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

Vol. 145 WASHINGTON, TUESDAY, NOVEMBER 16, 1999 No. 162 House of Representatives

The House met at 10:30 a.m.

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VerDate 29-OCT-99 00:45 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A16NO7.000 pfrm02 PsN: H16PT1 H11974 CONGRESSIONAL RECORD — HOUSE November 16, 1999 MORNING HOUR DEBATES enues that are generated from new de- in than there is required to pay current The SPEAKER. Pursuant to the velopment and growth to help solve re- benefits. That is what is called the So- order of the House of January 19, 1999, gional problems on a regional basis? cial Security surplus, and what Repub- the Chair will now recognize Members Why do we not, in this region, recog- licans decided several months ago is from lists submitted by the majority nize that unbalanced growth, when that we were going to hold the line on and minority leaders for morning hour high activity on the western end and the budget not to spend the Social Se- debates. The Chair will alternate rec- the decline in the eastern portion of curity surplus for other government ognition between the parties, with each the region has huge negative implica- programs and instead use that money party limited to not to exceed 30 min- tions for both areas? to pay down what I call the Wall Street utes, and each Member except the ma- There is a marvelous document that debt or the debt held by the public. I have introduced a Social Security jority leader, the minority leader or has been prepared by the Brookings In- bill every year since I have been in the minority whip limited to not to ex- stitution Center for Urban and Metro- Congress, every session since I have ceed 5 minutes. politan Policy called A Region Divided, been in Congress since 1993. I just in- The Chair recognizes the gentleman a Study of Growth in Greater Wash- ington, D.C. It documents the great troduced the most recent improved So- from Oregon (Mr. BLUMENAUER) for 5 cial Security bill last month, and it minutes. strengths that we have in the capital region, the wealth, the booming econ- was based on our task force report, our f omy, the affordable housing, the brain bipartisan task force report, where Re- publicans and Democrats came to- UNPLANNED GROWTH, THIS power, and the unifying forces that we gether to agree on the findings. The PROBLEM MUST BE ADDRESSED have with the Federal Government, the media, the historical context, but we bill I introduced reflects these findings. Mr. BLUMENAUER. Mr. Speaker, on are currently a region divided, as docu- Let me briefly go over this chart. the front page of newspapers across mented by this report. Number one, it allows workers to in- America today there is another sad epi- I hope that as we in Congress begin a vest a portion of their Social Security sode, this time in Alabama, of reckless new year, that every Member in the tax. It starts at 2.5 percent of your tax- behavior on the road, talking about House and Senate, as they review their able payroll. That is now $76,000. Over road rage where a woman killed an- agenda to make America better, will the years, it increases. It can only be other after a traffic confrontation. review this report and reflect on ways used for retirement but it is in the The story in this morning’s Post is that we can help make our capital re- worker’s name so that politicians in replete with examples of how their gion one of America’s most livable Washington cannot steal it like they lives were stressed as a result of un- communities where our families are have in the past. planned growth, congestion, traffic and safe, healthy and economically secure. In 1997, when Social Security money was short, we passed a law that says we sprawl in their community. Last week, f I discussed at some length on the floor are going to reduce benefits and in- of this Chamber the very real health THE TIME HAS PASSED FOR JUST crease taxes. Again in 1983, when Social implications of unplanned growth TALKING AND RHETORIC. LET Security revenues were short of the re- across America. US DO SOMETHING ABOUT SO- quirement for benefits, we increased Before Congress adjourns, I think it CIAL SECURITY NOW taxes and cut benefits. Let us not do is important for us to reflect on the The SPEAKER pro tempore (Mr. that again. This bill does not increase taxes. Sev- fact that how we plan and build our OSE). Under the Speaker’s announced community makes a huge difference, policy of January 19, 1999, the gen- enty-two percent of all the workers in the United States now pay more in the and I think it important for us to re- tleman from Michigan (Mr. SMITH) is Social Security tax than they do in the flect on it here in the Washington, D.C. recognized during morning hour de- capital area. income tax. Let us not increase taxes. bates for 5 minutes. It repeals the Social Security earn- While I personally welcome the at- Mr. SMITH of Michigan. Mr. Speak- ings test so senior citizens, if they tention that has been received by the er, I want to talk about Social Secu- want to work, do not have their Social District of Columbia in activities re- rity. We have heard a lot of talk about Security check reduced for the amount cently for the District, it is not enough it. they work. That needs to be changed to for us to focus on livability just as it The President 2 years ago in his allow seniors to work if they want to. relates to Washington, D.C. We need to State of the Union message said, let us It gives workers the choice to retire be thinking broadly about the health start putting Social Security first. Re- as early as 591⁄2 years old and start tak- and livability of the entire 17-govern- publicans have said that and Demo- ing their personal retirement savings ment region in metropolitan Wash- crats have said that. So we are doing a account out. ington, D.C. We cannot separate the lot of talking but we are not doing a We also have a provision that encour- health of our region from larger issues. great deal of putting Social Security ages individuals, if they want to wait Citizens throughout this region, as I first. until they are 70, it substantially in- meet with them, are asking themselves We have taken maybe a giant step in creases their benefits by 8 percentage the right questions. Is it not possible the conviction of the Republicans not points for every year that they delay for people in our Nation’s capital to to spend the Social Security surplus, taking their Social Security check. In think more comprehensively about and so we have made a decision that other words, if they delay 3 years, it is land use and transportation and put despite the fact that there are more a 24 percent increase in what they those pieces together in a thoughtful revenues coming into the Federal Gov- would otherwise get. One year would be way? Is it possible to avoid the obvious ernment than we have seen for a long, 8 percent; 2 years 16 percent. disconnect between massive infrastruc- long time, and the revenues coming in It gives each spouse equal shares of ture investments and access, like we are both what is called on budget, the personal retirement savings ac- have seen the marvelous front page which means the income tax and all count and increases widow and widower stories and pictures where the Red- other revenues except for the Social benefits up to 110 percent. skins stadium has inspired massive Security tax, and Social Security tax As I met with widows and widowers, gridlock, traffic congestion and frus- is now 12.4 percent of most of what ev- they said, look, you are dramatically tration? People are asking whether or erybody makes, what is happening is it taking so much of the Social Security not the Federal Government cannot be is a pay-as-you-go program. Social Se- check away when one of the spouses die leading by example here in metropoli- curity gets their Social Security, the that we cannot afford to live in our tan areas, using the resources and pres- FICA tax, the payroll tax, money in home anymore. ence of the Federal Government to every week and almost immediately it So we increased that up to 110 per- make a difference? is sent out in benefits. cent of the maximum benefit they were People are asking, is it not possible Since we dramatically increased the getting. in the metropolitan capital region for Social Security tax in 1983, there is a It reinforces the safety net for low us to take a tiny percentage of the rev- little more Social Security tax coming income and disabled workers. It passes

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.001 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11975 the Social Security Administration’s work and family and responsibility. As years ago, $100 billion this past year. 75-year solvency test. In fact, the a result of that, Illinois’ welfare rolls This coming year we expect to pay economists suggest that if we were able have been cut in half. down $150 billion and over the next 10 to put this bill into law, it would keep Those are successes, accomplish- years we should pay down two-thirds of Social Security solvent forever. It is ments that I am proud of and proud to the national debt, $2.2 trillion. It is an not going to reduce the existing bene- be part of. That is pretty good. People important step as we work to pay down fits for current retirees or near-term often say the budget was balanced, the debt which is so important if we retirees. It is something we need to taxes for the middle class were cut, consider our future for America’s chil- look at if we are serious about saving welfare reform was enacted, but that is dren. Social Security. history. What is going to be done next? The third question I am often asked The time has passed for just talking Our agenda here in the Republican is, and folks get frustrated, they are and rhetoric. Let us do something majority is a simple agenda. We want frustrated that our Nation’s tax burden about it. Mr. Speaker, I hope that to strengthen our local schools. We is so high, that only in time of war, in every American voting next year will want to pay down the national debt. World War II, at the end of World War be asking their candidates for the We want to lower taxes for middle class II, was the tax burden higher than it is President and the Congress what their families. We also want to strengthen today. Forty percent of the average Il- plan is to save Social Security and our retirement security system of linois’ income goes to Washington and really put it first. Medicare and Social Security. Our Springfield. f agenda responds to the concerns that I Unfortunately, the President vetoed often hear. Whether in the union halls, our effort to eliminate the marriage THE MESSAGE IS, WE WANT TO the steel working union halls in the tax penalty. My hope is we will come CHANGE HOW WASHINGTON 10th Ward of Chicago or the VFW or back and do that. WORKS Legions in Joliet or the grain elevators Mr. Speaker, let us stop the raid on The SPEAKER pro tempore. Under in Tonica or Ottawa, I am often asked Social Security. Let us balance the the Speaker’s announced policy of Jan- several questions. One of the most budget. Let us eliminate the marriage uary 19, 1999, the gentleman from Illi- basic questions I am asked time and tax penalty. Let us help our schools nois (Mr. WELLER) is recognized during time again is, when are the folks in and let us strengthen Social Security morning hour debates for 5 minutes. Washington going to stop spending the and Medicare. Mr. WELLER. Mr. Speaker, I have Social Security surplus? When are the f the privilege of representing one of folks in Washington going to break THE CASE OF LINDA SHENWICK America’s most diverse districts, rep- that bad habit that has gone on for 30 resenting the south side of Chicago, the years, where Washington has dipped The SPEAKER pro tempore. Under south suburbs in Cook and Will Coun- into the Social Security trust fund, the Speaker’s announced policy of Jan- ties, bedroom communities like Morris raided the Social Security trust fund uary 19, 1999, the gentleman from Flor- and a lot of cornfields and farm towns, to spend on other things? ida (Mr. STEARNS) is recognized during too. When one represents such a di- I am proud to say, Mr. Speaker, that morning hour debates for 5 minutes. verse district, they learn to listen. I our goal as Republicans is to stop the Mr. STEARNS. Mr. Speaker, there find even though I represent city and raid on Social Security. are times when Congress must act to suburbs and country, that there is a I am proud to say that the White protect the interests of individuals, in common message and that message is House has recognized this. At the be- particular Federal civil servants who we want to change how Washington ginning of the year, of course, the have been unfairly harmed by the ac- works. They want us to work together President called for spending 62 percent tions of the Federal Government. to find solutions and meet the chal- of the Social Security surplus on So- Recently, Congress acted to protect lenges that we face. cial Security and then the other 38 per- Billy Dale and the other employees of Now, a question is often asked from a cent on other priorities. Well, we said the White House Travel Office who historical perspective: Has this Con- no; it is time to stop the raid on Social were unfairly removed from their jobs gress in the last 5 years of the Repub- Security. and who were illegally targeted for in- lican majority responded to that call I was pleased to see this quote here vestigation and prosecution. This Con- to change how Washington works and, from the chief of staff of the President gress acted to protect those workers of course, look for solutions and enact when they finally recognized that Re- and to pay for their legal expenses. solutions to the challenges that we publicans were serious about stopping Another case has presented itself face? the raid on Social Security. Let me that behooves Congressional action I am proud to say that in the last 5 quote John Podesta, chief of staff to also. The case I speak of is the case of years, we have. I was told when I was the President. The Republican’s key Linda Shenwick. Linda Shenwick has first elected to Congress there is no goal is not to spend the Social Security been an exemplary public servant since way we can balance the budget. They surplus. Republicans want to stop the she started working at the State De- failed to do it for 28 years. There is no raid on Social Security. partment in 1979. The Weekly Standard way we can cut taxes and balance the I am pleased to say that just a few reported that Ms. Shenwick was driven budget at the same time. They told us weeks ago that the Congressional by a sense of public service and an in- that the welfare system which had put Budget Office, nonpartisan Congres- terest in foreign affairs. more children in poverty than ever be- sional Budget Office, issued a letter In 1984, Ms. Shenwick was transferred fore had failed for a long time so no- saying that the budget that we have to the U.S. mission to the United Na- body can fix that either, but I am enacted, the budget that we have tions where she first was assigned to proud to say that we did. passed even though the President ve- handle personnel and budget issues. We balanced the budget for the first toed part of it, did not spend one dime She quickly carved out a reputation for time in 28 years and now we are debat- of the Social Security trust fund. diligence and hard work, which won ing what to do with the projected $3 The other question I am often asked her three consecutive outstanding rat- trillion surplus. We cut taxes for the by folks back home is no one ever talks ings, the highest given, between 1987 middle class and, in my home State, about paying down the national debt. and July of 1989. Her performance also that first middle class tax cut in 16 Washington spent beyond its means for won her regular promotions and in 1988 years now means that 3 million Illinois 28 years, running up a $3.4 trillion na- she was admitted to the Senior Execu- children qualify for the $500 per child tional debt. Is it not time to start pay- tive Service, an elite corps of Federal tax credit. That is $1.5 billion a year ing that off? civil servants. that stays home in Illinois, helping Il- I am proud to say that over the last In August 1991 and again in Novem- linois families, rather than being spent 2 years we have made a down payment ber 1993, representatives of the other here in Washington. on paying down the national debt. We U.N. member states elected Shenwick We enacted the first real welfare re- paid down $150 billion of the public to serve on the influential Advisory form in over a generation, emphasizing debt over the last 2 years; $50 billion 2 Committee on Administrative and

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.061 pfrm02 PsN: H16PT1 H11976 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Budgetary Questions, which rec- such injustices cannot be allowed to people all Your grace enables us to be- ommends how U.N. money and per- continue. come. sonnel should be allocated. These votes Recently, 52 of my colleagues joined Turn this parliamentary pause, Fa- of confidence reflected the respect ac- me in sending a letter to Secretary ther, into our perfect prayer. Amen. corded to her by U.N. officials and her Albright requesting that the Ms. f service on the committee helped her Shenwick matter be resolved. acquire a detailed knowledge of the Mr. Speaker, we must take a stand THE JOURNAL Byzantine U.N. budget process. against the abuse of a Federal civil The SPEAKER pro tempore. The In her position, Ms. Shenwick repeat- servant who has done nothing but pro- Chair has examined the Journal of the edly found evidence of deliberate tect the interests of U.S. taxpayers and last day’s proceedings and announces waste, fraud and mismanagement in our Nation. to the House his approval thereof. the United Nations. When she began re- Mr. Speaker, I urge my colleagues to Pursuant to clause 1, rule I, the Jour- porting such evidence to her superiors let the State Department know that nal stands approved. at the start of the Clinton administra- they cannot continue to punish em- Mr. GIBBONS. Mr. Speaker, pursuant tion, her reports were ignored. ployees who are whistleblowers. to clause 1, rule I, I demand a vote on For instance, Ms. Shenwick reported f agreeing to the Speaker’s approval of in February 1993 that she had seen pic- the Journal. RECESS tures of large amounts of U.S. currency The SPEAKER pro tempore. The stored openly on tables in Somalia. The SPEAKER pro tempore. Pursu- question is on the Chair’s approval of Without any recourse to prevent such ant to clause 12 of rule I, the Chair de- the Journal. budgetary abuse, she began notifying clares the House in recess until noon. The question was taken; and the key Members of Congress about what Accordingly (at 10 o’clock and 51 Speaker pro tempore announced that she knew. minutes a.m.), the House stood in re- the ayes appeared to have it. It later became public in April of 1994 cess until noon. Mr. GIBBONS. Mr. Speaker, I object that $3.9 million of U.N. cash was re- f to the vote on the ground that a ported stolen in Somalia. Ms. quorum is not present and make the b 1200 Shenwick’s work helped Congress force point of order that a quorum is not the U.N. to create an Office of Inspec- AFTER RECESS present. tor General to end such fraud and mis- The recess having expired, the House The SPEAKER pro tempore. Pursu- management that occurred in Somalia. ant to clause 8, rule XX, further pro- Mr. Speaker, how has the Clinton ad- was called to order by the Speaker pro tempore (Mr. OSE) at noon. ceedings on this question will be post- ministration and the State Department poned. f rewarded the stellar career of one of The point of no quorum is considered the most valuable civil servants this PRAYER withdrawn. Nation has known? They began to sab- otage her career by threatening her di- The Reverend Dr. Theodore Schnei- f der, Bishop of Washington, Evangelical rectly with removal from her position, PLEDGE OF ALLEGIANCE with threats to destroy her financially Lutheran Church in America, Wash- and by beginning a process of false ac- ington, D.C., offered the following The SPEAKER pro tempore. Will the cusations and unsatisfactory reviews prayer: gentleman from Puerto Rico (Mr. RO- ´ to harm her personnel files. A hush has fallen over the House, MERO-BARCELO) come forward and lead Lord, and well it should. the House in the Pledge of Allegiance. What they deliberately did to Ms. ´ Shenwick was to set her up so that You are the creator and You sustain Mr. ROMERO-BARCELO led the they could claim a cause for her re- all things. Before You the generations Pledge of Allegiance as follows: moval. However, the evidence is abun- rise and fall, before You, Lord, nations I pledge allegiance to the Flag of the dantly clear that Ms. Shenwick was a have come and they have gone. United States of America, and to the Repub- remarkable civil servant dedicated to We have been called by our people to lic for which it stands, one nation under God, indivisible, with liberty and justice for all. her job. manage the things of government. She has proven to be an invaluable They expect of us integrity, wisdom f asset for our Nation in confronting and vision. They hunger for justice, for good and equal opportunities, so they DISPENSING WITH CALL OF U.N. waste, fraud and abuse and mis- PRIVATE CALENDAR ON TODAY management. She has been unfairly may be all they are able to become. and illegally removed from her Federal We have been called by You, Lord, as Mr. SENSENBRENNER. Mr. Speak- position in contradiction to Federal stewards of lands, of resources, of er, I ask unanimous consent that the law to protect civil servants, in con- human and social opportunities, and of call of the Private Calendar be dis- tradiction to Federal laws to protect the things that make for peace and fos- pensed with today. whistleblowers. ter posterity. You call us to be cham- The SPEAKER pro tempore. Is there She should be reinstated to her pions of justice and protectors of the objection to the request of the gen- former position, reimbursed for her poor. tleman from Wisconsin? personal expenses and have her per- Watch over us as we continue our de- There was no objection. sonal files expunged of any unsatisfac- bates upon fiscal budgets and the f tory reviews or other false evidence to works of our government that initiate, justify those reviews. protect and nurture hope and the well- CONFERENCE REPORT ON H.R. 2116, In fact, I offered an amendment to being of our people and our commu- VETERANS MILLENNIUM HEALTH the State Department reauthorization nities. Keep before us the needs of all CARE AND BENEFITS ACT bill that provided State Department our people, especially those that would Mr. STUMP submitted the following employees such as she who, ‘‘in the be so easy to forget; the homeless, the conference report and statement on the performance of their duties inform the sick, the destitute, the aged, and all bill (H.R. 2116) to amend title 38, Congress of pertinent facts concerning who have none to care for them. United States Code, to establish a pro- their responsibilities should not, as a Let Your Spirit nurture our thirst for gram of extended care services for vet- result, be demoted or removed from the things that make for peace in our erans and to make other improvements their current position or from Federal land and among the nations of this in health care programs of the Depart- employment.’’ earth. ment of Veterans Affairs: That amendment passed handily by a Through our people You have called CONFERENCE REPORT (H. REPT. 106–470) vote of 287-to-136, with 72 Democrat us, Lord, to be stewards of all you have The committee of conference on the dis- Members’ support. so graciously bestowed upon us. Clear agreeing votes of the two Houses on the I believe we need to send a strong our minds, open our hearts, and extend amendments of the Senate to the bill (H.R. message by reiterating our belief that our vision so that we might be for our 2116), to amend title 38, United States Code,

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.003 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11977 to establish a program of extended care serv- TITLE IV—CONSTRUCTION AND Sec. 903. Homeless veterans programs. ices for veterans and to make other improve- FACILITIES MATTERS Sec. 904. Plan for evaluation of performance of ments in health care programs of the Depart- Sec. 401. Authorization of major medical facil- programs to assist homeless vet- ment of Veterans Affairs, having met, after ity projects. erans. full and free conference, have agreed to rec- Sec. 402. Authorization of major medical facil- TITLE X—UNITED STATES COURT OF ommend and do recommend to their respec- ity leases. APPEALS FOR VETERANS CLAIMS tive Houses as follows: Sec. 403. Authorization of appropriations. Sec. 1001. Short title. That the House recede from its disagree- TITLE V—BENEFITS AND EMPLOYMENT Sec. 1002. Definition. ment to the amendment of the Senate to the MATTERS Subtitle A—Transitional Provisions To Stagger text of the bill and agree to the same with an Terms of Judges amendment as follows: Subtitle A—Compensation and DIC Sec. 1011. Early retirement authority for cur- In lieu of the matter proposed to be in- Sec. 501. Dependency and indemnity compensa- rent judges. serted by the Senate amendment, insert the tion for surviving spouses of Sec. 1012. Modified terms for next two judges following: former prisoners of war. appointed to the Court. Sec. 502. Reinstatement of certain benefits for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle B—Other Matters Relating to Retired remarried surviving spouses of (a) SHORT TITLE.—This Act may be cited as Judges the ‘‘Veterans Millennium Health Care and veterans upon termination of Sec. 1021. Recall of retired judges. Benefits Act’’. their remarriage. Sec. 503. Presumption that bronchiolo-alveolar Sec. 1022. Judges’ retired pay. (b) TABLE OF CONTENTS.—The table of con- Sec. 1023. Survivor annuities. carcinoma is service-connected. tents of this Act is as follows: Sec. 1024. Limitation on activities of retired Sec. 1. Short title; table of contents. Subtitle B—Employment judges. Sec. 2. References to title 38, United States Sec. 511. Clarification of veterans’ civil service Subtitle C—Rotation of Service of Judges as Code. employment opportunities. Chief Judge of the Court Sec. 3. Secretary and Department defined. TITLE VI—MEMORIAL AFFAIRS MATTERS Sec. 1031. Repeal of separate appointment of TITLE I—ACCESS TO CARE Subtitle A—American Battle Monuments chief judge. Subtitle A—Long-Term Care Commission Sec. 1032. Designation and term of chief judge Sec. 101. Requirement to provide extended care of Court. Sec. 601. Codification and expansion of author- services. Sec. 1033. Salary. ity for World War II memorial. Sec. 102. Pilot programs relating to long-term Sec. 1034. Precedence of judges. Sec. 602. General authority to solicit and re- care. Sec. 1035. Conforming amendments. Sec. 103. Pilot program relating to assisted liv- ceive contributions. Sec. 1036. Applicability of amendments. Sec. 603. Intellectual property and related ing. TITLE XI—VOLUNTARY SEPARATION items. INCENTIVE PROGRAM Subtitle B—Other Access-to-Care Matters Sec. 604. Technical amendments. Sec. 111. Reimbursement for emergency treat- Sec. 1101. Short title. Subtitle B—National Cemeteries Sec. 1102. Plan for payment of voluntary sepa- ment in non-Department of Vet- ration incentive payments. erans Affairs facilities. Sec. 611. Establishment of additional national Sec. 1103. Voluntary separation incentive pay- Sec. 112. Eligibility for care of combat-injured cemeteries. ments. veterans. Sec. 612. Use of flat grave markers at Santa Fe National Cemetery, New Mexico. Sec. 1104. Effect of subsequent employment with Sec. 113. Access to care for TRICARE-eligible the Government. military retirees. Sec. 613. Independent study on improvements to veterans’ cemeteries. Sec. 1105. Additional agency contributions to Sec. 114. Treatment and services for drug or al- Civil Service Retirement and Dis- Subtitle C—Burial Benefits cohol dependency. ability Fund. Sec. 115. Counseling and treatment for veterans Sec. 621. Independent study on improvements to Sec. 1106. Continued health insurance cov- who have experienced sexual veterans’ burial benefits. erage. trauma. TITLE VII—EDUCATION AND HOUSING Sec. 1107. Prohibition of reduction of full-time Sec. 116. Specialized mental health services. MATTERS equivalent employment level. TITLE II—MEDICAL PROGRAM Sec. 1108. Regulations. Subtitle A—Education Matters ADMINISTRATION Sec. 1109. Limitation; savings clause. Sec. 201. Medical care collections. Sec. 701. Availability of Montgomery GI Bill Sec. 1110. Eligible employees. Sec. 202. Health Services Improvement Fund. benefits for preparatory courses SEC. 2. REFERENCES TO TITLE 38, UNITED Sec. 203. Allocation to health care facilities of for college and graduate school STATES CODE. amounts made available from entrance exams. Except as otherwise expressly provided, when- Medical Care Collections Fund. Sec. 702. Determination of eligibility period for ever in this Act an amendment or repeal is ex- Sec. 204. Authority to accept funds for edu- members of the Armed Forces com- pressed in terms of an amendment to, or repeal cation and training. missioned following completion of of, a section or other provision, the reference Sec. 205. Extension of certain authorities. officer training school. shall be considered to be made to a section or Sec. 206. Reestablishment of Committee on Post- Sec. 703. Report on veterans’ education and vo- other provision of title 38, United States Code. Traumatic Stress Disorder. cational training benefits pro- SEC. 3. SECRETARY AND DEPARTMENT DEFINED. Sec. 207. State home grant program. vided by the States. For purposes of this Act— Sec. 208. Expansion of enhanced-use lease au- Sec. 704. Technical amendments. (1) the term ‘‘Secretary’’ means the Secretary thority. Subtitle B—Housing Matters of Veterans Affairs; and Sec. 209. Ineligibility for employment by Vet- (2) the term ‘‘Department’’ means the Depart- Sec. 711. Extension of authority for housing ment of Veterans Affairs. erans Health Administration of loans for members of the Selected health care professionals who Reserve. TITLE I—ACCESS TO CARE have lost license to practice in one Sec. 712. Technical amendment relating to tran- Subtitle A—Long-Term Care jurisdiction while still licensed in sitional housing loan guarantee SEC. 101. REQUIREMENT TO PROVIDE EXTENDED another jurisdiction. program. CARE SERVICES. Sec. 210. Report on coordination of procurement (a) REQUIRED NURSING HOME CARE.—(1) TITLE VIII—DEPARTMENT OF VETERANS of pharmaceuticals and medical Chapter 17 is amended by inserting after section AFFAIRS ADMINISTRATIVE MATTERS supplies by the Department of 1710 the following new section: Sec. 801. Enhanced quality assurance program Veterans Affairs and the Depart- ‘‘§ 1710A. Required nursing home care within the Veterans Benefits Ad- ment of Defense. ‘‘(a) The Secretary shall provide nursing home Sec. 211. Reimbursement of medical expenses of ministration. care which the Secretary determines is needed veterans located in Alaska. Sec. 802. Extension of authority to maintain a regional office in the Republic of (1) to any veteran in need of such care for a TITLE III—MISCELLANEOUS MEDICAL service-connected disability, and (2) to any vet- PROVISIONS the Philippines. Sec. 803. Extension of Advisory Committee on eran who is in need of such care and who has Sec. 301. Review of proposed changes to oper- Minority Veterans. a service-connected disability rated at 70 percent ation of medical facilities. Sec. 804. Technical amendment to automobile or more. Sec. 302. Patient services at Department facili- ‘‘(b)(1) The Secretary shall ensure that a vet- assistance program. ties. eran described in subsection (a) who continues Sec. 303. Chiropractic treatment. TITLE IX—HOMELESS VETERANS to need nursing home care is not, after place- Sec. 304. Designation of hospital bed replace- PROGRAMS ment in a Department nursing home, transferred ment building at Ioannis A. Sec. 901. Homeless veterans’ reintegration pro- from the facility without the consent of the vet- Lougaris Department of Veterans grams. eran, or, in the event the veteran cannot pro- Affairs Medical Center, Reno, Ne- Sec. 902. Extension of program of housing as- vide informed consent, the representative of the vada. sistance for homeless veterans. veteran.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.001 pfrm02 PsN: H16PT1 H11978 CONGRESSIONAL RECORD — HOUSE November 16, 1999

‘‘(2) Nothing in subsection (a) may be con- ‘‘(2) In implementing subsection (c), the Sec- (h) EFFECTIVE DATE.—(1) Except as provided strued as authorizing or requiring that a vet- retary shall develop a methodology for estab- in paragraph (2), the amendments made by this eran who is receiving nursing home care in a lishing the amount of the copayment for which section shall take effect on the date of the en- Department nursing home on the date of the en- a veteran described in subsection (c) is liable. actment of this Act. actment of this section be displaced, transferred, That methodology shall provide for— (2) Subsection (c) of section 1710B of title 38, or discharged from the facility. ‘‘(A) establishing a maximum monthly copay- United States Code (as added by subsection (b)), ‘‘(c) The provisions of subsection (a) shall ter- ment (based on all income and assets of the vet- shall take effect on the effective date of regula- minate on December 31, 2003.’’. eran and the spouse of such veteran); tions prescribed by the Secretary of Veterans Af- (2) The table of sections at the beginning of ‘‘(B) protecting the spouse of a veteran from fairs under subsections (c) and (d) of such sec- such chapter is amended by inserting after the financial hardship by not counting all of the in- tion. The Secretary shall publish the effective item relating to section 1710 the following new come and assets of the veteran and spouse (in date of such regulations in the Federal Register. item: the case of a spouse who resides in the commu- (3) The provisions of section 1710(f) of title 38, United States Code, shall not apply to any day ‘‘1710A. Required nursing home care.’’. nity) as available for determining the copay- ment obligation; and of nursing home care on or after the effective (b) REQUIRED NONINSTITUTIONAL EXTENDED ‘‘(C) allowing the veteran to retain a monthly date of regulations under paragraph (2). CARE SERVICES.—Section 1701 is amended by personal allowance. (i) REPORT.—Not later than January 1, 2003, adding at the end the following new paragraph: ‘‘(e)(1) There is established in the Treasury of the Secretary shall submit to the Committees on ‘‘(10)(A) During the period beginning on the the United States a revolving fund known as the Veterans’ Affairs of the Senate and House of date of the enactment of the Veterans Millen- Department of Veterans Affairs Extended Care Representatives a report on the operation of this nium Health Care and Benefits Act and ending Fund (hereinafter in this section referred to as section (including the amendments made by this on December 31, 2003, the term ‘medical services’ the ‘fund’). Amounts in the fund shall be avail- section). The Secretary shall include in the includes noninstitutional extended care services. able, without fiscal year limitation and without report— ‘‘(B) For the purposes of subparagraph (A), further appropriation, exclusively for the pur- (1) the Secretary’s assessment of the experi- the term ‘noninstitutional extended care serv- pose of providing extended care services under ence of the Department under the provisions of ices’ means such alternatives to institutional ex- subsection (a). this section; (2) the costs incurred by the Department tended care which the Secretary may furnish (i) ‘‘(2) All amounts received by the Department under the provisions of this section and a com- directly, (ii) by contract, or (iii) (through provi- under this section shall be deposited in or cred- parison of those costs with the Secretary’s esti- sion of case management) by another provider ited to the fund.’’. mate of the costs that would have been incurred or payor.’’. (2) The table of sections at the beginning of by the Secretary for extended care services if (c) PROGRAM OF EXTENDED CARE SERVICES.— such chapter is amended by inserting after the (1) Chapter 17 is amended by inserting after sec- this section had not been enacted; and item relating to section 1710A, as added by sub- (3) the Secretary’s recommendations, with re- tion 1710A, as added by subsection (a), the fol- section (a)(2), the following new item: lowing new section: spect to the provisions of section 1710A(a) of ‘‘1710B. Extended care services.’’. ‘‘§ 1710B. Extended care services title 38, United States Code, as added by sub- (d) ADULT DAY HEALTH CARE.—Section section (a), and with respect to the provisions of ‘‘(a) The Secretary (subject to section 1720(f)(1)(A) is amended to read as follows: section 1701(10) of such title, as added by sub- 1710(a)(4) of this title and subsection (c) of this ‘‘(f)(1)(A) The Secretary may furnish adult section (b), as to— section) shall operate and maintain a program day health care services to a veteran enrolled (A) whether those provisions should be ex- to provide extended care services to eligible vet- under section 1705(a) of this title who would tended or made permanent; and erans in accordance with this section. Such otherwise require nursing home care.’’. (B) what modifications, if any, should be services shall include the following: (e) RESPITE CARE PROGRAM.—Section 1720B is made to those provisions. ‘‘(1) Geriatric evaluation. amended— SEC. 102. PILOT PROGRAMS RELATING TO LONG- ‘‘(2) Nursing home care (A) in facilities oper- (1) in subsection (a), by striking ‘‘eligible’’ TERM CARE. ated by the Secretary, and (B) in community- and inserting ‘‘enrolled’’; (a) PILOT PROGRAMS.—The Secretary shall based facilities through contracts under section (2) in subsection (b)— carry out three pilot programs for the purpose of 1720 of this title. (A) by striking ‘‘the term ‘respite care’ means determining the effectiveness of different models ‘‘(3) Domiciliary services under section 1710(b) hospital or nursing home care’’ and inserting of all-inclusive care-delivery in reducing the use of this title. ‘‘the term ‘respite care services’ means care and of hospital and nursing home care by frail, el- ‘‘(4) Adult day health care under section services’’; derly veterans. 1720(f) of this title. (B) by striking ‘‘is’’ at the beginning of each (b) LOCATIONS OF PILOT PROGRAMS.—In se- ‘‘(5) Such other noninstitutional alternatives of paragraphs (1), (2), and (3) and inserting lecting locations in which the pilot programs to nursing home care as the Secretary may fur- ‘‘are’’; and will be carried out, the Secretary may not select nish as medical services under section 1701(10) of (C) by striking ‘‘in a Department facility’’ in more than one location in any given health care this title. paragraph (2); and region of the Veterans Health Administration. ‘‘(6) Respite care under section 1720B of this (3) by adding at the end the following new (c) SCOPE OF SERVICES UNDER PILOT PRO- title. subsection: GRAMS.—Each of the pilot programs under this ‘‘(b) The Secretary shall ensure that the staff- ‘‘(c) In furnishing respite care services, the section shall be designed to provide partici- ing and level of extended care services provided Secretary may enter into contract arrange- pating veterans with integrated, comprehensive by the Secretary nationally in facilities of the ments.’’. services which include the following: Department during any fiscal year is not less (f) CONFORMING AMENDMENTS.—Section (1) Adult-day health care services on an eight- than the staffing and level of such services pro- 1710(a) is amended— hour per day, five-day per week basis. vided nationally in facilities of the Department (1) in paragraph (1), by striking ‘‘, and may (2) Medical services (including primary care, during fiscal year 1998. furnish nursing home care,’’; preventive services, and nursing home care, as ‘‘(c)(1) Except as provided in paragraph (2), (2) in paragraph (2)(A), by inserting ‘‘or, with needed). the Secretary may not furnish extended care respect to nursing home care during any period (3) Coordination of needed services. services for a non-service-connected disability during which the provisions of section 1710A(a) (4) Transportation services. other than in the case of a veteran who has a (5) Home care services. of this title are in effect, a compensable service- (6) Respite care. compensable service-connected disability unless connected disability rated less than 70 percent’’ (d) PROGRAM REQUIREMENTS.—In carrying the veteran agrees to pay to the United States a after ‘‘50 percent’’; out the pilot programs under this section, the copayment (determined in accordance with sub- (3) in paragraph (4), by inserting ‘‘, and the Secretary shall— section (d)) for any period of such services in a requirement in section 1710B of this title that (1) employ the use of interdisciplinary care- year after the first 21 days of such services pro- the Secretary provide a program of extended management teams to provide the required array vided that veteran in that year. care services,’’ after ‘‘medical services’’; and of services; ‘‘(2) Paragraph (1) shall not apply— (4) by adding at the end the following new (2) determine the appropriate number of pa- ‘‘(A) to a veteran whose annual income (de- paragraph: tients to be enrolled in each program and the termined under section 1503 of this title) is less ‘‘(5) During any period during which the pro- criteria for enrollment; and than the amount in effect under section 1521(b) visions of section 1710A(a) of this title are not in (3) ensure that funding for each program is of this title; or effect, the Secretary may furnish nursing home based on the complex care category under the ‘‘(B) with respect to an episode of extended care which the Secretary determines is needed to resource allocation system (known as the Vet- care services that a veteran is being furnished any veteran described in paragraph (1), with erans Equitable Resource Allocation system) es- by the Department on the date of the enactment the priority for such care on the same basis as tablished pursuant to section 429 of Public Law of the Veterans Millennium Health Care and if provided under that paragraph.’’. 104–204 (110 Stat. 2929). Benefits Act. (g) STATE HOMES.—Section 1741(a)(2) is (e) DESIGN OF PILOT PROGRAMS.—To the max- ‘‘(d)(1) A veteran who is furnished extended amended by striking ‘‘adult day health care in imum extent feasible, the Secretary shall use the care services under this chapter and who is re- a State home’’ and inserting ‘‘extended care following three models in designing the three quired under subsection (c) to pay an amount to services described in any of paragraphs (4) pilot programs under this section: the United States in order to be furnished such through (6) of section 1710B(a) of this title (1) Under one of the pilot programs, the Sec- services shall be liable to the United States for under a program administered by a State retary shall provide services directly through fa- that amount. home’’. cilities and personnel of the Department.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.002 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11979 (2) Under one of the pilot programs, the Sec- (3) could reasonably be expected to receive on- gibility for care or services from any department retary shall provide services through a combina- going services after the end of the contract pe- or agency of the United States); tion of— riod under another government program or ‘‘(C) has no other contractual or legal re- (A) services provided under contract with ap- through other means. course against a third party that would, in propriate public and private entities; and (e) REPORT.—(1) Not later than 90 days before whole or in part, extinguish such liability to the (B) services provided through facilities and the end of the pilot program under this section, provider; and personnel of the Department. the Secretary shall submit to the Committees on ‘‘(D) is not eligible for reimbursement for med- (3) Under one of the pilot programs, the Sec- Veterans’ Affairs of the Senate and the House of ical care or services under section 1728 of this retary shall arrange for the provision of services Representatives a report on the program. title. through a combination of— (2) The report under paragraph (1) shall in- ‘‘(c) LIMITATIONS ON REIMBURSEMENT.—(1) (A) services provided through cooperative ar- clude the following: The Secretary, in accordance with regulations rangements with appropriate public and private (A) A description of the implementation and prescribed by the Secretary, shall— entities; and operation of the program. ‘‘(A) establish the maximum amount payable (B) services provided through facilities and (B) An analysis comparing use of institutional under subsection (a); personnel of the Department. care among participants in the program with ‘‘(B) delineate the circumstances under which (f) IN-KIND ASSISTANCE.—In providing for the the experience of comparable patients who are such payments may be made, to include such re- furnishing of services under a contract in car- not enrolled in the program. quirements on requesting reimbursement as the rying out the pilot program described in sub- (C) A comparison of assisted living services Secretary shall establish; and section (e)(2), the Secretary may, subject to re- provided by the Department through the pilot ‘‘(C) provide that in no event may a payment imbursement, provide in-kind assistance program with domiciliary care provided by the under that subsection include any amount for (through the services of Department employees Department. which the veteran is not personally liable. and the sharing of other Department resources) (D) The Secretary’s recommendations, if any, ‘‘(2) Subject to paragraph (1), the Secretary to a facility furnishing care to veterans. Such regarding an extension of the program. may provide reimbursement under this section reimbursement may be made by reduction in the (f) DURATION.—The authority of the Secretary only after the veteran or the provider of emer- charges to the Secretary under such contract. to provide services under the pilot program shall gency treatment has exhausted without success (g) LIMITATION.—In providing for the fur- cease on the date that is three years after the all claims and remedies reasonably available to nishing of services in carrying out a pilot pro- date of the commencement of the pilot program. the veteran or provider against a third party for gram described in subsection (e)(2) or (e)(3), the (g) DEFINITION.—For purposes of this section, payment of such treatment. Secretary shall make payment for services only the term ‘‘assisted living services’’ means serv- ‘‘(3) Payment by the Secretary under this sec- to the extent that payment for such services is ices in a facility that provides room and board tion on behalf of a veteran to a provider of not otherwise covered (notwithstanding any and personal care for and supervision of resi- emergency treatment shall, unless rejected and provision of title XVIII or XIX of the Social Se- dents as necessary for the health, safety, and refunded by the provider within 30 days of re- curity Act) by another government or non- welfare of residents. ceipt, extinguish any liability on the part of the government entity or program. (h) STANDARDS.—The Secretary may not enter veteran for that treatment. Neither the absence (h) DURATION OF PROGRAMS.—The authority into a contract with a facility under this section of a contract or agreement between the Sec- of the Secretary to provide services under a pilot unless the facility meets the standards estab- retary and the provider nor any provision of a program under this section shall cease on the lished in regulations prescribed under section contract, agreement, or assignment to the con- date that is three years after the date of the 1730 of title 38, United States Code. trary shall operate to modify, limit, or negate commencement of that pilot program. Subtitle B—Other Access-to-Care Matters the requirement in the preceding sentence. (i) REPORT.—(1) Not later than nine months NDEPENDENT RIGHT OF RECOVERY.—(1) after the completion of all of the pilot programs SEC. 111. REIMBURSEMENT FOR EMERGENCY ‘‘(d) I TREATMENT IN NON-DEPARTMENT In accordance with regulations prescribed by under this section, the Secretary shall submit to OF VETERANS AFFAIRS FACILITIES. the Secretary, the United States shall have the the Committees on Veterans’ Affairs of the Sen- (a) AUTHORITY TO PROVIDE REIMBURSE- independent right to recover any amount paid ate and the House of Representatives a report MENT.—Chapter 17 is amended by inserting after under this section when, and to the extent that, on those programs. section 1724 the following new section: (2) The report shall include the following: a third party subsequently makes a payment for (A) A description of the implementation and ‘‘§ 1725. Reimbursement for emergency treat- the same emergency treatment. operation of each such program. ment ‘‘(2) Any amount paid by the United States to (B) An analysis comparing use of institutional ‘‘(a) GENERAL AUTHORITY.—(1) Subject to sub- the veteran (or the veteran’s personal represent- care and use of other services among enrollees in sections (c) and (d), the Secretary may reim- ative, successor, dependents, or survivors) or to each of the pilot programs with the experience burse a veteran described in subsection (b) for any other person or organization paying for of comparable patients who are not enrolled in the reasonable value of emergency treatment such treatment shall constitute a lien in favor of one of the pilot programs. furnished the veteran in a non-Department fa- the United States against any recovery the (C) An assessment of the satisfaction of par- cility. payee subsequently receives from a third party ticipating veterans with each of those programs. ‘‘(2) In any case in which reimbursement is for the same treatment. (D) An assessment of the health status of par- authorized under subsection (a)(1), the Sec- ‘‘(3) Any amount paid by the United States to ticipating veterans in each of those programs retary, in the Secretary’s discretion, may, in lieu the provider that furnished the veteran’s emer- and of the ability of those veterans to function of reimbursing the veteran, make payment of the gency treatment shall constitute a lien against independently. reasonable value of the furnished emergency any subsequent amount the provider receives (E) An analysis of the costs and benefits treatment directly— from a third party for the same emergency treat- under each of those programs. ‘‘(A) to a hospital or other health care pro- ment for which the United States made pay- SEC. 103. PILOT PROGRAM RELATING TO AS- vider that furnished the treatment; or ment. SISTED LIVING. ‘‘(B) to the person or organization that paid ‘‘(4) The veteran (or the veteran’s personal (a) PROGRAM AUTHORITY.—The Secretary may for such treatment on behalf of the veteran. representative, successor, dependents, or sur- carry out a pilot program for the purpose of de- ‘‘(b) ELIGIBILITY.—(1) A veteran referred to in vivors) shall ensure that the Secretary is termining the feasibility and practicability of subsection (a)(1) is an individual who is an ac- promptly notified of any payment received from enabling eligible veterans to secure needed as- tive Department health-care participant who is any third party for emergency treatment fur- sisted living services as an alternative to nurs- personally liable for emergency treatment fur- nished to the veteran. The veteran (or the vet- ing home care. nished the veteran in a non-Department facil- eran’s personal representative, successor, de- (b) LOCATION OF PILOT PROGRAM.—The pilot ity. pendents, or survivors) shall immediately for- program shall be carried out in a designated ‘‘(2) A veteran is an active Department ward all documents relating to such payment, health care region of the Department selected by health-care participant if— cooperate with the Secretary in the investiga- the Secretary for purposes of this section. ‘‘(A) the veteran is enrolled in the health care tion of such payment, and assist the Secretary (c) SCOPE OF PROGRAM.—In carrying out the system established under section 1705(a) of this in enforcing the United States right to recover pilot program, the Secretary may enter into con- title; and any payment made under subsection (c)(3). tracts with appropriate facilities for the provi- ‘‘(B) the veteran received care under this ‘‘(e) WAIVER.—The Secretary, in the Sec- sion for a period of up to six months of assisted chapter within the 24-month period preceding retary’s discretion, may waive recovery of a living services on behalf of eligible veterans in the furnishing of such emergency treatment. payment made to a veteran under this section the region where the program is carried out. ‘‘(3) A veteran is personally liable for emer- that is otherwise required by subsection (d)(1) (d) ELIGIBLE VETERANS.—A veteran is an eli- gency treatment furnished the veteran in a non- when the Secretary determines that such waiver gible veteran for purposes of this section if the Department facility if the veteran— would be in the best interest of the United veteran— ‘‘(A) is financially liable to the provider of States, as defined by regulations prescribed by (1) is eligible for placement assistance by the emergency treatment for that treatment; the Secretary. Secretary under section 1730(a) of title 38, ‘‘(B) has no entitlement to care or services ‘‘(f) DEFINITIONS.—For purposes of this sec- United States Code; under a health-plan contract (determined, in tion: (2) is unable to manage routine activities of the case of a health-plan contract as defined in ‘‘(1) The term ‘emergency treatment’ means daily living without supervision and assistance; subsection (f)(2)(B) or (f)(2)(C), without regard medical care or services furnished, in the judg- and to any requirement or limitation relating to eli- ment of the Secretary—

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.005 pfrm02 PsN: H16PT1 H11980 CONGRESSIONAL RECORD — HOUSE November 16, 1999 ‘‘(A) when Department or other Federal facili- with the provisions of subsection (c). That (3) has enrolled for care under section 1705 of ties are not feasibly available and an attempt to agreement shall include provisions for reim- title 38, United States Code; and use them beforehand would not be reasonable; bursement of the Secretary of Veterans Affairs (4) is not described in paragraph (1) or (2) of ‘‘(B) when such care or services are rendered by the Secretary of Defense for medical care section 1710(a) of such title. in a medical emergency of such nature that a provided by the Secretary of Veterans Affairs to SEC. 114. TREATMENT AND SERVICES FOR DRUG prudent layperson reasonably expects that delay an eligible military retiree and may include such OR ALCOHOL DEPENDENCY. in seeking immediate medical attention would be other provisions with respect to the terms and (a) AUTHORITY TO PROVIDE TREATMENT AND hazardous to life or health; and conditions of such care as may be agreed upon SERVICES FOR MEMBERS ON ACTIVE DUTY.—Sec- ‘‘(C) until such time as the veteran can be by the two Secretaries. tion 1720A(c) is amended in the first sentence of transferred safely to a Department facility or (2) Reimbursement under the agreement under paragraph (1)— other Federal facility. paragraph (1) shall be in accordance with rates (1) by striking ‘‘may not be transferred’’ and ‘‘(2) The term ‘health-plan contract’ includes agreed upon by the Secretary of Defense and inserting ‘‘may be transferred’’; and any of the following: the Secretary of Veterans Affairs. Such reim- (2) by striking ‘‘unless such transfer is during ‘‘(A) An insurance policy or contract, medical bursement may be made by the Secretary of De- the last thirty days of such member’s enlistment or hospital service agreement, membership or fense or by the appropriate TRICARE Managed or tour of duty’’. subscription contract, or similar arrangement Care Support contractor, as determined in ac- (b) CONFORMING AMENDMENT.—The first sen- under which health services for individuals are cordance with that agreement. tence of paragraph (2) of that section is amend- provided or the expenses of such services are (3) In entering into the agreement under para- ed by striking ‘‘during the last thirty days of paid. graph (1), particularly with respect to deter- such person’s enlistment period or tour of ‘‘(B) An insurance program described in sec- mination of the rates of reimbursement under duty’’. paragraph (2), the Secretary of Defense shall tion 1811 of the Social Security Act (42 U.S.C. SEC. 115. COUNSELING AND TREATMENT FOR 1395c) or established by section 1831 of that Act consult with TRICARE Managed Care Support VETERANS WHO HAVE EXPERIENCED (42 U.S.C. 1395j). contractors. SEXUAL TRAUMA. (4) The Secretary of Veterans Affairs may not ‘‘(C) A State plan for medical assistance ap- (a) EXTENSION OF PERIOD OF PROGRAM.—Sub- proved under title XIX of such Act (42 U.S.C. enter into an agreement under paragraph (1) for section (a) of section 1720D is amended— 1396 et seq.). the provision of care in accordance with the (1) in paragraph (1), by striking ‘‘December ‘‘(D) A workers’ compensation law or plan de- provisions of subsection (c) with respect to any 31, 2001’’ and inserting ‘‘December 31, 2004’’; scribed in section 1729(a)(2)(A) of this title. geographic service area, or a part of any such and ‘‘(E) A law of a State or political subdivision area, of the Veterans Health Administration (2) in paragraph (3), by striking ‘‘December described in section 1729(a)(2)(B) of this title. unless— 31, 2001’’ and inserting ‘‘December 31, 2004’’. (A) in the judgment of that Secretary, the De- ‘‘(3) The term ‘third party’ means any of the (b) MANDATORY NATURE OF PROGRAM.—(1) partment of Veterans Affairs will recover the following: Subsection (a)(1) of such section is further costs of providing such care to eligible military ‘‘(A) A Federal entity. amended by striking ‘‘may provide counseling to retirees; and ‘‘(B) A State or political subdivision of a (B) that Secretary has certified and docu- a veteran who the Secretary determines requires State. mented, with respect to any geographic service such counseling’’ and inserting ‘‘shall operate a ‘‘(C) An employer or an employer’s insurance area in which the Secretary proposes to provide program under which the Secretary provides carrier. care in accordance with the provisions of sub- counseling and appropriate care and services to ‘‘(D) An automobile accident reparations in- section (c), that such geographic service area, or veterans who the Secretary determines require surance carrier. designated part of any such area, has adequate such counseling and care and services’’. ‘‘(E) A person or entity obligated to provide, capacity (consistent with the requirements in (2) Subsection (a) of such section is further or to pay the expenses of, health services under section 1705(b)(1) of title 38, United States Code, amended— a health-plan contract.’’. that care to enrollees shall be timely and accept- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) (as amend- (b) CONFORMING AMENDMENTS.—(1) Section able in quality) to provide such care. 1729A(b) is amended— (5) The agreement under paragraph (1) shall ed by subsection (a)(2)) as paragraph (2). (A) by redesignating paragraphs (5) and (6) as be entered into by the Secretaries not later than (c) OUTREACH EFFORTS.—Subsection (c) of paragraphs (6) and (7), respectively; and nine months after the date of the enactment of such section is amended— (B) by inserting after paragraph (4) the fol- this Act. If the Secretaries are unable to reach (1) by inserting ‘‘and treatment’’ in the first lowing new paragraph: agreement, they shall jointly report, by that sentence and in paragraph (2) after ‘‘coun- ‘‘(5) Section 1725 of this title.’’. date or within 30 days thereafter, to the Com- seling’’; (2) by striking ‘‘and’’ at the end of paragraph (2) The table of sections at the beginning of mittees on Armed Services and the Committees (1); such chapter is amended by inserting after the on Veterans’ Affairs of the Senate and House of (3) by redesignating paragraph (2) as para- item relating to section 1724 the following new Representatives on the reasons for their inabil- graph (3); and item: ity to reach an agreement and their mutually (4) by inserting after paragraph (1) the fol- ‘‘1725. Reimbursement for emergency treat- agreed plan for removing any impediments to lowing new paragraph (2): ment.’’. final agreement. ‘‘(2) shall ensure that information about the (b) DEPOSITING OF REIMBURSEMENTS.— (c) EFFECTIVE DATE.—The amendments made counseling and treatment available to veterans by this section shall take effect 180 days after Amounts received by the Secretary of Veterans Affairs under the agreement under subsection under this section— the date of the enactment of this Act. ‘‘(A) is revised and updated as appropriate; (a) shall be deposited in the Department of Vet- (d) IMPLEMENTATION REPORTS.—The Sec- ‘‘(B) is made available and visibly posted at erans Affairs Health Services Improvement retary shall include with the budget justifica- appropriate facilities of the Department; and Fund established under section 1729B of title 38, tion materials submitted to Congress in support ‘‘(C) is made available through appropriate United States Code, as added by section 202. of the Department of Veterans Affairs budget public information services; and’’. for fiscal year 2002 and for fiscal year 2003 a re- (c) COPAYMENT REQUIREMENT.—The provi- sions of subsections (f)(1) and (g)(1) of section (d) REPORT ON IMPLEMENTATION OF OUT- port on the implementation of section 1725 of REACH ACTIVITIES.—Not later than six months title 38, United States Code, as added by sub- 1710 of title 38, United States Code, shall not apply in the case of an eligible military retiree after the date of the enactment of this Act, the section (a). Each such report shall include in- Secretary of Veterans Affairs shall submit to the formation on the experience of the Department who is covered by the agreement under sub- section (a). Committees on Veterans’ Affairs of the Senate under that section and the costs incurred, and and House of Representatives a report on the expected to be incurred, under that section. (d) PHASED IMPLEMENTATION.—(1) The Sec- retary of Defense shall include in each Secretary’s implementation of paragraph (2) of SEC. 112. ELIGIBILITY FOR CARE OF COMBAT-IN- TRICARE contract entered into after the date of section 1720D(c) of title 38, United States Code, JURED VETERANS. the enactment of this Act provisions to imple- as added by subsection (c). Such report shall in- Chapter 17 is amended— ment the agreement under subsection (a). clude examples of the documents and other (1) in section 1710(a)(2)(D), by inserting ‘‘or (2) The provisions of the agreement under sub- means of communication developed for compli- who was awarded the Purple Heart’’ after section (a)(2) and the provisions of subsection ance with that paragraph. ‘‘former prisoner of war’’; and (c) shall apply to the furnishing of medical care (e) STUDY OF EXPANDING ELIGIBILITY FOR (2) in section 1705(a)(3), by inserting ‘‘or who by the Secretary of Veterans Affairs in any area COUNSELING AND TREATMENT.—(1) The Sec- were awarded the Purple Heart’’ after ‘‘former of the United States only if that area is covered retary of Veterans Affairs, in consultation with prisoners of war’’. by a TRICARE contract that was entered into the Secretary of Defense, shall conduct a study SEC. 113. ACCESS TO CARE FOR TRICARE-ELIGI- after the date of the enactment of this Act. to determine— BLE MILITARY RETIREES. (e) ELIGIBLE MILITARY RETIREES.—For pur- (A) the extent to which former members of the (a) INTERAGENCY AGREEMENT.—(1) The Sec- poses of this section, an eligible military retiree reserve components of the Armed Forces experi- retary of Defense shall enter into an agreement is a member of the Army, Navy, Air Force, or enced physical assault of a sexual nature or (characterized as a memorandum of under- Marine Corps who— battery of a sexual nature while serving on ac- standing or otherwise) with the Secretary of (1) has retired from active military, naval, or tive duty for training; Veterans Affairs with respect to the provision of air service; (B) the extent to which such former members medical care by the Secretary of Veterans Af- (2) is eligible for care under the TRICARE have sought counseling from the Department of fairs to eligible military retirees in accordance program established by the Secretary of Defense; Veterans Affairs relating to those incidents; and

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.007 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11981 (C) the additional resources that, in the judg- adjusted to reflect any subsequent increase in respect to amounts made available from the ment of the Secretary, would be required to meet applicable costs to deliver such services in the fund under that section.’’. the projected need of those former members for Veterans Health Administration, as determined (b) CLERICAL AMENDMENT.—The table of sec- such counseling. by the Committee on Care of Severely Chron- tions at the beginning of such chapter is amend- (2) Not later than 16 months after the date of ically Mentally Ill Veterans. ed by inserting after the item relating to section the enactment of this Act, the Secretary of Vet- (d) ALLOCATION OF FUNDS TO DEPARTMENT 1729A the following new item: erans Affairs shall submit to the Committees on FACILITIES.—The Secretary shall allocate funds ‘‘1729B. Health Services Improvement Fund.’’. Veterans’ Affairs of the Senate and House of identified pursuant to subsection (c)(1) to indi- SEC. 203. ALLOCATION TO HEALTH CARE FACILI- Representatives a report on the results of the vidual medical facilities of the Department as TIES OF AMOUNTS MADE AVAILABLE study conducted under paragraph (1). the Secretary determines appropriate based FROM MEDICAL CARE COLLECTIONS (f) OVERSIGHT OF OUTREACH ACTIVITIES.—Not upon proposals submitted by those facilities for FUND. later than 14 months after the date of the enact- the use of those funds for improvements to spe- Section 1729A(d) is amended— ment of this Act, the Secretary of Veterans Af- cialized mental health services. (1) by striking ‘‘(1)’’; fairs and the Secretary of Defense shall submit (e) REPORT.—Not later than 12 months after (2) by striking ‘‘each designated health care to the appropriate congressional committees a the date of the enactment of this Act, the Sec- region’’ and inserting ‘‘each Department health joint report describing in detail the collaborative retary shall submit to the Committees on Vet- care facility’’; efforts of the Department of Veterans Affairs erans’ Affairs of the Senate and House of Rep- (3) by striking ‘‘each region’’ and inserting and the Department of Defense to ensure that resentatives a report describing the implementa- ‘‘each facility’’; members of the Armed Forces, upon separation tion of this section. The Secretary shall include (4) by striking ‘‘such region’’ both places it from active military, naval, or air service, are in the report information on the allocation of appears and inserting ‘‘such facility’’; and provided appropriate and current information funds to facilities of the Department under the (5) by striking paragraph (2). about programs of the Department of Veterans program and a description of the improvements SEC. 204. AUTHORITY TO ACCEPT FUNDS FOR Affairs to provide counseling and treatment for made with those funds to specialized mental EDUCATION AND TRAINING. sexual trauma that may have been experienced health services for veterans. (a) ESTABLISHMENT OF NONPROFIT CORPORA- by those members while in the active military, TIONS AT MEDICAL CENTERS.—Section 7361(a) is TITLE II—MEDICAL PROGRAM naval, or air service, including information amended— ADMINISTRATION about eligibility requirements for, and proce- (1) by inserting ‘‘and education’’ after ‘‘re- dures for applying for, such counseling and SEC. 201. MEDICAL CARE COLLECTIONS. search’’; and treatment. The report shall include proposed (a) LIMITED AUTHORITY TO SET COPAY- (2) by adding at the end the following: ‘‘Such recommendations from both the Secretary of MENTS.—Section 1722A is amended— a corporation may be established to facilitate ei- Veterans Affairs and the Secretary of Defense (1) by redesignating subsections (b) and (c) as ther research or education or both research and for the improvement of their collaborative efforts subsections (c) and (d), respectively; education.’’. to provide such information. (2) by inserting after subsection (a) the fol- (b) PURPOSE OF CORPORATIONS.—Section 7362 (g) REPORT ON IMPLEMENTATION OF SEXUAL lowing new subsection (b): is amended— TRAUMA TREATMENT PROGRAM.—Not later than ‘‘(b) The Secretary, pursuant to regulations (1) in the first sentence— 14 months after the date of the enactment of this which the Secretary shall prescribe, may— (A) by inserting ‘‘(a)’’ before ‘‘Any corpora- Act, the Secretary shall submit to the Commit- ‘‘(1) increase the copayment amount in effect tion’’; and tees on Veterans’ Affairs of the Senate and under subsection (a); and (B) by inserting ‘‘and education and training House of Representatives a report on the use ‘‘(2) establish a maximum monthly and a max- as described in sections 7302, 7471, 8154, and made of the authority provided under section imum annual pharmaceutical copayment 1701(6)(B) of this title’’ after ‘‘of this title’’; 1720D of title 38, United States Code, as amend- amount under subsection (a) for veterans who (2) in the second sentence— ed by this section. The report shall include the have multiple outpatient prescriptions.’’; and (A) by inserting ‘‘or education’’ after ‘‘re- following with respect to activities under that (3) in subsection (c), as redesignated by para- search’’; and section since the enactment of this Act: graph (1)— (B) by striking ‘‘that purpose’’ and inserting (1) The number of veterans who have received (A) by striking ‘‘this section’’ and inserting ‘‘these purposes’’; and counseling under that section. ‘‘subsection (a)’’; and (3) by adding at the end the following new (2) The number of veterans who have been re- (B) by adding at the end the following new subsection: ferred to non-Department mental health facili- sentence: ‘‘Amounts collected through use of the ‘‘(b) For purposes of this section, the term ties and providers in connection with sexual authority under subsection (b) shall be depos- ‘education and training’ means the following: trauma counseling and treatment. ited in the Department of Veterans Affairs ‘‘(1) In the case of employees of the Veterans SEC. 116. SPECIALIZED MENTAL HEALTH SERV- Health Services Improvement Fund.’’. Health Administration, such term means work- ICES. (b) OUTPATIENT TREATMENT.—Section 1710(g) related instruction or other learning experiences (a) IMPROVEMENT TO SPECIALIZED MENTAL is amended— to— HEALTH SERVICES.—The Secretary, in further- (1) in paragraph (1), by striking ‘‘the amount ‘‘(A) improve performance of current duties; ance of the responsibilities of the Secretary determined under paragraph (2) of this sub- ‘‘(B) assist employees in maintaining or gain- under section 1706(b) of title 38, United States section’’ and inserting ‘‘in the case of each out- ing specialized proficiencies; and Code, shall carry out a program to expand and patient visit the applicable amount or amounts ‘‘(C) expand understanding of advances and improve the provision of specialized mental established by the Secretary by regulation’’; and changes in patient care, technology, and health health services to veterans. The Secretary shall (2) in paragraph (2), by striking all after ‘‘for care administration. establish the program in consultation with the an amount’’ and inserting ‘‘which the Secretary Such term includes (in the case of such employ- Committee on Care of Severely Chronically Men- shall establish by regulation.’’. ees) education and training conducted as part of a residency or other program designed to pre- tally Ill Veterans established pursuant to sec- SEC. 202. HEALTH SERVICES IMPROVEMENT tion 7321 of title 38, United States Code. FUND. pare an individual for an occupation or profes- sion. (b) COVERED PROGRAMS.—For purposes of this (a) ESTABLISHMENT OF FUND.—Chapter 17 is section, the term ‘‘specialized mental health amended by inserting after section 1729A the fol- ‘‘(2) In the case of veterans under the care of services’’ includes programs relating to— lowing new section: the Veterans Health Administration, such term (1) the treatment of post-traumatic stress dis- means instruction or other learning experiences ‘‘§ 1729B. Health Services Improvement Fund order; and related to improving and maintaining the health (2) substance use disorders. ‘‘(a) There is established in the Treasury of of veterans to patients and to the families and (c) FUNDING.—(1) In carrying out the program the United States a fund to be known as the De- guardians of patients.’’. described in subsection (a), the Secretary shall partment of Veterans Affairs Health Services (c) BOARD OF DIRECTORS.—Section 7363(a) is identify, from funds available to the Department Improvement Fund. amended— for medical care, an amount of not less than ‘‘(b) Amounts received or collected after the (1) in subsection (a)(1), by striking all after $15,000,000 to be available to carry out the pro- date of the enactment of this section under any ‘‘medical center, and’’ and inserting ‘‘as appro- gram and to be allocated to facilities of the De- of the following provisions of law shall be de- priate, the assistant chief of staff for research partment pursuant to subsection (d). posited in the fund: for the medical center and the assistant chief of (2) In identifying available amounts pursuant ‘‘(1) Section 1713A of this title. staff for education for the medical center, or, in to paragraph (1), the Secretary shall ensure ‘‘(2) Section 1722A(b) of this title. the case of a facility at which such positions do that, after the allocation of those funds under ‘‘(3) Section 8165(a) of this title. not exist, those officials who are responsible for subsection (d), the total expenditure for pro- ‘‘(4) Section 113 of the Veterans Millennium carrying out the responsibilities of the medical grams relating to (A) the treatment of post-trau- Health Care and Benefits Act. center director, chief of staff, and, as appro- matic stress disorder, and (B) substance use dis- ‘‘(c) Amounts in the fund are hereby avail- priate, the assistant chief of staff for research orders is not less than $15,000,000 in excess of able, without fiscal year limitation, to the Sec- and the assistant chief of staff for education; the baseline amount. retary for the purposes stated in subparagraphs and’’; (3) For purposes of paragraph (2), the baseline (A) and (B) of section 1729A(c)(1) of this title. (2) in subsection (a)(2), by inserting ‘‘or edu- amount is the amount of the total expenditures ‘‘(d) The Secretary shall allocate amounts in cation, as appropriate’’ after ‘‘research’’; and on such programs for the most recent fiscal year the fund in the same manner as applies under (3) in subsection (c), by inserting ‘‘or edu- for which final expenditure amounts are known, subsection (d) of section 1729A of this title with cation’’ after ‘‘research’’.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.010 pfrm02 PsN: H16PT1 H11982 CONGRESSIONAL RECORD — HOUSE November 16, 1999

(d) APPROVAL OF EXPENDITURES.—Section the Veterans Millennium Health Care and Bene- (C) by striking the comma at the end of each 7364 is amended by adding at the end the fol- fits Act’’. of paragraphs (1) through (7) and inserting a lowing new subsection: SEC. 207. STATE HOME GRANT PROGRAM. period; and ‘‘(c)(1) A corporation established under this (a) GENERAL REGULATIONS.—Section 8134 is (D) by striking ‘‘, and’’ at the end of para- subchapter may not spend funds for an edu- amended— graph (8) and inserting a period; cation activity unless the activity is approved in (1) by redesignating subsection (b) as sub- (2) by redesignating subsections (b), (c), (d), accordance with procedures prescribed by the section (c); and (e) as subsections (c), (d), (e), and (f), re- Under Secretary for Health. (2) by striking the matter in subsection (a) spectively; ‘‘(2) The Under Secretary for Health shall pre- preceding paragraph (2) and inserting the fol- (3) by inserting after subsection (a) the fol- scribe policies and procedures to guide the ex- lowing: lowing new subsection (b): penditure of funds by corporations under para- ‘‘(a)(1) The Secretary shall prescribe regula- ‘‘(b)(1) Any State seeking to receive assistance graph (1) consistent with the purpose of such tions for the purposes of this subchapter. under this subchapter for a project that would corporations as flexible funding mechanisms.’’. ‘‘(2) In those regulations, the Secretary shall involve construction or acquisition of either (e) ACCOUNTABILITY AND OVERSIGHT.—Section prescribe for each State the number of nursing nursing home or domiciliary facilities shall in- 7366(d) is amended— home and domiciliary beds for which assistance clude with its application under subsection (a) (1) in paragraph (2)(B), by inserting ‘‘for re- under this subchapter may be furnished. Such the following: search and the amount received from govern- regulations shall be based on projected demand ‘‘(A) Documentation (i) that the site for the mental entities for education’’ after ‘‘entities’’; for such care 10 years after the date of the en- project is in reasonable proximity to a sufficient (2) in paragraph (2)(C), by inserting ‘‘for re- actment of the Veterans Millennium Health concentration and population of veterans who search and the amount received from all other Care and Benefits Act by veterans who at such are 65 years of age and older, and (ii) that there sources for education’’ after ‘‘sources’’; time are 65 years of age or older and who reside is a reasonable basis to conclude that the facili- (3) in paragraph (2)(D), by striking ‘‘the’’ and in that State. In determining such projected de- ties when complete will be fully occupied. inserting ‘‘a’’; mand, the Secretary shall take into account ‘‘(B) A financial plan for the first three years (4) in paragraph (3)(A), by striking ‘‘and’’ travel distances for veterans and their families. of operation of such facilities. and inserting ‘‘, the amount expended for salary ‘‘(3)(A) In those regulations, the Secretary ‘‘(C) A five-year capital plan for the State for education staff, and the amount expended’’; shall establish criteria under which the Sec- home program for that State. (5) in paragraph (3)(B), by inserting ‘‘and the retary shall determine, with respect to an appli- ‘‘(2) Failure to provide adequate documenta- amount expended for direct support of edu- cation for assistance under this subchapter for a tion under paragraph (1)(A) or to provide an cation’’ after ‘‘research’’; and project described in subparagraph (B) which is adequate financial plan under paragraph (1)(B) (6) by adding at the end the following new from a State that has a need for additional beds shall be a basis for disapproving the applica- paragraph: as determined under subsections (a)(2) and tion.’’; and ‘‘(4) The amount expended by each corpora- (d)(1), whether the need for such beds is most (4) in subsection (c), as redesignated by para- tion during the year for travel conducted in aptly characterized as great, significant, or lim- graph (2)— conjunction with research and the amount ex- ited. Such criteria shall take into account the (A) in paragraph (1), by striking ‘‘for a grant pended for travel in conjunction with edu- availability of beds already operated by the Sec- under subsection (a) of this section’’ in the mat- cation.’’. retary and other providers which appropriately ter preceding subparagraph (A) and inserting SEC. 205. EXTENSION OF CERTAIN AUTHORITIES. serve the needs which the State proposes to meet ‘‘under subsection (a) for financial assistance (a) READJUSTMENT COUNSELING.—Section with its application. under this subchapter’’; 1712A(a)(1)(B)(ii) is amended by striking ‘‘Janu- ‘‘(B) This paragraph applies to a project for (B) in paragraph (2)— ary 1, 2000’’ and inserting ‘‘January 1, 2004’’. the construction or acquisition of a new State (i) by striking ‘‘the construction or acquisition (b) NEWSLETTER ON MEDICAL CARE FOR PER- home facility, a project to increase the number of’’ in subparagraph (A); and SIAN GULF VETERANS.—Section 105(b)(2) of the of beds available at a State home facility, and a (ii) by striking subparagraphs (B), (C), and Persian Gulf War Veterans’ Benefits Act (title I project to replace beds at a State home facility. (D) and inserting the following: of Public Law 103–446; 108 Stat. 4659; 38 U.S.C. ‘‘(4) The Secretary shall review and, as nec- ‘‘(B) An application from a State for a project 1117 note) is amended by striking ‘‘December 31, essary, revise regulations prescribed under para- at an existing facility to remedy a condition or 1999’’ and inserting ‘‘December 31, 2003’’. graphs (2) and (3) not less often than every four conditions that have been cited by an accred- (c) EVALUATION OF HEALTH OF SPOUSES AND years. iting institution, by the Secretary, or by a local CHILDREN OF PERSIAN GULF VETERANS.—Section ‘‘(b) The Secretary shall prescribe the fol- licensing or approving body of the State as 107(b) of that Act is amended by striking ‘‘De- lowing by regulation:’’; being threatening to the lives or safety of the cember 31, 1999’’ and inserting ‘‘December 31, (3) by redesignating paragraphs (2) and (3) of patients in the facility. 2003’’. subsection (b), as designated by paragraph (2), ‘‘(C) An application from a State that has not previously applied for award of a grant under SEC. 206. REESTABLISHMENT OF COMMITTEE ON as paragraphs (1) and (2); POST-TRAUMATIC STRESS DIS- (4) in subsection (c), as redesignated by para- this subchapter for construction or acquisition ORDER. graph (1), by striking ‘‘subsection (a)(3)’’ and of a State nursing home. Section 110 of the Veterans’ Health Care Act inserting ‘‘subsection (b)(2)’’; and ‘‘(D) An application for construction or acqui- of 1984 (38 U.S.C. 1712A note) is amended— (5) by adding at the end the following new sition of a nursing home or domiciliary from a (1) by striking ‘‘Chief Medical Director’’ each subsection: State that the Secretary determines, in accord- place it appears and inserting ‘‘Under Secretary ‘‘(d)(1) In prescribing regulations to carry out ance with regulations under this subchapter, for Health’’; this subchapter, the Secretary shall provide that has a great need for the beds to be established (2) by striking ‘‘Veterans’ Administration’’ in the case of a State that seeks assistance at such home or facility. each place it appears (other than in subsection under this subchapter for a project described in ‘‘(E) An application from a State for renova- (a)(1)) and inserting ‘‘Department’’; subsection (a)(3)(B), the determination of the tions to a State home facility other than renova- (3) by striking ‘‘Veterans’ Administration’’ in unmet need for beds for State homes in that tions described in subparagraph (B). subsection (a)(1) and inserting ‘‘Department of State shall be reduced by the number of beds in ‘‘(F) An application for construction or acqui- Veterans Affairs’’; all previous applications submitted by that State sition of a nursing home or domiciliary from a (4) by striking ‘‘Department of Medicine and under this subchapter, including beds which State that the Secretary determines, in accord- Surgery’’ each place it appears and inserting have not been recognized by the Secretary under ance with regulations under this subchapter, ‘‘Veterans Health Administration’’; section 1741 of this title. has a significant need for the beds to be estab- (5) by striking ‘‘section 612A’’ in subsection ‘‘(2)(A) Financial assistance under this sub- lished at such home or facility. (a)(2) and inserting ‘‘section 1712A’’; chapter for a renovation project may only be ‘‘(G) An application that meets other criteria (6) by striking ‘‘Department’’ in the second provided for a project for which the total cost of as the Secretary determines appropriate and has sentence of subsection (b)(1) and inserting ‘‘Vet- construction is in excess of $400,000 (as adjusted established in regulations. erans Health Administration’’; from time to time in such regulations to reflect ‘‘(H) An application for construction or acqui- (7) by striking ‘‘Department of Veterans’ Ben- changes in costs of construction). sition of a nursing home or domiciliary from a efits’’ in subsection (b)(4)(E) and inserting ‘‘Vet- ‘‘(B) For purposes of this paragraph, a ren- State that the Secretary determines, in accord- erans Benefits Administration’’; ovation project is a project to remodel or alter ance with regulations under this subchapter, (8) in subsection (e)(1), by striking ‘‘Not later existing buildings for which financial assistance has a limited need for the beds to be established than March 1, 1985, the Administrator’’ and in- under this subchapter may be provided and does at such home or facility.’’; and serting ‘‘Not later than March 1, 2000, the Sec- not include maintenance and repair work which (C) in paragraph (3), by striking subpara- retary’’; and is the responsibility of the State.’’. graph (A) and inserting the following: (9) in subsection (e)(2)— (b) APPLICATIONS WITH RESPECT TO ‘‘(A) may not accord any priority to a project (A) by striking ‘‘Not later than February 1, PROJECTS.—Section 8135 is amended— for the construction or acquisition of a hospital; 1986’’ and inserting ‘‘Not later than February 1, (1) in subsection (a)— and’’. 2001’’; (A) by striking ‘‘set forth—’’ in the matter (c) TRANSITION.—(1) The provisions of sections (B) by striking ‘‘Administrator’’ and inserting preceding paragraph (1) and inserting ‘‘set forth 8134 and 8135 of title 38, United States Code, as ‘‘Secretary’’; and the following:’’; in effect on November 10, 1999, shall continue in (C) by striking ‘‘before the submission of such (B) by capitalizing the first letter of the first effect after that date with respect to applica- report’’ and inserting ‘‘since the enactment of word in each of paragraphs (1) through (9); tions described in section 8135(b)(2)(A) of such

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.012 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11983 title, as in effect on that date, that are identi- ‘‘(A) would— oped by the entity, that addresses the strategy fied in paragraph (2) (and to projects and ‘‘(i) contribute in a cost-effective manner to and resources necessary to implement the plan grants pursuant to those applications). The Sec- the mission of the Department; for all property determined to present an oppor- retary shall accord priority among those appli- ‘‘(ii) not be inconsistent with the mission of tunity for such lease. cations in the order listed in paragraph (2). the Department; SEC. 209. INELIGIBILITY FOR EMPLOYMENT BY (2) Applications covered by paragraph (1) are ‘‘(iii) not adversely affect the mission of the VETERANS HEALTH ADMINISTRA- the following: Department; and TION OF HEALTH CARE PROFES- (A) Any application for a fiscal year 1999 pri- ‘‘(iv) affect services to veterans; or SIONALS WHO HAVE LOST LICENSE ority one project. ‘‘(B) would result in a demonstrable improve- TO PRACTICE IN ONE JURISDICTION (B) Any application for a fiscal year 2000 pri- ment of services to eligible veterans in the geo- WHILE STILL LICENSED IN ANOTHER ority one project that was submitted by a State graphic service-delivery area within which the JURISDICTION. that (i) did not receive grant funds from property is located.’’. Section 7402 is amended by adding at the end amounts appropriated for fiscal year 1999 under (2) Subparagraph (E) of subsection (c)(1) of the following new subsection: the State home grant program, and (ii) does not that section is amended by striking clauses (i), ‘‘(f) A person may not be employed in a posi- have any fiscal year 1999 priority one projects. (ii), and (iii) and inserting the following: tion under subsection (b) (other than under (3) For purposes of this subsection— ‘‘(i) would— paragraph (4) of that subsection) if— (A) the term ‘‘fiscal year 1999 priority one ‘‘(I) contribute in a cost-effective manner to ‘‘(1) the person is or has been licensed, reg- project’’ means a project on the list of approved the mission of the Department; istered, or certified (as applicable to such posi- projects established by the Secretary on October ‘‘(II) not be inconsistent with the mission of tion) in more than one State; and 29, 1998, under section 8135(b)(4) of title 38, the Department; ‘‘(2) either— United States Code, as in effect on that date ‘‘(III) not adversely affect the mission of the ‘‘(A) any of those States has terminated such that (pursuant to section 8135(b)(2)(A) of that Department; and license, registration, or certification for cause; title) is in the grouping of projects on that list ‘‘(IV) affect services to veterans; or or ‘‘(B) the person has voluntarily relinquished designated as Priority Group 1; ‘‘(ii) would result in a demonstrable improve- (B) the term ‘‘fiscal year 2000 priority one ment of services to eligible veterans in the geo- such license, registration, or certification in any project’’ means a project on the list of approved graphic service-delivery area within which the of those States after being notified in writing by projects established by the Secretary on Novem- property is located.’’. that State of potential termination for cause.’’. ber 3, 1999, under section 8135(b)(4) of title 38, (d) USE OF PROCEEDS.—Section 8165(a) is SEC. 210. REPORT ON COORDINATION OF PRO- United States Code, as in effect on that date amended by striking paragraph (1) and insert- CUREMENT OF PHARMACEUTICALS AND MEDICAL SUPPLIES BY THE DE- that (pursuant to section 8135(b)(2)(A) of that ing the following: PARTMENT OF VETERANS AFFAIRS title) is in the grouping of projects on that list ‘‘(a)(1) Funds received by the Department AND THE DEPARTMENT OF DE- designated as Priority Group 1; and under an enhanced-use lease and remaining FENSE. (C) the term ‘‘State home grant program’’ after any deduction from those funds under sub- (a) REQUIREMENT.—Not later than July 31, means the grant program under subchapter III section (b) shall be deposited in the Department 2000, the Secretary of Veterans Affairs and the of chapter 81 of title 38, United States Code. of Veterans Affairs Health Services Improvement Secretary of Defense shall jointly submit to the (d) EFFECTIVE DATE FOR INITIAL REGULA- Fund established under section 1729B of this Committees on Veterans’ Affairs and Armed TIONS.—The Secretary shall prescribe the initial title.’’. Services of the Senate and the Committees on regulations under subsection (a) of section 8134 (e) EXTENSION OF AUTHORITY.—Section 8169 is Veterans’ Affairs and Armed Services of the of title 38, United States Code, as added by sub- amended by striking ‘‘December 31, 2001’’ and House of Representatives a report on the co- section (a), not later than April 30, 2000. inserting ‘‘December 31, 2011’’. operation between the Department of Veterans SEC. 208. EXPANSION OF ENHANCED-USE LEASE (f) TRAINING AND OUTREACH REGARDING AU- Affairs and the Department of Defense in the AUTHORITY. THORITY.—The Secretary shall take appropriate procurement of pharmaceuticals and medical (a) AUTHORITY.—Section 8162(a)(2) is actions to provide training and outreach to per- supplies. amended— sonnel at Department medical centers regarding (b) REPORT ELEMENTS.—The report under sub- (1) by striking ‘‘only if the Secretary’’ and in- the enhanced-use lease authority under sub- section (a) shall include the following: serting ‘‘only if— chapter V of chapter 81 of title 38, United States (1) A description of the current cooperation ‘‘(A) the Secretary’’; Code. The training and outreach shall address between the Department of Veterans Affairs and (2) by redesignating subparagraphs (A), (B), methods of approaching potential lessees in the the Department of Defense in the procurement and (C) as clauses (i), (ii), and (iii), respectively, medical or commercial sectors regarding the pos- of pharmaceuticals and medical supplies. and realigning those clauses so as to be four ems sibility of entering into leases under that au- (2) An assessment of the means by which co- from the left margin; thority and other appropriate matters. operation between the departments in such pro- (3) by striking the period at the end of clause (g) INDEPENDENT ANALYSIS OF OPPORTUNITIES curement could be enhanced or improved. (iii), as so redesignated, and inserting ‘‘; or’’; FOR USE OF AUTHORITY.—(1) The Secretary (3) A description of any existing memoranda and shall take appropriate actions to secure from an of agreement between the Department of Vet- (4) by adding at the end the following: appropriate entity (or entities) independent of erans Affairs and the Department of Defense ‘‘(B) the Secretary determines that the imple- the Department an analysis (or analyses) of op- that provide for the cooperation referred to in mentation of a business plan proposed by the portunities for the use of the enhanced-use lease subsection (a). Under Secretary for Health for applying the authority under subchapter V of chapter 81 of (4) A description of the effects, if any, such consideration under such a lease to the provi- title 38, United States Code. agreements will have on current staffing levels sion of medical care and services would result in (2) An analysis under paragraph (1) shall at the Defense Supply Center in Philadelphia, a demonstrable improvement of services to eligi- include— Pennsylvania, and the Department of Veterans ble veterans in the geographic service-delivery (A) a survey of facilities of the Department for Affairs National Acquisition Center in Hines, Il- area within which the property is located.’’. purposes of identifying Department property linois. (b) TERM OF ENHANCED-USE LEASE.—Section that presents an opportunity for lease under the (5) A description of the effects, if any, of such 8162(b) is amended— enhanced-use lease authority; (1) in paragraph (2), by striking ‘‘may not ex- cooperation on military readiness. (B) an assessment of the feasibility of entering (6) A comprehensive assessment of cost savings ceed—’’ and all that follows and inserting ‘‘may into enhanced-use leases under that authority realized and projected over the five fiscal year not exceed 75 years.’’; and (2) by striking paragraph (4) and inserting the in the case of any property identified under sub- period beginning in fiscal year 1999 for the De- following: paragraph (A) as presenting an opportunity for partment of Veterans Affairs and the Depart- ‘‘(4) The terms of an enhanced-use lease may such lease; and ment of Defense as a result of such cooperation, provide for the Secretary to— (C) an assessment of the resources required at and the overall savings to the Treasury of the ‘‘(A) obtain facilities, space, or services on the the Department facilities concerned, and at the United States as a result of such cooperation. leased property; and Department Central Office, in order to facilitate (7) A list of the types of medical supplies and ‘‘(B) use minor construction funds for capital the entering into of enhanced-used leases in the pharmaceuticals for which cooperative agree- contribution payments.’’. case of property so identified. ments would not be appropriate and the reason (c) DESIGNATION OF PROPERTY PROPOSED TO (3) If as a result of a survey under paragraph or reasons therefor. BE LEASED.—(1) Subsection (b) of section 8163 is (2)(A) an entity carrying out an analysis under (8) An assessment of the extent to which coop- amended— this subsection determines that a particular De- erative agreements could be expanded to include (A) by striking ‘‘include—’’ and inserting ‘‘in- partment property presents no opportunities for medical equipment, major systems, and durable clude the following:’’; lease under the enhanced-use lease authority, goods used in the delivery of health care by the (B) by capitalizing the first letter of the first the analysis shall include the entity’s expla- Department of Veterans Affairs and the Depart- word of each of paragraphs (1), (2), (3), (4), and nation of that determination. ment of Defense. (5); (4) If as a result of such a survey an entity (9) A description of the effects such agree- (C) by striking the semicolon at the end of carrying out an analysis under this subsection ments might have on distribution of items pur- paragraphs (1), (2), and (3) and inserting a pe- determines that certain Department property chased cooperatively by the Department of Vet- riod; and presents an opportunity for lease under the en- erans Affairs and the Department of Defense, (D) by striking subparagraphs (A), (B), and hanced-use lease authority, the analysis shall particularly outside the continental United (C) of paragraph (4) and inserting the following: include a single integrated business plan, devel- States.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.015 pfrm02 PsN: H16PT1 H11984 CONGRESSIONAL RECORD — HOUSE November 16, 1999 (10) An assessment of the potential to estab- includes converting the provision of such bed (3) Construction of a surgical suite and post- lish common pharmaceutical formularies be- care from care in a Department facility to care anesthesia care unit at the Department of Vet- tween the Department of Veterans Affairs and under contract arrangements. erans Affairs Medical Center, Kansas City, Mis- the Department of Defense. ‘‘(2) The term ‘bed section’, with respect to a souri, in an amount not to exceed $13,000,000. (11) An explanation of the current Uniform medical center, means psychiatric beds (includ- (4) Renovations and environmental improve- Product Number (UPN) requirements of each ing beds for treatment of substance abuse and ments at the Department of Veterans Affairs Department and of any planned standardiza- post-traumatic stress disorder), intermediate, Medical Center, Atlanta, Georgia, in an amount tion of such requirements between the Depart- neurology, and rehabilitation medicine beds, ex- not to exceed $12,400,000. ments for medical equipment and durable goods tended care (other than nursing home) beds, (5) Demolition of buildings at the Dwight D. manufacturers. and domiciliary beds. Eisenhower Department of Veterans Affairs SEC. 211. REIMBURSEMENT OF MEDICAL EX- ‘‘(3) The term ‘justification’, with respect to Medical Center, Leavenworth, Kansas, in an PENSES OF VETERANS LOCATED IN closure of beds, means a written report that in- amount not to exceed $5,600,000. ALASKA. cludes the following: (6) Renovation to provide a domiciliary at Or- (a) PRESERVATION OF CURRENT REIMBURSE- ‘‘(A) An explanation of the reasons for the de- lando, Florida, in a total amount not to exceed MENT RATES.—Notwithstanding any other provi- termination that the closure is appropriate and $2,400,000, to be derived only from funds appro- sion of law, the Secretary shall, for purposes of advisable. priated for Construction, Major Projects, for a reimbursing veterans in Alaska for medical ex- ‘‘(B) A description of the changes in the func- fiscal year before fiscal year 2000 that remain penses under section 1728 of title 38, United tions to be carried out and the means by which available for obligation. States Code, during the one-year period begin- such care and services would continue to be pro- SEC. 402. AUTHORIZATION OF MAJOR MEDICAL ning on the date of the enactment of this Act, vided to eligible veterans. FACILITY LEASES. use the fee-for-service payment schedule in ef- ‘‘(C) A description of the anticipated effects of The Secretary of Veterans Affairs may enter fect for such purposes on July 31, 1999, rather the closure on veterans and on their access to into leases for medical facilities as follows: than the Participating Physician Fee Schedule care.’’. (1) Lease of an outpatient clinic, Lubbock, under the Medicare program. SEC. 302. PATIENT SERVICES AT DEPARTMENT Texas, in an amount not to exceed $1,112,000. (b) REPORT.—(1) Not later than 180 days after FACILITIES. (2) Lease of a research building, San Diego, the date of the enactment of this Act, the Sec- Section 7803 is amended— California, in an amount not to exceed retary of Veterans Affairs and the Secretary of (1) in subsection (a)— $1,066,500. Health and Human Services shall jointly submit (A) by striking ‘‘(a)’’ before ‘‘The canteens’’; SEC. 403. AUTHORIZATION OF APPROPRIATIONS. to the Committees on Veterans’ Affairs of the and (a) IN GENERAL.—There are authorized to be Senate and the House of Representatives a re- (B) by striking ‘‘in this subsection;’’ and all appropriated to the Secretary of Veterans Af- port and recommendation on the use of the Par- that follows through ‘‘the premises’’ and insert- fairs for fiscal year 2000 and for fiscal year ticipating Physician Fee Schedule under the ing ‘‘in this section’’; and 2001— Medicare program as a means of calculating re- (2) by striking subsection (b). (1) for the Construction, Major Projects, ac- imbursement rates for medical expenses of vet- SEC. 303. CHIROPRACTIC TREATMENT. count $57,500,000 for the projects authorized in erans located in Alaska under section 1728 of (a) ESTABLISHMENT OF PROGRAM.—Not later paragraphs (1) through (5) of section 401; and title 38, United States Code. than 120 days after the date of the enactment of (2) for the Medical Care account, $2,178,500 (2) The report shall— this Act, the Under Secretary for Health of the for the leases authorized in section 402. (A) assess the differences between health care Department of Veterans Affairs, after consulta- (b) LIMITATION.—The projects authorized in costs in Alaska and health care costs in the con- tion with chiropractors, shall establish a policy paragraphs (1) through (5) of section 401 may tinental United States; for the Veterans Health Administration regard- only be carried out using— (B) describe any differences between the costs ing the role of chiropractic treatment in the care (1) funds appropriated for fiscal year 2000 or of providing health care in Alaska and the reim- of veterans under chapter 17 of title 38, United fiscal year 2001 pursuant to the authorization of bursement rates for the provision of health care States Code. appropriations in subsection (a); under the Participating Physician Fee Sched- (b) DEFINITIONS.—For purposes of this section: (2) funds appropriated for Construction, ule; and (1) The term ‘‘chiropractic treatment’’ means Major Projects, for a fiscal year before fiscal (C) assess the effects on health care for vet- the manual manipulation of the spine performed year 2000 that remain available for obligation; erans in Alaska of implementing the Partici- by a chiropractor for the treatment of such and pating Physician Fee Schedule as a means of musculo-skeletal conditions as the Secretary (3) funds appropriated for Construction, calculating reimbursement rates for medical ex- considers appropriate. Major Projects, for fiscal year 2000 for a cat- penses of veterans located in Alaska under sec- (2) The term ‘‘chiropractor’’ means an indi- egory of activity not specific to a project. tion 1728 of title 38, United States Code. vidual who— TITLE V—BENEFITS AND EMPLOYMENT TITLE III—MISCELLANEOUS MEDICAL (A) is licensed to practice chiropractic in the MATTERS PROVISIONS State in which the individual performs chiro- Subtitle A—Compensation and DIC SEC. 301. REVIEW OF PROPOSED CHANGES TO OP- practic services; and SEC. 501. DEPENDENCY AND INDEMNITY COM- ERATION OF MEDICAL FACILITIES. (B) holds the degree of doctor of chiropractic from a chiropractic college accredited by the PENSATION FOR SURVIVING Section 8110 is amended by adding at the end SPOUSES OF FORMER PRISONERS OF the following new subsections: Council on Chiropractic Education. WAR. ‘‘(d) The Secretary may not in any fiscal year SEC. 304. DESIGNATION OF HOSPITAL BED RE- (a) SHORT TITLE.—This section may be cited close more than 50 percent of the beds within a PLACEMENT BUILDING AT IOANNIS as the ‘‘John William Rolen Act’’. A. LOUGARIS DEPARTMENT OF VET- bed section (of 20 or more beds) of a Department (b) ELIGIBILITY.—Section 1318(b) is amended— medical center unless the Secretary first submits ERANS AFFAIRS MEDICAL CENTER, RENO, NEVADA. (1) by striking ‘‘that either—’’ in the matter to the Committees on Veterans’ Affairs of the The hospital bed replacement building under preceding paragraph (1) and inserting ‘‘rated Senate and the House of Representatives a re- construction at the Ioannis A. Lougaris Depart- totally disabling if—’’; port providing a justification for the closure. No ment of Veterans Affairs Medical Center in (2) in paragraph (1)— action to carry out such closure may be taken Reno, Nevada, is hereby designated as the (A) by inserting ‘‘the disability’’ after ‘‘(1)’’; after the submission of such report until the end ‘‘Jack Streeter Building’’. Any reference to that and of the 21-day period beginning on the date of building in any law, regulation, map, document, (B) by striking ‘‘or’’ after ‘‘death;’’; the submission of the report. record, or other paper of the United States shall (3) in paragraph (2)— ‘‘(e) The Secretary shall submit to the Com- be considered to be a reference to the Jack (A) by striking ‘‘if so rated for a lesser period, mittees on Veterans’ Affairs of the Senate and Streeter Building. was so rated continuously’’ and inserting ‘‘the the House of Representatives, not later than disability was continuously rated totally dis- January 20 of each year, a report documenting TITLE IV—CONSTRUCTION AND abling’’; and by network for the preceding fiscal year the fol- FACILITIES MATTERS (B) by striking the period at the end and in- lowing: SEC. 401. AUTHORIZATION OF MAJOR MEDICAL serting ‘‘; or’’; and ‘‘(1) The number of medical service and sur- FACILITY PROJECTS. (4) by adding at the end the following new gical service beds, respectively, that were closed The Secretary of Veterans Affairs may carry paragraph: during that fiscal year and, for each such clo- out the following major medical facility projects, ‘‘(3) the veteran was a former prisoner of war sure, a description of the changes in delivery of with each project to be carried out in the who died after September 30, 1999, and the dis- services that allowed such closure to occur. amount specified for that project: ability was continuously rated totally disabling ‘‘(2) The number of nursing home beds that (1) Construction of a long term care facility at for a period of not later than one year imme- were the subject of a mission change during that the Department of Veterans Affairs Medical diately preceding death.’’. fiscal year and the nature of each such mission Center, Lebanon, Pennsylvania, in an amount SEC. 502. REINSTATEMENT OF CERTAIN BENE- change. not to exceed $14,500,000. FITS FOR REMARRIED SURVIVING ‘‘(f) For purposes of this section: (2) Renovations and environmental improve- SPOUSES OF VETERANS UPON TER- ‘‘(1) The term ‘closure’, with respect to beds in ments at the Department of Veterans Affairs MINATION OF THEIR REMARRIAGE. a medical center, means ceasing to provide staff- Medical Center, Fargo, North Dakota, in an (a) RESTORATION OF PRIOR ELIGIBILITY.—Sec- ing for, and to operate, those beds. Such term amount not to exceed $12,000,000. tion 103(d) is amended—

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.017 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11985

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and (c) CLARIFICATION OF CIVIL SERVICE EMPLOY- ‘‘(3) The Secretary of the Treasury shall in- (2) by adding at the end the following: MENT OPPORTUNITIES.—Subject to subsection vest any portion of the fund that, as determined ‘‘(2) The remarriage of the surviving spouse of (a), section 3304(f) of title 5, United States Code, by the Chairman, is not required to meet current a veteran shall not bar the furnishing of bene- is amended— expenses. Each investment shall be made in an fits specified in paragraph (5) to such person as (1) by striking paragraph (4); interest-bearing obligation of the United States the surviving spouse of the veteran if the remar- (2) by redesignating paragraphs (2) and (3) as or an obligation guaranteed as to principal and riage has been terminated by death or divorce paragraphs (3) and (4), respectively; interest by the United States that, as determined unless the Secretary determines that the divorce (3) by inserting after paragraph (1) the fol- by the Chairman, has a maturity suitable for was secured through fraud or collusion. lowing new paragraph (2): the fund. ‘‘(3) If the surviving spouse of a veteran ‘‘(2) If selected, a preference eligible or vet- ‘‘(c) USE OF FUND.—The fund shall be avail- ceases living with another person and holding eran described in paragraph (1) shall receive a able to the Commission— himself or herself out openly to the public as career or career-conditional appointment, as ap- ‘‘(1) for the expenses of establishing the World that person’s spouse, the bar to granting that propriate.’’; and War II memorial, including the maintenance person benefits as the surviving spouse of the (4) by adding at the end the following new and preservation amount provided for in section veteran shall not apply in the case of the bene- paragraph: 8(b) of the Commemorative Works Act (40 U.S.C. fits specified in paragraph (5). ‘‘(5) The Office of Personnel Management 1008(b)); ‘‘(4) The first month of eligibility for benefits shall prescribe regulations necessary for the ad- ‘‘(2) for such other expenses, other than rou- for a surviving spouse by reason of this sub- ministration of this subsection. The regulations tine maintenance, with respect to the World section shall be the month after— shall ensure that an individual who has com- War II memorial as the Commission considers ‘‘(A) the month of the termination of such re- pleted an initial tour of active duty is not ex- warranted; and marriage, in the case of a surviving spouse de- cluded from the application of this subsection ‘‘(3) to secure, obtain, register, enforce, pro- scribed in paragraph (2); or because of having been released from such tour tect, and license any mark, copyright, or patent ‘‘(B) the month of the cessation described in of duty shortly before completing 3 years of ac- that is owned by, assigned to, or licensed to the paragraph (3), in the case of a surviving spouse tive service, having been honorably released Commission under section 2114 of this title to aid described in that paragraph. from such duty.’’. or facilitate the construction of the World War ‘‘(5) Paragraphs (2) and (3) apply with respect (d) EFFECTIVE DATE.—(1) If pursuant to sub- II memorial. to benefits under the following provisions of this section (a) the amendments specified in sub- ‘‘(d) SPECIAL BORROWING AUTHORITY.—(1) To title: section (b) are made, those amendments shall assure that groundbreaking, construction, and ‘‘(A) Section 1311, relating to dependency and apply as if included in section 204 of the Federal dedication of the World War II memorial are indemnity compensation. Reserve Board Retirement Portability Act. carried out on a timely basis, the Commission ‘‘(B) Section 1713, relating to medical care for (2) If pursuant to subsection (a) the amend- may borrow money from the Treasury of the survivors and dependents of certain veterans. ments specified in subsection (c) are made, those United States in such amounts as the Commis- ‘‘(C) Chapter 35, relating to educational as- amendments shall take effect as of October 31, sion considers necessary, but not to exceed a sistance. 1998, as if included in subsection (f) of section total of $65,000,000. Borrowed amounts shall ‘‘(D) Chapter 37, relating to housing loans.’’. 3304 of title 5, United States Code, as enacted by bear interest at a rate determined by the Sec- (b) CONFORMING AMENDMENT.—Section 1311 is section 2 of the Veterans Employment Opportu- retary of the Treasury, taking into consider- amended by striking subsection (e). nities Act of 1998 (Public Law 105–339; 112 Stat. ation the average market yield on outstanding (c) EFFECTIVE DATE.—The amendments made 3182). marketable obligations of the United States of by subsections (a) and (b) shall take effect on TITLE VI—MEMORIAL AFFAIRS MATTERS comparable maturities during the month pre- the first day of the first month beginning after Subtitle A—American Battle Monuments ceding the month in which the obligations of the the month in which this Act is enacted. Commission Commission are issued. The interest payments (d) LIMITATION.—No payment may be made to on such obligations may be deferred with the a person by reason of paragraphs (2) and (3) of SEC. 601. CODIFICATION AND EXPANSION OF AU- THORITY FOR WORLD WAR II MEMO- approval of the Secretary, but any interest pay- section 103(d) of title 38, United States Code, as RIAL. ment so deferred shall also bear interest. added by subsection (a), for any period before (a) CODIFICATION OF EXISTING AUTHORITY; ‘‘(2) The borrowing of money by the Commis- the effective date specified in subsection (c). EXPANSION OF AUTHORITY.—(1) Chapter 21 of sion under paragraph (1) shall be subject to SEC. 503. PRESUMPTION THAT BRONCHIOLO-AL- title 36, United States Code, is amended by add- such maturities, terms, and conditions as may VEOLAR CARCINOMA IS SERVICE- ing at the end the following new section: be agreed upon by the Commission and the Sec- CONNECTED. retary, except that the maturities may not ex- Section 1112(c)(2) is amended by adding at the ‘‘§ 2113. World War II memorial in the District of Columbia ceed 20 years and such borrowings may be re- end the following new subparagraph: deemable at the option of the Commission before ‘‘(P) Bronchiolo-alveolar carcinoma.’’. ‘‘(a) SOLICITATION AND ACCEPTANCE OF CON- TRIBUTIONS.—(1) Consistent with its authority maturity. Subtitle B—Employment under section 2103(e) of this title, the American ‘‘(3) The obligations of the Commission shall SEC. 511. CLARIFICATION OF VETERANS’ CIVIL Battle Monuments Commission shall solicit and be issued in amounts and at prices approved by SERVICE EMPLOYMENT OPPORTUNI- accept contributions for the World War II memo- the Secretary. The authority of the Commission TIES. rial. to issue obligations under this subsection shall (a) COORDINATION OF AMENDMENTS.—If the ‘‘(2) In this section, the term ‘World War II remain available without fiscal year limitation. Federal Reserve Board Retirement Portability memorial’ means the memorial authorized by The Secretary of the Treasury shall purchase Act is enacted before this Act, the amendments Public Law 103–32 (40 U.S.C. 1003 note) to be es- any obligations of the Commission to be issued made by subsection (b) shall be made and the tablished by the Commission on Federal land in under this subsection, and for such purpose the amendments made by subsection (c) shall not be the District of Columbia or its environs to honor Secretary of the Treasury may use as a public made. Otherwise, the amendments made by sub- members of the Armed Forces who served in debt transaction of the United States the pro- section (c) shall be made and the amendments World War II and to commemorate the partici- ceeds from the sale of any securities issued made by subsection (b) and the amendments pation of the United States in that war. under chapter 31 of title 31. The purposes for made by section 204 of the Federal Reserve ‘‘(b) CREATION OF MEMORIAL FUND.—(1) which securities may be issued under such chap- Board Retirement Portability Act shall not be There is hereby created in the Treasury a fund ter are extended to include any purchase of the made. for the World War II memorial, which shall con- Commission’s obligations under this subsection. (b) CLARIFICATION OF CIVIL SERVICE EMPLOY- sist of the following: ‘‘(4) Repayment of the interest and principal MENT OPPORTUNITIES.—Subject to subsection ‘‘(A) Amounts deposited, and interest and pro- on any funds borrowed by the Commission (a), section 3304(f) of title 5, United States Code, ceeds credited, under paragraph (2). under paragraph (1) shall be made from as amended by section 204 of the Federal Re- ‘‘(B) Obligations obtained under paragraph amounts in the fund. The Commission may not serve Board Retirement Portability Act, is (3). use for such purpose any funds appropriated for amended— ‘‘(C) The amount of surcharges paid to the any other activities of the Commission. (1) in paragraph (2), as added by such section, Commission for the World War II memorial ‘‘(e) TREATMENT OF BORROWING AUTHORITY.— by striking ‘‘shall acquire competitive status under the World War II 50th Anniversary Com- In determining whether the Commission has suf- and’’; and memorative Coins Act (31 U.S.C. 5112 note). ficient funds to complete construction of the (2) by adding at the end the following new ‘‘(D) Amounts borrowed using the authority World War II memorial, as required by section 8 paragraph: provided under subsection (d). of the Commemorative Works Act (40 U.S.C. ‘‘(5) The Office of Personnel Management ‘‘(E) Any funds received by the Commission 1008), the Secretary of the Interior shall con- shall prescribe regulations necessary for the ad- under section 2114 of this title in exchange for sider the funds that the Commission may borrow ministration of this subsection. The regulations use of, or the right to use, any mark, copyright from the Treasury under subsection (d) as funds shall ensure that an individual who has com- or patent. available to complete construction of the memo- pleted an initial tour of active duty is not ex- ‘‘(2) The Chairman of the Commission shall rial, whether or not the Commission has actu- cluded from the application of this subsection deposit in the fund the amounts accepted as ally exercised the authority to borrow such because of having been released from such tour contributions under subsection (a). The Sec- funds. of duty shortly before completing 3 years of ac- retary of the Treasury shall credit to the fund ‘‘(f) VOLUNTARY SERVICES.—(1) Notwith- tive service, having been honorably released the interest on, and the proceeds from sale or re- standing section 1342 of title 31, the Commission from such duty.’’. demption of, obligations held in the fund. may accept from any person voluntary services

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.020 pfrm02 PsN: H16PT1 H11986 CONGRESSIONAL RECORD — HOUSE November 16, 1999 to be provided in furtherance of the fund-rais- 601(a)(1), is further amended by adding at the the establishment of the national cemeteries ing activities of the Commission relating to the end the following new section: under subsection (a). The report shall set forth World War II memorial. ‘‘§ 2114. Intellectual property and related the following: ‘‘(2) A person providing voluntary services items (A) The six areas of the United States deter- under this subsection shall be considered to be a mined by the Secretary to be most in need of the Federal employee for purposes of chapter 81 of ‘‘(a) AUTHORITY TO USE AND REGISTER INTEL- establishment of a new national cemetery. title 5, relating to compensation for work-related LECTUAL PROPERTY.—The American Battle (B) A schedule for such establishment. injuries, and chapter 171 of title 28, relating to Monuments Commission may— (C) An estimate of the costs associated with ‘‘(1) adopt, use, register, and license trade- tort claims. A volunteer who is not otherwise such establishment. marks, service marks, and other marks; employed by the United States shall not be con- (D) The amount obligated from the advance ‘‘(2) obtain, use, register, and license the use sidered to be a Federal employee for any other planning fund under subsection (b). of copyrights consistent with section 105 of title purpose by reason of the provision of such vol- (2) Not later than one year after the date on 17; untary service, except that any volunteer given which the report described in paragraph (1) is ‘‘(3) obtain, use, and license patents; and responsibility for the handling of funds or the submitted, and annually thereafter until the es- ‘‘(4) accept gifts of marks, copyrights, patents, carrying out of a Federal function is subject to tablishment of the national cemeteries under and licenses for use by the Commission. the conflict of interest laws contained in chap- subsection (a) is complete, the Secretary shall ‘‘(b) AUTHORITY TO GRANT LICENSES.—The ter 11 of title 18 and the administrative stand- submit to Congress a report that updates the in- Commission may grant exclusive and nonexclu- ards of conduct contained in part 2635 of title 5 formation included in the report described in sive licenses in connection with any mark, copy- of the Code of Federal Regulations. paragraph (1). ‘‘(3) The Commission may provide for reim- right, patent, or license for the use of such SEC. 612. USE OF FLAT GRAVE MARKERS AT bursement of incidental expenses that are in- mark, copyright or patent, except to the extent SANTA FE NATIONAL CEMETERY, NEW MEXICO. curred by a person providing voluntary services the grant of such license by the Commission Notwithstanding section 2404(c)(2) of title 38, under this subsection. The Commission shall de- would be contrary to any contract or license by United States Code, the Secretary may provide termine those expenses that are eligible for reim- which the use of the mark, copyright, or patent for flat grave markers at the Santa Fe National bursement under this paragraph. was obtained. ‘‘(4) Nothing in this subsection shall be con- ‘‘(c) ENFORCEMENT AUTHORITY.—The Commis- Cemetery, New Mexico. strued to require any Federal employee to work sion may enforce any mark, copyright, or patent SEC. 613. INDEPENDENT STUDY ON IMPROVE- MENTS TO VETERANS’ CEMETERIES. without compensation or to allow the use of vol- by an action in the district courts under any (a) STUDY.—Not later than 180 days after the unteer services to displace or replace any Fed- law providing for the protection of such marks, date of the enactment of this Act, the Secretary eral employee. copyrights, or patents. shall enter into a contract with one or more ‘‘(g) TREATMENT OF CERTAIN CONTRACTS.—A ‘‘(d) LEGAL REPRESENTATION.—The Attorney contract entered into by the Commission for the General shall furnish the Commission with such qualified organizations to conduct a study of design or construction of the World War II me- legal representation as the Commission may re- national cemeteries described in subsection (b). morial is not a funding agreement as that term quire under subsection (c). The Secretary of De- For purposes of this section, an entity of Fed- is defined in section 201 of title 35. fense shall provide representation for the Com- eral, State, or local government is not a quali- ‘‘(h) EXTENSION OF AUTHORITY TO ESTABLISH mission in administrative proceedings before the fied organization. (b) MATTERS STUDIED.—(1) The study con- MEMORIAL.—Notwithstanding section 10 of the Patent and Trademark Office and Copyright Of- Commemorative Works Act (40 U.S.C. 1010), the fice. ducted pursuant to the contract entered into authority for the construction of the World War ‘‘(e) IRREVOCABILITY OF TRANSFERS OF COPY- under subsection (a) shall include an assessment II memorial provided by Public Law 103–32 (40 RIGHTS TO COMMISSION.—Section 203 of title 17 of each of the following: (A) The one-time repairs required at each na- U.S.C. 1003 note) expires on December 31, 2005.’’. shall not apply to any copyright transferred in (2) The table of sections at the beginning of any manner to the Commission.’’. tional cemetery under the jurisdiction of the Na- tional Cemetery Administration of the Depart- such chapter is amended by adding at the end (b) CLERICAL AMENDMENT.—The table of sec- the following new item: tions at the beginning of such chapter, as ment of Veterans Affairs to ensure a dignified and respectful setting appropriate to such ceme- ‘‘2113. World War II memorial in the District of amended by section 601(a)(2), is further amend- ed by adding at the end the following new item: tery, taking into account the variety of age, cli- Columbia.’’. mate, and burial options at individual national ‘‘2114. Intellectual property and related items.’’. (b) CONFORMING AMENDMENTS.—Public Law cemeteries. 103–32 (40 U.S.C. 1003 note) is amended by strik- SEC. 604. TECHNICAL AMENDMENTS. (B) The feasibility of making standards of ap- ing sections 3, 4, and 5. Chapter 21 of title 36, United States Code, is pearance of active national cemeteries, and the (c) EFFECT OF REPEAL OF CURRENT MEMORIAL amended as follows: feasibility of making standards of appearance of FUND.—Upon the enactment of this Act, the (1) Section 2101(b) is amended— closed national cemeteries, commensurate with Secretary of the Treasury shall transfer (A) by striking ‘‘title 37, United States Code,’’ standards of appearance of the finest cemeteries amounts in the fund created by section 4(a) of in paragraph (2) and inserting ‘‘title 37’’; and in the world. Public Law 103–32 (40 U.S.C. 1003 note) to the (B) by striking ‘‘title 5, United States Code,’’ (C) The number of additional national ceme- fund created by section 2113(b) of title 36, in paragraph (3) and inserting ‘‘title 5’’. teries that will be required for the interment and United States Code, as added by subsection (a). (2) Section 2102(a)(1) is amended, by striking memorialization in such cemeteries of individ- SEC. 602. GENERAL AUTHORITY TO SOLICIT AND ‘‘title 5, United States Code’’ and inserting uals qualified under chapter 24 of title 38, RECEIVE CONTRIBUTIONS. ‘‘title 5’’. United States Code, who die after 2005. Subsection (e) of section 2103 of title 36, (3) Section 2103 is amended— (D) The advantages and disadvantages of the United States Code, is amended to read as fol- (A) by striking ‘‘title 31, United States Code’’ use by the National Cemetery Administration of lows: in subsection (h)(2)(A)(i) and inserting ‘‘title flat grave markers and upright grave markers. ‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBU- 31’’; (E) The current condition of flat grave marker TIONS.—(1) The Commission may solicit and re- (B) by striking ‘‘title 44, United States Code’’ sections at each of the national cemeteries. ceive funds and in-kind donations and gifts in subsection (i) and inserting ‘‘title 44’’; and (2) In presenting the assessment of additional from any State, municipal, or private source to (C) by striking ‘‘chairman’’ each place it ap- national cemeteries required under paragraph carry out the purposes of this chapter. The pears and inserting ‘‘Chairman’’. (1)(C), the report shall identify by five-year pe- Commission shall deposit such funds in a sepa- riod, beginning with 2005 and ending with 2020, Subtitle B—National Cemeteries rate account in the Treasury. Funds from that the following: account shall be disbursed upon vouchers ap- SEC. 611. ESTABLISHMENT OF ADDITIONAL NA- (A) The number of additional national ceme- proved by the Chairman of the Commission. TIONAL CEMETERIES. teries required during each such five-year pe- ‘‘(2) The Commission shall establish written (a) ESTABLISHMENT.—The Secretary shall es- riod. guidelines setting forth the criteria to be used in tablish, in accordance with chapter 24 of title (B) With respect to each such five-year period, determining whether the acceptance of funds 38, United States Code, a national cemetery in the areas in the United States with the greatest and in-kind donations and gifts under para- each of the six areas in the United States that concentration of veterans whose needs are not graph (1) would— the Secretary determines to be most in need of served by national cemeteries or State veterans’ ‘‘(A) reflect unfavorably on the ability of the such a cemetery to serve the needs of veterans cemeteries. Commission, or any member or employee of the and their families. (c) REPORT.—(1) Not later than one year after Commission, to carry out the responsibilities or (b) OBLIGATION OF FUNDS IN FISCAL YEAR the date on which a qualified organization en- official duties of the Commission in a fair and 2000.—The Secretary shall obligate, from the ad- ters into a contract under subsection (a), the or- objective manner; or vance planning fund in the Construction, Major ganization shall submit to the Secretary a report ‘‘(B) compromise the integrity or the appear- Projects account appropriated to the Depart- setting forth the results of the study conducted ance of the integrity of the programs of the ment for fiscal year 2000, such amounts for costs and conclusions of the organization with respect Commission or any official involved in those that the Secretary estimates are required for the to such results. programs.’’. planning and commencement of the establish- (2) Not later than 120 days after the date on SEC. 603. INTELLECTUAL PROPERTY AND RE- ment of national cemeteries under this section. which a report is submitted under paragraph LATED ITEMS. (c) REPORTS.—(1) Not later than 120 days (1), the Secretary shall transmit to the Commit- (a) IN GENERAL.—Chapter 21 of title 36, after the date of the enactment of this Act, the tees on Veterans’ Affairs of the House of Rep- United States Code, as amended by section Secretary shall submit to Congress a report on resentatives and the Senate a copy of the report,

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.022 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11987 together with any comments on the report that (1) by redesignating subsection (g) as sub- SEC. 704. TECHNICAL AMENDMENTS. the Secretary considers appropriate. section (h); Sections 3011(i) and 3012(g)(1) are amended by Subtitle C—Burial Benefits (2) in subsection (a)— striking ‘‘Federal’’. (A) by striking ‘‘through (e)’’ and inserting SEC. 621. INDEPENDENT STUDY ON IMPROVE- Subtitle B—Housing Matters ‘‘through (g)’’; and MENTS TO VETERANS’ BURIAL BENE- SEC. 711. EXTENSION OF AUTHORITY FOR HOUS- FITS. (B) by striking ‘‘subsection (g)’’ and inserting ING LOANS FOR MEMBERS OF THE (a) STUDY.—Not later than 60 days after the ‘‘subsection (h)’’; and SELECTED RESERVE. date of the enactment of this Act, the Secretary (3) by inserting after subsection (f) the fol- Section 3702(a)(2)(E) is amended by striking shall enter into a contract with one or more lowing new subsection: ‘‘September 30, 2003,’’ and inserting ‘September qualified organizations to conduct a study of ‘‘(g) In the case of an individual described in 30, 2007,’’. section 3011(f)(3) of this title, the period during burial benefits under chapter 23 of title 38, SEC. 712. TECHNICAL AMENDMENT RELATING TO United States Code. For purposes of this section, which that individual may use the individual’s TRANSITIONAL HOUSING LOAN an entity of Federal, State, or local government entitlement to educational assistance allowance GUARANTEE PROGRAM. is not a qualified organization. expires on the last day of the 10-year period be- Section 3775 is amended— (b) MATTERS STUDIED.—The study conducted ginning on the date of the enactment of the Vet- (1) by inserting ‘‘(a)’’ before ‘‘During each’’; pursuant to the contract entered into under sub- erans Millennium Health Care and Benefits Act and section (a) shall include consideration of the fol- if that date is later than the date that would (2) by adding at the end the following new lowing: otherwise be applicable to that individual under subsection: (1) An assessment of the adequacy and effec- this section.’’. ‘‘(b) After the first three years of operation of tiveness of the burial benefits administered by (c) EFFECTIVE DATE.—The amendments made such a multifamily transitional housing project, the Secretary under chapter 23 of title 38, by subsection (a) shall take effect on the date of the Secretary may provide for periodic audits of United States Code, in meeting the burial needs the enactment of this Act and apply with re- the project.’’. of veterans and their families. spect to an individual first appointed as a com- TITLE VIII—DEPARTMENT OF VETERANS (2) Options to better serve the burial needs of missioned officer on or after July 1, 1985. AFFAIRS ADMINISTRATIVE MATTERS veterans and their families, including modifica- SEC. 703. REPORT ON VETERANS’ EDUCATION SEC. 801. ENHANCED QUALITY ASSURANCE PRO- AND VOCATIONAL TRAINING BENE- tions to burial benefit amounts and eligibility, GRAM WITHIN THE VETERANS BENE- FITS PROVIDED BY THE STATES. together with the estimated cost for each such FITS ADMINISTRATION. (a) REPORT.—(1) Not later than six months modification. (a) IN GENERAL.—(1) Chapter 77 is amended (3) Expansion of the authority of the Sec- after the date of the enactment of this Act, the by adding at the end the following new sub- retary to provide burial benefits for burials in Secretary shall submit to the Committees on Vet- chapter: private-sector cemeteries and to make grants to erans’ Affairs of the Senate and the House of ‘‘SUBCHAPTER III—QUALITY ASSURANCE private-sector cemeteries. Representatives a report on veterans education (c) REPORT.—(1) Not later than 120 days after and vocational training benefits provided by the ‘‘§ 7731. Establishment the date on which a qualified organization en- States. ‘‘(a) The Secretary shall carry out a quality ters into a contract under subsection (a), the or- (2) Benefits to be considered to be veterans assurance program in the Veterans Benefits Ad- ganization shall submit to the Secretary a report education and vocational training benefits for ministration. The program may be carried out setting forth the results of the study conducted the purpose of this section include any edu- through a single quality assurance division in and conclusions of the organization with respect cation or vocational training benefit provided by the Administration or through separate quality to those results. a State (including any political subdivision of a assurance entities for each of the principal or- (2) Not later than 60 days after the date on State) for which persons are eligible by reason ganizational elements (known as ‘services’) of which a report is submitted under paragraph of service in the Armed Forces, including, in the the Administration. (1), the Secretary shall transmit to the Commit- case of persons who died in the Armed Forces or ‘‘(b) The Secretary shall ensure that any tees on Veterans’ Affairs of the Senate and as a result of a disease or disability incurred in quality assurance entity established and oper- House of Representatives a copy of the report, the Armed Forces, benefits provided by reason of ated under subsection (a) is established and op- together with any comments on the report that the service of those persons to their survivors or erated so as to meet generally applicable govern- the Secretary considers appropriate. dependents. mental standards for independence and internal TITLE VII—EDUCATION AND HOUSING (3) For purposes of this section, the term ‘‘vet- controls for the performance of quality reviews MATTERS eran’’ includes a person serving on active duty of Government performance and results. Subtitle A—Education Matters or in one of the reserve components and a per- ‘‘§ 7732. Functions son who died while in the active military, naval, SEC. 701. AVAILABILITY OF MONTGOMERY GI BILL ‘‘The Under Secretary for Benefits, acting BENEFITS FOR PREPARATORY or air service. through the quality assurance entities estab- COURSES FOR COLLEGE AND GRAD- (b) MATTERS TO BE INCLUDED.—The report lished under section 7731(a), shall on an ongo- UATE SCHOOL ENTRANCE EXAMS. under this section shall include the following: ing basis perform and oversee quality reviews of Section 3002(3) is amended— (1) A description, by State, of the veterans the functions of each of the principal organiza- (1) by striking ‘‘, and’’ at the end of subpara- education and vocational training benefits pro- tional elements of the Veterans Benefits Admin- graph (A) and inserting a semicolon; vided, including— istration. (2) by redesignating subparagraph (B) as sub- (A) identification of benefits that are provided paragraph (C); and specifically for disabled veterans or for which ‘‘§ 7733. Personnel (3) by inserting after subparagraph (A) the disabled veterans receive benefits in a different ‘‘The Secretary shall ensure that the number following new subparagraph (B): amount; and of full-time employees of the Veterans Benefits ‘‘(B) includes— (B) identification of benefits for which sur- Administration assigned to quality assurance ‘‘(i) a preparatory course for a test that is re- vivors of persons who died in the Armed Forces functions under this subchapter is adequate to quired or used for admission to an institution of (or as a result of a disease or disability incurred perform the quality assurance functions for higher education; and in the Armed Forces) or who were disabled in which they have responsibility. ‘‘(ii) a preparatory course for a test that is re- the Armed Forces are eligible. ‘‘§ 7734. Annual report to Congress quired or used for admission to a graduate (2) For each State that provides a veterans school; and’’. ‘‘The Secretary shall include in the annual re- education benefit consisting of full or partial port to the Congress required by section 529 of SEC. 702. DETERMINATION OF ELIGIBILITY PE- tuition assistance for post-secondary education, this title a report on the quality assurance ac- RIOD FOR MEMBERS OF THE ARMED a description of that benefit, including whether FORCES COMMISSIONED FOL- tivities carried out under this subchapter. Each LOWING COMPLETION OF OFFICER the benefit is limited to tuition for attendance at such report shall include— TRAINING SCHOOL. an institution of higher education in that State ‘‘(1) an appraisal of the quality of services (a) MEASUREMENT OF PERIOD COUNTED FOR or to tuition for attendance at a public institu- provided by the Veterans Benefits Administra- GI BILL ELIGIBILITY.—Section 3011(f) is tion of higher education in that State. tion, including— amended— (3) A description of actions and programs of ‘‘(A) the number of decisions reviewed; (1) in paragraph (1), by striking ‘‘paragraph the Department of Veterans Affairs, the Depart- ‘‘(B) a summary of the findings on the deci- (2)’’ and inserting ‘‘paragraph (2) or (3); and ment of Defense, the Department of Education, sions reviewed; (2) by adding at the end the following new and the Department of Labor to encourage the ‘‘(C) the number of full-time equivalent em- paragraph: States to provide benefits designed to assist vet- ployees assigned to quality assurance in each ‘‘(3) This subsection applies to a member who erans in securing post-secondary education and division or entity; after a period of continuous active duty as an vocational training. ‘‘(D) specific documentation of compliance enlisted member or warrant officer, and fol- (c) CONSULTATION.—The report under this sec- with the standards for independence and inter- lowing successful completion of officer training tion shall be prepared in consultation with the nal control required by section 7731(b) of this school, is discharged in order to accept, without Secretary of Education, the Secretary of De- title; and a break in service, a commission as an officer in fense, and the Secretary of Labor. ‘‘(E) actions taken to improve the quality of the Armed Forces for a period of active duty.’’. (d) STATE DEFINED.—For purposes of this sec- services provided and the results obtained; (b) CONFORMING AMENDMENTS FOR TIME LIMI- tion, the term ‘‘State’’ has the meaning given ‘‘(2) information with respect to the accuracy TATION FOR USE OF ELIGIBILITY AND ENTITLE- that term in section 101(20) of title 38, United of decisions, including trends in that informa- MENT.—Section 3031 is amended— States Code. tion; and

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.024 pfrm02 PsN: H16PT1 H11988 CONGRESSIONAL RECORD — HOUSE November 16, 1999

‘‘(3) such other information as the Secretary (3) Section 3(b)(2) is amended by striking ‘‘and (g) APPLICABILITY OF RECALL STATUS AU- considers appropriate.’’. no more than 20 programs which incorporate the THORITY.—The provisions of section 7257 of this (2) The table of sections at the beginning of procurement of vans as described in paragraph title shall apply to a judge retired in accordance such chapter is amended by adding at the end (1)’’. with this section as if the judge is a judge speci- the following new items: (4) Section 12 is amended in the first sentence fied in subsection (a)(2)(A) of that section. ‘‘SUBCHAPTER III—QUALITY ASSURANCE by inserting ‘‘and $50,000,000 for each of fiscal (h) RATE OF RETIRED PAY.—The rate of re- ‘‘7731. Establishment. years 2000 and 2001’’ after ‘‘for fiscal years 1993 tired pay for a judge retiring in accordance with ‘‘7732. Functions. through 1997’’. this section is— ‘‘7733. Personnel. SEC. 904. PLAN FOR EVALUATION OF PERFORM- (1) the rate applicable to that judge under sec- ‘‘7734. Annual report to Congress.’’. ANCE OF PROGRAMS TO ASSIST tion 7296(c)(1) of title 38, United States Code, (b) EFFECTIVE DATE.—Subchapter III of chap- HOMELESS VETERANS. multiplied by ter 77 of title 38, United States Code, as added (a) REPORT.—Not later than 90 days after the (2) the fraction (not in excess of 1) in which— by subsection (a), shall take effect at the end of date of the enactment of this Act, the Secretary (A) the numerator is the number of years of the 60-day period beginning on the date of the shall submit to the Committees on Veterans’ Af- service of the judge as a judge of the Court cred- enactment of this Act. fairs of the Senate and the House of Representa- itable under section 7296 of such title; and tives a report containing a detailed plan for the (B) the denominator is 15. SEC. 802. EXTENSION OF AUTHORITY TO MAIN- (i) ADJUSTMENTS IN RETIRED PAY FOR JUDGES TAIN A REGIONAL OFFICE IN THE evaluation by the Department of Veterans Af- REPUBLIC OF THE PHILIPPINES. fairs of the effectiveness of programs to assist AVAILABLE FOR RECALL.—Subject to section Section 315(b) is amended by striking ‘‘Decem- homeless veterans. The plan shall be prepared in 7296(f)(3)(B) of title 38, United States Code, an ber 31, 1999’’ and inserting ‘‘December 31, 2003’’. consultation with the Secretary of Housing and adjustment provided by law in annuities pay- able under civil service retirement laws shall SEC. 803. EXTENSION OF ADVISORY COMMITTEE Urban Development and the Secretary of Labor. ON MINORITY VETERANS. (b) INCLUSION OF OUTCOME MEASURES.—The apply to retired pay under this section in the Section 544(e) is amended by striking ‘‘Decem- plan shall include outcome measures to show case of a judge who is a recall-eligible retired ber 31, 1999’’ and inserting ‘‘December 31, 2003’’. whether veterans for whom housing or employ- judge under section 7257 of such title or who ment is secured through one or more of those was a recall-eligible retired judge under that SEC. 804. TECHNICAL AMENDMENT TO AUTO- section and was removed from recall status MOBILE ASSISTANCE PROGRAM. programs continue to be housed or employed, as under subsection (b)(4) of that section by reason Section 3903(e)(2) is amended by striking ‘‘(not the case may be, after six months. of disability. owned by the Government)’’. TITLE X—UNITED STATES COURT OF (j) DUTY OF ACTUARY.—Section 7298(e)(2) is APPEALS FOR VETERANS CLAIMS TITLE IX—HOMELESS VETERANS amended— PROGRAMS SEC. 1001. SHORT TITLE. (1) by redesignating subparagraph (C) as sub- SEC. 901. HOMELESS VETERANS’ REINTEGRATION This title may be cited as the ‘‘Court of Ap- paragraph (D); and PROGRAMS. peals for Veterans Claims Amendments of 1999’’. (2) by inserting after subparagraph (B) the (a) IN GENERAL.—Chapter 41 is amended by SEC. 1002. DEFINITION. following new subparagraph: adding at the end the following new section: In this title, the term ‘‘Court’’ means the ‘‘(C) For purposes of subparagraph (B), the ‘‘§ 4111. Homeless veterans’ reintegration pro- United States Court of Appeals for Veterans term ‘present value’ includes a value determined grams Claims. by an actuary with respect to a payment that may be made under subsection (b) from the re- ‘‘(a) IN GENERAL.—The Secretary, acting Subtitle A—Transitional Provisions To tirement fund within the contemplation of through the Assistant Secretary of Labor for Stagger Terms of Judges law.’’. Veterans’ Employment and Training, shall con- SEC. 1011. EARLY RETIREMENT AUTHORITY FOR (k) TRANSITIONAL SERVICE OF JUDGE RETIRED duct, directly or through grant or contract, such CURRENT JUDGES. UNDER THIS SECTION.—(1) A judge who retires programs as the Secretary determines appro- (a) RETIREMENT AUTHORIZED.—One eligible under this section shall continue to serve on the priate to expedite the reintegration of homeless judge may retire in accordance with this section Court during the period beginning on the effec- veterans into the labor force. in 2000 or 2001, and one additional eligible judge tive date of the judge’s retirement under sub- ‘‘(b) AUTHORITY TO MONITOR EXPENDITURE may retire in accordance with this section in section (e) and ending on the earlier of— OF FUNDS.—The Secretary may collect such in- 2001. (A) the date on which a person is appointed to formation as the Secretary considers appropriate (b) ELIGIBLE JUDGES.—For purposes of this the position on the Court vacated by the judge’s to monitor and evaluate the distribution and ex- section, an eligible judge is a judge of the Court retirement; and penditure of funds appropriated to carry out (other than the chief judge) who— (B) the date on which the judge’s original ap- this section, and such information shall be fur- (1) has at least 10 years of service creditable pointment to the court would have expired. nished to the Secretary in such form as the Sec- under section 7296 of title 38, United States (2) Subsections (f) and (g) of section 7253 of retary determines appropriate. Code; title 38, United States Code, shall apply with re- ‘‘(c) DEFINITION.—For purposes of this sec- (2) has made an election to receive retired pay spect to the service of a judge on the Court tion, the term ‘homeless veteran’ has the mean- under section 7296 of such title; under this section. ing given that term by section 3771(2) of this (3) has at least 20 years of service described in (3) Notwithstanding any other provision of title. section 7297(l) of such title; and law, a person whose service as a judge of the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) (4) is at least 55 years of age. Court continues under this section shall be paid There are authorized to be appropriated to carry (c) MULTIPLE ELIGIBLE JUDGES.—If for any for the period of service under this subsection at out this section amounts as follows: year specified in subsection (a) more than one the rate that is the difference between the cur- ‘‘(A) $10,000,000 for fiscal year 2000. eligible judge provides notice in accordance with rent rate of pay for a judge of the Court and the ‘‘(B) $15,000,000 for fiscal year 2001. subsection (d), the judge who has the greatest rate of the judge’s retired pay under subsection ‘‘(C) $20,000,000 for fiscal year 2002. seniority as a judge of the Court shall be the (g). ‘‘(D) $20,000,000 for fiscal year 2003. judge who is eligible to retire in accordance with (4) Amounts paid under paragraph (3)— ‘‘(2) Funds obligated for any fiscal year to this section in that year. (A) shall not be treated as— carry out this section may be expended in that (d) NOTICE.—An eligible judge who desires to (i) compensation for employment with the fiscal year and the succeeding fiscal year.’’. retire in accordance with this section with re- United States for purposes of section 7296(e) of (b) CLERICAL AMENDMENT.—The table of sec- spect to any year covered by subsection (a) shall title 38, United States Code, or any provision of tions at the beginning of such chapter is amend- provide to the President and the chief judge of title 5, United States Code, relating to the re- ed by adding at the end the following new item: the Court written notice to that effect and stat- ceipt or forfeiture of retired pay or retirement ‘‘4111. Homeless veterans’ reintegration pro- ing that the judge agrees to the temporary serv- annuities by a person accepting compensation grams.’’. ice requirements of subsection (j). Such notice for employment with the United States; or SEC. 902. EXTENSION OF PROGRAM OF HOUSING shall be provided not later than April 1 of that (ii) pay for purposes of deductions or con- ASSISTANCE FOR HOMELESS VET- year and shall specify the retirement date in ac- tributions for or on behalf of the person to re- ERANS. cordance with subsection (e). Notice provided tired pay under subchapter V of chapter 72 of Section 3735(c) is amended by striking ‘‘De- under this subsection shall be irrevocable. title 38, United States Code, or under chapter 83 cember 31, 1999’’ and inserting ‘‘December 31, (e) DATE OF RETIREMENT.—A judge who is eli- or 84 of title 5, United States Code, as applica- 2003’’. gible to retire in accordance with this section ble; but SEC. 903. HOMELESS VETERANS PROGRAMS. shall be retired during the calendar year as to (B) may, at the election of the person, be The Homeless Veterans Comprehensive Service which notice is provided pursuant to subsection treated as pay for purposes of deductions or Programs Act of 1992 (38 U.S.C. 7721 note) is (d), but not earlier than 30 days after the date contributions for or on behalf of the person to a amended as follows: on which that notice is provided pursuant to retirement or other annuity, or both, under sub- (1) Section 3(a)(1) is amended by inserting ‘‘, subsection (d). chapter V of chapter 72 of title 38, United States and expanding existing programs for fur- (f) APPLICABLE PROVISIONS.—Except as pro- Code, or under chapter 83 or 84 of title 5, United nishing,’’ after ‘‘new programs to furnish’’. vided in subsections (g) and (j), a judge retired States Code, as applicable. (2) Section 3(a)(2) is amended by striking in accordance with this section shall be consid- (5) Amounts paid under paragraph (3) shall be ‘‘September 30, 1999’’ and inserting ‘‘September ered for all purposes to be retired under section derived from amounts available for payment of 30, 2003’’. 7296(b)(1) of title 38, United States Code. salaries and benefits of judges of the Court.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.027 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11989 (6) The service as a judge of the Court under ‘‘(b)(1) The chief judge may recall for further ‘‘(3)(A) A cost-of-living adjustment provided this subsection of a person who makes an elec- service on the Court a recall-eligible retired by law in annuities payable under civil service tion provided for under paragraph (4)(B) shall judge in accordance with this section. Such a retirement laws shall apply to retired pay under constitute creditable service toward the judge’s recall shall be made upon written certification this section only in the case of retired pay com- years of judicial service for purposes of section by the chief judge that substantial service is ex- puted under paragraph (2) of subsection (c). 7297 of title 38, United States Code, with such pected to be performed by the retired judge for ‘‘(B) If such a cost-of-living adjustment would service creditable at a rate equal to the rate at such period, not to exceed 90 days (or the equiv- (but for this subparagraph) result in the retired which such service would be creditable for such alent), as determined by the chief judge to be pay of a retired judge being in excess of the an- purposes if served by a judge of the Court under necessary to meet the needs of the Court. nual rate of pay in effect for judges of the Court chapter 72 of that title. For purposes of sub- ‘‘(2) A recall-eligible retired judge may not be as provided in section 7253(e) of this title, such section (k)(3) of that section, the average an- recalled for more than 90 days (or the equiva- adjustment may be made only in such amount nual pay for such service shall be the sum of the lent) during any calendar year without the as results in the retired pay of the retired judge judge’s retired pay and the amount paid under judge’s consent or for more than a total of 180 being equal to that annual rate of pay (as in ef- paragraph (3) of this subsection. days (or the equivalent) during any calendar fect on the effective date of such adjustment).’’. (7) In the case of such a person who makes an year. SEC. 1023. SURVIVOR ANNUITIES. election provided for under paragraph (4)(B), ‘‘(3) If a recall-eligible retired judge is recalled (a) SURVIVING SPOUSE.—Subsection (a)(5) of by the chief judge in accordance with this sec- upon the termination of the service of that per- section 7297 is amended by striking ‘‘two years’’ tion and (other than in the case of a judge who son as a judge of the Court under this sub- and inserting ‘‘one year’’. section, the retired pay of that person under has previously during that calendar year served (b) ELECTION TO PARTICIPATE.—Subsection (b) subsection (g) shall be recomputed to reflect the at least 90 days (or the equivalent) of recalled of such section is amended in the first sentence additional period of service served under this service on the court) declines (other than by by inserting before the period ‘‘or within six subsection. reason of disability) to perform the service to months after the date on which the judge mar- (l) TREATMENT OF POLITICAL PARTY MEMBER- which recalled, the chief judge shall remove that ries if the judge has retired under section 7296 of SHIP.—For purposes of determining compliance retired judge from the status of a recall-eligible this title’’. with the last sentence of section 7253(b) of title judge. (c) REDUCTION IN CONTRIBUTIONS.—Subsection 38, United States Code, the political party mem- ‘‘(4) A recall-eligible retired judge who be- (c) of such section is amended by striking ‘‘3.5 bership of a judge serving on the Court under comes permanently disabled and as a result of percent of the judge’s pay’’ and inserting ‘‘that subsection (j) shall not be taken into account. that disability is unable to perform further serv- ice on the Court shall be removed from the sta- percentage of the judge’s pay that is the same as SEC. 1012. MODIFIED TERMS FOR NEXT TWO provided for the deduction from the salary or re- JUDGES APPOINTED TO THE COURT. tus of a recall-eligible judge. Determination of tirement salary of a judge of the United States (a) MODIFIED TERMS.—The term of office of such a disability shall be made pursuant to sec- Court of Federal Claims for the purpose of a the first two judges appointed to the Court after tion 7253(g) or 7296(g) of this title. survivor annuity under section 376(b)(1)(B) of the date of the enactment of this Act shall be 13 ‘‘(c) A retired judge who is recalled under this title 28’’. years (rather than the period specified in sec- section may exercise all of the judicial powers (d) INTEREST PAYMENTS.—Subsection (d) of tion 7253(c) of title 38, United States Code). and duties of the office of a judge in active serv- such section is amended— (b) ELIGIBILITY FOR RETIREMENT.—(1) For ice. purposes of determining the eligibility to retire ‘‘(d)(1) The pay of a recall-eligible retired (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and under section 7296 of title 38, United States judge who retired under section 7296 of this title (2) by adding at the end the following new Code, of the two judges of the Court whose term is specified in subsection (c) of that section. paragraph: of office is determined under subsection (a)— ‘‘(2) A judge who is recalled under this section ‘‘(2) The interest required under the first sen- (A) the age and service requirements in the who retired under chapter 83 or 84 of title 5 tence of paragraph (1) shall not be required for table in paragraph (2) shall apply to those shall be paid, during the period for which the any period— judges rather than the otherwise applicable age judge serves in recall status, pay at the rate of ‘‘(A) during which a judge was separated and service requirements specified in the table in pay in effect under section 7253(e) of this title from any service described in section 376(d)(2) of subsection (b)(1) of that section; and for a judge performing active service, less the title 28; and (B) the minimum years of service applicable to amount of the judge’s annuity under the appli- ‘‘(B) during which the judge was not receiving those judges for eligibility to retire under the cable provisions of chapter 83 or 84 of title 5. retired pay based on service as a judge or receiv- first sentence of subsection (b)(2) of that section ‘‘(e)(1) Except as provided in subsection (d), a ing any retirement salary as described in section shall be 13 years instead of 15 years. judge who is recalled under this section who re- 376(d)(1) of title 28.’’. (2) The age and service requirements in this tired under chapter 83 or 84 of title 5 shall be (e) SERVICE ELIGIBILITY.—(1) Subsection (f) of paragraph are as follows: considered to be a reemployed annuitant under such section is amended— that chapter. The judge has attained And the years of service (A) in paragraph (1), in the matter preceding ‘‘(2) Nothing in this section affects the right of subparagraph (A)— age: as a judge are at a judge who retired under chapter 83 or 84 of least (i) by striking ‘‘at least 5 years’’ and inserting 65 ...... 13 title 5 to serve as a reemployed annuitant in ac- ‘‘at least 18 months’’; and cordance with the provisions of title 5.’’. 66 ...... 13 (ii) by striking ‘‘last 5 years’’ and inserting (b) CLERICAL AMENDMENT.—The table of sec- 67 ...... 13 ‘‘last 18 months’’; and tions at the beginning of such chapter is amend- 68 ...... 12 (B) by adding at the end the following new 69 ...... 11 ed by inserting after the item relating to section 7256 the following new item: paragraph: 70 ...... 10 ‘‘(5) If a judge dies as a result of an assas- ‘‘7257. Recall of retired judges.’’. Subtitle B—Other Matters Relating to Retired sination and leaves a survivor or survivors who Judges SEC. 1022. JUDGES’ RETIRED PAY. are otherwise entitled to receive annuity pay- N ENERAL SEC. 1021. RECALL OF RETIRED JUDGES. (a) I G .—Subsection (c)(1) of section ments under this section, the 18-month require- 7296 is amended by striking ‘‘at the rate of pay (a) AUTHORITY TO RECALL RETIRED JUDGES.— ment in the matter in paragraph (1) preceding Chapter 72 is amended by inserting after section in effect at the time of retirement.’’ and insert- subparagraph (A) shall not apply.’’. 7256 the following new section: ing the following: ‘‘as follows: (2) Subsection (a) of such section is further ‘‘(A) In the case of a judge who is a recall-eli- amended— ‘‘§ 7257. Recall of retired judges gible retired judge under section 7257 of this title (A) in paragraph (2), by inserting ‘‘who is in ‘‘(a)(1) A retired judge of the Court may be re- or who was a recall-eligible retired judge under active service or who has retired under section called for further service on the Court in accord- that section and was removed from recall status 7296 of this title’’ after ‘‘Court’’; ance with this section. To be eligible to be re- under subsection (b)(4) of that section by reason (B) in paragraph (3), by striking ‘‘7296(c)’’ called for such service, a retired judge must at of disability, the retired pay of the judge shall and inserting ‘‘7296’’; and the time of the judge’s retirement provide to the be the pay of a judge of the court. chief judge of the Court (or, in the case of the ‘‘(B) In the case of a judge who at the time of (C) by adding at the end the following new chief judge, to the clerk of the Court) notice in retirement did not provide notice under section paragraph: writing that the retired judge is available for 7257 of this title of availability for service in a ‘‘(8) The term ‘assassination’ as applied to a further service on the Court in accordance with recalled status, the retired pay of the judge judge shall have the meaning provided that term this section and is willing to be recalled under shall be the rate of pay applicable to that judge in section 376(a)(7) of title 28 as applied to a ju- this section. Such a notice provided by a retired at the time of retirement. dicial official.’’. judge is irrevocable. ‘‘(C) In the case of a judge who was a recall- (f) AGE REQUIREMENT OF SURVIVING SPOUSE.— ‘‘(2) For the purposes of this section— eligible retired judge under section 7257 of this Subsection (f) of such section is further amend- ‘‘(A) a retired judge is a judge of the Court of title and was removed from recall status under ed by striking ‘‘or following the surviving Appeals for Veterans Claims who retires from subsection (b)(3) of that section, the retired pay spouse’s attainment of the age of 50 years, the Court under section 7296 of this title or of the judge shall be the pay of the judge at the whichever is the later’’ in paragraph (1)(A). under chapter 83 or 84 of title 5; and time of the removal from recall status.’’. SEC. 1024. LIMITATION ON ACTIVITIES OF RE- ‘‘(B) a recall-eligible retired judge is a retired (b) COST-OF-LIVING ADJUSTMENTS.—Sub- TIRED JUDGES. judge who has provided a notice under para- section (f) of such section is amended by adding (a) IN GENERAL.—Chapter 72 is amended by graph (1). at the end the following new paragraph: adding at the end the following new section:

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.029 pfrm02 PsN: H16PT1 H11990 CONGRESSIONAL RECORD — HOUSE November 16, 1999 ‘‘§ 7299. Limitation on activities of retired judge in accordance with their relative prece- (4) include a description of how each element judges dence.’’. of the Department covered by the plan will oper- ‘‘(a) A retired judge of the Court who is re- (b) INELIGIBILITY OF JUDGES ON TEMPORARY ate without the functions or positions affected call-eligible under section 7257 of this title and SERVICE.—A person serving as a judge of the by the implementation of the plan. who in the practice of law represents (or super- Court under section 1011 may not serve as chief (c) LIMITATION ON ELEMENTS AND PER- vises or directs the representation of) a client in judge of the Court. SONNEL.—The plan under subsection (a) shall be making any claim relating to veterans’ benefits SEC. 1033. SALARY. limited to the elements of the Department, and against the United States or any agency thereof Subsection (e) of section 7253 is amended to the number of positions within such elements, as shall, pursuant to such section, be considered to read as follows: follows: have declined recall service and be removed from ‘‘(e) SALARY.—Each judge of the Court shall (1) The Veterans Health Administration, 4,400 the status of a recall-eligible judge. The pay of receive a salary at the same rate as is received positions. such a judge, pursuant to section 7296 of this by judges of the United States district courts.’’. (2) The Veterans Benefits Administration, 240 title, shall be the pay of the judge at the time of SEC. 1034. PRECEDENCE OF JUDGES. positions. the removal from recall status. Subsection (d) of section 7254 is amended to (3) Department of Veterans Affairs Staff Of- ‘‘(b) A recall-eligible judge shall be considered read as follows: fices, 45 positions. to be an officer or employee of the United ‘‘(d) PRECEDENCE OF JUDGES.—The chief judge (4) The National Cemetery Administration, 15 States, but only during periods when the judge of the Court shall have precedence and preside positions. is serving in recall status. Any prohibition, limi- at any session that the chief judge attends. The (d) APPROVAL.—(1) The Director of the Office tation, or restriction that would otherwise apply other judges shall have precedence and preside of Management and Budget shall approve or to the activities of a recall-eligible judge shall according to the seniority of their original com- disapprove the plan submitted under subsection apply only during periods when the judge is missions. Judges whose commissions bear the (a). serving in recall status.’’. same date shall have precedence according to (2) In approving the plan, the Director may (b) CLERICAL AMENDMENT.—The table of sec- seniority in age.’’. make such modifications to the plan as the Di- tions at the beginning of such chapter is amend- SEC. 1035. CONFORMING AMENDMENTS. rector considers appropriate with respect to the ed by adding at the end the following new item: Chapter 72 is amended as follows: following: ‘‘7299. Limitation on activities of retired (1) Section 7281(g) is amended to read as fol- (A) The number and amounts of voluntary in- judges.’’. lows: centive payments that may be paid under the ‘‘(g) The chief judge of the Court may exercise plan. Subtitle C—Rotation of Service of Judges as the authority of the Court under this section (B) Any other matter that the Director con- Chief Judge of the Court whenever there are not at least two other judges siders appropriate. SEC. 1031. REPEAL OF SEPARATE APPOINTMENT of the Court.’’. (3) In the event of the disapproval of a plan OF CHIEF JUDGE. (2) Sections 7296(a)(2) and 7297(a)(2) are by the Director under paragraph (1), the Sec- Subsection (a) of section 7253 is amended to amended by striking ‘‘the chief judge or an as- retary may modify and resubmit the plan to the read as follows: sociate judge’’ and inserting ‘‘a judge’’. Director. The provisions of this section shall ‘‘(a) COMPOSITION.—The Court of Appeals for SEC. 1036. APPLICABILITY OF AMENDMENTS. apply to any plan submitted to the Director Veterans Claims is composed of at least three (a) EFFECTIVE DATE.—The amendments made under this paragraph as if such plan were the and not more than seven judges, one of whom by this subtitle shall take effect on the date of initial plan submitted to the Director under sub- shall serve as chief judge in accordance with the enactment of this Act. section (a). subsection (d).’’. (b) SAVINGS PROVISION FOR INCUMBENT CHIEF SEC. 1103. VOLUNTARY SEPARATION INCENTIVE SEC. 1032. DESIGNATION AND TERM OF CHIEF JUDGE.—The amendments made by this subtitle PAYMENTS. JUDGE OF COURT. shall not apply while the individual who is chief (a) AUTHORITY TO PAY VOLUNTARY SEPARA- (a) ROTATION.—Subsection (d) of section 7253 judge of the Court on the date of the enactment TION INCENTIVE PAYMENTS.—(1) The Secretary is amended to read as follows: of this Act continues to serve as chief judge. If may pay a voluntary separation incentive pay- ‘‘(d) CHIEF JUDGE.—(1) The chief judge of the that individual, upon termination of service as ment to an eligible employee only— Court shall be the judge of the Court in regular chief judge, provides notice under section 7257 of (A) to the extent necessary to reduce or re- active service who is senior in commission title 38, United States Code, of availability for structure the positions and functions identified among the judges of the Court who— service in a recalled status, the rate of pay ap- by the plan approved under section 1102; and ‘‘(A) have served for one or more years as plicable to that individual under section (B) if the Under Secretary concerned, or the judges of the Court; and 7296(c)(1)(A) of such title while serving in a re- ‘‘(B) have not previously served as chief head of the staff office concerned, approves the called status shall be at the rate of pay applica- judge. payment of the voluntary separation incentive ble to that individual at the time of retirement, ‘‘(2) In any case in which there is no judge of payment to that employee. if greater than the rate otherwise applicable the Court in regular active service who has (2) In order to receive a voluntary separation under that section. served as a judge of the Court for at least one incentive payment under this title, an employee year, the judge of the court in regular active TITLE XI—VOLUNTARY SEPARATION must separate from service with the Department service who is senior in commission and has not INCENTIVE PROGRAM voluntarily (whether by retirement or resigna- served previously as chief judge shall act as the SEC. 1101. SHORT TITLE. tion) under the provisions of this title. chief judge. This title may be cited as the ‘‘Department of (b) AMOUNT AND TREATMENT OF PAYMENTS.— ‘‘(3) Except as provided in paragraph (4), a Veterans Affairs Employment Reduction Assist- A voluntary separation incentive payment— judge of the Court shall serve as the chief judge ance Act of 1999’’. (1) shall be paid in a lump sum after the em- ployee’s separation under this title; under paragraph (1) for a term of five years or SEC. 1102. PLAN FOR PAYMENT OF VOLUNTARY until the judge becomes age 70, whichever occurs SEPARATION INCENTIVE PAYMENTS. (2) shall be in an amount equal to the lesser of— first. If no other judge is eligible under para- (a) IN GENERAL.—The Secretary of Veterans graph (1) to serve as chief judge upon the expi- Affairs shall, before obligating any funds for the (A) an amount equal to the amount the em- ration of that term, that judge shall continue to payment of voluntary separation incentive pay- ployee would be entitled to receive under section serve as chief judge until another judge becomes ments under this title, submit to the Director of 5595(c) of title 5, United States Code, if the em- eligible under that paragraph to serve as chief the Office of Management and Budget an oper- ployee were entitled to payment under that sec- judge. ational plan outlining the proposed use of such tion (without adjustment for any previous pay- ‘‘(4)(A) The term of a chief judge shall be ter- incentive payments and a proposed organiza- ment made under that section); or minated before the end of the term prescribed by tional chart for the elements of the Department (B) an amount determined by the Secretary, paragraph (3) if— of Veterans Affairs covered by the plan once the not to exceed $25,000; ‘‘(i) the chief judge leaves regular active serv- payment of such incentive payments has been (3) shall not be a basis for payment, and shall ice as a judge of the court; or completed. not be included in the computation, of any ‘‘(ii) the chief judge notifies the other judges (b) CONTENTS.—The plan under subsection (a) other type of Government benefit; and of the court in writing that such judge desires to shall— (4) shall not be taken into account in deter- be relieved of the duties of chief judge. (1) take into account the limitations on ele- mining the amount of severance pay to which ‘‘(B) The effective date of a termination of the ments, and personnel within elements, of the an employee may be entitled under section 5595 term under subparagraph (A) shall be the date Department specified in subsection (c); of title 5, United States Code, based on any on which the chief judge leaves regular active (2) specify the positions to be reduced or elimi- other separation. service or the date of the notification under sub- nated and functions to be restructured or reor- (c) SOURCE OF FUNDS.—Voluntary separation paragraph (A)(ii), as the case may be. ganized, identified by element of the Depart- incentive payments under this title shall be paid ‘‘(5) If a chief judge is temporarily unable to ment, geographic location, occupational cat- from the appropriations or funds available for perform the duties of chief judge, those duties egory, and grade level; payment of the basic pay of the employees of the shall be performed by the judge of the court in (3) specify the manner in which the plan will Department. active service who is present, able and qualified improve operating efficiency, or meet actual or SEC. 1104. EFFECT OF SUBSEQUENT EMPLOY- to act, and is next in precedence. anticipated levels of budget or staffing re- MENT WITH THE GOVERNMENT. ‘‘(6) Judges who have the same seniority in sources, of each element covered by the plan (a) REPAYMENT UPON REEMPLOYMENT.—Ex- commission shall be eligible for service as chief and of the Department generally; and cept as provided in subsection (b), an individual

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6333 E:\CR\FM\A16NO7.031 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11991 who is paid a voluntary separation incentive ‘‘(ii) the agency which last employed the indi- In lieu of the Senate amendment to the payment under this title and who subsequently vidual shall pay the remaining portion of the title of the bill, amend the title so as to accepts employment with the Government with- amount required under paragraph (1)(A). read: ‘‘An Act to amend title 38, United in five years after the date of the separation on ‘‘(B) This paragraph shall only apply with re- States Code, to establish a program of ex- which the payment is based shall be required to spect to individuals whose continued coverage is tended care services for veterans, to make repay to the Secretary, before the individual’s based on a separation occurring on or after the other improvements in health care programs first day of such employment, the entire amount date of the enactment of this paragraph.’’. of the Department of Veterans Affairs, to en- of the voluntary separation incentive payment SEC. 1107. PROHIBITION OF REDUCTION OF FULL- hance compensation, memorial affairs, and paid to the individual under this title. TIME EQUIVALENT EMPLOYMENT housing programs of the Department of Vet- (b) WAIVER AUTHORITY FOR CERTAIN INDIVID- LEVEL. erans Affairs, to improve retirement authori- UALS.—(1) If the employment of an individual (a) PROHIBITION.—The total full-time equiva- ties applicable to judges of the United States under subsection (a) is with an Executive agen- lent employment in the Department may not be Court of Appeals for Veterans Claims, and cy (as defined by section 105 of title 5, United reduced by reason of the separation of an em- for other purposes.’’. States Code), the United States Postal Service, ployee (or any combination of employees) receiv- And the Senate agree to the same. or the Postal Rate Commission, the Director of ing a voluntary separation incentive payment BOB STUMP, the Office of Personnel Management may, at the under this title. CHRIS SMITH, request of the head of such agency, waive re- (b) ENFORCEMENT.—The President, through JACK QUINN, payment by the individual under that sub- the Office of Management and Budget, shall CLIFF STEARNS, section if the individual possesses unique abili- monitor the Department and take any action LANE EVANS, ties and is the only qualified applicant available necessary to ensure that the requirements of this CORRINE BROWN, for the position. section are met. (2) If the employment of an individual under SEC. 1108. REGULATIONS. MIKE DOYLE, subsection (a) is with an entity in the legislative The Director of the Office of Personnel Man- Managers on the Part of the House. branch, the head of the entity or the appointing agement may prescribe any regulations nec- ARLEN SPECTER, official may waive repayment by the individual essary to administer this title. STROM THURMOND, under that subsection if the individual involved SEC. 1109. LIMITATION; SAVINGS CLAUSE. JAY ROCKEFELLER, possesses unique abilities and is the only quali- (a) LIMITATION.—No voluntary separation in- Managers on the Part of the Senate. fied applicant available for the position. centive payment may be paid under this title JOINT EXPLANATORY STATEMENT OF (3) If the employment of an individual under based on the separation of an employee after THE COMMITTEE OF CONFERENCE subsection (a) is with the judicial branch, the December 31, 2000. Director of the Administrative Office of the (b) RELATIONSHIP TO OTHER AUTHORITY.— The managers on the part of the House and United States Courts may waive repayment by This title supplements and does not supersede the Senate at the conference on the dis- the individual under that subsection if the indi- any other authority of the Secretary to pay vol- agreeing votes of the two Houses on the vidual involved possesses unique abilities and is untary separation incentive payments to em- amendments of the Senate to the bill the only qualified applicant available for the ployees of the Department. (H.R. 2116) to amend title 38, United States position. SEC. 1110. ELIGIBLE EMPLOYEES. Code, to establish a program of extended (c) EMPLOYMENT DEFINED.—for purposes of For purposes of this title: care services for veterans and to make other this section, the term ‘‘employment’’ includes— (1) IN GENERAL.—Except as provided in para- improvements in health care programs of the (1) for purposes of subsections (a) and (b), em- graph (2), the term ‘‘eligible employee’’ means Department of Veterans Affairs, submit the ployment of any length or under any type of ap- an employee (as defined by section 2105 of title following joint statement to the House and pointment, but does not include employment 5, United States Code) of the Department of Vet- the Senate in explanation of the effect of the that is without compensation; and erans Affairs, who is serving under an appoint- action agreed upon by the managers and rec- (2) for purposes of subsection (a), employment ment without time limitation and has been em- ommended in the accompanying conference with any agency of the Government through a ployed by the Department as of the date of sepa- report: personal services contract. ration under this title for a continuous period of The Senate amendment to the text of the SEC. 1105. ADDITIONAL AGENCY CONTRIBUTIONS at least three years. bill struck all of the House bill after the en- TO CIVIL SERVICE RETIREMENT AND (2) EXCEPTIONS.—Such term does not include acting clause and inserted a substitute text. DISABILITY FUND. the following: The House recedes from its disagreement (a) REQUIREMENT.—In addition to any other (A) A reemployed annuitant under subchapter to the amendment of the Senate with an payments which it is required to make under III of chapter 83 or chapter 84 of title 5, United amendment that is a substitute for the subchapter III of chapter 83 or chapter 84 of States Code, or another retirement system for House bill and the Senate amendment. The title 5, United States Code, the Secretary shall employees of the Government. differences between the House bill, the Sen- remit to the Office of Personnel Management for (B) An employee having a disability on the ate amendment, and the substitute agreed to deposit in the Treasury of the United States to basis of which such employee is eligible for dis- in conference are noted below, except for the credit of the Civil Service Retirement and ability retirement under subchapter III of chap- clerical corrections, conforming changes Disability Fund an amount equal to 26 percent ter 83 or chapter 84 of title 5, United States made necessary by agreements reached by of the final basic pay of each employee of the Code, or another retirement system for employ- the conferees, and minor drafting and cler- Department who is covered under subchapter III ees of the Government. ical changes. of chapter 83 or chapter 84 of title 5, United (C) An employee who is in receipt of a specific OVERVIEW States Code, to whom a voluntary separation in- notice of involuntary separation for misconduct The House bill, H.R. 2116, as amended, con- centive is paid under this title. or unacceptable performance. sists of provisions from the following House (b) FINAL BASIC PAY DEFINED.—For purposes (D) An employee who previously has received bills: H.R. 2280, which passed the House on of this section, the term ‘‘final basic pay’’, with any voluntary separation incentive payment by June 29, 1999, and H.R. 2116, which passed the respect to an employee, means the total amount the Government under this title or any other au- House on September 21, 1999. of basic pay that would be payable for a year of thority. The Senate amendment consists of provi- service by the employee, computed using the em- (E) An employee covered by statutory reem- sions from the following Senate bills: S. 1402, ployee’s final rate of basic pay, and, if last serv- ployment rights who is on transfer to another which passed the Senate on July 26, 1999; S. ing on other than a full-time basis, with appro- organization. 695, which passed the Senate on August 4, priate adjustment therefor. (F) An employee who, during the 24-month pe- riod preceding the date of separation, has re- 1999; and S. 1076, which passed the Senate on SEC. 1106. CONTINUED HEALTH INSURANCE COV- September 8, 1999. ERAGE. ceived a recruitment or relocation bonus under Section 8905a(d) of title 5, United States Code, section 5753 of title 5, United States Code, or a TITLE I—ACCESS TO CARE is amended— recruitment bonus under section 7458 of title 38, SUBTITLE A—LONG-TERM CARE United States Code. (1) in paragraph (1)(A), by striking ‘‘para- EXTENDED CARE SERVICES (SEC. 101) graph (4)’’ and inserting ‘‘paragraphs (4) and (G) An employee who, during the 12-month Current law (5)’’; period preceding the date of separation, received (2) in paragraph (2), by striking ‘‘(1) or (4)’’ a retention allowance under section 5754 of title Section 8110 of title 38, United States Code, and inserting ‘‘(1), (4), or (5)’’; and 5, United States Code, or a retention bonus states that the Secretary ‘‘shall operate and (3) by adding at the end the following new under section 458 of title 38, United States Code. maintain a total of not less than 90,000 hos- paragraph: (H) An employee who, during the 24-month pital beds and nursing home beds’’ and ‘‘shall ‘‘(5)(A) If the basis for continued coverage period preceding the date of separation, was re- maintain the bed and treatment capacities under this section is an involuntary separation located at the expense of the Federal Govern- of all Department medical facilities so as to from a position in or under the Department of ment. ensure the accessibility and availability of Veterans Affairs due to a reduction in force or And the Senate agree to the same. such beds and treatment capacities to eligi- a title 38 staffing readjustment— That the House recede from its disagree- ble veterans in all States and to minimize ‘‘(i) the individual shall be liable for not more ment to the amendment of the Senate to the delays in admissions and in the provision of than the employee contributions referred to in title of the bill and agree to the same with hospital, nursing home, and domiciliary paragraph (1)(A)(i); and an amendment as follows: care.’’ Section 1710 of title 38, United States

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.034 pfrm02 PsN: H16PT1 H11992 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Code, establishes that all veterans (as delin- Senate bill vide long-term care services directly eated in that section) are eligible for hos- The Senate bill (S. 1076, section 101) would (through VA staff and facilities). A second pital care, medical services, and nursing amend the definition in chapter 17 of title 38, model would employ a mix of VA-provided home care. The Secretary (to the extent ap- United States Code, of the term ‘‘medical care and care provided under cooperative ar- propriations permit, and subject to an en- services’’ to include the term ‘‘noninstitu- rangements with other service providers rollment system required under section 1706), tional extended care services.’’ This would (whom VA reimbursed exclusively by pro- ‘‘shall’’ furnish hospital care and medical require the Secretary to provide home-based viding in-kind services). Under a third services to such veterans. ‘‘Medical serv- primary care, adult day health care, respite model, VA would serve as a case-manager to ices’’, which are to be furnished to enrolled care, palliative and end-of-life care, and ensure that veterans receive needed long- veterans, are defined to include ‘‘such . . . home health aide visits to enrolled veterans. term care services through arrangements services as the Secretary determines to be It would further define respite care to pro- with appropriate non-VA entities with VA reasonable and necessary.’’ Provisions of vide that such care could be furnished in the making payment for such services only when chapter 17 of title 38, United States Code, patient’s home or in a VA facility. The meas- not otherwise covered by another entity or also specifically authorize VA to provide cer- ure would also remove the six-month time program such as Medicare or Medicaid. VA tain extended care services (VA and commu- limitation on furnishing of adult day health would collect data relevant to such programs nity-based nursing home care, domiciliary care. and, after the completion of the program, care, adult day health care, respite care, and Conference agreement provide Congress a report describing the noninstitutional alternatives to nursing services provided. home care), as needed, to eligible veterans. The conference agreement incorporates provisions from both the House and Senate House bill House Bill bills. The Senate recedes to the House on di- The House bill contained no similar provi- The House bill (H.R. 2116, section 101(a)) recting VA to operate and maintain an ex- sion. would direct VA, subject to the availability tended care program (subject to funding), Conference agreement of appropriations, to operate and maintain and to maintain in-house extended care The House recedes to the Senate policy on extended care programs, to include geriatric staffing and services at the FY 1998 level. establishing pilot programs relating to long- evaluations, VA and community-based nurs- The Senate recedes to the House provision term care, with a modification that would ing home care, domiciliary care, adult day mandating extended care services, modified direct the VA to conduct pilot programs to health care, respite care, and such alter- to limit the mandate for nursing home care determine the effectiveness of different mod- natives to institutional care as the Sec- for nonservice-connected conditions to vet- els of providing all-inclusive care to reduce retary considers reasonable and appropriate. erans who are 70% or more service-connected use of hospital and nursing home care. The measure would also direct the Secretary disabled. The House recedes to the Senate on ASSISTED LIVING SERVICES (SEC. 103) to provide extended care services to any vet- adding to the definition of the term ‘‘med- Current law eran in need of such care (1) for a service- ical services’’ the term ‘‘noninstitutional ex- connected condition, and (2) who is 50 per- tended care services,’’ with a modified defini- Under its domiciliary program, VA pro- cent or more service-connected disabled. tion of that term. VA would evaluate and re- vides eligible veterans room and board in a Such veterans also would be afforded highest port to the Committees within three years supervised setting. Through a VA-supervised priority for placements (and ongoing care) in after enactment on its experience in pro- community residential care program (under VA nursing homes. VA would be required to viding services under these two provisions. section 1730 of title 38, United States Code), prescribe regulations governing priorities for Such evaluation would assist the Commit- VA assists veterans in obtaining placement provision of VA nursing home care; such reg- tees in assessing whether at the end of four in facilities, which in some states may be ulations would ensure that priority is given years these provisions should be modified or considered ‘‘assisted living’’ facilities. Both for patient rehabilitation, for clinically com- extended. In the event these provisions were of these programs respond to some needs plex patient populations, and for patients for to expire, veterans would continue to be eli- that might be appropriately addressed by as- whom there are not other suitable placement gible for such services as under existing law. sisted living facilities, yet VA lacks author- options. The section would also proscribe With respect to the change in law governing ity to contract for, or to make payments to VA’s furnishing extended care services (as nursing home care, the conference agree- or on behalf of, a veteran for assisted living defined) for care of a nonservice-connected ment would also make clear that patients services. condition, other than for a 50 percent or currently receiving VA nursing home care House bill more service-connected disabled veteran, un- who are not service connected or are less The House bill (H.R. 2116, section 303) less the veteran agrees to pay a copayment than 70% service-connected may not be dis- would require the VA Secretary to provide a for extended care services exceeding 21 days charged or transferred if they continue to comprehensive report no later than April 1, in any year. VA would be required to develop need such care. 2000, to the House and Senate Committees on a methodology for establishing the amount The Senate recedes to the House policy on Veterans’ Affairs to determine the feasi- of such copayments. That methodology copayments with a modification which ex- bility of establishing a pilot program to vet- would establish a maximum monthly copay- empts compensably rated service-connected erans for assisted living services. The report ment based on all income and assets of the veterans and veterans with incomes below would contain the following information: (1) veteran and spouse; protect the spouse who the pension rate from such copayments. services and staffing needed for such a pro- continues to reside in the community from Such copayments would not be applicable to gram, (2) the recommended design for such financial hardship; and allow the veteran to patients who are currently in receipt of long- program, and (3) particular issues that the retain a monthly personal allowance. Copay- term care services with respect to the cur- program should address. ments would be deposited into a new ex- rent episode of care. Senate bill tended care revolving fund to be used to ex- The Senate recedes to the House on au- The Senate bill (S. 1076, section 103) would pand extended care programming. thorization of VA payments to State homes direct VA to carry out a three-year pilot pro- Section 101(b) would require VA (1) to de- for noninstitutional care. velop and begin to implement a plan to in- The Senate recedes to the House on au- gram to determine the feasibility of pro- crease (above the level of extended care serv- thorizing VA to contract for respite care. viding veterans assisted living services. Under this pilot, VA would provide services ices provided as of September 30, 1998) the PILOT PROGRAMS RELATING TO LONG-TERM percentage of the budget dedicated to such to any enrolled veteran, but would charge a CARE (SEC. 102) copayment equal to the amount determined care and the level of services and variety of Current law extended care programs; and (2) ensure that under section 1710(f) of title 38, United States VA has broad general authority under the staffing and level of extended care serv- Code, in the case of ‘‘category C’’ veterans. which the Secretary could establish health- ices provided in VA-operated facilities is not VA would be authorized to provide these delivery pilot programs not inconsistent less than the level of such services provided services to the spouse of a veteran receiving with law. nationally during fiscal year 1998. assisted living services if the spouse agreed Section 101(c) would authorize VA to fur- Senate bill to pay for those services. VA would report to nish adult day health care services to an en- The Senate bill (S. 1076, section 102) would Congress annually on the pilot and, in a final rolled veteran who would otherwise require direct VA to carry out three pilot programs report, assess the pilot and provide pertinent nursing home care, and would lift the limita- over a three-year period to determine the recommendations. tion on providing adult day health care serv- feasibility and practicability of different Conference agreement ices to a veteran for more than six months. models for providing long-term care. Each The House recedes to the Senate policy on The measure would also authorize VA to model would be carried out in two VA re- establishing a pilot program relating to as- contract for provision of respite care serv- gions (networks) designated by the Sec- sisted living services with a modification ices, and lift the limitation that such serv- retary. No network could operate more than which would authorize the VA to provide for ices must be provided in VA facilities. The a single pilot. The pilots would provide a such services through contract arrange- measure would also authorize VA to estab- comprehensive array of services to include ments. The conferees further recommend lish per diem payments to State homes for institutional and noninstitutional long-term that VA establish the pilot in a State (or respite care and noninstitutional care serv- care services, and appropriate case-manage- States) that reimburses such a program ices. ment. Under one pilot model, VA would pro- through Medicaid.

