems. identify the extent of the drug and alcohol evaluation of the results of the activities. (C) A description of the input obtained (B) Create effective engagement and reten- abuse problem. from staff of State agencies, advocates, con- tion strategies that get families into timely Creation of plan—State agencies will pro- sumers of prevention and treatment services, treatment. vide data on appropriate screening and as- sessment of cases, consultation on cases in- line staff from public and private child wel- (C) Encourage joint training for staff of volving alcohol and drug abuse, arrange- fare and drug abuse agencies, judges and child welfare and alcohol and drug abuse pre- ments for addressing confidentiality and court staff, representatives of health, mental vention and treatment agencies, and judges sharing of information, cross training of health, domestic violence, housing and em- and other court personnel to increase under- staff, co-location of services, support for ployment services, as well as representative standing of alcohol and drug problems re- comprehensive treatment for parents and of the State agency in charge of admin- lated to child abuse and neglect and to more their children, and priority of child welfare istering the temporary assistance to needy accurately identify alcohol and drug abuse in families for assessment or treatment. families program (TANF). families. Such training increases staff Identify activities—A description of the (D) An assurance of coordination with knowledge of the appropriate resources that activities and goals to be implemented under other services provided under other Federal are available in the communities, and in- the five-year funding cycle should be identi- or federally assisted programs including creases awareness of the importance of per- fied, such as: identify and assess alcohol and health, mental health, domestic violence, manence for children and the urgency for ex- drug treatment needs, identify risks to chil- housing, employment programs, TANF, and pedited time lines in making these decisions. dren’s safety and the need for permanency, other child welfare and alcohol and drug enroll families in appropriate services and abuse programs and the courts. (D) Improve data systems to monitor the (E) An assurance that not more than 10 progress of families, evaluate service and treatment in their communities, and regu- larly assess the progress of families receiv- percent of expenditures under the State plan treatment outcomes, and determine which for any fiscal year shall be for administra- approaches are most effective. ing such treatment. Implement prevention and treatment serv- tive costs. However, Indian tribes will be ex- (E) Evaluate strategies to identify the ef- ices—States and Indian tribes should imple- empt from this limitation and instead may fectiveness of treatment and those parts of ment individualized alcohol and drug abuse use the indirect cost rate agreement in effect the treatment that have the greatest impact prevention and treatment services that are for the tribe. (F) An assurance from States that Federal on families in different circumstances. available, accessible, and appropriate that funds provided will not be used to supplant include the following components: New, targeted investments Federal or non-Federal funds for services and (A) Preventive and early intervention serv- activities provided as of the date of the sub- A total of $1.9 billion will be available to ices for the children of families with alcohol mission of the plan. However, Indian tribes and drug abuse problems that integrate alco- eligible states with funding of $200 million in will be exempt from this provision. hol and drug abuse prevention services with the first year expanding to $575 million by Amendments—A State or Indian tribe may mental health and domestic violence serv- the last year. The amount of funding will be amend its plan, in whole or in part at any ices, as well as recognizing the mental, emo- based on the State’s number of children time through a plan amendment. The amend- tional, and developmental problems the chil- under 18, with a small state minimum to en- ment should be submitted to the Secretary dren may experience. sure that every state gets a fair share. Indian not later than 30 days after the date of any (B) Prevention and early intervention serv- tribes will have a 3–5 percent set aside. State changes. Approval from the Secretary shall ices for parents at risk for alcohol and drug child welfare and alcohol and drug agencies be presumed unless, the State has been noti- abuse problems. shall have a modest matching requirement fied of disapproval within 60 days after re- (C) Comprehensive home-based, out-pa- for funding beginning with a 15 percent ceipt. tient and residential treatment options. match and gradually increasing to 25 per- Special application to Indian tribes—The (D) Formal and informal after-care support cent. The Secretary has discretion to waive Indian tribe must submit a plan to the Sec- for families in recovery. the State match in cases of hardship. retary that describes the activities it will (E) Services and programs that promote undertake with both the child welfare and Accountability and performance measurement parent-child interaction. alcohol and drug agencies that serve its chil- Sharing information among agencies— dren to address the needs of families who To ensure accountability, HHS and the re- Agencies should eliminate existing barriers come to the attention of the child welfare lated State agencies must establish indica- to treatment and to child safety and perma- agency who have alcohol and drug problems. tors within 12 months of the enactment of nence by sharing information among agen- The Indian tribe must also meet other appli- this law which will be used to assess the cies and learning from the various treatment cable requirements, unless the Secretary de- State’s progress under this program. Annual protocols of other agencies such as: termines that it would be inappropriate reports by the States must be submitted to (A) Creating effective engagement and re- based on the tribe’s resources, needs, and HHS. Any state that fails to submit its re- tention strategies. other circumstances. port will lose its funding for the next year, (B) Encouraging joint training of child wel- until it comes into compliance. HHS must fare staff and alcohol and drug abuse preven- Appropriation of funds issue an annual report to Congress on the tion agencies, and judges and court staff to Appropriations—A total of 1.9 billion dol- progress of the Child Protection/Alcohol and increase awareness and understanding of lars will be appropriated to eligible States Drug Partnership grants. drug abuse and related child abuse and ne- and Indian tribes at the progression rate of:

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.101 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1997 (1) for fiscal year 2002, $200,000,000; tribe may be used in that fiscal year or the Evaluations—Not later than six months (2) for fiscal year 2003, $275,000,000; succeeding fiscal year. If a State does not after the end of each five year funding cycle, (3) for fiscal year 2004, $375,000,000; apply for funds allotted within the time pro- the Secretary shall submit a report to the (4) for fiscal year 2005, $475,000,000; and vided, the funds will be reallotted to one or above committees, the results of the evalua- (5) for fiscal year 2006, $575,000,000. more other eligible States on the basis of the tions as well as recommendations for further Territories—The Secretary of HHS shall needs of that individual state. In the case of legislative actions. reserve 2 percent of the amount appropriated Indian tribes, funds will be reallotted to re- Mr. ROCKEFELLER. Mr. President, I each fiscal year for payments to Puerto maining tribes that are implementing ap- am here today to talk about our Na- Rico, Guam, the United States Virgin Is- proved plans. tion’s most vulnerable children, inno- lands, American Samoa, and the Northern Performance measurement Mariana Islands. In addition, the Secretary cent children who have been abused or Establishment of indicators—The Sec- shall reserve from 3 to 5 percent of the neglected by parents, many of whom retary, in consultation with the Assistant amount appropriated for direct payment to have alcohol and drug abuse problems. Secretary for the Administration for Chil- Indian tribes. Over 500,000 children receive foster care dren and Families, the Administrator of the Research and training—The Secretary Substance Abuse and Mental Health Services services nationwide, including 3,000 shall reserve 1 percent of the appropriated Administration within HHS, and with state children in West Virginia. These num- amount for each fiscal year for practice- and local government, public officials re- bers belie our policy that every child based research on the effectiveness of var- sponsible for administering child welfare and deserves a safe, healthy, permanent ious approaches for screening, assessment, alcohol and drug abuse prevention and treat- engagement, treatment, retention, and mon- home, as specified in the fundamental ment programs, court staff, consumers of the itoring of families and training of staff in guidelines set forth in the 1997 Adop- services, and advocates for these children such areas. In addition, the Secretary will tion and Safe Families Act, ASFA. and parents will establish indicators within also ensure that a portion of these funds are National statistics tell us that a ma- 12 months of the enactment of this law used for research on the effectiveness of jority of families in the child welfare which will be used to assess the performance these approaches for Indian children and the system may struggle with alcohol and/ of States and Indian tribes. A State or In- training of staff. dian tribe will be measured against itself, as- or drug abuse. One recent survey noted Determination of use of funds—Funds may that 67 percent of parents involved in only be used to carry out a specific research sessing progress over time against a baseline established at the time the grant activities child abuse or neglect cases required agenda established by the Secretary, to- alcohol or drug treatment, but only gether with the Assistant Secretary of the were undertaken. Illustrative examples—Indicators of activi- Administration for Children and Families one-third of those parents received ap- ties to be measured include: and the Administrator of Substance Abuse propriate treatment or services to ad- (A) Improve screening and assessment of and Mental Health Services Administration dress their addiction. In my own state families. with input from public and private nonprofit of West Virginia, over half of the chil- (B) Increase availability of comprehensive providers, consumers, representatives of In- individualized treatment. dren placed in the foster care system dian tribes and advocates. (C) Increase the number/proportion of fam- have families with substance abusing Payments to states ilies who enter treatment promptly. behaviors. We are also aware of count- Amount of grant to States and terri- (D) Increase engagement and retention. less numbers of other children who, tories—Each eligible State will receive an (E) Decrease the number of children who while not receiving foster care serv- amount based on the number of children re-enter foster care after being returned to ices, are at risk of neglect due their under the age of 18 that reside in that State. families who had alcohol or drug problems. parents’ addictions. There will be a small state minimum of .05 (F) Increase number/proportion of staff Another stunning, sad statistic is percent to ensure that all States are eligible trained. that children with open child welfare (G) Increase the proportion of parents who for sufficient funding to establish a program. cases whose parents have substance Amount of grant to Indian tribes or tribal complete treatment and show improvement organizations—Indian tribes shall be eligible in their employment status. abuse problems are younger than other for a set aside of 3 to 5 percent. This amount Reports—The child welfare and alcohol and children in the foster care system and will be distributed based on the population of drug abuse and treatment agencies in each are more likely to suffer severe, chron- children under 18 in the tribe. eligible state, and the Indian tribes that re- ic neglect from their parents. Once State matching requirement—States shall ceive funds shall submit no later than the these children are placed in the foster provide, through non-Federal contributions, end of the first fiscal year, a report to the care system, they tend to stay in care the following applicable percentages for a Secretary describing activities carried out, longer than other children. given fiscal year: and any changes in the use of the funds It will be impossible to achieve the planned for the succeeding fiscal year. After (A) for fiscal years 2002 and 2003, 15 percent critical goal of safe, healthy, and per- match; the first report is submitted, a State or In- (B) for fiscal years 2004 and 2005, 20 percent dian tribe must submit to the Secretary an- manent homes for children in the child match; and nually, by the end of the third quarter in the protection system if we do not address (C) for fiscal year 2006, 25 percent match. fiscal year, a report on the application of the the problems of parental alcohol and Source of match—The non-Federal con- indicators to its activities, an explanation of drug abuse. tributions required of States may be in cash why these indicators were chosen, and the Examining the effects of substance or in-kind including plant equipment or results of the evaluation to date. After the abuse involves complex and far-reach- services made directly from donations from third year of the grant all of the States must ing issues. As part of the 1997 Adoption public or private entities. Amounts received include indicators that address improve- and Safe Families Act, the Department from the Federal Government may not be in- ments in treatment. A final report on eval- cluded in the applicable percentage of con- uation and the progress made must be sub- of Health and Human Services, HHS, tributions for a given fiscal year. However, mitted to the Secretary not later than the was directed to study substance abuse Indian tribes may use three Federal sources end of each five year funding cycle of the as it relates to and within the frame- of matching funds: Indian Child Welfare Act grant. work of the child protection system. funds, Indian Self-Determination and Edu- Penalty—States or Indian tribes that fail Their important report, ‘‘Blending Per- cation Assistance Act Funds, and Commu- to report on the indicators will not be eligi- spectives and Building Common nity Block Grant funds. ble for grant funds for the fiscal year fol- Ground,’’ outlines many challenges. It Waiver—The Secretary may modify match- lowing the one in which it failed to report, concludes that we lack the necessary ing funds if it is determined that extraor- unless a plan for improving their ability to dinary economic conditions in the State jus- monitor and evaluate their activities is sub- array of appropriate substance abuse tify the waiver. Indian tribes’ matching mitted to the Secretary and then approved treatment programs and services, and funds may also be modified if the Secretary in a timely manner. emphasizes the well-known lack of determines that it would be inappropriate Secretarial reports and evaluations—Be- services designed for women, especially based on the resources and needs of the tribe. ginning October 1, 2003, the Secretary, in for women and their children. In addi- Use of funds and deadline for request of consultation with the Assistant Secretary tion, the report notes that the separate payment—Funds may only be used to carry for the Administration for Children and substance abuse and child protection out activities specified in the plan, as ap- Families, and the Administrator of the Sub- systems have no purposeful, planned proved by the Secretary. Each State or In- stance Abuse and Mental Health Service Ad- dian tribe shall apply to be paid funds not ministration, shall report annually, to the partnership to address the unique later than the beginning of the fourth quar- Committee on Ways and Means of the House needs of abused and neglected children. ter of a fiscal year or they will be reallotted. of the Representatives and the Committee on The report details the lack of a coop- Carryover and reallocation of funds— Finance of the Senate on the joint activities, erative, inter-agency relationship be- Funds paid to an eligible State or Indian indicators, and progress made with families. tween the two systems whose staffs

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.103 pfrm08 PsN: S07PT1 S1998 CONGRESSIONAL RECORD — SENATE March 7, 2001 work diligently to provide services better understand the relationship be- those who are unsuccessful, we will under their own jurisdiction, but have tween substance abuse and child mal- know that we have put forth a reason- minimal communication, different treatment. able, good faith effort and learned an goals, and divergent service philoso- Today, I am proud to join with my important lesson—that some children phies with regard to each other. For colleagues, Senators SNOWE, DEWINE, need alternate homes, and that we will example, each system has different and DODD, to introduce legislation to still need to pursue adoption for some definitions of the ‘‘client served.’’ address the challenges of abused and children. Under the Adoption and Safe While ASFA views the child as ‘‘the neglected children whose parents have Families Act, courts cannot move for- client’’ and expects child protection alcohol and/or drug problems. We have ward on adoption until appropriate agencies and courts to consider termi- worked with state officials, child advo- services have been provided to families. nation, within a 22-month time frame, cates, criminal justice officials, and That is the law, and we need to follow of parental rights for children receiv- members of the substance abuse com- it. ing foster care service for 15 months, munity to develop the Child Protec- Our bill will promote a responsible substance abuse treatment providers tion/Alcohol and Drug Partnership Act approach with a focus on account- often view the adult as the client, with of 2001. This bill builds on ASFA’s fun- ability. It requires annual progress re- different time frames and expectations damental goal of making a child’s safe- ports that detail defined outcomes, for recovery. ty, health, and permanency para- challenges, and proposed solutions. In order to meet the goals of ASFA, mount. These reports will evaluate parental we must develop new ways to encour- To accomplish this bold purpose, we treatment outcomes, the child’s safety, age these two independent systems to must invest in a partnership designed and the stability of the family. work together on behalf of parents to respond to the needs and priorities Throughout the years, I have worked with substance abuse problems and outlined in the HHS report. I believe to address the needs of abused and ne- their children. The issues of addiction that a new program and a new ap- glected children in a bipartisan matter. and children receiving protection serv- proach are essential. Existing sub- I am proud to continue this bipartisan ices cannot be addressed in isolation. It stance abuse treatment programs such approach as we come to grips with such is essential to consider the total pic- as those designed to serve single males a controversial and emotionally ture: The needs of the child, the needs cannot respond to the needs of a moth- charged issue as protecting children of the parents, and cost-effective serv- er and her child. who are abused and neglected by their ices that meet adoption laws’ goal to To be effective, we must connect substance-abusing parents. provide every child with a safe, child protection and substance abuse By Mr. HOLLINGS (for himself healthy, and permanent home. treatment staffs and support them to and Mr. MCCAIN): The HHS report identifies significant work in partnership to test and iden- priorities. First, it calls for building S. 485. A bill to amend Federal law tify best practices. Forging new part- regarding the tolling of the Interstate collaborative working relationships be- nerships take time—and it takes tween the child protection and sub- Highway System; to the Committee on money. That is why this bill invests Environment and Public Works. stance abuse agencies. $1.9 billion over 5 years to combat the While substance abuse treatment is a Mr. HOLLINGS. Mr. President, I rise problems of substance abuse faced by challenge in and of itself, the report ex- to bring to your attention an issue of families whose children are sheltered plains that effective treatment is fur- great national concern. We all remem- by the child protection system. I un- ther complicated for parents with chil- ber the great debate that this chamber dren. The majority of substance abuse derstand this is a large sum, but alco- had last year during reauthorization of treatment programs are not set up to hol and drug abuse is an enormous the federal highway bill, TEA–21. We serve both women and their children. problem in our country and represents all negotiated to get more funds for our While our country in general lacks the an overwhelming financial and human states because we know that more in- comprehensive services needed for such loss. Before reacting to the bill expend- vestment in our highways means bet- families, there are some models and iture alone, consider the costs we ter, safer, and more efficient transpor- promising practices on how to serve would incur if we remain silent on this tation for those who reply on roads for both parents and children. issue. If we do not invest in substance making deliveries, going to work or One model can be found in my State, abuse prevention and treatment for school, or just doing the grocery shop- the MOTHERS program in Beckley, such families, we cannot effectively ping. Transportation is the linchpin for WV, which serves women and their combat the abuse and neglect of chil- economic development, and those children. The majority of these women dren. states that have good, efficient trans- have either lost custody of their chil- Our bill is designed to tackle this portation systems attract business de- dren or were under child protection tough issue and encourage child protec- velopment, ultimately raising stand- service investigation or mandate, are tion and substance abuse agencies to ards of living. However, I think that we typically unemployed and untrained work in partnership and promote inno- may have gone too far in authorizing for gainful employment, have few aspi- vative approaches within both of their states additional means to raise rev- rations, and wrestle with depression. systems to support women and their enue for highway improvements. These This innovation program simulta- children. This bill can provide funding means to raise revenue are not produc- neously addresses the needs of both for outreach services to families, tive and hurt our system of transpor- mothers and their children, through in- screening and assessment to enhance tation. dividual and joint therapy, in such prevention, outpatient or residential Specifically, I am concerned that areas as recovery, mental health coun- treatment services, retention supports states have too much flexibility to es- seling, employment, academic edu- to aid mothers to remain in treatment, tablish tolls on our Interstate highway cation, healthy living skills, parenting, and aftercare services to keep families system. For many states, the large in- and family permanency. These services and children safe. This bill also ad- creases in TEA–21 funding have satis- are provided using a residential model dresses the importance of dual training fied the need to invest in infrastruc- where mothers and their children live for the staffs of the child protection ture. Other states have found that they in a therapeutic environment and re- and substance abuse treatment sys- need to raise more money, and so they ceive temporary housing, meal service, tems, to share effective strategies in have raised their state fuel taxes or recreation activities, and transpor- order to meet the goal of safe and per- taken other actions to raise the needed tation to and from community Alco- manent homes for children. revenue. These increases may be dif- holics Anonymous and Narcotics Anon- If we choose to invest in child protec- ficult to implement politically, be- ymous meetings. The bill we are intro- tion and substance abuse partnerships cause frankly most people don’t sup- ducing today would give other local- for families, we can achieve two things. port any tax increase. However, I be- ities the opportunity to develop similar For many families, I hope that parents lieve that highway tolls are a non-pro- programs or alternative models. will achieve sobriety through treat- ductive and overly intrusive means of In addition, the HHS report recog- ment and that their children will re- raising revenue causing more harm to nizes the importance of research to turn to a safe and stable home. For commerce than can be justified.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.105 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S1999 Congress, mistakenly in my opinion, SEC. 2. INTERSTATE SYSTEM RECONSTRUCTION was completely shattered and nearly increased the authority of states to put AND REHABILITATION PILOT PRO- extinguished by a wrongful conviction. GRAM REPEALED. tolls on their Interstate highway in Section 1216(b) of the Transportation Eq- And those were the ‘‘lucky’’ ones. We TEA–21. I am introducing the inter- uity Act for the 21st Century (112 Stat. 212- simply do not know how many inno- state Tolls Relief Act of 2001 to restrict 214; 23 U.S.C. 19 nt) is repealed. cent people remain on death row, and Interstate toll authority. The debate SEC. 3. TOLLS ON BRIDGES AND TUNNELS. how many may already have been exe- over highway tolls goes back to the Section 129(a)(1)(C) of title 23, United cuted. genesis of our Republic, and contrib- States Code, is amended by striking ‘‘toll- People of good conscience can and uted to our movement away from the free bridge or tunnel’’ and inserting ‘‘toll- will disagree on the morality of the free major bridge or toll-free tunnel’’. Articles of Confederation to a more death penalty. I have always opposed SEC. 4. LIMITATION ON USE OF TOLL REVENUES. uniform system of governance under it. I did when I was a prosecutor, and I Section 129(a)(3) of title 23, United States do today. But no matter what you be- the U.S. Constitution. Toll roads were Code, is amended by— the bane of commerce, in the early (1) striking ‘‘first’’ in the first sentence lieve about the death penalty, no one years of the Republic, as each state and inserting ‘‘only’’; and wants to see innocent people sentenced would attempt to toll the interstate (2) striking ‘‘If the State certifies annually to death. It is completely unaccept- traveling public to finance state public that the tolled facility is being adequately able. improvements. Ultimately, frustration maintained, the State may use any toll reve- A year ago, along with several of my nues in excess of amounts required under the with delay and uneven costs helped colleagues, I introduced the Innocence preceding sentence for any purpose for which Protection Act of 2000. I hoped this bill contribute to the adoption of Com- Federal funds may be obligated by a State merce Clause powers to help facilitate would stimulate a national debate and under this title.’’. begin work on national reforms on interstate and foreign trade. Those what is, as I said, a national problem. same concerns hold true today, and I By Mr. LEAHY (for himself, Mr. A year later, the national debate is think that we in Congress must take a SMITH of Oregon, Ms. COLLINS, well under way, but the need for real, national perspective and promote Mr. LEVIN, Mr. FEINGOLD, Mr. concrete reforms is more urgent than interstate commerce. JEFFORDS, Mr. KENNEDY, Mr. ever. CHAFEE, Mr. AKAKA, Ms. MIKUL- I think that if one were to ask the Today, my friend GORDON SMITH and SKI, Mr. DODD, Mr. LIEBERMAN, citizens of the United States about I are introducing the Innocence Protec- Mr. TORRICELLI, Mr. tolls, they would ultimately conclude tion Act of 2001. We are joined by Sen- WELLSTONE, Mrs. BOXER, and that Interstate tolls would reduce by ators from both sides of the aisle, by Mr. CORZINE): efficiency of our Interstate highways, some who support capital punishment S. 486. A bill to reduce the risk that increase shipping costs, and make and by others who oppose it. On the Re- innocent persons may be executed, and interstate travel more expensive and publican side, I want to thank Senators for other purposes; to the Committee less convenient. Not to mention the SUSAN COLLINS and LINCOLN CHAFEE, on the Judiciary. safety problems associated with erect- Mr. LEAHY. Mr. President, a little and my fellow Vermonter JIM JEF- ing toll booths and operating them to over one year ago, I came to this floor FORDS. On the Democratic side, my collect revenues. to draw attention to the growing crisis thanks to Senators LEVIN, FEINGOLD, KENNEDY, AKAKA, MIKULSKI, DODD, Now, I recognize that tolls under cer- in the administration of capital pun- LIEBERMAN, TORRICELLI, WELLSTONE, tain circumstances may be a good idea, ishment. I noted the startling number BOXER and CORZINE. I also want to and my bill does not prevent states of cases, 85, in which death row in- thank our House sponsors WILLIAM from tolling non-Interstate highways. mates had been exonerated after long DELAHUNT, and RAY LAHOOD, along My bill also does not affect tolls on stays in prison. In some of those cases, with their 117 additional cosponsors, highways where they are already in the inmate had come within days of use, and states will continue to be able both Democratic and Republican. being executed. Over the last year we have turned the to rely on existing tolls for revenues. A lot has happened in a year. For one corner in showing that the death proc- Furthermore, my bill recognizes that thing, a lot more death row inmates ess is broken. Now we will push for- when funds must be found for a major have been exonerated. The number ward to our goal of acting on reforms Interstate bridge or tunnel project, jumped in a single year from 85 all the that address these problems. states may have no other option but to way to 95. There are now 95 people in 22 Here on Capitol Hill it is our job to use tolls to finance the project. They States who have been cleared of the represent the public. The scores of leg- may continue to do so under my bill. I crime that sent them to death row, ac- islators who have sponsored this legis- believe this consistent with the origi- cording to the Death Penalty Informa- lation clearly do represent the Amer- nal intent of authority granted for tion Center. The appalling number of ican public, both in their diversity and Interstate tolls. What my bill does is to exonerations, and the fact that they in their readiness to work together in a prevent the proliferation of Interstate span so many States, a substantial ma- bipartisan manner for common-sense tolls, and restrict tolling authority for jority of the States that have the death solutions. major bridges and tunnels. penalty, makes it clearer than ever Too often in this chamber, we find This bill is essential if we are to con- that the crisis I spoke of last year is ourselves dividing along party or ideo- tinue to have an Interstate Highway real, and that it is national in its logical lines. The Innocence Protection System that is safe and facilitates the scope. This is not an ‘‘Illinois problem’’ Act is not about that, and it is not efficient movement of Interstate com- or a ‘‘Texas problem.’’ Nor, with Earl about whether, in the abstract, you merce and personal travel. I urge the Washington’s release last month from favor or disfavor the death penalty. It support of my colleagues. prison, is it a ‘‘Virginia problem.’’ is about what kind of society we want There are death penalty problems America to be in the 21st Century. I ask unanimous consent that the across the nation, and as a nation we The goal of our bill is simple, but text of the bill be printed in the need to pay attention to what is hap- profoundly important: to reduce the RECORD. pening. risk of mistaken executions. The Inno- There being no objection, the bill was It seems like every time you pick up cence Protection Act proposes basic, ordered to be printed in the RECORD, as a paper these days, there is another common-sense reforms to our criminal follows: story about another person who was justice system that are designed to S. 485 sentenced to death for a crime that he protect the innocent and to ensure that did not commit. The most horrifying if the death penalty is imposed, it is Be it enacted by the Senate and House of Rep- miscarriages of justice are becoming the result of informed and reasoned de- resentatives of the United States of America in commonplace: ‘‘Yet Another Innocent liberation, not politics, luck, bias, or Congress assembled, Person Cleared By DNA, Walks Off guesswork. We have listened to a lot of SECTION 1. SHORT TITLE. Death Row,’’ story on page 10. We good advice and made some refine- This Act may be cited as the ‘‘Interstate should never forget that behind each of ments to the bill since the last Con- Tolls Relief Act of 2001’’. these headlines is a person whose life gress, but it is still structured around

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.071 pfrm08 PsN: S07PT1 S2000 CONGRESSIONAL RECORD — SENATE March 7, 2001 two principal reforms: improving the yers, and judges. The Commission legal representation in capital cases availability of DNA testing, and ensur- would be tasked with formulating through the establishment of counsel ing reasonable minimum standards and standards that specify the elements of standards. Congress has already gone funding for court-appointed counsel. an effective system for providing ade- on record in recognizing what has to be The need to make DNA testing more quate representation in capital cases. done. Now it is time to actually do it. available is obvious. DNA is the The bill also authorizes more than If we had a series of close calls in air- fingerpint of the 21st Century. Prosecu- $50,000,000 in grants to help put the new line traffic, we would be rushing to fix tors across the country use it, and standards into effect. the problem. These close calls on death rightly so, to prove guilt. By the same We have consulted a great many row should concentrate our minds, and token, it should be used to do what it legal experts in the course of formu- focus our will, to act. is equally scientifically reliable to do, lating these provisions. They have all This new Congress is, as our new prove innocence. Our bill would provide provided valuable insights, but as a President has said, a time for leader- broader access to DNA testing by con- former prosecutor myself, I have been ship. It is a time for fulfilling the com- victed offenders. It would also prevent particularly pleased with the encour- mitments we have made to the Amer- the premature destruction of biological agement and assistance we have re- ican people. And it is a time for action. evidence that could hold the key to ceived from prosecutors across the na- The Innocence Protection Act is a bi- clearing an innocent person or identi- tion. partisan effort to move beyond the pol- fying the real culprit. Good prosecutors have two things in itics of gridlock. By passing it, we can I am gratified that our bill has served common. First, good prosecutors want work cooperatively with the States to as a catalyst for reforms in the States to convict the person, not to get a con- ensure that defendants who are put on with respect to post-conviction DNA viction that may be a mistake, and trial for their lives have competent testing. In just one year, several States that may leave the real culprit in the legal representation at every stage of have passed some form of DNA legisla- clear. Second, good prosecutors want their cases. By passing it, we can send tion. Others have DNA bills under con- defendants to be represented by good a message about the values of funda- sideration. Much of this legislation is defense lawyers. Lawyers who inves- mental justice that unite all Ameri- modeled on the DNA provisions pro- tigate their client’s cases thoroughly cans. And by passing it, we can sub- posed in the Innocence Protection Act, before trial, and represent their clients stantially reduce the risk of executing and we can be proud about this. vigorously in court, are essential in innocent people. We have had a con- But there are still many States that getting at the truth in our adversarial structive debate, and we have made a have not moved on this issue, even system. noble commitment. It is now time to though it has been more than six years Given some leadership from the peo- act. since New York passed the Nation’s ple’s representatives in Congress, some I ask unanimous consent that the first post-conviction DNA statute. And fair and objective standards, and some text of the bill and a summary of the some of the States that have acted funding, America’s prosecutors will be bill be included in the RECORD. have done so in ways that will leave ready, willing and able to help fix the There being no objection, the mate- the vast majority of prisoners without system. We owe them, and the Amer- rial was ordered to be printed in the access to DNA testing. Moreover, none ican people, that leadership. RECORD, as follows: of these new laws addresses the larger On August 3, 1995, more than five S. 486 and more urgent problem of ensuring years ago, the Conference of Chief Jus- Be it enacted by the Senate and House of Rep- that people facing the death penalty tices urged the judicial leadership in resentatives of the United States of America in have adequate legal representation. each State in which the death penalty Congress assembled, The Innocence Protection Act does ad- is authorized by law to ‘‘establish SECTION 1. SHORT TITLE; TABLE OF CONTENTS. dress this problem. standards and a process that will as- (a) SHORT TITLE.—This Act may be cited as the ‘‘Innocence Protection Act of 2001’’. In our adversarial system of justice, sure the timely appointment of com- (b) TABLE OF CONTENTS.—The table of con- effective assistance of counsel is essen- petent counsel, with adequate re- tents for this Act is as follows: tial to the fair administration of jus- sources, to represent defendants in cap- Sec. 1. Short title; table of contents. tice. Unfortunately, the manner in ital cases at each stage of such pro- TITLE I—EXONERATING THE INNOCENT which defense lawyers are selected and ceedings.’’ The States’ top jurists, the THROUGH DNA TESTING compensated in death penalty cases too people who run our justice system, Sec. 101. Findings and purposes. often results in fundamental unfairness called for reform. But not much came Sec. 102. Post-conviction DNA testing in and unreliable verdicts. More than two- of their initiative. Although a few Federal criminal justice sys- thirds of all death sentences are over- States have established effective stand- tem. ards and sound administrative systems Sec. 103. Post-conviction DNA testing in turned on appeal or after post-convic- State criminal justice systems. tion review because of errors in the for the appointment and compensation Sec. 104. Prohibition pursuant to section 5 of trial; such errors are minimized when of counsel in capital cases, most have the 14th amendment. the defendant has a competent counsel. not. The do-nothing politics of gridlock Sec. 105. Grants to prosecutors for DNA test- It is a sobering fact that in some got in the way of sensible, consensus- ing programs. areas of the Nation it is often better to based reform. TITLE II—ENSURING COMPETENT LEGAL be rich and guilty than poor and inno- We have made a commitment to the SERVICES IN CAPITAL CASES cent. All too often, lawyers defending American people to do better than Sec. 201. National Commission on Capital people whose lives are at stake are in- that. At the end of the last Congress, Representation. Sec. 202. Capital defense incentive grants. experienced, inept, or just plain incom- members on both sides of the aisle Sec. 203. Amendments to prison grant pro- petent. All too often, they fail to take joined together to pass the Paul Cover- grams. the time to review the evidence and un- dell National Forensic Sciences Im- Sec. 204. Effect on procedural default rules. derstand the basic facts of the case be- provement Act and the DNA Analysis Sec. 205. Capital defense resource grants. fore the trial is under way. Backlog Elimination Act. I strongly TITLE III—MISCELLANEOUS PROVISIONS The reasons for this inadequacy of supported both bills, which will give Sec. 301. Increased compensation in Federal representation are well know: lack of States the help they desperately need cases. standards for choosing defense counsel, to reduce the backlogs of untested Sec. 302. Compensation in State death pen- alty cases. and lack of funding for this type of DNA evidence in their crime labs, and Sec. 303. Certification requirement in Fed- legal service. The Innocence Protection to improve the quality and capacity of eral death penalty prosecu- Act addresses these problems head on. these facilities. Both bills passed tions. It calls for the creation of a temporary unanimously in both houses. And in Sec. 304. Alternative of life imprisonment Commission on Capital Representation, both bills, all of us here in Congress without possibility of release. which would consist of distinguished committed ourselves to working with Sec. 305. Right to an informed jury. Sec. 306. Annual reports. American legal experts who have expe- the States to ensure access to post-con- Sec. 307. Sense of Congress regarding the rienced the criminal justice system viction DNA testing in appropriate execution of juvenile offenders first hand, prosecutors, defense law- cases, and to improve the quality of and the mentally retarded.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.072 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2001 TITLE I—EXONERATING THE INNOCENT testing, and notwithstanding the inability of ‘‘CHAPTER 156—DNA TESTING THROUGH DNA TESTING an inmate to pay for the testing. ‘‘Sec. SEC. 101. FINDINGS AND PURPOSES. (10) Since New York passed the Nation’s ‘‘2291. DNA testing. (a) FINDINGS.—Congress makes the fol- first post-conviction DNA statute in 1994, ‘‘2292. Preservation of evidence. lowing findings: only a few States have adopted post-convic- ‘‘§ 2291. DNA testing tion DNA testing procedures, and some of (1) Over the past decade, deoxyribonucleic ‘‘(a) APPLICATION.—Notwithstanding any acid testing (referred to in this section as these procedures are unduly restrictive. other provision of law, a person convicted of ‘‘DNA testing’’) has emerged as the most re- Moreover, only a handful of States have a Federal crime may apply to the appro- liable forensic technique for identifying passed legislation requiring that biological priate Federal court for DNA testing to sup- criminals when biological material is left at evidence be adequately preserved. port a claim that the person did not com- a crime scene. (11) In 1994, Congress passed the DNA Iden- mit— (2) Because of its scientific precision, DNA tification Act, which authorized the con- ‘‘(1) the Federal crime of which the person testing can, in some cases, conclusively es- struction of the Combined DNA Index Sys- was convicted; or tablish the guilt or innocence of a criminal tem, a national database to facilitate law en- ‘‘(2) any other offense that a sentencing defendant. In other cases, DNA testing may forcement exchange of DNA identification authority may have relied upon when it sen- not conclusively establish guilt or inno- information, and authorized funding to im- tenced the person with respect to the Fed- cence, but may have significant probative prove the quality and availability of DNA eral crime either to death or to an enhanced value to a finder of fact. testing for law enforcement identification term of imprisonment as a career offender or (3) While DNA testing is increasingly com- purposes. In 2000, Congress passed the DNA armed career criminal. monplace in pretrial investigations today, it Analysis Backlog Elimination Act and the ‘‘(b) NOTICE TO GOVERNMENT.—The court was not widely available in cases tried prior Paul Coverdell Forensic Sciences Improve- shall notify the Government of an applica- to 1994. Moreover, new forensic DNA testing ment Act, which together authorized an ad- tion made under subsection (a) and shall af- procedures have made it possible to get re- ditional $908,000,000 over 6 years in DNA-re- ford the Government an opportunity to re- sults from minute samples that could not lated grants. spond. previously be tested, and to obtain more in- (12) Congress should continue to provide fi- ‘‘(c) PRESERVATION ORDER.—The court formative and accurate results than earlier nancial assistance to the States to increase shall order that all evidence secured in rela- forms of forensic DNA testing could produce. the capacity of State and local laboratories tion to the case that could be subjected to Consequently, in some cases convicted in- to carry out DNA testing for law enforce- DNA testing must be preserved during the mates have been exonerated by new DNA ment identification purposes. At the same pendency of the proceeding. The court may impose appropriate sanctions, including tests after earlier tests had failed to produce time, Congress should insist that States criminal contempt, for the intentional de- definitive results. which accept financial assistance make DNA struction of evidence after such an order. (4) Since DNA testing is often feasible on testing available to both sides of the adver- ‘‘(d) ORDER.— relevant biological material that is decades sarial system in order to enhance the reli- ‘‘(1) IN GENERAL.—The court shall order old, it can, in some circumstances, prove ability and integrity of that system. DNA testing pursuant to an application that a conviction that predated the develop- (13) In Herrera v. Collins, 506 U.S. 390 (1993), made under subsection (a) upon a determina- ment of DNA testing was based upon incor- a majority of the members of the Court sug- tion that— rect factual findings. Uniquely, DNA evi- gested that a persuasive showing of inno- ‘‘(A) the evidence is still in existence, and dence showing innocence, produced decades cence made after trial would render the exe- in such a condition that DNA testing may be after a conviction, provides a more reliable cution of an inmate unconstitutional. conducted; basis for establishing a correct verdict than (14) It shocks the conscience and offends ‘‘(B) the evidence was never previously any evidence proffered at the original trial. social standards of fairness and decency to subjected to DNA testing, or was not subject DNA testing, therefore, can and has resulted execute innocent persons or to deny inmates to the type of DNA testing that is now re- in the post-conviction exoneration of inno- the opportunity to present persuasive evi- quested and that may resolve an issue not cent men and women. dence of their innocence. resolved by previous testing; (5) In more than 80 cases in the United (15) If biological material is not subjected ‘‘(C) the proposed DNA testing uses a sci- States, DNA evidence has led to the exonera- to DNA testing in appropriate cases, there is entifically valid technique; and tion of innocent men and women who were a significant risk that persuasive evidence of ‘‘(D) the proposed DNA testing has the sci- wrongfully convicted. This number includes innocence will not be detected and, accord- entific potential to produce new, noncumu- at least 10 individuals sentenced to death, ingly, that innocent persons will be uncon- lative evidence material to the claim of the some of whom came within days of being ex- stitutionally executed. applicant that the applicant did not com- ecuted. (16) Given the irremediable constitutional mit— (6) In more than a dozen cases, post-convic- harm that would result from the execution ‘‘(i) the Federal crime of which the appli- tion DNA testing that has exonerated an in- of an innocent person and the failure of cant was convicted; or nocent person has also enhanced public safe- many States to ensure that innocent persons ‘‘(ii) any other offense that a sentencing ty by providing evidence that led to the iden- are not sentenced to death, a Federal statute authority may have relied upon when it sen- tification of the actual perpetrator. assuring the availability of DNA testing and tenced the applicant with respect to the Fed- (7) Experience has shown that it is not un- a chance to present the results of testing in eral crime either to death or to an enhanced duly burdensome to make DNA testing avail- court is a congruent and proportional pro- term of imprisonment as a career offender or able to inmates. The cost of that testing is phylactic measure to prevent constitutional armed career criminal. relatively modest and has decreased in re- injuries from occurring. ‘‘(2) LIMITATION.—The court shall not order cent years. Moreover, the number of cases in DNA testing under paragraph (1) if the Gov- which post-conviction DNA testing is appro- (b) PURPOSES.—The purposes of this title ernment proves by a preponderance of the priate is small, and will decrease as pretrial are to— evidence that the application for testing was testing becomes more common. (1) substantially implement the Rec- made to unreasonably delay the execution of (8) Under current Federal and State law, it ommendations of the National Commission sentence or administration of justice, rather is difficult to obtain post-conviction DNA on the Future of DNA Evidence in the Fed- than to support a claim described in para- testing because of time limits on introducing eral criminal justice system, by authorizing graph (1)(D). newly discovered evidence. Under Federal DNA testing in appropriate cases; ‘‘(3) TESTING PROCEDURES.—If the court or- law, motions for a new trial based on newly (2) prevent the imposition of unconstitu- ders DNA testing under paragraph (1), the discovered evidence must be made within 3 tional punishments through the exercise of court shall impose reasonable conditions on years after conviction. In most States, those power granted by clause 1 of section 8 and such testing designed to protect the integ- motions must be made not later than 2 years clause 2 of section 9 of article I of the Con- rity of the evidence and the testing process after conviction, and sometimes much soon- stitution of the United States and section 5 and the reliability of the test results. er. The result is that laws intended to pre- of the 14th amendment to the Constitution ‘‘(e) COST.—The cost of DNA testing or- vent the use of evidence that has become less of the United States; and dered under subsection (c) shall be borne by reliable over time have been used to preclude (3) ensure that wrongfully convicted per- the Government or the applicant, as the the use of DNA evidence that remains highly sons have an opportunity to establish their court may order in the interests of justice, reliable even decades after trial. innocence through DNA testing, by requiring except that an applicant shall not be denied (9) The National Commission on the Fu- the preservation of DNA evidence for a lim- testing because of an inability to pay the ture of DNA Evidence, a Federal panel estab- ited period. cost of testing. lished by the Department of Justice and ‘‘(f) COUNSEL.—The court may at any time comprised of law enforcement, judicial, and SEC. 102. POST-CONVICTION DNA TESTING IN FEDERAL CRIMINAL JUSTICE SYS- appoint counsel for an indigent applicant scientific experts, has urged that post-con- TEM. under this section pursuant to section viction DNA testing be permitted in the rel- 3006A(a)(2)(B) of title 18. atively small number of cases in which it is (a) IN GENERAL.—Part VI of title 28, United ‘‘(g) POST-TESTING PROCEDURES.— appropriate, notwithstanding procedural States Code, is amended by inserting after ‘‘(1) INCONCLUSIVE RESULTS.—If the results rules that could be invoked to preclude that chapter 155 the following: of DNA testing conducted under this section

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.074 pfrm08 PsN: S07PT1 S2002 CONGRESSIONAL RECORD — SENATE March 7, 2001 are inconclusive, the court may order such ‘‘(B)(i) the evidence must be returned to its SEC. 103. POST-CONVICTION DNA TESTING IN further testing as may be appropriate or dis- rightful owner, or is of such a size, bulk, or STATE CRIMINAL JUSTICE SYSTEMS. miss the application. physical character as to render retention im- (a) CERTIFICATION REGARDING POST-CONVIC- ‘‘(2) RESULTS UNFAVORABLE TO APPLICANT.— practicable; and TION TESTING AND PRESERVATION OF DNA If the results of DNA testing conducted ‘‘(ii) the Government takes reasonable EVIDENCE.—If any part of funds received under this section inculpate the applicant, measures to remove and preserve portions of from a grant made under a program listed in the court shall— the material evidence sufficient to permit subsection (b) is to be used to develop or im- ‘‘(A) dismiss the application; future DNA testing. prove a DNA analysis capability in a forensic laboratory, or to collect, analyze, or index ‘‘(B) assess the applicant for the cost of the ‘‘(c) REMEDIES FOR NONCOMPLIANCE.— DNA samples for law enforcement identifica- testing; and ‘‘(1) GENERAL LIMITATION.—Nothing in this tion purposes, the State applying for that ‘‘(C) make such further orders as may be section shall be construed to give rise to a grant must certify that it will— appropriate. claim for damages against the United States, (1) make post-conviction DNA testing ‘‘(3) RESULTS FAVORABLE TO APPLICANT.—If or any employee of the United States, any available to any person convicted of a State the results of DNA testing conducted under court official or officer of the court, or any crime in a manner consistent with section this section are favorable to the applicant, entity contracting with the United States. the court shall order a hearing and there- 2291 of title 28, United States Code, and, if ‘‘(2) CIVIL PENALTY.— after make such further orders as may be ap- the results of such testing are favorable to ‘‘(A) IN GENERAL.—Notwithstanding para- such person, allow such person to apply for propriate under applicable rules and statutes graph (1), an individual who knowingly vio- post-conviction relief, notwithstanding any regarding post-conviction proceedings, not- lates a provision of this section or a regula- provision of law that would bar such applica- withstanding any provision of law that tion prescribed under this section shall be tion as untimely; and would bar such hearing or orders as un- liable to the United States for a civil penalty timely. (2) preserve all evidence that was secured in an amount not to exceed $1,000 for the ‘‘(h) RULES OF CONSTRUCTION.— in relation to the investigation or prosecu- first violation and $5,000 for each subsequent ‘‘(1) OTHER POST-CONVICTION RELIEF UNAF- tion of a State crime, and that could be sub- violation, except that the total amount im- FECTED.—Nothing in this section shall be jected to DNA testing, for not less than the posed on the individual for all such viola- construed to limit the circumstances under period of time that such evidence would be tions during a calendar year may not exceed which a person may obtain DNA testing or required to be preserved under section 2292 of $25,000. other post-conviction relief under any other title 28, United States Code, if the evidence ‘‘(B) PROCEDURES.—The provisions of sec- provision of law. were related to a Federal crime. tion 405 of the Controlled Substances Act (21 ‘‘(2) FINALITY RULE UNAFFECTED.—An appli- (b) PROGRAMS AFFECTED.—The certifi- cation under this section shall not be consid- U.S.C. 844a) (other than subsections (a) cation requirement established by sub- ered a motion under section 2255 for purposes through (d) and subsection (j)) shall apply to section (a) shall apply with respect to grants of determining whether it or any other mo- the imposition of a civil penalty under sub- made under the following programs: paragraph (A) in the same manner as such tion is a second or successive motion under (1) DNA ANALYSIS BACKLOG ELIMINATION provisions apply to the imposition of a pen- section 2255. GRANTS.—Section 2 of the DNA Analysis ‘‘(i) DEFINITIONS.—In this section: alty under section 405. Backlog Elimination Act of 2000 (Public Law RIOR CONVICTION.—A civil penalty ‘‘(1) APPROPRIATE FEDERAL COURT.—The ‘‘(C) P 106–546). may not be assessed under subparagraph (A) term ‘appropriate Federal court’ means— (2) PAUL COVERDELL NATIONAL FORENSIC with respect to an act if that act previously ‘‘(A) the United States District Court SCIENCES IMPROVEMENT GRANTS.—Part BB of which imposed the sentence from which the resulted in a conviction under chapter 73 of title I of the Omnibus Crime Control and applicant seeks relief; or title 18. Safe Streets Act of 1968 (as added by Public EGULATIONS.— ‘‘(B) in relation to a crime under the Uni- ‘‘(3) R Law 106–561). ‘‘(A) IN GENERAL.—The Attorney General form Code of Military Justice, the United (3) DNA IDENTIFICATION GRANTS.—Part X of States District Court having jurisdiction shall promulgate regulations to implement title I of the Omnibus Crime Control and over the place where the court martial was and enforce this section. Safe Streets Act of 1968 (42 U.S.C. 3796kk et ONTENTS.—The regulations shall in- convened that imposed the sentence from ‘‘(B) C seq.). clude the following: which the applicant seeks relief, or the (4) DRUG CONTROL AND SYSTEM IMPROVE- ‘‘(i) Disciplinary sanctions, including sus- United States District Court for the District MENT GRANTS.—Subpart 1 of part E of title I of Columbia, if no United States District pension or termination from employment, of the Omnibus Crime Control and Safe Court has jurisdiction over the place where for employees of the Department of Justice Streets Act of 1968 (42 U.S.C. 3751 et seq.). who knowingly or repeatedly violate a provi- the court martial was convened. (5) PUBLIC SAFETY AND COMMUNITY POLICING sion of this section. ‘‘(2) FEDERAL CRIME.—The term ‘Federal GRANTS.—Part Q of title I of the Omnibus crime’ includes a crime under the Uniform ‘‘(ii) An administrative procedure through Crime Control and Safe Streets Act of 1968 Code of Military Justice. which parties can file formal complaints (42 U.S.C. 3796dd et seq.). ‘‘§ 2292. Preservation of evidence with the Department of Justice alleging vio- (c) EFFECTIVE DATE.—This section shall lations of this section.’’. ‘‘(a) IN GENERAL.—Notwithstanding any apply with respect to any grant made on or other provision of law and subject to sub- (b) CRIMINAL PENALTY.—Chapter 73 of title after the date that is 1 year after the date of section (b), the Government shall preserve 18, United States Code, is amended by insert- enactment of this Act. all evidence that was secured in relation to ing at the end the following: SEC. 104. PROHIBITION PURSUANT TO SECTION 5 the investigation or prosecution of a Federal ‘‘§ 1519. Destruction or altering of DNA Evi- OF THE 14TH AMENDMENT. crime (as that term is defined in section dence. (a) APPLICATION FOR DNA TESTING.—No 2291(i)), and that could be subjected to DNA State shall deny an application for DNA testing, for not less than the period of time Whoever willfully or maliciously destroys, testing made by a prisoner in State custody that any person remains subject to incarcer- alters, conceals, or tampers with evidence who is under sentence of death, if the pro- ation in connection with the investigation or that is required to be preserved under sec- posed DNA testing has the scientific poten- prosecution. tion 2292 of title 28, United States Code, with tial to produce new, noncumulative evidence ‘‘(b) EXCEPTIONS.—The Government may intent to— material to the claim of the prisoner that dispose of evidence before the expiration of (1) impair the integrity of that evidence; the prisoner did not commit— the period of time described in subsection (a) (2) prevent that evidence from being sub- (1) the offense for which the prisoner was if— jected to DNA testing; or sentenced to death; or ‘‘(1) other than subsection (a), no statute, (3) prevent the production or use of that (2) any other offense that a sentencing au- regulation, court order, or other provision of evidence in an official proceeding, thority may have relied upon when it sen- law requires that the evidence be preserved; shall be fined under this title or imprisoned tenced the prisoner to death. and not more than 5 years, or both.’’. (b) OPPORTUNITY TO PRESENT RESULTS OF ‘‘(2)(A)(i) the Government notifies any per- (c) TECHNICAL AND CONFORMING AMEND- DNA TESTING.—No State shall rely upon a son who remains incarcerated in connection MENTS.— time limit or procedural default rule to deny with the investigation or prosecution and (1) The analysis for part VI of title 28, a prisoner in State custody who is under sen- any counsel of record for such person (or, if United States Code, is amended by inserting tence of death an opportunity to present in there is no counsel of record, the public de- after the item relating to chapter 155 the fol- an appropriate State court new, noncumu- fender for the judicial district in which the lowing: lative DNA results that establish a reason- conviction for such person was imposed), of able probability that the prisoner did not ‘‘156. DNA testing ...... 2291’’. the intention of the Government to dispose commit an offense described in subsection (2) The table of contents for Chapter 73 of of the evidence and the provisions of this (a). title 18, United States Code, is amended by chapter; and (c) REMEDY.—A prisoner in State custody ‘‘(ii) the Government affords such person inserting after the item relating to section who is under sentence of death may enforce not less than 180 days after such notification 1518 the following: subsections (a) and (b) in a civil action for to make an application under section 2291(a) ‘‘1519. Destruction or altering of DNA Evi- declaratory or injunctive relief, filed either for DNA testing of the evidence; or dence.’’. in a State court of general jurisdiction or in

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.074 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2003 a district court of the United States, naming (G) report the appointment, or the failure members of the Commission have been ap- an executive or judicial officer of the State of the client to accept such appointment, to pointed. as defendant. the court requesting the appointment; (12) CHAIRPERSON.—At the initial meeting (d) FINALITY RULE UNAFFECTED.—An appli- (2) adequate compensation of private attor- of the Commission, a majority of the mem- cation under this section shall not be consid- neys for actual time and service, computed bers of the Commission present and voting ered an application for a writ of habeas cor- on an hourly basis and at a reasonable hour- shall elect a Chairperson from among the pus under section 2254 of title 28, United ly rate in light of the qualifications and ex- members of the Commission appointed under States Code, for purposes of determining perience of the attorney and the local mar- paragraph (1). whether it or any other application is a sec- ket for legal representation in cases reflect- (e) STAFF.— ond or successive application under section ing the complexity and responsibility of cap- (1) IN GENERAL.—The Commission may ap- 2254. ital cases; point and fix the pay of such personnel as SEC. 105. GRANTS TO PROSECUTORS FOR DNA (3) reimbursement of private attorneys and the Commission considers appropriate. TESTING PROGRAMS. public defender organizations for attorney (2) EXPERTS AND CONSULTANTS.—The Com- Section 501(b) of title I of the Omnibus expenses reasonably incurred in the rep- mission may procure temporary and inter- Crime Control and Safe Streets Act of 1968 resentation of a client in a capital case; and mittent services under section 3109(b) of title (42 U.S.C. 3751(b)) is amended by— (4) reimbursement of private attorneys and 5, United States Code. (1) striking ‘‘and’’ at the end of paragraph public defender organizations for the reason- (f) POWERS.— (25); able costs of law clerks, paralegals, inves- (1) INFORMATION-GATHERING ACTIVITIES.— (2) striking the period at the end of para- tigators, experts, scientific tests, and other The Commission may, for the purpose of car- graph (26) and inserting ‘‘; and’’; and support services necessary in the representa- rying out this section, hold hearings, receive (3) adding at the end the following: tion of a client in a capital case. public comment and testimony, initiate sur- veys, and undertake such other activities to ‘‘(27) prosecutor-initiated programs to con- (d) MEMBERSHIP.— gather information as the Commission may duct a systematic review of convictions to (1) NUMBER AND APPOINTMENT.—The Com- find advisable. identify cases in which DNA testing is appro- mission shall be composed of 9 members, as (2) OBTAINING OFFICIAL INFORMATION.—The priate and to offer DNA testing to inmates in follows: Commission may secure directly from any such cases.’’. (A) Four members appointed by the Presi- department or agency of the United States TITLE II—ENSURING COMPETENT LEGAL dent on the basis of their expertise and emi- such information as the Commission con- SERVICES IN CAPITAL CASES nence within the field of criminal justice, 2 siders necessary to carry out this section. of whom have 10 years or more experience in SEC. 201. NATIONAL COMMISSION ON CAPITAL Upon request of the chairperson of the Com- REPRESENTATION. representing defendants in State capital pro- mission, the head of that department or (a) ESTABLISHMENT.—There is established ceedings, including trial, direct appeal, or agency shall provide such information, ex- the National Commission on Capital Rep- post-conviction proceedings, and 2 of whom cept to the extent prohibited by law. resentation (referred to in this section as the have 10 years or more experience in pros- (3) ADMINISTRATIVE SUPPORT SERVICES.— ‘‘Commission’’). ecuting defendants in such proceedings. Upon the request of the Commission, the Ad- (b) DUTIES.—The Commission shall— (B) Two members appointed by the Con- ministrator of General Services shall provide (1) survey existing and proposed systems ference of Chief Justices, from among the to the Commission, on a reimbursable basis, for appointing counsel in capital cases, and members of the judiciaries of the several the administrative support services nec- the amounts actually paid by governmental States. essary for the Commission to carry out its entities for capital defense services; and (C) Two members appointed by the Chief responsibilities under this section. (2) formulate standards specifying the ele- Justice of the United States, from among the (4) POSTAL SERVICES.—The Commission ments of an effective system for providing members of the Federal Judiciary. may use the United States mails in the same adequate representation, including counsel (D) The Chairman of the Committee on De- manner and under the same conditions as and investigative, expert, and other services fender Services of the Judicial Conference of other departments and agencies of the necessary for adequate representation, to— the United States, or a designee of the Chair- United States. (A) indigents charged with offenses for man. (g) REPORT.— which capital punishment is sought; (2) EX OFFICIO MEMBER.—The Executive Di- (1) IN GENERAL.—The Commission shall rector of the State Justice Institute, or a (B) indigents who have been sentenced to submit a report to the President and the designee of the Executive Director, shall death and who seek appellate or collateral Congress before the end of the 1-year period serve as an ex officio nonvoting member of review in State court; and beginning after the first meeting of all mem- the Commission. (C) indigents who have been sentenced to bers of the Commission. death and who seek certiorari review in the (3) POLITICAL AFFILIATION.—Not more than (2) CONTENTS.—The report submitted under 2 members appointed under paragraph (1)(A) Supreme Court of the United States. paragraph (1) shall contain— (c) ELEMENTS.—The elements of an effec- may be of the same political party. (A) a comparative analysis of existing and tive system described in subsection (b)(2) (4) GEOGRAPHIC DISTRIBUTION.—The ap- proposed systems for appointing counsel in shall include— pointment of individuals under paragraph (1) capital cases, and the amounts actually paid (1) a centralized and independent appoint- shall, to the maximum extent practicable, be by governmental entities for capital defense ing authority, which shall— made so as to ensure that different geo- services; and (A) recruit attorneys who are qualified to graphic areas of the United States are rep- (B) such standards as are formulated by be appointed in the proceedings specified in resented in the membership of the Commis- the Commission pursuant to subsection subsection (b)(2); sion. (b)(2), together with such commentary and (B) draft and annually publish a roster of (5) TERMS.—Members of the Commission recommendations as the Commission con- qualified attorneys; appointed under subparagraphs (A), (B), and siders appropriate. (C) draft and annually publish qualifica- (C) of paragraph (1) shall be appointed for the (h) TERMINATION.—The Commission shall tions and performance standards that attor- life of the Commission. terminate 90 days after submitting the re- neys must satisfy to be listed on the roster (6) DEADLINE FOR APPOINTMENTS.—All ap- port under subsection (g). and procedures by which qualified attorneys pointments to the Commission shall be made (i) EXPENSES OF COMMISSION.—There are are identified; not later than 45 days after the date of en- authorized to be appropriated to pay any ex- (D) periodically review the roster, monitor actment of this Act. penses of the Commission such sums as may the performance of all attorneys appointed, (7) VACANCIES.—A vacancy in the Commis- be necessary not to exceed $1,000,000. Any provide a mechanism by which members of sion shall not affect its powers, and shall be sums appropriated for such purposes are au- the relevant State Bar may comment on the filled in the same manner in which the origi- thorized to remain available until expended, performance of their peers, and delete the nal appointment was made. or until the termination of the Commission name of any attorney who fails to satisfac- (8) NO COMPENSATION.—Members of the pursuant to subsection (h), whichever occurs torily complete regular training programs on Commission shall serve without compensa- first. the representation of clients in capital cases, tion for their service. SEC. 202. CAPITAL DEFENSE INCENTIVE GRANTS. fails to meet performance standards in a case (9) TRAVEL EXPENSES.—Members of the The State Justice Institute Act of 1984 (42 to which the attorney is appointed, or other- Commission shall receive travel expenses, in- U.S.C. 10701 et seq.) is amended by inserting wise fails to demonstrate continuing com- cluding per diem in lieu of subsistence, in ac- after section 207 the following: petence to represent clients in capital cases; cordance with sections 5702 and 5703 of title ‘‘SEC. 207A. CAPITAL DEFENSE INCENTIVE (E) conduct or sponsor specialized training 5, United States Code. GRANTS. programs for attorneys representing clients (10) QUORUM.—A majority of the members ‘‘(a) PROGRAM AUTHORIZED.—The State in capital cases; of the Commission shall constitute a Justice Institute (referred to in this section (F) appoint lead counsel and co-counsel quorum, but a lesser number may hold hear- as the ‘Institute’) may make grants to State from the roster to represent a client in a ings. agencies and organizations responsible for capital case promptly upon receiving notice (11) INITIAL MEETING.—The initial meeting the administration of standards of legal com- of the need for an appointment from the rel- of the Commission shall occur not later than petence for counsel in capital cases, for the evant State court; and 30 days after the date on which all initial purposes of—

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.074 pfrm08 PsN: S07PT1 S2004 CONGRESSIONAL RECORD — SENATE March 7, 2001 ‘‘(1) implementing new mechanisms or sup- times and in such format as the Institute ‘‘(B) has not established or does not main- porting existing mechanisms for providing may require, a report that contains— tain an effective system for providing ade- representation in capital cases that comply ‘‘(1) a summary of the activities carried quate representation for indigent persons in with the standards promulgated by the Na- out under the grant and an assessment of the capital cases, in compliance with the stand- tional Commission on Capital Representa- effectiveness of such activities in achieving ards formulated by the National Commission tion pursuant to section 201(b) of the Inno- ongoing compliance with the standards for- on Capital Representation pursuant to sec- cence Protection Act of 2001; and mulated pursuant to section 201(b) of the In- tion 201(b) of the Innocence Protection Act ‘‘(2) otherwise improving the quality of nocence Protection Act of 2001 and improv- of 2001. legal representation in capital cases. ing the quality of representation in capital ‘‘(2) WITHHOLDING FORMULA.—The amount ‘‘(b) USE OF FUNDS.—Funds made available cases; and to be withheld under paragraph (1) shall be, under this section may be used for any pur- ‘‘(2) such other information as the Insti- in the first fiscal year that a State is not in pose that the Institute determines is likely tute may require. compliance, 10 percent of any grant funds to achieve the purposes described in sub- ‘‘(i) REPORT TO CONGRESS.—Not later than awarded under this subtitle to such State section (a), including— 90 days after the end of each fiscal year for and any unit of local government apper- ‘‘(1) training and development of training which grants are made under this section, taining thereto, and shall increase by 10 per- capacity to ensure that attorneys assigned the Institute shall submit to Congress a re- cent for each year of noncompliance there- to capital cases meet such standards; port that includes— after, up to a maximum of 60 percent. ‘‘(2) augmentation of attorney, paralegal, ‘‘(1) the aggregate amount of grants made ‘‘(3) DISPOSITION OF WITHHELD FUNDS.— investigator, expert witness, and other staff under this part to each State agency or orga- Funds withheld under this subsection from and services necessary for capital defense; nization for such fiscal year; apportionment to any State or unit of local and ‘‘(2) a summary of the information pro- government shall be allotted by the Attor- ‘‘(3) development of new mechanisms for vided in compliance with subsection (h); and ney General and paid to the States and units addressing complaints about attorney com- ‘‘(3) an independent evaluation of the effec- of local government receiving a grant under petence and performance in capital cases. tiveness of the programs that received fund- this subtitle, other than any State referred ‘‘(c) APPLICATIONS.— ing under this section in achieving ongoing to in paragraph (1), and any unit of local ‘‘(1) IN GENERAL.—No grant may be made compliance with the standards formulated government appertaining thereto, in a man- under this section unless an application has pursuant to section 201(b) of the Innocence ner equivalent to the manner in which the been submitted to, and approved by, the In- Protection Act of 2001 and improving the allotment under this subtitle was deter- stitute. quality of representation in capital cases. mined. ‘‘(2) APPLICATION.—An application for a ‘‘(j) DEFINITIONS.—In this section— ‘‘(b) WAIVER OF WITHHOLDING REQUIRE- grant under this section shall be submitted ‘‘(1) the term ‘capital case’— MENT.— in such form, and contain such information, ‘‘(A) means any criminal case in which a ‘‘(1) IN GENERAL.—The Attorney General as the Institute may prescribe by regulation defendant prosecuted in a State court is sub- may waive in whole or in part the applica- or guideline. ject to a sentence of death or in which a tion of the requirement of subsection (a) for ‘‘(3) CONTENTS.—In accordance with the death sentence has been imposed; and any 1-year period with respect to any State, regulations or guidelines established by the ‘‘(B) includes all proceedings filed in con- where immediately preceding such 1-year pe- Institute, each application for a grant under nection with the case, up to and including di- riod the Attorney General finds that such this section shall— rect appellate review and post-conviction re- State has made and continues to make a ‘‘(A) include a long-term strategy and de- view in State court; and good faith effort to comply with the stand- tailed implementation program that reflects ‘‘(2) the term ‘representation’ includes ards formulated by the National Commission consultation with the organized bar of the counsel and investigative, expert, and other on Capital Representation pursuant to sec- State, the highest court of the State, and the services necessary for adequate representa- tion 201(b) of the Innocence Protection Act Attorney General of the State, and reflects tion. of 2001. consideration of a statewide strategy; and ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) LIMITATION ON WAIVER AUTHORITY.— ‘‘(B) specify plans for obtaining necessary ‘‘(1) IN GENERAL.—There are authorized to The Attorney General may not grant a waiv- support and continuing the proposed pro- be appropriated to carry out this section, in er under paragraph (1) with respect to any gram following the termination of Federal addition to other amounts authorized by this State for 2 consecutive 1-year periods. support. Act, to remain available until expended, ‘‘(3) LIMITATION ON USE OF FUNDS.—If the ‘‘(d) RULES AND REGULATIONS.—The Insti- $50,000,000 for fiscal year 2002, and such sums Attorney General grants a waiver under tute may issue rules, regulations, guidelines, as may be necessary for fiscal years 2003 and and instructions, as necessary, to carry out paragraph (1), the State shall be required to 2004. use the total amount of grant funds awarded the purposes of this section. ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— ‘‘(e) TECHNICAL ASSISTANCE AND TRAIN- to such State or any unit of local govern- Not more than 3 percent of the amount made ING.—To assist and measure the effectiveness ment appertaining thereto under this sub- available under paragraph (1) for a fiscal and performance of programs funded under title that would have been withheld under year shall be available for technical assist- this section, the Institute may provide tech- subsection (a) but for the waiver to improve ance and training activities by the Institute nical assistance and training, as required. the capability of such State to provide ade- under subsection (e). ‘‘(f) GRANT PERIOD.—A grant under this quate representation in capital cases. ‘‘(3) EVALUATIONS.—Up to 5 percent of the section shall be made for a period not longer ‘‘(c) REPORT TO CONGRESS.—Not later than amount authorized to be appropriated under than 3 years, but may be renewed on such 180 days after the end of each fiscal year for paragraph (1) in any fiscal year may be used terms as the Institute may require. which grants are made under this subtitle, for administrative expenses, including ex- ‘‘(g) LIMITATIONS ON USE OF FUNDS.— the Attorney General shall submit to Con- penses incurred in preparing reports under ‘‘(1) NONSUPPLANTING REQUIREMENT.— gress a report that includes, with respect to subsection (i).’’. Funds made available under this section each State that prescribes, authorizes, or shall not be used to supplant State or local SEC. 203. AMENDMENTS TO PRISON GRANT PRO- permits the penalty of death for any of- funds, but shall be used to supplement the GRAMS. fense— amount of funds that would, in the absence (a) IN GENERAL.—Subtitle A of title II of ‘‘(1) a detailed description of such State’s of Federal funds received under this section, the Violent Crime Control and Law Enforce- system for providing representation to indi- be made available from States or local ment Act of 1994 (42 U.S.C. 13701 et seq.) is gent persons in capital cases; sources. amended by adding at the end the following: ‘‘(2) the amount of any grant funds with- ‘‘(2) FEDERAL SHARE.—The Federal share of ‘‘SEC. 20110. STANDARDS FOR CAPITAL REP- held under subsection (a) for such fiscal year a grant made under this part may not ex- RESENTATION. from such State or any unit of local govern- ceed— ‘‘(a) WITHHOLDING OF FUNDS FOR NON- ment appertaining thereto, and an expla- ‘‘(A) for the first fiscal year for which a COMPLIANCE WITH STANDARDS FOR CAPITAL nation of why such funds were withheld; and program receives assistance, 75 percent of REPRESENTATION.— ‘‘(3) the amount of any grant funds re- the total costs of such program; and ‘‘(1) IN GENERAL.—The Attorney General leased to such State for such fiscal year pur- ‘‘(B) for subsequent fiscal years for which a shall withhold a portion of any grant funds suant to a waiver by the Attorney General program receives assistance, 50 percent of awarded to a State or unit of local govern- under subsection (b), and an explanation of the total costs of such program. ment under this subtitle on the first day of why waiver was granted.’’. ‘‘(3) ADMINISTRATIVE COSTS.—A State agen- each fiscal year after the second fiscal year (b) TECHNICAL AND CONFORMING AMEND- cy or organization may not use more than 5 beginning after September 30, 2001, if such MENT.—The table of contents in section 2 of State, or the State to which such unit of percent of the funds it receives from this sec- the Violent Crime Control and Law Enforce- local government appertains— tion for administrative expenses, including ment Act of 1994 is amended by inserting ‘‘(A) prescribes, authorizes, or permits the expenses incurred in preparing reports under after the item relating to section 20109 the penalty of death for any offense, and sought, subsection (h). following: ‘‘(h) REPORT.—Each State agency or orga- imposed, or administered such penalty at nization that receives a grant under this sec- any time during the preceding 5 fiscal years; ‘‘Sec. 20110. Standards for capital represen- tion shall submit to the Institute, at such and tation.’’.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.074 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2005 SEC. 204. EFFECT ON PROCEDURAL DEFAULT this subsection are consistent with applica- SEC. 304. ALTERNATIVE OF LIFE IMPRISONMENT RULES. ble legal and ethical proscriptions governing WITHOUT POSSIBILITY OF RELEASE. (a) IN GENERAL.—Section 2254(e) of title 28, the duties of counsel in capital cases. (a) PURPOSE.—The purpose of this section United States Code, is amended— ‘‘(5) CONSULTATION.—In awarding grants is to clarify that juries in death penalty (1) in paragraph (1), by striking ‘‘In a pro- and contracts under this subsection, the Di- prosecutions brought under the drug kingpin ceeding’’ and inserting ‘‘Except as provided rector shall consult with representatives of statute—like juries in all other Federal in paragraph (3), in a proceeding’’; and the highest State court, the organized bar, death penalty prosecutions—have the option (2) by adding at the end the following: and the defense bar of the jurisdiction to be of recommending life imprisonment without ‘‘(3) In a proceeding instituted by an appli- served by the recipient of the grant or con- possibility of release. cant under sentence of death, the court shall tract, and shall ensure coordination with (b) CLARIFICATION.—Section 408(l) of the neither presume a finding of fact made by a grants administered by the State Justice In- Controlled Substances Act (21 U.S.C. 848(l)), State court to be correct nor decline to con- stitute pursuant to section 207A of the State is amended by striking the first 2 sentences sider a claim on the ground that the appli- Justice Institute Act of 1984.’’. and inserting the following: ‘‘Upon a rec- cant failed to raise such claim in State court TITLE III—MISCELLANEOUS PROVISIONS ommendation under subsection (k) that the at the time and in the manner prescribed by defendant should be sentenced to death or State law, if— SEC. 301. INCREASED COMPENSATION IN FED- ERAL CASES. life imprisonment without possibility of re- ‘‘(A) the applicant was financially unable lease, the court shall sentence the defendant to obtain adequate representation at the Section 2513(e) of title 28, United States Code, is amended by striking ‘‘$5,000’’ and in- accordingly. Otherwise, the court shall im- stage of the State proceedings at which the serting ‘‘$50,000 for each 12-month period of pose any lesser sentence that is authorized State court made the finding of fact or the incarceration, except that a plaintiff who by law.’’. applicant failed to raise the claim, and the was unjustly sentenced to death may be SEC. 305. RIGHT TO AN INFORMED JURY. applicant did not waive representation by awarded not more than $100,000 for each 12- Section 20105(b)(1) of the Violent Crime counsel; and month period of incarceration.’’. Control and Law Enforcement Act of 1994 (42 ‘‘(B) the State did not provide representa- SEC. 302. COMPENSATION IN STATE DEATH PEN- U.S.C. 13705(b)(1)), as amended by section 302 tion to the applicant under a State system ALTY CASES. of this Act, is amended by— for providing representation that satisfied Section 20105(b)(1) of the Violent Crime (1) striking ‘‘and’’ at the end of subpara- the standards formulated by the National Control and Law Enforcement Act of 1994 (42 graph (B); Commission on Capital Representation pur- U.S.C. 13705(b)(1)) is amended by— (2) striking the period at the end of sub- suant to section 201(b) of the Innocence Pro- (1) striking ‘‘and’’ at the end of subpara- paragraph (C) and inserting ‘‘; and’’; and tection Act of 2001.’’. graph (A); (3) adding at the end the following: (b) NO RETROACTIVE EFFECT.—The amend- (2) striking the period at the end of sub- ‘‘(D) provide assurances to the Attorney ments made by this section shall not apply paragraph (B) and inserting ‘‘; and’’; and to any case in which the relevant State General that in any capital sentencing pro- (3) adding at the end the following: court proceeding occurred before the end of ceeding occurring after the date of enact- ‘‘(C) provide assurances to the Attorney the first fiscal year following the formula- ment of the Innocence Protection Act of 2001 General that the State, if it prescribes, au- tion of standards by the National Commis- in which the jury has a role in determining thorizes, or permits the penalty of death for sion on Capital Representation pursuant to the sentence imposed on the defendant, the section 201(b) of the Innocence Protection any offense, has established or will establish court, at the request of the defendant, shall Act of 2001. not later than 18 months after the enact- inform the jury of all statutorily authorized ment of the Innocence Protection Act of SEC. 205. CAPITAL DEFENSE RESOURCE GRANTS. sentencing options in the particular case, in- 2001, effective procedures for— Section 3006A of title 18, United States cluding applicable parole eligibility rules Code, is amended— ‘‘(i) reasonably compensating persons and terms.’’. (1) by redesignating subsections (i), (j), and found to have been unjustly convicted of an SEC. 306. ANNUAL REPORTS. offense against the State and sentenced to (k) as subsections (j), (k), and (l), respec- (a) REPORT.—Not later than 2 years after tively; and death; and the date of enactment of this Act, and annu- (2) by inserting after subsection (h) the fol- ‘‘(ii) investigating the causes of such un- ally thereafter, the Attorney General shall lowing: just convictions, publishing the results of prepare and transmit to Congress a report ‘‘(i) CAPITAL DEFENSE RESOURCE GRANTS.— such investigations, and taking steps to pre- concerning the administration of capital ‘‘(1) DEFINITIONS.—In this subsection— vent such errors in future cases.’’. punishment laws by the Federal Government ‘‘(A) the term ‘capital case’— SEC. 303. CERTIFICATION REQUIREMENT IN FED- and the States. ERAL DEATH PENALTY PROSECU- ‘‘(i) means any criminal case in which a de- (b) REPORT ELEMENTS.—The report re- TIONS. fendant prosecuted in a State court is sub- quired under subsection (a) shall include sub- (a) IN GENERAL.—Chapter 228 of title 28, ject to a sentence of death or in which a United States Code, is amended by adding at stantially the same categories of informa- death sentence has been imposed; and the end the following: tion as are included in the Bureau of Justice ‘‘(ii) includes all proceedings filed in con- Statistics Bulletin entitled ‘‘Capital Punish- nection with the case, including trial, appel- ‘‘§ 3599. Certification requirement ment 1999’’ (December 2000, NCJ 184795), and late, and Federal and State post-conviction ‘‘(a) CERTIFICATION BY ATTORNEY GEN- shall also include the following additional proceedings; ERAL.—The Government shall not seek a sen- categories of information, if such informa- ‘‘(B) the term ‘defense services’ includes— tence of death in any case brought before a tion can practicably be obtained: ‘‘(i) recruitment of counsel; court of the United States except upon the (1) The percentage of death-eligible cases ‘‘(ii) training of counsel; and certification in writing of the Attorney Gen- in which a death sentence is sought, and the ‘‘(iii) legal and administrative support and eral, which function of certification may not percentage in which it is imposed. assistance to counsel; and be delegated, that the Federal interest in the (2) The race of the defendants in death-eli- ‘‘(C) the term ‘Director’ means the Direc- prosecution is more substantial than the in- gible cases, including death-eligible cases in terests of the State or local authorities. tor of the Administrative Office of the which a death sentence is not sought, and ‘‘(b) REQUIREMENTS.—A certification under United States Courts. the race of the victims. subsection (a) shall state the basis on which ‘‘(2) GRANT AWARD AND CONTRACT AUTHOR- the certification was made and the reasons (3) The percentage of capital cases in which ITY.—Notwithstanding subsection (g), the Di- for the certification. counsel is retained by the defendant, and the rector shall award grants to, or enter into ‘‘(c) STATE INTEREST.—In States where the percentage in which counsel is appointed by contracts with, public agencies or private imposition of a sentence of death is not au- the court. nonprofit organizations for the purpose of thorized by law, the fact that the maximum (4) The percentage of capital cases in which providing defense services in capital cases. Federal sentence is death does not constitute life without parole is available as an alter- ‘‘(3) PURPOSES.—Grants and contracts a more substantial interest in Federal pros- native to a death sentence, and the sentences awarded under this subsection shall be used ecution. imposed in such cases. in connection with capital cases in the juris- ‘‘(d) DEFINITION OF STATE.—For purposes of (5) The percentage of capital cases in which diction of the grant recipient for 1 or more of this section, the term ‘State’ includes a life without parole is not available as an al- the following purposes: State of the United States, the District of ternative to a death sentence, and the sen- ‘‘(A) Enhancing the availability, com- Columbia, and any commonwealth, territory, tences imposed in such cases. petence, and prompt assignment of counsel. or possession of the United States. (6) The frequency with which various stat- ‘‘(B) Encouraging continuity of representa- ‘‘(e) RULE OF CONSTRUCTION.—This section utory aggravating factors are invoked by the tion between Federal and State proceedings. does not create any rights, substantive or prosecution. ‘‘(C) Increasing the efficiency with which procedural, enforceable at law by any party (7) The percentage of cases in which a such cases are resolved. in any matter civil or criminal.’’. death sentence or a conviction underlying a ‘‘(4) GUIDELINES.—The Director, in con- (b) TECHNICAL AND CONFORMING AMEND- death sentence is vacated, reversed, or set sultation with the Judicial Conference of the MENT.—The analysis for chapter 228 of title aside, and a short statement of the reasons United States, shall develop guidelines to en- 28, United States Code, is amended by adding therefore. sure that defense services provided by recipi- at the end the following: (c) REQUEST FOR ASSISTANCE.—In compiling ents of grants and contracts awarded under ‘‘3599. Certification requirement.’’. the information referred to in subsection (b),