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SUBTITLE B—OTHER ACCESS-TO-CARE ELIGIBILITY FOR CARE OF COMBAT-INJURED House bill MATTERS VETERANS (SEC. 112) The House bill contained no similar provi- REIMBURSEMENT FOR EMERGENCY TREATMENT Current law sion. (SEC. 111) Under current law, VA provides hospital Conference agreement Current law care and medical services to veterans who The House recedes. Current law directs VA, subject to avail- have enrolled for VA care pursuant to sec- able resources, to provide needed hospital tion 1705 of title 38, United States Code. Sec- SEXUAL TRAUMA COUNSELING (SEC. 115) care and medical services to veterans who tion 1705 establishes a priority system for Current law enroll for care. (VA is not generally required purposes of enrollment. A veteran who has Section 1720D of title 38, United States to furnish emergency care services to en- no specific eligibility for care under section Code, authorizes VA to provide sexual trau- rolled veterans. It is, however, authorized to 1710(a)(1) and (2) of title 38, United States ma counseling and other appropriate care pay for emergency care under particular cir- Code, is eligible for VA care if that veteran and services to veterans who require such cumstances.) Section 1703(a)(3) of title 38, agrees to pay applicable copayments. Such services as a result of sexual assault, sexual United States Code, covers such non-VA care veteran is afforded a lower priority for en- battery, or sexual harassment experienced for the treatment of emergencies (as defined) rollment than veterans eligible under the while on active duty. This authority expires which arose in a VA facility or community above-cited provisions. on December 31, 2001. nursing home (requiring transfer to an emer- House bill gency care setting). Section 1728 of title 38, House bill The House bill (H.R. 2116, section 103) United States Code, authorizes reimburse- The House bill (H.R. 2116, section 108) would establish specific eligibility (and a pri- ment of emergency care costs involving prin- would require VA to operate a sexual trauma ority for enrollment) for VA health care for cipally care of a service-connected condition program through December 31, 2002. It would a veteran who was injured in combat, but has or a veteran who has a total, permanent dis- expand the scope of required outreach and no other special eligibility for care. ability from a service-connected disability, require VA to report to Congress on the im- in an emergency in which VA facilities were Senate bill plementation of that outreach. VA and DOD not feasibly available, and trying to use The Senate bill contained no similar provi- would also be required to report on joint ef- them would be unreasonable. VA also has au- sion. forts to inform separating servicemembers thority to contract for emergency hospital Conference agreement about eligibility for, and availability of, VA care (under section 1703(a)(1)(A) of title 38, sexual trauma services. The provision would The Senate recedes with a modification United States Code) for treatment of a med- also require VA, in consultation with DOD, that identifies the beneficiaries of this provi- ical emergency involving a service-connected to conduct a study to determine: (1) the ex- sion as veterans who are Purple Heart recipi- condition. tent to which former reservists experienced ents. House bill physical assault or battery of a sexual na- ELIGIBILITY FOR CARE OF MILITARY RETIREES The House bill (H.R. 2116, section 102) ture while serving on active duty for train- (SEC. 113) would authorize VA to make payments for ing; (2) the extent to which such reservists the reasonable value of emergency treat- Current law have sought VA counseling related to such ment for certain enrolled veterans who have Military retirees as veterans are eligible incidents; and (3) the additional resources re- no health insurance or other health care cov- for VA care but have no specific eligibility quired to meet the projected needs for such erage (including Medicare and Medicaid); for care based on their retirement status. counseling. Finally, the measure would re- quire VA to report on the number of veterans have no recourse against a third party to House bill cover their liability; and are not eligible for who have received counseling services and The House bill (H.R. 2116, section 104) the number referred to community sources reimbursement under section 1728 of title 38, would establish a specific eligibility (and an United States Code. The measure would in connection with such counseling and serv- enrollment priority within so-called ‘‘cat- ices. cover only veterans in (enrollment) priority egory A’’) for a veteran who has retired from groups one through six who have received military service, who is eligible for care Senate bill VA medical care within one year prior to the under the TRICARE program, and who is not The Senate bill contained no similar provi- emergency treatment. It would cover med- otherwise eligible for priority access to VA sion. ical care furnished when (in VA’s judgment) care. Phased implementation would be based Conference agreement VA facilities are not feasibly available; care on an interagency agreement, the provisions The Senate recedes with a modification was furnished in a medical emergency of of which would include reimbursement rates. that would extend the program through De- such nature that delay would have been haz- The agreement would not cover particular cember 31, 2004. ardous to life or health, and until such time geographic areas unless the Secretary could that the veteran could be safely transferred document that VA has capacity in such area SPECIALIZED MENTAL HEALTH SERVICES (SEC. to a VA or other Federal facility. Section 102 to provide timely care to current enrollees 116) would require VA to promulgate imple- and had determined that VA would recover Current law menting regulations to set the maximum its cost of providing such care. amount payable for such treatment; set pro- Under section 1706(b) of title 38, United cedures for, and terms under which, payment Senate bill States Code, VA is required to maintain its would be made; and require that VA pay- The Senate bill contained no similar provi- capacity to provide for the specialized treat- ment to a provider would extinguish any li- sion. ment and rehabilitative needs of disabled ability on the part of the veteran. Conference agreement veterans (including, among other specified groups, veterans with mental illness) within Senate bill The Senate recedes with a modification. As distinct programs or facilities dedicated to The Senate bill (S. 1076, section 131) would revised, the conference agreement waives the those specialized needs. amend the definition in section 1701 of title otherwise-applicable copayment obligation 38, United States Code, of the term ‘‘medical for an individual receiving VA care under the Senate bill services’’ to provide that that term would in- provisions of this section. Unlike the House The Senate bill (S. 1076, section 132) would clude emergency care or reimbursement for Bill, the provision would not establish a new require VA to establish a mechanism to aug- that care. Such care would be defined to in- priority classification, for purposes of enroll- ment specialized mental health services to clude care or treatment for an acute medical ment, for military retirees. include establishing new programs, expand- condition of such severity that a prudent TREATMENT FOR SUBSTANCE USE DISORDERS ing provision of services, and increasing layperson could reasonably expect the ab- (SEC. 114) staffing. Funding for such program aug- sence of immediate care to result in seri- Current law mentations would be provided through a cen- ously jeopardizing health, seriously impair- tralized fund, with an emphasis on initia- ing bodily functions, or serious dysfunction VA is authorized to provide medical serv- tives to treat post-traumatic stress disorder of any bodily organ or part. In the case of a ices, including needed treatment for sub- and substance use disorders. veteran with Medicare or insurance cov- stance abuse or dependence, to enrolled vet- House bill erage, VA would be a secondary payor. erans. Section 1720A of title 38, United Conference agreement States Code, proscribes transferring military The House bill contained no similar provi- members to VA for treatment of such prob- sion. The Senate recedes with a modification lems other than during the last 30 days of a that would authorize VA to make reasonable Conference agreement tour of duty. payments for emergency care provided to en- The House recedes with a modification rolled veterans subject to the limitation that Senate bill which would require VA to allocate no less the veteran must have received VA care The Senate bill (S. 1076, section 133) would than $15 million to enhance specialized men- within a two-year period prior to such emer- lift the restriction preventing VA from tal health programs, with particular empha- gency. It would also revise the definition of treating military members for substance sis on programs for the treatment of post- ‘‘emergency treatment’’ to incorporate a abuse or dependency except during the last traumatic stress disorder and substance use ‘‘prudent layperson’’ test. 30 days of the member’s period of service. disorders.

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LEGISLATIVE PROVISIONS NOT ADOPTED House bill training’’ and would revise reporting require- BENEFITS FOR PERSONS DISABLED IN WORK- The House bill (H.R. 2116, section 202) ments for the corporations. THERAPY would establish a new fund in the Treasury EXTENSION OF CERTAIN AUTHORITIES (SEC. 205) Current law in which VA is to deposit amounts received Current law or collected under the following new authori- Under current law, a veteran who is in- In addition to providing ongoing authority jured while working in a VA-sponsored voca- ties under the bill: the pilot program for de- pendents; new copayments and the amount to furnish readjustment counseling to Viet- tional rehabilitation program under cir- nam-theater veterans and other veterans cumstances which are not the result of neg- of the increase in copayments provided for under new section 1722A(b) of title 38, United who served in a theater of combat operations ligence or willful misconduct is entitled to or in certain areas of armed conflict after compensation under section 1151(a)(2) of title States Code; funds received under enhanced- use leases under new section 8165(a); and pay- the Vietnam War, VA is authorized to pro- 38, United States Code. A veteran who incurs ments from the Department of Defense under vide readjustment counseling to veterans of a work-related injury while participating in section 104(c) of the bill. Amounts in the new the Vietnam era who seek such counseling a VA-sponsored compensated work therapy Health Services Improvement Fund, which is before January 1, 2000. VA is required, program (authorized under section 1718 of intended to be used to improve services to through December 31, 1999, to evaluate the title 38, United States Code), however, is not veterans (such as by improving timeliness of health status of dependents of Persian Gulf entitled to VA compensation benefits or to care), are available without fiscal year limi- War veterans, and to distribute a newsletter benefits under applicable workers’ com- tation and without any requirement (such as to veterans listed in VA’s Gulf War registry. pensation laws because the veteran is not an is applicable to the medical care collections House bill ‘‘employee’’ of either VA or the private enti- fund) that such funds be specifically appro- ty at which such individual may work under The House bill (H.R. 2116, section 205) priated. It is intended that such funds be that program. would extend through January 1, 2003, the credited to the extent feasible to the perti- date by which Vietnam era veterans must House bill nent Department facility to which such col- apply to be eligible for readjustment coun- The House bill (H.R. 2116, section 105) lection or payment is attributable. seling services. would establish entitlement to VA com- Senate bill pensation and health care coverage in cases Senate bill The Senate bill contained no similar provi- in which a veteran becomes disabled or dies The Senate bill (S. 1076, section 135) would sion. as a result of participating in a VA com- extend the requirements relating to Gulf pensated work therapy program. Conference agreement War veterans for three years. Senate bill The Senate recedes with a modification to Conference agreement provide that amounts in the fund are to be The Senate bill contained no similar provi- allocated to facilities in the same manner as The Senate recedes to the House with a sion. under the Medical Care Collections Fund. modification that would extend until Decem- TITLE II—MEDICAL PROGRAM ber 31, 2003, the period within which Vietnam ALLOCATIONS TO FACILITIES FROM MEDICAL ADMINISTRATION era veterans may apply for and receive coun- CARE COLLECTIONS FUND (SEC. 203) COPAYMENTS (SEC. 201) seling. The House recedes with a modifica- Current law tion that would extend the expiring provi- Current law Monies collected and recovered by each sions relating to Persian Gulf veterans for Current law sets limited copayment re- network and deposited in the Medical Care four years. quirements applicable to ambulatory care Collections Fund are to be allocated to such services. VA is required to charge veterans REESTABLISHMENT OF COMMITTEE ON POST- network. TRAUMATIC STRESS DISORDER (SEC. 206) under treatment for a nonservice-connected Senate bill condition (other than veterans who are 50 Current law The Senate bill (S. 1076, section 134) would percent or more service-connected disabled Section 7321 of title 38, United States Code, provide that, of the monies collected and re- and veterans whose income is below the pen- directs VA to establish and support a Com- covered by VA and deposited in the Medical sion level) $2 for each 30–day supply of medi- mittee on Care of Severely Chronically Men- Care Collections Fund, each facility is to re- cation. Those whose only basis for eligibility tally Ill Veterans to carry out a continuing ceive the amount collected or recovered on for medical care is veteran status and who assessment of VA’s capacity to meet effec- behalf of that facility. have income above the applicable ‘‘means tively the treatment needs of severely men- test’’ level are also required to pay copay- House bill tally ill veterans and to advise on specific ments for each outpatient visit; the copay- The House bill contained no similar provi- program matters. The Under Secretary of ment rate is at 20 percent of the estimated sion. Health is required to report to Congress an- average cost of an outpatient visit to a VA Conference agreement nually through February 1, 2001 on the com- facility. The House recedes. mittee’s findings and recommendations and House bill NON-PROFIT CORPORATIONS FOR EDUCATION on the steps taken to improve VA treatment The House bill (H.R. 2116, section 201(a)) (SEC. 204) of such veterans. would (1) authorize the Secretary of Vet- Current law Section 110 of Public Law 98–528 directed VA to establish a Committee on Post-Trau- erans Affairs to increase the $2 drug copay- Section 7361 of title 38, United States Code, matic Stress Disorder which is to serve as an ment amount; (2) establish a maximum an- authorizes VA (through December 31, 2000) to advisory committee, to carry out a con- nual payment applicable to veterans with establish a non-profit corporation at any VA tinuing assessment of VA’s capacity to treat multiple outpatient prescriptions; and (3) es- medical center to receive and administer PTSD, and to make recommendations on tablish copayment requirements on sensory- funds for the conduct of research. specific program matters. The requirement neural aids (such as hearing aids and eye- House bill glasses), electronic equipment, and other that VA report to Congress annually regard- The House bill (H.R. 2116, section 204) costly items (other than a wheelchair or ar- ing the committee’s findings and rec- would authorize (through December 31, 2000) tificial limbs) furnished veterans for a non- ommendations and steps taken thereon the establishment of non-profit corporations service-connected condition. Section 201(b) lapsed with the requirement of a report by at any VA medical center to facilitate re- would require the Secretary to revise the co- October 1, 1993. search and education, or both, or the expan- payment amount or amounts charged ‘‘cat- House bill sion of any VA research corporations to fa- egory C’’ veterans. cilitate education as well. The provision The House bill (H.R. 2116, section 205) Senate bill would specifically identify (by reference to would extend the requirement that VA sub- The Senate bill contained no similar provi- provisions of law) the types of training and mit reports (through 2003) to Congress re- sion. education activities such corporations may lated to the work of the Committee on Care Conference agreement foster. Such corporations would be subject to of Severely Chronically Mentally Ill Vet- erans, and renew the requirement that VA The Senate recedes with a modification. As the same oversight and accountability meas- submit reports (through 2004) related to the revised, the measure would authorize the ures as the existing research corporations. work of the Committee on Post-Traumatic Secretary to set a maximum payment The provision would make any expenditures Stress Disorder. amount for drugs for any veteran, both by related to education activities subject to year and by month. The measure would not policies, procedures, and approval processes Senate bill provide authority to establish a new cat- prescribed by the Under Secretary for The Senate bill contained no similar provi- egory of copayments for prosthetics. Health. sion. HEALTH SERVICES IMPROVEMENT FUND (SEC. 202) Senate bill Conference agreement Current law The Senate bill contained no similar provi- The Senate recedes to the House regarding Amounts which VA receives through col- sion. the reestablishment of the Committee on lections and copayments are to be deposited Conference agreement Post-Traumatic Stress Disorder. The provi- in the Department of Veterans Affairs Med- The Senate recedes with a modification sion does not extend the reporting require- ical Care Collections Fund. that would define the term ‘‘education and ments for the Committee on Care of Severely

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.040 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11995 Chronically Mentally Ill Veterans; that re- sists of those ‘‘priority one’’ projects on the would require VA to contract with an appro- porting requirement does not lapse until VA’s FY 2000 list (projects for which States priate entity or entities to obtain needed ex- next year. The Committees on Veterans’ Af- have made their funding available in ad- pertise in identifying opportunities for leas- fairs defer action on this provision with no vance and are identified as ‘‘priority group ing. The conferees do not intend, however, prejudice to the important work done by this one’’ on that list) submitted by States which that the conduct or planned conduct of any body. have not received FY 1999 grant monies and such analyses should impede or delay the VA from developing enhanced-use leasing oppor- STATE HOME GRANT PROGRAM (SEC. 207) are not included in the first-tier of grand- fathered projects. tunities which it may identify independent Current law of this provision. The House recedes to the EXPANSION OF ENHANCED-USE LEASE Current law provides a framework for VA Senate in eliminating provisions of the bill AUTHORITY (SEC. 208) to award grants to States for construction or that would have repealed provisions of sec- renovation of nursing homes and domicil- Current law tion 8162 of title 38, United States Code, that iaries for veterans. The law calls for VA reg- VA is authorized to enter into long-term prohibit enhanced use agreements unless ulations which are to include direction as to agreements under which VA real property specifically authorized by law at the West the number of beds for which grant support may be leased and improved for uses that are Los Angeles VA Medical Center. is available. The law also sets requirements not inconsistent with VA’s mission and at LICENSURE REQUIREMENT FOR VA HEALTH States must meet in filing applications for least part of the use of the property under PROFESSIONALS (SEC. 209) such funds. That law also specifies the rel- the lease is to provide space for an activity Current law ative priority to be assigned applications. An contributing to a VA mission. A lease involv- As reflected in section 7402 of title 38, application from a State that has made its ing construction or substantial renovation United States Code, a health care profes- funding available in advance is to be ac- may be for up to 35 years (or otherwise for up sional must be licensed (or, in some in- corded the highest priority for funding. In to 20). VA must receive fair consideration, stances, registered or certified) in a State to assigning priority among such pre-funded whether monetary, or in services or facili- be eligible for appointment to a position in State projects, current law provides that pri- ties. Seventy-five percent of funds received, such profession in the VA. Current law does ority is to be given to construction or acqui- after deduction of expenses of leasing, are to not specifically address the situation of a sition of nursing home or domiciliary build- be deposited in the Nursing Home Revolving professional having lost his or her license to ings. Fund; the remainder are to be credited to the practice in one jurisdiction while still being House bill medical care account for use of the facility licensed in another. at which the property is located. VA’s au- The House bill (H.R. 2116, section 206) House bill thority to enter into enhanced-use leases ex- would provide greater specificity in directing pires on December 31, 2001. The House bill (H.R. 2116, section 208) VA to prescribe regulations for the number would provide that an individual may not be of beds for which grant assistance may be House bill employed as a title 38, United States Code, furnished (providing that such regulations The House bill (H.R. 2116, section 207) health care professional if a State has termi- are to be based on projected demand (ten would establish an additional, independent nated for cause that individual’s license, reg- years after the bill’s enactment) by veterans basis for entering into a long-term agree- istration, or certification or such an indi- who would be 65 or older and who reside in ment under which VA real property may be vidual has relinquished such license, reg- the state). Under such regulations, VA is to leased and improved—namely on a deter- istration, or certification after being noti- establish criteria for determining the rel- mination that applying the consideration fied in writing by the State of a potential ative need for additional beds on the part of under such a lease to provide medical care termination for cause. a State which already has such State home (pursuant to a business plan) would demon- Senate bill beds. Section 206(b) would strengthen the re- strably improve services to eligible veterans The Senate bill contained no similar provi- quirements governing award of a grant. It in the network where the leased property is sion. would also revise provisions governing the located. The provision would extend the Conference agreement relative priority of each application (among maximum lease term to 75 years, and author- The Senate recedes. those projects for which States have made ize VA to provide in the terms of the lease their funding available in advance). It would for it to use minor construction funds for VA/DOD PROCUREMENT COORDINATION (SEC. 210) differentiate among applications for new bed capital contribution payments. The section Current law construction by reference to the relative would also provide that funds received under VA and DoD both operate programs to pro- need for such beds; by assigning a higher pri- such arrangements (after required deduc- cure pharmaceuticals and medical supplies ority to renovation projects (with a total tions) would be deposited in the new fund to support the health care systems of the re- cost exceeding $400,000) than under current under section 202 of the bill; VA would be re- spective departments. law (with highest priority to renovations in- quired to make no less than 75 percent of the Senate bill volving patient life or safety); and by assign- amount attributable to that lease available The Senate bill (S. 1076, section 136) would ing second highest priority to an application to the network in which the property is lo- require the Secretaries of the Departments from a State that has not previously applied cated. The section would also repeal the ter- of Veterans Affairs and Defense to submit to for award of a VA construction grant or a mination provision. Congress, no later than March 31, 2000, a re- grant for a State nursing home. Section Senate bill port on cooperation between the depart- 206(c) would establish a ‘‘transition’’ rule The Senate bill (S. 1076, section 111) would ments on procurement of pharmaceuticals providing that current law regulations and extend until December 31, 2011, VA’s author- and medical supplies. provisions governing applications for State ity to enter into ‘‘enhanced-use’’ leases; ex- House bill home grants would continue in effect with tend the maximum authorized term for such The House bill contained no provision re- respect to applications for a limited number leases to 55 years; and authorize the expendi- lating to this matter. of projects. Those ‘‘grandfathered’’ projects ture of minor project construction account are limited to those projects on the list of Conference agreement funds for capital activities on property approved projects (described in title 38, The House recedes. leased under that authority. It would require United States Code, section 8135(b)(4)), estab- REIMBURSEMENT FOR MEDICAL CARE IN ALASKA VA to provide training to VA medical center lished by the Secretary of Veterans Affairs (SEC. 211) staff on approaching potential lessees in the on October 29, 1998 for which States had medical or commercial sectors regarding the Current law made sufficient funds available so that the possibility of such leasing. The measure VA has authority to set payment rates for project could proceed upon approval of the would also require VA to secure an inde- treatment furnished by community pro- grant without further action required by the pendent analysis of opportunities for en- viders. State to make the funds available for that hanced-use leasing. The analysis, to be based Senate bill purpose. on a survey and assessment of VA facilities, The Senate bill (S. 1076, section 137) would Senate bill is to include an integrated business plan for require that for one year VA, in making pay- The Senate bill contained no similar provi- each facility with leasing potential. VA ments under section 1728 of title 38, United sion. would be authorized to lease property identi- States Code, use the payment schedule in ef- Conference agreement fied as having development potential if the fect for such purposes as of July 31, 1999 rath- proposed lease is consistent with such a busi- er than the Participating Physician Fee The Senate recedes to the House with a ness plan. Schedule under the Medicare program. modification to the transition provision, which takes into account the publication by Conference agreement House bill the Secretary of Veterans Affairs on Novem- The Senate recedes to the House with The House bill contained no similar provi- ber 3, 1999, of a new list of approved projects. modifications that address the duration of sion. The revised transition measure retains the leasing authority and the policy regarding Conference agreement ‘‘grandfathering’’ provided for under the training of medical center personnel. The The House recedes with the understanding House bill while adding a second tier of conference agreement also includes a provi- that the intent of this section is to provide grandfathered projects. The second tier con- sion derived from the Senate bill which a transition to a modified payment schedule.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.042 pfrm02 PsN: H16PT1 H11996 CONGRESSIONAL RECORD — HOUSE November 16, 1999

TITLE III—MISCELLANEOUS MEDICAL ments under ‘‘fee-basis’’ arrangements. Cur- House bill PROVISIONS rent law does not require (or specifically au- The House bill (H.R. 2116, section 402) CHANGES IN OPERATIONS AND PROGRAMS (SEC. thorize) VA to furnish veterans with chiro- would authorize leases of an outpatient clin- 301) practic treatment nor to have a policy on ic in Lubbock, Texas, and of a research such treatment. Current law building in San Diego, California. House bill VA is under no obligation to provide Con- Senate bill gress advance notice of proposed changes to The House bill (H.R. 2116, section 304) The Senate bill contained no similar provi- the operation of individual facilities unless would require the VA Under Secretary for sion. such changes would in any fiscal year reduce Health, in consultation with chiropractors, Conference agreement to establish a policy regarding chiropractic staffing at a facility by a specified percent- The Senate recedes. age. In the event of such a ‘‘reorganization’’, treatment. AUTHORIZATION OF APPROPRIATIONS (SEC. 403) as defined in section 510 of title 38, United Senate bill House bill States Code, VA would be required to defer The Senate bill contained no similar provi- implementation for a specified period to per- sion. The House bill (H.R. 2116, section 403) mit congressional review. Under section would authorize appropriations for fiscal Conference agreement 1706(b) of title 38, United States Code, VA is years 2000 and 2001 of $13 million for con- to maintain its capacity to provide for the The Senate recedes. struction, and $2,178,500 for the leases. specialized treatment and rehabilitative HOSPITAL NAMING (SEC. 304) Senate bill needs of disabled veterans (including among Current law The Senate bill (S. 1076, section 141) would other specified groups, veterans with mental Under section 531 of title 38, United States authorize appropriations for fiscal years 2000 illness) within distinct programs or facilities Code, VA facilities (or any major portion of of $225.5 million for construction. dedicated to those specialized needs. a facility) shall be named only for its geo- Conference agreement House bill graphic location except as expressly provided The conference agreement would authorize The House bill (H.R. 2116, section 301) by law. appropriations for fiscal years 2000 and 2001 would establish new reporting requirements. House bill of $57.5 million for construction, and It would require VA to report and provide The House bill (H.R. 2116, section 305) $2,178,500 for the leases. justification to Congress on, and defer for a would designate the hospital replacement LEGISLATIVE PROVISIONS NOT ADOPTED period, plans to ‘‘close’’ within any fiscal building under construction at the Ioannis MEDICAL SERVICES FOR DEPENDENTS year more than half the beds within a ‘‘bed A. Lougaris Veterans Affairs Medical Center Current law section’’ of a VA medical center (as those in Reno, Nevada, as the ‘‘Jack Streeter quoted terms are defined). This provision is Building.’’ The VA has authority to treat non-vet- intended to provide assurance that proposals erans under ‘‘sharing agreements’’ author- Senate bill which would further shrink programs serving ized under section 8153 of title 38, United veterans with severe mental illness or who The Senate bill (S. 1076, section 112) con- States Code. VA lacks authority, however, to require intensive rehabilitation, for example, tains a substantively identical provision. recover from insurance companies and other are making adequate provision for otherwise Conference agreement third parties for the cost of care provided to meeting the special needs of such patients. The conference agreement includes the nonveterans. Section 301 would also require VA to notify provision. House bill Congress annually as to the number of (and The House bill (H.R. 2116, section 106) circumstances regarding) medical and sur- TITLE IV—CONSTRUCTION AND would authorize VA to establish a three-year gical service beds closed during the fiscal FACILITIES MATTERS pilot program in which VA may provide pri- year, and as to the number of nursing home AUTHORIZATION OF CONSTRUCTION (SEC. 401) mary health care services to dependents of beds that were the subject of a mission Current law veterans in up to four networks, provided change during that period. Section 8104 of title 38, United States Code, that such care would not deny or delay ac- Senate bill provides that no funds may be appropriated cess to care for veterans. Participants must The Senate bill contained no similar provi- for any fiscal year, and VA may not obligate have the ability to pay for such care directly sion. or expend funds (other than for planning and or through reimbursement or indemnifica- Conference agreement design) for any medical construction project tion by a third party. This section would also require that GAO monitor the pilot pro- The Senate recedes. involving a total expenditure of more than $4 million unless funds for that project have gram, report its findings to VA and for VA to VA CANTEEN SERVICE (SEC. 302) been specifically authorized by law. act on these recommendations as appro- Current law priate. House bill Current law limits the scope of service Senate bill The House bill (H.R. 2116, section 401) which VA’s canteens may offer visitors and would authorize renovations to provide a The Senate bill contained no similar provi- employees to the sale of merchandise or domiciliary in Orlando, Florida, using pre- sion. services for consumption or use on the prem- viously appropriated funds and construction ENHANCED SERVICES PROGRAM AT FACILITIES ises. of a surgical addition at the Kansas City, UNDERGOING MISSION CHANGES House bill Missouri, VA Medical Center. Current law The House bill (H.R. 2116, section 302) Senate bill Section 510 of title 38, United States Code, would lift the restrictions on VA’s canteen The Senate bill (S. 1076, section 141) would authorizes the Secretary of Veterans Affairs service relating to off-premises consumption authorize construction of a long-term care to eliminate or redistribute the functions of and use, and would make technical changes facility at the Lebanon, Pennsylvania, VA VA facilities. Section 510 requires, with re- to revise references in law from ‘‘hospitals Medical Center, construction of a surgical spect to an administrative reorganization (a and homes’’ to ‘‘medical facilities.’’ addition at the Kansas City, Missouri, VA term defined as a reduction in the number of Senate bill Medical Center, and renovations at VA med- full-time equivalent employees of a specified The Senate bill contained no similar provi- ical centers in both Fargo, North Dakota, percentage), that such a reorganization not sion. and Atlanta, Georgia. be implemented for at least 45 days after the Conference agreement Conference agreement Secretary has provided the Committees a de- tailed report on such proposed reorganiza- The Senate recedes with a modification The conference agreement incorporates all tion. limiting the provision to removing the sales the projects authorized by either bodies and House bill restrictions on off-premises consumption. also includes authorization for demolition of The House bill (H.R. 2116, section 107) CHIROPRACTIC TREATMENT (SEC. 303) buildings at the Leavenworth, Kansas, VA Medical Center. would establish a process under which VA Current law would (1) conduct studies to identify medical AUTHORIZATION OF LEASING (SEC. 402) VA has specific authority to provide eligi- centers which should undergo mission ble veterans (in addition to hospital care and Current law changes, and (2) develop plans for such mis- nursing home care) with needed ‘‘medical Section 8104 of title 38, United States Code, sion changes and for reallocating savings re- services’’, a term defined to include ‘‘reha- provides that no funds may be appropriated sulting from such change to improve vet- bilitative services’’ and other unspecified for any fiscal year, and VA may not obligate erans’ access to care and quality of services services that ‘‘the Secretary determines to or expend funds for any medical facility provided. Section 107 would set limits on be reasonable and necessary.’’ VA has deter- lease involving an average annual rental of VA’s authority to change medical center mined that it has authority (and in some in- more than $600 thousand unless funds for missions or close medical centers. It would stances has exercised that authority) to pro- that lease have been specifically authorized require: (1) VA to determine (based on mar- vide certain veterans chiropractic treat- by law. ket and data analysis) both that the facility

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.044 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11997 (in whole or in part) can no longer be oper- TITLE V—BENEFITS AND EMPLOYMENT a ‘‘radiation-risk activity’’ with eligibility ated efficiently and at optimal quality (be- MATTERS for service-connected compensation benefits cause of such factors as the projected need SUBTITLE A—COMPENSATION AND DIC based upon a presumption that certain can- for care-capacity, functional obsolescence, DEPENDENCY AND INDEMNITY COMPENSATION cers and other diseases were incurred or ag- and cost of operating and maintaining phys- gravated during active military service. The FOR SURVIVING SPOUSES OF FORMER PRIS- ical plant) and that the patients who use the presumption applies if the veteran develops ONERS OF WAR (SEC. 501) facility can receive care of appropriate qual- one of the specific diseases within 40 years ity under contract arrangements or at an- Current law after the last date of exposure to radiation. Dependency and indemnity compensation other VA medical center; (2) that VA consult House bill with and provide for veterans organizations, (DIC) is paid to the surviving spouse or chil- The House bill (H.R. 2280, section 102) con- unions, and other interested parties to par- dren of a veteran when the veteran’s death is tained a provision that would add ticipate in the development of a facility re- a result of a service-connected disability. In bronchiolo-alveolar carcinoma to the list of alignment plan; (3) VA to provide specified addition, DIC payments may be authorized presumed service-connected illnesses in vet- protections for employees who would be dis- for the survivors of veterans who die as a re- erans exposed to radiation. Scientific re- placed under any such plan; (4) VA to main- sult of their service-connected disabilities if search has found that this is not a smoking- tain ongoing oversight of any hospital care the veteran was rated totally disabled due to related lung cancer. provided under contract under a realignment a service connected cause for a period of ten plan; (5) that 90 percent of operational sav- or more years immediately preceding death. Senate bill ings under a realignment be retained by the The survivors of former prisoners of war are The Senate bill contained no similar provi- pertinent VA network and be used to estab- eligible for DIC benefits under the same sion. rules as other veterans. However, many lish new clinics or other means of improving Conference agreement former POWs will not meet the ‘‘10-year patient access and service; and (6) VA to The Senate recedes. defer implementing a realignment plan pend- rule,’’ and their surviving spouses would ing the passage of at least 45 days following therefore not be eligible for DIC. SUBTITLE B—EMPLOYMENT submission of a report to Congress on the House bill CLARIFICATION OF VETERANS’ EMPLOYMENT plan. The House bill (H.R. 2280, section 102) con- OPPORTUNITIES (SEC. 511) tained a provision that would authorize de- Current law Senate bill pendency and indemnity compensation to Section 3304(f) of title 5, United States The Senate bill contained no similar provi- the surviving spouses of former prisoners of Code, accords preference-eligible veterans sion. war who were rated totally and permanently and veterans with three or more years of ac- disabled and who had one of the conditions tive duty service the opportunity to compete VETERANS TOBACCO TRUST FUND which the law presumes a prisoner of war in- for vacancies in a Federal agency when the Current law curred while in service. Under the House bill, agency opens competition to outside appli- DIC would be payable even though the vet- cants. The Office of Personnel Management Any monies which the United States might eran died of a nonservice-connected dis- (OPM) has interpreted this provision to recover (other than under existing recovery ability and irrespective of the ten-year rule. allow veterans covered by the Act to com- provisions of title 38, United States Code) at- Senate bill pete and fill job vacancies only under an ‘‘ex- tributable to VA’s cost of providing care to cepted’’ hiring authority. That interpreta- veterans for tobacco-related illnesses would The Senate bill (S. 1076, section 204) au- tion has the effect of prohibiting such vet- be for deposit as miscellaneous receipts in thorizes DIC to those surviving spouses of eran’s job advancement on a competitive the Treasury. certain former prisoners of war who have died from nonservice-connected causes if the basis within an agency since ‘‘excepted’’ em- House bill former POW was rated totally disabled due ployees do not acquire ‘‘competitive status.’’ to any service-connected cause for a period Senate bill The House bill (H.R. 2116, section 203) of one or more years (rather than 10 or more The Senate bill (S. 1076, section 206) would would require that if the United States pur- years) immediately prior to death. sues recovery (other than a recovery cur- clarify certain changes in law made under rently authorized under title 38, United Conference agreement the Veterans Employment Opportunities Act States Code, for health care costs incurred The House recedes. of 1998 (Public Law 105–339). Section 206 of S. by the United States that are attributable to REINSTATEMENT OF CERTAIN BENEFITS FOR RE- 1076 would confer competitive status on vet- tobacco-related illnesses) VA is to: (1) retain MARRIED SURVIVING SPOUSES OF VETERANS erans hired under the Act, thereby allowing the proportional amount of the recovery UPON TERMINATION OF THEIR REMARRIAGE them to compete for internal vacancies. which is attributable to VA’s cost of pro- (SEC. 502) House bill viding care to veterans for tobacco-related Current law The House bill contained no similar provi- illnesses; and (2) deposit such funds in a Surviving spouses of veterans entitled to sion. trust fund (the ‘‘Veterans Tobacco Trust veterans benefits lose their eligibility for Conference agreement Fund’’) in the Treasury to be available after those benefits if they remarry. Section 8207 The House recedes to the Senate provision fiscal year 2004 for medical care and re- of Public Law 105–178 reinstated eligibility search. in modified form. Language has been strick- for dependency and indemnity compensation en from the Senate provision which, accord- Senate bill to former DIC recipients whose remarriages ing to OPM, could be construed to mean that are terminated. However, ancillary survivor persons hired under the Act would be exempt The Senate bill contained no similar provi- benefits for CHAMPVA medical care, edu- sion. from serving a probationary period as civil- cation, and home loan benefits were not rein- ian employees. Further, additional language TERMS OF OFFICE FOR VA UNDER SECRETARIES stated upon termination subsequent mar- has been added to permit OPM to promulgate riages. regulations ensuring that those honorably Current law House bill discharged from active duty military service Appointments to the positions of Under The House bill (H.R. 2280, section 104) re- shortly before completing three years of Secretary for Benefits and Under Secretary stores CHAMPVA medical coverage, edu- service are not excluded from coverage under for Health in the Department of Veterans Af- cational assistance, and housing loan bene- the Act. fairs shall be for a four-year period, with re- fits to those surviving spouses whose eligi- LEGISLATIVE PROVISIONS NOT ADOPTED bility had been severed as the result of re- appointment permissible for successive like PAYMENT RATE OF BURIAL BENEFITS FOR marriage. This provision extends legislation periods; if the President removes such offi- CERTAIN FILIPINO VETERANS cial before the completion of the term, the passed in the 105th Congress (Public Law 105– President is to communicate the reasons for 178) allowing the reinstatement of depend- Current law the removal to Congress. ency and indemnity compensation benefits Former members of the Philippine Com- to this group of surviving spouses. monwealth Army may qualify for VA dis- Senate bill Senate bill ability compensation, burial benefits, and National Service Life Insurance benefits, and The Senate bill (S. 1076, section 138) would The Senate bill contained no similar provi- their survivors may qualify for dependency strike the provision which sets the term of sion. and indemnity compensation. These benefits appointment for the Under Secretary of Ben- Conference agreement efits and of Health and which requires the are paid at half the rate they are provided to The Senate recedes. President to communicate to Congress the U.S. veterans. reasons for a removal from office. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR Senate bill CARCINOMA IS SERVICE-CONNECTED (SEC. 503) House bill The Senate bill (S. 1076, section 201) would Current law provide, in cases of death after enactment of The House bill contained no similar provi- Section 1112(c)(2) of title 38, United States section 201, a full-rate funeral expense and sion. Code, provides veterans who participated in plot allowance to Philippine Commonwealth

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.046 pfrm02 PsN: H16PT1 H11998 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Army veterans who, at the time of death: (a) for purposes of chapter 81 of title 5, United troit, Michigan; (2) Sacramento, California; are naturalized citizens of the United States States Code, relating to compensation for (3) Atlanta, Georgia; (4) Miami, Florida; (5) residing in the U.S. and (b) are receiving work-related injuries, and chapter 171 of title Pittsburgh, Pennsylvania; and (6) Oklahoma compensation for a service-connected dis- 28, United States Code, relating to tort City, Oklahoma. In addition, the Senate bill ability or would have been eligible for VA claims, in addition; (2) authorize the ABMC would require that, before selecting the site pension benefits had their service been to provide for reimbursement of incidental for the national cemetery to be established, deemed to have been active military, naval, expenses that are incurred by a person pro- the Secretary consult with the appropriate or air service. viding voluntary services; and (3) disallow state and local government officials of each House bill the use of volunteer services to displace or of the five states and appropriate officials of The House bill contained no similar provi- replace any Federal employee; (g) require the United States, including the Adminis- sion. that a contract entered into by the ABMC trator of General Services, with respect to for the design or construction of the World land belonging to the United States that REPEAL OF LIMITATION ON PAYMENTS OF BENE- War II Memorial not be considered a funding would be suitable as a location for the estab- FITS TO INCOMPETENT INSTITUTIONALIZED agreement as that term is defined in section lishment of each national cemetery. Further, VETERANS 201 of title 35, United States Code; and (h) ex- the Secretary would submit a report to Con- Current law tend the authority to establish the Memorial gress as soon as practicable after the date of Under section 5503 of title 38, United States to December 31, 2005. enactment on the establishment of national Code, VA is prohibited from paying com- Section 202 would amend section 2103(e) of cemeteries, setting forth a schedule for the pensation and pension benefits to an incom- title 36, United States Code, to specify the establishment of each cemetery and an esti- petent veteran who has assets of $1,500 or conditions by which the ABMC may solicit mate of the costs associated with the estab- more if the veteran is being provided institu- and receive funds and in-kind donations. It lishment of each cemetery. tional care by VA (or another governmental expands the sources from which the ABMC Conference agreement may solicit and receive such funds and re- provider) and he or she has no dependents. The Senate recedes to the House provision quires the ABMC to prescribe guidelines to Such payments are restored if the veteran’s with a modification to require the Secretary avoid conflicts of interest. assets drop to $500 in value. to establish a national cemetery in each of Section 203 would amend chapter 21 of title Senate bill the six areas of the United States deemed to 36, United States Code, by adding a new sec- The Senate bill (S. 1706, section 205) would be most in need. It is the Committees’ expec- tion 2114 entitled ‘‘Intellectual Property and repeal the limitation on benefit payments tation that the Secretary shall act on the six related items’’ to (a) authorize the Commis- imposed by section 5503, title 38, United areas identified in Senate Report 106–113 as sion to use and register intellectual property States Code. those areas most in need. and grant licenses, and enforce such author- House bill ity; and (b) require that the Secretary of De- USE OF FLAT GRAVE MARKERS AT SANTA FE The House bill contained no similar provi- fense provide the ABMC with a legal rep- NATIONAL CEMETERY, NEW MEXICO (SEC. 612) sion. resentative in administrative proceedings Current law TITLE VI—MEMORIAL AFFAIRS before the Patent and Trademark Office and Section 2404(c)(2) of title 38, United States SUBTITLE A—AMERICAN BATTLE MONUMENTS Copyright Office. Code, requires grave markers to be upright COMMISSION Senate bill for interments that occur on or after Janu- ary 1, 1987, except for certain exceptions. CODIFICATION AND EXPANSION AUTHORITY FOR The Senate bill (S. 1706, sections 312, 313, WORLD WAR II MEMORIAL (SEC. 601); GENERAL 314) contained substantively identical lan- Senate bill AUTHORITY TO SOLICIT AND RECEIVE CON- guage. The Senate bill (S. 695, section 2) would TRIBUTIONS (SEC. 602); INTELLECTUAL PROP- Conference agreement authorize the Secretary of Veterans Affairs ERTY AND RELATED ITEMS (SEC. 603) The conference agreement contains this to provide for flat grave markers at the Current law provision. Santa Fe, New Mexico, National Cemetery. It would also require the Secretary to sub- Public Law 103–32 authorizes the American SUBTITLE B—NATIONAL CEMETERIES mit a report to Congress within 90 days as- Battle Monuments Commission (ABMC) to ESTABLISHMENT OF ADDITIONAL NATIONAL establish a World War II Memorial in Wash- sessing the advantages and disadvantages of CEMETERIES (SEC. 611) the National Cemetery Administration using ington, DC. It will be the first national me- Current law morial dedicated to all who served during flat grave markers and upright grave mark- World War II and acknowledging the com- Congress does not direct the Secretary of ers. The report would have to include up- mitment and achievement of the entire na- Veterans Affairs to establish cemeteries in right grave markers and include criteria to tion. The memorial is to be funded entirely specific areas. The National Cemetery Ad- be utilized in determining whether to prefer by private contributions, with donations ministration establishes cemeteries based on the use of one type of grave marker over the from individuals, corporations and founda- areas of greatest need, largely as determined other. tions. Construction of the memorial will by their 1987 and 1994 reports to Congress, House bill begin when all necessary funds have been se- both entitled, ‘‘Report on the National Cem- The House bill contained no similar provi- cured. etery System.’’ sion. House bill House bill Conference agreement The House bill (H.R. 2280, sections 201, 202, The House bill (H.R. 2280, section 211) The House recedes to the Senate provision 203) would make various revisions to chapter would direct the Secretary of Veterans Af- but deletes the requirement for a report with 21 of title 36, United States Code. The House fairs to: (1) establish a national cemetery in respect to upright and flat markers and de- bill would (a) continue the authorization of each of the four areas in the United States letes inclusion of criteria in determining the ABMC to solicit and accept contribu- deemed to be most in need of such a ceme- whether to prefer the use of one type of tions for a World War II Memorial in the Dis- tery; (2) obligate fiscal year 2000 advance grave marker over the other. The Commit- trict of Columbia; (b) codify the existing planning funds (APF) for this purpose; (3) tees further direct the Secretary to assure World War II Memorial fund and modify it to submit a report to Congress within 120 days Congress within 90 days that the new flat reflect changes made in this legislation; (c) of enactment setting forth the four areas, a markers at Santa Fe will be implemented modify the purpose for which funds deposited schedule for establishment, the estimated and maintained in a way that is befitting of in the Treasury may be used; (d) provide the cost associated with establishment, and the the honor that national cemeteries are in- Commission the authority to borrow up to amount obligated under the APF for this tended to bestow upon our Nation’s veterans. $65 million from the Treasury for purpose; and (4) until the four cemeteries are completed, submit to Congress an annual re- INDEPENDENT STUDY ON IMPROVEMENTS TO groundbreaking, construction, and dedica- VETERANS’ CEMETERIES (SEC. 613) port that updates the information included tion of the Memorial on a timely basis; (e) Current law require that in determining whether ABMC in the initial report. has sufficient funds to complete construction Senate bill There is no provision in title 38, United of the World War II memorial, the Secretary The Senate bill (S. 695, section 1) would di- States Code, requiring the Secretary of Vet- of the Interior will consider the $65 million rect the Secretary of Veterans Affairs to es- erans Affairs to conduct an independent in funds that the ABMC may borrow from tablish a National Cemetery in the following study on potential improvements to vet- the Treasury as funds available to complete five areas: Atlanta, Georgia, metropolitan erans’ cemeteries. the construction of the memorial, whether area; Southwestern Pennsylvania; Miami, House bill or not the ABMC has actually exercised the Florida, metropolitan area; Detroit, Michi- The House bill (H.R. 2280, section 212) authority to borrow the funds; (f) authorize gan, metropolitan area; and Sacramento, would require within 180 days the Secretary the ABMC to accept voluntary services in California, metropolitan area. Senate Report of Veterans Affairs to enter into a contract furtherance of the fundraising activities rel- 106–113 identifies the six areas from both the with one or more qualified organizations to ative to the memorial; and to (1) establish 1987 and 1994 reports to Congress titled ‘‘Re- conduct a study of national cemeteries. The that a person providing voluntary services port on the National Cemetery System’’ that study would include an assessment of: (a) the will be considered to be a federal employee remain unserved. These areas are: (1) De- one-time repairs required at each national

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.048 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H11999 cemetery under the jurisdiction of the Na- Conference agreement Senate bill tional Cemetery Administration to ensure a The Senate recedes to the House provision The Senate bill (S. 1402, section 7) would dignified and respectful setting appropriate with modifications. Not later than 60 days create an additional exception to the re- to such cemetery; (b) the feasibility of mak- after the date of enactment, the Secretary quirement that enlistees complete their ini- ing standards of appearance commensurate shall enter into a contract to independently tial obligated period of service in order to be with the finest cemeteries in the world; and examine (a) the adequacy and effectiveness eligible for MGIB benefits. Individuals who (c) the number of additional national ceme- of the current burial benefits administered are discharged from service so that they may teries required for burials after 2005. The re- by the Department under chapter 23 of title accept a commission would remain eligible port would identify, by five-year periods be- 38, United States Code, in serving the burial for MGIB benefits if they complete the serv- ginning with 2005 and ending with 2020, the needs of veterans and their families; (b) op- ice obligation incurred in accepting the com- number of additional national cemeteries re- tions to better serve the burial needs of vet- mission. quired during each five-year period and the erans and their families, including modifica- areas in the United States with the greatest tions of burial benefit amounts and eligi- House bill concentration of veterans whose needs are bility, together with estimated costs for The House bill contained no similar provi- not served by national or State veterans’ each such modification; and (c) expansion of sion. cemeteries. Not later than one year after the authority of the Department to provide bur- Conference agreement date on which the contract is entered into, ial benefits for burials in private sector the contractor would be required to submit a cemeteries and to make grants to private The House recedes to the Senate provision report to the Secretary setting forth the re- sector cemeteries. in modified form to address the following: sults and conclusions of the study. Not later The contractor shall submit a report to the The conference agreement would allow the than 120 days after the report is submitted, Secretary within 120 days of entering into a two periods of active duty (pre-commis- the Secretary would transmit to the Con- contract making appropriate recommenda- sioned and commissioned) to be considered gress a copy of the report with any com- tions pursuant to the study findings. Within as one, thus allowing these individuals to re- ments. 60 days after receipt of the report, the Sec- main eligible for the MGIB program. Also, Senate bill retary shall transmit to the Committees on under the conference agreement, the eligi- Veterans’ Affairs of the House of Representa- The Senate bill contained no similar provi- bility period for using entitlement to edu- tives and the Senate a copy of the report, to- sion. cational assistance allowances under the gether with any comments the Secretary MGIB expires on the later of (1) the end of Conference agreement considers appropriate. the 10-year period beginning on the date of The Senate recedes to the House provision TITLE VII—EDUCATION AND HOUSING enactment, or (2) the end of the 10-year pe- with an additional requirement that the Sec- MATTERS riod beginning on the date of the individual’s retary submit a report to Congress assessing SUBTITLE A—EDUCATION MATTERS last discharge or release from active duty. the advantages and disadvantages of the Na- AVAILABILITY OF MONTGOMERY GI BILL BENE- REPORT ON VETERANS’ EDUCATION AND VOCA- tional Cemetery Administration using flat FITS FOR PREPARATORY COURSES FOR COL- TIONAL TRAINING BENEFITS PROVIDED BY THE grave markers and upright grave markers. LEGE AND GRADUATE SCHOOL ENTRANCE STATES (SEC. 703) Additionally, the Secretary is required to re- EXAMS (SEC. 701) port on the current conditions of flat marker Current law Current law sections at all national cemeteries. Finally, Title 38, United States Code, contains no the study of the feasibility of making stand- Veterans may not use Montgomery GI Bill education benefits to take preparatory requirement that VA report annually to the ards of appearance at national cemeteries Congress on veterans’ education and voca- commensurate with standards of appearance courses for college and graduate school en- trance examinations. However, VA does have tional training benefits provided by the of the finest cemeteries in the world is modi- States. fied to differentiate between active and the authority to pay for preparatory post- closed cemeteries. educational professional examinations, such Senate bill as CPA or Bar exams. In conducting the study of national ceme- The Senate bill (S. 1402, section 10) would teries, the report shall identify as a base but Senate bill require that VA, in consultation with the not necessarily be limited to: (1) The number The Senate bill (S. 1402, section 3) would Departments of Defense, Education, and of national cemeteries necessary to ensure 90 amend section 3452(b) of title 38, United Labor, report annually to the Congress on percent of America’s veterans reside within States Code, to include as a ‘‘program of edu- veterans’ education and vocational training 75 miles of a national or State cemetery; (2) cation’’ for which the Montgomery GI Bill benefits provided by the States. The first the number and percentage of veterans in (MGIB) may be used (a) preparatory courses such report would be due not later than six each State who would reside within 75 miles for a test that is required or utilized for ad- months after enactment. In addition, section of an open national or State cemetery; (3) an mission to an institution of higher education 10 expresses the sense of the Senate that the estimate of the expected construction costs and (b) a preparatory course for a test that States should admit qualified veterans to and the future costs of staffing, equipping is required or utilized for admission to a State-supported educational institutions and operating the projected national ceme- graduate school. without payment of tuition. teries in (1) and (2) above; and (4) in addition House bill House bill to projecting cemetery needs at five-year in- The House bill contained no similar provi- tervals beginning in 2005 and ending in 2020, sion. The House bill contained no similar provi- the report should take into account ceme- sion. Conference agreement teries which will close to new burials and the Conference agreement age distribution of local veterans’ popu- The House recedes. lations during the reporting periods. DETERMINATION OF ELIGIBILITY PERIOD FOR The House recedes to the Senate provision MEMBERS OF THE ARMED FORCES COMMIS- in modified form. Not later than six months SUBTITLE C—BURIAL BENEFITS SIONED FOLLOWING COMPLETION OF OFFICER after the date of enactment, the Secretary INDEPENDENT STUDY ON IMPROVEMENTS TO TRAINING SCHOOL (SEC. 702) shall submit to the Committees on Veterans’ VETERANS’ BURIAL BENEFITS (SEC. 621) Current law Affairs of the Senate and the House of Rep- Current law Section 3011(a) of title 38, United States resentatives a report on veterans’ education There is no provision in title 38, United Code, requires that MGIB participants com- and vocational training benefits provided by States Code, requiring the Secretary of Vet- plete their initial obligated period of service the States. Benefits to be considered as vet- erans Affairs to conduct one-time or periodic to receive MGIB benefits. Exceptions to this erans’ education and vocational training independent assessments of the adequacy requirement are limited to individuals whose benefits include any such benefits provided and effectiveness of the current burial bene- service is cut short due to disability or hard- by a State for which persons are eligible by fits administered by VA. ship, the convenience of the government (if reason of service in the Armed Forces, in- cluding, in the case of persons who died in House bill the individual has completed 30 months of a three-year enlistment or 20 months of a two- the Armed Forces or as a result of a disease The House bill (H.R. 2280, section 212) year enlistment), or due to reduction in force or disability incurred in the Armed Forces, would require that within 180 days, the Sec- by the service branch. A servicemember who, benefits provided to their survivors or de- retary of Veterans Affairs enter into a con- after a period of continuous active duty and pendents. tract with one or more qualified organiza- following successful completion of officer The term ‘‘veteran’’ includes a person serv- tions to conduct a study of national ceme- training school, is discharged to accept a ing on active duty or in one of the reserve teries, including potential enhancements to commission as an officer in the Armed components and a person who died while in burial benefits such as an increase in the Forces. Under current law, if the discharge the active military, naval, or air service. plot allowance. occurs before completion of the minimum The Committees note that the conference Senate bill period of active duty needed to establish agreement also lists and defines matters spe- The Senate bill contained no similar provi- MGIB eligibility, the servicemember is ineli- cifically to be included in the Secretary’s re- sion. gible for education benefits. port.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.050 pfrm02 PsN: H16PT1 H12000 CONGRESSIONAL RECORD — HOUSE November 16, 1999

SUBTITLE B—HOUSING MATTERS Administration (VBA) to maintain a quality TITLE IX—HOMELESS VETERANS EXTENSION OF AUTHORITY FOR HOUSING LOANS assurance program that meets governmental HOMELESS VETERANS’ REINTEGRATION FOR MEMBERS OF THE SELECTED RESERVE standards for internal control, separation of PROGRAMS (HVRP) (SEC. 901) duties, and organizational independence. (SEC. 711) Current law Current law House bill Section 738(e)(1) of the Stewart B. McKin- The Department of Veterans Affairs’ au- The House bill (H.R. 2280, section 502) ney Act, section 11448(e)(1) of title 42, United thority to guarantee home loans for mem- would require the Secretary of Veterans Af- States Code, authorizes $10 million for fiscal bers of National Guard and Reserve (Selected fairs to develop and implement a program to year 1998 and $10 million for fiscal year 1999 Reserve) components expires on September review and evaluate initial decisions made for the Secretary of Labor to carry out 30, 2003. by the Veterans Benefits Administration on Homeless Veterans’ Reintegration Projects House bill claims for compensation, pension, education, (HVRP). The HVRP appropriations authority The House bill (H.R. 2280, section 301) vocational rehabilitation and counseling, expired on September 30, 1999. would provide permanent eligibility for home loans, and insurance benefits. The legislation gives discretion to the De- House bill former members of the Selected Reserve for partment in the organization, number of The House bill (H.R. 2280, section 302) veterans housing loan guaranties. Individ- full-time employees (FTE) and structure of would create a new section 4111 of chapter 41, uals would continue to be required to serve the quality review program. This provision title 38, United States Code, to authorize ap- at least six years in the Reserve or National addresses problems identified by the General propriations to the Department of Labor of Guard to be eligible. Accounting Office and the VA Inspector Gen- $10 million in fiscal year 2000, $15 million in Senate bill eral in their reviews of VBA quality assur- fiscal year 2001, $20 million in fiscal year The Senate bill contained no similar provi- ance matters. The Secretary is directed to 2002, $25 million in fiscal year 2003, and $30 sion. design the program so that it complies with million in fiscal year 2004 for the Homeless Conference agreement the governmental standards for independ- Veterans’ Reintegration Projects. The Senate recedes in modified form. Eligi- ence and internal control recommended by Senate bill the General Accounting Office in its March 1, bility for members of the Selected Reserve The Senate bill (S. 1076, section 123) would 1999 report, ‘‘Veterans’’ Benefits Claims: for veterans housing loan guarantees is ex- amend section 738(e)(1) of the Stewart B. Further Improvements Needed in Claims- tended to 2007. McKinney Homeless Assistance Act to au- Processing Accuracy.’’ LEGISLATIVE PROVISIONS NOT ADOPTED thorize appropriations to the Department of MONTGOMERY GI BILL ENHANCEMENTS Senate bill Labor of $10 million in fiscal year 2000 and Current law The Senate bill contained no similar provi- $10 million in fiscal year 2001 for the HVRP. Except for certain exceptions, chapter 30 of sion. Conference agreement Conference agreement title 38, United States Code, generally pro- The Senate recedes in modified form. Ap- vides active duty servicemembers a one-time The Senate recedes. propriations are authorized for the HVRP at opportunity to disenroll from the basic edu- EXTENSION OF AUTHORITY TO MAINTAIN A RE- $10 million in fiscal year 2000, $15 million in cational assistance program under the Mont- GIONAL OFFICE IN THE REPUBLIC OF THE PHIL- fiscal year 2001, $20 million in fiscal year gomery GI Bill, which establishes eligibility IPPINES (SEC. 802) 2002, and $20 million in fiscal year 2003. for a monthly educational assistance allow- Current law EXTENSION OF PROGRAM OF HOUSING ance of $536 per month (as of October 1, 1999) Section 315(b) of title 38, United States ASSISTANCE FOR HOMELESS VETERANS (SEC. 902) for 36 months and requires a $100 monthly Code, provides the authority for the Sec- pay reduction over 12 months and the fulfill- Current law retary of Veterans Affairs to operate a re- ment of minimum service requirements. VA furnishes assistance to homeless vet- gional office in the Republic of the Phil- Chapter 35 of title 38, United States Code, erans through various mechanisms, both di- ippines through December 31, 1999. Congress provides a monthly survivors’ and depend- rectly and by assisting community-based has periodically extended this authority at ents’ educational assistance allowance of not-for-profit entities that furnish assistance VA’s request in recognition that a regional $485 per month for full-time enrollment. to homeless veterans. VA assistance to com- office in the Philippines is the most cost-ef- munity-based organizations takes two pri- Senate bill fective means of administering VA programs mary forms: VA transfers VA-acquired resi- The Senate bill (S. 1402) would make the for beneficiaries residing there, in addition dential properties to such entities for their following changes to the educational assist- to providing an on-site presence to prevent use to house homeless veterans and their ance programs under chapter 30 of the Mont- potential fraud. families, and VA makes grants to such enti- gomery GI Bill: (a) increase the basic month- Senate bill ly educational assistance allowance to $600 ties to assist them in establishing new pro- The Senate bill (S. 1076, section 202) would (section 4); (b) allow servicemembers who grams to furnish outreach, rehabilitative extend to December 31, 2004, VA’s authority have not opted out of Montgomery GI Bill services, vocational counseling and training, to operate a Veterans Benefits Administra- participation to increase the monthly rate of and transitional housing services. Congress tion regional office in the Philippines. educational benefits they receive after serv- extended these two authorities for a two- ice by making contributions, during service, House bill year period in the Veterans’ Benefits Act of over and above the $1,200 basic pay reduction The House bill contained no similar provi- 1997, Public Law 105–114. Such authority ex- (section 6); (c) authorize servicemembers sion. pires on December 31, 1999. who had opted out of Montgomery GI Bill Conference agreement Senate bill (MGIB) participation to reverse their deci- The House recedes in modified form. VA’s The Senate bill (S. 1076, section 121) would sion to waive their participation by accept- authority to operate a regional office in the extend VA’s authority to furnish assistance ing a $100 per month pay reduction for 15 Philippines is extended to December 31, 2003. to homeless veterans through various mech- months, or by ‘‘buying into’’ participation EXTENSION OF ADVISORY COMMITTEE ON anisms, both directly and by assisting com- by making a lump sum $1,500 payment (sec- MINORITY VETERANS (SEC. 803) munity-based not-for-profit entities that fur- tion 8); and (d) authorize VA to make accel- nish assistance to homeless veterans, for two Current law erated payments under the terms of regula- years, to December 31, 2001. Public Law 103–466 established the VA’s tions that VA would promulgate to allow House bill MGIB participants to receive benefits for a Advisory Committee on Minority Veterans. semester, a quarter, or a term at the begin- The Advisory Committee provides advice and The House bill contained no similar provi- ning of the semester, quarter or term (sec- consultation on the needs, problems, and sion. tion 9). concerns of the minority veterans commu- Conference agreement S. 1402 would increase the rates of sur- nity. The Advisory Committee’s statutory The House recedes to the Senate in modi- vivors’ and dependents’ educational assist- authority expires on December 31, 1999. fied form. VA’s authority to furnish housing ance to $550 per month. House bill assistance to homeless veterans is extended House bill The House bill (H.R. 2280, section 503) until December 31, 2003. The House bill contained no similar provi- would extend the Advisory Committee on HOMELESS VETERANS PROGRAMS (SEC. 903) Minority Veterans from December 31, 1999 to sions. Current law TITLE VIII—DEPARTMENT OF VETERANS December 31, 2004. Section 3 of the Homeless Veterans Com- AFFAIRS ADMINISTRATIVE MATTERS Senate bill prehensive Service Program Act of 1992, au- ENHANCED QUALITY ASSURANCE PROGRAM WITH- The Senate bill (S. 1076, section 203) con- thorizes VA (through September 30, 1999) to IN THE VETERANS BENEFITS ADMINISTRATION tained substantively identical language. make grants to public or non-profit entities (SEC. 801) Conference agreement to establish new programs to provide out- Current law The Senate recedes in modified form. The reach, rehabilitative services, vocational as- There is no provision in title 38, United Advisory Committee on Minority Veterans is sistance, and transitional housing to home- States Code, requiring the Veterans Benefits extended to December 31, 2003. less veterans. In requiring VA to set criteria

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.052 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12001 for the award of such grants, the law limits which the judge was appointed if the judge is retired pay for judges who elect to be re- to 20 the number of programs incorporating not re-appointed for another term. There is called for service. Judges who do not elect to the procurement of vans for which grant sup- no provision for the retirement of judges be- be eligible for recall would have the amount port may be provided. To carry out the Act, fore the completion of their term except for of their retired pay frozen at the amount for Public Law 102–590 authorized annual appro- judges who meet age and service (‘‘Rule of which they are eligible upon leaving office. priations of $48 million through Fiscal Year 80’’) requirements of section 7296(b)(1), title The House bill also would authorize a cost of 1997, and provided further that nothing in 38, United States Code. living increase for disability retirement ben- the public law should be construed to dimin- House bill efits paid to judges who retire due to dis- ish funds for continuation or expansion of The House bill (H.R. 2280, section 407) ability. existing programs. would provide for the early retirement of up Senate bill House bill to five judges. The Senate bill contained no similar provi- The House bill (H.R. 2116, section 205) Senate Bill sion. would extend through September 30, 2002, The Senate bill (S. 1076, section 403) would Conference agreement VA’s authority to make grants (under the provide a one-time buy-out for judges who The Senate recedes with a modification to Homeless Veterans Comprehensive Service meet the Rule of 80 retirement criteria. The delete provisions concerning coordination Program Act of 1992, as amended) for new Senate bill would also provide for temporary with military retired pay. programs to combat veteran homelessness, service of judges who retire or complete and would eliminate the limitation on grant their terms. SURVIVIOR ANNUITIES (SEC. 1023) support for programs involving van procure- Conference agreement Current law ment. The Senate recedes with modifications to In order to qualify for a survivor annuity Senate bill restrict to two the number of judges who under section 7297 (the program available to The Senate bill (S. 1076, section 122) would may retire early. In addition, the com- judges of the Court), title 38, United States extend through September 30, 2001, VA’s au- promise includes provisions which require Code, a surviving spouse must have been thority to make grants under the 1992 Act that a judge who retires early must continue married to the judge for at least two years and would permit grants to assist in expand- to serve until the judge’s successor is ap- immediately preceding the judge’s death, un- ing existing programs as well as grants to es- pointed or the date on which the judge’s less there are children born of the marriage. tablish new programs. It would also author- original appointment would have expired. There is no provision for payment of a sur- ize annual appropriations of $50 million to During this transitional service, the judge vivor annuity if a retired judge marries after carry out the Act. could continue to accrue credit toward a full leaving the bench. Judges are required to Conference agreement retirement benefit and would receive a com- contribute 3.5 percent of their pay if they bination of salary and retirement benefits wish to participate in the survivor annuity The conference agreement incorporates the equal to the salaries of other judges. Judges plan. provisions of both the House and Senate who retire early may elect to be placed in re- House bill bills, with a modification to extend the au- call status and thereby qualify for post-re- thority under the grant program through tirement increases in retirement pay. The House bill (H.R. 2280, section 405) September 30, 2003. would reduce the period of marriage needed MODIFIED TERMS FOR NEXT TWO JUDGES to qualify for a survivor annuity to one year PLAN FOR EVALUATION OF PERFORMANCE OF APPOINTED TO THE COURT (SEC. 1012) immediately preceding the judge’s death. PROGRAMS TO ASSIST HOMELESS VETERANS Current law (SEC. 904) Provision would be made for a judge to par- Under section 7253(c) of title 38, United ticipate in the survivor’s benefit plan if the Current law States Code, all judges are appointed for a judge marries after leaving the bench. The The Government Performance and Results term of 15 years. financial contribution of judges would be Act requires federal departments and agen- Senate bill changed to reflect the same contribution cies to assess and evaluate the effectiveness The Senate bill (S. 1076, section 402) would made by judges who participate in the and outcomes of the programs they admin- provide for 13–year terms for judges ap- United States Court of Federal Claims sur- ister. The Committees note that the General pointed to a position on the Court that be- vivor annuity program. Accounting Office has determined that the comes vacant in the year 2004. effectiveness of VA programs is unclear. Senate bill [‘‘Homeless Veterans: VA Expands Partner- House bill The Senate bill contained no similar provi- ships, but Homeless Program Effectiveness is The House bill contained no similar provi- sion. Unclear’’ (HEHS–99–53, April 1, 1999)] sion. Conference agreement Senate bill Conference agreement The Senate recedes. The House recedes with a modification to The Senate bill (S. 1076, section 124) would LIMITATION ON ACTIVITIES OF RETIRED JUDGES change to 13 years the term of office of the require the Secretary of Veterans Affairs to (SEC. 1024) first two judges who are appointed after the submit a report, not later than three months Current law after enactment, containing a detailed plan date of enactment. for the evaluation of VA programs to assist SUBTITLE B—OTHER MATTERS RELATING TO There is no provision in title 38, United homeless veterans. Such plan would be re- RETIRED JUDGES States Code, limiting the activities of re- quired to contain an identification of out- RECALL OF RETIRED JUDGES (SEC. 1021) tired judges. come measures adopted by VA to determine Current law House bill whether veterans who are provided housing There is no provision in current law for the The House bill (H.R. 2280, section 406) and employment-related services are housed recall of retired judges. would provide for limitation of the activities and employed six months after securing serv- House bill of retired judges who are recall eligible. ices under such programs. The House bill (H.R. 2280, section 402) Senate bill House bill would provide for a recall of judges who elect The Senate bill contained no similar provi- The House bill contained no similar provi- at the time of retirement to be eligible for sion. sion. recall. Judges who elect to be eligible for re- Conference agreement Conference agreement call would receive increases in the amount of The Senate recedes. The House recedes to the Senate provision their retired pay. SUBTITLE C—ROTATION OF SERVICE OF JUDGES in modified form. The Secretary of Veterans Senate bill AS CHIEF JUDGE OF THE COURT Affairs is required to submit a plan, in con- The Senate bill (S. 1076, section 401) con- sultation with the Secretaries of Labor and tains a provision that permits judges who Current law Housing and Urban Development, for evalu- have retired or whose terms have expired to The Chief Judge is appointed for a term of ating the effectiveness of programs to assist continue serving on the court on a tem- 15 years. Section 7254(d) of title 38, United homeless veterans. porary basis. States Code, provides that in the event of a TITLE X—UNITED STATES COURT OF Conference agreement vacancy, the associate judge senior in serv- APPEALS FOR VETERANS CLAIMS The Senate recedes. ice shall serve as ‘‘acting’’ Chief Judge un- less the President designates another judge SUBTITLE A—TRANSITIONAL PROVISIONS TO JUDGES’ RETIREMENT PAY (SEC. 1022) to so serve. STAGGER TERMS OF JUDGES Current law House bill EARLY RETIREMENT AUTHORITY FOR CURRENT There is no specific provision authorizing JUDGES (SEC. 1011) judges to receive an increase in the amount The House bill contained no similar provi- Current law of pay received after retirement. sion. Under section 7296(b)(2) of title 38, United House bill Senate bill States Code, a judge of the Court is eligible The House bill (H.R. 2280, section 404) The Senate bill contained no similar provi- to retire at the completion of the term for would authorize increases in the amount of sion.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.055 pfrm02 PsN: H16PT1 H12002 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Conference agreement minute and to revise and extend his re- Mr. GIBBONS. Mr. Speaker, recently The bill would implement a policy that marks.) Vice President AL GORE announced a eliminates the requirement of a separate ap- Mr. PITTS. Mr. Speaker, our country scheme to impose a new $2 billion tax pointment to the Chief Judge position. In- and even our world economy have expe- on the mining industry. At a time stead, the Chief Judge would be the most rienced unprecedented growth thanks when America’s mining industry has senior judge in regular active service on the Court. In the event that two eligible judges to a new frontier we know as the Inter- been crippled and forced to lay off had the same seniority in commission, the net. It has been a tremendous success. thousands of employees, the Vice judge senior in age would be selected. The moratorium that we have estab- President now wants to impose a new This person would serve as Chief Judge for lished has allowed e-commerce to $2 billion tax that will only serve as a five years and then the next most senior flourish and grow at tremendous rates. death knell for this industry. judge would rotate into the position. This Yet we are already hearing rumblings It appears that Mr. GORE’s motto is provision is modeled on the provision for the of a new user fee regime of taxation on that when the good guy is down, let us Chief Judge for the United States Court of electronic commerce that could have Appeals for the Armed Forces. The con- pick his pocket. There is always a dol- ference agreement also eliminates the salary serious repercussions for this booming lar or two left somewhere. distinction between the Chief Judge and the segment of our economy. Mr. Speaker, the U.S. mining indus- other judges. Mr. Speaker, we have seen, without try provides America with the re- LEGISLATIVE PROVISIONS NOT ADOPTED Internet taxes, State and local govern- sources that allow us to enjoy the AUTHORITY TO PRESCRIBE RULES AND ments are collecting record tax reve- standard and quality of life we need REGULATIONS nues, growing at almost twice the rate and respect today. Now the Vice Presi- Current law of inflation. In fact, the rise of untaxed dent wants to jeopardize the future of There is no general authority for the Court electronic commerce is helping to gen- America, our economy, and this vital to prescribe rules and regulations to carry erate additional tax revenue for every industry by oppressing it with a $2 bil- out the provisions of chapter 72 of title 38, level of government because the Inter- lion tax in order to fund his political United States Code. The Court has specific net has helped create new businesses agenda. authority to promulgate rules concerning and new high-paying jobs. By extend- Mr. Speaker, this is the true men- the filing of complaints with respect to judi- ing the moratorium established under tality of the Vice President, to tax an cial conduct and rules of practice and proce- dures governing proceedings before the the Internet Tax Freedom Act of 1998, industry until it is destroyed just so he Court. we can keep the Internet free of dis- can use the revenue for his own polit- House bill criminatory taxes. ical gain. Mr. Speaker, let us put per- The House bill (H.R. 2280, section 401) Let us not ruin a good thing. Let us sonal agendas aside. America needs the would provide for the Court to promulgate make the moratorium permanent and mining industry, but it does not need a rules and regulations to carry out chapter 72 see this unprecedented growth con- $2 billion tax. of title 38, United States Code. tinue. f Senate bill f RESPONSIBLE GUN SAFETY LAWS The Senate bill contained no provision. FOREIGN POLICY DEFICIENCIES CRITICAL FOR OUR COUNTRY CALCULATION OF YEARS OF SERVICE Current law (Mr. BROWN of Ohio asked and was (Ms. SLAUGHTER asked and was Title 38, United States Code, is silent as to given permission to address the House given permission to address the House the calculation of years of service for pur- for 1 minute.) for 1 minute and to revise and extend poses of retirement. Mr. BROWN of Ohio. Mr. Speaker, let her remarks.) House bill me make sure I understand this. While Ms. SLAUGHTER. Mr. Speaker, I rise The House bill (H.R. 2280, section 403) he was in Istanbul yesterday, President this morning to pay special tribute to would treat 183 days or more of service on Clinton called on Turkey to correct its a school in my district that has taken the Court as a full year for purposes of re- human rights abuses so it could be ad- the initiative to speak out on an issue tirement. mitted into the European Union. Yet that is of the utmost importance to all Senate bill at the same time that our President Americans, and that is school violence. The Senate bill contained no similar provi- was admonishing Turkey, our U.S. Last week the Irondequoit High sion. Trade Representative was in Beijing School in Rochester, New York, pre- TITLE XI—VOLUNTARY SEPARATION signing a trade deal that could one day sented me with a petition signed by 468 INCENTIVE PROGRAMS give the People’s Republic of China members of the student body asking Current law membership in the World Trade Orga- Congress to resist the temptation of in- VA does not currently have the authority nization. fluential lobbyists and, in turn, pass to offer voluntary separation incentives. Are we to infer that the Kurds in legislation that ensures the peace and House bill Turkey count for more than Tibetans tranquility for our Nation’s next gen- The House bill contained no provision. in China or that Greek Cypriots count eration of students. Senate bill for more than Chinese Christians or I am sure I do not need to remind my The Senate bill contained no provision. that the European Union is a more ex- colleagues that the House is currently Conference agreement clusive and principled organization poised and ready to adjourn for the The conference agreement provides author- than the World Trade Organization? year without any possibility of passing ity to VA for one year to offer voluntary sep- Or, this could not be it, could it? Are responsible gun safety measures that aration incentives to a limited number of American corporations more involved will help curb this epidemic of violence FTEE. with bigger investments and have more that is permeating our schools. BOB STUMP, at stake in China than they are in Tur- When we return to the session next CHRIS SMITH, key? Does that explain why Time War- year, I urge the majority of this body JACK QUINN, ner’s CEO recently gave Chinese Presi- to display the same courage and com- CLIFF STEARNS, dent Jiang Zemin a bust of Abraham mon sense that was demonstrated by LANE EVANS, CORRINE BROWN, Lincoln? the 468 constituents in my district. For MIKE DOYLE, Earlier this year we fought a war for the sake of our Nation’s students, I im- Managers on the Part of the House. human rights in Kosovo. Today we will plore the leadership to remove the leg- not raise a tariff for human rights in islative roadblocks that it has placed ARLEN SPECTER, STROM THURMOND, China. in the way and allow for a vote on re- JAY ROCKEFELLER, f sponsible gun safety once and for all. f Managers on the Part of the Senate. NO TAXES ON MINING INDUSTRY f (Mr. Gibbons asked and was given AMERICAN TAXES SUPPORTING NO INTERNET TAXATION permission to address the House for 1 CHINESE DICTATORSHIP (Mr. PITTS asked and was given per- minute and to revise and extend his re- (Mr. TRAFICANT asked and was mission to address the House for 1 marks.) given permission to address the House

VerDate 29-OCT-99 00:45 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.057 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12003 for 1 minute and to revise and extend Budget Act of 1974 (2 U.S.C. 658c(a)) is tunity and a responsibility to stop his remarks.) amended— placing this burden on the backs of Mr. TRAFICANT. Mr. Speaker, the (1) by redesignating paragraph (3) as para- State and local governments. trade representative is all excited graph (4); and Mr. Speaker, this bipartisan bill is a (2) by inserting after paragraph (2) the fol- about her new deal with China. I must lowing: simple, technical clarification of ask my colleagues, is she a masochist, ‘‘(3) ADDITIONAL FLEXIBILITY INFORMA- Congress’s intent under the Unfunded or what? TION.—The Director shall include in the Mandates Reform Act of 1995. Check this out. American cars will statement submitted under this subsection, Mr. Speaker, the State Flexibility have a 25 percent tariff and all Amer- in the case of legislation that makes changes Clarification Act corrects the CBO in- ican goods will average a 17 percent as described in section 421(5)(B)(i)(II)— terpretation in three ways. First, it tariff. Meanwhile, Chinese cars and all ‘‘(A) if no additional flexibility is provided clarifies the goal of UMRA, which is of their other products will average a 2 in the legislation, a description of whether that any cut or cap or safety net pro- and how the States can offset the reduction grams constitutes an intergovern- percent tariff. Unbelievable. Monty under existing law; or Hall could have made a better deal for ‘‘(B) if additional flexibility is provided in mental mandate, unless State and local us. the legislation, whether the resulting sav- governments are given new or addi- There must be one explanation only, ings would offset the reductions in that pro- tional flexibility to implement the re- Mr. Speaker. This administration must gram assuming the States fully implement striction or funding reduction. be in bed with the Chinese, because that additional flexibility.’’. b 1215 right now, our tax money is propping The SPEAKER pro tempore. Pursu- Second, the bill requires committees up a Communist dictatorship that has ant to the rule, the gentleman from to include in their reports an expla- missiles pointed at us as I speak. New York (Mr. REYNOLDS) and the gen- nation of how the committee intends Beam me up here. I yield back the tleman from Massachusetts (Mr. MOAK- the States to implement the reduction danger and stupidity of this most re- LEY) each will control 20 minutes. cent sweetheart deal for China. The Chair recognizes the gentleman in funding and what flexibility, if any, is provided in the legislation. from New York (Mr. REYNOLDS). f Third, the bill requires CBO to pre- GENERAL LEAVE ANNOUNCEMENT BY THE SPEAKER pare in its mandates statement how Mr. REYNOLDS. Mr. Speaker, I ask PRO TEMPORE the States could implement the reduc- unanimous consent that all Members tions under existing law. If such legis- The SPEAKER pro tempore. Pursu- may have 5 legislative days within ant to clause 8 of rule XX, the Chair lation does not provide additional which to revise and extend their re- flexibility, then CBO must include in announces that he will postpone fur- marks on this legislation, and to in- ther proceedings today on each motion its report an estimate of whether the clude extraneous material. savings from an additional flexibility to suspend the rules on which a re- The SPEAKER pro tempore. Is there would offset the reduction in Federal corded vote or the yeas and nays are objection to the request of the gen- ordered, or on which the vote is ob- spending. tleman from New York? Mr. Speaker, this Congress responded jected to under clause 6 of rule XX. There was no objection. to our States and localities when they RECORD votes on postponed questions Mr. REYNOLDS. Mr. Speaker, I yield requested needed relief from unfunded may be taken in two groups, the first myself such time as I may consume. occurring before debate has concluded Mr. Speaker, our State and local gov- mandates. This clarification will en- on all motions to suspend the rules and ernments were historically burdened sure that they get it. Mr. Speaker, I would like to thank the second after debate has concluded by unfunded Federal mandates that the gentleman from Massachusetts on remaining motions. more often than not forced these gov- (Mr. MOAKLEY) for all of his efforts on f ernments to spend money they did not this measure. I urge my colleagues to have on things they did not need nor STATE FLEXIBILITY restore fairness to the Federal budget could not use. That is why in 1995 Con- CLARIFICATION ACT and pass H.R. 3257. gress passed sweeping reforms with the Mr. Speaker, I reserve the balance of Mr. REYNOLDS. Mr. Speaker, I move Unfunded Mandates Reform Act which to suspend the rules and pass the bill my time. attempted to restrict the Federal Gov- Mr. MOAKLEY. Mr. Speaker, I yield H.R. (3257) to amend the Congressional ernment from opposing burdensome, Budget Act of 1974 to assist the Con- myself such time as I may consume. unnecessary, and unfunded mandates. Mr. Speaker, today’s suspension gressional Budget Office with the scor- Unfortunately, the Congressional deals with the confusing issue of un- ing of State and local mandates, as Budget Office had a different perspec- funded mandates, which have become a amended. tive on Federal mandates than what very bad word here in the halls of Con- The Clerk read as follows: Congress clearly intended. CBO ex- gress. Mr. Speaker, contrary to popular H.R. 3257 empted more than two-third of the belief, unfunded mandates are not al- Be it enacted by the Senate and House of Rep- mandatory programs from coverage ways bad. Unfunded mandates keep our resentatives of the United States of America in under the Unfunded Mandates Reform food safe, keep our air clean, keep our Congress assembled, Act. civil rights strong. But they can also During remarks at a White House SECTION 1. SHORT TITLE. impose enormous costs. I believe that This Act may be cited as the ‘‘State Flexi- conference on small business, President the Members should know these costs bility Clarification Act’’. Ronald Reagan noted that the Federal before they are asked to vote on any SEC. 2. FLEXIBILITY AND FEDERAL INTERGOV- Government’s view of the economy bill. ERNMENTAL MANDATES. could be summed up in a few short (a) COMMITTEE REPORTS.—Section 423(d) of Today we are considering under sus- phrases: ‘‘If it moves, tax it. If it keeps pension of House rules a clarification the Congressional Budget Act of 1974 (2 moving, regulate it, and if it stops U.S.C. 658b(d)) is amended— to the unfunded mandates point of (1) in paragraph (1)(C) by striking ‘‘and’’ moving, subsidize it.’’ order. The substance of this bill, Mr. Coming up through the ranks as a after the semicolon; Speaker, is relatively noncontrover- town councilman and a county legis- (2) in paragraph (2) by striking the period sial. Today’s bill clarifies the defini- lator and State assemblyman of New and inserting ‘‘; and’’; and tion of a Federal mandate. It says, (3) by adding at the end the following: York, I would make one addition to ‘‘(3) if the bill or joint resolution would President Reagan’s observations. If the A bill must be scored by the Congressional make the reduction specified in section Budget Office if it increases costs for State Federal Government has an expensive or local governments by expanding an exist- 421(5)(B)(i)(II), a statement of how the com- and often unnecessary program, let mittee specifically intends the States to im- ing program, but fails either to pay for the plement the reduction and to what extent somebody else pay for it. increased costs or to provide for the flexi- the legislation provides additional flexi- As a local and State official, I have bility to absorb those costs. bility, if any, to offset the reduction.’’. seen firsthand how unfunded mandates This bill will expand the Congres- (b) CONGRESSIONAL BUDGET OFFICE ESTI- have busted local budgets. As a Mem- sional Budget Office requirements as MATES.—Section 424(a) of the Congressional ber of Congress, we have had the oppor- Congress had originally intended.

VerDate 29-OCT-99 23:41 Nov 16, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.009 pfrm02 PsN: H16PT1 H12004 CONGRESSIONAL RECORD — HOUSE November 16, 1999 I really want to take this time to that we move through. I am glad that flexibility and the authority to offset thank my chairman, the gentleman it enjoys strong bipartisan support. As the cut or the cap. from California (Mr. DREIER), and his we have delved into the annals of his- This is a good bill that clarifies what entire staff, the gentleman from New tory in the Committee on Rules, it ap- was intended by the Congress when it York (Mr. REYNOLDS), and all the other pears that this may be if not the first passed the original mandates bill in Members of the Committee on Rules time, the first time in a heck of a long March of 1995. I urge Members to for addressing the problems that we time that the Committee on Rules has strongly support it. had with them. moved legislation which is being con- Mr. REYNOLDS. Mr. Speaker, I yield We informed them of our concerns sidered under suspension of the rules. myself such time as I may consume. and they amended the bill accordingly. Mr. Speaker, it is with this bipar- Mr. Speaker, I again want to thank Thanks to their very gracious accept- tisan spirit that I would like to con- the gentleman from California (Mr. ance of our suggestions, I have no gratulate the gentleman from New DREIER), the chairman, and the gen- major concerns with this bill, and I York (Mr. REYNOLDS) for his hard work tleman from Massachusetts (Mr. MOAK- urge my colleagues to support it. on this, and urge my colleagues to sup- LEY) for their assistance in this legisla- Mr. Speaker, I reserve the balance of port this measure. tion as we bring it before the House on my time. Mr. MOAKLEY. Mr. Speaker, I have suspension. Mr. REYNOLDS. Mr. Speaker, I yield no further requests for time, and I Mr. MORAN of Virginia. Mr. Speaker, I rise such time as he may consume to the yield back the balance of my time. in support of this legislation and applaud the gentleman from California (Mr. Mr. REYNOLDS. Mr. Speaker, I yield gentlemen from California (Mr. CONDIT) and DREIER), the distinguished chairman of such time as he may consume to the New York (Mr. REYNOLDS) for their work on the Committee on Rules. gentleman from Georgia (Mr. LINDER), this issue. My own involvement on the un- Mr. DREIER. Mr. Speaker, I thank chairman of the Subcommittee on funded mandate issue began more than five the gentleman for yielding time to me. Rules and Organization of the House of years ago. Our efforts were successful. Mr. Speaker, the gentleman from the Committee on Rules. As one of the first acts of the 104th Con- Massachusetts (Mr. MOAKLEY) will be Mr. LINDER. Mr. Speaker, I thank gress, we passed the Unfunded Mandate Re- very happy that I have taken the well the gentleman for yielding time to me. form Act. We all should all be held account- to speak, because along with compli- Mr. Speaker, I rise in strong support able for legislation we support regardless of menting the gentleman from New York of the State Flexibility Clarification whether it imposes a cost on the public or pri- (Mr. REYNOLDS), I want to thank him Act, and I commend the hard work in vate sector. The Unfunded Mandate Reform for his hard work and that of his staff, the gentleman from New York in en- Act gives us this accountability for legislation who worked with the gentleman from suring its passage. that affects state and local governments. New York (Mr. REYNOLDS) and his staff Mr. Speaker, as the chairman of the in putting together what I think is a Committee on Rules subcommittee Today, the legislation provides a technical very important measure. with jurisdiction over the mandates fix on the issue of state-administered entitle- As has been pointed out, this has legislation, I held a hearing earlier this ment programs like food stamps, TANF, and twice passed the House before through year on the effectiveness of the 1995 Medicaid. The fix is necessary because the the Unfunded Mandates Reform Act, Unfunded Mandates Reform Act and Congressional Budget Office (CBO) has deter- and we have had difficulty getting that proposals to expand that Act. mined that any new entitlement program man- legislation through. So I believe that We have now had 3 full years to ob- dates is exempt from the Unfunded Mandate the gentleman from New York (Mr. serve how the law has worked. It has Reform Act if there is sufficient flexibility within REYNOLDS) was absolutely right on tar- worked well. The bill has simply forced the entitlement program to offset the new get in stepping up to the plate and say- Members to review reliable informa- mandate's new state and local costs. For ex- ing that we needed to move this State tion from the CBO in an effort to in- ample, on June 10, 1996, CBO ruled that a flexibility clarification measure. crease not only Member consciousness point-of-order would not exist for a proposed In 1996, the CBO estimate exempted of the cost of legislation, but also pub- cap on federal Medicaid contributions and any committee-reported bills that limit re- lic awareness. other mandatory federal aid programs except sources available to State and local The bill under consideration today is food stamps. The effect of this interpretation governments from budget scoring as similar to language in the Mandates was to exempt more than two-thirds of all defined by the 1995 Unfunded Mandates Information Act that we considered in grant-in-aid, the mandatory entitlement pro- Reform Act, legislation which sought February of this year. I am pleased gram, from coverage under the Unfunded to lift that burden of unfunded Federal that the State Flexibility Clarification Mandate Reform Act. mandates. Act will now pass as a stand-alone bill What may appear to be an optional federal As both the gentleman from Massa- today. mandate program from CBO's perspective, chusetts (Mr. MOAKLEY) and the gen- The reason this bill is necessary is such as, expanded Medicaid coverage to tleman from New York (Mr. REYNOLDS) because in 1996 the Congressional Budg- pregnant women and children, is not an op- have pointed out, this is a technical et Office decided that Federal entitle- tional program from the states' perspective. I point but it is a very important one, ment programs such as Medicaid, child know of no state willing or reduce Medicaid because without such scoring, commit- nutrition, and foster care are consid- coverage to pregnant women and children to tees would be unable to consider the ered exempt from the unfunded inter- help offset the cost of a new federal mandate. ramifications of proposed legislation governmental mandates requirements The legislation would correct this interpreta- on State and local governments. if Congress imposes new conditions, tion problem by adding a few simple words to This bill that the gentleman from places caps on funding, or cuts funding the Unfunded Mandate Reform Act to clarify New York (Mr. REYNOLDS) has care- without giving the States the author- that any cut or cap of safety net programs fully crafted will stipulate that any ity to adjust to those changes. constitutes an intergovernmental mandate un- new changes to entitlement programs The CBO interpretation exempted less state and local governments are given that do not provide new flexibility more than two-thirds of mandatory en- new or additional flexibility and the authority to would be construed by the Congres- titlement programs from coverage offset the cut or cap. This provision has been sional Budget Office as an intergovern- under the 1995 mandates bill. As a re- endorsed by the five major state and local or- mental mandate as defined by the Un- sult, the point of order against un- ganizations. funded Mandates Reform Act. funded requirements on State and local I urge you to vote for this legislation. This bill has been endorsed by a wide governments would not apply in these Mr. PORTMAN. Mr. Speaker, I rise in sup- range of groups, including the National circumstances. port of the State Flexibility Clarification Act Governors Association, the National Therefore, the bill on the floor today (H.R. 3257) sponsored by my friend from New Conference of State Legislators, and will help clarify that any cut or cap of York, Mr. REYNOLDS. This bill is a technical other major State and local organiza- entitlement programs constitutes a correction to the Unfunded Mandates Reform tions. Federal intergovernmental mandate, Act of 1995. And as one of the lead authors I would like to simply say that I be- and would require committees and the of that measure, I believe it is entirely con- lieve it is a very important measure CBO to report on new or additional sistent with the legislative intent of that law.

VerDate 29-OCT-99 02:01 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.011 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12005 The State Flexibility Clarification Act clarifies The SPEAKER pro tempore (Mr. clause clouding the title. If the State that any legislation capping or decreasing fed- OSE). The question is on the motion of- were to trade these parcels to a private eral financial participation in state-adminis- fered by the gentleman from New York party, the BLM could take title from tered entitlement programs is an intergovern- (Mr. REYNOLDS) that the House suspend the private party. This makes the land mental mandate if it doesn't provide new or the rules and pass the bill, H.R. 3257, as exchange unworkable unless Congress expanded authority for the states to deal with amended. passes legislation releasing these re- the change. The question was taken. versionary interests. It would also make the cap or decrease Mr. REYNOLDS. Mr. Speaker, on This bill would remove those revi- subject to the CBO unfunded mandates scor- that I demand the yeas and nays. sionary clauses so that the State could ing process and procedural points of order. The yeas and nays were ordered. pass clear title in the land exchange. This fix will help facilitate state and local input The SPEAKER pro tempore. Pursu- The completion of the exchange would in the drafting of new federal entitlements and ant to clause 8 of rule XX and the further the habitat conservation plan changes to current entitlements. Chair’s prior announcement, further for the desert tortoise. This is a commonsense technical correction proceedings on this motion will be Mr. Speaker, this is a good bill, and to the Unfunded Mandates Reform Act, and it postponed. I urge my colleagues to support it. has been endorsed by all of the leading orga- f nizations representing state and local govern- Mr. Speaker, I reserve the balance of ments who were so instrumental in supporting RELEASING REVERSIONARY IN- my time. UMRA, including: the National Governors As- TERESTS IN CERTAIN PROPERTY Mr. ROMERO-BARCELO´ . Mr. Speak- sociation, the National Conference of State IN WASHINGTON COUNTY, UTAH er, I yield myself such time as I may Legislatures, and the National Association of Mr. HANSEN. Mr. Speaker, I move to consume. Counties. suspend the rules and pass the bill (Mr. ROMERO-BARCELO´ asked and Nearly identical provisions have already (H.R. 2862) to direct the Secretary of was given permission to revise and ex- passed the House of Representatives twice in the Interior to release reversionary in- tend his remarks.) versions of the Mandates Information Act in terests held by the United States in ´ both the 105th and 106th Congresses. Mr. ROMERO-BARCELO. Mr. Speak- certain parcels of land in Washington er, H.R. 2862 would require the Sec- I commend the gentleman from New York County, Utah, to facilitate an antici- for his leadership, and I commend the Com- retary of the Interior to release rever- pated land exchange. sionary interests held by the United mittee on Rules for moving this important cor- The Clerk read as follows: States in certain parcels of land in rection forward. H.R. 2862 Mr. WAXMAN. Mr. Speaker, H.R. 3257, the Washington County, Utah, for the stat- State Flexibility Clarification Act, amends the Be it enacted by the Senate and House of Rep- ed purpose of facilitating a land ex- resentatives of the United States of America in change. Unfunded Mandates Reform Act (UMRA) to Congress assembled, require Congressional committees and the SECTION 1. RELEASE OF REVERSIONARY INTER- Evidently, the lands in question were Congressional Budget Office to give States ESTS IN CERTAIN PROPERTY IN granted to the State of Utah pursuant guidance on how to reach program goals if WASHINGTON COUNTY, UTAH. to the Recreation and Public Purposes Congress decides to reduce funding to the (a) RELEASE REQUIRED.—The Secretary of Act for inclusion in Snow Canyon States. This bill does not change the definition the Interior shall release, without consider- State Park. It is our understanding of an unfunded mandate. Therefore, only ation, the reversionary interests of the that the State now wishes to exchange those funding reductions for programs already United States in certain real property lo- cated in Washington County, Utah, and de- this land with a private party in order defined as an unfunded mandate under the picted on the map entitled ‘‘Exchange Par- to acquire other lands that will be used existing law would be subject to these addi- cels, Gardner & State of Utah Property’’, for desert tortoise habitat. tional analyses. dated April 21, 1999, to facilitate a land ex- However, under the Recreation and As originally introduced, H.R. 3257 would change to be conducted by the State of Utah Public Purposes Act, the State is pre- have amended the definition of an unfunded involving the property. cluded from making such an exchange mandate to include Medicaid and other entitle- (b) INSTRUMENT OF RELEASE.—The Sec- because the State park land carries a retary shall execute and file in the appro- ment programs. Under existing law, the Con- clause reverting the lands back to the gressional Budget Office has determined that priate office or offices a deed of release, amended deed, or other appropriate instru- United States if it is used for other these entitlement programs are exempt from than a public purpose. UMRA because States are given sufficient ment effectuating the release of the rever- sionary interests required by this section. flexibility to meet minimum Federal require- H.R. 2862 is being brought to the floor ments without undue burden. If this definition The SPEAKER pro tempore. Pursu- without having ever been considered by was changed to include Medicaid, then any ant to the rule, the gentleman from the Committee on Resources, but we legislation that tightens quality standards; im- Utah (Mr. HANSEN) and the gentleman have been assured by the gentleman proves nursing home requirements; protects from Puerto Rico (Mr. ROMERO- from Utah (Mr. HANSEN) that this legis- funding for rural or community health centers BARCELO´ ) each will control 20 minutes. lation is noncontroversial. Although with a prospective payment system; or en- The Chair recognizes the gentleman we have no formal views from the ad- hances benefits or services provided under from Utah (Mr. HANSEN). ministration and others on this, it does Medicaid would become subject to a point of Mr. HANSEN. Mr. Speaker, I yield appear that there is no controversy as- order on the House floor and the other proce- myself such time as I may consume. sociated with the proposal. dural requirements under UMRA. Mr. Speaker, H.R. 2862, introduced by That being the case, we will not ob- Because of our concerns, the bill's sponsors myself on September 14, 1999, would di- ject to the consideration of H.R. 2862 agreed to remove this change in definition. rect the Secretary of the Interior to re- by the House today. The gentleman from Georgia implied in his lease reversionary interests held by the Mr. Speaker, I have no further re- statement that this bill would change the defi- United States in certain parcels of land quests for time, and I yield back the nition of an unfunded mandate to include Med- in Washington County, Utah, to facili- balance of my time. icaid and other entitlement programs. He was tate an anticipated land exchange. This legislation was introduced at Mr. HANSEN. Mr. Speaker, I have no referring to the bill as originally introduced. further requests for time, and I yield The bill we are considering today would not the request of the Bureau of Land Man- back the balance of my time. amend the definition of an unfunded mandate. agement. The exchange at issue was de- Therefore, Medicaid and other entitlement pro- signed to facilitate desert tortoise pro- The SPEAKER pro tempore. The grams would continue to not be subject to tection. The State of Utah wants to question is on the motion offered by UMRA and Congress will still be able to pro- trade certain parcels of State land to the gentleman from Utah (Mr. HANSEN) vide necessary oversight to ensure that States some private parties. that the House suspend the rules and are using Federal funds for these programs for Unfortunately, because these parcels pass the bill, H.R. 2862. their intended purposes. were originally received from the Bu- The question was taken; and (two- Mr. REYNOLDS. Mr. Speaker, I have reau of Land Management pursuant to thirds having voted in favor thereof), no further requests for time, and I the Recreation and Public Purposes the rules were suspended and the bill yield back the balance of my time. Act, they have a BLM reversionary was passed.

VerDate 29-OCT-99 02:25 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.080 pfrm02 PsN: H16PT1 H12006 CONGRESSIONAL RECORD — HOUSE November 16, 1999 A motion to reconsider was laid on (Mr. ROMERO-BARCELO´ asked and (3) by adding at the end the following new the table. was given permission to revise and ex- paragraph: f tend his remarks.) ‘‘(2) Only after acquisition by the Sec- retary from a willing seller, the approxi- CLARIFYING LEGAL EFFECT OF b 1230 mately 2000 acres of land on Cat Island, Mis- LAND ACQUISITION IN RED Mr. ROMERO-BARCELO´ . Mr. Speak- sissippi, generally depicted on the map enti- CLIFFS DESERT RESERVE er, H.R. 2863 would clarify the legal ef- tled ‘Boundary Map, Gulf Islands National Seashore, Cat Island, Mississippi’, numbered Mr. HANSEN. Mr. Speaker, I move to fect on the United States of the acqui- 635/80085, and dated November 9, 1999 (herein- suspend the rules and pass the bill sition of a parcel of land in the Red after referred to as the ‘Cat Island Map’). (H.R. 2863) to clarify the legal effect on Cliffs Desert Reserve in Utah. It is our The Cat Island Map shall be on file and avail- the United States of the acquisition of understanding that the Bureau of Land able for public inspection in the appropriate a parcel of land in the Red Cliffs Desert Management and the City of St. offices of the National Park Service of the Reserve in the State of Utah. George, Utah, are negotiating a land Department of the Interior.’’. The Clerk read as follows: exchange designed to facilitate a Habi- (b) ACQUISITION AUTHORITY.—Section 2 of Public Law 91–660 (16 U.S.C. 459h–1; 84 Stat. H.R. 2863 tat Conservation Plan for the desert 1967) is amended— Be it enacted by the Senate and House of tortoise. We have been told that one of (1) in the first sentence of subsection (a), Representatives of the United States of America the parcels the Bureau of Land Man- by inserting ‘‘submerged lands,’’ after in Congress assembled, agement wants to acquire was formally ‘‘lands,’’; and SECTION 1. TREATMENT OF CERTAIN LAND IN (2) by adding at the end the following new RED CLIFFS DESERT RESERVE, used as a landfill. Obviously, the BLM UTAH, ACQUIRED BY EXCHANGE. is concerned about acquiring this land subsection: ‘‘(e)(1) The Secretary is authorized to ac- (a) LIMITATION ON LIABILITY.—In support of and thus being liable for any unknown quire, from a willing seller only— the habitat conservation plan of Washington materials that may be in the landfill. County, Utah, for the protection of the ‘‘(A) the approximately 2,000 acres of land H.R. 2863 would leave legal liability depicted on the Cat Island Map; desert tortoise and surrounding habitat, the for the landfill in the hands of the city. transfer of the land described in subsection ‘‘(B) an easement over the approximately (b) from the city of St. George, Utah, to the We understand that this is agreeable to 150-acre parcel depicted as the ‘Boddie Fam- United States shall convey no liability on both the city and the Bureau of Land ily Tract’ on the Cat Island Map for the pur- the United States that did not already exist Management. pose of implementing an agreement with the with the United States on the date of the Mr. Speaker, like H.R. 2862, this bill owners of the parcel concerning the develop- transfer of the land. is also being brought to the floor with- ment and use of the parcel; and (b) DESCRIPTION OF LAND.—The land re- out ever having been considered by the ‘‘(C) lands and interests in lands on Cat Is- ferred to in subsection (a) is a parcel of ap- land outside the 2,000-acre area depicted on proximately 15 acres of land located within Committee on Resources. However, the Cat Island Map and submerged lands that the Red Cliffs Desert Reserve in Washington there appears to be a clear public ben- lie within 1 mile seaward of Cat Island; how- County, Utah, that was formerly used as a efit to the United States in this legisla- ever submerged lands owned by the State of landfill by the city of St. George. tion and as such, we have no objection Mississippi or its subdivisions may be ac- The SPEAKER pro tempore. Pursu- to the House considering the measure quired under this subsection only by dona- ant to the rule, the gentleman from today. tion. Mr. Speaker, I have no other speak- ‘‘(2) Lands and interests in lands acquired Utah (Mr. HANSEN) and the gentleman under this subsection shall be administered from Puerto Rico (Mr. ROMERO- ers, and I yield back the balance of my by the Secretary, acting through the Direc- BARCELO´ ) each will control 20 minutes. time. tor of the National Park Service. The Chair recognizes the gentleman Mr. HANSEN. Mr. Speaker, I yield ‘‘(3) The boundary of the seashore shall be from Utah (Mr. HANSEN). back the balance of my time. modified to reflect the acquisition of such Mr. HANSEN. Mr. Speaker, I yield The SPEAKER pro tempore (Mr. lands.’’. myself such time as I may consume. OSE). The question is on the motion of- (c) REGULATION OF FISHING.—Section 3 of Mr. Speaker, H.R. 2863, introduced by fered by the gentleman from Utah (Mr. Public Law 91–660 (16 U.S.C. 459h–2; 84 Stat. myself on September 14, 1999, would 1968) is amended— HANSEN) that the House suspend the (1) by inserting ‘‘(a)’’ before ‘‘The Sec- clarify the legal effect on the United rules and pass the bill, H.R. 2863. States of the acquisition of a parcel of retary’’; and The question was taken; and (two- (2) by adding at the end the following: land in the Red Cliffs Desert Reserve in thirds having voted in favor thereof) ‘‘(b) Nothing in this Act shall be construed the State of Utah. the rules were suspended and the bill to give the Secretary authority to regulate This legislation was introduced at was passed. fishing activities, including shrimping, out- the request of the Bureau of Land Man- A motion to reconsider was laid on side of the boundaries of the seashore.’’. agement. This bill deals with the prob- (d) AUTHORIZATION OF MANAGEMENT AGREE- the table. lem with an anticipated land exchange MENTS.—Section 5 of Public Law 91–660 (16 between the city of St. George and the f U.S.C. 459h–4; 84 Stat. 1968) is amended— BLM. This exchange is also designed to ADJUSTING THE BOUNDARIES OF (1) by inserting ‘‘(a)’’ before ‘‘Except’’; and facilitate the Washington County, (2) by adding at the end the following new GULF ISLANDS NATIONAL SEA- subsection: Utah, habitat conservation plan for the SHORE TO INCLUDE CAT ISLAND, ‘‘(b)(1) The Secretary is authorized to enter desert tortoise. MISSISSIPPI into agreements— A certain parcel of land that the Mr. HANSEN. Mr. Speaker, I move to ‘‘(A) with the State of Mississippi and its BLM wants to acquire used to be a suspend the rules and pass the bill political subdivisions for the purposes of landfill. The BLM wants to acquire the managing resources and providing law en- (H.R. 2541) to adjust the boundaries of lands in the exchange, but they do not forcement assistance, subject to State law the Gulf Islands National Seashore to want to accept liability for any un- authorization, and emergency services on or include Cat Island, Mississippi, as known toxic material that may be in within any lands on Cat Island and any wa- amended. ters and submerged lands within 1 mile sea- the landfill. ward from Cat Island; and This bill would leave liability for the The Clerk read as follows: H.R. 2541 ‘‘(B) with the owners of the approximately landfill in the hands of the city. Thus, 150-acre parcel of land depicted as the the BLM would not be forced to accept Be it enacted by the Senate and House of Rep- ‘Boddie Family Tract’ on the Cat Island Map liability. The BLM refuses to go resentatives of the United States of America in concerning the development and use of such through with the lands exchange unless Congress assembled, land. this bill is passed. Both the BLM and SECTION 1. BOUNDARY ADJUSTMENT. ‘‘(2) Nothing in this subsection shall be the city are in favor of this legislation. (a) IN GENERAL.—The first section of Pub- construed to authorize the Secretary to en- Mr. Speaker, this is a good bill, and I lic Law 91–660 (16 U.S.C. 459h; 84 Stat. 1967) is force Federal regulations outside the land amended— urge my colleagues to support it. area within the designated boundary of the (1) by redesignating paragraphs (1) through seashore.’’. Mr. Speaker, I reserve the balance of (6) as subparagraphs (A) through (F); (e) AUTHORIZATION OF APPROPRIATIONS.— my time. ´ (2) by striking ‘‘shall comprise the fol- Section 11 of Public Law 91–660 (16 U.S.C. Mr. ROMERO-BARCELO. Mr. Speak- lowing gulf coast’’ and inserting the fol- 459h–10; 84 Stat. 1970) is amended— er, I yield myself such time as I may lowing: ‘‘shall comprise the following: (1) by inserting ‘‘(a)’’ before ‘‘There’’; and consume. ‘‘(1) The gulf coast’’; and (2) by adding at the end the following:

VerDate 29-OCT-99 02:01 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.016 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12007 ‘‘(b) In addition to the funds authorized by the creation of the seashore went for- Mr. ROMERO-BARCELO´ . Mr. Speak- subsection (a), there are authorized to be ap- ward without Cat Island. er, I yield myself such time as I may propriated such sums as are necessary to ac- We now have an opportunity to consume. quire lands and submerged lands on and adja- change that. It is our understanding Mr. Speaker, I do not see why this cent to Cat Island, Mississippi.’’. that the family is now willing to have issue could not be resolved and we will The SPEAKER pro tempore. Pursu- 2,000 acres of their land be included in work with the gentleman from Mis- ant to the rule, the gentleman from the seashore and an agreement for the AYLOR) to see that the Utah (Mr. HANSEN) and the gentleman National Park Service to acquire the sissippi (Mr. T from Puerto Rico (Mr. ROMERO- land is in the works. issue is resolved. BARCELO´ ) each will control 20 minutes. H.R. 2541, sponsored by our colleague, Mr. Speaker, I yield such time as he The Chair recognizes the gentleman the gentleman from Mississippi (Mr. may consume to the gentleman from from Utah (Mr. HANSEN). TAYLOR) would alter the boundary of AYLOR Mr. HANSEN. Mr. Speaker, I yield Mississippi (Mr. T ). the existing seashore to add these myself such time as I may consume. Mr. TAYLOR of Mississippi. Mr. Mr. Speaker, I rise in support of H.R. lands. Speaker, I thank the gentleman from Mr. Speaker, this legislation and the 2541, as amended. This bill, introduced Puerto Rico (Mr. ROMERO-BARCELO´ ) for eventual land purchase it authorizes, by the gentleman from Mississippi (Mr. yielding me this time. have been the subject of extensive ne- TAYLOR), would adjust the boundaries Mr. Speaker, H.R. 2541 would address of the Gulf Islands National Seashore gotiations involving the National Park Service, the family which owns the is- the boundaries of the Gulf Islands Na- to include an area of land known as Cat tional Seashore to include Cat Island, Island. Cat Island is approximately land, and the gentleman from Mis- Mississippi. 2,100 acres in size at the western end of sissippi. During consideration of this measure Gulf Islands National Seashore, which In 1971, Congress authorized the Gulf by our committee, the gentleman from consists of a number of coastal barrier Islands National Seashore ‘‘. . . in Utah (Mr. HANSEN) chairman of the islands. order to preserve for public use and en- Mr. Speaker, we are considering this Subcommittee on National Parks and joyment certain areas possessing out- bill with amendments that we have all Public Lands, offered an amendment standing natural, historic and rec- agreed on. The amendment addresses a attempting to address many of the un- reational values’’ (Public Law 91–660). resolved issues, but in a way which we number of concerns that have been ex- The Gulf Islands National Seashore in- opposed. However, with the amended pressed by the primary owners of Cat cludes a series of coastal islands bill the House is considering today, Island, by the Park Service, and also stretching from Florida to Mississippi. by the author of the legislation, the these differences have been resolved in a manner that will allow the NPS to Cat Island was not a part of the origi- gentleman from Mississippi (Mr. TAY- manage the portion of Cat Island they nal legislation creating the Gulf Is- LOR). This amendment effectively ex- lands National Seashore, although it cludes 156 acres of private property on will acquire effectively while also pro- tecting the rights of the remaining was considered the most desirable is- Cat Island from inclusion within the land from an ecological standpoint. At boundaries of the national seashore. It property owners on the island. The gentleman from Mississippi (Mr. the time, it was not available for sale also assures that acquisition of any and it was not included. property and any easement is by will- TAYLOR) deserves great credit for his ing seller only and clarifies that the efforts to move this important legisla- The primary owners of the island, the Secretary can acquire the submerged tion forward. It is clear that Cat Island Boddie family, have now come forward land within 1 mile of Cat Island, owned is a beautiful area, as several witnesses as willing sellers to offer approxi- by the State of Mississippi, only by do- testified at hearings on this bill, it will mately 2,000 acres of land on Cat Island nation. be a valuable addition to the Gulf Is- for inclusion in the Gulf Islands Na- The substitute also authorizes the lands National Seashore. We urge our tional Seashore. This legislation would Park Service to enter into necessary colleagues to support this bill, as give the Department of the Interior the and appropriate agreements with the amended. authority to acquire this property. Ap- Mr. Speaker, I reserve the balance of State of Mississippi and the private proximately 156 acres of land on Cat Is- property owners. This bill authorizes my time. Mr. HANSEN. Mr. Speaker, I yield land would remain in private owner- such sums necessary to acquire Cat Is- myself such time as I may consume. ship, and all the land below the mean land. line of ordinary high tide would remain Mr. Speaker, this bill is supported by Mr. Speaker, I understand that there is a little problem with this piece of under the jurisdiction of the State of the administration and the minority, Mississippi. These tracts of land, wa- and I urge my colleagues to support legislation regarding duck hunting. A lot of folks know when this was really ters, and submerged lands would re- H.R. 2541. main outside the boundary of the Gulf Mr. Speaker, I reserve the balance of put together the first time under the Islands National Seashore. Further- my time. section of the bill it states that: The Mr. ROMERO-BARCELO´ . Mr. Speak- Secretary shall permit hunting and more, the bill makes it absolutely er, I yield myself such time as I may fishing on island and waters within the clear that all activities, including fish- consume. seashore in accordance with applicable ing and shrimping, would remain regu- (Mr. ROMERO-BARCELO´ asked and Federal and State laws. lated by the State of Mississippi. was given permission to revise and ex- So, Mr. Speaker, I would just hope The amendments that are included in tend his remarks.) that people realize that maybe the su- this motion to suspend the rules and ´ Mr. ROMERO-BARCELO. Mr. Speak- perintendent is expanding his power a pass H.R. 2541 make several changes to er, the Gulf Islands National Seashore little bit, because we understand he is the bill as reported by the House Com- stretches for 150 miles along the Gulf not doing this. It is my sincere hope mittee on Resources. These additional Coast from Mississippi to Florida. The that this hunting issue is resolved with changes addressed all the concerns out- seashore is more than 135,000 acres in the satisfaction of the Florida Fish and lined in the ‘‘Additional Views’’ as filed size and includes portions of both the Wildlife Conservation Commission be- on November 4 of this year. mainland and a chain of barrier islands fore this bill becomes law. It worries just offshore. me, as chairman of the Subcommittee With development booming along the When the seashore was first con- on National Parks and Public Lands, Mississippi Gulf Coast, the threat of ceived, it was hoped that Cat Island, when I see a superintendent expand the development on Cat Island is intense the western-most island this chain, authority that the law has given him. and very real. I wish to thank all of my would be included. In fact, based on its And I am sure his heart is in the right colleagues, especially the gentleman size and diversity of unspoiled natural place. And I am sure we can resolve from Utah (Mr. HANSEN), the gen- resources, Cat Island was expected to this minor issue, but I hope this could tleman from Alaska (Chairman be the ‘‘crown jewel’’ of the new na- be resolved. And I just wanted to bring YOUNG), the gentleman from California tional seashore. However, the family that to the attention of the body. (Mr. MILLER), ranking member, and the which owned most of the island de- Mr. Speaker, I reserve the balance of gentleman from Puerto Rico (Mr. clined to be included at that time and my time. ROMERO-

VerDate 29-OCT-99 02:01 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.063 pfrm02 PsN: H16PT1 H12008 CONGRESSIONAL RECORD — HOUSE November 16, 1999

BARCELO´ ) for giving this bill their per- from Youngstown, Ohio (Mr. TRAFI- Creek Lake in Cortland, Ohio. Under sonal attention. It is essential that we CANT). the bill, the U.S. Attorney General expedite enactment of this legislation The bill reflects the concerns of some would have the authority to file suit in as these are willing sellers who have of the gentleman’s constituents in the U.S. District Court to enforce this extended this offer for only a limited Trumbull County, Ohio regarding the prohibition. period of time. U.S. Army Corps of Engineers-adminis- Mr. Speaker, the Clinton administra- Cat Island is a diverse habitat for a tered project known as Mosquito Creek tion opposes this bill. Not only do they wealth of marine life and shore birds Lake for which the Department of the perceive an opportunity to raise Fed- and one of the best surf fishing spots Interior is considering leasing the oil eral revenues through the development on the entire Gulf Coast. and gas rights beneath this reservoir. of oil and gas resources, they also can- More to the point, Mr. Speaker, Cat The Bureau of Land Management has not prevent drainage from surrounding Island is, in my opinion, one of the last prepared a planning analysis and envi- private lands if they do not develop the remaining places on the Mississippi ronmental analysis in preparation for a area beneath Mosquito Creek Lake. Gulf Coast where one can still see the decision whether to lease approxi- Given these concerns, I have some hand of God. And whether it is a beau- mately 11,100 acres of minimal estate reservations about the bill. However, tiful osprey or a mother dolphin or acquired by the Federal Government the gentleman from Ohio (Mr. TRAFI- something as strange-looking as an al- when the Corps of Engineers im- CANT) has expressed a great desire to ligator or a horseshoe crab, it is all pounded this drainage basin, creating a see this bill enacted and, since it af- part of the hand of God and deserves to reservoir about 1 mile wide and 9 miles fects his district, we do not intend to be protected. Mr. Speaker, I thank my long. oppose it. colleagues for making this possible. Nonetheless, local opposition to the ´ Mr. ROMERO-BARCELO. Mr. Speak- BLM proposal remains, primarily, upon b 1245 er, I have no further speakers on this concerns of spills and contaminant dis- issue, and I yield back the balance of charges from drilling upon surface and Mr. Speaker, I yield such time as he my time. groundwater resources. However, I will may consume to the gentleman from Mr. HANSEN. Mr. Speaker, I have no yield to the wishes of the elected House Ohio (Mr. TRAFICANT). requests for time, and I yield back the Member from this affected area. He Mr. TRAFICANT. Mr. Speaker, I balance of my time. will have to deal with that with his want to take this time to speak on a The SPEAKER pro tempore. The constituents. bill that I introduced, and I wanted to question is on the motion offered by Mr. Speaker, I urge my colleagues to make a few comments on H.R. 2818, to the gentleman from Utah (Mr. HANSEN) vote for this bill. ban slant drilling at Mosquito Creek that the House suspend the rules and Mr. Speaker, I yield back the balance Lake. pass the bill, H.R. 2541, as amended. of my time. Now, I have supported capturing rev- The question was taken; and (two- Mr. ROMERO-BARCELO´ . Mr. Speak- enues from energy sources offshore and thirds having voted in favor thereof) er, I yield myself such time as I may will continue to do so. But, Mr. Speak- the rules were suspended and the bill, consume. er, I want to point this out to the as amended, was passed. (Mr. ROMERO-BARCELO´ asked and House, because this is the beginning of A motion to reconsider was laid on was given permission to revise and ex- probably a policy discussion on an the table. tend his remarks.) issue that has become and will become f Mr. ROMERO-BARCELO´ . Mr. Speak- more sensitive. er, H.R. 2818 was introduced by the gen- The Bureau of Land Management PROHIBITING OIL AND GAS DRILL- tleman from Ohio (Mr. TRAFICANT) to wanted to slant drill underneath Mos- ING IN MOSQUITO CREEK LAKE address concerns raised by his con- quito Creek Lake, and that is the sole, IN CORTLAND, OHIO stituents in Trumbull County, Ohio re- primary, and only drinking water for Mr. HANSEN. Mr. Speaker, I move to lating to a U.S. Army Corps of Engi- the second largest city in my district suspend the rules and pass the bill neers-administered project known as of 60,000 people, the city of Warren. The (H.R. 2818) to prohibit oil and gas drill- Mosquito Creek Lake. This area is cur- City of Cortland also depends upon it ing in Mosquito Creek Lake in rently under consideration for develop- as do the aquifer systems of many Cortland, Ohio. ment of Federal oil and gas rights be- small communities in the area. The Clerk read as follows: neath the man-made reservoir. So it is not as if we are just cap- H.R. 2818 The U.S. Bureau of Land Manage- turing the revenue, which I want to do Be it enacted by the Senate and House of ment field office in Milwaukee, Wis- and which I support. This is a sole-pur- Representatives of the United States of America consin, has developed a proposed plan- pose drinking water lake. I think it is in Congress assembled, ning analysis, environmental analysis bad policy. SECTION 1. PROHIBITION. preparatory to a decision on whether I want to make this point very sim- After the enactment of this Act no person to lease 11,100 acres of mineral estate ply to Congress, water running down may commence any drilling activity (includ- acquired by the Federal Government hill, and any drilling today would be in ing any slant or directional drilling) to ex- when the Corps impounded this drain- effect 40 years from now. What tremor tract oil or gas from lands beneath waters might there be or what consequence under the jurisdiction of the United States age basin creating a reservoir about 1 in Mosquito Creek Lake in Cortland, Ohio. mile wide and 9 miles long. might occur to impact upon that sys- The Attorney General of the United States There are significant oil and gas de- tem and to damage the quality of may bring an action in the appropriate posits beneath Mosquito Lake which drinking water for our people? The cost United States district court to enforce the various entities have expressed desires and benefits to the communities are so prohibition contained in this section. and interest in developing. Despite small that one single incident would The SPEAKER pro tempore. Pursu- stipulations and other safeguards obliterate any dollars they have in any ant to the rule, the gentleman from which the BLM and the Corps of Engi- of their budget. So Congress is doing Utah (Mr. HANSEN) and the gentleman neers have promised to provide, as well much more today than pass this. Con- from Puerto Rico (Mr. ROMERO- as a long history of oil and gas develop- gress begins the dialogue and debate on BARCELO´ ) each will control 20 minutes. ment in the area, some local residents these types of issues. The Chair recognizes the gentleman continue to oppose any new oil and gas So I wanted to make this point that from Utah (Mr. HANSEN). activity. every single community impacted upon Mr. HANSEN. Mr. Speaker, I yield These stipulations are not sufficient by this decision was opposed to that myself such time as I may consume. to resolve the concerns of the gen- drilling. I am strongly opposed. I thank Mr. Speaker, I rise in somewhat re- tleman from Ohio (Mr. TRAFICANT), the gentleman from Utah (Mr. HAN- luctant support of H.R. 2818, a bill to therefore, his bill would bar any person SEN), chairman, and the gentleman prohibit oil and gas drilling beneath from any drilling activity including from Puerto Rico (Mr. ROMERO- Mosquito Creek Lake in Cortland, slant or directional drilling to extract BARCELO´ ), the ranking member, for Ohio, introduced by the gentleman oil or gas from lands beneath Mosquito having supported the bill and hope that

VerDate 29-OCT-99 02:01 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.022 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12009 they will help me all the way through ments. For example, BLM did not adequately (H.R. 3063) to amend the Mineral Leas- to codify this into law and statute. consult with the Ohio Environmental Protection ing Act to increase the maximum acre- WHY A LEGISLATIVE REMEDY? Agency. age of Federal leases for sodium that At this stage in the process the only way to Given that the proposed drilling will affect may be held by an entity in any one stop what could be an environmental catas- the sole source of drinking water for more State, and for other purposes. trophe is legislative action. than a quarter of a million people, BLM should The Clerk read as follows: My bill, H.R. 2818 would bar any person have made every effort to ensure that Ohio H.R. 3063 from any drilling activity, including slant or di- EPA played a central role at every step of the Be it enacted by the Senate and House of rectional drilling, to extract oil or gas from environmental assessment process. Representatives of the United States of America lands beneath Mosquito Creek Lake. The bill Unfortunately, this was not done as evi- in Congress assembled, gives the U.S. Attorney General the authority denced by the fact that not a single individual SECTION 1. FINDINGS. to file suit in U.S. District Court to enforce the from Ohio EPA was part of the team that pre- The Congress finds and declares that— prohibition. pared the proposed PA/EA. (1) The Federal lands contain commercial deposits of trona, with the world’s largest BACKGROUND ON THE LAKE BENEFITS VERSUS RISKS body of this mineral located on such lands in Mosquito Creek Lake is located in a heavily Under a best case scenario, the local gov- southwestern Wyoming. populated area, Trumbull County, Ohio. The ernments could receive a total of $150,000 a (2) Trona is mined on Federal lands county seat, Warren, located at the southern year. through Federal sodium leases issued under end of the lake, has a population of more than A single accident could shut down the drink- the Mineral Leasing Act of 1920. 50,000. Trumbull County has a total popu- ing water supply for the cities of Warren and (3) The primary product of trona mining is lation of more than 225,000. Cortland, and surrounding communities. soda ash (sodium carbonate), a basic indus- The lake was constructed in 1944 primarily The planning and assessment documents trial chemical that is used for glass making and a variety of consumer products, includ- for flood control, low-flow augmentation, mu- prepared by BLM do not address the key nicipal water supply, and water quality control. ing baking soda, detergents, and pharma- issue of how or where these government enti- ceuticals. The lake also serves to conserve land and ties would get safe drinking water. (4) The Mineral Leasing Act sets for each preserve fish and wildlife, including several en- A single accident could have devastating leasable mineral limitations on the amount dangered species. and lasting consequences. of acreage of Federal leases any one producer THE LAKE IS MAIN SOURCE OF DRINKING WATER NO PLACE TO TURN BUT CONGRESS may hold in any one state or nationally. Mosquito Creek Lake is the sole source of (5) The present acreage limitation for Fed- I, along with the local governments involved, eral sodium (trona) leases has been in place drinking water for the city of Warren. Let me have tried to work with BLM. Our concerns repeat that: the lake is the sole source of for over five decades, since 1948, and is the have been laid out in great detail. We have oldest acreage limitation in the Mineral drinking water for the city of Warren. been involved in the planning and assessment Leasing Act. Over this time frame Congress The city of Cortland also relies on the lake process at every stage. We have done every- and/or the BLM has revised acreage limits to recharge its aquifers. Surrounding commu- thing by the book. for other minerals to meet the needs of the nities also rely, in part, on the lake to supply The Congress is our last resort. I urge the respective industries. Currently, the sodium their drinking water. House to approve H.R. 2818. Don't let the fed- lease acreage limitation of 15,360 acres per Any contamination of the lake would se- state is approximately one-third of the per eral government impose a program on a com- verely compromise the drinking water supply state Federal lease acreage cap for coal munity that the entire community does not of up to a quarter of a million people. That is (46,080 acres) and potassium (51,200 acres) and want. why I am here today. one-sixteenth that of oil and gas (246,080 In closing, I'd like to quote from a 9/28/98 acres). ALL LOCAL GOVERNMENTS ARE OPPOSED letter submitted to BLM by David D. (6) Three of the four trona producers in The four local governments that are im- Daugherty, assistant law director for the city of Wyoming are operating mines on Federal pacted by this proposal, the cities of Cortland Warren, as part of the PA/EA process. leaseholds that contain total acreage close and Warren, Bazetta Township, and Trumbull to the sodium lease acreage ceiling. There is no gas shortage at present and (7) The same reasons that Congress cited in County, all adamantly oppose the drilling. even if there were, the relative small size of enacting increases in other minerals’ per Keep in mind that these governments will the potential gas resources under the res- state lease acreage caps apply to trona: the receive royalties from the drilling. ervoir would do little to solve any national advent of modern mine technology, changes In addition, every civic, scientific and aca- energy crisis. The overall economic benefit in industry economics, greater global com- demic organization involved in the process to the area is slight while the potential for petition, and need to conserve the Federal has raised serious and substantive concerns harm is great. Mitigation measures by their resource. definition imply the possibility of harm; and relative to safety and the worth of the drilling (8) Existing trona mines require additional while they may reduce the probability of proposal. The Bureau of Land Management lease acreage to avoid premature closure, harm the possibility still exists, particularly (BLM) has ignored local concerns. and are unable to relinquish mined-out areas where the mitigation measures rely on ques- to lease new acreage because those areas STATE AND LOCAL GOVERNMENTS LACK RESOURCES TO tionable enforcement as well as disaster con- continue to be used for mine access, ventila- MONITOR AND RESPOND TO EMERGENCIES tainment capabilities. If no action is taken tion, and tailings disposal and may provide The state of Ohio does not have the re- the mitigation measures are unnecessary future opportunities for secondary recovery sources to effectively and consistently conduct and the probability of a spill or other con- by solution mining. inspections and monitor water quality. tamination from drilling under Federal lands (9) Existing trona producers are having to BLM glosses over this issue by asserting is zero. ´ make long term business decisions affecting that the state will somehow come up with the Mr. ROMERO-BARCELO. Mr. Speak- the type and amount of additional infra- necessary resources or that the drillers them- er, I yield back the balance of my time. structure investments based on the certainty selves will hire outside contractors to do the The SPEAKER pro tempore (Mr. that sufficient acreage of leaseable trona monitoring and inspecting. OSE). The question is on the motion of- will be available for mining in the future. While I have great respect for the oil and fered by the gentleman from Utah (Mr. (10) To maintain the vitality of the domes- gas drilling industry, inspection and water HANSEN) that the House suspend the tic trona industry and ensure the continued quality monitoring are functions that should not rules and pass the bill, H.R. 2818. flow of valuable revenues to the Federal and be entrusted to the private sectorÐespecially The question was taken; and (two- state governments and products to the American public from trona production on when the private companies have a glaring thirds having voted in favor thereof) Federal lands, the Mineral Leasing Act conflict of interest. the rules were suspended and the bill should be amended to increase the acreage Contrary to what BLM has stated in their was passed. limitation for Federal sodium leases. planning analysis and environmental assess- A motion to reconsider was laid on SEC. 2. AMENDMENT OF MINERAL LEASING ACT. ment (PA/EA) documents, the local govern- the table. Paragraph (2) of subsection (b) of section 27 ments do not have the necessary equipment, f of the Mineral Leasing Act (41 Stat. 448; 30 personnel, expertise and resources to ade- U.S.C. 184(b)(2)) is amended by striking ‘‘fif- quately cope with a drilling accident. MINERAL LEASING ACT AMEND- teen thousand three hundred and sixty MENTS REGARDING TRONA MIN- BLM HAS NOT ADEQUATELY CONSULTED WITH STATE AND acres’’ and inserting ‘‘30,720 acres’’. LOCAL OFFICIALS ING The SPEAKER pro tempore. Pursu- Throughout the process BLM has not ade- Mr. HANSEN. Mr. Speaker, I move to ant to the rule, the gentleman from quately consulted with state and local govern- suspend the rules and pass the bill Utah (Mr. HANSEN) and the gentleman