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the Attorney General shall, when necessary, TITLE II—ENSURING COMPETENT LEGAL imprisonment without possibility of release. request assistance from State and local pros- SERVICES IN CAPITAL CASES This amendment incorporates into the drug ecutors, defense attorneys, and courts, as ap- Sec. 201. National Commission on Capital kingpin statute a procedural protection that propriate. Requested assistance, whether Representation. Establishes a National Com- federal law already expressly provides to the provided or denied by a State or local official mission on Capital Representation to de- vast majority of capital defendants. or entity, shall be noted in the reports re- velop standards for providing adequate legal Sec. 305. Right to an informed jury. En- ferred to in subsection (a). representation for indigents facing a death courages states to allow defendants in cap- (d) PUBLIC DISCLOSURE.—The Attorney sentence. The Commission would be com- ital cases to have the jury instructed on all General or the Director of the Bureau of Jus- posed of nine members and would include ex- statutorily-authorized sentencing options, tice Assistance, as appropriate, shall ensure perienced prosecutors, defense attorneys, including applicable parole eligibility rules that the reports referred to in subsection (a) and judges, and would complete its work and terms. are— within on year. Total authorization Sec. 306. Annual reports. Directs the Jus- (1) distributed to national print and broad- $1,000,000. tice Department to prepare an annual report cast media; and Sec. 202. Capital defense incentive grants. regarding the administration of the nation’s (2) posted on an Internet website main- Establishes a grant program, to be adminis- capital punishment laws. The report must be tained by the Department of Justice. tered by the State Justice Institute, to help submitted to Congress, distributed to the SEC. 307. SENSE OF CONGRESS REGARDING THE States implement the Commission’s stand- press and posted on the Internet. Sec. 307. Sense of the Congress regarding EXECUTION OF JUVENILE OFFEND- ards and otherwise improve the quality of the execution of juvenile offenders and the ERS AND THE MENTALLY RE- representation in capital cases. Authoriza- TARDED. mentally retarded. Expresses the sense of the tion is $50,000,000 for the first year, and such It is the sense of Congress that the death Congress that the death penalty is dispropor- sums as may be necessary for the two years penalty is disproportionate and offends con- tionate and offends contemporary standards that follow. temporary standards of decency when ap- Sec. 203. Amendments to prison grant pro- of decency when applied to juvenile offenders plied to a person who is mentally retarded or grams. Directs the Attorney General to and the mentally retarded. who had not attained the age of 18 years at withhold a portion of the funds awarded Mr. SMITH of Oregon. Mr. President, the time of the offense. under the prison grant programs from death I am proud to be a co-sponsor of this penalty States that have not established or new and improved Innocence Protec- INNOCENCE PROTECTION ACT OF 2001—SECTION- do not maintain a system for providing legal BY-SECTION SUMMARY tion Act. The Innocence Protection Act representation in capital cases that satisfies OVERVIEW we introduced last year was widely her- the Commission’s standards. The Attorney alded as providing much-needed im- The Innocence Protection Act of 2001 is a General may waive the withholding require- carefully crafted package of criminal justice ment for one year under certain cir- provements to our nation’s already reforms aimed at reducing the risk that in- cumstances. strong judicial system. This year, the nocent persons may be executed. Most ur- Sec. 204. Effect on procedural default rules. bill itself has been strengthened, so it gently the bill would afford greater access to Provides that certain procedural barriers to can better benefit the truly innocent DNA testing by convicted offenders; and help Federal habeas corpus review shall not apply without imposing undue hardship on States improve the quality of legal represen- if the State did not provide legal representa- our hard-working law enforcement per- tation in capital cases. tion to the habeas petitioner under a State sonnel. While our court and law en- TITLE I—EXONERATING THE INNOCENT THROUGH system for providing representation that sat- forcement officials work extremely isfied the Commission’s standards. This sec- DNA TESTING hard to ensure justice for all, occasion- Sec. 101. Findings and purposes. Legisla- tion does not apply in any case in which the relevant State court proceeding occurred ally mistakes are made. tive findings and purposes in support of this To prevent these rare instances, The title. more than 1 year before the formulation of Sec. 102. DNA testing in Federal criminal such standards. Innocence Protection Act encourages justice system. Establishes rules and proce- Sec. 205. Capital defense resource grants. appropriate use of DNA testing, and dures governing applications for DNA testing Amends the Criminal Justice Act, 18 U.S.C. provision of competent counsel. The by inmates in the Federal system. Courts § 3006A, to make more Federal funding avail- bill also provides for adequate com- shall order DNA testing if it has the sci- able for purposes of enhancing the avail- pensation in the rare case that a per- ability, competence, and prompt assignment entific potential to produce new exculpatory son is wrongfully imprisoned, and en- evidence material to the inmate’s claim of of counsel in capital cases, encouraging the continuity of representation in such cases, courages states to examine these situa- innocence. When the test results are excul- tions to prevent their recurrence. The patory, courts shall order a hearing and and increasing the efficiency with which cap- make such further orders as may be appro- ital cases are resolved. Innocence Protection Act proposes to priate under existing law. Prohibits the de- TITLE III—MISCELLANEOUS PROVISIONS apply technological advances of the struction of biological evidence in a criminal Sec. 301. Increased compensation in federal 21st century evenly across the country case while a defendant remains incarcerated, cases. Raises the total amount of damages to ensure that justice is served swiftly absent prior notification to such defendant that may be awarded against the United and fairly, regardless of where you live. of the government’s intent to destroy the States in cases of unjust imprisonment from Both supporters and opponents of the evidence. $5,000 to $50,000 a year in a non-death penalty death penalty can support this bill, Sec. 103. DNA testing in State criminal case, or $100,000 a year in a death penalty which will only improve the integrity justice system. Conditions receipt of Federal case. of our Criminal Justice System. By grants for DNA-related programs on an as- Sec. 302. Compensation in state death surance that the State will adopt adequate cases. Encourages states to maintain effec- helping ensure that the true perpetra- procedures for preserving biological material tive procedures for reasonably compensating tors of heinous crimes are behind bars, and making DNA testing available to in- persons who were unjustly convicted and the innocent can live in a safer world. mates. sentenced to death, and investigating the I am a supporter of the death penalty. Sec. 104. Prohibition pursuant to section 5 causes of such unjust convictions in order to I believe that there are some times of the 14th Amendment. Prohibits States prevent such errors from recurring. when humankind can act in a manner from denying applications for DNA testing Sec. 303. Certification requirement in fed- so odious, so heinous, and so depraved by death row inmates, if the proposed testing eral death penalty prosecutions. Increases has the scientific potential to produce new accountability by requiring the Attorney that the right to life is forfeited. Not- exculpatory evidence material to the in- General, when seeking the death penalty in withstanding this belief, indeed, be- mate’s claim of innocence. Also prohibits any case, to certify that the federal interest cause of this belief, I am reintroducing States from denying inmates a meaningful in the prosecution is more substantial than the Innocence Protection Act of 2001 opportunity to prove their innocence using the interests of the state or local authori- with Senator LEAHY and others today. the results of DNA testing. Inmates may sue ties. Modeled on the certification require- Clearly, there is a growing interest in for declaratory or injunctive relief to enforce ments in the federal civil rights and juvenile this issue in Congress. I feel strongly these prohibitions. delinquency laws, this section codifies exist- that this is a bill whose time has come, Sec. 105. Grants to prosecutors for DNA ing practice as reflected in section 9–10.070 of and I look forward to working with my testing programs. Permits States to use the U.S. Attorney’s Manual. This section grants under the Edward Byrne Memorial does not create any rights enforceable at law colleagues in the House and Senate to State and Local Law Enforcement Assist- by any party in any matter civil or criminal. ensure its passage this session. ance Programs to fund the growing number Sec. 304. Alternative of life imprisonment of prosecutor-initiated programs that review without possibility of release. Clarifies that By Mr. HATCH (for himself and convictions to identify cases in which DNA juries in death penalty prosecutions brought Mr. LEAHY): testing is appropriate and that offer DNA under the drug kingpin statute, 21 U.S.C. S. 487. A bill to amend chapter 1 of testing to inmates in such cases. § 848(l), have the option of recommending life title 17, United States Code, relating to

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.074 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2007 the exemption of certain performances distance education exposition and in the so-called 12 hour rule, the 50 per- or displays for educational uses from copyright round table that took place cent rule and the ban on incentive copyright infringement provisions, to at the nerve center of that system, the based compensation. These education provide that the making of a single Utah Education Network, where we recommendations are not included in copy of such performances or displays saw many of the exciting technologies the legislation I am introducing today. is not an infringement, and for other being developed and implemented in However, I want to put my colleagues purposes; to the Committee on the Ju- Utah, by Utahns, to make distance on notice that I will pushing for these diciary. education a reality. reforms and leave open the possibility Mr. HATCH. Mr. President, today I At the event in Salt Lake City, Ms. of amending this particular bill or seek am pleased to introduce with my dis- Peters and I dropped in on a live on- other vehicles to include such edu- tinguished colleague, Senator LEAHY, line art history class hosted in Orem, cation reform provisions which will im- legislation entitled the ‘‘Technology that included high school and college prove delivery of distance education to Education and Copyright Harmoni- students scattered from Alpine in the a wider variety of students. We will be zation Act’’ or fittingly abbreviated as north to Lake Powell in the south, discussing education reforms in the the ‘‘TEACH Act,’’ which updates the nearly the length of the state. And the Senate in the coming weeks, and I educational use provisions of the copy- promise of distance education extends think it is important that any edu- right law to account for advancements far beyond the traditional student, cation reform include the kinds of re- in digital transmission technologies making expanded opportunities avail- forms that will promote the use of high that support distance learning. able for working parents, senior citi- technologies in education, such as the While distance learning is far from a zens, and anyone else with a desire to Internet. And I intend to work to have new concept, there is no ‘‘official’’ defi- learn. these reforms included in any larger nition as to what falls under the um- This legislation will make it easier education package considered this brella of distance learning. There is, for the teacher who connects with her year. however, general agreement that dis- students online to enhance the learn- As part of its mandate under the Dig- tance education covers the various ing process by illustrating music ap- ital Millennium Copyright Act, DMCA, forms of study at all levels in which preciation principles with appro- which laid the basic copyright rules in students are separated from instruc- priately limited sound recordings or il- a digital environment, the Copyright tors by time or space. By creating new lustrate visual design or story-telling Office was tasked to study the impact avenues of communication, technology principles with appropriate movie of copyright law on online education has paved the way for so-called ‘‘dis- clips. Or she might create wholly new and submit recommendations on how tance learning,’’ starting with cor- experiences such as making a hyper- to promote distance learning through respondence courses, and later with in- text poem that links significant words digital technologies while maintaining structional broadcasting. Most re- or formal elements to commentary, an appropriate balance between the cently, however, the introduction of similar uses in other contexts, or other rights of copyright owners and the online education has revolutionized the sources for deeper understanding, all needs of users of copyrighted works. world of ‘‘distance learning.’’ While the accessible at the click of a mouse. Without adequate incentives and pro- benefits of all forms of distance learn- These wholly new interactive edu- tections, those who create these mate- ing are self-evident, online learning cational experiences, or more tradi- rials will be disinclined to make their opens unprecedented educational op- tional ones now made available around works available for use in online edu- portunities. With the click of a mouse, the students’ schedule, will be made cation. The interests of educators, stu- students in remote areas are able to ac- more easily and more inexpensively by dents, and copyright owners need not cess a broad spectrum of courses from this legislation. Beyond the legislative be divergent; indeed, I believe they co- the finest institutions and ‘‘chat’’ with safe harbor provided by this legisla- incide in making the most of this me- other students across the country. tion, opportunities for students and dium. As expected, the Copyright Of- Distance education, and the use of lifetime learners of all kinds, in all fice has presented us with a detailed high technology tools such as the kinds of locations, is limited only by and comprehensive study of the copy- Internet in education, hold great prom- the human imagination and the cooper- right issues involved in digital distance ise for students in states like Utah. ative creativity of the creators and education that takes into account a Students in remote areas of my state users of copyrighted works. I hope that wide range of views expressed by var- are now able to link up to resources creative licensing arrangements will be ious groups, including copyright own- previously only available to those in spurred to make even more exciting ers, educational institutions, tech- cities or at prestigious educational in- opportunities available to students and nologists, and libraries. As part of its stitutions. For many Utahns, this lifelong learners, and that incentives report, the Copyright Office concluded means having access to courses or to create those experiences will con- that the current law should be updated being able to see virtual demonstra- tinue to encourage innovation in edu- to accommodate digital educational tions of principles that until now they cation, art and entertainment online. technologies. have only read about. The possibilities for everyone in the After careful review and consider- True to its heritage, Utah is a pio- wired world are thrilling to con- ation of the findings and recommenda- neer among states in blazing the trail template. tions presented in the report prepared to the next century, making tomor- While the development of digital by the Copyright Office, not to men- row’s virtual classrooms a reality technology has fostered the tremen- tion my enormous respect for and con- today. Fittingly, since it is home to dous growth of distance learning in the fidence in the Register of Copyrights, I one of the original six universities that United States, online education will fully support the Office’s recommenda- pioneered the Internet, the State of work only if teachers and students tion to update the current copyright Utah and the Utah System of Higher have affordable and convenient access law in a manner that promotes the use Education, as well as a number of indi- to the highest quality educational ma- of high technology in education, such vidual universities in the state have terials. In fact, in its recent report, the as distance learning over the Internet, consistently been recognized as tech- Web-Based Commission, established by while maintaining appropriate incen- nology and web-education innovators. Congress to develop policies to ensure tives for authors. While the bill we are Such national recognition reflects, in that new technologies will enhance introducing today is based on the hard part, Utah’s high-tech industrial base, learning, concluded that United States work and expert advice of the Copy- its learning-oriented population, and copyright practice presents significant right Office, and is therefore, I believe the fact that Utah was the first state impediments to online education. Addi- a very good bill, I welcome construc- with a centrally coordinated statewide tionally, the Web-Based Commission tive suggestions from improvements system for distance learning. In the concluded that there are some needed from any interested party as this bill course of preparing the report that re- reforms in higher education regula- moves through the legislative process. sulted in this legislation, I was pleased tions and statutes. Specifically, the Currently, United States copyright to host the Register of Copyrights at a Commission identifies reforms needed law contains a number of exemptions

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.091 pfrm08 PsN: S07PT1 S2008 CONGRESSIONAL RECORD — SENATE March 7, 2001 to copyright owners’ rights relating to tute a policy to promote compliance duction of such work in transient copies or face-to-face classroom teaching and in- with copyright law and apply techno- phonorecords created as a part of the auto- structional broadcasts. While these ex- logical measures to prevent unauthor- matic technical process of a digital trans- emptions embody the policy that cer- ized access and uses. mission, and distribution of such copies or tain uses of copyrighted works for in- Moreover, in order to allow the ex- phonorecords in the course of such trans- mission, to the extent technologically nec- structional purposes should be exempt empted activities to take place in on- essary to transmit the performance or dis- from copyright control, the current ex- line education asynchronously, a new play, if—’’; emptions were not drafted with online, amendment to the ephemeral recording (2) in subparagraph (A) by striking all be- interactive digital technologies in exemption is proposed that would per- ginning with ‘‘the performance’’ through mind. As a result, the Copyright Office mit an instructor to upload a copy- ‘‘regular’’ and inserting the following: ‘‘the concluded that the current exemptions righted work onto a server to be later performance or display is made by or at the related to instructional purposes are transmitted to students. Again, extra direction of an instructor as an integral part probably inapplicable to most ad- safeguards are in place to ensure that of a class session offered as a regular’’; vanced digital delivery systems and no additional copies beyond those nec- (3) by striking subparagraph (C) and insert- ing the following: without a corresponding change, the essary to the transmission can be made policy behind the existing law will not ‘‘(C) the transmission is made solely for, and that the retention of the copy is and, to the extent technologically feasible, be advanced. limited in time. the reception of such transmission is limited Drawing from the recommendations I believe that this legislation is nec- to— made by the Copyright Office, the pri- essary to foster and promote the use of ‘‘(i) students officially enrolled in the mary goal of this legislation is simple high technology tools, such as the course for which the transmission is made; and straight forward: to promote dig- Internet, in education and distance or ital distance learning by permitting learning, while at the same time main- ‘‘(ii) officers or employees of governmental certain limited instructional activities tains a careful balance between copy- bodies as part of their official duties or em- ployment; and’’; and to take place without running afoul of right owners and users. Through the in- (4) by adding at the end the following: the rights of copyright owners. The bill creasing influence of educational tech- does not limit the bounds of ‘‘fair use’’ ‘‘(D) any transient copies are retained for nologies, virtual classrooms are pop- no longer than reasonably necessary to com- in the educational context, but pro- ping up all over the country and what plete the transmission; and vides something of a ‘‘safe harbor’’ for we do not want to do is stand in the ‘‘(E) the transmitting body or institution— online distance education. And nothing way of the development and advance- ‘‘(i) institutes policies regarding copyright, limits the possibilities for creative li- ment of innovative technologies that provides informational materials to faculty, censing of copyrighted works for even offer new and exciting educational op- students, and relevant staff members that more innovative online educational ex- portunities. I think we all agree that accurately describe, and promote compliance with, the laws of the United States relating periences. While Section 110(1) of the digital distance should be fostered and to copyright, and provides notice to students Copyright Act exempts the perform- utilized to the greatest extent possible ance or display of any work in the that materials used in connection with the to deliver instruction to students in course may be subject to copyright protec- course of face-to-face teachings, Sec- ways that could have been possible a tion; and tion 110(2) of the Copyright Act limits few years ago. We live at a point in ‘‘(ii) in the case of digital transmissions, these exemptions in cases of instruc- time when we truly have an oppor- applies technological measures that reason- tional broadcasting. Under Section tunity to help shape the future by in- ably prevent unauthorized access to and dis- 110(2), while displays of all works are fluencing how technology is used in semination of the work, and does not inten- permitted, only performances of non- education so I hope my colleagues will tionally interfere with technological meas- ures used by the copyright owner to protect dramatic literary or mystical works join us in supporting this modest up- the work.’’. are permitted. Thus, an instructor is date of the copyright law that offers to currently not able to show a movie or make more readily available distance SEC. 3. EPHEMERAL RECORDINGS. perform a play via educational broad- education in a digital environment to (a) IN GENERAL.—Section 112 of title 17, casting. all of our students. United States Code, is amended— This legislation would amend Section I ask unanimous consent that the (1) by redesignating subsection (f) as sub- 110(2) of the Copyright Act to create a text of the bill and explanatory sec- section (g); and new set of rules in the digital edu- tion-by-section analysis, be printed in (2) by inserting after subsection (e) the fol- cation world that, in essence, represent the RECORD. lowing: a hybrid of the current rules applicable There being no objection, the mate- ‘‘(f) Notwithstanding the provisions of sec- to face-to-face instruction and instruc- rial was ordered to be printed in the tion 106, and without limiting the applica- tional broadcasting. In doing this, the RECORD, as follows: tion of subsection (b), it is not an infringe- legislation amends Section 110(2) by ex- S. 487 ment of copyright for a governmental body panding the permitted uses currently Be it enacted by the Senate and House of Rep- or other nonprofit educational institution available for instructional broad- resentatives of the United States of America in entitled to transmit a performance or dis- casting in a modest fashion by includ- Congress assembled, play of a work that is in digital form under ing the performance of any work not SECTION 1. SHORT TITLE. section 110(2) to make copies or phonorecords produced primarily for instructional This Act may be cited as the ‘‘Technology, embodying the performance or display to be use in reasonable and limited portions. Education And Copyright Harmonization Act used for making transmissions authorized In addition, in order to modernize the of 2001’’. under section 110(2), if— statute to account for digital tech- SEC. 2. EXEMPTION OF CERTAIN PERFORMANCES ‘‘(1) such copies or phonorecords are re- nologies, the legislation amends Sec- AND DISPLAYS FOR EDUCATIONAL tained and used solely by the body or insti- tion 110(2) by eliminating the require- USES. tution that made them, and no further cop- ment of a physical classroom and clari- Section 110(2) of title 17, United States ies or phonorecords are reproduced from fies that the instructional activities Code, is amended— them, except as authorized under section (1) by striking the matter preceding sub- exempted in Section 110(2) of the Copy- 110(2); paragraph (A) and inserting the following: ‘‘(2) such copies or phonorecords are used right Act apply to digital trans- ‘‘(2) except with respect to a work pro- solely for transmissions authorized under missions as well as analog. The legisla- duced primarily for instructional use or a section 110(2); and tion also permits a limited right to re- performance or display that is given by ‘‘(3) the body or institution does not inten- produce and distribute transient copies means of a copy that is not lawfully made tionally interfere with technological meas- created as part of the automated proc- and acquired under this title, and the trans- ures used by the copyright owner to protect ess of digital transmissions. Mindful of mitting governmental body or nonprofit edu- the work.’’. the new risks involved with digital cational institution knew or had reason to believe was not lawfully made and acquired, (b) TECHNICAL AND CONFORMING AMEND- transmissions, the legislation also cre- the performance of a nondramatic literary or MENT.—Section 802(c) of title 17, United ates new safeguards for copyright own- musical work or reasonable and limited por- States Code, is amended in the third sen- ers. These include requirements that tions of any other work, or display of a work, tence by striking ‘‘section 112(f)’’ and insert- those invoking the exemptions insti- by or in the course of a transmission, repro- ing ‘‘section 112(g)’’.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.092 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2009 SEC. 4. IMPLEMENTATION BY COPYRIGHT OF- rights in addition to the public performance Mr. LEAHY. Mr. President, an impor- FICE. right, section 110(2) is further amended to tant responsibility of the Senate Judi- (a) REPORT.—Not later than 2 years after add coverage of the rights of reproduction/ ciary Committee is fulfilling the man- the date of enactment of this Act, the Copy- and or distribution, but only to the extent right Office shall conduct a study and submit technologically required in order to transmit date set forth in Article 1, section 8 of a report to Congress on the status of— a performance or display authorized by the the Constitution, ‘‘to promote the (1) licensing by private and public edu- exemption. progress of science and useful arts by cational institutions of copyrighted works Section 110(2)(C) eliminates the require- securing for limited times to authors for digital distance education programs, in- ment of a physical classroom by permitting and inventors the exclusive right to cluding— transmissions to be made to students offi- their respective writings and discov- cially enrolled in the course and to govern- (A) live interactive distance learning class- eries.’’ Chairman HATCH and I, and ment employees, regardless of their physical es; other colleagues on the Judiciary Com- (B) faculty instruction recorded without location. In lieu of this limitation two safe- students present for later transmission; and guards have been added. First, section mittee, have worked together success- (C) asynchronous delivery of distance 110(2)(A) emphasizes the concept of mediated fully over the years to update and learning over computer networks; and instruction by ensuring that the exempted make necessary adjustments to our (2) the use of copyrighted works in such performance or display is analogous to the copyright, patent and trademark laws programs. type of performance or display that would to carry out this responsibility. We (b) CONFERENCE.—Not later than 2 years take place in a live classroom setting. Sec- have strived to do so in a manner that ond, section 110(2)(C) adds the requirement after the date of enactment of this Act, the advances the rights of intellectual Copyright Office shall— that, to the extent technologically feasible, (1) convene a conference of interested par- the transmission must be made solely for re- property owners while protecting the ties, including representatives of copyright ception by the defined class of eligible recipi- important interests of users of the cre- owners, nonprofit educational institutions ents. ative works that make our culture a and nonprofit libraries and archives to de- Sections 110(2)(D), (E)(i) and (E)(ii) add new vibrant force in this global economy. velop guidelines for the use of copyrighted safeguards to counteract the new risks posed Several years ago, as part of the Dig- works for digital distance education under by the transmission of works to students in ital Millennium Copyright Act, DMCA, digital form. Paragraph (D) requires that the fair use doctrine and section 110 (1) and we asked the Copyright Office to per- (2) of title 17, United States Code; transient copies permitted under the exemp- tion be retained no longer than reasonably form a study of the complex copyright (2) to the extent the Copyright Office de- issues involved in distance education termines appropriate, submit to the Com- necessary to complete the transmission. mittees on the Judiciary of the Senate and Paragraph (E)(i) requires that beneficiaries and to make recommendations to us the House of Representatives such guide- of the exemption institute policies regarding for any legislative changes. In con- lines, along with information on the organi- copyright; provide information materials to ducting that study, Maybeth Peters, faculty, students, and relevant staff mem- zations, Government agencies, and institu- the Registrar of Copyrights met infor- bers that accurately describe and promote tions participating in the guideline develop- compliance with copyright law; and provide mally with interested Vermonters at ment and endorsing the guidelines; and notice to students that materials may be Champlain College in Burlington, (3) post such guidelines on an Internet subject to copyright protection. Paragraph Vermont, to hear their concerns on website for educators, copyright owners, li- 110(2)(E)(ii) requires that the transmitting this issue. Champlain College has been braries, and other interested persons. organization apply measures to protect offering on-line distance learning pro- against both unauthorized access and unau- SECTION-BY-SECTION ANALYSIS OF THE TECH- grams since 1993, with a number of on- thorized dissemination after access has been NOLOGY, EDUCATION, AND COPYRIGHT HAR- line programs, including for degrees in obtained. This provision also specifies that MONIZATION ACT the transmitting body or institution may accounting, business, and hotel-res- SECTION 1. SHORT TITLE not intentionally interfere with protections taurant management. This bill may be cited as the ‘‘Technology, applied by the copyright owners themselves. The Copyright Office released its re- Education And Copyright Harmonization Act SECTION 3. EPHEMERAL RECORDINGS port in May, 1999, at a hearing held in of 2001’’ or the TEACH Act. Section 112 is amended by adding a new this Committee, and made valuable SECTION 2. EXEMPTION OF CERTAIN PERFORM- subsection which permits an educator to suggestions on how modest changes in ANCES AND DISPLAYS FOR EDUCATIONAL USES upload a copyrighted work onto a server to our copyright law could go a long way The bill updates section 110(2) to allow the facilitate transmissions permitted under sec- to foster the appropriate use of copy- similar activities to take place using digital tion 110(2) to students enrolled in his or her righted works in valid distance learn- delivery mechanisms that were permitted course. Limitations have been imposed upon ing activities. I am pleased to join Sen- under the basic policy balance struck in 1976, the exemption similar to those set out in ator HATCH in introducing the Tech- while minimizing the additional risks to other subsections of section 112. Paragraph copyright owners that are inherent in ex- 112(f)(1) specifies that any such copy be re- nology, Education and Copyright Har- ploiting works in a digital format. Current tained and used solely by the entity that monization, or TEACH, Act, that in- law allows performances and displays of all made it and that no further copies be repro- corporates the legislative recommenda- categories of copyrighted works in classroom duced from it except the transient copies tions of that report. This legislation settings, under section 110(1) of the Copy- permitted under section 110(2). Paragraph will help clarify the law and allow edu- right Act, and allows performances of non- 112(f)(2) requires that the copy be used solely cators to use the same rich material in dramatic literary and musical works and dis- for transmissions authorized under section distance learning over the Internet plays of works during certain education-re- 110(2). Paragraph 112(f)(3) prohibits a body or lated transmissions (usually television-type institution from intentionally interfering that they are able to use in face-to-face transmission) under Section 110(2). Section with technological protection measures used classroom instruction. 110(2) is amended to allow performances of by the copyright owner to protect the work. The growth of distance learning is categories of copyrighted works—such as SECTION 4. IMPLEMENTATION BY COPYRIGHT exploding, largely because it is respon- portions of audiovisual works, sound record- OFFICE sive to the needs of older, non-tradi- ings and dramatic literary and musical Subsection (a) requires the Copyright Of- tional students. The Copyright Office, works—in addition to the non-dramatic lit- fice, not later than 2 years after the date of CO, report noted two years ago that, by erary and musical works that may be per- the enactment, to conduct a study and sub- 2002, the number of students taking formed under current law. Because of the po- mit a report to Congress on the status of li- distance education courses will rep- tential adverse effect on the secondary mar- censing for private and public school digital resent 15 percent of all higher edu- kets of such works, only reasonable and lim- distance education programs and the use of ited portions of these additional works may copyrighted works in such programs. Sub- cation students. Moreover, the typical be performed under the exemption. Excluded section (b) requires the Copyright Office, not average distance learning student is 34 from the exemption are those works that are later than 2 years after the date of enact- years old, employed full-time and has produced primarily from instructional use, ment, to convene a conference of other inter- previous college credit. More than half because for such works, unlike entertain- ested parties on the subject of the use of are women. In increasing numbers, stu- ment products or materials of a general edu- copyrighted works in education and, to the dents in other countries are benefitting cational nature, the exemption could signifi- extent the Office deems appropriate, develop from educational opportunities here cantly cut into primary markets, impairing guidelines for the clarification of the appro- incentives to create. As an additional safe- priate use of copyrighted works in edu- through U.S. distance education pro- guard, this provision requires the exempted cational settings, including distance edu- grams. performance or display to be made from a cation, for submission to Congress and for In high schools, distance education lawful copy. Since digital transmissions im- posting on the Copyright Office website as a makes advanced college placement and plicate the reproduction and distribution reference resource. college equivalency courses available,

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.075 pfrm08 PsN: S07PT1 S2010 CONGRESSIONAL RECORD — SENATE March 7, 2001 a great opportunity for residents in our by these technologies are not limited acts of reproduction as a data packet is more-rural states. In colleges, distance to the borders of one state, or even one moved from one computer to another. education makes lifelong learning a country. Champlain College, a small The need to update our copyright law practical reality. school in Burlington, Vermont has to address new developments in online Not only does distance education shown this is true when it adopted a distance learning was highlighted in make it more convenient for many stu- strategic plan to provide distance the December, 2000 report of the Web- dents to pursue an education, for stu- learning for students throughout the Based Education Commission, headed dents who have full-time work commit- world. Under the leadership of Presi- by former Senator Bob Kerrey. This ments, who live in rural areas or in for- dent Roger Perry, Champlain College Commission noted that: eign countries, who have difficulty ob- now has more students enrolled than Current copyright law governing distance taining child or elder care, or who have any other college in Vermont. The education . . . was based on broadcast models physical disabilities, distance edu- campus in Vermont has not been over- of telecourses for distance education. That cation may be the only means for them whelmed with the increase. Instead, law was not established with the virtual to pursue an education. These are the Champlain now teaches a large number classroom in mind, nor does it resolve people with busy schedules who need of students overseas through its on-line emerging issues of multimedia online, or the flexibility that on-line programs curriculum. Similarly, Marlboro Col- provide a framework for permitting digital transmissions. offer: virtual classrooms accessible lege in Marlboro, Vermont, offers inno- when the student is ready, and free, to vative graduate programs designed for This report further observed that log-on. working professionals with classes that ‘‘This current state of affairs is con- In Vermont and many other rural meet not only in person but also on- fusing and frustrating for educators. . . . states, distance learning is a critical line. Concern about inadvertent copyright component of any quality educational The Internet, with its interactive, infringement appears, in many school and economic development system. In multi-media capabilities, has been a districts, to limit the effective use of fact, the most recent Vermont Tele- significant development for distance the Internet as an educational tool.’’ In communications Plan, which was pub- learning. By contrast to the tradi- conclusion, the report concluded that lished in 1999 and is updated at regular tional, passive approach of distance our copyright laws were ‘‘inappropri- intervals, identifies distance learning learning where a student located re- ately restrictive.’’ as being critical to Vermont’s develop- motely from a classroom was able to The TEACH Act makes three signifi- ment. It also recommends that watch a lecture being broadcast at a cant expansions in the distance learn- Vermont consider ‘‘using its pur- fixed time over the air, distance learn- ing exemption in our copyright law, chasing power to accelerate the intro- ers today can participate in real-time while minimizing the additional risks duction of new [distance learning] serv- class discussions, or in simultaneous to copyright owners that are inherent ices in Vermont.’’ Technology has em- multimedia projects. The Copyright Of- in exploiting works in a digital format. powered individuals in the most remote fice report confirms what I have as- First, the bill eliminates the current communities to have access to the sumed for some time—that ‘‘the com- eligibility requirements for the dis- knowledge and skills necessary to im- puter is the most versatile of distance tance learning exemption that the in- prove their education and ensure they education instruments,’’ not just in struction occur in a physical classroom are competitive for jobs in the 21st cen- terms of flexible schedules, but also in or that special circumstances prevent tury. terms of the material available. the attendance of students in the class- Several years ago, I was proud to Over twenty years ago, the Congress room. work with the state in establishing the recognized the potential of broadcast Second, the bill clarifies that the dis- Vermont Interactive Television net- and cable technology to supplement tance learning exemption covers the work. This constant two-way video- classroom teaching, and to bring the temporary copies necessarily made in conferencing system can reach commu- classroom to those who, because of networked servers in the course of nities, schools and businesses in every their disabilities or other special cir- transmitting material over the Inter- corner of the State. Since we first suc- cumstances, are unable to attend class- net. cessfully secured funds to build the es. At the same time, Congress also Third, the current distance learning backbone of the system, Vermont has recognized the potential for unauthor- exemption only permits the trans- constructed fourteen sites. The VIT ized transmissions of works to harm mission of the performance of ‘‘non- system is currently running at full ca- the markets for educational uses of dramatic literary or musical works,’’ pacity and has demonstrated that in copyrighted materials. The present but does not allow the transmission of Vermont, technology highways are just Copyright Act strikes a careful balance movies or videotapes, or the perform- as important as our transportation and includes two narrowly crafted ex- ance of plays. The Kerrey Commission highways. emptions for distance learning, in addi- report cited this limitation as an ob- No one single technology should be tion to the general fair use exemption. stacle to distance learning in current the platform for distance learning. In Under current law, the performance copyright law and noted the following Vermont, creative uses of available re- or display of any work in the course of examples: A music instructor may play sources have put in place a distance face-to-face instruction in a classroom songs and other pieces of music in a learning system that employees T–1 is exempt from the exclusive rights of classroom, but must seek permission lines in some areas and traditional a copyright owner. In addition, the from copyright holders in order to in- internet modem hook-ups in others. copyright law allows transmission of corporate these works into an online Several years ago, the Grand Isle Su- certain performances or displays of version of the same class. A children’s pervisory Union received a grant from copyrighted works to be sent to a literature instructor may routinely the U.S. Department of Agriculture to classroom or a similar place which is display illustrations from childrens’ link all the schools within the district normally devoted to instruction, to books in the classroom, but must get with fiber optic cable. There are not a persons whose disabilities or other spe- licenses for each one for on online lot of students in this Supervisory cial circumstances prevent classroom version of the course. Union but these is a lot of land sepa- attendance, or to government employ- To alleviate this disparity, the rating one school from another. The ees. While this exemption is tech- TEACH Act would amend current law bandwidth created by the fiber optic nology neutral and does not limit au- to allow educators to show limited por- cables has not only improved the edu- thorized ‘‘transmissions’’ to distance tions of dramatic literary and musical cational opportunities in the four learning broadcasts, the exemption works, audiovisual works, and sound Grand Isle towns, but it has also pro- does not authorize the reproduction or recordings, in addition to the complete vided a vital economic boost to the distribution of copyrighted works—a versions of nondramatic literary and area’s business. limitation that has enormous implica- musical works which are currently ex- While there are wonderful examples tions for transmissions over computer empted. of the use of distance learning inside networks. Digital transmissions over This legislation is a balanced pro- Vermont, the opportunities provided computer networks involve multiple posal that expands the educational use

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.108 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2011 exemption in the copyright law for dis- activities. As the Copyright Office re- vivors for their continued support to sur- tance learning, but also contains a port noted, copyright owners are con- viving family members; and number of safeguards for copyright cerned that ‘‘broadening the exemption (4) honors the men and women who serve owners. In particular, the bill excludes would result in the loss of opportuni- this country through the National Guard and is grateful for everything that each guards- from the exemption those works that ties to license works for use in digital man gives to protect the United States of are produced primarily for instruc- distance education’’ and would increase America. tional use, because for such works, un- the ‘‘risk of unauthorized downstream Mr. LEAHY. Mr. President, sadly, I like entertainment products or mate- uses of their works posed by digital rise today to talk about the recent rials of a general educational nature, technology.’’ Based upon its review of crash of a National Guard aircraft in the exemption could significantly cut distance learning, however, the Copy- flying over Georgia. Last Friday, 21 into primary markets, impairing in- right Office concluded that updating members of the National Guard lost centives to create. Indeed, the Web- section 110(2) in the manner proposed their lives in a horrible plane crash. Based Education Commission urged the in the TEACH Act is ‘‘advisable.’’ I How does one understand the death of development of ‘‘high quality online agree. At the same time we have made 21 soldiers and airmen who dedicated educational content that meets the efforts to address the valid concerns of their time and energy to contribute to highest standards of educational excel- both the copyright owners and the edu- our nation’s defense? lence.’’ Copyright protection can help cational and library community, and While there perhaps is no easy an- provide the incentive for the develop- look forward to working with all inter- swer to this question, the patriotism ment of such content. ested stakeholders as this legislation is and dedication of these men is without In addition, the bill requires the use considered by the Judiciary Committee doubt. Nineteen served with the Vir- by distance educators of technological and the Congress. ginia Air National Guard in the 203d safeguards to ensure that the dissemi- Distance education is an important Red Horse Unit. Three were of the 171st nation of material covered under the issue to both the chairman and to me, Aviation Battalion of the Florida exemption is limited only to the stu- and to the people of our States. I com- Army National Guard. All come from a dents who are intended to receive it. mend him for scheduling a hearing on proud citizen-soldier tradition that Finally, the TEACH Act directs the this important legislation for next Copyright Office to conduct a study on dates back to the War of Independence. week. This was a routine mission for the the status of licensing for private and f fated C–23 Sherpa. With the Florida public school digital distance edu- Guardsmen at the controls, the plane cation programs and the use of copy- STATEMENTS ON SUBMITTED took off on Friday morning, headed for righted works in such programs, and to RESOLUTIONS Virginia. Its passengers had just com- convene a conference to develop guide- pleted their two-weeks of annual train- lines for the use of copyrighted works ing in Georgia, where they had honed for digital distance education under SENATE RESOLUTION 45— their already refined construction the fair use doctrine and the edu- HORNORING THE MEN AND abilities. They were heading back to cational use exemptions in the copy- WOMEN WHO SERVE THIS COUN- their families and the civilian jobs. right law. Both the Copyright Office re- TRY IN THE NATIONAL GUARD Alas, those reunions were never to port and the Kerrey Commission noted AND EXPRESSING CONDOLENCES occur. dissatisfaction with the licensing proc- OF THE UNITED STATES SENATE It is a great loss whenever a member ess for digital copyrighted works. Ac- TO FAMILY AND FRIENDS OF of the armed services gives his or her cording to the Copyright Office, many THE 21 NATIONAL GUARDSMEN life in the lien of duty. But perhaps be- educational institutions ‘‘describe hav- WHO PERISHED IN THE CRASH cause these men came straight out of ing experienced recurrent problems ON MARCH 3, 2001 local communities, because they were [that] . . . can be broken down into Mr. BOND (for himself and Mr. juggling the demands of work and fam- three categories: difficulty locating the LEAHY) submitted the following resolu- ily along with their national service, copyright owner; inability to obtain a tion; which was referred to the Com- we feel the losses like these especially timely response; and unreasonable mittee on Armed Services: deeply. Their departure reminds us prices for other terms.’’ Similarly, the S. RES. 45 that our friends, colleagues, and neigh- Kerrey Commission report echoed the Whereas on March 3, 2001, a tragic crash of bors in the National Guard make sac- same concern. A study focusing on a C-23 from the 171st Aviation Battalion of rifices every time they report for duty. these licensing issues will hopefully the Florida Army National Guard, carrying They leave the comfort of their homes prove fruitful and constructive for both guardsmen from the 203rd Red Horse Unit of for the rigors of service. It is a sacrifice publishers and educational institu- the Virginia Air National Guard took the that is worthy of honor and recogni- tions. lives of 21 guardsmen; The Kerrey Commission report ob- Whereas this unfortunate crash occurred tion, but often goes unnoticed until served that ‘‘[c]oncern about inad- during a routine training mission; they make the ultimate sacrifice. With that in mind, I join with my vertent copyright infringement ap- Whereas the National Guard is present in every state and four protectorates and is colleague Senator KIT BOND in intro- pears, in many school districts, to comprised of citizen-soldiers and airmen who ducing a resolution that honors their limit the effective use of the Internet continually support our active forces; service and expresses our heartfelt con- as an educational tool.’’ For this rea- Whereas members of the Tragedy Assist- dolences to the families of the victims. son, the Kerrey Commission report en- ance Program for Survivors were on site the dorsed ‘‘the U.S. Copyright Office pro- day of the accident and generously rendered f posal to convene education representa- assistance to family members and friends; SENATE RESOLUTION 46—AUTHOR- tives and publisher stakeholders in and IZING EXPENDITURES BY THE order to build greater consensus and Whereas this is a somber reminder of the SENATE COMMITTEE ON INDIAN fact that the men and women in the United understanding of the ‘fair use’ doctrine States Armed Forces put their lives on the AFFAIRS and its application in web-based edu- line every day to protect this great Nation Mr. CAMPBELL submitted the fol- cation. The goal should be agreement and that each citizen should forever be lowing resolution; from the Committee on guidelines for the appropriate dig- grateful for the sacrifices made by these men on Indian Affairs; which was referred ital use of information and consensus and women: Now, therefore, be it to the Committee on Rules and Admin- Resolved, That the Senate— on the licensing of content not covered istration: by the fair use doctrine.’’ The TEACH (1) recognizes the contributions of the 21 S. RES. 46 Act will provide the impetus for this National Guardsmen who made the ultimate sacrifice to their Nation on March 3, 2001; Resolved, That, in carrying out its powers, process to begin. (2) expresses deep and heartfelt condo- duties and functions under the Standing I appreciate that, generally speaking, lences to the families and friends of the Rules of the Senate, in accordance with its copyright owners believe that current crash victims for this tragic loss; jurisdiction under rule XXV of such rules, in- copyright laws are adequate to enable (3) expresses appreciation for the members cluding holding hearings, and making inves- and foster legitimate distance learning of the Tragedy Assistance Program for Sur- tigations as authorized by paragraphs 1 and

VerDate 23-FEB-2001 04:49 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.109 pfrm08 PsN: S07PT1 S2012 CONGRESSIONAL RECORD — SENATE March 7, 2001 8 of rule XXVI of the Standing Rules of the SENATE RESOLUTION 47—AUTHOR- SEC. 5. There are authorized such sums as Senate, the Committee on Indian Affairs is IZING EXPENDITURES BY THE may be necessary for agency contributions authorized from March 1, 2001, through Feb- SELECT COMMITTEE ON INTEL- related to the compensation of employees of ruary 28, 2003, in its discretion (1) to make LIGENCE the committee, from March 1, 2001 through expenditures from the contingent fund of the September 30, 2001; October 1, 2001 through Senate, (2) to employ personnel, and (3) with Mr. SHELBY submitted the following September 30, 2002; and October 1, 2002 the prior consent of the Government depart- resolution; from the Select Committee ment or agency concerned and the Com- on Intelligence; which was referred to through February 28, 2003, to be paid from mittee on Rules and Administration, to use the Committee on Rules and Adminis- the Appropriations account for ‘‘Expenses of Inquiries and Investigations.’’ on a reimbursable or non-reimbursable basis tration: the services of personnel of any such depart- S. RES. 47 ment or agency. f Resolved, SEC. 2. (a) The expenses of the committee That, in carrying out its powers, duties, for the period March 1, 2001, through Sep- and functions under the Standing Rules of SENATE RESOLUTION 48—HON- tember 30, 2001, under this resolution shall the Senate, in accordance with its jurisdic- not exceed $970,754.00, of which amount (1) no ORING THE LIFE OF FORMER tion under rule XXV of such rules, including GOVERNOR OF MINNESOTA HAR- funds may be expended for the procurement holding hearings, reporting such hearings, of the services of individual consultants, or and making investigations as authorized by OLD E. STASSEN, AND EXPRESS- organizations thereof (as authorized by sec- paragraphs 1 and 8 of rule XXVI of the ING DEEPEST CONDOLENCES OF tion 202(i) of the Legislative Reorganization Standing Rules of the Senate, the Select THE SENATE TO HIS FAMILY ON Act of 1946, as amended), and (2) not to ex- Committee on Intelligence is authorized HIS DEATH ceed $1,000 may be expended for the training from March 1, 2001, through September 30, of professional staff of such committee 2001; October 1, 2001, through September 30, Mr. DAYTON (for himself and Mr. (under procedures specified by section 202(j) 2002; and October 1, 2002 through February 28, WELLSTONE) submitted the following of the Legislative Reorganization Act of 2003 in its discretion (1) to make expendi- 1946). tures from the contingent fund of the Sen- resolution; which was considered and (b) For the period October 1, 2001, through ate, (2) to employ personnel, and (3) with the agreed to: September 30, 2002, expenses of the com- prior consent of the Government department S. RES. 48 mittee under this resolution shall not exceed or agency concerned and the Committee on $1,718,989.00, of which amount (1) no funds Rules and Administration, to use on a reim- Whereas the Senate has learned with sad- may be expended for the procurement of the bursable or non-reimbursable basis the serv- ness of the death of Harold E. Stassen; services of individual consultants, or organi- ices of personnel of any such department or Whereas Harold E. Stassen, born in St. zations thereof (as authorized by section agency. Paul, Minnesota, greatly distinguished him- 202(i) of the Legislative Reorganization Act SEC. 2. (a) The expenses of the committee self and his State by his long commitment to of 1946, as amended), and (2) not to exceed for the period March 1, 2001 through Sep- public service; $1,000 may be expended for the training of tember 30, 2001 under this resolution shall Whereas in 1938, Harold E. Stassen, at age professional staff of such committee (under not exceed $1,859,933 of which amount not to 31, became the youngest person elected Gov- procedures specified by section 202(j) of the exceed $37,917 may be expended for the pro- ernor in the history of the United States; Legislative Reorganization Act of 1946). curement of the services of individual con- Whereas Harold E. Stassen, elected to 3 sultants, or organizations thereof (as author- (c) For the period October 1, 2002, through consecutive terms as Governor of Minnesota, ized by section 202(i) of the Legislative Reor- February 28, 2003, expenses of the committee was a visionary leader of the Republican ganization Act of 1946, as amended). under this resolution shall not exceed (b) For the period October 1, 2001 through Party and was nationally recognized for civil $734,239.00, of which amount (1) no funds may September 30, 2002, expenses of the com- service and anti-corruption reforms while be expended for the procurement of the serv- mittee under this resolution shall not exceed Governor; ices of individual consultants, or organiza- $3,298,074, of which amount not to exceed Whereas during Harold E. Stassen’s third tions thereof (as authorized by section 202(i) $65,000 be expended for the procurement of term as Governor, he voluntarily resigned of the Legislative Reorganization Act of 1946, the services of individual consultants, or or- from that office to join the United States as amended), and (2) not to exceed $1,000 may ganizations thereof (as authorized by section Navy in World War II, helping to free Amer- be expended for the training of professional 202(i) of the Legislative Reorganization Act ican prisoners of war from Japan and re- staff of such committee (under procedures of 1946, as amended). ceived promotion to the rank of captain; specified by section 202(j) of the Legislative (c) For the period October 1, 2002 through Whereas Harold E. Stassen was an original Reorganization Act of 1946). February 28, 2003, expenses of the committee signer of the United Nations charter of 1948, SEC. 3. The committee shall report its find- under this resolution shall not exceed and in that same year undertook the first of ing, together with such recommendations for $1,410,164, of which amount not to exceed 9 campaigns for President of the United legislation as it deems advisable, to the Sen- $27,083 be expended for the procurement of States; ate at the earliest practicable date, but not the services of individual consultants, or or- Whereas Harold E. Stassen served 5 years later than February 28, 2001. ganizations thereof (as authorized by section in the Eisenhower administration, first over- 202(i) of the Legislative Reorganization Act SEC. 4. Expenses of the committee under seeing foreign aid programs, then serving as of 1946, as amended). this resolution shall be paid from the contin- a Special Presidential Assistant on disar- SEC. 3. The committee shall report its find- gent fund of the Senate upon vouchers ap- ings, together with such recommendations mament policy; proved by the Chairman of the committee, for legislation as it deems advisable, to the Whereas although Harold E. Stassen spent except that vouchers shall not be required (1) Senate at the earliest practicable date, but much of his life as a public servant, he was for the disbursement of the salaries of em- not later than February 28, 2003, respec- also highly respected as an international ployees paid at an annual rate, or (2) for the tively. lawyer in private practice; payment of telecommunications provided by SEC. 4. Expenses of the committee under Whereas Harold E. Stassen, a major con- the Office of the Sergeant at Arms and Door- this resolution shall be paid from the contin- structive force in shaping the course of the keeper, United States Senate, or (3) for the gent fund of the Senate upon vouchers ap- 20th Century, was a great intellectual force, payment of stationery supplies purchased proved by the chairman of the committee, a noble statesman, and a high moral exam- through the Keeper of the Stationery, United except that vouchers shall not be required (1) ple; States Senate, or (4) for payments to the for the disbursement of salaries of employees Whereas Harold E. Stassen was committed Postmaster, United States Senate, or (5) for paid at an annual rate, or (2) for the pay- not only to his country and his ideals, but the payment of metered charges on copying ment of telecommunications provided by the also to his late wife of 70 years, Esther, his equipment provided by the Office of the Ser- Office of the Sergeant at Arms and Door- daughter and son, his 7 grandchildren, and 4 geant at Arms and Doorkeeper, United keeper, United States Senate, or (3) for the great-grandchildren; and States Senate, or (6) for the payment of Sen- payment of stationery supplies purchased ate Recording and Photographic Services, or Whereas in the days following the passing through the Keeper of the Stationery, United of Harold E. Stassen, many past and present (7) for payment of franked and mass mail States Senate, or (4) for payments to the costs by the Sergeant at Arms and Door- Minnesota public servants and national lead- Postmaster, United States Senate, or (5) for ers have praised the life he led: Now, there- keeper, United States Senate. the payment of metered charges on copying fore, be it SEC. 5. There are authorized such sums as equipment provided by the Office of the Ser- may be necessary for agency contributions geant at Arms and Doorkeeper, United Resolved, That the Senate— related to the compensation of employees of States Senate, or (6) for the payment of Sen- (1) honors the long life and devoted work of the committee from March 1, 2001, through ate Recording and Photographic Services, or a great leader and public servant; and February 28, 2003, to be paid from the Appro- (7) for payment of franked and mass mail (2) expresses its deepest condolences and priations account for ‘‘Expenses of Inquiries costs by the Sergeant at Arms and Door- best wishes to the family of Harold E. Stas- and Investigations’’. keeper, United States Senate. sen in this difficult time of loss.

VerDate 23-FEB-2001 04:49 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.095 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2013 SENATE RESOLUTION 49—AUTHOR- LINS, Mrs. FEINSTEIN, Mr. JEFFORDS, Resolved by the Senate (the House of Rep- IZING EXPENDITURES BY THE Mr. TORRICELLI, Mr. SPECTER, Mr. CAR- resentatives concurring), That it is the sense COMMITTEE ON ENERGY AND PER, and Ms. STABENOW) submitted the of Congress that— NATURAL RESOURCES following concurrent resolution; which (1) with respect to any long-term, Federal was referred to the Committee on Gov- surplus-reducing actions adopted by the Mr. MURKOWSKI submitted the fol- 107th Congress pursuant to the Congressional lowing resolution; from the Committee ernmental Affairs and the Committee Budget Office’s projected surpluses, such ac- on Energy and Natural Resources; on the Budget, jointly, pursuant to the tions shall include a legislative ‘‘trigger’’ or which was referred to the Committee order of August 4, 1977, with instruc- ‘‘safety’’ mechanism that links the phase-in on Rules and Administration: tions that if one Committee reports, of such actions to actual budgetary out- the other Committee have thirty days comes over the next 10 fiscal years; S. RES. 49 to report or be discharged: (2) this legislative ‘‘trigger’’ or ‘‘safety’’ Resolved, mechanism shall outline specific legislative That, in carrying out its powers, duties, S. CON. RES. 21 or automatic action that shall be taken and functions under the Standing Rules of Whereas the Congressional Budget Office should specified levels of Federal debt reduc- the Senate, in accordance with its jurisdic- (CBO) has projected that the Federal unified tion or on-budget surpluses not be realized, tion under rule XXV of such rules, including budget surplus over the 10-year period from in order to maintain fiscal discipline and holding hearings, reporting such hearings, fiscal year 2002 to fiscal year 2011 will total continue the reduction of our national debt; and making investigations as authorized by $5,610,000,000,000; (3) the legislative ‘‘trigger’’ or ‘‘safety’’ paragraphs 1 and 8 of rule XXVI of the Whereas the projected Federal on-budget mechanism shall be applied prospectively Standing Rules of the Senate, the Com- surplus over the same period of time is pro- and not repeal or cancel any previously im- mittee on Energy and Natural Resources is jected to be $3,122,000,000,000, which includes authorized from March 1, 2001, through Sep- a surplus for the medicare program in the plemented portion of a surplus-reducing ac- tember 30, 2001, October 1, 2001, through Sep- Federal Hospital Insurance (HI) Trust Fund tion; tember 30, 2002; and October 1, 2001, through of $392,000,000,000; (4) enactment of a legislative ‘‘trigger’’ or February 28, 2003, in its discretion (1) to Whereas the projected surplus provides ‘‘safety’’ mechanism shall not prevent Con- make expenditures from the contingent fund Congress with an opportunity to address a gress from passing other legislation affecting of the Senate, (2) to employ personnel, and variety of pressing national needs, including the level of Federal revenues or spending (3) with the prior consent of the Government Federal debt reduction, tax relief, and in- should future economic performance dictate department or agency concerned and the creased investment in the shared priorities such action; and Committee on Rules and Administration, to of the American people, such as national de- (5) this legislative ‘‘trigger’’ or ‘‘safety’’ use on a reimbursable or non-reimbursable fense, science, health, education, retirement mechanism will ensure fiscal discipline be- basis the services of personnel of any such security, and other areas; cause it restrains both Government spending department or agency. Whereas although CBO projections prop- and tax cuts, by requiring that the budget is SEC. 2(a). The expenses of the committee erly serve as the basis for budgetary policies balanced and that specified debt reduction for the period March 1, 2001, through Sep- in Congress, actual economic and fiscal out- targets are met. tember 30, 2001, under this resolution shall comes may differ substantially from projec- f not exceed $2,504,922. tions; (b) For the period October 1, 2001, through Whereas for example, as CBO indicates in SENATE CONCURRENT RESOLU- September 30, 2002, expenses of the com- its January 2001 budget update, if the future TION 22—HONORING THE 21 MEM- mittee under this resolution shall not exceed record is like the past, there is about a 50 BERS OF THE NATIONAL GUARD $4,443,495. percent chance that errors in the assump- WHO WERE KILLED IN THE (c) For the period October 1, 2002, through tions about economic and technical factors CRASH OF A NATIONAL GUARD February 28, 2003, expenses of the committee will cause CBO’s projection of the annual under this resolution shall not exceed AIRCRAFT ON MARCH 3, 2001, IN surplus 5 years ahead to miss the actual out- SOUTH-CENTRAL GEORGIA $1,900,457. come by more than 1.8 percent of the Gross SEC. 3. The committee shall report its find- Domestic Product, with a resulting dif- Mr. WARNER (for himself, Mr. ings, together with such recommendations ference in the surplus estimate of ALLEN, Mr. GRAHAM, and Mr. NELSON of for legislation as it deems advisable, to the $245,000,000,000 in the fifth year alone; Florida) submitted the following con- Senate at the earliest practicable date, but Whereas where appropriate, long-term not later than February 28, 2003, respec- current resolution; which was referred changes to tax and spending policy that are to the Committee on Armed Services: tively. predicated on the existence of significant SEC. 4. Expenses of the committee under budget surpluses should be linked to actual S. CON. RES. 22 this resolution shall be paid from the contin- fiscal performance, such as meeting specified Whereas a C–23 Sherpa National Guard air- gent fund of the Senate upon vouchers ap- debt reduction or on-budget surplus targets, craft crashed in south-central Georgia on proved by the chairman of the committee, to ensure the Federal Government does not March 3, 2001, killing all 21 National Guard except that vouchers shall not be required (1) incur on-budget deficits or increase the pub- members on board; for the disbursement of salaries of employees licly-held debt; Whereas of the 21 National Guard members paid at an annual rate, or (2) for the pay- Whereas during his testimony before the on board, 18 were members of the Virginia ment of telecommunications provided by the Senate Budget Committee on January 25, Air National Guard from the Hampton Roads Office of the Sergeant at Arms and Door- 2001, Federal Reserve Chairman Alan Green- area of Virginia returning home following keeper, United States Senate, or (3) for the span stated, ‘‘In recognition of the uncer- two weeks of training duty in Florida and payment of stationery supplies purchased tainties in the economic and budget outlook, the other 3 were members of the Florida through the Keeper of the Stationery, United it is important that any long-term tax plan, Army National Guard who comprised the States Senate, or (4) for payments to the or spending initiative for that matter, be flight crew of the aircraft; Postmaster, United States Senate, or (5) for phased in. Conceivably, it could include pro- Whereas the Virginia National Guard the payment of metered charges on copying visions that, in some way, would limit sur- members killed, all of whom were members equipment provided by the Office of the Ser- plus-reducing actions if specified targets for of the 203rd Red Horse Engineering Flight of geant at Arms and Doorkeeper, United the budget surplus and Federal debt were not Virginia Beach, Virginia, were Master Ser- States Senate, or (6) for the payment of Sen- satisfied. Only if the probability was very geant James Beninati, 46, of Virginia Beach, ate Recording and Photographic Services, or low that prospective tax cuts or new outlay Virginia; Staff Sergeant Paul J. Blancato, 38, (7) for payment of franked and mass mail initiatives would send the on-budget ac- of Norfolk, Virginia; Technical Sergeant Er- costs by the Sergeant at Arms and Door- counts into deficit, would unconditional ini- nest Blawas, 47, of Virginia Beach, Virginia; keeper, United States Senate. tiatives appear prudent’’, and he reiterated Staff Sergeant Andrew H. Bridges, 33, of f this testimony before the Senate Banking Chesapeake, Virginia; Master Sergeant Eric SENATE CONCURRENT RESOLU- Committee on February 13, 2001; and Bulman, 59, of Virginia Beach, Virginia; Whereas in light of Chairman Greenspan’s Staff Sergeant Paul Cramer, 43, of Norfolk, TION 21—TO EXPRESS THE testimony and the uncertainty of surplus Virginia; Technical Sergeant Michael East, SENSE OF CONGRESS REGARD- projections, while Members of Congress 40, of Parksley, Virginia; Staff Sergeant ING THE USE OF A LEGISLATIVE agree that the resources are available to ad- Ronald Elkin, 43, of Norfolk, Virginia; Staff ‘‘TRIGGER’’ OR ‘‘SAFETY’’ MECH- dress many pressing national needs in the Sergeant James Ferguson, 41, of Newport ANISM TO LINK LONG-TERM 107th Congress, Congress should exercise News, Virginia; Staff Sergeant Randy John- FEDERAL BUDGET SURPLUS RE- great caution and not pass tax cuts or spend- son, 40, of Emporia, Virginia; Senior Airman DUCTIONS WITH ACTUAL BUDG- ing increases that are so large that they will Mathrew Kidd, 23, of Hampton, Virginia; ETARY OUTCOMES necessitate future tax increases or signifi- Master Sergeant Michael Lane, 34, of cant spending cuts if anticipated budget sur- Moyock, North Carolina; Technical Sergeant Ms. SNOWE (for herself, Mr. BAYH, pluses fail to materialize: Now, therefore, be Edwin Richardson, 48, of Virginia Beach, Vir- Mr. CHAFEE, Ms. LANDRIEU, Ms. COL- it ginia; Technical Sergeant Dean Shelby, 39, of

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.078 pfrm08 PsN: S07PT1 S2014 CONGRESSIONAL RECORD — SENATE March 7, 2001 Virginia Beach, Virginia; Staff Sergeant ‘‘(A) the term ‘small business’ means an medical expenses, as defined in section 213(d) John Sincavage, 27, of Chesapeake, Virginia; unincorporated business, partnership, cor- of the Internal Revenue Code of 1986, unless Staff Sergeant Gregory Skurupey, 34, of poration, association, or organization that— the debtor elects to make a provision of this Gloucester, Virginia; Staff Sergeant Richard ‘‘(i) has fewer than 25 full-time employees, Act or an amendment made by this Act ap- Summerell, 51, of Franklin, Virginia; and as determined on the date on which the mo- plicable to that debtor. Major Frederick Watkins, III, 35, of Virginia tion is filed; and (2) APPLICABILITY.—Title 11, United States Beach, Virginia; ‘‘(ii) is engaged in commercial or business Code, as in effect on the day before the effec- Whereas the Florida National Guard mem- activity; and tive date of this Act and the amendments bers killed, all of whom were members of De- ‘‘(B) the number of employees of a wholly made by this Act, shall apply to persons re- tachment 1, 1st Battalion, 171st Aviation, of owned subsidiary of a corporation includes ferred to in paragraph (1) on and after the Lakeland, Florida, were Chief Warrant Offi- the employees of— date of enactment of this Act, unless the cer John Duce, 49, of Orange Park, Florida; ‘‘(i) a parent corporation; and debtor elects otherwise in accordance with Chief Warrant Officer Eric Larson, 34, of ‘‘(ii) any other subsidiary corporation of paragraph (1). Land-O-Lakes, Florida; and Staff Sergeant the parent corporation.’’. Robert Ward, 35, of Lakeland, Florida; (b) CHAPTER 12.—Section 1222 of title 11, SA 15. Mr. BAUCUS submitted an Whereas these members of the National United States Code, is amended— amendment intended to be proposed by Guard were performing their duty in further- (1) in subsection (a), as amended by section him to the bill S. 420, to amend title II, ance of the national security interests of the 213 of this Act, by adding at the end the fol- United States Code, and for other pur- United States; lowing: poses; which was ordered to lie on the Whereas the members of the Armed Forces, ‘‘(5) provide that no distribution shall be including the National Guard, are routinely made on a nonpriority unsecured claim of a table; as follows: called upon to perform duties that place for-profit business that is not a small busi- At the appropriate place, insert the fol- their lives at risk; and ness until the claims of creditors that are lowing: Whereas the members of the National small businesses have been paid in full.’’; and SEC. ll. INVOLUNTARY CASES. Guard who lost their lives as a result of the (2) by adding at the end the following: Section 303 of title 11, United States Code, aircraft crash on March 3, 2001, died in the ‘‘(e) For purposes of subsection (a)(5)— is amended— honorable service to the Nation and exempli- ‘‘(1) the term ‘small business’ means an un- (1) in subsection (b)(1), by— fied all that is best in the American people: incorporated business, partnership, corpora- (A) inserting ‘‘as to liability or amount’’ Now, therefore, be it tion, association, or organization that— after ‘‘bona fide dispute’’; and Resolved by the Senate (the House of Rep- ‘‘(A) has fewer than 25 full-time employees, (B) striking ‘‘if such claims’’ and inserting resentatives concurring), That the Congress— as determined on the date on which the mo- ‘‘if such undisputed claims’’; and (1) honors the 18 members of the Virginia tion is filed; and (2) in subsection (h)(1), by inserting before Air National Guard and 3 members of the ‘‘(B) is engaged in commercial or business the semicolon the following: ‘‘as to liability Florida Army National Guard who were activity; and or amount’’. killed on March 3, 2001, in the crash of a C– ‘‘(2) the number of employees of a wholly 23 Sherpa National Guard aircraft in south- owned subsidiary of a corporation includes SA 16. Ms. COLLINS (for herself, Mr. central Georgia; and the employees of— KERRY, and Mr. STEVENS) submitted an (2) sends heartfelt condolences to their ‘‘(A) a parent corporation; and amendment intended to be proposed by families, friends, and loved ones. ‘‘(B) any other subsidiary corporation of her to the bill S. 420, to amend title II, the parent corporation.’’. f (c) CHAPTER 13.—Section 1322(a) is amend- United States Code, and for other pur- poses; which was ordered to lie on the AMENDMENTS SUBMITTED AND ed— (1) in subsection (a), as amended by section table; as follows: PROPOSED 213 of this Act, by adding at the end the fol- At the appropriate place insert the fol- SA 13. Mr. LEAHY proposed an amendment lowing: lowing: to the bill S. 420, to amend title II, United ‘‘(5) provide that no distribution shall be SEC. ll. FAMILY FISHERMEN. States Code, and for other purposes. made on a nonpriority unsecured claim of a (a) DEFINITIONS.—Section 101 of title 11, SA 14. Mr. WELLSTONE proposed an for-profit business that is not a small busi- United States Code, is amended— amendment to the bill S. 420, supra. ness until the claims of creditors that are (1) by inserting after paragraph (7) the fol- SA 15. Mr. BAUCUS submitted an amend- small businesses have been paid in full.’’; and lowing: ment intended to be proposed by him to the (2) by adding at the end the following: ‘‘(7A) ‘commercial fishing operation’ in- bill S. 420, supra; which was ordered to lie on ‘‘(f) For purposes of subsection (a)(5)— cludes— the table. ‘‘(1) the term ‘small business’ means an un- ‘‘(A) the catching or harvesting of fish, SA 16. Ms. COLLINS (for herself, Mr. incorporated business, partnership, corpora- shrimp, lobsters, urchins, seaweed, shellfish, KERRY, and Mr. STEVENS) submitted an tion, association, or organization that— or other aquatic species or products; amendment intended to be proposed by her ‘‘(A) has fewer than 25 full-time employees, ‘‘(B) for purposes of section 109 and chapter to the bill S. 420, supra; which was ordered to as determined on the date on which the mo- 12, aquaculture activities consisting of rais- lie on the table. tion is filed; and ing for market any species or product de- SA 17. Mr. DURBIN proposed an amend- ‘‘(B) is engaged in commercial or business scribed in subparagraph (A); and ment to the bill S. 420, supra. activity; and ‘‘(C) the transporting by vessel of a pas- SA 18. Mr. REED submitted an amendment ‘‘(2) the number of employees of a wholly senger for hire (as defined in section 2101 of intended to be proposed by him to the bill S. owned subsidiary of a corporation includes title 46) who is engaged in recreational fish- 420, supra; which was ordered to lie on the the employees of— ing; table. ‘‘(A) a parent corporation; and ‘‘(7B) ‘commercial fishing vessel’ means a ‘‘(B) any other subsidiary corporation of TEXT OF AMENDMENTS vessel used by a fisherman to carry out a the parent corporation.’’. commercial fishing operation;’’; SA 13. Mr. LEAHY proposed an On page 67, line 4, strike ‘‘inserting ‘; amendment to the bill S. 240, to amend (2) by inserting after paragraph (19) the fol- and’’’ and insert ‘‘inserting a semicolon’’. lowing: title II, United States Code, and for On page 67, line 13, strike the period and ‘‘(19A) ‘family fisherman’ means— insert ‘‘; and’’. other purposes; as follows: ‘‘(A) an individual or individual and spouse On page 69, line 13, strike ‘‘inserting ‘; At the end of title IV, add the following: engaged in a commercial fishing operation and’’’ and insert ‘‘inserting a semicolon’’. (including aquaculture for purposes of chap- SEC. 446. PRIORITY FOR SMALL BUSINESS CREDI- On page 69, line 22, strike the period and TORS. ter 12)— insert ‘‘; and’’. (a) CHAPTER 7.—Section 726(b) of title II, Amend the table of contents accordingly. ‘‘(i) whose aggregate debts do not exceed United States Code, is amended— $1,500,000 and not less than 80 percent of (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; SA 14. Mr. WELLSTONE proposed an whose aggregate noncontingent, liquidated (2) by striking ‘‘paragraph, except that in debts (excluding a debt for the principal resi- a’’ and inserting the following: ‘‘paragraph, amendment to the bill S. 240, to amend dence of such individual or such individual except that— title II, United States Code, and for and spouse, unless such debt arises out of a ‘‘(A) in a’’; and other purposes; as follows: commercial fishing operation), on the date (3) by striking the period at the end and in- On page 441, after line 2, add the following: the case is filed, arise out of a commercial serting the following: ‘‘; and (c) EXEMPTIONS.— fishing operation owned or operated by such ‘‘(B) with respect to each such paragraph, (1) IN GENERAL.—This Act and the amend- individual or such individual and spouse; and a claim of a small business has priority over ments made by this Act do not apply to any ‘‘(ii) who receive from such commercial a claim of a creditor that is a for-profit busi- debtor that can demonstrate to the satisfac- fishing operation more than 50 percent of ness but is not a small business. tion of the court that the reason for the fil- such individual’s or such individual’s and ‘‘(2) In this subsection— ing was a result of debts incurred through spouse’s gross income for the taxable year

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.097 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — SENATE S2015 preceding the taxable year in which the case fisherman incurred on or after the date of the GAO shall submit a report to the Con- concerning such individual or such indi- enactment of this chapter. gress on the results of the study conducted vidual and spouse was filed; or ‘‘(b) A lien described in this subsection is— under subsection (a), together with any rec- ‘‘(B) a corporation or partnership— ‘‘(1) a maritime lien under subchapter III ommendations for legislation to address any ‘‘(i) in which more than 50 percent of the of chapter 313 of title 46 without regard to abusive or coercive tactics found within the outstanding stock or equity is held by— whether that lien is recorded under section reaffirmation process. ‘‘(I) 1 family that conducts the commercial 31343 of title 46; or Amend the table of contents accordingly. ‘‘(2) a lien under applicable State law (or fishing operation; or f ‘‘(II) 1 family and the relatives of the mem- the law of a political subdivision thereof). bers of such family, and such family or such ‘‘(c) Subsection (a) shall not apply to— NOTICES OF HEARINGS/MEETINGS relatives conduct the commercial fishing op- ‘‘(1) a claim made by a member of a crew COMMITTEE ON RULES AND ADMINISTRATION eration; and or a seaman including a claim made for— ‘‘(ii)(I) more than 80 percent of the value of ‘‘(A) wages, maintenance, or cure; or Mr. MCCONNELL. Mr. President, I its assets consists of assets related to the ‘‘(B) personal injury; or wish to announce that the Committee commercial fishing operation; ‘‘(2) a preferred ship mortgage that has on Rules and Administration will meet ‘‘(II) its aggregate debts do not exceed been perfected under subchapter II of chapter at 4 p.m., Thursday, March 8, 2001, in $1,500,000 and not less than 80 percent of its 313 of title 46. room SR–301 Russell Senate Office aggregate noncontingent, liquidated debts ‘‘(d) For purposes of this chapter, a mort- gage described in subsection (c)(2) shall be Building, to consider the omnibus fund- (excluding a debt for 1 dwelling which is ing resolution for committees of the owned by such corporation or partnership treated as a secured claim.’’. and which a shareholder or partner main- (d) CLERICAL AMENDMENTS.— Senate for the 107th Congress. tains as a principal residence, unless such (1) TABLE OF CHAPTERS.—In the table of For further information concerning debt arises out of a commercial fishing oper- chapters for title 11, United States Code, the this meeting, please contact Mary Suit ation), on the date the case is filed, arise out item relating to chapter 12, is amended to Jones at the committee on 4–6352. read as follows: of a commercial fishing operation owned or SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC operated by such corporation or such part- ‘‘12. Adjustments of Debts of a Family PRESERVATION, AND RECREATION nership; and Farmer or Family Fisherman with Mr. THOMAS. Mr. President, I would ‘‘(III) if such corporation issues stock, such Regular Annual Income ...... 1201’’. stock is not publicly traded;’’; and (2) TABLE OF SECTIONS.—The table of sec- like to announce for the information of (3) by inserting after paragraph (19A) the tions for chapter 12 of title 11, United States the Senate and the public that an over- following: Code, is amended by adding at the end the sight hearing has been scheduled before ‘‘(19B) ‘family fisherman with regular an- following new item: the Subcommittee on National parks, nual income’ means a family fisherman ‘‘1232. Additional provisions relating to fam- Historic Preservation, and Recreation whose annual income is sufficiently stable ily fishermen.’’. of the Committee on Energy and Nat- and regular to enable such family fisherman (e) APPLICABILITY.— ural Resources. The purpose of this to make payments under a plan under chap- Nothing in this section shall change, af- oversight hearing is to review the Na- ter 12 of this title;’’. fect, or amend the Fishery Conservation and (b) WHO MAY BEADEBTOR.—Section 109(f) Management Act of 1976 (16 U.S.C. 1801, et tional Park Service’s implementation of title 11, United States Code, is amended by seq.). of management policies and procedures inserting ‘‘or family fisherman’’ after ‘‘fam- Amend the table of contents accordingly. to comply with the provisions of title ily farmer’’. IV of the National Parks Omnibus (c) CHAPTER 12.—Chapter 12 of title 11, SA 17. Mr. DURBIN proposed an Management Act of 1998. United States Code, is amended— amendment to the bill S. 420, to amend The hearing will take place on Thurs- (1) in the chapter heading, by inserting title II, United States Code, and for day, March 22, 2001, at 2:30 p.m. in room ‘‘ ’’ after ‘‘ OR FISHERMAN FAMILY FARM- other purposes; as follows: SD–192 of the Dirksen Senate Office ER’’; At the end of subtitle A of title II, add the (2) in section 1201, by adding at the end the Building in Washington, DC. following: following: Because of the limited time available ‘‘(e)(1) Notwithstanding any other provi- SEC. 204. DISCOURAGING PREDATORY LENDING for the hearing, witnesses may testify sion of law, for purposes of this subsection, a PRACTICES. by invitation only. However, those Section 502(b) of title 11, United States guarantor of a claim of a creditor under this wishing to submit written testimony section shall be treated in the same manner Code, is amended— (1) in paragraph (8), by striking ‘‘or’’ at the for the hearing record should send two as a creditor with respect to the operation of copies of their testimony to the Com- a stay under this section. end; ‘‘(2) For purposes of a claim that arises (2) in paragraph (9), by striking the period mittee on Energy and Natural Re- from the ownership or operation of a com- at the end and inserting ‘‘; or’’; and sources, United States Senate, SRC–2, mercial fishing operation, a co-maker of a (3) by adding at the end the following: Russell Senate Office Building, Wash- loan made by a creditor under this section ‘‘(10) the claim is based on a secured debt, ington, DC 20510–6150. shall be treated in the same manner as a if the creditor has failed to comply with any For further information, please con- creditor with respect to the operation of a applicable requirement under subsection (a), (b), (c), (d), (e), (f), (g), (h), or (i) of section tact Jim O’Toole or Kevin Clark of the stay under this section.’’; committee staff at (202) 224–1219. (3) in section 1203, by inserting ‘‘or com- 129 of the Truth in Lending Act (15 U.S.C. mercial fishing operation’’ after ‘‘farm’’; 1639).’’. f (4) in section 1206, by striking ‘‘if the prop- SA 18. Mr. REED submitted an AUTHORITY FOR COMMITTEES TO erty is farmland or farm equipment’’ and in- MEET serting ‘‘if the property is farmland, farm amendment intended to be proposed by equipment, or property of a commercial fish- him to the bill S. 420, to amend title II, COMMITTEE ON COMMERCE, SCIENCE, AND ing operation (including a commercial fish- United States Code, and for other pur- TRANSPORTATION ing vessel)’’; and poses; which was ordered to lie on the Mr. HATCH. Mr. President, I ask (5) by adding at the end the following: table; as follows: unanimous consent that the Com- ‘‘§ 1232. Additional provisions relating to fam- At the end of subtitle A of title II, add the mittee on Commerce, Science, and ily fishermen following: Transportation be authorized to meet ‘‘(a)(1) Notwithstanding any other provi- SEC. 204. GAO STUDY ON REAFFIRMATION PROC- on Wednesday, March 7, 2001, at 9:30 sion of law, except as provided in subsection ESS. A.M., on voting technology reform. (c), with respect to any commercial fishing (a) STUDY.—The General Accounting Office vessel of a family fisherman, the debts of (in this section referred to as the ‘‘GAO’’) The PRESIDING OFFICER. Without that family fisherman shall be treated in the shall conduct a study of the reaffirmation objection, it is so ordered. manner prescribed in paragraph (2). process under title 11, United States Code, to COMMITTEE ON ENERGY AND NATURAL ‘‘(2)(A) For purposes of this chapter, a determine the overall treatment of con- RESOURCES claim for a lien described in subsection (b) sumers within the context of that process, Mr. HATCH. Mr. President, I ask for a commercial fishing vessel of a family including consideration of— unanimous consent that the Com- fisherman that could, but for this sub- (1) the policies and activities of creditors mittee on Energy and Natural Re- section, be subject to a lien under otherwise with respect to reaffirmation; and applicable maritime law, shall be treated as (2) whether there is abuse or coercion of sources be authorized to meet during an unsecured claim. consumers inherent in the process. the session of the Senate on Wednes- ‘‘(B) Subparagraph (A) applies to a claim (b) REPORT TO CONGRESS.—Not later than 1 day, March 7 following the first rollcall for a lien resulting from a debt of a family year after the date of enactment of this Act, vote to conduct a business meeting to

VerDate 23-FEB-2001 04:57 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.112 pfrm08 PsN: S07PT1 S2016 CONGRESSIONAL RECORD — SENATE March 7, 2001 consider the Committee’s funding reso- PRIVILEGE OF THE FLOOR PROGRAM lution and changes to the Committee Mr. LEAHY. Mr. President, I ask rules. Mr. BROWNBACK. For the informa- unanimous consent that Tara Magner tion of all Senators, the Senate will The PRESIDING OFFICER. Without and Maryam Mazloom be granted floor objection, it is so ordered. convene at 9:30 a.m. tomorrow and im- privileges for the remainder of the de- mediately resume the pending bank- COMMITTEE ON FINANCE bate on the bankruptcy reform bill. ruptcy bill. Amendments and votes are The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask expected to occur throughout the day objection, it is so ordered. unanimous consent that the Com- and into the evening in an effort to mittee on Finance be authorized to f make substantial progress on this vital meet during the session of the Senate IN HONOR OF FORMER GOVERNOR piece of legislation. Members are en- on Wednesday, March 7, 2001, to hear HAROLD E. STASSEN couraged to work with the bill man- testimony regarding Marginal Rate Re- Mr. BROWNBACK. Mr. President, I agers if they intend to offer amend- duction. ask unanimous consent that the Sen- ments. The PRESIDING OFFICER. Without ate proceed to the immediate consider- Mr. REID. Mr. President, will the objection, it is so ordered. ation of S. Res. 48 submitted earlier Senator yield for a question? COMMITTEE ON HEALTH, EDUCATION, LABOR, today by Senators DAYTON and AND PENSIONS Mr. BROWNBACK. I am happy to WELLSTONE. yield to the Senator from Nevada. Mr. HATCH. Mr. President, I ask The PRESIDING OFFICER. The unanimous consent that the Com- clerk will report the resolution by Mr. REID. We have a group of Sen- mittee on Health, Education, Labor, title. ators, with House Members, members and Pensions be authorized to meet in The assistant legislative clerk read of the Intelligence Committee, who are executive session during the session of as follows: traveling to South America. Does the the Senate on Wednesday, March 7, A resolution (S. Res. 48) honoring the life Senator think we can learn early in the 2001, at 9:30 a.m. of former Governor of Minnesota, Harold E. morning if there are going to be votes The PRESIDING OFFICER. Without Stassen, and expressing deepest condolences past 5 o’clock so they can have some objection, it is so ordered. of the Senate to his family on his death. idea as to what to plan and what they COMMITTEE ON INDIAN AFFAIRS There being no objection, the Senate can do? proceeded to consider the resolution. Mr. BROWNBACK. I understand the Mr. HATCH. Mr. President, I ask Mr. BROWNBACK. Mr. President, I leadership is trying to work out a fi- unanimous consent that the Com- ask unanimous consent that the reso- nite list of amendments that could be mittee on Indian Affairs be authorized lution and preamble be agreed to en worked on to the point that maybe we to meet on Wednesday, March 7, 2001 at bloc, the motion to reconsider be laid could get that group done and limit it 9:30 a.m. in room 485 of the Russell upon the table, and that any state- so we could have a voting time set, and Senate Office Building to conduct a ments relating thereto be printed in Business Meeting to adopt the rules of then those Members could plan what the RECORD. the Committee for the 107th Congress. The PRESIDING OFFICER. Without they are trying to do. I understand it is The PRESIDING OFFICER. Without objection, it is so ordered. being worked on right now. objection, it is so ordered. The resolution (S. Res. 48) was agreed Mr. REID. Senator LEAHY has indi- COMMITTEE ON SMALL BUSINESS to. cated he is willing to cooperate in any Mr. HATCH. Mr. President, I ask The preamble was agreed to. way he can. unanimous consent that the Com- (The text of S. Res. 48 is located in Mr. BROWNBACK. Good. I thank my mittee on Small Business be authorized today’s RECORD under ‘‘Statements on colleague from Nevada for the com- to meet during the session of the Sen- Submitted Resolutions.’’) ments. Hopefully we can get a limited ate on Wednesday, March 7, 2001, begin- f number of amendments and move this ning at 9:30 a.m. in room 428A of the ORDERS FOR THURSDAY, MARCH bill through. This could be a substan- Russell Senate Office Building to hold 8, 2001 tial piece of legislation for this body to a forum entitled ‘‘PNTR/WTO: A Good Mr. BROWNBACK. Mr. President, I pass. Deal for U.S. Small Businesses in ask unanimous consent that when the China?’’ Senate completes its business today, it f The PRESIDING OFFICER. Without adjourn until the hour of 9:30 a.m. on objection, it is so ordered. Thursday, March 8. I further ask unan- ADJOURNMENT UNTIL 9:30 A.M. SELECT COMMITTEE ON INTELLIGENCE imous consent that on Thursday, im- TOMORROW Mr. HATCH. Mr. President, I ask mediately following the prayer, the unanimous consent that the Select Journal of proceedings be approved to Mr. BROWNBACK. Mr. President, if Committee on Intelligence be author- date, the morning hour be deemed ex- there is no further business to come be- ized to meet during the session of the pired, the time for the two leaders be fore the Senate, I now ask unanimous Senate on Wednesday, March 7, 2001 at reserved for their use later in the day, consent the Senate stand in adjourn- 2:00 p.m. to hold a closed hearing on in- and the Senate then resume the pend- ment under the previous order. telligence matters. ing bankruptcy bill. There being no objection, the Senate, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without at 7:44 p.m., adjourned until Thursday, objection, it is so ordered. objection, it is so ordered. March 8, 2001, at 9:30 a.m.