VerDate 29-OCT-99 01:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.025 pfrm02 PsN: H16PT1 H12010 CONGRESSIONAL RECORD — HOUSE November 16, 1999 from Puerto Rico (Mr. ROMERO- national competition. Wyoming gen- CONDEMNING ARMENIAN BARCELO´ ) each will control 20 minutes. erates approximately 2 million tons of ASSASSINATIONS The Chair recognizes the gentleman soda ash per year. Other countries, in- Mr. GILMAN. Mr. Speaker, I move to from Utah (Mr. HANSEN). cluding China and India, with vast sup- suspend the rules and agree to the con- Mr. HANSEN. Mr. Speaker, I yield plies of Trona have erected tariff and current resolution (H. Con. Res. 222) myself such time as I may consume. nontariff barriers to support their own condemning the assassination of Arme- Mr. Speaker, I rise in support of H.R. less efficient producers, making it dif- nian Prime Minister Vazgen Sarksian 3063, a bill to amend the Mineral Leas- ficult to export U.S. soda ash. and other officials of the Armenian ing Act of 1920 with respect to limita- The gentlewoman from Wyoming Government and expressing the sense tions upon the amount of acreage an (Mrs. CUBIN) believes that giving the of the Congress in mourning this tragic entity may hold within any one State. Secretary of Interior the discretion to loss of the duly elected leadership of This bill would grant discretion to the raise acreage limitations will have a Armenia. Secretary of the Interior to raise the beneficial effect on the industry’s abil- The Clerk read as follows: statutory limitation upon the amount ity to remain competitive. H. CON. RES. 222 of acreage a company may hold on a Congress set forth acreage limits in statewide basis for sodium leases and Whereas on October 27, 1999, several armed the Mineral Leasing Act to ensure that individuals broke into Armenia’s Parliament permits. no single entity held too much of any and assassinated the Prime Minister of Ar- Mr. Speaker, the current limit was single mineral reserve. The lease limi- menia, Vazgen Sargsian, the Chairman of the established by a 1948 amendment to the tation ensures that there is sufficient Armenian Parliament, Karen Demirchian, Mineral Leasing Act and was set at competition while providing an incen- the Deputy Chairman of the Armenian Par- 15,360 acres, a reasonable size at that tive for development of these reserves liament, Yuri Bakhshian, the Minister of Op- time during mining. But, Mr. Speaker, and ensuring a reasonable rate of re- erative Issues, Leonard Petrossian, and other members of the Armenian Government; a modern operation requires a mine- turn to the Federal and State treas- plant complex which may cost well Whereas Armenia is working toward de- uries. mocracy, the rule of law, and a viable free over $300 million to build. We expect any future Secretary of market economy since obtaining its freedom Like other industries today, consoli- the Interior who uses this discre- from Soviet rule in 1991; and dation to achieve higher efficiency is tionary authority to raise acreage lim- Whereas all nations of the world mourn the taking place in this soda ash business. itations for sodium leases to include a loss suffered by Armenia on October 27, 1999: H.R. 3063 before us today would give finding that raising an acreage for a Now, therefore, be it Resolved by the House of Representatives (the the Secretary of the Interior the au- producer would not have a negative ef- thority to raise the now too low acre- Senate concurring), That the Congress— fect on either Federal royalty revenues (1) deplores the slaying of the Prime Min- age limit, after he has, in due course, or competition. determined it would not be anti- ister of Armenia, Vazgen Sargsian, the The Clinton administration testified Chairman of the Armenian Parliament, competitive to do so. Otherwise, Fed- in favor of this bill. We have no objec- Karen Demirchian, the Deputy Chairman of eral lessees may need to surrender tions on passing this under the suspen- the Armenian Parliament, Yuri Bakhshian, mined-out leases before backfilling un- sion of the House rules. the Minister of Operative Issues, Leonard derground voids with tailings currently Petrossian, and other members of the Arme- Mr. Speaker, I reserve the balance of stored on the surface, a method which nian Government struck down in this violent my time. the Bureau of Land Management would attack; like to see remain available. Mr. HANSEN. Mr. Speaker, I have no (2) strongly shares the determination of Also, solution mining of the under- further speakers on this, and I yield the Armenian people that the perpetrators of back the balance of my time. these vile acts will be swiftly brought to jus- ground pillars left in place cannot ´ tice so that Armenia may demonstrate its occur if the leases are returned to the Mr. ROMERO-BARCELO. Mr. Speak- er, I yield such time as he may con- resolute opposition to acts of terror; Government prematurely. From a roy- (3) commends the efforts of the late Prime alty flow viewpoint, it is desirable for sume to the gentleman from Ohio (Mr. Minister and the Armenian Government for our domestic industry to have these TRAFICANT). their commitment to democracy, the rule of options available. Mr. TRAFICANT. Mr. Speaker, I sup- law, and for supporting free market move- The administration testified last port the current bill. ments internationally; and month before the Subcommittee on En- Mr. ROMERO-BARCELO´ . Mr. Speak- (4) continues to cherish the strong friend- ship between Armenia and the United States. ergy and Mineral Resources in support er, I have no further requests for time, of H.R. 3063. and I yield back the balance of my The SPEAKER pro tempore. Pursu- Mr. Speaker, I urge my colleagues to time. ant to the rule, the gentleman from support this legislation. The SPEAKER pro tempore. The New York (Mr. GILMAN) and the gen- Mr. Speaker, I reserve the balance of question is on the motion offered by tleman from New Jersey (Mr. PALLONE) my time. the gentleman from Utah (Mr. HANSEN) each will control 20 minutes. Mr. ROMERO-BARCELO´ . Mr. Speak- that the House suspend the rules and The Chair recognizes the gentleman er, I yield myself such time as I may pass the bill, H.R. 3063. from New York (Mr. GILMAN). consume. The question was taken; and (two- GENERAL LEAVE (Mr. ROMERO-BARCELO´ asked and thirds having voted in favor thereof) Mr. GILMAN. Mr. Speaker, I ask was given permission to revise and ex- the rules were suspended and the bill unanimous consent that all Members tend his remarks.) was passed. may have 5 legislative days within Mr. ROMERO-BARCELO´ . Mr. Speak- A motion to reconsider was laid on which to revise and extend their re- er, H.R. 3063 would amend the Mineral the table. marks on H. Con. Res. 222. Leasing Act to grant the Secretary of The SPEAKER pro tempore. Is there the Interior the discretion to increase f objection to the request of the gen- a number of Federal leases which may tleman from New York? be held by any one producer in a single There was no objection. GENERAL LEAVE State. Mr. GILMAN. Mr. Speaker, I yield The present acreage limitation for Mr. HANSEN. Mr. Speaker, I ask myself such time as I may consume. sodium leases of 15,360 acres has been unanimous consent that all Members (Mr. GILMAN asked and was given in place for 5 decades. The bill would may have 5 legislative days within permission to revise and extend his re- increase the limitation to 30,720 acres which to revise and extend their re- marks.) per producer. marks on H.R. 2862, H.R. 2863, H.R. 2541, Mr. GILMAN. Mr. Speaker, I support The U.S. soda ash producers, four of H.R. 2818, and H.R. 3063. the motion to suspend the rules and which are in Wyoming, are competitive The SPEAKER pro tempore. Is there pass this concurrent resolution, H. with one another for a share of their objection to the request of the gen- Con. Res. 222, introduced by the gen- relatively flat domestic market. They tleman from Utah? tleman from California (Mr. ROGAN), are also faced with strong inter- There was no objection. which is identical to the language of a

VerDate 29-OCT-99 01:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.027 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12011 resolution introduced by a bipartisan special praise and recognition is appro- Prime Minister Sarksian was com- group of Members of the Senate. It is priate for the way Armenia’s president, mitted to the goal of reform, rebuild- hoped that this will have the support of Robert Kocharian, and the entire Ar- ing the Nation after decades of Soviet my colleagues in the House as well. menian government have moved swift- domination. He supported integration The killings that took place in ly to restore stability to the political of Armenia’s economy with the region Yerevan, Armenia, on October 27 were leadership. and the world, and he sought to pro- deplorable. While the perpetrators A special session of Parliament re- mote a society that protects private claimed to be acting on behalf of the cently elected a new speaker and two property with a stable currency and a Armenian people, their means of act- deputy speakers. President Kocharian balanced budget, while providing social ing, the murders of top officials, are appointed Aram Sarksian, the 36-year- protections to its citizens. During his certainly not the way to build a true old brother of the slain prime minister, visit to Washington, he had the oppor- democracy of Armenia or another such to the post of prime minister. The new tunity to meet also with Vice Presi- struggling countries. prime minister is a relative new-comer dent GORE as well as other Members of This resolution properly calls for the to politics, although he has been active Congress. trial of those accused of these murders. in a major veterans’ organization. I wanted to say also, Mr. Speaker, We hope that the process of fair trial As President Kocharian stated during that Speaker Demirchian had been the and judgment can help Armenians bet- a special session of Parliament, ‘‘Our leader of Armenia during Soviet times, ter understand the motive behind these state structure is stable and has proved but in the post-Soviet Armenia had murders. This process should be as to be able to deal with such crisis.’’ emerged as a champion of reform. I had much a part of democracy in Armenia The Parliament’s choices for the new the opportunity to meet with him dur- as it is here. True democracy cannot be leadership posts will help ensure sta- ing a congressional delegation to Ar- created by senseless murders. bility, since they come from the ruling menia that I participated in this sum- Armenia faces serious difficulties, coalition that enjoys a majority under mer with four of my colleagues, and I not just the economic and political dif- the Unity banner. The new Speaker of know the sponsor of this resolution, ficulties that face all the States in the Parliament, Armen Khachadrian, said, the gentleman from California, also former Soviet Union, but the need for a ‘‘All programs that were envisioned had the opportunity to travel to Arme- peaceful resolution of a conflict with will be implemented.’’ nia this summer to meet with the neighboring Azerbaijan that has been Mr. Speaker, the events of 3 weeks Prime Minister and the Speaker. merely suspended by cease-fire for the ago have been a source of shock and I think I can take the liberty of char- past 5 years. sadness for all the friends of Armenia acterizing all of my colleagues as being The murders of top officials in Arme- in this Congress and for all the Amer- as impressed as I was with the new nia certainly did not help that small ican friends of Armenia, including leadership, a sort of triumvirate of nation to resolve their serious prob- more than 1 million Americans of Ar- President Kocharian, Prime Minister lems, but the adoption of this concur- menian descent. But our sadness is Sarksian, and Speaker Demirchian, to rent resolution by the House may be tempered by the knowledge that Arme- represent an extremely strong team helpful by making it clear to the Arme- nia will continue to move forward with poised to lead Armenia into a new era nian people that our Nation continues the political and economic reforms it of economic prosperity and peace. to support democracy and their nation began when it won its independence While I am sure President Kocharian and opposes such acts of terrorism. more than 8 years ago. Mr. Speaker, I fully support the mo- For me and many of my colleagues will work to continue that legacy, he tion to suspend the rules and pass this here, there was a particularly haunting has lost two valuable partners; Arme- concurrent resolution, and I invite my and poignant feeling when we heard of nia and the world have lost fine lead- colleagues to join in support. the death of Prime Minister Sarksian. ers. I also wanted to say, Mr. Speaker, Mr. Speaker, I reserve the balance of The prime minister was our guest in that as elected Members of our Na- my time. this very Capitol building just a few tion’s legislative branch, we are par- Mr. PALLONE. Mr. Speaker, I yield weeks ago, on September 30. More than ticularly horrified that elected rep- myself such time as I may consume. 30 Members of Congress, and many of Mr. Speaker, I rise in strong support our staff, had the opportunity to hear resentatives, our counterparts in Ar- of this resolution. The original version the prime minister give a very strong menia, were attacked while conducting of this legislation was cosponsored by speech in which he stressed his com- the people’s business. Our thoughts and 50 Members of this House from both mitment to continuing with economic prayers are with their families, friends, sides of the aisle, evidence of the wide- reforms while working for a settlement and colleagues; and we hope and pray spread sense of sadness felt by all of us of the Nagorno Karabagh conflict and for the complete recovery of those who over the tragic events in Armenia on greater integration between Armenia were wounded in this deplorable act of Wednesday, October 27. and her neighbors. We also had the op- violence. On that day, Prime Minister Vazgen portunity to chat with the prime min- I also want to take this opportunity Sarksian was assassinated in an attack ister on an informal basis. to commend President Kocharian for by four gunmen who stormed into Par- Vazgen Sarksian had only been prime his decisive leadership during the ac- liament while it was in session of the minister since May of this year, fol- tual crisis, for bringing it to a peaceful Armenian capital of Yerevan. Other lowing nationwide elections for the Na- conclusion with no further bloodshed. lawmakers and government officials tional Assembly. His party was the The effective response of Armenia’s were killed in the attack in the par- Unity Federation. Prior to becoming government, its security forces, help to liament chamber, including the chair- prime minister, he served as defense maintain calm in Yerevan and man of the National Assembly, in ef- minister from 1995 to 1999. throughout the Nation. Given the po- fect the Speaker of Parliament, Karen tentially destabilizing nature of this b Demirchian. 1300 attack, it was imperative for the gov- While we mourn the loss of all of And like many political figures in ernment to assure the Armenian people these dedicated public servants, I want Armenia, his involvement in politics and the rest of the world that this iso- to stress, Mr. Speaker, that democracy began in 1988 as the Soviet Union was lated act of violence did not represent in Armenia is strong. The commitment collapsing. That year he joined the Na- a fundamental threat to Armenia’s de- on the part of Armenia’s elected gov- tional Liberation Movement for the mocracy. ernment leaders and the vast majority Independence of Armenia and Constitu- Mr. Speaker, this is an important of Armenia’s people to democracy, to tional Self-Determination of Nagorno week for Armenia and the surrounding the orderly transfer of power, to peace Karabagh. Also, like many of the polit- region. Later this week, in Istanbul, and stability within Armenia and in ical leaders of today’s Armenia, Prime Turkey, President Clinton will join the region, all remain as strong as Minister Sarksian was quite young. He with a number of other heads of state ever. was only 40 years old, and had an ex- and government for the annual summit Clearly, Armenia is still reeling from tremely bright future ahead of him as of the Organization for Security and the shock of recent events. But I think the leader of his country. Cooperation in Europe. The President

VerDate 29-OCT-99 01:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.030 pfrm02 PsN: H16PT1 H12012 CONGRESSIONAL RECORD — HOUSE November 16, 1999 will meet with both President nia’s Prime Minister and Speaker and vile acts must be brought swiftly to Kocharian and the President of Arme- mourning their loss, along with other justice. Our resolution also commends nia’s neighbor, President Aliyev. A members of the democratically-elected the efforts of the late prime minister group of us in the House are currently Armenian government. Armenians and the Armenian government for their circulating a letter to President Clin- have suffered for many years not only deep commitment to democracy, to the ton urging that these meetings be an from the Turkish genocide, but perse- rule of law, and to their support of free opportunity for the U.S. to strengthen cution throughout this world. This sad market reforms. our ongoing effort to conclude the incident was a setback in what has As a result of the late prime min- Nagorno Karabagh peace process as been an increasingly stable role to- ister’s leadership, Mr. Speaker, Arme- well as to enhance opportunities for re- wards stability in Armenia. nia is considered today one of the most gional cooperation. My good friend from Fort Wayne, politically stable countries in the re- In addition, we are strongly encour- Zorhab Tazian, had just had the oppor- gion and one of the most market ori- aging President Clinton to extend tunity to join the victims in Armenia ented. Armenia has approved the most President Kocharian an official invita- to discuss the current political situa- liberal trade legislation among the tion to Washington. While his counter- tion. Zorhab’s clear impression at that newly independent states of the former parts in Azerbaijan and Georgia have meeting was that all the participants Soviet Union. Unfortunately, Arme- paid official visits to the U.S. in the shared increasing optimism that the nia’s economic development has been past, President Kocharian has not had government would continue its suc- severely impeded by the protracted the same opportunity; and we believe cesses in expanding the Armenian de- conflict over Nagorno-Karabagh, the that such a visit will further strength- mocracy and developing a healthy Armenian populated autonomous en- en the U.S.-Armenia relationship and economy. It is a tragedy that their clave in neighboring Azerbaijan. is long overdue. leadership was cut short in such an un- The war has taken a heavy toll on Finally, Mr. Speaker, the fact that timely and ugly way. both sides of the conflict, Mr. Speaker, the upcoming summit is taking place Our best memorial to the victims of but in recent months there has been in Turkey, Armenia’s neighbor to the the Armenian violence is to help con- some movement on the possible settle- west, is particularly significant. Turk- tinue their work. We cannot and will ment of this conflict. All of us in this ish-Armenian relations have been dif- not allow acts of political violence to body earnestly hope that progress will ficult for, among other reasons, the deter us from our support to the course continue despite these horrible assas- hostile blockade that Turkey still of freedom and the opportunity that sinations. maintains against Armenia. There has so promisingly begun in Armenia. I Mr. Speaker, the brother of Arme- have been, however, some potentially commend President Kocharian’s strong nia’s late prime minister has been se- hopeful signs of a trend towards better response to this incident and swift ef- lected to replace him, and I want the relations. This summer when I traveled forts to ensure the stability of Arme- new prime minister to know that the to Armenia with a bipartisan group of nia’s government. United States stands ready to continue my colleagues, we saw firsthand evi- I hope my colleagues will continue to to assist Armenia as it develops its dence of moves towards a new cross- support the causes of democracy, sta- economy and attempts to bring peace border relationship between the Arme- bility, and a free market economy in and stability to the region. nian city of Gyumri and the Turkish Armenia. We can do so through sup- Now, these recent assassinations in city of Kars. Also, I was very encour- porting economic assistance to pro- Armenia have been particularly dif- aged to see that Turkey sent a delega- mote privatization and tax reform, cap- ficult on our fellow citizens of Arme- tion to Prime Minister Sarksian’s fu- ital market development, legal reform, nian-American ancestry. Armenian- neral last month. I encourage Presi- and other steps critical to continuing Americans must know that the United dent Clinton to use the considerable progress on advancing the Armenia States Congress is not only following U.S. clout with Turkey to urge that economy. We can also continue to help developments closely, but we will re- country to improve its relation with Armenia by supporting it on the issue main actively engaged in helping the Armenia and also to persuade Turkey of Nagorno Karabagh, including our people of Armenia to achieve the peace to use its influence with Azerbaijan to vigilance over providing American aid and prosperity they have fought for for promote increased cooperation with to Azerbaijan in light of its continued so long and that they so richly deserve. Armenia. blockades. Mr. Speaker, I reserve the balance of Despite our grief, we want to take Although it is a sad and difficult my time. this opportunity to emphasize our be- time in Armenia, we should also view Mr. CAMPBELL. Mr. Speaker, I yield lief in Armenia’s commitment to de- it as a time of continued optimism for 3 minutes to the gentleman from Cali- mocracy, economic reform, peace, and the great potential that lies in Arme- fornia (Mr. ROGAN). stability within Armenia and through- nia’s future. We should let nothing Mr. ROGAN. Mr. Speaker, I thank out the region. We take this oppor- deter us in our continued progress to- the gentleman for yielding me this tunity to reiterate our full confidence gether towards peace and freedom, and time. that this commitment is deeply held by I am confident Armenia’s great people Mr. Speaker, it is with a great heavi- the government and by the majority of will continue to move ahead in build- ness in my heart that I rise and ask my the Armenia people. Armenia has been ing a great nation. There can be no colleagues to join me in supporting cruelly deprived of gifted politicians more or better fitting tribute to the House Concurrent Resolution 222, hon- and statesmen who were leading it into fallen Armenian heroes. oring the victims of the recent ter- a new millennium. While we mourn Mr. LANTOS. Mr. Speaker, I yield rorist attack in Yerevan, the capital of their loss, we encourage President myself such time as I may consume, Armenia. Kocharian to redouble their efforts to and I rise in strong support of this res- Armenian Prime Minister Vazgen keep Armenia free and strong. And as olution. Sarksian, Chairman of the Armenian Members of the U.S. Congress, we A few weeks ago, the Armenia people Parliament Karen Demirchian, Deputy stand ready to assist in any way that suffered a tragic loss. A group of armed Chairman of the Armenian Parliament we can. terrorists broke into Armenia’s par- Yuri Bakhshian, Deputy Speaker of Mr. CAMPBELL. Mr. Speaker, I yield liament and assassinated eight polit- Parliament Rouben Miroyan, Minister 2 minutes to the gentleman from Indi- ical leaders, including Armenia’s prime of Operative Issues Leonard Petrossian, ana (Mr. SOUDER). minister. These political leaders were and Members of the Armenian Par- (Mr. SOUDER asked and was given killed in the midst of exercising their liament Mikael Kotanyan, Henrik permission to revise and extend his re- duty as elected political representa- Abrahamyan and Armenak marks.) tives. Armenakyan were murdered by terror- Mr. SOUDER. Mr. Speaker, I rise as a This resolution before the House ists in the parliament building in member of the Armenia Caucus in today deplores these outrageous assas- Yerevan. strong support of this resolution con- sinations and expresses the sense of the I came to know the late Prime Min- demning the violence against Arme- House that the perpetrators of these ister during my recent trip to Armenia

VerDate 29-OCT-99 01:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.032 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12013 and Nagorno Karabagh, which was or- will not be deterred towards estab- chael Kutanian, were killed when gunmen ganized by the Armenian Assembly. I lishing itself as a strong democracy burst into the Parliament Chamber in Yerevan, again met with the Prime Minister and a strong ally of our great country. Armenia. here in Washington just three weeks I say this primarily because and out The purported leader of the gunmen before his death. He and his slain col- of recognition of my own grandfather’s claimed they were targeting Sargsee-ehn and leagues were moving their country for- history and his past. My grandfather were launching a coup to quoteÐunquote ``re- ward by dealing with economic reform, came to this country, Mr. Speaker, be- store democracy'' and end poverty. Mr. the rule of law, seeking a resolution of fore World War I and returned to his Speaker, I fail to see how assassinating and the Nagorno Karabagh conflict, and re- homeland to fight against tyranny and holding hostage members of a democratically gional cooperation. fascism, earning two Russian medals of elected government will accomplish that goal. Armenia has taken great strides honor. He came back to this country I have met Prime Minister Sarksyan personally since gaining independence over eight and made a life for his family and for and have witnessed first-hand his commitment years ago. Then Armenia was a captive us. to a peaceful, economically successful, demo- nation, struggling to preserve its cen- I know the Armenian spirit is strong; cratic Armenia. I am shocked and saddened turies-old traditions and customs. and I know that, with our proper sup- by this terrible act of violence. My thoughts Today, the Republic of Armenia is an port, as this resolution will provide, and prayers are with the people of Armenia independent, freedom-loving nation Armenia will prevail. and with the families and friends of those who and a friend to the United States and And I like most others demand that the men were killed. This deplorable attack, however, to the democratic world. who committed these vile acts be brought to must not deter Armenia and the United States As evidence of this progress, commu- justice. I was appalled to see this horror take from pursuing our mutual goals of democracy, nities throughout Armenia recently place in my own grandfather's homeland. The open markets, and peace in the Southern held local elections that were deemed assassination of Prime Minister Vazgen Caucasus. We cannot allow the very small mi- free and fair by the European Commu- Sarksian, as well as several other duly-elected nority of individuals who oppose the peace nity. This signaled to the world the ac- officials is a tragedy beyond words. As Arme- process to thwart the valiant efforts made by complishments of Prime Minister nia moves forward with its strong commitment all parties involved. Significant progress has Sarkisian and his slain colleagues. It to the ideals of democracy, after a history been made in recent months in Armenia's also signaled that the future of Arme- filled with so much tragedy, these incompre- transition from a socialist republic to a demo- nia, even after the loss of these men, is hensible acts of terror might seem to make it cratic, free-market country. Free and fair local a bright one that bodes well for the ad- more difficult to move toward self rule but I elections were held in Armenia earlier during vancement of democracy. As a testa- currently believe that it will not deter the Arme- the week of the attack. In addition, recent ment to Prime Minister Sarkisian and nian spirit. Armenia has shown itself to be a meetings between Armenian President the other slain officials’ patriotism and valued ally of the United States, and of the Kocharian and Azerbaijan's President Aliyev leadership, well over 100,000 Armenians world. Further, this tragic loss comes at a time have produced positive signs in negotiations paid their respects when they were laid when we should be praising Armenia's over the Nagorno-Karabagh peace process. to rest. strength and determination in working toward At this difficult time we must remain focused On a more personal note, the loss of democracy, the rule of law, and a viable free on supporting the people of Armenia and the these Armenian martyrs has deeply af- market economy since obtaining its freedom Armenian government. Now we must reaffirm fected my district, which is home to from Soviet rule in 1991. Not only would I like our commitment to assist Armenia in its con- nearly 100,000 Armenian-Americans. As to express my most deep and heartfelt sym- tinued progress toward a proud, democratic Armenia now turns toward the task of pathies to the people of Armenia, but I would nation. rebuilding its government, I trust the like to commend them for continuing the drive Mr. SMITH of New Jersey. Mr. Speaker, I Congress will join me in expressing toward democracy, even in the face of great rise in support of H. Con. Res. 222, con- continued friendship with Armenia and adversity. demning the assassination of Armenian Prime with Nagorno Karabagh. I am proud to share a common heritage with Minister Vazgen Sargsian and other Armenian Additionally, we must express our the Armenian people. My own grandfather was Government officials. A total of nine people support for a just and speedy resolu- a native Armenian, raised in a land ravaged were killedÐin addition to the Prime Minister, tion to the Nagorno Karabagh conflict, by hate, and a witness to the genocide of his Speaker of Parliament Karen Demirchian was and that all economic blockades in the people. The experiences of his childhood shot, as were two deputy speakers of par- region will be speedily lifted so that fueled his desire for freedom for his homeland liament. Indeed, it seemed as if much of Ar- prosperity and peace will be enjoyed by in the First World War, so he returned there, menia's political elite, except for President all. where he was awarded two Russian Medals of Robert Kocharian, had been removed in one In honor of the great sacrifice made Honor for his bravery in the fight against fas- surreal afternoon. The horrifying events of Oc- by Armenia’s leaders, and in recogni- cism. tober 27 were all the more shocking consid- tion of their commitment to pursuing Mr. Speaker, my grandfather is a singular ering that Armenia appeared to have estab- democracy, I ask my colleagues to join example of the esprit de corps that lies deep lished a framework for political stability and ef- me in supporting this important reso- in the heart of every Armenian. This deter- ficient government. After the May 1999 par- lution. mination to be free continues today and was liamentary elections, President Kocharian, Mr. GILMAN. Mr. Speaker, I yield clearly shown through the life's work of the Prime Minister Sargsian and Speaker such time as he may consume to the late Prime Minister Sarksian. I share in the Ar- Demirchian constituted the legs of a troika gentleman from New York (Mr. menian people's loss of a great leader, but uniting the three most influential politicians in SWEENEY). take comfort in knowing that they shall over- Armenia. They had practically reached agree- Mr. SWEENEY. Mr. Speaker, I want come this loss and move toward greater ment on the budget, one of the most pressing to thank the gentleman from Cali- things, as they have so many times before. problems facing Armenia. Perhaps most im- fornia (Mr. ROGAN) for introducing this Mr. KNOLLENBERG. Mr. Speaker, I rise portant, President Kocharian apparently had resolution condemning the assassina- today in strong support of this resolution and the support of his Prime Minister and Speaker tion of Vazgen Sarksian. join my colleagues in condemning the assas- of Parliament, as well as other Armenian polit- I, being one of only two Members of sination of Armenian Prime Minister Sargsian ical leaders, in his bilateral negotiations on the House and Senate of Armenian de- and other officials of the Armenian Govern- Nagorno-Karabakh with Azerbaijani President scent, feel compelled to come to the ment, and I appreciate the opportunity to ex- Heydar Aliev. Those talks, which began this floor today and voice my support very press my sorrow at the loss of the duly elect- spring, have been the most promising devel- strongly for this resolution. ed leadership of Armenia. On October 27th of opment in the long road to resolving the con- There has been a lot of comment and this year, Armenian Prime Minister Vazgen flict. In short, there was reason for cautious discussion about this resolution and Sargsian, his ally, Parliamentary Speaker optimism on any number of fronts in the South about the horror of this unprecedented Karen Demirchyan, Deputy Parliamentary Caucasus. attack. Speakers Yuri Bakhshyan and Ruben Miroian, Alas, the murder of the Prime Minister, the Let me just say this: knowing the Ar- Operative Issues Minister Leonard Petrossian, Speaker and others has set back the talks on menian spirit as I do, I believe Armenia and other members of the Armenian Govern- Nagorno-Karabakh. Judging by public state- is going to continue to move forward, ment, including a senior economic official, Mi- ments in Baku and Yerevan last week, instead

VerDate 29-OCT-99 01:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.058 pfrm02 PsN: H16PT1 H12014 CONGRESSIONAL RECORD — HOUSE November 16, 1999 of an agreement, which many had been hop- for the losses that gave rise to this legislation earlier this year. During this trip I had the op- ing for, only a general statement of principles and the tragedy it decries. portunity to meet with Prime Minister Sargsian might be signed this week at the OSCE Sum- On October 27th, a small group of terrorists and Chairman Demirchyan and was very im- mit in Istanbul. But, Mr. Speaker, I trust that stormed the Armenian Parliament building pressed by their dedication to the well-being of despite the tragedy of October 27, Presidents murdering the Prime Minister, the Speaker of the country and its people. They repeatedly Kocharian and Aliev will continue their efforts the Parliament, and seven other members of articulated their deep sense of commitment to to find a solution to this knottiest of problems. the Armenian government. bringing peace and prosperity to the region. There is some consolation, at this time of This bill condemns their assassinations and Their loss will be acutely feltÐand even more sober reflection and mourning, in that these expresses the sense of the Congress in so because of the real strides that have been two leaders obviously understand that peace mourning the tragic loss of the duly elected made to establish an open and democratic Ar- is in the best interest of their peoples. leadership of Armenia. menia and in seeking a meaningful and lasting Mr. Speaker, the perpetrators are in custody The loss and bloodshed is tragic but Arme- peace with Nagorno-Karabakh and Azerbaijan. and the investigation into the events of Octo- nia's government and its people have not and Prime Minister Sarksian addressed the peo- ber 27 continues. Many questions remain un- will not allow this event to destabilize the ple of Armenia in late July, shortly before our answered about their motives and the possible country. Their remarkable spirit continues in Congressional delegation arrived in Yerevan. involvement of other conspirators. In the last Armenia, showing the worldwide community of During this television broadcast he articulated week, Armenian authorities have arrested sev- their dedication to democracy, to the rule of the window of opportunity that Armenia had eral more people, including a member of par- law, and to the importance of peace. for the peace process as well as the opportu- liament. It is imperative to get to the bottom of After separating from the Soviet Union in nities to increase international trade. He also this matter, and the United States should offer 1989, many wondered if the newly established squarely addressed the problem of corruption, any assistance Yerevan may request to accel- nation would be able to survive. the need to prevent it and his vision for trans- erate and facilitate the inquiry. It is important The Republic of Armenia has not only done parency and openness in the government. He to show the Armenian public, Armenia's neigh- that, but has also built a democratic nation for received tremendous applause because it was bors, and all the world that despite the tragedy its people during unsettled and difficult times. indeed a very courageous and heartfelt of October 27, Armenia is a stable countryÐ Prime Minister Sargsian has fought for re- speech. He will be greatly missed. able and willing to address its problems, to forms to bring Armenia into the next century Mr. Speaker, when speaking of courage, pursue peace with its neighbors and to take its with a market economy and strong democratic President Kocharian must also be commended rightful place in the international community. traditions. This will not end with the tragedy for his decisive leadership in responding to Mr. PORTER. Mr. Speaker, I rise in strong that occurred. this tragedy and in bringing it to a conclusion support of this resolution. The tragedy that oc- The efforts of President Kocharian are to be without further loss of life. curred in Yerevan on October 27th was de- applauded to bring the recent tragedy to a Regrettably, it seems that acts of violence plorable. It has become clear that the gunmen peaceful resolution as he leads Armenia for- are becoming all too common. However, may involved in this incident were acting alone and ward during this arduous time. the deeds of these brave men who lost their not part of a larger group. President Let us reaffirm America's strong support for lives far overshadow this senseless act. Kocharian's personal intervention in ending and renew our commitment to Armenia by This tragedy must not be permitted to deter the stand-off with the gunmen and containing supporting H. Con. Res. 222 today. Armenia's resolve and commitment to democ- the potential repercussions of this event were Mr. MCKEON. Mr. Speaker, I rise today to racy, the rule of law, economic reform, peace very admirable. I encourage him to remain honor the victims of the terrorist attack in and stability. strong and continue to rebuild the leadership Yerevan last month. Like many of my col- Mr. Speaker, I urge support for this resolu- of the government and bring stability back to leagues, I was shocked and deeply saddened tion. Armenia. by the fatal shootings in the Armenian Par- Ms. STABENOW. Mr. Speaker, I rise today Armenia has made important progress on liament. to express my support for H. Con. Res. 222. many domestic and foreign policy fronts, and For this reason, I rise in support of H. Con. This important resolution deplores the slayings this tragedy should not hamper the continu- Res. 222 to denounce the terrorist attack and of the Prime Minister of Armenia, Vazgen ation of these developments. To be sure that express our sympathies in mourning this dev- Sargsian; the chairman of the Armenian Par- progress in Armenia continues, it is critical that astating loss of the leadership in the Armenian liament, Karen Demirchian; the deputy chair- the U.S. continue to strongly support President government. man of the Armenian Parliament, Yuri Kocharian, his government and the people of When a tragedy as horrific as this one oc- Bakhshian; the minister of operative issues, Armenia. curs, it is important to extend our support for Leonard Petrossian; and other members of the I extend my condolences to the families, the families of the victims as well as the peo- Armenian government struck down in a violent friends and colleagues of those that were ple and leaders of Armenia. We must encour- attack on Parliament on October 27, 1999. slain. To properly honor these individuals, it is age them to follow the beliefs and ideals prac- This important resolution demonstrates to imperative that Armenia not waiver in the poli- ticed by those who were victims of this trag- our friends in Armenia that we support them in cies it is pursing. None is more important than edy. this time of great tragedy for their nation. the resolution of the Nagorno-Karabagh Since its independence over eight years While condemning these violent acts, this res- conflict. ago, Armenia has struggled to promote de- olution also shares the determination of the I have followed very closely the Nagorno- mocracy for its people. These important Armenian people that the perpetrators of these Karabagh conflict. For the first time in many strides must not be forgotten during this time acts be swiftly brought to justice. The bill also years, significant progress is in the making. of mourning and great loss. It is my hope that commends the efforts of the late prime min- President Kocharian and his Cabinet officials the people of Armenia will continue build upon ister and the Armenian government for their have spent many hours with their counterparts the principles of freedom they have worked so commitment to democracy. in Azebaijan developing the terms for an hard to achieve. Mr. Speaker, I am proud to be a cosponsor agreement. I am hopeful that they are con- For this reason, I commend my colleague of H. Con. Res. 216, the initial legislation tinuing their work and will have some resolu- and friend from California (Representative which H. Con. Res. 222 is based upon. I want tion to present at the OSCE Summit that is JAMES ROGAN) for introducing this resolution to to express my support for this resolution and scheduled to begin in Istabul next week. Presi- condemn the attack and commend the leaders urge the adoption of this important measure. dent Kocharian should not let this progress be of Armenia for their commitment to democ- Mr. LANTOS. Mr. Speaker, we have sidelined by the tragedy in Parliament. Peace racy. no further requests for time, and I in Nagorno-Karabagh is imperative for long I urge all of my colleagues to support this yield back the balance of my time. term prosperity in the region and there is a resolution. Mr. CAMPBELL. Mr. Speaker, we real opportunity for such a resolution. Mrs. MORELLA. Mr. Speaker I rise in strong have no further requests for time, and I will continue to strongly support President support of H. Con. Res. 222 condemning the I yield back the balance of my time. Kocharian, his government and the people of assassination of Armenian Prime Minister The SPEAKER pro tempore (Mr. Armenia as they struggle to cope with the Sargsian, the Chairman of the Armenian Par- BALLENGER). The question is on the deaths of their elected officials. I encourage all liament, Karen Demirchian and other Govern- motion offered by the gentleman from of my colleagues in Congress to do the same. ment officials and Members of Parliament. New York (Mr. GILMAN) that the House Ms. ESHOO. Mr. Speaker, I rise today in Mr. Speaker, I had the honor of leading a suspend the rules and agree to the con- support of H. Con. Res. 222 with great sorrow Congressional delegation to the caucus region current resolution, H. Con. Res. 222.

VerDate 29-OCT-99 01:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.070 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12015 The question was taken. the remarkable achievements of the riod of a month, by mobilizing civil Mr. LANTOS. Mr. Speaker, on that I largest democracy in the world, to rec- servants, students, and other volun- demand the yeas and nays. ognize the recent election in India and teers to ensure that the elections are The yeas and nays were ordered. the importance of ending the remain- fair, professional, and accurate. The SPEAKER pro tempore. Pursu- ing sanctions of an economic nature Often, Mr. Speaker, when we talk ant to clause 8 of rule XX and the that were imposed so that relations about the Subcontinent, we imme- Chair’s prior announcement, further with India can continue to improve for diately focus on the relationship be- proceedings on this motion will be the benefit of our country. tween India and Pakistan; and this is postponed. Mr. Speaker, I yield such time as he not an inappropriate moment to focus f may consume to the gentleman from on that relationship. b 1315 Nebraska (Mr. BEREUTER), the sub- While India undertook this monu- committee chairman. mental free and democratic election, EXPRESSING SUPPORT OF CON- (Mr. BEREUTER asked and was there was a military coup in Pakistan GRESS FOR RECENT ELECTIONS given permission to revise and extend where the democratically elected gov- IN REPUBLIC OF INDIA his remarks.) ernment was thrown out of office and Mr. CAMPBELL. Mr. Speaker, I Mr. BEREUTER. Mr. Speaker, I its leaders imprisoned. move to suspend the rules and agree to thank the gentleman for yielding me I think it is important for all of us, the concurrent resolution (H. Con. Res. the time. Members of Congress and presidential 211) expressing the strong support of Mr. Speaker, H. Con. Res. 211 was candidates, to understand that a mili- the Congress for the recently concluded considered by the Subcommittee on tary coup is not something that should elections in the Republic of India and Asia and the Pacific on October 27 and be applauded by the American people urging the President to travel to India. was unanimously approved. It is intro- or Members of our Congress or any po- The Clerk read as follows: duced by the gentleman from New litical figure. CKERMAN H. CON. RES. 211 York (Mr. A ), the gentleman One of the most important relation- Whereas the Republic of India is a long- from New York (Chairman GILMAN), ships we have is the relationship with standing parliamentary democracy where and others. the world’s largest political democ- citizens may freely change their govern- The resolution rightly congratulates racy, India. ment; the people of India on a successful elec- For a long time, Mr. Speaker, people Whereas India has a thriving multiparty tion where over 350 million voters cast were making comparisons between system where a broad spectrum of political their ballots. China and India, pointing out how ef- views are represented; The reelection of Prime Minister fective China’s leadership has been in Whereas India recently conducted a suc- Vajpayee reflects a vibrant multiparty cessful round of elections, involving over bringing economic progress, even system where parties with strongly dif- 650,000,000 registered voters and resulting in though they maintain their police fering views can compete in a way that a 60 percent voter turnout and re-election of state and their dictatorship. is uniquely Indian. We certainly wish Prime Minister Atal Bihari Vajpayee; In recent years, we have come to see Whereas India and the United States share the BJP party and its ruling coalition with great pleasure that India was not a special relationship as the world’s most well as it prepares to continue to lead only able to maintain its political de- populous democracy and the world’s oldest the country. democracy, respectively, and have a shared The resolution rightly alludes to the mocracy but was able to make tremen- commitment to upholding the will of the strategic relationship between the dous strides in the economic field. people and the rule of law; The resolution before us today com- Whereas the President has expressed his United States of America and India. We certainly have such a strategic rela- mends the Indians on their recent elec- continued desire to travel to South Asia; and tions, congratulates Prime Minister Whereas India continues to be a shining ex- tionship with India, just as we have a ample of democracy for all of Asia to follow: strategic relationship with many other Vajpayee on his reelection, and calls on Now, therefore, be it countries in the region. our President to visit India as part of Resolved by the House of Representatives (the I urge adoption of the resolution. his scheduled South Asia trip and urges Senate concurring), That the Congress— Mr. CAMPBELL. Mr. Speaker, I re- the President to further broaden and (1) congratulates the people of the Repub- serve the balance of my time. strengthen our relations with our fel- lic of India on the successful conclusion of Mr. LANTOS. Mr. Speaker, I yield low democracy, India. their recent national elections; myself such time as I may consume, I urge my colleagues to support H. (2) congratulates Prime Minister Atal Con. Res. 211. Bihari Vajpayee on his re-election; and I rise in strong support of this res- (3) calls on the President to travel to India olution. Mr. Speaker, I reserve the balance of as part of any trip to South Asia; and Mr. Speaker, first I want to commend my time. (4) urges the President to broaden our spe- my distinguished colleague, the gen- Mr. LANTOS. Mr. Speaker, I am de- cial relationship with India into a strategic tleman from New York (Mr. ACKER- lighted to yield such time as he may partnership. MAN), for introducing this resolution, consume to the gentleman from Con- The SPEAKER pro tempore (Mr. as well as my colleagues on the other necticut (Mr. GEJDENSON), the distin- BALLENGER). Pursuant to the rule, the side, the gentleman from New York guished ranking member of the Com- gentleman from California (Mr. CAMP- (Mr. GILMAN), the chairman of the com- mittee on International Relations. BELL) and the gentleman from Cali- mittee; the gentleman from Nebraska Mr. GEJDENSON. Mr. Speaker, I fornia (Mr. LANTOS) each will control (Mr. BEREUTER), the chairman of the want to join my colleagues, particu- 20 minutes. subcommittee on Asia and the Pacific; larly the gentleman from California The Chair recognizes the gentleman and my good friend, the gentleman (Mr. LANTOS), in his articulate support from California (Mr. CAMPBELL). from California (Mr. CAMPBELL). for the resolution commending India GENERAL LEAVE I also want to commend the gen- on its election. Mr. CAMPBELL. Mr. Speaker, I ask tleman from Connecticut (Mr. GEJDEN- India stands in stark contrast to al- unanimous consent that all Members SON), the ranking Democrat on the most all of its neighbors from Burma may have 5 legislative days within committee, for his efforts in bringing and over to China, obviously, and the which to revise and extend their re- this legislation before the body. very sad situation recently with the marks on H. Con. Res. 211. Our resolution, Mr. Speaker, ex- coup in Pakistan. The SPEAKER pro tempore (Mr. presses our strong support and admira- What we see is India, which is among BALLENGER). Is there objection to the tion for the recently concluded elec- the poorer countries in the world, hav- request of the gentleman from Cali- tions in India. It is not easy to have a ing an incredibly vibrant democracy. fornia? society with over 650 million registered Oftentimes we think there is a certain There was no objection. voters, many of them living in condi- fundamental level of economic Mr. CAMPBELL. Mr. Speaker, I yield tions of dire poverty, to undertake this strength before countries can have myself such time as I may consume for monumental democratic effort. But the democratic institutions. India con- just a brief comment on the impor- Indian government got the job done by tinues to build its democratic institu- tance of this resolution to recognize stretching the elections out over a pe- tions, its economic reform package will

VerDate 29-OCT-99 02:25 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.036 pfrm02 PsN: H16PT1 H12016 CONGRESSIONAL RECORD — HOUSE November 16, 1999 help, but it has sustained a democratic Congress have been working to see that quit lavishing all their attention on government for over 50 years and does U.S. policy changes to deal with this the People’s Republic of China and stand in stark contrast to many of the new India. start working with our sister democ- countries in its regions. As this resolution states, the Presi- racy in India to bring stability to I am frustrated that we are not going dent should travel to India. This trip South and to East Asia. to be apparently able to bring forward would be most welcomed and would go Before closing, Mr. Speaker, I would the resolution on Pakistan because I a long way towards ringing in a new like to note last week when the Com- think it is important for this Congress era of U.S.-India relations. mittee on International Relations to speak clearly about the importance One thing that has not changed is In- unanimously approved this resolution, of democratic institutions. India and dia’s commitment to democracy. This we also overwhelmingly approved a res- the United States have a strong rela- resolution congratulates the people of olution condemning the military coup tionship that is going to continue to India on a successful conclusion of in Pakistan and calling for the imme- grow. their recent national elections. These diate restoration of democratic rule in As the gentleman from California were elections, as we have heard, that that country. The Republican leader- pointed out, some people in obviously a involved 650 million people. Indians are ship deliberately prevented this resolu- misguided assessment have felt that proud, and rightfully so, that theirs is tion from coming to the floor which somehow a coup in Pakistan would the world’s largest democracy. sends the wrong message to would-be bring stability. Pakistan has already India, of course, faces many chal- dictators around the world, whether had its coups and more than its share lenges ahead. Poverty and pockets of they are in Nigeria or Pakistan or of coups, and one lasted almost a dozen religious extremism exist. Economic North Korea. Instead, we need to sup- years. It did not lead to an improved reform must be accelerated, and India port and encourage the development of and perfect democracy. confronts grave security threats. democratic institutions. While I urge The only way to improve democracy The United States needs to be part of my colleagues to support this resolu- and perfect it is the same way we do it the solution of these challenges. India tion, I hope the Republican leadership will condemn the ouster of Pakistan’s here in the United States, the same is too important a country for the elected government by yet another way that India does it, to improve its United States to ignore. We have a di- institutions, its court systems, to military dictatorship. rect stake in India’s security and in its Mr. GILMAN. Mr. Speaker, I am make the government process more prosperity, and this resolution is a way pleased to yield 2 minutes to the gen- transparent, and to build confidence in of bringing attention to the many in- tleman from California (Mr. ROHR- its citizenry. terests the United States shares with ABACHER), a member of the Committee So I am thrilled to be here with my India. I urge all of my colleagues to on International Relations. colleagues today recognizing India’s support it. Mr. ROHRABACHER. Mr. Speaker, I achievement in an area of the world Mr. Speaker, I thank the gentleman rise in strong support of this resolution where very few others have had demo- from Nebraska (Mr. BEREUTER), the commending India for having yet an- cratic institutions, but also to note my chairman of the subcommittee, for other free election which again under- objection to the fact that this House is bringing this forward. scores India’s commitment to democ- apparently thwarting the will of the Mr. LANTOS. Mr. Speaker, I am de- racy. Over the last four decades, how- Members of the Committee on Inter- lighted to yield 2 minutes to my friend ever, let us recognize that India has national Relations in the failure to and colleague, the gentleman from not, and I repeat, not been a friend of bring forward the resolution recog- Ohio (Mr. BROWN), who has been one of the United States. During the Cold nizing the damage that the coup in the most effective members of the War, India consistently voted against Pakistan will do to democratic institu- Committee on International Relations. the United States, consistently con- tions in Pakistan. Mr. BROWN of Ohio. Mr. Speaker, I demned everything that they could The SPEAKER pro tempore. Without thank my colleague for yielding me the about the things we were doing while objection, the gentleman from New time. overlooking misdeeds of the Soviet York (Mr. GILMAN) will control the Mr. Speaker, I rise in strong support Union. time for the majority. of this resolution because it does ex- They were, in fact, a friend of Russia There was no objection. actly what we should be doing here in and the Soviet Union and not a friend Mr. GILMAN. Mr. Speaker, I am Congress. We should be encouraging of the United States. However, with pleased to yield such time as he may and supporting nations that have made that said, the Cold War is over and In- consume to the gentleman from Cali- the choice to become democracies. dia’s commitment to democracy, as fornia (Mr. ROYCE), the distinguished That is something we do not do demonstrated by this free election, I chairman of our subcommittee. enough here in Washington. I think we think should bring the United States Mr. ROYCE. Mr. Speaker, I thank the need to start rewarding countries like and India closer together in the future. gentleman for yielding me the time. India and Taiwan that give their people Yes, we should forget any disagree- Mr. Speaker, let me just say that the right to live under the rule of law. ments we had in the past and work on this resolution brings a very needed Last month, India had an election those things that bind us together with focus on what should be one of our that saw over 350 million people choose this great, huge democracy. I agree most important bilateral relations, and to show up at the polls to select a new with the gentleman from Ohio (Mr. that is our relationship with the Re- government, easily the largest election BROWN). Our businessmen and people of public of India. in world history. the United States should look to India, For many years during the Cold War, b 1330 this democracy, in terms of investment relations between India and the United and in terms of trying to work to- States were cool, at best. We had ten- Think about that. A country of near- gether economically and politically sions. We had political and economic ly 1 billion people with a middle class rather than with the world’s worst and security tensions at the time. of 300 million, with more Muslims than human rights abuser in China. Thankfully, those relations have any other country in the world except And so I rise in support of this reso- changed. They have changed because, for Indonesia. A country that just 50 lution and hope it draws attention of in part, India has changed. Economic years ago was still a colony of England the American people to the great op- reform has allowed the Indian people to and before that had been ruled by the portunities that India has to offer now. begin to realize their very considerable same feudal system for thousands of Let me just say that with the Cold War economic potential. And India’s foreign years. It is pretty clear that if this being over and with us dealing now policy is now free of Cold War shackles. country of one billion people can over- with a democracy that has reached its As a matter of fact, on the economic come its problems and elect a govern- hand out as we are trying to reach our front, Prime Minister Vajpayee has ment that serves the people’s needs, hand out in friendship to India, let us called for considerable economic re- then our State Department, our U.S. also recognize that we share a common forms this week, and we look forward Trade Representative’s Office and the threat and it is a threat to world peace to working with India. Many of us in Republicans in this Congress should as well.

VerDate 29-OCT-99 01:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.041 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12017 The aggressiveness of Communist gress and the President acted to waive Mr. Speaker, I reserve the balance of China is nowhere more felt than in the these sanctions for 1 year. Last month, my time. subcontinent in India. If we are to pre- under the renewed waiver authority, Mr. LANTOS. Mr. Speaker, I am very serve the peace in the world, let us rec- President Clinton waived the economic pleased to yield 2 minutes to the dis- ognize that while India is moving for- sanctions on India but kept most of the tinguished gentleman from Minnesota ward with democracy, Communist sanctions against Pakistan in response (Mr. MINGE). China is not, and the expansion of to the coup. The White House National Mr. MINGE. Mr. Speaker, I thank the Communist China’s military power is a Security Council noted this difference gentleman from California for yielding threat to both India and the United between the two. So while I am here me this time. For many of us, we came States and all free people. Let us recog- today and I am very happy about this of age at a time when India was pro- nize democracy counts and applaud resolution, I do want to point out that viding a very independent voice in India for the election that it just had. we should have had the other resolu- world councils. For many of us, we Mr. LANTOS. Mr. Speaker, I am de- tion on the floor; and I hope that it grew up reading about Mahatma Gan- lighted to yield 2 minutes to the distin- will be brought to the floor soon. dhi and his contribution to nonviolent guished gentleman from New Jersey Mr. GILMAN. Mr. Speaker, I yield resistance and the struggle that he led (Mr. PALLONE) who is using this oppor- myself such time as I may consume. for independence of the Indian sub- tunity of expressing himself probably (Mr. GILMAN asked and was given continent. We recognized that India, more frequently and more eloquently permission to revise and extend his re- although a very complex place, was than any of us in this whole body. marks.) playing a crucial role in the emerging Mr. PALLONE. Mr. Speaker, I rise in Mr. GILMAN. Mr. Speaker, I want to world and respected that role. support of the resolution offered by the thank the chairman and the ranking I think that it is important for our gentleman from New York (Mr. ACKER- minority member of the Subcommittee country to recognize that as the MAN). I want to thank the gentleman on Asia and the Pacific for crafting world’s largest democracy, representa- from California (Mr. LANTOS) for those this resolution. I commend the gen- tive democracy, that we have a special kind remarks and for yielding me the tleman from Nebraska (Mr. BEREUTER) relationship with India where we may time. for his continuing leadership and ex- be the longest standing constitutional I want to say, Mr. Speaker, I think as pertise in crafting appropriate legisla- democracy but India is the largest. And representatives in what is often re- tion regarding the Asia and Pacific re- to nurture this relationship, to have ferred to as the People’s House here in gion. I also want to commend our dis- our President visit India in his forth- the United States it is most appro- tinguished cochairman of the India coming travels, is important for the priate that we should pay tribute to caucus, the gentleman from New York American presence in world affairs. So the successful elections in India and to (Mr. ACKERMAN), for his efforts to en- I would like to join with my colleagues their democracy and to offer our best sure that Indian Americans have a in complimenting India for what it has wishes to those who were elected and voice on Capitol Hill. It is well known accomplished, urging it to continue to reelected, who are our counterparts. and appreciated that he does that con- stay the course, and affirming the I want to say, though, it is disturbing tinually. friendship and support of this institu- to me as has been mentioned by some The President recently waived some tion for our friends in the Indian sub- of my colleagues already that the reso- of the economic sanctions against continent. lution with regard to Pakistan is not India. Two weeks ago, the gentleman Mr. LANTOS. Mr. Speaker, I yield coming up at this time. I am not sure from Connecticut (Mr. GEJDENSON) and myself such time as I may consume. In I understand the reason, but I think I sent a letter to the President urging concluding the discussion on our side, I that it is unfortunate because I think that he waive the last remaining eco- again would like to urge my colleagues it is very appropriate at this time for nomic sanction against India. That to support this resolution. There is us to basically call attention to the sanction requires that the United such a sharp contrast between the fact that we as a Congress and as a States oppose international financial Communist authorities in China crack- House of Representatives are not happy institution loans to India. These loans ing down on a spiritual movement with the military coup d’etat in Paki- are critically needed for infrastructure which by nonviolent means expresses stan and at the developments that have projects in the poorest areas of India. the desire for brotherhood among all taken place there which are in sharp Moreover, a waiver of these loans peoples, the Falun Gong, which has contrast to the democracy and the will benefit U.S. companies that want been persecuted, its members impris- election that took place in India. to work on those projects. India re- oned and beaten, in some cases killed, In fact, in the past few weeks, the cently went through its third general and the democratic developments in headlines from South Asia have been election in 3 years. That election start- India. dominated by the news from Pakistan ed on September 5 and it ended October We are indeed fortunate that this where the coup took place. It was a 4. The process took about a month be- large and great country of one billion very disturbing development which has cause there were some 600 million vot- people has steadfastly adhered to been condemned by me and many of my ers and thousands of polling stations democratic principles ever since its es- colleagues here in Congress. Unfortu- spread throughout that large nation. It tablishment as an independent coun- nately, there is often a tendency to was an orderly process even though it try. I think we are extremely pleased lump India and Pakistan together, to was such a mammoth undertaking. in this body to be able to pass this res- see all developments in South Asia as a Our mutual faith in the rule of law, olution, to pay tribute to a fellow de- function of the conflicts between India the process of democracy, and the deep mocracy, to pay tribute to the Indian and Pakistan. respect for the world’s different reli- people who have recognized the enor- In fact, Mr. Speaker, what we now gious traditions are what tie our two mous importance of preserving free see in South Asia are two great nations peoples so closely together. It is due to elections, parliamentary procedures moving in completely different direc- these similar core values that India and open society. I urge all my col- tions. While Pakistan is mired in mili- and the United States see eye to eye on leagues to support this resolution. tary coups and economic collapse, so many regional concerns. China’s he- Mr. SOUDER. Mr. Speaker, I rise in strong India sticks to its path of democracy gemony; the spread of Islamic ter- support of H. Con. Res. 211. I would like to and economic reform. We are seeing rorism spilling out of Afghanistan and congratulate Prime Minister Atal Bihari some indications that U.S. policy is be- Pakistan; the narco-dictatorship in Vajpayee on his re-election. More importantly, ginning to accommodate some of the Burma; and the occupation of Tibet. I wish to salute the citizens of the Republic of important distinctions between these These are all serious matters that will India. With a 60 percent voter turnout, the two countries. only be resolved by a teamwork of people of the Republic of India have once Last year after India and Pakistan leaders of our two nations working again stabilized the largest democracy in the conducted nuclear tests, a wide range closely together. A closer relationship world. In relative political turmoil in the region of economic sanctions were imposed on with India is long overdue. I urge my over the past six months, India has success- both countries. About a year ago, Con- colleagues to support H. Con. Res. 211. fully completed a round of national elections.

VerDate 29-OCT-99 01:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.043 pfrm02 PsN: H16PT1 H12018 CONGRESSIONAL RECORD — HOUSE November 16, 1999 I am continually impressed at the level of polit- REYNOLDS) that the House suspend the Napolitano Roybal-Allard Tancredo Neal Royce Tanner ical activity and involvement of the Indian peo- rules and pass the bill, H.R. 3257, as Nethercutt Rush Tauscher ple. Particularly inspiring is the fact that this in- amended, on which the yeas and nays Ney Ryan (WI) Tauzin volvement spans social and economic classes. are ordered. Northup Ryun (KS) Taylor (MS) While election violence in India has been an Norwood Sabo Taylor (NC) The vote was taken by electronic de- Nussle Salmon Terry issue, the election in October was one of the vice, and there were—yeas 401, nays 0, Oberstar Sanchez Thomas most peaceful in recent history. The deter- not voting 32, as follows: Obey Sanders Thompson (CA) Olver Sandlin Thompson (MS) mination of the Indian citizens to be part of the [Roll No. 587] political process and to preserve their par- Ose Sanford Thornberry YEAS—401 Owens Sawyer Thune liamentary democracy should serve as an ex- Packard Saxton Thurman ample to democracies around the globe, in- Abercrombie DeFazio Isakson Pallone Scarborough Tiahrt Aderholt DeGette Istook cluding the United States. The people of the Pascrell Schaffer Tierney Allen Delahunt Jackson (IL) Pastor Schakowsky Toomey Republic of India deserve our support and Andrews DeLauro Jackson-Lee Paul Scott Towns congratulations. Often it seems that our gov- Archer DeLay (TX) Pease Sensenbrenner Traficant ernment is more anxious to develop relation- Armey DeMint Jefferson Pelosi Serrano Turner Bachus Deutsch Jenkins Peterson (MN) Sessions Udall (CO) ships with and provide aid to governments that Baird Diaz-Balart John Peterson (PA) Shaw Udall (NM) are not democratic. Sometimes dealing with Baker Dickey Johnson (CT) Petri Shays Upton democracies is more difficult, more com- Baldacci Dicks Johnson, E. B. Phelps Sherman Velazquez Baldwin Dingell Johnson, Sam plicated. But why wouldn't this be a priority Pickering Sherwood Vento Ballenger Dixon Jones (OH) Pickett Shimkus Visclosky condition to be a valued American friend. I Barr Doggett Kanjorski Pitts Shows Vitter urge members to join me in supporting this Barrett (NE) Dooley Kaptur Pombo Simpson Walden resolution. Barrett (WI) Doolittle Kasich Pomeroy Sisisky Walsh Bartlett Doyle Kelly Porter Skeen Wamp Mr. LANTOS. Mr. Speaker, I yield Barton Dreier Kennedy Portman Skelton Watt (NC) back the balance of my time. Bass Duncan Kildee Price (NC) Slaughter Watts (OK) Mr. GILMAN. Mr. Speaker, I have no Bateman Edwards Kilpatrick Pryce (OH) Smith (NJ) Weiner Becerra Ehlers Kind (WI) further requests for time, and I yield Quinn Smith (TX) Weldon (FL) Bentsen Emerson King (NY) Rahall Smith (WA) Weldon (PA) back the balance of my time. Bereuter English Kingston Ramstad Snyder Weller The SPEAKER pro tempore (Mr. Berkley Eshoo Kleczka Rangel Souder Wexler Berry Etheridge Klink BALLENGER). The question is on the Regula Spence Weygand Biggert Evans Knollenberg motion offered by the gentleman from Reynolds Spratt Whitfield Bilbray Everett Kolbe Riley Stabenow Wicker California (Mr. CAMPBELL) that the Bilirakis Farr Kucinich Rivers Stark Wilson House suspend the rules and agree to Bishop Fattah Kuykendall Rodriguez Stearns Wolf the concurrent resolution, House Con- Blagojevich Filner LaFalce Roemer Stenholm Woolsey Bliley Fletcher Lampson Rogan Strickland Wu current Resolution 211. Blumenauer Foley Lantos Rogers Stump Wynn The question was taken. Blunt Forbes Largent Rohrabacher Stupak Young (AK) Mr. GILMAN. Mr. Speaker, on that I Boehlert Ford Larson Ros-Lehtinen Sununu Young (FL) Boehner Fowler Latham demand the yeas and nays. Rothman Sweeney Bonilla Frank (MA) LaTourette Roukema Talent The yeas and nays were ordered. Bonior Franks (NJ) Lazio The SPEAKER pro tempore. Pursu- Bono Frelinghuysen Leach NOT VOTING—32 Borski Frost Lee Ackerman Hill (MT) Payne ant to clause 8 of rule XX and the Boswell Gallegly Levin Chair’s prior announcement, further Barcia Hilliard Radanovich Boucher Ganske Lewis (CA) Berman Jones (NC) Reyes proceedings on this motion will be Boyd Gejdenson Lewis (GA) Collins LaHood Shadegg postponed. Brady (PA) Gekas Lewis (KY) Davis (VA) McCrery Shuster Brady (TX) Gephardt Linder f Dunn McIntyre Smith (MI) Brown (FL) Gibbons Lipinski Ehrlich Meehan Waters Brown (OH) Gilchrest LoBiondo ANNOUNCEMENT BY THE SPEAKER Engel Metcalf Watkins Bryant Gillmor Lofgren Ewing Miller, Gary Waxman PRO TEMPORE Burr Gilman Lowey Fossella Ortiz Wise Burton Gonzalez Lucas (KY) Gutknecht Oxley The SPEAKER pro tempore. Debate Buyer Goode Lucas (OK) has concluded on eight motions to sus- Callahan Goodlatte Luther b pend the rules. Calvert Goodling Maloney (CT) 1408 Camp Gordon Maloney (NY) So (two-thirds having voted in favor Pursuant to clause 8 of rule XX, the Campbell Goss Manzullo Chair will now put the question on Canady Graham Markey thereof), the rules were suspended and each motion to suspend the rules on Cannon Granger Martinez the bill, as amended, was passed. which further proceedings were post- Capps Green (TX) Mascara The result of the vote was announced Capuano Green (WI) Matsui poned earlier today in the order in Cardin Greenwood McCarthy (MO) as above recorded. which the motion was entertained. Carson Gutierrez McCarthy (NY) A motion to reconsider was laid on Votes will be taken in the following Castle Hall (OH) McCollum the table. order: Chabot Hall (TX) McDermott Chambliss Hansen McGovern f H.R. 3257, by the yeas and nays; Chenoweth-Hage Hastings (FL) McHugh H. Con. Res. 222, by the yeas and Clay Hastings (WA) McInnis CONDEMNING ARMENIAN nays; Clayton Hayes McIntosh Clement Hayworth McKeon ASSASSINATIONS H. Con. Res. 211, by the yeas and Clyburn Hefley McKinney nays. Coble Herger McNulty The SPEAKER pro tempore (Mr. The Chair will reduce to 5 minutes Coburn Hill (IN) Meek (FL) BALLENGER). The pending business is the time for any electronic vote after Combest Hilleary Meeks (NY) the question of suspending the rules Condit Hinchey Menendez the first such vote in this series. Conyers Hinojosa Mica and agreeing to the concurrent resolu- f Cook Hobson Millender- tion, House Concurrent Resolution 222. Cooksey Hoeffel McDonald The Clerk read the title of the con- STATE FLEXIBILITY Costello Hoekstra Miller (FL) current resolution. CLARIFICATION ACT Cox Holden Miller, George Coyne Holt Minge The SPEAKER pro tempore. The The SPEAKER pro tempore. The Cramer Hooley Mink question is on the motion offered by pending business is the question of sus- Crane Horn Moakley the gentleman from New York (Mr. Crowley Hostettler Mollohan pending the rules and passing the bill, Cubin Houghton Moore GILMAN) that the House suspend the H.R. 3257, as amended. Cummings Hoyer Moran (KS) rules and agree to the concurrent reso- The Clerk read the title of the bill. Cunningham Hulshof Moran (VA) lution, House Concurrent Resolution The SPEAKER pro tempore. The Danner Hunter Morella 222, on which the yeas and nays were Davis (FL) Hutchinson Murtha question is on the motion offered by Davis (IL) Hyde Myrick ordered. the gentleman from New York (Mr. Deal Inslee Nadler This will be a 5-minute vote.

VerDate 29-OCT-99 01:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.094 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12019 The vote was taken by electronic de- Pastor Sawyer Taylor (NC) The vote was taken by electronic de- Paul Saxton Terry vice, and there were—yeas 399, nays 0, Pease Scarborough Thomas vice, and there were—yeas 396, nays 4, not voting 34, as follows: Pelosi Schaffer Thompson (CA) not voting 33, as follows: Peterson (MN) Schakowsky Thompson (MS) [Roll No. 588] Peterson (PA) Scott Thornberry [Roll No. 589] YEAS—399 Petri Sensenbrenner Thune YEAS—396 Phelps Serrano Thurman Abercrombie Deutsch Johnson, E. B. Pickering Sessions Tiahrt Abercrombie Dickey Jones (OH) Aderholt Diaz-Balart Johnson, Sam Pickett Shaw Tierney Aderholt Dicks Kanjorski Andrews Dickey Jones (OH) Pitts Shays Toomey Allen Dingell Kaptur Archer Dicks Kanjorski Pombo Sherman Towns Andrews Dixon Kasich Armey Dingell Kaptur Pomeroy Sherwood Traficant Archer Doggett Kelly Bachus Dixon Kasich Porter Shimkus Turner Armey Dooley Kennedy Baird Doggett Kelly Portman Shows Udall (CO) Bachus Doolittle Kildee Baker Dooley Kennedy Price (NC) Simpson Udall (NM) Baird Doyle Kilpatrick Baldacci Doolittle Kildee Pryce (OH) Sisisky Upton Baker Dreier Kind (WI) Baldwin Doyle Kilpatrick Quinn Skeen Velazquez Baldacci Duncan King (NY) Ballenger Dreier Kind (WI) Rahall Skelton Vento Baldwin Edwards Kingston Barr Duncan King (NY) Ramstad Slaughter Visclosky Ballenger Ehlers Kleczka Barrett (NE) Edwards Kingston Rangel Smith (NJ) Vitter Barr Emerson Klink Barrett (WI) Ehlers Kleczka Regula Smith (TX) Walden Barrett (NE) Engel Knollenberg Bartlett Emerson Klink Reynolds Smith (WA) Walsh Barrett (WI) English Kolbe Barton Engel Knollenberg Riley Snyder Wamp Bartlett Eshoo Kucinich Bass English Kolbe Rivers Souder Watt (NC) Barton Etheridge Kuykendall Bateman Eshoo Kucinich Rodriguez Spence Watts (OK) Bateman Evans LaFalce Becerra Etheridge Kuykendall Roemer Spratt Weiner Becerra Everett Lampson Bentsen Evans LaFalce Rogan Stabenow Weldon (FL) Bentsen Farr Lantos Bereuter Everett Lampson Rogers Stark Weldon (PA) Bereuter Fattah Largent Berkley Farr Lantos Rohrabacher Stearns Weller Berkley Filner Larson Berry Fattah Largent Ros-Lehtinen Stenholm Wexler Berry Fletcher Latham Biggert Filner Larson Rothman Strickland Weygand Biggert Foley LaTourette Bilbray Fletcher Latham Roukema Stump Whitfield Bilbray Forbes Lazio Bilirakis Foley LaTourette Roybal-Allard Stupak Wicker Bilirakis Ford Leach Bishop Forbes Lazio Royce Sununu Wilson Bishop Fowler Levin Blagojevich Ford Leach Ryan (WI) Sweeney Wolf Blagojevich Frank (MA) Lewis (CA) Bliley Fowler Lee Ryun (KS) Talent Woolsey Bliley Franks (NJ) Lewis (GA) Blumenauer Frank (MA) Levin Sabo Tancredo Wu Blumenauer Frelinghuysen Lewis (KY) Blunt Franks (NJ) Lewis (CA) Sanchez Tanner Wynn Blunt Frost Linder Boehlert Frelinghuysen Lewis (GA) Sanders Tauscher Young (AK) Boehlert Gallegly Lipinski Boehner Frost Lewis (KY) Sandlin Tauzin Young (FL) Boehner Ganske LoBiondo Bonilla Gallegly Linder Sanford Taylor (MS) Bonilla Gejdenson Lofgren Bonior Ganske Lipinski Bono Gekas Lowey Bono Gejdenson LoBiondo NOT VOTING—34 Borski Gephardt Lucas (KY) Borski Gekas Lofgren Ackerman Jones (NC) Reyes Boswell Gibbons Lucas (OK) Boswell Gephardt Lowey Allen LaHood Rush Boucher Gilchrest Luther Boucher Gibbons Lucas (KY) Barcia Maloney (CT) Salmon Boyd Gillmor Maloney (CT) Boyd Gilchrest Lucas (OK) Berman McCrery Shadegg Brady (PA) Gilman Maloney (NY) Brady (PA) Gillmor Luther Collins McIntyre Shuster Brady (TX) Gonzalez Manzullo Brady (TX) Gilman Maloney (NY) Davis (VA) Meehan Smith (MI) Brown (FL) Goode Martinez Brown (FL) Gonzalez Manzullo Dunn Metcalf Waters Brown (OH) Goodlatte Mascara Brown (OH) Goode Markey Ehrlich Miller, Gary Watkins Bryant Goodling Matsui Bryant Goodlatte Martinez Ewing Ortiz Waxman Burr Gordon McCarthy (MO) Burr Goodling Mascara Fossella Oxley Wise Burton Goss McCarthy (NY) Burton Gordon Matsui Hill (MT) Payne Buyer Graham McCollum Buyer Goss McCarthy (MO) Hilliard Radanovich Callahan Granger McDermott Callahan Graham McCarthy (NY) Calvert Green (TX) McGovern Calvert Granger McCollum Camp Green (WI) McHugh Camp Green (TX) McDermott b 1417 Campbell Greenwood McInnis Campbell Green (WI) McGovern So (two-thirds having voted in favor Canady Gutierrez McIntosh Canady Greenwood McHugh Cannon Gutknecht McKeon Cannon Gutierrez McInnis thereof) the rules were suspended and Capps Hall (OH) McKinney Capps Gutknecht McIntosh the concurrent resolution was agreed Capuano Hall (TX) McNulty Capuano Hall (OH) McKeon to. Cardin Hansen Meek (FL) Cardin Hall (TX) McKinney Carson Hastings (FL) Meeks (NY) Carson Hansen McNulty The result of the vote was announced Castle Hastings (WA) Menendez Castle Hastings (FL) Meek (FL) as above recorded. Chabot Hayes Mica Chabot Hastings (WA) Meeks (NY) A motion to reconsider was laid on Chambliss Hayworth Millender- Chambliss Hayes Menendez the table. Clay Hefley McDonald Chenoweth-Hage Hayworth Mica Clayton Herger Miller (FL) Clay Hefley Millender- Mr. ALLEN. Mr. Speaker, on rollcall No. Clement Hill (IN) Miller, George Clayton Herger McDonald 588, had I been present, I would have voted Clyburn Hilleary Minge Clement Hill (IN) Miller (FL) ``yea.'' Coble Hinchey Mink Clyburn Hilleary Miller, George Coburn Hinojosa Moakley Coble Hinchey Minge f Combest Hobson Mollohan Coburn Hinojosa Mink Condit Hoeffel Moore Combest Hobson Moakley Conyers Hoekstra Moran (KS) Condit Hoeffel Mollohan EXPRESSING SUPPORT OF CON- Cook Holden Moran (VA) Conyers Hoekstra Moore GRESS FOR RECENT ELECTIONS Cooksey Holt Morella Cook Holden Moran (KS) IN REPUBLIC OF INDIA Costello Hooley Murtha Cooksey Holt Moran (VA) Cox Horn Myrick Costello Hooley Morella The SPEAKER pro tempore (Mr. Coyne Hostettler Nadler Cox Horn Murtha BALLENGER). The pending business is Cramer Houghton Napolitano Coyne Hostettler Myrick Crane Hoyer Neal Cramer Houghton Nadler the question of suspending the rules Crowley Hulshof Nethercutt Crane Hoyer Napolitano and agreeing to the concurrent resolu- Cubin Hunter Ney Crowley Hulshof Neal tion, H. Con. Res. 211. Cummings Hutchinson Northup Cubin Hunter Nethercutt The Clerk read the title of the con- Cunningham Hyde Norwood Cummings Hutchinson Ney Danner Inslee Nussle Cunningham Hyde Northup current resolution. Davis (FL) Isakson Oberstar Danner Inslee Norwood The SPEAKER pro tempore. The Davis (IL) Istook Obey Davis (FL) Isakson Nussle question is on the motion offered by Deal Jackson (IL) Olver Davis (IL) Istook Oberstar DeFazio Jackson-Lee Ose Deal Jackson (IL) Obey the gentleman from California (Mr. DeGette (TX) Owens DeFazio Jackson-Lee Olver CAMPBELL) that the House suspend the Delahunt Jefferson Packard DeGette (TX) Ose rules and agree to the concurrent reso- DeLauro Jenkins Pallone Delahunt Jefferson Owens lution, H. Con. Res. 211, on which the DeLay John Pascrell DeLauro Jenkins Packard DeMint Johnson (CT) Pastor DeLay John Pallone yeas and nays are ordered. Deutsch Johnson, E. B. Pease DeMint Johnson (CT) Pascrell This will be a 5-minute vote. Diaz-Balart Johnson, Sam Pelosi

VerDate 29-OCT-99 01:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.047 pfrm02 PsN: H16PT1 H12020 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Peterson (MN) Scarborough Terry allow a judge to whom a case is trans- terested parties and allows the more important Peterson (PA) Schaffer Thomas Petri Schakowsky Thompson (CA) ferred to retain jurisdiction over cer- Lexecon provision to proceed. I would also Phelps Scott Thompson (MS) tain multidistrict litigation cases for note that the federal judiciary is also seeking Pickering Sensenbrenner Thornberry trial, and to provide for Federal juris- to address a number of additional procedural Pickett Serrano Thune diction of certain multiparty, multi- matters, and I would hope that this body Pitts Sessions Thurman Pombo Shaw Tiahrt forum civil actions, with a Senate would take the time to enact these measures Pomeroy Shays Tierney amendment thereto, disagree to the as well. Porter Sherman Toomey Senate amendment, and agree to the Mr. SENSENBRENNER. Mr. Speak- Portman Sherwood Towns er, I have no requests for time. I yield Price (NC) Shimkus Traficant conference asked by the Senate. Pryce (OH) Shows Turner The SPEAKER pro tempore. The gen- back the balance of my time, and I Quinn Simpson Udall (CO) tleman from Wisconsin (Mr. SENSEN- move the previous question on the mo- Rahall Sisisky Udall (NM) BRENNER) is recognized for 1 hour. tion. Ramstad Skeen Upton Regula Skelton Velazquez Mr. CONYERS. Mr. Speaker, I support the The previous question was ordered. Reynolds Slaughter Vento motion to go to conference on the ``Multidis- The SPEAKER pro tempore. The Riley Smith (NJ) Visclosky trict, Multiparty, Multiforum Jurisdiction Act of question is on the motion offered by Rivers Smith (TX) Vitter 1999.'' I would like to begin by expressing the gentleman from Wisconsin (Mr. Rodriguez Smith (WA) Walden Roemer Snyder Walsh thanks to Chairman COBLE and Ranking Mem- SENSENBRENNER). Rogan Souder Wamp ber BERMAN as well as Representative SEN- The motion was agreed to. Rogers Spence Watt (NC) SENBRENNER for their hard work and on this The SPEAKER pro tempore. Without Rohrabacher Spratt Watts (OK) objection, the Chair appoints the fol- Ros-Lehtinen Stabenow Weiner legislation which is being sought by the federal Rothman Stark Weldon (FL) judiciary. lowing conferees: Messrs. HYDE, SEN- Roukema Stearns Weldon (PA) The most important provision of the bill is SENBRENNER, COBLE, CONYERS, and BER- Roybal-Allard Stenholm Weller section 2 which overturns the recent Supreme MAN. Royce Strickland Wexler There was no objection. Rush Stump Weygand Court decision in Lexecon v. Milberg Weiss, Ryan (WI) Stupak Whitfield which held that a transferee court assigned to f Ryun (KS) Sununu Wicker hear pretrial matters must remand all cases EXPRESSING THE SENSE OF CON- Sabo Sweeney Wilson back for trial to the districts which they were Salmon Talent Wolf GRESS WITH RESPECT TO DE- Sanchez Tancredo Woolsey originally filed, regardless of the views of the MOCRACY, FREE ELECTIONS, Sanders Tanner Wu parties. This decision conflicts with some 30 AND HUMAN RIGHTS IN THE LAO Sandlin Tauscher Wynn years of practice by which transferee courts Sanford Tauzin Young (AK) PEOPLE’S DEMOCRATIC REPUB- Sawyer Taylor (MS) Young (FL) were able to retain such jurisdiction under Title LIC 28. The Judicial Conference has testified that Saxton Taylor (NC) Mr. GILMAN. Mr. Speaker, I move to the previous process has worked well and NAYS—4 suspend the rules and agree to the reso- served the interest of efficiency and judicial Bonior Markey lution (H. Res. 169) expressing the sense Chenoweth-Hage Paul expedience. There was a concern raised at the Sub- of the House of Representatives with NOT VOTING—33 committee hearing that as originally drafted respect to democracy, free elections, Ackerman Hilliard Payne this provision would have gone far beyond and human rights in the Lao People’s Barcia Jones (NC) Radanovich simply permitting a transferee court to conduct Democratic Republic, as amended. Bass LaHood Rangel The Clerk read as follows: Berman Lee Reyes a liability trial, but instead, allowed the court to Collins McCrery Shadegg also determine compensatory and punitive H. RES. 169 Davis (VA) McIntyre Shuster damages. This could be extremely inconven- Whereas since the 1975 overthrow of the ex- Dunn Meehan Smith (MI) ient for harmed victims who would need to isting Royal Lao Government, Laos has been Ehrlich Metcalf Waters under the sole control of the Lao People’s Ewing Miller, Gary Watkins testify at the damages phase of the trial. As a Revolutionary Party; Fossella Ortiz Waxman result of discussions between the minority and Whereas the present Lao constitution pro- Hill (MT) Oxley Wise majority, Rep. BERMAN successfully offered an vides for a wide range of freedoms for the b 1426 amendment addressing this concern at the Lao people, including freedom of speech, freedom of assembly, and freedom of reli- So (two-thirds having voted in favor Full Committee markup. Section 3 of the bill also expands federal gion, and Laos is a signatory to inter- thereof) the rules were suspended and court jurisdiction for single accidents involving national conventions on genocide, racial dis- the concurrent resolution was agreed at least 25 people having damages in excess crimination, discrimination against women, to. war crimes, and rights of the child; of $75,000 per claim and establishes new fed- The result of the vote was announced Whereas since July 1997, Laos has been a eral procedures in these limited cases for se- as above recorded. member of the Association of Southeast lection of venue, service of process, issuance Asian Nations (ASEAN), an organization A motion to reconsider was laid on of subpoenas and choice of law. The types of which has set forth a vision for the year 2020 the table. cases that would be included under this provi- of a membership consisting of ‘‘open f sion would be plane, train, bus, boat accidents societies ... governed with the consent and and environmental spills, many of which are greater participation of the people’’ and REMOVAL OF NAME OF MEMBER ‘‘focus(ed) on the welfare and dignity of the AS COSPONSOR OF H.R. 2420 already brought in federal court. However, the human person and the good of the commu- provision would not apply to mass tort injuries nity’’; Mr. OWENS. Mr. Speaker, I ask that involve the same injury over and over Whereas, despite the Lao constitution and unanimous consent that my name be again such as asbestos and breast implant the membership by Laos in ASEAN, the De- removed as cosponsor of H.R. 2420. cases. partment of State’s Laos Country Report on The SPEAKER pro tempore. Is there While I traditionally oppose having federal Human Rights Practices for 1998 states that objection to the request of the gen- courts decide state tort issues, and disfavor the Lao Government’s human rights record tleman from New York? the expansion of the jurisdiction of the al- deteriorated and that the Lao Government There was no objection. restricts freedom of speech, assembly, asso- ready-overloaded district courts, I have been ciation, and religion; f willing to support this provision because it Whereas Amnesty International reports would only expand federal court jurisdiction in that serious problems persist in the Lao Gov- APPOINTMENT OF CONFEREES ON a very narrow class of actions and is being af- ernment’s performance in the area of human H.R. 2112, MULTIDISTRICT, firmatively sought for efficiency purposes by rights, including the continued detention of MULTIPARTY, MULTIFORUM the federal courts. This is in stark contrast to prisoners of conscience in extremely harsh TRIAL JURISDICTION ACT OF 1999 the class action bill, which would completely conditions, and that in one case a prisoner of Mr. SENSENBRENNER. Mr. Speak- conscience held without trial since 1996 was federalize state law and was strongly opposed chained and locked in wooden stocks for a er, by direction of the Committee on by the federal and state courts. period of 20 days; the Judiciary, I move to take from the Section 3 was not included in the Senate Whereas Thongsouk Saysangkhi, a polit- Speaker’s table the bill (H.R. 2112), to passed bill, so I am hopeful that we can reach ical prisoner sentenced to 14 years imprison- amend title 28, United States Code, to an accommodation which satisfies all of the in- ment in November 1992 after a grossly unfair

VerDate 29-OCT-99 01:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.074 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12021 trial, died in February 1998 due to complica- may have 5 legislative days within Mr. Speaker, I rise in strong support tions of diabetes after having been detained which to revise and extend their re- of this resolution. First of all, I would in harsh conditions with no medical facili- marks on H. Res. 169. like to commend the distinguished gen- ties; The SPEAKER pro tempore (Mr. Whereas there are at least 5 identified, tleman from Minnesota (Mr. VENTO) for long-term political prisoners inside the Lao SHIMKUS). Is there objection to the re- taking the initiative in introducing Government’s prison system and the possi- quest of the gentleman from New this resolution. I also want to com- bility of others whose names are not known; York? mend the gentleman from New York Whereas there continue to be credible re- There was no objection. (Chairman GILMAN) and the gentleman ports that some members of the Lao Govern- Mr. GILMAN. Mr. Speaker, I yield from Nebraska (Mr. BEREUTER), chair- ment’s security forces commit human rights myself such time as I may consume. man of the Subcommittee on Asia and abuses, including arbitrary detention and in- (Mr. GILMAN asked and was given the Pacific, and the gentleman from timidation; permission to revise and extend his re- Whereas two United States citizens, Mr. Connecticut (Mr. GEJDENSON), ranking marks.) Democrat on the Committee on Inter- Houa Ly, a resident of Appleton, Wisconsin, Mr. GILMAN. Mr. Speaker, I want to and Mr. Michael Vang, a resident of Fresno, national Relations, for their support of California, were traveling along the border commend the gentleman from Ne- this resolution. between Laos and Thailand on April 19, 1999; braska (Mr. BEREUTER), chairman, and Mr. Speaker, the human rights situa- Whereas the families of Messrs. Ly and the gentleman from California (Mr. tion in Laos is deteriorating as we Vang have been able to learn very little from LANTOS), ranking minority member of speak. According to Amnesty Inter- the United States Government regarding the the Subcommittee on Asia and Pacific, national, prisoners of conscience are whereabouts or current circumstances of for their excellent work on this resolu- held without trial for years, political their loved ones; and tion. Their tireless efforts on behalf of Whereas the Congress will not tolerate any prisoners die while in prison, and two unjustified arrest, abduction, imprisonment, human rights, the rule of law, and Americans of Laotian extraction have disappearance, or other act of aggression democratic freedom are well known. disappeared. against United States citizens by a foreign The committee is especially grateful The people of Laos do not enjoy the government: Now, therefore, be it for the leadership of the gentleman most elementary principles and prac- Resolved, That— from Nebraska (Chairman BEREUTER) tices of human rights. The resolution (1) it is the sense of the House of Rep- in this matter. before us expresses the view of this resentatives that the present Government of I also wish to commend the gen- Laos should— body that the government of Laos tleman from Wisconsin (Mr. GREEN), must begin to respect human rights, (A) respect internationally recognized the gentleman from Minnesota (Mr. norms of human rights and the democratic institute a democratic electoral proc- freedoms of the people of Laos and honor in VENTO), and the gentleman from Cali- ess, allow unrestricted access by inter- full its commitments to those norms and fornia (Mr. RADANOVICH) for their work national human rights organizations to freedoms as embodied in its constitution and in support of this resolution. Without all political prisoners. its participation in international organiza- their efforts, the resolution would not I trust, Mr. Speaker, that passage of tions and agreements; have had the necessary support. this resolution will raise the visibility (B) issue a public statement specifically re- This past summer, Senator HELMS internationally of the horrendous affirming its commitment to protecting reli- and I sent a staff delegation to Vien- gious freedom and other basic human rights; human rights situation in Laos and to tiane to speak with U.S. embassy staff encourage other countries to join us in (C) institute fully a democratic electoral regarding the disappearance of the two system, with openly contested, free, and fair challenging the government of Laos to elections by secret ballot, beginning no later Hmong-Americans this past April on behave in a civilized fashion. than the next National Assembly elections, the border of Thailand and Laos. I urge my colleagues to support H. currently scheduled to be held in 2002; and The embassy staff informed the Res. 169. (D) allow unrestricted access by inter- Staffdel of their efforts to locate the Mr. Speaker, I reserve the balance of national human rights monitors, including men and that the government of Laos my time. the International Committee of the Red was doing all that it could to be help- Mr. GILMAN. Mr. Speaker, I am Cross and Amnesty International, to all pris- ful. They also told our delegation that, pleased to yield such time as he may ons and to all regions of the country to in- to date, there was no solid information consume to the distinguished gen- vestigate alleged abuses of human rights, in- with regard to the whereabouts of the tleman from Nebraska (Mr. BEREUTER), cluding those against the Hmong minority; and men or the circumstances that led to chairman of our Subcommittee on Asia (2) the House of Representatives— their disappearance. In fact, embassy and the Pacific. (A) decries the disappearance of Houa Ly staff added that there was no record or (Mr. BEREUTER asked and was and Michael Vang, recognizing it as an inci- report that the men had even crossed given permission to revise and extend dent worthy of congressional attention; into Laos. When the Staffdel left the his remarks.) (B) urges the Lao Government to return country, it received a different assess- Mr. BEREUTER. Mr. Speaker, I Messrs. Ly and Vang, or their remains, to ment of the situation. thank the chairman for yielding me United States authorities and their families Given the current repression policies this time. in America at once, if it is determined that of the LPDR regime, it remains impos- Mr. Speaker, I rise in support of H. the Lao Government is responsible for the sible to conduct secure research and Res. 169, addressing concerns related to disappearance of Messrs. Ly and Vang; democracy, free election, and human (C) warns the Lao Government of the seri- meetings with dissidents or political ous consequences, including sanctions, of opposition leaders inside Laos. It is im- rights in Laos. any unjustified arrest, abduction, imprison- possible to receive information about This resolution was introduced by ment, disappearance, or other act of aggres- conditions inside Laos from any the distinguished gentleman from Min- sion against United States citizens; and sources that are not controlled by the nesota (Mr. VENTO). I appreciate the (D) urges the Department of State and government. There is no free press, and cooperation and support of the distin- other appropriate United States agencies to international human rights organiza- guished gentleman from California share the maximum amount of information (Mr. LANTOS), the ranking member of regarding the disappearance of Messrs. Ly tions are not permitted into the coun- try. the Asian and Pacific Subcommittee, and Vang. and especially the assistance of the dis- The SPEAKER pro tempore. Pursu- Mr. Speaker, two Americans are un- tinguished gentleman from New York ant to the rule, the gentleman from accounted for, and it is unacceptable (Mr. GILMAN), chairman of the Com- New York (Mr. GILMAN) and the gen- that this government or this com- mittee on International Relations, and tleman from California (Mr. LANTOS) mittee not do anything that is possible the gentleman from Connecticut (Mr. each will control 20 minutes. to get to the bottom of the issue and to The Chair recognizes the gentleman punish those who are responsible. Ac- GEJDENSON), ranking minority mem- from New York (Mr. Gilman). cordingly, Mr. Speaker, I urge my col- ber, for their support for the members effort to secure a compromise during b leagues to support H. Res. 169. 1430 Mr. Speaker, I reserve the balance of the committee mark-up. That was GENERAL LEAVE my time. helpful to the gentleman from Cali- Mr. GILMAN. Mr. Speaker, I ask Mr. LANTOS. Mr. Speaker, I yield fornia (Mr. LANTOS) and to me, and I unanimous consent that all Members myself such time as I may consume. know we both appreciate it.

VerDate 29-OCT-99 01:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.075 pfrm02 PsN: H16PT1 H12022 CONGRESSIONAL RECORD — HOUSE November 16, 1999

We did our best to craft a resolution (Mr. GREEN), the gentleman from Cali- ministration and the small diplomatic that combined the essence and impor- fornia (Mr. RADANOVICH), and the gen- force or corps that they have there tant elements of several resolutions. tleman from California (Mr. ROHR- simply have not received the type of The people of Laos, especially Lao- ABACHER). cooperation so that they can make de- Hmong, continue to experience gross I have really been gratified by the finitive judgments about what the con- violations of fundamental human support and interest that the members duct and circumstances of the people of rights at the hands of the Communist of this committee, the Committee on Laos. Lao regime. House Resolution 169 calls International Relations, have dem- Yet, of course, today Laos seeks freer upon the Laotian government to re- onstrated with regards to our concern trade with the United States, chooses spect international norms for the pro- in trying to represent our constituents. or wants to be part of the family of Na- tection of human rights and demo- Mr. Speaker, there are about 250,000 tions. But I think that this resolution cratic freedoms; issue a public state- Hmong-Americans now that reside in and the concern that is being expressed ment reaffirming their commitment to the various States of California, Min- by those of us that obviously represent protecting religious freedoms and basic nesota, Western Wisconsin, and Hmong-Americans and that represent, human rights; fully institute a process throughout the Nation, but are con- really, the values that we stand for are, of democracy with open, free, and fair centrated in the areas of the authors of I think, serving notice that we will not elections; and allow access for inter- this resolution. But I must say that the have normal trade relations; we will national human rights monitors, in- response of the committee has been not have normal diplomatic relations cluding the International Committee overwhelming and gratifying with re- until, in fact, they begin to conduct of the Red Cross and Amnesty Inter- gards to trying to respond to the jus- themselves in line with proximate val- ues concerning human rights, free elec- national to visit inside Lao prisons and tifiable concerns of these Hmong- tions, nonpersecution, freedom in to all regions within Laos to inves- Americans who have relatives and prisons. roots in southeast Asia. tigate allegations of human rights I think the best antiseptic for this As my colleagues know, the Hmongs abuses. This Member, therefore, of problem, of course, is to have the inter- were allies of the United States during course, urges approval of H. Res. 169. nationally recognized groups as observ- the war in Vietnam. When we left, they The resolution was amended in com- ers in this country. mittee, Mr. Speaker, to address the un- were left really without their major Mr. Speaker, on behalf of the Lao-Hmong derstandable concerns and energetic ef- supporter. As Laos was overrun by the community in my district of St. Paul, MN, forts of the gentleman from California Communist leadership, they, of course, across the Nation and inside of Laos, I rise in (Mr. RADANOVICH) and the gentleman were very much at risk of persecution. strong support of my Laos human rights reso- from Wisconsin (Mr. GREEN), who have They fled to various refugee camps and lution. I would like to thank Congressman BE- constituents who have been missing out of the country. Those that re- REUTER, Congressman GEJDENSON, Congress- after traveling near the Laos-Thailand mained in, I think there was under- man LANTOS, and Chairman GILMAN for their border. I especially commend these two standably great concern as to what support throughout the committee process Members. The amended resolution ex- their treatment has been and will be in with the special assistance to improve the lan- presses concern for these Lao-Ameri- the future. guage and recognizing the importance of my cans’ welfare and asks the U.S. Govern- Of course, even now, as we are clos- resolution. By its action, the committee has ment to provide additional information ing the last refugee camps in Thailand, placed Congress on record against the human it may have to obtain the knowledge of many of them are choosing, obviously, rights abuses of the Lao Government. By fo- the whereabouts of these two individ- to go home back to Laos, I think there cusing justifiably on the continued reports of uals. are great concerns in the context of abuses against the Lao-Hmong, H. Res. 169 Mr. Speaker, I congratulate the dis- what is happening within their legal is an important first step to bring international tinguished gentleman from New York system, within their prisons, with the pressure on the Lao government to implement (Mr. GILMAN), chairman of the Com- lack of human rights. basic democratic reforms. I am pleased that mittee on International Relations, the Obviously, we have relied greatly on H. Res. 169 has also been amended to incor- distinguished gentleman from Con- the U.N. High Commissioner on Refu- porate significant recent events and important necticut (Mr. GEJDENSON), the ranking gees to monitor what is happening to questions surrounding the disappearance of Democrat, the gentleman from Wis- refugees in the camps in Thailand and two Hmong-American citizens; Michael Vang consin (Mr. GREEN), the gentleman to what happens during resettlement. and Houa Ly, whose daughter resides in my from California (Mr. RADANOVICH), the But they have really a very, very, very district in St. Paul, MN. On April 9, 1999, gentleman from California (Mr. LAN- narrow focus. The fact of the matter is these two Hmong-Americans with United TOS), and others who have assisted this the international monitoring groups, States passports and appropriate papers dis- Member in working cooperatively on whether it is Amnesty International or appeared along the Thailand-Laos border. Ac- this revised resolution to send a strong the Red Cross or many other objective cording to eyewitnesses, men thought to be message to the government of Laos. We sources, simply have no opportunity to Laotian security officials abducted Michael are doing it in a resolution originally go into Laos and to report what the Vang and Houa Ly. The Lao Government con- introduced by the distinguished gen- treatment is of minorities such as the tinues to deny knowledge of the whereabouts tleman from Minnesota (Mr. VENTO) Hmong that have returned to Laos or of Mr. Vang and Mr. Ly or the role of govern- and I certainly commend him for his have persisted in being there. ment security forces in abducting them. Unfor- initiative. The concern here, of course, results tunately, after 6 months of investigation, there This Member urges adoption of H. in mistreatment of prisoners, which is are no answers to this incident. If Laos has Res. 169. articulated in my detailed statement, nothing to hide, then they should allow com- Mr. LANTOS. Mr. Speaker, I am very where certainly the prisons and polit- plete access for capable and credible inter- pleased to yield 4 minutes to the gen- ical prisoners that are present are national human rights monitors inside of Laos tleman from Minnesota (Mr. VENTO), being abused. to investigate the disappearances of Mr. Vang author of this resolution. The disappearance of, in fact, and Mr. Ly. In addition, the amended version (Mr. VENTO asked and was given Hmong-Americans that were making demands the cooperation of the Laotian Gov- permission to revise and extend his re- inquiries that were on the border some- ernment in the ongoing investigation of this marks.) place between Laos and Thailand, and matter. This matter was the specific focus of Mr. VENTO. Mr. Speaker, I thank they have simply disappeared, and that an ad-hoc hearing organized by the Congres- the gentleman from California for has been for almost a half year now, sional Human Rights Caucus in October. This yielding me this time. and we still have not had cooperation important hearing highlighted the very serious Mr. Speaker, I rise, of course, in from the Laotian government. nature of the disappearance, unanswered strong support of this resolution, H. Furthermore, of course, the repres- questions and lack of good faith cooperation Res. 169, which I introduced earlier, sive suppression of various protestors from the Laotian Government. I have cospon- and has numerous sponsors, including that have occurred in Laos, again sored this as a separate resolution recently the gentleman from Wisconsin (Mr. which is articulated, and I have made and credit Rep. GREEN and Rep. RADANOVICH KIND), the gentleman from Wisconsin the repeated statement that the ad- for their initiative.

VerDate 29-OCT-99 02:41 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.060 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12023 The Vento Resolution calls upon the gov- were made by the Lao-Hmong in the jungles during the investigation of this case. For ernment of Laos to hold free and open elec- and in the highlands, whether in uniform or in more details on the investigation itself, we would refer you to the FBI. tions, respect basic human rights for the Lao the common clothing of the laborer. Thou- Lastly, you may be interested to know people and provide access to international sands of U.S. soldier's lives were spared be- that Ambassador Chamberlin left Laos in human right monitors to investigate alleged cause of the Lao-Hmong patriot's support and June of this year and no longer serves as our abuses of human rights, including abuses help as they fought alongside the United Ambassador there. A new Ambassador has against the Lao-Hmong. Human rights abuses States forces in the Vietnam war. For their ef- not yet been named. by the government of Laos continue to be an forts, the Lao-Hmong deserve our thanks, our We hope that this information is useful to international concern. The people of Laos, es- refuge and shelter and certainly fundamental you. Please feel free to contact us again if we may be of further assistance on this or any pecially the Lao-Hmong, continue to experi- human rights, freedoms, and fair elections in other issue. ence gross violations of fundamental human Laos. This resolution is an important state- Sincerely, rights at the hands of the Communist Lao re- ment concerning the contemporary and unsat- BARBARA LARKIN, gime. In many cases this oppression amounts isfactory status of human rights in Laos today Assistant Secretary Legislative Affairs. to retribution against the Lao-Hmong who and is a further step toward promoting and im- Enclosure: Chronology of events. fought alongside United States troops over 20 plementing improved human rights standards CHRONOLOGY OF EVENTS—MISSING AMERICAN years ago. While our forces have long since and democracy in Laos. However, much more CITIZENS IN LAOS pulled out of Southeast Asia, the plight and work needs to be done. We certainly have a May 1999—present, updated: 10/27/99a sacrifices of our loyal friends and allies inside moral obligation to the people of Laos to re- 04 May 1999: Two individuals report to the of Laos must not be forgotten. main diligent in the effort to restore their American Consulate in Chiang Mai, Thailand Earlier this month, Thai news reports sug- human rights. I urge all my colleagues to sup- that two U.S. citizens crossed into Laos at gest that the Communist Lao Government ar- Ban Houayxay, Bokeo province, on April 19, port this important human rights resolution. 1999 an had not yet returned or had contact rested up to 31 people in late October for So with that said, Mr. Speaker, I in- with their families. U.S. Consulate in Chiang peacefully protesting against government fail- clude for the RECORD a document or Mai confirms the two missing are U.S. citi- ure to tackle mounting economic problems letter that I received from the State zens. This information is relayed to the U.S. and demanding free elections. Not surpris- Department which tries to go through Embassy in Vientiane. ingly, the Laotian Government denies such re- a chronology of what has happened 05 May 1999: U.S. consular staff in Vien- ports. Sources from the Bangkok newspaper with regards to the investigations con- tiane repeatedly attempt to contact officials the Nation reported that the protesters in- cerning the disappearance of these two in Ban Houayxay and also ask Lao immigra- tion officials to obtain more information cluded students and teachers from the Dong Hmong-Americans who have relatives about the two citizens. Dok National University and the Vientiane in our communities, as follows: 06 May 1999: U.S. consular staff in Vien- High School. This clearly demonstrates anew U.S. DEPARTMENT OF STATE, tiane and Chiang Mai continue to investigate that the Government of Laos has not com- Washington, DC, November 3, 1999. the case, as details remain sketchy. mitted itself to democratic reform and human Hon. BRUCE VENTO, 07 May 1999: Embassy Vientiane sends an rights, punctuating the importance of my reso- House of Representatives. urgent diplomatic note seeking consular ac- DEAR MR. VENTO: Thank you for your let- cess and an explanation of the situation to lution with this recent act. the Lao Ministry of Foreign Affairs (MFA). Although the Laotian Communist Govern- ter of October 13 to Secretary Albright in which you inquire about the two missing A meeting with Lao Ministry of Interior offi- ment does not allow independent human U.S. citizens believed to be in Laos. cials is held that day; MFA officials schedule rights observers in Laos, there are numerous Let me assure you that the State Depart- appointments for the next working day, credible reports of persecution and abuse of ment is committed to resolving this case, Monday, May 10. the Lao people. Lao-Hmong families are and that it is an issue of great importance in 10 May 1999: U.S. Ambassador in Vientiane threatened daily by the Communist regime, our bilateral relationship with Laos. The meets with Minister to the President’s Office welfare of American citizens overseas is a to express strong USG concern and again and many Hmong are reported to have been press for consular access. Concurrently, U.S. imprisoned, tortured, and even killed. Accord- highest priority for us, and this case has re- ceived our full attention since the disappear- Acting Deputy Chief of Mission meets with ing to the State Department Country Reports ances were first reported in May. Lao MFA officials, and U.S. consular officer on Human Rights Practices for 1998, the Lao- The FBI-led investigation is ongoing, and meets with Lao officials from the Consular tian Government severely restricts the free- no conclusions have yet been reached. Our Affairs Department to further underscore doms of speech, assembly and religion. Am- missions in Laos and Thailand are pursuing the USG’s need for a prompt reply. None of nesty International also reports gross human all credible leads in their efforts to resolve the inquiries results in nay new information. the disappearance of these two U.S. citizens. 12 May 1999: U.S. Ambassador meets with rights violations including the detention of po- Deputy Foreign Minister to press the Lao litical prisoners and the treatment of such pris- The region in which the men were last re- ported is marked by rugged terrain and poor government strongly for an investigation of oners in a manner that is degrading, abusive, infrastructure. There have also been ex- the case. In Washington, D.C., State Depart- and inhumane. In February of last year, one tended delays in Lao government approvals ment desk officer for Laos meets with wives political prisoner, Thongsouk Saysanghi, died of access to the area. Incomplete and con- of the two citizens as well as Dr. Pobzeb of in a remote prison camp in Laos. In addition, tradictory reports regarding their disappear- the Lao Human Rights Council. Pobzeb pre- other political prisoners still remain in Laotian ance have further complicated the investiga- sents a copy of a letter sent to Congress by tion. the two men who first reported the dis- prisons. Amnesty International has made re- appearance, alleging that the Laotian gov- peated appeals to the Lao authorities to im- At every opportunity, U.S. officials raise this case with Lao officials to press for their ernment has imprisoned one and killed the prove the conditions of detention of the pris- cooperation in ascertaining the whereabouts other of the two missing U.S. citizens. 13 May 1999: Embassy Vientiane receives oners. These appeals have been ignored, re- of these two U.S. citizens. We have not been copy of the same letter and presents it to the sulting in the tragic death of Thongsouk. This completely satisfied with the cooperation MFA. Senators Feinstein, Boxer, Kohl and demonstrates not only the Lao Government's from the Lao government, which has been Feingold send a letter about Vang and Ly to slow to respond to our requests for access to complete lack of care for its political prisoners, A/S for Consular Affairs Mary Ryan. but its contempt for the opinion of the inter- the area and has tried to place restrictions 14 May 1999: national community. on our investigators. Nevertheless, the De- Lao government officials report to the U.S. Specifically, my resolution calls upon the La- partment of State and the FBI believe that Embassy that it has no record of entry for otian Government to respect international cooperation with the Lao is necessary to the two U.S. citizens into Laos. conduct this investigation. Laos is a sov- norms for the protection of human rights and East Asia and Pacific Affairs Deputy As- ereign country, and we need the Lao govern- sistant Secretary calls in the Lao Ambas- democratic freedoms; issue a public statement ment’s assistance to gain access to certain sador to the U.S. to continue to press our reaffirming its commitment to protecting reli- areas and officials. concerns and demand an immediate expla- gious freedoms and basic human rights; fully Regarding the release of classified mate- nation and investigation. He also notes Con- institute a process of democracy with open, rials relevant to this case, we have received gressional interest in this case. The Lao Am- free, and fair elections; and allow access to a Freedom of Information Act request from bassador cites the difficulty of investigating international human rights monitors, including the Ly family via the office of Representa- the case because the two did not cross into tive Mark Green (R–WI). While the request the International Committee of the Red Cross Laos at an international checkpoint. involves various agencies and hence may be 17 May 1999: Embassy Vientiane receives a and Amnesty International, inside Lao prisons time consuming, we are doing our best to copy of Congressional letter to the Assistant and to all regions within Laos to investigate al- process it as expeditiously as possible. In the Secretary for Consular Affairs on this mat- legations of human rights abuse, especially meantime, we are enclosing a brief chro- ter. U.S. Ambassador continues to raise the against the Lao-Hmong. Extreme sacrifices nology outlining the actions we have taken case with Lao officials.

VerDate 29-OCT-99 02:41 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.088 pfrm02 PsN: H16PT1 H12024 CONGRESSIONAL RECORD — HOUSE November 16, 1999 18 May 1999: U.S. Ambassador in Vientiane 17–20 June 1999: Preparations for joint in- 30 July 1999: calls on Lao Vice Prime Minister to demand vestigation get underway. U.S. Charge´ in Vientiane calls on MFA’s immediate consular access, reiterating the 21 June 1999: Lao MFA Americas Depart- Americas Department Acting Director Gen- Lao government’s responsibility under the ment Director General calls in United States eral (Amphone) and repeats request for fol- Vienna Convention. Ambassador also states Charge´ to deliver a diplomatic note formally low-up meeting of U.S.-Lao joint investiga- that the USG holds the Lao government ac- agreeing to the United States proposal for a tive team. countable for the two citizens. joint, cooperative investigative effort to re- U.S. Embassy sends diplomatic note to 19 May 1999: Lao MFA officials inform Am- solve the case. He requested a proposed plan MFA requesting a follow-on visit for Assist- bassador that the Deputy Prime Minister or- of action and noted local authorities would ant Legal Attache´ to continue field inves- dered officials in Bokeo to conduct an inves- also need to be consulted. tigations based on information developed tigation. A letter about Ly and Vang is sent 22 June 1999: United States Embassy in from recent inquiries conducted in Thailand. to the Secretary from Representatives Gil- Vientiane draws up a draft plan, which the DIA briefs Representative Mark Green and man, Green, McKinney, Smith and Kind. joint team would use for the purpose of plan- various staffers. 21 May 1999: State Department officials ning and coordinating investigative efforts. Lao Human Rights Council, Inc. provides meet again with Dr. Pobzeb of the Lao Embassy confers with the State Department Department of State with its ‘‘Reports on Human Rights Council about this case. on the draft plan. the Fact-Finding Mission to Thailand, June 22–23 May 1999: U.S. officials in Chiang Mai 23 June 1999: United States Embassy in 17–July 8’’ on the missing Americans. continue to investigate the case. Vientiane receives concurrence for the plan 04 August 1999: EAP Deputy Assistant Sec- 25 May 1999: U.S. officials in Vientiane in- from the State Department. Embassy offi- retary Skip Boyce (joined by desk officer and quire again with Lao MFA officials about cials present the draft plan to the Lao Gov- Consular Affairs representative) brief Con- any progress on the case. ernment. gressman Mark Green (R–WI). 26–27 May 1999: United States Government 05 August 1999: U.S. Embassy official in efforts to obtain information about this case 24 June 1999: Lao MFA calls United States Embassy to schedule a meeting for the joint Vientiane meets with Director for Consular continue in Chiang Mai and Vientiane. Affairs at the Lao MFA to discuss meeting of 28 May 1999: Assistant Secretary for Con- investigative team. Assistant Legal Attache´ from United States Embassy Bangkok ar- joint investigative team. sular Affairs Mary Ryan calls in the Lao 05–06 August 1999: Investigative efforts in Ambassador to the United States to empha- rives in Vientiane. 25 June 1999: United States-Lao Joint in- Bangkok continue. size the importance the United States places 09 August 1999: EAP Assistant Secretary vestigative team meets for the first time and on the safety and welfare of welfare of Stanley Roth calls in Lao Ambassador to ex- discusses investigative plan. Plans for depar- United States citizens overseas and to ex- press our dissatisfaction with the pace of the ture tentatively set for June 29. press concern about the lack of information. investigation. 26-29 June 1999: United States Embassy and The Ambassador pledges his government’s 18 August 1999: Lao MFA, Director of Con- Lao officials make travel arrangements. cooperation, but provides no new informa- sular Affairs calls in U.S. consular officer to 29 June 1999: U.S. Consul General in Chiang tion. discuss the case. 31 May 1999: United States Ambassador in Mai meets with Dr. Vang Pobzeb of the Lao 19 August 1999: Lao MFA member of the Vientiane meets with Lao Prime Minister to Human Rights Council, who was visiting joint team calls Embassy to confirm meeting underscore the importance of resolving this Thailand. of the joint investigative team on August 26. case. 30 June 1999: U.S.-Lao joint investigative Lao MFA member also says that Lao Min- 1–3 June 1999: U.S. investigation efforts team departs for Bokeo via an overnight istry of Interior is working on assistant legal continue. stay in Luang Prabang. attache’s follow up visit to Ban Huay Xai. 4 June 1999: Lao authorities inform Em- 01 July 1999: U.S.-Lao joint team arrives in 20 August 1999: Embassy task force con- bassy in Vientiane that they have deter- Ban Huay Xai, Bokeo province. (Note: flight venes to discuss strategy for August 26 meet- mined that the two Americans did not re- cancellations are responsible for the delayed ing. Embassy requests Department’s input. quest visas to enter Laos, and based on their arrival.) 23 August 1999: State Department follows investigation, there was no evidence about 02–05 July 1999: U.S.-Lao joint team con- up with Lao Embassy to reiterate the need the Americans’ whereabouts in Laos, United ducts investigation in Ban Huay Xai. for quick approval of assistant legal at- States Ambassador proposes to Lao Deputy 06 July 1999: U.S.-Lao joint team returns to tache’s visit to the region. Foreign Minister a joint United States-Lao Vientiane. The team suggests following up 24–25 August 1999: U.S. officials in Chiang investigation of the case; United States Em- leads in Thailand. Mai, Thailand consult with Thai officials bassy in Vientiane sends a follow up diplo- 07 July 1999: Staffers from HIRC and SFRC near the Lao border, but discover no new in- matic note. meet with senior Lao officials from the Min- formation. 7 June 1999: United States Ambassador in istries of Foreign Affairs and Interior to re- 26 August 1999: Joint U.S.-Lao investiga- Vientiane requests a meeting with Lao au- view progress in the investigation and to re- tion team meets in Vientiane. The Lao re- thorities to express dissatisfaction with iterate USG concern. quest a list of places to visit and people to their investigation conclusions. 07–13 July 1999: Assistant Legal Attache´ in interview in Ban Huay Xai. 8 June 1999: United States Ambassador in Bangkok heads up continuation of investiga- 27 August 1999: Interagency group meets at Vientiane meets with MFA Permanent Sec- tion in Thailand. the State Department to discuss next steps. retary to object formally to the Lao response 14 July 1999: Assistant Legal Attache´ trav- 01 September 1999: Embassy officials in on the welfare and whereabouts of Vang and els to Chiang Mai to continue investigative Vientiane submit a diplomatic note to Lao Ly. Ambassador also presses Lao to agree to efforts and to interview witnesses. officials with a list of locations and people to a joint United States-Lao investigation. 16 July 1999: see in Ban Huay Xai. State Department offi- 10 June 1999: United States Ambassador U.S. Charge in Vientiane raises the case cials try to facilitate FBI briefings for the calls on Lao Deputy Prime Minister and For- with the Lao MFA’s Permanent Secretary, families of the two missing Americans. eign Minister who indicates preliminary sup- who acknowledges the importance of the 02 September 1999: Senator Shelby, during port for a joint United States-Lao investiga- case and promises to follow up. a visit to Laos, presses the Lao Deputy tion of the case. United States Ambassador DIA briefs HIRC/SFRC staffers. Prime Minister and Foreign Minister to do urges Lao to make an official reply. 19 July 1999: U.S. Embassy Vientiane task everything possible to resolve this case. The 11 June 1999: United States officials in force meets to review investigative efforts Foreign Minister replied that the Lao gov- Vientiane postpone plans for travel to Bokeo and to consider next steps. ernment has no information the two entered to wait and see if the Lao will agree to a 20 July 1999: U.S. Embassy Vientiane con- Laos, but would continue its investigative joint investigation. tacts head of Lao team for joint investiga- efforts. 14 June 1999: Department of State officers tion for a meeting of the joint team to re- 07 September 1999: Congressman Mark from the East Asia and Pacific Affairs Bu- view findings and discuss next steps (per Green writes to the State Department to re- reau brief Congressional staffers (hosted by original investigation plan). Head of Lao quest the release of classified and other doc- office of Representative Ron Kind) on status team responds following day that other uments pertaining to Mr. Ly to the Ly fam- of missing Amcits case. members of joint team are out of town; a ily. 16 June 1999: Lao Ministry of Foreign Af- meeting day may be possible after Buddhist 09 September 1999: State Department offi- fairs Europe and Americas Department Act- Lent (July 28). cials meet with Dr. Vang Pobzeb of the Lao ing Director General informs United States 21 July 1999: Human Rights Council to discuss this case. charge that the Lao Government agrees to During her initial call on MFA America’s 13 September 1999: Article appears in Bang- the United States proposal to form a joint Department Director General, newly arrived kok Post entitled, ‘‘Cash-toting, armed U.S. investigation team to look into the case of U.S. Charge again reiterates Embassy con- men missing.’’ the missing Americans. Lao representation cern about this case. 17 September 1999: U.S. consular officer in on the team is still being decided by the min- Embassy formally requests a meeting of Vientiane meets with Lao MFA Consular Af- istries concerned. The United States side the U.S.-Lao joint investigative team. fairs Director to discuss Embassy’s out- will most likely include our Legal Attache 29 July 1999: Congressman Mark Green of standing request for second visit to Bokeo. or Assistant Legal Attache from Embassy Wisconsin sends a letter to the Department Lao officials apologizes for delay in respond- Bangkok, plus a consular officer, political of State requesting a meeting with members ing to Embassy’s August 30 dip note and officer and translator from Vientiane. of Houa Ly’s family. promises to respond soon in writing.

VerDate 29-OCT-99 03:27 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.090 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12025 20 September 1999: State Department offi- us who are concerned about human To our own State Department: Again, cial calls the Lao Embassy to request their rights. these men are U.S. citizens. Not sec- assistance in expediting the request for trav- My concern, my interest in this reso- ond-class citizens, but full U.S. citi- el to Bokeo. lution does, in fact, grow out of the zens. Show their families that citizen- 23 September 1999: Article appears in the plight of constituents of mine. Back Fresno Bee entitled, ‘‘Protesters seek return ship means something; give them the of Fresno man.’’ some months ago, April, two American information and give them the help 27 September 1999: EAP A/S Stanley Roth citizens, Mr. Houa Ly, who was from which they are entitled to. meets with Lao FM during the UNGA bilat- Appleton, Wisconsin, and Mr. Michael Finally, to the families of Houa Ly eral meeting to discuss this case. Embassy in Vang, who was from the district of the and Michael Vang, who are U.S. citi- Vientiane attempts to contact Consular Af- gentleman from Fresno, California (Mr. zens, we want them to know that they fairs chief at MFA to press for a response to RADANOVICH), were traveling along the are not forgotten. It may seem like our diplomatic note requesting the second Thai-Lao border, and they disappeared. precious little consolation; but here trip to Huay Xai. Eye witnesses suggest that they were today, before the public, we want them 01 October 1999: U.S. Charge in Vientiane last seen in the company of representa- calls on MFA Americas Acting DG to press to know that they are not forgotten. for a quick decision on the joint investiga- tives of the Lao government on a river We are remembering; we will push for- tion team’s proposed visit to Huay Xai. boat. All available evidence, whether it ward; and we will get some answers. 04 October 1999: Visiting Office Director for be those eye witnesses or the congres- Mr. LANTOS. Mr. Speaker, I yield 4 Burma, Cambodia, Laos, Thailand and Viet- sional research mission that the gen- minutes to the gentleman from Wis- nam meets with Permanent Secretary of the tleman from New York (Mr. GILMAN) consin (Mr. KIND), who has become one Lao MFA and Director-General of the Amer- referred to, or relevant nongovern- of the most effective foreign affairs icas department to press for a second trip to mental organizations, points, in fact, spokesmen on our side. Huay Xai. to the involvement of the Lao govern- 07 October 1999: Embassy officials in Vien- (Mr. KIND asked and was given per- tiane consult with Thai Embassy officials in ment in the disappearance of these two mission to revise and extend his re- Laos about this case. The Thai officials ex- citizens. marks.) press their concern and agree to continue to Since April, unfortunately, precious Mr. KIND. Mr. Speaker, I thank the work with the U.S. Embassy in Bangkok. little seems to have happened. The gentleman for yielding me this time, 08 October 1999: Lao MFA official calls in State Department has entered into a and I rise in strong support of this res- consular officer to discuss the trip to Huay joint investigation with the Lao gov- olution and commend my friend, the Xai. The GOL approved a second joint field ernment in this matter. The problem investigation with certain conditions. gentleman from Minnesota (Mr. is, of course, that is the very govern- VENTO), for authoring it. This resolu- 12 October 1999: Embassy Vientiane’s task ment that is likely to have been in- force meets to discuss the Lao government’s tion expresses the sense of the House of response. volved in the disappearance. Representatives with respect to democ- I would suggest to my colleagues 13 October 1999: Embassy Vientiane racy, free elections, and human rights that it should be no wonder that little consults with legat’s office in Bangkok and in the Lao People’s Democratic Repub- has happened in that investigation if, requests Department’s input before respond- lic. ing to Lao government. Department officials in fact, the Lao government was in- The Lao People’s Democratic Repub- meet with family members at a meeting volved. Let us not forget the Lao gov- lic is a one-party Communist state hosted by Rep. Green. ernment is a government with an atro- ruled by the Lao People’s Revolu- 14 October 1999: Department relays to Lao cious human rights record. Embassy our concerns about continued GOL tionary Party. The Lao People’s Revo- cooperation. b 1445 lutionary Party exercises absolute con- 15 October 1999: Department instructs Em- Is it any wonder that the investiga- trol over the state and its institutions. bassy in Vientiane to impress upon the Lao tion really has not gotten very far? Sadly, the Lao government is intoler- the need to set a date as soon as possible. The families involved have suffered 7 ant of political diversity and the exist- 18 October 1999: Embassy requests a meet- ence of political and religious groups ing of the join investigative team. months of near silence. They have been 22 October 1999: Embassy officials and told almost nothing about their loved or organizations with differing view- Legal Attache from Bangkok meet with Lao ones. Not only nothing from the Lao points. MFA Director of Consular Affairs to discuss government, which I guess is to be ex- Independent human rights organiza- second field trip to Huay Xai. The Lao offi- pected given its treatment of human tions, such as Amnesty International, cial does not commit to a date and requests rights issues, but also nothing, unfor- have testified before the Congressional a second meeting, to include more Lao offi- tunately, or almost nothing from our Human Rights Caucus that the Lao cials, for October 27, the next working day own government, from our own State government bars information from after the two day Lao holiday. flowing out of the country. In fact, for- 27 October 1999: Embassy officials meet Department, from America. It has got- with Lao officials to discuss issues of access ten so bad that these families have had eign journalists are assigned ‘‘mind- and conditions. The team is able to resolve to file a Freedom of Information Act ers’’ by the Lao government security most issues. The joint team is set to depart request to get any information at all, services to monitor their movements for Huay Xai November 14 or 15. even declassified information, and they and activities. This type of activity Mr. GILMAN. Mr. Speaker, I am are still waiting, weeks later, for a for- demonstrates the Lao government’s pleased to yield 5 minutes to the gen- mal response to their request. I hate to complete control over all institutions, tleman from Wisconsin (Mr. GREEN). say it, but I cannot help but wonder if including the media. Mr. GREEN of Wisconsin. Mr. Speak- these U.S. citizens were not of Hmong Mr. Speaker, Laos is the homeland of er, I want to begin by thanking the descent but perhaps of another ethnic more than 3,000 of my district’s con- gentleman from New York (Chairman group or race, perhaps we would be stituents. In fact, the State of Wis- GILMAN) for his help and leadership and taking this issue more seriously. consin has the second largest Hmong support on this issue. Of course, I need Why are we bringing this resolution population in the Nation. The Hmong to thank the gentleman from Min- forward? People often ask why it is assisted our Nation in our fight against nesota (Mr. VENTO) for his work au- that we make such statements of pol- Communist forces in southeast Asia. thoring this resolution. I think it is an icy here in the House. Well, they are, Since first coming to the United States important statement. in fact, that, statements of policy. in 1975, the Hmong community has con- I also want to thank the gentleman They are designed to send a public mes- tributed to our Nation’s economic pros- from Nebraska (Mr. BEREUTER). With- sage. So here goes. Here is a public perity and are dependable hard-work- out his hard work and leadership on message: To the government of Laos, ing members of Wisconsin’s work force. this, we would not have gotten to this we say that these men are U.S. citi- The Hmong are now raising a new point. He has done a tremendous job. zens. Any hope of an improved rela- generation of American citizens. De- Finally, I thank the gentleman from tionship with this country, in my view, spite this, Hmong-Americans are con- California (Mr. RADANOVICH) who was must ride upon the Laos government’s cerned about the continued human my partner in developing some of the willingness to answer questions and to rights violations that are practiced by language that was added in committee, help us determine the whereabouts of the Lao government on Lao Hmong, and he deserves the gratitude of all of these citizens. many of whom are members of their

VerDate 29-OCT-99 02:41 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.093 pfrm02 PsN: H16PT1 H12026 CONGRESSIONAL RECORD — HOUSE November 16, 1999 own family. While the Communist Lao think it behooves us to, in fact, step up European and trans-Atlantic institutions, in- government does not allow independent and to speak to the human rights of cluding the European Union and the North human rights observers in Laos, there the people that remain in Southeast Atlantic Treaty Organization (NATO), the highest foreign policy priority, and through are numerous reports of persecution Asia, especially these Hmong Ameri- active participation with the Visegrad Four, and abuse of the Lao people. Reports cans who are in Laos and who are suf- the Slovak Republic has undertaken efforts indicate that Lao Hmong families are fering under these consequences. These to promote stability in the region. often threatened; and many Hmong are promises on paper do not mean any- (5) The Government of the Slovak Republic reported to have been in prison, tor- thing unless they are translated into has stated its continuing support for the tured, and even killed. reality in terms of what is happening mission of NATO in supporting democratiza- In fact, last April, two Hmong Ameri- to the people, the minorities, in Laos. tion and stability across Europe, and the cans with U.S. passports and appro- Mr. LANTOS. Mr. Speaker, I have no Government demonstrated its commitment priate papers disappeared along the further requests for time, and I yield to these principles by fully cooperating with NATO during the recent conflict in Kosovo, Lao-Thailand border. According to back the balance of my time. allowing NATO full access to Slovak air- American eyewitnesses, men thought Mr. GILMAN. Mr. Speaker, I want to space, highways, and railways. to be Laotian security officials ab- thank the gentleman from Minnesota (6) The Slovak Republic subsequently pro- ducted the men. After more than 7 (Mr. VENTO) for his supportive and kind vided military engineers to assist the peace- months of joint investigation by the remarks. keeping force of NATO in Kosovo (KFOR), U.S. State Department, U.S. Embassies Mr. Speaker, I have no further re- approved a $2,000,000 humanitarian aid pack- in Laos and Thailand, the Lao and Thai quests for time, and I yield back the age for Kosovo, and housed over 100 refugees government, not a trace of the men balance of my time. from the conflict. The SPEAKER pro tempore (Mr. (7) The Government of the Slovak Republic have been found. This is intolerable has continually worked to retain civilian BALLENGER). The question is on the and unacceptable. It is imperative that control of its military through participation all information regarding the dis- motion offered by the gentleman from with NATO forces and has been an active appearance, whereabouts and current New York (Mr. GILMAN) that the House participant in the Partnership-for-Peace pro- circumstances of these two men are ex- suspend the rules and agree to the reso- gram. peditiously released and made public to lution, H. Res. 169, as amended. (8) The Slovak Republic has provided mili- the men’s families and to this Con- The question was taken. tary personnel for participation in and sup- gress. Mr. LANTOS. Mr. Speaker, on that I port of multinational peacekeeping oper- demand the yeas and nays. ations such as the United Nations operations Moreover, with the return of approxi- in Rwanda and Liberia. mately 1200 Hmong to their native The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- SEC. 2. POLICY TOWARD THE SLOVAK REPUBLIC. Laos from the Ban Napho refugee camp ant to clause 8 of rule XX and the It is the policy of the United States— in Thailand, we in Congress need to en- Chair’s prior announcement, further (1) to promote the development in the Slo- sure that these people are not sub- vak Republic of a market-based economy proceedings on this motion will be jected to retribution or oppression by and a democratic government that respects postponed. the hands of the Lao government. Pas- the rights of all of its citizens, regardless of sage of this resolution will send such a f ethnic background; and message. (2) to support the eventual integration of EXPRESSING UNITED STATES POL- the Slovak Republic into pan-European and Mr. Speaker, this resolution is an im- ICY TOWARD THE SLOVAK RE- trans-Atlantic economic and security insti- portant first step toward promoting PUBLIC tutions. and implementing better human rights Mr. GILMAN. Mr. Speaker, I move to SEC. 3. SENSE OF THE CONGRESS. standards and, hopefully, democracy in suspend the rules and agree to the con- It is the sense of the Congress that— Laos. The Hmong were America’s current resolution (H. Con. Res. 165) ex- (1) the Government of the Slovak Republic formed after the elections of September 1998 friends during our time of need, we pressing United States policy toward must not forget their sacrifices today. is to be commended— the Slovak Republic. (A) for its efforts to address the issue of This body and this Nation has a The Clerk read as follows: moral obligation to send a clear mes- proper treatment of its citizens, regardless of H. CON. RES. 165 ethnic background, particularly those of eth- sage that we are interested in the res- Resolved by the House of Representatives (the nic Hungarian background; toration and the respect of human Senate concurring), (B) for its efforts to improve the economic rights for the people of Laos and we SECTION 1. FINDINGS. situation in the Slovak Republic and for its will not tolerate business as usual by The Congress finds the following: efforts to accelerate the privatization of the Lao government. I would encourage (1) Elections held in May 1999 brought the state-owned enterprises in a fair and trans- all my colleagues to support this very first ever popularly elected President of the parent process; and important resolution. Slovak Republic to office and demonstrated (C) for its support for the North Atlantic Mr. LANTOS. Mr. Speaker, I yield the commitment of the Slovak people to full Treaty Organization (NATO) in the recent such time as he may consume to the economic reforms, democratic government, conflict in Kosovo; (2) the Government of the Slovak Republic gentleman from Minnesota (Mr. and western ideals. (2) The parliamentary elections held in should continue to implement programs that VENTO). September 1998 brought to office a coalition may qualify the Slovak Republic for en- Mr. VENTO. Mr. Speaker, I appre- government in the Slovak Republic which trance into the European Union and NATO ciate the ranking member yielding this has shown its commitment to economic re- and is to be commended for its continued time to me. forms through economic austerity measures support of the NATO effort to ensure sta- I just wanted to thank the gentleman approved in May 1999, increased foreign in- bility and democratization across Europe; from New York (Mr. GILMAN) for his vestments through privatization of markets and outstanding interest and support in that were formerly state controlled, and dis- (3) the United States should support efforts this and the chairman of the sub- cipline in government and currency policies. for the eventual integration of the Slovak Republic into pan-European and trans-Atlan- committee, the gentleman from Ne- (3) The Government of the Slovak Republic formed after the elections of September 1998 tic institutions and should view such inte- braska (Mr. BEREUTER), who provided has renewed efforts to ensure the proper gration as an important factor in consoli- extraordinary cooperation, I am deeply treatment of its citizens, regardless of ethnic dating democratic government and economic grateful, as well as, of course, our background, including those of ethnic Hun- stability in the Slovak Republic. Ranking Members, the gentleman from garian background through the placement of The SPEAKER pro tempore. Pursu- California (Mr. LANTOS) of the sub- three ethnic Hungarians in the cabinet of the ant to the rule, the gentleman from committee, and the gentleman from Government (including the Deputy Premier New York (Mr. GILMAN) and the gen- Connecticut (Mr. GEJDENSON), our for Human and Minority Rights), and tleman from California (Mr. LANTOS) Ranking Member. I very much appre- through the passage of the Minority Lan- each will control 20 minutes. guage Use Act on July 10, 1999, in accordance The Chair recognizes the gentleman ciate the cooperation. with European Union guidelines, which will I think it should be borne in mind take effect on September 1, 1999, to protect from New York (Mr. GILMAN). that but for these Hmong Americans the rights of all citizens. GENERAL LEAVE many other U.S. lives would have been (4) The Government of the Slovak Republic Mr. GILMAN. Mr. Speaker, I ask lost during the Vietnam conflict, and I has made Slovakia’s integration into pan- unanimous consent that all Members

VerDate 29-OCT-99 03:02 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.105 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12027 may have 5 legislative days within First of all, I want to commend my The greatest hope of the Slovak peo- which to revise and extend their re- friend and colleague, the gentleman ple at this time is to be fully inte- marks on House Concurrent Resolution from Florida (Mr. MICA), for taking the grated into Europe and to be accepted 165. initiative in introducing this resolu- into NATO. If they continue in their The SPEAKER pro tempore. Is there tion. democratic ways, which we are so de- objection to the request of the gen- Mr. Speaker, Central and Eastern Eu- lighted and pleased to observe on a tleman from New York? rope constitutes one of the most com- daily basis, it is certainly our hope There was no objection. plex, intriguing, and difficult parts of that the European Union will welcome Mr. GILMAN. Mr. Speaker, I yield this globe; and the Slovak Republic is them as a full and free member of the myself such time as I may consume. no exception. During the Second World newly united democratic Europe; and, (Mr. GILMAN asked and was given War, an independent fascist established in due time, they will be entitled to permission to revise and extend his re- Slovak Republic had a singularly dis- NATO membership and participation, marks.) mal record, resulting in the mass mur- which will strengthen their security Mr. GILMAN. Mr. Speaker, I am der of innocent people and the enthusi- and add to the collective strength of pleased to rise in support of House Con- astic participation in Hitler’s war ef- NATO. current Resolution 165 and to have forts. I strongly support this resolution, joined the gentleman from Florida (Mr. For a long period during the Cold Mr. Speaker. MICA) in introducing this measure ear- War, Slovakia, then part of the Czecho- Let me just say, in conclusion, that lier this year. slovakia, represented an oppressive last week a few of us had the pleasure Slovakia is an important country in Communist dictatorship. And while of meeting the new prime minister of the region of Central and Eastern Eu- there was a brief period in 1968, com- Slovakia, who represents the best rope; and for that reason, our Nation monly referred to as the Prague spring, democratic tradition of central and and our allies in the North Atlantic Al- during which communism attempted to Eastern Europe. We look forward to liance and the European Union have put on a human face, forces of repres- working with him and with his govern- sought to build a stronger relationship sion prevailed. During the last months ment in making Slovakia a full, effec- with Slovakia. of the Cold War, Czechoslovakia rep- tive, and democratic member of a The collapse of communism is, how- resented one of the most repressive united and democratic Europe. ever, a mere 10 years behind us, and the Communist regimes in Central and Mr. Speaker, I reserve the balance of fall of the Berlin Wall and the end of Eastern Europe. my time. the Communist regimes in Eastern Eu- b 1500 Mr. GILMAN. Mr. Speaker, I yield rope in 1989 was just the start of a very With the leadership of Vaclav Havel, myself such time as I may consume. difficult process for Slovakia and for who was joined by both Czech and Slo- Mr. Speaker, the gentleman from many other countries in that region. vak democrats, a Velvet Revolution Florida (Mr. MICA) helped to arrange a Even the most prosperous of those unfolded and Czechoslovakia became CODEL visit for us to Slovakia last countries, new democracies like Po- part of the democratic world. Shortly year at about this time. It was at his land, like Hungary, and the Czech Re- thereafter, these two parts of Czecho- insistence that we were the first public, continue to face difficult issues slovakia separated peacefully. CODEL delegation to visit Slovakia and challenges to reforms. But Slo- I think history will long remember since its independence. And we were vakia has had an added challenge, it the dramatic difference between the grateful for that opportunity. has not really existed as an inde- peaceful separation of the Czech and Mr. Speaker, I am pleased to yield pendent state for hundreds of years. Slovak republics and the bloody sepa- such time as he may consume to the After becoming independent in 1993, ration of the constituent republics of gentleman from Florida (Mr. MICA), the the newly independent state of Slo- the former Yugoslavia. sponsor of this resolution. vakia then experienced a political For years, Slovakia was run by an in- Mr. MICA. Mr. Speaker, first of all, I struggle that ensued between those dividual of no democratic convictions, would like to thank and express my ap- who want to integrate Slovakia into a man by the name of Meciar. Those of preciation to the gentleman from New pan-European and transatlantic insti- us who had the opportunity of visiting York (Chairman GILMAN) for both his tutions by carrying out real reforms, with him in Bratislava time and time expeditious consideration and handling and those who, while calling for such again were appalled at his total failure, of this resolution today and also for his integration, actually made such re- unwillingness, or inability to under- personal support of Slovakia as it forms difficult to achieve. stand the new winds of democracy that moves forward to take its place among The parliamentary elections of Sep- are blowing throughout Europe. the universe of free, independent, and tember 1998 brought to power a new co- Last year, new parliamentary elec- democratic nations. alition government, a government that tions were held in Slovakia and a It is my honor, as an American of appears to be working toward imple- democratic coalition government came Slovak heritage, to speak in support of menting genuine reform and ensuring to power. We are here to congratulate and also to help author House Concur- that the rights of all the citizens of and wish the very best to that demo- rent Resolution 165. Slovakia are respected regardless of cratic government. I also want to pay tribute to the gen- ethnic background. Earlier this year, Mr. Speaker, the tleman from California (Mr. LANTOS), Mr. Speaker, I believe that this reso- people of the Slovak Republic chose in serving as the ranking member of the lution is a timely expression of our free elections their first ever popularly Committee on International Relations, support for the new government in Slo- elected president; and we are here to and thank him for his kind words in vakia and for the process of economic salute him. support of this resolution and also in and political reforms in that country. The new government of the Slovak support of the great progress the Slo- It also makes it clear that the United Republic has recognized the equal vak Republic and Slovak people have States supports Slovakia’s eventual in- rights of all ethnic minorities. It has made in the last few years. tegration into the pan-European and recognized the importance of the free- There are a few people on the Com- transatlantic community of Demo- dom of religion, freedom of press, free- mittee on International Relations or in cratic states. dom of speech, freedom of association, the Congress who are more familiar Mr. Speaker, I fully support the pas- freedom to create political organiza- with this area than the gentleman sage of this resolution, and I urge my tions to provide a vehicle for the peo- from California, so his words are par- colleagues to join in support. ple of Slovakia to advocate their views. ticularly well taken today. Mr. Speaker, I reserve the balance of During the recent engagement in Mr. Speaker, neither fate nor history my time. Kosovo, the Slovak authorities granted could provide a better time than today, Mr. LANTOS. Mr. Speaker, I yield NATO full access to Slovak airspace, November 16, for consideration of this myself such time as I may consume, highways and railways; and Slovakia resolution by the United States Con- and I rise in strong support of this res- provided military engineers to assist in gress. It was exactly 10 years ago today olution. our peacekeeping efforts in Kosovo. that Slovak students took to the

VerDate 29-OCT-99 02:41 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.071 pfrm02 PsN: H16PT1 H12028 CONGRESSIONAL RECORD — HOUSE November 16, 1999 streets of their capital, the city of their parties who helped make this in the year that has passed, we can not say Bratislava, to demonstrate against progress possible. that this government is not simply united in its Communist domination and plead for Finally, the location of Slovakia in opposition against the former regime, it is freedom and self-rule. Europe is critical to the future of united in its commitment for democracy, for This month in the Slovak and also in NATO and our Western security alli- the rule of law, for a free market economy, for the Czech capitals, the two presidents ances. a transparent privatization process that is ac- of those nations, their citizens, world Please note, and I brought this along countable to the people, and for a community leaders, and even our United States because many people do not know of democracies dedicated to the protection of Secretary of State, Madeleine where Slovakia is, but it was part of their common security. Albright, will gather to celebrate the the Czech Republic. It is located be- Mr. Speaker, the process of transition that 10th anniversary of the Velvet Revolu- tween Poland, Hungary, and Austria. Slovakia struggles with today is not an easy tion. Its capital, Bratislava, is less than 40 one. In fact, many of the commemorations And just in Washington during the miles from Vienna. And we can see held this month to celebrate the fall of the Ber- past few weeks, we have been cele- with that strategic location that it is lin Wall and the end of communism have fo- brating from the White House to the so important that the Czech Republic, cused on just how difficult this transition has Congress to Embassy Row that special that Poland and Hungary, which are been, including for Slovakia's closest neigh- revolution that took place in the Czech now part of NATO, have also included bors. In spite of this, the Slovak Government and Slovak Republic. That occasion the Slovak Republic, which is in this has proceeded to make some very tough deci- and this resolution by Congress are island in between. sions this year. I am particularly impressed by special for every one of the millions of For the future security of both Slo- the willingness of Prime Minister Dzurinda to Slovak Americans and also for the peo- vakia and this region, it is indeed im- make decisions that, while necessary for the ple of the Slovak Republic. portant that we support Slovakia as it long term, economic well-being of his country, This resolution properly recognizes seeks to join Western security and may be very politically unpopular in the short the accomplishments of Slovakia’s international free markets in the West. term. That takes courage. government during the past year. What Mr. GILMAN. Mr. Speaker, I reserve I know, of course, that Slovakia still has a many fail to comprehend or understand the balance of my time. lot of work ahead. As in most other European is the centuries of domination and dif- Mr. LANTOS. Mr. Speaker, I yield countries, there is much that should be done ficulty that have been endured by the myself such time as I may consume. in Slovakia to improve respect for the human Slovak people to reach this day of rec- Mr. Speaker, in closing debate on our rights of the Romani minority. But there is ognition. side, I too want to remember those much that Slovakia has accomplished in the After a millennium of domination heady days 10 years ago when the gen- past year andÐespecially as someone who from Prague, Vienna, Budapest, Mos- tleman from Missouri (Mr. GEPHARDT), has been critical of Slovakia in the pastÐI cow and Berlin, the sovereign Slovak the distinguished Democratic leader, want to acknowledge and commend those Republic now stands as an independent, and I visited the capital of the then achievements. Mr. Speaker, I hope others will free, and democratic nation. Despite Czech-Slovak Republic. We had the op- join me in sending this message and will sup- incredible attempts over those cen- portunity of marching with the stu- port H. Con. Res. 165. turies to destroy the culture, heritage, dents as they were demanding democ- Mr. STUPAK. Mr. Speaker, I am pleased and language of the Slovak people, racy, as they were calling for their today to be able to speak on behalf of this their spirit has somehow miraculously hero, Vaclav Havel, to be placed in the resolution. I trace my own ancestry to an area survived. palace up on the hill, symbolically of what is now the Slovak Republic, and I Since January 1, 1993, its first day of demonstrating that at long last democ- watch with interest and concern developments independence, Slovakia has worked to racy has returned to the Czech-Slovak in this area of Europe. There are dangers and threats to these new align itself with free markets and with Republic. democracies, which were created from the to- Western security arrangements. With It is indeed a joyous occasion when a talitarian governments of the former Soviet the great progress that we recognize in democratic Czech Republic and the satellite nations. These threats stem from eco- this resolution, it is my hope and the democratic Slovak Republic can come nomic disparities, disappointment in the pace prayer of many that Slovakia will take to the United States to be honored and of growth, old ethnic animosities, and untested its rightful place among the most re- congratulated for their achievements. political structures. As we close this debate, we all wish spected nations of the world. That is why, Mr. Speaker, it is important that the Czech people and the Slovak people Last week, the Slovak Republic’s the Congress of the United States, the world's prime minister, Mikulas Dzurinda, a truly democratic and prosperous foremost democracy, commend the govern- placed the first bust of a patriot and future. ment of the Slovak Republic for its efforts to freedom fighter in the Ronald Reagan Mr. SMITH of New Jersey. Mr. Speaker, as address the issue of minority rights and im- Building’s Woodrow Wilson Center. chairman of the Helsinki Commission, I prove the economic well-being of all its citi- Thirty-one years ago, that Slovak free- watched for several years as the human rights zens. dom fighter, Alexander Dubcek, held situation in Slovakia deteriorated under the I would also like to commend the former the 1968 rebellion against Communism leadership of former Prime Minister Vladimir government of Vladimir Meciar for its role in that was crushed by Soviet tanks. Meciar. I saw how the fledgling democratic in- guiding the Slovak Republic through its early Today, we in Congress hope to re- stitutions of that new country were under- days of democracy. I know that politics often move some of those last shackles that mined, how parliamentary and constitutional sharpens the public dialogues and that the have held back the Slovak people. It is processes were threatened, and how the rule many voices of democracy often contain my hope that this resolution will honor of law was slowly but surely choked. I, joined words of rancor and ill-will. However, as out- them as they march forward to meet by colleagues from the Commission, raised side observers, we can look with favorÐand their rightful destiny. these issues time and again with Slovak offi- favor with our praiseÐpeaceful transitions of I would like to at this time also pay cials, as did other officials of the U.S. Govern- power and the subservience of the machinery some very special recognition to the ment. Unfortunately, Mr. Meciar was not very of government to the will of the people. first popularly elected Slovak presi- receptive to our arguments. I encourage all my colleagues to support dent, Rudolph Schuster. As my col- As it happened, however, the fate of the this resolution with the same hope that I feel leagues heard, they elected their first democratic process in Slovakia was not left to for the future of the Slovak Republic, of East- independent president by popular elec- the tender mercies of Vladimir Meciar. A year ern Europe, and of young democracies every- tion this spring. ago, the people of Slovakia took matters into where. I would also like to recognize the ac- their own hands. In an election carefully mon- I look forward to that best measure of suc- complishments of Prime Minister itored by the OSCE, voters returned to office cess, the full integration of the Slovak Repub- Dzurinda, the former United States a coalition government that ended Meciar's in- lic into the community of Europe. ambassador Ralph Johnson, the former creasingly authoritarian rule. Mr. LANTOS. Mr. Speaker, I yield Slovak ambassador Lichardus, and cur- Initially, this broadly basedÐsome might back the balance of my time. rent Ambassador Butora and all of the even say weakÐcoalition seemed to stand Mr. GILMAN. Mr. Speaker, I yield Slovak parliamentarians from each of only for one thing: it was against Meciar. But back the balance of my time.

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.075 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12029 The SPEAKER pro tempore (Mr. port of humanitarian assistance to alleviate The SPEAKER pro tempore. Is there SHIMKUS). The question is on the mo- suffering among the civilian population, in- objection to the request of the gen- tion offered by the gentleman from cluding facilitating the movement of per- tleman from New York? sonnel and resources to such tasks’’, and New York (Mr. GILMAN) that the House There was no objection. paragraph 36, which states, ‘‘If recourse to suspend the rules and agree to the con- force cannot be avoided in performing inter- Mr. GILMAN. Mr. Speaker, I yield current resolution, H. Con. Res. 165. nal security missions, each participating myself such time as I may consume. The question was taken. State will ensure that its use must be com- Mr. Speaker, I support the resolution Mr. LANTOS. Mr. Speaker, on that I mensurate with the needs for enforcement. introduced by our colleague, the gen- demand the yeas and nays. The armed forces will take due care to avoid tleman from New Jersey (Mr. SMITH). I The yeas and nays were ordered. injury to civilians or their property.’’; believe that it makes important points The SPEAKER pro tempore. Pursu- Whereas the conflict in the North Caucasus with regard to the current hostility in ant to clause 8 of rule XX and the may threaten democratic development, the the region of Chechnya and Russia. Chair’s prior announcement, further rule of law, and respect for human rights throughout Russia; b 1515 proceedings on this motion will be Whereas authorities in Moscow and other postponed. Most importantly, this measure calls cities of the Russian Federation have used attention to the tens of thousands of f terrorist bombings as a pretext to intensify a campaign against individuals from the innocent civilians who are suffering EXPRESSING GRAVE CONCERN RE- North Caucasus region, including the deten- terribly due to the Russian govern- GARDING ARMED CONFLICT IN tion and forcible expulsion of such individ- ment’s indiscriminate use of force, and NORTH CAUCASUS REGION OF uals from these cities; and that Russia is violating its own com- RUSSIAN FEDERATION Whereas in response to Russian attacks mitments as a member state of the Or- Mr. GILMAN. Mr. Speaker, I move to the elected Government of Chechnya has de- ganization on Security and Coopera- clared its solidarity with renegade Chechen suspend the rules and agree to the con- tion in Europe. This resolution states forces in opposing Russian attacks: Now, the obvious. current resolution (H. Con. Res. 206) ex- therefore, be it pressing grave concern regarding Resolved by the House of Representatives (the A peaceful settlement is what is re- armed conflict in the North Caucasus Senate concurring), That the Congress— quired in Chechnya if the suffering of region of the Russian Federation which (1) urges the Government of the Russian those innocent civilians is to end soon. has resulted in civilian casualties and Federation and all parties to cease the indis- This resolution also states, and I think internally displaced persons, and urg- criminate use of force against the civilian quite appropriately, that there has ing all sides to pursue dialog for peace- population in Chechnya, in accordance with been a wave of internal lawlessness and commitments of the Organization for Secu- ful resolution of the conflict, as kidnappings within Chechnya in recent rity and Cooperation in Europe; years and an armed attack on a neigh- amended. (2) urges all parties, including the Govern- The Clerk read as follows: ment of the Russian Federation, to enter boring region of Russian by extremist H. CON. RES. 206 into negotiations on the North Caucasus forces from Chechnya. Although that Whereas during the Russo-Chechen War of conflict with legitimate political representa- does not excuse the current military 1994–1996, Russian Federation military forces tives of the region, including President actions by Russia in Chechnya, it un- used massive force against civilians in Maskhadov and his Government, and to avail derlines why there is no clear con- Chechnya, causing immense human casual- itself of the conflict prevention and crisis sensus yet as to what the international ties, gross human rights violations, large- management capabilities of the Organization community should do with regard to scale displacement of individuals, and de- for Security and Cooperation in Europe, this latest conflict in that region. struction of property; which helped broker an end to the 1994–1996 War; However, I would like to take this Whereas Chechnya has been the site of in- opportunity to state my belief that the ternal lawlessness and numerous kidnapings, (3) urges the Chechen authorities to use including that of United States citizen Fred every appropriate means to deny extremist latest Russian military offensive will Cuny, whose exact fate is still unknown; forces located in its territory a base of oper- very likely do little to address the un- Whereas in recent months, extremist ations for the mounting of armed incursions derlying causes of instability in the forces based in Chechnya have mounted that threaten peace and stability in the North Caucasus region and indeed armed incursions into the adjacent Russian North Caucasus region; throughout Russia. Those underlying Federation Republic of Dagestan and at- (4) urges the Chechen authorities to create problems include vast corruption at all tempted to establish a political entity there- a rule of law environment with legal norms based upon internationally accepted stand- levels of the Russian government and in against the wishes of the majority of the an absence of real economic reforms, population of Dagestan; ards; Whereas almost 300 persons have died as a (5) cautions that forcible resettlement of allowing the North Caucasus region to result of unsolved terrorist bombings in Rus- internally displaced persons would evoke slip into grinding poverty that is in sia that coincided with the armed incursions outrage from the international community; turn breeding yet more instability. into Dagestan and Russian authorities have (6) urges that the Government of the Rus- This resolution, Mr. Speaker, makes attributed the terrorist bombings to Chechen sian Federation seek and accept inter- several important statements; but I insurgents; national humanitarian assistance to allevi- would specifically point out the resolu- Whereas the United States recognizes the ate the suffering of the internally displaced persons from Chechnya, so as to reduce the tion’s statement that Russia’s use of territorial integrity of the Russian Federa- indiscriminate force in Chechnya is in tion; risk of civilian casualties; and Whereas Russian Federation armed forces (7) calls on the Government of the United direct violation of its commitments as have conducted armed attacks against States to express to all parties the necessity a member state of the Organization on Chechnya and positioned forces with the of resolving the conflict peacefully, with full Security and Cooperation in Europe, stated intention of sealing Chechnya’s bor- respect to the human rights of all the citi- just as its previous military operation ders and creating a security zone in the re- zens of the Russian Federation, and to sup- in Chechnya was in violation of those gion; port the provision of appropriate inter- OSCE commitments. I would also note national humanitarian assistance. Whereas such attacks and indiscriminate that Russia has violated the treaty on and disproportionate use of force have The SPEAKER pro tempore. Pursu- conventional forces in Europe in the harmed innocent civilians and given rise to ant to the rule, the gentleman from over 100,000 internally displaced persons, course of this operation. New York (Mr. GILMAN) and the gen- most of whom have escaped into neighboring The summit of the OSCE heads of regions of Russia; tleman from California (Mr. LANTOS) state is to be held in Istanbul within Whereas such indiscriminate attacks are a each will control 20 minutes. the next few days. Mr. Speaker, it is violation of paragraph 19 of the Code of Con- The Chair recognizes the gentleman time for our government to call Russia duct on Politico-Military Aspects of Secu- from New York (Mr. GILMAN). to task for its violation of those OSCE rity, approved at the 1994 Summit of the Or- GENERAL LEAVE commitments and its disregard for the ganization for Security and Cooperation in Mr. GILMAN. Mr. Speaker, I ask CFE treaty, a treaty that, in fact, has Europe, held in Budapest, Hungary, which states that in the event of armed conflict, unanimous consent that all Members already been revised to meet the Rus- participating States ‘‘will seek to create may have 5 legislative days within sian demands. The OSCE summit is a conditions favorable to the political solution which to revise and extend their re- perfect venue in which to do just that. of the conflict. They will cooperate in sup- marks on H. Con. Res. 206. We may not see it on our television

VerDate 29-OCT-99 04:14 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.078 pfrm02 PsN: H16PT1 H12030 CONGRESSIONAL RECORD — HOUSE November 16, 1999 screens, but many innocent people are costing the lives of several hundred in- But this does not justify reactivating suffering terribly from the indiscrimi- nocent civilian citizens of the capital a war against a civilian population in nate force used by Russia in Chechnya city of Moscow. But the reaction has Chechnya. Several news reports have, as well as from the extremism of some been indiscriminate and excessive. It is in detail, described the air raids and of those on the Chechen side. It is time out of proportion to anything the ter- the artillery shelling of noncombatant to bring the two sides to the table. As rorist tragedy has created in Moscow. villages, homes, and farms. The No- this resolution points out, the OSCE It is clear that the current Russian vember 6 edition of the Guardian, for can help, if Russia lives up to its com- government is taking full advantage of example, in Great Britain said, and I mitments. Accordingly, Mr. Speaker, I a patriotic upsurge which has swept quote, missiles smash into a crowded would support adoption of this motion Russia in the wave of these terrorist marketplace, killing and maiming hun- suspending the rules and passing this attacks to put an end once and for all dreds. A tank shell explodes among a resolution. to Chechen extremism. Nevertheless, group of village boys playing football; Mr. Speaker, I reserve the balance of Russia is a civilized country and it is seven die, others lose legs or eyes. Or- my time. high time it returned to civilized be- phans of an earlier war shake and sob Mr. LANTOS. Mr. Speaker, I yield havior. It must accept European ob- with terror as warplanes on bombing myself such time as I may consume. I servers who have been excluded from runs boom low over their outdoor rise in strong support of H. Con. Res. many territories where the warfare camp. 206. currently is unfolding, it must accept Mr. Speaker, the death toll is in the Mr. Speaker, first I want to commend western humanitarian aid, and it must hundreds, perhaps thousands, and the my good friend and distinguished col- cooperate with the civilized world in number of internally displaced persons league the gentleman from New Jersey seeing to it that the innocent people of is now put at around 200,000. This fig- (Mr. SMITH), chairman of the Sub- Chechnya get through this very dif- ure, of course, does not include those committee on International Operations ficult, very cruel winter which is so persons trapped in the besieged and Human Rights of the Committee typical of that area. Chechen capital of Grozny. Many of on International Relations for intro- I believe, Mr. Speaker, also, that our these are elderly ethnic Russians with ducing this resolution. It is a resolu- government officially must take cog- absolutely nowhere to flee. The govern- tion which is overdue, and it is a reso- nizance of what is happening in ment of Chechnya has not been en- lution which I honestly hope this body Chechnya. There is no way of averting tirely blameless as my friend from will pass unanimously. our eyes from what is, in fact, a blood- California pointed out earlier in this The issue is not a simple one, Mr. bath unfolding in the Caucasus. I call situation. Since achieving de facto Speaker, and not all the angels are on on our government to join us in the independence from Russia in 1994, one side, if indeed there are any angels Congress in expressing its displeasure Chechnya has degenerated into a mo- on any side of this conflict. Extremist, with the current Russian government rass of lawlessness and violence with a terrorist fundamentalists from which pursues a policy of indiscrimi- government powerless to establish law Chechnya a few months ago invaded a nately killing large numbers of inno- and order and an economy unable to re- neighboring republic, with extravagant cent civilians. cover from the devastation of war. statements, threats, visions of great Mr. Speaker, I reserve the balance of Mr. Speaker, specifically H. Con. Res. conquests. It was easily predictable my time. 206 urges the government of the Rus- Mr. GILMAN. Mr. Speaker, I am that having humiliated Russia once be- sian Federation and all parties to cease pleased to yield such time as he may fore, 4 years ago in the first Russian- the indiscriminate use of force against consume to the distinguished gen- Chechen war, they will not get away the civilian population in Chechnya. tleman from New Jersey (Mr. SMITH), The government of Russia and all par- with it this time. the chairman of the Subcommittee on And for a whole set of complex rea- ties are urged to enter into negotia- International Operations and Human sons, including internal political rea- tions and to avail themselves to the ca- Rights who is the sponsor of this reso- sons of the current prime minister, Mr. pabilities of the OSCE which helped lution. Putin, Russia has decided to finally put broker the end of the war in 1996. Mr. SMITH of New Jersey. Mr. Additionally, this resolution calls an end to Chechnya as a military enti- Speaker, I want to thank the gen- upon Chechen authorities to make ty. This resolution properly calls on tleman from New York (Mr. GILMAN) every effort to deny bases to radical the Russian Federation to stop this in- the chairman of the full committee and elements committed to violent actions discriminate and brutal assault on the the gentleman from California (Mr. in the North Caucasus and urges civilian population of Chechnya with LANTOS) for their eloquent remarks Chechen authorities to create a rule of vast numbers of utterly innocent today. law environment with legal norms Chechens, men, women, and children, Mr. Speaker, I rise in very strong based on internationally accepted dying, being maimed, made homeless support of H. Con. Res. 206. This resolu- standards. as the winter approaches. tion addresses an issue of utmost ur- Finally, H. Con. Res. 206 calls upon As a matter of fact, there is reason- gency, the war in Chechnya and the our own government to express to all able anxiety, Mr. Speaker, that the plight of innocent people caught in the parties the necessity of resolving the tens of thousands of refugees from and Russian military onslaught. In August conflict peacefully and to express the within Chechnya, displaced persons, and September of this year, Islamic ex- willingness of the U.S. to extend appro- will not even have the tentlike protec- tremists based in Chechnya, inde- priate assistance toward such resolu- tion that we were planning for the dis- pendent of the government of tion, including humanitarian assist- placed people of Kosovo just a few Chechnya, twice staged armed incur- ance as needed. months ago. I think it is appropriate sions into the neighboring Russian Mr. Speaker, I commend to the read- for the United States Congress to call Federation Republic of Dagestan with ing of my colleague an excellent article on Russia to terminate this brutal, the intent of creating a separate polit- in the Wall Street Journal, an op-ed nondiscriminating military assault on ical entity within Dagestan. piece by Zbigniew Brzenski who, as we a whole people, to accept the medi- In response, the Russian government all know, was National Security Advi- ation of the Organization for Security has sent its army to reoccupy sor and a very prominent and and Cooperation in Europe, and to rec- Chechnya, an area that had won de insightfull leader is in international af- ognize that as a major power, it has a facto independence from Russia as a re- fairs. He points out that unlike the responsibility for the safety of all the sult of a very bloody war from 1994 to earlier war, this time the Russians citizens living within its borders. 1996. The Russian government is justi- have no intention of engaging in costly Now, I understand, Mr. Speaker, the fied in rebuffing armed aggression street fighting against the entrenched annoyance and irritation that the Rus- against its territorial integrity. More- and determined Chechens. sian leadership and the people of Rus- over, one can certainly sympathize Instead, their plan is to use new sia felt. I was in Moscow a few weeks with Russia’s frustration when un- weapons to launch devastating attacks ago when presumably Chechen terror- solved bombings kill almost 300 persons from a safe distance. Using a combina- ists engaged in terrorist activities, in Russia. tion of explosives and chemical agents,

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.080 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12031 they will aim to wipe out the thou- excellent idea, and I would hope that My colleague from New Jersey made sands of Chechen fighters squeezed by the Congress would consider it when comments that pointed out Mr. Russian pressure into compressed the next session opens in January. Brzezinski’s comments, that so far, the urban ruins. There have been reports Finally, in an editorial entitled ‘‘No Clinton administration has been cal- that gas masks have already been dis- Funds for Russia’s War,’’ this past Sun- lously passive to this zone of death tributed to the Russian troops. Among day, the Washington Post called for an that is being talked about over in the new weapons will be so-called fuel end to IMF funding for Russia and Prague just a few hours ago. air explosives which blanket targeted wrote, and I quote: ‘‘Few would oppose What I think is interesting is that terrain with a flammable vapor cover a Russian campaign to eliminate ter- this same administration said that and following a massive explosion pre- rorism, the stated purpose of the mili- what is going on in Kosovo is abso- cipitate a lethal vacuum. Even deeply tary campaign. But Russia’s violence lutely unacceptable based on world dug-in Chechens will be exterminated. against Chechen civilians has become standards today; and, therefore, we The cumulative result of this tragedy so indiscriminate and massive that no have to do something about it. They one can take seriously any longer the will be the killing of most fighting-age led the effort toward $15 billion of tax- official justifications. Just on Friday, a Chechen males. Mr. Brzenski goes on to payer money being spent over there to Russian prime minister flatly stated state and I quote, so far the Clinton ad- do something about it; they led the ef- that ‘‘Chechnya’s capital will be ministration has been callously passive fort in aircraft carriers and submarines destroyed.’’ while international reaction has been and jets going over there to do some- muted even though a Russian success I urge support for the resolution. Mr. LANTOS. Mr. Speaker, I yield thing about it. Yet, in this episode, in the war would have wide and nega- they are very, very quiet. There is just tive consequences. Then he goes on to myself such time as I may consume. As we approach the millennium, a huge inconsistency there. I think further develop that case. there will be a great deal of glib ora- that this resolution gets at that Mr. Speaker, I want to emphasize tory about this new and civilized and inconsistency. that this resolution is not anti-Russian highly developed society that we have The other thing that this resolution or pro-Chechen. Many observers who evolved. But we are getting too many gets at is the fact that with these civil- wish to see a prosperous and demo- reminders almost on a monthly basis ian atrocities, I think that there is cratic Russia have been deeply dis- from Kosovo to East Timor and now to breach of the Helsinki agreement, turbed by the present campaign in Chechnya that man’s inhumanity to there is breach of the Geneva Conven- Chechnya. Recently, the chairperson of man has taken no pause. tion, there is breach of a number of dif- the Moscow Helsinki Group, Ludmilla As we enter the 21st century, it will ferent international standards that Alexeeva, and Dr. Elena Bonner and be increasingly clear that the domi- Russia has signed on to, and the result several other prominent human rights nant theme of the next century will be of the signing of those agreements is activists in Russia issued an appeal in the struggle for human rights wherever that it is then permissible for them to which they condemned the Russian they are violated, in Kosovo, in East get U.S. taxpayer funding indirectly government for having chosen full Timor, in Chechnya, in Cuba, in Tibet, through the IMF. I think the answer scale war in Chechnya as the means to in China, wherever the ruling authori- has to be a very strong no. fight terrorism. ties, using their power, attempt to As we may remember, last year Rus- b squash and destroy and eliminate and 1530 sia received $4.5 billion through the pulverize those who choose to disagree The appeal states, and I quote, ‘‘We IMF; and indirectly, that means Amer- with them. believe that authorities’ actions will This episode we are dealing with icans are helping to finance these not solve the problem in Chechnya. today is far from Washington, but it is atrocities. So I think there is a giant The most that they will accomplish not far from our central concerns, be- inconsistency here. The issue needs to will be a long-term occupation of cause clearly, we cannot have normal be raised. This resolution does so. Chechnya which will deform Russian relations with Russia, as much as we I thank the chairman for both grant- democratic institutions and will once would like to, as long as the Russian ing me the time and for leading the ef- and for all transform Russia into a po- government perpetrates a policy of in- forts on this. lice state,’’ close quote. discriminate slaughter. Innocent Mr. GILMAN. Mr. Speaker, I have no Mr. Speaker, last week the State De- Chechen children are dying as we further requests for time, but I am partment accused Moscow of failing to speak, and it is the responsibility of pleased to yield such time as he may meet human rights standards set out in the Congress to speak out on this issue. consume to the gentleman from Cali- both the Geneva Conventions and the I strongly urge my colleagues to sup- fornia (Mr. LANTOS). codes of conduct of the OSCE, a very port this resolution. Mr. LANTOS. Mr. Speaker, I appre- welcome statement on behalf of our Mr. Speaker, I yield back the balance ciate the gentleman yielding me this government. Unfortunately, when At- of my time. torney General Janet Reno visited Mr. GILMAN. Mr. Speaker, I yield time. Moscow last month, her evasive com- such time as he may consume to the I will respond to my friend who has ments about the war in Chechnya gentleman from South Carolina (Mr. just spoken, because this is the last prompted the October 23, 1999, edition SANFORD), a member of our Committee time to engage in cheap partisan rhet- of the Moscow Times to conclude that, on International Relations. oric. There is an enormous difference and I quote, ‘‘Reno’s Quiet Gave War a Mr. SANFORD. Mr. Speaker, I rise in between Kosovo and Chechnya; and the Green Light.’’ Hopefully, the adminis- support of this resolution, because I difference between Kosovo and tration will continue, as it has begun think it makes common sense and be- Chechnya is not the difference in the now, to speak with one voice in the fu- cause I think that it points out two suffering of the innocent civilians, but ture and to avoid any such mixed glaring inconsistencies that need to be in the obvious fact that Russia today messages. addressed. I think that what this reso- has a vast reservoir of nuclear weap- Meanwhile, Mr. Speaker, criticism of lution really gets at is, first of all, pro- ons; it is still a nuclear superpower. It Russia’s actions in Chechnya is mount- claiming that what is going on over would be utterly irresponsible on the ing throughout the world. From the there is not okay. part of our government not to recog- European Union and the Council of Eu- Mr. Speaker, it is interesting to me nize this difference. We simply cannot rope to the United Kingdom, Germany that the Chechen foreign minister ignore or pretend that we are unaware and Canada; the government of Bah- came out in today’s press conference, of military realities. We have taken on rain is reportedly taking steps to have actually in Prague with Radio Free Eu- the regime of Milosevic because this the humanitarian situation in rope and Radio Liberty, and his words was a dictatorship of most limited Chechnya considered by the U.N. Secu- were these: ‘‘Moscow is creating a military capabilities. No one in his rity Council. The proposal to win IMF Chechnya, basically around a zone of right mind would advocate engaging in funding for Russia while it continues total destruction in which everything military action against a nuclear- its bloody outrage in Chechnya is an that moves is doomed to death.’’ equipped Russia.

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.083 pfrm02 PsN: H16PT1 H12032 CONGRESSIONAL RECORD — HOUSE November 16, 1999 What we have to do is what we are been a disparity where the administra- We were in the village of Samashki doing here and what our administra- tion has been concerned in talking where a massacre took place, and the tion is doing: denouncing the uncivi- about the human rights of Kosovars people came up and told us about the lized actions of the Russian military; and the human rights of the people in Russian soldiers who came into the vil- calling for a cease-fire; calling for the Chechnya. All I am suggesting is that lage and took the heroin that they Russians to accept Western assistance maybe if we looked at a squeeze on carry when they are wounded and so that the long-suffering people of IMF funding, it might get their atten- mixed the heroin with fruit juices and Chechnya will be able to get through tion. That is all I am raising. injected it into their veins and shot up this winter. Mr. LANTOS. Mr. Speaker, if I may the whole time. We have pictures of the We did not start the war in reclaim my time, I am very happy to town on video. We have the interviews Chechnya, neither did Congress nor have this clarification from my friend. with the people. Now, if my colleagues this administration. Chechen terrorists It is important to be discriminating looked at The Washington Post the started this particular military en- in the arena of foreign policy. When other day, the Russian soldiers have gagement, and to take this opportunity the outrages are perpetrated by gone back into the same town and have to slam the administration, I think, is Milosevic and his thugs, there are no bombarded the town. overriding reasons why the United singularly inappropriate and out of b 1545 place. States should act with great caution or This body is effective when it speaks should speak with great caution. With So rather than laying blame, al- with a bipartisan voice. respect to Russia, we have a tremen- though I do think the administration Mr. GILMAN. Mr. Speaker, would it dous range of issues on the plate, most could have done more, I think it would be possible for the gentleman from importantly the presence of tens of be important to do what the gentleman California, Mr. LANTOS, to get his time thousands of nuclear weapons in Rus- from South Carolina (Mr. SANFORD) back? sian possession. It would be utterly ir- said, what I heard him say, which is to The SPEAKER pro tempore (Mr. responsible for our government not to put some pressure on the government SHIMKUS). The gentleman may request be cognizant of this fact in taking posi- with regard to aid. unanimous consent to retrieve his tions on the matter of Chechnya. I think the situation is different than time. If my friend will look at the state- Kosovo, although I was one of the 31 Mr. LANTOS. Mr. Speaker, I ask ments of the appropriate officials of Republican Members that voted for the unanimous consent to reclaim my our Department of State and the White bombing of Kosovo. But there are a time. House on this issue, he will find to his large number of people, and I believe The SPEAKER pro tempore. Is there satisfaction that the Chechen outrages for many, the fact that Chechnya is so objection to the request of the gen- have been denounced by our govern- far away and the fact that they are tleman from California? ment as they should have been; but at Muslims and the fact that few people There was no objection. the same time, a different policy is have visited there, the fact that very Mr. GILMAN. Mr. Speaker, how called for vis-a-vis Serbia and vis-a-vis few people are willing or able to speak much time do I have remaining? Russia. out on the part of the West, makes it a The SPEAKER pro tempore. The gen- Mr. SANFORD. Mr. Speaker, if the difficult issue. gentleman would yield for one more tleman from New York (Mr. GILMAN) So this resolution is very, very good. has 4 minutes remaining, and the gen- minute, I am in complete agreement on I hope it passes with a unanimous vote. his pronouncements. I guess the diver- tleman from California (Mr. LANTOS) I would also ask that perhaps the ad- gence here is on what has been actually has 121⁄2 minutes remaining. ministration could pick one person done, because in Kosovo, very strong The gentleman from California (Mr. with strong negotiating skills, who action was taken. My suggestion is LANTOS) may proceed on his own time. would go not with a club, but go to that a limit, a freeze, on IMF funding Mr. LANTOS. Mr. Speaker, I yield Russia and try to do everything pos- is a very limited and curtailed activ- myself such time as I may consume. sible to stop the shelling and the bomb- ity. It is something we could do, but it I had earnestly hoped that we can ing. If they do not, this winter will be has not been talked about from the ad- pass a resolution on denouncing exces- so brutal. ministration. What I am looking for sive Russian military action, the mind- I would be one who would support aid from the administration is simply ac- less assassination of innocent civilians by the Western governments, including tion. That is all. on a bipartisan basis without taking Mr. LANTOS. Mr. Speaker, I reserve ours, to the people who have gotten out cheap shots at our administration, the balance of my time. of there and gone into Ingushetia. But which is no less concerned by these de- Mr. GILMAN. Mr. Speaker, I yield 3 we should do more, and bring some velopments as are Members of this minutes to the gentleman from Vir- pressure on the Russians to stop the body, every single Member of this ginia (Mr. WOLF). activity which is taking place. With body, the gentleman on the other side, (Mr. WOLF asked and was given per- that, I hope the resolution passes with and myself included. I would hope that mission to revise and extend his re- a unanimous vote. we can conclude this debate by recog- marks.) Mr. LANTOS. Mr. Speaker, I strongly nizing the irresponsible action of the Mr. WOLF. Mr. Speaker, I thank the urge all colleagues to vote for this con- Russian government, by criticizing gentleman for yielding me this time. current resolution. I have no further their action, by calling for the restora- I rise in strong support of this resolu- requests for time, and I yield back the tion of peace in the region, and avoid- tion. I have visited Chechnya. I was in balance of my time. ing any partisan attacks which are so Chechnya from May 28 to June 2 of Mr. GILMAN. Mr. Speaker, I have no uncalled for in this particular situa- 1995. And while I am not here to attack further requests for time, and I yield tion. anyone, I think at this time it is fair to back the balance of my time. Mr. SANFORD. Mr. Speaker, will the say that this administration could The SPEAKER pro tempore (Mr. gentleman yield? have done more to be a force in SHIMKUS). The question is on the mo- Mr. LANTOS. I yield to the gen- Chechnya. tion offered by the gentleman from tleman from South Carolina. One of the recommendations that we New York (Mr. GILMAN) that the House Mr. SANFORD. Mr. Speaker, I thank made after our trip was that the ad- suspend the rules and agree to the con- the gentleman for yielding. ministration appoint a prominent current resolution, H. Con. Res. 206, as Mr. Speaker, I applaud the gentle- American with negotiating experience amended. man’s efforts. He has been such a great such as former Secretary of State The question was taken. advocate for human rights around the James Baker, or former Senator Mr. SMITH of New Jersey. Mr. globe. My only point is this: I am not George Mitchell, who frankly probably Speaker, on that I demand the yeas ignoring the nuclear realities that deserves a Nobel Peace Prize for what and nays. exist in the former Soviet Union. My he has done in Ireland, or former Sen- The yeas and nays were ordered. simple point is this, and I do not mean ator Sam Nunn, to help bring the The SPEAKER pro tempore. Pursu- this as a political cheap shot: there has Chechnya situation to a close. ant to clause 8 of rule XX and the

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.086 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12033 Chair’s prior announcement, further Whereas after extensive review and delib- chairman of the Subcommittee on proceedings on this motion will be erations, the Diabetes Research Working Health and Environment of the Com- postponed. Group—established by Congress and selected mittee on Commerce and a member of by the National Institutes of Health—has f the Congressional Diabetes Caucus, I found that ‘‘many scientific opportunities am committed to achieving that goal. I are not being pursued due to insufficient SENSE OF HOUSE REGARDING have endorsed, along with so many oth- DIABETES funding, lack of appropriate mechanisms, and a shortage or trained researchers’’; ers, a proposal to double Federal fund- Mr. BILIRAKIS. Mr. Speaker, I move Whereas the Diabetes Research Working ing for the National Institutes of to suspend the rules and agree to the Group has developed a comprehensive plan Health over 5 years. resolution (H. Res. 325) expressing the for diabetes research funded by the National The budget agreement passed by Con- sense of the House of Representatives Institutes of Health and has recommended a gress last year made a sizeable down- regarding the importance of increased funding level of $827 million for diabetes re- payment toward that goal by providing support and funding to combat diabe- search at the National Institutes of Health a 15 percent increase in funding for the in fiscal year 2000; and NIH. I am hopeful that we can continue tes. Whereas the House of Representatives as The Clerk read as follows: that promising trend this year. an institution and Members of Congress as I have heard from many constituents H. RES. 325 individuals are in unique positions to help Whereas diabetes is a devastating, lifelong raise public awareness about the need for in- about the lack of sufficient funding for condition that affects people of every age, creased funding for research and for early di- diabetes research. I had the oppor- race, income level, and nationality; agnosis and treatment: Now, therefore, be it tunity to share these concerns directly Whereas diabetes is a serious disease that Resolved, That it is the sense of the House with Dr. Harold Varmus, the NIH Di- has a devastating impact, in both human and of Representatives that— rector, in a meeting in my office ear- economic terms, on Americans of all ages; (1) the Federal Government has a lier this year. Whereas an estimated 16 million Ameri- responsibility— I was also pleased to secure enact- cans suffer from diabetes, and millions more (A) to continue to increase research fund- ment of new preventative health bene- are at greater risk for diabetes; ing, as recommended by the Diabetes Re- fits under Medicare as part of the 1997 Whereas the number of Americans with di- search Working Group, so that the causes of, balanced budget law. Under these pro- abetes has increased nearly 700 percent in and improved treatment and cure for, diabe- the last 40 years, leading the Centers for Dis- tes may be discovered; visions, which were based on legisla- ease Control and Prevention to call it the (B) to endeavor to raise awareness about tion which I helped to author, Medicare ‘‘epidemic of our time’’; the importance of the early detection and beneficiaries who are diabetic are reim- Whereas approximately 800,000 people will proper treatment of diabetes; and bursed for outpatient self-managing be diagnosed with diabetes in 1999, and diabe- (C) to continue to consider ways to im- training and supplies, such as blood tes will contribute to an estimated 198,000 prove access to, and the quality of, health testing strips. deaths this year, making diabetes the sixth care services for diagnosing and treating dia- House Resolution 325 serves to re- leading cause of death; betes; mind us all of the terrible toll diabetes Whereas diabetes costs our Nation an esti- (2) all Americans should take an active extracts each year in our Nation. We mated $105 billion each year; role in fighting diabetes by using all the Whereas more than 1 out of every 10 health should also take this opportunity to means available to them, including watching commend the tireless efforts of advo- care dollars in the United States and about for the symptoms of diabetes, such as fre- 1 out of every 4 medicare dollars is spent on quent urination, unusual thirst, extreme cates of diabetes research. Mr. Speak- the care of people with diabetes; hunger, unusual weight loss, extreme fa- er, for the millions of people whose Whereas more than $40 billion a year in tax tigue, and irritability; and lives have been touched by diabetes, we dollars are spent treating people with diabe- (3) national and community organizations must renew and strengthen our com- tes through medicare, medicaid, veterans and health care providers should endeavor to mitment to end this terrible disease. care, Federal employee health benefits, and promote awareness of diabetes and its com- I urge my colleagues to support pas- other Federal health programs; plications and should encourage early detec- sage of House Resolution 325. Whereas diabetes frequently goes tion of diabetes through regular screenings, Mr. Speaker, I reserve the balance of undiagnosed and an estimated 5.4 million education, and by providing information, my time. Americans have the disease but do not know support, and access to services. it; Ms. DEGETTE. Mr. Speaker, I yield Whereas diabetes is the leading cause of The SPEAKER pro tempore. Pursu- myself 5 minutes. kidney failure, blindness in adults, and am- ant to the rule, the gentleman from Mr. Speaker, as the co-chair of the putations; Florida (Mr. BILIRAKIS) and the gentle- Congressional Diabetes Caucus and as Whereas diabetes is a major risk factor for woman from Colorado (Ms. DEGETTE) an original cosponsor of this legisla- heart disease, stroke, and birth defects and each will control 20 minutes. tion, I would especially like to thank shortens average life expectancy by up to 15 The Chair recognizes the gentleman the gentleman from New York (Mr. LA- years; from Florida (Mr. BILIRAKIS). FALCE) for his tireless efforts on behalf Whereas 800,000 Americans have type one of this resolution. A similar resolution diabetes, formerly known as juvenile diabe- GENERAL LEAVE tes, and 15.2 million have type two diabetes, Mr. BILIRAKIS. Mr. Speaker, I ask passed the other body 93 to zero, and I formerly known as adult onset diabetes; unanimous consent that all Members commend the gentleman from New Whereas 18.4 percent of Americans age 65 may have 5 legislative days within York (Mr. LAFALCE) for bringing this quickly to the attention of the House years or older have diabetes and 8.2 percent which to revise and extend their re- of Americans age 20 years or older have dia- of Representatives. marks and include extraneous matter betes; Mr. Speaker, there are several forms Whereas Hispanic, African, Asian, and Na- on House Resolution 325. of diabetes, as we all know. I would tive Americans suffer from diabetes at rates The SPEAKER pro tempore. Is there like to focus in my remarks on how di- much higher than the general population, in- objection to the request of the gen- abetes affects the lives of the children cluding children as young as eight years old tleman from Florida? of this country. who are now being diagnosed with type two There was no objection. Juvenile diabetes or Type I diabetes diabetes; Mr. BILIRAKIS. Mr. Speaker, I yield represents only a small percentage of Whereas there is currently no method to myself such time as I may consume. prevent or cure diabetes and available treat- the total cases of diabetes, yet the ments have only limited success in control- Mr. Speaker, I rise in strong support mortality of Type I diabetes is more ling its devastating consequences; of House Resolution 325. Over 16 mil- than double the mortality of Type II Whereas reducing the tremendous health lion Americans suffer from diabetes diabetes. This disease affects over 1 and human burden of diabetes and its enor- and its complications. Tragically, dia- million children nationwide. It strikes mous economic toll depends on identifying betes is one of the leading causes of when they are young and it stays with the factors responsible for the disease and death and disability in the United them the rest of their lives. Type I dia- developing new methods for treatment and States. I call it the silent disease, if betes is one of the most costly chronic prevention; you will, the silent killer. Whereas improvements in technology and childhood diseases, and it is one you the general growth in scientific knowledge As we all know, insulin is not a cure never outgrow. have created unprecedented opportunities for diabetes. Therefore, we must in- In Type I diabetes, someone’s pan- for advances that might lead to better treat- crease funding for the research nec- creas produces little or no insulin. Al- ments, prevention, and ultimately a cure; essary to end this terrible disease. As though the causes are not entirely

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.090 pfrm02 PsN: H16PT1 H12034 CONGRESSIONAL RECORD — HOUSE November 16, 1999 known, scientists believe the body’s critical role epidemiology plays in de- which will help many diseases, but es- own immune system attacks and de- veloping an effective public health pecially diabetes. I ask us to continue stroys insulin-producing cells in the strategy to address the startling this program of figuring out why the pancreas. Because insulin is for life, growth in the number of children with body does what it does, and the human people with Type I diabetes must take Type II diabetes. mapping program will give us the abil- several insulin injections and many Again, I would like to thank the gen- ity to do that. finger-prick blood tests per day. tleman from New York (Mr. LAFALCE) Mr. Speaker, I will continue to fight People have assumed for a long time for introducing this legislation so Con- for increased resources for the National that because people with Type I diabe- gress can act together and with a Institutes of Health, and I think all of tes do not immediately die, that insu- strong voice to point out how much us recognize that in the 1960s John lin is a cure. However, anyone who must be done to fight to cure diabetes. Kennedy asked us to set a sight within deals with diabetes on a daily basis I would also like to thank the gen- 10 years to put a man on the moon. knows that diabetes is one of the lead- tleman from Pennsylvania (Mr. Maybe it is time that all of us, Demo- ing causes of death in this country. It WELDON), our Vice-Chair of the caucus, crat and Republican, get behind the is a major risk for heart diseases and for all of his efforts. I would especially next great challenge, and that is to put stroke. It is still the leading cause of like to thank the gentleman from Flor- diabetes back into the history of the adult blindness, kidney failure, and ida (Mr. BILIRAKIS), the chairman of past, and make sure that generations amputations. It affects an estimated 16 my subcommittee on the Committee on of the future do not have to confront million Americans, and it is the sixth Commerce, for his diligent efforts in this health scourge. leading causes of death due to disease this way. I hope this resolution will be Ms. DEGETTE. Mr. Speaker, I am in the United States, and the third the first of many efforts by this Con- very pleased to yield 41⁄2 minutes to the leading cause in some minority groups. gress to find a cure for diabetes. gentleman from New York (Mr. LA- Yet, diabetes research has received Finally, I would like to say what the FALCE), the sponsor of the resolution. woefully little attention over the last children say. Angela Bailey, a 10-year- (Mr. LAFALCE asked and was given number of years, and many of us, in- old with diabetes, said this: ‘‘I could permission to revise and extend his re- cluding myself, the gentleman from become blind, have a heart attack, or marks.) New York (Mr. LAFALCE), and the gen- kidney disease. When I get old, I might Mr. LAFALCE. Mr. Speaker, 16 mil- tleman from Washington (Mr. even have to get an amputation. If lion Americans suffer from diabetes. NETHERCUTT), the co-chair of the diabe- there is a cure, then I won’t have to That is perhaps the principal reason tes caucus, are working to make sure worry.’’ that the Centers for Disease Control that this changes. Mr. Speaker, I reserve the balance of and Prevention recently called diabe- For every statistic that we see on the my time. tes the epidemic of our time. floor today, there is a human face be- Mr. BILIRAKIS. Mr. Speaker, I am b 1600 hind it. This summer 100 children from pleased to yield 21⁄2 minutes to the gen- all across the country visited us here tleman from California (Mr. BILBRAY), The impact diabetes has on the in Washington to lobby on diabetes a member of the committee. health of our population, on the na- issues. One of the people they met with (Mr. BILBRAY asked and was given tional budget, is staggering. Every was the Secretary of Health and permission to revise and extend his re- year, diabetes causes about 24,000 more Human Services, Donna Shalala. A lit- marks.) people to lose their sight, 28,000 more tle boy, Preston Dennis from Phoenix, Mr. BILBRAY. Mr. Speaker, I rise people to undergo dialysis or trans- Arizona, gave the Secretary a doll today to support House Concurrent plantation for kidney failure, and 77,000 which had hundreds of pins stuck in it Resolution 325, expressing the sense of more people to lose their lives from to represent the hundreds of shots he Congress regarding the importance of heart disease. These diabetes-related has had to take since he was diagnosed increasing support for the funding to side effects, in combination, shorten with diabetes. combat diabetes and the research re- life expectancy by an estimated 15 When I met with the Secretary about lated thereto. years. this issue earlier this fall, she showed The fact is that diabetes is not only In the year 1999, approximately me that doll, and she promised to keep a great burden on the seniors of Amer- 800,000 people will be diagnosed with di- it in her office until we find a cure for ica, but it is also a great burden on abetes, and the disease will contribute diabetes. There is good news here. We many of the children of America. In to almost 200,000 deaths. In the United are at a critical point in diabetes re- the United States alone, 16 million peo- States, the number of Americans with search, and now it is time for Congress ple have diabetes, and another 6 mil- diabetes has increased nearly 700 per- to step up and do its part to find a lion do not even know they have diabe- cent in the last 40 years, again a pri- cure. tes. Everyone knows somebody who is mary reason that the CDC has called it Last spring I had the honor of vis- affected by diabetes. My mother is a di- the epidemic of our time. iting the Joslin Diabetes Center at abetic. Some who served in this House The public and private costs of diabetes are Harvard University, and visited with a while back will remember that my enormous an estimated $105 billion annually, many of our leading scientists who are nephew, Representative Bilbray from including over $40 billion a year in federal dol- on the cusp of major breakthroughs. Las Vegas, died from diabetes or com- lars. More then 1 out of every 10 health care This disease I believe can be cured plications thereof. dollars in the U.S. and about 1 out of 4 Medi- within 10 years if Congress will fully Each year diabetes contributes to care dollars is spent on diabetes care. In New fund the diabetes research outlined in over 178,000 deaths because of associ- York State, almost 600,000 people and 10% the congressionally-mandated Diabetes ated complications with heart disease, of our seniors have been diagnosed with dia- Research Working Group. kidney failure, stroke, not to speak of betes at an annual public and private cost of The DRWG recommended $827 million the blindness and the amputations re- about $8 billion. for diabetes research. Yet, under the lated to the problem. Diabetes kills one American every 3 current budget outline for the National In addition to the pain and disrup- minutes, and a new case of diabetes is Institutes of Health, Centers for Dis- tion of the disease to countless fami- diagnosed in the United States every 40 ease Control and Prevention and other lies, we need to talk about the billions seconds. And, unfortunately, an esti- agencies, diabetes will be lucky to get of dollars it costs society overall in mated 51⁄2 million Americans have dia- $500 million. This is certainly a sub- health care costs. I know we should not betes right now and do not even know stantial step in the right direction, but be talking about just dollars and cents, it. frankly, we are too close to a cure to and we are not, but human misery does But, Mr. Speaker, new research is fail to make the full commitment that come at a price that goes beyond just filled with promise. The Diabetes Re- we need. human misery. search Working Group created by Con- We must expand epidemiological Mr. Speaker, I am proud in San Diego gress in 1997 has developed a com- studies to include children with Type I to have a program called the Human prehensive plan for future research diabetes. We also need to explore the Mapping Research Project going on that would cost $827 million next year.

VerDate 29-OCT-99 04:14 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.092 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12035 Congress mandated this study, Con- to maximize the rapid identification of the gene illustrative to see that this chart gress has received its mandated report; or genes involved in adult-onset diabetes. This shows that there is an increasing inci- and yet last year, we gave $448 million, study has established a national database and dence of death in connection with dia- about half of what is called for, only 3 cell-bank to store information and specimens betes when, in fact, there seems to be percent of the total NIH budget for dia- from families with long histories of the dis- in our country a decreasing incidence betes. That is simply $28 per patient. ease. The Human Genome Project, which is of death for cancer, for cardiovascular That is not enough. currently mapping the entire human genetic disease and stroke. They have all been Yet, Mr. Speaker, every day research structure, may also provide significant clues to very much on the minds of Americans and new technologies are improving di- the nature of diabetes. Again, we need to in- to try to cure these diseases and under- abetes diagnosis and treatment. For crease research for treatment. take efforts to relieve the misery that example, current diagnostic methods But the fight goes on. We must in- comes from them, but diabetes is on cannot always detect adult onset dia- crease support and research for diabe- the upswing. betes at the earliest stage of the dis- tes for diagnosis, for monitoring, for The World Health Organization ease, but a new technology has been de- treatment, and ultimately for a cure. projects that diabetes will become, veloped that will diagnose adult onset Mr. BILIRAKIS. Mr. Speaker, I yield quote, ‘‘One of the world’s main diabetes as much as 5 years earlier 4 minutes to the gentleman from Wash- disablers and killers within the next 25 than any current method by scanning ington (Mr. NETHERCUTT), who co- years.’’ That is very serious and some- the eye retina with low intensity flo- founded the Diabetes Caucus here in thing that the Congress has to pay very rescent light. An early diagnosis can the House with our former colleague clear and serious attention to. significantly reduce the risk of serious who retired after last year, Mrs. Eliza- This next chart looks at the econom- complications. We need to increase re- beth Furse from Oregon. I hope that ics of diabetes. The cost of diabetes to search for diagnosis. Elizabeth is viewing in now to see that patients in society is $6,562 per year to Blood testing is also becoming less we are trying to carry on the fight, and the person affected by diabetes. But obtrusive. A continuous glucose moni- she is being replaced, if that is the the investment in diabetes research is toring system recently approved by the right word, by the gentlewoman from $30 per year per person. That is a trend FDA continuously and automatically Colorado (Ms. DEGETTE) who is con- that must change, in my judgment, and monitors glucose levels underneath the stantly talking in committee about the that is what we are able to change with skin. Future generations of this device need to do something about diabetes. this report, ‘‘Conquering Diabetes,’’ may permit the patient to monitor Mr. NETHERCUTT. Mr. Speaker, I and implementation of the Diabetes blood levels and connect to an insulin thank the gentleman from Florida (Mr. Research Working Group plan. The budget recommendations for this pump for seamless care. BILIRAKIS) for yielding me this time, A GlucoWatch, a device worn like a and I certainly join virtually every program of ‘‘Conquering Diabetes’’ in- wristwatch, will test blood levels easily other Member of this body in congratu- crease each year, but the goal is to and painlessly. This device, which is lating him for his leadership in this cure the disease and apply research pending FDA approval, is as successful whole effort to try to cure this disease. through the National Institutes of at blood testing as conventional meth- I also congratulate the gentleman Health to good research opportunities that are out there. We know they are ods that require pricking the finger from New York (Mr. LAFALCE) for his there. We know there are lots of oppor- multiple times every day and causes sponsorship of this resolution and cer- tunities available, it is just the need is only a slight tingling sensation. We tainly the gentlewoman from Colorado there to make the commitment to fund need to increase research for blood (Ms. DEGETTE), my colleague and those disease research efforts in order monitoring. friend, for her leadership as cochair We also must increase research for with me of the Diabetes Caucus in the to cure this disease. We cannot talk about the Diabetes treatment. For example, we are at the House, along with the gentleman from Research Working Group or ‘‘Con- brink of developing an ability to inhale Pennsylvania (Mr. WELDON) and the quering Diabetes’’ without mentioning insulin rather than inject it into the gentleman from New York (Mr. LA- the efforts that are undertaken by the body multiple times per day. FALCE) who serve as co-vice chairs of interest groups that support the efforts Another burden for people with diabetes is the Diabetes Caucus. It is a great effort to cure diabetes. The American Diabe- the need to inject themselves with insulin. that we are undertaking. tes Association, the Juvenile Diabetes Mr. Speaker, I was touched by every- Several new drugs, taken orally, may reduce Foundation, the American Association one who has spoken today already on the need to take insulin injections. One class of Diabetes Educators, the Joslin Dia- this resolution. They spoke of the Dia- of drugs, called insulin sensitizers, helps to betes Center, the Centers for Disease lower blood glucose primarily by reducing in- betes Research Working Group prod- Control and Prevention, the Indian sulin resistance in muscles. Other groups of uct, which was a creation of this Con- Health Service, and private companies drugs work by suppressing glucose production gress. Through the Committee on Ap- including Eli Lilly, Merck, and John- from the liver, increasing insulin production by propriations, money was budgeted to son & Johnson. They are all part of the the pancreas, or decreasing sugar absorption allow a study to be done. The product team. from the intestine. For those who will still need was this publication, ‘‘Conquering Dia- Mr. Speaker, the disease of diabetes insulin, a power is being developed that can betes.’’ This is a publication that out- is indiscriminate. It disproportionately be inhaled so that injections might not be nec- lines a strategic plan for the 21st cen- hurts minorities. It hits all of us where essary. We need to increase research for tury to cure this disease. we live, in our families. It is incumbent treatment. It requires money. It requires com- upon this Congress to pass this resolu- In juvenile diabetes (type 1), insulin-pro- mitment. It requires dedication. All of tion and implement this plan. ducing cells, called islets, are destroyed, mak- that is available through the efforts of Ms. DEGETTE. Mr. Speaker, I yield 2 ing daily insulin injections necessary. The Ju- this Congress and through the efforts minutes to the distinguished gen- venile Diabetes Foundation (JDF) has estab- of those people who work so many long tleman from Puerto Rico (Mr. ROMERO- lished three Centers for Islet Transportation, hours to put this together, not the BARCELO´ ). which will attempt to transplant healthy islets least of whom was Dr. Ronald Kahn, (Mr. ROMERO-BARCELO´ asked and to cure juvenile diabetes and find new ways to the Chair of the Diabetes Research was given permission to revise and ex- prevent transplant rejection and other dan- Working Group, who worked tirelessly tend his remarks.) gerous side-effects. The NIH and the JDF are to make this report a reality and this Mr. ROMERO-BARCELO´ . Mr. Speak- also developing new ways to manipulate the cure a reality for the millions and mil- er, I urge our colleagues to support this immune system by inhibiting harmful immune lions of people who suffer from this resolution that aims to focus attention responses while keeping protective ones in- very serious disease. on a disease that has reached epidemic tact. We need to increase research for cures. Mr. Speaker, we need to keep track, proportions throughout the Nation. In Ultimately, genetics may hold the key to a I think, of the statistical evidence rel- every single one of our districts, thou- cure. The American Diabetes Association has ative to other diseases that are equally sands of individuals suffer from diabe- initiated the Genetics of Non-Insulin Depend- as difficult for people in the society, tes. In fact, nationally, diabetes has in- ent Diabetes Mellitus (GENNID) Study in order but I think it is illuminating and it is creased 700 percent in the past 40 years.

VerDate 29-OCT-99 04:40 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.136 pfrm02 PsN: H16PT1 H12036 CONGRESSIONAL RECORD — HOUSE November 16, 1999 For some reason that is not scientif- bed that little Ivy will not make it sand-dollar devices. We are asking for ically known, diabetes affects our mi- through the night. $827 million in diabetes research at the nority populations in even more sig- Mr. Speaker, I support H. Res. 325 for National Institutes of Health; and on a nificant numbers than the rest of the people like 41-year-old Tambrie Alden bipartisan basis, we ought to get it. population. Hispanics in general, and from Glens Falls, New York, a good Mr. BILIRAKIS. Mr. Speaker, I am Puerto Rican Americans in specific, friend of mine, who walks a blood sugar pleased to yield 4 minutes to the gen- are especially at risk. The most recent tightrope, staying just above the min- tlewoman from Maryland (Mrs. statistics from the Centers for Disease imum level, because having high blood MORELLA). Control indicate that Puerto Rico has sugar can lead to serious problems in Mrs. MORELLA. Mr. Speaker, I the highest number of individuals diag- the long term. But by keeping her thank the gentleman from Florida for nosed with diabetes in the entire Na- blood sugar down, Tambrie is often bal- yielding me this time, but I also thank tion. The rate in Puerto Rico is almost ancing on the brink of a diabetic coma. him for sponsoring this very important double that of most States and three Mr. Speaker, I will have the honor of resolution. I thank the gentleman from times that of many States. One out of addressing the Juvenile Diabetes Foun- New York (Mr. LAFALCE), our col- every four inhabitants in Puerto Rico dation Ball in Saratoga Springs this league on the other side of the aisle. over 45 years of age has diabetes. weekend celebrating the courage of I also want to thank our co-chairs of Mr. Speaker, there is a tremendous Tambrie, Ivy, and thousands of others the Congressional Diabetes Caucus, the need for a national diabetes strategy in my district who battle this disease gentleman from Washington (Mr. targeting the Hispanic population na- every day. I am proud to have the op- NETHERCUTT), the gentlewoman from tionwide. This resolution is an impor- portunity this weekend to share with Colorado (Ms. DEGETTE), and all of the tant step to underscore the need for in- my constituents that Congress is fight- Members who have come to rally for creased support and funding to combat ing for the people with diabetes by this very important resolution to call diabetes. Right now, we have already passing House Resolution 325. attention to it. I am very proud of approved in the House in Puerto Rico a As I said, I think it is an important being a member of the Congressional bill to start a diabetes center for study piece of legislation; and I urge my col- Diabetes Caucus, also. The magnitude of the problem we of the diabetes high incidence in His- leagues to support it. have heard from the speakers today, it panics, and the Senate has committed Ms. DEGETTE. Mr. Speaker, I yield 2 is clearly defined by these simple facts, minutes to the distinguished gen- to approve funding for that center. and I think they bear some repeating tleman from California (Mr. LANTOS). Now, we need more funding. That is that diabetes currently affects an esti- Mr. LANTOS. Mr. Speaker, I thank not enough. We need as much funding mated 16 million Americans, about 800 as we can get, and I think all of us the gentlewoman from Colorado (Ms. new cases diagnosed each year. should support this resolution. DEGETTE), my good friend, for yielding I want to point out that diabetes Mr. BILIRAKIS. Mr. Speaker, I yield me this time, and I congratulate her spares no group. It attacks men, 2 minutes to the gentleman from New and all the other leaders of our con- women, children, the elderly, and peo- York (Mr. SWEENEY). gressional Diabetes Caucus for their in- ple from every racial background. Afri- (Mr. SWEENEY asked and was given valuable work. can, Hispanic, Native and Asian Ameri- permission to revise and extend his re- Mr. Speaker, we learn from our cans, some of the fastest growing seg- marks.) young people on our staff. My top re- ments of our population are particu- Mr. SWEENEY. Mr. Speaker, I thank search assistant, a young gentleman, larly vulnerable to diabetes and its the gentleman from Florida (Mr. BILI- graduate of Dartmouth who has had di- most severe complications. RAKIS) for yielding me this time. I con- abetes since childhood, has been my Diabetes strikes both ends of the age gratulate the gentleman from New teacher on diabetes; and I publicly continuum. Children and young adults York (Mr. LAFALCE), my colleague and want to acknowledge my debt to him. with type 1 diabetes face a lifetime of friend, for this important piece of leg- I also want to acknowledge my debt daily insulin injections and the possi- islation which I rise today in strong to a young lady, a 16-year-old page bility of early complications whose se- support of as a member of the House whom I had the privilege and pleasure verity will likely increase over time. Diabetes Caucus. of appointing from the City of San I remember when the Juvenile Diabe- Mr. Speaker, the statistics, we have Bruno in California, who a few weeks tes Foundation’s Childrens Congress heard them from a number of folks, but ago unexpectedly was discovered to came to Capitol Hill and met with us, I would like to focus those from my have juvenile onset diabetes. Her par- and we all found constituents within district on the relevant information ex- ents flew in from California. Her condi- their group. I remember Jamie isting out there. There are more than tion has stabilized, and she is back on Langbein from Olney, Maryland; Re- 30,000 people in my district who combat the job, and we are proud of her. becca Guiterman from Chevy Chase, this disease every day. In fact, every It is important to get beyond the sta- Maryland, among the few. I remember day 36 children are diagnosed with dia- tistics. Mr. Speaker, 16 million Ameri- their slogan was ‘‘Promise to remem- betes. Despite the fact that both chil- cans have diabetes; 198,000 this year ber me, promise to remember me.’’ dren and adults are diagnosed, the gen- will die from complications of diabetes. Also, elderly diabetics are frequently tleman from New York (Mr. LAFALCE) What brings this disease home to each debilitated by multiple complications. pointed out very accurately that over of us, however, is our child, our col- Given all those statistics that we one-third of Americans go undiagnosed. league, our friend who has it and who is have heard, it is no wonder that the This is why I think it is of particular on the verge of losing his life if proper cost of diabetes is staggering. In one importance that we here in Congress care is not provided, if proper moni- year alone, the Nation spends over $105 take this up as a national issue, an toring is not provided. But most impor- billion in diabetes. More than one in issue of great priority, and move for- tantly, if proper funds for research are every 10 U.S. health care dollars is ward to try to find a cure. Insulin, as not provided. spent for diabetes and one in every four has been pointed out by the gentleman Medicare dollars pays for health care b 1615 from Florida, is indeed not a cure. The of people with diabetes. National Institutes of Health recently Diabetes research is an invaluable in- Mr. Speaker, I am very pleased that estimated that diabetes is the single vestment in lives and in dollars. The the overall level of funding for the Na- most expensive disease in the United more we understand about this horrible tional Institutes of Health, which is in States in terms of direct costs. disease the easier it will be to halt its the district that I am honored to rep- Like those who preceded me today, I spread and limit its complications. resent, has again been increased by support this resolution for people like Eighty years ago, Mr. Speaker, those nearly $3 billion above fiscal year 1999. 4-year-old Ivy Cerro from Moreau, New afflicted with diabetes would die with- Unfortunately, the current funding York, in my district whose mother in months. During the intervening and scope of diabetes research fall far worries every night that if she does not years, we have witnessed the invention short on what is needed to capitalize check her daughter’s blood count again of synthetic insulin, home glucose on many opportunities that are cur- before she and her husband go off to monitoring, insulin pumps, the thou- rently available. Approximately $450

VerDate 29-OCT-99 04:49 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.096 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12037 million was spent on diabetes-related I believe we can find a cure for diabe- tes research, raise awareness about the research in fiscal year 1999. tes in our lifetime if Congress is will- importance of early detection and While this amount has steadily in- ing to provide the necessary funds for treatment, help improve access to dia- creased since 1981, there was unani- the research. By adequately funding betes diagnoses and treatment, and mous agreement in the Diabetes Re- the fight, we will continue to make that all Americans should help to fight search Working Group, established by headway in stamping out diabetes once the national epidemic of diabetes. Congress to identify research steps and for all. I and the San Antonio, Texas, com- that were necessary to find a cure for I urge my colleagues on both sides of munity recently lost a good friend, diabetes, that this amount is far short the aisle to express their support and State Senator Greg Luna, to diabetes of what is required to make progress on vote to increase funding to combat dia- and the complications of diabetes. Sen- this complex and difficult problem. betes. ator Luna’s passing is a testimony to Actually, the current budget for dia- Mr. BILIRAKIS. Mr. Speaker, I am the seriousness of the diabetes within betes research represents less than one- pleased to yield 2 minutes to the gen- the Hispanic population. half of 1 percent of the annual cost of tleman from Utah (Mr. COOK). The disease affects nearly one in two diabetes. The Federal investment in di- Mr. COOK. Mr. Speaker, I rise in sup- Hispanics across this country and in abetes represents about 3 cents out of port of House Resolution 325. I want to our own backyards. Diabetes is the every dollar or 3 percent of the NIH re- thank the gentleman from Florida (Mr. sixth leading cause of death in the search budget. BILIRAKIS) for yielding me this time. I United States. Cardio-vascular dis- Although it is impossible to deter- also want to thank the gentleman from eases, which are prevalent among His- mine what is an appropriate funding New York (Mr. LAFALCE) and my other panics, is the leading cause of death level for the many compelling and colleagues on the Diabetes Caucus for among people with diabetes, account- competing needs of NIH research funds, their efforts to bring this important ing for more than one-half of all 3 percent is clearly a small investment measure to the floor before the end of deaths. for a disease that affects 6 to 7 percent this session. It is crucial that we not only in- of the population and accounts for Diabetes is a disease which is affect- crease research into prevention and more than 10 percent of all health care ing over 16 million Americans, many of treatment of diabetes, but that our dollars. whom are children. My father suffers communities increase outreach to the The proportion devoted to diabetes from diabetes, and I know firsthand the high-risk populations. research relative to the entire NIH pain and anguish this has caused him In my congressional district in south budget has actually decreased by more Texas, statistics indicate that juve- and my family. than 30 percent since 1981 when the I am also reminded of Natalie Sadler, niles are more likely to acquire type 2 death rate due to diabetes has in- a young girl in my district, who is cou- diabetes than any other. I ask the creased by 30 percent. House to make sure that we fund this rageously fighting diabetes, who came Well, we all know that real advances diabetes research. to Washington as Utah’s representative can be made by a significant invest- Mr. BILIRAKIS. Mr. Speaker, I un- ment in research and that it will great- at the Juvenile Diabetes Congress to derstand I have the right to close. ly speed progress and understanding in ask for our help. Right now it does not appear like I At least one in 10 Medicare bene- conquering this disease and its com- have any further requests for time, and plications. I ask this body to look to ficiaries are diagnosed with diabetes, I reserve the balance of my time. and as our baby boomer population the importance of increasing this Fed- Ms. DEGETTE. Mr. Speaker, I am eral investment and combatting diabe- ages, this ratio will undoubtedly rise. pleased to yield 2 minutes to the gen- Currently, 25 percent of Medicare costs tes and to agree to H. Res. 370. tleman from Texas (Mr. REYES.) Ms. DEGETTE. Mr. Speaker, I am are consumed by treating diabetes. Mr. REYES. Mr. Speaker, I want to pleased to yield 2 minutes to the gen- Utah alone incurred almost $615 mil- thank the gentlewoman for yielding me tleman from Texas (Mr. HINOJOSA). lion in direct and indirect costs be- this time. (Mr. HINOJOSA asked and was given cause of diabetes. Mr. Speaker, I tell my colleagues permission to revise and extend his re- While we were learning more about that I rise today in support of H. Res. marks.) how to manage diabetes and minimize 325 because I know personally the im- Mr. HINOJOSA. Mr. Speaker, as an its complications, the message is not pact of diabetes, as both my mother original cosponsor of this resolution getting out. Many of our citizens, par- and mother-in-law are diagnosed with and a member of the Congressional Di- ticularly Medicare patients, are not it; and I have seen their daily struggles abetes Caucus, I rise to express my aware of what they need to do to pre- to manage this terrible disease. strong support for increased Federal vent serious complications from diabe- Mr. Speaker, one of the most dif- funding for diabetes research and pre- tes. While they know to get annual ficult things that I have done in recent vention. physicals, 60 percent never receive an- months is to keynote a breakfast that I represent the 15th Congressional nual eye exams, despite the fact that was sponsored by the Juvenile Diabetes District of Texas, comprised of south diabetes is one of the leading causes of Foundation where I heard personal tes- Texas and the Rio Grande Valley. With blindness. timony from young people that are af- the help of Dr. Maria C. Alen of the Prevention and maintenance, while fected by this terrible disease. Texas Diabetes Council, I am well in- important, are not a cure. We need to Although there is currently no cure formed on this issue, as all of my col- do all we can to ensure that all chil- for diabetes, there are many effective leagues who have spoken before me. dren and our elderly no longer have to treatments to head off diabetes-related For us, we know all too well the need suffer from this disease. complications such as blindness, kid- to find a cure for this life-threatening This legislation acknowledges the ney disease, amputations, heart dis- disease. Federal Government’s responsibility ease, and other diseases that affect It is staggering to realize that nearly and role to improve access to treat- millions of people each and every day. 75,000 individuals of the Rio Grande ment, raise awareness, and fund the But, Mr. Speaker, diabetes has an Valley suffer from diabetes. More trou- necessary research to find a cure for di- even more debilitating impact in the bling, it is estimated that over 40 per- abetes. Hispanic community, as some of my cent of diabetes in Texas are Hispanic. I urge my colleagues to support this colleagues have pointed out. For exam- The cost to the Nation is staggering, bill. ple, among individuals over 20 years of estimated at $105 billion each year. Ms. DEGETTE. Mr. Speaker, I am age, Mexican-Americans are twice as More than one out of every 10 health pleased to yield 1 minute to the gen- likely than non-Hispanic whites to care dollars in the United States and tleman from Texas (Mr. RODRIGUEZ). have this terrible disease, and more about 1 out of every Medicare dollars is Mr. RODRIGUEZ. Mr. Speaker, I rise than 21 percent of Hispanics over the spent on diabetes care. in support of House Resolution 325, ex- age of 65 have been diagnosed with dia- The number of Americans with diabe- pressing the sense of the House of Rep- betes. tes has increased nearly 700 percent in resentatives that the Federal Govern- These disproportionate numbers af- the last 40 years. ment should increase funding for diabe- fect districts with significant Hispanic

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.098 pfrm02 PsN: H16PT1 H12038 CONGRESSIONAL RECORD — HOUSE November 16, 1999 populations, such as mine in El Paso. we appreciate what they are trying to of course, the gentleman from Pennsyl- This impact will only worsen because do but that they need to do more. They vania (Mr. WELDON) and the others, the Census Bureau projects that the need to increase the funding for diabe- who have been so much at the fore- Hispanic population in Texas will dou- tes research so that we can cure this front. ble over the course of the next 25 years. disease and we can do it in the Amer- Mr. MCKEON. Mr. Speaker, I join my col- Thus, the future health of America will ican spirit, in the way we always tack- leagues today in supporting the fight against be affected substantially by our success le all of these problems. diabetes. in improving the health of racial and Again I wish to thank the gentleman Today, nearly 16 million people in the ethnic minorities. from New York (Mr. LAFALCE) for United States have diabetesÐmany of which Research also provides the tools to bringing this resolution forward. It is are not aware that they have the disease. improve access to community-based important. And I would like to thank With every passing day, over 2,000 Americans quality health care and the delivery of the hard efforts of everyone who con- discover they have diabetes. By the end of the preventative and treatment services. tinues to fight so that we may cure year, almost 800,000 people will have been di- The most important thing in my opin- this deadly disease and that we may do agnosed as diabetics ion that Congress can do for diabetes it soon. The most difficult part about treating and prevention and treatment is to prorate Mr. Speaker, I have no further re- preventing diabetes is that most people are dollars to government health organiza- quests for time, and I yield back the not aware they are diabetics until after they tions for research and for treatment. balance of my time. develop one of its life-threatening complica- Mr. BILIRAKIS. Mr. Speaker, I yield I urge each of my colleagues to sup- tions; including blindness, kidney disease, myself the balance of my time to close. port H. Res. 325. nerve amputations, and stroke. In fact, studies Mr. Speaker, I made the comment Ms. DEGETTE. Mr. Speaker, I am show that diabetes is the leading cause for earlier that I call this the invisible dis- pleased to yield 1 minute to the es- blindness as well as kidney failure. Also, over ease, but God knows even though it has teemed gentleman from Illinois (Mr. sixty percent of diabetics suffer from nerve been an invisible disease its effects are DAVIS). damage, which can lead to limb amputations. far from invisible. We heard here today (Mr. DAVIS of Illinois asked and was Diabetics are also two to four times more like- the tremendous effect that diabetes has given permission to revise and extend ly to suffer a stroke. on the blood vessels. It causes poor cir- his remarks.) Because of these serious complications, di- Mr. DAVIS of Illinois. Mr. Speaker, I culation, which leads to so many other terrible things. The eyes, decreased vi- abetes is one of the most costly health prob- certainly want to thank the gentle- lems in America. It is estimated that the costs woman from Colorado for yielding me sion and ultimately blindness. Poor kidney function and kidney failure. It associated with diabetes treatments and over- this time. all health care for patients with diabetes costs Let me just add my voice in strong affects the nerves, the autonomic nerv- ous system. It affects the skin, with $92 billion each year. Diabetics also incur al- support to all of the sentiments that most $8,000 per year more in medical bills have already been expressed by my col- sores and deep infections; diabetic ul- cers, poor healing, the blood, an in- than those who are not diagnosed with diabe- leagues. All of us have indicated that tes. one does not have to go very far to see creased susceptibility to infection, es- Due to the high cost and life-threatening im- the impact, the effects of diabetes. My pecially the urinary tract and skin. plications of diabetes, I believe it is imperative own mother died of kidney failure. My Mr. Speaker, this resolution, of that we raise awareness about the disease. brother-in-law probably at this mo- course, calls for increased funding for Knowing the early signs of diabetes and its ment is undergoing dialysis treatment. research, and many of us recently risk factors are a patient's best defense The chairman of my political organiza- signed a letter to the administration against diabetes. It would be a tragedy if more tion just a few months ago, one of my suggesting again very strongly the Americans were forced to suffer from diabetes young associates who was a childhood need of increased funding for research. without an increased effort to ensure people diabetic, I used to take in between We here in the House have been reluc- are aware of the steps they can take to best meetings, I would drop him off to get tant in the past to earmark funding for prevent the disease. his dialysis treatment. specific diseases, feeling it is not really Here is an opportunity for this our purview, that we do not have the Members of my own family have suffered House, for this Congress, for all of knowledge to know and leaving it in from diabetes. I have witnessed firsthand the America to get on board with a resolu- the hands of NIH. But there have been devastating effects of this disease and am tion that will provide the kind of re- times when we have basically said to committed to finding a cure. Like many of my sources for the research, the education, them, even though we do not want to colleagues here today, I am a member of the the treatment, the information that we specify specific dollars, that there Congressional Diabetes Caucus, chaired by really need to enhance the quality of should be increased dollars for things my colleague from Washington state. We have life for millions. such as Parkinson’s, diabetes, cancer, worked tirelessly to increase the awareness of et cetera, et cetera. diabetes in Congress and to promote greater b 1630 So, Mr. Speaker, it is imperative that research into diabetes. Ms. DEGETTE. Mr. Speaker, I yield research continue and be improved so For this reason, I stand in strong support of myself the balance of my time. that we can finally lick this disease, H. Res. 325. This resolution underlines the im- I do not think that we could be any because as we said earlier, insulin and portance of increasing research funding for di- more clear here today. We need to ade- some of the treatments do not really abetes so that improved treatments and a quately fund diabetes research, and we lick it, but it is also important for the cure may be discovered. It also highlights the need to do it now. There are over 260 American people to realize there are need to raise awareness about the importance Members of the Congressional Diabetes things they can do to maybe keep from of the early detection and proper treatment of Caucus, which the gentleman from getting diabetes, particularly when it diabetes. Washington (Mr. NETHERCUTT) and I is genetically in their family and they I am proud to rise in favor of this initiative chair. It is the largest caucus in Con- know that they are very susceptible to to help the millions of Americans who suffer gress. There are 109 cosponsors of this it. So I am hopeful what we are doing from diabetes. I strongly support this resolu- piece of legislation. Every Member of here today will be very helpful in that tion and sincerely hope my colleagues will join Congress is touched in some way by a regard. me today in passing H. Res. 325. relative, by a friend, by a constituent Mr. Speaker, I thank again the gen- Ms. KILPATRICK. Mr. Speaker, I rise in with diabetes. The diabetes working tlewoman from Colorado (Ms. support of H. Res. 325, which expresses the group report sets out a clear path. The DEGETTE), along with the others, the sense of this chamber that our efforts to fight research we need to do is not useless, it gentleman from New York (Mr. LA- against diabetes deserve increased support is not frivolous, it is targeted, and it FALCE) for bringing up the resolution, and funding. I would like to take this oppor- needs to be done. the gentlewoman from Colorado and tunity to thank the sponsor of this resolution, I do not think we can say any more the gentleman from Washington (Mr. the gentleman from New York, Representative clearly to the administration and to NETHERCUTT), who have been fantastic LAFALCE, for raising the American public's the National Institutes of Health that about teaching us about diabetes, and, awareness of this important issue.

VerDate 29-OCT-99 04:40 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.101 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12039 Our efforts to find new and improved treat- and diabetes research and in finding the re- to find ways to prevent or delay the onset dia- ments for diabetes and ultimately a cure are a sources necessary to increase our investment betes through early identification of individuals personal issue for me. in research efforts that could lead to new who are at high risk. I am a diabetic. treatments and, hopefully, a cure for diabetes. Although research continues to try to iden- This disease has threaded its way through Mr. WAXMAN. Mr. Speaker, I rise to join my tify the causes of the disease and ways to generations of my family, and it impacts on my fellow cosponsors of H. Res. 325 in high- prevent it, it can only go so far with limited daily life. Each day begins with an intake of in- lighting the importance of expanding research, funding. The Diabetes Research Working sulin. Each meal is carefully selected to help treatment and education on diabetes. Group was established by Congress and se- me manage my diabetes. Each daily schedule I am particularly pleased to recognize the lected by the National Institute of Health to de- sets time aside for physical exercise as a work of the American Diabetes Association on velop a comprehensive plan for all NIH funded means of reducing the risk of diabetes-related World Diabetes Day, which was observed by diabetes research efforts. It has stated that complications. the World Health Organization and more than there may be possible cures, solutions, and Sixteen million Americans live with diabetes. one hundred international scientific and patient opportunities for discovery in diabetes re- In the last 40 years, the number of Americans advocacy groups this past Sunday November search that are not being pursued due to the with diabetes has increased nearly 700 per- 14. lack of funding. In the Diabetes Research cent. This dramatic growth gave cause for the Today, managing their diabetes is a health Working Group's summary of its report and Centers of Disease Control to call it the ``epi- priority for more than 140 million people recommendations, there are over 70 major demic of our time.'' America spends $40 billion across the world. Even before its clinical recommendations for research. There is no annually treating people with diabetes through symptoms were recorded by an Egyptian phy- reason why these recommendations should Medicare, Medicaid and other health care pro- sician in the 15th century B.C., diabetes was not be funded. grams. a chronic disease affecting people across the We desperately need to increase funding for Diabetes is the sixth deadliest disease in world. Only today, as research into genetic and awareness for this disease. Diabetes af- America. Since 1980 the mortality rate due to and environmental factors continues, can it be fects everyone; it does not discriminate based diabetes has increased 30 percent. This trend said that real hope exists for finding a cure to on age, race, or creed. That point was pain- is significant when compared to the mortality diabetes. fully expressed to me in a letter from a con- rates of heart disease and stroke, which have In the United States, diabetes is the sixth stituent named Michael Hoefling who is 13 decreased over the same time period. The life leading cause of death. Disproportionately af- years old. He writes, ``I really want a cure for expectancy of diabetics average 10 to 15 fecting the elderly and communities of color, diabetes so I don't have to test my blood years less than that of the general population. diabetes is a heavy burden on the health of sugar all the time, and then I can do whatever The damage caused by diabetes is gradual. It patients, the lives of their families and commu- I want without worrying, like playing sports and occurs over a period of years, and it affects nities, and upon our system of health care. It having more freedom.'' For Michael and the virtually every tissue of the body with long- is therefore fitting that Congress should join 16 million other Americans living with this dis- term and severe damage. patients and their families in renewing a com- In Michigan, nearly 400,000 adults (or 5.7 ease, Congress must provide that freedom my mitment to preventing and to finding a cure for percent of the adult population) have been di- funding diabetes research and prevention. agnosed as diabetics. But another 2,600,000 diabetes. I urge my colleagues to join me in support Finally, recognizing that important discov- persons in Michigan are at increased risk of of H. Res 325. eries are often made where we least expect, Mr. SMITH of New Jersey. Mr. Speaker, undiagnosed diabetes because of the risk fac- and that research in one field will often spark today I rise in support of H. Res. 325, a reso- tors of age, obesity and a sedentary lifestyle. Diabetes contributed to the death of 7,433 crucial insights in others, I hope in the future lution expressing the will of the House that the Michigan residents. Research has established that Congress will act upon legislation to fur- Federal Government has an important respon- that African- and Hispanic-Americans exhibit a ther enhance the work of the National Insti- sibility to appropriately fund vital life-saving greater prevalence of diabetes than the gen- tutes of Health on juvenile diabetes as well as and life-affirming research to treat and cure di- eral population. And African-American males on other auto immune diseases, such as mul- abetes. As a co-sponsor of this resolution, and often suffer disproportionately. For example, tiple sclerosis, rheumatoid arthritis and as a member of the Congressional Diabetes diabetes is the leading cause of debilitating SjoÈgren's Syndrome. Caucus, I believe the goal of understanding disease and death in African-American men. I congratulate Ms. DEGETTE and Mr. the causes of diabetes, and thereby discov- Persons affected by diabetes suffer higher NETHERCUTT, the chairs of the Congressional ering a cure, is both attainable and appro- rates of serious, but preventable complica- Diabetes Caucus, and Mr. LAFALCE, the spon- priate for our nation. tions, including: blindness, lower extremity am- sor of the resolution, for having advanced this Diabetes affects 16 million Americans and is putations and end stage renal disease. resolution before the Congress adjourns. one of the leading causes of blindness, ampu- This spring the Diabetes Research Working Mr. LARSON. Mr. Speaker, I rise today in tations, kidney disease, and heart disease. Group (DRWG) presented a report to Con- support of H. Res. 325, which expresses the Researchers at the National Institutes of gress identifying hundreds of scientific oppor- critical need for increased funding and edu- Health (NIH), at our hospitals and medical tunities that could lead to better treatments for cation to combat diabetes. My commitment to centers, and at our nation's research-based the 16 million Americans with diabetes and helping those with this disease is not limited to pharmaceutical companies, are all working hopefully bring about a cure. It suggested a H. Res. 325. When I became a Member of hard to find a cure for diabetes. But they need number of research plan recommendations, in- Congress earlier this year, I joined the Con- the full support of Congress, because the cluding increasing the budget for diabetes re- gressional Diabetes Caucus. problem is simply too big for any one segment search. Diabetes, which is the sixth leading cause of of our society to conquer on its own. The LaborÐHHSÐEducation Appropriations death in the United States, is currently an in- Through this resolution, Congress is putting bill increased funding by over 13 percent, and curable disease. This disease is also the fore- itself on record advocating the funding level of it instructed the National Institutes of Diabetes most cause of adult onset blindness, and sev- $827 million dollars recommended by the Dia- and Digestive and Kidney Diseases to move eral debilitating health complications such as betes Research Working Group. This is the forward with the recommendations of the heart disease, stroke, and kidney disease. In amount of NIH funding deemed to be nec- Working Group. The National Institutes of the United States sixteen million individuals essary to wage a full-fledged war on diabetes. Health (NIH) will draw on the resources from have diabetes. 800,000 Americans have type I hope the National Institutes of Health (NIH) related research disciplines to increase fund- one (formerly known as juvenile diabetes), and takes a careful look at this vote on H. Res. ing for diabetes research by 15 percent over- while 10.2 million have been diagnosed with 325 as they compile their research priorities in all. The bill also urged the Institute to focus in- type two diabetes, roughly 5 million are un- the coming years. creased efforts into areas of diabetes research aware that they have it. In my district alone, In the U.S., there are currently 123,000 per- that could lead to a cure in the short term, approximately 37,000 of my constituents and sons under age 20Ðmost of them childrenÐ such as beta cell replacement and supply. For their families have been struck with this deadly suffering from diabetes. We know these chil- this, I appreciate the work of the gentleman disease. dren because they live in every community in from Illinois, Rep. JOHN PORTER, for assigning Funding for diabetes treatment, prevention America. One such child is Charlie Coates, a diabetes research a high priority in NIH's Fis- education, and research is extremely vital and precocious young boy from Highstown, New cal Year 2000 funding allocations. indispensable. I cannot emphasize enough Jersey, who visited my office in Washington, I look forward to continuing the work of my how important it is to fully fund these pro- D.C., along with his father, David Coates. colleagues who share my interest in diabetes grams in order to find a cure for diabetes, and Charlie has diabetes, and Charlie's future, and

VerDate 29-OCT-99 04:21 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 9920 E:\CR\FM\A16NO7.097 pfrm02 PsN: H16PT1 H12040 CONGRESSIONAL RECORD — HOUSE November 16, 1999 the futures of thousands of children just like enthusiastic support for H. Res. 325, and urge Whereas Walter Payton holds the National him, depend in part on the decisions made every one of my colleagues to do the same. Football League record for yards gained in a here in Congress and in Bethesda, Maryland, Mr. Speaker, I have no further re- single game—275 yards in a game against the quests for time, and I yield back the Minnesota Vikings on November 20, 1977; the headquarters of the NIH. Diabetes affects Whereas Walter Payton holds the National virtually every tissue and organ in Charlie's balance of my time. Football League record for seasons with 1,000 body, and it can create serious medical com- The SPEAKER pro tempore (Mr. or more yards—10 seasons, 1976 to 1981 and plications for him. His mother and father have SHIMKUS). The question is on the mo- 1983 to 1986; to be constantly vigilant to make sure Charlie's tion offered by the gentleman from Whereas Walter Payton holds the National diabetes is kept under control with insulin. Florida (Mr. BILIRAKIS) that the House Football League record for consecutive sea- Right now, the average life expectancy of a suspend the rules and agree to the reso- sons leading the league in rushing at- tempts—4 seasons, from 1976 to 1979; person with diabetes is 15 to 20 years less lution, House Resolution 325. The question was taken. Whereas Walter Payton holds the National than for those without the disease. Indeed, the Football League record for most career stakes for children like Charlie are very high in Ms. DEGETTE. Mr. Speaker, on that games with 100 or more yards—77 games; this fight. Children like him need a medical I demand the yeas and nays. Whereas Walter Payton holds the National breakthrough, and they need it now. The yeas and nays were ordered. Football League record for combined net We are at a crucial decision point in the war The SPEAKER pro tempore. Pursu- yards in a career—21,803 yards; on diabetes. Will we try to wage this war on ant to clause 8 of rule XX and the Whereas Walter Payton holds the National the cheap, with proverbial sticks and rocks? Chair’s prior announcement, further Football League record for combined at- For the sake of 16 million Americans, I sure proceedings on this motion will be tempts in a career—4,368 attempts; postponed. Whereas one of Walter Payton’s greatest hope not. Or will we use the full array of life- achievements was the founding of the Walter affirming and life-saving technology at our na- f Payton Foundation, which provides financial tion's disposal, and fund the fight at the level RECOGNIZING AND HONORING and motivational support to youth and helps recommended by the Diabetes Research WALTER PAYTON AND EXPRESS- children realize that they can raise the qual- Working Group? ING CONDOLENCES OF THE ity of their lives and the lives of those As a nation, we need to refocus and rededi- around them; HOUSE TO HIS FAMILY ON HIS Whereas the Walter Payton Foundation’s cate ourselves to finding the cure for diabetes. DEATH Despite great progress to date at the NIH, we greatest legacy has been the funding and Mrs. BIGGERT. Mr. Speaker, I move support of children’s educational programs, are still not designating diabetes among our as well as programs assisting abused or ne- top priorities. For instance, from FY 1980 to suspend the rules and agree to the resolution (H. Res. 370) recognizing and glected children; and through 1999, NIH-funded diabetes research Whereas Walter Payton died on November as a percentage of the total NIH budget has honoring Walter Payton and expressing 1, 1999, of liver disease: Now, therefore, be it never exceeded 4.1 percent, despite the fact the condolences of the House of Rep- Resolved, That the House of that diabetes-related illnesses during the same resentatives to his family on his death. Representatives— period represented 12 to 14 percent of the The Clerk read as follows: (1) recognizes and honors Walter Payton— H. RES. 370 (A) as one of the greatest professional foot- health care expenses in the United States. ball players; Whereas Walter Payton was born in Co- Right now, only $30 per year in federal re- (B) for his many contributions to Mis- lumbia, Mississippi, on July 25, 1954; search is spent per person affected with dia- sissippi and the Nation throughout his life- Whereas Walter Payton was a distin- betes. That is less than a family might spend time; and guished alumnus of Jackson State Univer- for a movie and a pizza! Affected persons (C) for transcending the game of football sity, home of the Jackson State Tigers and and becoming a timeless symbol of athletic need more care and relief than $30 per per- the nationally renowned Sonic Boom of the talent, spirited competition, and a role son per year can buy. South; model as a Christian gentleman and a loving Diabetes costs our nation an estimated Whereas Walter Payton was known by all father and husband; and $105 billion annually in health care costs. In as ‘‘Sweetness’’; (2) extends its deepest condolences to Wal- Whereas Walter Payton serves as the high- addition, seniors are also at a great risk for di- ter Payton’s wife Connie, his children Brit- est example of his Christian faith and his abetes. Fully one out of every four Medicare tany and Jarrett, his mother Alyne, his sport in countless public and private ways; dollars is spent on caring for diabetes, totaling brother Eddie and sister Pam, and the other Whereas Walter Payton was truly a hero about $28.6 billion per year and making diabe- members of his family on their tragic loss. and role model for all Mississippians who had tes and its related complications Medicare's SEC. 2. The Clerk of the House of Rep- the privilege of watching him play the game resentatives shall transmit an enrolled copy single largest expense. And the human costs he loved so much; of diabetes are simply incalculable. of this resolution to the family of Walter Whereas Walter Payton was viewed by his Payton. Diabetes is not a discriminatory disease. It friends and former classmates as a fun-lov- is a lifelong condition that affects people of ing, warm, and smiling man with a joy for The SPEAKER pro tempore. Pursu- every age, race, income level, and nationality. life, his family, and his sport; ant to the rule, the gentlewoman from The number of Americans with diabetes has Whereas Walter Payton played the game of Illinois (Mrs. BIGGERT) and the gen- tleman from Maryland (Mr. CUMMINGS) increased nearly 700 percent in the past 40 football with unparalleled determination, each will control 20 minutes. years, leading the Centers for Disease Control passion, and desire; Whereas Walter Payton, an extraordinary The Chair recognizes the gentle- and Prevention to call it the ``epidemic of our Mississippian and the National Football woman from Illinois (Mrs. BIGGERT). time.'' Nearly 123,000 children and persons League’s greatest running back of all time, GENERAL LEAVE under 20 suffer from some form of diabetes. died leaving us great memories of personal Mrs. BIGGERT. Mr. Speaker, I ask The cost would most likely be lower if diabe- and athletic achievements; unanimous consent that all Members tes were detected earlier. Too frequently this Whereas Walter Payton received national may have 5 legislative days within epidemic goes undiagnosed: 5.4 million Ameri- acclaim as a running back and was the Chi- cago Bears’ first pick, and was chosen fourth which to revise and extend their re- cans have the disease but do not know it. marks on House Resolution 370. About 197,000 Americans die each year from overall, in the 1975 draft; Whereas Walter Payton played 13 seasons The SPEAKER pro tempore. Is there the complications of diabetes, and there are in the National Football League; objection to the request of the gentle- approximately 800,000 newly diagnosed cases Whereas Walter Payton played a critical woman from Illinois? each year. role in helping the Chicago Bears win Super There was no objection. But there is hope, if only Congress will set Bowl XX in 1986; Mrs. BIGGERT. Mr. Speaker, I yield aside the necessary resources to track down Whereas Walter Payton was inducted into myself such time as I may consume. promising leads and research proposals. Early the College Football Hall of Fame in 1996; Mr. Speaker, I rise in support of detection and preventive medicine is crucial in Whereas Walter Payton was inducted into House Resolution 370, which recognizes assisting Americans become better aware and the Professional Football Hall of Fame in and honors Walter Payton and ex- educated about diabetes. If we can teach pa- 1993; presses the condolences of the House of Whereas Walter Payton holds the National tients to know the warning signs and symp- Football League record for career yards— Representatives to his family on his toms of diabetes, we can lower the risks of 16,726 yards; death; and I want to thank the gen- further infection an complications. Whereas Walter Payton holds the National tleman from Mississippi (Mr. PICK- With the information technology revolution Football League record for career rushing at- ERING) for introducing this important upon us, I believe a cure is in sight. I voice my tempts—3,838 attempts; resolution.

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.143 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12041 We are here today to honor the life of ous reports of tragedies and deaths. organ to a recipient who is a complete Walter Payton, number 34 for the Chi- Last week I came to the floor to ex- stranger, are very unusual. Most live cago Bears. The tragic and all too early press condolences on behalf of this organ donors are relatives or friends of end to his life November 1 cannot ob- body for the unexpected death of the the recipient. scure his greatness, not just as a foot- great Payne Stewart, and in a few min- The donor, Sue Rouch, read about the ball player but as a human being. It is utes I will do the same for Joe Serna, desperate need for an organ donor in a not just his eight NFL records, from Jr., the recently decreased mayor of newspaper and called various local hos- career rushing yards to number of 1,000 Sacramento, California. pitals offering to become a donor. She yard rushing seasons to yards gained in I followed the news reports of the 217 is quoted as saying, ‘‘It’s a gift. I’m a a game. It is not just his 28 Chicago people who died on board Egypt Air generous person, and giving and receiv- Bears’ records. The Bears often had Flight 990, and the gunman in Hawaii ing is all part of the same circle of great individuals. Walter Payton who shot and killed his office workers. life.’’ Last Friday, she gave her gift to meant so much more to the team than But in all of these stories of death and Rick Sirak. If not for Sue Rouch, a just individual statistics. despair is a story of life and how we generous and compassionate human I still remember attending the 1963 choose to live each and every day of it. being, Rick Sirak may have suffered NFL championship game in Chicago Walter Payton began his football ca- the same fate as our hero, Walter where the Bears beat the New York Gi- reer in 1975 at the age of 21. He was 5 Payton. ants 14 to 10. Unfortunately, this would feet 10 and 200 pounds. As the Bears’ Like Rouch, Walter Payton was a be the last time any of us would see the first-round choice out of Jackson State generous and caring man. He was fa- Bears in the playoffs, that is until Wal- in Mississippi, he was an awesome mous and world renowned but he was a ter Payton arrived. He began to carry human being. Payton, the NFL’s career Good Samaritan who cared for the the Bears with his work ethic, deter- rushing leader, was called ‘‘Sweetness’’ abused and the needy among us. He mination, and relentless pursuit of ex- because of the gritty and defiant way celebrated life and brought joy into the cellence. Sometimes it seemed that he he ran the ball. His sweetness extended lives of so many he touched. was the only weapon the Bears had. off the field, where he was known for Gregory Brown, coach of the Calumet And, finally, he led the Bears back up his humor and consideration of others. Park Rams, a youth league team in to the top in Super Bowl XX in 1986. House Resolution 370 recognizes Wal- Chicago, stated, ‘‘Walter Payton was a Over the years that Walter Payton ter Payton for his career triumphs and true greatness, true poetry. We tell our played, Chicago saw a renaissance in for establishing the Walter Payton kids to run like Payton on the field its sports teams. The White Sox and Foundation, which provides financial and act like Payton in your life.’’ the Cubs made the playoffs, and Mi- and motivational support to youth and Mr. Speaker, I reserve the balance of chael Jordan began to take the Bulls to helps children realize that they can my time. the top. But Walter Payton was the raise the quality of their lives. This b 1645 first and the brightest, and the Bears resolution cites Payton as a Christian owned Chicago because of him. who was viewed by his friends and Mrs. BIGGERT. Mr. Speaker, I am More importantly, Walter Payton former classmates as a fun-loving, proud to yield 3 minutes to the gen- made his mark off the football field in warm and smiling man with a joy of tleman from Mississippi (Mr. PICK- a way that few athletes do. In truth, he life, his family and his sport. ERING), my esteemed colleague and the gave back to Chicago more than Chi- On February 2, when Walter Payton sponsor of House Resolution 370. cago could ever have given to him. He announced that he was suffering from a Mr. PICKERING. Mr. Speaker, I rise coached high school basketball, read to rare liver disease, he was frail and in support and as a proud sponsor of children in literacy programs, and emotional. I shall never forget sitting this resolution before us. made significant charitable contribu- at the television and watching him as The gentlewoman from Illinois (Mrs. tions during and after his NFL career. the tears rolled down his face. Payton BIGGERT) and her great State had the His Walter Payton Foundation funds brought joy into the lives of millions of privilege of watching Walter Payton educational programs and helps count- fans, but at 45 years old, only 45 years play for the Chicago Bears. But in Mis- less abused and neglected children old, he needed the gift of life. His liver sissippi, he was our native son and he throughout the country. disease could only be cured by an organ made us all proud in a place that takes He was a successful businessman, al- football very seriously, where there is ways open to new ventures, from his transplant, a transplant he would Bret Favre, Jerry Rice, the NFL MVPs restaurants to an Indy car racing team. never, unfortunately, receive. On November 1, Walter Payton died that we see and watch today on Sun- But perhaps, most importantly, he was days. a successful father and husband. When of a disease malignancy of the bowel But it was Walter Payton, it was his daughter Brittney joined his wife duct. He had undergone chemotherapy sweetness, that first broke through and Connie in accepting the Life Award for and radiation treatment to stem the created the greatness and the pride him at the Arete Courage in Sports cancer. But because of the aggressive that we have in Mississippi. He was a awards in late October, and when his nature of the malignancy, and because tremendous ambassador and represent- son Jarrett addressed the media 2 it had spread to other areas, a liver ative of our State and one of the great- weeks ago, we could see the same poise transplant, even if a donor were avail- est running backs of all time. in them that the world saw in Walter able, could no longer save Walter I am sad to say that, with his pass- Payton. Payton’s life. Lucky are those whose lives were By encouraging the 20,000 fans who ing, we will no longer enjoy his exam- touched by this special man. Like most attended a memorial service for ple off the field, but we will have the Chicagoans, I feel that somehow I knew Payton to register as organ donors, memory and the legacy of what he did Walter Payton; that he was one of us Walter Payton’s family used his death both on the field and as a person and as and we were better off for that. to highlight the importance of organ a father. To his wife Connie, his son Jarrett, donations and the gift of life. In other I remember well watching his son in- his daughter Brittney, and to all his words, it was their effort to try to troduce him and speak for his induc- friends, we are proud to send the Na- bring out of his death new life. tion into the Hall of Fame. What pride tion’s condolences, and to remind them I could not help but think of Walter would any father have to see a son how much Walter Payton meant to the Payton when it was reported that in stand and introduce them into the American people. His sweetness re- my own district of Baltimore, Mary- place where their peers and where his- mains with us forever. land, a 60-year-old mother of three tory records greatness. But to go to a Mr. Speaker, I reserve the balance of from Bowie donated a kidney to a 51- son, something never done before, to my time. year-old father from California. What make that introduction was a great ex- Mr. CUMMINGS. Mr. Speaker, I yield was special about this situation was ample of the priorities of Walter myself such time as I may consume. that it was a Good Samaritan organ Payton’s life. Mr. Speaker, over the last several donation. Good Samaritan organ dona- He was a native of Columbia, Mis- weeks, this Nation has endured numer- tions, in which the donor offers an sissippi. I am proud to join with my

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.108 pfrm02 PsN: H16PT1 H12042 CONGRESSIONAL RECORD — HOUSE November 16, 1999 colleague, the gentleman from Mis- high school stadiums in my district. He to his family and say that all of us are sissippi (Mr. SHOWS), who represents was a streak of lightning down the a little bit better because Walter Columbia and who will join us today in football field then, as he was years Payton lived. speaking of Walter Payton. He was an later in the NFL. Mrs. BIGGERT. Mr. Speaker, I re- alumnus of Jackson State University Walter humbly rose to star status in serve the balance of my time to close. in Jackson, Mississippi, where he re- our Nation and never let the attention Mr. CUMMINGS. Mr. Speaker, I yield ceived national acclaim as a running change him. He was always Walter. He myself such time as I may consume. back and was chosen fourth by the Chi- touched the lives of everyone, white Mr. Speaker, I am urging all of our cago Bears in the 1975 draft. and black, young and old. colleagues to support this very, very He then went on to play 13 seasons in The Bible teaches us about giving appropriate resolution. I want to thank the NFL, winning a Super Bowl and and caring, honesty and integrity. I the gentleman from Mississippi (Mr. setting the all-time record for most think Walter must have listened well PICKERING) for sponsoring it and all the yards at 16,726. to the preachers in the churches that cosponsors and for all of those who He was inducted into the college he attended as a child and throughout have spoken today. football Hall of Fame in 1996 and to the his life. Walter embodied those values When one looks back at the life of professional football Hall of Fame in that make us great and that we all Walter Payton, I can only help but 1993. He was truly a hero and role need to value ourselves. think about a song that says, ‘‘The model for all of us in Mississippi who Walter Payton was good for football, times we shared will always be. The had the privilege of watching him play he was good for our youth, and he is times we shared will always be.’’ the game he loved so much. good for America. I am indebted to I think Walter Payton brought so My condolences go out to his wife, Walter Payton for his example. We are much to our lives. One great writer Connie, and to his children, Brittany all indebted to him for his gift and life. said, he brought life to life. And there and Jarrett. Mrs. BIGGERT. Mr. Speaker, I re- is absolutely no question about that. Walter Payton will always be remem- serve the balance of my time. And so, we take a moment today to not bered for his style, class, and out- Mr. CUMMINGS. Mr. Speaker, I yield be here because he died, but we take a standing reputation on and off the 3 minutes to the distinguished gen- moment to salute him because he football field. He was a great ambas- tleman from Chicago, Illinois (Mr. lived. He took his God-given talent; sador for our home State of Mis- DAVIS). and he made the very, very best of sissippi, and he will be missed by all Mr. DAVIS of Illinois. Mr. Speaker, I them. Mississippians. He may not have been thank the gentleman from Maryland And so, to his wife, Connie, and to his the biggest or the fastest, but it was (Mr. CUMMINGS) for yielding me the children, Brittany and Jarrett and to clear he had the largest heart both on time. his relatives, we say to them, thank and off the field. I also want to thank the gentleman you very much for sharing Walter To Walter Payton we simply say, from Mississippi (Mr. PICKERING) for in- Payton with us. He lifted our lives; thank you. troducing this resolution. I am pleased and, on and off the field, he made our Mr. CUMMINGS. Mr. Speaker, it is to join with the millions of others lives better. He, indeed, brought life to my pleasure to yield 3 minutes to an- throughout America and the world who life. other distinguished gentleman from have been inspired, motivated, and Mr. Speaker, I yield back the balance Mississippi’s Fourth Congressional Dis- stimulated by the life and the legacy of of my time. trict (Mr. SHOWS). Walter Payton. Mrs. BIGGERT. Mr. Speaker, I yield Mr. SHOWS. Mr. Speaker, today I Yes, Walter was indeed a great ath- myself the balance of the time. would like to take the opportunity and lete and thrilled millions weekly as he Mr. Speaker, House Resolution 370 a minute to tell my colleagues and the glided, weaved, bobbed, and zipped up provides a fitting memorial to the ca- American people of my thoughts on and down football fields, chewing up reer and life of Walter Payton. We re- Walter Payton. Walter’s death was un- yardage, scoring touchdowns, and help- member him as an intense competitor timely, and it is important that we ing to win championships. on the field and a superb human being pause to remember this remarkable But Walter Payton was much more and citizen. He dedicated himself fully Mississippian and American. than a gifted athlete. He was a gen- to his chosen work, and he set an ex- Walter spent his life giving all he had tleman, a good son, a good husband, a ample of humor and grace that we can to his profession, the sport of football. good father, a good citizen, and yes, in- all admire. And through his remarkable gift of tal- deed, a role model. I am proud to speak in his memory, ent and ability, he gave all, what we He attended a small school, one of and I join my colleagues in urging call a real American hero. the historically black colleges and uni- swift passage of this resolution hon- Walter was a role model of fairness versities, Jackson State, in the South- oring a man whose generous life among and honesty. With open hands, he often west Conference, the same conference us was far too brief. reached down to the opponent he had that I had the opportunity to partici- I want to thank again the gentleman just out-maneuvered to help him off pate with and in when I attended one of from Mississippi (Mr. PICKERING) for in- the turf. With a sweet voice, he always the same small colleges and univer- troducing this resolution and all the offered praise and encouragement to sities. gentlemen from Mississippi and the others in football. And with courage Walter proved that it is not always a gentleman from Maryland (Mr. under fire, he never showed a quitter’s matter of where we come from as much CUMMINGS) who have spoken so elo- attitude, right up to the end. as it is sometimes a matter of where quently about the life of Walter Walter was an American hero. I can we are going. He demonstrated to all of Payton. honestly say that Walter Payton was a us that there can be inspiration in Mr. PORTER. Mr. Speaker, I rise today in mentor for a lot of young people across death just as there is inspiration in support of House Resolution 370, and to cele- our Nation. He was from my congres- life. He helped to raise the issue of brate the profound impact of the life of Walter sional district in Columbia, Mis- organ donation and transplantation, Payton. sissippi, but about 20 minutes from my even though at the latter part of his This man, who struck fear into the hearts of home. life he knew that he would not be able opposing NFL defenses for 13 years, inspires I can remember when Walter was to use one even if it was available. our hearts today. As unstoppable and resilient playing high school football, we heard I want to commend the city of Chi- as Walter Payton was on the football field, he about this young man that played at cago, my city, for the outstanding trib- was caring, as confident as he was upliftingÐ Columbia High School who was so fast ute that it paid to Walter Payton when this irresistible force was also an immovable he could go across the line and turn thousands of people filled up Soldier object of a good man. around backwards and look at his op- Field. Yes, Walter was the best on and Walter Payton exploded into Chicago in ponents backwards chasing him. off the field. So, on behalf of the people 1975. The Bears, having been spoiled by Many of us followed his remarkable in the Seventh District of Illinois, we some of the greatest running backs of all time, career from when he packed out the celebrate his life and offer condolences from Red Grange, to Bronko Nagurski, to Gale

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.110 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12043 Sayers, were looking for a savior for their `He's a black man. He's a football player. He's charitable organization, the Walter Payton backfield. Walter's 66 touchdowns, whopping a running back. He a Chicago Bear,' But I'm Foundation. Payton quietly helped collect toys 6.1 yards per carry, and NCAA scoring record more than all that. I'm a father, I'm a husband. and clothes for children who spent the holi- seemed an answer to the Monsters of the I'm a citizen. I'm a person willing to give his days away from their own families, usually be- Midway's prayer. Chicago chose him with its all. That's how I want to be remembered.'' cause of abuse or other mistreatment. For number one pick. Said Walter's first Bears po- That's how we'll remember you, Walter, and some children, the toys were the only gifts sition coach, Fred O'Connor, upon seeing his thank you. they got. new prodigy, ``God must have taken a chisel Mr. WICKER. Mr. Speaker, earlier this Walter was also a religious man. His former and said, `I'm going to make me a halfback.' '' month our Nation lost a man who earned a teammate, Mike Singletary, said that Walter For the next 13 years Walter ran roughshod lasting place in the hearts of all Americans found an inner peace the day of his death over the best athletes in the world. No one through his efforts on the football field and in when the two read scripture together. has more yards rushing, more rushing at- his community. This man, who was affection- Mr. Speaker, it came as a surprise when tempts, more rushing yards in a game, more ately known as ``Sweetness,'' distinguished Walter was diagnosed with his rare liver dis- 100-yard games, or more all-purpose yards himself as a father, a citizen, and an American ease. Still, those who followed Walter's career than Walter Payton. He won two MVP awards, sports icon. Walter Payton's road to success on and off the field believed that he would led the best football team of all time to victory started in Columbia, Mississippi, and wound overcome the disease just as he had over- in Super Bowl XX, and only missed one game through the collegiate ranks at Jackson State come many opponents on the field and in the in 13 years (a game he insisted he could have University and the rough and tumble world of boardroom. So the big shock came with news played in). Walter made a career out of fight- the National Football League. After his playing of his death. The nation grieved the loss of a ing for the extra yard, never taking the easy days, he devoted his time and energy to im- sports hero, but Chicago mourned the loss of run out of bounds, blocking for his teammates, proving the lives of others. an icon who touched many. playing through injuries, and leaping into the It is difficult to turn on a television or radio When Payton was once asked how he endzone. He was Sweetness, yet was tougher these days and not hear of another instance wanted to be remembered, he replied, ``I want than Dick Butkus and Mike Ditka. He was also where a professional athlete has taken a people to say, `Wherever he was, he was al- one of the classiest athletes in the history of wrong turn or made a bad decision which dis- ways giving it his all.' '' Mr. Speaker, I have no the NFLÐpolitely handing the ball to officials appoints legions of fans. They have made doubt that up in heaven, Walter Payton is giv- after scoring, and helping opposing players to commercials to proclaim that they are not role ing it his all. their feet after knocking them flat. Ditka, his models. Walter never did. They have shied Mrs. BIGGERT. Mr. Speaker, I yield coach and friend, dubbed him ``the greatest away from placement on a pedestal which back the balance of my time. Bear of all,'' and the best football player he'd would hold them to a higher standard. Walter The SPEAKER pro tempore (Mr. ever seen. embraced it. They have failed to realize their SHIMKUS). The question is on the mo- But for all his successes on the field, Walter influence on children who cheer for them each tion offered by the gentlewoman from was better off it. He was a restaurant owner, time they suit up. Walter understood it. They Illinois (Mrs. BIGGERT) that the House an entrepreneur, an investor in forest land and forgot the communities they once called home. suspend the rules and agree to the reso- nursing homes, a professional and amateur Walter never did. lution, House Resolution 370. race-car driver, a television commentator, a So the next time your kids hear about the The question was taken; and (two- motivational speaker, a philanthropist, a father, latest professional athlete's brush with the law, thirds having voted in favor thereof) a husband, and a friend. tell them about Walter Payton. After all, what the rules were suspended and the reso- While Walter attained amazing financial suc- parent wouldn't want their child to grow up to lution was agreed to. cess in his sporting, business, and speaking be like number 34. He was a role model in his A motion to reconsider was laid on pursuits, he turned around and gave back to public life and as a professional athlete and the table. those who could not fend for themselves. He more importantly in his life off the field as a f founded the Walter Payton Foundation to pro- husband, father, and community leader. Wal- RECOGNIZING AND HONORING vide financial and motivational support to ter, thanks for the memories. youthÐthe foundation continues to fund and Mr. LIPINSKI. Mr. Speaker, I rise today to MAYOR JOE SERNA, JR., AND support children's educational programs, and honor a great football player and person, Wal- EXPRESSING CONDOLENCES OF to assist abused and neglected children. ter Payton. As his old Chicago Bears coach, THE HOUSE OF REPRESENTA- When faced with fatal liver disease, he turned Iron Mike Ditka, said the day of his passing, TIVES TO HIS FAMILY AND PEO- his illness into a positive force by raising some might have been better runners, some PLE OF SACRAMENTO awareness of the need for organ donors. He might have been better receivers, some might Mr. OSE. Mr. Speaker, I move to sus- also helped found and support the Alliance for have been bigger or faster, but no one was a pend the rules and agree to the resolu- the Children, which serves the very neediestÐ better football player than Walter Payton. tion (H. Res. 363) recognizing and hon- the wards of the State of Illinois. In 1998 Most everyone knows that Sweetness holds oring Sacramento, California, Mayor alone, Walter's foundations provided Christ- the NFL record for rushing yards, total yards, Joe Serna, Jr., and expressing the con- mas gifts for over 35,000 children, helped over combined yards, and most rushing yards in a dolences of the House of Representa- 9,000 churches, schools and social services game, 275. But what made Payton a great tives to his family and the people of agencies raised by funds by donating auto- football player was his total packageÐthe Sacramento on his death. graphed sports memorabilia, established col- blocking, the running, the receiving, and the The Clerk read as follows: lege scholarship funds for wards of the State durabilityÐhe only missed one game his en- H. RES. 363 of Illinois, and established a job training pro- tire career, during his rookie season when the Whereas Joe Serna, Jr., was born in Stock- gram for children 18 to 21 ``graduating'' from coaches held him out despite Payton's insist- ton, California, on September 3, 1939; the Illinois Department of Children and Family ence on playing through an injury. He was Whereas Joe Serna, Jr., was the loving Services system. also the Bears emergency kicker, punter, and husband of Isabelle Hernandez-Serna and de- Walter is survived by his wife Connie, his quarterbackÐhe once played quarterback in voted father of Phillip and Lisa; children Brittany and Jarrett, his mother Alyne, 1984 when all of the Bears quarterbacks were Whereas Joe Serna, Jr., was the son of Gerania and Jose Serna and the brother of his brother Eddie, his sister Pam, his loyal injured. Maria Elena Serna, Reuben Serna, and Jesse teammates, his respectful opponents, his le- While many people throughout the nation Serna; gions of loving fans, and the millions he remember Payton along with the dominant Whereas Joe Serna, Jr., grew up the son of touched, helped and inspired in some way. He 1985 ``Super Bowl Shuffle'' team, true an immigrant farm worker, and was widely spent the final 9 months of his life, from the Chicagoans remember the high-kicking Payton recognized as ambitious with an irrepressible day he bravely announced his disease in Feb- in the Bears' lean years, when he carried the drive to succeed; ruary, surrounded by these friends and family team on his shoulders. Walter was a source of Whereas Joe Serna, Jr., experienced a piv- members. He knew he was loved in the twi- pride for Chicagoans in the late 70's and early otal point in his life when he became a suc- cessful football player on the Lodi Flames as light of his life, and we can feel that love for 80's, and the city identified with the hard-work- a sophomore qualifying to play on the var- him now that he's passed on. We should all ing, lunch-pail attitude that Payton brought to sity squad; be so blessed. the field. Whereas Joe Serna, Jr., graduated from Walter once, said, ``people see what they Walter was a role model on and off the field. Lodi High School and went to work, where want to see [in me]. They look at me and say, He owned many businesses and started a he later lost his job because he endorsed a

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.103 pfrm02 PsN: H16PT1 H12044 CONGRESSIONAL RECORD — HOUSE November 16, 1999 strike at the trailer manufacturing facility Mr. OSE. Mr. Speaker, I yield myself Mr. MATSUI. Mr. Speaker, I yield where he was employed, and decided to fur- such time as I may consume. myself such time as I may consume. I ther his education, beginning at junior col- Mr. Speaker, I rise in support of H. would first like to thank the gen- lege in Stockton, California, then transfer- Res. 363. This resolution honors the re- tleman from California (Mr. OSE) for ring to Sacramento City College and finally cently departed Mayor Joe Serna, a to California State University, Sacramento, actually yielding time to me before he where he graduated in 1966; good friend of many of us in this cham- makes his remarks, and certainly I Whereas Joe Serna, Jr., joined the Peace ber. want to thank the gentleman from In- Corps in Guatemala, where he became in- Mr. Speaker, I reserve the balance of diana (Mr. BURTON), the chair of the volved in the election of a Mayan Indian as my time. committee, certainly the gentleman mayor of a small town, providing him with a Mr. CUMMINGS. Mr. Speaker, I yield from California (Mr. WAXMAN), the first-hand education regarding the impor- myself such time as I may consume. ranking member and the gentleman tance of electoral politics; Mr. Speaker, Sacramento Mayor Joe from Maryland (Mr. CUMMINGS) for put- Whereas Joe Serna Jr., spent more than a Serna, Jr., was the oldest of four chil- decade working with migrant farm workers ting this matter on the floor at this dren in a farm-worker family. All four particular time. under the guidance of his role model, Cesar children worked with their parents Chavez, and organized food workers and co- Before I begin my remarks, I would ordinated election campaigns; picking crops and all four went on to like to mention that the gentleman Whereas Joe Serna, Jr., began teaching careers in public service. from California (Mr. OSE), the gen- classes on government and ethics at Cali- b 1700 tleman from California (Mr. DOO- fornia State University, Sacramento, and be- LITTLE), and the gentlewoman from came the primary caregiver for his children Joe Serna went from picking grapes California (Ms. ROYBAL-ALLARD) have when his first marriage ended; and tomatoes as a youngster to becom- Whereas Joe Serna, Jr., was elected to the ing the first Latino mayor of a major cosponsored this legislation. We cer- Sacramento City Council on November 3, California city. A follower of the late tainly appreciate the bipartisan effort 1981, where he served until he was elected farm labor leader Cesar Chavez, Serna on putting this on the floor. mayor on November 3, 1992; served on the Sacramento-area support Mr. Speaker, I rise today in great Whereas Joe Serna, Jr., was known as an committee for the United Farm Work- sadness to pay tribute to a very distin- elected official with profound vision for the guished leader, to one of the most out- future and the energy to implement that vi- ers and was a former member of the Sacramento Central Labor Council. In standing public servants that I have sion, who could build coalitions, ignite com- known and to a true friend. On Sunday, munity involvement, and succeed in achiev- his youth, he served in the Peace Corps ing his goals; in Guatemala as a community develop- November 7, the mayor of Sacramento, Whereas Joe Serna, Jr., leaves a legacy in ment volunteer specializing in coopera- Joe Serna, lost his courageous battle Sacramento of downtown revitalization and tives and credit unions. He became a with kidney cancer. As the Sacramento growth, more parks and places for professor of government at Cal State in community mourns his loss, I ask all Sacramentans to gather and enjoy their fam- my colleagues to join with me in salut- ilies and neighbors, a better public school Sacramento where he earned the dis- tinguished faculty award in 1991. ing his career and his efforts as one of system, more jobs, more community police, the most extraordinary persons that I and a higher quality of life; and Dubbed the ‘‘activist mayor,’’ Joe Whereas Joe Serna, Jr., faced many chal- Serna is credited with revitalizing Sac- have ever known. lenges in his life, and eventually succumbed ramento’s downtown and reforming the Joe was only 60 years old when he to his greatest challenge, the fight against Sacramento city unified school dis- passed on that November day. Joe was cancer: Now, therefore, be it trict. Under Serna’s leadership, the the son of immigrant farm workers Resolved, Sacramento City Council agreed to from whom he learned the values and SECTION 1. HONORING MAYOR JOE SERNA, JR. public-private partnerships to entice work ethics that exemplified his ca- The House of Representatives— developers to build in downtown Sac- reer. His sister said during the rosary (1) recognizes and honors Sacramento service last week that when his mother Mayor Joe Serna, Jr.— ramento. Serna commissioned a blue- ribbon group to analyze the underper- brought Joe home, she put him in a (A) as a profoundly successful leader whose crate because they could not afford a drive and energy inspired thousands, forming school district, then recruited (B) for his many lifetime contributions to a reform slate of school board can- crib. From that kind of beginning, he Sacramento, the State of California, and the didates. earned his Bachelor of Arts degree in Nation, and That slate won and has contributed social science in government from Sac- (C) for selflessly devoting his life to the ad- to the improvements in Sacramento’s ramento State College in 1966, and he vancement of others through activism, pub- school district. In 1996, Serna is quoted received a higher degree at the Univer- lic service, education, and dedication; and as saying, my biggest ambition is to be sity of California at Davis in political (2) extends the deepest condolences to science. Mayor Joe Serna’s wife, Isabelle, his son, the best mayor I can be so that the next ethnic person who comes along, Always wanting to serve others, he Phillip, and his daughter, Lisa, as well the entered, as the gentleman from Mary- citizens of Sacramento, California, for the the next African-American kid or loss of their dedicated mayor. Mexican-American kid who wants to be land said, the Peace Corps and worked in Guatemala as a community develop- SEC. 2. TRANSMITTAL OF ENROLLED COPY TO a mayor can become the mayor, and it THE FAMILY OF MAYOR JOE SERNA, won’t be a big deal. Joe Serna has left ment coordinator and volunteer spe- JR. a legacy that certainly makes that cializing in cooperatives and credit The Clerk of the House of Representatives true. My condolences and sympathies unions. Upon his return, he continued shall transmit an enrolled copy of this reso- his service to others by becoming a lution to the family of Joe Serna, Jr. go out to the Joe Serna family and friends and the hundreds of lives he teacher. He joined the faculty at Cal The SPEAKER pro tempore. Pursu- touched as the mayor of Sacramento. State University Sacramento; and in ant to the rule, the gentleman from Mr. Speaker, I ask unanimous con- 1969, became a full professor in govern- California (Mr. OSE) and the gentleman sent to allow my good friend, the gen- ment. The energy he brought to life from Maryland (Mr. CUMMINGS) each tleman from California (Mr. Matsui), was transferred to his students in the will control 20 minutes. to control the remainder of the time on classroom; and in 1991, he received the The Chair recognizes the gentleman our side. distinguished faculty award at Cal from California (Mr. OSE). The SPEAKER pro tempore (Mr. State University. GENERAL LEAVE SHIMKUS). Is there objection to the re- Continuing his calling in public serv- Mr. OSE. Mr. Speaker, I ask unani- quest of the gentleman from Maryland? ice, he was elected to the Sacramento mous consent that all Members may There was no objection. City Council in 1981, reelected in 1985, have 5 legislative days within which to Mr. OSE. Mr. Speaker, I think it and again in 1989. In 1992, he was elect- revise and extend their remarks on H. would be appropriate if I were to re- ed mayor of Sacramento and was re- Res. 363. serve the balance of my time and allow elected by huge margins in 1996. He The SPEAKER pro tempore. Is there the senior member, the gentleman leaves a proud legacy of leadership and objection to the request of the gen- from Sacramento, to speak. accomplishments. Most significantly, tleman from California? Mr. Speaker, I reserve the balance of he worked throughout his career to re- There was no objection. my time. vitalize Sacramento’s downtown. He

VerDate 29-OCT-99 03:50 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.106 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12045 initiated the Sacramento Downtown leaves a proud legacy in Sacramento’s pathies to his wife, Isabel, and his children, Partnership Association, the Art in downtown redevelopment area of Philip and Lisa. Public Places program, and the Thurs- growth, a stronger public school sys- Mayor Serna was the embodiment of the day Night Market, all of which have tem, more jobs, more community po- American dream. He rose from his roots as a made the downtown area a thriving lice and certainly a higher quality of farmworker in the 1960's to become the first gathering place for all Sacramentoans. life. Latino mayor of California's capitol city. He As a result, in 1995 the mayor re- His parting has left a major void for often told how his parents, poor Mexican im- ceived the Economic Development all of us in Sacramento County, people migrants who worked the fields, brought him Leadership Award from the National of all walks of life. Four thousand peo- home from the hospital in a cardboard box. Council for Urban Economic Develop- ple attended his service last week, peo- Joe Serna eventually left those fields to pur- ment. But his legacy was most proud in ple in business suits, and people that sue a life of public service but no matter how the area of public education. As the were dressed as ordinary citizens. I high he rose in public office, he never forgot gentleman from Maryland had said ear- wish to extend on behalf of this institu- his roots. A loyal member of the United Farm lier, in response to the erosion of our tion our deepest sincerity and heartfelt Workers Union, Joe organized one of the community’s education system, Mayor wishes to Mayor Serna’s wife Isabelle, state's first food caravans to feed striking Serna established the Mayor’s Commis- his son Phillip and daughter Lisa and grape pickers. Union President Arturo Rod- sion on Education and the City’s Fu- his mother Gerania. I, along with the riquez described Joe best when he said: ``He ture, a coalition of business and civic City of Sacramento and the people of continued in every way he could to fight for leaders. California, mourn with them. the low-income (people), for the farmworkers, The Mayor’s Commission success- Mr. Speaker, the City of Sacramento for the people that, for whatever reasons, fully led the recall of members of the has suffered tremendously from the were not being provided the respect and dig- board of trustees of the Sacramento loss of one of our most distinguished nity they deserved.'' City Unified School District and elect- and visionary leaders as well as one of For over 20 years, Mayor Serna helped lead ed a new board. I am pleased to say our best citizens. We will all miss him the great City of Sacramento. He served as a that the achievement results since that very much. member of the City Council from 1975 to 1992 time of our high school, middle school, Mr. Speaker, I reserve the balance of and was elected Mayor in 1992. It was a and grammar school children have in- my time. Mayor that his many accomplishments proved creased, which indicates that his ef- Mr. OSE. Mr. Speaker, I yield myself him a true leader. forts were not in vain but will help fu- such time as I may consume. I rise He may best be remembered for his leader- ture generations of children in Sac- today to echo the remarks of my friend ship of a movement to reform the city's public ramento. from Sacramento. It is interesting to schools. Dissatisfied with the leadership of the His education drive was one of many note that as you go through life, you school board, he led a movement to recall challenges that are identified under his meet certain individuals whose person- many of its members and to establish a pro- leadership. For example, when the Na- alities or their achievements or their gram of reform that focused on upgrading the tional Basketball Association Sac- vibrancy stay with you. schools with a $191 million school bond. ramento Kings threatened to leave Of all the things that Mayor Serna His creative leadership did not stop there. Sacramento, he began negotiating with accomplished during his many years of Determined to reinvigorate downtown Sac- the Kings organization, members of the service, perhaps the most lasting will ramento, he established the City's Neighbor- city council and community leaders to be his legacy as a teacher. He was a hood Services Department, which consolidates forge a role in keeping that basketball professor of political science at Sac- city services to support and enhance pro- franchise in our community, not so ramento State University. I cannot tell grams for healthy, thriving neighborhoods. He much for the purpose of having a major you how many young people I have run also appointed the city's first Council of Eco- sports franchise but because he knew into who, with a Cheshire smile on nomic Advisors to help frame the city's eco- that having a major sports franchise their face, remember their long debates nomic agenda and founded the Mayor's Sum- would create an enthusiasm in the in class with Mayor Serna about this mer Reading Camp, a literacy program for un- community and bring all segments of or that issue and how much they took derprivileged students. our community together. away from that time. Joe Serna was, first and foremost, a god When our military base closed, the As a young man, I came back from and decent man who wanted nothing more Sacramento Army Depot and had 3,000 school and Mayor Serna, then a city than to represent the people of Sacramento to employees, Joe rather than curse the councilman, had been recently elected the best of his abilities. His close friend and darkness, he lit a candle. He imme- to the city council. While we were not political advisor, Richie Ross, said of him: ``He diately sought businesses down in Los of the particularly same political per- was never thought of in Sacramento as any- Angeles and actually brought up a suasion on many things, he came one thing other than Mayor Joe, everybody's high-tech industry and business that day to the city council meeting, he saw mayor.'' created 6,000 jobs for many people who me sitting in the back of the hall. Dur- Today, the House of Representatives joins were then on public assistance pro- ing a break he came back, put his hand the Serna family and the people of Sac- grams and now are gainfully employed. on my shoulder and said, just like a ramento in sharing their grief over the loss of Over the past three decades, he normal person, which he was, are you Mayor Joe Serna, a distinguished American served on numerous commissions, too doing all right? I said, yes, I am, and who will be remembered forever. many for me to mention today. But thank you for asking. At that, he went Ms. PELOSI. Mr. Speaker, on Sunday, No- just as an example of his diverse lead- on about his way. vember 7 the Mayor of Sacramento, and my ership, he was co-trustee of the Crock- That was Joe Serna. The ability just good friend Joe Serna, lost his courageous er Art Museum. He was a member of to reach out, put his hand on your battle with kidney cancer. the Sacramento Housing and Redevel- shoulder, regardless of where you came Joe grew up the son of an immigrant farm opment Commission. He was on the from. He did not care. He just wanted worker, where he was taught the honorable Board of the Sacramento Employment to know whether he could help. Again, values and hard work ethic that exemplified and Training Agency, the Metropolitan of all the lessons that I take from my his career. He earned a Bachelor of Arts de- Cable Television Commission, and the acquaintance and friendship with Joe gree in social science/government from Sac- Air Quality Board of Sacramento Coun- Serna, it is that we are all teachers. ramento State College in 1966 and attended ty. Some are further along the curve than graduate school at UC, Davis, majoring in po- But beyond his accomplishments, he others. For some, maybe the curve has litical science. was known simply as an elected official ended as it has with Joe. But for the Always wanting to serve others, in 1966 with a profound vision for the future rest of my days, I will remember Joe Mayor Serna entered the Peace Corps, work- and an energy to implement that vi- Serna as a teacher. ing in Guatemala as a Community Develop- sion. He knew how to build coalitions, Ms. ESHOO. Mr. Speaker, I rise today in ment volunteer specializing in cooperatives ignite community involvement, and support of H. Res. 363, a resolution honoring and credit unions. Upon his return to the succeeded almost always in achieving the late Joe Serna, Jr., Mayor of Sacramento, States, he continued his service by pursuing his goals. Because of this vision, he California, and to express my deep sym- one of the most noble of all professiionsÐhe

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.116 pfrm02 PsN: H16PT1 H12046 CONGRESSIONAL RECORD — HOUSE November 16, 1999 became a teacher. He joined the faculty at Sacramento’s first Latino mayor in modern Serna’s supporters expect a large turnout CSU, Sacramento, in 1969 becoming a pro- history, died yesterday of kidney cancer and Wednesday, particularly from among farm- fessor of Government. Of course the energy complications from diabetes. workers, for a funeral march from Cesar Cha- Serna, 60 had briefly slipped into a diabetic vez Plaza across from Sacramento City Hall he brought to life was readily transferred to his coma Wednesday and asked to return home to the Cathedral for the Blessed Sacrament. students in the classroom, and in 1991 he re- from the hospital Friday. He died at 3:47 a.m. Serna’s family requested that all donations ceived the Distinguished Faculty Award. surrounded by his family, said Chuck be directed to the UFW union. Continuing his lifelong calling to public serv- Dalldorf, a spokesman for the mayor. Ms. ROYBAL-ALLARD. Mr. Speaker, as ice, Joe Serna was first elected to the Sac- Serna was a city councilman for 18 years chair of the Congressional Hispanic Caucus ramento City Council in 1981 and reelected in and became mayor in 1992. He may best be and as a fellow Californian, I rise in strong 1985 and 1989. He was then elected mayor of remembered for helping reinvigorate down- support of House Resolution 363, honoring the Sacramento in 1992 and again in 1996. town Sacramento and reforming his city’s life of Joe Serna, Jr. I commend my colleague, public schools by campaigning on behalf of As Mayor, Joe Serna left a proud legacy of Representative BOB MATSUI, for sponsoring leadership and accomplishments. He worked new school leadership and a $191 million school bond. this important resolution. throughout his career to revitalize Sac- ‘‘Joe led a movement to recall a large I want to express my deepest sympathies to ramento's downtown which included initiating number of school board members, elect a re- Joe Serna's family and the residents of the the Sacramento Downtown Partnership Asso- form slate, adopt a reform program and up- City of Sacramento for his passing. ciation, the ``Art in Public Places'' program, grade standards,’’ said Phil Isenberg, a Mayor Serna's death is mourned not only by and the Thursday Night Market. In 1995, former Sacramento mayor and state assem- his family, friends, and the residents of Sac- Mayor Serna was selected by the National blyman. ramento, which he so proudly represented, but Council of Urban Economic Development to Serna was a loyal friend of the late Cesar also by countless individuals for whom he Chavez, and the United Farm Workers Union receive their annual Economic Development since the 1960s, when he organized one of the served as a role model by setting an example Leadership Award. state’s first food caravans to feed striking of what can be achieved through hard work, He also established the Mayor's Commis- grape pickers. dedication, and determination to better not sion on Our Children's Health and the Mayor's ‘‘He continued in every way he could to only one's own life, but the lives of others. Commission on Education and the City's Fu- fight for the low-income (people), for the Joe Serna grew up in Northern California, ture, which led to a new Sacramento City Uni- farmworkers, for the people that, for what- the son of Mexican immigrant farm workers. fied School District Board of Trustees. As part ever reasons, were not being provided the re- Serna worked his way through junior college of his active role in improving the Sacramento spect and dignity they deserved,’’ said to become a college teacher, as well as a City School District, he founded the Mayor's United Farm Workers Union President passionate activist who spent more than a Arturo S. Rodriguez. Summer Reading Camp, a literacy program Serna also transcended ethnic politics, ac- decade working with migrant farm workers for below average scoring second and third cording to close friend and political adviser under the guidance of his role model, Cesar grade students. Richie Ross. Chavez. Over the past three decades Mayor Serna ‘‘He was never thought of in Sacramento as In 1981, Serna, was elected to the Sac- was a member of numerous organizations in- anything other than Mayor Joe, everybody’s ramento City Council where he served until cluding the Regional Transit Board of Direc- mayor,’’ said Ross. 1992, when he was elected as the first Latino tors and the Sacramento Housing and Rede- BORN IN STOCKTON Mayor of Sacramento. velopment Commission. He was the Co-trust- Serna was born in Stockton and used to During his tenure as Mayor, Serna devel- ee of the Crocker Art Museum Association tell how his parents, poor Mexican immi- oped a reputation as a leader who stood up and an Advisory Board Member of Senior grants who worked the fields, brought him for the things he believed in, such as quality home from the hospital in a cardboard box. job opportunities, strong families, good Gleaners, Inc. He was a former Chair of the He grew up in Lodi, picking grapes and to- Sacramento City/County Sports Commission, schools, and empowering the communities matoes as a youngster to help support his and people he represented. The City of Sac- member of the Board of the Sacramento Em- family. ployment and Training Agency, member of the He earned his bachelor’s degree from Sac- ramento and its residents have truly benefited Sacramento Metropolitan Cable Television ramento State University, and attended and will continue to benefit from Joe Serna's Commission and Sacramento Air Quality Man- graduate school at the University of Cali- vision and leadership. Joe Serna was a great leader and a great agement Board. From 1970 to 1975, Joe fornia at Davis. He served in the Peace Corps in Guatemala as a community development man and he will be truly missed. Serna was the Director of the United Farm- volunteer specializing in cooperatives and Mr. OSE. Mr. Speaker, I yield back workers of America's Support Committee in credit unions. the balance of my time. Sacramento County. Mayor Serna also served Serna dubbed himself an ‘‘activist’’ who Mr. MATSUI. Mr. Speaker, I yield as a two-time presidential appointed member hoped to ‘‘be the best mayor I can be so that back the balance of my time. of the Board of Directors of ``Freddie Mac.'' the next ethnic person who . . . wants to be The SPEAKER pro tempore (Mr. Mayor Serna was known as an elected offi- mayor can become the mayor, and it won’t BARR of Georgia). The question is on cial with profound vision for the future and the be a big deal.’’ the motion offered by the gentleman STRONG LEGACY energy to implement that vision. He knew how from California (Mr. OSE) that the to build coalitions, ignite community involve- ‘‘Joe was a true giant in the Latino com- House suspend the rules and agree to ment, and succeed in achieving his goals. Be- munity, and a visionary leader for all of Sac- the resolution, House Resolution 363. cause of this vision, he leaves a proud legacy ramento,’’ said Lt. Gov. Cruz Bustamante in The question was taken; and (two- a statement. ‘‘He leaves a great legacy of in Sacramento of downtown revitalization and public service, whether he was standing in thirds having voted in favor thereof) growth, a stronger public school system, more the fields fighting for farmworker rights or the rules were suspended and the reso- jobs, more community police, and a higher visiting the White House advocating for the lution was agreed to. quality of life. city he so dearly loved.’’ A motion to reconsider was laid on What made Mayor Serna such a remarkable Serna served on the Sacramento-area sup- the table. leader was his ability and willingness to listen port committee for the United Farm Work- f to the community and make himself available ers, and was a former member of the Sac- to all voices that wanted to be heard. In an ramento Central Labor Council. CONFERENCE REPORT ON H.R. 2116, He also served on an array of municipal era when following the politically expedient VETERANS MILLENNIUM HEALTH bodies, including the Sacramento Regional CARE AND BENEFITS ACT route is commonplace, Mayor Serna was Transit board of directors, the Employment never afraid to fight for what he believed in if and Training Agency, the Metropolitan Mr. STUMP. Mr. Speaker, I move to he knew it was the right thing to do. He never Cable Television Commission, and the Air suspend the rules and agree to the con- compromised his values and always brought a Quality Management Board. ference report on the bill (H.R. 2116) to sense of honor and dignity to the Sacramento Serna and his wife Isabel have two grown amend title 38, United States Code, to community. children, Philip and Lisa. The family lived in establish a program of extended care On behalf of my family and my constituents, Sacramento’s Curtis Park neighborhood. services for veterans and to make other The mayor announced to the public in improvements in health care programs I offer my condolences to Joe's wife Isabel, June he would not seek a third term because his son Philip and his daughter Lisa. of his deteriorating health. of the Department of Veterans Affairs. [From the San Francisco Chronicle, Nov. 8, Since Serna died with more than a year The Clerk read the title of the bill. 1999] left in his term—a year and a day to be (For conference report and state- Sacramento Mayor Joe Serna Jr., who rose exact—a special election will be held to de- ment, see prior proceedings of the from his roots as a farmworker to become termine a successor. House of today.)

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.116 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12047 The SPEAKER pro tempore. Pursu- Mr. EVANS. Mr. Speaker, I want to provements to veterans’ burial bene- ant to the rule, the gentleman from Ar- thank the chairman of our committee fits. I want to thank the gentlewoman izona (Mr. STUMP) and the gentleman and salute him for his outstanding from Florida (Ms. BROWN) for her out- from Illinois (Mr. EVANS) each will con- leadership. This conference agreement standing leadership on this issue. trol 20 minutes. is due in large part to the commitment As the author of the House legisla- The Chair recognizes the gentleman and determination of the gentleman tion to establish a rigorous quality as- from Arizona (Mr. STUMP). from Arizona (Mr. STUMP), the chair- surance program within the VA, I am GENERAL LEAVE man of the Committee on Veterans’ Af- pleased that the conference agreement Mr. STUMP. Mr. Speaker, I ask fairs, to address the needs of our Na- mandates a quality review program in unanimous consent that all Members tion’s veterans. I also want to thank the Veterans’ Benefits Administration may have 5 legislative days to revise the other House conferees from both that meets appropriate governmental and extend their remarks and include sides of the aisle who worked hard to- standards for independence and inter- extraneous material on the conference gether. Every Member of the House can nal control. Our veterans deserve no report on H.R. 2116. proudly support this agreement. It less. The SPEAKER pro tempore. Is there strongly reaffirms our commitment to Mr. Speaker, this is a conference objection to the request of the gen- America’s veterans. agreement that we can all be proud of, tleman from Arizona? I also want to acknowledge the com- and I urge my colleagues to support it. There was no objection. mitment of the other conferees from Mr. Speaker, I rise in support of the Vet- Mr. STUMP. Mr. Speaker, I yield my- the other body to craft this conference erans Millennium Benefits Act of 1999. H.R. self such time as I may consume. agreement. Their cooperation was es- 2116, as agreed to by the conferees, makes (Mr. STUMP asked and was given sential. significant improvements to the benefits and permission to revise and extend his re- Mr. Speaker, there are a number of services provided to America's veterans. marks.) provisions in the conference agreement I want to thank the Chairman of the Com- Mr. STUMP. Mr. Speaker, the Vet- which are particularly noteworthy. I mittee, BOB STUMP for his outstanding leader- erans Millennium Health Care and Ben- will describe only a few at this time. ship. The conference agreement before the Mr. Speaker, this conference agree- efits Act is the most comprehensive House today is due in large measure to BOB ment responds to the long-term care legislation to be acted on in behalf of STUMP's commitment and determination to ad- America’s veterans in decades. H.R. needs of our veterans. This bill man- dress the needs of our Nation's veterans. I 2116 includes landmark legislation dates that the VA provide nursing also want to thank the other House conferees mandating access to VA nursing home home care to enrolled veterans rated 70 from both sides of the aisle. Everyone worked care for severely disabled veterans and percent or more service-connected dis- well together to produce a conference agree- requiring the VA to provide more vet- abled, and to veterans with a service- ment which every Member of the House can erans with alternatives to nursing connected disability in need of institu- proudly support. It is strong reaffirmation of home care. This legislation also au- tional long-term care for that service- our commitment to America's veterans. thorizes the VA to pay for emergency connected disability. EXTENDED CARE SERVICES care service for veterans who do not Noninstitutional long-term care as have insurance or access to Medicare. part of the basic benefits package as Defining a direction for VA long-term care is Additionally, we are elevating the well for VA enrollees. As the author of imperative. In my view, the solution must de- health care priority for veterans who emergency care legislation, I am par- fine a clear policy that would preserve and receive the Purple Heart and providing ticularly pleased that the VA is au- strengthen VA's nursing home program and greater access to VA health care for thorized to provide reimbursement for prompt VA's expansion of the use of non-insti- military retirees. emergency care not provided in VA fa- tutional alternatives to long-term care without forcing unreasonable new costs on VA. This b cilities to certain enrolled veterans. 1715 As the author of the House legisla- struggle to define appropriate coverage for in- The Veterans Millennium Health tion requiring the VA to adopt, in con- dividuals who need long-term care is con- Care and Benefit Act also includes sultation with chiropractic providers, a fronting our whole health care system right many benefits, including providing spe- formal policy on chiropractic treat- now. cial borrowing authority to the Amer- ment in the VA, I am very pleased that I believe VA's future, in large measure, de- ican Battle Monuments Commission to this requirement is included in H.R. pends on its ability to address the special assure that groundbreaking on the na- 2116. needs of veterans. Inasmuch as it fails to ad- tional World War II Memorial can take I am also pleased that the agreement dress veterans' long-term care needs, particu- place on Veterans’ Day next year; mak- authorizes the VA Sexual Trauma larly for the highest priority veterans, I believe ing it easier for surviving spouses and Counseling Program and the VA’s Fed- its future is jeopardized. One of the primary children of ex-POWs to qualify for com- eral Advisory Committee on Minority reasons I became an original cosponsor and pensation and naming this provision Veterans. The conference agreement architect of the Veterans' Millennium Health for Mr. Bill Rolen of the American Ex- also contains two important provisions Care Act was to address the evolution of VA's POWs, who passed away this past Sep- that fortify important, but expensive, nursing home programs. My staff has col- tember; improving the Montgomery GI programs for vulnerable veterans with lected data from VA medical centers across Bill benefits for officers who began severe chronic mental illnesses. the country that indicates VA's role in long- military service as enlisted personnel Mr. Speaker, the conference agree- term care is diminishing substantially. There is and veterans preparing to take en- ment also reauthorizes the Homeless no longer any guarantee to life placement for trance examinations; and requiring the Veterans Reintegration Project for 4 many veterans as VA shifts its nursing homes VA to begin planning for six new addi- more years. In addition, the amount to restorative, rehabilitative and palliative care. tional cemeteries in recognition of the authorized annually for this vital pro- Veterans assuredly have a need for all of demographic realities facing our vet- gram is increased incrementally from these types of care, but neither these erans population; and, adding a rare $10 million to $20 million per year by subacute services, nor non-institutional care is form of lung cancer to the conditions fiscal year 2002. always able to substitute for nursing home presumed in law to be service con- This measure also directs the Sec- care needed for the most impaired veterans. nected due to exposure of ionizing radi- retary of Veterans Affairs to establish The good news is that this conference ation. six areas of the country most in need of agreement will define a direction for VA in Mr. Speaker, I urge my colleagues to cemetery space to serve American vet- managing long-term careÐan important, but support this conference report, and I erans and their families. I am certain expensive part of the health care continuum. reserve the balance of my time. our committee will be vigilant in its The legislation initially approved by the House Mr. EVANS. Mr. Speaker, I yield my- oversight of the Department’s compli- guaranteed extended care and non-institu- self such time as I may consume. ance with the requirements of this pro- tional care to the system's highest priority (Mr. EVANS asked and was given vision. users. The goal of the other body was to cre- permission to revise and extend his re- The Secretary is also required to con- ate a guaranteed package of non-institutional marks.) tract for an independent study on im- long-term care for all VA enrollees. This

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.118 pfrm02 PsN: H16PT1 H12048 CONGRESSIONAL RECORD — HOUSE November 16, 1999 agreement ensures institutional and non-insti- gram discretionary. While the conference ference agreement increases the number of tutional care for veterans with service-con- agreement does not include a House provision years that developers have use of property nected conditions for their service-connected to authorize reservists to receive program from 35 to 75 years. This will allow those who condition and veterans with service-connected services, a study is required to determine the want to make significant investments in prop- disabilities rated greater than 70%. It also es- needs for these services within the reservist erty to capitalize on them throughout the use- tablishes authority for VA to provide non-insti- population. With a strengthened provision on ful life of most construction projects. tutional care to all enrolled veterans. outreach, this agreement insures sexual trau- CHIROPRACTIC TREATMENT In addition, VA will be required to maintain ma counseling and treatment programs are a I am pleased the conference agreement in- the level of in-house extended care services it stronger part of VA's core services. cludes a provision requiring VA to establish a offered in 1998, while expanding non-institu- SPECIALIZED SERVICES policy on chiropractic care for veterans. While tional care. The extended care provisions also The Veterans Millennium Benefits Act incor- this requirement does not specify the nature of authorize several pilot projectsÐone based on porates two measuresÐone approved by each the policy to be established by VA, VA is di- the successful and cost-effective Program for body. To strengthen VA's paramount special rected to consult chiropractors in developing All-Inclusive Care for the Elderly (PACE) that emphasis programs, particularly for seriously this new policy. For too long, VA has lacked offers an integrated and comprehensive array chronically mentally ill veterans. The con- a formal policy on chiropractors and the care of medical and social services to help the frail ference agreement on H.R. 2116 requires VA that they provide in VA. VA should review the elderly remain as independent as possible. to report on bed closures that affect inpatient medical literature and consider those studies Another pilot will examine the appropriate use substance abuse treatment programs, post- that have shown chiropractic care for lower of assisted living for veterans served by VA. traumatic stress disorder programs or other back pain is at least as effective as ``tradi- These benefits reassert the importance of programs for the seriously chronically mentally tional'' medical treatment. While chiropractic long-term care in the continuum of care VA of- ill. A report on bed closures is also required care is not explicitly restricted in the VA, VA fers to veterans. It also provides a substantial for rehabilitation beds. The report requirement institutional barriers create restrictions for benefit to veterans which VA can accommo- is intended to encourage careful consideration chiropractors who want to practice in VA. date. While setting a new course for long-term by VA facility directors of the importance of It is clear that more Americans, as well as care, we have done so in fiscally responsible continuing treatment( regardless of setting) for mainstream medicine, are embracing certain manner that will not inflict an unfunded man- vulnerable veterans, not, as some have sug- complementary and alternative therapies. date on VA. gested, to deter bed closures entirely. Chiropractic care, which has established a li- EMERGENCY SERVICES The other provision would establish a grant censure process in every state, is a choice The conference agreement on H.R. 2116 program to allow VA to provide at least $15 many Americans, including veterans, want. I contains authority to reimburse hospitals for million to programs for treatment of post-trau- am glad VA will develop this policy and hope- enrolled veterans' emergency care. Today, too matic stress disorder and substance abuse ful it will see the wisdom of offering veterans many veterans face frustration and failure programs. Restrained budgets have taken a this choice. when they seek VA reimbursement for their serious toll on these programs that offer care DEPENDENCY AND INDEMNITY COMPENSATION FOR emergency care provided by a non-VA pro- to a very vulnerable population. These two ini- SURVIVING SPOUSES OF FORMER PRISONERS OF WAR As an original co-sponsor of H.R. 784, to vider. By emphasizing its role as a primary tiatives are intended to restore these very im- amend and liberalize the requirements for De- care provider, I believe many veterans have portant services that have been diminished pendence and Indemnity Compensation (DIC) logically assumed VA would be responsible for due to fiscal constraints. their emergency care costs. Furthermore, an for the surviving spouses of veterans who STATE HOME GRANTS were Prisoners of War (POW), I strongly sup- Executive Order in November 1997 provided The VA funds state home grants to con- all federal agencies conform to the President's port section 501 of the conference agreement. struct nursing homes and domiciliaries. This is Section 501 of the conference agreement Patient Bill of Rights. VA did not provide most a beneficial relationship between VA and which follows legislation approved by the other veterans reimbursement for treatment received states that almost every state has embraced. body will fully meet the objectives of H.R. 784 from a non-VA provider in a medical emer- As the State Homes increase, so to does vet- to liberalize the requirements for DIC eligibility. gency. Veterans' experiences in seeking reim- erans' access to long-term care. This is recog- I am also pleased that the bill recognizes the bursement from VA for emergency care, even nized as a benefit by all. tireless efforts of the late John William ``Bill'' when ``referred'' to a community provider by For some time, however, grant requests Rolen, a former POW who devoted many VA and refused transfer to VA, indicate that from the states to construct new beds have years of his life to advocating for the needs of this is a significant problem for many VA overwhelmed the ability of the Congress to his fellow POWs and their families. Bill was a users. Emergency care is a potentially cata- fund them. As a result, the backlog of grant tireless advocate for our Nation's Ex-POW's strophic ``hole'' in the safety net veterans be- requests for homes from states that long ago and it is only fitting that the last piece of legis- lieve they have with VA health care. made the commitment to serve veterans lation he urged the Congress to adopt be The conference agreement authorizes VA to through State Homes has grown tremen- named for him. reimburse providers for emergency care pro- dously. In addition, some State Homes have Section 502 of the conference agreement vided to any enrolled veteran who has used fallen into disrepair over the more than 35- follows H.R. 708, a measure I authored. This VA care within the last two years. It uses a year history of this VA program. provision restores eligibility for CHAMP±VA ``prudent lay person'' standard, as the recently I view the agreement of the conferees as a medical care, education benefits and home approved Patient Bill of Rights did, to deter- ``good Government'' proposal. It will allow VA loan assistance to remarried surviving mine what constitutes a medical emergency. I to take care of State Homes that have long spouses who lost eligibility for these benefits thank the Senator from West Virginia for cared for veterans and allow VA to give great- upon remarriage and whose subsequent mar- agreeing to support legislation offered by the er priority to states that still have a substantial riage has ended. During the 105th Congress, Senate Minority Leader, a companion to the need for State Home beds. Our veterans will legislation was enacted allowing for reinstate- emergency care legislation I authored and in- be better served by State Homes because of ment of eligibility for dependency and indem- troduced in the House. I am also pleased that, the conference agreement. nity compensation (DIC) cash benefits after in achieving a productive compromise on the ENHANCED-USE LEASE AUTHORITY termination of the remarriage. The present legislation I offered in this and the last session Recently, GAO claimed VA was ``wasting a measure completes the restoration of eligibility of Congress, this measure is now an even million dollars a day'' on its overbuilt infra- for all VA benefits lost by a surviving spouse more fiscally responsible proposal that will structure. While I do not fully support this of a service-connected veteran upon remar- allow VA to better manage this important new view, it does document the challenge VA has riage if the subsequent marriage is ended. benefit to veterans. in managing its vast array of capital assets. As an original co-sponsor of H.R. 690, I am SEXUAL TRAUMA COUNSELING SERVICES One tool VA has found useful to maintain pleased that at long last bronchiolo-aleveolar The Ranking Democratic Member of the properties not now needed for patient care or carcinoma has been added to the list of Health Subcommittee, Congressman LUIS other uses is enhanced-use leases. These radiogenic diseases which are presumed to be GUTIERREZ, has worked diligently to ensure leases allow VA to continue to hold the title to service-connected for our Nation's Atomic vet- VA's sexual trauma counseling services are properties, without having the expense of erans. Unfortunately, other medical conditions preserved and strengthened. The conference maintaining them, while they are used for pro- which are clearly radiogenic such as lung can- agreement provides that VA must offer a sex- ductive purposes by non-VA entities. cer still require proof by a dose reconstruction ual trauma program. This is an important To make these leases more attractive to procedure which the Institute of Medicine ac- change from current law that makes the pro- those who might consider their use, the con- knowledged is inadequate in its October 20,

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\CR\FM\A16NO7.108 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12049 1999 report. I am disappointed that many of access to the finalÐand for many, the onlyÐ ment includes a provision based on this sec- our Atomic veterans continue to be denied veterans benefit they will receive from our tion. compensation for their exposures while efforts grateful Nation. Under the compromise agreement, Subtitle are underway to compensate exposed civil- When the House Committee on Veterans C of Title VI requires the Secretary of Vet- ians. Affairs finally agree last year to enact legisla- erans Affairs, not later than 60 days after the WORLD WAR II MEMORIAL tion requested by the VA to enhance the State date of enactment of this Act, to contract for Both bodies approved legislation which Cemetery Grants Program, it was only after an independent study on improvements to vet- would speed construction of the World War II the Department assured the Committee that erans' burial benefits. The matters to be stud- Memorial, and the compromise measure in- the new State program would continue to sup- ied under this section include: cludes the House language related to this plement the national cemetery systemÐnot re- 1. An assessment of the adequacy and ef- issue. place it. However, the Administration's FY fectiveness of the burial benefits provided Public Law 103±32 authorized the building 2000 budget for VA failed to include a request under chapter 23 of title 38, United States of a national World War II Memorial. This leg- for the funding required to initiate any of the Code, in meeting the burial needs of veterans islation assigned responsibility for designing needed new national cemeteries. I strongly and their families. and constructing the memorial to the American urge the Administration to include the funding 2. Options to better serve the burial needs Battle Monuments Commission (ABMC), an necessary to establish the six new cemeteries of veterans and their families, including modi- independent federal agency created in 1923. required under this provision in its FY 2001 fications to burial benefit amounts and eligi- The ABMC administers, operates and main- budget. bility, including the estimated cost for each tains military cemeteries and memorials in 15 USE OF FLAT GRAVE MARKERS AT SANTA FE NATIONAL modification. countries around the world. The Commission CEMETERY, NEW MEXICO 3. Expansion of the authority of the Sec- is also responsible for the establishment of The compromise agreement of a provision, retary to provide burial benefits for burials in other memorials in the U.S., when directed by derived from S. 695, which authorizes the private-sector cemeteries and to make grants Congress. Secretary of Veterans Affairs to provide for flat to private-sector cemeteries. Under the compromise measure, the ABMC grave markers at the Sante Fe National Cem- This provision further requires the contractor is given authority to borrow funds from the etery, New Mexico. Although I supported ac- to submit the report to the Secretary no later U.S. Treasury for a brief period. Under exist- cepting this Senate provision, I want to make than 120 days after the contract is completed. ing law, groundbreaking for the WWII Memo- it clear that I continue to strongly believe that No later than 60 days following receipt of the rial may not occur until the ABMC, the Memo- upright grave markets should be the standard report, the Secretary is required to transmit rial's sponsor, has either received cash dona- for the national cemetery system. It is only the report, together with any comments re- tions equal to the estimated cost of the Memo- under very unusual circumstances that flat garding the report the Secretary considers ap- rial or has sufficient borrowing authority to as- markers should be approved, and I would not propriate, to the House and Senate Commit- sure that the Memorial will be completed. support any effort to eliminate the requirement tees on Veterans Affairs. ABMC projects that it will not receive sufficient under current law that requires upright grave For many veterans, the only benefits they cash donations until the year 2002 and that markers. receive related to their military service are construction of the Memorial will take three STUDY ON IMPROVEMENTS TO NATIONAL CEMETERIES those provided at their death. I believe it to be years. The borrowing authority provided under The conference agreement includes a provi- a matter of national honor that the level of bur- title VI of the conference agreement will en- sion, based on section 212 of H.R. 2280, to ial benefits provided adequately meet the able the ABMC to begin construction next require the Secretary of Veterans Affairs to needs of veterans and their families. This re- year. ABMC projects that it will need no more contract for a study of national cemeteries. port will help us ascertain what changes and than $11 million in borrowing authority and The study is to include an assessment ofÐ improvements need to be made in order to that borrowed funds will be repaid within three 1. One-time repairs required at each na- achieve this goal. years. It is important that construction on this tional cemetery, AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR memorial begin as soon as possible because 2. The feasibility of making appearance of PREPARATORY COURSES FOR COLLEGE AND GRAD- World War II veterans are dying at the rate of national cemeteries as attractive as the finest UATE SCHOOL ENTRANCE EXAMS 31,000 per month. cemeteries in the world, S. 1402 included a provision which would ESTABLISHMENT OF ADDITIONAL NATIONAL CEMETERIES 3. The number of additional cemeteries that enable veterans to use their benefits under the Approval of legislation by both bodies to ex- will be required for the interment of veterans Montgomery GI Bill (chapter 30, title 38, pand the national cemetery system clearly who die after 2010, and United States Code) to pay for the costs of (a) demonstrates Congressional concern regard- The report must also identify, by five-year preparatory courses for tests that are required ing this issue. Section 211 of H.R. 2280 di- period beginning with 2010 and ending with or utilized for admission to an institution of rected the Secretary of Veterans Affairs to es- 2030Ð higher education, such as the Scholastic Apti- tablish a national cemetery in each of the four 1. The number of additional national ceme- tude Test (SAT) and (b) a preparatory course areas of the United States most in need of teries required during each five-year period, for a test that is required or utilized for admis- cemetery space to serve veterans and their and sion to a graduate school, such as the Grad- families. S. 695 directed the Secretary to es- 2. The areas in the U.S. with the greatest uate Record Exam (GRE). Many colleges and tablish a national cemetery in five specific lo- concentration of veterans whose burial needs graduate schools rely heavily on the results of cations. The compromise measure generally are not served by national cemeteries or State these tests when assessing individuals seek- follows the House-approved language and re- veterans' cemeteries. ing admission to their schools, and veterans quires the Secretary to establish national Additionally, the report will include informa- should have the opportunity to take the pre- cemeteries in the six areas of the United tion regarding the advantages and disadvan- paratory courses designed to increase test States most in need. The Secretary, when de- tages of using of flat grave markers and up- scores. Accordingly, I am very pleased that termining those six sites, shall take into con- right grave markers in national cemeteries as this provision is included in the conference sideration the under-served areas listed in well as a report on the current conditions of agreement. Senate Report 106±113ÐMiami, Florida; Pitts- flat marker sections at all national cemeteries. MONTGOMERY GI BILL ENHANCEMENTS APPROVED BY burg, Pennsylvania; Detroit, Michigan; Sac- I want to repeat, however, my earlier-stated THE SENATE ramento, California; Atlanta, Georgia, and commitment to requiring, with only occasional S. 1402, the All-Volunteer Force Educational Oklahoma City, Oklahoma. These are the six exceptions, the use of upright markers in na- Assistance Programs Improvements Act of areas listed in the 1987 and 1994 VA reports tional cemeteries. 1999, would increase benefits and expand to Congress regarding the national cemetery Section 212(b)(1)(D) of H.R. 2280 required educational opportunities under the Mont- system that remain unserved. that an independent study on improvements to gomery GI Bill (MGIB) and also increase rates VA statistics show that the demand for bur- veterans' cemeteries required under section of survivors and dependents educational as- ial benefits will increase sharply in the near fu- 212 include a study of improvements to burial sistance. Unfortunately, the Senate did not ture, with interments increasing 42 percent benefits under chapter 23 of title 38, United also provide the off-sets required under the from 1995 to 2010. Unless new national States Code. This study was to include a pro- Budget Act to pay for their GI Bill amend- cemeteries are established soon, VA will not posal to increase the amount of the benefit for ments. Although I welcome the Senate's inter- be able to meet the need for burial services plot allowances under section 2303(b) of title est in veterans' education programs, without for veterans in serveral metropolitan areas of 38, to better serve veterans and their families. offsetting savings the House would not take the country, and too many veterans will lack I am very pleased that the compromise agree- up for consideration a conference agreement

VerDate 29-OCT-99 04:40 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 9920 E:\CR\FM\A16NO7.110 pfrm02 PsN: H16PT1 H12050 CONGRESSIONAL RECORD — HOUSE November 16, 1999 that included the Senate-approved MGIB REPORT ON VETERANS' EDUCATION AND VOCATIONAL free as measured by VBA. Quality standards amendments. TRAINING BY THE STATES had been relaxed to the point that VA was re- Because GI Bill enhancement's are long The compromise agreement includes a pro- porting an accuracy rate of 97%. To his credit, overdue. I introduced H.R. 1071, the Mont- vision, derived from S. 1402, that would re- the Under Secretary of Veterans Benefits, Mr. gomery GI Bill Improvements Act of 1999, ear- quire the Secretary of Veterans Affairs to pro- Joe Thompson instituted, on a trial basis, a lier this year. I strongly agree with the asser- vide a report to the House and Senate Com- new system for measuring the quality of the tion in the recent report of the Congressional mittees on Veterans Affairs listing veterans' claims adjudication work performed by VBA. Commission on Servicemembers and Vet- education and vocational training benefits pro- This new quality measure, the Strategic Tech- erans Transition Assistance that ``. . . an op- vided by the States. This report would include nical Accuracy Review (STAR) was tested and portunity to obtain the best education for benefits provided, by reason of service in the used operationally in 1998. which they qualify is the most valuable benefit Armed Forces, to active duty servicemembers, STAR use has been focused on claims sub- our Nation can offer the men and women veterans, and members of the Selected Re- mitted by veterans which require the VA to whose military service preserves our liberty.'' serve. I believe the information included in this rate the claim, make a determination as to I believe that if the Montgomery GI Bill is to document will be very helpful to veterans, and whether a medical disability is service-con- fulfill its purposes as a meaningful readjust- I urge the VA to update this initial report annu- nected or non-service-connected and deter- ment benefit and as an effective recruitment ally. mine the degree of disability manifest. Using incentive for our Armed Forces, it must be sig- EXTENSION OF AUTHORITY FOR HOUSING LOANS FOR the STAR methodology, the accuracy of var- nificantly improved. Accordingly, H.R. 1071 CERTAIN MEMBERS OF THE SELECTED RESERVE ious actions taken during the adjudication would establish a two-tiered program. Prior to 1992, only individuals who served process are used to determine if the case was Tier I would enhance the GI Bill in the fol- on active duty qualified for VA housing loan correctly or incorrectly decided. A case is ei- lowing ways for those who enlist or reenlist for benefits. Public Law 102±547, however, in- ther all right or all wrong. Using STAR, the ac- a minimum of four yearsÐ cluded a pilot program which granted loan eli- curacy rate was 64%Ðfewer than two out of Pay the full costs of tuition, fees, books and gibility, through October 1999, to persons who three claims were correctly decided. supplies. had at least six years of honorable service in While STAR provided a more realistic as- Provide a subsistence allowance of $800/ the Selected Reserve. Under a provision of sessment of the quality of VA claims adjudica- month (indexed for inflation) for 36 months. P.L. 105±368, eligibility was extended through tion, STAR does not currently meet generally Eliminate the $1,200 basic pay reduction re- September 30, 2003. accepted governmental standards for inde- quired under current law. Earlier this year, it was pointed out to me by pendence and separation of duties. Reviews Permit payment for approved specialized the executive director of the Enlisted Associa- of regional office decisions are made by per- courses offered by entities other than edu- tion of the National Guard of the United States sons who are also decision makers reporting cational institutions. (EANGUS) that, although they greatly appre- to managers whose evaluations are enhanced Tier II would enhance the GI Bill in the fol- ciated the extension enacted last year, the lim- if quality results are shown. There is not suffi- lowing ways for those who enlist for fewer itation on the availability of the program ham- cient staff whose primary focus is improving than 4 yearsÐ pered their efforts to use this benefit as an in- Increase the current basic benefit from the quality of claims adjudication at the re- centive to recruit individuals who would agree $536/month to $900/month. gional office level. In order to pinpoint errors, Eliminate the $1,200 basic pay reduction. to six-year enlistments. In response to this it is important to be able to identify regional of- Permit trainees to receive accelerated lump- very legitimate concern, I introduced H.R. fices which have specific high or low accuracy sum benefits. 1603, which would have made this eligibility rates and to ascertain the reasons for discrep- Permit payment for approved specialized permanent. The provisions of H.R. 1603 were ancies between regional offices. courses offered by entities other than edu- included in H.R. 2280 and were approved by One measure of quality, the percentage of cational institutions. the House. decisions appealed to the Board of Veterans It is my hope that next year Congress will Although the other body was unwilling to Appeals (the Board) which are either reversed adopt a budget resolution that will enable us agree to providing permanent eligibility for VA or remanded back to the regional offices for to enact H.R. 1071 and significantly improve housing loans for certain Selected Reservists, further work, is particularly disturbing. During the Montgomery GI Bill. I am pleased the conference agreement ex- fiscal year 1998, 17.2% of the appealed deci- CONTINUING ELIGIBILITY FOR EDUCATIONAL ASSISTANCE tends this eligibility through September 30, sions were reversed outright by the Board. An OF MEMBERS OF THE ARMED FORCES ATTENDING OF- 2007. additional 41.2% of the appeals were re- FICERS TRAINING SCHOOL QUALITY ASSURANCE manded for further action by the regional of- I am very pleased that included in the com- The Quality Assurance provisions of section fices. Another measure of accuracy is the in- promise measure is a provision derived from 801 of the bill are designed to assure that the tegrity of data relied upon by the VBA. During S. 1402 that would allow servicemembers to Veterans Benefits Administration's (VBA) inter- 1998, the VA Inspector General issued a re- retain their eligibility under the Montgomery GI nal quality assurance activities meet the rec- port finding that data entered into the VBA Bill (MGIB) if they are discharged during their ognized appropriate governmental standards computer system was being manipulated to initial enlistment period to receive a commis- for independence. This will require the estab- make it appear that claims were processed sion as an officer. lishment within VBA of a quality assurance more efficiently than was actually occurring. The Committee recently learned that an en- program which comports with generally ac- Problems are not confined to the Com- listed servicemember who completes Officer cepted government standards for performance pensation and Pension Service. In reviewing Training School (OTS) or Officer Candidate audits. VA's compliance with statutory financial re- School (OCS) is discharged upon completion For years our Nation's veterans who filed a quirements, the General Accounting Office of this school in order to accept an immediate claim with the Department of Veterans Affairs (GAO) noted that VA's home loan program commission as an officer. If the discharge oc- (VA) for benefits associated with their military was unable to perform routine accounting curs before the servicemember completes his service, particularly service-connected dis- functions and had lost control over a number or her minimum period of active duty required ability compensation, have been forced to con- of loans which were transferred to an outside to establish MGIB eligibility, the tend with a VA claims adjudication process loan company for continued loan servicing. VA servicemember becomes ineligible for edu- which has been both too slow and too inac- was not able to obtain an unqualified audit cation benefits. The Subcommittee on Benefits curate. Recent information suggests that after opinion as a result of these deficiencies. On held hearings on October 28, 1999 on a draft waiting years for a decision, one out of three February 24, 1999, VA's Inspector General re- bill to allow the two periods of active duty to veterans may find that the rating decision ported that the $400 million vocational rehabili- be considered as one, thereby permitting made by VA was wrong. Untimely and inac- tation program was placed at high risk after these individuals to maintain their MGIB eligi- curate decision-making by the VA, and par- the Qualify Assurance Program for that serv- bility. Similar language is included in the com- ticularly the Veterans Benefits Administration ice was discontinued in 1995. promise agreement. (VBA), have been twin problems which have Because of the fundamental importance of It was not the intent of Congress that certain plagued veterans, veterans service organiza- accurate and effective claims processing and young men and women selected to attend tions and Members of Congress who assist adjudication by VA regional offices, and the OTS or OCS to be forced to make a choice their veteran constituents. need for effective oversight of Regional Office between being commissioned and maintaining While experience clearly indicated other- claims processing and adjudication by the their GI Bill eligibility. This provision will cor- wise, between 1993 and 1997, VBA reported VBA, I requested GAO to review VBA's quality rect this unintentional inequity in law. that the quality of its work was nearly error assurance policies and practices. On March 1,

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 9920 E:\CR\FM\A16NO7.113 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12051 1999, GAO issued a report which determined HOMELESS VETERANS' REINTEGRATION PROGRAMS tral themes: one, to give the VA much that further improvement was needed in I am very pleased that the conference needed direction for meeting veterans’ claims-processing accuracy. In particular, agreement reauthorized the Homeless Vet- long-term care; two, to expand vet- GAO determined that VBA's quality assurance erans' Reintegration Programs (HVRP). Under erans’ access to care; three, to close activities did not meet the standards for inde- the compromise agreement, this program gaps in current eligibility law; and, pendence and internal control. These stand- would be extended for four years through fis- four, to make needed reforms that will ards are contained in the Comptroller General cal year 2003. The authorized funding levels further improve the VA health care of the United States, United States General for the program would be $10 million in FY system. Accounting publication Government Auditing 2000, $15 million in FY 2001, $20 million in This important legislation tackles Standards (1994 Revision). FY 2002, and $20 million in FY 2003. Al- some of the major challenges that we Section 801 of the bill is designed to give though section 302 of H.R. 2280 would have face with the VA health care system, VBA sufficient flexibility to design the program extended this program for five years at author- and foremost among these are the long- in a manner so as to achieve its objective of ized funding levels of $10 million for FY 2000, term care of our aging veterans. The improving the quality of claims adjudication. I $15 million for FY 2001, $20 million for FY challenge has gone unanswered for too have been informally advised by the General 2002, $25 million for FY 2003, and $30 million long. And of singular importance, this Accounting Office that under VBA's present for FY 2004, the compromise is a good one. legislation would put a halt to the structure, placement of the functions within the It will enable the community-based organiza- steady erosion we have seen in the VA jurisdiction of the Deputy Under Secretary for tions across the country that are funded by long-term care program. It would establish for the first time Management would provide sufficient inde- this program to continue their very effective that the VA must maintain and oper- pendence to meet the relevant standards. work helping homeless veterans reenter the In fiscal year 2000, the GAO will pay over ate long-term care programs. It would workforce. require that the VA provide needed $22 billion in monetary benefits to veterans. I Mr. Speaker, I reserve the balance of nursing home care to veterans who are expect that the careful development and im- my time. plementation of a program of quality assur- Mr. STUMP. Mr. Speaker, I yield 6 70 percent or more service-connected ance, which meets generally accepted govern- minutes to the gentleman from Florida disabled and veterans who need such mental auditing standards for program per- care for service-connected conditions. (Mr. STEARNS), the chairman of our formance audits, will provide impartial and Subcommittee on Health. It would also provide for the VA to fur- independent oversight of the quality of claims Mr. STEARNS. Mr. Speaker, I thank nish alternatives to institutional care adjudication decisions and will improve the the gentleman for yielding me this to veterans who are enrolled for VA confidence of veterans in a system which is time. I commend his leadership in care. Through these and other provi- designed to recognize the sacrifices our Na- pushing this bill forward. I commend sions, it would provide greater assur- tion's veterans have made. the gentleman from Illinois (Mr. ance that veterans who rely on VA for With the establishment of independent over- care would have access to needed serv- EVANS) and the gentleman from Illinois sight of the qualify of claims adjudication deci- ices. (Mr. GUTIERREZ), my ranking member. sions, the number of claims which are re- The conferees devoted a great deal of I also want to commend the staff, the manded because of the poor quality of claims time to the issue of long-term care be- adjudication will be reduced. With better initial senior member, Ralph Immon and Carl cause it is of such importance to our decisions and fewer remands for re-adjudica- Commenator, who is chief of staff for aging veterans population. These are tion, veterans will receive a quicker and a the gentleman from Arizona (Mr. very important provisions to our vet- more accurate response. STUMP), for all of the diligence that erans, and we will certainly monitor The conference agreement changes the they did; and many of us know a lot of their impact in the months and years way decisions concerning claims for com- these bills do not get put together ahead. pensation and pension, education, vocational until the staff is implementing them There are a couple of things, Mr. rehabilitation and counseling, home loan and and does the details. Speaker, that I am a little dis- insurance benefits will be reviewed and evalu- I think it is altogether fitting this appointed about; and one is that we did ated. Employees who are independent of deci- afternoon, as we honored America’s not contain the question of the obso- sions makers will be devoted to identifying veterans and fallen heroes last week, lete, unused VA hospitals. We had set a problems in the decision-making process. By that we make this historic bill come to particular criteria, limits and safe- identifying the kinds of errors made by VA per- the House and get passage. I think it guards. This was not adopted. Veterans sonnel, VBA managers will be able to take ap- will be a day that we look back on and and VA employees would have been propriate action. I expect that remand rates note that Congress took two historic better served by the protections we will be significantly reduced and veterans will steps during this first session of the proposed. But they were not part of the find that VA makes the right decision the first 106th Congress. One, of course, was bill, and that is for another time. time the claim is presented. As the author of passing an additional $1.7 billion for The measure we take up today, how- the language, I am pleased the conference veterans’ medical care; and second, I ever, helps address the VA’s infrastruc- agreement contains these provisions. believe, will be the adoption of this ture challenge. In essence, the VA has We can not expect any real improvement in bill. It is a bold new step for our vet- an extensive facility infrastructure, the timeliness of claims adjudication unless erans for the next millennium, and I and with it, the burden of maintaining the barriers to quality decision making are am very pleased that we were able to thousands of buildings and extensive identified and addressed in a systemic fash- get bipartisan support. It covers a acreage at more than 180 sites across ion. Our nation's veterans deserve to have broad spectrum of veterans’ benefits, the country. While the conference re- their claims for VA benefits decided right the some of the most significant provisions port does not specifically address the first time. By enacting this provision, Congress affecting the VA health care system, inevitable need for the VA to deal with has put the VA claims adjudication process on and I am proud to have introduced this these obsolete facilities so that the the right track. Our veterans deserve no less. bill. money spent on them could be used to ADVISORY COMMITTEE ON MINORITY VETERANS In working with the other body in take care of our veterans, it gives the The Advisory Committee on Minority Vet- conference, we set aside a few conten- VA an important tool to improve the erans has offered concrete recommendations tious issues, adopted a number of Sen- management of its capital assets, and I for the last five years to the Secretary on the ate provisions, and strengthened some think that is important. It does so by special challenges of minority veterans who of our own. At its core, however, I say providing VA facility managers consid- seek care and benefits from VA. Unlike many to my colleagues, the conference report erably more flexibility and incentives other Federal Advisory Committees, the au- achieves a broad goal underlying the to negotiate long-term leases under thority for the Advisory Committee on Minority millennium health care bill that we which unused or under-used VA prop- Veterans is temporary. H.R. 2116 as agreed voted on overwhelmingly here not too erties may be developed. Given the cap- to by the conference extends the authority for long ago. Most important, the bill pro- ital resources at the VA’s disposal, this Committee through 2003. I will continue to vides a blueprint, as I mentioned ear- long-term care leasing could be used work to ensure that the authority for the Com- lier, for the next millennium. extensively. Importantly, veterans will mittee is offered parity with other Federal Ad- Like the original House-passed meas- be the ultimate beneficiaries of these visory Committees and extended indefinitely. ure, the conference report has four cen- projects.