VerDate 23-FEB-2001 04:25 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MR6.115 pfrm08 PsN: S07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E293 EXTENSIONS OF REMARKS

TRIBUTE TO THOMAS W. READY Tom for his dedication and service to his com- in Kansas City, Kansas, in 1928, and passed munity over the years and congratulate him on away on January 14, 2001, in Kentfield, Cali- HON. SCOTT McINNIS an outstanding career. He has worked hard for fornia. OF COLORADO our community and for our great state. Essentially a quadriplegic for much of his IN THE HOUSE OF REPRESENTATIVES f adulthood, he devoted his own life to improve the lives of the poor, the sick, the disabled. He Wednesday, March 7, 2001 REINTRODUCTION OF THE ‘‘CODE worked for greater economic opportunities for OF ELECTION ETHICS’’ Mr. MCINNIS. Mr. Speaker, I would like to minorities. As a member of the Marin County take a moment to congratulate a remarkable Human Rights Commission, he fought to elimi- gentleman, Thomas W. Ready, for his out- HON. JOHN ELIAS BALDACCI nate bigotry. He also added his most influen- standing leadership and dedication to his OF MAINE tial voice to protect our environment and was country and the State of Colorado. Tom is a IN THE HOUSE OF REPRESENTATIVES one of the founders of the environmental edu- long time resident of Pueblo, Colorado, where Wednesday, March 7, 2001 cation program at the College of Marin. his hard work and vision have taken the GOP As a co-founder of the Marin Center for Mr. BALDACCI. Mr. Speaker, most cam- to new heights in the community. What’s Independent Living Mr. Cox was instrumental paign reform efforts are focused on the financ- more, Tom has had an outstanding career as in providing housing, employment, access to ing aspect. This is an important issue, and I a Dentist in the Pueblo area, a career that is public transportation, and recreation for the am a strong proponent of moving forward with now coming to a close. Tom’s contributions to disabled, and served on the Golden Gate meaningful campaign finance reform. How- the citizens of Colorado are great in number Bridge District’s Disabled Access Committee. ever, while the American people are tired of and deserve the recognition of Congress. He advocated for employment opportunities the abuses in our campaign finance system, Tom is a wonderful model of the ideal cit- for women, minorities, and other groups as a they are equally tired of the negative cam- izen. Tom was born in Pueblo, Colorado in member of the Marin County Affirmative Ac- paigns that seem to have become the norm. 1944, where he spent his formative years. tion Advisory Committee. He served on a I strongly believe that the tone and content of Tom attended college at the University of Ne- seemingly endless number of commissions, campaigns has an impact on public trust in braska in Lincoln, and later pursued his grad- committees, panels, and boards, and all from government and citizen participation in the uate work at the Washington University School his wheelchair. electoral process. of Dentistry in St. Louis, Missouri. After grad- For that reason, I am reintroducing legisla- Mr. Speaker, we have lost a great man. We uating with a degree in dentistry in 1970, Tom tion that would encourage congressional can- have lost an irreplaceable member of our was drafted into the United States Army and didates to abide by a ‘‘Code of Election Eth- community. He will be sorely missed by all of assigned to the Army Dental Corp at Fort ics.’’ It is based on the Maine Code of Election us who value the dignity of every individual Jackson, South Carolina. While serving his Conduct, which was developed in 1995 at the and cherish the diversity of our great nation. country in the military, Tom had the oppor- Margaret Chase Smith Library in Skowhegan, Vernon Cox was a true hero. tunity to represent South Carolina at the 1972 Maine with the assistance of the Institute for f Republican National Convention in Miami. Global Ethics. In the past three elections, most Tom has not only had an exceptional career TRIBUTE TO STANLEY L. DODSON Maine candidates for Congress and Governor in the Armed Services, but he’s also been have signed a Code, pledging to conduct highly active in his community. After obtaining ‘‘honest, fair, respectful, responsible and com- HON. SCOTT McINNIS the rank of Major, he returned to Colorado and passionate’’ campaigns. The Code has worked OF COLORADO set up a private dental practice in Pueblo. well, and Maine voters have benefited from IN THE HOUSE OF REPRESENTATIVES Later, he started a longhorn ranch just up the generally positive issue-based campaigns. Wednesday, March 7, 2001 road from Pueblo in Beulah. In Colorado, Tom Maine’s voter participation rates consistently remained active in the Republican Party, Mr. MCINNIS. Mr. Speaker, I would like to have been among the highest in the nation. take a moment to recognize a remarkable cit- where he became precinct chairman for the Similar Codes have been used in other izen, Stanley L. Dodson, for his continued Republican Party in Beulah. Tom has contin- states, including Washington and Ohio. My dedication to the people of Colorado. Stanley ued to be a prominent force in the Republican legislation would make the Code available to is being honored by Glenwood Chamber Re- Party ever since, working on numerous Re- candidates nationwide and would require the sort as their 2001 Citizen of the Year. Stanley publican campaigns and holding an array of Clerk of the House and the Secretary of the has had a long and distinguished career and positions. He’s been the Chairman of the 3rd Senate to make public the names of can- it is obvious why he is receiving this honor. Congressional District several times, as well didates who have agreed to the Code. The Stanley’s contributions to the citizens of Colo- as Vice Chairman, Treasurer and a member of Code of Election Ethics will serve as a re- rado are great in number and deserve the rec- the State Executive Committee. He was elect- minder to candidates, and provide the public ognition of Congress. ed Chairman of the Pueblo County GOP with a yardstick by which to measure can- Stanley is a great role model and an out- where he’s served with great distinction the didates’ performance. last 10 years. Something must be done to enhance peo- standing citizen. Stanley has not only had an When Tom began as Chairman of Pueblo ple’s confidence in government and faith in exceptional career in the engineering field, but County, the party was troubled with debt and our democracy. I believe this bill is a step in he’s also been highly active in his community. facing a countywide Democratic advantage of the right direction, and I hope that many of Stanley started his career after graduating 3.5 to 1. Under Thomas’ tutelage, the Party you will add your support to this effort to im- from the University of Colorado at Boulder has brought its fiscal house in order and 3 of prove the quality of congressional campaigns. with a degree in Civil Engineering and Busi- 5 Representatives in the area are currently ness Administration in 1941. During his col- Republican. The success of the GOP is in no f lege years, Stanley became the formidable small way attributable to Tom’s hard work. TRIBUTE TO VERNON COX leader that has won him recognition today. In July of 2000, Governor Bill Owens ap- Stanley has always had the gift of leadership, pointed Tom to the Colorado State Parks HON. LYNN C. WOOLSEY from his time as senior class high school Board. In addition, Tom currently serves as OF CALIFORNIA president and valedictorian to president of the the campaign Treasurer for my friend U.S. IN THE HOUSE OF REPRESENTATIVES PI Kappa fraternity to holding numerous board Senator BEN NIGHTHORSE CAMPBELL. positions. For all these reasons, and many more, Tom Wednesday, March 7, 2001 Most significantly, Stanley also served his deserves the commendation of this body. It is Ms. WOOLSEY. Mr. Speaker, I rise today to country during World War II. In 1942, he was with this, Mr. Speaker, that I say thank you to pay tribute to Vernon Cox. Mr. Cox was born commissioned as an officer in the United

∑ 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 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.000 pfrm02 PsN: E07PT1 E294 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 States Naval Reserves, where he was able to made her home a special place for children. particular. It’s great to be assuming the further his education in engineering at numer- Not only did she teach Spanish gratis to the chairmanship of the House Science Com- ous training schools. After serving his country students at Holy Trinity Elementary School, mittee as NIST is celebrating its centenary because the existence of NIST is concrete with distinction, Stanley focused his energies she also taught the neighborhood kids how to proof that Congress can get some things and efforts on working for the Colorado State swim, go Christmas caroling and even put on right when it comes to science and tech- Highway Commission. Appointed by Governor musical shows. nology policy. Love in 1965, he later became Chairman of She has been a steadfast and dear com- Establishing NIST was one the very first the Commission in 1973. During his career, he panion to her ever-growing circle of close and one of the most important actions Con- was a model of service, focusing his time and friends. As an active member of Holy Trinity gress took at the dawn of the 20th Century— personal resources on the betterment of his Church and its affiliated school in Avon, Ohio, a century that was to see technology and state and community. Vera has contributed much more than even standardization change our world as never before. And we are still reaping the rewards Stanley is a pillar of the Glenwood Springs the 20 years of playground duty would indi- of that foresight as we begin the 21st Cen- community. His accomplished career address- cate. Despite the many changes and the enor- tury. ing the transportation issues of the State of mous growth in Westlake and Avon as sub- I have to note, though, that while NIST is Colorado over the past 55 years has earned urbs, one of the constants has been the sense richly deserving of tonight’s gala; the fes- him the honor Citizen of the Year. Beyond his of community that results when people like tivities are a little out of character for important work in the transportation sector, Vera live there. Always quick to share a smile NIST, which from the start has gone about Stanley is also being honored for his great or kind words, Vera Gillis has helped to bring its business in an unassuming, even incon- spicuous way. Even the law that created the work on various local causes. Stanley has her community together. laboratory didn’t have a name—it was won numerous awards acknowledging his One of Vera Gillis’ most notable achieve- known by the rather plain and workaday commitment to the community. In 1991, the ments has been her dedication to teaching designation, ‘‘the Act of March 3, 1901’’—a Alumni Association of the University of Colo- English as a Second Language and American date that has lived in neither infamy nor rado at Boulder gave Stanley the ‘‘Alumni Citizenship classes. Her never-ending pa- fame, a date that no schoolchild has been Recognition Award.’’ In that same year, the tience and enjoyment in bringing people from forced to memorize. Glenwood Springs Chamber Resort Associa- such diverse countries as Denmark, Poland, Given NIST’s ‘‘nose-to-the-grindstone’’ work ethic, its stream of consistent produc- tion honored him with its first ‘‘Lifetime and Japan together is truly remarkable. Rather tivity without fanfare, its focus on the essen- Achievement Award’’. For all these reasons, than just instructing people in the English lan- tial but largely invisible foundations of mod- and many more, Stanley deserves the com- guage or American history, she shows people ern technology, one might think that a good mendation of this body. how to be neighbors, friends, and citizens. I title for a history of NIST’s first century It is with this, Mr. Speaker, that I say thank would like to thank Vera for her commitment would be ‘‘One Hundred Years of Solitude.’’ you to Stanley for his dedication and service and service to the people of the State of Ohio. But how extraordinarily misleading that to his community over the years and congratu- My fellow colleagues, please join me in wish- would be—because the actual secret of late him on an outstanding career and on this ing Vera Gillis a very happy 70th birthday. NIST’s success has been its ‘‘partnerships’’— partnerships with the private sector, part- distinguished honor. He has worked hard for f nerships with other federal agencies and lab- our community and for our great state. He is 100 YEARS OF ACCOMPLISHMENT— oratories, partnerships with state and local clearly deserving of the honor of being named governments. NIST is well known to the peo- Citizen of the Year. A CELEBRATION OF THE NA- ple who keep our economy healthy, and it’s Stanley, we are all very proud of you and TIONAL INSTITUTE OF STAND- NIST’s ability to work with just about any- grateful for your service. ARDS AND TECHNOLOGY’S 100TH body that has kept it fresh, vital and valu- BIRTHDAY able—as fundamental a key to American f prosperity as it was the day it was created. IN HONOR OF VERA GILLIS NIST is a worthy and needed partner be- HON. SHERWOOD L. BOEHLERT cause its mission is problem-solving. NIST OF NEW YORK was established to help bring rationality to HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES the profusion of standards that were afflict- OF OHIO ing the United States at the turn of the last Wednesday, March 7, 2001 IN THE HOUSE OF REPRESENTATIVES century—a profusion that could have tragic Mr. BOEHLERT. Mr. Speaker, last night I consequences when, for example, major fires Wednesday, March 7, 2001 had the honor to participate in the celebration could not be extinguished because of varying Mr. KUCINICH. Mr. Speaker, I rise today to of the 100th birthday of the National Institute standards for hoses and hydrants. And that recognize a woman from my home State of of Standards and Technology (NIST). As I problem-solving ethos has been maintained Ohio who in many ways exemplifies the quali- to this very day—whether NIST is probing noted in my remarks at the event, NIST was abstruse questions about the molecular ties of our greatest citizens. On March 11, one of the very first and one of the most im- structure of ceramics, or helping to ensure Vera Gillis will celebrate her 70th birthday. portant actions Congress took at the beginning the security of our computers, or providing Throughout her life, Vera Gillis has served as of the 20th Century. guidance to a small manufacturer on how to an example of how hard work can touch the NIST was established to help bring ration- update his operations through the Manufac- lives of others. ality to the profusion of standards that were turing Extension Program. To say Vera Gillis is still going strong would plaguing this country at the turn of the last And we also still draw on NIST’s expertise be an understatement. This year, Vera will run century. As to its future, it could be anything to solve problems that are endemic to the her church’s rummage sale and tutor numer- economy as a whole—with the Advanced from looking at the molecular structure of ce- Technology Program, for example, which has ous students from overseas. Vera Gillis also ramics or the security of our computers or helped a wide variety of companies pass exemplifies compassion as she brings the Eu- guidance to a small manufacturer on how to through the so-called ‘‘valley of death’’ that charist to those who aren’t able to attend update operations. We are indebted to NIST can prevent good research ideas from becom- Mass every week. This year, she will welcome for what it has done in the past as I am sure ing good processes or products. home her children who will come from as far we will be for what It provides us in the future. But tonight’s focus is not on the past—al- away as Maine, Massachusetts, California, Mr. Speaker, I doubt that very many people though NIST’s record accomplishment pro- Florida, Washington, D.C. and Belgium to cel- vides plenty of cause for celebration. We’re are aware of NIST, its history and its impor- really here to make a downpayment on the ebrate her birthday. tance to the nation. Since I touched on many future by showing all the current and former Throughout her life, Vera has consistently of these points in my address last night, I in- directors and staff at NIST how grateful we worked to make day-to-day life more meaning- sert the full text of my remarks for the informa- are for their dedication, their imagination ful and enriching by bringing people together tion of my colleagues at this point in the and their insight. Working steadily and with her overwhelming enthusiasm and won- RECORD. fruitfully outside the limelight, they have derful sense of humor. She has served as the enabled our nation’s reputation for techno- STATEMENT ON NIST ANNIVERSARY, MARCH 6, unofficial neighborhood ambassador since the logical progress to shine. 2001 Now it’s hard to know what the technology early 1960s when her growing family moved to It’s a delight and a privilege to join with of tomorrow will look like. History is lit- Westlake. Vera made sure everyone knew you this evening to celebrate the 100th birth- tered with embarrassingly misguided pre- each other, even if it was just getting together day of the National Institute of Standards dictions—a few of them even uttered in hear- at her house for an annual Christmas party. and Technology. And I have to say that the ings before the House Science Committee. Now a grandmother of six, Vera has always timing of this event is auspicious for me, in But I think it’s safe to say that, whatever

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.004 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E295 the technology of the future is, NIST will Our thoughts and prayers are with his wife, care providers declined in fiscal year (FY) have played a role in its creation, enhance- Carolyn, and his children, Mark, Stacey, and 2000 to an estimated level of 6.8 percent. This ment or propagation. Kelli, during this difficult time. Like these loved level compares with an error rate of approxi- So I want again to thank everyone who has ones, western Colorado will miss Frank great- mately 8 percent in FY 1999. The error rate made NIST a success and to pledge to all of you that I will do my best to ensure that ly. has fallen by roughly half since it was first es- NIST continues to set the standard for what f timated at approximately 14 percent in FY a federal lab should be. 1996. VILLAGE OF PINECREST CELE- The FY 2000 payment error rate represents f BRATES FIFTH ANNIVERSARY improper payments of $11.9 billion out of total TRIBUTE TO FRANK R. OF INCORPORATION INTO MIAMI- payments of $173.6 billion in the traditional MASCARENAS DADE COUNTY fee-for-service Medicare program. This im- proper payment amount compares with im- HON. SCOTT McINNIS HON. ILEANA ROS-LEHTINEN proper payments of $13.5 billion in FY 1999 and $23.2 billion in FY 1996. OF COLORADO OF FLORIDA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES The Health Care Financing Administration (HCFA) met its target for reducing the Medi- Wednesday, March 7, 2001 Wednesday, March 7, 2001 care error rate to 7 percent in FY 2000 and Mr. MCINNIS. Mr. Speaker, it is with great Ms. ROS-LEHTINEN. Mr. Speaker, this year continues to take steps to meet its FY 2002 sadness that I now honor an extraordinary marks the fifth anniversary of the incorporation goal of 5 percent. human being and great American Frank R. of the Village of Pinecrest, of which I am a Mr. Speaker, this continued decline in the Mascarenas. Mr. Mascarenas was loved and proud resident, as the County of Miami-Dade’s Medicare error rate demonstrates the success admired by many. He was an educator, an ac- twenty-ninth municipality. It is with great pleas- of all the actions that HCFA has taken to re- tive force in the life of youth in his community, ure that I congratulate Mayor Evelyn Langlieb duce billing errors in Medicare over the past and first and foremost, a loving family man. Greer, the Village Council, and all the resi- five years. According to the Inspector General, Sadly, Frank died on January 25 surrounded dents of Pinecrest on five productive and suc- the significant, sustained improvement reflects by friends and family. As family, friends, and cessful years as part of one of the nation’s HCFA’s improved oversight, its efforts to clar- former students mount this loss, I would like to largest counties. ify Medicare payment policies, and its insist- honor this great man. Mayor Langlieb Greer’s leadership and that ence that doctors and health care providers Mr. Mascarenas was an individual that of the Council has certainly been instrumental fully document the services that they provide. served his country, state, and national well. in making the Village of Pinecrest one of the Other factors have been new initiatives and For most of his life, Frank worked as an edu- best and most rewarding places to live in resources to prevent, detect and eliminate er- cator, Frank began his teaching career in South Florida. Its schools, some of the best in rors and fraud in Medicare. 1959 in Cortez, CO, after having served his the County, its parks and recreational areas, Mr. Speaker, many criticized HCFA when country for eight years in the U.S. Army. In and its convenient location make Pinecrest the payment error rate was 14 percent and addition to being an outstanding teacher one of the most desirable residential areas in demanded that HCFA reduce it. throughout the course of his career, Frank Miami. My family and I are honored to call this Now many criticize HCFA for the actions it was also dedicated to sports and to coaching. community home and I commend the Mayor has taken to reduce payment errors and for in- He began coaching in Cortez at the same time and the Council for working so hard to ensure sisting that providers file claims accurately. I he began his teaching tenure. As an educator that it remains one of the best places to live. say that we should praise HCFA for its efforts and a coach, he helped to improve the quality The residents of Pinecrest should also be to reduce Medicare payment errors, and we of life in his community. proud to have Village Manager Peter should ensure that HCFA does not diminish its Frank grew up in Montrose, CO, where he Lombardi, Assistant Village Manager Yocelyn efforts to reduce those errors still further. We was well known and widely admired. He was Galiano Gomez, and their staff working to en- should not be satisfied with payment errors in raised by his grandmother, Manuela Lovato, sure that the Village policies and laws are Medicare. and Aunt, Cecilia Trujillo. He graduated from smoothly implemented and administered. To achieve further reductions in Medicare Montrose High School and then earned his Without their dedicated service and that of Po- bachelors of arts degree in education after at- payment errors, we must reduce the com- lice Chief John Hohensee, Operations Man- plexity of Medicare payment rules and improve tending Ft. Lewis College and Adam State ager Michael Liotti, and all of Pinecrest’s po- Colleges. Frank married his life partner and provider education and information, but we lice officers, truly our Village’s finest Pinecrest must continue to insist on accuracy in claims beautiful wife Carolyn Leech in the summer of would not be the safe and wonderful place 1958. Frank and Carolyn have three chil- filing. We must increase the resources avail- that it is. able to HCFA to help providers file their claims dren—a son Mark, and daughters Stacey and The sense of community and hometown at- Kelli. properly and to monitor claims to ensure cor- mosphere is enhanced and complemented by rectness. We must also provide the resources After teaching and coaching in Cortez until the many benefits of the surrounding greater 1981, he took his talents to Rangely where he to upgrade HCFA’s claims processing systems Miami area. I have lived in Pinecrest for many and other information technology systems, again had a dramatic impact on the commu- years and never cease to marvel at the beauty nity’s youth. In 1991, Frank joined the ranks of without which we cannot hope to continue to and comfort of this area. reduce errors in Medicare payments. Palisade High School where he had a famed I ask my Congressional colleagues to join It is important to understand that the error coaching tenure. While at Palisade, Frank was me in congratulating the Village of Pinecrest rate does not measure the level of fraud in an integral part of a remarkable run that and wishing much continued success to: Vice Medicare, although some errors could be the brought Palisade four consecutive state cham- Mayor Cindie Blanck, and Councilmen Barry result of fraud. Instead, the error rate meas- pionships. This historic championship run was Blaxberg, Leslie Bowe, and Robert Hingston. fitting punctuation for Frank’s successful ca- ures the percentage of payments made by reer as a coach and educator. Like those f Medicare that were not supported by docu- mentation by providers or that otherwise did great Palisade football teams, Frank was a DROP IN MEDICARE IMPROPER not meet Medicare payment requirements. champion in the truest meaning of the word. PAYMENTS More than just winning football games, though, According to the Inspector General, virtually Frank helped instill lifeshaping virtues in both all of the claims examined in the audit were his players and students alike. HON. FORTNEY PETE STARK paid correctly by Medicare based on the infor- Mr. Speaker and fellow colleagues, as you OF CALIFORNIA mation that providers submitted in the claims. can see, this extraordinary human being truly IN THE HOUSE OF REPRESENTATIVES The error rate was calculated by examining a deserves our gratitude for his service to our statistically valid sample of Medicare claims, Wednesday, March 7, 2001 community. Frank R. Mascarenas may be and auditors reviewed the medical records gone, but his legacy will long endure in the Mr. STARK. Mr. Speaker, yesterday the De- supporting the claims with the assistance of minds of those who were fortunate enough to partment of Health and Human Services medical experts. The sample findings were know him. Colorado is a better place because (HHS) reported that improper Medicare pay- then projected over the universe of Medicare of Frank Mascarenas. ments to doctors, hospitals and other health fee-for-service benefit payments.

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.007 pfrm02 PsN: E07PT1 E296 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 TRIBUTE TO JIMMIE WILLIAM many volunteer positions. He served as Fre- act as teachers, counselors and role models, LLOYD mont County Chairman in 1999–2000, was helping to shape children into responsible, at- elected to the Florence City Council, and was tentive, caring adults. HON. SCOTT McINNIS named to the Limited Gaming Advisory and What further sets apart Camp Ramah in the OF COLORADO Airport Advisory Committees. He’s been a Berkshires from other summer camps are the IN THE HOUSE OF REPRESENTATIVES member of the Retired Officers Association, a Jewish values that pervade the entire camp member of the Numismatic Association, a experience. Campers have 45-minute periods Wednesday, March 7, 2001 member of Safari Club International, as well dedicated to Judaic Studies 5 days a week Mr. MCINNIS. Mr. Speaker, I would like to as an avid sportsman. and also undertake week-long projects in He- take this moment to recognize an outstanding Throughout his life Jimmie has devoted him- brew. Campers join together for Shabbat citizen and a remarkable leader, Jimmie Wil- self to the cause of his country. Of all the meals and services, improve their under- liam Lloyd, the now former Chairman of the many accolades that Jimmie has commanded, standing of the Hebrew language, and learn Republican Party in Fremont, Colorado. Dur- the one he is most proud of is standing in the how to prepare traditional Jewish meals. ing his tenure, Jimmie took the GOP to new Oval Office with his 92 year old father, his Although a child may leave Camp Ramah in heights. Despite being diagnosed with cancer three sons, and the Honorable JOEL HEFLEY, the Berkshires after just a few weeks, the in 2000, Jimmie never lost his focus and was where he presented a silver boot jacket to camp experience never leaves the child. By able to complete his term as Chairman. As President Ronald Reagan. the end of the summer campers have forged Chairman, Jimmie led the party to election vic- As Jimmie moves on to new pursuits, Mr. new friendships, pushed their limits and return tory in every local office, with the largest voter Speaker, I would like to thank him for his re- home more confident, more knowledgeable turnout in recent history. For his service to the markable work. In my opinion, Jimmie will long and stronger in their faith. party and the American people, I would now be remembered as a servant for both the Re- I wish Camp Ramah in the Berkshires con- like to pay tribute to this great American. publican Party and for his Country. For this tinued success and am confident that the fu- Jimmie was born on November 23, 1930 in service, America is deeply proud and forever ture holds nothing but excellence for the insti- Poland, Ohio. His family later moved to Tulsa, grateful. tution and its community. Oklahoma in 1932. Oklahoma remained his f f home while he pursued his education, culmi- nating at the University of Tulsa where he PERSONAL EXPLANATION TRIBUTE TO JOHN P. SHEELAN earned a bachelors degree. Jimmie continued his education while serving his country in the HON. JOHN ELIAS BALDACCI HON. SCOTT McINNIS United States Air Force. He graduated from OF MAINE OF COLORADO the Aviation Cadet Basic Navigator School in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Houston, Texas in 1953. He later earned the rank of Second Lieutenant in the United Wednesday, March 7, 2001 Wednesday, March 7, 2001 States Air Force Reserves. Jimmie’s distin- Mr. BALDACCI. Mr. Speaker, due to the Mr. MCINNIS. Mr. Speaker, it is with great guished service to his country continued while blizzard in New England, I was unavoidably sadness that I now honor an extraordinary serving eight years on active duty, two of detained in my District and unable to get back human being and great American, Captain which were as a Navigator Bombardier on B– to Washington yesterday to vote on rollcall John P. Sheelan of the Pueblo police force. 36’s, and three years as a Pilot on KC–97s. votes 26 and 27. Had I been present, I would Mr. Sheelan was described as one of the Altogether, Jimmie served his country faithfully have voted ‘‘yea’’ on each vote, and I ask that ‘‘best-liked officers on the force’’ who dem- for twenty two years in both the Air Force Re- my statement appear in the RECORD at the ap- onstrated both remarkable valor and compas- serves and the Air National Guard, piloting ev- propriate point. sion everyday. ‘‘He was pretty well-liked com- erything from C–119’s to F–100’s. f munity wide, he had that kind of personality. I Jimmie used the practical knowledge he don’t know anyone who didn’t like John,’’ said gained in the Air Force to educate future gen- IN HONOR OF CAMP RAMAH IN by police Chief Ron Gravatt in a recent Pueblo erations about aerospace science and flying. THE BERKSHIRES Chieftain article. Sadly, John died in February He established an Aerospace Science pro- in a motorcycle accident. As family, friends, gram in the Tulsa Public High Schools. In ad- HON. JERROLD NADLER and colleagues mourn this profound loss, I dition, he commanded a Cadet Civil Air Patrol OF NEW YORK would like to honor this truly great American. Squadron, and he has instructed high school IN THE HOUSE OF REPRESENTATIVES Mr. Sheelan was an individual that served students on flying Cessna O–2 Bird Dogs and his country, state and nation well. John was Wednesday, March 7, 2001 Piper PA–18 Supercubs. Jimmie and his fam- never too far from the outdoors, something ily moved to Florence, Colorado in 1983, Mr. NADLER. Mr. Speaker, I rise today to that he loved. He was an avid weightlifter, but where he later retired from the United States pay tribute to Camp Ramah in the Berkshires. his true passion was his motorcycle. Trag- Air Force Reserves in 1990. While faithfully For over 35 years, this prestigious institution ically, John’s life was cut short while embark- serving his country for 22 years, he has has provided hundreds of children in the New ing on the activity that he loved. earned numerous awards and commenda- York and New Jersey area with the oppor- John was a long time Pueblo resident who tions. He has received the Distinguished Serv- tunity to explore their creative, academic, ath- was well known and widely admired. ‘‘John ice Medal, Outstanding Unit Medal with Oak letic and spiritual nature in a nurturing and loved kids. On the beat, he liked to stop and Leaf Cluster, Good Conduct Medal, National motivating atmosphere. talk to the kids,’’ recalls Captain John Barger Defense Medal with Star, Vietnam Service Located on beautiful Lake Ellis, Camp about his close friend. John has served his Medal, U.S.A.F. Longevity Medal with Oak Ramah in the Berkshires combines edu- community for over three decades. As a police Leaf Cluster, Reserve Longevity Medal, Okla- cational and recreational activities that leave a officer, he was dedicated to protecting the homa Distinguished Service Medal, Oklahoma lasting impression on its campers, reminding people of Pueblo, and as a community mem- Outstanding Service Medal, and Cold War them long after their camp session ends to ber he was committed to the betterment of so- Certificate of Recognition. strive for the best in every aspect of their ciety. John held numerous positions at the de- Jimmie has a supportive family that has fol- lives. partment, where he spent about 15 years as lowed his lead in serving our great country. All There are not many places where a child a detective investigating many of the depart- three of his sons have served in the United can windsurf, take a computer class, learn ments highest profile cases. John was a highly States Armed Services—one in the Air Force, how to develop pictures and act in his or her skilled member of his profession. one in the Navy, and one is a graduate of the own play all in the same day. But at Camp Mr. Speaker and fellow colleagues, as you United Air Force Academy. Behind all of these Ramah in the Berkshires, it happens every can see, this extraordinary human being truly accomplished men is one remarkable woman, day. Taking advantage of their surroundings, deserves our timeless gratitude for his service. Myrna Faye Pugh. Jimmie and Myrna have campers go on overnight hikes, rock climbing John P. Sheehan may be gone, but his legacy been married for 46 years. excursions, and sailing trips while also learn- will long endure in the minds of those who In addition to being an outstanding family ing about the very environment they are enjoy- were fortunate enough to know him. Colorado man and serving with great distinction in the ing. Classes on photography, woodworking, is a better place because of John Sheelan. U.S.A.F., Jimmie has been active in the Re- drama, music and dance serve as a creative The nation’s thoughts and prayers are with publican Party for over fifty years, serving in stimulus. The experienced and dedicated staff his wife, Pamela, and his children, Lori, Kelli,

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.011 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E297 Clay and Brock, and his colleagues at the sick and injured for treatment. They accepted ciple that he carried with him throughout his Pueblo Police Department. Like these loved patients at all hours of the day and night, 97 years. His selfless devotion to his commu- ones, the Pueblo community and the State of sometimes turning their home into a makeshift nity, his patients and his family has left an in- Colorado will miss John greatly. emergency room. No patient was ever turned delible legacy for the people of Kentucky and f away. the Nation. Dr. Roberts grew up amid his large family in We mourn the passing of this fine physician TRIBUTE TO HAL SHOUP rural Wayne County in frontier-like sur- and community leader, whose life serves as roundings, beginning in a log house. This an example for future generations of Kentuck- HON. MICHAEL G. OXLEY Member was born at home only two or three ians and Americans to follow. OF OHIO miles from the same place. The Roberts and f Rogers families have been close all the while. IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE GENEROSITY I especially remember Dr. Roberts’ father, Wednesday, March 7, 2001 OF A LIVING ORGAN DONOR Rhodes Roberts, presiding over the Sunday Mr. OXLEY. Mr. Speaker, Hal Shoup, one of School classes in the small, weatherboard, the key leaders in the advertising industry, a rural Elk Spring Valley Baptist Church, from HON. KEN LUCAS man who is both a professional colleague and my earliest memories. A much younger Dr. OF KENTUCKY good friend of mine, is retiring and moving to Mack Roberts would be quietly participating in IN THE HOUSE OF REPRESENTATIVES his mountain top home in Marshall, Virginia. the church activities. Later, my father, O.D. Wednesday, March 7, 2001 Hal is not actually a native of my home Rogers, assisted Dr. Roberts and others in Mr. LUCAS of Kentucky. Mr. Speaker, I rise state of Ohio. He spent the first few years of raising the money to construct the new (and before you today to recognize Lisa Cooney of his life in Michigan, but spent much of his pro- present) home for the church. Park Hills, Kentucky. On January 11th of this fessional career as the head of one of the Dr. Mack Roberts earned a degree from year, Lisa generously donated one of her kid- largest advertising agencies in Cleveland, Cumberland College in 1926 and his medical neys to Andy Thelen, a resident of Lakeside Ohio. As president of Liggett-Stashower, he degree in 1932 from the University of Louis- Park, Kentucky. played a major part in the rejuvenation of ville College of Medicine. He came home to Andy was born twenty-eight years ago with downtown Cleveland and was involved is the Wayne County to serve as county health offi- one polycystic kidney and one under- social and cultural rebirth of the area. cer, where the job of vaccinating children developed kidney. At the time, the doctor told When he moved to Washington in 1989 as against common diseases became a personal his parents he wouldn’t live more than a Executive Vice President of the AAAA’s office, crusade. He opened his private practice in month. Andy defied the odds from day one re- he brought with him the same reputation for Monticello in 1939. ceiving a kidney transplant at eighteen months integrity and humor that made him such a He once told an interviewer that the most from another eighteen-month-old baby in Cali- leader in Cleveland. I should add, he also important medical instrument he could imagine fornia who had died in an accident. That kid- brought with him the same very effective golf was his Jeep, which he used to make house ney allowed him to lead a relatively normal life game. calls to patients across the region’s most re- for twenty-six years. But when that kidney Hal has been an insightful and thoughtful in- mote areas. He would take the Jeep as far as began to fail, Andy and his family embarked dustry spokesman and a highly respected rep- the road would take him, then sometimes on a race against time to find another kidney resentative of the advertising agency busi- climb atop a mule or a horse to travel the rest donor. ness. I would like to extend to Hal Shoup of the way. Everyone in Andy’s family was tested, but warm congratulations on his retirement. But there was a time when these house no one was a suitable donor. As Andy’s name f calls took on an element of danger. During his languished on a transplant list for a year and years as a county health officer, he remem- a half, his mother summed up her despair A TRIBUTE TO DR. MACK ROB- bered that he would sometimes travel with an when she said, ‘‘How do you turn to some- ERTS OF WAYNE COUNTY, KEN- escort because some folks who saw him com- body else and say, ‘Will you give up part of TUCKY ing down the road thought he might have yourself and your life for my son?’’’ been a Federal agent looking for moonshine And then one day two years ago, Andy met HON. HAROLD ROGERS whiskey stills. Lisa Cooney through his sister-in-law. After OF KENTUCKY Over the years, ‘‘Doc’’ Roberts delivered they met, Lisa felt compelled to get tested to IN THE HOUSE OF REPRESENTATIVES 4,250 babies—about 90 percent of them deliv- see if she might be a suitable donor—and mi- ered in the patients’ home. For his work, he raculously, she was. Two months after their Wednesday, March 7, 2001 charged what the patient could afford, and surgery, I am pleased to say that both Lisa Mr. ROGERS of Kentucky. Mr. Speaker, I sometimes that meant no payment at all. ‘‘One Cooney and Andy Thelen are doing well. Andy use this extraordinary means to sadly inform time I delivered a baby and the man offered returned to work on March 5th and reports the House of the passing of a great American, me two gallons of moonshine,’’ he has been that he is feeling great. a patriarch of Wayne County, Kentucky, and a quoted as saying. ‘‘I’m sorry now I didn’t take As a news anchor for WLWT Eyewitness family friend. it.’’ News 5 in Cincinnati, Lisa has a unique op- Mr. Speaker, long after other doctors had His career has been fondly remembered in portunity to raise the public’s awareness of the stopped making house calls, Dr. Mack Roberts two books chronicling his life. One book, enti- urgent need for organ donors. In addition, Lisa kept making his rounds. While other doctors tled ‘‘Doc’’, was written by his great-nephew, and Andy’s experience serves to highlight the were delivering babies in hospital rooms and the Rev. Howard W. Roberts, and published in advances in transplant technology that en- administering vaccinations in sparkling new 1987. Another book, written by his wife, Alma, abled Andy to receive a kidney from a living clinics, this humble man, known to his patients was recently published under the title ‘‘House donor. simply as ‘‘Doc’’, took his skills to the dusty Calls: Memoirs of Life with a Kentucky Doc- I rise today to commend Lisa Cooney. Her roads in one of the most rural areas of the Na- tor.’’ As recently as last fall, ‘‘Doc’’ and Alma courage and compassion should serve as an tion—a four-county region of southeastern Roberts made public appearances to sign the inspiration to us all. I ask my colleagues to Kentucky. memoir. join me in wishing both Lisa Cooney and Andy A beloved physician, Dr. Mack Roberts, of Dr. Roberts retired from his practice on July Thelen a long and healthy life. Monticello, Kentucky, died Monday at St. Jo- 1, 1993, just before his 90th birthday. Since f seph’s Hospital in Lexington, Kentucky, at the that time he has served as a director of the INTRODUCTION OF H.R. 911, A BILL age of 97. Monticello Banking Company. His wife; three TO AWARD THE CONGRESSIONAL Dr. Roberts provided medical care to pa- daughters, Helen Dreese of Flint, Michigan, GOLD MEDAL TO JOHN WALSH tients throughout Kentucky’s Wayne, Pulaski, Ann Looney of Paris, Tennessee, and Marilyn Clinton and McCreary counties for 61 years, Drake of Monticello; a brother; a sister; four HON. JAMES A. BARCIA going to remote hills and hollows to deliver ba- grandchildren and two great-grandchildren sur- OF MICHIGAN bies, provide vaccinations, and care for gen- vive him. IN THE HOUSE OF REPRESENTATIVES erations of family members. When there was Mr. Speaker, Dr. Mack Roberts had fre- no hospital at all in Wayne County, Dr. Rob- quently said that he was put on this Earth for Wednesday, March 7, 2001 erts and his wife, Alma Dolen Roberts, opened a reason: to serve the Lord and to serve his Mr. BARCIA. Mr. Speaker, I am proud to their home on Main Street in Monticello to the fellow man. It was a basic and abiding prin- rise today to introduce, along with 17 of my