VerDate 29-OCT-99 04:40 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.115 pfrm02 PsN: H16PT1 H12052 CONGRESSIONAL RECORD — HOUSE November 16, 1999 The VA health care system has im- programs. Moreover, it would establish a term (up to 35 years) leases under which VA proved significantly, I believe, in the framework for expanding access to needed could permit private development of VA prop- last 4 years; and this comprehensive long-term care services. And it could provide erty for uses that are not inconsistent with bill will continue the VA on the course greater assurance than under current law that VA's mission, so long as the overall objective of providing veterans better access to veterans who rely on VA for care would gain of the lease enhances a VA mission. En- needed care. I am proud, and I believe access to needed services. At the same time, hanced use leasing offers VA an opportunity this bill breaks brand-new ground in we have approached this difficult issue with to benefit from unused or underused capital such areas as long-term care. sensitivity to its costs, and will be monitoring assets. VA has employed this authority to de- Mr. Speaker, there are many other its impact. To illustrate, in our conference with velop such new uses as child care centers, provisions in this bill. Let me just the Senate we substantially modified a provi- parking facilities, and energy generation touch on one. For example, the bill sion in S. 1076 which would have required VA projects. arms the VA for the first time with the to provide an extensive array of services (spe- Given the capital resources at VA's dis- means to cover uninsured veterans who cifically identified services constituting alter- posal, long-term leasing could be used even cannot reach a VA facility in a medical natives to institutional care) to veterans en- more extensively to improve VA's health-deliv- emergency. It provides assurance that rolled for VA care. Among the changes to that ery mission. To that end, this measure would a combat-injured veteran who has not provision which were adopted by the con- expand VA's enhanced use leasing authority. previously sought VA compensation ferees was language which makes it clear It would give VA the latitude to enter into such can get priority health care. It offers that, in the case of a veteran who has eligi- a leaseÐnot simply to enhance VA property military retirees improved access to bility for such a service (home health care, for with an activity that contribute to the VA mis- VA care. It extends and expands VA’s example) under another Federal program, VA sionÐbut to realize the broader goal of im- grant program to assist in combating has no obligation to furnish that service. The proving services to veterans in the area. So homelessness among veterans. It con- expectation, instead, is that VA would refer, or this leasing authority could be used to gen- tinues VA sexual trauma counseling otherwise arrange for that veteran to obtain erate revenue from unneeded VA assets and program, it reforms the VA program of those services as beneficiary of that other pro- apply such revenue to improve VA care. To grants to the States to assist in the gram. foster that objective, the enabling legislation construction and renovation of States’ The original House-passed bill confronted would be further amended to provide greater veterans’ homes; and lastly, it provides the challenge posed by a General Accounting incentives for facility management to use this for new revenues which would help Office audit which found that VA may spend valuable tool. To that end, the measure pro- place the VA health care system on a billions of dollars in the next five years to op- vides that consideration under such a lease is sounder footing. erate unneeded buildings. In testimony before to be retained locally and used to improve So for all of these reasons, I strongly my Subcommittee, GAO stated that one of services. It would also expand the maximum urge my colleagues to vote for this and every four VA medical care dollars is spent in lease term from the current 35 years to 75 adopt the conference report. maintaining buildings rather than caring for pa- years, thus overcoming a limitation which can Mr. Speaker, I rise in support of the con- tients. It is no secret that VA has discussed be a formidable barrier to needed financing. ference report. hospital closures (and has a closure proposal It is noteworthy that VA has in some in- It is altogether fitting that after honoring under review at this time). In some locations, stances entered into enhanced use leases in America's fallen heroes last week at Veterans' changing the mission of a VA facility would which the lessee has obtained financing for Day ceremonies across the country, we bring certainly make sense. The point is that VA has the development of facilities through the mu- a historic veterans' bill to the floor today. the authority to take such a step and has al- nicipal bond market. The availability of this I believe we will one day look back, and ready used in an number of instances. source of low-cost financing for facilities devel- note that the Congress took two historic ac- I am disappointed that the conference report oped on VA-controlled lands under enhanced- tions on behalf of America's veterans this ses- does not contain a House-passed provision use leases has resulted in significant savings sion. First, it rejected an Administration budget which focused directly on the question of ob- and revenues for VA, furthering its ability to plan which would have crippled the VA health solete, underused VA hospitals. That bill serve veterans. The availability of municipal care system. Instead, we added a record $1.7 would have set some important limits and bond market financing has also encouraged billion for veterans' medical care. Second, we safeguards on the process VA employs in re- VA to enter into mutually advantageous ar- adopted this conference report. aligning its facilities. Veterans and VA employ- rangements with state and local entities which, While the report covers a broad spectrum of ees would have been well served by the pro- in turn, has fostered ventures which not only veterans' benefits, some of its more significant tections proposed in that billÐprotections advance VA's mission but benefit local gov- provisions affect the VA health care system, which are not provided under current law. In ernment entities and local communities. Ac- and have their genesis in the Veterans Millen- sum, that provision was not aimed at dimin- cordingly, the Secretary is encouraged to pur- nium Health Care Act, H.R. 2116, which I am ishing the services furnished America's vet- sue this type of financing for its enhanced-use proud to have introduced. erans, but at improving them. In working with the other body in con- The measure we take up today does, how- lessees. Moreover, any facility, structure or im- ference, we set aside a few contentious issues ever, help address the VA's infrastructure provement that is subject to an enhanced use and adopted a number of Senate provisions challenge. In essence, VA has an extensive lease should be considered a public project while strengthening some of our own. At its facility infrastructure, and with it the burden of owned by and under the general control of the core, however, the conference report achieves maintaining thousands of buildings and acre- Department of Veterans' Affairs if such facility, the broad goals underlying the Veterans' Mil- age across the country. It maintains some structure or improvement was developed, con- lennium Health Care Act. Most important, this 4700 buildings at more than 180 major sites. structed, operated, or maintained pursuant to bill provides a blueprint to help position VA for More than 40 percent of those structure are an enhanced-use lease. the future. more than 50 years old; almost 200 of them In sum, the VA health care system has cer- Like the original House-passed measure, were built before 1900. Many of its facilities tainly improved significantly in the last four the conference report has four central themes: were designed to provide care in a very dif- years. This comprehensive bill would continue (1) to give VA much-needed direction for ferent manner than the way care is provided VA on the course of improving veterans' ac- meeting veterans' long-term care needs; (2) to today. While VA has made renovations to its cess to needed care. I'm proud that this bill expand veterans' access to care; (3) to close older hospitals to keep them operational and breaks new ground for our veterans in the gaps in current eligibility law; and (4) to make safe, many are functionally obsolete. areas of long term care, emergency care cov- needed reforms that will further improve the While the conference report does not spe- erage, military retirees' care, and placing the VA for health care system. cifically address the closure of obsolete facili- VA health care system on a sounder footing. This important legislation tackles some of ties or direct VA to confront its infrastructure We have worked closely with veterans' or- the major challenges facing the VA health challenge, it provides VA an important tool to ganizations in developing this legislation; they care system. Foremost among VA's chal- improve the management of its capital assets. have recognized the important advances the lenges are the long-term care needs of aging It does so by giving VA considerably more bill would establish. I particularly want to thank veterans. That challenge has gone unan- flexibility, and incentive, to employ what has to the many veterans organizationsÐrep- swered for too long. Of singular importance, date been a little used authority known as ``en- resenting millions of veteransÐwho supported this legislation would put a halt to the steady hanced use leasing.'' Under authority created and worked for this legislation. We and they erosion we have seen in VA long term care in Public Law 102±86, VA may enter into long- have not achieved all our objectives, but we

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.122 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12053 have taken a major step toward the new mil- chiropractic, a policy that will provide POW could have a lower disability rat- lennium in honoring our commitment to vet- veterans with access to this care. It en- ing that worsened over time. erans. sures that veterans, like patients in This issue was first brought to my at- Mr. Speaker, I urge Members to join with every other health care system, will tention by a very close friend of mine, the many veterans groups and support this im- have the ability to make health care Mr. Wayne Hitchcock of Dunedin, Flor- portant bill. choices that best address their needs. ida. Wayne is the past national com- Mr. EVANS. Mr. Speaker, I yield 3 It affords veterans the best of both mander of the American Ex-Prisoners minutes to the gentleman from Cali- worlds by integrating conventional of War, and is now seriously ill and in fornia (Mr. FILNER). medicine with complementary medi- the hospital. I credit this portion of Mr. FILNER. Mr. Speaker, I too rise cine, so I am pleased to support this H.R. 2116 to ex-POWs Wayne Hitchcock in full support of the conference agree- provision of the bill. and recently deceased Bill Rolen. ment on long-term veterans’ health Mr. Speaker, H.R. 2116 is an excellent After talking to Wayne, I introduced care, and I thank the gentleman from agreement that will enhance the lives the bill to waive the 10-year time re- Florida (Mr. STEARNS), chairman of the of millions of veterans and their fami- quirement for the surviving spouses of Subcommittee on Health of the Com- lies. I urge my colleagues to vote in former POWs. The bill was incor- mittee on Veterans Affairs for leading favor of this measure. porated into a larger benefits bill us in a bipartisan bill that we could all Mr. STUMP. Mr. Speaker, I yield 3 which passed the House in June. The support. As the gentleman said, this minutes to the gentleman from Florida provisions that have been included in bill improves and enhances virtually (Mr. BILIRAKIS), a member of the com- H.R. 2116 are slightly modified. They every major program administered by mittee. will allow the surviving spouse of a the Department of Veterans’ Affairs. b 1730 former POW to receive DIC compensa- As the ranking Democrat on the Sub- tion if the veteran is rated totally dis- committee on Benefits, there are two Mr. BILIRAKIS. Mr. Speaker, I abled for 1 year prior to his death. provisions I particularly want to men- thank the gentleman for yielding time We all know, Mr. Speaker, that mili- tion. Legislation I sponsored in the to me. tary service does not take place in a 105th Congress restored eligibility for Mr. Speaker, I rise, too, in strong vacuum. Many POWs experience un- dependency and indemnity compensa- support of H.R. 2116, the Veterans’ Mil- imaginable horrors. Today many con- tion to former DIC recipients who had lennium Health Care Act. tinue to experience prolonged battles lost eligibility for this benefit when In addition to making comprehensive with various illnesses and other dis- they remarried. My provision in Public reforms to the veterans health care abilities. Consequently, their spouses Law 150–178 restored DIC benefits if a system, which others have and will de- have spent years caring for them after subsequent marriage ended. I am very scribe, this legislation includes provi- their release from prisoner of war pleased that section 502 of this agree- sions to assist the surviving spouses of camps. These women deserve DIC bene- ment expands that legislation and will certain former prisoners of war. fits. I urge my colleagues to support restore CHAMPVA medical coverage, These provisions, Mr. Speaker, are this legislation. educational assistance, and housing similar to legislation that I introduced Mr. EVANS. Mr. Speaker, I yield loan benefits to this group of surviving earlier this year. Specifically, the pro- such time as he may consume to the spouses. visions included in H.R. 2116 will allow gentleman from Texas (Mr. GREEN). Additionally, I am very pleased that certain spouses of former POWs to (Mr. GREEN of Texas asked and was section 901 of this bill reauthorizes and qualify for survivor benefits. These given permission to revise and extend increases funding for the Homeless women might not otherwise be eligible his remarks.) Veterans Reintegration Program. for such benefits under current law. Mr. GREEN of Texas. Mr. Speaker, I rise I am very satisfied with the com- The Dependency and Indemnity Com- today concerning H.R. 2116, the Veterans' promise in the bill that gradually in- pensation, the DIC program, provides Millennium Health Care Act. creases funding to $20 million per year monthly benefits to the survivors of As my colleagues are aware, I have been a that will enable the Department of La- veterans who die of service-connected strong supporter of veterans since my election bor’s Veterans’ Employment and conditions. Under current law, DIC to this House. However, this bill, hastily added Training Service to effectively admin- payments may also be authorized for to the schedule today, could be unfair and det- ister the program, and the increased the survivors of veterans whose deaths rimental to veterans in the State of Texas. funding level will give thousands of were not the result of a service-con- Section 206 of this bill would reorder the pri- homeless veterans the assistance they nected disability. orities under which state veterans' homes cur- need to reenter employment. In this case, the spouse only qualifies rently receive VA state home construction Finally, I want to commend the con- for DIC benefits if the former POW is grants. Under the current priority scheme, ferees for including the House-passed rated totally disabled for a period of 10 Texas would likely receive grants for seven provision which enables veterans to re- years or more immediately preceding State Veteran Home projects. Our projects ceive chiropractic care through the his death. hold spots 3±9 on the VA list that was pub- health care system. Chiropractic is the There are approximately 20 presump- lished on November 3 of this year. Section most widespread of the complementary tive service-connected conditions for 206 could reduce the number of State Vet- and alternative approaches to medicine former POWs who were detained or in- erans' Homes Texas would receive. in the United States. Each year, nearly terned for at least 30 days. Unfortu- Texas has the third largest veterans' popu- 27 million patients seek the services of nately, some of these presumptions lation in the nation, and that population is doctors of chiropractic, receiving safe have been in effect for less than 10 aging. Until last year, we had never received and effective and appropriate care from years. This means that a spouse of a any funding for these grants. We received highly trained State-licensed pro- former POW may not qualify for DIC grants for four last year, and while those funds viders. The research record continues benefits if the veteran dies of a non- have helped, the need for additional homes is to validate the use of chiropractic for a service-connected condition before still great. wide range of conditions. meeting the 10-year time requirement. I understand that the new priority scheme In practically all areas of the Federal Even if a presumption has been in ef- would prioritize funding for upgrading existing health care system, Congress has rec- fect for 10 or more years, many ex- facilities where there are safety concerns. This ognized this rule of chiropractic care POWs will not have been rated as to- is a difficult balance to strike, but what stands by providing beneficiaries with access tally disabled for the minimum period out to me is that this process is already under- to services. The VA has chosen not to of time required before their deaths. way and the State of Texas has already made make chiropractic routinely available This may occur for a variety of rea- plans for these homes. Now we want to to veterans, thereby limiting their sons. For example, the POW may not change that process in midstream and this choice and their ability to be an active have filed a disability claim as soon as legislation would make no accommodation for participant in their own health care. the presumption was enacted, or it that. This agreement ensures that the VA may have taken a while for his claim Nobody wants to vote against veterans will develop, with licensed doctors of to be adjudicated. Alternatively, the health care, so I would urge my colleagues to

VerDate 29-OCT-99 03:54 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 9920 E:\CR\FM\A16NO7.100 pfrm02 PsN: H16PT1 H12054 CONGRESSIONAL RECORD — HOUSE November 16, 1999 delay this legislation so that we can reach an the uniform of our country in peace- veterans, and I thank the ranking mi- agreement that would treat all of our nation's time and in war, that I am pleased to nority member for his continued com- veterans fairly. rise today in support of H.R. 2116, the mitment and support, as well. Mr. EVANS. Mr. Speaker, I yield 3 bipartisan Veterans’ Millenium Health Mr. Speaker, in closing, I would cele- minutes to the gentlewoman from Care Act. brate the bipartisan nature of this bill, Florida (Ms. BROWN). Mr. Speaker, veterans’ benefits are and join with the gentleman from Ari- Ms. BROWN of Florida. Mr. Speaker, truly earned opportunities. I am very zona (Chairman STUMP) and the rank- it is a pleasure to come to the floor pleased we are able to approach this ing member, the gentleman from Illi- today to support the conference report new century with comprehensive new nois (Mr. EVANS) in congratulating Ms. for the Veterans Millenium Health legislation. This bill makes a number Jill Cochran, longtime Democratic Care Act. This was the first conference of needed improvements to programs member staff director for the Sub- involving Members in many years, in serving veterans, two of which I would committee on Benefits, on her upcom- fact, 25. We have only had three con- like to briefly highlight. ing retirement after a quarter century, ferences in 25 years, so I wanted to As the gentleman from Arizona 25 years of dedicated service to our vet- thank my colleagues and the com- (Chairman STUMP) indicated, the bill erans affairs committee. mittee staff for all of their hard work would authorize the American Battle Mr. Speaker, Jill has made a wonder- in putting this compromise bill to- Monuments Commission to begin con- ful contribution. I know my colleagues gether. struction of the World War II monu- in this body extend their kindest wish- The Veterans Millenium Health Care ment here in the District of Columbia. es as she embarks on the next phase of Act will positively serve veterans in Mr. Speaker, the World War II gen- her journey in life. my State of Florida and throughout eration, as NBC nightly news managing Mr. EVANS. Mr. Speaker, I yield 3 the Nation. This bill, although not per- editor and anchor Tom Brokaw has minutes to the gentleman from Texas fect, will offer additional medical and written, is in fact the greatest genera- (Mr. RODRIGUEZ). long-term care options for a rapidly tion. What greater gift can one genera- Mr. RODRIGUEZ. Mr. Speaker, I aging veterans population, extend vital tion, in this case, our World War II thank the gentleman from Illinois (Mr. programs like VA’s sexual trauma pro- generation, give to the generations EVANS), the ranking minority member, gram, the health evaluation programs that follow than freedom? And, what for yielding time to me, and I thank for Gulf War veterans, and VA home- more enduring thanks can America him for his efforts in this area. less veterans assistance programs; in give our World War II veterans than to Mr. Speaker, there is no doubt that addition, education benefits and hous- build their memorial, and build it now? there is a critical need throughout the ing loan guarantees, and requiring the H.R. 2116 also aggressively authorizes United States when it comes to our Secretary of Veterans Affairs to obli- appropriations to the Department of veterans, our homeless veterans that gate funds for the establishment of six Labor for the homeless veterans re- are in need of housing. In Texas in par- additional national cemeteries for vet- integration program. Mr. Speaker, as ticular, I know that we have been erans, and to conduct an independent we approach a new century, on any working real hard and got the first ini- study on burial benefits. given evening it is estimated that more tial four. It was one of the first States I have personally worked very hard than 275,000 veterans, the equivalent of that did not have any additional in support of additional cemetery 17 infantry divisions, will sleep in door- homes. spaces for our veterans. My State of ways, in boxes, and on grates in our I want to take this opportunity and Florida, which has the oldest veteran cities, and in barns, in lean-tos, and on ask the subcommittee chairman, the population in the Nation, is in des- the ground in our towns. gentleman from Florida (Mr. STEARNS) perate need of additional burial space. Mr. Speaker, our millenium bill aims to engage in a colloquy, if he would. Today, of the four national cemeteries to help many of these men and women One of the things that I wanted to in Florida, only two remain fully open find jobs by authorizing a 4-year in- ask, because I know one of the things to the veterans population. For those crease in Labor Department funding as we move into next year, we have al- who served this country with pride and for this competitively-bid nationwide located $90 million. I feel real strongly dignity, VA will now be obligated to that there is a need for additional re- provide an opportunity to be buried in community-based employment pro- a national cemetery near their home, gram. I know of no group that wants to sources. We know we have a long list. It is my understanding that one of an opportunity that is not available to break the cycle of homelessness more the new priorities that we have indi- many of our veterans. than America’s sons and daughters who Standing on the threshold of a new have worn the uniform of this country. cated and that we have reranked is century, it is our obligation as Mem- Finally, Mr. Speaker, I would note based on need, and it is based on identi- bers of Congress to again affirm Amer- that despite the strong efforts of the fying the importance of that need in ica’s solid commitment to her vet- gentleman from Arizona (Chairman those specific States. I just want to get erans, past, present, and future, and to STUMP), the ranking member, the gen- a clarification from the gentleman their families, and to provide the ap- tleman from Illinois (Mr. EVANS), and from that perspective. In addition to propriate health care and service prom- the efforts of our own subcommittee that, I want to get some feedback also ised them. The Department of Veterans chaired by the gentleman from New from the gentleman in terms of hope- Affairs will fully carry out its responsi- York (Mr. QUINN), the House version fully a drive or push as we move into bility to that end. for the current G.I. bill and the role it the year 2000, 2001, and on for stressing Mr. STUMP. Mr. Speaker, I yield 4 hopefully will play in resolving vet- the importance of additional resources minutes to the gentleman from Ari- erans’ transition and military recruit- in this specific area. zona (Mr. HAYWORTH), a member of the ment issues in the next century is not Mr. STEARNS. Mr. Speaker, will the committee. part of this legislation, but Mr. Speak- gentleman yield? Mr. HAYWORTH. Mr. Speaker, I er, it will be a top subcommittee pri- Mr. RODRIGUEZ. I yield to the gen- thank the gentleman, the chairman of ority next year. tleman from Florida. our committee and the dean of our del- Mr. Speaker, H.R. 2116 is the result of Mr. STEARNS. Mr. Speaker, I thank egation from Arizona for yielding time bipartisan hard work, for which I the gentleman for yielding to me. to me. thank the Members on both sides of the Mr. Speaker, I think the gentleman Mr. Speaker, last Thursday, the 11th aisle, and specifically, the members of is talking about the home construction day of the 11th month of the 11th hour, our Subcommittee on Benefits. program. I certainly think the sub- I joined with veterans in Apache Junc- Mr. Speaker, I urge my colleagues to committee would look favorably next tion, Arizona, and then later that day support this millenium bill because it year when we review the budget for the in Payson, Arizona, to commemorate accords veterans opportunities that State home construction program, and their contributions to our national se- they have earned; nothing more and to look for a recommendation for suffi- curity on Veterans Day. nothing less. I thank the chairman of cient funds to meet the needs of States It is in their honor, and indeed, Mr. the full committee for his longstanding like the gentleman’s, Texas, and of Speaker, in honor of all who have worn leadership on behalf of our Nation’s course States like mine, Florida, the

VerDate 29-OCT-99 05:01 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.128 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12055 Sunbelt, where we have these contin- was bathed in an atomic aerosol that Mr. REYES. Mr. Speaker, I thank the ued needs for facilities. more than likely contained plutonium, gentleman from Illinois (Mr. EVANS) We have an influx of veterans, more and then suffered the onset of cancer for yielding me this time. I also want so than other places. For that, homes and a premature death. Bronchiolo al- to thank the gentleman from Arizona for veterans, that whole construction veolar carcinoma, the malady Tom was (Chairman STUMP) and the gentleman project will be looked favorably upon infected with is a nonsmoking disease from Illinois (Mr. EVANS), ranking for more money. I assure the Member that is usually induced by exposure to member, for all the hard work and sup- we will try and take that up in the plutonium. port that they have given our Nation’s spring. Unfortunately, his widow, Joan veterans. Mr. RODRIGUEZ. In this particular McCarthy, was denied year after year I, too, as the gentleman from Texas process, we were ranked at a certain after year when she would put in was concerned, am concerned about the level. It is my understanding that that claims to the VA. That is a profound reprioritization of the veterans’ nurs- ranking will not necessarily change, injustice that my provision sets right. ing homes. I appreciate the hard work but in terms of redefining that ranking This legislation finally, belatedly rec- and the reassurances from the gen- based on need. ognizes that her claim is legitimate, tleman from Florida (Chairman In addition to grandfathering in some authentic, and ought to be paid. It STEARNS) that he will work with us to of the 99 projects, those States that seems to me, this is the very least our make sure that these homes are had additional homes, for example, it action can do. As a matter of fact, we prioritized and we get an opportunity was my understanding that Florida is owe Joan an apology for our collective to provide these kinds of facilities for also very similar to Texas, where the indifference for her loss. our veterans in States like Texas. gentleman has not moved either like Again, I want to thank the chairman, Mr. Speaker, one of the biggest chal- Texas in terms of trying to get those the gentleman from Arizona (Mr. lenges that I see our committee having homes as much as other States have. STUMP) throughout two decades, and to deal with is the challenge of address- If that occurs, then, that means that Mr. Montgomery when he was here was ing the migration of the veterans to or my understanding is that we are always very supportive of this legisla- the Sunbelt States like Florida, Texas, going to prioritize the 99 projects of tion when he was chairman. We have fi- and Arizona. As we work through this some of the old existing homes versus nally succeeded in righting, to some process in the coming year, in the next new existing homes, is that correct? extent, a terrible wrong which will now fiscal year, I hope that all of us are Mr. STEARNS. I think that would be help this widow and other widows who able to provide for all the Nations’ vet- a good approximation of what we will have suffered. erans. be looking at in terms of the gentle- I also want to thank the chairman, Mr. EVANS. Mr. Speaker, I yield 2 man’s State, my State. In fact, I have the gentleman from Arizona (Mr. minutes to the gentleman from Mis- STUMP) and the gentleman from Flor- received letters from other Members sissippi (Mr. SHOWS). from their States, too. So looking at ida (Mr. STEARNS) for their support of Mr. SHOWS. Mr. Speaker, this legis- the balance of all this relatively, I as- the respite care provisions. lation is a step in the right direction. I sure the gentleman we will look at it b 1745 am encouraged to see this legislation, in the spring. Respite care is one of those very the Veteran’s Millennium Health Care Mr. RODRIGUEZ. I thank the gen- often unrecognized needs. The care- Act. I would like to congratulate the tleman very much. givers who spend on average about 101⁄2 gentleman from Florida (Mr. STEARNS) Mr. STUMP. Mr. Speaker, I am hours a day helping disabled loved for bringing forward this comprehen- pleased to yield 3 minutes to the gen- ones, usually their family members. sive and ambitious legislation, as well tleman from New Jersey (Mr. SMITH), And in this case we are talking about as the gentleman from Arizona (Mr. vice-chairman of the Committee on veterans, many of whom are World War STUMP) and the gentleman from Illi- Veterans’ Affairs. II veterans. My legislation, which is nois (Mr. EVANS). Mr. SMITH of New Jersey. Mr. now a provision and tax bill, will pro- Mr. Speaker, I have 46,000 veterans in Speaker, I thank the chairman of the vide contract care, the ability, the au- my district alone. With a growing and full committee, my good friend, the thority for the VA to contract so that older veterans population in the South, gentleman from Arizona (Mr. STUMP), that respite care can be given. Under it is particularly important to address the gentleman from Florida (Mr. current law, in order to receive respite long-term care. The Sonny Mont- STEARNS), the chairman of the sub- care benefits, the caregiver has to put gomery Medical Center is in my dis- committee, the gentleman from Illi- the loved one into a VA or State nurs- trict. This facility serves a veterans nois (Mr. EVANS), and all who have ing home. That is so onerous and un- population of 130,000 veterans in 50 cen- done so much on this important piece workable that in 1998, only 232 cases of tral Mississippi counties and six Lou- of legislation. respite care was provided by the VA; isiana parishes. With an ever-growing Mr. Speaker, this is a great day for and we know that the need exceeds veterans population, legislation and re- our veterans. This legislation is com- that. This new VA authority vests the sources are needed to ensure that long- prehensive. Its name certainly is indic- VA with the ability to contract out for term care, including nursing home ative of what it is, a very forward- respite care. care, assisted living, is required, not thinking bill, the Veterans Millennium Mr. Speaker, I again want to thank just desired. Health Care Act. This legislation posi- all of those who were involved in writ- This legislation will create a 4-year tions us for the challenges ahead. ing this legislation. Our staff has been plan requiring the Veterans Affairs De- I just want to thank the gentleman extraordinarily effective. We had a partment to provide institutional care from Florida (Mr. STEARNS) and the very challenging conference with the to veterans with service-connected dis- gentleman from Arizona (Mr. STUMP) Senate. But, thankfully, there was a abilities of 70 percent or greater. This for including two provisions that I meeting of the minds. Prudent com- is needed legislation. I am proud to be have been working on, one for over 10 promises were agreed to. So I salute able to vote for this ambitious legisla- years. the gentleman from Arizona (Mr. tion. One of the widows of a former serv- STUMP) and the gentleman from Flor- Mr. EVANS. Mr. Speaker, I have no iceman, a Navy officer in my state, for ida (Mr. STEARNS) for their extraor- further requests for time, and I yield years had been denied, denied com- dinary leadership. They are great back the balance of my time. pensation for his very, very untimely friends of the veteran. This is an out- Mr. STUMP. Mr. Speaker, I yield my- death. He suffered from a very rare dis- standing bill. I urge support for it. self such time as I may consume. ease, a lung cancer that usually is the Mr. EVANS. Mr. Speaker, I yield 1 Mr. Speaker, I want to thank the result of plutonium exposure. minute to the gentleman from Texas gentleman from New York (Mr. QUINN) He was one of those who was on the (Mr. REYES). and the gentleman from California (Mr. U.S.S. McKinley during an atomic (Mr. REYES asked and was given per- FILNER), the chairman and ranking test—code named operation wigwam. mission to revise and extend his re- member of the Subcommittee on Bene- The Record shows that Tom McCarthy marks.) fits, for their hard work on this bill. I

VerDate 29-OCT-99 05:14 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.127 pfrm02 PsN: H16PT1 H12056 CONGRESSIONAL RECORD — HOUSE November 16, 1999 would like to express my appreciation Mr. PORTMAN. Mr. Speaker, the con- House suspend the rules and agree to to the gentleman from Florida (Mr. ference report on H.R. 2116, the Veterans Mil- the conference report on the bill, H.R. STEARNS), the chairman of the Sub- lennium Health Care Act of 1999, is important 2116. committee on Health, for introducing legislation designed to lay the ground work for The question was taken; and (two- the health care provisions in the Mil- veterans health care into the next century. thirds having voted in favor thereof) lennium Health Care Act, as well as Overall, I support many of the provisions of the rules were suspended and the con- the gentleman from Illinois (Mr. H.R. 2116 that provide needed modifications ference report was agreed to. GUTIERREZ), the subcommittee’s rank- to the VA health care system, and I will vote A motion to reconsider was laid on ing member. for the bill. However, I do have serious con- the table. Mr. Speaker, as always the gen- cerns about one element of the bill which will f tleman from Illinois (Mr. EVANS) the unfairly delay funding for a proposed nursing ranking member of the full committee, LEIF ERICSON MILLENNIUM home facility that is desperately needed to COMMEMORATIVE COIN ACT has worked in the committee’s tradi- serve veterans in southern Ohio. I say unfairly tional bipartisan fashion on this impor- because under current law, the proposed facil- Mr. LEACH. Mr. Speaker, I move to tant legislation. I thank the gentleman ity in Georgetown, Ohio is well on track to re- suspend the rules and pass the bill for his effort and for his efforts on all ceive final approval by VA for FY 2000 funds (H.R. 3373) to require the Secretary of the legislation that we have had this to pay the federal share of the project. The the Treasury to mint coins in conjunc- year. problem is that all parties involvedÐthe VA, tion with the minting of coins by the The House and Senate VA commit- the State of Ohio, local government officials, Republic of Iceland in commemoration tees came to this agreement over the and concerned veterans groupsÐhave acted of the millennium of the discovery of past week, and I want to express my in good faith and followed the rules under the the New World by Leif Ericson. appreciation to both Senators SPECTER application process. Unfortunately, H.R. 2116 The Clerk read as follows: and ROCKEFELLER, the chairman and changes those rules in the middle of the H.R. 3373 ranking member of the VA committee game, preventing Georgetown from receiving Be it enacted by the Senate and House of on the Senate side, for their coopera- the federal funds in FY 2000 as planned. Representatives of the United States of America tive spirit in which they approach all Ohio has a serious shortfall of more than in Congress assembled, issues considered in conference. 4,000 VA nursing home beds. In fact, the only TITLE I—LEIF ERICSON MILLENNIUM The staff of the House Committee on VA nursing home serving Ohio is in San- COMMEMORATIVE COIN Veterans’ Affairs and the Senate VA duskyÐa 4 or 5 hour drive from southern SEC. 101. SHORT TITLE. committee should be commended for This title may be cited as the ‘‘Leif Eric- OhioÐand 160 veterans are on the waiting their cooperation demonstrated during son Millennium Commemorative Coin Act’’. list. Since only 8 of the home's 650 residents our final legislative deliberations of SEC. 102. COIN SPECIFICATIONS. are from southern Ohio, it is clear why the this year. One particular staff member (a) $1 SILVER COINS.—In conjunction with Georgetown facility is vital to the veterans in needs to be singled out and I would like the simultaneous minting and issuance of our part of the state. commemorative coins by the Republic of Ice- to pay tribute to Jill T. Cochran on the The State of Ohio recognizes the urgency of land in commemoration of the millennium of occasion of her retirement. Jill leaves this situation and has committed $4.5 million the discovery of the New World by Leif Eric- after 25 years of service, and we com- for its share of the construction money in son, the Secretary of the Treasury (hereafter mend her for her service to the House Ohio's FY 2000 budget. The state has also in this title referred to as the ‘‘Secretary’’) on behalf of our Nation’s veterans. We shall mint and issue not more than 500,000 1 committed $500,000 for various administrative wish Jill all the very best. dollar coins, which shall— expenses to see the project to completion for Mr. BLILEY. Mr. Speaker, today I rise in (1) weigh 26.73 grams; a total of $5 million in state funds. I want to support of the Veterans Millennium Health (2) have a diameter of 1.500 inches; and add that Brown County has spent $186,000 of Care Act of 1999 Conference Report. Included (3) contain 90 percent silver and 10 percent in this Conference Report is my bill H.R. 430, its own funds for land acquisition, an environ- copper. mental impact study and for other expenses, (b) LEGAL TENDER.—The coins minted the Combat Veterans Medical Equity Act. Due under this title shall be legal tender, as pro- to the broad base of support, my bill gained so there has been a considerable state and local investment in this project. The VA agrees vided in section 5103 of title 31, United States 177 cosponsors and was endorsed by the Mili- Code. that the Georgetown facility is important to vet- tary Order of the Purple Heart, Catholic War (c) NUMISMATIC ITEMS.—For purposes of Veterans, The Non Commissioned Officers erans in Ohio, and the Secretary has placed section 5136 of title 31, United States Code, Association of the United States of America, the project on the Department's priority one all coins minted under this title shall be con- Veterans of Foreign Wars, Legion of Valor, list to receive the federal share of funding at sidered to be numismatic items. American Veterans Committee and the Jewish $7.8 million. SEC. 103. SOURCES OF BULLION. The Secretary may obtain silver for mint- War Veterans. During consideration of the House-passed version of H.R. 2116 in September, I voiced ing coins under this title from any available Most people are unaware that under current source, including stockpiles established law, combat wounded veterans do not always my concerns that the bill would delay the Georgetown project for several years. Chair- under the Strategic and Critical Materials qualify for medical care at VA facilities. This Stock Piling Act. man STUMP, Chairman STEARNS and ranking bill will change the law to ensure combat SEC. 104. DESIGN OF COINS. VANS UTIERREZ wounded veterans receive automatic access members E and G agree that it (a) DESIGN REQUIREMENTS.— to treatment at VA facilities. is important to move ahead with the project, (1) IN GENERAL.—The design of the coins It sets the enrollment priority for combat in- and they worked with the Senate to include minted under this title shall be emblematic jured veterans for medical service at level language that will have the effect of placing of the millennium of the discovery of the threeÐthe same level as former Prisoner of the Georgetown facility first on the list for fed- New World by Leif Ericson. Wars and veterans with service connected dis- eral funding in FY 2001. While I would prefer (2) DESIGNATION AND INSCRIPTIONS.—On each coin minted under this title there shall abilities rated between 10 and 20 percent. that the project be funded in FY 2000, I do want to thank the Chairmen, the ranking mem- be— We as a nation owe a debt of gratitude to (A) a designation of the value of the coin; all our veterans who have been awarded the bers and the Senate for listening to the con- (B) an inscription of the year ‘‘2000’’; and Purple Heart for injuries suffered in service to cerns of the veterans in Ohio and seeing that (C) inscriptions of the words ‘‘Liberty’’, our country. I would like to thank Chairman this project remains a priority. I will continue to ‘‘In God We Trust’’, ‘‘United States of Amer- STUMP and Chairman SPECTER for including work with them, Secretary West as well as ica’’, and ‘‘E Pluribus Unum’’. my legislation, the Combat Veterans Medical state and local officials in Ohio to ensure that (b) SELECTION.—The design for the coins Equity Act, in this important legislation. I would the Georgetown facility becomes a reality with- minted under this title shall be— also like to congratulate the Military Order of out any further delay, (1) selected by the Secretary after con- STUMP. Mr. Speaker, I have no fur- sultation with the Leifur Eirı´ksson Founda- the Purple Heart for their hard work and advo- tion and the Commission of Fine Arts; and cacy on behalf of our nations combat wound- ther requests for time, and I yield back (2) reviewed by the Citizens Commemora- ed veterans. the balance of my time. tive Coin Advisory Committee. The Veterans Millennium Health Care Act of The SPEAKER pro tempore (Mr. SEC. 105. ISSUANCE OF COINS. 1999 is long overdue. I am proud to support BARR of Georgia). The question is on (a) QUALITY OF COINS.—Coins minted under this bill for our nation's veterans and I urge a the motion offered by the gentleman this title shall be issued in uncirculated and yes vote. from Arizona (Mr. STUMP) that the proof qualities.

VerDate 29-OCT-99 05:14 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.131 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12057

(b) MINT FACILITY.—Only one facility of (1) BIMETALLIC COINS.—Not more than coins minted under this title, enter into a the United States Mint may be used to 200,000 $10 bimetallic coins of gold and plat- contract with the Commission or an entity strike any particular quality of the coins inum, in accordance with such specifications referred to in paragraph (1) to carry out the minted under this title. as the Secretary determines to be appro- role established under paragraph (1). (c) COMMENCEMENT OF ISSUANCE.—The Sec- priate. SEC. 207. SALE OF COINS. retary may issue coins minted under this (2) $1 SILVER COINS.—Not more than 500,000 (a) SALE PRICE.—The coins minted under title beginning January 1, 2000. $1 coins, which shall— this title shall be sold by the Secretary at a (d) TERMINATION OF MINTING AUTHORITY.— (A) weigh 26.73 grams; price equal to the sum of— No coins may be minted under this title (B) have a diameter of 1.500 inches; and (1) the face value of the coins; after December 31, 2000. (C) contain 90 percent silver and 10 percent (2) the surcharge provided in subsection (d) SEC. 106. SURCHARGES. copper. with respect to such coins; and (a) IN GENERAL.—All sales of coins minted (3) HALF DOLLAR.—Not more than 750,000 (3) the cost of designing and issuing the under this title shall include a surcharge of half dollar clad coins, each of which— coins (including labor, materials, dies, use of $10 per coin. (A) shall weigh 11.34 grams; machinery, overhead expenses, marketing, (b) DISTRIBUTION.—All surcharges received (B) have a diameter of 1.205 inches; and and shipping). by the Secretary from the sale of coins (C) be minted to the specifications for half (b) BULK SALES.—The Secretary shall issued under this title shall be promptly paid dollar coins contained in section 5112(b) of make bulk sales of the coins issued under by the Secretary to the Leifur Eirı´ksson title 31, United States Code. this title at a reasonable discount. Foundation for the purpose of funding stu- (b) $5 GOLD COINS.—If the Secretary deter- (c) PREPAID ORDERS.— dent exchanges between students of the mines that the minting and issuance of (1) IN GENERAL.—The Secretary shall ac- United States and students of Iceland. bimetallic coins under subsection (a)(1) is cept prepaid orders for the coins minted (c) AUDITS.—The Leifur Eirı´ksson Founda- not feasible, the Secretary may mint and under this title before the issuance of such tion shall be subject to the audit require- issue instead not more than 100,000 $5 coins, coins. ments of section 5134(f)(2) of title 31, United which shall— (2) DISCOUNT.—Sale prices with respect to States Code, with regard to the amounts re- (1) weigh 8.359 grams; prepaid orders under paragraph (1) shall be ceived by the Foundation under subsection (2) have a diameter of 0.850 inches; and at a reasonable discount. (b). (3) contain 90 percent gold and 10 percent (d) SURCHARGES.—All sales under this title alloy. SEC. 107. GENERAL WAIVER OF PROCUREMENT shall include a surcharge established by the (c) LEGAL TENDER.—The coins minted REGULATIONS. Secretary, in an amount equal to not more under this title shall be legal tender, as pro- (a) IN GENERAL.—Except as provided in than— vided in section 5103 of title 31, United States subsection (b), no provision of law governing (1) $50 per coin for the $10 coin or $35 per Code. procurement or public contracts shall be ap- coin for the $5 coin; plicable to the procurement of goods and SEC. 204. SOURCES OF BULLION. (2) $10 per coin for the $1 coin; and (a) PLATINUM AND GOLD.—The Secretary services necessary for carrying out the provi- (3) $3 per coin for the half dollar coin. shall obtain platinum and gold for minting sions of this title. coins under this title from available sources. SEC. 208. DISTRIBUTION OF SURCHARGES. (b) EQUAL EMPLOYMENT OPPORTUNITY.— (b) SILVER.—The Secretary may obtain sil- All surcharges received by the Secretary Subsection (a) shall not relieve any person ver for minting coins under this title from from the sale of coins minted under this title entering into a contract under the authority stockpiles established under the Strategic shall be deposited in the Capitol Preserva- of this title from complying with any law re- and Critical Materials Stock Piling Act, and tion Fund in accordance with section 5134(f) lating to equal employment opportunity. from other available sources. of title 31, United States Code, and shall be TITLE II—CAPITOL VISITOR CENTER SEC. 205. DESIGN OF COINS. made available to the Commission for the COMMEMORATIVE COIN (a) DESIGN REQUIREMENTS.— purpose of aiding in the construction, main- SEC. 201. SHORT TITLE. (1) IN GENERAL.—The design of the coins tenance, and preservation of a Capitol Vis- This title may be cited as the ‘‘United minted under this title shall be emblematic itor Center. States Capitol Visitor Center Commemora- of the first meeting of the United States TITLE III—LEWIS AND CLARK tive Coin Act of 1999’’. Congress in the United States Capitol Build- EXPEDITION COMMEMORATIVE COIN SEC. 202. FINDINGS. ing. SEC. 301. SHORT TITLE. Congress finds that— (2) DESIGNATION AND INSCRIPTIONS.—On This title may be cited as the ‘‘Lewis and (1) Congress moved to Washington, District each coin minted under this title, there shall Clark Expedition Bicentennial Commemora- of Columbia, and first convened in the Cap- be— tive Coin Act’’. itol building in the year 1800; (A) a designation of the value of the coin; (B) an inscription of the year ‘‘2001’’; and SEC. 302. FINDINGS. (2) the Capitol building is now the greatest The Congress finds that— visible symbol of representative democracy (C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We Trust’’, ‘‘United States of Amer- (1) the expedition commanded by in the world; Meriwether Lewis and William Clark, which (3) the Capitol building has approximately ica’’, and ‘‘E Pluribus Unum’’. (b) SELECTION.—The design for the coins came to be called ‘‘The Corps of Discovery’’, 5,000,000 visitors annually and suffers from a minted under this title shall be— was one of the most remarkable and produc- lack of facilities necessary to properly serve (1) selected by the Secretary, after con- tive scientific and military exploring expedi- them; sultation with the United States Capitol tions in all American history; (4) the Capitol building and persons within Preservation Commission (in this title re- (2) President Thomas Jefferson gave Lewis the Capitol have been provided with excel- ferred to as the ‘‘Commission’’) and the Com- and Clark the mission to ‘‘explore the Mis- lent security through the dedication and sac- mission of Fine Arts; and souri River & such principal stream of it, as, rifice of the United States Capitol Police; (2) reviewed by the Citizens Commemora- by its course and communication with the (5) Congress has appropriated $100,000,000, tive Coin Advisory Committee. waters of the Pacific Ocean, whether the Co- to be supplemented with private funds, to lumbia, Oregon, Colorado, or any other river construct a Capitol Visitor Center to provide SEC. 206. ISSUANCE OF COINS. (a) QUALITY OF COINS.—Coins minted under may offer the most direct and practical continued high security for the Capitol and this title shall be issued in uncirculated and water communication across this continent enhance the educational experience of visi- proof qualities. for the purposes of commerce’’; tors to the Capitol; (b) MINT FACILITY.—Only 1 facility of the (3) the Expedition, in response to President (6) Congress would like to offer the oppor- United States Mint may be used to strike Jefferson’s directive, greatly advanced our tunity for all persons to voluntarily partici- any particular combination of denomination geographical knowledge of the continent and pate in raising funds for the Capitol Visitor and quality of the coins minted under this prepared the way for the extension of the Center; and title. American fur trade with American Indian (7) it is appropriate to authorize coins com- (c) FIRST USE OF YEAR 2001 DATE.—The tribes throughout the land; memorating the first convening of the Con- coins minted under this title shall be the (4) President Jefferson directed the explor- gress in the Capitol building with proceeds first commemorative coins of the United ers to take note of and carefully record the from the sale of the coins, less expenses, States to be issued bearing the inscription of natural resources of the newly acquired ter- being deposited for the United States Capitol the year ‘‘2001’’. ritory known as Louisiana, as well as dili- Preservation Commission with the specific (d) PROMOTION CONSULTATION.—The Sec- gently report on the native inhabitants of purpose of aiding in the construction, main- retary shall— the land; tenance, and preservation of a Capitol Vis- (1) consult with the Commission in order (5) the Expedition departed St. Louis, Mis- itor Center. to establish a role for the Commission or an souri on May 14, 1804; SEC. 203. COIN SPECIFICATIONS. entity designated by the Commission in the (6) the Expedition held its first meeting (a) DENOMINATIONS.—The Secretary of the promotion, advertising, and marketing of with American Indians at Council Bluff near Treasury (hereafter in this title referred to the coins minted under this title; and present-day Fort Calhoun, Nebraska, in Au- as the ‘‘Secretary’’) shall mint and issue the (2) if the Secretary determines that such gust 1804, spent its first winter at Fort following coins under this title: action would be beneficial to the sale of Mandan, North Dakota, crossed the Rocky

VerDate 29-OCT-99 05:14 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.102 pfrm02 PsN: H16PT1 H12058 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Mountains by the mouth of the Columbia SEC. 306. ISSUANCE OF COINS. Mr. Speaker, I rise in support of H.R. River in mid-November of that year, and (a) QUALITY OF COINS.—Coins minted under 3373, a bill that will, among other wintered at Fort Clatsop, near the present- this title shall be issued in uncirculated and things, implement a unique program to proof qualities. day city of Astoria, Oregon; issue a millennium commemorative (7) the Expedition returned to St. Louis, (b) MINT FACILITY.—Only one facility of Missouri, on September 23, 1806, after a 28- the United States Mint may be used to dollar coin. month journey covering 8,000 miles during strike any particular quality of the coins The bill would permit the simulta- which it traversed 11 future States: Illinois, minted under this title. neous issuance of a U.S. silver dollar Missouri, Kansas, Nebraska, Iowa, North Da- (c) PERIOD FOR ISSUANCE.—The Secretary and a silver 1000 Kronor Islandic coin, kota, South Dakota, Montana, Idaho, Wash- may issue coins minted under this title only both produced by the United States ington, and Oregon; during the period beginning on January 1, Mint and both celebrating the 1000-year 2004, and ending on December 31, 2004. (8) accounts from the journals of Lewis and anniversary of Leif Ericson’s voyage to SEC. 307. SALE OF COINS. Clark and the detailed maps that were pre- the New World. Both of these coins pared by the Expedition enhance knowledge (a) SALE PRICE.—The coins issued under this title shall be sold by the Secretary at a would be produced in limited mintages. of the western continent and routes for com- This will be a significant numismatic merce; price equal to the sum of— (9) the Expedition significantly enhanced (1) the face value of the coins; event, a 1000-year anniversary, the two amicable relationships between the United (2) the surcharge provided in subsection (d) countries jointly issuing coins com- States and the autonomous American Indian with respect to such coins; and memorating the same event, and a lim- nations, and the friendship and respect fos- (3) the cost of designing and issuing the ited boxed edition of both coins issued tered between American Indian tribes and coins (including labor, materials, dies, use of by the Mint. the Expedition represents the best of diplo- machinery, overhead expenses, marketing, Interestingly, the Icelandic coin will macy and relationships between divergent and shipping). (b) BULK SALES.—The Secretary shall depict Leif Ericson as he appears in a nations and cultures; and make bulk sales of the coins issued under statue that stands today in Reykjavik. (10) the Lewis and Clark Expedition has this title at a reasonable discount. The statue of the great explorer was been called the most perfect expedition of its (c) PREPAID ORDERS.— created by the sculptor Stirling Calder, kind in the history of the world and paved (1) IN GENERAL.—The Secretary shall ac- father of Alexander Calder, and was the way for the United States to become a cept prepaid orders for the coins minted great world power. presented by the United States Con- under this title before the issuance of such gress to the parliament of Iceland, SEC. 303. COIN SPECIFICATIONS. coins. known as the Althing, on its 1000th an- (a) DENOMINATION.—In commemoration of (2) DISCOUNT.—Sale prices with respect to the bicentennial of the Lewis and Clark Ex- prepaid orders under paragraph (1) shall be niversary in 1930. pedition, the Secretary of the Treasury at a reasonable discount. Mr. Speaker, this bill also authorizes (hereafter in this title referred to as the (d) SURCHARGES.—All sales of coins minted the Secretary of the Treasury to create ‘‘Secretary’’) shall mint and issue not more under this title shall include a surcharge of two other coins commemorating sig- than 500,000 $1 coins, each of which shall— $10 per coin. nificant events. One, an initiative of (1) weigh 26.73 grams; SEC. 308. DISTRIBUTION OF SURCHARGES. the bipartisan leadership in both the (2) have a diameter of 1.500 inches; and (a) IN GENERAL.—Subject to section 5134(f) House and the Senate, would be the (3) contain 90 percent silver and 10 percent of title 31, United States Code, the proceeds first commemorative coin dated 2001 from the surcharges received by the Sec- copper. and would mark the 200th anniversary (b) LEGAL TENDER.—The coins minted retary from the sale of coins issued under under this title shall be legal tender, as pro- this title shall be promptly paid by the Sec- of the United States Capitol building in vided in section 5103 of title 31, United States retary as follows: which we now stand. Proceeds would be Code. (1) NATIONAL LEWIS AND CLARK BICENTEN- used to help build a Capitol Visitors (c) NUMISMATIC ITEMS.—For purposes of NIAL COUNCIL.—Two-thirds to the National Center. section 5136 of title 31, United States Code, Lewis and Clark Bicentennial Council, for Also authorized in this bill is a coin all coins minted under this title shall be con- activities associated with commemorating dated 2004 to commemorate the bicen- sidered to be numismatic items. the bicentennial of the Lewis and Clark Ex- tennial of the start of another epic dis- pedition. SEC. 304. SOURCES OF BULLION. covery expedition, this one the 8,000- (2) NATIONAL PARK SERVICE.—One-third to The Secretary may obtain silver for mint- mile trek by Merriwether Lewis and the National Park Service for activities as- ing coins under this title from any available sociated with commemorating the bicenten- William Clark, with the backing of source, including stockpiles established nial of the Lewis and Clark Expedition. President Thomas Jefferson, through under the Strategic and Critical Materials (b) AUDITS.—Each organization that re- land that is now part of the States of Stock Piling Act. ceives any payment from the Secretary Illinois, Missouri, Kansas, Nebraska, SEC. 305. DESIGN OF COINS. under this section shall be subject to the Iowa, North Dakota, South Dakota, (a) DESIGN REQUIREMENTS.— audit requirements of section 5134(f)(2) of Montana, Idaho, Washington, and Or- (1) IN GENERAL.—The design of the coins title 31, United States Code. egon. The gentleman from Nebraska minted under this title shall be emblematic SEC. 309. FINANCIAL ASSURANCES. (Mr. BEREUTER) has been a tireless and of the expedition of Lewis and Clark. (a) NO NET COST TO THE GOVERNMENT.—The persuasive sponsor of this initiative. (2) DESIGNATION AND INSCRIPTIONS.—On Secretary shall take such actions as may be each coin minted under this title there shall necessary to ensure that minting and issuing As my colleagues may recall, similar be— coins under this title will not result in any versions of the Leif Ericson and Lewis (A) a designation of the value of the coin; net cost to the United States Government. and Clark bills passed this chamber (B) an inscription of the year ‘‘2004’’ and (b) PAYMENT FOR COINS.—A coin shall not under suspension in both this and the the years ‘‘1804–1806’’; and be issued under this title unless the Sec- last Congress, and the Congressional (C) inscriptions of the words ‘‘Liberty’’, retary has received— Budget Office has scored all the coins ‘‘In God We Trust’’, ‘‘United States of Amer- (1) full payment for the coin; as budget neutral. ica’’, and ‘‘E Pluribus Unum’’. (2) security satisfactory to the Secretary In conclusion, Mr. Speaker, I would (3) OBVERSE OF COIN.—The obverse of each to indemnify the United States for full pay- coin minted under this title shall bear the ment; or like to express my appreciation for the likeness of Meriwether Lewis and William (3) a guarantee of full payment satisfac- thoughtful judgment and advice of the Clark. tory to the Secretary from a depository in- gentleman from New York (Mr. LA- (4) GENERAL DESIGN.—In designing this stitution whose deposits are insured by the FALCE), my good friend, on this and so coin, the Secretary shall also consider incor- Federal Deposit Insurance Corporation or many other issues before the com- porating appropriate elements from the Jef- the National Credit Union Administration mittee. I urge adoption of this bill. ferson Peace and Friendship Medal which Board. Mr. Speaker, I reserve the balance of Lewis and Clark presented to the Chiefs of The SPEAKER pro tempore. Pursu- my time. the various Indian tribes they encountered ant to the rule, the gentleman from Mr. LAFALCE. Mr. Speaker, I yield and shall consider recognizing Native Amer- Iowa (Mr. LEACH) and the gentleman myself such time as I may consume. ican culture. from New York (Mr. LAFALCE) each (Mr. LAFALCE asked and was given (b) SELECTION.—The design for the coins minted under this title shall be selected by will control 20 minutes. permission to revise and extend his re- the Secretary after consultation with the The Chair recognizes the gentleman marks.) Commission of Fine Arts and shall be re- from Iowa (Mr. LEACH). Mr. LAFALCE. Mr. Speaker, I rise in viewed by the Citizens Commemorative Coin Mr. LEACH. Mr. Speaker, I yield my- support of the bill, H.R. 3373, which au- Advisory Committee. self such time as I may consume. thorizes the minting and issuance of

VerDate 29-OCT-99 05:14 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.102 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12059 three commemorative coins. Earlier in and the so-called ‘‘founding’’ of the The SPEAKER pro tempore. The gen- this session, the House passed under New World. But all of us also know tleman from California (Mr. DREIER) is suspension of the rules both the Lewis that the indigenous residents of this recognized for 1 hour. and Clark commemorative coin to be continent had been here for thousands Mr. DREIER. Mr. Speaker, for the minted in the year 2004 and the Leif Er- of years before, so it is somewhat of an purpose of debate only, I yield the cus- icson commemorative coin to be mint- insult to say that the Europeans ‘‘dis- tomary 30 minutes to the gentleman ed next year, the start of the new mil- covered’’ this continent because it had from South Boston, Massachusetts (Mr. lennium. The latter coin will be minted been discovered for centuries and in- MOAKLEY); pending which I yield my- in conjunction with the Republic of habited. self such time as I may consume. Dur- Iceland, which will simultaneously But, Mr. Speaker, it is interesting to ing consideration of this resolution, all mint and issue a coin to commemorate note that there are these various hardy time yielded is for the purpose of de- the millennium of Leif Ericson’s ar- souls that ventured forth from Europe bate only. rival in the New World, a watershed looking for new land, new territory to (Mr. DREIER asked and was given event in the history of our continent. settle, riches, extending the religious permission to revise and extend his re- The third coin will commemorate the beliefs that they held so dearly. It is marks, and include extraneous mate- Capitol Visitors Center, for which Con- also interesting to note that as we ap- rial.) gress has already appropriated $100 proach the year 2000, it is a thousand Mr. DREIER. Mr. Speaker, House million that will be supplemented by years since Leif Ericson set foot in Resolution 374 provides for consider- private funds. what is now thought to be Newfound- ation of motions to suspend the rules All three coins are supported by the land. at any time up to and including the Commemorative Coin Advisory Com- It is also interesting to note that legislative day of Wednesday, Novem- mittee, the U.S. Mint, and fall within these Scandinavian settlers in the ber 17. It requires the Speaker to con- the parameters of the Commemorative Western Hemisphere actually estab- sult with the minority leader on the Coin Reform Act of 1996, which re- lished farmsteads and it is estimated designation of any matter for consider- stricts the minting of commemorative there were as many as 400 of them in ation under suspension of the rules. Fi- coins to not more than two per cal- Greenland and that these settlements nally, it provides that the subject of endar year. endured for several centuries. In fact, any motion to suspend the rules be an- All coins also pay for themselves and longer than many of the regions of the nounced from the floor at least 1 hour generate proceeds that are devoted to United States have been settled. So, in- prior to its consideration. important activities. For instance, the deed, European peoples were on the Under clause 1 of rule XV of the rules minting and issuance of the Lewis and North American continent and estab- of the House, the Speaker may only en- Clark commemorative coin will be lished settlements for centuries before tertain motions to suspend the rules on done at no cost to the American tax- our beloved Christopher Columbus ac- Mondays, Tuesdays, and the last 6 days payer, and proceeds from its sale will tually set foot here. of a session. Since the House has not accrue to the Lewis and Clark Bicen- Mr. Speaker, I certainly appreciate yet passed an adjournment resolution, tennial Council and the National Park the bill that has been introduced by my the last 6 days of this session, we hope Service. Both of these organizations colleagues and the recognition of Leif we are in the midst of them, it has not are currently preparing for the bicen- Ericson’s exploits. yet been determined. Therefore, Mr. tennial celebration of the Lewis and b 1800 Speaker, it is necessary for us to pass Clark expedition. this resolution in order to allow the Mr. LEACH. Mr. Speaker, I have no Similarly, proceeds from the sale of House to consider suspensions tomor- speakers, and I yield back the balance the Leif Ericson coin will go to the row. of my time. Leifur Eiriksson Foundation for the Mr. Speaker, we have nearly com- The SPEAKER pro tempore (Mr. purpose of funding student exchanges pleted our business for the first session BARR of Georgia). The question is on between the United States and Iceland. of the 106th Congress. To tie up the re- the motion offered by the gentleman And, lastly, proceeds from the Capitol maining loose ends and prepare to re- from Iowa (Mr. LEACH) that the House Visitors Center coin will accrue to the turn to our districts, it is imperative suspend the rules and pass the bill, Capitol Preservation Commission for to allow ourselves the utmost flexi- H.R. 3373. bility in scheduling and considering the purpose of aiding the construction, The question was taken; and (two- the few noncontroversial, yet very im- maintenance, and preservation of a thirds having voted in favor thereof) portant, items of business that remain Capitol Visitors Center. the rules were suspended and the bill before us. Mr. Speaker, I urge adoption of this was passed. bill. A motion to reconsider was laid on The resolution is just an extension of Mr. Speaker, I reserve the balance of the table. the resolution that we passed here in my time. the House on November 3. It is simple, f Mr. LEACH. Mr. Speaker, I have no straightforward, and I urge its adop- further requests for time, and I yield PROVIDING FOR CONSIDERATION tion. back the balance of my time. OF MOTIONS TO SUSPEND THE Mr. Speaker, I reserve the balance of Mr. LAFALCE. Mr. Speaker, I yield RULES my time. such time as he may consume to the Mr. DREIER. Mr. Speaker, by direc- Mr. MOAKLEY. Mr. Speaker, I yield gentleman from Minnesota (Mr. tion of the Committee on Rules, I call myself such time as I may consume, MINGE). up House Resolution 374 and ask for its and I thank the gentleman from Cali- Mr. MINGE. Mr. Speaker, I would immediate consideration. fornia (Mr. DREIER), my dear friend, for like to thank the gentleman from New The Clerk read the resolution, as fol- yielding me the customary half hour. York (Mr. LAFALCE) for yielding me lows: Mr. Speaker, here we are again con- this time. H. RES. 374 sidering a rule making every day a sus- Mr. Speaker, I rise as a co-chair of Resolved, That it shall be in order at any pension day. Under this rule, the Re- the Friends of Norway Caucus and time on or before the legislative day of publican leadership can bypass all the would like to recognize the contribu- Wednesday, November 17, 1999, for the Speak- House rules and schedule bills at last tions of Leif Ericson as the original er to entertain motions to suspend the rules, minute with only 1 hour’s notice. European to set foot in the North provided that the object of any such motion Two weeks ago when we did the iden- American continent and the establish- is announced from the floor at least one hour tical rule, I asked my Republican col- ment of permanent settlements by before the motion is offered. In scheduling leagues on the Committee on Rules to Scandinavian or Icelandic explorers a the consideration of legislation under this give us a 2-hour notice, and they so authority, the Speaker or his designee shall thousand years ago. consult with the Minority Leader or his des- graciously agreed. Last week, some- I know that all of us have grown up ignee. thing changed. learning about Christopher Columbus SEC. 2. Provides that House Resolution 342 Last week, I asked my Republican and what he did with his explorations is laid on the table. colleagues for 2 hours’ notice; instead,

VerDate 29-OCT-99 04:22 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.134 pfrm02 PsN: H16PT1 H12060 CONGRESSIONAL RECORD — HOUSE November 16, 1999 they gave me 1 hour’s notice. I thought [Roll No. 590] Gonzalez Luther Rodriguez Goode Maloney (CT) Roemer I was going to get that same gracious YEAS—214 Gordon Maloney (NY) Rothman accommodation that I got last week, Aderholt Goodlatte Pickering Green (TX) Markey Roybal-Allard but something changed. This week, we Archer Goodling Pitts Gutierrez Martinez Rush get nothing. Armey Goss Pombo Hall (OH) Mascara Sabo Hall (TX) Matsui Sanchez The problems with the bills coming Bachus Graham Porter Baker Granger Portman Hastings (FL) McCarthy (MO) Sanders up too quickly are really not only lim- Ballenger Green (WI) Pryce (OH) Hill (IN) McCarthy (NY) Sandlin ited to the minority. Even the major- Barr Greenwood Radanovich Hilliard McDermott Sawyer ity Members get only 1 hour’s notice Barrett (NE) Gutknecht Ramstad Hinchey McGovern Schakowsky Bartlett Hansen Regula Hinojosa McKinney Scott on bills that they are presumed to sup- Barton Hastings (WA) Reynolds Hoeffel McNulty Serrano port. Some people actually want to Bass Hayes Riley Holden Meek (FL) Shows read the bills before they vote on them. Bateman Hayworth Rogan Holt Meeks (NY) Sisisky Hooley Menendez Skelton These suspension rules are part of a Bereuter Hefley Rogers Biggert Herger Rohrabacher Hoyer Millender- Slaughter pattern of bypassing the committee Bilbray Hilleary Ros-Lehtinen Inslee McDonald Smith (WA) process that my Republican colleagues Bilirakis Hobson Roukema Jackson (IL) Miller, George Snyder have turned into a state-of-art form. I Bliley Hoekstra Royce Jackson-Lee Minge Spratt Blunt Horn Ryan (WI) (TX) Mink Stabenow just cannot support this rule that will Boehlert Hostettler Ryun (KS) Jefferson Moakley Stark make it even easier for my colleagues Boehner Houghton Salmon John Mollohan Stenholm on the Republican side to bypass com- Bonilla Hulshof Sanford Johnson, E. B. Moore Strickland Johnson, Sam Moran (VA) Stupak mittees and rush bills to the floor with Bono Hunter Saxton Brady (TX) Hutchinson Scarborough Jones (OH) Murtha Tanner only 1 hour’s notice. Bryant Hyde Schaffer Kanjorski Nadler Tauscher So I urge my colleagues to oppose Burr Isakson Sensenbrenner Kaptur Napolitano Taylor (MS) Kennedy Neal Thompson (CA) this rule. Burton Jenkins Sessions Buyer Johnson (CT) Shadegg Kildee Oberstar Thompson (MS) Mr. Speaker, I yield back the balance Callahan Jones (NC) Shaw Kilpatrick Obey Thurman of my time. Calvert Kasich Shays Kind (WI) Olver Tierney Mr. DREIER. Mr. Speaker, I yield Camp Kelly Sherman Kleczka Owens Towns Campbell King (NY) Sherwood Klink Pallone Turner myself such time as I may consume to Canady Kingston Shimkus Kucinich Pascrell Udall (CO) say that I suspect that the gentleman’s Cannon Knollenberg Shuster LaFalce Pastor Udall (NM) statement was written last week when Castle Kolbe Simpson Lampson Pelosi Velazquez Lantos Peterson (MN) Vento we thought we might be considering Chabot Kuykendall Skeen Chambliss LaHood Smith (NJ) Larson Phelps Visclosky this. We are not asking for every day Chenoweth-Hage Largent Smith (TX) Lee Pickett Waters to be a suspension day, only one day, Coble Latham Souder Levin Pomeroy Watt (NC) tomorrow. This expires tomorrow. Collins LaTourette Spence Lewis (GA) Price (NC) Weiner Combest Lazio Stearns Lipinski Rahall Wexler I will say, from having been in con- Cook Leach Stump Lofgren Rangel Weygand tact with the gentleman from Texas Cooksey Lewis (CA) Sununu Lowey Reyes Wu Lucas (KY) Rivers Wynn (Mr. ARMEY), the majority leader, I Cox Lewis (KY) Sweeney Crane Linder Talent NOT VOTING—17 know that they want to contact the Cubin LoBiondo Tancredo Members, as I said, at least an hour be- Cunningham Lucas (OK) Tauzin Ackerman Hill (MT) Quinn fore and maybe even many hours before Davis (VA) Manzullo Taylor (NC) Berman Istook Smith (MI) suspensions come to the floor. Deal McCollum Terry Dunn McIntyre Watkins DeLay McCrery Thomas Ewing Meehan Waxman I guess I should also say that, if we DeMint McHugh Thornberry Fossella Ortiz Wise continue to hear a real complaint Diaz-Balart McInnis Thune Gephardt Payne Dickey McIntosh Tiahrt about this, maybe we will not ever be b 1829 able to make those kinds of modifica- Doolittle McKeon Toomey Dreier Metcalf Traficant Messrs. BERRY, ENGEL, tions to the rules in the future. But we Duncan Mica Upton will always take into consideration the Ehlers Miller (FL) Vitter RODRIGUEZ and LEVIN changed their very thoughtful arguments that are Ehrlich Miller, Gary Walden vote from ‘‘yea’’ to ‘‘nay.’’ Emerson Moran (KS) Walsh Messrs. BUYER, NUSSLE and propounded by the gentleman from English Morella Wamp South Boston, Massachusetts (Mr. Everett Myrick Watts (OK) GRAHAM changed their vote from MOAKLEY). Fletcher Nethercutt Weldon (FL) ‘‘nay’’ to ‘‘yea.’’ So I urge my colleagues to support Foley Ney Weldon (PA) So the resolution was agreed to. Fowler Northup Weller The result of the vote was announced this rule. Franks (NJ) Norwood Whitfield Mr. Speaker, I yield back the balance Frelinghuysen Nussle Wicker as above recorded. of my time, and I move the previous Gallegly Ose Wilson A motion to reconsider was laid on Ganske Oxley Wolf the table. question on the resolution. Gekas Packard Woolsey The previous question was ordered. Gibbons Paul Young (AK) f The SPEAKER pro tempore. The Gilchrest Pease Young (FL) Gillmor Peterson (PA) b 1830 question is on the resolution. Gilman Petri The question was taken; and the ANNOUNCEMENT BY THE SPEAKER Speaker pro tempore announced that NAYS—202 PRO TEMPORE the ayes appeared to have it. Abercrombie Brown (OH) Delahunt The SPEAKER pro tempore (Mr. Allen Capps DeLauro Mr. MOAKLEY. Mr. Speaker, I object Andrews Capuano Deutsch BARR of Georgia). Pursuant to clause 8 to the vote on the ground that a Baird Cardin Dicks of rule XX, the Chair will now put the quorum is not present and make the Baldacci Carson Dingell question on each motion to suspend the point of order that a quorum is not Baldwin Clay Dixon Barcia Clayton Doggett rules on which further proceedings present. Barrett (WI) Clement Dooley were postponed earlier today in the The SPEAKER pro tempore. Evi- Becerra Clyburn Doyle order in which that motion was enter- dently a quorum is not present. Bentsen Coburn Edwards tained, followed by the motion post- Berkley Condit Engel The Sergeant at Arms will notify ab- Berry Conyers Eshoo poned from last Wednesday and ap- sent Members. Bishop Costello Etheridge proval of the Journal. The Chair also announces that there Blagojevich Coyne Evans Votes will be taken in the following Blumenauer Cramer Farr will be a series of 5-minute votes im- Bonior Crowley Fattah order: House Resolution 169, by the mediately following this vote on H. Borski Cummings Filner yeas and nays; Res. 374. Boswell Danner Forbes House Concurrent Resolution 165, by The vote was taken by electronic de- Boucher Davis (FL) Ford the yeas and nays; Boyd Davis (IL) Frank (MA) vice, and there were—yeas 214, nays Brady (PA) DeFazio Frost House Concurrent Resolution 206, by 202, not voting 17, as follows: Brown (FL) DeGette Gejdenson the yeas and nays;

VerDate 29-OCT-99 05:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.139 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12061 House Resolution 325, by the yeas and Hoeffel McNulty Scarborough So (two-thirds having voted in favor Hoekstra Meek (FL) Schaffer nays; Holden Meeks (NY) Schakowsky thereof) the rules were suspended and H.R. 2336, de novo; and Holt Menendez Scott the resolution, as amended, was agreed Approval of the Journal, de novo. Hooley Mica Sensenbrenner to. The Chair will reduce to 5 minutes Horn Millender- Serrano The result of the vote was announced Hostettler McDonald Sessions the time for any electronic vote in this Houghton Miller (FL) Shadegg as above recorded. series. Hoyer Miller, Gary Shaw The title of the resolution was Hulshof Miller, George Shays amended so as to read: ‘‘A resolution f Hunter Minge Sherman Hutchinson Mink Sherwood condemning the Communist regime in EXPRESSING THE SENSE OF CON- Hyde Moakley Shimkus Laos for its many human rights GRESS WITH RESPECT TO DE- Inslee Mollohan Shows abuses.’’. MOCRACY, FREE ELECTIONS, Isakson Moore Shuster A motion to reconsider was laid on Istook Moran (KS) Simpson AND HUMAN RIGHTS IN THE LAO Jackson (IL) Moran (VA) Sisisky the table. PEOPLE’S DEMOCRATIC REPUB- Jackson-Lee Morella Skeen f LIC (TX) Murtha Skelton Jefferson Myrick Slaughter EXPRESSING UNITED STATES POL- The SPEAKER pro tempore. The Jenkins Nadler Smith (NJ) pending business is the question of sus- John Napolitano Smith (TX) ICY TOWARD THE SLOVAK RE- pending the rules and agreeing to the Johnson (CT) Neal Smith (WA) PUBLIC Johnson, E. B. Nethercutt Snyder resolution, House Resolution 169, as Johnson, Sam Ney Souder The SPEAKER pro tempore. The amended. Jones (NC) Northup Spence pending business is the question of sus- The Clerk read the title of the resolu- Jones (OH) Norwood Spratt pending the rules and agreeing to the Kanjorski Nussle Stabenow tion. Kaptur Oberstar Stark concurrent resolution, H. Con. Res. 165. The SPEAKER pro tempore. The Kasich Obey Stearns The Clerk read the title of the con- question is on the motion offered by Kelly Olver Stenholm current resolution. the gentleman from New York (Mr. Kennedy Ose Strickland The SPEAKER pro tempore. The Kildee Owens Stump GILMAN) that the House suspend the Kilpatrick Oxley Stupak question is on the motion offered by rules and agree to the resolution, Kind (WI) Packard Sununu the gentleman from New York (Mr. House Resolution 169, as amended, on King (NY) Pallone Sweeney GILMAN) that the House suspend the Kingston Pascrell Talent which the yeas and nays are ordered. Kleczka Pastor Tancredo rules and agree to the concurrent reso- The vote was taken by electronic de- Klink Pease Tanner lution, H. Con. Res. 165, on which the vice, and there were—yeas 412, nays 1, Knollenberg Pelosi Tauscher yeas and nays are ordered. not voting 20, as follows: Kolbe Peterson (MN) Tauzin This will be a 5-minute vote. Kucinich Peterson (PA) Taylor (MS) [Roll No. 591] Kuykendall Petri Taylor (NC) The vote was taken by electronic de- YEAS—412 LaFalce Phelps Terry vice, and there were—yeas 404, nays 12, LaHood Pickering Thompson (CA) not voting 17, as follows: Abercrombie Capps Emerson Lampson Pickett Thompson (MS) Aderholt Capuano Engel Lantos Pitts Thornberry [Roll No. 592] Allen Cardin English Largent Pombo Thune YEAS—404 Andrews Carson Eshoo Larson Pomeroy Thurman Abercrombie Camp Duncan Armey Castle Etheridge Latham Porter Tiahrt Aderholt Campbell Edwards Bachus Chabot Evans LaTourette Portman Tierney Allen Canady Ehlers Baird Chambliss Everett Lazio Price (NC) Toomey Andrews Cannon Ehrlich Baker Chenoweth-Hage Farr Leach Pryce (OH) Towns Archer Capps Emerson Baldacci Clay Fattah Lee Radanovich Traficant Armey Capuano Engel Baldwin Clayton Filner Levin Rahall Turner Bachus Cardin English Ballenger Clement Fletcher Lewis (CA) Ramstad Udall (CO) Baird Carson Eshoo Barcia Clyburn Foley Lewis (GA) Rangel Udall (NM) Baker Castle Etheridge Barr Coble Forbes Lewis (KY) Regula Upton Baldacci Chabot Evans Barrett (NE) Coburn Ford Linder Reyes Velazquez Baldwin Chambliss Everett Barrett (WI) Collins Fowler Lipinski Reynolds Vento Ballenger Clay Farr Bartlett Combest Frank (MA) LoBiondo Riley Visclosky Barcia Clayton Fattah Barton Condit Franks (NJ) Lofgren Rivers Vitter Barrett (NE) Clement Filner Bass Conyers Frelinghuysen Lowey Rodriguez Walden Barrett (WI) Clyburn Fletcher Bateman Cook Frost Lucas (KY) Roemer Walsh Bartlett Coburn Foley Becerra Cooksey Gallegly Lucas (OK) Rogan Wamp Barton Combest Forbes Bentsen Costello Ganske Luther Rogers Waters Bass Condit Ford Bereuter Cox Gejdenson Maloney (CT) Rohrabacher Watt (NC) Bateman Conyers Fowler Berkley Coyne Gekas Maloney (NY) Ros-Lehtinen Watts (OK) Becerra Cooksey Frank (MA) Berry Cramer Gibbons Manzullo Rothman Weiner Bentsen Costello Franks (NJ) Biggert Crane Gilchrest Markey Roukema Weldon (FL) Bereuter Cox Frelinghuysen Bilbray Crowley Gillmor Martinez Roybal-Allard Weldon (PA) Berkley Coyne Frost Bilirakis Cubin Gilman Mascara Royce Weller Berry Cramer Gallegly Bishop Cummings Gonzalez Matsui Rush Wexler Biggert Crane Ganske Blagojevich Cunningham Goode McCarthy (MO) Ryan (WI) Weygand Bilbray Crowley Gejdenson Bliley Danner Goodlatte McCarthy (NY) Ryun (KS) Whitfield Bilirakis Cubin Gekas Blumenauer Davis (FL) Goodling McCrery Sabo Wicker Bishop Cummings Gibbons Blunt Davis (IL) Gordon McDermott Salmon Wilson Blagojevich Cunningham Gilchrest Boehlert Davis (VA) Goss McGovern Sanchez Wolf Bliley Danner Gillmor Boehner Deal Graham McHugh Sanders Woolsey Blumenauer Davis (FL) Gilman Bonilla DeFazio Granger McInnis Sandlin Wu Blunt Davis (IL) Gonzalez Bonior DeGette Green (TX) McIntosh Sanford Wynn Boehlert Davis (VA) Goode Bono Delahunt Green (WI) McKeon Sawyer Young (AK) Boehner Deal Goodling Borski DeLauro Greenwood McKinney Saxton Young (FL) Boswell DeLay Gutierrez Bonilla DeFazio Gordon Boucher DeMint Gutknecht NAYS—1 Bonior DeGette Goss Bono Delahunt Graham Boyd Deutsch Hall (OH) Paul Brady (PA) Diaz-Balart Hall (TX) Borski DeLauro Granger Brady (TX) Dickey Hansen NOT VOTING—20 Boswell DeLay Green (TX) Boucher DeMint Green (WI) Brown (FL) Dicks Hastings (FL) Ackerman Hill (MT) Quinn Boyd Deutsch Greenwood Brown (OH) Dingell Hastings (WA) Archer McCollum Smith (MI) Brady (PA) Diaz-Balart Gutierrez Bryant Dixon Hayes Berman McIntyre Thomas Brady (TX) Dickey Gutknecht Burr Doggett Hayworth Dunn Meehan Watkins Brown (FL) Dicks Hall (OH) Burton Dooley Hefley Ewing Metcalf Waxman Brown (OH) Dingell Hall (TX) Buyer Doolittle Herger Fossella Ortiz Wise Bryant Dixon Hansen Callahan Doyle Hill (IN) Gephardt Payne Calvert Dreier Hilleary Burr Doggett Hastings (FL) Camp Duncan Hilliard b 1840 Burton Dooley Hastings (WA) Campbell Edwards Hinchey Buyer Doolittle Hayes Canady Ehlers Hinojosa Mr. MALONEY of Connecticut Callahan Doyle Hefley Cannon Ehrlich Hobson changed his vote from ‘‘nay’’ to ‘‘yea.’’ Calvert Dreier Herger

VerDate 29-OCT-99 06:04 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.142 pfrm02 PsN: H16PT1 H12062 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Hill (IN) McInnis Saxton b 1848 Gordon Martinez Sanchez Hilleary McIntosh Schaffer Goss Mascara Sanders Hilliard McKeon Schakowsky So (two-thirds having voted in favor Graham Matsui Sandlin Hinchey McNulty Scott thereof) the rules were suspended and Granger McCarthy (MO) Sanford Hinojosa Meek (FL) Sensenbrenner Green (TX) McCarthy (NY) Sawyer Hobson Meeks (NY) Serrano the concurrent resolution was agreed Saxton to. Green (WI) McCollum Hoeffel Menendez Sessions Greenwood McCrery Scarborough Hoekstra Metcalf Shadegg The result of the vote was announced Gutierrez McDermott Schaffer Holden Mica Shaw Schakowsky as above recorded. Gutknecht McGovern Holt Millender- Shays Scott Hall (OH) McHugh Hooley McDonald Sherman A motion to reconsider was laid on Sensenbrenner Hall (TX) McInnis Horn Miller (FL) Sherwood the table. Serrano Hansen McIntosh Hostettler Miller, Gary Shimkus Mr. GOODLATTE. Mr. Speaker, on rollcall Sessions Houghton Miller, George Shows Hastings (FL) McKeon Shadegg Hoyer Minge Shuster No. 592, I was unavoidably detained. Had I Hastings (WA) McKinney Shaw Hulshof Mink Simpson been present, I would have voted ``yes.'' Hayes McNulty Shays Hunter Moakley Sisisky Hayworth Meek (FL) Sherwood Hutchinson Mollohan Skeen f Hefley Meeks (NY) Shimkus Hyde Moore Skelton Hill (IN) Menendez Shows Inslee Moran (KS) Slaughter EXPRESSING GRAVE CONCERN RE- Hilleary Metcalf Shuster Isakson Moran (VA) Smith (NJ) Hilliard Mica Simpson Istook Morella Smith (TX) GARDING ARMED CONFLICT IN Hinchey Millender- Sisisky Jackson (IL) Murtha Smith (WA) NORTH CAUCASUS REGION OF Hinojosa McDonald Skeen Jackson-Lee Myrick Snyder RUSSIAN FEDERATION Hobson Miller (FL) Skelton (TX) Nadler Spence Hoeffel Miller, Gary Slaughter Jefferson Napolitano Spratt The SPEAKER pro tempore (Mr. Hoekstra Miller, George Smith (NJ) Jenkins Neal Stabenow BARR of Georgia). The pending business Holden Minge Smith (TX) John Nethercutt Stark is the question of suspending the rules Holt Mink Smith (WA) Johnson (CT) Ney Stearns Hooley Moakley Snyder Johnson, E. B. Northup Stenholm and agreeing to the concurrent resolu- Souder Horn Mollohan Johnson, Sam Norwood Strickland Spence tion, House Concurrent Resolution 206, Houghton Moore Jones (NC) Nussle Stump Spratt as amended. Hoyer Moran (KS) Jones (OH) Oberstar Stupak Stabenow Hulshof Moran (VA) Kanjorski Obey Sununu The Clerk read the title of the con- Stark Morella Kaptur Olver Sweeney current resolution. Hunter Stearns Kasich Ose Talent The SPEAKER pro tempore. The Hutchinson Murtha Stenholm Kelly Owens Tancredo Hyde Myrick Strickland Kennedy Oxley Tanner question is on the motion offered by Inslee Nadler Stump Kildee Packard Tauscher the gentleman from New York (Mr. Isakson Napolitano Stupak Kilpatrick Pallone Tauzin GILMAN) that the House suspend the Istook Neal Sununu Kind (WI) Pascrell Taylor (MS) rules and agree to the concurrent reso- Jackson (IL) Nethercutt Sweeney King (NY) Pastor Taylor (NC) Jackson-Lee Ney Talent Kingston Pease Terry lution, House Concurrent Resolution (TX) Northup Tancredo Kleczka Pelosi Thomas 206, as amended, on which the yeas and Jefferson Norwood Tanner Klink Peterson (MN) Thompson (CA) nays are ordered. Jenkins Nussle Tauscher Knollenberg Peterson (PA) Thompson (MS) This will be a 5-minute vote. John Oberstar Tauzin Kolbe Petri Thornberry Johnson (CT) Obey Taylor (MS) Kucinich Phelps Thune The vote was taken by electronic de- Johnson, E. B. Olver Taylor (NC) Kuykendall Pickering Thurman vice, and there were—yeas 407, nays 4, Johnson, Sam Ose Terry LaFalce Pickett Tiahrt not voting 22, as follows: Jones (NC) Owens Thomas LaHood Pitts Tierney Jones (OH) Oxley Thompson (CA) Lampson Pombo Toomey [Roll No. 593] Kanjorski Packard Thompson (MS) Lantos Pomeroy Towns YEAS—407 Kaptur Pallone Thornberry Largent Porter Traficant Kasich Pascrell Thune Larson Portman Abercrombie Bryant DeLay Turner Kelly Pastor Thurman Latham Price (NC) Udall (CO) Aderholt Burr DeMint Tiahrt Kennedy Pease LaTourette Pryce (OH) Udall (NM) Allen Buyer Deutsch Tierney Kildee Pelosi Lazio Radanovich Upton Andrews Callahan Diaz-Balart Toomey Kilpatrick Peterson (MN) Leach Rahall Velazquez Archer Calvert Dicks Towns Lee Ramstad Vento Armey Camp Dingell Kind (WI) Peterson (PA) Traficant Levin Rangel Visclosky Bachus Campbell Dixon King (NY) Petri Turner Lewis (CA) Regula Vitter Baird Canady Doggett Kingston Phelps Udall (CO) Lewis (GA) Reyes Walden Baker Cannon Dooley Kleczka Pickering Udall (NM) Lewis (KY) Reynolds Walsh Baldacci Capps Doyle Klink Pickett Upton Linder Riley Wamp Baldwin Capuano Dreier Knollenberg Pitts Velazquez Lipinski Rivers Waters Ballenger Cardin Duncan Kolbe Pomeroy Vento LoBiondo Rodriguez Watt (NC) Barcia Carson Edwards Kucinich Porter Visclosky Lofgren Roemer Watts (OK) Barr Castle Ehlers Kuykendall Portman Vitter Lowey Rogan Weiner Barrett (NE) Chabot Ehrlich LaFalce Price (NC) Walden Lucas (KY) Rogers Weldon (FL) Barrett (WI) Chambliss Emerson LaHood Pryce (OH) Walsh Lucas (OK) Rohrabacher Weldon (PA) Bartlett Clay Engel Lampson Radanovich Wamp Luther Ros-Lehtinen Weller Barton Clayton English Lantos Rahall Waters Bass Clement Eshoo Maloney (CT) Rothman Wexler Largent Ramstad Watt (NC) Bateman Clyburn Etheridge Maloney (NY) Roukema Weygand Larson Rangel Watts (OK) Becerra Coble Evans Markey Roybal-Allard Whitfield Latham Regula Weiner Martinez Royce Wicker Bentsen Coburn Everett Weldon (FL) Bereuter Collins Farr LaTourette Reyes Mascara Rush Wilson Lazio Reynolds Weldon (PA) Matsui Ryan (WI) Wolf Berkley Combest Fattah Weller Berry Condit Filner Leach Riley McCarthy (MO) Ryun (KS) Woolsey Lee Rivers Wexler McCarthy (NY) Sabo Wu Biggert Conyers Fletcher Weygand Levin Rodriguez McCollum Salmon Wynn Bilbray Cook Foley Whitfield Lewis (CA) Roemer McCrery Sanchez Young (AK) Bilirakis Cooksey Forbes Wicker Lewis (GA) Rogan McDermott Sanders Young (FL) Bishop Costello Ford Wilson McGovern Sandlin Blagojevich Cox Fowler Lewis (KY) Rogers Wolf McHugh Sawyer Bliley Coyne Frank (MA) Linder Rohrabacher Woolsey Blumenauer Cramer Franks (NJ) Lipinski Ros-Lehtinen Wu NAYS—12 Blunt Crane Frelinghuysen LoBiondo Rothman Wynn Boehlert Crowley Frost Lofgren Roukema Barr Cook Paul Young (AK) Boehner Cubin Gallegly Lowey Roybal-Allard Chenoweth-Hage Hayworth Sanford Young (FL) Bonilla Cummings Ganske Lucas (KY) Royce Coble Manzullo Scarborough Bonior Cunningham Gejdenson Luther Rush Collins McKinney Souder Bono Danner Gekas Maloney (CT) Ryan (WI) Borski Davis (FL) Gibbons NOT VOTING—17 Maloney (NY) Ryun (KS) Boswell Davis (IL) Gilchrest Manzullo Sabo Ackerman Goodlatte Quinn Boucher Davis (VA) Gillmor Markey Salmon Berman Hill (MT) Smith (MI) Boyd Deal Gilman Dunn McIntyre Watkins Brady (PA) DeFazio Gonzalez NAYS—4 Ewing Meehan Waxman Brady (TX) DeGette Goode Fossella Ortiz Wise Brown (FL) Delahunt Goodlatte Burton Paul Gephardt Payne Brown (OH) DeLauro Goodling Chenoweth-Hage Sherman

VerDate 29-OCT-99 06:04 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.119 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12063 NOT VOTING—22 Greenwood McCarthy (MO) Sanders b 1905 Gutierrez McCarthy (NY) Sandlin Ackerman Herger Pombo Gutknecht McCollum Sanford So (two-thirds having voted in favor Berman Hill (MT) Quinn Hall (OH) McCrery Sawyer Dickey Hostettler Smith (MI) thereof) the rules were suspended and Hall (TX) McDermott Saxton Doolittle Lucas (OK) Watkins resolution was agreed to. Hansen McGovern Scarborough Dunn McIntyre Waxman The result of the vote was announced Hastings (FL) McHugh Schaffer Ewing Meehan Wise Hastings (WA) McInnis Schakowsky as above recorded. Fossella Ortiz Hayes McIntosh Scott A motion to reconsider was laid on Gephardt Payne Hayworth McKeon Sensenbrenner the table. b 1857 Hefley McKinney Serrano Herger McNulty Sessions f So (two-thirds having voted in favor Hill (IN) Meek (FL) Shadegg thereof) the rules were suspended and Hilleary Meeks (NY) Shaw the concurrent resolution, as amended, Hilliard Menendez Shays UNITED STATES MARSHALS SERV- Hinchey Metcalf Sherman ICE IMPROVEMENT ACT OF 1999 was agreed to. Hinojosa Mica Sherwood The result of the vote was announced Hobson Millender- Shimkus The SPEAKER pro tempore (Mr. Shows as above recorded. Hoeffel McDonald BARR of Georgia). The pending business Shuster A motion to reconsider was laid on Hoekstra Miller (FL) is the question of suspending the rules the table. Holden Miller, Gary Simpson Holt Miller, George Sisisky and passing the bill, H.R. 2336, as f Hooley Minge Skeen amended. Horn Mink Skelton The Clerk read the title of the bill. SENSE OF HOUSE REGARDING Slaughter Hostettler Moakley The SPEAKER pro tempore. The DIABETES Houghton Mollohan Smith (NJ) Hoyer Moore Smith (TX) question is on the motion offered by The SPEAKER pro tempore. The Hulshof Moran (KS) Smith (WA) the gentleman from Alabama (Mr. pending business is the question of sus- Hunter Moran (VA) Snyder BACHUS) that the House suspend the Souder pending the rules and agreeing to the Hutchinson Morella rules and pass the bill, H.R. 2336, as resolution, House Resolution 325. Hyde Murtha Spence Inslee Myrick Spratt amended. The Clerk read the title of the resolu- Isakson Nadler Stabenow The question was taken. Stark tion. Istook Napolitano RECORDED VOTE Stearns The SPEAKER pro tempore. The Jackson (IL) Neal Mr. COLLINS. Mr. Speaker, I demand question is on the motion offered by Jackson-Lee Nethercutt Stenholm (TX) Ney Strickland a recorded vote. ILI the gentleman from Florida (Mr. B - Jefferson Northup Stump A recorded vote was ordered. RAKIS) that the House suspend the rules Jenkins Norwood Stupak The vote was taken by electronic de- Sununu and agree to the resolution, House Res- John Nussle vice, and there were—ayes 183, noes 231, olution 325, on which the yeas and nays Johnson (CT) Oberstar Sweeney Johnson, E. B. Obey Talent not voting 19, as follows: are ordered. Johnson, Sam Olver Tancredo [Roll No. 595] This will be a 5-minute vote. Tanner Jones (NC) Ose AYES—183 The vote was taken by electronic de- Jones (OH) Owens Tauscher vice, and there were—yeas 414, nays 0, Kanjorski Oxley Tauzin Allen Frank (MA) McCollum not voting 19, as follows: Kaptur Packard Taylor (MS) Bachus Gallegly McHugh Kasich Pallone Taylor (NC) Baldacci Ganske McKeon [Roll No. 594] Kelly Pascrell Terry Barcia Gejdenson Metcalf YEAS—414 Kennedy Pastor Thomas Barrett (NE) Gilchrest Miller (FL) Kildee Pease Thompson (CA) Barrett (WI) Gillmor Miller, Gary Abercrombie Callahan Dicks Kilpatrick Pelosi Thompson (MS) Bartlett Gilman Miller, George Aderholt Calvert Dingell Kind (WI) Peterson (MN) Thornberry Bass Gonzalez Minge Allen Camp Dixon King (NY) Peterson (PA) Thune Bateman Goodling Moakley Andrews Campbell Doggett Kingston Petri Thurman Bereuter Goss Morella Archer Canady Dooley Kleczka Phelps Tiahrt Berkley Granger Nadler Armey Cannon Doolittle Klink Pickering Tierney Biggert Greenwood Nethercutt Baird Capps Doyle Knollenberg Pickett Toomey Bilbray Gutknecht Ney Baker Capuano Dreier Kolbe Pitts Towns Bilirakis Hall (OH) Northup Baldacci Cardin Duncan Kucinich Pombo Traficant Blagojevich Hansen Oberstar Baldwin Carson Edwards Kuykendall Pomeroy Turner Bliley Hastings (WA) Owens Ballenger Castle Ehlers LaFalce Porter Udall (CO) Boehlert Hinchey Oxley Barcia Chabot Ehrlich LaHood Portman Udall (NM) Bonilla Hobson Packard Barr Chambliss Emerson Lampson Price (NC) Upton Bonior Hoeffel Pallone Barrett (NE) Chenoweth-Hage Engel Lantos Pryce (OH) Velazquez Bono Hoekstra Pascrell Barrett (WI) Clay English Largent Radanovich Vento Borski Holt Pelosi Bartlett Clayton Eshoo Larson Rahall Visclosky Brady (PA) Hooley Peterson (MN) Barton Clement Etheridge Latham Ramstad Vitter Bryant Horn Pickett Bass Clyburn Evans LaTourette Rangel Walden Calvert Houghton Pitts Bateman Coble Everett Lazio Regula Walsh Campbell Hoyer Porter Becerra Coburn Farr Leach Reyes Wamp Canady Hunter Pryce (OH) Bentsen Collins Fattah Lee Reynolds Waters Cannon Hutchinson Regula Bereuter Combest Filner Levin Riley Watt (NC) Cardin Hyde Riley Berkley Condit Fletcher Lewis (CA) Rivers Watts (OK) Chabot Jackson (IL) Rivers Berry Conyers Foley Lewis (GA) Rodriguez Weiner Clement Jefferson Rogan Biggert Cook Forbes Lewis (KY) Roemer Weldon (FL) Coburn Jenkins Ros-Lehtinen Bilbray Cooksey Ford Linder Rogan Weldon (PA) Combest Johnson (CT) Rothman Bilirakis Costello Fowler Lipinski Rogers Weller Cooksey Kasich Salmon Bishop Cox Frank (MA) LoBiondo Rohrabacher Wexler Cox Kind (WI) Sanders Blagojevich Coyne Franks (NJ) Lofgren Ros-Lehtinen Weygand Coyne Knollenberg Sanford Bliley Cramer Frelinghuysen Lowey Rothman Whitfield Crane Kolbe Sawyer Blumenauer Crane Frost Lucas (KY) Roukema Wicker Cummings Kuykendall Schakowsky Blunt Crowley Gallegly Lucas (OK) Roybal-Allard Wilson Danner LaFalce Scott Boehlert Cubin Ganske Luther Royce Wolf Davis (VA) Lantos Serrano Boehner Cummings Gejdenson Maloney (CT) Rush Woolsey DeGette Largent Shaw Bonilla Cunningham Gekas Manzullo Ryan (WI) Wu DeLauro Larson Shuster Bonior Danner Gibbons Markey Ryun (KS) Wynn Deutsch Lazio Simpson Bono Davis (FL) Gilchrest Martinez Sabo Young (AK) Diaz-Balart Lewis (CA) Sisisky Borski Davis (IL) Gillmor Mascara Salmon Young (FL) Dicks Linder Skeen Boswell Davis (VA) Gilman Matsui Sanchez Doyle Lipinski Slaughter Boucher Deal Gonzalez Ehlers Lowey Smith (TX) Boyd DeFazio Goode NOT VOTING—19 Engel Luther Smith (WA) Brady (PA) DeGette Goodlatte English Maloney (CT) Snyder Brady (TX) Delahunt Goodling Ackerman Hill (MT) Quinn Eshoo Maloney (NY) Souder Brown (FL) DeLauro Gordon Bachus Maloney (NY) Smith (MI) Evans Markey Spence Brown (OH) DeLay Goss Berman McIntyre Watkins Farr Martinez Stabenow Bryant DeMint Graham Dunn Meehan Waxman Fattah Mascara Stark Burr Deutsch Granger Ewing Ortiz Wise Foley Matsui Strickland Burton Diaz-Balart Green (TX) Fossella Paul Fowler McCarthy (NY) Tanner Buyer Dickey Green (WI) Gephardt Payne

VerDate 29-OCT-99 06:04 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.118 pfrm02 PsN: H16PT1 H12064 CONGRESSIONAL RECORD — HOUSE November 16, 1999 Terry Vitter Wexler b 1915 emergency with respect to Iran that Thomas Walden Weygand was declared in Executive Order 12170 Thornberry Watt (NC) Wicker Ms. JACKSON-LEE of Texas, Mr. Towns Weiner Wilson SAXTON, Mrs. KELLY, and Mr. of November 14, 1979. Traficant Weldon (FL) Wolf WILLIAM J. CLINTON. Young (AK) MENENDEZ changed their vote from Velazquez Weldon (PA) ‘‘aye’’ to ‘‘no.’’ THE WHITE HOUSE, November 16, 1999. Vento Weller Young (FL) Mr. HOBSON and Mr. PALLONE f changed their vote from ‘‘no’’ to ‘‘aye.’’ NOES—231 ANNUAL REPORT OF THE RAIL- So (two-thirds not having voted in Abercrombie Graham Ose ROAD RETIREMENT BOARD FOR Aderholt Green (TX) Pastor favor thereof) the motion was rejected. FISCAL YEAR 1998—MESSAGE Andrews Green (WI) Paul The result of the vote was announced FROM THE PRESIDENT OF THE Archer Gutierrez Pease as above recorded. Armey Hall (TX) Peterson (PA) UNITED STATES Baird Hastings (FL) Petri f Baker Hayes Phelps The SPEAKER pro tempore laid be- Baldwin Hayworth Pickering b 1915 fore the House the following message Ballenger Hefley Pombo from the President of the United Pomeroy Barr Herger THE JOURNAL States; which was read and, together Barton Hill (IN) Portman Becerra Hilleary Price (NC) The SPEAKER pro tempore (Mr. with the accompanying papers, without Bentsen Hilliard Radanovich BARR of Georgia). Pursuant to clause 8 objection, referred to the Committee Berry Hinojosa Rahall Ramstad of rule XX, the pending business is the on Ways and Means and the Committee Bishop Holden question of agreeing to the Speaker’s on Transportation and Infrastructure Blumenauer Hostettler Rangel Reyes Blunt Hulshof approval of the Journal of the last and ordered to be printed: Reynolds Boehner Inslee day’s proceedings. To the Congress of the United States: Rodriguez Boswell Isakson Roemer Pursuant to clause 1, rule I, the Jour- I transmit herewith the Annual Re- Boucher Istook Rogers nal stands approved. port of the Railroad Retirement Board Boyd Jackson-Lee Rohrabacher (TX) for Fiscal Year 1998, pursuant to the Brady (TX) Roukema f Brown (FL) John Roybal-Allard provisions of section 7(b)(6) of the Rail- Brown (OH) Johnson, E. B. Royce ANNUAL REPORT OF THE FED- road Retirement Act and section 12(1) Burr Johnson, Sam Rush ERAL LABOR RELATIONS AU- of the Railroad Unemployment Insur- Burton Jones (NC) Ryan (WI) THORITY FOR FISCAL YEAR ance Act. Buyer Jones (OH) Ryun (KS) Callahan Kanjorski Sabo 1998—MESSAGE FROM THE PRESI- WILLIAM J. CLINTON. Camp Kaptur Sanchez DENT OF THE UNITED STATES THE WHITE HOUSE, November 16, 1999. Capps Kelly Sandlin Capuano Kennedy Saxton The SPEAKER pro tempore laid be- f Carson Kildee Scarborough fore the House the following message Chambliss Kilpatrick Schaffer from the President of the United ANNOUNCEMENT OF MEASURES TO Chenoweth-Hage King (NY) Sensenbrenner States; which was read and, together BE CONSIDERED UNDER SUSPEN- Clay Kingston Sessions SION OF THE RULES Clayton Kleczka Shadegg with the accompanying papers, without Clyburn Klink Shays objection, referred to the Committee Mr. THUNE. Mr. Speaker, pursuant Coble Kucinich Sherman on Government Relations: to House Resolution 374, I announce Collins LaHood Sherwood To the Congress of the United States: the following measures to be taken up Condit Lampson Shimkus Conyers Latham Shows In accordance with section 701 of the under suspension of the rules: Cook LaTourette Skelton Civil Service Reform Act of 1978 (Pub- S. 1844, Child Support Miscellaneous Costello Leach Smith (NJ) lic Law 95–454; 5 U.S.C. 7104(e)), I have Amendments; Spratt Cramer Lee the pleasure of transmitting to you the S. 1418, Holding Court in Natchez, Crowley Levin Stearns Cubin Lewis (GA) Stenholm twentieth Annual Report of the Fed- Mississippi; Cunningham Lewis (KY) Stump eral Labor Relations Authority for Fis- S. 1235, Railroad Police Training; Davis (FL) LoBiondo Stupak Sununu cal Year 1998. H.R. 1953, Cahuilla Indians; Davis (IL) Lofgren The report includes information on H.R. 3051, Jicarilla Apache Reserva- Deal Lucas (KY) Sweeney Delahunt Lucas (OK) Talent the cases heard and decisions rendered tion; Tancredo DeLay Manzullo by the Federal Labor Relations Au- S. 278, Land Conveyance, Rio Arriba Tauscher DeMint McCarthy (MO) Tauzin thority, the General Counsel of the Au- County, New Mexico; Dickey McCrery Taylor (MS) thority, and the Federal Service Im- S. 416, City of Sisters; Dingell McDermott Taylor (NC) Dixon McGovern passes Panel. S. 1843, Dugger Mountain Wilderness Thompson (CA) McInnis Doggett Thompson (MS) WILLIAM J. CLINTON. Act of 1999; Dooley McIntosh Thune THE WHITE HOUSE, November 16, 1999. H.R. 1167, Tribal Self Governance; Doolittle McKinney Thurman S. 382, the Minuteman Missile Na- Dreier McNulty f Tiahrt tional Historic Site Establishment Act Duncan Meek (FL) Tierney Edwards Meeks (NY) Toomey PERIODIC REPORT ON CONTINUING of 1999; Ehrlich Menendez Turner NATIONAL EMERGENCY WITH H.R. 1827, Government Waste Correc- Emerson Mica Udall (CO) RESPECT TO IRAN—MESSAGE tions Act of 1999; and S. 440, Support Etheridge Millender- Udall (NM) FROM THE PRESIDENT OF THE Everett McDonald Upton School Endowments. Filner Mink Visclosky UNITED STATES (H. DOC. NO. 106– f Fletcher Mollohan Walsh 159) Forbes Moore Wamp REQUEST FOR INFORMATION RE- Ford Moran (KS) Waters The SPEAKER pro tempore laid be- Franks (NJ) Moran (VA) Watts (OK) fore the House the following message GARDING LEGISLATIVE SCHED- Frelinghuysen Myrick Whitfield from the President of the United ULE OF THE HOUSE Frost Napolitano Woolsey Gekas Neal Wu States; which was read and, together (Mr. ABERCROMBIE asked and was Gibbons Norwood Wynn with the accompanying papers, without given permission to address the House Goode Nussle objection, referred to the Committee for 1 minute and to revise and extend Goodlatte Obey on International Relations and ordered his remarks.) Gordon Olver to be printed: Mr. ABERCROMBIE. Mr. Speaker, as NOT VOTING—19 To the Congress of the United States: we know, we were originally scheduled Ackerman Gephardt Quinn As required by section 401(c) of the to meet here on Friday last. Unfortu- Berman Hill (MT) Smith (MI) National Emergencies Act, 50 U.S.C. nately, though requests were made to Castle McIntyre Watkins 1641(c) of the International Emergency see whether we could meet perhaps on DeFazio Meehan Waxman Economic Powers Act (IEEPA), 50 Monday or Tuesday, that was denied by Dunn Murtha Wise Ewing Ortiz U.S.C. 1703(c), I transmit herewith a 6- the distinguished majority leader. We Fossella Payne month periodic report on the national were not informed that we were not to

VerDate 29-OCT-99 06:04 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.124 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12065 come in on Friday until Thursday sented to us formally, and just perhaps tleman from Indiana (Mr. MCINTOSH) is morning. it will have some mechanisms in it recognized for 5 minutes. I would just like to indicate to the that will allay my concerns. My chief Mr. MCINTOSH. Madam Speaker, I distinguished majority leader and any concern is that what we would be doing rise today to comment briefly on the other Members who might be inter- in giving permanent most-favored-na- findings of fact that were issued on Fri- ested in the Veterans Day ceremonies tion status to China is making perma- day, November 5, in the United States that took place out in Hawaii, I will be nent the current situation. District Court by Judge Penfield Jack- happy to forward newspaper accounts That situation is one in which we are son in the Microsoft case. and television transcript excerpts to a country of laws, so any American Madam Speaker, this week we cele- them if they want to be informed about businessperson can import goods from brate the tenth anniversary of a great them, inasmuch as that is the way that China, subject only to our published moment in time when the Berlin Wall I had to find out about them myself. tariffs and restrictions and quotas. So that divided Europe for generations I wonder, Mr. Speaker, whether the many business people work here in the came tumbling down. I was a young majority would be prepared to tell us United States that they assume that if lawyer in the White House staff with at this time whether or not we can an- we could only change China’s laws, Vice President Quayle in the fall of ticipate leaving tomorrow or the next that their business people would be free 1989, and I will never forget the sense of day or the next day, or any day there- to bring in our goods. Nothing is all joy that I had in watching that accom- after. that clearcut. plishment. f Imagine, if you will, some business When the Berlin Wall was torn down, enterprise in China seeking to import the spirit of free enterprise flowed like SPECIAL ORDERS American goods receives a telephone a river, irrigating economic wasteland The SPEAKER pro tempore. Under call from a Communist party cadre that had been Communist East Ger- the Speaker’s announced policy of Jan- telling them, don’t buy American many. How ironic, Madam Speaker, uary 6, 1999, and under a previous order goods, buy them from France, buy that at the same time that we are cele- of the House, the following Members them from Germany. The Communist brating the tenth anniversary of the will be recognized for 5 minutes each. party of China is angry at speeches tearing down of the Berlin Wall, we are f made on the floor. The gentlewoman forced to watch the spectacle of this CHINA’S POTENTIAL ENTRY INTO from California (Ms. PELOSI) took the Justice Department attempting to THE WORLD TRADE ORGANIZA- floor again, you had better not buy build up a wall around a pioneering TION American goods. American company that has helped to An American businessman would make our Nation the unchallenged The SPEAKER pro tempore (Mrs. simply laugh at some party official technological leader of the free world. WILSON). Under a previous order of the telling him or her what to buy and While Microsoft fights to protect its House, the gentleman from California what to import, but a Communist Chi- freedom in court, freedom to innovate (Mr. SHERMAN) is recognized for 5 min- nese citizen would ignore advice, oral and to compete in the free market, this utes. advice, nonprovable advice, from the administration, the Clinton-Reno Jus- Mr. SHERMAN. Madam Speaker, I Communist Party of China only at tice Department, presses forward with rise with the sense that I am standing their peril. China is not a country its zeal to erect a Berlin Wall, if you in front of a moving train. Today’s where the rule of law prevails. Accord- will, of government regulation around media has almost already brought ingly, getting China to change its law America’s most successful techno- China into the World Trade Organiza- accomplishes perhaps very little. We logical enterprise. tion, and already declared that we are cannot assume that our trade deficit Madam Speaker, this Justice Depart- going to get enormous benefits from with China will go down. ment’s zealous campaign against that entry, and from a decision that What we have now is an annual re- Microsoft is the latest manifestation of they presume will be made on this floor view of our trading relationship with the liberal obsession with punishing to grant China permanent most-fa- China, so that if China were to move success. Here in Washington, because vored-nation status, which some call into Tibet and slaughter hundreds of of the tasteless class envy that many normal trade relation status. thousands of people, we could react in of my colleagues on the other side of Let us review where we are now on a way that they would understand, by the aisle continually wage, Mr. Gates our trading relationship with China. cutting off most-favored-nation status; and other successful men and women We have the most lopsided trading ar- that if China were to engage in massive have been vilified. rangement in the history of a Nation’s nuclear proliferation, we could react. If b 1930 life. We have a situation where we ex- China continues to widen its trade def- port roughly $14 billion and import icit and use unofficial means to ex- Yet in America, in the heartland of close to $70 billion from China. clude our exports, we could finally America, at the latest trade show, Mr. China is shameless in maintaining summon up the determination to react Gates and his company were applauded and expanding that lopsided trading re- here on this Floor. If we give China for bringing yet more new wonderful lationship. It maintains high tariffs on most-favored-nation status on a perma- technology that will benefit all people American goods, but what is worse nent basis, then we will not be able to in this world. than what China does officially in its react in any meaningful way. Mr. Gates is a man who had a dream, published laws is what it does to re- Madam Speaker, I have come to this a focus, a passion, an intelligence, and strict the access of American exports Floor three times, to vote in favor of the savvy which for 25 short years has through hidden, through unofficial, giving China most-favored-nation sta- revolutionized the computer industry. through cozy relationships between the tus one more year, and a second year, Today, because of Bill Gates and his Communist party of China and those and a third year, because I am not colleagues in the computer industry, business enterprises that could be in- ready to use our most powerful weapon people like me, my family, my grand- volved in importing American goods if in the Chinese-U.S. trade relationship mother, my wife’s father, Hoosiers all they only chose to do so. at this time. But it is a long way be- over Indiana, and Americans every- We would think, then, that any tween saying we are not willing to use where can simply flick a switch and change in this relationship would be a that weapon and that we want to en- play video games against each other, change for the better, since it is al- gage in unilateral disarmament. access the same documents thousands ready the worst trading relationship I f of miles apart, and view real-time could identify. Yet, I have to question video images of their children, their the idea of this House giving most-fa- CONCERNING THE UNWARRANTED grandchildren, and their family. vored-nation status to China on a per- REGULATIONS TO BE IMPOSED Mr. Speaker, I am proud of the enor- manent basis. ON MICROSOFT mous contribution that Microsoft has Madam Speaker, I cannot judge the The SPEAKER pro tempore. Under a made towards making the United deal in advance. It is yet to be pre- previous order of the House, the gen- States of America the technological

VerDate 29-OCT-99 06:04 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.152 pfrm02 PsN: H16PT1 H12066 CONGRESSIONAL RECORD — HOUSE November 16, 1999 leader, and I am proud that a young (Mr. KIND addressed the House. His eral St. Clair was defeated; Fort Meigs man who served on this House floor 27 remarks will appear hereafter in the at Toledo; and such pioneering sites as years ago, Bill Gates, had the freedom Extensions of Remarks.) the Golden Lamb Inn in Lebanon which and the opportunity to succeed so that f dates from 1803, has played host to 10 a magnificent country such as ours Presidents; the 1807 mansion of Thomas NORTHWEST TERRITORY OF THE could benefit from someone who pur- Worthington in Adena; in Lancaster, GREAT LAKES HERITAGE AREA sued that American dream. Ohio, is the Square 13 Historic District Now, what does this decision say to The SPEAKER pro tempore. Under a that includes a number of homes from the next young man or woman who previous order of the House, the gen- the 1810s and 1820s, including the 1820 wants to be Bill Gates? Who wants to tleman from Indiana (Mr. SOUDER) is home of William Tecumseh Sherman; create their own Microsoft? What does recognized for 5 minutes. and in Marietta, ‘‘Campus Martius: The it say to our children in the 20-some- Mr. SOUDER. Madam Speaker, as a Museum of the Northwest Territory,’’ thing years that have an idea and want member of the Subcommittee on Na- which includes the Rufus Putnam to see it succeed? To me it says if one tional Parks and Public Lands, and as house, the only structure from the succeeds, then the government will a representative of historic Ft. Wayne, original stockade, and the 1788 plank- come after them and will stifle their Indiana, I rise this evening to intro- and-clapboard Ohio Land Company Of- success. duce a bill to create the Northwest fice. There are two central flaws in this Territory of the Great Lakes Heritage In Indiana, we have numerous sites opinion, this finding of facts. First is Area. I am pleased to be joined by related to this period as well: The Lin- the finding that Microsoft’s develop- original cosponsors, these Members coln Boyhood Memorial; New Har- ment of the Windows operating system representing both political parties mony, the first State capital; and Gov- has created an ‘‘applications barrier to from not only Indiana but the Old ernor William Hendricks home in entry.’’ In this theory they broke the Northwest States of Ohio, Illinois, Corydon; the historic town of Madison; the Connor Prairie Museum; National law by trying to preserve that so-called Michigan, and Wisconsin: The gen- Historic Sites at Vincennes and Tippe- barrier, including trying to destroy tleman from Illinois (Mr. HASTERT), canoe; and the battle sites in Ft. competing products. In my estimation, the gentlewoman from Ohio (Ms. KAP- Wayne, including the forts; Little Tur- Microsoft has simply acted as any very TUR), the gentleman from Ohio (Mr. tle; and Indian village sites including rational competitor in the industry GILLMOR), the gentleman from Illinois the Richardville House; and Johnny would act, trying to forward their (Mr. LAHOOD), the gentleman from Ohio (Mr. LATOURETTE) the gentleman Appleseed Park and Gravesite. product. They have a superior product. Illinois, Wisconsin, and Michigan In most cases it appears to have been from Ohio (Mr. BOEHNER), the gen- tleman from Ohio (Mr. PORTMAN), the have important sites as well, but they in the interest of the other companies were less settled at that time. Mack- to have their products work with Win- gentleman from Michigan (Mr. STU- PAK), the gentleman from Michigan inac Island was a trading anchor of the dows. upper Midwest and has many historic (Mr. BARCIA) the gentleman from Illi- For example, when they reached a buildings in a beautiful location where nois (Mr. EWING), the gentleman from deal with America Online to distribute automobiles are still banned. These Indiana (Mr. ROEMER), the gentle- their Internet browser instead of the wonderful historic sites, however, are woman from Ohio (Mrs. JONES), the Netscape browser, AOL did so not be- somewhat lost without a cohesive gentleman from Michigan (Mr. HOEK- cause of threats from Microsoft but be- story. The Lewis and Clark Trail, in STRA), the gentleman from Indiana cause it benefited their customers. which they charted America’s frontier, (Mr. MCINTOSH), the gentleman from They wanted to sell the product be- has numerous informative materials Ohio (Mr. SAWYER), the gentleman cause it was a better product. And then about its history as well as visitor cen- from Illinois (Mr. PHELPS), the gen- at the end of 1998, when they could ters along the trail. However, in the tleman from Wisconsin (Mr. GREEN), have ended that exclusive arrange- Midwest this is not as true. ment, they decided they wanted to ex- the gentlewoman from Michigan (Ms. In the legislation that we are intro- tend it. While Microsoft has been very STABENOW), and the gentleman from ducing this evening, it includes only aggressive in promoting its products, Ohio (Mr. OXLEY). those sites from the Northwest Terri- The gentleman from Pennsylvania we do not punish aggressive competi- tory period of 1785 to 1835. It forms a tion in America. (Mr. ENGLISH) who represents Erie, management authority consisting of But, Mr. Speaker, the more egregious Pennsylvania, is also a cosponsor. appointees by the governor of each flaw in the findings is the reason that Though Erie was not part of the North- Northwest Territory State, including a it is based on a pitifully outdated the- west Territory of the Great Lakes, Native American appointee from each ory of tying. Now, if some competitor Erie, Pennsylvania, was intimately in- State, as well as representatives of comes along with a better browser, volved in our history, including being each State’s historical society. frankly Microsoft can rapidly find the launching place for Commodore Duties and powers include the ability itself at the losing end of that competi- Oliver Hazard Perry’s fleet to victory to receive funds, disburse funds, make tion, and there is no reason or ration- on Lake Erie and as the final resting grants, hire staff, develop a manage- ale to apply the theory of tying one place of General Anthony Wayne. ment plan, and to ‘‘help ensure the product with another in the computer Mr. Speaker, many of the sites from conservation, interpretation, and de- world; as Professor George Priest has the Northwest Territory period are velopment of the historical, cultural, so aptly stated. As such, the tradi- now lost, but throughout the Midwest natural, and recreational resources re- tional tying theory, Professor Priest there are still key buildings and sites lated to the region historically referred argues, may be irrelevant in this case that have been preserved. As my col- to as the Northwest Territory of the because it simply did not apply to com- leagues can see on this map of the Great Lakes during the period from puters. Northwest Territory, this is the origi- 1785 through 1835.’’ Madam Speaker, I would hope that nal Northwest Territory of the United Madam Speaker, this may include de- my colleagues would pay attention to States, including all of Ohio, Indiana, veloping an Internet Web site and this and make sure that this Justice Michigan, and Illinois. And at that other marketing programs, erecting Department does not end up putting a time, Illinois also included the State of signs, recommendations on conserva- damper on the innovation and techno- Wisconsin and Minnesota east of the tion, funding and management for de- logical growth that has made this Mississippi River. velopment of the Heritage area, but In Ohio, we not only have the Battle country great. only within existing State and local of Fallen Timbers Historic Site and the plans and with comments of residents, f International Peace Memorial to Com- public agencies, and private organiza- The SPEAKER pro tempore (Mrs. modore Perry at Put-in-Bay at South tions within the Heritage Area. WILSON). Under a previous order of the Bass Island in Lake Erie, but other di- The Act specifically forbids taking House, the gentleman from Wisconsin verse sites as well including the Fort any action which ‘‘jeopardizes the sov- (Mr. KIND) is recognized for 5 minutes. Recovery State Memorial, where Gen- ereignty of the United States’’ and

VerDate 29-OCT-99 06:04 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.155 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12067 stipulates that the authority ‘‘shall (iii) the Detroit River, the St. Mary’s (1) Fort Dearborn and Fort Clark in the not infringe upon the private property River, and the St. Joseph River in the State State of Illinois. rights of individuals or other property of Michigan; and (2) In Indiana— (iv) the Great Miami River, the Maumee (A) Anthony Wayne, Chief Little Turtle, owners.’’ It authorizes appropriations River, and the St. Mary’s River in the State and Chief Richardville sites (Fort Wayne); of up to $1 million per year and not of Ohio; (B) The Historic Forks of the Wabash Park more than $10 million for the Heritage (B) the Great Lakes; and Chief LaFontaine Home (Huntington); Area as a whole. Federal funding can- (C) the River Portage Trails, including but (C) Kokomo Village (Kokomo); not exceed 50 percent of the total cost not limited to— (D) Deaf Man’s Village (Peru); of any assistance. (i) the 3 mile portage from the St. Joseph (E) Munsee Town (Muncie); The Midwest has far too long been River to the Little Wabash River in Fort (F) Chief Menominee Monument (Plym- overlooked. The rivers and Great Lakes Wayne, which was the only separation in the outh); waterway from the upper Great Lakes to the (G) Historic Vincennes (Vincennes); were America’s first transportation Gulf of Mexico; and (H) Prophetstown (Lafayette); and system that opened up the West and (ii) from the Great Miami River to the St. (I) Historic Corydon (Corydon). nourish breadbasket of the world, not Mary’s and Wabash ––Rivers in Ohio; (3) In Michigan— to mention providing the raw materials (D) the 13 forts which developed in the re- (A) Fort Michilimackinac (Mackinaw and distribution system for the indus- gion, including but not limited to— City); and trial heartland of America. (i) Fort Dearborn, in Chicago, Illinois; (B) Fort Mackinac (Mackinac Island). Madam Speaker, the Native Amer- (ii) Fort Wayne, in Fort Wayne, Indiana; (4) In Ohio— (A) Fallen Timbers State Memorial ican nations in the Midwest, because so (iii) Fort Mackinac on Mackinac Island, Michigan; and (Maumee); many of their historic sites and culture (iv) Fort Defiance, in Defiance, Ohio; and (B) Fort Defiance State Memorial (Defi- were destroyed and because there is (E) the settlements, including Native ance); less modern documentation, are often American villages, early trading posts, and (C) Fort Adams/Ft. Amanda State Memo- forgotten while similar and smaller territorial capitals that developed in the re- rial (Wapakoneta); some less powerful tribes of the West gion. (D) Fort Recovery State Memorial (Fort get far more attention. (4) The military history of the region in- Recovery); Madam Speaker, it is a great honor cludes, but is not limited to— (E) Fort Greeneville/Treaty of Greeneville Memorial (Greeneville); and a proud day for Ft. Wayne and all (A) LaBalme’s Defeat in 1780; (B) the defeat of General Harmar in 1790; (F) Fort Jefferson State Memorial (Ft. Jef- of the Midwest to introduce this bill (C) the defeat of General St. Clair in 1791; ferson); this evening. It has been a long day in (D) the United States victory by General (G) Fort St. Clair State Memorial (Eaton); coming. ‘‘Mad’’ Anthony Wayne at the Battle of Fall- (H) Fort Hamilton Monument (Hamilton); Madam Speaker, I submit a copy of en Timbers in 1794; and (I) Fort Washington (Cincinnati); and the bill and the following facts about (E) the Battle of Lake Erie in 1832. (J) Perry’s Victory and International the Northwest Territory for inclusion (5) The confederacy of Indian Nations was Peace Memorial (Put-in-Bay). in the RECORD. organized by Tecumseh and ‘‘The Prophet’’ SEC. 5. MANAGEMENT ENTITY AND DUTIES to stop American advancement. General Wil- (a) IN GENERAL.—The management entity H.R. — liam Henry Harrison defeated The Prophet for the Heritage Area shall be the Northwest Be it enacted by the Senate and House of Rep- at the Battle of Tippecanoe in 1811. This was Territory of the Great Lakes National Herit- resentatives of the United States of America in the last major battle east of the Mississippi age Area Authority. Congress assembled, River with Indian Nations and led to the fa- (b) COMPOSITION.—The Authority shall be SECTION 1. SHORT TITLE. mous slogan ‘‘Tippecanoe and Tyler too’’, composed of 18 members appointed as fol- This Act may be cited as the ‘‘Northwest which propelled Harrison to the Presidency lows: Territory of the Great Lakes National Herit- of the United States. (1) 3 members appointed by each of the fol- age Area Act of 1999’’. (6) The War of 1812, during which the re- lowing: (A) The Governor of Illinois or the Gov- SEC. 2. FINDINGS AND PURPOSE. gion might have been lost to Canada without Commodore Perry’s victory at Put-in-Bay on ernor’s designee. (a) FINDINGS.—The Congress finds the fol- (B) The Governor of Indiana or the Gov- lowing: Lake Erie. (7) The rush of settlers to the region after ernor’s designee. (1) The region which includes Illinois, Indi- (C) The Governor of Michigan or the Gov- ana, Michigan, and Ohio was once known as the War of 1812 led to additional treaties and conflict with the Native Americans. Most In- ernor’s designee. the Northwest Territory. It was the first (D) The Governor of Ohio or the Governor’s frontier region of the new United States of dians were removed in a series of events cul- minating with the so-called ‘‘Black Hawk designee. America. Some of the indigenous peoples of (2) 1 member appointed by each of the fol- the area were the Delaware, Kikapoo, Miami, Wars’’, which ended in 1833. (b) PURPOSES.—The purposes of this Act in- lowing: Ottawa, Piankeshaw, Potowatami, Shawnee, (A) The Historical Society of the State of Wea, and Wyandotte Indians. clude the conservation, interpretation, and development of the historical, cultural, nat- Illinois. (2) The distinctive landscape of this area ural, and recreational resources related to (B) The Historical Society of the State of was largely defined by— the region historically referred to as the Indiana. (A) the Ordinance of 1785, which estab- Northwest Territory of the Great Lakes dur- (C) The Historical Society of the State of lished a system of transferring land owner- ing the period from 1785 to 1835. Michigan. ship from the Indians to the United States SEC. 3. DEFINITIONS. (D) The Historical Society of the State of Government and then to private owners, and For the purposes of this Act— Ohio. created the system of land surveyance and (1) the term ‘‘Authority’’ means the North- (3) 2 members appointed by the Secretary township and county plats which remains west Territory of the Great Lakes National of the Interior of the United States or the today; Heritage Area Authority; Secretary’s designee. (B) the Northwest Ordinance of 1787, which (2) the term ‘‘Heritage Area’’ means the (4) Of the 3 members appointed by each established a process through which self-gov- Northwest Territory of the Great Lakes Na- Governor of a State under paragraph (1)— ernment in this first frontier of the newly tional Heritage Area established in section 4; (A) at least 1 member shall be a member of organized United States could be established; and the governing body of an Indian tribe located and (3) the term ‘‘Plan’’ means the manage- within the State, or a designee of such a (C) the Treaty of Greeneville of 1795, which ment plan required to be developed for the member; and signaled the end of Indian resistance in the Heritage Area pursuant to section 5(e)(1)(G). (B) at least 1 member shall be an elected region. official of a unit of local government located (3) The local environmental and topo- SEC. 4. THE NORTHWEST TERRITORY OF THE GREAT LAKES NATIONAL HERITAGE within the State which has 1 or more his- graphical landscape of the area was largely AREA. toric sites significant to the Heritage Area. defined in commercial and strategic terms (a) ESTABLISHMENT.—There is hereby es- (c) TERMS.—The term of office shall be 2 by— tablished the Northwest Territory of the years. No member of the Authority shall (A) the area river systems, including but Great Lakes National Heritage Area. serve more than 4 terms. not limited to— (b) BOUNDARIES.—The Heritage Area shall (d) COMPENSATION.—Compensation for (i) the Fox River, the Illinois River, and be comprised of historically significant members of the Authority shall be deter- the Kankakee River, in the State of Illinois; areas, as defined by the Authority, within Il- mined by the Authority as part of the Plan. (ii) the Eel River, the Elkhart River, the linois, Indiana, Michigan, and Ohio (as de- (e) DUTIES AND POWERS.— Kankakee River, the Maumee River, the St. fined by the Northwest Ordinance of 1787), (1) DUTIES.—The Authority shall— Joseph River, the St. Mary’s River, and the such as the following historically significant (A) receive funds from various sources for Wabash River in the State of Indiana; locations: the implementation of this Act;

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(B) disburse funds in accordance with this SOME BASIC FACTS ABOUT ILLINOIS IN THE extinguished the Sauk tribe, the warriors, Act; NORTHWEST TERRITORY PERIOD old people, women, and children were driven (C) make grants to and enter into coopera- The rest of the Northwest Territory be- into the water and ambushed as they tried to tive agreements with States and their polit- came the Illinois Territory in 1816 after Indi- reach the west bank. Black Hawk escaped ical subdivisions, private organizations, or ana became a state. General Anthony but was soon captured. Only a few Indians other individuals or entities as appropriate Wayne’s Treaty of Greenville had set aside stayed in the state thereafter, including for the execution of this Act; from Indian lands three sites in present day Shabbona, a friendly Ottawa who had warned (D) hire and compensate staff; Illinois: a twelve-square mile square at the the whites when Black Hawk threatened. (E) enter into contracts for goods and serv- mouth of the Illinois River which was never This also ended the fur-trading era, as now ices; developed; a post at Fort Massac on the Ohio settlers poured into Illinois with the final In- (F) develop a management plan for the River; and a six-mile square at Peoria where dian removal. Heritage Area; Fort Clark would be built. In 1800 Illinois SOME BASIC FACTS ABOUT MICHIGAN IN THE (G) help ensure the conservation, interpre- had 2,458 residents of which 719 were in NORTHWEST TERRITORY PERIOD tation, and development of the historical, Cahokia and 467 in Kaskaskia. After Illinois became a state, the remain- cultural, natural, and recreational resources The Illinois Territory was active during ing area of the Northwest Territory (Michi- related to the region historically referred to the War of 1812. In fact the governor, Ninian gan, Wisconsin and Minnesota east and north as the Northwest Territory of the Great Edwards, told the Secretary of War that he of the Mississippi) became the Michigan Ter- Lakes during the period from 1785 through expected to lose one-half the white popu- ritory. Lewis Cass became Governor of the 1835; lation of the state. The most dramatic loss Michigan Territory in 1813, and added the (H) foster a close working relationship occurred during the Fort Dearborn (Chicago) larger jurisdiction in late 1818. In 1819 Treaty with all levels of government, the private massacre. William Wells of Fort Wayne, son- of Saginaw, the Chippewa ceded land in the sector, philanthropic and educational orga- in-law of Miami Indiana War Chief Little central and southeast portion of the Lower nizations, local communities, and regional Turtle, went to rescue the garrison there and Peninsula of Michigan. Two years later, the metroparks systems through a coalition or- bring them to Fort Wayne even though he Chippewa, Ottawa and Potawatomi ceded ganization to both conserve the heritage of felt they would be killed. While crossing the southwestern Michigan. this region and utilize its resources for tour- sand dunes of northwest Indiana, the garri- Michilimackinac controlled the Straits of ism and economic development; son was in fact nearly all slaughtered, in- Mackinac until George Rogers Clark’s vic- (I) develop an Internet web site and other cluding Wells. The Indians paid tribute to tories in 1779. At that time operations moved marketing programs to further the purposes Wells bravery by eating his heart. to a new fort on Mackinac Island. The Amer- of this Act; and During the War of 1812 Benjamin Howard icans finally claimed this fort after the Jay (J) in accordance with Federal, State, and left the governorship of the Missouri Terri- Treaty of 1796. Mackinac Island was described by Major local laws, erect signs to promote the Herit- tory to become brigadier general for the Illi- age Area. Caleb Swan in 1796 in this way: nois-Missouri district. His rangers rebuilt ‘‘On the south side of this Island, there is (2) POWERS.—The Authority may develop Fort Clark at Peoria. General William Clark a small basin, of a segment of a circle, serv- visitor centers and interpretive facilities for went north and captured Prairie du Chien ing as an excellent harbor for vessels of any the Heritage Area. (now part of Wisconsin) but the small rem- burden, and for canoes. Around this basin the (f) PLAN.—The Plan shall— nant left behind surrendered to the British village is built, having two streets of nearly (1) present recommendations for the Herit- again the following year. Two later expedi- a quarter of a mile in length, a Roman chap- age Area’s conservation, funding, manage- tions up the Mississippi the next year ended el, and containing eighty-nine houses and ment, and development, taking into consid- at Rock Island, where the British had rein- stores; some of them spacious and handsome, eration existing State and local plans and forced Sauk and Fox Indians. Future Presi- with white lime plastering in front, which the comments of residents, public agencies, dent of the United States commanded the shows to great advantage from the sea. At and private organizations working in the second attack, which suffered heavy losses. one end, in the rear of the town, is an ele- Heritage Area; A fort was built at present day Warsaw, gant government house, of immense size, and (2) not be final until it has been approved across from the mouth of the Des Moines finished with great taste. It is one story by the Governors of Illinois, Indiana, Michi- River. It was named Fort Edwards. After the high, the rooms fifteen feet and a half in the gan, and Ohio; fall of Fort Dearborn (and Fort Mackinac clear. It has a spacious garden in front, laid (3) include— and Detroit, with Fort Wayne under siege) out with taste; and extending from the (A) an inventory of the resources contained United States control ended at the Fort Ed- house, on a gentle declivity, to the water’s in the Heritage Area, including a list of any wards-Peoria-Vincennes line. Had Perry not edge.’’ property in the Heritage Area that is related controlled the Great Lakes, that could have One of the houses that stood on the island to the themes of the Heritage Area and that been the southern border of Canada. in 1796 was later acquired by trader Edward should be preserved, restored, managed, de- On December 3, 1818, Illinois was admitted Biddle. The ‘‘Biddle House’’ is probably the veloped, or maintained because of its nat- as a state. Kaskaskia was its capitol at the oldest surviving house in Michigan, if not ural, cultural, historical, or recreational sig- time. A perspective on its population is to the entire Northwest Territory of the Great nificance; and note that in 1821 what is now Chicago had Lakes. (B) a program for the implementation of two families outside the fort and Galena, A major threat to the British fur trade in the management plan by the Authority. soon to be lead-mining capitol, had one cabin Michigan—which was the predominant activ- by 1822. The population was concentrated in ity in Michigan during the early days of the (g) SPECIFIC PROHIBITIONS.—The southern Illinois, with more moving into Authority— Northwest Territory—was the formation of central Illinois. The capitol was moved to (1) shall not take any action which jeop- the American Fur Trade Company by John Vandalia by 1819. The Sacs and Fox Indians ardizes the sovereignty of the United States; Jacob Astor in 1808. By 1812, Astor had made ceded northern Illinois by 1804. The Pota- and peace with the British companies, handling watomi, Kickapoo and Chippewa completed (2) shall not infringe upon the private prop- their trade in the United States and basing ceding central Illinois by 1817. But it wasn’t erty rights of individuals or other property his operations at Mackinac. His business until 1819 that the Kickapoo ceded the area owners. came to a standstill during the war, but with southeast of the Illinois and Kankakee Riv- the peace of 1814 he was again active. In 1816 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ers. Congress passed a law confining the fur trade (a) IN GENERAL.—There is authorized to be In 1827, the so-called Winnebago War was a to American citizens. appropriated to carry out this Act not more skirmish in which two white men were killed Detroit was founded by Cadillac in 1701. In than $1,000,000 for any fiscal year. Not more by Indians who felt they had violated their 1805 Detroit was burned by a fire, much like than a total of $10,000,000 may be appro- hunting grounds. Chief Red Bird decided that Chicago was many years later (though De- priated for the Heritage Area. discretion was the better part of valor, and troit at this time was very small). When it ‘‘surrendered’’ six Indians. But the scare re- was rebuilt, Augustus Woodward, a friend of (b) 50 PERCENT MATCH.—Federal funding sulted in militia organizing. Thomas Jefferson, and Territorial Governor provided under this Act may not exceed 50 The so-called Black Hawk War could have William Hull decided Detroit needed a percent of the total cost of any assistance or been avoided. Four thousand white regulars grander layout and visited Washington, DC. grant provided or authorized under this Act. chasing outnumbered, fatigued and hungry Woodward secured a copy of the plan for Indian families into what is now Wisconsin is Washington that Pierre L’Enfant had made. After Ohio became an independent state, not a ‘‘war.’’ In the Battle of Wisconsin He laid out a plan with circular parks with the remaining portion of the Northwest Ter- Heights, west of what is now Madison, Wis- radiating streets, wider boulevards, and ritory was renamed the Indiana Territory. consin, Chief Black Hawk held off the army grand avenues. While it was launched in this The United States House of Representatives so that Indian women and children could manner, a judge and the next Governor, soon approved Indiana as a state as well, cross the Wisconsin River. The end came at Lewis Cass, wrecked Woodward’s plan by passing statehood on December 28, 1815, with the Battle of Bad Axe, on the Mississippi narrowing the streets. The city had to pay the Senate following a few days later on Jan- River between LaCrosse and Prairie du for this confusion for many, many years. De- uary 2, 1816. Chien. In the heavy slaughter that almost troit was incorporated in 1815. In 1810 the

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.123 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12069 population of Detroit was around 800, but de- Miami tribe was driven west to Indiana by and the national government hired the fa- clined during the War of 1812. By 1818 it was the Iroquois, and settled along the Eel River mous artist, Gilbert Stuart, to paint a por- up to 1100. Two events that helped promote and near the site of ‘‘Three Rivers,’’ where trait of the great chief. Detroit were a surprise visit by President Fort Wayne now stands. Little Turtle was Little Turtle returned to the nation’s cap- Monroe in 1817, and the first steamboat born about 1752, probably at the site of his ital later to visit two other presidents, John (Walk-in-the-Water) arrived as a symbolic father’s main village, Turtletown, about five Adams and Thomas Jefferson. On one of his opening of the Great Lakes. Interestingly, miles east of present day Columbia City, visits, the Miami chief persuaded the Society the population at Mackinac Island at times along the KEN-A-PO-CO-MO-CO, or Eel of Friends (Quakers) to help him in stopping surges to 2000 during this period. River. the sale of liquor to the tribes in Indiana, Several additional forts were built in the Little Turtle first came to the attention of and also to establish an agriculture school Michigan section of the Northwest Territory the whiteman when he celebrated his first for the Indians to teach the whiteman’s ways after treaties began to open some areas for victory over a whiteman’s army at a skir- of farming. This historical school was estab- settlement. Fort Gratiot was built at the mish known as ‘‘LaBalme’s Massacre’’ that lished in 1804 near the little town of An- site of Port Huron in 1816. Fort Saginaw, at occurred in November of 1780. LaBalme was a drews, just a few miles west of Huntington, the present site of Saginaw, and Fort Brady, French ‘‘soldier of fortune,’’ who led a small but was never really successful and finally at Sault Ste. Marie, were built in 1822. band of Creoles from Vincennes to attack the closed down when Tecumseh and the Prophet Michigan was slow in settling partly because British garrison at Detroit. The Creole army organized the tribes against the Americans of a reputation for poor land, and partly due stopped long enough at Kekionga (now Fort in the years preceding the War of 1812. to its weather. An Eastern rhyme was: Wayne) to destroy that Indian village, and In 1811, the Tecumseh confederation was ‘‘Don’t go to Michigan, that land of ills; The then journeyed over to nearby Eel River and openly planning war on the whites and was word means ague, fever and chills.’’ captured and looted the Miami trading post seeking to combine all of the tribes of the In order to help combat the negative pub- there. On November 5th, the Indians, under Northwest Territory in their confederation. licity, General Lewis Cass organized a grand the Leadership of Little Turtle, attacked Little Turtle, who was by then the white- tour that included 42 men. In this group were LaBalme’s group and massacred the entire man’s best friend in Indiana, succeeded in geologist Henry R. Schoolcraft and geog- force. This victory must have established the keeping his tribe from joining the Indian rapher David B. Douglass. They went to reputation of Little Turtle as a warrior, be- confederation and taking part in the Battle Mackinac Island, Sault Ste. Marie, the Pic- cause he served as the chief of the Eel River of Tippecanoe. By this time, the 60-year-old tured Rocks (now a national Lakeshore) on tribe from then on. chief was in ill health, and crippled from the southern shore of Lake Superior, Little Turtle was next heard from when he rheumatism and gout. He was soon forced to Schoolcraft went to Ontonagon to see the won two more victories over the ‘‘whites’’ leave his home on the Eel River and move to copper boulder that had already been re- near Eel River in October of 1790. Within a the house of his adopted son in Fort Wayne. When the War of 1812 erupted, the great ported upon (now in the Smithsonian), three-day period, he twice defeated the mili- chief was on his death bed at the Wells’ home sought the source of the Mississippi (later tia troops under the command of Colonel at Fort Wayne. After several weeks of ill- discovered at Lake Itasca in Minnesota by John Hardin. Hardin’s force was a part of the ness, the old chief died at Fort Wayne on Schoolcraft), crossed into present-day Wis- army of General Josiah Harmar who was July 14, 1812. He was given a military funeral consin, down to Fort Dearborn (Chicago) and leading an expedition to destroy Indian by the American garrison at the fort and was across to Detroit. Some of the group went to towns around Kekionga. In the three days’ buried in the old Indian cemetery on Spy present-day Green Bay and crossed on a action, Hardin lost over two hundred militia Run, near the banks of the Wabash River. He more northerly route. troops. was buried with Washington’s sword and the A series of events—the Walk-in-the-Water However, Little Turtle’s greatest triumph medals and other honors that had been be- steamboat in 1818, the development of the over the Americans was to come the next stowed on him by the Americans. One hun- Erie Canal in 1825, improved roads, progress year in western Ohio. On November 4, 1791, at dred years later, in 1912, the grave was acci- in surveys, opening of land offices and better a site 11 miles east of Portland, Indiana, and dentally discovered, and the sword and other public relations all combined to make Michi- just across the state border in the Buckeye awards were put in the Allen County-Fort gan America’s most popular western destina- State, Little Turtle led his Indian army in Wayne Historical Society Museum at tion from 1830 to 1837. an attack on General Arthur St. Clair’s expe- dition. St. Clair was the governor of the Swinney Park. SOME FOOTNOTES ABOUT WISCONSIN IN THE Northwest Territory and commanded an Jacob Piatt Dunn, the famous Indiana his- NORTHWEST TERRITORY PERIOD army of 2700 in an expedition against the In- torian, has paid the following tribute to the The Wisconsin area of the Northwest Terri- dian tribes in northern Ohio. In a complete great chief, ‘‘he was the greatest of the Mi- tory had few Americans for a long time. Fort surprise attack and rout, Little Turtle in- amis, and perhaps, by the standard of Howard in the Green Bay area was garri- flicted the greatest defeat that an American achievement, which is the fairest of all soned in 1816 on the Fox River. Fort army had met up to that time. In this ac- standards, the greatest Indian the world has Crawford was built at the mouth of the Wis- tion, which became known as ‘‘St. Clair’s known.’’ All Hoosiers should be proud of this consin River at Prairie du Chien. John Jacob Massacre,’’ the American army lost over great Indian chief, and he deserves to be re- Astor, the fur trader, was a key player in the one-third of its force. membered with the greatest of the historic northern lakes area from his outposts at Three years later, another American army, figures in the history of our state. Mackinac during this period. Wisconsin only commanded by General Anthony Wayne, ad- developed after the frontier period ended for vanced into northern Ohio to engage the The critical nature of controlling the junc- the original Northwest Territory of the Miami Indian confederation. Little Turtle tion at Kekionga and the pacification of the Great Lakes. realized that this new army was much Indian nations of northwest Ohio and north- ern Indiana is a lesser known story of Amer- SOME BASIC FACTS ABOUT INDIANA IN THE stronger and better trained than St. Clair’s ican history. Yet it is extremely important. NORTHWEST TERRITORY PERIOD force and he refused to join forces with the other tribes to attack Wayne’s army. The Few have told it as well as historian John A short article in a booklet by Arville other tribes, led by Bluejacket, the Shawnee Ankenbruck of Fort Wayne. In one of his nu- Funk entitled A Sketchbook of Indiana His- chief, did attack Wayne’s command at Fall- merous books, Five Forts. He discusses the tory (which includes many interesting essays en Timbers and were soundly defeated by the humiliating defeat of General Josiah Harmar on Indiana history) calls Chief Little Turtle American army. at what is now Fort Wayne. Harmar de- the greatest Indian who ever lived in Indi- After defeating the Indian army, Wayne in- stroyed the villages at Miamitown ana. He was certainly its greatest warrior: in vited the leading chiefs of the Northwest (Kekionga), and then, after two days, moved fact, his war record exceeds Tecumseh and Territory to meet with him at Fort Green- his army to Chillicothe (a Shawnee town the famous western Indians. He won not just ville, Ohio, to sign a peace treaty under today located about where Anthony Boule- one significant battle, but three. And he was which the Indian tribes would be paid for vard crosses the Maumee). Other soldiers correct in forecasting the critical losses at their land, that would then become open to were sent northwest toward suspected vil- Fallen Timbers and Tippecanoe. settlement by the whiteman. The eleven lages at Eel River. The Indians were hidden tribes present, including Little Turtle’s in an area near where U.S. 33 crosses Eel LITTLE TURTLE OF THE MIAMIS tribe, sold over 25,000 square miles of land to River. The troops were ambushed, with only Probably the greatest Indian who ever the new government of the United States. 6 regulars surviving (22 regulars and 9 militia lived in what became the Hoosier State was Little Turtle signed the treaty and never were killed). Harmar then burned the Shaw- ME-SHE-KIN-NO-QUAH, or Little Turtle, again took the war-path against the whites. nee town, and marched southeast to camp the great chief of the Miami tribe. This great Wayne had invited Little Turtle to visit near the present-day town of Hoagland. Upon Indian was not only a famous war chief, but the national capital and meet with the hearing that the Indians had come back to also the white man’s best friend in Indiana ‘‘great white father,’’ President Washington. Miamitown, Harmar sent 500 troops back up after he and his tribe left the warpath. The great Miami chief, along with his adopt- to the Indian villages. Mounted riflemen Little Turtle was the son of ed son, William Wells, travelled to Philadel- crossed the St. Mary’s at about where motor- AQUENACKQUE, or The Turtle, a famous phia (then the capital) and visited with the ists today go over the Spy Run Bridge. They Miami war chief during that tribe’s many president in 1797. The president presented hoped to catch the Indians by surprise from wars with the Iroquois tribe. Finally, the Little Turtle with a very expensive sword the rear but instead Little Turtle nearly

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.146 pfrm02 PsN: H16PT1 H12070 CONGRESSIONAL RECORD — HOUSE November 16, 1999 wiped out the soldiers as they attempted to side of the St. Joseph River. They were all ers, largely Kentucky horsemen, began the cross the river. Some 300 survivors made it empty. Rough timber houses and storage systematic destruction of the villages. Fire back (183 had been killed). buildings, belonging to both French traders swept across the some 500 acres of cleared It was clear that the United States Govern- and Indians, were here and there near the area. Every building was leveled. Every crop ment wanted a permanent stronghold at river banks. These too were empty and aban- was cut down. The decimation spread in a Kekionga. After Harmar’s failure, the Gov- doned. wider circle. The Delaware village several ernor of the Northwest Territory—General The sky was overcast and a damp chill miles up the St. Mary’s was burnt out, as Arthur St. Clair—decided that he, himself, wind blew from the west. Mad Anthony were the Ottawa village some distance up would lead the army to seize this junction. Wayne rode his horse slowly through the the St. Joseph and any remaining Shawnee General St. Clair, with his army of 2000 Kekionga village and its hundreds of Indian dwellings down the Maumee. men, steadily moved north toward the junc- houses as far as the remains of old French Wayne kept watch for Indian raiders, but tion of the three rivers. At Fort Recovery he Fort Miami which still stood on the east side the only people to arrive on that first morn- prepared to launch his final push to what is of the St. Joseph. ing were four deserters from the British Fort now Fort Wayne the next day. That night This was the village of Le Gris, the old Miami on the lower Maumee. Miami War Chief Little Turtle led a confed- Miami Chief, and was usually considered the The good feeling that Anthony Wayne had eracy of Indian nations—Miami, Shawnee, largest concentration of hostile Indians in in so easily taking control of the Miamitown Delaware, Ottawa, Wyandot, Pota- the Northwest Territory. The chiefs of the area didn’t last long. watomi,and Kickapoo—into the area. What Wabash and Lake Erie villages would tell Wayne sent a message to the War Depart- followed was the most complete defeat of American negotiators that they would have ment complaining of the ‘‘powerful obsta- any sizable unit in the history of American to go to see Le Gris if they wanted any an- cles’’ to his completing his mission—the arms. Little Turtle achieved what no one has swers as to the intentions of the Miami Con- need for supplies and expirations of terms of done before or since. The surprise was so federacy. service. ‘‘In the course of six weeks from this complete that a retreat was ordered. The re- Le Gris, at the moment of Wayne’s exam- day, the First and Second Sublegions will treat turned into a rout. 632 soldiers died ination of Kekionga, was some 40 miles to not form more than two companies each, and that day. 1,000 died during the campaign. It the north in the lake country where he had between this and the middle of May, the was time for Anthony Wayne. John taken his entire village population. He re- whole Legion will be merely annihilated so Ankenbruck here lays out the importance of mained, as he had for half a century, the im- that all we now possess in the Western Coun- selecting Anthony Wayne as commander. placable enemy of intruders into the land of try must inevitably be abandoned unless Anthony Wayne then decided to make cer- the Miamis. some effectual and immediate measures are tain this did not happen again. Ankenbruck Wayne then crossed to the west side of the adopted by Congress to raise troops to garri- describes the building of Fort Wayne. St. Joseph where another village stood son them.’’ empty and quiet. This was the village of Wayne had originally hoped to build a ANTHONY WAYNE BUILDS FORT WAYNE Pacan, the uncle of the Miami Warchief Lit- major fortification at Miamitown. But ‘‘The President of the United States by the tle Turtle. It was here that most of the trad- again, several circumstances were working advice and consent of the Senate has ap- ers’ houses were located—some fairly large against his plans. pointed you Major General and of course and well-fitted, considering the remoteness, ‘‘I shall begin a fort at this place as soon commanding officer of the troops in the serv- and others just one-room huts of rough logs as the equinoctial storm is over which at the ice of the United States.’’ with bark and hide roofs. moment is very severe, attended with a del- Maj Anthony Wayne received the notice Wayne decided against either of the village uge of rain—a circumstance that renders the April 12, 1792, in a letter from Secretary of locations for his encampment and fort. He situation of the soldiery very distressing, War Henry Knox. It may have been the most ordered the legion to build temporary pro- being upon short allowance, thinly clad and important single act leading to the defeat of tection on the high ground just southwest of exposed to the inclemency of the weather. the Indians of the Old Northwest and even- the confluence of the rivers. The position ‘‘I shall at all events by under the neces- tual construction of a permanent fortifica- commanded a good view of the Maumee sity of contracting the fortification consid- tion at the headwaters of the Maumee. River. erably from the dimensions contemplated in Wayne was not Washington’s first choice One of Wayne’s officers, Capt. John Cooke your instructions to me of the 25th of May, for the job. Though the President had a high of Pennsylvania, said the army marched 13 1792, both for the want of time as well as for regard for Wayne’s Revolutionary War or 14 miles on that day before reaching the want to force to garrison it.’’ record and his military astuteness; he Miami villages. ‘‘We halted more than two This division among the various Indian thought differently about Wayne’s more per- hours near the ground where a part of tribes was to become a permanent condition. sonal qualities. It seems that Washington Harmar’s army was defeated and directly op- They would never again unite as they had considered Wayne’s ego insufferable and was posite the point by the St. Joseph and St. done in the Miami Confederacy under Chief annoyed with some of his habits—which in- Mary’s Rivers, until the ground was recon- Little Turtle. Because of this, Wayne was cluded frequent night-long drinking parties noitered. It was late when the army crossed able to take complete control of the Old and some marital infidelities. and encamped; our tents were not all pitched Northwest for the United States. That in But Washington’s several favored can- before dark.’’ turn eventually led to the expansion west- didates for the job were from Virginia. This The soldiers of Wayne’s army continued to ward to the Pacific Coast. made them politically unacceptable because flow in from the east. The first night and As the Indian groups began to break up, there was already criticism due to the large morning of the American presence at the site some returned to their villages, others mi- number of high public officials from that of Fort Wayne was described by a Private grated to Canada. Some, particularly the Mi- state. Wayne’s being from Pennsylvania was, Bryant. ‘‘The road, or trace, was in very bad amis and Shawnees, went after the supply in this instance an asset. It should be noted condition, and we did not reach our point of trains of Wayne’s army, and any stragglers that Wayne was not only being named to destination until late in the evening. Being they could find. head the campaign against the Indians, but very tired, and having no duty to perform, I Erection of the first American fort at the was also commander of the entire army of turned in as soon as possible, and slept three rivers was begun Sept. 24, 1794—seven the United States, such as it was. soundly until the familiar tap of reveille days after the arrival of General Anthony In the notice of appointment, Knox also called us up, just as the bright sun, the first Wayne. told Wayne, ‘‘I enclosed you the Act of Con- time for weeks, was breaking over the hori- Many in the army of 3,500 men had been gress relative to the military establish- zon. toiling for several days in the mud, cutting ment.’’ That act was the result of fear which ‘‘After rubbing my eyes and regaining my timbers of oak and walnut for the walls of swept eastward from the frontier lands to faculties sufficiently to realize my where- the stockade. ‘‘This day the work com- the capital cities. abouts, I think I never saw a more beautiful menced on the garrison, which I am appre- At sundown on Sept. 17, 1794, Anthony spot and glorious sunrise. hensive will take some time to complete,’’ Wayne and his army of 3,500 men arrived at ‘‘I was standing on that high point of land reported Wayne at the time. the source of the Maumee River—the future overlooking the valley on the opposite shore But there were some semblances of normal site of Fort Wayne. of the Maumee, where the St. Mary’s, the life during those first few days of the Ameri- They came along the north bank, dragging sheen of whose waters were seen at intervals cans at the confluence of the three rivers. wagons along the newly-cut road through the through the autumn-tinted trees, and the Several of the men built a fish dam across wilderness. Scouting parties ranged the en- limpid St. Joseph quietly wending its way part of the Maumee—presumably to supple- tire area, moving back and forth between the from the north, united themselves in one ment the meager food supplies. marching troops and obscure points in the common stream that calmly flowed be- The fourth day after arrival was Sunday, forest. There was the sound of horses and the neath.’’ Sept. 21, 1794. ‘‘We attended divine service,’’ curses of men as increasing numbers made The private’s tranquility didn’t last long. wrote Cooke. ‘‘The sermon was delivered by their laborious way into the clearing. The general soon ordered breast works to be Rev. David Jones, chaplain. Mr. Jones chose Otherwise, there was a deathly quiet about thrown up around the compound to ward off for his text, Romans 8:31: ‘But what shall we the place—for a hundred years known as any possible attacks by the Indians. These then say to these things? If God is for us, Miamitown. Numerous Indian dwellings were made of earth and required forced who can be against us?’’ This was the first stood just north of the Maumee. on either digging on the part of most of the men. Oth- time the army had been called together for

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.148 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12071 the purpose of attending divine service since the field for so great a length of time. But it made his mark in the art world, and much of I joined it.’’ would not do to retain them any longer, al- their early story is linked with Fort Wayne. Wayne continued to hold his troops under though our present situation as well as the The artist’s grandfather, John Whistler, an iron rein, but that didn’t prevent carping term for which they were enrolled would was the builder of the last military strong- on the part of many. Lt. William Clark re- have justified their being continued in serv- hold at Fort Wayne. This stockade, usually ported ‘‘The ground cleared for the garrison ice until November 14.’’ called ‘‘Whistler’s Fort’’ was started in 1815 just below the confluence of the St. Joseph Wayne did not like volunteer armies. ‘‘The and completed the following year. Major and St. Mary’s. The situation is tolerably enclosed estimate,’’ he said, ‘‘will dem- John Whistler was commandant here at that elevated and has a ready command of the onstrate the mistaken policy and bad econ- time, having assumed the post in 1814. two rivers. I think it much to be lamented omy of substituting mounted volunteers in Like many of the army officers of the era, that the commander-in-chief is determined place of regular troops. Unless effectual Major Whistler was a veteran of the Revolu- to make this fort a regular fortification, as measures are immediately adopted by both tionary War—only with one essential dif- a common picketed one would be equally as Houses of Congress for raising troops to gar- ference. He fought on the British side. difficult against the savages.’’ rison the western posts, we have fought, bled A native of Ulster, Northern Ireland, he This is the same Clark who a few years and conquered in vain.’’ first came over with the army of Burgoyne later would be part of the Lewis and Clark Wayne, from his headquarters at which invaded the U.S. from Canada and was expedition to the Pacific. He was the young- Miamitown, warned that without added sol- defeated by forces under Benedict Arnold. er brother of George Rogers Clark, the Vir- diers and extended service of his legion the Later, Whistler returned to the U.S. and ginian who specialized in brutal sweeps vast wilderness would ‘‘again become a range joined the American army. He was an adju- across the Ohio at Indian villages Wayne had for the hostile Indians of the West’’ and ‘‘a tant under General Arthur St. Clair when put an end to most of that sort of plun- fierce and savage enemy’’ would sweep down that expeditionary force met disaster at the dering. on pioneers as far as the Ohio River and be- hands of Indians under Little Turtle in 1791. The shadows of fear, death and reckless- yond. Whistler was severely wounded in that bat- ness growing out of despair stalked Amer- Fort Wayne was dedicated on Oct. 22, 1794. tle. Actually, Whistler had a hand in building ican soldiers during the building of the fort The days leading up to the event were hard all three forts at the three rivers, plus Fort at Miamitown. and busy, but both men and whisky held out. Col. John Hamtramck said to a friend at The weather, which had been peculiarly bad Dearborn at the present site of Chicago. As a lieutenant, he came with Wayne to construct the time, ‘‘The old man really is mad,’’ refer- for October in the vicinity, finally mod- the first fort in 1794. Whistler, later when a ring to the commander, Anthony Wayne. erated. Wayne was sitting on a powder keg of prob- Earlier, on Oct. 4, General Anthony Wayne captain, was a special officer at Fort Wayne lems, but he was in control. He was not mad. had reported ‘‘This morning we had the hard- for the building of the Second stockade. That Deep in the wilderness with an army too re- est frost I ever saw. There was ice in our was in 1800 during the commandancy of Colo- nel Thomas Hunt. mote for help of any sort, sometimes at star- camp kettles three-fourths of an inch thick.’’ It was in that same year that John Whis- vation levels, surrounded by hostile war- But things were better later in the month. Finally, on Oct. 21, Wayne ordered a halt tler and his wife, Ann, had a baby boy whom riors, and with some of his own officers try- they named George Washington Whistler. ing to do him in, the general became harsh to work on the nearly-completed stockade and surrounding buildings. He placed Col. This boy, the father of the artist, later grad- and moody. uated from West Point and became one of Wayne pressed harder for rapid completion John Hamtramck in charge of the companies the major railroad building engineers of the of the fort. Every man in the regular army which were to garrison the fort, making him age in the U.S., and eventually headed rail- was pressed into construction work when in effect, commander. On the following morning, there was more road construction in Czarist Russia, dying in ‘‘not actually on guard or other duty.’’ The St. Petersburg in 1849. His son, the painter, Kentucky militiamen were given the job of than the usual stir about the place. ‘‘Colonel Hamtramck marched the troops to the garri- also attended West Point before going to getting the supplies through. Paris and a life in the art world of the 19th But the difficulties still multiplied. It be- son at 7 a.m.,’’ reported captain John Cooke. ‘‘After a discharge of 15 guns, he named the Century. came common knowledge among the men Major Whistler’s final assignment at Fort fort by a garrison order, ‘Fort Wayne.’ He that Le Gris, the old Miami chief, had moved Wayne followed service at Detroit, Fort then marched his command into it.’’ back into the vicinity. Le Gris and his hun- Dearborn and several Ohio posts. He and his gry warriors watched every move in and out Others present reported that the ‘‘15 guns’’ were rounds of cannon fire which echoed wife, two daughters and son came up the St. of the fort, looking for any chance or weak- Mary’s River in 1814 to take up residence in across the three rivers. Though Hamtramck ness. the stockade. During the following year, con- is usually credited with naming the fort, he Wayne was not worried about Le Gris at- struction was started on a new military post actually was simply reading orders, handed tacking the fort. The general knew from his of rather imposing appearance. The plans for to him by Anthony Wayne. The name of the spies that Little Turtle and most of the the fort are still in existence. It measured stockade was previously determined during other chiefs and warriors were still in the close to two football fields side by side, being correspondence between Wayne and the War Lake Erie area. about 100 yards square, and parts of the tim- Department. But fear gradually took hold of the militia- ber structure were more than 40 feet high. After the reading of the speech and the men whose duty it was to convoy supply The approximate location was in the vicinity running up of the Stars and Stripes, there trains through the wilderness. On every trip, of the intersection of Main and Clay Sts. several of their number would likely dis- was a volley of three cheers from the assem- appear. The multilated bodies of others bled troops. General Wayne had stood at a The Battle of Fallen Timbers, in which found along the trails were in each militia- reviewing place near the flag pole during General Anthony Wayne routed a confed- man’s nightmares. most of the parade and ceremony. By 8 a.m. eracy of Indian nations near Toledo, Ohio Lieutenant Boyer reported ‘‘the volunteers the deed was done. and then marched back down the Maumee to appeared to be uneasy and have refused to do It was four years to the day since that ear- secure the critical portage at the three riv- duty. They are ordered by the commander- lier morning when the Miami Indians under ers at Kekionga by building Fort Wayne, has in-chief to march tomorrow for Greeneville Little Turtle and Le Gris cut down the been called one of the three pivotal battles to assist the packhorses, which I am told troops of General Josiah Harmar as they at- in American history. Yorktown cinched inde- they are determiend not to do.’’ tempted to cross the Maumee. The place of pendence for the United States, Fallen Tim- On the next morning the volunteers re- that past disaster to the U.S. Army was in bers secured western expansion, and Gettys- fused to move out. They were threatened clear view of the new fort on the slight hill burg was the decisive battle that keep us with punishment and loss of all their pay. just southwest of the confluence of the three united. They finally were coerced into one more con- rivers. The Battle of Tippecanoe in which General voy trip. Following the dedication of Fort Wayne, William Henry Harrison defeated Indians as- Wayne came to the conclusion at this time the general almost immediately began to sociated with the Prophet was not as deci- that it would be better to send the entire prepare for his own departure and the ex- sive (battles continued on through the War 1,500-man militia back home. He could not tending of the military hold on the North- of 1812) but was important symbolically. In afford an insurrection at his remote post. west Territory. fact, it not only led to a series of treaties in Thought he needed guards for supply trains, Indian including two at Fort Wayne in which the additional forces were a supply problem This was not the only fort. The third fort, Indian nations forcibly ceded lands, but ulti- in themselves, and a danger to the mission. the most sturdy and what was reconstructed mately led to the slogan ‘‘Tippecanoe and He wrote to Secretary of War Henry Knox in Fort Wayne, was Whistler’s fort. Here is Tyler’’ too that elected Harrison President on October 17. ‘‘The mounted volunteers of Ankenbruck’s description of that fort. of the United States. Kentucky marched from this place on the MAJOR JOHN WHISTLER AND THE THIRD U.S. In Volume I of The Hoosier State: Read- morning of the 14th for Fort Washington, FORT AT FORT WAYNE ings in Indiana History by Ralph Gray there where they are to be mustered and dis- ‘‘Whistler’s Mother’’ was not born in Fort are many excellent articles on Indiana his- charged. The conduct of both officers and Wayne; but his father was. tory. What follows are two accounts of the men of this corps in general has been better The painter’s family were people of accom- Battle of Tippecanoe and one short article on than any militia, I have heretofore seen in plishment long before James A. M. Whistler Harrison, Tecumseh and the War of 1812.

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TECUMSEH, HARRISON, AND THE WAR OF 1812 The conflict between whites and Indians to the Congress of the United States in 1783 (By Marshall Smelser) was not simple. The Indians were neither de- and in 1793. If we follow James Truslow From ‘‘Tecumseh, Harrison, and the War of mons nor sculptured noble savages. They Adams’ rule of thumb that an Indian family 1812,’’ Indiana Magazine of History, LXV were not the single people Tecumseh claimed needed as many square miles of wilderness as but were broken into fragments by language a white family needed plowed acres, one may (March 1969), 25, 28, 30–31, 33, 35, 37–39. Copy- differences. Technologically they were far- calculate that the seventy thousands Indians right  1969 by the Trustees of Indiana Uni- ther behind the Long Knives—as the Indians east of the Mississippi needed an area equal versity. Reprinted by permission. called the frontiersmen—than the Gauls who to all of the Old Northwest plus Kentucky, if The story is the drama of the struggle of died on Caesar’s swords were behind the Ro- they were to live the primitive life of their two of our most eminent predecessors, Wil- mans. But they had a way of life that worked fathers. Therefore, if the Indians were to live liam Henry Harrison of Grouseland, Vin- in its hard, cruel fashion. In the end, how- as undisturbed primitives, there would be no cennes, and Tecumseh of the Prophet’s town, ever, the Indian way of life was shattered by hunting grounds to spare. And if the rule of Tippecanoe. force; and the Indians lost their streams, unanimous land cessions prevailed, there It is not easy to learn about wilderness In- their corn and bean fields, their forests. would be no land sales so long as any tribal dians. The records of the Indians are those Comparatively few white residents of the leader objected. Some did object, notably kept by white men, who were not inclined to United States in 1801 had ever seen an In- two eminent Shawnee: Tecumseh, who be- give themselves the worst of it. Lacking au- dian. East of the Mississippi River there lieved in collective bargaining, and his thentic documents, historians have ne- were perhaps seventy thousand Indians, of brother, the Prophet, who also scorned the glected the Indians. The story of the Indian whom only ten thousand lived north of the Long Knives’ tools, his whisky, and his civ- can be told but it has a higher probability of Ohio River. They were bewildered pawns of ilization. Harrison dismissed the Prophet’s error than more conventional kinds of his- international politics, governed by the attack on land treaties as the result of Brit- tory. To tell the tale is like reporting the French to 1763, ruled in the name of George ish influence, but collective conveyance was weather without scientific instruments. The III of England to 1783, and never consulted an old idea before the Shawnee medicine reporter must be systematically, academi- about the change of sovereigns. As Governor man took it up. The result of the federal gov- cally skeptical. He must read between the Harrison himself said, they disliked the ernment’s policy of single tribe land treaties lines, looking for evidence of a copper-col- French least, because the French were con- was to degrade the village chiefs who made ored ghost in a deerskin shirt, flitting tent with a congenial joint occupation of the the treaties and to exalt the angry warrior through a green and bloody world where wilds while the white Americans and British chiefs, like Tecumseh, who denounced the tough people died from knives, arrows, war had a fierce sense of the difference between village chiefs, corrupted by whisky and other clubs, rifle bullets, and musket balls, and mine and thine. The governor admitted the gifts, for selling what was not theirs to sell. where the coming of spring was not nec- Indians had genuine grievances. It was not By the time he found his life work Tecum- essarily an omen of easier living, but could likely, for example, that a jury would con- seh was an impressive man, about five feet make a red or white mother tremble because vict a white man charged with murdering an nine inches tall, muscular and well propor- now the enemy could move concealed in the Indian. Indians were shot in the forest north tioned, with large but fine features in an forest. But the reporter must proceed cau- of Vincennes for no reason at all. Indians, oval face, light copper skin, excellent white tiously, letting the facts shape the story Harrison reported, punished Indians for teeth, and hazel eyes. His carriage was impe- without prejudice. crimes against Long Knives, but the fron- rial, his manner energetic, and his tempera- .. . [O]ur story is a sad and somber one. It tiersmen did not reciprocate. But the worst ment cheerful. His dress was less flashy than shows men at their bravest. It also shows curse visited on the Indians by the whites that of many of his fellow warriors. Except men at their worst. We are dealing with a was alcohol. Despite official gestures at pro- for a silver mounted tomahawk, quilled moc- classic situation in which two great lead- hibition, alcohol flowed unchecked in the In- casins, and, in war, a medal of George III and ers—each a commander of the warriors of his dian territory. Harrison said six hundred In- a plume of ostrich feathers, he dressed sim- people—move inexorably for a decade toward dian warriors on the Wabash received six ply in fringed buckskin. He knew enough a confrontation which ends in the destruc- thousand gallons of whiskey a year. That English for ordinary conversation, but to as- tion of the one and the exaltation of the would seem to work out to fifth of whisky sure accuracy he was careful to speak only other. Tecumseh, a natural nobleman in a per week per family, and it did not come in Shawnee in diplomacy. Unlike many Indians hopeless cause, and Harrison, a better soldier a steady stream, but in alternating floods he could count, at least as far as eighteen (as than he is generally credited with being, and ebbs. we know by his setting an appointment with make this an Indian story, although the last Naturally Indian resentment flared. Indian Harrison eighteen days after opening the two acts of their tragedy were staged in Ohio rage was usually ferocious but temporary. subject of a meeting). Military men later and in Upper Canada. To understand why Few took a long view. Among those who did said he had a good eye for military topog- this deadly climax was inevitable we must were some great natural leaders, Massasoit’s raphy and could extemporize crude tactical know the Indian policy of the United States disillusioned son King Philip in the 1670s, maps with the point of his knife. He is well at that time; we must know, if we can, what Pontiac in the 1760s, and Tecumseh. But such remembered for his humanity to prisoners, the Indians thought of it; and we must know leaders invariably found it hard to unite the being one of the few Indians of his day who something about the condition of the Indi- Indians for more than a short time; regard- disapproved of torturing and killing pris- ans. less of motive or ability, their cause was oners of war. This point is better docu- The federal government’s Indian policy hopeless. The Indians were a Stone Age peo- mented than many other aspects of his char- was almost wholly dedicated to the economic ple who depended for good weapons almost acter and career. and military benefit of white people. When entirely on the Long Knives or the Redcoats. The Prophet rather than Tecumseh first Congress created Indiana Territory, the The rivalry of Britian and the United States captured the popular imagination. As late as United States was officially committed to made these dependent people even more de- 1810 Tecumseh was being referred to in offi- educate and civilize the Indians. The pro- pendent. Long Knives supplied whisky, salt, cial correspondence merely as the Prophet’s gram worked fairly well in the South for a and tools. Redcoats supplied rum, beef, and brother. The Shawnee Prophet’s preaching time. Indiana Territory’s Governor Harrison muskets. The Indians could not defeat Iron had touches of moral grandeur: respect for gave it an honest trial in the North, but the Age men because these things became neces- the aged, sharing of material goods with the problems were greater than could be solved sities to them, and they could not make needy, monogamy, chastity, and abstinence with the feeble means used. The manage- them for themselves. But yielding gracefully from alcohol. He urged a return to the old ment of Indian affairs was unintelligently to the impact of white men’s presence and Indian ways and preached self-segregation complicated by overlapping authorities, a technology was no help to the Indians. The from the white people. But he had an evil confused chain of command, and a stingy friendly Choctaw of present Mississippi, way with dissenters, denouncing them as treasury—stingy, that is, when compared more numerous than all of the northwestern witches and having several of them roasted with the treasury of the more lavish British tribes together, were peaceful and coopera- alive. . . . competitors for Indian favor. More to the tive. Their fate was nevertheless the same as One of the skeptics unconverted by the point, most white Americans thought the In- the fate of the followers of King Philip, Pon- Prophet and unimpressed by the divinity of dians should be moved to the unsettled lands tiac, and Tecumseh. his mission was Indiana Territory’s first gov- in the West. President Jefferson, for awhile, The Indians had one asset—land. Their ernor, William Henry Harrison, a retired reg- advocated teaching agriculture to the Indi- land, they thought, belonged to the family ular officer, the son of a signer of the Dec- ans, and he continued the operation of fed- group so far as it was owned at all. No Indian laration of Independence, appointed governor eral trading posts in the Indian country had a more sophisticated idea of land title at the age of twenty-eight. Prudent, popular which had been set up to lessen the malevo- than that. And as for selling land, the whites with Indians and whites, industrious, and in- lent influence of private traders. These posts had first to teach them that they owned it telligent, he had no easy job. He had to con- were successful by the standards of cost ac- and then to teach them to sell it. Even then, tend with land hunger, Indian resentments, counting, but they did nothing to advance some Indians very early developed the notion the excesses of Indian traders, and with his the civilization of the Indian. Few white peo- that land could only be transferred by the constant suspicion of a British web of con- ple wished the Indians well, and fewer would unanimous consent of all tribes concerned spiracy spun from Fort Malden. The growing curb their appetites for fur and land just to rather than through negotiations with a sin- popularity of the Prophet alarmed Harrison, benefit Indians. gle tribe. Indian councils declared this policy and early in 1806 he sent a speech by special

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.154 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12073 messenger to the Delaware tribe to try to re- would need that area for hunting. Tecumseh fight. The battle lasted until mid morning, fute the Prophet’s theology by Aristotelian said he was going south to enroll new allies. when the Indians ran out of arrows and bul- formal logic. Harrison was not alone in his It is important to our story that Tecumseh lets and fled. A detachment of Harrison’s apprehensions. In Ohio the throngs of Indian was absent from Indiana in that autumn of troops then burned the deserted village and pilgrims grew larger after the Prophet dur- crisis. Aside from this we need note only the winter corn reserve of the Shawnee. Two ing the summer of 1806 correctly predicted that on his southern tour he failed to rouse days later the troops withdrew. The depth of an eclipse of the sun (forecast, of course, in the Choctaw, although he had a powerful ef- the cleavage between Indians and whites is every almanac) and took credit for it. A year fect on the thousands of Creek who heard his shown by the fact that the Potowatomi Chief later, when reports indicated the number of eloquence. Winnemac, Harrison’s leading Indian adviser, the Prophet’s followers was increasing, the At this point it is important to note Gov- came up the river with the troops but fought governor of Ohio alerted the militia and sent ernor Harrison’s continuing suspicion that on the side of his bronze brethren. Harrison commissioners to investigate. They heard Tecumseh and the Prophet were British had 50 Kentucky volunteers, 250 United Blue Jacket deny any British influence on agents, or at least were being stirred to hos- States infantry, and several hundred Indiana the Indians. At another meeting later at tility by the British. British official cor- militia, who had been trained personally by Chillicothe, Tecumseh denounced all land respondence shows that Fort Malden was a him. Reports of losses vary. Indians admit- treaties but promised peace. The governor of free cafeteria for hungry Indians, having ted to losing 25 dead, but soldiers counted 38 Ohio was temporarily satisfied, although served them seventy-one thousand meals in dead Indians on the field. This was the first Harrison still thought the Prophet spoke the first eleven months of 1810. The cor- time in northwestern warfare that a force of like a British agent and told the Shawnee respondence also shows that Tecumseh, in whites of a size equal to the redmen had suf- what he thought. But in the fall of 1807 there 1810, told the British he planned for war in fered only a number of casualties equal to was no witness, however hostile, who could late 1811, but indicates that the British ap- those of their dusky enemies. Heretofore prove that either Tecumseh or the Prophet parently promised him nothing. whites in such circumstances had lost more The year 1811 was a hard one for the Indi- preached war. On the contrary, every re- than the redmen had lost. Estimates of Indi- ans because the Napoleonic wars had sharply ported sermon and oration apparently prom- ans in the fighting range from 100 to 1,000. reduced the European market for furs. The ised peace. An ominous portent, however—at Six hundred would probably be a fair esti- Indians were in a state that we would call a least in Harrison’s eyes—was the founding of mate. depression. And we should remember that the Prophet’s town on the Tippecanoe River, As battles go, Tippecanoe cannot be com- while Tecumseh helped the British in the in May, 1808. pared with Fallen Timbers in 1794 or War of 1812 it was not because he loved them. The Prophet visited Harrison at Vincennes Moraviantown in 1813, but it was politically To him the British side was merely the side late in the summer of 1808 to explain his di- and diplomatically decisive. Its most impor- to take against the Long Knives. vine mission to the incredulous young gov- tant effect was to divide the tribes in such a ernor. Privately, and grudgingly, Harrison In June and July of 1811 Governors William way as to make Tecumseh’s dream fade like admitted the Prophet had reduced drunken- Hull of Michigan Territory and Harrison of fog in the sun. ness, but he persisted in his belief that the Indiana Territory sent to the secretary of Shawnee leader was a British agitator. The war evaluations of the frontier problems. AN EYEWITNESS ACCOUNT OF TIPPECANOE Prophet went to Vincennes again in 1809 and Hull’s was narrowly tactical, pessimistic, boasted of having prevented an Indian war. and prophetic of the easy conquest of Michi- (By Judge Isaac Naylor) Harrison did not believe him. There is good gan if the British navy controlled Lake Erie. I became a volunteer of a company of rifle- evidence that in June, 1810, Tecumseh tried Harrison’s, although in fewer words, was men and, on September 12, 1811, we com- unsuccessfully to persuade the Shawnee of broadly strategic and more constructive: the menced our march towards Vincennes, and the Maumee Basin to move west in order to mere fact of an Indian confederation, friend- arrived there in about six days, marching clear the woods for war. When Harrison ly to the British and hostile to the Long one hundred and twenty miles. We remained learned this he sent a message to the Proph- Knives, was dangerous; the Prophet’s town there about one week and took up the line of et’s town. The ‘‘Seventeen Fires,’’ he said, (hereafter called Tippecanoe) was ideally lo- march to a point on the Wabash river, where were invincible. The Redcoats could not help cated as a base for a surprise downstream at- we erected a stockade fort, which we named the Indians. But if the Indians thought the tack on Vincennes, was well placed as a Fort Harrison. This was two miles above New Purchase Treaty made at Fort Wayne in headquarters for more protracted warfare, where the city of Terre Haute now stands. 1809 was fraudulent, Harrison would arrange and was linked by water and short portages Col. Joseph H. Daviess, who commanded the to pay their way to visit the President, who with all the northwestern Indians; the little dragoons, named the fort. The glorious de- would hear their complaint. Tecumseh pri- known country north of Tippecanoe, full of fense of this fort nine months after by Capt. vately said he wished peace but could be swamps and thickets, could easily be de- Zachary Taylor was the first step in his bril- pushed no farther. These rumblings and fended by natives, but the power of the liant career that afterward made him Presi- tremors of 1810 produced the first meeting of United States could be brought to bear only dent of the United States. A few days later our two tragic protagonists. with the greatest difficulty. Early in August, we took up our line of march for the seat of Tecumseh paddled to Vincennes with four 1811, Harrison told the War Department he the Indian warfare, where we arrived on the hundred armed warriors in mid August, 1810. did not expect hostilities before Tecumseh evening of November 6, 1811. In council he denounced the New Purchase returned from the South, and that in the When the army arrived in view of Proph- Treaty and the village chiefs who had agreed meantime he intended to try to break up Te- et’s Town, an Indian was seen coming toward to it. He said the warrior chiefs would rule cumseh’s confederacy, without bloodshed if General Harrison, with a white flag sus- Indian affairs thereafter. Harrison flatly de- possible. On their side, the Indians told the pended on a pole. Here the army halted, and nied Tecumseh’s theory of collective owner- British they expected some deceitful trick a parley was had between General Harrison ship and guaranteed to defend by the sword leading to their massacre. and an Indian delegation who assured the what had been acquired by treaty. This The military details of the Battle of Tippe- General that they desired peace and sol- meeting of leaders was certainly not a meet- canoe need not be exhausted here. Harrison’s emnly promised to meet him the next day in ing of minds. A deadlock had been reached. A forces moved up the Wabash and arrived at council to settle the terms of peace and cold war had been started. During the rest of Tippecanoe on November 6, 1811. When Har- friendship between them and the United 1810 Harrison received nothing but bad news. rison was preparing to attack, he was met by States. The secretary of war suggested a surprise emissaries from the Prophet. Both sides Having seen a number of squaws and chil- capture of the Shawnee brothers. Indians agreed to a council on the next day. The dren at the town, I thought the Indians were friendly to the United States predicted war. troops encamped with correctly organized in- not disposed to fight. About ten o’clock at The governor of Missouri reported to Har- terior and exterior guards. Here the story di- night, Joseph Warnock and myself retired to rison that the Prophet had invited the tribes verges into two versions. White writers have rest. west of the Mississippi to join in a war, said the Indians intended to confer, to pre- I awoke about four o’clock the next morn- which was to begin with an attack against tend falsely to agree to anything, to assas- ing, after a sound and refreshing sleep. In a Vincennes. The Indians around Fort Dear- sinate Harrison, and to massacre the little few moments I heard the crack of a rifle in born were disaffected and restless. A delega- army. They allege the Prophet had promised the direction of the point where now stands tion of Sauk came all the way from Wis- to make the Indians bullet proof. A Kickapoo the Battle Ground House. I had just time to consin to visit Fort Malden. Two surveyors chief later said to British officers that a think that some sentinel was alarmed and running the New Purchase line were carried white prisoner the Indians had captured told fired his rifle without a real cause, when I off by the Wea. them Harrison intended to fight, not to talk. heard the crack of another rifle, followed by In the summer of 1811 Tecumseh and about At any rate, the shooting started at about an awful Indian yell all around the encamp- three hundred Indians returned to Vincennes four in the morning, an unfortunate moment ment. In less than a minute I saw the Indians for another inconclusive council in which for the Indians because that was the hour of charging our line most furiously and shoot- neither he nor the governor converted the ‘‘stand to’’ or ‘‘general quarters’’ in the ing a great many rifle balls into our camp other. Tecumseh condescendingly advised white army. Curious Indians in the brush fires, throwing the live coals into the air against white settlement in the New Pur- were fired on by sentries. The Indians then three or four feet high. chase because many Indians were going to killed the sentries. It was then, and only At this moment my friend Warnock was settle at the Prophet’s town in the fall and then, the Indians said, that they decided to shot by a rifle ball through his body. He ran

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.156 pfrm02 PsN: H16PT1 H12074 CONGRESSIONAL RECORD — HOUSE November 16, 1999 a few yards and fell dead on the ground. Our many Indian graves recently made near their south with a number of Indians whom he had lines were broken and a few Indians were town. Ours was a bloody victory, theirs a enlisted in his cause, called a council of his found on the inside of the encampment. In a bloody defeat. officers, who advised him to remain on the few moments they were all killed. Our lines Soon after breakfast an Indian chief was battlefield and fortify his camp by a breast- closed up and our men in their proper places. discovered on the prairie, about eighty yards work of logs, about four feet high. This work One Indian was killed in the back part of from our front line, wrapped in a piece of was completed during the day and all the Captain Geiger’s tent, while he was attempt- white cloth. He was found by a soldier by the troops were placed immediately behind each ing to tomahawk the Captain. name of Miller, a resident of Jeffersonville, line of the work when they were ordered to The sentinels, closely pursued by the Indi- Indiana. The Indian was wounded in one leg, pass the watchword from right to left every ans, came to the line of the encampment in the ball having penetrated his knee and five minutes, so that no man was permitted haste and confusion. My brother, William passed down his leg, breaking the bone as it to sleep during the night. The watchword on Naylor, was on guard. He was pursued so rap- passed. Miller put his foot against him and the night before the battle was ‘‘Wide awake, idly and furiously that he ran to the nearest he raised up his head and said: ‘‘Don’t kill wide awake.’’ To me it was a long, cold, point on the left flank, where he remained me, don’t kill me.’’ At the same time, five or cheerless night. with a company of regular soldiers until the six regular soldiers tried to shoot him, but On the next day the dragoons went to battle was near its termination. A young their muskets snapped and missed fire. Maj. Prophet’s Town, which they found deserted man, whose name was Daniel Pettit, was Davis Floyd came riding toward him with by all the Indians, except an old squaw, pursued so closely and furiously by an Indian dragoon sword and pistols and said he would whom they brought into camp and left her as he was running from the guard line to our show them how to kill Indians, when a mes- with the wounded chief before mentioned. lines, that to save his life he cocked his rifle senger came from General Harrison com- The dragoons set fire to the town and it was as he ran and turning suddenly around, manding that he should be taken prisoner. all consumed, casting up a brilliant light placed the muzzle of his gun against the He was taken into camp, where the surgeons amid the darkness of the ensuing night. I ar- body of the Indian and shot an ounce ball dressed his wounds. Here he refused to speak rived at the town when it was about half on through him. The Indian fired his gun at the a word of English or tell a word of truth. fire. I found large quantities of corn, beans same instant, but it being longer than Through the medium of an interpreter he and peas. I filled my knapsack with these ar- Pettit’s the muzzle passed by him and set said that he was coming to the camp to tell ticles and carried them to the camp and di- fire to a handkerchief which he had tied General Harrison that they were about to at- vided them with the members of our mess, around his head. The Indians made four or tack the camp. He refused to have his leg consisting of six men. Having these articles five most fierce charges on our lines, yelling amputated, though he was told that amputa- of food, we declined eating horse flesh, which tion was the only means of saving his life. and screaming as they advanced, shooting was eaten by a large portion of our men. balls and arrows into our ranks. At each One dogma of Indian superstition is that all good and brave Indians, when they die, go to charge they were driven back in confusion, CHIEF SHABONEE’S ACCOUNT OF TIPPECANOE carrying off their dead and wounded as they a delightful region, abounding with deer, and It was fully believed among the Indians retreated. other game, and to be a successful hunter he Colonel Owen, Shelby County, Kentucky, should have his limbs, his gun and his dog. that we should defeat General Harrison, and one of General Harrison’s aides, fell early in He therefore preferred death with all his that we should hold the line of the Wabash the action by the side of the General. He was limbs to life without them. In accordance and dictate terms to the whites. The great a member of the legislature at the time of with his request he was left to die, in com- cause of our failure, was the Miamies, whose his death. Colonel Daviess was mortally pany with an old squaw, who was found in principal country was south of the river, and wounded early in the battle, gallantly charg- the Indian town the next day after he was they wanted to treat with the whites so as to ing the Indians on foot with sword and pis- taken prisoner. They were left in one of our retain their land, and they played false to tols according to his own request. He made tents. At the time this Indian was taken their red brethren and yet lost all. They are this request three times before General Har- prisoner, another Indian, who was wounded now surrounded and will be crushed. The rison would permit it. This charge was made in the body, rose to his feet in the middle of whites will shortly have all their lands and by himself and eight dragoons on foot near the prairie and began to walk towards the they will be driven away. the angle formed by the left flank and front wood on the apposite side. A number of reg- In every talk to the Indians, General Har- line of the encampment. Colonel Daviess ular soldiers shot at him but missed him. A rison said: lived about thirty-six hours after he was man who was a member of the same com- ‘‘Lay down your arms. Bury the hatchet, wounded, manifesting his ruling passion in pany with me, Henry Huckleberry, ran a few already bloody with murdered victims, and life—ambition, and a patriotism and ardent steps into the prairie and shot an ounce ball promise to submit to your great chief at love of military glory. through his body and he fell dead near the Washington, and he will be a father to you, Captain Spencer’s company of mounted ri- margin of the woods. Some Kentucky volun- and forget all that is past. If we take your flemen composed the right flank of the teers went across the prairie immediately land, we will pay for it. But you must not army. Captain Spencer and both of his lieu- and scalped him, dividing his scalp into four think that you can stop the march of white tenants were killed. John Tipton was elected pieces, each one cutting a hole in each piece, men westward.’’ and commissioned captain of his company in putting the ramrod through the hole, and There was truth and justice in all that one hour after the battle, as reward for his placing his part of the scalp just behind the talk. The Indians with me would not listen cool and deliberate heroism displayed during first thimble of his gun, near its muzzle. to it. It was dictating to them. They wanted the action. He died at Logansport in 1839, Such was the fate of nearly all of the Indians to dictate to him. They had counted his sol- having been twice elected Senator of the found dead on the battle-ground, and such diers, and looked at them with contempt. United States from Indiana. was the disposition of their scalps. Our young men said: The clear, calm voice of General Harrison The death of Owen, and the fact that ‘‘We are ten to their one. If they stay upon was heard in words of heroism in every part Daviess was mortally wounded with the re- the other side, we will let them alone. If they of the encampment during the action. Colo- membrance also that a large portion of Ken- cross the Wabash, we will take their scalps nel Boyd behaved very bravely after repeat- tucky’s best blood had been shed by the Indi- or drive them into the river. They cannot ing these words: ‘‘Huzza! My sons of gold, a ans, must be their apology for this barbarous swim. Their powder will be wet. The fish will few more fires and victory will be ours!’’ conduct. Such conduct will be excused by all eat their bodies. The bones of the white men Just after daylight the Indians retreated who witnessed the treachery of the Indians will lie upon every sand bar. Their flesh will across the prairie toward their own town, and saw the bloody scenes of this battle. fatten buzzards. These white soldiers are not carrying off their wounded. This retreat was Tecumseh being absent at the time of the warriors. Their hands are soft. Their faces from the right flank of the encampment, battle, a chief called White Loon was the are white. One half of them are calico ped- commanded by Captains Spencer and Robb, chief commander of the Indians. He was seen dlers. The other half can only shoot squir- having retreated from the other portions of in the morning after the battle, riding a rels. They cannot stand before men. They the encampment a few minutes before. As large white horse in the woods across the will all run when we make a noise in the their retreat became visible, an almost deaf- prairie, where he was shot at by a volunteer night like wild cats fighting for their young. ening and universal shout was raised by our named Montgomery, who is now living in the We will fight for ours, and to keep the pale men. ‘‘Huzza! Huzza! Huzza!’’ This shout was southwest part of this State. At the crack of faces from our wigwams. What will they almost equal to that of the savages at the his rifle the horse jumped as if the ball had fight for? They won’t fight. They will run. commencement of the battle; ours was the hit him. The Indian rode off toward the town We will attack them in the night.’’ shout of victory, theirs was the shout of fero- and we saw him no more. During the battle Such were the opinions and arguments of cious but disappointed hope. The Prophet was safely located on a hill, be- our warriors. They did not appreciate the The morning light disclosed the fact that yond the reach of our balls, praying to the great strength of the white men. I knew the killed and wounded of our army, num- Great Spirit to give victory to the Indians, their great war chief, and some of his young bering between eight and nine hundred men, having previously assured them that the men. He was a good man, very soft in his amounted to one hundred and eight. Thirty- Great Spirit would change our powder into words to his red children, as he called us; and six Indians were found near our lines. Many ashes and sand. that made some of our men with hot heads of their dead were carried off during the bat- General Harrison, having learned that Te- mad. I listened to his soft words, but I tle. This fact was proved by the discovery of cumseh was expected to return from the looked into his eyes. They were full of fire.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.159 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12075 I knew that they would be among his men Perhaps your people do not know that the the men would run and hide in the grass like like coals of fire in the dry grass. The first battle of Tippecanoe was the work of white young quails. wind would raise a great flame. I feared for men who came from Canada and urged us to I never saw men fight with more courage the red men that might be sleeping in this make war. Two of them who wore red coats than these did after it began to grow light. way. I, too, counted his men. I was one of the were at the Prophet’s Town the day that The battle was lost to us by an accident, or scouts that watched all their march up the your army came. It was they who urged rather by two. river from Vincennes. I knew that we were Elskatawwa to fight. They dressed them- A hundred warriors had been picked out like these bushes—very many. They were selves like Indians, to show us how to fight. during the night for this desperate service, like these trees; here and there one. But I They did not know our mode. We wanted to and in the great council-house the Prophet knew too, when a great tree falls, it crushes attack at midnight. They wanted to wait till had instructed them how to crawl like many little ones. I saw some of the men daylight. The battle commenced before ei- snakes through the grass and strike the sen- shoot squirrels, as they rode along, and I ther party was ready, because one of your tinels; and if they failed in that, then they said, the Indians have no such guns. These sentinels discovered one of our warriors, who were to rush forward boldly and kill the men will kill us as far as they can see. ‘‘They had undertaken to creep into your camp and great war chief of the whites, and if they did cannot see in the night,’’ said our men who kill the great chief where he slept. The not do this the Great Spirit, he said, had told were determined to fight. So I held my Prophet said if that was done we should kill him that the battle would be hopelessly lost. tongue. I saw that all of our war chiefs were all the rest or they would run away. He This the Indians all believed. hot for battle with the white men. But they promised us a horseload of scalps, and a gun If the one that was first discovered and told General Harrison that they only wanted for every warrior, and many horses. The men shot had died like a brave, without a groan, peace. They wanted him to come up into that were to crawl upon their bellies into the sentinel would have thought that he was their country and show their people how camp were seen in the grass by a white man mistaken, and it would have been more fa- strong he was, and then they would all be who had eyes like an owl, and he fired and vorable than before for the Indians. The willing to make a treaty and smoke the hit his mark. The Indian was not brave. He alarm having been made, the others followed great pipe together. This was what he came cried out. He should have lain still and died. Elskatawwa’s orders, which were, in case of for. He did not intend to fight the Indians. Then the other men fired. The other Indians discovery, so as to prevent the secret move- They had deceived him. Yet he was wary. He were fools. They jumped up out of the grass ment, they should make a great yell as a sig- was a great war chief. Every night he picked and yelled. They believed what had been told nal for the general attack. All of the war- his camping ground and set his sentinels all them, that a white men would run at a noise riors had been instructed to creep up to the around, as though he expected we would at- made in the night. Then many Indians who camp through the tall grass during the tack him in the dark. We should have done had crept very close so as to be ready to take night, so close that when the great signal so before we did, if it had not been for this scalps when the white men ran, all yelled was given, the yell would be so loud and precaution. Some of our people taunted him like wolves, wild cats and screech owls; but frightful that the whole of the whites would for this, and pretended to be angry that he it did not make the white men run. run for the thick woods up the creek, and should distrust them, for they still talked of They jumped right up from their sleep with that side was left open for this purpose. their willingness to treat, as soon as they guns in their hands and sent a shower of bul- ‘‘You will, then,’’ said the Prophet, ‘‘have could get all the people. This is part of our lets at every spot where they heard a noise. possession of their camp and all its equipage, way of making war. So the white army They could not see us. We could see them, and you can shoot the men with their own marched further and further into our coun- for they had fires. Whether we were ready or guns from every tree. But above all else you try, unsuspicious, I think, of our treachery. not we had to fight now for the battle was must kill the great chief.’’ In one thing we were deceived. We expected begun. We were still sure that we should win. It was expected that this could be easily that the white warriors would come up on The Prophet had told us that we could not be done by those who were allotted to rush into the south bank of the river, and then we defeated. We did not rush in among your men camp in the confusion of the first attack. It could parley with them; but they crossed far because of the fires. Directly the men ran was a great mistake of the Prophet’s down the river and came on this side, right away from some of the fires, and a few fool- redcoated advisers, to defer this attack until up to the great Indian town that Elskatawwa ish Indians went into the light and were morning. It would have succeeded when the had gathered at the mouth of the Tippe- killed. One Delaware could not make his gun fires were brighter in the night. Then they canoe. In the meantime he had sent three go off. He ran up to a fire to fix the lock. I could not have been put out. chiefs down on the south side to meet the saw a white man whom I knew very well—he I was one of the spies that had dogged the army and stop it with a talk until he could was a great hunter who could shoot a tin cup steps of the army to give the Prophet infor- get the warriors ready. Tecumseh had told from another man’s head—put up his gun to mation every day. I saw all the arrangement the Indians not to fight, but when he was shoot the Delaware. I tried to shoot the of the camp. It was not made where the Indi- away, they took some scalps, and General white man but another who carried the flag ans wanted it. The place was very bad for the Harrison demanded that we should give up just then unrolled it so that I could not see attack. But it was not that which caused the our men as murder[er]s, to be punished. my aim. Then I heard the gun and saw the failure. It was because General Harrison Tecumseh had spent months in traveling Delaware fall. I thought he was dead. The changed horses. He had ridden a grey one all over the country around Lake Michigan, White man thought so, too, and ran to him every day on the march, and he could have making great talks to all the warriors, to with his knife. He wanted a Delaware scalp. been shot twenty times by scouts that were get them to join him in his great designs Just as he got to him the Delaware jumped hiding along the route. That was not what upon the pale faces. His enmity was the most up and ran away. He had only lost an ear. A was wanted, until the army got to a place bitter of any Indian I ever knew. He was not dozen bullets were fired at the white man where it could be all wiped out. That time one of our nation, he was a Shawnee. His fa- while he was at the fire, but he shook them had now come, and the hundred braves were ther was a great warrior. His mother came off like an old buffalo bull. to rush in and shoot the ‘‘Big chief on a from the country where there is no snow, Our people were more surprised than white horse,’’ and then fall back to a safer near the great water that is salt. His father yours. The fight had been begun too soon. place. was treacherously killed by a white man be- They were not all ready. The plan was to This order was fully obeyed, but we soon fore Tecumseh was born, and his mother creep up through the wet land where horses found to our terrible dismay that the ‘‘Big taught him, while he sucked, to hate all could not run, upon one side of the camp, and chief on a white horse’’ that was killed was white men, and when he grew big enough to on the other through a creek and steep bank not General Harrison. He had mounted a be ranked as a warrior she used to go with covered with bushes, so as to be ready to use dark horse. I know this, for I was so near him every year to his father’s grave and the tomahawk upon the sleeping men as soon that I saw him, and I knew him as well as I make him swear that he would never cease as their chief was killed. The Indians knew my own brother. to make war upon the Americans. To this thought white men who had marched all day I think that I could then have shot him, end he used all his power of strategy, skill would sleep. They found them awake. but I could not lift my gun. The Great Spirit and cunning, both with white men and red. The Prophet had sent word to General Har- held it down. I knew then that the great He had very much big talk. He was not at the rison that day that the Indians were all white chief was not to be killed, and I knew battle of Tippecanoe. If he had been there it peaceable, that they did not want to fight, that the red men were doomed. would not have been fought. It was too soon. that he might lie down and sleep, and they As soon as daylight came our warriors saw It frustrated all his plans. would treat with their white brothers in the that the Prophet’s grand plan had failed— Elskatawwa was Tecumseh’s older brother. morning and bury the hatchet. But the white that the great white chief was alive riding He was a great medicine. He talked much to men did not believe. fearlessly among his troops in spite of bul- the Indians and told them what had hap- In one minute from the time the first gun lets, and their hearts melted. pened. He told much truth, but some things was fired I saw a great war chief mount his After that the Indians fought to save that he had told did not come to pass. He was horse and begin to talk loud. The fires were themselves, not to crush the whites. It was a called ‘‘The Prophet.’’ Your people knew him put out and we could not tell where to shoot, terrible defeat. Our men all scattered and only by that name. He was very cunning, but except on one side of the camp, and from tried to get away. The white horsemen he was not so great a warrior as his brother, there the white soldiers ran, but we did not chased them and cut them down with long and he could not so well control the young succeed as the Prophet told us that we knives. We carried off a few wounded pris- warriors who were determined to fight. would, in scaring the whole army so that all oners in the first attack, but nearly all the

VerDate 29-OCT-99 06:25 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.161 pfrm02 PsN: H16PT1 H12076 CONGRESSIONAL RECORD — HOUSE November 16, 1999 dead lay unscalped, and some of them lay we would spend for the next 5 years. and passed legislation so negative in thus till the next year when another army That was widely hailed as the way in its consequences that once the rest of came to bury them. which we would get to a balanced budg- us were able to wrest control back Our women and children were in the town et. We also made serious cuts in Medi- from these invaders, we pretty much only a mile from the battlefield waiting for victory and its spoils. They wanted white care. The caps were going to balance got rid of it. prisoners. The Prophet had promised that the budget for us. The caps in Medicare Madam Speaker, there is obviously every squaw of any note should have one of were to pay for a capital gains tax cut. something lax about our security. the white warriors to use as her slave, or to Now it is 1999. With 1997 as the ref- There is something that has gone com- treat as she pleased. erence point, the wonderful, marvelous pletely wrong when legislation passed Oh how these women were disappointed! Balanced Budget Act, which was a in 1997 is celebrated by the people on Instead of slaves and spoils of the white men source of such pride to so many of my this floor, and 2 years later the rest of coming into town with the rising sun, their colleagues especially on the Repub- us have to undo it. town was in flames and women and children were hunted like wolves and killed by hun- lican side, lies in complete ruin. It is So I hope, Madam Speaker, over this dreds or driven into the river and swamps to time to say taps for the caps. The caps break we will try to find ways to pre- hide. of 1997 were to put limits on discre- vent any recurrence, because the situa- With the smoke of that town and the loss tionary spending. They have now be- tion in which people, and we do not of that battle I lost all hope of the red men come a severe embarrassment. They do know who they were, but in which being able to stop the whites. not even get talked about. The budget these masked men and women came in resolution paid some homage to them here and replaced the thoughtful Mem- Historic Conner Prairie farm in central In- and was promptly disregarded. bers of this House and inserted them- diana first purchased by William Conner in Madam Speaker, the appropriation August of 1802, in the early pioneer period of selves into the voting machines and Indiana and the Northwest territory. It is on we are about to pass, the omnibus bill passed irresponsible cuts in Medicare a broad prairie near the White River, north that we are about to pass, absolutely and passed caps that have become a of Indianapolis, just south of what is now repudiates those caps. Indeed, we do joke, we must not allow that to happen Noblesville. His trading post became a land- not even hear them talked about. The again. mark on the frontier of central Indiana and caps are gone. Many of us felt at the Madam Speaker, eternal vigilance is the chief market place for Indians in the re- time that the caps were totally and all that stands between us and a repeat gion. This historic farm was preserved by the completely unrealistic. We felt that of that 1997 debacle. Lilly family (of the Eli Lilly Corporation) they substantially undervalued govern- and is today operated by Earlham College. f Two United States Presidents were associ- ment. They did not give us the re- sources to do important functions that INTRODUCTION OF LEGISLATION ated with Indiana during this pioneer period. ADDRESSING NAZI ASSET CON- Abraham Lincoln moved to southern Indiana the public wanted done. But we were in 1816 and spent his boyhood as a Hoosier. told by our Republican colleagues that FISCATION William Henry Harrison was appointed gov- the caps were essential as methods of The SPEAKER pro tempore. Under a ernor of the Indiana Territory on May 13, fiscal discipline. previous order of the House, the gen- 1800 (after having fought with General An- In less than 2 years, I take it back, 2 tleman from Minnesota (Mr. RAMSTAD) thony Wayne at the Battle of fallen Timbers years later the caps are gone. They are is recognized for 5 minutes. and helping construct Fort Wayne). He dead and they die unmourned. They die moved to the territorial capitol of Vincennes Mr. RAMSTAD. Madam Speaker, on January 10, 1801. Harrison remained in In- unnoticed with regard to the 1997 Act. over 50 years ago Nazi Germany began diana until September 12, 1812. In 1804 he pur- 1999 is the year of Emily Litella: a systematic process of eliminating an chased land which is now Corydon, Indiana. ‘‘Never mind.’’ Never mind that we put entire race. Over 6 million men, He built a log home and lived there for these caps on. Never mind that we cut women, and children lost their lives in awhile. All the early settlers in the Corydon Medicare. This has been a year in this tragic chapter in human history area referred to him as ‘‘Bill.’’ When a new which we have been undoing it. simply because they were Jewish. county was carved out of Knox County, it That leads me to a problem, Madam b 1945 was thus logical that it would be called Har- Speaker. Certainly, it would be odd to rison County after the General. He sold to think that thoughtful, knowledgeable, Others were forced to work as slaves the commissioners one acre and four perches in German factories. Some were sub- of ground for a public square. That purchase well-informed Members of this House included the square upon which the Old Cap- in 1997 would have enacted public pol- jected to brutal experiments, and oth- itol—Indiana’s first capitol and where the icy which 2 years later they would be ers had their assets and belongings sto- first constitution was written—now stands. repudiating and hiding from. Certainly, len from them and given to those of f we could not expect thoughtful Mem- Aryan stock or used by the German bers of this Congress to be doing things government in its war effort. TAPS FOR THE CAPS and then 2 years later thoroughly repu- Amazingly, Madam Speaker, these The SPEAKER pro tempore. Under a diating the absolutely foreseeable con- criminal acts of confiscation have yet previous order of the House, the gen- sequences of their own actions. So to be settled. The United States Gov- tleman from Massachusetts (Mr. there is only one explanation. ernment is currently involved in nego- FRANK) is recognized for 5 minutes. Madam Speaker, 2 years ago this tiations between German companies Mr. FRANK of Massachusetts. House was infiltrated by impostors. and Nazi victims here in the United Madam Speaker, I am here so that a Two years ago, taking advantage of the States which could lead to compensa- very important death should not go undeveloped state of DNA evidence, tion for some of the victims. unmourned. Indeed, I must say that if people impersonating Members of this I believe the companies which prof- it were not for me, I think it would go House took over the place and foisted ited from their complicity with the not only unmourned but unnoticed. I on this country cuts in Medicare that Nazi regime and the Holocaust should am talking about the demise of the nobody today wants to defend and caps pay for their actions. It is absolutely caps. that were unrealistic. appalling, Madam Speaker, that to this Madam Speaker, in 1997, this House This calls, Madam Speaker, for seri- day, German banks and businesses passed, along with the other body and ous investigative work. Where is the have failed to admit their role in the it was signed by the President, a piece gentleman from Indiana and his crack grand larceny and conspiracy of the of legislation, and I have just gone investigative minions in the Com- Jewish race. Also, they have not re- back and read the debates, which mittee on Government Reform when turned the fruits of their crimes. It is touched off a vast orgy of self-con- we need them? This certainly seems to absolutely inexcusable that German gratulation. That bill did two things. me to be worthwhile shooting a couple banks and businesses continue to deny First, of all it imposed discretionary of pumpkins to find out how we got to their involvement and refuse to com- spending caps. It said that the amounts this situation where the United States pensate the victims. we were spending in 1997 on discre- House of Representatives was taken That is why today, Madam Speaker, I tionary programs of the Federal Gov- over by impostors, by people who pre- am introducing legislation to allow ernment would be the same amounts tended to be Members of this House victims of the Nazi regime to bring suit

VerDate 29-OCT-99 06:25 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.164 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12077 in U.S. Federal court against German in the debate over actor diversity in WAMP, TANNER, FORD, DUNCAN, and JENKINS), banks and businesses which assisted in the entertainment industry. He pas- the gentleman from New York (Mr. SERRANO), and profited from the Nazi sionately advocated for the accurate and the gentlewoman from Missouri (Ms. Aryanization effort. portrayal of the true American scene, MCCARTHY), an important measure designed My legislation would clarify that for color-blind casting and nontradi- to help preserve this irreplaceable aspect of U.S. courts have jurisdiction over these tional thinking where it was appro- America's cultural heritage. I hope all Mem- claims and would extend any statute of priate so that the diverse American au- bers will join us in support of this effort. limitations to the year 2010. dience would see itself reflected on the In 1988, Congress wisely enacted the Na- Now, there are people who say this screen in the stories that we tell. tional Film Preservation Act, which established occurred too long ago and that we As the Screen Actors Guild president, a program in the Library of Congress to sup- should leave these events in the past. he established the Guild’s first govern- port the work of actors, archivists and the mo- Madam Speaker, I strongly and fun- ment relations department. In its first tion-picture industry to preserve America's dis- damentally disagree. There must 2 years of operation, he was the prin- appearing film heritage. The bill we introduce never, never be a statute of limitations cipal voice and primary advocate in a today, the National Recording Preservation on Aryanization, as genocide and re- successful Federal and State legisla- Act, follows the trail blazed by the Library's lated crimes should always be pun- tive agenda, which included a number successful film program. ished. of issues, including legislation that The measure would create a National Re- These companies, these banks need would provide the first ever legal pro- cording Registry at the Library to identify, to come forward, open their books, and tections for performers residual com- maintain and preserve sound recordings of return their criminal profits to close pensation, the economic rights of sen- cultural, aesthetic, or historic significance. this open wound on the soul of human- ior performers, the protection of both Each year the Librarian of Congress will be ity. compensation, education, and the able to select up to 25 recordings or groups of Madam Speaker, this legislation that working conditions of child performers, recordings for placement on the Registry, I am introducing today will right a ter- and the right to personal privacy for upon nominations made by the public, industry rible wrong in the annals of world his- the Guild’s highest profile performers. or archive representatives; recordings will be tory, and God knows it is long overdue. Over his 25 years performing as a pro- eligible for selection ten years after their cre- f fessional actor, Richard Masur has sus- ation. HONORING RICHARD MASUR, tained his activist commitments to A National Recording Preservation Board PRESIDENT OF THE SCREEN AC- issues of political and social justice, will assist the Librarian in implementing a TORS GUILD ranging from universal health care to comprehensive recording preservation pro- The SPEAKER pro tempore (Mrs. international human rights. He has es- gram, working with artists, archivists, edu- WILSON). Under a previous order of the tablished an unassailable reputation cators and historians, copyright owners, re- House, the gentleman from Michigan for honesty, integrity, and selfless cording-industry representatives, and others. A (Mr. CONYERS) is recognized for 5 min- commitment, not only to his fellow National Recording Preservation Foundation, utes. performers, but to all of his fellow citi- chartered by the bill, will encourage, accept Mr. CONYERS. Madam Speaker, I am zens as well. His creative and innova- and administer private contributions to pro- very delighted today to rise to honor tive approaches to problem solving has mote preservation of recordings, and public Richard Masur who on November 12, set him apart as a leader in the enter- accessibility to the Nation's recording heritage, 1999, completed his second term as tainment community. held at the Library and at other archives president of the Screen Actors Guild, He has been a bridge builder between throughout the United States. the world’s largest union of profes- diverse communities and diverse inter- The bill authorizes appropriations of up to sional performers. ests, illuminating our understanding of $500,000 per year for seven years to fund the Richard Masur was first elected to many issues by drawing the common Library's preservation program, and up to the Screen Actors Guild board of direc- threads together. All in all, he has $500,000 yearly for the same period to match tors in 1989. He then went to vice presi- added to our culture. We respect and the non-federal funds raised by the Founda- dent. In 1995, he became president and revere him. tion for preservation purposes. was then again reelected in 1997. At this point, we salute our dear I include for the RECORD a letter received He is well known to film and tele- friend, Richard Masur, for his services from Dr. James H. Billington, the Librarian of vision audiences. He starred in over 35 to the Screen Actors Guild and to our Congress, expressing his strong support for television movies, including the highly citizenry at large. I am sure many of this measure, which will be introduced in the acclaimed chronicle of the AIDS epi- my colleagues will join me in wishing Senate by the senior senator from Louisiana demic and his Emmy-nominated per- him much success in his future endeav- (Mr. BREAUX): formance in The Burning Bed. Three of ors. Madam Speaker, my co-sponsors and I fer- his films are among the top 10 rated TV f vently hope that by enacting this modest bill, movies of all time. He has also taken a the Congress, working with the private sector INTRODUCTION OF THE NATIONAL turn as the distinguished director of to leverage the available resources, can spark RECORDING PRESERVATION ACT many productions. creation of a comprehensive, sensible and ef- In his role as the Screen Actors Guild OF 1999 fective program to preserve our Nation's president and a leader in the American The SPEAKER pro tempore. Under a sound-recording heritage for our children and labor movement, he participated ac- previous order of the House, the gen- grandchildren. We look forward to its quick en- tively in the Guild’s international tleman from Maryland (Mr. HOYER) is actment. work as a member of the International recognized for 5 minutes. LIBRARY OF CONGRESS Federation of Actors, assisting other Mr. HOYER. Madam Speaker, since the de- BICENTENNIAL 1800–2000, performers’ unions throughout the velopment of audio-recording technology in Washington, DC, November 9, 1999. world in their struggle for recognition the 19th Century, composers, musicians, and Hon. STENY H. HOYER, others have joined to create thousands of Committee on House Administration, House of and the achievement of fair wages and Representatives, Longworth House Office working conditions. sound recordings which have amused, enter- Building, Washington, DC. One of the primary goals was to tained, and enriched us individually and as a DEAR MR. HOYER: Thank you for seeking strengthen the international protec- Nation. Sadly, as the 21st Century ap- comments from the Library of Congress on tions against the exploitation of per- proaches, many of America's most previous your draft legislation to create a National formance images and performance in sound recordings, recorded on perishable Sound Recording Board and Foundation. We cyberspace. He urged Congress to pass media, may be lost forever unless we act to have had great success with a similar pro- the World Intellectual Property Copy- preserve them for the use and enjoyment of gram to preserve the nation’s film heritage, right treaties, which applied the inter- future generations. and I believe your legislation will allow the Library to build on that success in devel- national copyright law to on-line viola- Today I am introducing, along with the gen- oping a national program for sound record- tions. tleman from Ohio (Mr. NEY), the gentleman ings. Also, under his leadership, the Screen from Florida (Mr. DAVIS), the gentlemen from The key components of the legislation—a Actors Guild became a national leader Tennessee (Messrs. CLEMENT, GORDON, national recording registry, an advisory

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00105 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.160 pfrm02 PsN: H16PT1 H12078 CONGRESSIONAL RECORD — HOUSE November 16, 1999 board bringing together experts in the field, tem reformed. We have asked for just a policies are riddled with irrationalities and a fundraising foundation—have all been modest amount of reform. and unintended consequences. Even reviewed by the staffs of the Library’s Mo- Finally, in the last farm bill, we though the USDA has one bureaucrat tion Picture, Broadcasting and Recorded made an agreement that we would re- for every six full-time farmers, fine- Sound Division and American Folklife Cen- ter, as well as our legal staff, and appear to quest that the Secretary of Agri- tuning the farm economy is a difficult provide the necessary elements of a com- culture, Mr. Glickman, would come task.’’ prehensive program to ensure the survival, back with a proposal to level the play- I go on and I quote from the end of conservation, and increased public avail- ing field at least a little bit in this this column where he says, ‘‘Repeal all ability of America’s sound recording herit- milk marketing order system so that marketing orders. Current law pro- age. dairy farmers in the Upper Midwest hibits the Office of Management and I am pleased that the legislation includes a would not be punished as much just be- Budget from even studying them. Mar- directive for a comprehensive national re- cause their dairy farms are located keting orders should be repealed. cording preservation study and action plan, such as the one produced in 1993 under Con- closer to Eau Claire, Wisconsin, than ‘‘Terminate the dairy program.’’ gressional directive, which laid the frame- dairy farms in other parts of the coun- Well, Madam Speaker, I say to the work for a national film preservation pro- try. gentleman from Texas (Mr. ARMEY) and gram. This study would serve as the basis for Finally, the Secretary of Agriculture the gentleman from Illinois (Mr. a national preservation plan, including set- came back with a plan, a modest plan. HASTERT), a wall of protectionism can- ting standards for future private and public It was not strong enough for many of not stand against free markets. Milk preservation efforts, and will be conducted in us. We wanted more reform than the marketing orders cannot be explained, conjunction with the state-of-the-art Na- Secretary brought forward. But in the let alone defended. Compacts are trade tional Audio-Visual Conservation Center we sense of compromise, we were willing are developing in Culpeper, Virginia. The barriers. Trade barriers are walls. Center and the program created by your leg- to live with that. But, unfortunately, I say to the gentleman from Texas islation will each benefit from the existence some of our colleagues from the rest of (Mr. ARMEY) and the gentleman from and work of the other. the parts of the country said no, no, no, Illinois (Mr. HASTERT), if they mean I support the bill in both goal and sub- we cannot even have that modest what they say about perestroika and stance. I will need your support, however, in amount of reform. open markets, then come here to the assuring that any funds appropriated for the Well, Madam Speaker, I want to well of this House and stop the milk Board or Foundation are new funds added to share with my colleagues some ex- marketing nonsense. Tear down this the Library’s base. We cannot afford to ab- cerpts of an article that was written sorb these costs, as happened this year with wall. funds for the National Film Preservation back in about 1985 about a U.S. Rep- f Foundation. Please thank your staff mem- resentative from the State of Texas who was a former economics professor. COMMEMORATION OF THE 66TH bers, Bob Bean and Michael Harrison, for OBSERVANCE OF UKRAINIAN their hard work and extensive consultation He is the gentleman from Texas (Mr. FAMINE with the Library in developing this legisla- ARMEY). The title of the article is tion. Please let me know if Congressional ‘‘Moscow on the Mississippi; America’s The SPEAKER pro tempore. Under a staff would like to visit the Library’s sound Soviet-style Farm Policy.’’ Let me just previous order of the House, the gentle- recording program to see what we do cur- read some excerpts from this article. woman from Ohio (Ms. KAPTUR) is rec- rently and how your legislation might be im- ognized for 5 minutes. plemented. He starts off by saying, ‘‘Even as Sincerely, perestroika comes to the Communist Ms. KAPTUR. Madam Speaker, as a JAMES H. BILLINGTON, world, our own Federal farm programs cochair of the Congressional Ukrainian The Librarian of Congress. remain as American monuments to the Caucus, I rise to commemorate the f folly of central planning. If we have 66th observance of the Ukrainian Fam- reached the end of history with the ine, to help record this century’s large- TEAR DOWN THE WALL OF MILK vindication of free economy, the USDA ly untold story of famine and repres- MARKETING NONSENSE has not yet heard the word. sion in the former Soviet Union. The SPEAKER pro tempore. Under a ‘‘Fifty years ago, when the Roosevelt During 1932 and 1933, the people of previous order of the House, the gen- administration announced certain Ukraine were devastated by hunger, tleman from Minnesota (Mr. GUT- ‘temporary emergency measures,’ farm though not the kind caused by unfavor- KNECHT) is recognized for 5 minutes. programs were highly controversial.’’ able natural conditions. Instead, only Mr. GUTKNECHT. Madam Speaker, Even Henry Wallace, the Secretary of certain regions or a part of the country every morning back in Minnesota, on Agriculture ‘‘who conceived the idea, suffered famine while the government about 8,300 farms, the lights go on be- remarked, ‘I hope we shall never have of the former Soviet Union turned tween 4:30 and 5 o’clock in the morn- to resort to it again.’ The USDA has their backs upon the population. ing. On those 8,300 dairy farms, people been resorting to it ever since. The famine of 1932 and 1933 stemmed get up; the farmers get up to go out ‘‘Under the current farm law passed from political rather than natural and milk their cows. Now, if there was in 1985,’’ and this was in 1986, I believe, causes. In 1932, Ukraine had an average a group of people in America that the article was written, passed in 1985, grain harvest of 146,600,000 metric tons works harder than our dairy farmers, I ‘‘the Department of Agriculture has of wheat, and there was no danger of do not know who they are. paid dairy farmers to kill 1.6 million famine, or at least there should not Ever since 1937, the dairy farmers in cows.’’ have been. the Upper Midwest have labored under I go on. He says, ‘‘Under the dairy But the famine was first and fore- the yoke of the milk marketing order program, local dairy cooperatives are most a planned repression of the peas- system. It is a convoluted, com- allowed to form government-protected ants by the Soviet government for plicated, and unfair system whereby monopolies. Because there is no com- their resistance to collective savings. the price that the dairy farmers receive petition, people have no choice but to Second, it was an intentional attack on for their milk is priced based on how buy the milk at higher prices, which is Ukrainian village life, which was the far they are away from Eau Claire, a good arrangement for the big co- bulwark of Ukrainian heritage. Third, Wisconsin. It makes absolutely no eco- operatives, but a bad arrangement for it was the result of the forced export of nomic sense. Now, it may have made parents who buy milk for their chil- grain in exchange for imported ma- sense back in 1937 before the refrigera- dren. The resulting dairy surpluses chinery which was required for the im- tion we have today, before the inter- have been reduced by government’s plementation of the policy of indus- state highway system that we have paying dairy farmers’’ large amounts trialization. today; but it makes no sense today. ‘‘to slaughter or export their cows and The events of 1932 and 1933 are con- In fact, Justice Scalia described the leave dairy farming for’’ at least ‘‘5 sidered a man-made famine because system as Byzantine. Ever since about years.’’ food was available. But what happened 1938, those of us who represented the ‘‘Like any central planning effort, was politically motivated. It charac- good dairy farmers in the Upper Mid- whether in the Soviet Union or the terized the Soviet system and ulti- west have been trying to get this sys- American Corn Belt, all supply-control mately resulted in the deaths of over 6

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.162 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12079 million people, including our great memorating this tragic period in the ally. The President, and the President grandparents. world’s history, certainly in the his- alone, made the decision. The constitu- b 2000 tory of Ukraine. Always remember, tional requirement that only Congress never forget. shall declare war is obviously a dead People died by the millions, and they And here in America we will attempt letter. Yet the administration’s embar- were piled at the village edge like cord to tell the history of a people who rassing bungling in Kosovo illustrates wood. According to Stalin’s commands struggle even today to build a nation just why the Framers intended that the and the law that was enacted in 1932, where democratic reforms and freedom decision to go be nested in the legisla- Party activists confiscated grain from are possible for millions and millions tive.’’, according to Mr. Bandow. peasant households. Any man, woman, of those who survived and those who He also quoted Abraham Lincoln, or child either could be, and often was, remember the great price that their who said ‘‘Kings had always been in- executed for taking a handful of grain families paid only because they wanted volving and impoverishing their people from a collective farm field or was pun- to be free. in wars, pretending that the good of ished by 10 years of hard labor. f the people was the object.’’ Lincoln Gangs of Communist Party activists added that the constitutional require- The SPEAKER pro tempore. Under a conducted house-to-house searches, ment that only Congress could declare previous order of the House, the gen- tearing up floors and delving into wells war came about because war was ‘‘the tleman from Texas (Mr. PAUL) is recog- in search of grain. Those who were al- most oppressive of Kingly oppressions; nized for 5 minutes. ready swollen from malnutrition were and (the Framers) naturally resolved (Mr. PAUL addressed the House. His not allowed to keep their grain, and to so frame the Constitution that no remarks will appear hereafter in the those who were not starving were sus- one man should hold the power of Extensions of Remarks.) pected of hoarding food. An average bringing this suppression on us.’’ peasant family of five had about five f James Madison wrote that ‘‘The Con- pounds of grain a month to last until UNPREPAREDNESS OF U.S. ARMY stitution supposes, what the history of the next harvest. all governments demonstrates, that Lacking bread, peasants ate pets, The SPEAKER pro tempore (Mr. the executive is the branch of power rats, bark, leaves, and garbage from TANCREDO). Under a previous order of most interested in war and most prone the well-provisioned kitchens of Party the House, the gentleman from Ten- to it. It has accordingly, with studied members. There were occurrences of nessee (Mr. DUNCAN) is recognized for 5 care, vested the question of war in the cannibalism. People dug in the frozen minutes. legislature.’’ ground with their raw hands to find Mr. DUNCAN. Mr. Speaker, last Of course very few people seem to even an onion for soup. But many vil- week, The Washington Post ran a care that we so routinely violate our lages died out, in spite of the fact that front-page story that said the U.S. constitution today. party activists continued confiscating Army has rated 2 of its 10 divisions un- The Christian Science Monitor had a grain. prepared for war due to the ‘‘strain of special section last year showing that The unprecedented calamity came in open-ended troop commitments in Bos- there were little wars going on in over the winter and spring of 1933, before a nia, Kosovo and elsewhere.’’ 40 places around the world. If we try to new harvest could be gathered, when This unpreparedness is the result of stop them all, we can forget about So- the world population was left without spending so many billions in Kosovo, cial Security, Medicare, the national any means of sustenance and authori- where we made the situation many parks, and almost everything else the ties did not organize any supplies for times worse by going in than it was be- Federal Government does. the villages. Some villages in the re- fore we started bombing. This unpre- Do we now go into Chechnya and stop gions of Poltava, Kharkiv, and Kyiv paredness is the result of spending the Russians from killing people there? were completely deserted by the spring many billions in Bosnia, where we had Do we start now attacking the Alba- of 1933. U.S. troops giving rabies shots to Bos- nians, who have been killing the Serbs When the casualties of collectiviza- nian dogs and where the military’s in Kosovo now that the shoe is on the tion, famine, the purges of the 1930s, greatest problem was boredom of the other foot? Of course not. We only go and the nearly 6 million who died dur- troops. This unpreparedness is the re- where CNN tells us to by whichever hot ing World War II are combined, it is es- sult of spending billions in Haiti, spot they are playing up at the mo- timated that more than half the male where, according to The Washington ment. and one quarter of the female popu- Post, we had our troops picking up gar- We need to stop turning our military lation of the Ukraine perished. Along bage and settling domestic disputes. into international social workers. We with these people, the achievements, This unpreparedness is the result of need to restore our constitutional form lessons, and hopes that one generation spending even now, according to the of government, and we need to stop communicates to another were de- Associated Press, $1 million a day on a sending troops in and bombing people stroyed. Under the circumstances, it forgotten war in Iraq that is doing us where there is no real threat to our was all the more remarkable that no good at all. own national security. And we need to Ukrainian society had any strength In fact, almost all of these foreign stop spending so many billions of hard- left for self-assertion in the postwar pe- misadventures, in addition to weak- earned tax dollars in military mis- riod. In summing up the famine in ening our military and costing U.S. adventures when so many families have Ukraine, it is no exaggeration to say taxpayers many billions of dollars, all to have both mother and father work- that the Ukrainians’ greatest achieve- of these misadventures are making new ing so that one can pay all the Federal, ment during that decade and this cen- enemies for this Nation all of the time. State and local taxes imposed upon tury has been to endure and survive. Haiti, Rwanda, Somalia, Bosnia, them. In this sense, we must recognize the Kosovo, Iraq, and billions and billions One other unrelated topic, Mr. Ukrainian famine on a yearly basis to and billions of U.S. taxpayers’ money, Speaker, which also shows that the bring light to the tremendous sac- all spent at a time when we are still al- Federal Government is simply too big, rifices a people had to endure. Last most $6 trillion in debt, and all spent is the report just out that the wife of a year we commemorated the 65th anni- where there was absolutely no threat member of the other body has been versary of the Ukrainian famine with a to U.S. national security. paid $2.5 million by just one company commemorative resolution. Later this In addition to these problems is the over the last 6 months in lobbying fees. week, on November 20, the Ukrainian fact that our constitution is being ig- When the Federal Government was community will have an opportunity to nored. Syndicated columnist Doug much smaller, no one was paid $2.5 mil- commemorate the fallen victims of the Bandow wrote ‘‘When the U.S. at- lion for 6 months of lobbying, espe- famine with an ecumenical service and tacked Yugoslavia earlier this year, it cially by just one company. program at St. Patrick’s Cathedral in inaugurated war against another sov- It seems to me that it should be New York City. I join with the Ukrain- ereign state that had not attacked or wrong for the wife of a Senator or for ian-American community in com- threatened America or an American any one person to be paid $2.5 million

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.164 pfrm02 PsN: H16PT1 H12080 CONGRESSIONAL RECORD — HOUSE November 16, 1999 in just 6 months to lobby any depart- Schools, the quota ordinance of 1974, Now, in plain English, this is a win- ment or agency of the Federal Govern- the equity assurance ordinance, and win-win deal for American values and ment. This is the type of thing that the organization of the gang and drug American interests. First, it is a win goes on thanks to liberals who have task force. She serves as volunteer in for fairness. In the world of global made our Federal Government so big charge of girls guidance for the John C. trade, the United States plays by rules. and have given it so much money that Vaughan Scholarship Cotillion and is We open our market to everyone, it is simply now out of control. the youth chair for the West Town’s which is a huge benefit to America’s f chapter of LINKS Incorporated, a na- consumers and businesses alike. But, tional service organization for young unfortunately, as we all know, every- RETIREMENT OF SHERLYNN REID and adult women. one else does not follow those same The SPEAKER pro tempore. Under a She has a special place in her heart rules. They do not all fall in line that previous order of the House, the gen- for the annual Friends of the Library way. tleman from Illinois (Mr. DAVIS) is rec- used book sale, which each year now Up until now, China has been at the ognized for 5 minutes. occupies an entire floor of the Oak top of the list of those who fail to fol- Mr. DAVIS of Illinois. Mr. Speaker, Park/River Forest High School. Village low those rules. at the end of the millennium we have Manager Carl Swenson said, ‘‘I can b 2015 received and continue to receive and to think of no other person who has had see and hear and give great attention such a positive impact on this commu- But now they are agreeing to play by to the fact that we are moving into a nity. She is irreplaceable. It is a loss the rules. Of course, we know it will new era. And as we move forward, it for us, but she is not leaving the com- take a lot of diligence and effort to ac- serves us well to look back and see munity, she will still be here.’’ tually press the Chinese to live up to from whence we have come. Reid responded with typical modesty. their commitments, but this is the However, there are dates which are ‘‘I will miss it. I enjoyed my job. I may only way that we can move forward. truly beginnings or ends of eras. The get all the attention for what they do, Second, this is a win for our world- village of Oak Park celebrated such an but a lot of people in the community class American workers and businesses. event November 1 of this year. After 29 have added to what I have done. The Mr. Speaker, the fact is that the Chi- years at Village Hall, at age 64, people in this community are key, and nese market has largely been closed off Sherlynn Reid, a lifetime advocate of I have enjoyed working for and with from foreign competition. America’s diversity and racial balance in Oak them. I feel it is crucial the commu- world-class businesses, manufacturers, Park, retired as Director of Commu- nity remain racially diverse. It is not a high-tech companies, entertainers, nity Relations for the Village of Oak one or two-person job.’’ farmers, financial institutions, and on Park, Illinois. and on and on, have never been able to Oak Park is a vital, exciting commu- Sherlynn Reid plans to spend more time with her daughters and grand- effectively compete for sales among nity, home to more than 53,000 resi- the 1.3 billion consumers in China. dents of different cultures, races, children but has promised to remain active in the community. She intends Now, of course, we need a reality ethnicities, professions, life-styles, re- check here. Let us not live under some ligions, ages and incomes. Diversity is to finish writing two books, My Oak Park, and another one on her family. illusion that China is the key to the fu- highly prized, promoted, and nurtured ture of the world economy. But let us in this community; and it has played Sherlynn Reid leaves behind a living also agree that China is an important an important role in defining the eco- legacy, a legacy of love and respect, a emerging economy in the key Asian- nomic, cultural, and social character of legacy of struggle for equality and fair- Pacific region. Business leaders across this unique community. ness, a legacy of building unity based Oak Park works hard to ensure a de- on our infinite diversity, a legacy of the globe and in every part of America sirable quality of life. Oak Park estab- unlimited economic and cultural know that being shut out of China, es- lished a Citizens Community for growth and prosperity based on the pecially as China opens up to the Human Rights and the Community Re- fullest participation of every resident. world, would be a huge mistake. We fi- lations Commission in 1963 to assure Her legacy will continue to develop, nally have a deal to get our guys on to all residents of equal service and treat- and regardless of her retirement, she the playing field so that we, as Ameri- ment. The commission works to im- will continue to help shape the future cans, can compete. prove intergroup relations without re- of her community. We congratulate And guess what? I am very confident, gard for race, color, religion, national Sherlynn on the occasion of her retire- Mr. Speaker, that our guys will win origin, or sexual orientation. It works ment, and look forward to working most of the time, because America’s to ensure good human race and com- with her for many more years to come businesses and America’s workers are munity relations and reduce tensions, in continuing to build an outstanding the most competitive and the most ef- and acts as a hearing panel for resolu- community. ficient on the face of the Earth. tion of discrimination. f Finally, Mr. Speaker, this is a win In 1968, the Village Board approved The SPEAKER pro tempore. Under a for American values inside China, val- one of the Nation’s first local fair hous- previous order of the House, the gen- ues like the rule of law and personal ing ordinances, outlawing discrimina- tleman from Indiana (Mr. BURTON) is freedom. Again, let us not lose sight of tion. In 1973, the Village Board ap- recognized for 5 minutes. reality. There is a lot wrong with how proved the Oak Park Diversity State- (Mr. BURTON of Indiana addressed the Chinese government does business. ment. the House. His remarks will appear We all know about that, and we all Sherlynn Reid started at Village Hall hereafter in the Extensions of Re- decry that. Just like it has not fol- as a Community Relations Representa- marks.) lowed the rules of international trade tive in 1973 and became Acting Commu- f and business, it has also failed to fol- nity Relations Director in 1977. Shortly low the rules of fundamental human afterwards, she was appointed Director U.S.-CHINA WTO AGREEMENT rights and freedom. of Community Relations. The Commu- The SPEAKER pro tempore. Under a Mr. Speaker, I hope that this trade nity Relations Department enforces previous order of the House, the gen- deal, which will bolster the rule of law the Village’s Human Rights Ordinance, tleman from California (Mr. DREIER) is in Chinese business and trade dealings, the Fair Housing Policy and promotes recognized for 5 minutes. will move individual rights forward in Oak Park’s Racial Diversity Policy. Mr. DREIER. Mr. Speaker, I am very China. The Department participates in block happy to report to my colleagues of the I was especially pleased that Martin organizing, community safety pro- good news we received just yesterday Lee, the leading advocate of democracy grams, conducts multi-cultural train- that American and Chinese trade nego- for the Chinese people, based in Hong ing and networks with community tiators have reached what appears to Kong, supports bringing China into the agencies and groups. be a very good agreement to bring world trade system of rules and laws Miss Reid was instrumental in cre- China into the World Trade Organiza- for this reason. That is certainly a very ating the Committee of Tomorrow’s tion. good and positive sign.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.167 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12081 Mr. Speaker, the relationship be- to aids and appliances and other adapt- portrayed; and since they are neither tween the United States and China is ive equipment, increasing emphasis on wards nor children, their hope is to be both complex and varied. No agree- the development and evaluation of not only seen but also heard in their ment, no trade deal, can solve every technology, and continued support for own accents and for whatever their problem or answer every question. But blind persons and their families cause may be worth.’’ this trade agreement moves the ball through job opportunities and special f forward on very key issues. services. UNFINISHED BUSINESS OF It is a win-win-win for fairness, new NFB’s commitment is critical to the CONGRESS markets, and our Western values in 750,000 people in the United States who China. It is a good deal for America. are blind and the 50,000 that will be- The SPEAKER pro tempore. Under f come blind each year. the Speaker’s announced policy of Jan- Recently I participated as the hon- uary 6, 1999, the gentleman from New HONORING NATIONAL FEDERATION orary chair in the NFB’s Newsline Jersey (Mr. PALLONE) is recognized for OF THE BLIND Night ’99. This yearly event makes it 60 minutes as the designee of the mi- The SPEAKER pro tempore (Mr. possible to support one of the organiza- nority leader. TANCREDO). Under a previous order of tion’s important services, an electronic Mr. PALLONE. Mr. Speaker, I just the House, the gentleman from Mary- text-to-speech telephone-based service would like to spend some time tonight, land (Mr. CUMMINGS) is recognized for 5 which delivers seven national and over and I am going to be joined by the gen- minutes. 20 local newspapers to blind persons tlewoman from Connecticut (Ms. Mr. CUMMINGS. Mr. Speaker, throughout the country. DELAURO), talking about the unfin- ‘‘change ordinarily evolves over hun- Technology enables national and ished business of this Congress and of dreds of years, but when a fundamental local news to be available on Newsline this House of Representatives. difference in the way we view the world by 7:00 a.m. each morning. The service We know that it is likely, either to- comes quickly, the shift in our think- began as a pilot project in the Balti- morrow or within the next few days, ing is called revolution.’’ Such revolu- more-Washington area, and Newsline that the Republican leadership will tion ‘‘takes place not because the gov- Baltimore began delivering newspapers bring up probably an omnibus appro- erning institutions have had a change and other material via local phone priations bill, better known as the of heart, but because the pressure lines in 1996. This revolutionary idea budget, I guess, for most people. We, as Democrats, have been very brought to bear by individuals orga- assists approximately 11 million Amer- critical of the Republican leadership nized for collective action has added icans who cannot read regular print because since October 1, which was the the necessary impetus.’’ but would enjoy the receipt of news These words were spoken by Kenneth beginning of the fiscal year, they have and information over a cup of coffee not been able to complete the budget, Jernigan, past president of the Na- like the rest of the seeing population. the appropriations process. And that tional Federation of the Blind, a revo- In addition to the Newsline service, process now is, I guess, about 6 weeks lutionary organization with the philos- NFB supports a job opportunity serv- overdue and they have not been able to ophy that blind people, if organized ice, a materials center containing lit- effectively legislate and keep the Gov- throughout the land, have the strength erature and aids and appliances used by ernment going by providing the budget and purpose to change the course of the blind, and the International Braille that we need for this fiscal year. history. and Technology Center for the Blind, We have also been critical of the fact The NFB was founded in 1940 at a which is the world’s largest and most that already, even though they keep time when the opportunities for blind complete evaluation and demonstra- bringing up the issue of Social Security persons were lacking and society’s atti- tion center for speech and Braille tech- and spending the Social Security sur- tudes towards them was, sadly, one of nology. plus, already, if we look at the appro- misunderstanding and negativity. This When looking in total at all the serv- priations bills that they passed, they was also a time when there was no re- ices that the NFB provides and all of clearly have dipped into the Social Se- habilitation for blind persons, no li- its accomplishments, one can say with- curity Trust Fund. braries, no opportunity for higher edu- out hesitation that this organization is At the same time, they have also bro- cation, no jobs in Federal service, no truly revolutionary. ken the caps. One of our colleagues, the hope in the professions, no State or I encourage the organization to con- gentleman from Massachusetts (Mr. Federal civil rights protections. tinue its revolutionary crusade to- FRANK), was here just a few minutes But that was another time, another wards full citizenship and human dig- ago giving a special order and talking generation. Headquartered in Balti- nity for equal rights and for the right about how the caps under the Balanced more, the National Federation of the to work with others and do for your- Budget Act have really become a thing Blind is today what its founders selves. I also challenge all of us who of the past. dreamed it would become, a truly revo- have sight to recognize that we are all But I did not really want to dwell on lutionary organization ensuring that human and, thus, alike in most ways. this tonight because I think it is evi- blind people get equal treatment and a However, we each have unique charac- dent that the budget process has been a fair shake. It is the Nation’s largest teristics that allow us to contribute to mess. But, hopefully, over the next few consumer advocacy organization of society in special ways. Respect for days, there will be a budget passed; and blind persons and is considered the such differences implies, then, just al- we will have an appropriations and a leading force in the blindness field lowing someone in. It implies that we budget for this fiscal year. today. have something to learn and a benefit The larger problem, though, I think With 50,000 members, the NFB’s in- to gain from others who are different is the unfinished business of this Con- fluence is felt throughout the Nation, from us. gress and the unfinished business of with affiliates in all 50 States, plus I close with a quote from Jacobus this House of Representatives. Washington, D.C., and Puerto Rico, and TenBroek, the first president of the Republicans are, basically, ready to over 700 local chapters. NFB, to summarize this concept. He leave town now, not having addressed The mission of the NFB is twofold. said, ‘‘In order to achieve the equality most of the concerns that my constitu- First, it strives to help blind persons that is their right, in order to gain the ents bring to my attention. And these achieve self-confidence and self-re- opportunity that is their due, in order are the concerns that the average fam- spect. Second, the organization acts as to attain the position of full member- ily has in this country, whether it is a vehicle for collective self-expression ship in the community that is their Medicare, seniors asking me about the by the blind. These goals are achieved goal, the blind have continuing need need for a prescription drug benefit; through the organization’s numerous for the understanding and sympathy HMO reform, which myself and my col- initiatives, which include educating and liberality of their sighted neigh- league from Connecticut have been on the public about blindness and lit- bors and fellow citizens. The greatest this floor so many times in the last erature and information services, en- hope of the blind is that they may be couple of years demanding that the Pa- suring that blind persons have access seen as they are, not as they have been tients’ Bill of Rights be passed.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.171 pfrm02 PsN: H16PT1 H12082 CONGRESSIONAL RECORD — HOUSE November 16, 1999 We finally did manage to get it It is really unfair that this Repub- gun safety legislation cannot seem to passed, but so far there has been no lican leadership does not address these see the light of day, when we have par- conference between the House and the issues and just leaves this unfinished ents and children saying, help us to Senate on the Patients’ Bill of Rights, for the next year because the public is make our communities safe. and the Republican leadership is obvi- crying out for this kind of legislation Minimum wage. We are at a time in ously just trying to kill HMO reform to address these issues. this country over the last 10 years by not having the conference take where chief executive officers of cor- b 2030 place and hoping that the issue will go porations have seen their wages esca- away. I yield to my colleague from Con- late 481 percent over the last 10 years. I just mention those two issues be- necticut. In fact, workers have seen only a 28 cause I think they are very important. Ms. DELAURO. I thank my colleague percent increase and quite frankly if But there are a lot of other issues: gun from New Jersey for taking this time workers’ salaries had gone up as much safety, the issue of school construc- to talk about really quite a serious as the CEO salaries, the minimum tion, campaign finance reform. There issue. I think we should try to put this wage would be roughly about $22. Peo- are many that need to be addressed. in some kind of a perspective. First of ple want to raise their standard of liv- I would like to yield to my colleague, all, let me mention that we are going ing. They are working very, very hard. the gentlewoman from Connecticut to be gone from here within the next Social Security and Medicare, bedrock (Ms. DELAURO), but before I do that, I few days. We do not know how many programs which have lifted, really lift- just want to say very briefly that I get more days there will continue to be the ed and provided a retirement future, so many letters from my constituents deliberation on the budget, but the fact retirement security for so many hard- about the fact that this Congress has is that if we do have an opportunity working men and women in this coun- not addressed the problem with pre- after the Republican leadership has try. These are the issues that people scription drugs, the increased cost of been fighting tooth and nail, more cops speak to us about. These are the issues prescription drugs, the fact that sen- on the beat, more teachers, reduced that they are concerned and worried iors do not have access to them be- class size, if in fact there are some about. This is what they feel that they cause Medicare does not cover it as a gains in that area, we will feel vindi- have given us their trust to do some- basic benefit, and also about HMO re- cated and we will be very, very pleased. thing about. form and the need for HMO reform. They are important victories for work- Yet there is a hard core minority This letter just came to my office in ing families. That is what we want to within the majority party, within the the last few days before we came back. do. That is why we come here. We want Republican Party here, that has said I think I received it on Friday of last to try and protect those vital prior- ‘‘no’’ to these pieces of legislation, week from one of my constituents in ities. my hometown of Long Branch, New when there has been real bipartisan But that leads me to say that one has Jersey. I am just going to read part of support. As you know, HMO reform, to take a look at why we are here. it because it is so simple, but it says it campaign finance reform which I did all: Each of us comes as a direct result of not mention, but there were bipartisan elections, people cast their votes and gun safety measures in the Senate. If Dear Congressman Pallone. they say, FRANK PALLONE of New Jer- I know how hard you have fought for this were just one-sided, you might say sey, ROSA DELAURO of Connecticut, of the HMO Patients’ Bill of Rights. This that, ‘‘My gosh, all these folks on the legislation is supposed to protect the the Third District, we think you will Democratic side are wrong. These are public from the insurance company’s do a good job on our behalf. Each of the not issues that people care about.’’ over-zealous quest for profits. I have an 435 Members who comes here has that But, in fact, it does not make any dif- Aetna U.S. Healthcare Medicare plan. kind of trust. It is a responsibility as ference what party you are about, what Aetna gets the $45 from Medicare Part well as an opportunity. What we try to your party identification is. Prescrip- B. As of January 1, 2000, the rate will do is to take very seriously that re- tion drugs, HMO reform, gun safety, have increased by $35. That is a 78 per- sponsibility, those obligations, and try minimum wage, Medicare/Social Secu- cent increase, and they have dropped to reflect the will of the people in this rity, they know no party affiliation. the prescription drug benefit. I don’t body. It is the People’s House. But the People just expect that we are going to know how they can justify that kind of kinds of issues that you have talked do the best we can on their behalf. And, increase. My plan is to drop the HMO about, the health issues and as you go yet, this majority party, this Repub- coverage and take the Part B from through the list of the unfinished busi- lican leadership, has bottled these bills Medicare. ness and whether it is HMO reform or up after they had passed in the House, Now, you know, Mr. Speaker, this prescription drugs or gun safety or after they have real bipartisan support. just says it all to me. How many con- minimum wage, Social Security or They have said ‘‘no.’’ So they thwart stituents have come into my office, Medicare, in each of these areas we the will of the Members who serve have called me and sent me letters and know that the public is clamoring for here, but much, much more impor- complained about the fact that they some kind of relief. If it is on HMO re- tantly, they thwart the will of the cannot afford prescription drugs? How form, they are desperate to get back to American public. It is wrong. It really many people that actually have some doctors and patients and themselves is. That is not why we were sent here. kind of prescription drug benefit as making their medical decisions. They We cannot subsume all of this legisla- part of their health insurance have are desperate and clamoring for the no- tion that in fact has a tremendous im- been dropped, that prescription drug tion that, my gosh, if something goes pact on what people’s lives are about benefit has been dropped or the co-pay- terribly wrong with a course of medical because we may have some individual ments or the deductibles or everything action that has been, if you will, pre- views or there may be some special in- have gone up? And how many people scribed by an HMO, that they in fact terests out there that provide us with have complained to me about abuses cannot get any accountability, any re- funding for campaigns, for some reason relative to HMOs and the problems lief, they have no place to go. They that we do not like, that I do not like they have experienced with HMOs? worry about that for themselves and or the gentleman from New Jersey does I only read this letter and I start out their families. not like or the gentleman from Maine this evening by talking about these You mentioned prescription drugs. does not like that particular thing. two health care issues because these You know and I know that people are That is not why we are here. We have are just common sense things. These making those hard decisions every day an obligation. We have responsibilities are things that people talk to us about as to whether or not to fill their pre- to those people who send us here. We on the streets every day. These are the scriptions or buy food, because the cost do not come here on our own. We are kinds of things that the gentlewoman of prescription drugs continues to esca- sent here to do the public’s work. from Connecticut (Ms. DELAURO) and I late. Gun safety. We know that it is What this does, when the Republican are going to be hearing about over the now 7 months since Columbine, that leadership thwarts the will of the pub- next 6 weeks after this House adjourns terrible tragic case and there have been lic, they fray that public trust. And we over the next few days. subsequent tragedies, and yet modest find wherever we go people say, ‘‘Well,

VerDate 29-OCT-99 06:23 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.173 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12083 I have got to make it on my own, be- floor. But they do not let the bill have Mr. PALLONE. The thing that really cause those folks in Washington are hearings, they do not let the bill go worries me, too, my colleague from not going to make a difference in the through committee. They just manage Connecticut talked about how the pub- lives of my family, of my work.’’ That to bring some bill to the floor that is lic starts to lose faith because they see is sad, that is very sad, because that is usually exactly the opposite and does all these procedural gimmicks and not what we are supposed to be about. not have the reforms that are nec- they think we are never getting any- I lament that, you do, my colleague essary to cure the problems with thing done. That letter that I was from Maine does, and people on both HMOs. Then when it gets to the floor, quoting from from my hometown con- sides of the aisle. My hope, and it cer- we have to make an extraordinary ef- stituent, he ends the letter saying, ‘‘I tainly is not going to happen in the fort to amend the bill or to bring up think your best efforts have had less next few days of this year, of the 106th the substitute that is an actual reform than the anticipated worthy results. Congress, but we have to make that measure and finally we succeed. But al- Can something be done?’’ commitment that we will come back, most a year has gone by by the time As much as he has faith in me and and every day of the last year of this that happens. Then, because the Senate my willingness to come down here and 106th Congress, of this session, that we has not passed anything, we try to go try to get a prescription drug benefit pledge to make the fight for prescrip- to conference where the House and the and HMO reform, he is doubting wheth- tion drugs and HMO reform and gun Senate get together so that we can er it is ever going to be accomplished. safety legislation and Social Security eventually send the bill to the Presi- That is a sad thing. I yield to my col- and Medicare and the minimum wage. dent, and at that stage, they do not let league from Maine who is really the The public has got to know that we the conference take place. We have person who has done the most to bring want to do that, and we are on their done this over and over again. to our attention this issue of price dis- side on these issues. My colleague from Maine has now crimination with prescription drugs. I There are those in this body who just last week filed a discharge peti- appreciate all the gentleman has done. would do harm. Unfortunately, they tion on his bill related to the price dis- b 2045 are in the leadership of the majority crimination with regard to prescription party. That is wrong. I thank my col- drugs, and we filed another bill by the Mr. ALLEN. Madam Speaker, I thank league for calling us all together to- gentleman from California (Mr. STARK) the gentleman for yielding, and I thank night. and the gentleman from California (Mr. the gentlewoman from Connecticut Mr. PALLONE. I want to thank the WAXMAN), a discharge petition, that (Ms. DELAURO) for her eloquence on gentlewoman. I just wanted to briefly would provide for the Medicare benefit. these topics. comment on some of the things she has We are going to have to get people to What she has been saying is that we said because it is so true, and then sign the petitions when we come back are not here to go through the motions. yield to our colleague from Maine. in January. We will. We are all going I remember when I was elected, I got a It is amazing to me because I have to work on it, to make sure that we get little handwritten note from a con- just seen the pattern from day one those signatures and eventually bring stituent of mine who had sent me a $20 with every one of the pieces of legisla- these bills to the floor. But we have to check at some point during the cam- tion that you mentioned, and you are exercise these extraordinary proce- paign. And he said, when you get to right, that ultimately when these bills dures. It is very difficult and it takes a Washington, remember the people who pass the House, they are bipartisan. long time and it is very easy for the sent you there. But what we see is the Republican Republican leadership through these What he was saying is, all of those leadership basically, for every one of procedural gimmicks to basically people who sent us here did not send us these, HMO reform, Medicare prescrip- thwart the will of the real majority here to help ourselves, they sent us tion drugs, campaign finance reform, here. here to help them, to work for them. gun safety, we see Democrats intro- I saw just the other day some of our Occasionally, as I travel around my ducing a bill, I will use the HMO re- Republican colleagues coming up on district in Maine, once in a while some- form as an example but I could use it the floor and talking about the need one gets it right and comes up to me for every one of the ones the gentle- for a prescription drug benefit. So we and says, we sent you there to work for woman mentioned. Democrats intro- are starting to get some of them, too. us. It is true. If we forget that even for duced a bill that would really make a But it does not matter because the a day, we are slipping from our assign- difference in terms of correcting the House leadership, the Republican lead- ment. abuses of HMOs. They get almost every ership is opposed to it. Mr. Speaker, it was 3 years ago al- Democrat to support the bill, to co- I yield to the gentlewoman from Con- most exactly to the day when I had sponsor it, as we say, and then they necticut. just been elected for the first time. I reach across to the other side of the Ms. DELAURO. Our colleague from came in for an orientation session. Our aisle to try to get some Republicans Maine will talk about this whole issue leader, our Democratic leader, the gen- who understand that this is an impor- of prescription drugs. In the framework tleman from Missouri (Mr. GEPHARDT) tant issue and that something has to be that we are talking about, this is not a said something that I will not forget, done about it and we still cannot get program here, a program there. That is partly because he does not let us forget the bill out of committee or to the not what this is about, because budgets it. He says it often. He said that ‘‘noth- floor because the Republican leader- and legislation is created out of need. ing important in this House ever gets ship because they are so dependent on It is reflective of priorities, of values, done except on a bipartisan basis. special interests, in this case the insur- of how you approach problems that Nothing important ever gets done in ance companies, will not bring it up. people have. If you reflect on values this House except on a bipartisan What do we do? We file a discharge and who we are and what you want to basis.’’ That is why this year, when we petition. We file it on a bipartisan try to do with responsibility and pro- look back at this year, we cannot help basis, or we get some of the Repub- viding opportunity and doing those but be disappointed, because we have licans to join us. The numbers of the kinds of things which is what this body had opportunities. Let us look at two discharge petition, which is an extraor- is all about, one has to take a look at of them. dinary procedure that you should not all of this through that prism of values On two of the major issues that came have to use, is basically petitioning and where our values lie in this body, before this body, we constructed a bi- this House leadership to bring a bill to because that is what infuses all of this. partisan majority made up mostly of the floor because they will not go That is what prompts us to act. It is Democrats, but of a number of coura- through the normal process in com- what we believe is the right thing to do geous and determined Republicans. mittee, and when we approach the on behalf of the people. That is what Let us look at one issue, campaign fi- magical majority of numbers to sign runs through all these pieces of legisla- nance reform. In the last session of this that discharge petition, then all of a tion. They are not out there by them- House, in the last Congress, it was a sudden the Republican leadership de- selves. I am sorry to take time from battle simply to get the bill to the cides they have to bring the bill to the my colleague from Maine. floor. But this session of Congress,

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.175 pfrm02 PsN: H16PT1 H12084 CONGRESSIONAL RECORD — HOUSE November 16, 1999 with the help of the Speaker, it came What we found by that study that partisan. But I just read the other day, to the floor. And a substantial number has now been replicated in 130 districts and I think it was in Congress Daily, of Republicans, I think 60 or more, across the country is that on average, that when we come back in January, voted with the Democrats to pass cam- seniors pay twice as much for their the Speaker, the Republican Speaker, paign finance reform in the House, but prescription medication as the drug is talking about another tax cut; that then the leadership appoints conferees companies’ preferred customers: the that is going to be at the top of the and the issue dies. We do not get any- big HMOs, the hospitals, and the Fed- agenda. where particularly in the other body. eral government itself through the VA I just cannot help thinking that we The second example is the Patients’ and Medicaid. are going to see maybe a watered down Bill of Rights. There is no question That price discrimination needs to version, but another version of what we that the real Patients’ Bill of Rights stop. I have one bill, the Prescription witnessed this summer, which is this which we passed in the House of Rep- Drug Fairness for Seniors Act. The trillion dollar, and the Republicans try resentatives could not have passed gentlemen from California, Mr. WAX- to forget about this now, they do not without Republican support; not a lot MAN and Mr. STARK, have a bill to pro- talk about it anymore, but one of the of Republican support, but some Re- vide prescription drug benefits under reasons that it has taken so long and publican support. What happens? At Medicare. we have been so delayed with this the end of the day, the Speaker ap- We need both approaches. The bot- budget is because they spent most of points conferees, only one of whom on tom line is what the gentleman from the first 6 months through the summer the Republican side, only one of the 13 Missouri (Mr. GEPHARDT) said over and trying to pass this trillion dollar tax conferees, had actually voted for the over again, we cannot do anything im- cut. Dingell-Norwood bill. portant, and these are important The effect of that tax cut would have There again, a chance for a bipar- issues, that is not done in a bipartisan been exactly the opposite of what my tisan accomplishment was lost, was way. We need some help from the other colleague, the gentleman from Maine, lost, to the detriment of the people side. just talked about. In other words, there who sent us here to work for them. Frankly, there is no need to wait. would not have been any money to A couple of other examples where we This is a disappointing year. We are shore up social security, no money to did not have the same kind of success. coming back next year, however. We help with Medicare, and we need to It seems to me that when we look at will go right back at it. We are going look at those programs on a long-term all of this, we tried to pass some mod- to do the best we can on these issues basis because we know they are going est gun safety provisions and the Re- for the American people. to start to run out of money in a few publicans said no. We tried to improve Next year I hope that we have a little years. health care by passing a Patients’ Bill different spirit in this House, that we We want to move ahead in a positive of Rights; some Republicans said yes, get back to basics, that we remember way to actually improve Medicare by the majority said no, and the leader- who sent us here, that we remember providing a prescription drug benefit, ship said no. why we came, and that we put aside but if this surplus was used the way the In the other body there was an effort the ideology that the Federal govern- Republicans had initially wanted to by to ratify the comprehensive test ban ment cannot do anything or should not having all the money go for a tax cut treaty to make the world a safer place do anything or cannot do anything that was primarily for the wealthy and for all of us, and the Republicans said right or should not do anything, and we for corporate interests, we would not no. They have said no to prescription do the best we can for the American have had anything. We would not have drug relief for seniors who need the people. been able to even discuss trying to pre- help. They have said no to extending If we do that, we will have some gun serve social security and Medicare. the solvency of social security. They show safety positions, we will pass and I am just so afraid, having looked at have said no to extending the solvency enact the Patients’ Bill of Rights, we what the Speaker mentioned the other of Medicare. Mr. Speaker, we have will pass a prescription drug benefit, day in Congress Daily, which is a publi- work to do for the people of this coun- and make sure that there is enough le- cation that is circulated around Con- try in this House and it is not being verage on price so the taxpayers do not gress, for the people that do not know done. get taken for a ride, and we will do what it is, that they are just going to Let me come back for a moment, something about preserving Medicare come back here in January and start to since both Members said I would talk and social security for the long-term. talk about another huge tax cut again, about it, and I cannot sit down without That would be an agenda that the instead of addressing Medicare and so- talking about the issue of prescription 106th Congress, both sides of the aisle, cial security and the other long-term drugs. could be proud of, because it is an needs that my colleague, the gen- The gentlewoman from Connecticut agenda that grows out of the needs and tleman from Maine, has talked about. (Ms. DELAURO) said that what we try to the wishes and the beliefs of the Amer- Mr. ALLEN. Mr. Speaker, if the gen- do here grows out of need. Here is a ican people today. That is the agenda tleman would yield briefly, one point story about how this whole sort of that we have all been fighting for on about the tax cut, that was such a issue of prescription drugs arose for this side of the aisle. bogus issue, because there was no tril- me. We have not been quite persuasive lion dollar on-budget surplus. If we In the first year or so that I was enough yet, but I am still hopeful that make just two simple assumptions that elected, I would go to meetings with next year will be the year, and next the Republican leadership did not groups of seniors. I would go there year we can say with some real satis- make, one, that we would have emer- talking about the issues that Wash- faction that we took on the major gency spending at at least the same ington wanted to talk about: Social se- issues of our time and we dealt with level that we had had it for the last 5 curity and Medicare, and the need to them productively. or 10 years, and number two, that there make those programs solvent for the Mr. PALLONE. I know that the gen- would be growth in domestic spending long-term. tleman is going to do that. at least at the rate of inflation, if we What my seniors said, they would The gentleman talked about and I just made those two assumptions, the pull out a little white slip of paper and talked about the discharge petitions on trillion dollar on-budget surplus be- say, what I am really worried about is the gentleman’s bill with regard to the came a $200 billion on-budget surplus. the cost of these prescription drugs. So price of prescription drugs, as well as Well, we cannot have an $800 billion eventually when the Democratic staff the Stark-Waxman bill that would pro- tax cut when there is only a $200 billion on the Committee on Government Re- vide a prescription drug benefit under surplus and even pretend that we are form said they would be interested in Medicare. We are certainly going to being fiscally responsible. So there is doing a study, something I wanted to pursue that full force when we come one issue where I believe the majority call attention to in my district, I said, back in January. went astray. please, can you do something on pre- I do not mean to be the pessimist Here is another one. There has been scription drugs? here. Obviously, we would like to be bi- all this talk and accusations about the

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.177 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12085 Democrats raiding the social security brought up on the tax cut, this trillion things that we need to do and I think trust fund. Sometimes people on our dollars, which ultimately came down we could have gotten to them before side of the aisle say, well, they have to $800 billion in a tax cut. the middle of November. In fact, our done it, too. We get into this conversa- I think it is important to note that original adjournment date was the end tion that is really not very productive Democrats are for tax cuts. We support of October and we missed that, but we and misleading. tax cuts. But it is a question, when I could tell earlier in the year that the Some of the articles lately have been talked about values and priorities, and way things were running it just was illuminating. In September, the Wash- where the focus is, where are tax cuts? not working. ington Post called it ‘‘a fake debate.’’ Let us look at families in this country. One of the issues that I did not hear In October, the New York Times said it Let us look at working families. Let us talked about that we hoped we would was ‘‘social security scare-mongering.’’ look at the marriage penalty, home see is a minimum wage increase. The In a recent column, Henry Aaron de- health care, education tax credits to have the best economy in our history, scribed this as ‘‘great pretenders.’’ The get the kids to school, small business but we still have a lot of people left truth was shown in an article in USA tax cuts. out. Typically, the unskilled, the peo- Today this morning. The headline is, We put a package together where the ple at the literally lower level of the ‘‘Add It Up, Social Surplus Is Getting tax cuts were paid for. We are for tax economic scale and they are not bene- Tapped.’’ cuts, but we want to make sure that it fitting from that. They cannot invest But the important point is this: The is not the richest 1 percent or 2 percent in new stock offerings or take advan- Republicans have already dipped into of folks in this country who are the tage of some of the things that are hap- the social security surplus to the tune beneficiaries, but hard-working folks of pening, but a minimum wage increase will see that benefit to them. of $17 billion, according to the Congres- modest means who are finding it more sional Budget Office. Our own budg- So I talked to a lot of my own con- difficult day in and day out to make stituents and some businesses who said eters are saying that. Let us not make ends meet. a big deal of this, because the truth is, we do not know if we could afford it. That is where our direction has to be. And I said this is the best economy this does not affect the security of the That is what we have to do. That is benefits for a single person who is get- that we have seen in years. So we have about values. That is about priorities. not dealt with that. I know the con- ting social security. It does not extend That is about who in fact should ben- or contract the solvency of the social troversy is whether they will have a efit from what goes on in this country. dollar increase over 2 years versus 3 security trust fund by one day. Mr. PALLONE. I want to thank the The real problem that we know, that years, but the concern I have is the gentlewoman for mentioning that this we have been talking about, is how do sweetener on that minimum wage in- unfinished agenda that we are realizing we make sure that when there are crease. We are in a legislative process. over the next few days because the Re- fewer people working and paying into There is not purity. We have to get publicans want to go home really could the system, that the retirees will be enough votes to pass something. So I have included significant tax cuts for able to maintain the benefits at at understand we would have to have the average family if only they would least the current level. some tax relief. But it needs to be paid We can deal with that issue. That is have, on the other side, agreed to deal for. a real issue. But we cannot deal with with those real tax cuts for families, The gentleman from Michigan (Mr. the issues of health care, of education, rather than the larger tax cuts for the BONIOR) had a minimum wage increase of the environment in this country if wealthy and for corporate interests. in 2 years with $30 billion in tax relief, we are engaged in fake debates about b 2100 but it would have been made up by not going into Social Security or bor- tax cuts and surpluses where the num- I yield now to the gentleman from rowing more money from Social Secu- bers do not add up, and allegations of Texas. rity. Because I agree with my col- thievery that have no place on the Mr. GREEN of Texas. Mr. Speaker, I leagues that we are not spending Social Floor of this Chamber or anywhere again thank my colleague from New else. Security up here; what we are doing is Jersey (Mr. PALLONE) for asking for We need to be serious about the work a continual borrowing from it. And this special order on the ‘‘unfinished that we do, and as I said before, re- whether we as Members of Congress agenda.’’ I was in my office returning member who we are doing it for. this year or next year or 20 years from Mr. PALLONE. Mr. Speaker, I am phone calls and I know the gentleman now, whoever is here, we need to make convinced that that whole effort on the talked about prescription drug benefits sure that the Congress then pays back Republican side to talk about tapping for seniors. One of the calls I was re- those debts to Social Security, just the existing trust fund is nothing more turning was a senior who is in an HMO like they would pay it back to us if we than an effort to disguise the fact that and he joined that HMO because they had a Treasury note or someone in Eu- they are not providing one penny for did have a prescription drug benefit. rope or Japan who happened to invest long-term solvency of social security Now what we are seeing is they are in the government securities of our and Medicare. They just keep confusing raising the deductibles and lowering country. Social Security needs to be the issues constantly. I appreciate the maximum they will cover. So un- paid back just like every other person what the gentleman said. less Congress reacts, then the HMOs who loans money to the Federal Gov- I yield to the gentlewoman from Con- who got a lot of seniors to join because ernment. necticut (Ms. DELAURO). of whether it be for glasses or some Mr. Speaker, the minimum wage in- Ms. DELAURO. Mr. Speaker, let me other benefit that is not covered by crease was just left out. And, again, we make two quick points. My colleague, Medicare, we will see even more sen- are talking people who are working the gentleman from Maine, when he iors who do not have some type of hard. We are not talking people who was talking about the Republican argu- copay or prescription drugs. are on public assistance. Workers at ment on the Democrats raiding social This person said he liked his doctors, minimum wage with two children in security trust fund, it is somewhat dis- he liked his hospital, but he just could the family, they are still well below ingenuous when we have the majority not afford to continue paying because the poverty line. That is why I think it leader of the Republican party who, in HMOs are raising the deductibles and is bad we did not take it up much soon- 1984, indicated that social security was dropping some of the coverage for er and seriously discuss it in October a rotten trick, a bad retirement, and Medicare. and early November. who only in recent years talked about The unfinished agenda I think is im- Let me talk about the managed care. phasing out social security. portant to talk about it, because not I know that some time has been spent So this sense of the Republican ma- that I do not want to go home and we on it by my colleagues tonight, and the jority saving social security, I think do not want to go home. In fact, I go gentleman from New Jersey served on the public sees through that, given the home every weekend and I enjoy it. I the health task force, he is the Chair of history. get to see my family and I love the dis- that in our caucus. It worried me when But I wanted to make a quick point trict I represent and to do things in the Speaker appointed only one Mem- on the issue that the gentleman that district. But there are some ber to the conference with the Senate

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.179 pfrm02 PsN: H16PT1 H12086 CONGRESSIONAL RECORD — HOUSE November 16, 1999 that voted for the bill. Today, I think the Senate passed, we passed a strong of the few things that I think we could Congress Daily said the Speaker’s of- bill here, but the majority, the Repub- say that we finished and it was passed fice said, well, his concerns and reason licans put again out of 13 conferees, I and signed by the President. there is not going to be any more peo- think only one voted for the final So lack of a real managed care re- ple added to it, only one person who version. I think that sends a message form effort that should have started voted for the bill that passed on a bi- to the American people. And I hope earlier this year. Prescription drugs is partisan basis on this floor, is that he they continue to remember, and I am something that we have been talking is concerned about coverage. They going to be here as long as I can over about on our side of the aisle for over want more people covered. the next few weeks and next months a year, and it is beginning to hit be- Great. I would like to do that too, when we come back to talk about how cause again a lot of the seniors who are and I think we share that. But let us real managed care reform needs to be fortunate enough to have an HMO not try and eat the whole apple at one passed and that is an unfinished agenda which has prescription coverage are bite. We have to deal with people who we have for this year. now seeing that benefit reduced. Hope- are fortunate enough to have coverage Frankly, we could have dealt with fully not eliminated, but reduced. And now and make sure they have adequate that much earlier if it had not come up we need to solve the problem before it coverage. I would like to, tonight or to- in the middle of October. The gen- becomes such a crisis for our seniors. It morrow, start drafting a bill that tleman from New Jersey and I are is already a crisis for at least a third of would talk about expanded health care, members of the Committee on Com- the people who have no benefit at all. because I come from a district that is merce, the Subcommittee on Health Again, coming from Houston, I have traditionally underserved and we have and Environment. It would have been seniors who are willing to drive to a lot of employers who cannot afford nice if we would have held hearings on Mexico, which takes 61⁄2 hours. But insurance. Or maybe they do pay part the bill, instead of waiting to Sep- most people cannot afford to do that, of it, but their employee has to pay tember to have a few hearings on it. whether it be physically or financially, part of it. That employee, if they are This was such a major issue last ses- to go down to buy cheaper drugs, or to minimum wage or a little higher, they sion of Congress and in this session of go to Canada in the northern part of are busy just trying to cover their Congress, it should have been dealt our country. weekly needs, rent and fuel and insur- with in the spring and maybe today we Social Security Trust Fund. The ance. Not health insurance, but insur- could be congratulating ourselves on safeguarding. I know we talked about ance on their car, because it is manda- the agenda that we did accomplish. So that earlier and we have not had any tory in most of our States to come and that is what really bothers me. long-term safeguarding. But I would go from work. So people do not have The tax cut; I know we spent so long hope that maybe when we come back that. this year talking about this hundreds after the holidays and New Years, and So I would like to start on that, and of billions of dollars in tax cuts. And, of course next year is an election year I would wish they would not use the again, I sometimes have constituents and people say Congress does not do managed care reform bill as the whip- who come to me and say, ‘‘Wait a anything during an election year. I ping post, because that is what they minute. We want you to talk how we hope that is not the case. Hopefully, we are doing. I do not think they have any understand you. Do not talk in will respond to the demands of the seriousness about expanding coverage. ‘Washingtonese.’ ’’ and I tell them, American people, one, because of the Managed care needs to be dealt with as ‘‘With my accent, I do not think any- managed care reform needs and also a its own issue, because those are people body would say that I talk in prescription drug benefit. who are fortunate enough to have some ‘Washingtonese.’ ’’ But one of the The President has a proposal that type of insurance. And, again, I speak things that I asked some folks, I said: would expand Medicare coverage. But from coming from the State of Texas Wait a minute. If this tax cut was so there is a bill that our colleague from where all the protections that we important and it was such a great po- Maine and the gentleman from Texas passed on this floor, they are already litical issue, why did we not have a (Mr. TURNER) and a bunch of us signed in State law and of course have been veto override vote here on the floor of on to that does not cost very much for 2 years. the House or the Senate? Why did we Federal money a lot all. All it would do Eliminating the gag rules between not have an effort to do that? is allow HCFA to negotiate just like the doctor and their patients. Outside I think when I went back home in HMOs now do for reduced medication swift appeals process. Medical neces- August and when our colleagues went costs for their seniors who are mem- sity. Making sure the doctor is the one back home and talked to a lot of peo- bers of their HMO, just like as the Fed- making that determination. Account- ple, they found out that the tax cut eral Government, the Veterans Admin- ability. Accountability for those med- was not the top of the agenda for most istration does. They negotiate with ical decisions. Again, I know the fear is folks. Health care concerns, education prescription drug companies to be able we are going to see lots of folks go to concerns. The economy is good. They to reduce prescription costs to vet- the court house. In Texas, we have not did not want Congress to mess things erans, because that is part of the serv- seen that run on the court house. In up because the economy is so good for ice that is provided for our veterans fact, I do not think there is more than such a large percentage of the Amer- who served our country. half a dozen, or not even that many ican people. So maybe it was that we Mr. Speaker, that would have so lit- cases, that were filed simply because spent so much time this year talking tle Federal cost that it was something the appeals process works. They are about this huge tax cut that, again, it that we really should have been talk- finding over half the time in favor of would have literally devastated our ing about in the spring and say, hey, the patient and not necessarily for who country. let us see if this works. Let us at least made that decision in the HMO bu- I think over the next 10 years, be- have some hearings on it and see where reaucracy. cause the demand we had, we have a everyone sits down and comes around The other concern we have as part of growing country. That is great. We on it. If there is a problem, let us try our bill is that patients do not have to have growing demands both for our and fix it. That is what the legislative drive by an emergency room to get military, defense, we have growing de- process is about and that is what we care. If the HMO may have been fortu- mand for the INS, for the Border Pa- have not been doing for this year. nate enough to make a deal with an trol. We have a growing demand, and so Again, I am disappointed because I emergency room that is 15 miles away many people say, ‘‘Sure, I would like to have served a lot of years as a legis- and the patient is having chest pains or have a tax cut. But I do not want them lator and I enjoy problem-solving like breaks a leg, then, sure, they want to not to be able to staff an aircraft car- some of my colleagues on the Repub- go to the closest emergency room and rier,’’ although I hope we do not build lican side, but we have not had that op- then be transferred. But our bill pro- one that we do not want. ‘‘I want to portunity this year. Let us problem- vided for that. make sure that our military personnel solve with managed care reform, pre- That is why it worries me that we are have a pay increase,’’ and that was part scription drug benefits and a minimum going to see not only a weak bill that of the bill that we did pass. That is one wage increase. However we have to

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.181 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12087 couch it to make sure it can be bene- to make sure that this unfinished agen- the Currency (OCC) announced it was closing ficial to so many people. da that we have been talking about to- the bank and appointing the FDIC as receiver. Again, I thank the gentleman from night, that we address it and that we Bank examiners had discovered that loans on New Jersey for taking the time tonight force the Republican leadership to ad- the bank's books totaling $515 million were and asking for this special order, but dress it when we come back in Janu- missingÐitems that represented roughly half also to say we know we have not fin- ary. the bank's $1.1 billion in total reported assets. Other overstated assets, questionable ac- ished our job. And as much as I want to b 2115 go home and be with my family in counting practices, and credit quality problems Houston, I would like to be here to get The President will deliver his State push the total expected losses toward the 750 our job done. And if we could stay for of the Union Address. I know he is million dollar mark. The picture that is emerg- another week, I would be glad to take going to talk about prescription drugs ing is of an institution which, in recent years, up prescription drugs and HMO because because he set the pace for that last reported high profits at the same time man- it would be a much nicer Christmas for year. That and these other priorities agement pursued dubious investment strate- the American people if we had some- have to be met. But we will be here. We gies and, ultimately, mischievous techniques thing to take home to them. will be determined that we are going to to hide massive losses from the scrutiny of ex- Mr. PALLONE. Mr. Speaker, I appre- deal with this unfinished agenda. aminers. ciate what the gentleman said. It is so Mr. GREEN of Texas. Mr. Speaker, It will take some time for criminal true. We know because just for the last like the gentleman from New Jersey investigators and Federal bank regu- few days when we were home for Fri- (Mr. PALLONE) said, we will, like the lators to unravel the full story of this day over the couple of days we had Terminator, we will be back. But it bank failure, but it is not too early to around Veterans Day, that that is what would not hurt me if we stayed a few ask if Federal regulators properly su- I am hearing. I am hearing from my days to get some of these things done. pervise the institution and pruden- constituents about these unfinished The gentleman and I know, if we have tially stewarded the deposit insurance fund which back-stops risks in the needs and about the prescription drugs not done them in the 11 months we banking system. For 5 or 6 years, red and the HMOs. have been here, we are not going to do The one letter that I read earlier, them in the next couple of weeks. flag practices should have alerted regu- this is from a gentleman who actually Mr. PALLONE. Mr. Speaker, we still lators that the high-risk asset manage- ment strategies employed by Keystone had a Medicare plan that included the do not control the process because we were hardly of the kind expected in a prescription drug benefit and now it are in the minority. rural institution situated in a West has been dropped completely. So I am Mr. GREEN of Texas. Mr. Speaker, Virginia town of 627 residents and war- getting all of that. I am getting a lot of they do not let the gentleman from New Jersey and I bring bills up on the ranted vigilant supervisory measures. people who had the benefit completely From 1992 to 1998, Keystone increased floor. dropped and others for whom it costs a its assets tenfold to over $1 billion as it lot more. f offered depositors up to 2 percentage The one thing that the gentleman FAILURE OF FIRST NATIONAL points more in interest than compet- from Texas said that I wanted to high- BANK OF KEYSTONE itor institutions. Rather than expand- light again, before we conclude to- The SPEAKER pro tempore (Mr. ing small business and agricultural night, is a lot of times I think that the loans in its West Virginia market area, Republican leadership thinks that the TANCREDO). Under a previous order of the House, the gentleman from Iowa Keystone engaged in a high-risk strat- American public, that they can pull egy of buying, securitizing, and selling the wool over their eyes, that they do (Mr. LEACH) is recognized for 5 min- utes. subprime loans made to and by people not really understand what is going on the bank hardly knew. Management Mr. LEACH. Mr. Speaker, I rise to down here, that a lot of people do not practices were reminiscent of those speak on the last day of the session pay attention. And we always hear that witnessed during the S&L crisis of the about the introduction of a small bill people do not pay attention to what 1980s. Rapid asset growth, risky invest- related to what some might argue is a goes on in Congress. ment activity, and the practice of pay- small event involving the loss by the Mr. Speaker, I find just the opposite ing hyper-competitive interest rates Federal Government of an amount of to be true. When we had that situation were augmented by legal and adminis- money that would be considered gar- with the trillion-dollar tax cut that the trative tactics designed to thwart regu- gantuan in every respect except its rel- Republicans put forth during the sum- latory oversight. mer, which was mostly to pay for the ative size to the United States Govern- A combination of lax management and weak wealthy, to help the wealthy and the ment budget. supervision by the bank's board were condu- corporate interests, I was amazed when Given all the budget decisions involv- cive to the imprudent and allegedly fraudulent I went home because everybody always ing issues like Medicare, defense spend- activities that have been uncovered. Over the says the public is selfish, they want a ing, and U.N. funding, this Congress past several years, the OCC made futile at- tax cut. They are not going to worry should be aware that three-quarters of tempts to curb Keystone's go-go activities with about the implications of it. I found $1 billion has just become obligated various enforcement actions and civil money just the opposite was true. outside the budget process because of penalties; but, in hindsight, the measures were Everyone, particularly the seniors, regulatory laxness related to the fail- too weak and too late. The OCC pushed for understood exactly that that was not a ure of one rural bank, the First Na- management changes, but the bank's board tax cut that was going to help the av- tional Bank of Keystone, West Vir- resisted. Several experienced officers were erage person and that for senior citi- ginia. hired in 1999; however, the board gave them zens it meant that there would be no The facts revealed to date suggest the cold shoulder and they quickly resigned. In money left to deal with the solvency of that this failure may cost the Bank In- May of 1999, an external accountant, Grant Medicare and Social Security. surance Fund far more than the Fed- Thornton, conducted an independent audit as I think that is why when we came eral Deposit Insurance Corporation es- required by the OCC, and issued an unquali- back, there was no effort to override timated the fund would lose from all fied opinion of the bank's 1998 financial state- the President’s veto and we really have bank failures this year. Indeed, the ex- ments. The firm detected no fraud. Just a few not heard any more about it for the pected loss is so high that it could months later, however, federal examiners last 2 or 3 months because they realize make Keystone not only one of the 10 found that a half-billion dollars were missing that the public got it and that the pub- most expensive bank failures ever, but from the bank's claimed assets. lic understood that that was wrong and also one of the most spectacular for The delay in uncovering the losses that it was taking away from other any institution of any size with losses apparently occurred in part because more important priorities. I do not approaching an astounding 70 percent bank management engaged in a sus- know if it will stop them, because as I of the bank’s assets. tained pattern of obfuscation. Another said before, we hear that the Speaker is The public first learned of the failure of First tactic of Keystone management was talking about bringing up another National Bank of Keystone September 1, not unlike that employed 15 years ear- major tax cut in January. We just have 1999, when the Office of the Comptroller of lier by Charles Keating. One of the

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.183 pfrm02 PsN: H16PT1 H12088 CONGRESSIONAL RECORD — HOUSE November 16, 1999 hallmarks of the Keating tenure to the tory communication among the FDIC, the The turf battle over the number of exam- S&L called Lincoln was the hiring of OCC, and other federal regulators in routine iners reflected the substantive disagreements many high-powered attorneys to rep- cases appears to be the norm, the Keystone the two agencies had over the bank's oper- resent his interests. When challenged, case reveals some potentially serious flaws in ations. The FDIC in 1998 questioned the valu- Keating and his people had a habit of the federal oversight system. ation of the residual assets on Keystone's threatening regulators and the United The tension between the OCC and the books and the potential loss exposure of the States Government with lawsuits. FDIC over Keystone was particularly evident bank's subprime lending activities. In par- In Keating-esque fashion, Keystone in the period leading up to the 1998 examina- ticular, the FDIC believed that Keystone's went so far as to hire a former Comp- tion of the bank. Instead of welcoming FDIC valuation of its residual assets, which com- troller of the Currency to contest the expertise and assistance in analyzing the in- prised over 200 percent of keystone's capital, OCC’s supervisory activities. In an es- creasingly complex operations of the bank, the was not supported. After the OCC agreed to calated twist, examiners on bank prem- OCC initially denied the FDIC's request to par- limited FDIC participation in the 1998 exam- ises were so harassed and felt so ticipate in a bank examination. The OCC says ination, the FDIC contends that its examiners threatened that the OCC had to request its decision was based in part largely on con- were to remain on site until all questions about United States marshals to protect cerns that the inclusion of additional FDIC ex- the bank's accounting and recordkeeping were them when they were going over bank aminers might exacerbate the increasingly dif- answered. The OCC, however, completed the records. ficult environment for the examiners at the on-site portion of the examination in 15 work- In addition to similarities with re- bank and heighten management's resistance days without obtaining sufficient support for spect to the 1980’s go-go activities of to examiners' requests for information. the residual valuation and without completing S&Ls that cost American taxpayers ap- Retired examiners, like old soldiers and ath- the reconcilement of balance sheet accounts, proximately $140 billion, the Keystone letes, sometimes have a tendency to exag- leaving FDIC examiners with no resolution to case adds new elements. The profile of gerate reminiscences. In a discussion about this critical concern. When the bank's account- questionable bank leadership is no Keystone, one opined to me the other day that ant finally provided the missing information to longer simply the smooth-talking male the old rule was if a bank ever displayed re- the OCC at a meeting in January 1999, the huckster, but it would now appear that luctance in cooperating with examiners, a swat FDIC reports that it was neither invited nor team of accountants should immediately be Keystone’s cops, Federal banking au- even informed of the meetingÐthis despite the brought in, and if intransigence continued, the thorities, were taken in by a scam per- fact that the FDIC had specifically asked to be bank should immediately be closed. This per- petrated by an institution headed by a kept fully informed as insurer and backup su- spective may be callously insensitive to law grandmother. pervisor on issues relating to Keystone. Simi- and to a system where agencies because of With the threats to examiners and larly, the OCC did not invite the FDIC to an their extraordinary authority have an obligation recent discovery that three truckloads April 1999 meeting with the developers of the to act with great caution. But one truth is self- of bank documents were buried on the bank's residual valuation model, which was a evident: bank intransigence is a reason for property of a senior bank official, in- primary FDIC concern because it was central more, not fewer, examiners. dictments have been issued for obstruc- In this regard, it is noteworthy that the OCC to determining the risk to the Bank Insurance tion of a Federal examination, an un- itself has acknowledged that by September of Fund. usual legal precept which some may 1997 it considered Keystone's extensive prob- The bureaucratic turf battle over Keystone find humorous; others, chilling. lems required a ``significant amount of exam- disturbingly reveals flaws in the current sys- Keystone’s failure has not only re- iner expertise.'' For it then to suggest that its tem. While the FDIC, to the maximum extent vealed costly inadequacies at the field objection to having FDIC professionals join the possible, should coordinate examinations with supervisory level, but also flaws in OCC in examinations of Keystone related less other regulators, it has long been the assump- interagency cooperation in Wash- to turf concerns, than to apprehension that tion of legislators that the FDIC could, at its ington. feathers would be ruffled at the bank, is pro- discretion, fully participate in examinations For this reason, I have today intro- foundly indefensible. with other regulators or conduct special exami- duced H.R. 3324, a bill designed to bol- Concerned that Keystone posed a serious nations of any federally-insured institution ster the independence of the Federal risk to the insurance fund, FDIC staff decided without delay or interference whenever it iden- Deposit Insurance Corporation. to elevate their request to take part in the tified a risk of loss to the insurance fund. The By background, state chartered banks are 1998 examination to the full FDIC board, of Keystone incident shows the FDIC to be co- regulated primarily by state banking agencies which the Comptroller is one of five statutory erced, not by the regulated, but by its fellow with the Federal Reserve serving as the pri- members. In the end, they chose not to regulators, who have a shared accountability mary federal regulator for state members. Na- present the case to the board because, after with the FDIC to the American taxpayer. tional banks are regulated by the OCC, and a lengthy delay, the OCC eventually acqui- The FDIC has a unique role in our financial holding companies of all banks are regulated esced to limited FDIC participation. But what system and it must be insulated from regu- by the Federal Reserve. Analogously, state has become apparent in extensive discussions latory turf battles and political considerations. agencies regulate state chartered savings and with FDIC and OCC staff is clear resistance It is instrumental in maintaining the safety and loans, and the Office of Thrift Supervision on the OCC's part to FDIC review of banks in soundness of the banking industry, and is re- (OTS) serves as the federal thrift regulator. certain difficult situations and of some timidity sponsible for safeguarding the deposits of cus- The FDIC is a back-up regulator for all feder- of FDIC staff to challenge Treasury Depart- tomers of all insured financial institutions. Im- ally-insured institutions (banks and S&Ls) be- ment hegemony. plicitly, the FDIC also has a role in assuring cause it is responsible for stewardship of the Although the OCC reversed its original posi- competitive equity. By safeguarding the insur- deposit insurance system. It is also the pri- tion just one week before the June 30, 1998, ance funds it keeps insurance premiums as mary federal regulator for state chartered FDIC board meeting at which this issue was to low as possible and protects well-run institu- banks which are not members of the Federal be discussed, it would appear that the OCC's tions from assuming liabilities associated with Reserve system. In order to avoid, to the max- reluctance to involve the FDIC in the examina- high flyers. imum extent possible, duplicative regulation, tion and other important meetings may have It would appear that the FDIC, in its role as the regulators are expected to cooperate and contributed to a lesser FDIC involvement than guardian of the insurance funds, should have coordinate their examination activities. On the was warranted. For example, in February of taken a more aggressive stance in insisting on whole, this cooperation works, well, in part be- 1998, the FDIC asked for three examiner slots its authority to examine Keystone. In response cause America's banking system is so strong. for the upcoming 1998 examination, but the to a letter of mine on the subject, the FDIC But just as there is private sector competition OCC agreed, in the week before the June made a strong case that it should have been for profits, there can at times be public sector Board meeting, to allow only one. Although given a more active role in Keystone examina- competition for power, in this case, regulatory the OCC later agreed to permit two FDIC ex- tions. Yet the agency did not rigorously pursue jurisdiction. aminers, its basis for wanting to limit FDIC in- its rights and obligations in the matter. For ex- From a Congressional perspective, the Key- volvement is not clear. Less than a year later, ample, the FDIC initially agreed to the OCC's stone failure is worrisome because it appears after Keystone's condition had further deterio- terms of allowing only one FDIC examiner in that the FDIC was stymied at key points in its rated, the OCC agreed to allow seven FDIC the 1998 examination of Keystone despite its desire to conduct reviews of the bank's activi- examiners to participate in the 1999 examina- judgment four months earlier that it needed ties. The regulatorsÐthe OCC and the FDICÐ tion. It was during that examination that the three. If the FDIC had serious concerns about failed to cooperate closely. Although satisfac- stunning losses were uncovered. Keystone's threat to the fund, it had a fiduciary

VerDate 29-OCT-99 06:25 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00116 Fmt 7634 Sfmt 9920 E:\CR\FM\K16NO7.186 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12089 obligation to press its case to the Board that were vacant, and the FDIC's board, then fect, in control; it has veto power over FDIC three examiners were needed and should be dominated by the two Treasury representa- participation. This is clearly contrary to Con- approved. tives voted to end this long-standing agree- gressional intent that the FDIC operate as an Concern also exists about the length of time ment. The new policy reserve to the FDIC independent agency and that it alone be able that elapsed between the FDIC's February Board all decisions regarding concurrent or to determine whether an examination is nec- 1998 request to participate in the Keystone special examinations, regardless of the rating essary for insurance purposes, without undue examination and its planned presentation of of the institution. This change in policy was influence by another federal regulator. the case to the Board in June. While this entered into despite an explicit written commu- From a broader perspective, I might add delay allowed the agencies time to negotiate nication to the FDIC by then-House Banking that since looking into the details of the Key- before the start of the examination, the FDIC Committee Chairman Henry B. Gonzalez and stone case, I have learned that a lack of co- should have acted on a more forceful and me, the then-Ranking Member, that Congress operation is rare, but not isolated. Despite the timely basis to resolve the disagreement. had serious reservations that the proposal generally constructive working relationship While coordination among the agencies is im- under consideration would have the effect of among federal bank regulators in some 90 in- portant, cooperation should not overshadow the FDIC improperly derogating its authority. stances of back-up examinations over the past the FDIC's primary responsibility to protect the While the OCC board member seemed four years, there have been, in addition to safety and soundness of the insurance funds. sympathetic at the time to the need for FDIC Keystone, four other cases in which the pri- In attempting to understand the interagency special examinations for `4'- and `5'-rated insti- mary regulatory agency initially rejected the conflict that existed in the supervision of Key- tutions, he clearly had concerns about FDIC FDIC's request to participate in an examina- stone, it is instructive to review the legislative involvement in higher-rated institutions. Yet, tion. Three of these cased involved the OCC history of the FDIC's authority to examine na- the FDIC Acting Chairman and FDIC staff who and the other the OTS. In all four instances, tional banks and other insured institutions. attended the meeting insisted that under cer- as with Keystone, the primary agency ulti- Prior to 1950, the FDIC could utilize its special tain circumstances it may be more important mately agreed to some form of FDIC participa- examination authority to examine a national to involve the FDIC as back-up supervisor in tion without formal board action. bank only with the written consent of the OCC. examinations of deteriorating `3'-rated banks The record of these five cases confirms that This veto power over the FDIC proved unten- than in the examinations of `4'- and `5'-rated disagreements among agencies are the ex- able and the House passed legislation that institutions with already identified and ad- ception, rather than the norm There are also year, which permitted the FDIC to examine dressed problems. Keystone is a case in no indications that the FDIC is capriciously national banks as back-up supervisor without point. using its back-up authority. Nevertheless, the the OCC's written consent. In conference with Two years later, in 1995, the FDIC board Keystone failure makes a graphic case that the Senate, however, the bill was modified to delegated authority to its Division of Super- the current process needs improving. require the full FDIC boardÐof which the OCC vision to authorize participation in certain Accordingly, to reinforce FDIC independ- is a memberÐto authorize any special exam- back-up examination activities of institutions ence on matters affecting the insurance fund, ination requests. This provision has survived when the FDIC is invited by the primary regu- I have introduced today legislation (H.R. 3374) to this day as Section 10(b)(3) of the Federal lator, or when the FDIC asks and the primary to give the FDIC Chairman authority in special Deposit Insurance Act. While more restrictive regulator does not object. In cases such as circumstances to direct FDIC examiners to ex- of FDIC independence than the original House Keystone, however, when the primary regu- amine any insured institution, instead of the language, the 1950 change in law ended the lator objects, FDIC policy dictates that the current provision vesting such authority with ability of other agencies to veto FDIC partici- case must be brought to the full FDIC Board the FDIC Board of Directors. This authority will pation in examinations as back-up supervisor, regardless of the rating or conditions of the continue to be used only when, in the words as was possible from 1935 until 1950. In 1950, the FDIC board consisted of three bank. of Section 10(b)(3) of the Federal Deposit In- Unfortunately, the FDIC Board has not had members. Only the Comptroller was from the surance Act, an examination is ``necessary to its full complement of five directors since an Treasury Department; the other two directors determine the condition of such depository in- independent director resigned over a year were affiliated only with the FDIC. In 1989, the stitution for insurance purposes.'' The legisla- board was changed to the current five-mem- ago, which results in Treasury having influ- tion would require that in exercising this au- ber format. There are now three independent ence disproportionate to Congressional intent. thority all reasonable efforts be made to co- members, plus the heads of the OCC and the During this period of time, the Administration ordinate with any other appropriate regulator OTS, who represent the Treasury Department. has failed to submit a nominee for this current and to minimize any disruptive effect of a spe- This arrangement does not give Treasury vacancy on the FDIC board. The result is that cial examination on the operation of the de- agencies majority control under normal cir- proposed actions or policies supported by the pository institution. The intent is not to press cumstances. When, however, there is a va- two independent FDIC directors can be new FDIC regulation on the banking system, cancy in one of the three FDIC positions, half blocked by the two directors who are affiliated but simply to stress that in unusual, special of the four remaining board members rep- with the Treasury agencies, the OCC and the circumstances the FDIC must be able to act resent agencies of the Treasury Department. If OTS. This is not good governance. By failing as an independent, rather than subordinate, two of the independent seats were to be va- to nominate a person for the unfilled board po- agency of government. cant, the Treasury Department would effec- sition, the Administration has forced the FDIC I believe this legislation will help assure the tively control the FDIC board. This is not an to operate without clear independence from safety and soundness of the American finan- insignificant matter, considering that the cur- the power considerations of the OCC and cial system and protect the insurance funds by rent statutory language regarding FDIC back- OTS. Such a situation could have been a fac- underscoring statutorily the long-term intent of up examination authority was written at a time tor in the FDIC's decision not to vigorously Congress that FDIC back-up authority must be when the majority of the FDIC's original three- pursue in the Spring of 1998 its original re- of an independent nature. The Chairman member Board reflected control by an inde- quest in the Keystone case. The bottom line is would be required to notify other FDIC board pendent agency, rather than a Cabinet depart- that all regulators share a common responsi- members (and the Federal Reserve and State ment. bility to protect the safety and soundness of banking authority as applicable) whenever he However, when there is a vacancy on the the U.S. financial systemÐa responsibility that or she makes such a decision. As the custo- FDIC board, the Treasury Department as- should not be affected by turf concerns. dian of the insurance funds, the FDIC must be sumes a larger role than Congress intended, The OCC's principal response to date in the allowed to perform its role as a backup regu- and the FDIC's back-up authority can be sub- aftermath of the Keystone failure has been to lator on a timely basis whenever cir- ject to challenge. From 1983 until 1993, for declare that all FDIC requests to participate in cumstances warrant. example, the OCC and the FDIC operated an OCC examination or conduct a special ex- It is worth noting that the Inspector General under an agreement whereby the OCC would amination of a national bank will now be con- (IG) of the FDIC has come to similar conclu- invite FDIC participation in examinations of sidered directly by the Comptroller himself. sions. In an October 19, 1999, memorandum banks with composite `4' and `5' ratings indi- While this procedure is certainly better than to the FDIC Chairman, the IG recommended cating a troubled bank; additionally, the OCC having OCC staff deny a request and forcing that the FDIC board delegate its special exam- would allow FDIC participation in examination the FDIC to ask the board for approval, the re- ination authority to the FDIC Chairman or that of higher rated banks, with an emphasis on sponse is still inadequate because it would do the law be amended to vest that authority in `3'-rated banks. nothing to address the potential for undue the Chairman. The legislation I am introducing In September 1993, this collegial arrange- Treasury agency influence on the FDIC Board. today would address the IG's concerns, as ment changed. Two of the independent seats When a vacancy exists, the Treasury is, in ef- well as my own.