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.014 pfrm02 PsN: E07PT1 E298 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 colleagues, a bill that will recognize John DR. SHAWN CASEY RECEIVES 12TH CHRISTIAN PRIESTS ABDUCTED Walsh, a true American hero, for his efforts in SWINGLE AWARD AND BEATEN IN INDIA fighting crime, reuniting families, and bringing criminals to justice. HON. PAUL E. KANJORSKI In February of 1988, ‘‘America’s Most Want- OF PENNSYLVANIA HON. DAN BURTON ed’’ premiered on seven local television sta- IN THE HOUSE OF REPRESENTATIVES OF INDIANA tions across the United States. Since then, the Wednesday, March 7, 2001 IN THE HOUSE OF REPRESENTATIVES show has profiled more than 1,500 fugitives, leading to the capture of over 1,000 of them. Mr. KANJORSKI. Mr. Speaker, I rise today Wednesday, March 7, 2001 His weekly profiles of missing children on to pay tribute to Dr. Shawn M.J. Casey, who ‘‘America’s Most Wanted’’ have led to the re- will be honored with this year’s W. Francis Mr. BURTON of Indiana. Mr. Speaker, I was union of thirty missing children and their fami- Swingle Award by the Greater Pittston Friend- distressed to recently hear that two priests lies. ly Sons of St. Patrick on March 17. were abducted and beaten in India. On Janu- Leading this aggressive attack on crime has Frank Swingle was a well-known and re- ary 4, according to a report in India-West, the been John Walsh, a man who has taken his spected figure in academia, in many charitable priests, known as Simon and David, were ab- own personal tragedy—the abduction and and fraternal organizations and in the arena of ducted from the village of Zer in Rajasthan murder of his six-year-old son Adam—and public oratory. Dr. Casey will be the twelfth re- and taken to the neighboring state of Gujarat, used it as the inspiration to rededicate his life cipient of this award, which is given each year where they were beaten. to helping children and to making America a to the individual who best honors the memory Unfortunately, this is just the latest in a se- safer place. of the late Professor Swingle by his career, ries of attacks on Christians in the so-called When six of the seven recent Texas prison communal and personal achievements. ‘‘world’s largest democracy’’ which has been escapees were apprehended (with the seventh Dr. Casey was born and raised in Pittston going on since Christmas of 1998. It follows committing suicide before being caught) in the Township, graduated from Wyoming Area the murders of other priests, the rape of nuns, foothills of the Rocky Mountains this past Jan- High School in 1987, and received his bach- church burnings, attacks on Christian schools uary, authorities were as quick to give credit elor’s of science degree in biology and chem- and prayer halls, the burning deaths of mis- as they were in making the capture. El Paso istry from Wilkes College in 1990. He served sionary Graham Staines and his two sons County (Colorado) Sheriff John Anderson as vice president of the student government at while they slept in their jeep by Hindu militants noted that a ‘‘couple who had become ac- the University of Pittsburgh School of Dental chanting ‘‘Victory to Hannuman (a Hindu quainted with some of the escapees saw a Medicine from 1990 to 1994 and earned his god),’’ and other incidents. segment on them on ‘America’s Most Wanted’ doctorate there in 1994. After one incident that involved the rape of on Saturday night and wondered whether their For the past six years, Dr. Casey has nuns, the VHP, which is part of the pro-Fascist new friends were some of the escapees.’’ The served the families of the area at his office in RSS (the parent organization of the ruling couple subsequently tipped off the authorities Pittston Township. During that time, he has BJP, hailed the rapists as ‘‘patriotic youth’’ and and the captures were made soon thereafter. also worked to promote good health in the denounced the nuns as ‘‘anti-national ele- The drama that played out was something area by presenting lectures on various dental ments.’’ BJP leaders have said openly that ev- that most of the people of Woodland Park, products and helping to establish the Colgate eryone who lives in India must either be Hindu Colorado had never seen before, but one that Smile of the Game at the Wilkes-Barre/Scran- or be subservient to Hinduism. It has even people who are familiar with ‘‘America’s Most ton Penguins home games. been reported that the RSS has published a His community involvement also extends to Wanted’’ and host John Walsh’s commitment booklet on how to implicate Christians and his service as past president of the Pittston to law enforcement have seen time and time other religious minorities, such as Sikhs and Township Lions Club, a member of the execu- again. And though best known for his work on Muslims, in false criminal cases. The Indian tive board of the Pittston Area Family Center, ‘‘America’s Most Wanted,’’ John Walsh’s work government has killed more than 200,000 a member of the Avoca Ancient Order of Hi- with law enforcement agencies throughout the Christians in Nagaland. This pattern of reli- bernians and a third-degree member of the nation is equally notable. In 1988 he was gious tyranny and terrorism is apparently what John F. Kennedy Knights of Columbus in named the U.S. Marshals ‘‘Man Of The Year,’’ India considers religious freedom. and two years later received the FBI’s highest Pittston. He is also a member of St. John the civilian award. He is the only private citizen to Evangelist Church in Pittston. It is not just Christians who have suffered receive a Special Recognition Award by a As a member of the Greater Pittston Friend- from this kind of persecution, of course, but it U.S. Attorney General. And he has been hon- ly Sons of St. Patrick, Dr. Casey was named seems to be their turn to be the featured vic- ored in the Rose Garden four times by three Grand Marshal in 1997 and in 1992 was a tims. Sikhs, Muslims, and others have also different presidents. John Walsh has sacrificed golden donor for the Jack Brennan Scholar- been persecuted at the hands of the Indian his personal safety for the safety and security ship Fund in memory of his father. government. Over 250,000 Sikhs have been of all Americans. Dr. Casey is the son of the late George T. murdered by the Indian government. Two In addition, his hard work aided the passage Casey and Suzanne Walker Malloy. His ma- independent investigations have shown that of the Missing Children Act of 1982 and the ternal grandparents are Anna Walker and the the massacre of 35 Sikhs in the village of Missing Children’s Assistance Act of 1984, the late Frank Walker, and his paternal grand- Chithi Singhpora was carried out by the Indian latter of which founded the National Center for parents are the late Marion Newcomb Casey government. The evidence also seems to Missing and Exploited Children. and the late Thomas Casey. show that the Indian government is respon- Mr. Speaker, John Walsh’s tireless efforts He currently resides in Hughestown with his sible for the recent massacre of Sikhs in have helped to raise a level of awareness of wife, the former Michele Wysokinski, and their Kashmir. In November, 3,200 Sikhs, who were crime and victims here in the United States, 3-year-old son, George. trying to get to Nankana Sahib in Pakistan on and I urge all of my colleagues to join me in Mr. Speaker, I am pleased to call to the at- a religious pilgrimage, were attacked by 6,000 supporting this legislation and commending tention of the House of Representatives the police with heavy sticks called lathis and tear John Walsh for his enduring contributions to good works of Dr. Shawn Casey and the gas. only 800 of these Sikhs made it to the law enforcement and the safety and well-being honor he will soon receive, and I wish him all celebration of the birthday of Guru Nanak. of our nation’s children. the best in his future endeavors. It is the BJP that destroyed the Babri f f mosque and still seek to build a Hindu temple on the site. Now BJP officials have been PERSONAL EXPLANATION PERSONAL EXPLANATION quoted as calling for the ‘‘Indianization’’ of Islam, according to Newsroom Online. The In- HON. WALTER B. JONES HON. MARK GREEN dian government has killed over 70,000 Mus- OF NORTH CAROLINA OF WISCONSIN lims in Kashmir since 1988. In addition, Dalits IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES (the ‘‘black untouchables’’), Tamils, Manipuris, Wednesday, March 7, 2001 Wednesday, March 7, 2001 Assamese, and others have seen tens of Mr. JONES of North Carolina. Mr. Speaker, Mr. GREEN of Wisconsin. Mr. Speaker, on thousands of their people killed at the hands on rollcall Nos. 26–27 I was unavoidably de- Rollcall No. 26, on H.R. 724, I was detained of the Indian government. tained. Had I been present, I would have in route to Washington by air traffic delays. Mr. Speaker, in light of this ongoing pattern voted ‘‘yea.’’ Had I been present, I would have voted ‘‘yea.’’ of state terrorism against the peoples living

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.018 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E299 within its borders, it is appropriate for America, that many adults cannot endure. Hundreds of tional Association of Workforce Development as the leader of the world, to do what we can thousands of young people’s immune systems Professionals. In 1994, she participated at the to protect these people and expand freedom are being placed in great risk of harm from Commission on Security and Cooperation in to every corner of the subcontinent. The best toxic fertilizers and pesticides. Europe’s Human Dimension Seminar in War- way to do this is to stop American aid to India Diane’s career began as an Information/ saw, Poland representing the interest of U.S. and to support self-determination for all the Education Specialist for North Carolina’s De- migrant workers and the non-governmental or- peoples and nations of the subcontinent. partment of Human Resources, Division of ganizations that serve them. In 1996, Diane Mr. Speaker, I insert into the RECORD an Mental Health, where she coordinated commu- was inducted into the National Farmworker India-West report regarding the beating of nity mental health, drug, and alcohol education Advocates Hall of Fame, and in June 1998, these two priests. I commend it to all my con- for mental health centers and hospitals. In she spoke at a briefing on child labor before gressional colleagues who care about human 1978, Diane began her efforts with farmworker the International Labor Organization (ILO) in rights. programs, taking a position as a Job Develop- Geneva, Switzerland. [From India-West, Jan. 12, 2001] ment Specialist for Telamon Corporation. Late In 1999, Diane founded the International Ini- in 1978, she became Program Coordinator for tiative to End Child Labor (IIECL), a non-profit TWO CHRISTIAN PRIESTS ABDUCTED AND BEATEN Telamon’s Georgia farmworker program, su- organization whose sole mission is to end the pervising seven field offices, and in late 1980 JAIPUR (Reuters)—Two Christian priests most exploitative forms of child labor in the were recovering in hospital Jan. 5 after being she was selected as Telamon’s State Director United States and around the world. In that abducted and beaten in a tribal village in for the West Virginia program. same year, through Diane’s voluntary efforts, western India, police said. Diane was appointed Executive Director of IIECL received three grants working in part- They said the priests, identified only as the Association of Farmworker Opportunity nership with AFL–CIO’s American Center for Simon and David, were abducted from Zer, a Programs (AFOP) in 1981. At AFOP, she International Labor Solidarity, the National village in Rajasthan’s Udaipur district, Jan. helped educate Members of Congress about Consumers League, and the International 4 and forcibly taken to the neighboring state the plight of the nation’s farmworkers, as well Labor Rights Fund. of Gujarat where they were beaten. as their employment and training needs. She Anand Shukla, an Udaipur police chief, Throughout her career, Diane has testified told Reuters the two abductors had been worked tirelessly to improve resources to help on numerous occasions before both the identified. One was a Zer villager and the the poorest of the poor. House and Senate, and submitted hundreds of other a resident of Gujarat. Seven years ago, Diane conceived and statements and testimony to the executive and The priests suffered minor injuries and helped establish AFOP’s AmeriCorps National legislative branches of the federal government were admitted to a hospital in Bijaynagar in Farmworker Environmental Education Program on behalf of farmworkers and farmworker or- Gujarat, Shukla said. which has provided pesticide safety training to ganizations. More recently, she addressed the No motive was given for the attack, but nearly 220,000 farmworkers in order to protect First International Symposium on Micro-Enter- Gujarat has in the past been the scene of vio- them from the dangers of toxic chemicals. The prise in Obregon, Mexico in 1999 addressing lent attacks on Christians, who make up program has also enhanced the work skills about two percent of India’s billion-strong child labor and youth employment issues. She population. Right-wing Hindu organizations and leadership abilities of more than 450 returned to Mexico in August 2000 to com- have been blamed for the attacks. AmeriCorps members—many of them young plete a country survey on child labor in agri- Hindu leaders deny the charge. They say people from farmworker families who have re- culture for the International Labor Rights Fund. forced religious conversions by Christian ceived over $1 million in education awards. In November, Diane left AFOP to take a missionaries are responsible for unrest in Diane Mull has been active on numerous new position at Creative Associates working tribal areas. boards, commissions, federal advisory com- with the United States Agency for International f mittees, and panels dealing with farmworker Development. She will oversee the develop- issues, including the National Child Labor Co- ment of innovative basic education programs A TRIBUTE TO LYNDA DIANE alition, the National Children’s Center on to prevent child labor around the world. Addi- MULL Childhood Agricultural Injury Prevention, the tionally, she will brief Congress and USAID on U.S. Department of Labor’s National Stake- international child labor developments, as well HON. TOM LANTOS holders Forum, and others. She has been as provide training and technical assistance OF CALIFORNIA named to four federal advisory committees: about child labor to U.S. AID global, regional, IN THE HOUSE OF REPRESENTATIVES the U.S. Department of Labor’s Migrant and and mission-level staff in Asia, Latin America, Seasonal Farmworker Employment and Train- Wednesday, March 7, 2001 Africa, and Europe. ing Federal Advisory Committee, the Environ- Mr. Speaker, I invite my colleagues to join Mr. LANTOS. Mr. Speaker, I wish to pay mental Protection Agency’s Children’s Health me in expressing our gratitude to Diane for tribute to Lynda Diane Mull, a dedicated advo- Protection Federal Advisory Committee, the her two decades of service on behalf of our cate for our nation’s two million migrant and U.S. Department of Health and Human Serv- nation’s migrant and seasonal farmworkers. seasonal farmworkers. Diane has recently re- ices’ Regional Coordinating Council on Mi- We wish her great success in her continuing signed her position with the Association of grant Head Start, and the U.S. Department of work to prevent abusive child labor. Farmworker Opportunity Programs (AFOP) the Treasury’s Advisory Committee on Inter- f after 20 years of dedicated service. national Child Labor Enforcement. Diane also AFOP is a national federation of farmworker founded and is the co-chair of the Children in HONORING UNSUNG HEROES service, employment, and training providers the Fields Campaign, the domestic and inter- who serve migrant and seasonal farmworkers national campaign to end the worst forms of HON. ELIOT L. ENGEL in 49 states and Puerto Rico. AFOP’s mem- child labor in agriculture. OF NEW YORK bers are funded by the Department of Labor to Over the years, Diane has worked tirelessly IN THE HOUSE OF REPRESENTATIVES provide direct services—jobs, training, hous- to publicize farmworker issues, even as she ing, English classes, emergency assistance, waged her own successful battle against can- Wednesday, March 07, 2001 and other vital services—to farmworkers cer. She was instrumental in bringing about Mr. ENGEL. Mr. Speaker. I rise today to through a network of more than 300 field of- the Associated Press’s five-part 1997 series honor three people who have dedicated their fices located throughout rural America. As entitled, ‘‘Children for Hire,’’ which played a professional careers to fighting for better lives AFOP’s Executive Director Diane helped build dramatic role in bringing our nation’s child for the children and families of our nation’s the organization into one of the nation’s lead- labor problem to the public’s attention. She capital. Each week, all of us come to this re- ing farmworker advocacy groups, as well as a also worked closely with Dateline NBC’s ‘‘Chil- vered institution to continue the greatest exer- leader in the fight to end abusive child labor, dren of the Harvest,’’ which aired in 1998. cise in democracy and freedom the world has particularly in rural areas, in this country and Most recently, she assisted Seventeen Maga- ever known. And yet, in the shadow of the around the world. zine with its article ‘‘We Are Invisible,’’ which Capitol itself are families and children whose Mr. Speaker, I have worked closely with included one of Diane’s many photos depicting lives we cannot imagine. There are children Diane for many years in our attempt to protect child labor in agriculture. who are not able to contemplate the beauty of farmworker children who toil in our nation’s Diane Mull has received numerous awards democracy and freedom because they are agricultural fields. As you know, hundreds of in recognition of her contributions. In 1991, only concerned with surviving another day with thousands of children who harvest fruits and she was awarded the first National Award for enough food, with proper shelter, and without vegetables are exposed to working conditions Professional Staff Development by the Na- being a victim of abuse.

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.022 pfrm02 PsN: E07PT1 E300 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 Luckily, there are many people who are ern Connecticut State University. While in col- The Internal Revenue Service has taken the using their formidable talents to provide a bet- lege, at the age of 19, he heard the call to position that a State, and a political subdivi- ter life for these children and their families. On pastor. This led him to Yale University’s Divin- sion of a state, are separate employers for Monday, March 6, the Bar Association of the ity School where he received a Master’s De- purposes of payment of the Medicare tax and District of Columbia honored three special in- gree. After being ordained by the American therefore any grandfathered employees dividuals as ‘‘Unsung Heroes.’’ I would like to Baptist Churches and the United Missionary merged in a consolidation between a State take this opportunity to also honor these peo- Association of Greater New York, Clinton and a political subdivision lose the benefit of ple. began what would become an apprenticeship the grandfather rule even if such employees Alec I. Haniford Deull has been a lawyer in at the Abyssinian Baptist Church. Rev. Clinton perform substantially the same work. Washington DC for nearly a decade. After taught in the New York City Public School In a Sixth Circuit Court case, Board of Edu- graduating from the Washington College of System until he became a fulltime youth min- cation of Muhlenberg Co. v. United States, the Law at American University, magna cum ister at Abyssinian Baptist Church. As a youth Court ruled on this general issue in terms of laude, Mr. Deull opened his own practice in minister, Reverend Miller developed a wide a consolidation of boards of education in Ken- 1993. For his entire professional career as an array of youth programs, including Sunday tucky. The plaintiffs in this case argued that attorney, he has represented clients in child evening services, Summer Day Camp, basket- the consolidation of school districts did not abuse and neglect cases. He also represents ball teams and counseling services. In addi- create a new employer or terminate the em- children in special education court actions. He tion, he held a weekly bible reading for sen- ployment of any teacher, and the Court is widely respected for his passionate advo- iors. agreed that Congress did not intend that ex- cacy on behalf of his clients. Mr. Deull is also Mr. Speaker, Rev. Miller has had the oppor- empt employees who have not been sepa- working to train the next generation of chil- tunity of being exposed to the highest quality rated from previously excluded employment dren’s advocates, often taking on numerous of spiritual training and guidance under one of should lose their grandfather and be forced to interns from local law schools. the most renowned ministers in the nation, pay the HI tax. While this case did not go to Juliet J. McKenna is now the Executive Di- Rev. Dr. Calvin O. Butts; Rev. Miller believes the issue of the consolidation between a State rector of the District of Columbia chapter of in a fresh approach to teaching the scripture; and a political subdivision, the logic indicates Lawyers for Children America, a wonderful or- he believes in utilizing the tools of the con- that this issue matters less than the over- ganization. This organization trains lawyers in gregation; he believes in using the parish to arching issue of whether the employees con- private practice who are volunteering their benefit the community; and he was a student tinue in the same or essentially the same posi- time as guardians ad litem in child abuse and of Abyssinian’s renovation effort. As such, tions. In Massachusetts this is clearly the neglect cases. Before joining Lawyers for Chil- Rev. Miller is more than worthy of receiving case. dren America, she spent two years in the Dis- our recognition today, and I hope that all of Therefore, Mr. Speaker, I urge the Congress trict’s Office of the Corporation Counsel in the my colleagues will join me in honoring this to enact this legislation to clarify that local em- Abuse and Neglect section of the Family Serv- truly remarkable man of faith. ployees do not lose the benefit of the grand- ices Division. Ms. McKenna is a bright and en- f father rule merely because they have been thusiastic young woman who only graduated CLARIFICATION OF THE HI TAX consolidated with a State government. Yale Law School in 1995, but has already f earned a reputation as an outstanding advo- HON. RICHARD E. NEAL THE MEANING OF THE ALAMO cate. OF MASSACHUSETTS Finally, upon graduating from Northwestern IN THE HOUSE OF REPRESENTATIVES University School of Law, Anthony R. Dav- HON. TOM DeLAY Wednesday, March 7, 2001 enport joined the Office of the General Coun- OF TEXAS sel of the District of Columbia Department of Mr. NEAL of Massachusetts. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES today I am introducing, along with Messrs. Human Services and then the Office of the Wednesday, March 7, 2001 Corporation Counsel. In all, he spent eight TIERNEY, FRANK, MCGOVERN, CAPUANO, OLVER years working for the people, families and chil- and MARKEY, legislation to clarify that the em- Mr. DELAY. Mr. Speaker, this week we cele- dren of the District. For the past six years, Mr. ployees of a political subdivision of a State brate one of the defining moments in Amer- Davenport has been a solo practitioner spe- shall not lose their exemption from the hospital ican history. It was 165 years ago yesterday, cializing in litigation concerning the rights of insurance tax by reason of the consolidation of that almost 200 Texicans laid down their lives children and families. He has spent countless the subdivision with the State. to ensure that Texas achieved her independ- hours working to provide a better future for This issue has arisen because in 1997 Mas- ence. It happened at The Alamo. And the road children and families across this city. sachusetts abolished county government in from Mexico City to the Alamo runs through These are three extraordinary people. I ask the State, assumed those few functions which Laredo, the place where I was bom. So, I that all my colleagues join me in recognizing counties had performed, and made certain came into this world only a few steps away and honoring these people for their contribu- county officials employees of the State. Spe- from the footprints Santa Anna left on his tion to making our nation’s capital a better cifically, the law provided that the sheriff and march north. place for children and families. all his personnel ‘‘shall be transferred to the And let me tell you, on the night of March f commonwealth with no impairment of employ- 5, 1836, things were going downhill fast for ment rights held immediately before the trans- the Alamo’s defenders. The Mexican Com- HONORING PASTOR CLINTON M. fer date, without interruption of service, without mander, General Antonio Lopez de Santa MILLER impairment of seniority, retirement or other Anna, had the Texicans in the Alamo right rights of employees, without reduction in com- where he wanted them. And everything was HON. EDOLPHUS TOWNS pensation or salary grade and without change on the line. OF NEW YORK in union representation.’’ Santa Anna’s forces had cut all the roads IN THE HOUSE OF REPRESENTATIVES However, the issue of whether or not these leading to the village of Bexar in what’s now consolidated employees were required to pay San Antonio, where the Alamo is still standing. Wednesday, March 7, 2001 the Medicare portion of the FICA tax needed He’d turned back a relief column that tried to Mr. TOWNS. Mr. Speaker, I rise to honor to be clarified. Federal law creates an exemp- make its way to help the Alamo’s vastly out- the Reverend Clinton M. Miller of Brooklyn, tion from this tax for state and local employ- numbered defenders. And with each passing New York. This weekend Reverend Miller will ees who were employed on or before March hour more of Santa Anna’s army arrived. be installed as the new pastor of the Brown 31, 1986 and who continue to be employed There’s a standard military rule-of-thumb, Memorial Baptist Church in Fort Greene. Rev- with that employer. The law is written so it is which advises that an attacker had better have erend Miller has worked towards this goal clear that consolidations between local enti- a three-to-one advantage when assaulting a since the moment he realized that he wanted ties, and consolidations between State agen- properly defended objective. to dedicate himself to religion and I am cies, do not in and of themselves negate the Well, there weren’t enough Texicans in the pleased to acknowledge his achievement. grandfather rule. However, the issue of a con- Alamo to property man the walls. As a military Reverend Miller was born and raised in solidation between a political subdivision and fortification, the Alamo left a lot to be desired. Brooklyn. He received his high school diploma a State is not directly addressed and I doubt Its walls were incomplete and the Texicans from the Bishop Loughlin Memorial High it was thought of during the consideration of had to throw up fences and earthworks to School and a Bachelor’s Degree from South- the federal law. complete their perimeter. In fact, that day one

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K07MR8.007 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E301 Texican would have to fight off more than ten They weren’t eager to die. They wanted to And one by one, the men who died at the enemy soldiers. Tall odds. live out their years in a free Texas. Time and Alamo all came across. But the men of the Alamo knew it was time again, Alamo commander William Travis ap- Now, some people will tell you that Travis’ to stand and fight. As a strategic asset, the pealed for reinforcements and only once did last speech was fiction. They’ll say it’s melo- Alamo was better than nothing. That’s be- 30 men answer the call by riding through the dramatic and too full of grand gestures. They’ll cause the Texicans had nothing else in place Mexican lines to join their fellow Texicans. say it’s wishful thinking on the part of dream- to slow Santa Anna’s advance toward the In his famous letter to ‘‘the People of Texas ers and romantics. But I believe that Travis did eastern settlements where talk of independ- and all Americans in the World’’, that he wrote draw that line in the sand. ence had taken hold. with the Alamo surrounded and Santa Anna If you read his letters and consider the con- If Texicans didn’t stop him at the Alamo, gathering strength, Travis made a last appeal victions of those men holed up with him in the Santa Anna could very well have carved a for additional defenders. Alamo, I believe you’ll come to the same con- path of destruction across the state that effec- This is what he told Texas: clusion. Travis knew exactly what he was tively deprived its people of the means to re- ‘‘The enemy has demanded a surrender at doing and his men knew their precise and discretion, otherwise, the garrison are to be sist and the will to continue their struggle for painful destiny. And they stepped across that put to the sword if the fort is taken. I have an- Independence. Had Santa Anna made his way line in the sand and stayed just the same. Be- swered the demand with a cannon shot and across Texas, there might not have been any- cause independence is worth it. our flag still waves proudly from the walls. I thing left to fight for. And that’s why men rode off from their fami- shall never surrender or retreat. I call on you The upshot is that conquering the Alamo lies to join a motley band of committed patri- in the name of Liberty, of patriotism and every appealed to Santa Anna’s ego even though it thing dear to the American character, to come ots, who without training, without supplies, and did little to accomplish his military objective of to our aid with all dispatch. If this call is ne- without much hope for success gambled ev- suppressing the Texas Revolution. He needed glected, I am determined to sustain myself as erything on God and Texas. to eradicate the passion for independence long as possible and die like a soldier who And they won even as they spent their lives within every Texican, not simply defeat an never forgets what is due his own honor and so dearly on the walls of the Alamo. army in the field. that of his country. Victory or Death.’’ And the debate goes on today. Some men Viewed in that light, taking the Alamo was The men at the Alamo died because they don’t believe that any principle or conviction is for him an indulgence not a military necessity. believed that some things are more important worth the political capital to draw a line in the He fancied himself as the Napoleon-of-the- than life itself They knew that faith, family, and sand. But other men still do. And it’s with west and he dreamed of decisive battles to freedom were worth fighting for. And they also those like-minded men and women that I’ll elevate his standing. knew that, if they had to live without true inde- throw in my lot. And if Santa Anna had simply swept by the pendence, their lives wouldn’t be worth living. Some things are still worth fighting for, and Alamo and pushed on to the settled fertile val- They wanted the protections of a legitimate we’d better never forget it. Because if enough leys and ranches further east, he’d have pre- Constitution. They wanted their individual of us ever do forget, we’ll have squandered served the strength of his force. And if he rights to be honored. They believed in the idea our birthright to freedom and we’ll be the un- didn’t ultimately succeed in ending the dream of self-government. They insisted that govern- worthy beneficiaries of those proud Americans of an independent Texas, he’d have extracted ment respect their right to own private prop- who came before us. a far higher price from the Texicans he fought. erty. They chafed under tariffs and demanded The Alamo’s defenders, like our Founding So, even though all hands were lost at the free trade. They fought for democracy as the Fathers before them, gave everything to put Alamo, their sacrifice saved other lives that surest path to freedom. unstoppable events in motion. Their deaths would have been lost beating back an And it’s true that the issue of slavery moti- were the birth pains of greatness. unwounded Mexican Army of Operation. vated some of the men at the Alamo. We ‘‘Victory or Death,’’ became Victory in Santa Anna himself was a dangerous and must acknowledge that some of the men at Death. And that victory was the offspring of daring adversary. He wasn’t anyone to be the Alamo owned slaves and they were fight- the courage needed to make the simple yet taken lightly. He’d fought his way to the top of ing for the right to keep them. History proved difficult choices that so often determine his- the Mexican military through a series of wars, them wrong on that point. And that painful tory. May we never forget that freedom de- including the fight for independence from truth should not diminish the greater principles mands sacrifice. God bless the men who died Spain. Santa Anna knew a thing or two about that all of the Texicans at the Alamo fought at the Alamo. And God bless America. fighting. He was a charismatic and compelling for. Just as our Founders did great things de- f leader who issued orders that he knew would spite their flaws, so too did the Alamo’s de- be obeyed. His army was disciplined and far fenders ennoble themselves by the way they CITIZENS FROM THE 9TH DISTRICT better equipped than any comparable units ended their lives. OF TEXAS then fighting for Texas. The most dramatic moment was still yet to But we’re taught that pride comes before come. It happened when William Travis gath- HON. NICK LAMPSON ered his command in the courtyard of the the fall, and Santa Anna’s pride was his Achil- OF TEXAS Alamo and leveled with his men about the fix les’heel. Santa Anna did not begin his cam- IN THE HOUSE OF REPRESENTATIVES paign with respect for his opponents. He con- they were in. They had three options, he told Wednesday, March 7, 2001 sidered the Texicans fighting for Independ- them. They could surrender, but they had all seen ence as an ill-disciplined rabble that would be Mr. LAMPSON. Mr. Speaker, I rise today to the red flag Santa Anna had flown. It meant defeated by the first whiff of grapeshot that he honor local citizens from the 9th District of no quarter. They would all be executed. Texas who were chosen during Black History sent over their heads. They could make a break for it and try to Month for their work. While the dedication of Before he marched north to Texas, Santa fight their way through the Mexican lines. But African-American leaders is well-known Anna even boasted to a group of visiting this option was also doomed to failure be- Frenchmen and Englishmen that defeating cause they would be fleeing across open throughout the United States, local citizens, Texas was just the first step in his plans for country and Santa Anna’s cavalry would right here in the Southeast Gulf Coast region, North America. He actually said he’d conquer butcher them easily. are just as important to ensuring equal rights the U.S., haul down the Stars and Stripes and And they could instead defend the Alamo for all Texans. Last month I asked members of hoist the Mexican flag over this very building: and, by dying in place, inflict enough casual- the communities in the 9th District to nominate The Capitol. Well, that’s quite a boast, and I ties on the Mexicans to weaken Santa Anna’s individuals for my ‘‘Unsung Heroes’’ award know what ol’ Sam Houston must have said army. Travis chose the hard path. that gives special recognition to those unsung when he heard about it: ‘‘My own choice is to stay in this fort, and heroes, willing workers, and individuals who ‘‘That’ll be the day. He’ll have has his hands die for my country, fighting as long as breath are so much a part of our nation’s rich history. full right here in Texas.’’ And so he did. shall remain in my body. This I will do even if Recipients were chosen because they em- Eventually, Santa Anna did learn to respect you leave me alone,’’ Travis said. But the bodied a giving and sharing spirit, and had Texas, but a lot of men had to die first. choice was up to each of them, he said. Then made a contribution to our nation. And sitting here today, we ask ourselves: he used his sword to draw a line across the These individuals have not only talked the Why did they die? What were they fighting courtyard. talk, but they have walked the walk. They for? And is the country around us today wor- ‘‘I now want every man who is determined have worked long and hard for equal rights in thy of their sacrifice? Some questions we can to stay here and die with me to come across their churches, schools, and in their commu- answer. Some will be answered for us. this line. Who shall be the first?’’ nities. While their efforts may not make the

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.025 pfrm02 PsN: E07PT1 E302 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 headlines every day, their pioneering struggle began giving speeches in a downtown park on tion and hard work of the Myrtle Beach Area for equality and justice is nevertheless vital to his lunch break. He was eventually arrested Chamber of Commerce Employee of the Year. our entire region. This region of Southeast and jailed. When he was released he took a Shonda Riggins, a guest service representa- Texas is not successful in spite of our diver- year leave from the United States Department tive at the Hampton Inn located at 48th Ave- sity; we are successful because of it. of Agriculture to do civil rights work and never nue North in Myrtle Beach, South Carolina, Please join me in recognizing and congratu- went back. has displayed over a ten year period how de- lating these community leaders for their sup- The latter portion of Mr. Williams’s life was serving she is of this award. Ms. Riggins is ail port of bringing Justice and equality to South- spent fighting for civil rights. He worked as a astute employee who is known for her de- east Texas. It is leaders like, these men and field general for the Dr. Rev. Martin Luther pendability, generosity, and great southern women that continue to be a source of pride King Jr. in the civil rights battles of the 1960’s. hospitality. The type of service that Ms. Rig- not only during Black History Month, but all Before joining with Dr. King he worked with gins provides to the guest of the Hampton Inn year long. The winners of this year’s ‘‘Unsung National Association for the Advancement of goes beyond the call of duty. She has proven Heroes’’ award are: Colored People and helped to run the South- herself to be an asset to the tourist industry Mrs. Myrtle Giles Davis, Mrs. Mattie Dansby ern Christian Leadership Council’s actions in and indispensable to the Hampton Inn. Ford, Mr. William Andrew Harris, Mr. V. H. St. Augustine. Examples of Ms. Riggins exemplified serv- Haynes, Mr. Tony Johnson, and Mrs. Annie Mr. Williams made sure not only to work ice include her handwritten personal postcards Mae Shanklin. with the issues abroad but also to work with to every guest, top-scoring in professional and Mr. Speaker, the recipients of the ‘‘Unsung his community. Serving on the Atlanta City friendly phone-skills, and a perfect attendance Heroes’’ award are dedicated and hardworking Council and later as the De Kalb County com- that is also at the top of the charts. Her ap- individuals who have done so much for their missioner he worked to improve the conditions pearance is always impeccable and she neighbors and for this nation as a whole. at companies and help the poor. wears, with pride, all of her service pins and Today, I stand to recognize their spirit and to Today, I ask my colleagues to join me in buttons. Ms. Riggins is a team player who has say that I am honored to be their Representa- honoring the late Hosea Williams for his hard shown that she is willing to help in all aspects tive. work and dedication on behalf of the poor and at any time. This includes such tasks as as- f disadvantaged and for his extraordinary con- sisting during hurricane seasons, covering tributions to civil rights. PERSONAL EXPLANATION shifts of co-workers, and always being able to f keep her cool so that she can help out in SENIOR CITIZEN PROPERTY TAX whatever way possible. HON. DENNIS MOORE Over the years Ms. Riggins has received VOUCHERS OF KANSAS numerous awards and recognition for her con- IN THE HOUSE OF REPRESENTATIVES tinuing great service to the Hampton Inn. This Wednesday, March 7, 2001 HON. RICHARD E. NEAL award, though, is an esteemed honored that OF MASSACHUSETTS Mr. MOORE. Mr. Speaker, I accidentally Ms. Riggins is extremely deserving of. I would IN THE HOUSE OF REPRESENTATIVES failed to record my vote on roll call #27, to like to thank her for her continuing hospitality suspend the rules and pass H.R. 727, legisla- Wednesday, March 7, 2001 and support to the tourism industry that is so tion to amend the Consumer Product Safety Mr. NEAL of Massachusetts. Mr. Speaker, important to Myrtle Beach. As a thriving part of Act to provide that low-speed electric bicycles today I introduced legislation, along with six of South Carolina, Ms. Riggins has proven her- are consumer products subject to the CPSC. my colleagues from Massachusetts, to alter self to be indispensable to the true meaning of As I indicated in the statement I had placed in the federal tax treatment of real property tax southern hospitality. As the Representative of the RECORD as a part of the debate on this reduction vouchers received by senior citizens the First District of South Carolina, I must say measure, I support H.R. 727 and intended to for volunteer work. that this type of dedication and hard work is vote in favor of it. Approximately 42 towns in Massachusetts refreshing and appreciated to the upmost de- gree. f have implemented a program to ease the problem senior citizens, who live on fixed in- f A TRIBUTE TO HOSEA WILLIAMS comes, face due to rising property taxes. THE SCIENCE TEACHER SCHOLAR- These towns have allowed senior citizens to SHIPS FOR SCIENTISTS AND EN- HON. EDOLPHUS TOWNS perform volunteer work for their town in ex- GINEERS ACT OF NEW YORK change for a voucher that reduces their prop- IN THE HOUSE OF REPRESENTATIVES erty tax by up to $500. HON. MARK UDALL Wednesday, March 7, 2001 Specifically, my legislation would exclude from gross income vouchers issued by a gov- OF COLORADO Mr. TOWNS. Mr. Speaker, I rise today to ernment unit to offset real property taxes, and IN THE HOUSE OF REPRESENTATIVES ask my colleagues to join me in praising the received by senior citizens, in exchange for Wednesday, March 7, 2001 work and life of Hosea Williams as a civil volunteer work. The legislation also exempts Mr. UDALL of Colorado. Mr. Speaker, I am rights leader. For the past 40 years, he has these vouchers from employment taxes, and introducing today the Science Teacher Schol- worked with civil rights issues, helping to senior citizens who are at least 65 are eligible. arships for Scientists and Engineers Act. The make a change for black people in America. Mr. Speaker, this legislation enhances an bill is cosponsored by my colleague Mr. WU, Mr. Williams came from a difficult past. At important and creative program being imple- and I appreciate his support. age 13 he was forced to leave his community mented in many towns in Massachusetts. We The bill would authorize a program of one- to escape a lynching mob that wanted to pun- devote a lot of effort around here to help make year, $7500 scholarships to those with bach- ish him for socializing with a white girl. When sure retirement does not sink senior citizens elors degrees in science, mathematics, or en- the United States entered World War II, he en- deep into poverty, and that they have basic gineering, or those nearing completion of such listed in the army and became a staff sergeant health services. This very modest proposal degrees, to enable them to take the courses in an all-black unit of Gen. George S. Patton’s takes a small step in helping seniors remain in they need to become certified as K-12 science Third Army, working as a weapons carrier. He their homes despite rising property taxes. A or math teachers. suffered an injury during an attack and had to step, I hope, we can take this year. spend a year in a British hospital. From a series of Science Committee hear- Mr. Williams returned to the United States f ings last year about the state of science and where he finished high school at 23. He pro- TRIBUTE TO SHONDA RIGGINS OF math education, and from talking to constitu- ceeded to earn his bachelor’s degree from SOUTH CAROLINA ents, students, and educators at home, it has Morris Brown College in Georgia, with a major become clear to me that we need to improve in Chemistry; and then received his master’s HON. HENRY E. BROWN, JR. science and math education in this country. degree from Atlanta University. He then be- OF SOUTH CAROLINA In particular, I’ve come to understand that poor student performance in science and math came the first black research chemist hired by IN THE HOUSE OF REPRESENTATIVES the federal government below the Mason- has much to do with the fact that teachers Dixon line. Wednesday, March 7, 2001 often have little or no training in the disciplines Dissatisfied with the discrimination faced by Mr. BROWN of South Carolina. Mr. Speak- they are teaching. While the importance of black people in his community Mr. Williams er, today I would like to recognize the dedica- teacher expertise in determining student

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.027 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E303 achievement is widely acknowledged, it is also merit-based procedures. The bill would au- boring countries, including Syria and Israel. the case that significant numbers of K-12 stu- thorize $20 million to be appropriated to NSF As a matter of fact, the Maronite Church and dents are being taught science and math by for each of the fiscal years 2002, 2003, and the Lebanese people cherish the same values 2004. of democracy, respect for human rights, unqualified teachers. Eligibility: Institutions of higher edu- independence and sovereignty cherished by Not only do we need to ensure a high qual- cation offering bachelors degrees in science, the American people. The entry of the Syr- ity of science and math education for our stu- math, and engineering and coursework to- ian troops into Lebanon in 1976 was done dents, but we also need to ensure there is suf- ward teacher certification are eligible to without the request or permission of anyone, ficient quantity of trained teachers available to apply for awards under the program. Individ- as stated by former President Hafez al-Assad teach them. The bill I am introducing today uals provided scholarships shall be under- in his speech of July 20, 1976. This was also graduate students majoring in science, math, noted by former Secretary of State Henry would begin to address the shortage of quali- Kissinger in his book. From that time Syria fied science and math teachers by providing or engineering who are within one academic year of completion of degree requirements or has established its hegemony over Lebanon. an incentive for individuals with the content graduates of bachelors or advanced degree While we have always advocated good rela- knowledge to try teaching as a career. programs in science, math, or engineering. tions between Syria and Lebanon, true inter- Most students emerge from college with a Requirements for Application: Each schol- national relations are possible only when the heavy debt load—and studies have shown arship application would include a plan countries involved relate to each other on an that average debt has tended upward, since specifying the course of study that would equal footing. They cannot be established if allow the applicant to fulfill the academic one country dominates the other. Within the college tuition costs have been increasing country, the people of Lebanon seek to be faster than inflation. So scholarships would be requirements for obtaining a teaching cer- tification during the scholarship period. democratic, where Christians and Moslems particularly beneficial for those considering en- Work Requirement: As a condition of ac- live in peaceful co-existence, unless an out- tering the teaching field where starting salaries ceptance of a scholarship under this Act, a side element provokes a conflict. We seek are relatively low. recipient would agree to work as a science human and religious values—faith in God, Mr. Speaker, to keep economic growth teacher for a minimum of two years fol- justice, equality, respect for human rights. Lebanon stands in the Middle East between lowing certification as such a teacher or to strong in the long-term, we need continued in- Israel and Syria, and has suffered difficulties repay the amount of the scholarship to NSF. novation. But innovation doesn’t happen by for a quarter of a century—17 years of war, itself—it requires a steady flow of scientists f thousands of victims, and terrible destruc- and engineers. My bill can begin to help pro- tion. The Taef Agreement of 1989 was sup- vide this steady flow and ensure that our fu- TRIBUTE TO HIS BEATITUDE MAR posed to bring an end to the war. The United ture workforce will be prepared to succeed in NASRALLAH BOUTROS CARDINAL States was a principal sponsor. However, Taef has been implemented only partially our increasingly technologically based world. SFEIR, MARONITE PATRIARCH OF ANTIOCH AND ALL THE EAST and in a discriminatory fashion. As a result, With estimates of 240,000 new science and Lebanon has yet to recover its institutional math elementary and secondary teachers foundations. If the cannons are silent, anx- needed over the next decade, we must work HON. NICK J. RAHALL II iety still remains. The country suffers from to provide the incentives now to bring these OF WEST VIRGINIA a succession of crises due to the political sit- teachers into our schools. IN THE HOUSE OF REPRESENTATIVES uation in Lebanon, in which Lebanon lacks For the information of our colleagues I am sovereignty, independence, and freedom in Wednesday, March 7, 2001 its decision-making. submitting a summary of the bill. Mr. RAHALL. Mr. Speaker, today at a Con- The South of Lebanon is still in a state of SCIENCE TEACHER SCHOLARSHIPS FOR gressional Luncheon hosted by myself and instability. A large number of its citizens are either in exile, displaced or in prison, leaving SCIENTISTS AND ENGINEERS ACT Rep. RAY LAHOOD, and attended by many their families in dire straits. The Israeli-Pal- SUMMARY Members of the House, we had the privilege estinian negotiations raise the question of This bill would authorize a program of one- of hearing remarks made by His Beatitude the final settlement of the Palestinian refu- year, $7500 scholarships to those with bach- Mar Nasrallah Boutros Cardinal Sfeir, Maronite gees, who have a right to a just solution. elors degrees in science, mathematics, or en- Patriarch of Antioch and all the East. This is However, no agreement should be made at gineering, or those nearing completion of the Patriarch’s first visit to the United States the expense of the Lebanese people. Imposing such degrees, to enable them to take the since 1988, and he is here on the occasion of on tiny Lebanon a large foreign population courses they need to become certified as K– would have dire demographic effects, since 12 science or math teachers. Such awards the elevation of the first American born Lebanon already has the highest population would be made through competitive, merit- Maronite Bishop Ralph Shaheen. per capita in the region. It destabilizes the based procedures. While in the United States, the Patriarch ex- balance between Christians and Moslems, The purpose: To ensure not only high qual- pressed his vision of peace for Lebanon and and even among the Moslems themselves. ity of science and math education but also a the Middle East Region. It is in the interest of the United States to sufficient quantity of trained teachers avail- Lebanon, the homeland of my grandfathers help Lebanon for the following reasons: able to teach them. and its people, cherish the same values of de- (1) Lebanon seeks to be a democratic coun- try and to enjoy freedom. BACKGROUND mocracy, respect for human rights, independ- (2) Lebanon has always had one face to- The Science Committee held a series of ence and sovereignty cherished by the people ward the East and the other toward the hearings in the 106th Congress on various as- of America. That is why the Patriarch, the West. It possesses the culture of both East pects of math and science education. From church and the people and government of and West. these hearings it became clear that student Lebanon have supported the Middle East (3) The credibility of the United States re- performance in these areas is weak and that quires that it help Lebanon, and to liberate no single factor is the key to improving stu- peace talks of the past, and hope for a re- it from all foreign troops, according to the dent performance. But the testimony did sumption of those talks in the near future. Taef Agreement, sponsored by the United suggest that a necessary, if not sufficient, Mr. Speaker I submit the words of His Beati- States. condition for improved student performance tude, the Maronite Patriarch of Antioch and All (4) There is a large number of Lebanese im- is teachers with both good content knowl- the East be entered in the RECORD, so that my migrants in the United Sates who have edge and pedagogical skills. Current prob- colleagues will be enabled to hear his urgent achieved success in the higher levels of busi- lems in the realm of math and science teach- plea on behalf of a continued alliance between ness and politics, and thereby can make an impact on the American political system. ing are difficulties in attracting and retain- the United States and Lebanon. ing math and science teachers and defi- (5) Christian influence is diminishing in I am honored to be here among members of ciencies in the training of new teachers and the Middle East and in Lebanon which has the legislative body which makes laws for in professional development activities for ex- always been a stronghold of Christianity. If the United States and which have an influ- isting teachers. there were no more Christians there, this ence on the whole world. I thank you for all would be a catastrophe for Christianity, but WHAT THE BILL DOES the support you have given and are giving to would also undermine respect for human Authorization: The bill would authorize Lebanon and its people. I wish to speak rights. the director of the National Science Founda- about Lebanon, a country of 10,000 square I know that you have the same view as we, tion to make awards to institutions of high- kilometers and 4 million people, but a coun- namely, that there should be no outside he- er education to provide scholarships to those try whose historical roots extend more than gemony over Lebanon, even after the depar- with bachelors degrees in science, mathe- 6,000 years. It is the country where the al- ture of non-Lebanese troops. Lebanon should matics, or engineering, or those nearing phabet was invented by the Phoenicians, who remain an oasis of democracy, freedom, completion of such degrees, to enable them spread its knowledge not by war, but human values, and respect for human rights. to take the courses they need to become cer- through trade and human interaction. Again, thank you for your welcome and sup- tified as K-12 science or math teachers. Such Lebanon is a peace loving country which port. May God bless you in your important awards would be made through competitive, wants to live in peace with all its neigh- work.