VerDate 29-OCT-99 06:27 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00117 Fmt 7634 Sfmt 9920 E:\CR\FM\A16NO7.133 pfrm02 PsN: H16PT1 H12090 CONGRESSIONAL RECORD — HOUSE November 16, 1999 The IG argued that the agency's backup ex- and BestBank also engaged in similar tactics Security lockbox legislation by an amination authority was particularly critical in to frustrate federal examiners, and fraud is al- overwhelming 416 to 12 vote. The pas- this era of increasing bank consolidation. leged to have played a part in the failure of sage of this Social Security lockbox While the ``megabanks'' created by recent both. Unfortunately, I suspect we may also legislation showed that House Repub- mergers pose the greatest risks to the insur- find some parallels in how federal regulators licans and Democrats agree that Social ance funds, the FDIC is the primary regulator handled the two cases. The FDIC IG, in con- Security dollars should not be spent on for only two of the nation's 39 largest institu- ducting the material loss review in the programs unrelated to Social Security. tions. Obstacles to future FDIC access to rel- BestBank case, concluded that the FDIC could Congress made the commitment to evant information about megabank operations have been more effective in controlling the stop the raid on Social Security. in its role as back-up supervisor could have bank's rapid asset growth and thus curbing Shortly later, however, President consequences far greater than the Keystone losses to the insurance fund. Clinton joined our bipartisan effort and case. While we do not yet know the final outcome committed the administration to pro- To assess risk in large institutions where it of the investigations into either of these recent tecting Social Security. That was over does not have an ongoing presence, the FDIC bank failures, it is clear that the banking agen- 5 months ago. requires timely information and records on im- cies need to continue to review their super- Unfortunately, I am afraid, today is a portant aspects of operations. Therefore, the visory strategies for banks engaging in inher- different story. While House Repub- bill I am introducing also includes language ently risky activities, such as subprime lend- licans are continuing to honor our emphasizing the right of the FDIC to prompt ing. Accordingly, I am asking each of the fed- steadfast commitment to protect sen- access to information from other regulators eral banking regulators to keep the Committee iors’ Social Security, I have great con- and requiring the federal banking agencies to informed of any new policies and procedures cerns about the recent actions of the establish procedures for sharing other informa- for identifying institutions with profiles similar Clinton-Gore White House and congres- tion, in addition to examination reports, when- to those of Keystone and BestBank, and any sional Democrats. The current budget situation re- ever such information is relevant to the FDIC's changes in their supervisory practices with re- quires that every increase in spending responsibility to protect the insurance funds. spect to such institutions. Also I am interested be offset. Currently, if spending is not This provision of the bill underscores the im- in any initiatives that would assist examiners offset, it is drawn directly from sen- portance of interagency coordination and infor- in the detection of fraud, which is becoming a iors’ Social Security dollars. Over the mation sharing to ensure that the FDIC has factor in an increasing percentage of failures. past few weeks, President Clinton has the necessary data to assess risk to the insur- In this regard, I am pleased to note that FDIC vetoed five appropriations bills because ance funds. It is intended to have the practical Chairman Donna Tanoue recently announced benefit of potentially minimizing the number of he says they do not spend enough. Yet, that the FDIC is developing guidelines to re- the President has not offered a single occasions in which the FDIC must exercise its quire additional capital for subprime portfolios special examination authority. solid proposal to pay for those spending and reviewing potential increases in insurance increases. It appears the President may The vast majority of institutions will not be premiums for banks that continue to engage in affected in any way by this legislation. For be willing to spend Social Security dol- high risk activities of this nature without appro- lars to pay for his spending projects. most institutions, the FDIC does not need any priate safeguards. special information other than that already Mr. Speaker, Congress and the Presi- In closing, the insurance fund should not dent are faced with a very clear choice: available to it, nor does it need to perform any have to suffer an excessive loss during this form of back-up examination. But, clearly, in ask Federal agencies to save one era of generally favorable economic condi- penny, just one penny of a dollar in cases where the potential risk to the fund is tions. Expensive failures impose unfair costs greatÐbanks with significant weaknesses, es- waste, fraud, or abuse so we can pro- in the form of higher insurance premiums on tect Social Security or give in to the pecially if they are megabanks with exceed- honest, law abiding community banks around big Washington spenders and raid sen- ingly complex activitiesÐthe FDIC should be the country. Failures also impose costs on de- iors’ Social Security dollars. able to function as Congress expects it to positors whose accounts exceed insurance Amazingly enough, there are still function and receive from the primary regu- limits. And, as illustrated by the Keystone people in Washington that do not be- lator the information it needs to assess rel- case, failure can take a heavy toll on the local lieve the Federal Government can evant risk. community and those whose jobs depend on tighten its belt by just 1 percent. But I might add before closing that my concerns the survival of the bank. the American people know the truth. A in the Keystone case extend beyond the Clearly, it is critical that federal regulators recent poll conducted by the National issues of regulatory cooperation and FDIC cooperate with each other and pay particular Taxpayers Union revealed, let me show special examination authority. There are also attention to unusually rapid asset growth and my colleagues this poll, revealed that troubling questions here about the regulators' potentially risky banking practices if future over 84 percent of Americans believe ability to identify and stem high risk bank ac- Keystones and BestBanks are to be averted. that there is not just 1 percent waste in tivities in a timely fashion. There was another f government, but they felt there was at bank failure involving extremely high losses least 5 percent of waste in unneeded relative to assets just over a year ago. On July STOP 39-YEAR RAID ON SOCIAL SECURITY TRUST FUND spending in the Federal spending. 23, 1998, Colorado State Banking authorities Surely, if 84 percent of the American closed BestBankÐan FDIC-supervised state The SPEAKER pro tempore. Under people believe that there is at least 5 bank located in BoulderÐafter state and FDIC the Speaker’s announced policy of Jan- percent of waste, the President and the examiners found $134 million in losses in uary 6, 1999, the gentleman from Cali- Congress can work together to find just high-risk, unsecured subprime credit card ac- fornia (Mr. HERGER) is recognized for 60 1 percent or one penny of waste in counts. Although the FDIC initially estimated minutes as the designee of the major- order to protect Social Security dollars the cost of that failure to the insurance fund at ity leader. so many seniors, so many seniors rely about $28 million, by year's end the estimate Mr. HERGER. Mr. Speaker, I have upon. had risen 6-fold to $171.6 million. I mention come here to join several of my col- Let me present my colleagues with the BestBank case because of its striking simi- leagues in talking and speaking out on some examples of waste, fraud, and larities to the Keystone case. Like the junk- stopping the 39-year raid on the Social abuse that we have found in the Fed- bond investments of S&Ls in the 1980s, both Security Trust Fund. Mr. Speaker, eral Government. The National Park BestBank and Keystone were disproportion- Congress and the President have come Service spent $1 million to build an ately involved in high-risk activities, namely upon the historic opportunity to bal- outhouse at Glacier National Park in subprime loans. Both banks relied heavily on ance the budget without spending one Montana. The expense was explained outside, third party servicers. Both banks had penny of seniors’ Social Security Trust by the outhouse’s remote location. The experienced extraordinarily high asset growth. Fund. For nearly 4 decades, the raid on outhouse is located nearly 7 miles from Both banks had high public profiles: In the Social Security has gone on, taking the nearest road, and it took hundreds mid-1990's, BestBank was labeled in one over $850 billion in Social Security of horse trips and more than 800 heli- banking publication as the ``best performer funds and spending them on unrelated copter drops to get the construction among U.S. banks,'' and Keystone captured government programs. materials to the site. the title of the nation's most profitable commu- Mr. Speaker, 168 days ago, just over 5 Another one, erroneous Medicare nity bank for three straight years. Keystone months, this House passed my Social payments that waste over $20 billion

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.136 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12091 annually. Another, the Department of Now, we have made progress. That is sense.’’ And a lot of the time here in Education maintains a $725 million the good news, Mr. Speaker. Because at Washington, with all due respect to my slush fund, which it cannot account the podium behind me here 11 months friends at the State Department, and I for. The Department of Housing and ago the President of the United States think I know why they call the loca- Urban Development, HUD, estimated it came to deliver his State of the Union tion Foggy Bottom, but apart from di- spent $857 million in 1998 in erroneous message, and in that speech he pro- plomacy it also works in terms of eco- rent subsidy payments in fiscal year posed to save 62 percent of the Social nomics. Sometimes we get things way 1998, about 5 percent of the entire pro- Security Trust Fund for Social Secu- too complicated and we have a battle gram budget. rity, which a quick check of mathe- of acronyms; CBO, OMB, GNP, all these Let me close with this for a moment, matics would imply, and what was not different terms. My colleague from and that is delays in disposing of more articulated that night but subse- California offers the solution in the than 41,000 HUD properties cost tax- quently outlined in more programs, the spirit of President Eisenhower, in the payers more than $1 million per day. President wanted to spend 38 percent, spirit of common sense, folks on both These are all examples of how Con- almost 40 percent of the Social Secu- sides of the aisle and across the polit- gress and the President can find one rity funds on new government spend- ical spectrum, because again he says penny, 1 percent out of a dollar in ing, new Washington programs. And we let us take a look at the 1 percent solu- waste, fraud, and abuse in the Federal are pleased that through our effort of tion. One penny of savings out of every Government. cheerful persistence, Mr. Speaker, we dollar of discretionary spending. Mr. Speaker, we are all in this to- were able to persuade the President of It ensures that we keep a promise to gether. We want to work with the the United States to truly join us in a today’s retirees and to future genera- President and Vice President GORE to program to save Social Security first tions, because now that we have estab- find this 1 percent so that we can pro- and agree that 100 percent of the Social lished the guidelines and achieved what tect Social Security dollars. We will Security funds should be spent on So- had not been achieved since 1960, and not, however, under any cir- cial Security. that is walling off, not using Social Se- cumstances, allow the Clinton-Gore ad- Now, that is scarcely a news flash to curity funds in the general revenue, ministration to dip into the Social Se- those of us who serve in the Congress balancing the budget over and above curity Trust Fund to pay for more gov- of the United States. Indeed, as my col- that, we dare not retreat at this point. ernment spending. league from California and as my good And so we say let us save one penny Mr. Speaker, with that, I yield to the friend from Texas who will join us here out of every dollar of discretionary gentleman from Arizona (Mr. momentarily will attest, that is some- spending. HAYWORTH), who serves with me on the thing we have heard from our constitu- Now, again, I mentioned the work of Committee on Ways and Means which ents in town hall meetings since we several different television networks, has jurisdiction over Social Security. several different newspapers, and mag- Mr. HAYWORTH. Mr. Speaker, I have come to the Congress of the azine articles that talk about govern- thank the gentleman from California United States. And even as the President has agreed ment waste. And Mr. Speaker, with the for yielding to me. He outlines the pa- with us on that firm foundation, and indulgence and the obvious modesty of rameters of what should be a common we are glad he could come around to the gentleman from California, I would sense, straightforward decision. Be- our way of thinking, we should also simply call the attention of this House cause in a government that has grown so large, so overreaching, so all encom- point out the good news that the media and the collective attention of the passing, we have heard Mr. Speaker, reported, although it was given scant American people, who may join us in from various media outlets of waste, attention, and we cannot articulate it hearing these words, to the efforts of fraud, and abuse. enough, and that is the folks who do my colleague from California on the One television network regularly the estimates, the calculations, for fis- Committee on Ways and Means with runs a feature entitled ‘‘The Fleecing cal year 1999, sharpened their pencils, reference to understanding who de- of America.’’ Another television net- got out their calculators, took a look serves Social Security payments and work runs a franchise and a report en- at the receipts coming into the Federal how to protect the program for retir- titled ‘‘It Is Your Money.’’ Government via taxation and other ees. Mr. Speaker, that is precisely it. The means, took a look at the expenditures My colleague from California (Mr. money does not belong to the Federal and, Mr. Speaker, the American people HERGER), in his efforts on the Com- Government. It belongs to the Amer- should understand this because it is a mittee on Ways and Means, introduced ican people. What we say is rather measure of how far we have come in a legislation that would make sure that straightforward and I believe fraught little under 5 years with a new major- felons behind bars would not receive with common sense. Because I hold ity in the Congress of the United Social Security payments. They have a here a penny, made with good Arizona States, the budgeteers found for the place to sleep, three meals a day. Now, copper, no doubt, and what we are sim- first time since 1960, when I was 2 years granted they do not have their free- ply saying, Mr. Speaker, is that, when old, when a great and good man named dom, but why on earth would they re- it comes to budgetary decisions, just as Dwight David Eisenhower lived at 1600 ceive Social Security payments? And families have to make those decisions Pennsylvania Avenue and served as initially the budgeteers said, well, to find savings, and, indeed, I happen President of the United States, for the there will be a few million dollars of to notice in the Arizona Republic on first time since 1960, this government savings. Through the efforts of my col- Sunday over $50 worth of coupons that operated within its means to the tune league from California, who brushed my wife Mary sat down and went of a balanced budget without dipping away the sophisticated nonsense and through to realize savings, if it is good into Social Security revenues to meet took a look at the basic issues con- enough for America’s families, why is obligations of the government. fronting Social Security and payments it not good enough for Washington bu- Moreover, there was a true surplus. to felons behind bars, the Social Secu- reaucrats? Now, what do I mean by that? Well, I rity Administration found something mean there was a surplus over and both profound and, I daresay, profane. b 2130 above the money set aside for Social The Social Security Administration Why can we not find those savings of Security, a surplus to the tune of $1 ran the numbers: $3.46 billion. To use one penny out of every dollar of discre- billion. And in that process we have the proper mathematical terms, tionary spending? That is the challenge also retired billions of dollars of debt, $3,460,000,000 in SSI payments, Social that confronts us as we work to and we will do so again this year. Security payments, would illegally go achieve what is constitutionally re- But, my colleagues, it is really a sim- to prisoners over a 5-year period, in- quired of the Congress of the United ple process. I mentioned President Ei- cluding a serial killer who was receiv- States, to work with the executive to senhower. Ike had a favorite term, Mr. ing $80,000 in Social Security disability finally determine the amounts spent in Speaker, when things seemed need- while he was on death row. My good the budgetary process and to live with- lessly complex. President Eisenhower friend, the gentleman from California in our means. would refer to ‘‘sophisticated non- (Mr. HERGER), from California made an

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.187 pfrm02 PsN: H16PT1 H12092 CONGRESSIONAL RECORD — HOUSE November 16, 1999 important first step to wall that off come in just the last 5 years with the b 2145 and to save money, and he is working new Republican Congress. I remember So I would like to urge all our lis- for more commonsense legislation to well, when I was first elected back in teners, all our taxpayers out in Amer- completely wall that off. Because that 1986, and up until 1994, I wondered ica, all of those who do tighten their money should not go to convicted fel- whether I would ever see a balanced belts in their own families, businesses ons. That money should go to people budget. We were looking at $200 billion who tighten their belts, please contact who have paid into the program who and $300 billion budget deficits. Serving House Democrats, Senate Democrats, are law-abiding citizens who have as a Member of the Committee on the the President, Vice President GORE and played by the rules. Budget, they were projected to go and let them know that you think that And that is a demonstration of where actually increase in the years to come. they can, at least, cut a penny. there are savings to be realized. And, We have reversed that, since the new Mr. Speaker, I yield to my good Mr. Speaker, that is what the Amer- Congress was elected, the new Repub- friend the gentleman from Texas (Mr. ican people, Republicans, Democrats, lican Congress. Now we are not only SESSIONS). and independents instinctively under- balancing the budget, but we are now, Mr. SESSIONS. Mr. Speaker, I appre- stand. Because we could talk, as the for the first time in 39 years, on the ciate the gentleman from California President of the United States did in a verge of not spending Social Security. yielding. previous visit when he uttered the fa- It is interesting. We are so close. And I heard the debate going on, and I mous phrase ‘‘The era of big govern- I do not know why this issue is so con- came out of my office. Not only are the ment is over,’’ and we could debate troversial with the White House, with colleagues who are here, like the gen- that; but, Mr. Speaker, let me redefine the Clinton-Gore administration. We tleman from Arizona (Mr. HAYWORTH) what we should be about. The era of are talking about one penny. We are and the gentleman from Colorado (Mr. good government should begin, in this that close. But let me just read some SCHAFFER) are here, trying to talk place, at this time, with Members of comments from different officials in about what is going on, because just a both parties working to eliminate the White House on what their re- few feet from this House floor, our ne- waste, fraud and abuse that sadly has sponse was to just cutting one penny gotiators are busy trying to hammer grown rampant in a government of this out of the dollar. out a deal that, once again, is good not size. By the way, we showed earlier the just for the American worker and not One other note, and I see our col- National Taxpayers’ Poll that was done just for the American family, but for league from Colorado joins us, and I am just last week that indicated not only the taxpayer. so happy to see my friend from Texas, does the American public believe we It is the taxpayer that we, as Repub- and perhaps my friend from Colorado can consult one penny out of a dollar, licans, must remember the most. That could expound upon this, because he 84, almost 85 percent believe that we is what brought me to Washington, and my colleague from Arizona (Mr. should be able to cut at least 5 cents D.C., in 1994 when I ran for Congress. I SALMON) and our colleague, the gen- out of the dollar. But yet let me read signed that wonderful document called tleman from Michigan (Mr. HOEKSTRA), what some of the comments are from the Contract With America. And the went down to the Education Depart- some members of the Clinton adminis- Contract with America was a document ment, where Governor Dick Riley, an tration. for all Americans and mostly the tax- old friend of mine, former Governor of When the Secretary of the Interior, payers to see that one party was going South Carolina, Cabinet Secretary for Bruce Babbitt was asked on Tuesday, to stand up and talk about the things the Department of Education, said that October 27 of this year, if there is no that were important for generation there was no waste in the Department more waste in his department, his re- after generation. of Education. sponse was, ‘‘You have got it exactly The things that we talked about in And yet, and yet, when we check right.’’ In other words, ‘‘Is there any the Contract with America essentially what goes on in the Department of more waste in your department?’’ boil themselves down to these few Education, and understand that it is ‘‘You’ve got it exactly right.’’ points: number one, we were going to our philosophy that dollars should end Another comment from the Deputy balance the budget. We were going to up in the classroom helping teachers Attorney General Eric Holder on Octo- do something that had not been done in teach and helping children learn, but ber 26 as well, when he was asked if the Washington since we first placed a man right now, sadly, the Department of administration’s position is ‘‘We on the Moon in 1969. Education, as near as we can calculate, should not reduce at all the size of the We were not only going to balance maintains a $725 million slush fund, Federal budget.’’ His response was, the budget, but we were going to make and folks at the Department of Edu- ‘‘That would certainly be the view of sure that we took power away from cation cannot account for its use. In- the administration.’’ In other words, Washington, D.C., and placed it back at deed, there is no way we understand, should we not reduce at all? He is say- home, placed it back at home where for the Inspector General, which is, Mr. ing that would be the view of the Clin- people, like myself, as a non-Member of Speaker, the fancy name for the ac- ton-Gore administration. Congress, a person who got up and went countant who would audit these things, And then the last one here, the White to work every day had a wife, a family, the Department of Education’s books House spokesman a day later, on Octo- kids lived in a neighborhood, went to are unauditable. The irony, of course, ber 27, Joe Lockhart, when asked why church, and worked not only in my is that simple accountancy and mathe- dipping into Social Security is even neighborhood but all across their com- matics is a basic skill. One would hope listed as a choice, his response was, munities to make things better; and we those engaged in education would un- ‘‘Listen, if you look at the budget that decided that we were going to let peo- derstand that here in Washington. But Congress has produced over the last 15 ple at home make decisions. And last- that is yet another curious example, or 20 years, they have every year ly, we decided that we were going to and examples abound. dipped into that.’’ In other words, that take the power that resided in Con- But again it comes back to a very was his reason. Just because we did it gress and open it up to people. simple notion. To really maintain the before, we are going to do it again. We did away with things like term integrity of the Social Security Trust We are talking about one penny out limits for committee chairmen. We did Fund, to make sure we do not dip into of a dollar of fraud, abuse and waste. things like not allowing proxy voting it, it comes down to this simple notion: And this is such an opportune time to in committees. So we have done so Let us save a penny for every dollar of be talking about this and for the Amer- much that has brought not only good discretionary spending. Because, Mr. ican public to be aware. Because our government to Washington, D.C., but Speaker, in the final analysis, a penny negotiators right now, our House nego- also did it for the taxpayer. saved is retirement secured. tiators and Senate negotiators, are Now, where have we come? Well, Mr. HERGER. I thank my good friend working with the White House right as where we have come now since that from Arizona for his profound state- we speak this evening and trying to ne- Contract with America is that we have ments. Earlier the gentleman from Ari- gotiate one penny out of the dollar, balanced the budget now three times. zona was mentioning how far we have and they have been turning us down. We did it first in 1997, then 1998, and

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.189 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12093 then in 1999. But as we Republicans tant part of what we are attempting to to you, Mr. President. It belongs to the recognize, and I think Democrats know get across now is it is not just the dol- people who produced it. it, too, that we recognize that we, with lars, it is the cents, it is the pennies, I thank the gentleman from Arizona a straight face, could not say we know and it is this cent or common sense (Mr. HAYWORTH), I thank the gen- we completely balanced the budget. that we are talking about. tleman from California (Mr. HERGER), I And the reason why is because we were Waste, fraud, and abuse consumes thank the gentleman from Michigan spending Social Security, we were tak- over $200 billion a year, documented by (Mr. HOEKSTRA), and I thank the gen- ing the excess money that came in that the Government Accounting Office, tleman from Colorado (Mr. SCHAFFER) people gave to Washington, D.C., for $200 billion a year. for the time and look forward to hear- their future and for their future retire- So that is why I think, for the first ing their remarks. ment, for the retirement of not only time ever, the Congress of the United Mr. HERGER. Mr. Speaker, I thank themselves but their families, and we States challenged an administration the gentleman from Texas (Mr. SES- for the first time in 1999, not by acci- and said, Mr. President, we are willing SIONS), my good friend, for his remarks. dent but certainly not because we did to cut our own pay by 1 percent. We are Again, it is difficult to believe that it on purpose, because it was not the willing to cut our own spending 1 per- this administration and those in the law, we stated that we were not going cent. But, Mr. President, we want and minority party here in the House and to spend America’s retirement future. expect you, too, to do the responsible the Senate are fighting the fact that And so we did not. And for the first thing; and that is to find one penny all we are talking about is one penny time in 39 years, the Republican Con- from discretionary spending. We are out of the dollar that we want to save. gress did not spend one penny of Social not talking about Social Security, we And again, as I mentioned earlier, our Security. are not talking about Medicare, we are negotiators are talking right now, are What we are attempting to do to- not talking about Medicaid. What we negotiating right at this moment at night is not only to duplicate that but are talking about is one penny out of the White House, trying to come up to do it on purpose, because we told the every dollar that you would have con- with one penny of the administration. American people we were going to do trol over to where you would say, we The administration is fighting that. that. This is what responsibility is all are going to look internally to our- Mr. Speaker, I urge all my colleagues about. selves, we are going to look internally and everyone to call the White House, Tonight we are dealing with a cir- to the Government that is fraught with call our Democrat Members to urge cumstance where the President of the waste, fraud, and abuse, we are going them that if 84 percent, almost 85 per- United States says, oh, I now believe to consider it a challenge, a challenge cent of the American public, believes you. I want to be on your side. for employees of the Government and a we can trim 5 percent out of our budg- In January of this year he said 60 per- challenge for those people who are ad- et, out of the Federal budget, surely cent of Social Security was good ministrators, who may be secretaries, they can find one penny. enough, if there was a surplus. Sixty who may be Cabinet officials, to look Mr. Speaker, I yield to my good percent of Social Security would be set deep within themselves and to chal- friend the gentleman from Colorado aside, but 40 percent would go to spend- lenge each and every one of their em- (Mr. SCHAFFER). ing, new government programs, new ployees. Mr. SCHAFFER. Mr. Speaker, I spending. The same thing that happened when I thank the gentleman from California Now he has changed his tune. I say, was in the private sector just a few for yielding. thank you, Mr. President. Thank you years ago. I spent 16 years for a cor- Mr. Speaker, the gentleman is ex- for joining Republicans on doing things poration in this country, never missed actly right. Right now, as we speak, that are important to our money; this a day of work, and I was challenged as the White House and the Congress are is our retirement. It does not belong to an employee of that company virtually meeting and arguing over this one Washington, D.C. every single year not only to find what penny on the dollar that we are trying But what is happening in this en- we knew was abuse and waste but what to look for in savings in order to avoid deavor? Now the President and Demo- we knew would be a challenge to run the President’s goal to raid Social Se- crats want more and more and more our company the way we as employees curity in order to pay for his spending and more spending. Just last week the thought it should be run. preferences in the budget negotiations. White House, in the foreign aid bill, de- That is where this government is It was an interesting thing just a few manded $800 million more for foreign missing out. That is what this Presi- weeks ago when we talked about the aid, $104 million more for Russia. It dent is missing out, an opportunity and necessity of saving 1 percent, one just goes on and on and on. a challenge to every single government penny on the dollar, out of the appro- So we know what we have got to do. worker for maybe the first time in priated funds in order to avoid that So- We have got to make sure that we keep their career. cial Security raid. It was the Secretary this line, as it implies on the chart, of Can you imagine an employee that of Education and the Secretary of the going up to where we have a surplus. may have been with the Government Interior and others of those sorts who Because this surplus will not only go to for 40 years, their entire career, never stood up and said it is impossible for us pay down the debt, but it will also go once challenged and then the first time to find one penny on the dollar in sav- to make sure that we have the oppor- a challenge from the Congress of the ings on our agencies. tunity to give money back to people United States come forward where Most Americans just understand that who earned it. Members of Congress were willing to is foolish. Most Americans know that I want to show my colleagues one take their own pay cut and the chief there is enough waste and fraud and other thing, if I can. This is an example executive of that country said, no, we abuse and excessive spending here in of how much money we owe back to So- cannot live up to that challenge be- Washington, D.C., that we can go find cial Security before we can begin the cause there is not enough money? it if we are willing to spend the time process of building a surplus there. We Well, I will submit tonight that the and roll up our sleeves and get in the have to be able to pay back $638 billion. retirement security of every single trenches and look for that penny. The Now, our President and my col- American, of every single generation is American people know it is there. leagues on the other side of the aisle far more important than the $800 mil- Mr. HOEKSTRA. Mr. Speaker, if the will say, look, it really does not mat- lion that we added in, and it is far gentleman will yield, I think we ought ter. You know, $800 million here, $800 more important than all the shenani- to really put this in context. Because million there; it is really not a big gans that go on in Washington, D.C. we are not talking about taking the deal. The President wants $4.5 billion That is why we are here tonight. We dollar that they had last year and more. are here to make sure that no means making it 99 cents. We are talking Well, I will say, and I believe that I no. Mr. President, you cannot have our about taking the dollar that we gave would gain concurrence from my col- retirement. One hundred percent is far them last year plus the 4 cents, 3 to 4 leagues who are here tonight, every greater than 60 percent, and it belongs percent increase that is in the budget single dollar counts. The most impor- to people back home. It does not belong this year.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.191 pfrm02 PsN: H16PT1 H12094 CONGRESSIONAL RECORD — HOUSE November 16, 1999 At the beginning we asked them to other $85 billion. So they are basically What do they say back in California save a penny so they can only have entrusted with $110 billion annually of when people find out about these kind $1.03. But I think now, as we are nego- American taxpayer money. That is a of things? tiating in the White House and some of big agency. What are they going to tell Mr. HERGER. It is hard to believe, the other offsets, we are asking them us on Thursday? This is not for 1999. and I hate to put it this way, but were to find a half a penny. So that this year This is now November of 1999 for the it not for the Federal Government, they have $1.03 and a half cent instead fiscal year which ended on September they would not believe it. If something of $1.04. 30, 1998. What are they going to tell us? like this were happening in any busi- We are going to find them a half a Mr. SCHAFFER. They are going to ness in this Nation, if this were hap- cent of waste, fraud, and abuse out of tell the Congress that their books are pening to anyone in this Nation, if the $1.04 that we gave them over what unauditable going back to 1998. That those individuals responsible could not they had last year. they cannot tell us precisely how they account for their books, the law would Mr. SCHAFFER. Mr. Speaker, I want spent the $120 billion, $35 billion in dis- take care of them by incarcerating them. We are not proposing that hap- to jump right in there. Because it is so cretionary spending that the Congress pen to anyone at the Department of simple. The American people under- gives them on a year-to-year basis. Education, but we are saying that stand. They just intuitively know and Mr. HOEKSTRA. So the Secretary of are correct that there is excessive those responsible and setting an exam- Education will stand up and say I can- ple of educating our children should be money here in Washington that the not find a half a penny or a penny out American taxpayers are sending more able to keep books in a proper manner. of my budget in waste, fraud and abuse, I yield to the gentleman from Ari- cash here in Washington than the Gov- and at the same time, on Thursday, I zona. ernment legitimately needs to run the do not think he will be at that press Mr. HAYWORTH. I thank my col- Government. conference. league from California. Mr. Speaker, I All we are saying is, we understand Mr. SCHAFFER. I doubt there will be have come across the aisle symboli- there is a difference of opinion between a press conference. cally to reach out to my friends in the Republicans and Democrats and Repub- Mr. HOEKSTRA. I bet there will not Democratic Party, to reach out to the licans like to be more efficient and fru- be a press conference. Because by law, administration. gal with the taxpayers’ dollars and get they were supposed to tell us in March, In a previous life, before coming to those dollars to where they are needed in March of this year by law they were the Congress of the United States, I most and do it as efficiently and effec- supposed to tell us and release their was a broadcaster. Oft times I was en- tively as we can so we can reduce the books to the Congress and to the Amer- trusted with updating current events, tax burden and eventually leave it ican people saying, here is the $35 bil- what we call in common parlance the back home. lion, here is the $85 billion in loans news. Mr. Speaker, the news tonight as The White House, on the other hand, that we manage and here is what hap- my colleagues have outlined, is as fol- run by Democrats, they want to spend pened to the money. In March, they lows: At this minute, at the White that money. They do not want to look were supposed to tell us. They extended House, congressional representatives for that penny because they prefer to it, they extended it, they extended it, and representatives of the administra- spend it. they extended it, until finally we hear tion are involved in negotiations. The So when Secretary Riley and the De- that this week the auditors will finally most effective way to realize the sav- partment of Education said just reflex- come out and say, that $110 billion that ings necessary so that we can reach an ively, no, we cannot save the penny, it we had way back in 1998, we cannot agreement between the priorities of the is just not there, our Department of really tell you how we spent it, or the administration and the necessities of Education is so well run and so effi- auditors cannot in good conscience tell the American people as reflected ciently managed that there is not a us where the money went or how it was through our programs in this common penny to be found, we disagreed. spent or whatever. But we cannot find sense Congress is for the administra- A handful of us said, no, way, Mr. a half a penny of waste. tion to agree with us to the 1 percent Secretary. We stayed an extra day solution, one penny of every dollar of Any organization that is that big and when the rest of the Congress went discretionary spending. As my col- whose books are not auditable has at home and three of us marched down league from Texas pointed out, we are least a half a penny and you can prob- there to the Department of Education, not talking about Medicare dollars, ably find nickels and dimes of waste showed up at 9:00 in the morning, and Medicaid dollars, Social Security dol- and inefficiency because if you cannot we said, listen, folks, we are here to lars. We are not talking about vital track where the money goes, you can- help. We want to help you find that funds to programs known as entitle- not hold the people accountable for penny, and we went office to office. ments. We are talking about discre- getting the kind of results that they tionary spending, where choices can be b 2200 want. made. We went office to office and spoke Mr. SCHAFFER. I want to talk about One other note because as my friends firsthand with many of the finance offi- some elementary school children that I talk about education, we should also cers and we found some examples of met with yesterday. We talked about talk, as I was honored to serve with my where that penny can be found if you the importance of education. Before I colleague from California earlier on just take the time, spend half a day to do that, I want to just ask the gen- the Committee on Resources when I go find it. We want the President to tleman from California, I know how my first came to the Congress of the join us. constituents react when they find out United States, one note on this, be- I yield to the gentleman from Michi- that the Department of Education, the cause also Arizona’s former governor, gan to share with the Members what it agency charged with helping the chil- Secretary Babbitt, at the Interior De- is we discovered when we went there. dren who made these cards for me, can- partment, has followed the predictable, Mr. HOEKSTRA. I know this is why not balance its books, cannot provide what we call in this town, spin of the my colleague from California invited books that are auditable so we can administration and said that the Inte- me down here tonight. I really appre- even find out where the money is. We rior Department cannot realize any ciate that. But as the gentleman from want to help the children who made savings. Colorado and I heard 2 weeks or 21⁄2 this artwork back in our schools, in Mr. SCHAFFER. If the gentleman weeks ago when we went to the Depart- our districts, but it is impossible to be will yield, this is Secretary Babbitt’s ment of Education, which we heard last assured that those dollars are really exact quote here. The reporter asked, week when we met with the Inspector helping children when the Department ‘‘Is there no more waste in government General and which will finally come of Education, itself, a $120 billion agen- in your departments?’’ Secretary Bab- out, I believe, on Thursday for 1998, in cy, one of the largest financial institu- bitt said, ‘‘Well, it would take a magi- 1998, we entrusted the Department of tions on the entire planet, cannot tell cian to say that there was no waste in Education with $35 billion in discre- us with any precision where the money government and we are constantly fer- tionary spending. They loan out an- went. reting it out. But the answer otherwise

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.193 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12095 is, yes, you’ve got it exactly right.’’ In about the things we are, to have a com- Mr. HAYWORTH. I think this point other words, yes, there is no waste in plete game on behalf of the taxpayers should be made, because again in the the Federal Government. This does not of this country, the people who get up spirit of bipartisanship, we welcome pass the straight face test, whether and go to work every day, the people the President with his change of mind. you are in Arizona, Texas, Michigan, who get things taken out of their pay- We appreciate the fact that good peo- California, or Colorado, the American checks even when they do not want it ple can disagree and then reconsider people understand there is waste in but they cannot fight the government. and come along. Now he says, let us government and people who make an- We are here for the taxpayer, not the save all of the Social Security trust swers like your former governor has tax collector. And the taxpayer says fund for Social Security. One other here simply ought to be replaced in overwhelmingly, you can find a penny thing we did in this Congress, when he Washington as far as I am concerned. from the government. I am ready to proposed the tax and fee increase, we Mr. HAYWORTH. And I would like to stay. I am ready to stay here as long as brought it to the floor. Mr. Speaker, refresh his memory, because it is we need to. again just to refresh the collective burned, it is seared into my memory, Mr. President, we believe in what we memory of this body and clue in the the first subcommittee meeting for are doing, and we are going to keep American people, not a single Member parks, the Inspector General, the ac- fighting on behalf of what is right. One of this institution, Republican or Dem- countant for the Interior Department, hundred percent of Social Security is ocrat, or my friend from Vermont who more important than us giving in and with the then director of the National is a self-described socialist, an inde- going home. I intend to stay. Like the Park Service at his side, the Inspector pendent, not a one voted for the tax in- gentleman from South Dakota, I have General testifying in front of that Re- crease. So in that sense, the House more time than money, and we are sources subcommittee said that the worked its will. The President has here for the taxpayer. I believe by us National Park Service for that budg- bowed to that. Again, the 1 percent so- telling the truth to the American pub- etary cycle, for that year, could not ac- lution makes dollars and sense. A lic, they will recognize that we will count for $73 million of taxpayer funds. penny saved is retirement secured. find our penny and we can win this bat- My colleague from California pointed Mr. SCHAFFER. I would like to talk tle. out, were this the private sector, it about one other place where this really Mr. HERGER. I thank my friend would not be a national park someone matters, and that is with our children from Texas. Let me point out that would be spending their time in, they while the American taxpayer, 84 per- around the country. This is National would be incarcerated for malfeasance. cent, almost 85 percent feel we could be Education Week this week. The slogan And the challenge for my colleague saving a minimum of 5 percent, we for this year is Students Today, Lead- from California and others who have have only asked the administration to ers Tomorrow. This debate really does that wonderful mission of serving on save a penny, and now I understand it come down to responsibility here in the Committee on Ways and Means and is down to about a half a penny and Washington. the Committee on the Budget is to re- they are still fighting that. I was out in my district just yester- state our rules so that we have a way I yield to the gentleman from Michi- day, I visited three schools up in Ster- to impound those types of funds out of gan. ling and Green Acres Elementary administrative accounts in the next Mr. HOEKSTRA. I thank the gen- School in Fort Morgan, Colorado, I few years. But that is the challenge we tleman for yielding. We have come a stopped in and visited with the folks face and that is ample evidence. And long way this year. We were in this there. then we have the other evidence, the Chamber earlier in 1999, towards the b 2215 infamous outhouse, $1 million for an end of January when the President I brought some of the artwork from outhouse at Glacier National Park in came down here and gave his annual some of those kids that I am dying to Montana. It took over 800 helicopter State of the Union speech. The Presi- trips. That is how inaccessible, we are dent at that time said, I want to save show some of my colleagues. I am talking about really out there, this 62 percent of the Social Security sur- scheduled to go to Ukraine next week outhouse, the million-dollar outhouse. plus. By implication meaning I am as soon as we adjourn and will be meet- Maybe that is $1 million out of the $73 going to spend the other 38 percent. I ing with some schoolchildren there. I million of that budgetary cycle. Yet do not remember, maybe one of my col- am asking these kids to make up some my former governor, the Secretary of leagues can remember and refresh my cards and letters for kids out in the Interior says there is no waste. memory on the fees and the tax in- Ukraine. The American people know better, creases that the President proposed The gentleman ought to see some of Mr. Speaker. My colleagues have back in January, that he proposed in these. Here is one from Carrie, who amply demonstrated that. his budget. Does my colleague from Ar- drew a picture of herself at the library Mr. HERGER. Mr. Speaker, I yield to izona remember what that amount where she can check out books. Here is the gentleman from Texas. was? another, Nicole, who wrote, ‘‘I can play Mr. SESSIONS. I thank the gen- Mr. HAYWORTH. As I sat here that at Riverside Park in the rain,’’ and tleman for yielding and appreciate the evening listening to the President’s drew a nice picture of herself at the gentleman from Arizona. speech, in 77 minutes he outlined over park. These are just great. What we are doing here tonight is we 80 new spending programs, I believe it Here is one from Luke. Luke says, ‘‘I are, I believe, being responsible. We are was well in excess of $70 billion, in fact am walking my dog, Mattie. She is 13 doing, I think, what I came to Wash- almost twice that much. years old. She is a yellow lab. She has ington, D.C. to do. That is, to work Mr. HOEKSTRA. Somebody just a blue frisbee and she likes to play very carefully, very methodically and handed it to me and said the President with it.’’ There is a picture of Luke in the open, to give people not only an earlier this year proposed 75 use taxes there that we are sending to the kids in understanding about what we are doing and fee increases, totaling $150 billion a Ukraine. but to make sure that we stay here year. When we take a look at how Here is one more. This is from Te- until the ball gets kicked in the net. much progress we have made, we have resa. She put a bunch of crucifixes and Today, the gentleman from South moved to the point of no tax and no fee the American flag. She is sending that Dakota (Mr. THUNE) stated something increases. In that way, we have elimi- to the Ukraine. She drew a picture of that was very interesting to me. Today nated $150 billion of new spending that her room, and talks about some of the he said, ‘‘We have got more time than this President wanted. We have also things she likes to do at home. money, and that is why we are going to moved from saving 62 percent of Social The point of this is that these are the stay here.’’ We are in a tough league Security, we are now within a half a children that matter most in America. here. I tell people back home, in the penny in this budget of saving 100 per- When we start talking about ending league I play in up in Washington, cent of the Social Security surplus. We dipping into social security and spend- D.C., you really do not ever get a no- have come a long way. Thankfully, we ing more money than Washington has hitter, but you can have a complete have taken the President all the way to offer, these kids understand that game. I believe us being here talking to 991⁄2 cents. that is wrong. The kids understand

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.196 pfrm02 PsN: H16PT1 H12096 CONGRESSIONAL RECORD — HOUSE November 16, 1999 that the right thing to do is to save so- with that. It is really almost unbeliev- ally narrowly focuses on the issue of il- cial security, to stop spending in def- able. legal drug production and trafficking. I icit quantities. I yield to my friend, the gentleman strongly believe, however, that without They understand responsibility at from Michigan (Mr. HOEKSTRA). addressing directly the broader prob- school. When the teacher told the kids Mr. HOEKSTRA. Mr. Speaker, I lems that are faced in Colombia that on Monday, the Congressman is coming thank my colleague for yielding. we will not make significant progress and I want you to have these cards What we have worked on so hard in in addressing the drug trafficking prob- ready to go, the kids had their reports the Committee on Education and the lem, because these problems are so ready to go. Would it not be great if Workforce, and my colleague, the gen- interrelated. the Department of Education could do tleman from Colorado, referenced it, I think we all must agree that drug the same thing here in Washington, the leverage point on giving kids a addiction and abuse must be addressed D.C.? When the Congress says, on the good education is moving the decisions by our government, that too many 19th of November you need to certify to closest to the kids in the classroom Americans and frankly people all over the Congress that your books balance, and the people that know our kids’ the world are addicted to illegal and we do not need to be hearing the an- names, the parents and teachers. sometimes legal drugs. We know that swer we are going to get on Thursday The money we are spending, let us this is a problem that must be ad- from the Department, that their books make sure we move the flexibility for dressed. I think we can do so respect- are unauditable going back to 1998. making those education decisions as fully, agreeing that this is a problem These kids understand responsibil- close to those kids as possible. that we are all committed to, but ities. They deserve a Department of Mr. HERGER. Mr. Speaker, each of agreeing that we may have some dif- Education that will work hard to help us are parents here, and I know we are ferent approaches and different per- this Congress find that extra penny in coming to the end of our time, but spectives on how to do that. savings so that these kids can get dol- what it is really all about is our chil- Colombia presents an important case lars to their classrooms, so that their dren. Each of us here speaking are par- study in this regard. It is a country teachers can have the resources they ents. Undoubtedly, most people who that must be viewed comprehensively, need to teach, so they can have a roof are listening tonight are parents. not simply as a drug-producing Nation. that does not leak, so they can have Right now there will not be any so- The flow of drugs will not stop unless education opportunities that are the cial security unless we do something Colombia can achieve peace and eco- envy of the world and something to about it. We as Republicans are com- nomic security. brag about in places like Ukraine, like mitted to do that. We believe there is a I wanted to start by sharing a little these kids have done, and I am going to minimum of a penny that any Wash- bit about how I first became interested help them do later on this week. ington bureaucracy can find to trim in the policy in Colombia, U.S. policy That is what these children deserve. out of each of their departments. We towards Colombia, interested in the That is what their parents sent us here are asking that they do it, and maybe problems faced by the people of Colom- to Washington to do. Those parents do a little more to make sure we save bia. I, too, used to view Colombia as a want to know that the kids who made social security. We believe it is there Nation, mostly by what I read about these products and created this art- to do. The American public believes we the drug production there, until I had work have somebody looking out for can do it. We are committed to do it. the opportunity as a local elected offi- them in Washington. f cial on my county board to become in- If we walk around outside these hall- volved in a sister community project. THE SITUATION IN COLOMBIA, ways here, there are lobbyists all over Our county essentially adopted a SOUTH AMERICA the place. They are all here trying to community in Colombia; in fact, a get an extra dime here or there, or get The SPEAKER pro tempore (Mr. community in one of the most violent extra money for their project or for COOKSEY). Under the Speaker’s an- and war-torn parts of Colombia. their special interest. But these kids, nounced policy of January 6, 1999, the Through this sister community, we got we are all they have. They are count- gentlewoman from Wisconsin (Ms. to experience exchanges. We had people ing on us to fight hard; to stay late BALDWIN) is recognized for 60 minutes. come up, religious leaders, labor lead- into the evening, like we are doing to- GENERAL LEAVE ers, those interested in impacting pov- night; to negotiate until the bitter end Ms. BALDWIN. Mr. Speaker, I ask erty and fighting human rights abuses with the White House, so we can save unanimous consent that all Members in Colombia. They came to our commu- that penny on the dollar and make sure may have 5 legislative days within nity and discussed the problems. In that the education dollars get to the which to revise and extend their re- turn, people from my community got classroom, not hung up in Washington, marks and include extraneous matter to travel to Colombia, as I did in 1993, so they have a social security retire- on the subject of my special order. to meet people there, to ask firsthand ment fund when they retire, and so The SPEAKER pro tempore. Is there what was happening. that their country is run in a way in objection to the request of the gentle- Perhaps learning about Colombia in which they can be quite proud. woman from Wisconsin? this way stands in stark contrast to Mr. HERGER. Mr. Speaker, I thank There was no objection. how many of our colleagues first dis- my good friend, the gentleman from Ms. BALDWIN. Mr. Speaker, I rise cover the issues and the challenges Colorado. The tragedy is unless the tonight to discuss one of the most faced by the people of Colombia, Congress takes action, unless the Con- pressing foreign policy issues facing through high-level briefings, perhaps, gress saves and does not spend on exist- our great Nation. That is, the situation meeting with generals, ambassadors, ing programs, for social security com- in Colombia, South America. presidents, Members of Congress. ing in, not one of those students will Tonight my colleague and I want to I started by meeting with people in have social security by the time they speak about the many challenges that agriculture, human rights leaders, peo- are ready to retire. This Congress has are faced in Colombia. We will discuss ple trying to organize collectives and to act. the civil war, the inequalities of cooperatives. It was a fascinating way I am very grateful that back 168 days wealth, the drug problem, the failure of to learn about Colombia. I met envi- ago, and I might mention, in a bipar- the judicial system there, and the prob- ronmentalists who were engaged in the tisan manner, 416 to 12, this House lem created by large numbers of dis- task of trying to protect the voted overwhelmingly to lock up social placed persons. rainforests. I met people engaged in so- security and not spend it. But right As we begin this discussion on Co- cial work, trying to help address pov- now what we are asking of the White lombia, I guess I want to state from erty in the big cities in Colombia, try- House right now is a penny, we are the outset that I would like this dis- ing to help former gang members find down now even to compromise and find cussion to deal broadly with Colom- another way of life. It was eye-opening some places where we do not spend in bia’s problems and challenges. This for me. other areas and maybe reduce by half a body has all too frequently focused on One of the things I remember very penny, and we cannot even come up Colombia, and in fact our Nation usu- vividly about my 1993 trip to Colombia

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.198 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12097 was learning about the human rights graduate who just applied for the Peace ket of New York and Texas put to- situation there. Years of civil war and Corps and was told that I was going to gether. state-sanctioned repression have re- be accepted to a Peace Corps program It is a remarkable country because sulted in nearly 1 million displaced in Colombia, South America. not only does it touch both oceans, but persons, sort of internal refugees, I was excited about it. I had traveled it starts almost at the equator and many of them young people, children. through Latin America when I was in goes up to 20,000 feet with snowcapped There are problems with para- college working as a factory worker in mountains close to the shore. So it has military death squads, with revolu- Argentina, and I fell in love with Co- every kind of microclimate and can tionary guerillas, and these have led to lombia the minute I stepped off the grow anything. Colombia is the second an escalating level of violence in the plane. It is a country, an incredibly most diversified country in the world. past decade. In the last year alone, beautiful country with lots of green. It grows more fruits and vegetables over 300,000 people have fled their Obviously the green is well known than any other country in the world; homes and have become newly dis- around the world because it is the and, obviously, that makes it a climate placed persons in Colombia. These are major exporter of emeralds. that is attractive to growing things people who we do not always hear Colombia, as a Peace Corps volun- that are illegal. And with the poverty about. teer, was the best 2 years of my life. I in the country, we can see why the As I mentioned, I traveled to Colom- lived in a very poor barrio. We did not drug crops expanded there. bia in 1993 to see the situation first- have much running water or elec- Mr. Speaker, the issue now is how do hand. One of the shocking and sort of tricity. Sewage was inadequate. But we take a country and really get it on striking memories I have was under- the people were so genuine and so its feet? In many ways Colombia, de- standing that some of the aid that we friendly, and so much so that when my spite all of the problems that it has sent to Colombia as military aid, aid mother passed away with cancer when had with drugs, has remained an eco- intended to help fight the war on I was in the Peace Corps I came home, nomically strong country with an hon- drugs, was ending up being misused and immediately went back to Colom- est economy. It is one of the strongest perhaps by corrupt officials, but was bia, and my father, I brought my two in Latin America. It has had a longer ending up being used in a way to re- sisters to Colombia. period of growth with an average of 4.5 press the people, those who might be My youngest sister, Nancy, who was percent per year for the last four dec- organizing labor unions, those who in high school at the time, 17 years old, ades. Between 1990 and 1995, it has might be organizing collectives for the unfortunately was killed in an accident grown at 4.2 percent. This is the long- farmers, those who might be fighting in Colombia. Rather than being very est sustained record of economic for human rights. bitter about the country, we ended up growth in the Americas. In all of the The U.S. now provides almost $300 falling in love with the country be- Americas. Colombia has outperformed million annually in military aid, mak- cause the people were so friendly to our the United States. ing Colombia the third largest recipi- family and realized what a plight we Now Colombia is in the midst of a re- ent of aid after Israel and Egypt. I were going through, and how much cession after more than 30 years of un- must add, though, that things have im- tragedy we were bearing. broken growth. It is in the midst of proved in Colombia, very much so since The thing that I hope we can do to- problems, turmoil, but it is a demo- the time that I was able to travel night is put a human face on a country cratic country. It had a remarkable there. The military is beginning to ad- that we hear a lot about. It is a coun- turnout in its election for its president, dress within their own ranks some of try that the Americans know of, Co- President Pastrana, despite the pres- the issues of human rights abuses. The lombia, and unfortunately know of it sures on people not to vote. It has po- leadership, the President of Colombia, for two reasons, one very negative, litical factions in the country that are the Congress, has begun to act. which is drugs, a country that grows historical between the rebels, between We have a number of policy options the drugs and processes the drugs that banditos or mafiosos as they are before us right now in the United are so destructive to our lives here in known. So it has got a collection of in- States. There is a call for providing al- the United States and around the terests where people are trying to de- most $1 billion or perhaps a lot more world. fend their own private lands with pri- than $1 billion in new aid to Colombia. vately hired mercenaries, so we have b 2230 I think it is an important debate on private armies, a public army, a na- how we allocate that money, how we Unfortunately, we are the purchaser tional police. They have rebels, and approach this issue, how we look at the of those drugs and so we have this they have other factions that play in future of a war on drugs, how we look problem of those who produce and the shadows of all of these. at making an impact in a country that those who buy and use. And this rela- So we as the United States are now is dealing with civil war, is dealing tionship, Colombians always tell us giving aid to Colombia. We have given with human rights abuses, is dealing that if we did not buy the drugs, they an awful lot of that aid in the military with poverty and economic downturn would not produce them. And we al- section primarily for suppressing and struggling with a lot of things to ways say if they did not produce them, drugs. The country has now come to put its country back together. we would not buy them. And this is a the United States. The President has Before I go on to details about what battle where we have sort of lost sight met with our President. They have sat policy options are facing the United of what this country is all about. down and worked out an agreement States right now, I want to yield to my I hope tonight we can get into some that encourages that Colombia needs colleague, the gentleman from Cali- of those issues. So put a human face on to get its own act in order, so to speak. fornia (Mr. FARR), who has been also a country that is unique in its geo- It has done so by coming up with a very well acquainted with the people of graphical location. It is the only coun- plan. It has taken that plan not only to Colombia, the issues that Colombians try in South America that borders on the United States but to its allies in face, perhaps from a different perspec- both the Atlantic and the Pacific Europe and asked for help. tive than my own. But I would love the Oceans. It is a country much bigger Now, we are on the verge of the last gentleman to share his wisdom with us. than most think by looking at a map. night of the session of the first year of Mr. FARR of California. Mr. Speaker, The third largest country in Latin the 106th Congress. The big vote here I thank the gentlewoman from Wis- America. It is bigger than California, tomorrow night will be the vote on ap- consin very much. It is a pleasure to be Texas, Montana and Illinois all com- propriating monies and particularly on the floor with the gentlewoman, a bined for about 625,000 square miles. It the foreign aid money. Colombia is not very distinguished Member of this body is a huge country. getting a great deal of that money, un- who has so much compassion for people It has 38 million people. The people fortunately, because other priorities all over the globe, and particularly for are spread out in Colombia in many big have taken its place. And I think that the people of Colombia. cities. The most urbanized of all Latin we have to recognize that if we are a My introduction to Colombia was America countries. The Colombian country that is going to ask them to back in 1963. I was a young college market is bigger than that of the mar- extradite their criminals, the people

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.200 pfrm02 PsN: H16PT1 H12098 CONGRESSIONAL RECORD — HOUSE November 16, 1999 they are arresting in their country, in meet and exchange with the people of as a basis of our conversation as we violation of their laws and our laws, the country of Colombia. Not so much move forward about how to really and and extradite these people to the their advisors and their elected offi- truly tackle drug problems here and in United States so that they can be cials, perhaps local elected officials, producer countries is the Plan Colom- tried, sentenced, and imprisoned here, but we really got a chance to inter- bia that President Pastrana and his at great risk to the Colombian politi- change and understand what a person government have put together. cians and to the Colombian govern- who is living in the rural areas or a What we see is a plan that has been ment, that they are doing that at the person who is living in the cities expe- offered to an international community request of our government, and in turn riences living there and the struggles that does not just focus on one compo- we need to think comprehensively that they face due to some of the eco- nent of the struggles that Colombia about how we are going to give them nomic challenges. faces, but really is a multifaceted pro- enough aid. Not just military aid, but The gentleman was very right to gram that I think we can take heart in. compassionate aid to help the people note the success economically that Co- What they recognize is how unstable help themselves in a better life. lombia has enjoyed. I always observed the Nation has been and the fact that Mr. Speaker, I know that the gentle- that while on the macro-level that in this plan they need to really consoli- woman from Wisconsin has come to country was observing great prosperity date in the State of Colombia, make discuss some of that; and I really, real- and growing, although now there is sure that the State is the entity re- ly appreciate it. I appreciate the gen- certainly an economic downturn, there sponsible for protection of the public tlewoman being a new face in Congress is now 23 percent unemployment in interest, for promoting democracy, the with a new slant on the Colombian sit- some of the major cities, about an av- rule of law, to make sure that it is the uation. It is so healthy for this body, erage of 20 percent unemployment na- monopoly in the application of justice which has sort of been debating the tionwide. But one of the nuances of Co- and that it plays a stronger role in full macho military aid by essentially peo- lombia is that there is a concentration employment, in respect for human ple that are pro-military and pro-na- of wealth in the hands of few. That is rights. tional police, to say that if we just help particularly exaggerated in the case of They look at building peace as a them we are going to really help the landownership. building process. Not something that country. When we know and the gentle- Mr. Speaker, about the top 3 percent will happen, but things that will take woman knows, particularly the first of Colombia’s landed elite own about years to accomplish. As the plan says, voice that has really come in and 70-plus percent of all the agricultural peace is not simply a matter of will; it talked about the plight of women in land, while 57 percent of the poorest has to be built. And central to their this culture, and the fact that we are farmers subsist on about 2.8 percent of strategy is, of course, a partnership not going to win this war on poverty; the land. with other countries to look at not we are not going to win the drug war; Those sort of challenges internal to only production of illegal drugs, but we are not going to win the political Colombia, I think, play a big role in consumption and recognizing that war or any war just by might. We are what we see happening there and the there are principles of reciprocity and going to have to win that war through concerns that we have there right now. equality that need to occur in order for education. We are going to have to win I look at it as a country struggling countries to move forward together in that war through help with under- with civil war, struggling beyond that a partnership to confront mutual prob- standing family planning in countries with a justice system that is in some lems. like this. We are going to have to have ways broken down and for that reason Mr. Speaker, Colombia is in an eco- micro-loan programs and do what we people take justice into their own nomic crisis right now, and we have did in the Peace Corps. hands. And, of course, that creates in got to tackle that in part also to re- Unfortunately, the Peace Corps left some parts, even though it is a wonder- spond to the larger problems. Colombia because it became too dan- ful democracy nationally, in some lo- Mr. FARR of California. Will the gen- gerous. But there are some 8,000 re- calities there is almost anarchy exist- tlewoman yield? turned volunteers from Colombia, ing. It is very violent in certain re- Ms. BALDWIN. I certainly will yield Americans who have lived in Colombia gions. to the gentleman. for at least 2 years who have learned But I want to be helpful this evening. Mr. FARR of California. Mr. Speaker, the language and the culture, and who I had the opportunity today to meet I appreciate the gentlewoman yielding are very passionate about those years with a wonderful activist who is vis- to me. I wanted to point out that this that they spent there and are wanting iting the United States from Colombia. Plan Colombia I think is very exciting to see the country regain its incredible What he was doing was describing a because it outlines not just a military grandeur that it can and to develop the program that he is working with in the approach, and a national police ap- wonderful culture and people and par- central part of the country that has proach, and a law enforcement ap- ticularly the opportunity for tourism. been operational for about 4 years now proach to preventing crime and to Making it safe for people to travel, safe that is bringing a diverse array of par- stopping the drug traffickers and so on, for our sons and daughters to go and be ties together to the table to talk, to be but it really is a plan about education educated in their great universities and engaged in dialogue, and to tackle drug of the country. It is a plan about eco- essentially a much better cultural, issues, to tackle issues of the unstable nomic revitalization through land re- educational, political interchange economy right now, to tackle issues of form and having more people have a leads to support of a country through violence and large numbers of refugees stake in the outcome. It is about a plan tourism and microtourism. in a dialogue with people at the re- about economic development at the Mr. Speaker, I think that Colombia, gional level. micro level, at the rural level, at the because it is on both oceans, has so This individual told us a very hopeful barrio level. many opportunities for small economic story of a program that is working be- I mean, it is interesting. I do not development programs that would en- cause, rather than sending merely mili- think we ever outlined it as Peace hance the plight of people in rural tary equipment to respond to a prob- Corps volunteers some 30 years ago areas by allowing them to have kind of lem, they are talking about alternative when we were serving there, but what ecotourism expand. So I appreciate the crops. They are giving peasants who this plan reflects is many of the things gentlewoman bringing these issues to would otherwise possibly be lured into that young Americans, professionals the floor of the United States Congress production of coca and giving them op- recognize that the country needed to tonight on the verge of our significant tions that are viable, that allow them do. vote tomorrow night. to support their families, that allow b Ms. BALDWIN. Mr. Speaker, I thank them to have a hopeful future. It is 2245 the gentleman. And one of the similar- this sort of balanced approach that I It is almost as if the ideas that we ities I think of our approach to this is think is the hope for the future. are espousing have caught up with the that each of us comes from a back- Now, one thing that we were de- government, and they are now wanting ground of getting a real opportunity to lighted to see and will hopefully serve to implement it. I think that is really

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.202 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12099 courageous of the government because, One is not secure in one’s workplace. intimidate these individuals as being obviously, if they just went out and One is not secure on the street. If one sympathizers with the paramilitary or- said all we want to do is get money for does have money or resources one will ganizations. military purposes to eradicate the drug be a target of, perhaps, kidnapping. So you have a group of civilians lit- program, I think the countries would People know who the people are with erally in the crossfire of a civil war in be more interested, but they are going wealth. If one has wealth, one has to a country who go to work, and one far beyond it. hide it, or one lives a prisoner of one’s knows their buildings have been essen- They are looking into programs that wealth. One cannot really go out and tially tagged by these forces, one side would, and I have a list here just ask- enjoy society. or the other, and know that they are so ing for $50 million for the year 2000 for I had friends who told me that their close to, perhaps, being kidnapped or the Agency of International Develop- children were in school, and they would being sent away. This is a daily thing ment in the area of human rights to do get a picture, like picture postcards that these people live with. things like train judicial officials so with the crosshairs of a rifle on their So when the gentleman talks about that they can investigate and pros- children’s faces as they exited school, the peace rally with, I have heard, up ecute on human rights claims. meaning that somebody had taken a to 10 million people marching in cities One can have violations of human picture of these children through a across Colombia, the courage that it rights, but if one does not have the scope of a rifle, showing that they took to protest openly, to march for ability to document them and one does know what school they are going to, peace, no more openly, is remarkable not have the ability and the court, get when they are getting out, and that because the consequences are so high. access to the court and standing before they could shoot them at any time Well, one of the things that I got a the court, have a court that is honest, they wanted to. If that does not strike chance to do as a county board official a system that, indeed, will listen to the fear into a family. when I first traveled to Colombia was law and listen to the facts and then So what happens is if one does have to meet other local officials, many who will sentence people and hold them in means, one wants to leave. That is the had run for office with a real commit- sentence and not let them off, this is worst thing that can happen to a coun- ment to peace and had done things like all a process where the ability is there, try is to take the talent, the educated inviting warring factions to speak, and but not necessarily a comprehensive talent, and leave, because it takes a how many of these individuals risked training of how one puts it all to- dedication of a total society. assassination. I thought, what amazing gether. One of the things that you did not courage it took for somebody to run for Ms. BALDWIN. Mr. Speaker, I re- mention that I think I am so impressed local office in parts of Colombia that member learning about this issue of with is just, what, 2 weeks ago, Colom- we could not fathom here the courage impugnity that perhaps is a foreign no- bia, in a demonstration of its own self, that that would take. tion here in the United States. But in of its country, asked people to march So this march for peace was quite re- the past, in Colombia, and they are in a march they called No Mas. They markable at the beginning stages of under way to reform this, if, for exam- did it, I believe, in eight of the major the peace talks in Colombia that ple, a military official engaged in an cities in Colombia. Anywhere between, Pastrana is leading. egregious human rights violation, they depending on the count, 6 to 10 million Mr. FARR of California. Mr. Speaker, would be tried in a sort of military people marched. That is one in about will the gentlewoman yield? court. The judges were hired by the every eight persons or less that lives in Ms. BALDWIN. I yield to the gen- people that they were then trying. The Colombia. tleman from California. relationship was such that almost al- No other country in the world, to my Mr. FARR of California. Mr. Speaker, ways people were let off the hook, al- knowledge, has ever turned out that I have a question, and it is a question most always. This is now beginning to many people to march in protest of that I think we both know the answer change, which does give us tremendous what is occurring to the society. I to, but it bears asking, and that is: hope for the future. think we ought to be very encouraged Why should the American public care The congress of Colombia has now as Americans that Colombians feel about Colombia? It is one of many passed a law that would put teeth in strong enough about the problems in countries in Latin America. It is his- the military judicial system and hold their country that they are willing to torically very dear, I think, to our military officials accountable if they demonstrate in that type of fashion, in country. Our President Kennedy trav- were found to have engaged in human a peaceful fashion, with so many peo- eled to Bogota. The airport was named rights violations. So it is a very posi- ple. I do not think we have ever had a after him. Many schools were named tive step forward. But I think for many demonstration in the United States, after the President. of us in the United States who expect and we are a much bigger country, of It is a country that has had a lot of the rule of law, it is confusing to hear that many people. people come to the United States to be the people who conducted massacres Ms. BALDWIN. Mr. Speaker, the educated. I think there is about almost might not even be held accountable, story that I remember so vividly about a half a million Colombians living in might not even be discharged from the lack of security in all realms of life the greater Washington area. I mean, their job, let alone imprisoned and held is, when I visited a banana plantation there is a lot of connection. accountable for their actions. in the areas outside of Portado, Colom- But for those people in the gentle- Mr. FARR of California. Mr. Speaker, bia. I remember seeing graffiti spray- woman’s State and in my State of Cali- will the gentlewoman yield? painted on one of the buildings on the fornia, or others around who are listen- Ms. BALDWIN. I yield to the gen- plantation and asking what the, I could ing to this and who are watching Con- tleman from California. not read the language, and asking what gress in its foreign aid appropriations Mr. FARR of California. Mr. Speaker, it said. It was graffiti in this case from who are saying, well, we have enough it is very hard, I do not know, we can one of the guerilla organizations. problems here in the United States, imagine it, but it is very hard to sort I asked, what would happen if one why should we give any money to a of project this on another country, be- simply painted over this? The graffiti country overseas and particularly one cause we take it so much for granted. was beckoning to the workers at the country that is producing all of these We feel secure in our workplace. We plantation to join the FARC. I said, drugs that we seem to be addicted to? feel secure in our communities. Now, what would happen if one spray-paint- Why should we be helping them at all? there is always exceptions to that with ed this? Well, the next week, the para- Ms. BALDWIN. Mr. Speaker, well, for crime, but we do not wake up every military forces might come through, me, in many ways it is an easy ques- morning thinking today is the day and if the spray paint is still there, tion because I have had the oppor- something awful is going to happen to they will be accused of being sympa- tunity to get to know people there, me or my child or my spouse when thizers for not having painted over it. leaders there, people with great hope, they go to work. But on the other hand, if they paint not only for their country, but for co- But in Colombia, that happens. There over it and get rid of the graffiti, the existence in a more peaceful world. We is not a sense of individual security. guerillas might come through and also are large trading partners in the sense

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.205 pfrm02 PsN: H16PT1 H12100 CONGRESSIONAL RECORD — HOUSE November 16, 1999 that the agricultural products of Co- of pesticides, to make sure that we pro- Because none of the aid to the military lombia, and I am not talking about il- mote trade in a way that helps the Co- for suppression of drugs will work un- legal ones, I am talking about coffee, lombian worker as well as the U.S. less the rest of the country is brought bananas, and many other products, are worker. up on its feet. so important. When we have discussions about Ms. BALDWIN. And, in fact, there is One of the exciting things for our NAFTA and GATT and expansion of certainly some sobering statistics that local community when we first decided trade agreements, and of course we have heard in terms of the effective- to adopt or be adopted by a Colombian NAFTA does not include Colombia, but ness of some of our targeted expendi- community when we started this sister there are people talking all the time tures in Colombia before. Drug produc- community project, and I know there about global trade, we have a capacity tion is up markedly, even though U.S. are so many across the country now, because they are trading partners, to military assistance and police assist- there are many communities across the help address some serious issues of ance has been increased. And that is United States that have sister commu- abuse of labor that ought to concern us obviously not the direction that we nities in Colombia, that we found all all. want to go. the similarities. Mr. FARR of California. Mr. Speaker, And as people who are truly con- I come from an agricultural State. we are going to have a chance to do cerned about the problem of drug abuse We are partnered and have a sister that in the year 2001. The Andean and drug addiction, we want our re- community with the banana growing Trade Pact, which gives these pref- sources to be used effectively. I believe region, which actually is not one of the erence trade agreements to the Andean in so doing what we will recognize is major drug-producing areas of Colom- countries, will be up for renewal, and that the problems in Colombia are bia, but, yet, still faces some of the vi- we will be able to have the ability to truly interrelated, and achieving peace, olence that we have been talking negotiate on that. and achieving a more balanced econ- about, a lot of the violence. It is an I look forward to some hard, tough omy, and achieving a greater rate of area that has absorbed a large group of negotiations. Hopefully, we can im- employment in Colombia, achieving all refugees. It is an area struggling for a prove the condition of the working those things will truly help us reduce more fair division of wealth. class in these countries, the Andean the production of drugs and the impor- I described before the ownership of countries, and particularly, I think, tation of drugs and the drug traf- vast amounts of land by one or two help some of our flower growers that ficking, and thereby decreasing vio- landlords. They are struggling to start are struggling as well. lence, and that that is where we have collectives. So we had experts from Another interesting thing about Co- to push our U.S. policy. Wisconsin in the cooperative move- lombia that many people do not think Now, I am still not sure when we are ment, electrical co-ops, credit unions, about, I just got some facts today that going to have this grand debate on the et cetera, go and advise people in Co- today there are 25,000 American citi- floor of the U.S. House of Representa- lombia on how they can set up collec- zens who live in Colombia. From Octo- tives. I know that there was some sus- tives to prosper. Those type of ties for ber 1997 to September 1998, more than picion that we might be having this de- me, all aside from the very important 158,000 Americans visited Colombia. bate yet this fall, but it appears that it issue of fighting drug addiction and Currently, we have 250 private Amer- is a debate that will be deferred until drug abuse, call for us to care about ican businesses that are registered in the early months of next year. We have what happens there. Colombia. heard of a variety of proposals. There Mr. FARR of California. Mr. Speaker, There is a strong American-Colom- is a bill in the other body that has been I am very pleased to hear that. Colom- bian connection, despite all of the vio- put forward. There has been discussion bians are very entrepreneurial. As the lence and problems that have been in this House of proposals. Different gentlewoman talked about agriculture, going on. The key that we are here to- parts of the administration have talked the one thing that has really hit our night on the floor talking about is how about different ways of providing in- district probably more so than drugs is do we move beyond this impasse. Co- creased funding to Colombia. how successful the Colombians have lombia has come to us and said we I think my strongest concern is that been in growing flowers. want to move on. We want to move sig- we not oversimplify the problem there; I represent an area in California nificantly further than we have ever that in a combined and dedicated effort which has a substantial number of been before in all kinds of reforms. We to really respond to a drug crisis, that flower growers, and they are really need the aid of the United States. We we do so in the most effective way pos- hurt by the Colombian imports. I have a plan. It is a well-thought-out sible, using our resources as best we mean, it is a good news-bad news story. plan. It has been applauded wherever it can, and that that, in this case, prob- It is a good news for Colombia that has been presented as a comprehensive ably means responding to poverty and they have been able to be so successful plan, as a plan that could work. investing in economic development, that they have a $4 million export busi- But there is no free lunch. Colom- helping rebuild a responsive judicial ness to the United States and have 80 bians are asking us, as well as the Eu- system. It is, as the gentleman indi- percent of the entire U.S. market for ropeans and other countries, to help fi- cated, not merely a matter of providing cut flowers. We have given them free nance that plan. more guns and helicopters and sending more people through the School of the rein to have that because we do not b charge them any tariffs where we do 2300 Americas, and simply a matter of al- charge other countries. Because as the gentlewoman men- most engaging in part of their civil So it is good news for them and it has tioned, they are in a historically deep war; that, instead, it is a much more been bad news for our flower growers. recession right now, and no country in comprehensive and complex strategy Hopefully, we can negotiate with Co- conditions like that can pull out of that we must engage in. lombia and make some differences that without some international help. Mr. FARR of California. Has the gen- about that. And so as we approach how we are tlewoman not been impressed with the Ms. BALDWIN. Mr. Speaker, that of- going to bail out Colombia, what we number of organizations, nongovern- fers another example of a way we can have to break here in Congress is the mental organizations, the human also be very helpful to Colombia, be- stranglehold that has said the only rights organizations, the number of ac- cause when I visited the flower-growing way we are going to help Colombia is tive missions, of technicians, of people, region, a carnation-growing region, I to give them Blackhawk helicopters, as the gentlewoman talked about, who had the chance to speak with a number more money for military, more na- are just skilled farmers or skilled of the workers who were trying to or- tional police money. It may be that nurses, people who would really want ganize, trying to address a number of some of that is essential, but that is to help Colombia? I think if we can worker-related issues that I think it not the whole package. And Colom- make this country safe to return to, we would make a big difference to people bians keep reminding us that is not all will see an outpouring of Americans. It here in the United States, particularly, that we have asked for, we have asked is such a beautiful country. There is so the labor conditions and issues of use for a lot of other help that is essential. much possibility there. And I just

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.206 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12101 think that we in Congress have to pro- woman from Wisconsin on the subject annual murders were around the 2,000 vide the resources to make this pos- of Colombia. mark, in fact, in excess of 2,000. A 70 sible. I do chair in the House of Represent- percent decline in the murder rate My daughter is 21 years old. I would atives the Subcommittee on Criminal there has been achieved through a zero- hate to think that there is any place in Justice, Drug Policy and Human Re- tolerance and tough enforcement pol- the world that she cannot as an Amer- sources, and have attempted this year, icy that has worked. Hopefully, the ican citizen go and be safe in, and par- almost on a weekly basis, to come to success story that we heard about ticularly in a country which her father the floor of the House and spend part of there is being replicated. And we know spent two of the most marvelous years a Tuesday evening, when we have the that it is being replicated in other of his life as a Peace Corps volunteer. extensive time granted to Members to communities; and where it is, we have Yet my wife and others do not think it discuss issues up until the magic hour seen also some dramatic decreases in is safe for her to go down there, par- of midnight. I have used that time to crime, violence, and narcotics use. ticularly alone. It may be, but the per- speak on what I consider the biggest Also important to our subcommittee ception is that it is not. And that is a social and criminal justice and health and in developing the House’s strategy tragedy, that we have a country that policy facing our Nation, and that is for dealing with the problem of illegal we are so close to and people that we the problem of illegal narcotics and narcotics, narcotics trafficking, is have had such a long historical rela- drug abuse. looking at the areas that bring drugs tionship with and a country that has Just as a wrap-up tonight, discussing forth into our country into our borders; probably been historically the strong- some of the activities of our sub- and we have spent several hearings est democracy in Latin America that committee, and I think it has had a back in February looking at the situa- our own children cannot feel safe to very effective and also full schedule tion as far as Mexico. visit or study in their schools. during 1999, we have held almost 30 Seventy percent of the illegal nar- I hope that those of us who are Mem- hearings, and almost 20 of them on the cotics coming into the United States bers of Congress who care about this topic of drug policy. transit through Mexico. We conducted will have the ability to do something I remember coming to Congress in a rather thorough review and oversight about it in a very short time. 1993. From 1993 to 1995, when the other of our policy toward Mexico in advance Ms. BALDWIN. Mr. Speaker, I am de- side controlled the House of Represent- of the President’s requirement under lighted that the gentleman was able to atives, the White House, and the other law to certify Mexico as cooperating join in this discussion. I think it is a body, during that period of time only under again a Federal law that requires very important discussion. I suspect one hearing was held in an oversight that certification that Mexico is co- that the next special order will carry capacity on the topic of our national operating with the United States to on with a similar concern about fight- drug policy, and that is part of how we stop both the production and traf- ing drug abuse and drug addiction in got ourselves into the situation we are ficking of illegal narcotics. this country and talking about those in today with the dramatic increases in In return for that certification and efforts. And I certainly want to be one drug-induced deaths resulting from il- cooperation, a country under that law, to reach out to both sides of the aisle, legal narcotics and also from the in- whether it is Mexico or other coun- to reach over to the other body, to credible numbers we have in prison and tries, is eligible to receive benefits of work with the administration, and cer- also the societal problems and costs the United States, either foreign as- tainly to keep in close contact with the that we see that are incurred not only sistance, financial assistance, financial people of Colombia who can, I think, by Congress but to American families support, votes in international organi- inform this debate and help us find and parents throughout our land. zations, and also they receive certain true solutions to real problems. And I benefits as far as trade from the United b 2310 very much thank the gentleman for States. That is once they are certified joining in this with me. So we have had, as I said, a full list as fully cooperating. Mr. FARR of California. Well, Mr. of hearings. We have tried to cover a We did review the previous year’s ex- Speaker, I thank the gentlewoman for number of topics starting last January perience with Mexico and found some scheduling this hour, and I would en- in my own district to assess the prob- of their efforts lacking, in fact, reduc- courage everyone who has listened to lem in central Florida and the area tions in seizures of both heroin and co- this, who cares about Colombia, to pe- that I serve. caine, and not really addressing some tition and to write the President, to let I have repeatedly mentioned that of the requests that the Congress had the President of the United States central Florida is a very prosperous made some 2 years ago, including ex- know that it is important for the area of our Nation and it has been rav- traditing major drug kingpin traf- President to make Colombia a high pri- aged by illegal narcotics. Their head- fickers; signing a maritime agreement, ority, not just Members of Congress. lines have blurted out this past year which they still have not done; allow- And also to remind us that we, as that drug deaths now exceed homi- ing our DEA agents to protect them- Americans, are part of the problem. Be- cides. And the situation continues to selves in their country, and that was cause we are the buyers of the illicit be critical in spite of some of the solu- based on the experience we had with drugs that are coming out of Colombia. tions that we have put in place and one DEA agent murdered some years If there was no market, there would be steps that we have taken. It is a very ago; and also enforcement of Mexican very little production. We need to take difficult problem to solve. We have drug laws that were passed and money some responsibility for that as well. seen that. laundering laws that were passed that f We do know that in some jurisdic- were, unfortunately, passed but not tions through some efforts there have fully executed. ILLEGAL NARCOTICS AND DRUG been successes; and, in others, there We looked at all of the range of re- ABUSE have been failures. quests that this Congress had made 2 The SPEAKER pro tempore (Mr. In February of this year, we asked years ago to see if Mexico, in fact, had COOKSEY). Under the Speaker’s an- one of those success stories to be heard complied; and we found, in fact, their nounced policy of January 6, 1999, the before our subcommittee and we con- cooperation lacking. In fact, one of the gentleman from Florida (Mr. MICA) is ducted a hearing that featured New most disturbing reports that we had recognized for the time remaining York Mayor Rudy Giuliani. And cer- from that hearing was, in fact, that until midnight. tainly of all the examples of successes Mexico, according to our United States Mr. MICA. Mr. Speaker, I am pleased in this country, no one has been more Department of State, continues to be to come before the House. Although successful or more effective in cur- the primary haven for money laun- the hour is late, I think the subject is tailing illegal narcotics, crime, and dering in Latin America. extremely important, and some of it certainly bringing the murder rate One of the things that was most dis- will continue upon a dialogue that was under control than Rudy Giuliani. turbing about the actions of Mexico begun in the last hour by the gen- In fact, when he became Mayor of was that, while we had asked them to tleman from California and the gentle- New York some years ago, the average execute and enforce the laws that they

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.208 pfrm02 PsN: H16PT1 H12102 CONGRESSIONAL RECORD — HOUSE November 16, 1999 had passed dealing with money laun- b 2320 its in production, primarily black tar dering, we found instead hostility to- To date, Mexico has not extradited a heroin from Mexico. The other scary wards an investigation that the United single kingpin drug or illegal narcotics thing, of all the heroin that is coming States began in that country. trafficker despite requests. Mexico has into the United States is the purity That investigation was probably the only approved 42 extradition requests levels that were in the low teens, as far largest money laundering investigation since 1996. Of 20 of the extradition re- as the purity of heroin is now coming in the history of the United States Cus- quests that Mexico has approved, there in from both Mexico, South America toms and certainly on the inter- has only been one of those who has and other sources is a very high purity national scene and involved hundreds been a Mexican citizen. No major drug level, sometimes 80, 90 percent. So of millions of dollars that we know kingpin from Mexico who is a Mexican what we have is more production from came from drug money laundering. national again has been indicted to Mexico, more production from South This undercover operation was the date. America, in particular Colombia, and largest money laundering sting in the In June of this past year, our sub- more production of a very deadly her- history of the United States. committee did hold another hearing on oin, and that is one reason why we As it ended up, 40 Mexicans and Ven- Mexico’s cooperation on the question have the epidemic of heroin deaths ezuelan bankers, businessmen, and sus- of extradition. The title of that hearing both in my district and throughout the pected drug cartel members were ar- is, Is Mexico a Safe Haven for Mur- United States. rested and 70 others indicted as fugi- derers and Drug Traffickers? Particu- We do have some serious problems tives. larly we looked into the case brought with Mexico. We will continue from our The United States officials at the to the attention of the subcommittee subcommittee to monitor their co- time of our preliminary work on this and the Congress of a suspected mur- operation. We have that responsibility. investigation and during the investiga- derer, Mr. Del Toro, who was suspected Our primary responsibility, of course, tion, did not fully inform Mexican of murder, very heavily implicated in is stopping drugs at their source, inter- counterparts of the operation because the death of a Sarasota, Florida, dicting drugs before they come into the they feared Mexican corrupt officials woman, a terrible death in which this United States. That really is some- might endanger our agents’ lives. How- woman was murdered and the body was thing that we have tried to closely ex- ever, they were kept abreast generally left with her two young children. That amine, how effective that has worked. In the past, and I have held up some of the operation. individual, even though his name is Del Toro, was a U.S. citizen, fled to Mexico of these charts before, particularly in Three of Mexico’s most prominent the Reagan administration and the banks, Bancomer, Banc Serfin, and and was granted temporary refuge there. I am pleased that after our June Bush administration, the United States Banc Confia, were implicated in this Federal Government, as we can see by investigation. This investigation also 23 hearing, that Mexico did extradite Mr. Del Toro and he is now sitting in this chart, up to 1993 with the Clinton revealed some startling facts about administration, had continually ad- what is going on in Mexico. jail in Florida awaiting justice in our system. We have made some progress, dressed proper funding and spending for One of our senior United States Cus- but again to date not one single major international programs. International toms agents who led the Casa Blanca drug kingpin who is a Mexican national programs are stopping drugs at their probe declared that corruption had has been extradited. source. Basically what happened is the reached the highest levels of the This is all in spite of the fact that on War on Drugs was closed down in 1993 Zedillo government, the current gov- November 13, 1997, the United States when the other side took over the ernment, when he implicated the Min- and Mexico signed a protocol to the House, the Senate and the White ister of Defense of Mexico, Enrique current extradition treaty. Now, this House, and Clinton policy really gutted Cervantes. protocol, basically the outline and all of these programs. That meant crop In June of 1998, the Mexican Govern- agreement for extradition, has been alternative programs, stopping drugs ment advised the United States it ratified by the United States Senate at their source, anything that dealt on would prosecute United States Cus- but is currently still being delayed by the international level which again is a toms agents and informers who took the Mexican Senate. They have failed primary responsibility of the Federal part in Operation Casa Blanca. So rath- to act on that and, as I said, they also Government was either slashed dra- er than cooperate with the United have failed to act on the signing or matically or these programs elimi- States, Mexico threatened to indict reaching a maritime agreement of co- nated. Only now, in 1995, with the ad- and arrest the United States officials operation. vent of the new majority have we real- involved in that operation. I am pleased that this year we have ly gotten ourselves back to the In February of this year, 1999, a some indication of increased seizures of Reagan-Bush dollar levels of funding Mexican judge denied the extradition cocaine and heroin by Mexican offi- for the international programs. We can of five Mexican bankers that the cials, in cooperation with the United see some immediate success in several United States had requested for their States officials. That is some good areas, particularly Peru and Bolivia role in operation Casa Blanca. news. Some bad news is that we have where they have cut production of co- In fact, extradition continues to be a just received additional information on caine in Peru by some 60 percent, in very sore point in relations between the signature heroin program. I have Bolivia by over 50 percent just in sev- the United States and Mexico. had before this chart that showed, and eral years. The one area where we have Last week, I reported that we met I think we can see it here, 14 percent of not had a reduction in narcotics traf- with the attorney general and the for- the heroin coming into the United ficking and production, of course, is eign minister of Mexico here in Wash- States, was coming, in 1997, from Mex- Colombia. ington in what was, I believe, the sev- ico. We know this is pretty accurate, The previous speakers, the gen- enth high level working group that in- because these tests that are done by tleman from California, the gentle- cluded our drug czar, other high level DEA are almost a DNA sampling and woman from Wisconsin, talked about officials in our administration, the sec- can almost trace this heroin to the Colombia, and I think in somewhat retary, under secretary for inter- fields from which the heroin originates. nostalgic terms. I believe at least one national narcotics matters, and offi- Unfortunately, I just received this of the speakers had participated in our cials from various United States agen- chart last week of the 1998 seizures of Peace Corps and both are familiar with cies and numerous Members of both the heroin in the United States. This shows Colombia. We have a very serious prob- House and the other body. that Mexico has jumped from 14 to 17 lem with Colombia today. That prob- At the top of our request list again to percent of the heroin entering the lem did not happen overnight. That Mexico was a question of extradition, United States, comes from Mexico. problem is a direct result of a policy, I not only in the Casa Blanca case, but That does not sound like much, 14 to 17 believe, and we held a number of hear- to date United States officials have 275 percent, but it is about a 20 percent in- ings in our subcommittee on the sub- pending requests for extradition with crease. What is startling, too, is in the ject, and in the Congress there have Mexico. early 1990’s, we were in the single dig- been some 16 hearings on that subject

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.211 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12103 that I am aware of, both in our sub- country, so tens of thousands have What is again absolutely incredible is committee and other committees, in- died. Over 4,000 police, public officials, that to date, we have in Colombia six cluding International Relations, on the and everyone from Members of their of nine Huey helicopters that are oper- problems relating to Colombia. Colom- Congress to their Supreme Court, have ating. We expended $40 million on that, bia is another example of the United been slaughtered, murdered, in what so two-thirds of what we requested as States changing policy with the Clin- has taken place as lawlessness, and far as Huey helicopters are operating, ton administration, ending the War on this terrorist insurgency has taken so that is six total Hueys at a cost of Drugs. They stopped the international hold. $40 million. programs, they stopped the interdic- What is even sadder is that 80 percent One of the other helicopters that has tion programs, and this would be stop- of all cocaine and 75 percent of all the been requested was Black Hawk heli- ping drugs from the source to the heroin in the United States today copters, which have both combat capa- United States borders. Again, we do comes from Colombia. If we looked at a bility and also high altitude capability, not see a change in this policy getting chart back in 1992, 1991, we would see which we need, and flexibility for Co- us back to the level of funding that we very little cocaine produced in Colom- lombia, which has mountainous ranges had under the Reagan and Bush admin- bia. This administration, through its where coke and poppy are grown and istration until up to the new majority policy, again, of stopping information, also trafficked. taking control. Otherwise, we see a of stopping resources getting to Colom- What is absolutely incredible is that complete slash in stopping drugs at bia, and of denying assistance to Co- out of the three or out of six that we their source. And also interdicting lombia to combat illegal narcotics, has funded for Colombia, only three have drugs as they came from their source. allowed in some 6 or 7 years for Colom- been delivered. Of the three that have bia to now become the largest cocaine b 2330 been delivered, in fact, none of them producer in the world. are operational at this point because It also went from almost a zero pro- In fact, one of the first actions of the all three of them lack proper floor ar- duction of heroin or poppies to now Clinton administration was to cease moring, and additionally, they do not providing, and I think the charts show, providing intelligence information to have ammunition. some 60 percent to 70 percent of all of Colombia on May 1, 1994. That was the Now the ammunition we requested, the heroin coming into the United beginning of our problems with Colom- and I know I have been involved in that States we can very definitely identify bia, and from the time of this bad pol- for several years, and mini-guns to go as coming from Colombia. All this took icy adoption, things have gone dra- to Colombia, we had testimony, again place under the Clinton administra- matically downhill in Colombia. behind closed doors, that in fact, as of tion, and in spite of repeated pleas That policy change created a gap November 1, that ammunition and that allowed drug flights and transit from both the minority, when we were in the minority, and since we have those mini-guns had been shipped, but areas that were once denied to drug we did not have confirmation as of last traffickers to open wide open. Only taken over, the majority to make cer- tain that resources and assistance got week whether or not they had been de- after the United States Congress inter- livered. vened and identified this misstep did to Colombia. What is absolutely incredible, as I So we have actually only six oper- the Clinton administration, after some ating Huey helicopters out of nine and very harmful delays, resume intel- stand before the House tonight, we still find ourselves faced with aid that we six would be 15 requested, and three of ligence-sharing. the Black Hawks are not operational. What is interesting, the next step requested some years ago, with assist- ance that we appropriated in the pre- Now, if we also look at the dollars in- was removal of some of the overflight volved, we take out $42 million for and surveillance information, and I be- vious fiscal year, still not getting to Colombia. Peru and Bolivia and we are down to lieve the Vice President was involved If I have heard one thing once, I have $190 million, and we find that the Black in some of those decisions to take some heard it a thousand times. I have heard Hawk helicopters really accounted for of our AWACs planes and other infor- that the country of Colombia is the a great deal of the balance of the resid- mation, surveillance aircraft, and third largest recipient of the United ual funds, the super Hueys and several move them to different locations. States foreign aid. That is based on a other activities. Some, of course, went to other deploy- supplemental that was provided last What in fact we find out is that of ments of the Clinton administration. It year by the Republican majority, initi- the $232 million above, there was $176 is my understanding one AWACs was ated by, in fact, the former chair of million in fact set aside for Colombia, sent by the Vice President over Alaska this subcommittee, the gentleman but only one-half of this has actually to check for oil spills, as opposed to from Illinois (Mr. HASTERT), who is been delivered or is operational. taking care of providing information to now Speaker of the House. What is even more startling is the go after drug traffickers. I worked diligently to make sure Co- administration announced with great In addition to going after drug traf- lombia had the resources, and we fanfare that the President was going to fickers, the other important thing has passed, under our watch, a supple- take surplus equipment, again in the been to stem some of the violence, the mental to make certain that the re- previous fiscal year, in 1999, and we are narco-terrorist violence in Colombia. It sources got to the source, the primary now in 1999–2000, but this is called 506 A is important that we pay attention to source, of illegal hard drugs, cocaine drawdown. It is off-the-shelf equip- human rights, and that human rights and heroin, coming into the United ment. violations do not go unpunished. States. To date, not one single piece of President Pastrano, the new presi- It is absolutely incredible, again, to equipment or assistance has been pro- dent of Colombia, has made incredible report that the House, the findings vided to Colombia at this juncture. progress. Very few human rights viola- from closed-door sessions we held for However, the administration admits tions by the military have been re- the last 2 weeks, we find that in fact it now that we have an emergency situa- ported. The United States is also pro- was not $300 million in total that went tion. General Barry McCaffrey, who is viding training to their military so to Colombia. That got whittled away. head of our antidrug effort and our na- that they are aware of human rights So $42 million ended up actually, of tional drug czar, described Colombia violations, and that they do conduct $230 million, $42 million went to Peru as, and I will quote him, as an ‘‘emer- themselves as far as their military ac- and Bolivia. gency situation’’ at a hearing before tivities in compliance with inter- Additionally, we have been requested our Subcommittee on Criminal Jus- national standards and basic human or we were requesting since 1995 that tice, Drug Policy, and Human Re- rights. helicopters which have been requested sources on August 6 of 1999. However, the human rights of 30,000 by Colombia be sent to Colombia to b Colombians were ignored in this period deal with eradication and to deal also 2340 of time. That is how many Colombians with the insurgency that was financed Now, I believe that the administra- have met their fate and their death as in cooperating with narcotics, illegal tion is somewhat embarrassed to come a result of narco-terrorism in their narcotics in that country. to the Congress in these final days as

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.213 pfrm02 PsN: H16PT1 H12104 CONGRESSIONAL RECORD — HOUSE November 16, 1999 we debate the 1999–2000 normal budget year before the administration began 48,000 employees, which meant that and request additional funds. Anyone its efforts to make certain that none of about one out of 10 in the District of who looks at this, and details the the equipment and resources that the Columbia worked for the District of amount of money appropriated by Con- Congress was trying to provide got to Columbia, not mentioning the con- gress initiated in the House of Rep- Colombia. tracts that were let. resentatives for Colombia and then So, again, the history of Colombia is We got that down I believe to around sees what has actually been delivered interesting. Even this past week and, 33,000. The issue is not about spending would be shocked and I think some- in fact, in the newspaper, we have a re- this year, because we have brought what embarrassed to come here and port of the Colombian rebels making into control the operations of the Dis- start asking for a billion to $2 billion. certain demands to the current govern- trict. We brought in new management. And I might say that we are not op- ment. And this story is dateline Bo- Fortunately, one of those individuals is posed to additional funds on our side of gota, Colombia. The country’s largest now the Mayor. And the District, just the aisle for Colombia. We have a situ- guerrilla group said it would reject a like our national budget, on an ation out of control. We have a region year-end truce offer unless the govern- annualized basis, of course we have that is in danger. We have a neighbor ment stopped extraditing drug suspects debt, but on an annualized basis is in that is just a few hours away from to the United States. That is one of the fairly good order. Miami. We have an instability that is major conditions they put forth. The reason the President has vetoed being created now all the way up to the And I will say that last week Colom- the bill is not dealing with dollars and Panama Canal over into the Caribbean bia, as opposed to Mexico where we cents, it is dealing with policy. The and through Central and South Amer- have had inaction, did vote for the ex- Clinton administration has cham- ica by this situation that has grown tradition of major drug traffickers. pioned a needle exchange program for out of control. Now we have the Marxist guerrilla the District of Columbia. General McCaffrey also went on to group financed by drug traffickers b 2350 state, ‘‘The United States has paid in- threatening to hold the peace process adequate attention to a serious and in abeyance if Colombian officials go That has been one of the bones of growing emergency.’’ That probably forward with the extradition of the contention. The other, of course, is a will go down in history as one of the major drug kingpin traffickers. liberalized drug policy with regard to understatements, particularly given We will be back, I am sure, next year referendum to legalize certain drugs in the latest information that we have to the topic of Colombia, even though the District of Columbia. and, again, the disruption to the whole we wind up in the next few days here So part of the fight on the floor of region that we see. our budget in Washington. the House has been about policy and Mr. Speaker, it is interesting to note Mr. Speaker, let me turn a moment liberalization of drug policy. I have too that General Serrano, who is the to the situation in Washington. As shown many times this chart of Balti- Chief of the Colombian National Po- most people who observe the Congress more where Baltimore went in 1996 lice, he stated to our subcommittee know, we are in the process of winding from 38,000, almost 39,000 heroin ad- that 90 percent of the anti-drug mis- up our year-end responsibilities and dicts to today above 60,000 heroin ad- sions the Colombian National Police that is funding all of the activities of dicts. That is just in this period. That must conduct are required to be con- the Federal Government. That process is through adoption of a liberal policy, ducted by helicopter, again, given the takes place through the adoption of 13 a needle exchange policy and liberal- terrain of the country. I know it is nice bills, each of which funds our Federal ized drug policy. to think that just good things will hap- Government. Deaths also remain constant in Balti- pen if we wish and hope, and I respect Today, we have passed about eight of more, 312 murders in 1997 and 312 in the opinion of the other Members who those and we have about five in conten- 1998. A liberal policy of failure. I have spoke in here before on the floor. But I tion. One of those in contention is the said, if we have to have this bill vetoed, think we know that some tough meas- District of Columbia. The President the District bill, with liberal provisions ures are needed and that this insur- has vetoed the appropriations measure on drug policy 10 more times, so let it gency must be brought under control for the District of Columbia. What is be. But that is part of what the debate by President Pastrana, or there never really interesting at this juncture, we is about here. will be peace in Colombia or there have passed a balanced budget. The That is in spite of people like General never will be peace in this region. new majority brought the country’s fi- Barry McCaffrey who is our national The latest information that we have nances into order. We have a basic Drug Czar appointed by the President, just a few months ago is that the agreement. We set up terms of that he said ‘‘By handing out needles, we FARC, which is the guerrilla forces fi- agreement so that we must stick to the encourage drug use. Such a message nanced by illegal narcotics activities, budget agreement in terms. We are would be inconsistent with the tenure earn up to $600 million per year in prof- doing pretty much that, even within of our national youth oriented anti- its from the drug trade. United States the District budget. drug campaign.’’ So the Drug Czar him- officials believe that the area under Mr. Speaker, we have to remember self has said that we should not liber- drug cultivation in Colombia has spi- the District budget, when we took over alize the policy in the District. He does ralled from some 196,000 acres last year control of the House of Representatives not support this move. from 79,000 acres, and this, again, is a after 40 years of control by the other We have others who have attempted problem I think created by inattention party, the District of Columbia was in a needle exchange and found that they by this administration by stopping the shambles. The year we took over, they did just the opposite of what they in- resources, by decertifying Colombia in were short in debt just for one year tended to do. A Montreal study showed the improper manner in which it was about three-quarters of a billion dol- that IV addicts who use needle ex- decertified without a national interest lars. That means the taxpayers from change programs were more than twice waiver to make certain that these across the country were underwriting likely to become infected with HIV as long-sought-after pieces of equipment the largesse and wild spending not only IV addicts who did not use needle ex- and in some cases ammunition, heli- of the Federal Government and its change programs. copters, arrived there to help in bring- agencies but also the District of Co- Another study in 1997 in Vancouver ing this pattern of devastation and lumbia. reported that, when their needle ex- left-wing guerrilla activity under con- That situation has been brought change programs started in 1988, HIV trol. under control by the new majority, prevalence in IV drug addicts was only A recent United States-based General just as we brought into balance the 1 to 2 percent, and now it is 23 percent. Accounting report said cocaine produc- Federal budget. We did that by elimi- Again, we believe, at least on our tion in Colombia has increased by 50 nating some of the employees. They side of the aisle that these issues, these percent just since 1996, making it again had the largest number of employees of policies are worth fighting for. It is un- the number one cocaine producer in the any governmental body probably out- fortunate that the Congress just a few world. It is interesting to note that the side the former Soviet Union. They had days before the Thanksgiving holiday

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.216 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12105 is here. But, in fact, it is important The statistics go on to relate the tempore (Mr. HASTINGS of Washington) that we are here. It is important that problems that we have. I share with my at 12 o’clock and 44 minutes a.m. we do not allow our Nation’s capital, colleagues some of them as I close, and f which should be the shining example, these are from our National Drug Con- to return to its former state or to trol Policy Office. According to that of- REPORT ON RESOLUTION PRO- adopt a failed policy of liberalization. fice, each day, 8,000 young people will VIDING FOR CONSIDERATION OF If the Nation’s capital does not set the try an illegal drug for the first time. H.J. RES. 80, FURTHER CON- example, then who does? For many of them, it will be the last TINUING APPROPRIATIONS, FIS- We have taken the District a long time. Because of those 15,700 deaths, CAL YEAR 2000 way in 4-plus short years. It was not a many, many of them are young people, Mr. DREIER, from the Committee on shining example when we took over. It even teenagers today who fall victim to Rules, submitted a privileged report was a great example of big government these high purity hard narcotics and (Rept. No. 106–473) on the resolution (H. going bad. That is the same problem we unfortunately do not survive. Res. 381) providing for consideration of have with many of the other programs. According to the Office of National Public education. There has been a the joint resolution (H.J. Res. 80) mak- Drug Policy Control, 352 people start tremendous amount of discussion ing further continuing appropriations using heroin each day across the about improving education across our for the fiscal year 2000, and for other United States. Today, we have seen land. The Federal Government today purposes, which was referred to the also, according to the same office, a only provides 5 cents of every dollar to- House Calendar and ordered to be record number of heroin deaths, not wards education. Most of it is provided printed. only in central Florida, but throughout by local real estate, property, and f this land, and again, particularly State taxes, about 95 percent from among our young people. So we face a local and State sources, 5 percent by LEAVE OF ABSENCE the Federal Government. great social problem, a great challenge. By unanimous consent, leave of ab- There has been a debate in the Con- I am pleased that we have been able sence was granted to: gress here and one of the reasons we to conduct during the past year a num- Mr. WISE (at the request of Mr. GEP- are here is how additional money ber of hearings. We are up to some 18 HARDT) for today on account of recov- would go to education. Should it be hearings on the narcotics issue and ering from surgery. through more Federal programs? We some 30 hearings we will complete by Mr. UNDERWOOD (at the request of had 760. We have gotten that down to the first week in December with our Mr. GEPHARDT) for today and the bal- 700 since we do not want to spend subcommittee. I appreciate the fine ance of the week on account of official money on administration. We want to work of staff and Members. business. spend it on the classroom. Tomorrow, our subcommittee will Mr. ORTIZ (at the request of Mr. GEP- The question of spending it in the hold a hearing at 10 a.m. on the subject HARDT) for today on account of official classroom, 80 to 90 percent of the of Cuba and its involvement in illegal business. money under the Democrat regime narcotics trafficking. The administra- Mr. PAYNE (at the request of Mr. went for everything except basics, ex- tion this past week and the President GEPHARDT) for today on account of a cept for the classrooms. We have tried did not include Cuba in the list of family emergency. to turn that around and say that we major drug traffickers in spite of some Mr. LAHOOD (at the request of Mr. want at least 90 percent of that money evidence to the contrary. ARMEY) for today until 6:00 p.m. on ac- in the classrooms. We will hear both the gentleman count of attending a funeral. The biggest problem we have in addi- from Indiana (Mr. BURTON), chairman Mr. HILL of Montana (at the request tion to liberal policies being promoted of the Committee on Government Re- of Mr. ARMEY) for today on account of in the Washington arena with drugs is form and the gentleman from New medical reasons. just the same problem we face in edu- York (Mr. GILMAN), chairman of the cation where they want the control, Committee on International Relations f they want the ability to dictate, they on investigations they have conducted SPECIAL ORDERS GRANTED want the ability to administer and by their respective committee staffs on By unanimous consent, permission to maintain control in Washington. That the question of Cuba’s involvement and address the House, following the legis- policy has just about been the complicity in international drug traf- lative program and any special orders ruination of public education and also ficking, and also the designation by the heretofore entered, was granted to: made it most difficult for the teacher White House of those countries who (The following Members (at the re- to teach in the classroom, to have con- have been designated as major drug quest of Mr. ABERCROMBIE) to revise trol over the classroom, to have some traffickers, again with the exception of and extend their remarks and include say over the classroom and over the Cuba and with specifically excluding extraneous material:) students. Cuba from that list. Mr. SHERMAN, for 5 minutes, today. So with 5 percent of the money, the So that will be our responsibility. Mr. KIND, for 5 minutes, today. Federal Government has given us 80 Then next year, we will continue on Mr. FRANK of Massachusetts, for 5 percent of the regulations and 90 per- our quest to find some answers to very minutes, today. cent of the headaches. Again, we do not serious problems that the American Mr. CONYERS, for 5 minutes, today. want that policy adopted either in edu- people and certainly the Congress of Mr. HOYER, for 5 minutes, today. cation programs that come from Wash- the United States face. Ms. KAPTUR, for 5 minutes, today. ington or in programs that dictate how f the District of Columbia will operate Mr. DAVIS of Illinois, for 5 minutes, in the future. RECESS today. Mr. CUMMINGS, for 5 minutes, today. As I close tonight, I think that it is The SPEAKER pro tempore (Mr. (The following Members (at the re- important that we realize, and this COOKSEY). Pursuant to clause 12 of rule quest of Mr. MCINTOSH) to revise and may be the last special order on the I, the Chair declares the House in re- extend their remarks and include ex- drug issue, but we realize again the im- cess subject to the call of the Chair. traneous material:) pact of illegal narcotics on our society, Accordingly (at 11 o’clock and 59 Mr. MCINTOSH, for 5 minutes, today. not only the 15,700 who meet their un- minutes p.m.), the House stood in re- Mr. SOUDER, for 5 minutes, today. timely death by drug-induced deaths, cess subject to the call of the Chair. and that is the latest statistic, in the Mr. RAMSTAD, for 5 minutes, today. f last, 6, 7 years since I have been in Con- Mr. LEACH, for 5 minutes, today. gress, there have been 80,000 and 90,000 b 0044 Mr. GUTKNECHT, for 5 minutes, today. people that meet their death and final Mr. PAUL, for 5 minutes, today. fate through drug-induced deaths, a AFTER RECESS Mr. BURTON of Indiana, for 5 minutes, startling figure, almost as many in any The recess having expired, the House today. recent war of this Nation’s history. was called to order by the Speaker pro Mr. DUNCAN, for 5 minutes, today.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\K16NO7.218 pfrm02 PsN: H16PT1 H12106 CONGRESSIONAL RECORD — HOUSE November 16, 1999

Mr. EHLERS, for 5 minutes, November 5373. A letter from the Director, Office of 5384. A letter from the Director, Office of 17. Regulatory Management and Information, Sustainable Fisheries, National Oceanic and Mr. DREIER, for 5 minutes, today. Environmental Protection Agency, transmit- Atmospheric Administration, transmitting ting the Agency’s final rule—Partial With- the Administration’s final rule—Atlantic f drawal of Direct Final Rule for Approval and Highly Migratory Species (HMS) Fisheries; BILLS PRESENTED TO THE Promulgation of Implementation Plans; Large Coastal Shark Species; Adjustments California State Implementation Plan Revi- PRESIDENT [I.D. 052499C] received November 16, 1999, pur- sion, Kern County Air Pollution Control Dis- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. THOMAS, from the Committee trict [CA 172–0188; FRL–6462–9] received No- mittee on Resources. on House Administration, reported vember 10, 1999, pursuant to 5 U.S.C. 5385. A letter from the Director, Office of that that committee did on this day 801(a)(1)(A); to the Committee on Commerce. Sustainable Fisheries, National Oceanic and 5374. A letter from the Chief, Accounting Atmospheric Administration, transmitting present to the President, for his ap- Policy Division, Common Carrier Bureau, proval, bills of the House of the fol- the Administration’s final rule—Fisheries of Federal Communications Commission, trans- the Northeastern United States; Atlantic lowing titles: mitting the Commission’s final rule—In the Sea Scallop Exemption Program [Docket No. H.R. 2454. To assure the long-term con- Matter of Federal-State Joint Board on Uni- 990527146–9146–01; I.D. 110199B] received No- servation of mid-continent light geese and versal Service [CC Docket 96–45] received No- vember 16, 1999, pursuant to 5 U.S.C. the biological diversity of the ecosystem vember 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. upon which many North American migratory 801(a)(1)(A); to the Committee on Commerce. 5386. A letter from the Deputy Assistant birds depend, by directing the Secretary of 5375. A letter from the Director, Defense Administrator for Fisheries, National Oce- the Interior to implement rules to reduce the Security Cooperation Agency, transmitting anic and Atmospheric Administration, trans- notification concerning the Department of overabundant population of mid-continent mitting the Administration’s final rule— the Army’s Proposed Letter(s) of Offer and light geese. Fisheries of the Caribbean, Gulf of Mexico, Acceptance (LOA) to Columbia for defense H.R. 2724. To make technical corrections to and South Atlantic; Coral Reef Resources of articles and services (Transmittal No. 00–19), the Water Resources Development Act of Puerto Rico and the U.S. Virgin Islands; pursuant to 22 U.S.C. 2776(b); to the Com- 1999. Amendment 1 [Docket No. 990722200–9292–02; mittee on International Relations. f 5376. A letter from the Assistant Secretary I.D. 060899D] (RIN: 0648–AG88) received No- vember 16, 1999, pursuant to 5 U.S.C. ADJOURNMENT for Legislative Affairs, Department of State, transmitting certification of a proposed li- 801(a)(1)(A); to the Committee on Resources. Mr. DREIER. Mr. Speaker, I move cense for the export of defense articles or de- 5387. A letter from the Deputy Assistant that the House do now adjourn. fense services sold commercially under a Administrator for Fisheries, National Oce- contract the Netherlands [Transmittal No. anic and Atmospheric Administration, trans- The motion was agreed to; accord- mitting the Administration’s final rule—At- ingly (at 12 o’clock and 45 minutes DTC 165–99], pursuant to 22 U.S.C. 2776(c); to the Committee on International Relations. lantic Highly Migratory Species Fisheries; a.m.), the House adjourned until today, 5377. A letter from the Executive Director, Atlantic Bluefin Tuna Fishery; Regulatory Wednesday, November 17, 1999, at 10 Federal Retirement Thrift Investment Adjustment [Docket No. 990811217–9286–02; a.m. Board, transmitting the Board’s report under I.D. 061899A] (RIN: 0648–AM82) received No- f the Inspector General Act of 1978, pursuant vember 16, 1999, pursuant to 5 U.S.C. to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); 801(a)(1)(A); to the Committee on Resources. EXECUTIVE COMMUNICATIONS, to the Committee on Government Reform. 5388. A letter from the Administrator, Fed- ETC. 5378. A letter from the Executive Director, eral Highway Administration, Department of Office of Navajo and Hopi Indian Relocation, Transportation, transmitting a report enti- Under clause 8 of rule XII, executive transmitting a report in accordance with the tled, ‘‘Fundamental Properties of Asphalts communications were taken from the requirements of the Federal Managers’ Fis- and Modified Asphalts-II’’; to the Committee Speaker’s table and referred as follows: cal Integrity Act of 1982, and the Inspector on Transportation and Infrastructure. 5367. A letter from the Acquisition and General Act of 1988; to the Committee on 5389. A letter from the Chief, Office of Reg- Technology, Under Secretary of Defense, Government Reform. ulations and Administrative Law, National transmitting the quarterly Selected Acquisi- 5379. A letter from the Director, Office of Oceanic and Atmospheric Administration, tion Reports (SARS) as of September 30, 1999, Personnel Management, transmitting the Of- transmitting the Department’s final rule— pursuant to 10 U.S.C. 2432; to the Committee fice’s final rule—Prevailing Rate Systems; Licensing and Manning for Officers of Tow- on Armed Services. Definition of Napa County, California to a ing Vessels [USCG–1999–6224] (RIN: 2115– 5368. A letter from the Secretary of De- Nonappropriated Fund Wage Area (RIN: 3206– AF23) received November 16, 1999, pursuant fense, transmitting a report on the study di- AI86) received November 16, 1999, pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on rected by section 746 of the National Defense Transportation and Infrastructure. Government Reform. Authorizaton Act for Fiscal Year 1997; to the f 5380. A letter from the Chairman, Federal Committee on Armed Services. Election Commission, transmitting the Com- 5369. A letter from the General Counsel, REPORTS OF COMMITTEES ON mission’s final rule—Public Financing of PUBLIC BILLS AND RESOLUTIONS Federal Emergency Management Agency, Presidental Primary And General Election transmitting the Agency’s final rule—Final Candidates [Notice 1999–26] received Novem- Under clause 2 of rule XIII, reports of Flood Elevation Determinations—received ber 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); committees were delivered to the Clerk November 16, 1999, pursuant to 5 U.S.C. to the Committee on House Administration. 801(a)(1)(A); to the Committee on Banking for printing and reference to the proper 5381. A letter from the Director, Office of calendar, as follows: and Financial Services. Surface Mining, Department of the Interior, 5370. A letter from the General Counsel, transmitting the Department’s final rule— Mr. STUMP: Committee of Conference. Federal Emergency Management Agency, West Virginia Regulatory Program [WV–074– Conference report on H.R. 2116. A bill to transmitting the Agency’s final rule— FOR] received November 8, 1999, pursuant to amend title 38, United States Code, to estab- Changes in Flood Elevation Determina- 5 U.S.C. 801(a)(1)(A); to the Committee on lish a program of extended care services for tions—received November 16, 1999, pursuant Resources. veterans and to make other improvements in to 5 U.S.C. 801(a)(1)(A); to the Committee on 5382. A letter from the Acting Director, Of- health care programs of the Department of Banking and Financial Services. fice of Sustainable Fisheries, National Oce- Veterans Affairs (Rept. 106–470). Ordered to 5371. A letter from the General Counsel, anic and Atmospheric Administration, trans- be printed. Federal Emergency Management Agency, mitting the Administration’s final rule— Mr. YOUNG of Alaska: Committee on Re- transmitting the Agency’s final rule— Fisheries of the Exclusive Economic Zone sources. H.R. 1695. A bill to provide for the Changes in Flood Elevation Determinations Off Alaska; Pollock in Statistical Area 620 of conveyance of certain Federal public lands [Docket No. FEMA–7304] received November the Gulf of Alaska [Docket No. 990304062– in the Ivanpah Valley, Nevada, to Clark 16, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 9062–01; I.D. 100899C] received November 16, County, Nevada, for the development of an the Committee on Banking and Financial 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the airport facility, and for other purposes; with Services. Committee on Resources. an amendment (Rept. 106–471). Referred to 5372. A letter from the Director, Office of 5383. A letter from the Deputy Assistant the Committee of the Whole House on the Regulatory Management and Information, Administrator, National Ocean Service, Na- State of the Union. Environmental Protection Agency, transmit- tional Oceanic and Atmospheric Administra- Mr. SENSENBRENNER: Committee on ting the Agency’s final rule—Interim Final tion, transmitting the Administration’s final Science. H.R. 2086. A bill to authorize fund- Determination that State has Corrected De- rule—Coastal Services Center Broad Area ing for networking and information tech- ficiencies State of Arizona; Maricopa County Announcement [Docket No. 991014275–9275–01 nology research and development for fiscal [AZ 086–0018c; FRL–6468–8] received Novem- I.D. 102799B] (RIN: 0648–ZA73) received No- years 2000 through 2004, and for other pur- ber 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); vember 16, 1999, pursuant to 5 U.S.C. poses; with an amendment (Rept. 106–472 Pt. to the Committee on Commerce. 801(a)(1)(A); to the Committee on Resources. 1). Ordered to be printed.

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Mr. GOSS: Committee on Rules. House Mr. SERRANO, and Ms. MCCARTHY of MCDERMOTT, Mr. MCGOVERN, Mr. Resolution 381. Resolution providing for con- Missouri): MEEHAN, Mr. GEORGE MILLER of Cali- sideration of the joint resolution (H.J. Res. H.R. 3379. A bill to establish the National fornia, Mr. MOAKLEY, Mr. NADLER, 80) making further continuing appropria- Recording Registry in the Library of Con- Mr. NEAL of Massachusetts, Mr. tions for the fiscal year 2000, and for other gress to maintain and preserve recordings PALLONE, Mr. OLVER, Mr. ROMERO- purposes (Rept. 106–473. Referred to the that are culturally, historically, or aestheti- BARCELO´ , Mr. SANDERS, Ms. House Calendar. cally significant, and for other purposes; to SCHAKOWSKY, Ms. SLAUGHTER, Mr. the Committee on House Administration, f STARK, Mr. TIERNEY, Mr. UDALL of and in addition to the Committee on the Ju- Colorado, Mr. UDALL of New Mexico, PUBLIC BILLS AND RESOLUTIONS diciary, for a period to be subsequently de- Mr. UNDERWOOD, Mr. VENTO, Mr. termined by the Speaker, in each case for WAXMAN, Mr. WEINER, Mr. WEYGAND, Under clause 2 of rule XII, public consideration of such provisions as fall with- Mr. WEXLER, Ms. WOOLSEY, and Mr. bills and resolutions were introduced in the jurisdiction of the committee con- WU): and severally referred, as follows: cerned. H.R. 3387. A bill to repeal the fiscal year By Mr. LEACH: By Mr. CHAMBLISS (for himself and 2000 prohibition on the use of Department of H.R. 3373. A bill to require the Secretary of Mr. MCCOLLUM): Defense funds to pay environmental fines H.R. 3380. A bill to amend title 18, United the Treasury to mint coins in conjunction and penalties imposed against the Depart- States Code, to establish Federal jurisdic- with the minting of coins by the Republic of ment; to the Committee on Armed Services. tion over offenses committed outside the Iceland in commemoration of the millen- By Mr. DOOLITTLE (for himself and United States by persons employed by or ac- nium of the discovery of the New World by Mr. GIBBONS): companying the Armed Forces, or by mem- Lief Ericson; to the Committee on Banking H.R. 3388. A bill to promote environmental bers of the Armed Forces who are released or and Financial Services. restoration around the Lake Tahoe basin; to separated from active duty prior to being H.R. 3374. A bill to strengthen the special the Committee on Resources, and in addition identified and prosecuted for the commission examination authority of the Federal De- to the Committees on Agriculture, and of such offenses, and for other purposes; to posit Insurance Corporation in order to pro- Transportation and Infrastructure, for a pe- the Committee on the Judiciary, and in addi- tect the Bank Insurance Fund and the Sav- riod to be subsequently determined by the tion to the Committee on Armed Services, ings Association Insurance Fund, and for Speaker, in each case for consideration of for a period to be subsequently determined other purposes; to the Committee on Bank- such provisions as fall within the jurisdic- by the Speaker, in each case for consider- ing and Financial Services. tion of the committee concerned. ation of such provisions as fall within the ju- By Mr. GILMAN (for himself, Mr. STU- By Mr. ENGLISH (for himself, Mr. risdiction of the committee concerned. PAK, and Mr. RAMSTAD): FATTAH, Mrs. JOHNSON of Con- By Mr. MANZULLO (for himself, Mr. H.R. 3375. A bill to facilitate the exchange necticut, Mr. OWENS, Mr. SMITH of MENENDEZ, Mr. GILMAN, and Mr. by law enforcement agenices of DNA identi- Texas, Mr. FORBES, Ms. DELAURO, GEJDENSON): fication information relating to violent of- and Mrs. CHRISTENSEN): H.R. 3381. A bill to reauthorize the Over- fenders, and for other purposes; to the Com- H.R. 3389. A bill to amend the Internal Rev- seas Private Investment Corporation and the mittee on the Judiciary, and in addition to enue Code of 1986 to exclude from the gross Trade and Development Agency, and for the Committee on Armed Services, for a pe- income of an employee certain housing in- other purposes; to the Committee on Inter- riod to be subsequently determined by the centives provided by such employee’s em- national Relations. Speaker, in each case for consideration of ployer to purchase and reside in housing lo- By Mr. MCCOLLUM (for himself, Mr. such provisions as fall within the jurisdic- cated in qualified urban areas; to the Com- DELAY, and Mr. DIAZ-BALART): mittee on Ways and Means. tion of the committee concerned. H.R. 3382. A bill to modify the enforcement By Mr. GOSS (for himself and Mr. TAU- By Mr. BILBRAY: of certain anti-terrorism judgments, and for ZIN): H.R. 3376. A bill to prohibit the use of Fed- other purposes; to the Committee on the Ju- H.R. 3390. A bill to conserve Atlantic high- eral funds for the purchase of buses other diciary. ly migratory species of fish, and for other than low-polluting buses; to the Committee By Mr. BARTON of Texas: on Transportation and Infrastructure. H.R. 3383. A bill to amend the Atomic En- purposes; to the Committee on Resources. By Mr. KUCINICH (for himself, Mr. ergy Act of 1954 to remove separate treat- By Mr. HINCHEY: METCALF, Mr. BONIOR, Mr. BURTON of ment or exemption for nuclear safety viola- H.R. 3391. A bill to provide for public li- Indiana, Mr. DEFAZIO, Mr. SANDERS, tions by nonprofit institutions; to the Com- brary construction and technology enhance- Mr. SMITH of New Jersey, Mr. DOYLE, mittee on Commerce. ment; to the Committee on Education and Mr. LIPINSKI, Mr. BROWN of Ohio, Mr. H.R. 3384. A bill to strengthen provisions in the Workforce. HINCHEY, Ms. SCHAKOWSKY, Ms. NOR- the Energy Policy Act of 1992 with respect to By Mr. HUNTER: TON, Mr. STARK, Ms. WOOLSEY, Mrs. potential Climate Change; to the Committee H.R. 3392. A bill to provide tax incentives MINK of Hawaii, Mr. MARTINEZ, Mr. on Commerce. for the construction of seagoing cruise ships MCDERMOTT, Ms. LEE, and Ms. WA- H.R. 3385. A bill to strengthen provisions in in United States shipyards, and to facilitate TERS): the Federal Nonnuclear Energy Research and the development of a United States-flag, H.R. 3377. A bill to amend the Federal Development Act of 1974 with respect to po- United States-built cruise industry, and for Food, Drug, and Cosmetic Act, the Federal tential Climate Change; to the Committee other purposes; to the Committee on Ways Meat Inspection Act, and the Poultry Prod- on Science. and Means, and in addition to the Commit- ucts Inspection Act to require that food that By Mrs. CAPPS: tees on Armed Services, and Transportation contains a genetically engineered material, H.R. 3386. A bill to amend the Elementary and Infrastructure, for a period to be subse- or that is produced with a genetically engi- and Secondary Education Act of 1965 to es- quently determined by the Speaker, in each neered material, be labeled accordingly; to tablish a program to identify and mentor case for consideration of such provisions as the Committee on Agriculture, and in addi- college eligible high school students and fall within the jurisdiction of the committee tion to the Committee on Commerce, for a their parents or legal guardians, and for concerned. period to be subsequently determined by the other purposes; to the Committee on Edu- By Mr. LEVIN (for himself, Mr. HOUGH- Speaker, in each case for consideration of cation and the Workforce. TON, and Mrs. THURMAN): such provisions as fall within the jurisdic- By Mr. DELAHUNT (for himself, Mr. H.R. 3393. A bill to amend the Trade Act of tion of the committee concerned. ABERCROMBIE, Mr. ALLEN, Ms. BALD- 1974 to provide for identification of, and ac- By Mr. BILBRAY (for himself and Mr. WIN, Mr. BARRETT of Wisconsin, Mr. tions relating to, foreign countries that FILNER): BECERRA, Ms. BERKLEY, Mr. BERMAN, maintain sanitary or phytosanitary meas- H.R. 3378. A bill to authorize certain ac- Mr. BLUMENAUER, Mr. BOEHLERT, Mr. ures that deny fair and equitable market ac- tions to address the comprehensive treat- BONIOR, Mr. BROWN of Ohio, Mr. cess to United States food, beverage, or ment of sewage emanating from the Tijuana CAPUANO, Mr. CONYERS, Mr. CROWLEY, other plant or animal products, to amend the River in order to substantially reduce river Mr. DEFAZIO, Ms. DEGETTE, Ms. Trade Act of 1974 and the Sherman Act to ad- and ocean pollution in the San Diego border DELAURO, Mr. DINGELL, Mr. FARR of dress foreign private and joint public-private region; to the Committee on Transportation California, Mr. FORBES, Mr. FORD, market access barriers that harm United and Infrastructure, and in addition to the Mr. FRANK of Massachusetts, Mr. States trade, and to amend the Trade Act of Committee on International Relations, for a GILCHREST, Mr. GUTIERREZ, Mr. HIN- 1974 to address the failure of foreign govern- period to be subsequently determined by the CHEY, Mr. HOLT, Ms. HOOLEY of Or- ments to cooperate in the provision of infor- Speaker, in each case for consideration of egon, Mrs. JOHNSON of Connecticut, mation relating to certain investigations; to such provisions as fall within the jurisdic- Ms. KAPTUR, Mr. KENNEDY of Rhode the Committee on Ways and Means, and in tion of the committee concerned. Island, Mr. KUCINICH, Mr. LEWIS of addition to the Committee on the Judiciary, By Mr. HOYER (for himself, Mr. NEY, Georgia, Mrs. LOWEY, Mr. LUTHER, for a period to be subsequently determined Mr. DAVIS of Florida, Mr. CLEMENT, Mr. MALONEY of Connecticut, Mr. by the Speaker, in each case for consider- Mr. GORDON, Mr. WAMP, Mr. TANNER, MARKEY, Mrs. MCCARTHY of New ation of such provisions as fall within the ju- Mr. FORD, Mr. JENKINS, Mr. DUNCAN, York, Ms. MCCARTHY of Missouri, Mr. risdiction of the committee concerned.

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By Mr. MCCRERY: By Mr. RANGEL: year 2000, and for other purposes; to the H.R. 3394. A bill to amend the Internal Rev- H.R. 3403. A bill to amend the Internal Rev- Committee on Appropriations. enue Code of 1986 to provide individuals with enue Code of 1986 with respect to the treat- By Mr. PAUL: an election to reduce the basis of depreciable ment of cooperative housing corporations; to H.J. Res. 81. A joint resolution proposing real property in lieu of gain recognition on the Committee on Ways and Means. an amendment to the Constitution of the such property; to the Committee on Ways By Mr. REYNOLDS: United States relative to abolishing personal and Means. H.R. 3404. A bill to amend the Act estab- income, estate, and gift taxes and prohib- By Mr. MCHUGH: lishing the Women’s Rights National Histor- iting the United States Government from en- H.R. 3395. A bill to establish certain proce- ical Park in the State of New York to permit gaging in business in competition with its dures regarding the appointment and tenure the Secretary of the Interior to acquire title citizens; to the Committee on the Judiciary. of persons to the International St. Lawrence in fee simple to the Hunt House located in By Mr. DAVIS of Virginia: River Board of Control established by the Waterloo, New York; to the Committee on H. Con. Res. 229. Concurrent resolution ex- International Joint Commission under the Resources. pressing the sense of Congress regarding the Boundary Waters Treaty of 1909; to the Com- By Mr. ROTHMAN (for himself, Ms. United States Congressional Philharmonic mittee on Transportation and Infrastruc- ROS-LEHTINEN, Mr. CROWLEY, and Mr. Society and its mission of promoting musi- ture. GEJDENSON): cal excellence throughout the educational By Mr. MCKEON (for himself and Ms. H.R. 3405. A bill to promote full equality at system and encouraging people of all ages to SANCHEZ): the United Nations for Israel; to the Com- commit to the love and expression of musi- H.R. 3396. A bill to require the Secretary of mittee on International Relations. cal performance; to the Committee on Edu- Defense to submit to Congress a report on By Mr. SAWYER: cation and the Workforce. production alternatives for the Joint Strike H.R. 3406. A bill to require the President to By Mr. GEJDENSON: Fighter program; to the Committee on report annually to the Congress on the ef- H. Con. Res. 230. Concurrent resolution ex- Armed Services. fects of the imposition of unilateral eco- pressing the strong opposition of Congress to By Mr. GEORGE MILLER of California nomic sanctions by the United States; to the the continued egregious violations of human (for himself, Mr. YOUNG of Alaska, Committee on International Relations, and rights and the lack of progress toward the Mr. BONIOR, Mr. WAXMAN, Mr. KIL- in addition to the Committees on Ways and establishment of democracy and the rule of DEE, Mr. KENNEDY of Rhode Island, Means, and Banking and Financial Services, law in Belarus and calling on President Alex- Mr. ABERCROMBIE, Mr. HAYWORTH, for a period to be subsequently determined ander Lukashenka to engage in negotiations Mr. INSLEE, Mr. FALEOMAVAEGA, Mr. by the Speaker, in each case for consider- with the representatives of the opposition GALLEGLY, Mr. SMITH of Washington, ation of such provisions as fall within the ju- and to restore the constitutional rights of Mrs. NAPOLITANO, Mr. KIND, Mrs. risdiction of the committee concerned. the Belarusian people; to the Committee on CHRISTENSEN, Mr. BLUMENAUER, Ms. By Mr. SAXTON: International Relations. KILPATRICK, Ms. LEE, Ms. BALDWIN, H.R. 3407. A bill to assist in the conserva- By Mr. PAUL: Ms. PELOSI, Mr. HINCHEY, Mr. JEF- tion of keystone species throughout the H. Con. Res. 231. Concurrent resolution ex- FERSON, Mr. FILNER, Mr. OBERSTAR, world; to the Committee on Resources. pressing the sense of the Congress that the Mr. DIAZ-BALART, Ms. STABENOW, Mr. By Mr. SESSIONS: Panama Canal and the Panama Canal Zone NETHERCUTT, and Mr. MARTINEZ) (all H.R. 3408. A bill to amend the Fair Credit should be considered to be the sovereign ter- by request): Reporting Act to exempt certain investiga- ritory of the United States; to the Com- H.R. 3397. A bill to improve the implemen- tive reports from the definition of consumer mittee on Armed Services. tation of the Federal responsibility for the report, and for other purposes; to the Com- By Mr. CONDIT (for himself and Mr. care and education of Indian people by im- mittee on Banking and Financial Services. PORTMAN): proving the services and facilities of Federal H.R. 3409. A bill to provide that employees H. Res. 377. A resolution amending the Indian health programs and encouraging of employers who provide certain increases Rules of the House of Representatives to im- maximum participation of Indians in such in health insurance coverage will not be cov- prove deliberation on proposed Federal pri- programs, and for other purposes; to the ered by an increase in the Federal minimum vate sector mandates; to the Committee on Committee on Resources, and in addition to wage; to the Committee on Education and Rules. the Committees on Commerce, Ways and the Workforce. By Mr. GREEN of Wisconsin: Means, and Government Reform, for a period H.R. 3410. A bill to eliminate the require- H. Res. 378. A resolution recognizing the to be subsequently determined by the Speak- ment that fingerprints be supplied for back- vital importance of hunting as a legitimate er, in each case for consideration of such pro- ground checks on volunteers; to the Com- tool of wildlife resource management; to the visions as fall within the jurisdiction of the mittee on the Judiciary. Committee on Resources. committee concerned. By Mr. SOUDER (for himself, Mr. By Mr. SCARBOROUGH: By Mr. NADLER: HASTERT, Ms. KAPTUR, Mr. GILLMOR, H. Res. 379. A resolution recognizing and H.R. 3398. A bill to ensure that a national Mr. LAHOOD, Mr. LATOURETTE, Mr. commending the personnel of Eglin Air railroad system is maintained or created BOEHNER, Mr. PORTMAN, Mr. STUPAK, Force Base, Florida, for their participation which is adequate to provide the transpor- Mr. ENGLISH, Mr. BARCIA, Mr. EWING, and efforts in support of the North Atlantic tation services needed for the United States Mr. ROEMER, Mrs. JONES of Ohio, Mr. Treaty Organization’s (NATO) Operation Al- economy, and for other purposes; to the HOEKSTRA, Mr. MCINTOSH, Mr. SAW- lied Force in the Balkan region; to the Com- Committee on Transportation and Infra- YER, Mr. PHELPS, Mr. GREEN of Wis- mittee on Armed Services. structure. consin, Ms. STABENOW, and Mr. By Mr. WELDON of Pennsylvania (for By Mr. PAUL: OXLEY): himself, Mr. OBERSTAR, Mr. GILMAN, H.R. 3399. A bill to prohibit the Secretary H.R. 3411. A bill to designate the Northwest Mr. SAXTON, Mr. BURTON of Indiana, of the Treasury and the Board of Governors Territory of the Great Lakes National Herit- Mr. HILL of Montana, Mr. of the Federal Reserve System from includ- age Area, and for other purposes; to the KUYKENDALL, Mr. CAMPBELL, Mr. ing any information storage capability on Committee on Resources. WALDEN of Oregon, Mr. SWEENEY, Mr. the currency of the United States or impos- By Mr. STUPAK: TRAFICANT, Mr. PITTS, Mr. LEWIS of ing any fee or penalty on any person for the H.R. 3412. A bill to provide for and approve Kentucky, Mr. BARTLETT of Mary- holding by such person of currency of the the settlement of certain land claims of the land, Mr. WICKER, Mr. LOBIONDO, Mr. United States, including Federal reserve Bay Mills Indian Community and the Sault WELDON of Florida, Mr. PACKARD, Mr. notes, for any period of time; to the Com- Ste. Marie Tribe of Chippewa Indians; to the TAYLOR of Mississippi, Mr. GOODE, mittee on Banking and Financial Services. Committee on Resources. Mr. CONDIT, Mr. CRAMER, Mr. REYES, H.R. 3400. A bill to provide that the inferior By Mr. TIERNEY (for himself and Mr. Mr. RODRIGUEZ, Mr. DICKS, Mr. AN- courts of the United States do not have ju- GEORGE MILLER of California): DREWS, Mr. BORSKI, Mr. HOLDEN, Mr. risdiction to hear abortion-related cases; to H.R. 3413. A bill to amend the Safe and KLINK, and Mr. ABERCROMBIE): the Committee on the Judiciary. Drug-Free Schools and Communities Act of H. Res. 380. A resolution expressing the By Mr. POMEROY: 1994 to provide comprehensive technical as- sense of the House of Representatives con- H.R. 3401. A bill to provide a final settle- sistance and implement prevention programs cerning the location and removal of weapons ment on certain debt owed by the city of that meet a high scientific standard of pro- caches placed in the United States by the Dickinson, North Dakota, for construction of gram effectiveness; to the Committee on Russian or Soviet Government; to the Com- the bascule gates on the Dickinson Dam; to Education and the Workforce. mittee on International Relations, and in ad- the Committee on Resources. By Mr. YOUNG of Florida: dition to the Committee on Armed Services, By Mr. RAMSTAD: H.J. Res. 79. A joint resolution making fur- for a period to be subsequently determined H.R. 3402. A bill to amend title 28, United ther continuing appropriations for the fiscal by the Speaker, in each case for consider- States Code, to authorize Federal district year 2000, and for other purposes; to the ation of such provisions as fall within the ju- courts to hear civil actions to recover dam- Committee on Appropriations. risdiction of the committee concerned. ages for deprivation of property under or re- By Mr. DREIER: By Mr. GOSS: sulting from the Nazi government of Ger- H.J. Res. 80. A joint resolution making fur- H. Res. 381. A resoluton providing for con- many; to the Committee on the Judiciary. ther continuing appropriations for the fiscal sideration of the joint resolution (H.J. Res.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\L16NO7.100 pfrm02 PsN: H16PT1 November 16, 1999 CONGRESSIONAL RECORD — HOUSE H12109

80) making further continuing appropria- H.R. 1228: Mr. HALL of Ohio and Mr. BER- H.R. 2650: Ms. LEE. tions for the fiscal year 2000, and for other MAN. H.R. 2659: Mr. NADLER, Ms. SCHAKOWSKY, purposes; H.R. 1234: Mr. COX. and Mr. RANGEL. f H.R. 1275: Mr. CROWLEY, Mr. LARSON, Mr. H.R. 2697: Ms. MCKINNEY. TOWNS, Mr. LOBIONDO, Mr. MARKEY, Mr. H.R. 2727: Mr. UPTON. PRIVATE BILLS AND WHITFIELD, Mr. WOLF, Mr. WEYGAND, Mr. H.R. 2733: Mr. WOLF, Mr. PITTS, Mr. RYUN RESOLUTIONS SAWYER, Ms. BALDWIN, Mr. PASCRELL, Mr. of Kansas, Mr. ROGAN, and Mrs. MYRICK. WELDON of Pennsylvania, Mr. TRAFICANT, Mr. H.R. 2735: Mr. FRANKS of New Jersey. Under clause 3 of rule XII, private LEVIN, Mr. BAIRD, Mr. SANDERS, Ms. MCKIN- H.R. 2738: Mr. RAHALL, Mr. BAIRD, Ms. NOR- bills and resolutions of the following NEY, Mrs. JOHNSON of Connecticut, Mr. TON, and Mr. STUPAK. titles were introduced and severally re- DIXON, Mr. KLINK, Mr. CRANE, Mrs. ROUKEMA, H.R. 2749: Ms. PRYCE of Ohio and Mrs. ferred, as follows: Ms. MILLENDER-MCDONALD, Mr. KILDEE, Mr. THURMAN. By Mr. MORAN of Kansas: GUTIERREZ, Mr. DAVIS of Virginia, Mr. H.R. 2817: Mr. KENNEDY of Rhode Island. H.R. 3414. A bill for the relief of Luis A. BECERRA, Mr. GREEN of Texas, Ms. H.R. 2827: Mr. CHAMBLISS. Leon-Molina, Ligia Padron, Juan Leon STABENOW, and Mr. TOOMEY. H.R. 2832: Mrs. CHRISTENSEN. Padron, Rendy Leon Padron, Manuel Leon H.R. 1291: Mr. MALONEY of Connecticut. H.R. 2859: Mr. GUTIERREZ. Padron, and Luis Leon Padron; to the Com- H.R. 1358: Mr. PRICE of Carolina. H.R. 2890: Mr. PASTOR and Ms. ROYBAL-AL- mittee on the Judiciary. H.R. 1456: Ms. STABENOW and Mr. SANDLIN. LARD. By Mr. QUINN: H.R. 1495: Mrs. MINK of Hawaii and Mr. LA- H.R. 2892: Mr. FRELINGHUYSEN. H.R. 3415. A bill for the relief of Natasha FALCE. H.R. 2899: Mr. KENNEDY of Rhode Island. H.R. 1505: Mr. DUNCAN and Mr. KLINK. Lobankova, Valentina Lobankova, and Boris H.R. 2900: Mr. SANDERS. H.R. 1592: Mr. RUSH. Lobankova; to the Committee on the Judici- H.R. 2902: Mr. MARKEY, Mr. ACKERMAN, Ms. H.R. 1620: Mr. HASTINGS of Washington. ary. MCKINNEY, and Mrs. JONES of Ohio. H.R. 1640: Mr. SERRANO, Mr. OWENS, Mr. By Mr. TOWNS: H.R. 2929: Mr. DEFAZIO and Mrs. MALONEY NADLER, and Mr. HINCHEY. H.R. 3416. A bill for the relief of Desmond of New York. H.R. 1697: Mr. NUSSLE. J. Burke; to the Committee on the Judici- H.R. 2971: Mr. CALVERT. H.R. 1776: Mr. JOHN, Mr. LARSON, Mr. KIND, ary. H.R. 2980: Mrs. JONES of Ohio. Mr. FORBES, Mr. COMBEST, and Mr. THOMPSON H.R. 2985: Mr. GEKAS. f of California. H.R. 2991: Mr. ORTIZ, Mr. SESSIONS, Mr. H.R. 1795: Mr. HEFLEY, Mr. HAYES, Mr. ADDITIONAL SPONSORS BRYANT, Mr. LARGENT, Mr. HUTCHINSON, Ms. LEWIS of Georgia, Mr. SPENCE, and Mr. STABENOW, Mr. WATTS of Oklahoma, and Mr. Under clause 7 of rule XII, sponsors HOSTETTLER. SMITH of Texas. H.R. 1827: Mr. TURNER and Mr. FOLEY. were added to public bills and resolu- H.R. 3086: Mr. COSTELLO. H.R. 1837: Mr. SHERMAN and Mrs. tions as follows: H.R. 3100: Mr. BILBRAY and Mr. FRANK of CHRISTENSEN. H.R. 21: Mr. MASCARA and Mr. MEEKS of Massachusetts. H.R. 1843: Mrs. CLAYTON, Mrs. MALONEY of New York. H.R. 3115: Mrs. BERKLEY, Mr. CLYBURN, New York, Mr. VITTER, and Mr. BALDACCI. H.R. 25: Mr. SMITH of New Jersey. Mrs. CUBIN, Mr. HILL of Montana, Mr. LEWIS H.R. 1857: Mr. MORAN of Virginia. H.R. 72: Mr. STEARNS. of Kentucky, and Mr. PICKERING. H.R. 1871: Mr. COYNE and Mr. OWENS. H.R. 82: Mr. WU and Mr. ROTHMAN. H.R. 3142: Mr. LATOURETTE. H.R. 1876: Mr. GONZALEZ. H.R. 113: Mr. KINGSTON. H.R. 3144: Ms. RIVERS, Ms. MCKINNEY, Mr. H.R. 1885: Mr. JACKSON of Illinois, Mr. H.R. 229: Mr. CUMMINGS. FALEOMAVAEGA, and Mrs. THURMAN. GEORGE MILLER of California, Mr. TIERNEY, H.R. 239: Mr. SISISKY, Mr. NADLER, Mr. H.R. 3150: Mr. DIXON. and Mr. BONIOR. LANTOS, Mr. HALL of Texas, Mr. SHAYS, and H.R. 3159: Mr. BOSWELL. H.R. 1886: Mr. FLETCHER. Mr. ANDREWS. H.R. 3169: Ms. CARSON. H.R. 1893: Ms. LOFGREN. H.R. 271: Mr. UDALL of Colorado. H.R. 3174: Mr. HUTCHINSON. H.R. 1899: Mr. EDWARDS. H.R. 303: Mr. QUINN, Mr. CANNON, and Mr. H.R. 3180: Ms. CARSON and Mr. KUCINICH. H.R. 1941: Mr. STRICKLAND and Ms. BERK- RUSH. H.R. 3185: Mr. HOYER. LEY. LAUGHTER APPS XLEY H.R. 382: Ms. S and Mrs. C . H.R. 1975: Mr. FRANKS of New Jersey. H.R. 3186: Mr. O . H.R. 443: Mr. WOLF, Ms. SLAUGHTER, Mr. H.R. 2000: Mr. MCINTYRE and Mr. MICA. H.R. 3246: Mr. KINGSTON. SANDERS, and Mr. GOSS. H.R. 2053: Mr. HINCHEY. H.R. 3248: Mr. PITTS and Mr. STEARNS. H.R. 491: Mrs. CAPPS. H.R. 2059: Mr. BAIRD and Mr. SMITH of H.R. 3251: Ms. DANNER. H.R. 531: Mr. ROGAN. Texas. H.R. 3257: Mr. HASTINGS of Washington. H.R. 568: Mrs. JONES of Ohio. H.R. 2066: Mr. SCHAFFER and Mr. BARTON of H.R. 3293: Mr. KLINK. H.R. 665: Mr. LAFALCE. Texas. H.R. 3294: Mr. COMBEST and Mr. RODRIGUEZ. H.R. 710: Mr. HILLIARD. H.R. 2106: Mr. WAMP. H.R. 3299: Mr. HAYES. H.R. 721: Ms. SLAUGHTER. H.R. 2121: Mr. PETRI and Ms. BALDWIN. H.R. 3301: Mr. DELAHUNT. H.R. 745: Mr. ANDREWS. H.R. 2129: Mr. HUNTER, Mr. HERGER, Mr. H.R. 3313: Mr. HOUGHTON, Mr. QUINN, and H.R. 750: Mr. OWENS. CRAMER, Mr. NUSSLE, Mr. MCHUGH, Mr. Mr. LAFALCE. H.R. 765: Mr. BACHUS and Mr. CUNNINGHAM. FRANKS of New Jersey, Mr. ANDREWS, Mr. H.R. 3320: Ms. DELAURO, Mr. STARK, Mr. H.R. 835: Mr. LANTOS. WATTS of Oklahoma, Mr. NORWOOD, and Mr. GEORGE MILLER of California, Mr. INSLEE, H.R. 844: Mr. GOODLING, Mr. UDALL of New SWEENEY. Mr. COSTELLO, Mr. EDWARDS, Mr. NADLER, Mexico, Mr. CUNNINGHAM, Mr. DOOLITTLE, H.R. 2162: Mr. SESSIONS and Mr. BASS. Mr. MCDERMOTT, Mr. DELAHUNT, Mr. GREEN Ms. PELOSI, Ms. CARSON, Mr. BAIRD, Mr. H.R. 2166: Mrs. MALONEY of New York. of Texas, Mr. OLVER, Mr. NEAL of Massachu- TURNER, Mr. BURTON of Indiana, and Mr. H.R. 2247: Mr. STEARNS. setts, Mr. CAPUANO, Ms. BROWN of Florida, CLEMENT. H.R. 2258: Ms. PELOSI. Mr. FILNER, Mrs. MINK of Hawaii, Ms. WA- H.R. 860: Ms. ROYBAL-ALLARD. H.R. 2267: Mr. REGULA. TERS, Mr. DEFAZIO, Ms. SLAUGHTER, and Mr. H.R. 878: Mr. CHABOT. H.R. 2282: Mr. RYUN of Kansas, Mr. ROGAN, MCGOVERN. H.R. 952: Mr. FARR of California. and Mrs. MYRICK. H.R. 3324: Mr. BOSWELL and Mr. ROEMER. H.R. 960: Mr. KENNEDY of Rhode Island. H.R. 2298: Mr. JACKSON of Illinois. H.R. 3329: Mr. MENENDEZ. H.R. 1003: Mr. SESSIONS. H.R. 2341: Mr. MARKEY and Mr. MCGOVERN. H.R. 3330: Mr. ROHRABACHER, Mr. HOLT, Mr. H.R. 1020: Mr. SPRATT. H.R. 2359: Mr. CAMP. GUTIERREZ, and Mr. MARKEY. H.R. 1029: Mr. BONIOR, Mr. SNYDER, Ms. H.R. 2362: Mr. PETRI and Mr. MCINTOSH. H.J. Res. 53: Mr. DUNCAN and Mr. GOOD- SCHAKOWSKY, Mr. COOK, and Mr. LARSON. H.R. 2372: Ms. DUNN, Mr. GOODLATTE, Mr. LING. H.R. 1041: Mr. CHABOT, and Mr. STEARNS. COLLINS, Mr. RYAN of Wisconsin, Mr. H.J. Res. 77: Mr. STEARNS, Mr. SWEENEY, H.R. 1167: Mr. BLUMENAUER. CRAMER, and Mr. JOHN. and Mr. TANCREDO. H.R. 1172: Mrs. MALONEY of New York, Mr. H.R. 2386: Ms. SLAUGHTER. H. Con. Res. 115: Mr. CUMMINGS. BROWN of Ohio, Mr. DIAZ-BALART, Mr. GOR- H.R. 2450: Mr. FILNER. H. Con. Res. 165: Mr. ROMERO-BARCELO´ . DON, Mr. BAKER, Mr. BALDACCI, Mr. BILBRAY, H.R. 2486: Mr. OWENS. H. Con. Res. 182: Ms. GRANGER. Mrs. JONES of Ohio, Mr. SAWYER, Mr. H.R. 2493: Mr. GARY MILLER of California. H. Con. Res. 186: Mr. HASTINGS of Wash- LAHOOD, Mr. BARTLETT of Maryland, Mr. H.R. 2495: Mr. ANDREWS. ington, Mr. TAYLOR of North Carolina, Mr. SANDERS, Mr. CALLAHAN, Mrs. ROUKEMA, Ms. H.R. 2511: Mr. BACHUS and Mr. ROGAN. THUNE, Mr. HILL of Montana, Mr. HANSEN, DUNN, Mr. RODRIGUEZ, Mr. MCINTRYE, and H.R. 2567: Mr. RANGEL and Ms. NORTON. and Mr. LUCAS of Oklahoma. Mrs. NAPOLITANO. H.R. 2573: Mr. COYNE. H. Con. Res. 206: Mr. GILMAN. H.R. 1176: Mrs. LOWEY. H.R. 2620: Mr. BENTSEN. H. Con. Res. 209: Ms. WATERS, Mrs. H.R. 1187: Mr. BALLENGER. H.R. 2631: Ms. WOOLSEY, Mr. BLUMENAUER, CHRISTENSEN, and Mr. RUSH. H.R. 1193: Mr. BLUMENAUER. and Mr. BERMAN. H. Con. Res. 211: Mr. BROWN of Ohio and H.R. 1195: Mr. PAYNE. H.R. 2640: Mr. REGULA. Mr. HASTINGS of Florida.

VerDate 29-OCT-99 06:35 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\L16NO7.100 pfrm02 PsN: H16PT1 H12110 CONGRESSIONAL RECORD — HOUSE November 16, 1999 H. Con. Res. 212: Mr. GOODLING. HUNTER, Mr. LANTOS, and Mrs. JONES of DELETIONS OF SPONSORS FROM H. Con. Res. 217: Mr. YOUNG of Florida, Mr. Ohio. PUBLIC BILLS AND RESOLUTIONS BOYD, and Mr. SCARBOROUGH. H. Res. 201: Mrs. ROUKEMA. H. Con. Res. 218: Mr. FRANK of Massachu- H. Res. 238 Mr. PITTS, Mr. RYUN of Kansas, Under clause 7 of rule XII, sponsors setts, Mr. BLAGOJEVICH, Mr. MATSUI, Mr. and Mrs. MYRICK. GUTIERREZ, Mr. NEAL of Massachusetts, Mr. H. Res. 298: Mr. GILLMOR and Mr. COBLE. were deleted from public bills and reso- KLINK, Mr. FRANKS of New Jersey, Mr. COX, H. Res. 304: Mr. ROTHMAN. lutions as follows: Mr. MOAKLEY, and Mr. DUNCAN. H. Res. 315: Mr. THOMPSON of California. H. Con. Res. 220: Mr. NEY. H. Res. 363: Mr. OSE. H.R. 2420: Mr. OWENS. H. Con. Res. 228: Mr. EVANS, Mrs. BONO, Mr. H. Res. 370: Mr. HILLIARD, Mr. SERRANO, BRADY of Pennsylvania, Mr. TURNER, Mr. Mr. COSTELLO, Mr. EVANS, Mr. SHIMKUS, Mr. MARTINEZ, Mr. LARSON, Mr. BERMAN, Mr. LUCAS of Kentucky, and Mr. PORTER.

VerDate 29-OCT-99 05:29 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\A16NO7.175 pfrm02 PsN: H16PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, NOVEMBER 16, 1999 No. 162 Senate

The Senate met at 10 a.m. and was called to order by the President pro tempore [Mr. THURMOND].

R E V I S E D N O T I C E If the 106th Congress, 1st Session, adjourns sine die on or before November 17, 1999, a final issue of the Congressional Record for the 106th Congress, 1st Session, will be published on December 2, 1999, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through December 1. The final issue will be dated December 2, 1999, and will be delivered on Friday, December 3, 1999. If the 106th Congress does not adjourn until a later date in 1999, the final issue will be printed at a date to be an- nounced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘Records@Reporters’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail or disk, to accom- pany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, signed manuscript. Deliver statements (and template formatted disks, in lieu of e-mail) to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

N O T I C E Effective January 1, 2000, the subscription price of the Congressional Record will be $357 per year, or $179 for 6 months. Individual issues may be purchased for $3.00 per copy. The cost for the microfiche edition will remain $141 per year; single copies will remain $1.50 per issue. This price increase is necessary based upon the cost of printing and distribu- tion. MICHAEL F. DiMARIO, Public Printer.