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.032 pfrm02 PsN: E07PT1 E304 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 A TRIBUTE TO BARBARA YOUNG a stipend of $130 a month. The program is COMMEMORATING THE CONTRIBU- 100 percent State funded. TIONS OF MR. CRUZ BACA HON. EDOLPHUS TOWNS Mr. Speaker, I see no reason why the mod- OF NEW YORK est income received for this volunteer service HON. HILDA SOLIS IN THE HOUSE OF REPRESENTATIVES should be subject to tax, especially employ- OF CALIFORNIA Wednesday, March 7, 2001 ment taxes. I hope Congress will act on this IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Mr. Speaker, I rise today to legislation this year, and provide an additional Wednesday, March 7, 2001 honor Mrs. Barbara Young for her exceptional incentive for an expansion of this program in Ms. SOLIS. Mr. Speaker, I rise today to contributions to health care and education for Massachusetts, and its adoption by other commemorate the proud contributions Mr. the people of New York. For over 30 years, States. Cruz Baca and his decedents have made to she has been contributing to the education the city of Baldwin Park. Mr. Baca was born and health care industry. f in Mexico in 1874 and first arrived in Baldwin Mrs. Young received a Bachelors degree in Park in 1906. In 1909 he returned to Mexico Community Health from Jersey State College; IN CELEBRATION OF THE GRAND to retrieve his wife and children from the threat received her Masters from Hunter College City OPENING OF THE BERKELEY of revolution and bring them to Baldwin Park. University of New York; and acquired her REPERTORY THEATRE’S NEW In the spring of 1910 the Baca family finally Nursing Home Administrator’s license from HOME settled near Francisquito Avenue in Baldwin Hofstra University. Park following a long journey on foot through During her professional career, Ms. Young, Texas and parts of Arizona. moved up from Staff Nurse in Neonatal Inten- HON. BARBARA LEE Mr. Baca was a prosperous farmer who har- sive Care to Vice President of Nursing. Ms. vested a variety of crops and raised cows to OF CALIFORNIA Young, has gone out of her way to help peo- produce milk and cheese. Realizing a demand ple and be particularly supportive to young mi- IN THE HOUSE OF REPRESENTATIVES for the ingredients for tamales, Mr. Baca be- nority men whom she feels, need someone to came the only supplier of those ingredients in Wednesday, March 7, 2001 stand up for them and be supportive. She has the San Gabriel Valley. But Mr. Baca’s legacy devoted most of her professional career to Ms. LEE. Mr. Speaker, I rise in celebration is not as a landowner or businessman, it is the care of the elderly and takes pride in pro- of the March 12, 2001 Grand Opening of the humanity he demonstrated to his fellow man, moting and maintaining quality of life. Berkeley Repertory Theatre’s new 600-seat neighbor, and community. Ms. Young’s contributions to the community Mr. Baca always lent a helping hand to proscenium theater. The festivities will also in- include being a Cub Scout leader, Girl Scout those in need. During the Great Depression Leader, teaching religious instruction to men- clude a performance of The Oresteia, running Mr. Baca provided food for the poor, he would tally challenged children, providing volunteer from March 13, 2001 until May 6, 2001, and park his wagon full of produce at Morgan Park services at homeless shelters, and making vis- an open house honoring the longstanding rela- to help feed the community. He also provided its to a home for battered women. tionship between the theater and the larger transportation to those in need with his horse In addition to Mrs. Young’s volunteer work, community. and wagon, taking people as far as San Ga- she is a member of the Trinidad and Tobago The Berkeley Repertory Theatre has a long briel to attend services at the San Gabriel Mis- Nurses Association and has been Chairperson history of excellence. It was founded in 1968 sion. His efforts to improve the community are of the Education Committee whose objective as the East Bay’s first resident professional many, such as plowing and landscaping the is to provide seminars and health education to land to develop Morgan Park for free and theater. In 1980 Berkeley Rep gathered health care professionals, and give scholar- helping to plow his neighbors land when they ships to nursing students. She is Vice Presi- enough public support to move from its con- were experiencing difficulties. Mr. Baca is also dent of the Imani Reading Group, which start- verted storefront theater to its current location known for his selfless acts of heroism, single- ed off with a group of professional women in downtown Berkeley. The Theater was handedly saving a family from a burning home who wanted to know more about their African awarded a Tony Award for Outstanding Re- and pulling his neighbors car out of the San heritage. Currently, she is organizing the read- gional Theater in 1997. In October of 1998 the Gabriel Valley River with his horse and wagon ing group to start a prison ministry at the group announced its plans to construct a new during a heavy rainstorm. Rikers Island Women’s Prison. 600-seat proscenium stage theater to com- Mr. Baca was a dedicated father, husband Today, I ask my colleagues to join me in plement the existing 401-seat thrust theater and citizen and his influence will be ever- honoring Mrs. Barbara Young for her hard stage. lasting in the City of Baldwin Park. Mr. Baca’s work and dedication on behalf of the sick and legacy continues also with the hundreds of de- The second theater will enable the Berkeley underprivileged, and for her extraordinary con- cedents that continue to live, work, and raise Repertory Theatre to continue its more than tribution in the field of education and health families in the City of Baldwin Park. thirty year tradition of providing the community care. f with eclectic, imaginative, and challenging pro- f ductions. The new theater will evoke the inti- H.R. 808, THE STEEL SENIOR VOLUNTEER SERVICES macy and vitality that is characteristic of the REVITALIZATION ACT OF 2001 current space, but will also provide greater ar- HON. RICHARD E. NEAL tistic flexibility for the future. HON. JERRY F. COSTELLO OF MASSACHUSETTS The opening will showcase the new theater, OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES introduce the community to the Berkeley Rep- IN THE HOUSE OF REPRESENTATIVES Wednesday, March 7, 2001 ertory Theatre’s new home, and host a world Wednesday, March 7, 2001 Mr. NEAL of Massachusetts. Mr. Speaker, I premiere performance of The Oresteia. The Mr. COSTELLO. Mr. Speaker, I rise today in am introducing today legislation with Messrs. theater will better serve the Repertory’s ever- support of H.R. 808, the Steel Revitalization TIERNEY, MCGOVERN, CAPUANO and MARKEY to increasing 15,000 member audience. The new Act of 2001. allow the exclusion from gross income of sti- building was made possible in part by dona- America’s steel industry is in a near crisis pends received by persons over the age of 60 tions from the City of Berkeley and the Ask state. Beginning in 1997, dumped and sub- for volunteer services performed under a Jeeves Foundation. sidized steel imports grew dramatically until qualified State program. they reached almost 40 percent of the U.S. The new Berkeley Repertory Theatre is the The Elder Services Corps in the State of steel market. Steel prices rapidly decreased; Massachusetts was created in 1973. It is com- cornerstone of downtown Berkeley’s emerging steel workers were laid off, steel companies posed of individuals at least 60 years of age Arts District and has become a great source of filed for bankruptcy. As a result of the weak- and allows volunteers to assist in meeting the civic pride for the community. I am proud to ened steel industry, the level of imports needs of the elderly population of the Com- congratulate Berkeley Repertory Theatre as it deemed acceptable by the government in- monwealth. Individuals enroll for one year at a opens its new theater and I look forward to the creased, and recovery has been difficult. time, and are required to volunteer 18 hours many years of arts enrichment it will provide to I believe that this legislation is necessary to per week or 72 hours per month, and receive the City of Berkeley. help revitalize the steel industry. It provides

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.035 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E305 import relief by imposing five year quotas on based test to identify debtors making over the Currently, Ms. Boyce serves as the Principal the importation of steel and iron ore products median income who have an ability to repay at of the Philippa Schuyler Middle School for the in the U.S. The quotas will return the import least a portion of their debts. However, this Gifted and Talented. market share to the levels prior to 1997. This legislation is by no means perfect and it fails For her devotion, and hard work Ms. Boyce provision is very similar to H.R. 975, which to hold credit card companies accountable for has been the recipient of many awards includ- passed the House with strong support in the the credit they issue. An increasing number of ing the NAACP Educator’s Award and the previous Congress. individuals who have experienced events such Black Professional Business Women’s Educa- In addition, this legislation will augment the as illness, job loss or a recent divorce and tor Award. Steel Loan Guarantee Program, which pro- have no financial recourse other than bank- In addition to her duties as an educator, Ms. vided guaranteed loans to qualified steel com- ruptcy are being overwhelmed with misleading Boyce is an active member of St. Laurence panies. Currently, steel companies are finding and abusive marketing strategies of the credit Catholic Church, serving as a Lector, and a it almost impossible to raise capital through industry. As a result, too many consumers are member of the Baptismal team. She is also a other sources, especially due to plummeting prone to predatory lending practices after filing member and advisor to the President of the stock prices and decreasing demand. The for bankruptcy and are never truly granted a Council for Supervisors and Administrators as Steel Revitalization Act will expand the pro- fresh start by the system. well as an elected delegate from District 32. gram by authorizing $10 billion rather than $1 It is for these reasons that I will support the She sits on the executive board of District 32’s billion, guaranteeing 95 percent of the loan amendment offered by my colleague from supervisors. rather than 80 percent and extending the Texas, Ms. Jackson-Lee, and the motion to re- Today, I ask my colleagues to join me in terms from five years to fifteen. With this ex- commit offered by the Ranking Member of the honoring Ms. Mildred L. Boyce for her hard pansion, more companies will be able to take Judiciary Committee, Mr. Conyers, during con- work and extraordinary contributions in the advantage of this worthwhile program. sideration of the bill. These provisions would field of education. Mr. Speaker, in the Congressional District I strengthen the bill and address credit card f represent, two of our steel companies are seri- company practices that have contributed to ously distressed. Many of my constituents are the increasing level of consumer debt and the TRIBUTE TO MR. ROBERT MAY at risk of losing their jobs. It is of the utmost rise in consumer bankruptcies. Specifically, importance that we in Congress work hard to the Jackson-Lee amendment seeks to modify HON. ALLEN BOYD keep America’s steel industry vital. I urge my the means test to allow more flexibility in de- OF FLORIDA colleagues to join me in supporting H.R. 808. termining a debtor’s expenses, including IN THE HOUSE OF REPRESENTATIVES f health insurance premiums, other medical ex- Wednesday, March 7, 2001 BANKRUPTCY ABUSE PREVENTION penses, and the costs relating to the care of Mr. BOYD. Mr. Speaker, I rise today to pay AND CONSUMER PROTECTION foster children, and extend the deadline for fil- tribute to the dedicated work of one of my ACT OF 2001 ing and confirmation of reorganization plans by small businesses. The motion to recommit constituents, Mr. Robert May of Old Town, SPEECH OF would prohibit credit card companies from Florida who has been awarded the Charles P. HON. JIM LANGEVIN issuing credit to individuals under the age of Ulmer award by the Sons of Confederate Vet- 21 unless there is written parental consent or erans. OF RHODE ISLAND the individual can demonstrate an independent The Ulmer award recognizes individuals IN THE HOUSE OF REPRESENTATIVES source to pay the debt. who have worked to honor the memory of Thursday, March 1, 2001 Nonetheless, even if these modifications are those who died serving their country. Robert The House in Committee of the Whole not approved, I do intend to support the un- May has done that and more. He currently House on the State of the Union had under derlying bill because I believe Congress must serves as a leader within the organization and consideration the bill (H.R. 333) to amend do something to address the current state of is actively involved in his community. I com- title 11, United States Code, and for other abuse and overuse of our bankruptcy system. mend Robert May for his dedication and com- purposes. However, Congress should also continue to mitment to preserving the rich heritage of the Mr. LANGEVIN. Mr. Chairman, I rise in sup- pursue common-sense reforms that will not South. port of H.R. 333, the Bankruptcy Abuse Pre- only cut down on fraud within the system but The Charles P. Ulmer Award was named for vention and Consumer Protection Act. I have also hold credit issuers accountable for their a man who bravely fought in many famous spent a great deal of time examining the pub- actions while protecting the vulnerable con- battles during the Civil War, including the bat- lic debate surrounding bankruptcy reform and sumer. I would strongly urge the Senate to tles of Vicksburg, Chattanooga, Perryville, and looking for assurances that H.R. 333 will re- keep these arguments in mind as it continues Murfreesboro. As it’s told, on November 25, duce the number of abusive bankruptcy filings to debate its version of the bankruptcy reform 1863, during the battle of Missionary Ridge, by holding debtors responsible for repaying bill. Corporal Charles P. Ulmer put honor before their debts. f fear when he picked up the flag from a fallen Although bankruptcy filings continued to de- soldier and charged forward. He served his crease this past year from the record 1.4 mil- A TRIBUTE TO MILDRED L. BOYCE country proudly as he, too, fell answering the lion consumer bankruptcy petitions filed in call of duty. 1998, they still remain six percent higher than HON. EDOLPHUS TOWNS The Sons of Confederate Veterans’ five years ago, when filings first passed the OF NEW YORK ‘‘Charles Ulmer Compatriot of the Year one million mark. Last year, the number of IN THE HOUSE OF REPRESENTATIVES Award’’ is awarded to that person who exem- personal bankruptcy filings in Rhode Island plifies the dedication and duty to country that Wednesday, March 7, 2001 decreased by 12 percent from the previous Mr. Ulmer had shown so long ago, and Robert year, but that number is still too high, as the Mr. TOWNS. Mr. Speaker, I rise today to May is that person. number of personal filings in the state has honor Mildred L. Boyce for her contribution to Mr. Speaker, I join Robert May’s family and more than doubled in the last decade. Unfortu- the education of New York’s children. For over friends in congratulating him on receiving the nately, hardworking consumers shoulder much 25 years Ms. Boyce has been a dedicated ‘‘Charles Ulmer Compatriot of the Year of the economic burden of these bankruptcies. teacher and administrator. Award.’’ While there are many factors contributing to Although Ms. Boyce was bom in Manhattan f the increased number of bankruptcy filings, she received all of her education in Brooklyn, statistics have shown that a significant number attending P.S. 44, P.S. 181, J.H.S. 246, Eras- THE CLEAN DIAMONDS ACT of individuals are permitted to walk away from mus Hall High School and Brooklyn College, their debt by filing under Chapter 7 when they where she received a B.A. degree, M.S. de- HON. TONY P. HALL have the ability to repay most, if not all, of gree and a professional Diploma in Adminis- OF OHIO their debt. Our bankruptcy system should di- tration and Supervision. IN THE HOUSE OF REPRESENTATIVES rect filers to the chapter that best matches Ms. Boyce began her career in education as Wednesday, March 7, 2001 their needs and allow them to pay off as much a 6th grade teacher at P.S. 106, in 1965, debt as possible. where she later held the position of Master Mr. HALL of Ohio. Mr. Speaker, I rise today H.R. 333 will help reestablish a degree of Teacher and Interim Acting Assistant Principal, to introduce The Clean Diamonds Act. This bill personal responsibility by utilizing a needs- before coming to Philippa Schuyler in 1977. aims to eliminate the trade in diamonds that

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.040 pfrm02 PsN: E07PT1 E306 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 are used to fund conflict in Africa—wars that they are doing it with the complicity of a legiti- CLEAN DIAMONDS ACT—SECTION-BY-SECTION have killed more than 2 million people, driven mate industry that markets conflict diamonds ANALYSIS 6.5 million from their homes, and subjected as tokens of love and commitment. Our bill Section 1: The bill shall be called the Clean many of the region’s 70 million people to hor- gives the industry a year more than it said it Diamonds Act. rific atrocities. needed to take the steps it should have begun Section 2: The bill makes findings about the The Clean Diamonds Act lends the support years ago. It supports the efforts of South Afri- extent of suffering underwritten by the trade in of the United States—whose citizens buy 65 ca and more than 20 other nations, working conflict diamonds, including 6.5 million people percent of the world’s diamonds—to multilat- through the Kimberley Process, to devise an driven from their homes and 2.4 million killed, eral efforts to sever the link between dia- effective response to this problem. and on the need for an effective solution to monds and war. It implements the diamond in- The nations and legitimate businesses that this problem. dustry’s July 2000 promise to help block the supply the US market are well able to fulfill the Section 3: Diamonds may not be imported trade in these diamonds, and gives it a year reasonable obligations this bill outlines. This into the United States unless the exporting longer than it said it needed. bill asks nothing more of our trading partners country is implementing a system of controls Mr. Speaker, I will never forget the two- than that they enforce effective laws against on the export and import of rough diamonds year-old girl who lost an arm to rebels, or what the smuggling of conflict diamonds. Eight that comports with the UN General Assembly’s her fellow war victims told Congressman WOLF months ago, to great fanfare, the diamond in- Resolution of 12/00, or with a future inter- and I when we visited Sierra Leone’s amputee dustry agreed it would do just that. Three national agreement that implements such con- camp in 1999. When we asked what had hap- months ago, the U.N. General Assembly trols. pened to each of them, they told nightmarish unanimously voted on the need for immediate This system’s implementation shall be mon- tales of rebels who lopped off their hand to attention to this problem—before it sours con- itored by U.S. agencies. A presidential advi- punish them for voting, or their legs or ears or sumer interest in diamonds and damages sory commission (comprised of representa- arms so they would always remember how countries that rely on diamond production. I tives of human rights organizations, the dia- much the rebels hated the country’s elected hope the Clean Diamonds Act will add mo- mond industry, and others) will develop a label government. But when we asked why their mentum to these promises of action. certifying that a diamond is clean, having countrymen were suffering, they gave us a I am particularly pleased with some key fea- reached the US market through countries im- one-word answer: ‘‘diamonds.’’ plementing this system of controls, and will There is no question that diamonds do a lot tures of the Clean Diamonds Act: First, it will bring relief to the victims of advise the President on monitoring issues. of good for a few southern African nations Section 4: Violators shall be subject to civil that, because of a quirk of geology, have the these wars for the control of diamonds be- cause it provides that any contraband dia- and criminal penalties, including confiscation ability to secure their mines against takeover of contraband. Significant violators’ US assets by thieves masquerading as rebels. Diamonds mond caught entering the U.S. market shall be seized and sold to pay for prosthetic limbs and may be blocked. Proceeds from penalties and also are making the industry wealthy beyond the sale of diamonds seized as contraband imagination: for example, DeBeers, the mo- other relief to war victims, and for micro-credit projects. shall be transferred to U.S. AID’s War Victims nopoly which buys the overwhelming majority Fund and used to help civilians affected by Second, it offers a real deterrent, by impos- of uncut diamonds, just reported a 73 percent wars, through humanitarian relief and micro- ing civil and criminal penalties like those that increase in profits in 2000. credit development projects. But for Sierra Leone, Angola, the Congo, have proven effective in slowing the smuggling Section 5: Diamond-sector projects in coun- Guinea, and Liberia, diamonds are a curse. of other contraband. Among its provisions, it tries that fail to adopt a system of controls They are a magnet for bandits, who seize dia- allows U.S. authorities to block the assets of shall not be eligible for loan guarantees or mond mines and trade their production for significant violators of these laws. other assistance of the Eximbank or OPIC. weapons, narcotics they use to numb their Third, it offers jewelers and their customers Section 6: The President shall report annu- fighters to the tasks they demand, and the a ‘seal of approval’ that gives them inde- ally to Congress on the system’s effective- other materiel these big armies need. Dia- pendent verification that the money they monds in those countries are close to the sur- ness; on which countries are implementing it; spend on a symbol of love and commitment on which countries are not implementing it and face and spread over large regions, so it is does not go into the pockets of those forcibly much harder to patrol mining done there. Be- the effects of their actions on the illicit trade in amputating the limbs of innocent civilians, or diamonds; and on technological advances that cause of that, and because the legitimate in- press-ganging children into military service dustry is so willing to help rebels launder their permit determining a diamond’s origin, mark- and sexual slavery, or committing other atroc- ing a diamond, and tracking it. stolen gems, neither these countries nor the ities. Americans ought to be able to ask for United Nations has been able to fend off these Section 7: The GAO shall report on the this kind of reassurance with confidence they’ll law’s effectiveness within three years of enact- rebel forces. get honest answers; this bill gives them that. I am convinced that, until this link between ment. Fourth, it makes diamond projects in coun- Section 8: It is the sense of the Congress diamonds and war is severed, we will continue tries that refuse to implement some system of to see these atrocities—forced amputations, that (a) the President immediately negotiate, in controls ineligible for taxpayer-funded concert with the Kimberley Process, an inter- brutal murders of innocent civilians, wide- Eximbank and OPIC loan guarantees. spread rapes and other sex crimes, and a national agreement designed to eliminate the Finally, it requires systems designed to generation of youngsters whose only edu- illicit trade in diamonds; and (b) the system guard against conflict diamonds to be trans- cation is as child soldiers. We will see no end implementing this agreement should be trans- parent and independently monitored. And it in- to hunger, disease, and the other problems of parent and subject to independent verification sists on annual reports to Congress and the war. For example, a recent International Res- and monitoring by a U.S. organization. American public so that the situation never cue Committee survey of people who live in a Section 9: Definitions. again reaches the point it is at today, where relatively peaceful, but rebel-controlled, district Section 10: The law takes effect six months of Sierra Leone found one in three dies before brutal thugs earn nearly $20 million each day after enactment. Under limited conditions, the his or her first birthday—more than twice the from this blood trade—most of it from Amer- President may delay applicability of the law to country’s overall infant mortality rate. And we ican consumers. a specific country for six months, provided he will continue to watch billions of dollars in aid ‘‘I am heartened that such respected organi- report to Congress on that country’s progress pour into amputee camps and other humani- zations as Amnesty International, World Vi- toward establishing a system of controls and tarian projects, while tens of billions in conflict sion, Physicians for Human Rights, Oxfam concluding an International agreement. diamonds pour out of these same countries. America, World Relief, and the Commission The Clean Diamonds Act grew out of the di- on Social Action of Reform Judaism are sup- FEBRUARY 14, 2001. amond industry’s own July 2000 promise that porting this bill, and I am encouraged by the OPEN LETTER TO THE JEWELERS OF AMERICA it would move swiftly to end the trade in con- assistance of these champions of human AND WORLD DIAMOND CONGRESS: We, the un- flict diamonds and establish a system of con- rights, Congressman WOLF and Congress- dersigned religious, humanitarian, develop- ment, human rights, medical, missionary, trols by December 2000. That hasn’t hap- woman MCKINNEY. All of these individuals and organizations are veterans of good fights that and relief organizations write to express our pened; without some pressure from US con- outrage over the continued trade in dia- sumers, I doubt any effective solution will be have been waged on behalf of those who are monds from war zones in Africa, including implemented. hurting, and I urge our colleagues to join us in Sierra Leone, Angola, and the Democratic In these embattled countries, rebels are resolving this pressing problem.’’ Republic of Congo. The profits to insurgent committing terrible atrocities every day—and A summary of the bill is attached. forces from their sale of diamonds have

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.044 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E307 fueled wars in these countries and contrib- International Medical Corps; Stephen Relief; Randall Robinson, TransAfrica; uted to a tidal wave of atrocities by those G. Price, Office of Justice and Peace, Daniel Vollman, Africa Research forces against the unarmed population. We Society of Affican Missions; Wanjlru Project. are especially concerned about Sierra Leone, Kamau, President, African Immigrants Mel Foote, President, Constituency for where the Revolutionary United Front con- and Refugees Foundation; Al Graham, Africa; Pharis Harvey, Executive Di- trols two-thirds of the country including its Air Serv International; Loretta Bondi, rector, International Labor Rights most lucrative diamond resources. The RUF Advocacy Director, Arms and Conflict Fund; Bass Vanderzalm, President, continues its practice of abusing, enslaving, Program, the Fund for Peace; Larry Northwest Medical Teams, Inter- raping and mutilating noncombatant adults Goodwin, Executive Director, Africa national; Rev. Richard Cizik, Vice and children to this day. And the inter- Faith and Justice Network; James President for Governmental Affairs, national trade in Sierra Leonean diamonds Matlack, Director, Washington Office, National Association of Evangelicals; appears to be undiminished. American Friends Service Committee; Fr. Rick Ryscavage, S.J., Jesuit Ref- We welcome the South African-led ‘‘Work- David Begg, CEO, Concern Worldwide ugee Service/USA; Kathy Thornton, ing Group on African Diamonds’’ (‘‘Kim- U.S.; Jaydee R. Hanson, Assistant Gen- RSM, Network: National Catholic So- berley process’’) supported by the diamond eral Secretary, United Methodist cial Justice Lobby; Yael Martin, Direc- industry that led to the announcement of a Church, General Board Of Church and tor, Promoting Enduring Peace; Billie commitment to establish an international Society, William Goodfellow, Execu- Day, Friends of Sierra Leone; Hasit system of ‘‘rough controls’’ last year. But we tive Director, Center for International Thankey, Project Officer, Common- are dismayed by the slow pace of reform and Policy; Beverly Lacayo, Missionary wealth Human Rights Initiative; Reyn- the industry’s inability to police its own Sisters of Our Lady of Africa; Kevin old Levy, President, International Res- members who continue to deal in diamonds Lowther, Regional Director Africare. cue Committee; Gail R. Carson, Direc- from Sierra Leone and other conflict areas. Kathleen McNeely, Maryknoll Office for tor, Relief and Food Security Pro- We are disappointed that the principal coun- Global Concerns; Gaspar Colon, Ad- grams, Counterpart International, Inc.; tries involved in the mining, cutting, fin- ventist Development and Relief Agency Paul Montacute, Director, Baptist ishing, exporting, and importing of diamonds International; Duni Jones, Self Help World Aid of Baptist World Alliance; have not themselves taken the actions Initiative; David Beckman, President, Dr. Evelyn Mauss, Physicians for So- agreed to last year as a means of jump-start- Bread for the World; Alex Yearsley, cial Responsibility/NYC; Save the Chil- ing the international rough controls regi- Global Witness; Rev. Seamus P. Finn, dren; Stephen Rickard, Robert F. Ken- men. Missionary Oblate Society; Roger Win- nedy Memorial; Lonnie Turner, Wash- It seems clear that until a major importer ter, Executive Director, U.S. Com- ington Office, Cooperative Baptist Fel- of diamonds such as the U.S. prohibits the mittee for Refugees; Rev. Leon Spen- lowship. direct or indirect importation of any and all cer, Washington Office on Africa; Tony diamonds and diamond jewelry from any Doyle, Mid-South Peace and Justice country that does not have the rough con- Center; Maureen Healy, Society of St. f trols in place, progress in establishing the Ursula; Kevin George, Friends of Libe- international system will proceed at a lei- ria; Thomas Tighe, President and CEO, HONORING TEXAS PUBLIC surely pace. For this reason, we strongly Direct Relief International; Farshad SCHOOLS support legislation being introduced by Rep- Rastegar, CEO, Relief International; resentatives Tony Hall, Cynthia McKinney, Barry LaForgia, Executive Director, and Frank Wolf to enshrine such restrictions International Relief Teams. HON. CIRO D. RODRIGUEZ in U.S. trade law. We respectfully urge the Keith Wright, Food for the Hungry; OF TEXAS American jewelry importers and retailers to Richenda VanLeeuwen, Executive Di- IN THE HOUSE OF REPRESENTATIVES support this initiative as well. The Hall- rector, Trickle Up Program; Peter Wednesday, March 7, 2001 Wolf-McKinney bill, if enacted, would pro- Sage, Program Director, Ananda Marga vide the diamond industry an inestimable Universal Relief Teams; Jeffrey Meer, Mr. RODRIGUEZ. Mr. Speaker, as we in service. Without penalizing the legitimate Executive Director, U.S. Association Texas celebrate Public Schools Week, March producers and exporters, the legislation for UNHCR; Ron Mitchell, Sierra Leone 5–9, I wish to recognize the many achieve- would assure American diamond retailers Emergency Network; Gay McDougall, ments made by public schools in Texas. At a and consumers of a ‘‘clean stream’’ of dia- Executive Director, International monds and put serious pressure on countries Human Rights Law Group; Lynn time when Congress is debating the merits of that fail to support the Kimberley rough McMullen, Executive Director, RE- reforming education in this country, it is impor- controls agreement. Moreover, enactment of SULTS; Dr. Ritchard Maˆ bayo, Chair- tant that we recognize the progress that has a U.S. prohibition on imports from countries man, Coalition for Democracy in Sierra been made in meeting the goals of our edu- that do not have the rough controls in place Leone; Margaret Zeigler, Deputy Direc- cation system and to applaud the dedicated would encourage them to move forward tor, Congressional Hunger Center; Al- public servants who educate our children. As quickly, and hasten the day that the func- fred L. Marder, President, The Amistad an educator and a former school board mem- tioning rough controls on diamonds and dia- Committee, Inc.; Reverend Alan Thom- mond jewelry would be truly international- son, International Liaison, U.S. Peace ber, I have witnessed first hand the tremen- ized. Council; Carol Fine, Chairman, NGO dous effort our teachers pour into every class, We respectfully urge you to protect your Committee on Southern Africa; Wash- every hour and every minute with their stu- own product and safeguard unwitting Amer- ington Office, Church of the Brethren; dents, and it is fitting that Texas recognizes ican consumers by supporting tight restric- Rachel Crowger, Executive Director, their dedication during this special week. tions against all diamonds that emerge from African Law Initiative; American Bar Public schools are the backbone of our edu- countries that have not adopted the Kim- Association. cation system. Ninety percent of the school berley rough controls. This is the approach Peter Vander Muelen, Coordinator for that you called for in your September testi- Social Justice and Hunger Action, age population nationwide attends public mony before Congress, and it is the approach Christian Reformed Church in North schools. A good, quality public education that Representatives Hall, McKinney, and America; Phyllis S. Yingling, U.S. Sec- serves not only as a bridge to vast economic Wolf have taken in their legislation. We hope tion Chair, Womenaˆ s International opportunities, but also as a foundation for our that you will support it strongly, and urge League for Peace and Freedom; Rev. strong and prosperous democracy. Thanks to its immediate adoption by Congress. Mark B. Brown, Asst. Director, Inter- the hard work of teachers, counselors and ad- Sincerely, national Affairs and Human Rights, ministrators, Texas has made significant Leonard S. Rubenstein, Executive Direc- Lutheran Office for Governmental Af- strides in its public education system, espe- tor, Physicians for Human Rights; fairs, Evangelical Lutheran Church in Adotei Akwei, Africa Advocacy Direc- America; Rev. Phil Reed, Office of Jus- cially in student achievement. tor, Amnesty International, USA; tice and Peace, Missionaries of Africa; To continue on this path of success, we Bruce Wilkinson, Senior Vice Presi- Robert Kushen, Executive Director, must offer more to our students and families dent, World Vision; Dr. Clive Calver, Doctors of the World; Joel R. Charny, than block grants and vouchers, which serve President, World Relief; Raymond Vice President for Policy, Refugees only to redistribute resources inconsistently Offenheiser, President, Oxfam America; International; Brian Farenell, Advo- and damage the democratic foundation of Rabbi David Saperstein and Rabbi Dan cacy Director, Friends of Guinea; Merle public schools. We must capitalize on our suc- Polish, Commission on Social Action of Bowen, Associate Professor, University cess and increase our efforts to modernize Reform Judaism; Rev. Bob Edgar, Gen- of Illinois, William Martin, Professor, eral Secretary, National Council of the Binghamton University, Co-chairs, As- Texas classrooms, maintain a teacher ratio Churches of Christ. sociation of Concerned Africa Scholars; that places students in a personal learning en- Rev. John McCullough, Executive Direc- Clifton Kirkpatrick, Stated Clerk, vironment with well-trained teachers, and en- tor, Church World Service and Witness; Presbyterian Church (USA); Kathryn sure security and safety. The sad events this Nancy Aossey, President and CEO, Wolford, President, Lutheran World week in California remind us of the dangers in

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.046 pfrm02 PsN: E07PT1 E308 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 ignoring students’ needs. Therefore, it is im- INTRODUCTION OF A BILL TO PER- special formulas that did not take their under- portant that public schools be given the re- MIT THE CONSOLIDATION OF writing income or loss into account. Legislation sources to recruit and retain professional LIFE INSURANCE COMPANIES enacted in 1959 took a major step toward tax- counselors and social workers who not only ing life insurance companies on both their in- aid students in their academic planning but HON. PHILIP M. CRANE vestment and underwriting income. In fact, at also provide support and consultation to those OF ILLINOIS the same time the present rules were under students who may suffer from depression or IN THE HOUSE OF REPRESENTATIVES consideration in 1976, the Treasury Depart- ment took the position that full consolidation mental illness. Every child in Texas deserves Wednesday, March 7, 2001 this and nothing less. was consistent with sound tax policy. As we chart our course in this new millen- Mr. CRANE. Mr. Speaker, today I am intro- In 1984 and 1986, Congress reviewed the nium, the education of all Texas children re- ducing, along with Representatives MATSUI, taxation of life insurance companies and made mains vital to our future. Texas Public Schools ENGLISH, LEWIS, BECERRA, RANGEL, WELLER, a number of substantial changes that have re- Week is the perfect opportunity to celebrate SAM JOHNSON, COLLINS, RAMSTAD, MCNULTY, sulted in these companies paying tax at reg- our past, our present, and our future. HULSHOF, SHAW, and NUSSLE legislation that ular income tax rates on their total income. would repeal a number of limitations contained Today, life insurance companies are fully f in the consolidated return provisions of the In- taxed on their income just like other corpora- ternal Revenue Code. These limitations, origi- tions. There is no reason to treat them dif- TRIBUTE TO MS. JOAN KNISS nally enacted in 1976, are a relic from a time ferently today, especially with respect to con- when the financial markets were highly regu- solidation. HON. BOB SCHAFFER lated and financial institutions were taxed very THE PROBLEM differently than they are today. The limitations The current restrictions place affiliated OF COLORADO serve no good purpose and yet they com- groups of corporations that include life insur- IN THE HOUSE OF REPRESENTATIVES plicate the tax code for both the taxpayer and ance companies at a competitive disadvan- Wednesday, March 7, 2001 the Internal Revenue Service and they place tage compared with other corporate groups affiliated corporations that include life insur- and also create substantial administrative Mr. SCHAFFER. Mr. Speaker, today I pay ance companies at a competitive disadvan- complexities for taxpayers and for the Internal tribute to Ms. Joan Kniss of Brighton, Colo- tage relative to other corporate groups. Revenue Service. The five-year limitations, in rado, the 2001 Colorado Teacher of the Year. I had hoped we could have addressed this particular, create irrational disparities between This prestigious recognition is no small honor. problem long ago, and indeed, much of the bill groups containing life insurance companies This year brought 3,500 teachers throughout I am introducing today was included in the and other consolidated groups. For example: the State of Colorado into competition for this 1999 tax bill vetoed by President Clinton. It is First, when a consolidated group acquires an- prestigious award. Ms. Kniss, I am proud to my hope that we can focus our attention on other consolidated group that includes a life say, teaches English at Brighton High School this problem again this year, either in the con- insurance company member, the acquired which is located within the congressional dis- text of a tax simplification effort, an income tax group is deconsolidated. This means that, un- trict I represent. system maintenance effort, or as part of tax like other groups, intercompany gains in the The Colorado Teacher of the Year Program relief for business. acquired group would be recognized as cur- is Colorado’s oldest and most prestigious hon- BACKGROUND rent income while losses would continue to be ors program which recognizes the contribu- The consolidated return provisions in the tax deferred. tions of the classroom teacher. The nominee laws were enacted so that the members of an Second, for the five year period following a must be an exceptionally skilled, dedicated, affiliated group of corporations could file a sin- consolidated group’s acquisition of a life insur- and knowledgeable classroom teacher. The gle tax return. The right to file a ‘‘consoli- ance company, gains on any intercompany standards for the award are high. The Colo- dated’’ return is available regardless of the na- transactions are subject to current tax and rado Teacher of the Year must inspire stu- ture or variety of the businesses conducted by cannot be deferred. However, gains of other dents of all backgrounds and abilities to learn, the affiliated corporations. The purpose behind groups that are allowed to file a consolidated have the respect and admiration of students, consolidated returns is simply to tax a com- return are allowed to be deferred. parents, and colleagues, play an active and plete business entity and not its component Third, section 355 spin-off transactions raise useful role in the community as well as in the parts individually. It should not matter whether questions concerning the five year ineligibility school, and demonstrate high levels of aca- an enterprise’s businesses are operated as di- period for the spun-off company even if the demic achievement for their students. visions within one corporation or as subsidiary group had existed and been filing a consoli- Mr. Speaker, I have no doubt the best corporations with a common parent company. dated return for many years. teacher in the Great State of Colorado won in If the group is one economic entity, it should The ability to file consolidated returns is par- 2001. Ms. Kniss began her teaching career in be taxed as a single entity and file its return ticularly important for affiliated groups con- Colorado in 1973 at North Junior High in accordingly. taining life insurance companies. Many cor- Brighton, Colorado. For eight years, she Corporate groups that include life insurance porations in other industries can, in effect, worked within the school district on special as- companies, however, are denied the ability to consolidate the returns of affiliates by estab- signment. Since 1984, she has served as a file a single consolidated return until they have lishing divisions within one corporation, rather language arts teacher at Brighton High been affiliated for at least five years. Even than operating as separate corporations. Un- School. Mr. Speaker, through her many years after groups with life insurance companies are fortunately, state law and other, non-tax busi- as an interested teacher, Ms. Kniss has exem- permitted to file on a consolidated basis, they ness considerations generally require a life in- plified true dedication to Colorado’s children are subject to two additional limitations that do surance company to conduct its non-life busi- and parents. not apply to any other type of group. First, ness through subsidiaries. The inability to file Every applicant for Colorado Teacher of the non-life insurance companies must be mem- consolidated returns thus operates as an eco- Year must submit an essay. Mr. Speaker, in bers of an affiliated group for five years before nomic barrier inhibiting the expansion of life in- her essay, Ms. Kniss wrote, ‘‘[W]e must focus their losses may be used to offset life insur- surance companies into related areas. on partnerships: teachers must be learning ance company income. Second, non-life insur- SOLUTION partners with their students; teachers must be ance affiliate losses (including current year There are no sound reasons to deny affili- partners with parents, and teachers must form losses and any carryover losses) that may off- ated groups of corporations including life in- partnerships with community members.’’ Mr. set life insurance company taxable income are surance companies the same unrestricted abil- Speaker, interested parents and teachers limited to the lesser of 35 percent of life insur- ity to file consolidated returns that is available produce successful students. Successful ance company taxable income or 35 percent to other financial intermediaries (and corpora- teachers, like Ms. Kniss, are those who look to of the non-life insurance company’s losses. tions in general). Allowing the members of an the future knowing the basis for their students’ The historical argument against allowing life affiliated group of corporations to file a con- success is a background of solid academics. insurance companies to file consolidated re- solidated return prevents the business enter- Again, today on the floor of the House of turns with other, non-life companies was that prise’s structure, i.e., multiple legal entities, Representatives, I say congratulations thank life insurance companies were not taxed on from obscuring the fact that the true gain or you to Joan Kniss, the 2001 Colorado Teacher the same tax base as non-life companies. This loss of the business enterprise is the aggre- of the Year, for her many years of educating argument is unfounded today. Prior to 1958, gate of each of the members of the affiliated Colorado’s students. life insurance companies were taxed under group. The limitations contained in present law

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A07MR8.049 pfrm02 PsN: E07PT1 March 7, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E309 are so clearly without policy justification that ple of days. We got him to the hospital, hands of Dr. David Conti. It proved to be a they should be repealed. where he was intubated immediately. He success. Sadly, Angelo DelToro died of com- The legislation we are introducing today will came close to dying. With the special elec- plications of dialysis while Jim was still in tion underway, he’d just kept going and the hospital. repeal the two five-year limitations for taxable going. His health had taken a back seat—and years beginning after this year. For revenue Since the second transplant, Jim and he almost paid with his life. Ever since, his Debbie had a third child, Samantha, now reasons, the legislation will phase out the 35 priorities have changed. Now he pays atten- two. Jim’s priority at home is appreciating percent limitation over seven years. This bill tion to his health.’’ his three children and his wife. Another pri- should be part of any simplification or tax relief While Jim was in the hospital, people in ority in Jim’s life is supporting the cause of legislation that may be enacted. his party, community, and family rallied organ donation and transplantation so that around him, carrying on the campaign with- f others might receive the gift of a second out him. ‘‘I still remember walking into the chance at life. headquarters, knowing they had pulled me ORGAN DONATION ‘‘I do anything I can for that cause,’’ he through. It was a wonderful feeling.’’ The feeling was wonderful and the win ex- says. ‘‘I’m in a unique position to bring the HON. STEVE ISRAEL citing, but Jim’s health was another story. message to those who make decisions. I tell others about my success and the over- OF NEW YORK He was on hemodialysis and very weak, but if he wanted to hold onto his new position of whelming need for more organs. I try to edu- IN THE HOUSE OF REPRESENTATIVES Assemblyman, he couldn’t take a break. The cate the public through interviews on TV, Wednesday, March 7, 2001 next regular election for his seat was only radio and in the newspaper. I include the eight months after the special election. He message in newsletters to my constituents.’’ Mr. ISRAEL. Mr. Speaker. So that New York put in long hours both as an assembly and as Jim has sponsored a number of bills de- States’ recently established Organ and Tissue a candidate, fitting in dialysis sessions ei- signed to educate the public and reward Donor Registry might be better publicized and ther early in the morning or in the evening. those who choose to be donors. Frank Taft, promoted, When his healthcare team initially men- director for the Center of Donation and And so that the public might be better edu- tioned a transplant Jim was cautious but, Transplant comments, ‘‘Assemblyman Conte cated on the dire need for organ donation, after consideration, he agreed to the proce- has never forgotten that his transplant began with a gift. In the Assembly, he has I will enter this inspiring article about New dure. Only six weeks after his name was placed on the list at Albany Medical Center, worked diligently to try to pass legislation York State Assemblyman Jim Conte in the a matching kidney was available. In March to remember those who gave this most pre- CONGRESSIONAL RECORD. of 1989 he received a donor kidney and cious gift and to promote bills that will lead JIM CONTE LEADING TO MAKE A DIFFERENCE recuperated well. He had a 13-day hospital to increased organ donation.’’ (By Cheryl Johnston) stay, which included a small bout of rejec- At times, bills have gotten mired down in tion. To the amazement of his colleagues in party politics, but Jim never gives up. ‘‘I While he routinely makes a difference in the Assembly, Jim returned to the legisla- just get smarter,’’ he explains. For example, the lives of many people in the state of New tive chambers by budget time in April. he couldn’t get enough support in the major- York, Jim has the greatest impact on four Jim later found out that his donor was a ity party (he’s with the minority party) to particular people who live in the town of young woman named Ashley. ‘‘In the midst pass legislation creating a statewide organ Huntington Station—his wife Debbie and his of that family’s suffering, with the loss of donor registry. So he worked administra- children Sarah, Jeffrey, and Samantha. In their wife and daughter, they made the deci- tively instead of legislatively. He joined the ups and downs of political life, it is Jim’s sion to donate. For that, I’m eternally grate- Governor Pataki’s transplant council, which family which keeps him anchored. He knows ful.’’ He later showed his gratitude by giving actually was successful in establishing a they’re most important in life. his first daughter the middle name ‘‘Ash- statewide-computerized donor registry. Jim got sick before he met Debbie, when ley.’’ When another piece of organ donation legis- he was in his first year of college. Because It didn’t take long for him to gain back his lation was killed in the healthcare com- he’d always been healthy, he was surprised strength and continue his productive life. mittee, Jim gave the bill to a member of the when his doctor said glomerular nephritis And six months post-transplant, Debbie and majority party, who could gain more support was responsible for his swollen feet and sent Jim got married. Debbie had a special per- from within his party. This selfless move re- him home from school. Jim missed more spective of the medical challenges Jim faced sulted in the successful passage of the legis- than half of that freshman year, but his because she was a pharmacist and also be- lation under someone else’s name. health stabilized again. He resumed his stud- cause brother-in-law, Donald, had received a While he’s concerned about effectiveness ies, acquired an internship with the New successful heart transplant six years earlier. within the hallowed halls of state govern- York State legislature in Albany and com- This knowledge enhanced Debbie’s ability to ment, Jim is also concerned about the effec- pleted his degree in economics. Life was on a support Jim as a wife and helpmate. tiveness of his own transplant. ‘‘I try to take roll again. In 1991 they had Sarah Ashley. Two years care of myself,’’ he says. ‘‘I follow a low-fat After graduation, Jim returned to Albany later they were blessed with the birth of diet, with lots of fruits and veggies. I exer- to work in various positions in government, their second child, Jeffrey. But the tide cise—either at the gym, on the treadmill or including working for Assemblywoman Toni turned less than two months later, when walking outside.’’ Rettaliata. When she sought another office Jim’s nephritis returned. With weeks, by and won, Jim decided to run in the special mid-August of 1993, Jim’s transplanted kid- He’s also careful about adhering to his election for her Assembly seat. He had just ney was failing and he was back on dialysis. medication regimen. ‘‘I’ve never really had a one month to campaign and give it his all. Jim was put on the transplant list, but this problem with my transplant medications. I He attended campaign events and walked time his wait was 18 months. During the dif- made a perfect switch from Sandimmune to door to door to meet the Long Island con- ficult wait, Jim kept up his regular work Neoral. And I get my medications faithfully stituents. He worked from sun up to sun schedule. While the legislature was in ses- each moth from Stadtlanders. It’s a fantastic down, ignoring the fact that he was retain- sion, he went to early morning dialysis ses- service.’’ ing fluid and that he had a chest cold he sions with a fellow Assemblyman, Angelo Through his actions and through his life, couldn’t seem to shake. Before the election DelToro from Spanish Harlem, and then re- Jim Conte demonstrates that one man can even took place, he ended up in the hospital turned to the Assembly. ‘‘The two of us put make a difference. But his wife Debbie with kidney failure and pneumonia. human faces on the organ shortage problem. doesn’t look at him and see what he’s done; Debbie, who was dating Jim then, remem- We made others in New York’s state govern- she looks at him and sees who he is. She ex- bers: ‘‘I was shocked to see how quickly he ment and beyond see that the problem was plains, ‘‘He’s everything good. He’s easy had become run down. His breathing was so real—and that, in itself, had an impact.’’ going, a great dad, a loving husband. He’s labored that I could actually hear it from On December 20th Jim got the call that an very caring of his community and family. down the hallway. He was very weak and his organ was available and underwent his sec- He’s very dedicated.’’ No wonder this man is color was bad. He hadn’t urinated for a cou- ond transplant surgery, this time at the a leader.

VerDate 112000 06:22 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A07MR8.052 pfrm02 PsN: E07PT1 E310 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 2001 SENATE COMMITTEE MEETINGS MARCH 14 electric energy at wholesale in the 9:30 a.m. western energy market. Title IV of Senate Resolution 4, Rules and Administration SH–216 agreed to by the Senate on February 4, To hold hearings on election reform 10 a.m. 1977, calls for establishment of a sys- issues. Banking, Housing, and Urban Affairs tem for a computerized schedule of all SR–301 Business meeting to markup S. 149, to provide authority to control exports. meetings and hearings of Senate com- Energy and Natural Resources Business meeting to consider their fiscal SD–538 mittees, subcommittees, joint commit- year 2002 budgetary views and esti- 2 p.m. tees, and committees of conference. mates on programs which fall within Foreign Relations This title requires all such committees the jurisdiction of the committee and European Affairs Subcommittee to notify the Office of the Senate Daily agree on recommendations it will To hold hearings to examine certifi- Digest—designated by the Rules com- make thereon to the Committee on the cation of the United States assistance mittee—of the time, place, and purpose Budget. to Serbia. SD–628 SD–419 of the meetings, when scheduled, and Commerce, Science, and Transportation any cancellations or changes in the To hold hearings on whether Congress MARCH 21 meetings as they occur. should allow states to require all re- 2 p.m. As an additional procedure along mote sellers to collect and remit sales Energy and Natural Resources with the computerization of this infor- taxes on deliveries into that state, pro- Water and Power Subcommittee vided that states and localities dra- mation, the Office of the Senate Daily To hold oversight hearings on the Klam- matically simplify their sales and use ath Project in Oregon, including imple- Digest will prepare this information for tax systems. mentation of PL 106–498 and how the printing in the Extensions of Remarks SR–253 project might operate in what is pro- section of the CONGRESSIONAL RECORD 10 a.m. jected to be a short water year. on Monday and Wednesday of each Judiciary SD–628 week. To hold hearings to examine drug treat- ment, education, and prevention pro- MARCH 22 Meetings scheduled for Thursday, grams. SD–226 10 a.m. March 8, 2001 may be found in the Daily Veterans’ Affairs Digest of today’s RECORD. Appropriations Defense Subcommittee To hold joint hearings with the House To hold closed hearings ot review intel- Committee on Veterans’ Affairs to ex- MEETINGS SCHEDULED ligence programs. amine the legislative recommendations S–407, Capitol of the AMVETS, American Ex-Pris- MARCH 9 Budget oners of War, Vietnam Veterans of America, Retired Officers Association, 9:30 a.m. To resume hearings to examine the President’s proposed budget request for and the National Association of State Joint Economic Committee Directors of Veterans Affairs. To hold hearings to examine the Bureau fiscal year 2002. 345 Cannon Building of Labor Statistics employment data in SD–608 2:30 p.m. order to gauge the status of the Feb- Veterans’ Affairs Energy and Natural Resources ruary employment situation, as well as To hold joint hearings with the House National Parks, Historic Preservation, and the latest consumer and producer price Committee on Veterans’ Affairs to ex- Recreation Subcommittee indexes with respect to the inflation amine the legislative recommendations outlook. of the Disabled American Veterans. To hold oversight hearings to review the 1334 Longworth Building 345 Cannon Building National Park Service’s implementa- 10:30 a.m. tion of management policies and proce- MARCH 13 Foreign Relations dures to comply with the provisions of Title IV of the National Parks Omni- 9:30 a.m. Business meeting to consider pending bus Management Act of 1998. Appropriations calendar business. SD–192 Energy and Water Development Sub- SD–419 committee 2 p.m. MARCH 27 To hold oversight hearings to examine Intelligence the National Nuclear Security Admin- To hold closed hearings on intelligence 10:30 a.m. istration, Department of Energy. matters. Appropriations SD–124 SH–219 Energy and Water Development Sub- Commerce, Science, and Transportation committee To hold hearings on S. 415, to amend title MARCH 15 To hold oversight hearings on issues re- 49, United States Code, to require that 9:30 a.m. lating to Yucca Mountain. air carriers meet public convenience Rules and Administration SD–124 and necessity requirements by ensur- To continue hearings on election reform ing competitive access by commercial issues. APRIL 3 air carriers to major cities. SR–301 10 a.m. SR–253 Commerce, Science, and Transportation Appropriations Veterans’ Affairs Business meeting to consider pending Energy and Water Development Sub- To hold hearings to examine the Admin- calendar business. committee istration’s proposed budget for vet- SR–253 To hold oversight hearings to examine erans’ programs for fiscal year 2002. Energy and Natural Resources issues surrounding nuclear power. SR–418 To hold hearings on S. 26, to amend the SD–124 10 a.m. Department of Energy Authorization Judiciary Judiciary Act to authorize the Secretary of En- To hold hearings to examine online en- To hold hearings on promoting tech- ergy to impose interim limitations on tertainment and related copyright law. nology and educations issues relating the cost of electric energy to protect SD–226 to turbocharging the school buses on consumers from unjust and unreason- the information highway. able prices in the electric energy mar- APRIL 24 SD–226 ket; S. 80, to require the Federal En- 2 p.m. ergy Regulatory Commission to order 10 a.m. Commerce, Science, and Transportation refunds of unjust, unreasonable, unduly Appropriations To hold hearings on S. 361, to establish discriminatory or preferential rates or Energy and Water Development Sub- age limitations for airmen. charges for electricity, to establish committee SR–253 cost-based rates for electricity sold at To hold hearings on proposed budget es- 2:30 p.m. wholesale in the Western Systems Co- timates for fiscal year 2002 for the Bu- Finance ordinating Council; and S. 287, to direct reau of Reclamation, of the Depart- To hold hearings on issues relative to liv- the Federal Energy Regulatory Com- ment of the Interior, and Army Corps ing without health insurance. mission to impose cost-of-service based of Engineers. SD–215 rates on sales by public utilities of SD–124

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HIGHLIGHTS House passed S.J. Res. 6, Labor Department Ergonomics Rule Dis- approval—clearing the measure for the President. Senate Pending: Chamber Action Durbin Amendment No. 17, to discourage certain Routine Proceedings, pages S1915–S2016 predatory lending practices. Pages S1944–53 Measures Introduced: Sixteen bills and seven reso- A unanimous-consent agreement was reached pro- lutions were introduced, as follows: S. 472–487, S. viding for further consideration of the resolution and amendments to be proposed thereto, on Thursday, Res. 45–49, and S. Con. Res. 21–22. Pages S1971–72 March 8, 2001. Page S2016 Measures Reported: S. Res. 46, authorizing expenditures by the Senate Executive Communications: Pages S1970–71 Committee on Indian Affairs. Messages From the House: Page S1970 S. Res. 47, authorizing expenditures by the Select Measures Referred: Page S1970 Committee on Intelligence. Measures Placed on Calendar: Page S1970 S. Res. 49, authorizing expenditures by the Com- Statements on Introduced Bills: Pages S1973–S2011 mittee on Energy and Natural Resources. Page S1971 Measures Passed: Additional Cosponsors: Pages S1972–73 Honoring Former Minnesota Governor Stassen: Amendments Submitted: Pages S2014–15 Senate agreed to S. Res. 48, honoring the life of Additional Statements: Page S1969 former Governor of Minnesota Harold E. Stassen, Notices of Hearings: Page S2015 and expressing deepest condolences of the Senate to Authority for Committees: Pages S2015–16 his family on his death. Page S2016 Privileges of the Floor: Page S2016 Bankruptcy Reform: Senate resumed consideration of S. 420, to amend title 11, United States Code, Record Votes: Two record votes were taken today. taking action on the following amendments proposed (Total—17) Pages S1961, S1962 thereto: Pages S1925–62 Adjournment: Senate met at 9:30 a.m., and ad- Rejected: journed at 7:44 p.m., until 9:30 a.m., on Thursday, By 34 yeas to 65 nays, 1 responding present (Vote March 8, 2001. (For Senate’s program, see the re- No. 16), Wellstone Amendment No. 14, to create marks of the Acting Majority Leader in today’s an exemption for certain debtors that can dem- Record on page S2016.) onstrate to the satisfaction of the court that the rea- son for the filing was a result of debts incurred Committee Meetings through medical expenses. Pages S1928–44, S1955–59, S1960–61 (Committees not listed did not meet) Leahy Amendment No. 13, to provide small busi- ness creditors priority over larger businesses relating ELECTION REFORM to distribution of the bankruptcy estate. (By 58 yeas Committee on Commerce, Science, and Transportation: to 41 nays, 1 responding present (Vote No. 17), Sen- Committee held hearings to examine the need for ate tabled the amendment.) electoral process and voting technology reform, in Pages S1926–28, S1953–55, S1959–60, S1961–62 order to ensure accessible, accurate and secure elec- tions, including proposed legislation to eliminate D178

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punch card voting, and require uniform voting PRESIDENT’S INCOME TAX PROPOSALS standards and quality voting equipment, receiving Committee on Finance: Committee resumed hearings to testimony from Senators Dodd and Schumer; Rep- examine issues related to the President’s income tax resentatives Conyers, Hutchinson and Meek; Oregon rate proposals, focusing on marginal income tax rate Secretary of State Bill Bradbury, Salem; Georgia Sec- reduction, receiving testimony from Michael Brostek, retary of State Cathy Cox, Atlanta; Kansas Secretary Director, Tax Issues, General Accounting Office; of State Ron Thornburgh, Topeka; and John C. Glen L. Bower, Illinois Department of Revenue, Bollinger, Paralyzed Veterans of America, Wade Springfield; Stephen J. Entin, Institute for Research Henderson, Leadership Conference on Civil Rights, on the Economics of Taxation, and Henry J. Aaron, Mary Jane O’Gara, American Association of Retired Brookings Institution, both of Washington, D.C.; Persons, and Raul Yzaguirre, National Council of La Carol Markman, Westbury, New York, on behalf of Raza, all of Washington, D.C. the National Conference of CPA Practitioners and Hearings recessed subject to call. the National Tax Policy Committee; and Jeffrey B. ORGANIZATIONAL MEETING Liebman, Harvard University Kennedy School of Committee on Energy and Natural Resources: Committee Government, Cambridge, Massachusetts. ordered favorably reported an original resolution (S. Hearings continue tomorrow. Res. 49) requesting $2,504,922 for operating ex- BUSINESS MEETING penses for the period from March 1, 2001 through September 30, 2001, $4,443,495 for operating ex- Committee on Health, Education, Labor, and Pensions: penses for the period from October 1, 2001 through Committee began markup of proposed legislation to September 30, 2002, and $1,900,457 for operating extend programs and activities under the Elementary expenses for the period from October 1, 2002 and Secondary Education Act of 1965, but did not through February 28, 2003. complete action thereon, and will meet again tomor- Also, committee adopted its rules of procedure for row. the 107th Congress, and announced the following subcommittee assignments: ORGANIZATIONAL MEETING Subcommittee on Energy Research, Development, Produc- Committee on Indian Affairs: Committee adopted its tion and Regulation: Senators Nickles (Chairman), rules of procedure for the 107th Congress. Domenici (Vice Chairman), Shelby, Hagel, Thomas, Kyl, Craig, Campbell, Burns, Graham (Ranking ORGANIZATIONAL MEETING Member), Akaka, Wyden, Johnson, Landrieu, Bayh, Select Committee on Intelligence: Committee ordered fa- Feinstein, Schumer, and Cantwell. vorably reported an original resolution (S. Res. 47) Subcommittee on Forests and Public Land Management: requesting $1,859,933 for operating expenses for the Senators Craig (Chairman), Burns (Vice Chairman), period from March 1, 2001 through September 30, Domenici, Nickles, Gordon Smith, Thomas, Kyl, 2001, $3,298,074 for operating expenses for the pe- Shelby, Wyden (Ranking Member), Akaka, Johnson, riod from October 1, 2001 through September 30, Landrieu, Bayh, Feinstein, Schumer, and Cantwell. 2002, and $1,410,164 for operating expenses for the Subcommittee on National Parks, Historic Preservation, period from October 1, 2002 through February 28, and Recreation: Senators Thomas (Chairman), Camp- 2003. bell (Vice Chairman), Burns, Gordon Smith, Hagel, Also, committee adopted its rules of procedure for Domenici, Akaka (Ranking Member), Dorgan, the 107th Congress. Graham, Landrieu, Bayh, and Schumer. Subcommittee on Water and Power: Senators Gordon INTELLIGENCE Smith (Chairman), Kyl (Vice Chairman), Craig, Select Committee on Intelligence: Committee held closed Campbell, Shelby, Hagel, Dorgan (Ranking Mem- hearings on intelligence matters, receiving testimony ber), Graham, Wyden, Johnson, Feinstein, and Cant- from officials of the intelligence community. well. Committee meets again Wednesday, March 14.

VerDate 11-MAY-2000 06:09 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR1.REC pfrm02 PsN: D07MR1 D180 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2001 House of Representatives to serve on investigative subcommittees of the Com- Chamber Action mittee on Standards of Official Conduct with addi- Bills Introduced: 29 public bills, H.R. 906–934; 1 tional members to be designated at a later date. private bill, H.R. 935; and 8 resolutions, H.J. Res. Read a letter from the Minority Leader wherein he 35; H. Con. Res. 52–56, and H. Res. 82, 84, were announced his designation of Representative Clyburn introduced. Pages H739–41 to serve on an investigative subcommittee of the Reports Filed: Reports were filed today as follows: Committee on Standards of Official Conduct. H. Res. 83, providing for consideration of H.R. 3, Page H684 to amend the Internal Revenue Code of 1986 to re- Labor Department Ergonomics Regulations: The duce individual income tax rates (H. Rept. 107–12). House passed S.J. Res. 6, a joint resolution pro- Page H739 viding for congressional disapproval of the rule sub- Speaker Pro Tempore: Read a letter from the mitted by the Department of Labor under chapter 8 Speaker wherein he appointed Representative Bonilla of title 5, United States Code, relating to to act as Speaker pro tempore for today. Page H653 ergonomics by a yea and nay vote of 223 yeas to 206 Journal: Agreed to the Speaker’s approval of the nays, Roll No. 33—clearing the measure for the Journal of Tuesday, March 6 by a yea and nay vote President. Pages H684–H708 of 337 yeas to 72 nays with 1 voting ‘‘present’’, Roll Earlier, the House agreed to H. Res. 79, the rule that provided for consideration of the joint resolu- No. 28. Pages H653, H657–58 tion by a yea and nay vote of 222 yeas to 198 nays, Consideration of Suspensions on Wednesday, Roll No. 29. Pages H658–67 March 7: The House agreed to H. Res. 78, pro- viding for the consideration of motions to suspend Committee Resignations: Read a letter from Mr. Sherwood wherein he resigned from the Committees the rules on Wednesday, March 7. Pages H667–68 on Resources, Armed Services, and Transportation Suspensions: The House agreed to suspend the rules and Infrastructure. And, read letters from Mr. and pass the following measures: Knollenberg and Mr. Wamp wherein they resigned Importance of Organ, Tissue, Bone Marrow, and from the Committee on the Budget. Page H708 Blood Donation: H. Con. Res. 31, expressing the Committee Election: The House agreed to H. Res. sense of the Congress regarding the importance of 82, electing members to the following committees of organ, tissue, bone marrow, and blood donation and the House: Appropriations: Mr. Sherwood. Budget: supporting National Donor Day (agreed to by a yea Mr. Doolittle to rank after Mr. Hastings of Wash- and nay vote of 418 yeas with none voting ‘‘nay’’, ington; Mr. LaHood and Ms. Granger to rank after Roll No. 30); Pages H668–72, H681–82 Mr. Portman. Education and the Workforce: Mr. Organ Donation Improvement: H.R. 624, Goodlatte to rank after Mr. Isakson. Page H708 amended, to amend the Public Health Service Act to Senate Messages: Message received from the Senate promote organ donation (passed by a yea and nay appears on page H653. vote of 404 yeas with none voting ‘‘no’’ nays, Roll No. 31); and Pages H672–77, H682 Quorum Calls—Votes: Six yea and nay votes devel- oped during the proceedings of the House today and Honoring the Members of the Virginia Air Na- appear on pages H657–58, H667, H681–82, H682, tional Guard and Florida Army National Guard H683–84, and H707–08. There were no quorum Killed in an Aircraft Crash in South-Central calls. Georgia: H. Con. Res. 47, honoring the 21 mem- bers of the National Guard who were killed in the Adjournment: The House met at 10 a.m. and ad- crash of a National Guard aircraft on March 3, 2001, journed at 12 midnight. in south-central Georgia (agreed to by a yea and nay vote of 413 yeas with none voting ‘‘nay’’, Roll No. Committee Meetings 32). Pages H677–81, H683–84 Recess: The House recessed at 2:31 p.m. and recon- FARM CREDIT SYSTEM—ISSUANCE OF vened at 5:47 p.m. Page H684 NATIONAL CHARTERS Committee on Standards of Official Conduct In- Committee on Agriculture: Held a hearing to review the vestigative Subcommittees: The Chair announced Farm Credit Administration’s proposed rule pro- the Speaker’s appointment of Representative Hulshof viding for the issuance of national charters for the

VerDate 11-MAY-2000 06:09 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR1.REC pfrm02 PsN: D07MR1 March 7, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D181 Farm Credit System. Testimony was heard from Mi- REINVIGORATING U.S. FOREIGN POLICY chael M. Reyna, Chairman and CEO, Farm Credit Committee on International Relations: Held a hearing on Administration; and public witnesses. Reinvigorating U.S. Foreign Policy. Testimony was HHS—BUDGET PRIORITIES heard from Colin Powell, Secretary of State. Committee on the Budget: Held a hearing on Depart- HUMAN RIGHTS PRACTICES ment of Health and Human Services Budget Prior- Committee on International Relations: Subcommittee on ities Fiscal Year 2002. Testimony was heard from International Operations and Human Rights held a Tommy G. Thompson, Secretary of Health and hearing on State Department Country Reports on Human Services; Gail R. Wilensky, Chair, Medicare Human Rights Practices—Road Map for Budgeting Payment Advisory Commission; and public wit- of Democracy and Human Rights Programs of the nesses. State Department? Testimony was heard from public witnesses. LEAVE NO CHILD BEHIND OVERSIGHT Committee on Education and the Workforce: Held a hear- ing on ‘‘Leave No Child Behind.’’ Testimony was Committee on Resources: Held an oversight hearing on heard from Rod Paige, Secretary of Education. the Role of Public Lands in the Development of a Self-Reliant Energy Policy. Testimony was heard BROWNFIELDS CLEANUPS from the following Governors: Tony Knowles, State Committee on Energy and Commerce: Subcommittee on of Alaska; Jim Geringer, State of Wyoming; and Environment and Hazardous Materials held a hearing Judy Martz, State of Montana; and public witnesses. entitled: ‘‘A Smarter Partnership: Removing Barriers ECONOMIC GROWTH AND TAX RELIEF to Brownfields Cleanups.’’ Testimony was heard from ACT Christine Todd Whitman, Administrator, EPA; Committee on Rules: Granted, by a record vote of 8–4, Ruth Ann Minner, Governor, State of Delaware; a modified closed rule on H.R. 3, to amend the In- Robert C. Shinn, Commissioner, Department of En- ternal Revenue Code of 1986 to reduce individual vironmental Protection, State of New Jersey; George income tax rates, providing one hour of debate Meyer, Special Assistant to the Secretary, Depart- equally divided and controlled by the chairman and ment of Natural Resources, State of Wisconsin; and ranking minority member of the Committee on a public witness. Ways and Means. The rule waives all points of order SEC—REDUCING EXCESSIVE FEES against consideration of the bill. The rule provides that the amendment recommended by the Com- Committee on Financial Services: Subcommittee on Cap- mittee on Ways and Means now printed in the bill ital Markets, Insurance, and Government Sponsored shall be considered as adopted. The rule provides for Enterprises held a hearing entitled ‘‘Saving Investors consideration of the amendment in the nature of a Money: Reducing Excessive SEC Fees.’’ Testimony substitute printed in the Rules Committee report ac- was heard from Senators Gramm and Schumer; Laura companying the resolution, if offered by Representa- Unger, Acting Chair, SEC; and public witnesses. tive Rangel or his designee, which shall be consid- GAO VIEWS—NATIONAL DEFENSE AND ered as read and shall be separately debatable for one INTERNATIONAL RELATIONS PROGRAMS hour equally divided and controlled by the pro- ponent and an opponent. The rule waives all points Committee on Government Reform: Subcommittee on of order against the amendment in the nature of a National Security, Veterans’ Affairs, and Inter- substitute. Finally, the rule provides one motion to national Relations held a hearing on ‘‘Vulnerabilities recommit with or without instructions. Testimony to Waste, Fraud, and Abuse: GAO Views on Na- was heard from Chairman Thomas and Representa- tional Defense and International Relations Pro- tives Horn, Smith of Michigan, Flake, Pence, Ran- grams.’’ Testimony was heard from David M. Walk- gel, Tanner, Obey, Stenholm, Spratt, Taylor of Mis- er, Comptroller General, GAO. sissippi, Roemer, Eddie Bernice Johnson of Texas, COMMITTEE FUNDING Tauscher, Hill, and Turner. Committee on House Administration: Met to consider K-12TH GRADE MATH AND SCIENCE funding requests for the following Committees: EDUCATION International Relations; Government Reform, Judici- Committee on Science: Held a hearing on K-12th Grade ary, Small Business; Energy and Commerce; Vet- Math and Science Education: the View from the erans’ Affairs; Budget; Armed Services; Rules; and Blackboard. Testimony was heard from public wit- Ways and Means. nesses.

VerDate 11-MAY-2000 06:09 Mar 08, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07MR1.REC pfrm02 PsN: D07MR1 D182 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 2001 BUDGET VIEWS AND ESTIMATES; lation entitled Better Education For Students and Teach- COMMITTEE BUSINESS ers Act, 9:30 a.m., SH–216. Committee on the Judiciary: business meeting to consider Committee on Transportation and Infrastructure: Ap- pending calendar business, 10 a.m., SD–226. proved Committee Budget Views and Estimates for Committee on Rules and Administration: business meeting Fiscal Year 2002 for submission to the Committee to consider proposed legislation authorizing expenditures on the Budget. for the committees of the Senate for the 107th Congress, The Committee also approved other pending 4 p.m., SR–301. Committee business. Committee on Veterans’ Affairs: to hold joint hearings BUDGET VIEWS AND ESTIMATES with the House Committee on Veterans’ Affairs to exam- ine the legislative recommendations of the Paralyzed Vet- Committee on Veterans’ Affairs: Approved Committee erans of America, Jewish War Veterans, Blinded Veterans Budget Views and Estimates for Fiscal Year 2002 for Association, the Non-Commissioned Officers Association, submission to the Committee on the Budget. and the Military Order of the Purple Heart, 9:30 a.m., ADMINISTRATION’S TRADE AGENDA 345 Cannon Building. Committee on Ways and Means: Held a hearing on the House Administration’s Trade Agenda. Testimony was Committee on Agriculture, to continue hearings to review heard from Robert B. Zoellick, U.S. Trade Rep- the federal farm commodity programs with the barley resentative. growers, 10 a.m., 1300 Longworth. BRIEFING—HANSSEN MATTER Committee on Appropriations, Subcommittee on Agri- culture, Rural Development, Food and Drug Administra- Permanent Select Committee on Intelligence: Met in execu- tion and Related Agencies, on FDA, 9:30 a.m., 2362A tive session to receive a briefing on the Hanssen Rayburn. matter. The Committee was briefed by officials of Subcommittee on Defense, executive, on U.S. Pacific the FBI, Department of Justice. Command and U.S. Forces, Korea, 9:30 a.m., and execu- f tive, on U.S. Central Command, 1:30 p.m., H–140 Cap- itol. COMMITTEE MEETINGS FOR THURSDAY, Subcommittee on Interior, on National Parks Services MARCH 8, 2001 (Natural Resources Initiative), 10 a.m., B–308 Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Military Construction, on Quality of Life in the Military, 9:30 a.m., B–300 Rayburn. Senate Subcommittee on Transportation, on Inspector General, Committee on Armed Services: to hold closed hearings to Department of Transportation, 10 a.m., 2358 Rayburn. examine current and future worldwide threats to the na- Committee on the Budget, hearing on Perspectives on the tional security of the United States, 10 a.m., S–407, Cap- Economic Outlook, 9 a.m., and on Members Day, 1 p.m., itol. 210 Cannon. Committee on the Budget: to resume hearings to examine Committee on Education and the Workforce, Subcommittee the President’s proposed budget request for fiscal year on Education Reform, hearing on ‘‘Measuring Success: 2002, 10 a.m., SD–608. Using Assessments and Accountability to Raise Student Committee on Environment and Public Works: business Achievement,’’ 10:30 a.m., 2175 Rayburn. meeting to mark up S. 350, to amend the Comprehensive Committee on Energy and Commerce, Subcommittee on Environmental Response, Compensation, and Liability Commerce, Trade, and Consumer Protection, hearing en- Act of 1980 to promote the cleanup and reuse of titled: ‘‘The EU Data Protection Directive: Implications brownfields, to provide financial assistance for brownfields for the U.S. Privacy Debate,’’ 10 a.m., 2123 Rayburn. revitalization, to enhance State response programs, 9:30 Subcommittee on Telecommunications and the Inter- a.m., SD–406. net, hearing entitled ‘‘Technology and Education: A Re- Committee on Finance: to hold hearings on issues relating view of Federal, State and Private Sector Programs,’’ 10 to the family tax burden, 10 a.m., SD–215. a.m., 2322 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Financial Services, to consider Committee ine foreign policy issues and the President’s proposed Budget Views and Estimates for Fiscal Year 2002 for budget request for fiscal year 2002 for the Department submission to the Committee on the Budget, 9:30 a.m., of State, 10:30 a.m., SD–419. 2128 Rayburn. Committee on Governmental Affairs: organizational busi- Committee on the Judiciary, to mark up the following: ness meeting to consider proposed legislation requesting H.R. 809, Antitrust Technical Corrections Act of 2001; funds for the committee’s operating expenses, sub- S. 320, Intellectual Property and High Technology Tech- committee assignments, and rules of procedure for the nical Amendments Act of 2001; H.R. 802, Public Safety 107th Congress, 2 p.m., SD–342. Officer Medal of Valor Act of 2001; H.R. 741, to amend Committee on Health, Education, Labor, and Pensions: busi- the Trademark Act of 1946 to provide for the registration ness meeting to continue consideration of proposed legis- and protection of trademarks used in commerce, in order

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to carry out provisions of certain international conven- Committee on Transportation and Infrastructure, Sub- tions; H.R. 860, Multidistrict, Multiforum Trial Jurisdic- committee on Coast Guard and Maritime Transportation, tion Act of 2001; H.R. 861, to make technical changes to hold a Coast Guard briefing, 10 a.m., followed by a to Title 9, United States Code, to correct typographical hearing on the Coast Guard Fiscal Year 2001 Supple- error in a provision relating to arbitration; and Budget mental Funding Needs, 2167 Rayburn. Views and Estimates on the Fiscal Year 2002 Budget for submission to the Committee on the Budget, 10 a.m., Joint Meetings 2141 Rayburn. Subcommittee on Crime, hearing on H.R. 863, Con- Joint Meetings: Senate Committee on Veterans’ Affairs, sequences for Juvenile Offenders Act of 2001, 1 p.m., to hold joint hearings with the House Committee on 2237 Rayburn. Veterans’ Affairs to examine the legislative recommenda- Committee on Resources, Subcommittee on Forests and tions of the Paralyzed Veterans of America, Jewish War Forest Health, hearing on the National Fire Plan Imple- Veterans, Blinded Veterans Association, the Non-Com- mentation, 10 a.m., 1324 Longworth. missioned Officers Association, and the Military Order of Subcommittee on National Parks, Recreation and Pub- the Purple Heart, 9:30 a.m., 345 Cannon Building. lic Lands, hearing on the following bills: H.R. 107, to Joint Economic Committee: to hold hearings to examine require that the Secretary of the Interior conduct a study the status of proposed reforms relating to International to identify sites and resources, to recommend alternatives Monetary Fund financial structure and transparency, IMF for commemorating and interpreting the Cold War; H.R. interest subsidies, moral hazard, and effectiveness of IMF 400, to authorize the Secretary of the Interior to establish operations; World Bank financing and effectiveness and the Ronald Reagan Boyhood Home National Historic IMF programs in Argentina, Turkey, and certain other Site; and H.R. 452, Ronald Reagan Memorial Act of countries, 10 a.m., 2360 Rayburn Building. 2001, 10 a.m., 1334 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 8 10 a.m., Thursday, March 8

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 3, Eco- ation of S. 420, Bankruptcy Reform. nomic Growth and Tax Relief Act (modified closed rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hall, Tony P., Ohio, E305 Neal, Richard E., Mass., E300, E302, E304 Israel, Steve, N.Y., E309 Oxley, Michael G., Ohio, E297 Baldacci, John Elias, Maine, E293, E296 Jones, Walter B., N.C., E298 Rahall, Nick J., II, W.Va., E303 Barcia, James A., Mich., E297 Kanjorski, Paul E., Pa., E298 Rodriguez, Ciro D., Tex., E307 Boehlert, Sherwood L., N.Y., E294 Kucinich, Dennis J., Ohio, E294 Rogers, Harold, Ky., E297 Boyd, Allen, Fla., E305 Lampson, Nick, Tex., E301 Ros-Lehtinen, Ileana, Fla., E295 Brown, Henry E., Jr., S.C., E302 Langevin, Jim, R.I., E305 Schaffer, Bob, Colo., E308 Burton, Dan, Ind., E298 Lantos, Tom, Calif., E299 Solis, Hilda, Calif., E304 Costello, Jerry F., Ill., E304 Lee, Barbara, Calif., E304 Stark, Fortney Pete, Calif., E295 Crane, Philip M., Ill., E308 Lucas, Ken, Ky., E297 Towns, Edolphus, N.Y., E300, E302, E304, E305 DeLay, Tom, Tex., E300 McInnis, Scott, Colo., E293, E293, E295, E296, E296 Udall, Mark, Colo., E302 Engel, Eliot L., N.Y., E299 Moore, Dennis, Kansas, E302 Woolsey, Lynn C., Calif., E293 Green, Mark, Wisc., E298 Nadler, Jerrold, N.Y., E296

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