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

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VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14596 CONGRESSIONAL RECORD — SENATE November 16, 1999 The PRESIDENT pro tempore. To- For the information of all Senators, watches and asks, How can the Ameri- day’s prayer will be offered by our progress has been made on the appro- cans, the champions of human rights, guest Chaplain, Dr. Richard Foth, Falls priations process, and it is hoped that compromise their own professed beliefs Church, VA. the Senate will receive the remaining in this way? A majority of nations We are pleased to have you with us. bills from the House today or early in have abolished the death penalty in The guest Chaplain, Dr. Richard the day on Wednesday. Rollcall votes law or in practice. Even Russia and Foth, offered the following prayer: are not anticipated today. However, South Africa—nations that for years We come today, heavenly Father, they may occur, if necessary, to pro- were symbols of egregious violations of with thanksgiving for Your many gifts ceed to legislative or executive mat- basic human rights and liberties—have to us. We are unworthy of the blessings ters. Senators can expect votes to seen the error of the use of the death that this Nation enjoys, but we are occur throughout tomorrow’s session, penalty. Next month, Italy and other grateful for the privilege of living in a possibly as early as 10 a.m., in an effort European nations—nations with which free land. to complete the appropriations process. the United States enjoys its closest re- As the Senate comes to the close of I thank my colleagues for their at- lationships—are expected to introduce its deliberations for this year, may wis- tention. a resolution in the U.N. General As- dom and foresight prevail. Between the I note the absence of a quorum. sembly calling for a worldwide morato- pressure to wrap up business and the The PRESIDENT pro tempore. The rium on the death penalty. So why does the United States re- compromises necessary to make that clerk will call the roll. main one of the nations in the distinct happen, help the men and women of The legislative clerk proceeded to minority to use the death penalty? this body determine to take the long call the roll. Some argue that the death penalty is a view. (Mr. CRAPO assumed the chair.) proper punishment because it is a de- In a place where pressing for votes Mr. FEINGOLD. Mr. President, I ask terrent. But they are sadly, sadly mis- and pleading for causes each day is the unanimous consent that the order for taken. The Federal Government and stock-in-trade, let there be a baptism the quorum call be rescinded. most States in the United States have of clear seeing this week. Where great The PRESIDING OFFICER. Without a death penalty, while our European clouds of dust have been raised over objection, it is so ordered. Mr. FEINGOLD. Mr. President, I ask counterparts do not. Following the critical issues, may the wind of Your logic of death penalty supporters who Spirit bring new insights. Where sig- unanimous consent to speak for 15 min- utes. believe it is a deterrent, you would nificant needs may have been lost in think that our European allies, who the legitimate but lengthy parliamen- The PRESIDING OFFICER. Without objection, it is so ordered. don’t use the death penalty, would tary debate, help common ground to be have a much higher murder rate than found. f we do in the United States. Yet, they Thank You, Lord, for these gifted THE FEDERAL DEATH PENALTY don’t; and it is not even close. In fact, public servants, and thank You in ad- ABOLITION ACT OF 1999 the murder rate in the United States is vance for the fresh oil of Your grace six times higher than the murder rate which they need in these closing hours Mr. FEINGOLD. Mr. President, I rise today to speak on the Federal Death in Britain, seven times higher than in of their work. May our Nation, our peo- France, five times higher than in Aus- ple, and the world be better for it. Penalty Abolition Act of 1999, a bill I introduced last Wednesday. This bill tralia, and five times higher than in In that Name above every name we Sweden. pray. Amen. will put an immediate halt to execu- tions and forbid the imposition of the But we don’t even need to look across f death penalty as a sentence for viola- the Atlantic to see that capital punish- PLEDGE OF ALLEGIANCE tions of Federal law. ment has no deterrent effect on crime. Let’s compare Wisconsin and Texas. I The Honorable MIKE CRAPO, a Sen- Since the beginning of this year, this Chamber has echoed with debate on vi- am proud of the fact that my great ator from the State of Idaho, led the State, Wisconsin, was the first State in olence in America. We have heard Pledge of Allegiance as follows: this Nation to abolish the death pen- about violence in our schools and I pledge allegiance to the Flag of the alty completely, when it did so in 1853. neighborhoods. But I am not so sure United States of America, and to the Repub- So Wisconsin has been death penalty- that we in Government don’t con- lic for which it stands, one nation under God, free for nearly 150 years. In contrast, tribute to this casual attitude we indivisible, with liberty and justice for all. Texas is the most prodigious user of sometimes see toward killing and f the death penalty, having executed 192 death. With each new death penalty people since 1976. So let’s look at the RECOGNITION OF THE ACTING statute enacted and each execution murder rate in Wisconsin and in Texas. MAJORITY LEADER carried out, our executive, judicial and During the period from 1995 to 1998, The PRESIDENT pro tempore. Sen- legislative branches, at both the State Texas has had a murder rate that is ator CRAPO is recognized. and Federal level, add to a culture of nearly double the murder rate in Wis- f violence and killing. With each person consin. This data alone calls into ques- executed, we are teaching our children ORDER FOR MORNING BUSINESS tion the argument that the death pen- that the way to settle scores is through alty is a deterrent to murder. Mr. CRAPO. Mr. President, I ask violence, even to the point of taking a I want to be clear. I believe mur- unanimous consent that the Senate be human life. derers and other violent offenders in a period of morning business until 12 Those who favor the death penalty should be severely punished. I am not noon today with the time equally di- should be pressed to explain why fal- seeking to open the prison doors and vided between the majority and minor- lible human beings should presume to let murderers come rushing out into ity leaders or their designees. use the power of the state to extin- our communities. I don’t want to free The PRESIDENT pro tempore. With- guish the life of a fellow human being them. But the question is, Should the out objection, it is so ordered. on our collective behalf. Those who op- death penalty be a means of punish- f pose the death penalty should demand ment in our society? that explanation adamantly, and at The fact that our society relies on SCHEDULE every turn. But only a zealous few try. killing as punishment is disturbing Mr. CRAPO. The Senate will be in a We should do better. And we should use enough. Even more disturbing, how- period of morning business until 12 this moment to do better as we step ever, is the fact that the States’ and noon to accommodate a number of Sen- not only into a new century but also a the Federal Government’s use of the ators who desire to introduce bills and new millennium, the first such land- death penalty is often not consistent make statements. Following morning mark since the depths of the Middle with the principles of due process, fair- business, the Senate may resume con- Ages. ness and justice. sideration of the bankruptcy reform Across the globe, with every Amer- It just cannot be disputed that we are legislation. ican who is executed, the entire world sending innocent people to death. Since

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14597 the modern death penalty was rein- Blackmun penned the following elo- FEDERAL LANDS stated in the 1970s, we have released 82 quent dissent: Mr. THOMAS. Mr. President, I want- men and women from death row. Why? From this day forward, I no longer shall ed to take some time, since we have a Because they were innocent. That’s one tinker with the machinery of death. For little on our hands this morning, to death row inmate found innocent for more than 20 years I have endeavored—in- talk about an issue that continues to every seven executed. One in seven! deed, I have struggled—along with a major- be very important for our part of the That’s a pretty poor performance for ity of this Court, to develop procedural and country, the West. The Presiding Offi- American justice. substantive rules that would lend more than the mere appearance of fairness to the death cer comes from a State that is similar Another reason we need to abolish to Wyoming. The ownership of land by the death penalty is the specter of rac- penalty endeavor. Rather than continue to coddle the Court’s delusion that the desired the Federal Government continues to ism in our criminal justice system. level of fairness has been achieved and the be an issue, and I think it is more of an Even though our nation has abandoned need for regulation eviscerated, I feel mor- issue now than it has been in the past, slavery and segregation, we unfortu- ally and intellectually obligated simply to largely because of some of the actions nately are still living with vestiges of concede that the death penalty experiment in recent times by the administration institutional racism. In some cases, has failed. It is virtually self-evident to me of not only obtaining more land for the racism can be found at every stage of a now that no combination of procedural rules Federal Government but also changing or substantive regulations ever can save the capital trial—in the selection of jurors, some of the management techniques. during the presentation of evidence, death penalty from its inherent constitu- tional deficiencies. This issue, of course, has been one of and sometimes during jury delibera- controversy for a long time within the tions. Similarly, after supporting Supreme West. The West has large amounts of After the 1976 Supreme Court Gregg Court decisions upholding the death land that belongs to the Federal Gov- decision upholding the use of the death penalty, Justice Lewis Powell in 1991 ernment. So when you develop the penalty, the death penalty was first en- told his biographer that he now economy of your State, management of acted as a sentence at the federal level thought capital punishment should be the lands has a great deal to do with it. with passage of the Drug Kingpin Stat- abolished. After sitting on our nation’s In Wyoming, for example, the three ute in 1988. Since that time, numerous highest court for over 20 years, Jus- leading economic activities are agri- additional federal crimes have become tices Blackmun and Powell came to un- culture, minerals, and tourism, all of death penalty-eligible, bringing the derstand the randomness and unfair- which have a great deal to do with pub- total to about 60 statutes today. At the ness of the death penalty. It is time for lic resources, with lands. So it is one of federal level, 21 people have been sen- our nation to follow the lead of these the most important issues with which tenced to death. Of those 21 on the fed- distinguished jurists. we deal. eral government’s death row, 14 are The death penalty is at odds with our It is interesting to see the percent- black and only 5 are white. One defend- best traditions. It is wrong and it is ages of Federal land holdings by State. ant is Hispanic and another Asian. immoral. The adage ‘‘two wrongs do As shown on this chart, you can see That means 16 of the 21 people on fed- not make a right,’’ could not be more that here in the East generally 1 to 5 eral death row are minorities. That’s appropriate here. Our nation has long percent of the lands are federally just over 75%. And the numbers are ago done away with other barbaric owned. When you get to the West, it worse on the military’s death row. punishments like whipping and cutting becomes 35 to 65 percent and as high as Seven of the eight men, or 87.5%, on off the ears of suspected criminals. 87 percent in some States. So when you military death row are minorities. Just as our nation did away with these talk about how you operate an econ- One thing is clear: no matter how punishments as contrary to our hu- omy in New Jersey or in North Caro- hard we try, we cannot overcome the manity and ideals, it is time to abolish lina, it is quite different. When you inevitable fallibility of being human. the death penalty as we enter the next talk about public lands, it is seen quite That fallibility means that we will not century. The continued viability of our differently. The impact in States such be able to apply the death penalty in a justice system as a truly just system as that is relatively minor, where the fair and just manner. requires that we do so. impact in the West is much greater. At the end of 1999, at the end of a re- I ask my colleagues to join me in Look at Alaska, for example. It makes markable century and millennium of taking the first step in abolishing the a great deal of difference. progress, I cannot help but believe that death penalty in our great nation. Last There are several kinds of lands, of our progress has been tarnished with week, I introduced a bill that abolishes course, and nobody argues with the our nation’s not only continuing, but the death penalty at the federal level. idea that the purpose of dealing with increasing use of the death penalty. As I call on all states that have the death these public lands is to preserve the re- of today, the United States has exe- penalty to also cease this practice. Let sources. All of us want to do that. The cuted 585 people since the reinstate- us step away from the culture of vio- second purpose, however, is to allow for ment of the death penalty in 1976. In lence and restore fairness and integrity its owners, the American people, who those 23 years, there has been a sharp to our criminal justice system. As we use them, to have access to these lands rise in the number of executions. This head into the next millennium, let us for hunting, fishing, grazing, timber— year the United States has already set leave this archaic practice behind. all of the things that go with multiple a record for the most executions in our I yield the floor and suggest the ab- use and healthy public lands. Really, country in one year, 85—the latest exe- sence of a quorum. that is where we are. No one argues cution being that of Ricky Drayton, The PRESIDING OFFICER. The about the concept of these resources, who was executed by lethal injection clerk will call the roll. but there is great argument about the just last Friday by the state of South The bill clerk proceeded to call the details of how you do it. Carolina. And the year isn’t even over One of the things that is happening roll. yet. We are on track to hit close to 100 now—and part of it is in the appropria- Mr. THOMAS. Mr. President, I ask executions this year. This is astound- tions bills that will be before us tomor- unanimous consent that the order for ing and it is embarrassing. We are a na- row—relates to the purchase of lands the quorum call be rescinded. tion that prides itself on the funda- and changing some of the management mental principles of justice, liberty, The PRESIDING OFFICER. Without techniques so the lands become less ac- equality and due process. We are a na- objection, it is so ordered. cessible to the people who live there, tion that scrutinizes the human rights Mr. THOMAS. Mr. President, I ask less a part of the society of these records of other nations. We are one of unanimous consent that I be allowed to States. the first nations to speak out against proceed for 10 minutes in morning busi- It is difficult to see on this chart, but torture and killings by foreign govern- ness. this is Wyoming, where over 50 percent ments. It is time for us to look in the The PRESIDING OFFICER. Without of the land belongs to the Federal Gov- mirror. objection, it is so ordered. ernment. The green colors are Forest Two former Supreme Court justices The Senator from Wyoming is recog- Service lands which were set aside by did just that. In 1994, Justice Harry nized. action of the Congress, action of the

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14598 CONGRESSIONAL RECORD — SENATE November 16, 1999 Federal Government, for specific pur- the things. We have 378 parks, or units, prepared to try to put in this bill some poses, and we still fulfill those pur- managed by the Park Service in this sort of protection and say we ought poses. country; they are very important to not, in States that have more than 25 Some of the lands were set aside as Americans. The infrastructure in many percent of their surface owned by the wilderness. When the wilderness was of them needs to be repaired and up- Federal Government, to have any net set aside, others were proclaimed to be dated. I argue this money that might gain—that there may be things the for multiple use. Before that changed be available from these kinds of Federal Government ought to acquire from multiple use to wilderness, it said sources ought to be used for the infra- because they have a unique aspect to specifically in the Wyoming wilderness structure of these parks so that we can them, but they can also dispose of bill that Congress had to act on it. The continue to support the maintenance some so that there is no net increase. I red area is Federal lands, Indian res- and availability of enjoyable visits for think that is a reasonable thing to do ervations. Yellow is the BLM lands. the American people. I believe we need and one we ought to pursue. The light green in the corners is na- to do that. In terms of endangered species, it is tional parks which were set aside for a Another that has come along more very difficult to do anything with a law very specific purpose. That purpose recently is a pronouncement by the that has been in place for 20 years. We continues to be one that is very close Forest Service that they would like to have 20 years of experience as to how to the hearts of the American People. I set aside 40 million acres in the forest to better manage it. Everyone wants to happen to be chairman of the parks as ‘‘roadless.’’ Nobody knows what preserve these species. But they subcommittee and work on those very ‘‘roadless’’ means. Is that a synonym shouldn’t have to set aside private and much. The yellow—the majority of the for wilderness? We don’t know. We had public lands to do that. We believe if public lands in our State, as is the case a hearing to try to get that answered we would require more science in terms with most other Western States—is Bu- by the Secretary of Agriculture and by of nomination and listing—and indeed, reau of Land Management lands. Inter- the Chief of the Forest Service. We when a species is listed, to have a re- estingly enough, when the Homestead were unable to do so. Many people I covery plan at the same time—that Act was in place and people were tak- know believe that would limit the ac- would be very important. ing homesteads in the West, BLM lands cess and would not allow people to One of the other activities is the Nat- were basically residual lands, not set hunt, for example, in places where they ural Environmental Protection Act, aside for any particular purpose. They aren’t able to walk because they are el- NEPA, a program in which there are were simply there when the homestead derly, or whatever the reason, and that studies designed to allow people to par- expired, and they are there now to be it will be most difficult to have a ticipate in decisions. Is that a good managed for multiple use. healthy forest, where you cannot re- idea? Studies could absolutely go on forever. Let me go back to the notion that move some of the trees that are ma- We are faced currently, for example, this is what has created some of the tured and, rather, let them die or let with the problem in grazing. Obviously, current controversy—the fact that insects infect them. These are the you have a renewable resource, grass. these lands change when they are used kinds of things that are of great con- It is reasonable to have grazing. You differently. Congress should have a role cern. have that on BLM forest lands. Now we in this. This is not a monarchy, a gov- There is also what is called an action find in this case that, under BLM, you ernment where the President can de- plan, the conservation of water action can get through the NEPA process to cide suddenly he is going to acquire plan, which seems to be put forth by renew a contract, and they say: Too more lands without the authority of EPA and other agencies more to con- bad; your contract is dead, unless we the Congress. That is kind of where we trol management of the land than can get to it, and we can’t. are now. There are several of these pro- clean water. The clean water action We are trying to change that. It is an grams that are threatening to the plan says you can do certain things and unreasonable thing to do. If there is all West, including the concept of the Fed- you cannot do certain things. The key of this difficulty with the agency, we eral Government’s intrusion into the is there needs to be participation by ought to change that. Indeed, there is whole of society in States in the West. people who live there. There needs to language in this year’s appropriations A number of things are happening. be some participation in cooperating bill to do something about it. One is the so-called ‘‘land legacy’’ that agencies, participation with the State, I think we are faced with trying to the administration is pushing. It is an participation with the agencies there, find the best way to deal in the future idea presented by the President—I so we can work together to preserve with public lands. In States where think largely by Vice President GORE— the resource but also preserve access to there is 50 percent or more of land in that the Federal Government somehow those resources and continue to allow Federal ownership, there is no reason should own a great deal more land than them to be part of the recreational we can’t continue to protect those re- it owns now. Indeed, they have asked economy in our States. sources; that we can’t continue to uti- for a set-aside from the offshore royal- There are other programs that also lize those lands in a reasonable way; ties of a billion dollars a year to ac- put at risk the opportunity to use that we can’t involve people locally in quire more lands. In many cases, their these lands, such as endangered spe- the States in making these decisions idea is not to have any involvement of cies, about which there is a great con- and making shared judgments. We can the Congress at all but simply to allow troversy in terms of whether there is a do that. them to have this money set aside, scientific basis for the listing of endan- Unfortunately, we find this adminis- without the appropriations process, so gered species, whether there are, in tration moving in the other direction— that they can purchase additional fact, ways to delist endangered species moving further way from working with lands each year. A portion of that is in when it is proven there has been a re- NEPA. We hear about all of these kinds this year’s Interior program, but the covery in terms of numbers. You can of partnerships. A partnership means big one, of course, is still controversial argue forever about that. These all go there is some equality in working to- in the Congress, and it was being dealt together to make public lands increas- gether. That is not the kind of partner- with in the House last week or the ingly more difficult for owner utiliza- ship we hear a lot about from the Fed- week before. tion. eral agency. I am hopeful that there So the question is, if there is to be I guess one of the reasons that is dif- can be. more Federal land, where should it be? ficult—and people who work with these We are very proud of these resources: The other is, if there is to be more, problems are basically in the minor- Yellowstone Park, Devil’s Tower—all what is the role of Congress to author- ity—is that the Western States are the kinds of great resources in Wyoming. ize it and appropriate funds for that as ones that have almost all Federal own- Here is where I grew up, near the Sho- opposed to having a sort of monarchy ership. shone Forest. I am delighted there is a set-aside to do that. With respect to some of the things we forest there. It should be, and it should The other, of course, in my view, has might do with regard to the land leg- continue to be there. But we need to to do with the use of these dollars. We acy and the idea of putting money have a cooperative management proc- talked about the parks. That is one of aside for public land purchase, we are ess to do that. I am committed. I am

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14599 also committed to working toward that Using funds from the recreation fee lion in the first year, increasing by $1 in the coming session. demonstration program, Bandelier Na- million per year until it reached $6 Mr. President, I suggest the absence tional Monument has refurbished sev- million in the year 2001, after which it of a quorum. eral of these existing structures to a would decrease slightly until the year The PRESIDING OFFICER. The functional condition. This park, as 2008. We hoped during that time period clerk will call the roll. many of our Nation’s parks, is faced to have been able to have dealt with The bill clerk proceeded to call the with a degradation of its core re- the residue of issues such as the dese- roll. sources. One of the significant chal- cration of the caves at Bandelier. Mr. GRAHAM. Mr. President, I ask lenges is the unnatural pace of erosion Unfortunately, beginning in fiscal unanimous consent that the order for within the monument’s wilderness year 1998, the funding was not at the the quorum call be rescinded. area. recommended $3.5 million level but, The PRESIDING OFFICER. Without This problem is in part due to intense rather, was at $1 million. In fiscal year objection, it is so ordered. grazing which occurred prior to the 1999, it was increased to $1.3 million. Mr. GRAHAM. Mr. President, I un- designation of the lands as a national The current Interior appropriations derstand we are in a period of morning monument in 1916. This activity ended bill, which has been passed by both the business. over 60 years ago but is still impacting House and the Senate, contains $994,000 The PRESIDING OFFICER. The Sen- the resources and the health of the for the Vanishing Treasures Program. ator is correct. park. The heavy grazing prior to 1916 At this level of funding distributed Mr. GRAHAM. Mr. President, I ask reduced the underbrush, allowing the throughout the entire Southwest, some unanimous consent to speak for up to pinon tree to take over the landscape. 41 national park sites benefit from this 30 minutes. This tree is now firmly established and program. At that level of funding, we The PRESIDING OFFICER. The Sen- has prevented the growth of other nat- cannot possibly come close to meeting ator is recognized. ural species in the canyon of Bandelier. the needs for the protection of our cul- Mr. GRAHAM. Thank you, Mr. Presi- Without the diverse plant species in tural treasures in the Southwest. We dent. the forest to retain the soil, erosion oc- are effectively making the decision f curs at a much more rapid pace. This that we are prepared to see these cul- erosion is one of the principal reasons tural and historic treasures lost before PRIVILEGE OF THE FLOOR why the archeological sites for which we make funds available for their pres- Mr. GRAHAM. Mr. President, I ask the monument was established are now ervation. unanimous consent that Stacy Rosen- severely threatened. We are in grave We are at a crossroads in our Na- berg, a staff member of my office, be danger of losing artifacts, structures, tion’s historical efforts to protect and granted floor privileges for the dura- and information about a people who preserve those national treasures tion of today’s session. spent hundreds of years building a soci- which are the responsibility of the Na- The PRESIDING OFFICER. Without ety in the Southwest. tional Park Service. The history of our objection, it is so ordered. In addition to cultural resource dam- Nation is marked by activism on public Mr. GRAHAM. Thank you very much, age to the unnatural state of the envi- land issues. The first full century of Mr. President. ronment at Bandelier, human behavior the United States’ existence—the 19th f has also had negative impacts. One of century—was marked by the Louisiana NATIONAL PARK PRESERVATION the first areas visitors to Bandelier ap- Purchase which added almost 530 mil- proach, and just off the main trail, is a lion acres to the United States, chang- Mr. GRAHAM. Mr. President, on Oc- series of cave dwellings. Ascending the ing America from an eastern coastal tober 31 of this year, I saw yet another ladder into the cave is stepping back nation to a continental empire. example of the challenges we are facing hundreds of years into a different cul- One hundred years later, President in our National Park System. ture. One arrives at the cave only to Theodore Roosevelt set the tone for Two weekends ago, I visited Ban- find the stark realities of contem- public land issues in the second full delier National Monument in New Mex- porary America by a desecration of history in our Nation’s history. He did ico, located about 1 hour west of Santa these caves with graffiti. This photo- it both in words and action. President Fe. graph showing an example of that dese- Theodore Roosevelt stated: Bandelier National Monument was cration speaks a thousand words about Conservation means development as much claimed a national monument under the level of respect which we as a soci- as it does protection. I recognize the right the jurisdiction of the Forest Service ety have paid to our national treasures and duty of this generation to develop and in 1916. In 1932, it was transferred to over the years. use the natural resources of our land; but I the National Park Service. There is some hope. In 1998, the Con- do not recognize the right to waste them, or Bandelier contains 32,737 acres, of gress and the administration estab- to rob, by wasteful use, the generations that which 23,267 acres are designated as lished a program at the suggestion of will come after us. wilderness. It is a park that is intended the National Park Service. It is called Roosevelt took action to meet these to preserve the cliff houses of the Pueb- Vanishing Treasures. This program was goals. During his administration, the lo Indian. the brain child of the national park su- United States protected almost 230 mil- I draw your attention to this photo- perintendents from Chaco Culture Na- lion acres of lands for future public graph taken near the entrance to Ban- tional Historic Site, Aztec Ruins Na- use. The question for us as we com- delier National Monument. One of the tional Monument, and the Salinas mence the third full century, the 21th cliff homes can be seen at the base of Pueblo Missions National Monument. century of the United States, is, can we this large cliff which forms the most The Vanishing Treasure Program live up to this example? Can we be wor- dramatic signature of Bandelier Na- seeks to restore the ruins to a condi- thy of the standards of Thomas Jeffer- tional Monument. This photograph tion where maintenance scheduled at son at the beginning of the 19th cen- gives some idea of the magnitude of the regular intervals rather than large- tury and Theodore Roosevelt at the be- cultural resources which are located in scale restoration projects will be suffi- ginning of this century? this park. cient to keep the ruins in good condi- I have discussed today the issues I In addition to the preservation of the tion. The program also has another witnessed at Bandelier National Monu- cultural resource of the monument, the very significant objective: Training the ment and the small efforts being made outstanding superintendent at Ban- next generation of preservation spe- to rectify this situation. Estimates of delier, Mr. Roy Weaver, also contends cialists who can perform this highly the maintenance backlog throughout with preservation of historical re- specific, complex craftsmanship of the National Park Service system sources such as 1930s CCC buildings maintaining national treasures such as range from $1.2 billion to over $3.5 bil- which were constructed in order to these caves at Bandelier National lion, depending on the calculation properly present the park to its many Monument. method. visitors but which have fallen into a The original outline of the Vanishing Mr. President, I ask unanimous con- sad state of disrepair. Treasures Program called for $3.5 mil- sent to have printed at the conclusion

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14600 CONGRESSIONAL RECORD — SENATE November 16, 1999 of my remarks an article which ap- telligent plans based on a the second half of the 106th Congress, peared in the Wall Street Journal of prioritization of need, with confidence let us keep the vision of Theodore Roo- November 12 of this year entitled the funds will be available as needed to sevelt in mind. Let us take action to ‘‘Montana’s Glacier Park Copes With complete the plans. This approach will protect our National Park System. Big Freeze On Funds To Maintain Its allow common sense to prevail when In the words of President Theodore Historic Structures.’’ projects are prioritized for funding. Roosevelt: The PRESIDING OFFICER (Mr. In some cases, such as one with The conservation of natural resources is THOMAS). Without objection, it is so or- which I am personally very familiar, the fundamental problem. Unless we solve dered. committed, and engaged—the Florida that problem, it will avail us little to solve (See Exhibit 1.) Everglades and the Everglades Na- all others. Mr. GRAHAM. The National Park tional Park—natural resource projects EXHIBIT 1 Service this year requested $194 million can be compared to open heart surgery. [From the Wall Street Journal, Nov. 12, 1999] for its operation and maintenance. In You simply cannot begin the operation, MONTANA’S GLACIER PARK COPES WITH BIG this year’s appropriations process, the open the patient, and then fail to com- FREEZE ON FUNDS TO MAINTAIN ITS HIS- House and Senate had the good judg- plete the operation if the money runs TORIC STRUCTURES ment to actually increase the National out before the surgery is finished. To (By John J. Fialka) Park Service request to $224.5 million. do so is to assure the patient will die in GLACIER NATIONAL PARK, MONT.—Few This is a good step forward, and I com- the surgery suite. places on earth are as legally protected as mend the Appropriations Committee In cases such as Bandelier National this park. The United Nations deems it a for having taken it. Monument and the Ellis Island Na- ‘‘World Heritage site.’’ Under U.S. law, 350 However, if we are to prevent the ex- tional Monument, another great na- buildings in the park are registered historic isting backlog from growing, we must structures. Four hotels and the road span- tional treasure, which I visited on Sep- ning this spectacular, million-acre chunk of support periodic maintenance on the tember 27 of this year, we are in a race America are ‘‘national historic landmarks.’’ existing facilities in the Park System. to complete a known cure before the So why are many of these buildings and I see we have now as our Presiding Offi- patient is lost. Bandelier’s super- the road literally falling apart? cer a person who has probably studied intendent, Roy Weaver, is taking every Over the past 30 years, as lawmakers and more, thought more, and done more to effort he can to preserve the resources park officials have heaped praise and pro- deal with this problem than any Mem- in his park. He is focusing the park en- tected status on Glacier, they have consist- ber of the Congress, the distinguished trance fees on repairing and maintain- ently failed to provide the money to main- tain it. The current bargaining between Con- Senator from Wyoming. ing historical structures. He is using gress and the White House on the shape of I wish to take this opportunity to funds available through the Vanishing the next budget doesn’t seem likely to commend the Presiding Officer for his Treasures Program to restore the mul- change that. The upshot: Much of the man- efforts in the program of the dem- titude of cultural resources in the made part of this mountainous park has onstration recreational fee in the Park monument. evolved into a kind of dangerous national an- System. I showed a moment ago a Mr. Weaver is a superintendent tique. photo of a portion of some buildings at whose knowledge of the history of the Among the park’s most endangered attrac- Bandelier National Park in New Mex- people who resided in this area of the tions: Many Glacier Hotel. It may look the same ico which were in serious disrepair. country hundreds of years ago and as it did when it was built in 1915, but under- Largely because of the ability to direct whose desire to preserve their culture neath its newly painted wooden facade, tired some of those national park dem- are evident even in a brief visit. Mr. old timbers are beginning to shift. That onstration funds to their rehabilita- Weaver’s enthusiasm and dedication makes hallways bend this way and that, win- tion, they are now being saved and will embody the conservation ethic of dows that won’t open and doors that won’t serve for many years to come. It is a President Theodore Roosevelt and the close. The steam heating system, unaccus- very constructive role in this national National Park Service. It is our respon- tomed to such action, springs six leaks a monument as well as protecting other sibility to give Mr. Weaver and his col- night. Going-To-The-Sun Road. An engineering valuable historic structures within the leagues across America the tools they marvel, built to cross the park and climb the national monument. need to put their enthusiasm to work. Continental Divide in 1932, is now marvelous I wish to thank the distinguished It is time to take the next step. to engineers because it hasn’t yet succumbed Senator from Wyoming for the leader- Earlier this year, with Senators REID to the force of gravity. But two-inch cracks ship he has given in that regard. and MACK, I introduced S. 819, the Na- are appearing in its pavement. Many of its I am sad to report that the Interior tional Park Preservation Act. This act retaining walls lean recklessly out into conference report, which will probably would provide dedicated funding to the space. Melting snow is washing away the soon be before us, has recommended a National Park Service to restore and road’s foundation, creating odd voids that reduction in the cyclical maintenance need filing. conserve the natural resources within The ‘‘Jammers.’’ The park’s much-loved of the National Park System and re- our Park System. This legislation fleet of buses, built in the late 1930s to ply pair and rehabilitation accounts. While seeks to address the long-term efforts the road, were condemned in August. Their these reductions are relatively small— required to truly restore and protect engines, brakes and transmissions had been $3 million in the case of cyclic mainte- our natural, cultural, and historic re- replaced, but metal fatigue and cracks in nance and $2.5 million in repair and re- sources in the National Park System. their frames raise new safety and liability habilitation—failure to meet these This legislation would allocate funds problems. basic annual maintenance require- derived from the use of a nonrenewable ‘‘This is the oldest fleet of vehicles in the ments will only add to our backlog of world,’’ says Larry Hegge, the chief me- national resource—offshore drilling in chanic for the buses, who discovered the unmet needs. We cannot make the the Outer Continental Shelf for oil and cracks. Now the 34 red buses with shiny, progress we must make in protecting gas—to a renewable resource, restora- chrome-toothed radiators and pull-off canvas our national treasures with these tion and preservation of natural, cul- tops sit nose-to-tail in a damp, dimly lit Band-Aid solutions. tural, and historic resources in our Na- shed. Mr. Hegge worries that the termites I suggest, building on the leadership tional Park System. there are eating upper parts of the jammers’ you provided through the Demonstra- At the beginning of this century, in a frames, which are made of oak. tion National Park Fee Program, and time of relative tranquility, President NO SOLUTION IN SIGHT the changes that were made in the re- Theodore Roosevelt managed to instill At the moment, no one knows how to fix lationship of the parks to their conces- the Nation with a tradition of con- these problems. Glacier Park Inc., the park’s sionaires, that we can go further in as- servation. He did so with this simple main concessionaire, owns the buses and the suring the long-term well-being of our challenge: Can we leave this world a hotels. It’s questioning a variety of experts National Park System. to see what might be done and at what cost. better place for future generations? The departing park superintendent, David A. In my judgment, what the National We are at the end of this century and Mihalic, recently apointed a 17-member com- Park Service needs is a sustained, reli- at the end of the first half of the 106th mittee to advise him about the road. able, adequate funding source that will Congress. As we embark on the third The numbers they’re looking at aren’t en- allow the Park Service to develop in- century of our Nation’s adventure and couraging. It could cost at least $100 million

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14601 to restore four major wooden hotels. Esti- The PRESIDING OFFICER. The havior to the outside world. The dis- mates for rebuilding the road start at $70 clerk will call the roll. pute settlement system at the WTO is million and climb steeply. The park’s annual The legislative assistant proceeded far from perfect, but it forces a country budget is $8 million. ‘‘Glacier has never had to call the roll. to explain actions that other members the money to keep up with maintenance and believe violate the global rules. And, repair,’’ shrugs John Kilpatrick, the park’s Mr. BAUCUS. Mr. President, I ask chief engineer. unanimous consent that the order for when a violation is found, it puts pres- For Superintendent Mihalic, who has just the quorum call be rescinded. sure on that country to comply with been transferred to Yosemite, running Gla- The PRESIDING OFFICER. Without the rules. In addition, there is a little cier has been an eerie flashback to 1972, when objection, it is so ordered. known feature of the WTO called the he took his first job there as a park ranger. f Trade Policy Review Mechanism, the He came back as superintendent in 1994 to TPRM. Every few years, a country’s find ‘‘nothing had changed. We had the same WTO ACCESSION OF CHINA entire trade system is reviewed by all old sewer systems, the same roads, the same Mr. BAUCUS. Mr. President, I con- other members. Again, this type of hotels, the same visitor accommodations.’’ gratulate Ambassador Barshefsky and scrutiny of China is virtually unprece- USING A ‘FACADE’ the administration on reaching an dented. Mr. Mihalic had to resort to what some agreement this week with China on Third, the agreement will help park experts call ‘‘management by facade.’’ WTO accession. This demonstrates that strengthen the economic reformers in Visible things get fixed. Less visible things China, especially Premier Zhu Rongji get deferred. ‘‘If we’re having trouble getting a policy of ‘‘engagement with a pur- the money to just fund the big-ticket items, pose’’ works. I believe the Chinese who has clearly been in a weakened po- like roads and sewage and water systems, a leadership, in particular Premier Zhu sition this year. Economic reform, lot of public services, such as trail mainte- Rongji and President Jiang Zemin, moving to a market economy, trans- nance and back-country bridges, never make have shown foresight, courage, and vi- parency—that is, opening up, less se- it to the top of the list,’’ he says. sion in making the commitments nec- crecy—direct foreign investment, list- To be sure, Mr. Mihalic isn’t the only park essary to conclude this bilateral agree- ing of companies on overseas mar- superintendent to wrestle with this. The In- ment. I am also glad President Clinton kets—progress in all these areas is of terior Department’s U.S. Park Service places worked so diligently over the last sev- vital importance to the United States the bill for deferred maintenance and con- as they relate to stability in China, as struction needed to fix time-worn facilities eral months to finalize the arrange- in its 378 parks at around $5 billion. ‘‘Cul- ment. they relate to accountability, and as turally, we try to hide the pain in the Park I believed in April that the April 8 ar- they relate to a growing middle class. Service,’’ explains Denis Galvin, the serv- rangement with China was a good one. Fourth, Taiwan, the 12th-largest ice’s deputy director. My preliminary evaluation of this economy in the world, has almost com- The day is coming when hiding the pain week’s agreement is that it goes be- pleted its WTO accession process. Yet here may no longer be possible. Last year yond the April 8 agreement and pro- it is a political reality internationally the Park Service proposed that the cheapest that Taiwan cannot join the WTO be- and quickest way to deal with the crum- vides further benefits to American eco- nomic interests. fore China. So, with China’s admission bling, much-patched Going-To-The-Sun road to the WTO, Taiwan will follow very would be to close it for four years and re- There are still several steps before build it. That produced a furor among people China can accede to the WTO. quickly. All of us should welcome that. The Congress has been concerned in the business community surrounding the China must complete other bilateral about many aspects of the U.S.-China park. agreements, in particular with the Eu- relationship: espionage allegations, nu- They’re now part of the advisory com- ropean Union. Next, the protocol of ac- clear proliferation, human rights, and mittee struggling to come up with ways to cession must be completed. Then, the keep it open and fix it at the same time. Taiwan. These are all serious issues, focus of attention will turn to us in the RULES FOR RESTORATION and we must confront each one head Congress. on. As for the Many Glacier Hotel, the latest In order to receive the benefits we estimates are that it would cost $30 million But, I, and I believe most Members of negotiated with China, the United to $60 million to bring it back to the glory Congress, are able to look at each issue days when guests arrived by railroad and re- States has to grant China permanent on its own merits. When Congress ex- ceived world-class accommodations. ‘‘We normal trade relations status. To do amines closely the arrangement for could never recover that. You would be talk- this, Congress has to amend the Jack- Chinese accession to the WTO, I am ing about renting rooms for $400 to $500 a son-Vanik amendment. confident that Members will conclude night,’’ says Dennis Baker, director of engi- I am confident that a majority in that extending permanent normal neering for the concessionaire Glacier Park, both Houses will vote to amend Jack- a subsidiary of Phoenix-based Viad Corp. trade relations status to China is now son-Vanik. But it will take a lot of in the best interest of the United Park rules currently limit hotel room rates work. The administration, the agri- to $120. The park’s season lasts only about States. 100 days. culture, manufacturing, and service in- I don’t want to sound pollyannaish As for Mr. Hegge, keeper of the park’s bus dustries, and those of us in the Con- about this. Once China is a member of fleet, he’s looking for experts to tell him how gress who have followed these negotia- the WTO and the United States has to refit his buses with new chassis or to build tions and the U.S.-China relationship granted permanent NTR status, the replicas. Because they are federally reg- closely over the years, must educate real work of implementation begins. istered historic landmarks, the road and the and explain to our colleagues about the We have learned over the years that hotels also must be restored to the way they benefits of the agreement reached this were with the same materials, adding many implementation of trade agreements millions more to the cost. week and the advantages to the United takes as much effort, or even more ef- Just where the millions will come from to States of having China in the WTO. fort, than the negotiations themselves. fix Glacier and many other maintenance- As we in the Congress begin to think The administration will have to pro- starved parks is, of course, the biggest ques- about this issue and deliberate on it vide us with a plan about implementa- tion. Democratic Sen. Bob Graham of Flor- next year, I see four principal benefits tion. We in the Congress will have to ida has introduced legislation to earmark to the United States. devote additional resources and energy $500 million a year from federal offshore oil First, this week’s agreement opens to ensuring full Chinese implementa- royalties for buying park land and fixing up new markets in China, with its pop- parks. tion. Over time, he’s sure it would save money, ulation of 1.3 billion, for American Earlier this year, I introduced a bill ‘‘That would allow them to plan more than a farmers, manufacturers, and service in- to establish a Congressional Trade Of- year ahead. They could let contracts for dustries. This will help sustain Amer- fice to provide the Congress with addi- multiple buildings at a time,’’ explains the ican economic growth. tional resources to do exactly that. I senator, who says support for the measure Second, the agreement gets China hope my colleagues will look at that has been slow but is growing. into the global trading system, which proposal and give it their support. In The PRESIDING OFFICER. Who forces them to play by the rules of addition, I will be introducing some yields time? international trade. measures to help ensure that the ad- Mr. GRAHAM. Mr. President, I sug- For perhaps the first time in history, ministration—this one as well as fu- gest the absence of a quorum. China will be accountable for its be- ture administrations—never deviates

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14602 CONGRESSIONAL RECORD — SENATE November 16, 1999 from the task of full implementation of forts. It was one of the first organiza- Senator from New Jersey, Senator agreements with China. tions to move into the Balkan region TORRICELLI, and I, working with the In conclusion, this is a good agree- when the conflict in Kosovo began. distinguished deputy Democratic lead- ment. It serves American interests. As I mentioned earlier, during the er, the Senator from Nevada, are pre- We have a lot of work ahead of us to August recess I visited the World Food pared to enter into a unanimous con- help implement it and to follow up Program and met with Catherine sent agreement to limit the remaining next year to make sure it is imple- Bertini and talked to her about how Democratic amendments to only 28 mented. It deserves our support. their efforts were going. I believe they amendments. Most of these would limit I yield the floor. are doing a great job. Areas which had us to very short time agreements. I The PRESIDING OFFICER. The Sen- previously been empty fields have been will speak on this more this afternoon. ator from Vermont. transformed into makeshift cities I want Senators to know that. Mr. LEAHY. Mr. President, what is where thousands of people seeking safe- f the situation? Are we still in morning ty, food and shelter have found relief, business or is this a matter of some thanks to the efforts of the World Food SATELLITE HOME VIEWERS’ ACT dispute? Program, Catholic Relief Services and AND PATENT REFORM ACT The PRESIDING OFFICER. Morning other international organizations. Mr. LEAHY. Mr. President, I hope business has expired, but the Senator is But emergency relief efforts such as that the leadership will soon bring up certainly free to proceed. this reflect only a portion of the World for a vote the conference report regard- Mr. LEAHY. Once morning business Food Program’s responsibilities. The ing the Satellite Home Viewers Act has expired, do we go back on the World Food Program’s Food for Work and the Patent Reform Act. This legis- bankruptcy bill? programs feed millions of chronically lation passed the House of Representa- The PRESIDING OFFICER. That is hungry people worldwide. They con- tives by a vote of 411–8. According to the understanding, yes. tribute more grants to developing an informal whip count, if it came to a f countries than any other United Na- vote in the Senate, it would pass by tions agency. That is why so many peo- something like 98–2, and no worse than EXTENSION OF MORNING ple around the world felt the same de- 95–5. So we ought to bring it up for a BUSINESS gree of sadness that I and others in the vote. Mr. MACK. Mr. President, I ask Senate did when we learned of the I don’t know when I have gotten so unanimous consent that the period for plane crash on Friday in which a World much mail on any subject as I have on morning business be extended until 2 Food Program plane, en route from satellite home viewing. If you come p.m. under the same terms as pre- Rome to Pristina, crashed into a moun- from a rural area, you know how im- viously ordered. tain ridge just miles from their des- portant this legislation is. If we do not The PRESIDING OFFICER. Without tination, killing all 24 people aboard pass the Satellite Home Viewers Act, objection, it is so ordered. the plane. on December 31 hundreds of thou- Mr. LEAHY. Mr. President, I ask The passengers aboard this plane sands—maybe millions—of satellite unanimous consent to speak for 10 min- were an international group of aid viewers will find that a number of their utes. workers. They were all headed to channels will be simply cut off, espe- The PRESIDING OFFICER. Without Kosovo to become part of the humani- cially in rural areas. objection, it is so ordered. tarian mission there. In a war-torn So when we have something that f area, these were 24 people going to could easily be passed, we ought to do it. The patent legislation is sup- THE WORLD FOOD PROGRAM bring solace, aid, and help to people who have seen so little of it over the ported—the so-called Hatch-Leahy Mr. LEAHY. Mr. President, last week years. They were people who were mo- bill—by most businesses I know. It there was a terrible tragedy affecting tivated by the greatest sense of charity would be a tremendous step forward in the United Nations’ World Food Pro- and giving to their fellow human helping us to be competitive with the gram. This occurred when one of their beings. They worked for U.N. agencies, rest of the world in our patent legisla- planes crashed in Kosovo on an errand nongovernmental organizations, and tion. It is also the second time in his- of mercy. government agencies, all united by a tory that we have lowered the cost of Since its inception in 1963, the World sense of humanitarianism. patent registration to the taxpayers. Food Program has been the United Na- The loss of these individuals is going So I urge that when we have a piece of tions’ front line for fighting hunger to be felt throughout the world. They legislation like this, which has passed throughout the world. It is the world’s were people who demonstrated over the House of Representatives 411–8, largest food aid organization. and over again that their fellow human which would pass overwhelmingly in Last year, the World Food Program beings were the most important things the Senate, that the Republican leader- assisted 75 million people in 80 coun- in their lives. Their deaths are a major ship bring it up. Passing this bill will tries around the world. This summer I loss to their families, as well as the or- give some aid to many businesses observed their operations in Kosovo. In ganizations, including the World Food throughout the country, including fact, at one point I was invited to fly Program, for which they worked. some of the finest technological busi- on the same plane that crashed, to go I send my sincere condolences to the nesses in the world. and see what they were doing. families of those killed in this tragic And on the satellite front, this bill The World Food Program’s mission is crash, and I hope the world will under- will allow the many individuals who to eradicate hunger. I think that in the stand they have lost 24 of their finest rely on satellite dishes because they last seven years it has moved closer people. live in rural areas to be able to con- and closer to accomplishing this goal (The remarks of Mr. LEAHY per- tinue to get their television. under the leadership of Executive Di- taining to the introduction of S. 1924 I think of States like my own State rector Catherine Bertini. I was very are printed in today’s RECORD under of Vermont, such as the State of Mon- proud to support Catherine when she ‘‘Statements on Introduced Bills and tana, the State of Texas, the State of was appointed to be executive director Joint Resolutions.’’) Wyoming, and the State of Nevada, to in 1992, during the administration of f name a few, where because of our rural President Bush. She became the first nature, people are very dependent on woman to head the World Food Pro- BANKRUPTCY REFORM ACT satellite dishes. These satellite dish gram. I have been a strong supporter Mr. LEAHY. Mr. President, I know owners are justifiably concerned that for her ever since. She has done a great we are going on to the bankruptcy bill on December 31, many of their chan- job as executive director, and I am glad later today. We made progress on the nels are going to go dead. We can stop that she continues to lead the World bill last week. We cleared 25 amend- that by passing this legislation this Food Program today. ments and improved the Bankruptcy week. For many, the World Food Program Reform Act. We will continue to try to The Satellite Home Viewers Act con- is known for its emergency response ef- do that again today. The distinguished ference report will soon be before us. It

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14603 passed overwhelmingly in the House, as other girls, had been convicted of vio- no standards at all. If you want to be in it will here. I only know of two or lent acts, and then sentenced to life in that business, get your cousin, your three people who are opposed to it. prison for murdering this 11-year-old brother-in-law, maybe a couple sons, That should not be enough to stop this girl, Jeanna North, in Fargo, ND. buy a minivan and you are in business. bill. This convicted child murderer and Contract with a State or local govern- In fact, I will join with the majority violent offender, after being convicted ment and you can haul violent crimi- leader if he wants to bring the satellite and sentenced in the courts of North nals through Arizona, New Mexico, bill up and instantly file cloture. I Dakota, was being transported to pris- North Dakota, New Hampshire, any- could get him the necessary signatures on in another state. Apparently, folks where. You do not have to meet any in 20 seconds. I can guarantee him that who molest children and are convicted minimum standards. There is some- if it was necessary—and I hope that it of crimes against children sometimes thing wrong with that. would not be—to vote cloture, he would are put in prisons elsewhere because Senator ASHCROFT and I and Senator get far more than the 60 votes nec- they run into problems in prison. Even LEAHY are introducing a piece of legis- essary for it; 90 to 95 Members of the in that culture they are not considered lation saying: If you are holding your- Senate want to pass this. I hope the very good people, so child molesters self out to do business hauling violent distinguished majority leader will are sent to other prisons for their own criminals interstate in this country, allow it to come to a vote. safety. This fellow named Kyle Bell, then you must meet some reasonable Mr. President, I suggest the absence who killed young Jeanna North, was minimum standards. of a quorum. being transported to a prison in the When Kyle Bell walked away from The PRESIDING OFFICER. The State of Oregon. that rest stop, he was wearing civilian clerk will call the roll. This convicted child killer was being clothes. Apparently, he walked into a The bill clerk proceeded to call the transported by a private company parking lot, they think, of a shopping roll. which was contracted by the State of center. But he wouldn’t have been no- The PRESIDING OFFICER (Mr. North Dakota. Apparently—and I ticed as a convicted child killer be- SMITH of New Hampshire). In my capac- wasn’t aware of this—there are trans- cause he was wearing civilian clothes. ity as the Senator from New Hamp- port companies that hire themselves to One would ask the question: if you are shire, I ask unanimous consent that State and local governments to trans- hauling a convicted killer across this the quorum be rescinded. port prisoners and criminals around country, why would you not have that Without objection, it is so ordered. the country. The private company’s convicted killer in an orange suit that f name was Transcor. says ‘‘prisoner’’ on it? Instead, he was Kyle Bell was on a bus with more sitting on that bus with a key in his EXTENSION OF MORNING than a dozen other prisoners. The bus shoe and civilian clothing, so when he BUSINESS stopped in New Mexico at a gas station. slipped out of that bus when the guards The PRESIDING OFFICER. On be- One guard got out of the bus to fill the were asleep and walked into a shopping half of the leader, I ask unanimous bus with some fuel, a second guard got center parking lot, apparently no one consent that the period for morning out of the bus and went into the serv- noticed. So over a month has gone by business be extended until 4 p.m. under ice station apparently to buy a ham- and people in this country are at risk the same terms as previously ordered. burger or whatever one was going to because this convicted killer is on the Hearing no objection, it is so ordered. buy at the food station, and two other loose. In my capacity as the Senator from guards fell asleep on the bus. The other This young girl, Jeanna North, who New Hampshire, I suggest the absence guards slept on the bus. died, you can imagine how her folks of a quorum. Kyle Bell, a convicted child killer, in feel. I talked to her folks last week. The clerk will call the roll. handcuffs and shackles—with one The aunt and uncle of Kyle Bell, this The legislative assistant proceeded guard putting gas in the bus, the sec- murderer, are worried as well because to call the roll. ond guard buying food in the gas sta- he has threatened his own relatives. Mr. DORGAN. Mr. President, I ask tion, and the other two asleep in the The point is this: All of this has hap- unanimous consent that the order for front seat—Kyle Bell took a key he had pened because a private company de- the quorum call be rescinded. in his shoe, took off his shackles and cides it is going to hire itself out to The PRESIDING OFFICER (Mr. climbed out the ventilator, the roof of haul killers around the country, but CRAPO). Without objection, it is so or- the bus. That bus then continued on its there are no standards to be met. Sen- dered. route. It wasn’t for 9 hours, when the ator ASHCROFT and I and Senator Mr. DORGAN. Mr. President, is the bus was already in Arizona, that the LEAHY believe the Justice Department Senate currently in morning business? guards discovered this convicted child ought to write standards—no tougher The PRESIDING OFFICER. The Sen- killer had escaped. Nine hours later than they themselves will follow in the ate will be in morning business until they finally discovered he had escaped. Federal Bureau of Prisons or the U.S. the hour of 4 p.m. Two hours after that, the guards fi- Marshals Service. Incidentally, they do f nally notified law enforcement au- transport killers all across the coun- thorities. try. The U.S. Marshals Service has REGULATING THE INTERSTATE Today this man is somewhere in this done it for years; so has the Federal TRANSPORT OF PRISONERS country. ‘‘America’s Most Wanted’’ did Bureau of Prisons. We believe there Mr. DORGAN. Mr. President, I have a story last Saturday, the second they ought to be some minimum standards introduced a piece of legislation in the have done. Now over a month has gone that apply to these companies. The Senate with my colleagues, Senator by and this violent child killer is some- Justice Department ought to be able to ASHCROFT from Missouri, and Senator where on the loose. establish those standards that are no LEAHY from Vermont. I have written Why? Because a private company greater than the standards that will be this legislation with their assistance to that is required to meet no standards complied with by the Federal agencies deal with a problem that could cause at all hired itself out to haul violent themselves. and will cause and perhaps has caused criminals. If you hire yourself out to Is this, this escape of Kyle Bell, some significant jeopardy to Americans, haul toxic waste interstate, I will tell sort of strange and unusual occur- American families and others. you one thing: you are going to have to rence? No, regrettably it is not. Let me Let me describe the circumstance. meet standards. If you are going to give a few examples. There is a young girl from North Da- haul toxic waste, one State to another, Although there are no reporting re- kota named Jeanna North. Jeanna was you have to comply with reasonable quirements for private companies that a wonderful 11-year-old young girl from standards for public safety. The same haul convicted prisoners across this Fargo, ND, who was brutally murdered is true if you haul circus animals. The country, media reports indicate that in by a man named Kyle Bell. Kyle Bell same is true if you are trucking cattle the last 3 years alone, 21 violent con- had previously been sentenced to 30 across the country. But if you truck victed prisoners have escaped during years in prison for assaulting three convicted killers across the country— transport by private companies. No

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14604 CONGRESSIONAL RECORD — SENATE November 16, 1999 Federal Bureau of Prisons prisoners the guards when he was told the trans- tice Department shall establish min- have escaped during transport—none. port company had a contract to move imum standards and minimum require- U.S. Marshals Service—it has been these prisoners. ments a business must meet in order to years and years since the Marshals Despite explicit instructions not to transport violent offenders. I am only Service has had anyone escape from stop anywhere but a county jail until talking about violent offenders. Among their custody during transport. But reaching their destination, the guards those would be the requirement of cer- private companies that are unregulated decided to stop at a rest stop in Texas. tain kinds of handcuffs and shackles, and have no requirements to meet? During the stop, the inmates slipped the requirement for violent offenders July 24, 1999: Two men convicted of out of their handcuffs and leg irons and to wear easily recognized, bright cloth- murder escaped while being trans- overpowered the two guards. The six ing identifying them as prisoners, and ported from Tennessee to Virginia. inmates stole the van and led police on a range of other sensible ideas. Two guards went into a fast food res- a high-speed chase before being cap- The bill does not allow the Justice taurant to get breakfast for the con- tured. Department to impose requirements on victs. When they returned, they didn’t The escape was not even reported to the private sector that exceed the re- notice the convicts had freed them- the local police by the guards who were quirements the U.S. Marshals Service selves from their leg irons. While one at fault but instead by a tourist who or the Federal Bureau of Prisons them- guard returned to the restaurant, the witnessed the incident. selves will meet as they transport pris- other stood watch outside the van, but There is clearly something wrong oners. But it seems to me reasonable, he forgot to lock the door. The inmates here. I mentioned a few of these exam- and it does to my colleagues as well, kicked it open and fled. One was ples. Violent prisoners are being hauled that we ought to require some basic, caught 45 minutes later; the other stole across this country, interstate trans- thoughtful, commonsense standards to a car and was free for 8 hours before portation, without the kind of basic be met on the part of these private being apprehended. precautions you would expect. Again I companies. July 30, 1997: Convicted rapist and say if you want to haul toxic waste I should also say that some of the kidnaper Dennis Glick escaped while interstate you must meet specific safe- companies themselves believe this is a being transported from Salt Lake City ty criteria. But that is not the case if reasonable thing to do. Some of the to Pine Bluffs, AR—again by a private you want to haul violent criminals. transport companies themselves say company. While still in the van, Glick What if you or your family were to there needs to be some set of stand- grabbed a gun from a guard who had drive up to a gas station and stop next ards. Because when anyone can get fallen asleep. He took seven prisoners, to a minivan that is holding three con- into this business without taking rea- a guard, and a local rancher hostage, victed murderers being transported by sonable precautions, we will have con- and led 60 law enforcement officials on some guy and his two sons-in-law to a victed murderers escaping and the an all-night chase across Colorado be- prison in California? Is that something American public will be at risk. fore being recaptured the next morn- you would worry about? I would. Peo- This legislation is supported by a ing. ple in this country ought to worry wide range of organizations: The Na- November 30, 1997: Whatley Rolene about that. There ought to be stand- tional Sheriffs Association, the Amer- was being transported from New Mex- ards. ican Jail Association, the California ico to Massachusetts. He was able to It is interesting that most of these Correctional Peace Officers Associa- remove his handcuffs and grab a shot- escapes occurred when a private com- tion, the New York Correctional Offi- gun while one guard was in a gas sta- pany stopped at a fast food place or to cers and Police Benevolent Associa- tion and the other slept in the front get fuel. Do you know what federal tion, the North Dakota Chiefs of Police seat. He later surrendered after a show- agencies do when they need to stop Association, the North Dakota Fra- down with the Colorado State Patrol someplace? They try to only stop at a ternal Order of Police, the Victims As- and a local sheriff’s office. police station or jail or prison so they sistance Association in my State, the December 4, 1987: During transport, have decent help in making certain Klaas Kids Foundation in California, 11 inmates escaped from a private com- these folks are not going to escape dur- the Megan Nicole Kanka Foundation, pany after overpowering a guard in the ing a stop. and others. van. Among the escapees was convicted None of this makes any sense. All of We call this bill Jeanna’s bill. It is child molester Charles E. Dugger and us know this is not the way to do busi- called Jeanna’s bill in the hopes that convicted felon and former jail escapee ness. The Kyle Bell escape is just the the memory of this 11-year-old girl, Homer Land. Apparently, they shed most recent. God forbid that this man Jeanna North, might serve for the Con- their shackles by either picking their should murder someone while he is out. gress to pass good legislation that will locks or using a key. The guard in the God forbid someone is injured, hurt, or impose sensible, commonsense require- van opened the van doors to ventilate murdered during this person’s escape. ments on private companies trans- it while the other guard was inside the This story of Kyle Bell’s escape was porting violent criminals so some other Burger King. The guard in the van had on ‘‘America’s Most Wanted,’’ last Sat- family will not have to go through the been on the job less than a month. urday night. I don’t know whether he agony, the heartbreak, and the sheer The man named Dugger was appre- will be apprehended, when he will be terror that has visited the North fam- hended a short time later, but Homer apprehended, where he might be appre- ily—first because of the murder of Land forced his way into the home of a hended. But this country and its law their daughter, then the trial of the couple in Owatonna, MN, held them enforcement authorities should not be murderer, and now the murderer’s es- hostage for 15 hours, and forced them having to go through this. This person cape. to drive into Minneapolis where they should be in a maximum security pris- Let us hope Congress can pass this escaped when Land went into a store to on in the State of Oregon right now. kind of legislation and we will not in buy cigarettes. He was later appre- That is where he was headed. He should the future be seeing stories about pri- hended on a bus headed to Alabama. be serving life in prison for the killing vate companies allowing convicted August 28, 1986: A husband-and-wife of this 11-year-old girl. Instead, he is killers to escape while they are being team of guards showed up at an Iowa somewhere out there in this country, a transported to their life in prison in a State Prison to transport six inmates, danger to the American people because maximum security institution. five of them convicted murderers, from we have private transport companies Mr. President, I yield the floor and Iowa to New Mexico. When the Iowa that are required to meet no regula- suggest the absence of a quorum. prison warden saw there were only two tions, no minimum standards. The PRESIDING OFFICER. The guards, a husband and wife, to trans- The legislation I have introduced is clerk will call the roll. port six dangerous inmates, five of rather simple. With my colleague from The legislative assistant proceeded them convicted murderers, he re- the State of Missouri, Senator to call the roll. sponded, ‘‘You’ve got to be kidding ASHCROFT, and my colleague, Senator Mr. FEINGOLD. Mr. President, I ask me.’’ Despite his concerns, the warden LEAHY, from Vermont, I have intro- unanimous consent that the order for released the prisoners to the custody of duced legislation that will say the Jus- the quorum call be rescinded.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14605 The PRESIDING OFFICER (Mr. BEN- er fan. As Ron Dayne said about his in- of the Federal Reserve System and to Con- NETT). Without objection, it is so or- credible run into the record books, gress. dered. ‘‘It’s kind of sinking in now. This is the Hatch/Dodd/Gregg amendment No. 2536, to protect certain education savings. f best.’’ Feingold amendment No. 2748, to provide As a Wisconsinite and a dedicated EXTENSION OF MORNING for an exception to a limitation on an auto- Badger fan, I can tell you that it truly BUSINESS matic stay under section 362(b) of title 11, is the best, and that Ron Dayne, the United States Code, relating to evictions and Mr. FEINGOLD. Mr. President, I ask best all-time rusher in college football, similar proceedings to provide for the pay- unanimous consent that morning busi- is a true Badger hero. ment of rent that becomes due after the peti- ness be extended for 5 minutes. Mr. President, On Wisconsin! tion of a debtor is filed. The PRESIDING OFFICER. Without Schumer/Santorum amendment No. 2761, I yield the floor and suggest the ab- to improve disclosure of the annual percent- objection, it is so ordered. sence of a quorum. age rate for purchases applicable to credit f The PRESIDING OFFICER. The card accounts. HONORING RON DAYNE clerk will call the roll. Durbin amendment No. 2659, to modify cer- The legislative assistant proceeded tain provisions relating to pre-bankruptcy fi- Mr. FEINGOLD. Mr. President, I am to call the roll. nancial counseling. on the floor today principally to con- Durbin amendment No. 2661, to establish Mr. MOYNIHAN. Mr. President, I ask parameters for presuming that the filing of a tinue to battle for our Wisconsin dairy unanimous consent that the order for industry and Wisconsin dairy farmers. case under chapter 7 of title 11, United the quorum call be rescinded. States Code, does not constitute an abuse of As I was here today, I had a chance to The PRESIDING OFFICER. Without that chapter. reflect on something else about Wis- objection, it is so ordered. Torricelli amendment No. 2655, to provide consin that we will be bragging about for enhanced consumer credit protection. today. I come here as a proud alumnus f Wellstone amendment No. 2752, to impose a of the University of Wisconsin-Madi- RESERVATION OF LEADER TIME moratorium on large agribusiness mergers and to establish a commission to review son. Of course, I am talking about the The PRESIDING OFFICER. Under new career rushing record in college large agriculture mergers, concentration, the previous order, the leadership time and market power. football just set by one of the greatest is reserved. AMENDMENT NO. 2663 Badgers of all time, Ron Dayne. Ron Dayne rushed his way into foot- f (Purpose: To make improvements to the bill) Mr. MOYNIHAN. Mr. President, I ball glory on Saturday. After rushing BANKRUPTCY REFORM ACT OF 1999 for an incredible 6,181 yards in his ca- send an amendment to the desk and The PRESIDING OFFICER. The Sen- reer, he needed only 99 yards to break ask for its immediate consideration. ate will now resume consideration of S. The PRESIDING OFFICER. The the record set last year by Texas’s 625, which the clerk will report. clerk will report. Ricky Williams. The legislative clerk read as follows: The bill clerk read as follows: Short runs throughout the first half The Senator from New York [Mr. MOY- brought him within yards of the record A bill (S. 625) to amend title 11, United States Code, and for other purposes. NIHAN] proposes an amendment numbered and helped his team build an early Pending: 2663. lead. Then, with 5 minutes left in the Mr. MOYNIHAN. Mr. President, I ask second quarter, he broke the record on Feingold amendment No. 2522, to provide for the expenses of long term care. unanimous consent that reading of the a 31-yard sprint and went on to rush a amendment be dispensed with. total of 216 yards to help catapult the Hatch/Torricelli amendment No. 1729, to provide for domestic support obligations. The PRESIDING OFFICER. Without Badgers—with my apologies to my col- Leahy amendment No. 2529, to save United objection, it is so ordered. leagues from the Hawkeye State—to a States taxpayers $24,000,000 by eliminating The amendment is as follows: crushing 41–3 victory against Iowa. the blanket mandate relating to the filing of On page 107, line 7, strike ‘‘(C)(i) for pur- I quote from Matt Bowen, a leading tax returns. poses of subparagraph (A)—’’ and insert the tackler for the University of Iowa, on Wellstone amendment No. 2537, to disallow following: the difficulty of stopping University of claims of certain insured depository institu- ‘‘(C) for purposes of subparagraph (A)— Wisconsin running back Ron Dayne. tions. ‘‘(i) if the debtor, and the spouse of the Matt said: ‘‘It’s like trying to catch a Wellstone amendment No. 2538, with re- debtor in a joint case, as of the date of the spect to the disallowance of certain claims order for relief, have a total current monthly couch as it tumbles down a few flights and to prohibit certain coercive debt collec- of stairs.’’ income greater than the national or applica- tion practices. ble State median family monthly income With this achievement, Ron Dayne Feinstein amendment No. 1696, to limit the calculated on a monthly basis for a family of has rushed his way into the front of a amount of credit extended under an open end equal size, or in the case of a household of pack of Heisman hopefuls, and he has consumer credit plan to persons under the one person, the national median household helped guarantee his team another trip age of 21. income for one earner (except that for a to Pasadena on New Year’s day as the Feinstein amendment No. 2755, to discour- household of more than 4 individuals, the undisputed champions of the Big 10. age indiscriminate extensions of credit and median income shall be that of a household Through it all, Ron Dayne has been a resulting consumer insolvency. of 4 individuals, plus $583 for each additional Schumer/Durbin amendment No. 2759, with member of that household)—’’. model person as well as a model team respect to national standards and home- On page 107, lines 8 and 14, move the mar- player, exhibiting a modesty and dedi- owner home maintenance costs. gins 2 ems to the right. cation that make him a Badger hero Schumer/Durbin amendment No. 2762, to On page 107, line 19, strike ‘‘and’’ and all for the ages. modify the means test relating to safe har- that follows through line 20 and insert the On Saturday, as jubilant Badger foot- bor provisions. following: ball fans waved their souvenir Dayne Schumer amendment No. 2763, to ensure ‘‘(ii) if the debtor and the debtor’s spouse towels in the air at Camp Randall Sta- that debts incurred as a result of clinic vio- combined, as of the date of the order for re- dium and chanted Ron Dayne’s name, lence are nondischargeable. lief, have a total current monthly income Schumer amendment No. 2764, to provide that does not satisfy the conditions of clause they celebrated a great victory for Wis- for greater accuracy in certain means test- (i)— consin, and above all they celebrated a ing. ‘‘(I) consumer debts owed to a single cred- player who does honor to his school, to Schumer amendment No. 2765, to include itor and aggregating more than $1,075 for himself, and to the game he has taken certain dislocated workers’ expenses in the luxury goods or services incurred by an indi- to a new level of excellence. debtor’s monthly expenses. vidual debtor on or within 60 days before the The Great Dayne, as we all him in Dodd amendment No. 2531, to protect cer- order for relief under this title are presumed Wisconsin, finishes his regular season tain education savings. to be nondischargeable; and career with a phenomenal record of Dodd amendment No. 2753, to amend the ‘‘(II) cash advances aggregating more than Truth in Lending Act to provide for en- $1,075 that are extensions of consumer credit 6,397 rushing yards. He has secured hanced information regarding credit card under an open end credit plan obtained by an himself a lofty place in the history of balance payment terms and conditions, and individual debtor on or within 60 days before college football, and a permanent place to provide for enhanced reporting of credit the order for relief under this title are pre- in the hearts of every Wisconsin Badg- card solicitations to the Board of Governors sumed to be nondischargeable; and

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14606 CONGRESSIONAL RECORD — SENATE November 16, 1999 ‘‘(iii) for purposes of this subparagraph—’’. a fair assumption. They did what they tices of creditors filing ‘‘fraud’’ On page 111, line 20, strike ‘‘(14A)(A) in- needed to do to get by. The thresholds dischargeability cases, for which there curred to pay a debt that is’’ and insert the as they exist under current law would is no factual basis, simply to coerce re- following: ‘‘(14A) if the debtor, and the spouse of the continue to apply to median and below- affirmations, and actually dropping debtor in a joint case, as of the date of the median income families. those cases when they are defended. order for relief, have a total current monthly I will make the point that we are, by Most of these cases are in fact settled income greater than the national or applica- this amendment, not changing current through reaffirmations, because the ble State median family monthly income, law. We are not introducing a novel debtors have no choice but to take the calculated on a monthly basis for a family of concept into bankruptcy proceedings. ‘‘low monthly payment’’ option. equal size, or in the case of a household of We are providing for low-income per- The new presumptions of fraud pro- one person, the national median household sons to continue to have the same pre- posed in S. 625, against debtors who income for one earner (except that for a sumptions in their favor, or against have charged as little as $250 on a cred- household of more than 4 individuals, the median income shall be that of a household them, that we have lived with for many it card, and under the amorphous of 4 individuals, plus $583 for each additional years, with fair success, as I under- standard that a debt was incurred to member of that household)— stand it. pay another debt, will embolden credi- ‘‘(A) incurred to pay a debt that is’’. S. 625 adds a new exception to dis- tors to file many more of these com- On page 112, line 2, insert ‘‘, with respect to charge for debt incurred to pay non- plaints. My amendment to S. 625 ad- debtors with income above the amount stat- dischargeable debt and creates a pre- dresses these presumptions. I will ex- ed,’’ after ‘‘that’’. sumption of nondischargeability for plain how. Mr. MOYNIHAN. Mr. President, the debts incurred to pay such debt within First, under current law, consumer amendment is a small matter in the 70 days of filing the bankruptcy peti- debts owed to a single creditor (exclud- larger context of the legislation we are tion. This amendment would retain the ing ‘‘goods or services reasonably nec- dealing with, but a very large matter current state of the law as to debt in- essary’’) of more than $1,075 obtained to the people we are talking about who curred to pay nondischargeable debt within 60 days of bankruptcy and cash are low-income debtors. This addresses for median and below-median income advances of more than $1,075 obtained two aspects of the bill that have dis- families. within 60 days of bankruptcy are pre- proportionate negative impacts on low- I do believe this is a worthy amend- sumed to be fraudulent, and thus non- income debtors. ment. I commend it to my colleagues. dischargeable. S. 625 seeks to expand The first aspect concerns consumer I have had the opportunity to have the circumstances under which such debt and cash advances. The second re- worked through this, and I express my transactions would be considered lates to debt incurred to pay non- own gratitude that in many years dis- fraudulent in two ways: first, by low- dischargeable debt. By nondischarge- tant past I did not decide to become a ering the threshold amount that would able debt, we mean the debt a con- bankruptcy lawyer. That would have trigger the fraud presumption to $250 sumer has to repay even if they declare been a complexity beyond my capacity. for consumer debts and to $750 for cash bankruptcy. There are very common- Mr. President, I thank the Chair for advances; and, second, by increasing sense provisions in our bankruptcy his courtesy and the Senate for its the number of days prior to bank- laws that say if you acquire a large equal attention. I commend this mat- ruptcy during which debt incurred and debt in a short period before declaring ter. I think it is something we would be cash advances obtained would be pre- bankruptcy, there is some presumption wise to do. The essence of the proposal sumed fraudulent (to 90 days for con- that you knew where you were heading is: For low-income debtors, don’t sumer debts and to 70 days for cash ad- and you were taking advantage of the change the rules. They are not the vances). bankruptcy laws. problem. Don’t create problems for Under my proposed amendment, the Under current law, consumer debts them. threshold amounts of money and num- owed to a single creditor—excluding A well-documented and prevalent bers of days triggering a presumption ‘‘goods or services reasonably nec- form of abuse by some creditors is the of fraud in S. 625 would only apply to essary’’—of more than $1,075 obtained filing of unfounded complaints alleging debtors whose total monthly income is within 60 days of bankruptcy and cash that debtors committed fraud, or the greater than the median monthly in- advances of more than $1,075 obtained use of the threat of such a complaint, come, while the current thresholds within 60 days of bankruptcy are pre- to coerce debtors into giving up valu- would continue to apply to median and sumed to be fraudulent and thus non- able bankruptcy rights, typically by below-median income families. dischargeable. agreeing that all or part of the debt is Second, S. 625 adds a new exception S. 625 seeks to expand the cir- not discharged. to discharge for debt—a loan or credit cumstances under which such trans- Such threats are especially potent card debt—incurred to pay non- actions would be considered fraudulent against low-income debtors. That is dischargeable debt with the intent to in two ways: First, by lowering the why the safe harbor in my amendment discharge such debt in bankruptcy; it threshold amount that would trigger is necessary. These debtors often do also creates a presumption of the fraudulent presumption to $250 for not have lawyers, and they certainly nondischargeability for debts incurred consumer debts and $750 for cash ad- do not have the funds to pay hundreds to pay nondischargeable debt within 70 vances; and, second, by increasing the or even thousands of dollars to defend days prior to filing the bankruptcy pe- number of days prior to bankruptcy against creditor litigation. When a tition. My proposed amendment would during which debt incurred and cash creditor threatens to or actually files a retain the current state of the law as advances obtained would be presumed complaint alleging fraud, the debtor to debt incurred to pay nondischarge- fraudulent—to 90 days for consumer has to choose either to pay to defend able debt for median and below-median debts and to 70 days for cash advances. against the complaint (requiring a income families. Under this amendment, the new lump sum payment to an attorney of at Nothing in the amendment would threshold amounts of money and num- least several hundred dollars and usu- prevent a creditor with evidence of bers of days proposed in S. 625 would ally more) or to make a deal with the fraud from pursuing a case against a apply to debtors whose total monthly creditor (who will offer to take a reaf- low-income debtor. However, the cred- income is greater than the median firmation or settlement with ‘‘low itor would not be entitled to the ben- monthly income, but they would not monthly payments’’ of perhaps $50). efit of a presumption to make its case. apply to low-income debtors. Low-in- Most cash-strapped debtors will take And low-income debtors would not be come debtors do not have much money the ‘‘low monthly payment’’ option, forced to spend money they don’t have and, at times, need to charge certain often the only thing they can afford, to defend against an expanded pre- items or to take a cash advance to buy regardless of whether the creditor has sumption of their dishonesty. necessary goods, such as clothing. It is a good case. The filing of abusive dischargeability wrong—or so I believe—to assume This scenario is played out already, complaints is not a new phenomenon in these people acted fraudulently. They in the area of dischargeability litiga- bankruptcy law. It was the subject of acted of necessity—or I believe that is tion. Several courts have found prac- legislation when the Bankruptcy Code

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14607 was first passed in 1978. At that time, a The PRESIDING OFFICER. Without I oppose the amendment and yield strong attorney’s fee provision was objection, it is so ordered. the floor. added to the Code to deter such cred- Mr. GRASSLEY. Mr. President, I ask Mr. REID. Mr. President, to engage itor tactics. The House Judiciary Com- unanimous consent that tomorrow, im- my friend on the bill generally, we mittee report (95–595, p.131) found the mediately following the Wellstone have been working with the ranking problem prevalent at that time: amendment, there be a vote on the member of the Judiciary Committee, The threat of litigation over this exception Moynihan amendment, except for 4 Senator DASCHLE’s floor staff, and Sen- to discharge and its attendant costs are minutes in between to be evenly di- ator GRASSLEY and his staff during all often enough to induce the debtor to settle vided for the proponents and the oppo- or parts of the day. We are in a posi- for a reduced sum, in order to avoid the costs nents of the amendment. tion now where this bill can be com- of litigation. Thus, creditors with marginal The PRESIDING OFFICER. Is there pleted in a relatively short period of cases are usually able to have at least part of objection? time. We have worked with Members their claim excepted from discharge (or re- Mr. REID. Mr. President, reserving affirmed), even though the merits of the case on this side of the aisle, and with the are weak. the right to object, it is my under- cooperation of the manager of this bill standing that no amendments would be Unfortunately, in 1984 Congress there is a tentative agreement to ac- in order to the Moynihan amendment weakened the attorney’s fees provision cept about 10 amendments that the prior to the vote. and added, for the first time, a pre- Democrats have offered. They may Mr. GRASSLEY. That is right. want to change the amendments in sumption of fraud based on purchases Mr. REID. No objection. in the period immediately before bank- The PRESIDING OFFICER. Without some fashion. We have been able to ruptcy. Then the concerns of the House objection, it is so ordered. work on a finite number of hours that Judiciary Committee proved prescient. Mr. GRASSLEY. Mr. President, I would be left in those amendments, Creditors began filing fraud complaints know the Senator from New York is with the exception of one Senator. in large numbers, and courts have very sincere about the amendment he In short, for notice to the other found that most debtors settle those has proposed. I know he is cognizant of Members of the Senate, with a little complaints, regardless of how weak a discussion on a similar subject that bit of luck we can finish this bill rel- they are, rather than incur the expense we had on the amendment by the Sen- atively shortly. I hope the majority al- of litigation. ator from Connecticut last week. I lows Members to continue to work on The amendment before us is a very think in a good-faith effort he comes in this bill to complete it. modest one. It does not return to the with something that does not go quite Mr. GRASSLEY. Mr. President, re- law the strong attorney’s fee provision as far as Senator DODD’s amendment sponding to the Senator from Nevada enacted in 1978. It does not eliminate goes. But I still think, for the very and going back to his efforts of last the presumptions of fraud that were same reasons I expressed opposition to Wednesday before we adjourned for the added in 1984 and made more expansive the Dodd amendment last week, I must national Veterans Day holiday, I can in 1994. It does not even completely express opposition to the Moynihan say that on that day as well as other eliminate the additional presumptions amendment. periods of time over the weekend, and of fraud added by this bill, or the new In addition, I think perhaps by set- even as late as yesterday, between his exceptions to discharge. The only thing ting up one category for people who are efforts working with me and the efforts my amendment does is to make these in bankruptcy court who are below the of our respective staffs, I have found new presumptions of fraud inapplicable national average and allowing a cer- the Senator from Nevada very coopera- to families below median income— tain behavior on their part that you tive. As a result of his cooperation, those who would have the most dif- don’t for people above the national av- what we thought was an impossible ficulty affording a defense against un- erage of income sets up a double stand- amount of amendments to work our founded fraud complaints. ard that is not justified. way through to bring this bill to final- The amendment will not shelter any- I oppose this amendment for pretty ity has been dramatically reduced. The one who commits fraud. The current much the same reasons I opposed the Senator needs to be credited with that fraud provisions of the Bankruptcy Dodd amendment—that Congress needs extra effort. Code will continue to apply to them. to be very careful to fight against I encourage Members on my side of Those provisions already clearly deem fraud and abuse and to say no to fraud the aisle to reach agreement. There fraudulent any debt that is incurred and no to this financial abuse whenever may be one or two items that are above with no intent to pay it or with an in- we can. It seems to me it is a standard my pay grade, maybe even above the tent to discharge it in bankruptcy. My of ethic that is justified—being against pay grade of the Senator from Nevada, amendment merely requires that a fraud and abuse and treating it the that will have to be decided by leader- creditor produce meaningful evidence same wherever it might happen. ship, but except for those items, we are to establish fraud, rather than rely on One type of fraud and abuse involves making tremendous progress. I want to S. 625’s new presumption of fraud, at loading up on debt right before bank- work in that direction, and I assure the least in cases filed by low-income fami- ruptcy and then discharging that debt. Senator from Nevada of my efforts in lies who are most vulnerable to, and It doesn’t seem to me we need to allow that direction. least able to afford the expenses associ- that above the limits of our legislation. Mr. REID. Mr. President, I say to my ated with, creditor-initiated litigation. The bill before us now contains provi- friend from Iowa, we have made great PRIVILEGE OF THE FLOOR sions limiting the amount of debt in- progress. Originally, the bill had about Mr. MOYNIHAN. Mr. President, I ask curred to purchase luxury goods within 320 amendments. We are now down to unanimous consent that during the 90 days of declaring bankruptcy. no more than 15 amendments. Of those pendency of this amendment, Kathleen Senator MOYNIHAN’s amendment amendments, some can be negotiated. McGowan of my staff be allowed privi- would let people below the median in- There are some that will require votes. leges of the floor. come load up on more debt than higher As I indicated, there is only one Sen- The PRESIDING OFFICER. Without income people. This lets people at low ator, who has two amendments, who objection, it is so ordered. income levels get away with fraud and hasn’t agreed on time for those amend- Mr. MOYNIHAN. Mr. President, see- more fraud. I think this is not a very ments. Of course, if everyone is serious ing no other Senators seeking recogni- good idea. I respectfully oppose this about completing the bankruptcy bill, tion, I suggest the absence of a amendment with obvious good inten- going from 320 amendments to approxi- quorum. tions. I have never known Senator mately 15 amendments says it all. We The PRESIDING OFFICER. The MOYNIHAN to have anything but good should complete this bill. Significant clerk will call the roll. intentions, but this is one amendment progress has been made. The bill clerk proceeded to call the that could bring about very unfair re- I acknowledge there are a couple of roll. sults as we allow people at a lower in- issues that will be more difficult. How- Mr. GRASSLEY. Mr. President, I ask come get away with more fraud and ever, people on our side—even on those unanimous consent that the order for abuse than we would people with high- two amendments—have agreed to the quorum call be rescinded. er income. times. One Senator has agreed to a 30-

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14608 CONGRESSIONAL RECORD — SENATE November 16, 1999 minute time agreement; the other Sen- AMENDMENT NO. 2529 Mr. SPECTER. Mr. President, I seek ator has agreed to a 70-minute time On page 115, line 23, strike all through page recognition to discuss two important agreement. As contentious as these 117, line 20, and insert the following: provisions that were added to the two amendments might be, we recog- ‘‘(iv) copies of all payment advices or other evidence of payment, if any, received by the bankruptcy reform bill by unanimous nize we are in the minority. We are debtor from any employer of the debtor in consent. The first provides that bank- willing, in spite of our being in the mi- the period 60 days before the filing of the pe- ruptcy attorneys who represent debtors nority, to agree to a time limit to let tition; will be liable for paying certain attor- the will of this body work. We would ‘‘(v) a statement of the amount of pro- neys’ fees only if their own actions are agree to a way of disposing of those. jected monthly net income, itemized to show ‘‘frivolous’’—the bill had originally re- Two Senators feel very strongly that how the amount is calculated; and they deserve a vote on these two ‘‘(vi) a statement disclosing any reason- quired these attorneys to pay fees for amendments. ably anticipated increase in income or ex- merely losing the argument on a mo- Other than those two amendments, I penditures over the 12-month period fol- tion to remove a case from Chapter 7 to think we should be able to go through lowing the date of filing’’; and Chapter 13. The second of these provi- (2) by adding at the end the following: this bill at a relatively rapid rate. ‘‘(d)(1) At any time, a creditor, in the case sions empowers judges to waive the From all I have been able to determine, of an individual under chapter 7 or 13, may bankruptcy filing fee for individuals we are not going to be leaving here to- file with the court notice that the creditor who cannot afford to pay it, even in in- morrow anyway. We should try to com- requests the petition, schedules, and a state- stallments. I have fought for these two plete this bill if at all possible. It ment of affairs filed by the debtor in the case and the court shall make those documents provisions, together with Senator would be a shame if cloture were at- available to the creditor who request those FEINGOLD, since this bill first came be- tempted to be invoked on this bill, documents. fore the Senate Judiciary Committee after having gone from 320 amendments ‘‘(2)(A) At any time, a creditor in a case last Congress, and I believe their inclu- to a mere handful. I think that would under chapter 13 may file with the court no- sion in the bill is a significant im- leave a pretty good argument on the tice that the creditor requests the plan filed provement that will ensure sufficient side of the minority not to go along by the debtor in the case. ‘‘(B) The court shall make such plan avail- access to justice for all who seek relief with cloture. We have done everything able to the creditor who request such plan— we can to be reasonable. A few Sen- ‘‘(i) at a reasonable cost; and in our bankruptcy courts. ators desire to offer amendments. They ‘‘(ii) not later than 5 days after such re- As originally drafted, the bankruptcy should have the right to offer those quest. bill provided that if a debtor files in ‘‘(e) An individual debtor in a case under amendments. chapter 7, 11 or 13 shall file with the court at Chapter 7, and a bankruptcy trustee I have appreciated the cooperation of the request of any party in interest— prevails on a motion to remove the the Senator from Iowa, the manager of ‘‘(1) at the time filed with the taxing au- debtor to Chapter 13 because the debtor this bill, and his staff. They have been thority, all tax returns required under appli- is found to have the ability to pay at very easy to work with and very under- cable law, including any schedules or attach- least 25% of his debts, then the debtor’s standing of what we have been trying ments, with respect to the period from the attorney must pay the reasonable costs to accomplish. commencement of the case until such time I suggest the absence of a quorum. as the case is closed; and attorneys’ fees incurred by the The PRESIDING OFFICER (Mr. ‘‘(2) at the time filed with the taxing au- trustee in filing and arguing the re- SMITH of Oregon). The clerk will call thority, all tax returns required under appli- moval motion. the roll. cable law, including any schedules or attach- This was an inappropriate provision. The legislative clerk proceeded to ments, that were not filed with the taxing authority when the schedules under sub- We would have had attorneys being pe- call the roll. nalized not because they were bad ac- Mr. GRASSLEY. Mr. President, I ask section (a)(1) were filed with respect to the unanimous consent that the order for period that is 3 years before the order of re- tors, but because they engaged in zeal- lief; ous advocacy on behalf of clients and the quorum call be rescinded. ‘‘(3) any amendments to any of the tax re- The PRESIDING OFFICER. Without happened to lose the argument. This turns, including schedules or attachments, would have had an enormous chilling objection, it is so ordered. described in paragraph (1) or (2); and’’ Mr. GRASSLEY. Mr. President, I add At the appropriate place, insert the fol- effect on debtors’ attorneys. In all to what the Senator from Nevada has lowing: cases where the outcome was less than said about bringing this bill, hopefully, ‘‘In the case of an individual under chapter certain, lawyers would have been in- to finality within just the last few days 7, the court shall not grant a discharge un- less requested tax documents have been pro- clined to file their clients in Chapter of this session, and I remind everybody vided to the court. In the case of an indi- 13, even if they truly believe that the that should be possible because of the vidual under chapter 11 or 13, the court shall clients belong in Chapter 7, in order to bipartisan cooperation we had in draw- not confirm a plan of reorganization unless avoid the penalty. ing up the bill that brought the Senate requested tax documents have been filed to this point, as well as the fact that with the court.’’ When the bill came before the Senate similar legislation passed last year on Judiciary Committee last Congress, I AMENDMENT NO. 2478 offered an amendment together with a vote of 97–1, I believe. (Purpose: To provide for exclusive jurisdic- I ask unanimous consent to lay the tion in Federal court for matters involving Senator FEINGOLD to provide that the pending Moynihan amendment aside. bankruptcy professional persons) debtors’ attorneys should pay these The PRESIDING OFFICER. Without On page 124, insert between lines 14 and 15 fees only if their actions in filing in objection, it is so ordered. the following: Chapter 7 were ‘‘frivolous.’’ Our amend- AMENDMENTS NOS. 2529 AND 2478, AS MODIFIED SEC. 322. EXCLUSIVE JURISDICTION IN MATTERS ment was defeated by a roll call vote of Mr. GRASSLEY. I ask unanimous INVOLVING BANKRUPTCY PROFES- 9–9. We then offered our amendment on consent to modify amendments 2529 SIONALS. Section 1334 of title 28, United States Code, the Senate floor, where it was tabled and 2478, and I send the modifications is amended— by a vote of 57–42. to the desk. (1) in subsection (b) by striking ‘‘Notwith- The PRESIDING OFFICER. The standing’’ and inserting ‘‘Except as provided As the result of our efforts last Con- clerk will report. in subsection (e)(2), and notwithstanding’’; gress, the attorneys’ fees standard was The Senator from Iowa [Mr. GRASSLEY], for and improved when the bill was re-intro- Mr. THURMOND, proposes an amendment No. (2) amending subsection (e) to read as fol- duced this Congress. The current 2478, as modified. lows: version of the bill provides that law- Mr. GRASSLEY. These amendments ‘‘(e) The district court in which a case have been cleared by both sides. I ask under title 11 is commenced or is pending yers must pay these fees only if their unanimous consent they be agreed to shall have exclusive jurisdiction— actions in filing in Chapter 7 were not en bloc and the motion to reconsider be ‘‘(1) of all the property, wherever located, ‘‘substantially justified.’’ Still, I be- of the debtor as of the commencement of laid upon the table. lieve that this standard is too broad such case, and of property of the estate; and and will still chill attorneys from zeal- The PRESIDING OFFICER. Without ‘‘(2) over all claims or causes of action that objection, it is so ordered. involve construction of section 327 of title 11, ous advocacy. As in every other area of The amendments (Nos. 2529 and 2478), United States Code, or rules relating to dis- the law, lawyers must be punished only as modified, were agreed to, as follows: closure requirements under section 327. if their actions are ‘‘frivolous’’ or in

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14609 bad faith. I am glad that this is the Mr. GRASSLEY. Mr. President, I ask ropolitan Police, crime is down in this standard that is now in the bill. unanimous consent that the order for city today, especially those offenses as- A second problem with the bank- the quorum call be rescinded. sociated with the crack trade. This ruptcy bill as originally drafted was The PRESIDING OFFICER. Without program was so successful in the Dis- that it did not permit bankruptcy objection, it is so ordered. trict of Columbia, it was adapted as a judges to waive the bankruptcy filing f tactic for reducing violent crime in other cities and there are currently fee for indigent individuals. Individuals ROBERT M. BRYANT, DEPUTY DI- who petition for Chapter 7 bankruptcy more than 160 taskforces in operation RECTOR, FEDERAL BUREAU OF throughout the United States making must pay a filing fee of approximately INVESTIGATION $175. There are many individuals who streets safe again. are so indigent by time they decide to Mr. THURMOND. Mr. President, the Those familiar with the FBI will tell seek the relief of bankruptcy, however, Federal Bureau of Investigation is per- you that service as the Special Agent that they cannot even afford this rel- haps the most renown and respected in Charge of the Washington Field Of- atively small fee. As a result, some in- law enforcement agency in the world. fice is an indication that someone is on dividuals are actually too poor to go Though the FBI is famous for its lab- their way to assuming one of the senior positions within the leadership of the bankrupt. This is an absurd result. In oratories, embracing new crime fight- Bureau, and in 1993, SAC Bryant was such limited cases, we must empower a ing techniques, and ability to ‘‘get its tapped for the very critical post of As- judge to decide that the filing fee can man’’, the real secret and heart of this sistant Director of the National Secu- waived. organization’s success has always been its people—-the capable, courageous, rity Division. This segment of the Bu- Many individuals opposed to waiving reau is responsible for battling the con- the filing fee have argued that doing so and conscientious men and women who serve as Special Agents. Today, I rise siderable threats to national security would open the door to an enormous in- from both outside and within the bor- crease in the number of individuals to pay tribute to an individual who has given much to the FBI and the nation, ders of the United States. During his taking advantage of the bankruptcy tenure of the head of the National Se- system. The idea is that ‘‘free’’ bank- Robert M. ‘‘Bear’’ Bryant, who will re- tire from his position as the Deputy Di- curity Division, Mr. Bryant was re- ruptcies will lead to a bankruptcy bo- sponsible for supervising and directing nanza. rector of the Federal Bureau of Inves- tigation on November 30th. investigations that represented some of Unfortunately, these individuals Bear Bryant’s career as a Special the most serious acts of espionage, have failed to look at the record. In the Agent began in 1968, when he hit the treason, and terrorism that law en- appropriations bill for FY ‘94, Congress foggy and mean streets of Seattle, forcement has had to deal with in re- authorized a pilot in forma pauperis Washington, a distinctly different envi- cent years including, the Oklahoma program in six federal judicial dis- ronment than his native Missouri. The City bombing, the bombing of the Al- tricts, including Eastern District of Khobar Towers in Saudi Arabia, as well atmosphere in Seattle, and across the Pennsylvania, for three years. These as the espionage cases of Aldrich Ames, nation, was combustible and there was pilots demonstrated that the program Earl Edwin Pitts, and Harold Nichol- just the right amount of tension to worked as intended, and did not signifi- son. spur extensive criminal and violent ac- cantly change the number or nature of Two-years-ago, Director Louis Freeh tivities. Without question, it was a bankruptcy filings. needed a new Deputy Director and busy and dangerous time to be making In the six pilot districts, waivers given his considerable experience as an one’s living as a lawman, and it was in investigator, supervisor, and adminis- were requested in only 3.4% of all non- such an environment that Special business Chapter 7 cases, and waivers trator, it came to no one’s surprise Agent Bryant cut his teeth in law en- that it was Bear Bryant who took the were granted in only 2.9% of all non- forcement and made a lifelong commit- business Chapter 7 cases. This number co-pilot’s chair. The position of Deputy ment to the Bureau. Director is one of great responsibility was small enough that it did not lead Though he certainly had no inkling to a significant increase in the number and importance, for it is this person as a young Special Agent that his ca- who runs the day-to-day operations of of overall Chapter 7 filings or a signifi- reer would take him to the most senior cant loss in revenue to the courts. the Bureau and its 28,000 agents and levels of the FBI, Robert Bryant would support personnel. In addition to assur- When the bankruptcy bill was before spend three decades criss-crossing the the Senate Judiciary Committee last ing the smooth running of this global United States as his career moved pro- agency that is always on duty, Deputy Congress, I offered an amendment to gressively forward and up the FBI permit the waiver of filing fees to- Director Bryant was also tasked with chain of command. Subsequent assign- drafting the Bureau’s strategic plan for gether with Senator FEINGOLD. Our ments to Dallas, Headquarters in the next five years, a document which amendment was defeated in Committee Washington, Salt Lake City, and Kan- by a vote of 9–9. When we introduced has been described as a ‘‘sea change’’ in sas City, as well as promotions to Su- FBI policy for it included a major reas- our amendment on the floor of the Sen- pervisor, Permanent Inspector, and sessment of how resources are allo- ate, however, the motion to table the Special Agent in Charge, all helped to cated and how the Bureau is going to amendment was rejected by a vote of prepare Bear for his ultimately taking do its job. 47–52, and the amendment was accepted the second-in-command slot in the Bu- Robert ‘‘Bear’’ Bryant has had a ca- into the bill. I am glad that this Con- reau. reer of impressive achievement and un- gress our waiver provision has been in- Surely one of the most rewarding as- flagging service. Through his work, he cluded without the necessity of a vote. signments Bear had during his career has taken criminals, spies, and terror- Taken together, these two provisions was the time he spent as Special Agent ists off of our streets and put them into ensure that all who are in need will in Charge of the Washington Field Of- the prison cells where they belong, and have access to our bankruptcy courts fice. When he took that job in 1991, the in the process, he has helped to keep and will enjoy the benefits of zealous Capital was a violent city as a result of the United States and its citizens safe. advocacy on their behalf that is the ‘‘crack wars’’ that were breaking out After more than thirty-years since cornerstone of our legal system. They in urban areas from coast to coast. As raising his right hand and taking the are valuable improvements, and I com- the Special Agent in Charge of the oath as a Special Agent, Deputy Direc- mend Senators GRASSLEY, LEAHY, Washington Field Office, Bear Bryant tor Bryant has decided to retire from TORRICELLI and FEINGOLD for their in- was responsible for establishing the the Federal Bureau of Investigation. clusion in the bill. ‘‘Bureau Safe Streets’’ program, which We are grateful for his diligent service, Mr. GRASSLEY. I suggest the ab- directed significant FBI resources to- and I am sure that all my colleagues sence of a quorum. ward combating street-level organized would join me in wishing Mr. Bryant, The PRESIDING OFFICER. The crime. The success of Mr. Bryant’s ef- his wife of 33-years, Beth, and their clerk will call the roll. forts and leadership are evident. three children Barbara, Dan, and Matt, The legislative clerk proceeded to Thanks to his efforts, in conjunction happiness, health, and success in all call the roll. with other agencies including the Met- their future endeavors.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14610 CONGRESSIONAL RECORD — SENATE November 16, 1999 REFUGEE PROTECTION ACT OF 1501. This bill has the opportunity to lion) which reflects a debt increase of 1999 improve safety for drivers and truck- more than $5 trillion— Mr. JEFFORDS. Mr. President, I rise ers. $5,205,006,332,009.22 (Five trillion, two today to recognize the importance of S. 1501 would make the Office of hundred five billion, six million, three the Refugee Protection Act of 1999 and Motor Carrier a separate office within hundred thirty-two thousand, nine dol- to honor those most affected by this the Department of Transportation lars and twenty-two cents) during the legislation. (DOT), as opposed to being within the past 25 years. The Refugee Protection Act of 1999 Federal Highway Administration as it f is now. This action will allow Congress will continue a tradition that is as old MESSAGES FROM THE PRESIDENT as the United States itself. Our great to statutorily mandate safety as the main focus of the office. Additionally, Messages from the President of the country was founded by men and United States were communicated to women who left their homeland for a it promotes enforcement as a main goal and provides some teeth to this the Senate by Mr. Williams, one of his better life in the new world. Many of secretaries. these individuals escaped persecution new agency’s punitive actions. However, there are some areas within EXECUTIVE MESSAGES REFERRED in their home countries, made the dif- As in executive session the Presiding ficult decision to leave what they knew the legislation that I believe need at- tention as we work to form a final bill. Officer laid before the Senate messages behind and to take their chances in a from the President of the United new country where many did not know For example, I believe that a conflict of interest provision should be in- States submitting sundry nominations the language and customs or have which were referred to the appropriate friends or family. The Refugee Protec- cluded. Without such a provision, the new agency could continue to award committees. tion Act helps to continue this tradi- (The nominations received today are tion by ensuring that those who seek contracts to the very industry that op- erates under the federal motor carrier printed at the end of the Senate pro- entrance to the United States as refu- ceedings.) safety regulations the new agency will gees are given fair consideration and f due process. administer. An unbiased, multifaceted The Refugee Protection Act of 1999 panel would be a better option to con- PERIODIC REPORT ON THE NA- would reinstate important protections duct sensitive research with federal TIONAL EMERGENCY WITH RE- against the deportation and refusal of money. SPECT TO IRAN AND IRANIAN refugees and asylum seekers who enter In fact, the DOT’s Inspector General ASSETS BLOCKING—MESSAGE the United States from countries in (IG) released a report to Congress that FROM THE PRESIDENT—PM 74 which they face danger and persecu- cites the too close relationship between The PRESIDING OFFICER laid be- tion, whether it is due to ethnic, reli- the industry and the regulators who fore the Senate the following message gious or political beliefs. Over the past oversee it: from the President of the United few years Vermont has seen an in- [A collaborative, educational, partnership- States, together with an accompanying crease in the number of refugees who with industry] is a good approach for motor report; which was referred to the Com- have come to live in our great state. carriers that have safety as a top priority, mittee on Banking, Housing, and but it has gone too far. It does not work ef- These refugees are well served by a fectively with firms that persist in violating Urban Affairs. number of agencies in Vermont which safety rules and do not promptly take sus- To the Congress of the United States: provide them help and promote their tained corrective action. As required by section 401(c) of the interests, including the Vermont Ref- I believe this finding supports the in- National Emergencies Act, 50 U.S.C. ugee Resettlement Program, the Ti- clusion of conflict of interest standards 1641(c) of the International Emergency betan Resettlement Project, the Ti- in the final bill. Economic Powers Act (IEEPA), 50 betan Association of Vermont and S. 1501 does a great deal to improve U.S.C. 1703(c), I transmit herewith a 6- Vermont Refugee Assistance. The Ref- motor carrier safety in this country, month periodic report on the national ugee Protection Act of 1999 will con- but we can do more. I hope that the emergency with respect to Iran that tinue the example set in the state of conferees on this bill will give strong was declared in Executive Order 12170 Vermont, by welcoming refugees to our consideration to including a conflict of of November 14, 1979. country and ensuring that all are given interest provision in the final bill. WILLIAM J. CLINTON. the full extent of protection they de- THE WHITE HOUSE, November 16, 1999. serve. f THE VERY BAD DEBT BOXSCORE f f Mr. HELMS. Mr. President, at the 20TH ANNUAL REPORT OF THE MOTOR CARRIER SAFETY close of business Monday, November 15, FEDERAL LABOR RELATIONS AU- IMPROVEMENT ACT OF 1999 1999, the federal debt stood at THORITY—MESSAGE FROM THE Mr. CLELAND. Mr. President, I rise $5,686,436,332,009.22 (Five trillion, six PRESIDENT—PM 75 today to discuss S. 1501, the Motor Car- hundred eighty-six billion, four hun- The PRESIDING OFFICER laid be- rier Safety Improvement Act of 1999. dred thirty-six million, three hundred fore the Senate the following message During the Commerce Committee’s thirty-two thousand, nine dollars and from the President of the United Subcommittee on Surface Transpor- twenty-two cents). States, together with an accompanying tation hearing on this bill, I brought Five years ago, November 15, 1994, report; which was referred to the Com- the attention of the entire room to a the federal debt stood at mittee on Governmental Affairs. deadly tractor trailer accident that oc- $4,747,133,000,000 (Four trillion, seven To the Congress of the United States: curred in Atlanta in the early morning hundred forty-seven billion, one hun- In accordance with section 701 of the hours of August 31, 1999. Two lives were dred thirty-three million). Civil Service Reform Act of 1978 (Pub- lost as a result of that accident, but if Ten years ago, November 15, 1989, the lic Law 95–454; 5 U.S.C. 7104(e)), I have the incident would have occurred at a federal debt stood at $2,916,316,000,000 the pleasure of transmitting to you the busier time of day, I shudder to think (Two trillion, nine hundred sixteen bil- twentieth Annual Report of the Fed- of the fatalities that could have re- lion, three hundred sixteen million). eral Labor Relations Authority for Fis- sulted. Fifteen years ago, November 15, 1984, cal Year 1998. In 1998, 221 people were killed in the federal debt stood at The report includes information on Georgia as a result of truck related $1,626,849,000,000 (One trillion, six hun- the cases heard and decisions rendered crashes, and thousands more were in- dred twenty-six billion, eight hundred by the Federal Labor Relations Au- jured. Recently, I met with two people forty-nine million). thority, the General Counsel of the Au- who lost their families in truck related Twenty-five years ago, November 15, thority, and the Federal Service Im- accidents. These stories are ones which 1974, the federal debt stood at passes Panel. I hope will become less frequent as a $481,430,000,000 (Four hundred eighty- WILLIAM J. CLINTON. result of the action we are taking in S. one billion, four hundred thirty mil- THE WHITE HOUSE, November 16, 1999.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14611 1999 ANNUAL REPORT OF THE ENROLLED BILLS SIGNED amount of $50,000,000 or more to the Gulf Co- RAILROAD RETIREMENT The message also announced that the operation Council; to the Committee on For- BOARD—MESSAGE FROM THE Speaker has signed the following en- eign Relations. PRESIDENT—PM 76 rolled bills: EC–6166. A communication from the Execu- H.R. 2454. An act to assure the long-term tive Director, Committee for Purchase from The PRESIDING OFFICER laid be- People who are Blind or Severely Disabled, fore the Senate the following message conservation of mid-continent light geese and the biological diversity of the ecosystem transmitting, pursuant to law, the report of from the President of the United upon which many North American migratory a rule relative to additions to the Procure- States, together with an accompanying birds depend, by directing the Secretary of ment List, received November 9, 1999; to the report; which was referred to the Com- the Interior to implement rules to reduce the Committee on Governmental Affairs. mittee on Health, Education, Labor, overabundant population of mid-continent EC–6167. A communication from the Chair- and Pensions. light geese. man, Broadcasting Board of Governors, H.R. 2724. An act to make technical correc- transmitting, pursuant to law, a report rel- To the Congress of the United States: tions to the Water Resources Development ative to its commercial activities inventory; I transmit herewith the Annual Re- Act of 1999. to the Committee on Governmental Affairs. port of the Railroad Retirement Board The enrolled bills were signed subse- EC–6168. A communication from the Direc- for Fiscal Year 1998, pursuant to the quently by the President pro tempore tor, National Science Foundation, transmit- ting, pursuant to law, a report relative to its provisions of section 7(b)(6) of the Rail- (Mr. THURMOND). road Retirement Act and section 12(1) commercial activities inventory; to the f of the Railroad Unemployment Insur- Committee on Governmental Affairs. ance Act. EXECUTIVE AND OTHER EC–6169. A communication from the In- WILLIAM J. CLINTON. COMMUNICATIONS spector General, National Aeronautics and Space Administration, transmitting, pursu- THE WHITE HOUSE, November 16, 1999. The following communications were ant to law, a report relative to its commer- f laid before the Senate, together with cial activities inventory; to the Committee accompanying papers, reports, and doc- on Governmental Affairs. MESSAGE FROM THE HOUSE uments, which were referred as indi- EC–6170. A communication from the In- At 10:05 a message from the House of cated: spector General, Federal Communications Representatives, delivered by Ms. EC–6159. A communication from the Sec- Commission, transmitting, pursuant to law, Niland, one of its reading clerks, an- retary of Defense, transmitting, pursuant to a report relative to its commercial activities nounced that the House agrees to the law, a report relative to medical and dental inventory; to the Committee on Govern- amendment of the Senate to the bill care for members of the Reserve components; mental Affairs. (H.R. 2724) to make technical correc- to the Committee on Armed Services. EC–6171. A communication from the Execu- EC–6160. A communication from the Assist- tions to the Water Resources Develop- tive Director for Operations, Nuclear Regu- ant Secretary, Legislative Affairs, Depart- latory Commission, transmitting, pursuant ment Act of 1999. ment of State, transmitting, pursuant to the to law, a report relative to its commercial The message also announced that the Arms Export Control Act, a report relative activities inventory; to the Committee on House agrees to the amendments of the to certification of a proposed Manufacturing Governmental Affairs. Senate to the bill (H.R. 2454) to assure License Agreement with Canada; to the Com- EC–6172. A communication from the Ad- the long-term conservation of mid-con- mittee on Foreign Relations. ministrator, Small Business Administration, tinent light geese and the biological di- EC–6161. A communication from the Assist- transmitting, pursuant to law, a report rel- versity of the ecosystem upon which ant Secretary, Legislative Affairs, Depart- ative to its commercial activities inventory; ment of State, transmitting, pursuant to the to the Committee on Governmental Affairs. many North American migratory birds Arms Export Control Act, a report relative depend, by directing the Secretary of to certification of a proposed license for the EC–6173. A communication from the Chair- the Interior to implement rules to re- export of defense articles or defense services man, Appraisal Subcommittee, Federal Fi- duce the overabundant population of sold commercially under a contract in the nancial Institutions Examination Council, mid-continent light geese. amount of $50,000,000 or more to Canada; to transmitting, pursuant to the Federal Man- the Committee on Foreign Relations. ager’s Financial Integrity Act and the In- The message further announced that spector General Act, the annual report for the House has passed the following bill, EC–6162. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- fiscal year 1998; to the Committee on Gov- with amendment, in which it requests ment of State, transmitting, pursuant to the ernmental Affairs. the concurrence of the Senate: Arms Export Control Act, a report relative EC–6174. A communication from the Sec- S. 376. An act to amend the Communica- to certification of a proposed license for the retary, American Battle Monuments Com- tions Satellite Act of 1962 to promote com- export of defense articles or defense services mission, transmitting, pursuant to the Fed- petition and privatization in satellite com- sold commercially under a contract in the eral Manager’s Financial Integrity Act and munications, and for other purposes. amount of $50,000,000 or more to Norway, the Inspector General Act, the annual report The message also announced that the Ukraine, Russia, and the United Kingdom; to for fiscal year 1999; to the Committee on House has passed the following bills, in the Committee on Foreign Relations. Governmental Affairs. EC–6163. A communication from the Assist- EC–6175. A communication from the Execu- which it requests the concurrence of ant Secretary, Legislative Affairs, Depart- the Senate: tive Director, Office of Navajo and Hopi In- ment of State, transmitting, pursuant to the dian Relocation, transmitting, pursuant to H.R. 1869. An act to amend title 18, United Arms Export Control Act, a report relative the Federal Manager’s Financial Integrity States Code, to expand the prohibition on to certification of a proposed license for the Act and the Inspector General Act, the an- stalking, and for other purposes. export of defense articles or defense services nual report for fiscal year 1999; to the Com- H.R. 2442. An act to provide for the prepa- sold commercially under a contract in the mittee on Governmental Affairs. ration of a Government report detailing in- amount of $50,000,000 or more to the Nether- EC–6176. A communication from the Execu- justices suffered by Italian Americans during lands; to the Committee on Foreign Rela- tive Director, Federal Retirement Thrift In- World War II, and a formal acknowledgment tions. vestment Board, transmitting, pursuant to of such injustices by the President. EC–6164. A communication from the Assist- law, a report relative to audit reports issued H.R. 3073. An act to amend part A of title ant Secretary, Legislative Affairs, Depart- during fiscal year 1999 regarding the Board IV of the Social Security Act to provide for ment of State, transmitting, pursuant to the and the Thrift Savings Plan; to the Com- grants for projects designed to promote re- Arms Export Control Act, a report relative mittee on Governmental Affairs. sponsible fatherhood, and for other purposes. to certification of a proposed license for the H.R. 3234. An act to exempt certain reports export of defense articles or defense services EC–6177. A communication from the Chair- from automatic elimination and sunset pur- sold commercially under a contract in the man, United States International Trade suant to the Federal Reports and Elimi- amount of $50,000,000 or more to the United Commission, transmitting, pursuant to law, nation and Sunset Act of 1995. Kingdom; to the Committee on Foreign Rela- the report of the Office of Inspector General tions. for the period April 1, 1999, through Sep- The message also announced that the tember 30, 1999; to the Committee on Govern- House has agreed to the following con- EC–6165. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- mental Affairs. current resolution, in which it requests ment of State, transmitting, pursuant to the EC–6178. A communication from the Chair- the concurrence of the Senate: Arms Export Control Act, a report relative man and Chief Executive Officer, Federal H. Con. Res. 122. Concurrent resolution rec- to certification of a proposed license for the Credit Administration, transmitting, pursu- ognizing the United States Border Patrol’s 75 export of defense articles or defense services ant to law, the report of the Office of Inspec- years of service since its founding. sold commercially under a contract in the tor General for the period April 1, 1999,

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14612 CONGRESSIONAL RECORD — SENATE November 16, 1999 through September 30, 1999; to the Com- the RECORDS of October 12, 1999 and Oc- and extend such Act; to the Committee on mittee on Governmental Affairs. tober 27, 1999, at the end of the Senate Indian Affairs. EC–6179. A communication from the Assist- proceedings.) By Mr. GRAMS: ant Attorney General for Administration, S. 1930. A bill to amend the Agricultural In the Coast Guard, 1 nomination of Rich- transmitting, pursuant to law, the report of Adjustment Act to provide for the termi- ard B. Gaines, which was received by the a rule entitled ‘‘Exemption of the System of nation of milk marketing orders; to the Senate and appeared in the CONGRESSIONAL Records Under the Privacy Act’’ (AAG/A Committee on Agriculture, Nutrition, and RECORD of October 12, 1999. Order No. 180-99), received November 9, 1999; In the Coast Guard, 96 nominations begin- Forestry. to the Committee on Governmental Affairs. ning Peter K. Oittinen, and ending Joseph P. By Mr. HATCH (for himself and Mr. EC–6180. A communication from the Sec- Sargent, Jr., which nominations were re- LEAHY): retary of the Army, and the Secretary of Ag- ceived by the Senate and appeared in the S. 1931. A bill to provide a more just and riculture, transmitting jointly, pursuant to CONGRESSIONAL RECORD of October 27, 1999. uniform procedure for Federal civil forfeit- law, a report relative to the jurisdiction of ures, and for other purposes; to the Com- Military and National Forest System lands f mittee on the Judiciary. at the Army’s Fort Hunter Liggett Military INTRODUCTION OF BILLS AND By Mr. JEFFORDS: Reservation, California, and the USDA’s For- JOINT RESOLUTIONS S. 1932. A bill to amend the Ricky Ray He- est Service Toiyabe National Forest in Min- mophilia Relief Fund Act of 1998 to revise eral County, Nevada; to the Committee on The following bills and joint resolu- and extend certain provisions; to the Com- Energy and Natural Resources. tions were introduced, read the first mittee on Health, Education, Labor, and f and second time by unanimous con- Pensions. sent, and referred as indicated: By Mr. THOMPSON: PETITIONS AND MEMORIALS By Mr. CAMPBELL: S. 1933. A bill to amend the Internal Rev- The following petitions and memo- S. 1921. A bill to authorize the placement enue Code of 1986 to permit the consolidation rials were laid before the Senate and within the site of the Vietnam Veterans Me- of life insurance companies with other com- panies; to the Committee on Finance. were referred or ordered to lie on the morial of a plaque to honor Vietnam vet- erans who died after their service in the By Mr. DODD (for himself and Mr. BEN- table as indicated: Vietnam war, but as a direct result of that NETT): POM–371. A resolution adopted by the service; to the Committee on Energy and S. 1934. A bill to amend the Internal Rev- board of directors of the Texas and South- Natural Resources. enue Code of 1986 to allow a tax credit for western Cattle Raisers Association relative By Mr. KERREY (for himself and Mr. business-provided student education and to invasive species; to the Committee on En- GRASSLEY): training; to the Committee on Finance. vironment and Public Works. S. 1922. A bill to amend the Internal Rev- By Mr. HARKIN (for himself and Mr. f enue Code of 1986 to provide a tax credit for SPECTER): modifications to inter-city buses required S. 1935. A bill to amend title XIX of the So- REPORTS OF COMMITTEES under the Americans with Disabilities Act of cial Security Act to provide for coverage of The following reports of committees 1990; to the Committee on Finance. community attendant services and supports were submitted: By Mr. BROWNBACK: under the Medicaid Program; to the Com- S. 1923. A bill to prohibit the Federal Com- mittee on Finance. By Mr. ROTH, from the Committee on Fi- munications Commission from applying By Mr. WYDEN (for himself and Mr. nance, without amendment: spectrum aggregation limits to spectrum as- SMITH of Oregon): S. 1928. A bill to amend title XVIII of the signed by auction after 1999; to the Com- S. 1936. A bill to authorize the Secretary of Social Security Act to establish a medicare mittee on Commerce, Science, and Transpor- Agriculture to sell or exchange all or part of subvention demonstration project for vet- tation. certain administrative sites and other Na- erans, and for other purposes (Rept. No. 106– By Mr. LEAHY (for himself, Mr. tional Forest System land in the State of Or- 222). BRYAN, Mr. HARKIN, Mr. DURBIN, Mr. egon and use the proceeds derived from the By Mr. HATCH, from the Committee on FEINGOLD, and Mr. ROBB): sale or exchange for National Forest System the Judiciary, with amendments and an S. 1924. A bill to ensure personal privacy purposes; to the Committee on Energy and amendment to the title and with a preamble: with respect to financial information, to pro- Natural Resources. S. Res. 200. A resolution designating the vide customers notice and choice about how f week of February 14–20 as ‘‘National Bio- their financial institutions share or sell technology Week.’’ their personally identifiable sensitive finan- STATEMENTS ON INTRODUCED f cial information, to provide for strong en- BILLS AND JOINT RESOLUTIONS forcement of these rights, and to protect EXECUTIVE REPORTS OF States’ rights; to the Committee on Bank- By Mr. CAMPBELL: COMMITTEE ing, Housing, and Urban Affairs. S. 1921. A bill to authorize the place- The following executive reports of By Mrs. FEINSTEIN (for herself, Mr. ment within the site of the Vietnam committees were submitted: REID, Mrs. BOXER, and Mr. BRYAN): Veterans Memorial of a plaque to S. 1925. A bill to promote environmental honor Vietnam veterans who died after By Mr. MCCAIN for the Committee on restoration around the Lake Tahoe basin; to Commerce, Science, and Transportation: their service in the Vietnam war, but the Committee on Energy and Natural Re- as a direct result of that service; to the Linda J. Bilmes, of California, to be an As- sources. sistant Secretary of Commerce. By Mrs. MURRAY: Committee on Energy and Natural Re- Linda J. Bilmes, of California, to be Chief S. 1926. A bill to amend the Elementary sources. Financial Officer, Department of Commerce. and Secondary Education Act of 1965 to im- THE VIETNAM VETERANS RECOGNITION ACT OF (The above nominations were re- prove student achievement by helping local 1999 ported with the recommendation that educational agencies improve the quality of, Mr. CAMPBELL. Mr. President, they be confirmed, subject to the nomi- and technology training for, teachers, to im- today I am introducing legislation prove teacher accountability, and to enhance nees’ commitment to respond to re- the leadership skills of principals; to the which would create a plaque honoring quests to appear and testify before any Committee on Health, Education, Labor, and those Vietnam veterans who died as a duly constituted committee of the Sen- Pensions. result of the war but who are not eligi- ate.) By Mr. BREAUX: ble to have their names placed on the Mr. MCCAIN. Mr. President, for the S. 1927. A bill to establish the National Re- Vietnam Veterans Memorial. The Committee on Commerce, Science, and cording Registry in the Library of Congress ‘‘Vietnam Veterans Recognition Act of Transportation, I report favorably to maintain and preserve recordings that are 1999’’ would authorize the placement of cultrally, historically, or aesthetically sig- nomination lists which were printed in nificant, and for other purposes; to the Com- a plaque within the sight of the Viet- the RECORDS of the dates indicated, and mittee on Rules and Administration. nam Veterans Memorial to honor those ask unanimous consent, to save the ex- By Mr. ROTH: Vietnam veterans who died after their pense of reprinting on the Executive S. 1928. A bill to amend title XVIII of the service in the Vietnam War, but as a Calendar, that these nominations lie at Social Security Act to establish a medicare direct result of that service. This bill is the Secretary’s desk for the informa- subvention demonstration project for vet- similar to H.R. 3293, which was intro- tion of Senators. erans, and for other purposes; from the Com- duced by my colleague in the House of mittee on Finance; placed on the calendar. The PRESIDING OFFICER. Without Representatives, Congressman GALLE- By Mr. INOUYE (for himself and Mr. objection, it is so ordered. AKAKA): GLY. (The nominations ordered to lie on S. 1929. A bill to amend the Native Hawai- Deadly war wounds do not always the Secretary’s desk were printed in ian Health Care Improvement Act to revise kill right away. Sometimes these fatal

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14613 war wounds may linger on for many ‘‘(1) who died after their service in the parable requirements are being im- years after the fighting is done. Some- Vietnam war, but as a direct result of that posed on over the road buses providing times these wounds are clearly evident service; and charter service. This largely unfunded from the time they are inflicted, some- ‘‘(2) whose names are not otherwise eligible mandate is estimated to cost the indus- for placement on the Vietnam Veterans Me- times they are not. The terrible toll morial wall. try $25 million a year in acquisition that Agent Orange has taken on our ‘‘(b) SPECIFICATIONS.—The plaque shall be and training costs alone. In some Vietnam veterans stands as one stark at least 6 square feet in size and not larger years, that $25 million figure is ex- example. What we do know is that all than 18 square feet in size, and of whatever pected to exceed the entire profit for too often these war wounds eventually shape as the American American Battle the industry. take the lives of many of our brave Monuments Commission determines to be DOT’s new requirement serves the Vietnam veterans. appropriate for the site. The plaque shall important public purpose of ensuring Even though these veterans may not bear an inscription prepared by the Amer- that disabled persons in wheelchairs ican Battle Monuments Commission. will have access to over-the-road buses. have been killed in action while they ‘‘(c) RELATION TO COMMEMORATIVE WORKS served in the tropical jungles of Viet- ACT.—Except as provided in subsection (a), Yet the cost of this requirement poses nam, in the end they too made the ulti- the Commemorative Works Act (40 U.S.C. a significant threat to the continu- mate sacrifice for their country. Like 1001 et seq.) shall apply to the design and ation of this service for millions of their brothers and sisters who died on placement of the plaque within the site of rural and low-income Americans. Over- the field of battle, they too deserve to the Vietnam Veterans Memorial. the-road buses serve roughly 4,000 com- ‘‘(d) CONSULTATION.—In designing the be duly recognized and honored. munities that have no other form of plaque, preparing the inscription, and select- intercity public transportation. Addi- Mr. President, duly honoring the men ing the specific location for the plaque with- and women who made the ultimate sac- in the Vietnam Veterans Memorial, the tionally, with an average fare of $34, rifice for our country should always be American Battle Monuments Commission they are the only form of affordable a priority. Unfortunately, the service shall consult with the architects of the Viet- transportation available for millions of and sacrifices made by some Vietnam nam Veterans Memorial Fund, Inc. passengers. veterans is still not being fully recog- ‘‘(e) FUNDS FOR PLAQUE.—Federal funds The legislation we are introducing nized since their names are not in- may not be used to design, procure, or install today provides over-the-road bus opera- the plaque. tors with a 50-percent tax credit for the cluded on the Vietnam Veterans Memo- ‘‘(f) VIETNAM VETERANS MEMORIAL DE- rial Wall. unsubsidized costs of complying with FINED.—In this section, the term ‘Vietnam the DOT requirement. This tax credit This bill recognizes the sacrifices Veterans Memorial’ means the structures made by these Vietnam veterans by au- and adjacent areas extending to and bounded gives them the support that they need thorizing a plaque that will be en- by the south curb of Constitution Avenue on to ensure both that disabled people in graved with an appropriate inscription the north, the east curb of Henry Bacon wheelchairs have access to over-the- honoring these fallen veterans. Drive on the west, the north side of the road bus service and that that service Since no federal funds will be used north Reflecting Pool walkway on the south remains available to the millions of and a line drawn perpendicular to Constitu- passengers who rely on that service. for the plaque, it will be up to our na- tion Avenue 200 feet from the east tip of the tion’s leading veteran’s organizations I urge my colleagues to join us in memorial wall on the east (this is also a line supporting this legislation.∑ and individual Americans to dem- extended from the east side of the western onstrate their commitment to hon- concrete border of the steps to the west of By Mr. BROWNBACK. oring these fallen veterans through the center steps to the Federal Reserve S. 1923. A bill to prohibit the Federal charitable giving to help make it a re- Building extending to the Reflecting pool Communications Commission from ap- ality. The American Battle Monument walkway). This is the same definition used plying spectrum aggregation limits to Commission will lead the effort in col- by the National Park Service as of the date of the enactment of this section, as con- spectrum assigned by auction after lecting the private funds necessary. tained in section 7.96(g)(1)(x) of title 36, Code 1999; to the Committee on Commerce, It is vital for us to have a place to of Federal Regulations.’’. Science, and Transportation. honor all the men and women who have THE THIRD-GENERATION WIRELESS INTERNET served and died for their country. It is By Mr. KERREY (for himself and ACT also important for the families of these Mr. GRASSLEY): Mr. BROWNBACK. Mr. President, I fallen heroes to have a place in our na- S. 1922. A bill to amend the Internal rise today to introduce the Third-Gen- tion’s capital where their loved one’s Revenue Code of 1986 to provide a tax eration Wireless Internet Act of 1999, a sacrifice is honored and recognized for credit for modifications to intercity bill to prevent the FCC from applying future generations. buses required under the Americans the current spectrum cap imposed upon I urge my colleagues to join me in with Disabilities Act of 1990; to the commercial mobile wireless services to supporting this important bill. I ask Committee on Finance. new spectrum auctions. unanimous consent that the bill be TAX CREDIT FOR MODIFICATIONS TO INTERCITY Mr. President, the popularity of wire- printed in the RECORD. BUSES REQUIRED UNDER THE AMERICANS WITH less services has far exceeded expecta- There being no objection, the bill was DISABILITIES ACT tions. More people purchase wireless ordered to be printed in the RECORD, as ∑ Mr. KERREY. Mr. President, today I phones every month, and the duration follows: am introducing legislation to give pri- of calls is growing rapidly as per- S. 1921 vately owned, over-the-road bus opera- minute rates decline. Be it enacted by the Senate and House of Rep- tors, the assistance they need to equip Mr. President, while the popularity resentatives of the United States of America in their buses with wheelchair lifts. These of wireless has increased, the Internet Congress assembled, operators provide vital intercity bus has become a mass-market phe- SECTION 1. SHORT TITLE. services to millions of Americans who nomenon. Flat-rate Internet-usage This Act may be cited as the ‘‘Vietnam have access to no other form of public plans have lured millions of Americans Veterans Recognition Act of 1999’’. transportation, most particularly in online. Broadband services have in- SEC. 2. ADDITION OF A COMMEMORATIVE rural areas. The legislation I am intro- creased the Internet applications avail- PLAQUE ON THE SITE OF THE VIET- NAM VETERANS MEMORIAL. ducing today passed the Senate earlier able to consumers and drastically re- Public Law 96-297 (16 U.S.C. 431 note), this year as part of a larger tax bill and duced the amount of time necessary to which authorized the establishment of the enjoyed bipartisan support. Indeed I access information online. Vietnam Veterans Memorial, is amended by am delighted that Senator GRASSLEY Now, we are witnessing the marriage adding at the end the following: has agreed to join me as a cosponsor of of the wireless and Internet crazes. ‘‘SEC. 5. PLAQUE TO HONOR OTHER VIETNAM this bill. Wireless Internet access presents con- VETERANS WHO DIED AS A RESULT In keeping with the Americans with sumers with the opportunity to access OF SERVICE IN THE VIETNAM WAR. Disabilities Act, the Department of ‘‘(a) Plaque Authorized.—The American the Internet anywhere and anytime. Battle Monuments Commission is authorized Transportation (DOT) is requiring that With wireless access, consumers will to place within the Vietnam Veterans Memo- a wheelchair lift be installed on every no longer be dependent upon personal rial a suitable plaque containing an inscrip- new over-the-road bus operating inter- computers to reach the Internet. How- tion intended to honor Vietnam veterans— city bus service. In addition, com- ever, wireless Internet access will only

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14614 CONGRESSIONAL RECORD — SENATE November 16, 1999 become a mass-market phenomenon SEC. 3. WIRELESS TELECOMMUNICATIONS SERV- and security, in particular, our ability when consumers can obtain wireless ICES. to control the terms under which our Section 332(c) of the Communications Act personal information is acquired, dis- broadband services that provide the of 1934 (47 U.S.C. 332(c)) is amended by adding bandwidth necessary to download in- at the end thereof the following: closed, and used. formation from the Internet on a hand- ‘‘(9) NON-APPLICATION OF SPECTRUM AGGRE- Just last week, President Clinton held device at reasonable speeds. GATION LIMITS TO NEW AUCTIONS.— signed into law the landmark Financial Third-generation wireless services ‘‘(A) The Commission may not apply sec- Modernization Act of 1999, which up- represent the first wave of truly tion 20.6(a) of its regulations (47 C.F.R. dates our financial laws and opens up broadband mobile services. Third-gen- 20.6(a)) to a license for spectrum assigned by the financial services industry to be- eration services should enable wireless initial auction held for after December 31, come more competitive, both at home 1999. and abroad. I supported this legislation users to achieve speeds of up to 384 ‘‘(B) The Commission may relax or elimi- kilobits per second. But, Mr. President, nate the spectrum aggregation limits of sec- because I believe it will benefit busi- to ensure the rapid deployment of tion 20.6 of its regulations (47 C.F.R. 20.6), nesses and consumers. It will make it third-generation services, Congress but may not lower these limits.’’. easier for banking, securities, and in- needs to provide wireless carriers with surance firms to consolidate their serv- the ability to purchase additional spec- By Mr. LEAHY (for himself, Mr. ices, cut expenses and offer more prod- trum at future FCC auctions, which BRYAN, Mr. HARKIN, Mr. DUR- ucts at a lower cost to all. But it also many carriers cannot do under the cur- BIN, Mr. FEINGOLD, and Mr. raises new concerns about our financial rent FCC policy. ROBB): privacy. Manufacturers are hesitant to S. 1924. A bill to ensure personal pri- New conglomerates in the financial produce equipment for third-genera- vacy with respect to financial informa- services industry may now offer a wid- tion applications, and wireless carriers tion, to provide customers notice and ening variety of services, each of which are unable to roll out third-generation choice about how their financial insti- may require a customer to provide fi- services, because wireless carriers do tutions share or sell their personally nancial, medical or other personal in- not have enough spectrum to offer true identifiable sensitive financial infor- formation. Nothing in the new law pre- third-generation services. Consumers mation, to provide for strong enforce- vents these new subsidiaries or affili- have an opportunity to have wireless ment of these rights, and to protect ates of financial conglomerates from high-speed access to the Internet. But States’ rights; to the Committee on sharing this information for uses be- until there is regulatory certainty that Banking, Housing, and Urban Affairs. yond those the customer thought he or carriers will be able to obtain the spec- THE FINANCIAL INFORMATION PRIVACY AND she was providing it. trum necessary to offer third-genera- SECURITY ACT For example, the new law has no re- tion services, consumers will have to Mr. LEAHY. Mr. President, I rise quirement for the consumer to consent wait before they can have a mobile on- today to introduce the Financial Infor- before these new financial subsidiaries ramp to the information superhighway. mation Privacy and Security Act of or affiliates sell, share, or publish in- Mr. President, I ask unanimous con- 1999. I am pleased that Senators BRYAN, formation on savings account balances, sent that the bill be printed in the HARKIN, DURBIN, and FEINGOLD are certificates of deposit maturity dates and balances, stock and mutual fund RECORD. original cosponsors of this legislation There being no objection, the bill was to protect the financial privacy of all purchases and sales, life insurance pay- outs or health insurance claims. ordered to be printed in the RECORD, as Americans. That is wrong. You shouldn’t be able follows: The right of privacy is a personal and fundamental right protected by the to have that information and go S. 1923 Constitution of the United States. But around to anybody who wants to use it Be it enacted by the Senate and House of Rep- today, the American people are grow- to pitch you some new product or scare resentatives of the United States of America in you into cashing in life savings or any- Congress assembled, ing more and more concerned over en- croachments on their personal privacy. thing else. SECTION 1. SHORT TITLE. New technologies, new communica- As President Clinton recently This Act may be cited as the ‘‘Third-Gen- warned: eration Wireless Internet Act.’’. tions media, and new business services created with the best of intentions and Although consumers put a great value on SEC. 2. FINDINGS. privacy of their financial records, our laws The Congress finds the following: highest of expectations also pose a threat to our ability to keep our lives have not caught up to technological develop- (1) Mobile telephony has been one of the ments that make it possible and potentially fastest growing industries of the tele- to ourselves, and to live, work and profitable for companies to share financial communications sector, offering consumers think without having personal infor- data in new ways. Consumers who undergo innovative services at affordable rates. mation about us collected without our physical exams to obtain insurance, for ex- (2) Demand for mobile telecommunications knowledge or consent. ample, should not have to fear the informa- services has greatly exceeded industry expec- This incremental invasion of our pri- tion will be used to lower their credit card tations. vacy has happened through the lack of limits or deny them mortgages. (3) Mobile carriers are poised to bring high- I strongly agree. If we had this infor- speed Internet access to consumers through safeguards on personal, financial and wireless telecommunications devices. medical information, which can be sto- mation in a desk drawer at home, no- (4) Third Generation mobile systems (here- len, sold or mishandled and find its body could come in and just take it. In- inafter referred to as ‘‘3G’’) are capable of de- way into the wrong hands with the stead, it is in the electronic desk draw- livering high-speed data services for Internet push of a button or click of a mouse. er of one of the companies we have access and other multimedia applications. Our right of privacy has become one given it to, and they can share it with (5) Advanced wireless services such as 3G of the most vulnerable rights in the in- anybody they want within their orga- may be the most efficient and economic way formation age. The digitalization of in- nization. to provide high-speed Internet access to formation and the explosion in the Mr. President, the Financial Infor- rural areas of the United States. mation Privacy and Security Act of (6) Under the current Federal Communica- growth of computing and electronic tions Commission rules, commercial mobile networking offer tremendous potential 1999 offers this Congress the historic service providers may not use more than 45 benefits to the way Americans live, opportunity to provide fundamental megahertz of combined cellular, broadband work, conduct commerce, and interact privacy of every American’s personal Personal Communications Service, and Spe- with their government. financial information. This bill would cialized Mobile Radio spectrum within any It makes it possible for me, sitting in protect the privacy of this financial in- geographic area. my farmhouse in Vermont, to connect formation by directing the Federal Re- (7) Assignments of additional spectrum with any Member of Congress or serve Board, Office of Thrift Super- may be needed to enable mobile operators to vision, Federal Deposit Insurance Cor- keep pace with the demand for 3G services. friends around the world, to get infor- (8) The application of the current Commis- mation with the click of a mouse on poration, Office of the Comptroller of sion spectrum cap rules to new spectrum my computer. the Currency, and the Securities and auctioned by the FCC would greatly impede But the new technology also presents Exchange Commission jointly to pro- the deployment of 3G services. new threats to our individual privacy mulgate rules requiring the financial

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14615 institutions they regulate to: (1) in- my front yard. It is a beautiful spot, THE LAKE TAHOE RESTORATION ACT form their customers about what infor- this place my parents got when I was a Mrs. FEINSTEIN. Mr. President, in mation may be disclosed, and under teenager just for a summer home. June, joined by Senators REID, BOXER, what circumstances, including when, Marcelle and I have made a year-round and BRYAN, I introduced the Lake to whom and for what purposes; (2) place out of it. There is a neighboring Tahoe Restoration Act (S. 1192) which allow customers to review the informa- farm family who, for 40 years, have would jump start the process of clean- tion for accuracy; (3) establish safe- hayed the fields and done work around ing up Lake Tahoe. guards to protect the confidentiality of there. They have known me since I was Lake Tahoe, one of the largest, deep- personally identifiable customer infor- a teenager. The article I cut from the est, clearest lakes in the world is in the mation and records to prevent unau- papers was from one of our largest midst of an economic crisis. Water thorized disclosure; and (4) for new cus- newspapers. It was a sidebar. Here is clarity is declining at the rate of more tomers, obtain the customers’ consent almost verbatim the way it went. than 1 foot each year; more than 1⁄3 of to disclosure, and for existing cus- The out-of-State reporter drives up the trees in the forest are either dead tomers, give the customers a reason- to a farmer who is sitting on his porch or dying; and sediment and algae-nour- able opportunity to object to disclo- along the dirt road. He says to the ishing phosphorus and nitrogen con- sure. These financial institutions could farmer, ‘‘Does Senator LEAHY live up tinue to flow into the lake from a vari- use confidential customer information this road?’’ The farmer said, ‘‘You a ety of sources. from other entities only if the entities relative of his?’’ He said, ‘‘No, I am Over the last few months, I worked provides their customers with similar not.’’ He says, ‘‘You a friend of his?’’ with the Congressmen from the Tahoe privacy protections. He said, ‘‘Not really.’’ He says, ‘‘Is he areas, Representative DOOLITTLE and In addition, this bill provides individ- expecting you?’’ The reporter says, Representative GIBBONS to craft a uals the civil right of action to enforce ‘‘No.’’ The farmer looks him right in House version of the Lake Tahoe Res- their financial privacy rights and to re- the eye and says, ‘‘Never heard of toration Act that could garner bipar- cover punitive damages, reasonable at- him.’’ tisan support. I am pleased that we’ve torneys fees, and other litigation costs. Now, we Vermonters like our pri- been able to build on S. 1192 and de- Privacy rights must be enforceable in a vacy. This was a Saturday, and the velop a compromise bill which I am in- court of law to be truly effective. farmer wasn’t about to tell somebody troducing today. To be sure, this legislation would not where I lived and direct him down the Like S. 1192, this bill first and fore- affect any state law which provides dirt road to it. It is a humorous story, most authorizes the necessary funding greater financial privacy protections but I kept that over the years because to clean up and restore Lake Tahoe. to its citizens. Some states have al- it reminds me of other ways to protect This bill includes two major changes: ready recognized the growing need for our privacy. By the same token, I First, to address the problem of financial privacy protections. For ex- would not want—whether it is that re- MTBE in the Lake Tahoe basin, I added ample, I am proud to say that Vermont porter or somebody I never met—to go a section that provides $1 million to instituted cutting edge financial pri- onto a computer and find my bank the Tahoe Regional Planning Agency vacy laws five years ago. This bill is in- statements, my medical records, my and local utility districts to clean up tended to provide the most basic rights children’s medical records, or my contaminated wells and surface water. of financial privacy to all American spouse’s, and find out whether we have Second, to help local governments consumers. They deserve nothing less. applied for a mortgage or not, or find who would otherwise be burdened by When President Clinton signed the fi- out whether we have bought life insur- relocation costs that may be needed to nancial modernization bill last week, ance or cashed in life insurance. So I clean up the basin, this bill promises he directed the National Economic think we have to ask ourselves as we that the federal government will pay 2⁄3 Council to work with the Treasury De- go into the new millennium, one where of any needed relocation costs. partment and Office of Management information will flow quicker and in I believe these provisions improve on and Budget to craft legislative pro- more detail than could have even been the original bill and increase the posals to forward to Congress next year conceived a generation ago—it could breadth of support for this bill. to protect financial privacy in the new not have been conceived at the time The bill requires the Forest Service financial services marketplace. I be- my parents purchased that beautiful to develop an annual priority list of en- lieve the Financial Information Pri- spot in Vermont. Ten years from now, vironmental restoration projects and vacy and Security Act of 1999, which we will move faster and with more authorizes $200 million dollars over 10 we are introducing today, should serve complexity than we could even think of years to the forest service to imple- as the foundation for the Administra- today. ment these projects on federal lands. tion’s financial privacy bill. So I think the Congress, if it is going The list must include projects that will Americans ought to be able to enjoy to fulfill its responsibility to the improve water quality, forest health, the exciting innovations of this bur- American people, has to do more and soil conservation, air quality, and fish geoning information era without losing more to protect our privacy and allow and wildlife habitat around the lake. control over the use of their financial technology to move as fast as it can, In developing the environmental res- information. but not at the price of our individual toration priority list, the Forest Serv- The Financial Information Privacy privacy. We all know basically what ice must rely on the best available and Security Act updates United we, our friends, neighbors, families, science, and consider projects that States privacy laws to provide these would want to give up of their personal local governments, businesses, and en- fundamental protections of personal fi- privacy—not very much. Think to vironmental groups have targeted as nancial information in the evolving fi- yourself, if this was something you had top priorities. The Forest Service also nancial services industry. in the top drawer of your desk at home, must consult with local community I urge my colleagues to support it. knowing nobody could get it, they leaders. On privacy, in Vermont we care would need search warrants or they The bill requires the Forest Service greatly about this. I have been in pub- would break the law by coming in and to give special attention on its priority lic life for a long time. During that taking it. That is all the more reason list to five key activities: acquisition time, I have only clipped and actually why on somebody’s computer they of environmentally sensitive land from saved and framed a couple articles should not be allowed to take it. willing sellers, erosion and sediment about me from the press. control, fire risk reduction, cleaning up My distinguished friend from Nevada, By Mrs. FEINSTEIN (for herself, MTBE contamination, and traffic and who is on the floor, like me lives in a Mr. REID, Mrs. BOXER, and Mr. parking management, including pro- rural area—he in Searchlight, I in Mid- BRYAN): motion of public transportation. dlesex, VT. I live on this dirt road. I S. 1925. A bill to promote environ- The Lake Tahoe Restoration Act also look down this valley, 35 miles down a mental restoration around the Lake requires that an additional $100 million valley, mountains on either side. I lit- Tahoe basin; to the Committee on En- be authorized over 10 years be as pay- erally cannot see another house from ergy and Natural Resources. ments to local governments for erosion

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14616 CONGRESSIONAL RECORD — SENATE November 16, 1999 control activities on non-federal lands. ronmental summit at Lake Tahoe and introduced S. 1773, the Youth and Adult These payments will help local govern- promised $50 million over 2 years for School Partnership Act of 1999, and S. ments conduct soil conservation and restoration activities around the lake. 1772, the Family and School Partner- erosion mitigation projects, restore Unfortunately, the President’s com- ship Act of 1999. In addition, I have wetlands and stream environmental mitments lasted for only 2 years, so been working for some time to pass S. zones, and plant native vegetation to important areas like land acquisition 1304, the Time for Schools Act. All filter out sediment and debris. and road decommissioning were not these efforts work in concert, to ad- I spent my childhood at Lake Tahoe, funded at the levels the President tried dress the very real needs of our local but I had not been back for a number of to accomplish. What is needed is a schools when it comes to investing in years until I returned for the 1997 Pres- more sustained, long-term effort, and the strategies that work, and in mak- idential summit with President Clin- one that will meet the federal govern- ing it possible to involve all the nec- ton. I saw things I had never seen be- ment’s $300 million responsibility to essary members of our local school fore at Lake Tahoe. save the environment at Lake Tahoe. communities in the decisions that af- I saw the penetration of MTBE in the The Lake Tahoe Restoration Act will fect them. water and learned that 30 percent of build upon the President’s commit- I have spoken before about what I the South Lake Tahoe water supply ment to Lake Tahoe and authorize full have heard from the literally thou- has been eliminated by MTBE. I ob- funding for a new environmental res- sands of families and students and edu- served gasoline spread over the water toration program at the lake. cators and community leaders I have surface. I noticed that a third of the I am also grateful to the Lake Tahoe met. I have spoken about how most magnificent forest that surrounds the Transportation and Water Quality Coa- Americans want an increased but ap- lake was dead or dying. I saw major lition, a local consensus group of 18 propriate federal role in education. They want decisions about how to help land erosion problems that were bring- businesses and environmental groups, students achieve at higher levels to be ing all kinds of sediment into the lake who has worked extremely hard on this made in the local school, but they also and which had effectively cut the bill. want increased federal funds—help lake’s clarity by thirty feet since the Thanks in large part to their work, where help is needed—to support their the bill has strong, bipartisan support last time I had visited. And then I local efforts. Most people are shocked from nearly every major group in the learned that the experts believe that in to learn that their federal government 10 years the clouding of the amazing Tahoe Basin. only devotes 1.6 percent of overall The bottom line is that time is run- crystal water clarity would be impos- spending to education. sible to reverse and in 30 years it would ning out for Lake Tahoe. We have 10 I have spoken before about how the be lost forever. years to do something major or the federal class size reduction initiative The Tahoe Regional Planning Agency water quality deterioration is irrevers- has at its core a streamlined funding estimates that it will cost $900 million ible. mechanism that targets funds to a goal over the next 10 years to restore the I am hopeful that Congress will move and then holds the school accountable Lake. quickly to consider the Lake Tahoe to the local community for making For me, that was a call to action and Restoration Act. I urge my colleagues progress toward that goal. I have prompted me to sponsor this bill which to join Senator REID, Senator BOXER, talked about how important I feel this will authorize $300 million of Federal Senator BRYAN, Congressman DOO- funding mechanism can be as a way for moneys on a matching basis over 10 LITTLE, Congressman GIBBONS, Con- us to look at other federal programs in years for environmental restoration gresswoman ESHOO, and me in pre- education. I have spoken about the im- projects at Lake Tahoe to preserve the serving this national treasure for gen- portance of keeping the federal role region’s water quality and forest erations to come. firmly in mind: to ensure opportunity health. Put simply, this crown jewel on the one hand, and to fund shared na- By Mrs. MURRAY: deserves the attention, and the fact tional priorities on the other. In addi- S. 1926. A bill to amend the Elemen- that the federal government owns 77 tion, we must ensure accountability for tary and Secondary Education Act of percent of that troubled area makes results at every step along the way. the responsibility all so clear. 1965 to improve student achievement We need to remember that what fam- Through funding over the past few by helping local educational agencies ilies and students and educators and years we have already begun to make improve the quality of, and technology community leaders have asked us for is some early strides such as the purchase training for, teachers, to improve targeted help and support, to fund such of important pieces of land like the teacher accountability, and to enhance efforts as reducing class size, and pro- Sunset Ranch and the planning for a the leadership skills of principals; to viding for special education students, Coordinated Transit System. the Committee on Health, Education, and after-school programs, and school Already, California and Nevada have Labor, and Pensions. modernization, and education tech- begun contributing their portion of the QUALITY AND ACCOUNTABILITY ARE BEST FOR nology, and school safety and other ef- restoration efforts. CHILDREN ACT (QUALITY ABCS ACT) forts. Our responsibility is to give California is in the second year of a ∑ Mrs. MURRAY. Mr. President, today them the help they have sought, and no ten year $275 million commitment I introduce a bill entitled the ‘‘Quality topic is more important to them than through the California Tahoe Conser- and Accountability Are Best for Chil- funding the necessary steps it will take vancy, Caltrans, and the Parks Service. dren Act.’’ Every child in every class- to help local schools improve the qual- Nevada has authorized the issuance room in America deserves to have a ity of their corps of educators. We of bonds that will constitute an $82 fully-qualified teacher; this legislation must rethink how educators are million contribution over an 8-year pe- takes a comprehensive approach to taught, and how we support their riod. helping communities make that a re- learning of the new skills it takes to Local governments and private in- ality. The bill should be seen as com- teach students the basics and ‘‘new ba- dustry have also agreed to commit $300 plementary to the professional devel- sics’’ that it will take for them to suc- million. The Tahoe Transportation and opment sections of last year’s Higher ceed in today’s complex world. Water Quality Coalition, a coalition of Education Act, and to the professional In addition, we must fund local 18 businesses and environmental development sections of S. 7, the Pub- schools’ efforts to recruit, retain and groups, including Placer County, El lic Schools Excellence Act. It should reward the world’s finest corps of edu- Dorado County, the city of South Lake also be seen as part of a comprehensive cators. And assure that their local Tahoe, Douglass County in Nevada, and strategy to forge a strong partnership communities can hold them account- Washoe County in Nevada have all on education between the Congress and able for doing so. agreed. This is an extraordinary com- the teachers, families, and students in Today I introduce the Quality and mitment for a region with only 50,000 communities across America which it Accountability are Best for Children year-round residents. serves. Act, or Quality ABCs Act. This bill will President Clinton took an important While my efforts today are to address help school districts improve the qual- first step in 1997 when he held an envi- educator quality issues, I also recently ity of their educator corps, and help

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14617 communities hold schools accountable Report on successful efforts and take The programs will provide principals for results. Since all communities are part in dissemination activities; with: struggling to improve the quality of Provide technical assistance to Knowledge of effective instructional their teaching force, funds are provided states and school districts to assist leadership skills and practices; at a level that allow all school districts them to use technology in recruitment, Comprehensive whole-school ap- to participate. It will authorize an ad- processing, hiring, and placement of proaches and programs that improve ditional formula grant, based on enroll- qualified teaching candidates. teaching and learning; ment, in the amount of $2 billion per To retain teachers, school districts Improved understanding of the effec- year for teacher quality improvement, may: tive uses of educational technology, in- plus $100 million per year for principal Use funds to offer or stipends or bo- cluding best practices for incor- professional development. Funds will nuses to educators to seek further sub- porating technology into the instruc- supplement current federal, state, and ject matter endorsements, advanced tional program and management of the local professional development efforts, levels of state certification or national school; and school districts are encouraged to board certification. These retention ef- Increased knowledge of State content use existing law, waivers, of Ed Flex forts can also fund other local initia- and performance standards, and appro- authority to coordinate activities at tives specifically designed, such as priate related curriculum; the local level. mentor teacher programs, to retain Assistance in the development of ef- fective programs, and strategies for as- With the goal of reducing paperwork teachers in the first 5 years of teach- sessing the effectiveness of such pro- and avoiding lengthy program descrip- ing; tions, my legislation is based on the bi- Local education agencies can use grams; Training in effective, fair evaluation partisan mechanism agreed to under funds, within district criteria for men- and supervision of school staff, and the fiscal year 1999 Appropriations tor or master teacher criteria, for a training in improvement of instruc- Class Size Reduction Initiative. Appli- range of retention activities: mentor cations are streamlined, school dis- tion; and/or master teacher job classifica- Assistance in the enhancement and tricts can use money flexibly at the tion/career ladders; sabbatical/research development of the principals’ overall local level, as long as they target funds activities such as the Fulbright pro- school management and business to improving educator quality in at gram, or working in industry/non-prof- skills; least one of three subject areas (re- it world to improve teacher education; Knowledge of school safety and dis- cruitment, retention, and rewards) and or other activities that keep teachers cipline practices, school law, and school districts are accountable to the fresh while preserving their job slot/ school funding issues. local community in the form of a re- pay/benefits. These retention efforts The bill also includes the K–12 school port card describing district efforts to can also fund other local initiatives sections of my teacher Technology improve teacher quality. specifically designed to retain experi- Training Act. Last year, I included in School district are required to use enced teachers, beyond the first five the Higher Education Act provisions to funds to improve educator quality, but years of teaching; improve pre-service teacher training have a broad range of options to do so. To reward teachers: offered by universities, by including To recruit new teachers, school dis- School districts can reward elemen- technology in teacher training. The tricts may use tools such as the fol- tary and secondary schools, based on Quality ABCs Act will take the rel- lowing: improvement in the proportion of high- Establishing or expanding teacher evant steps to integrate technology ly qualified teachers or other measures academies, teachers-recruiting-future- into the professional development of- of teacher quality—improved recruit- teacher programs, and programs to en- fered by school districts. ing, retention, improved ‘‘in endorse- This bill is only one step but it is a courage high school and middle school ment’’ ratio, higher percentage of cer- necessary one. We cannot succeed in students to pursue a career in teach- tificated staff, higher levels of certifi- improving student learning if we do ing; Establishing or expanding para-pro- cation, professional development cur- not also invest in the quality of our fessional training programs, para- ricular improvement; educators. We must assure that schools School districts can provide teachers educator-to-teacher career ladders or can use all the tools at their disposal with a one-time bonus/reward of $5,000 other efforts to improve the training to do what’s necessary, and the Quality for achieving national board certifi- and supervision of para-educators; ABCs Act funds the recruitment, reten- Establishing or expanding programs cation; tion, rewards and accountability meas- for mid-career professionals to become Each state will receive $100,000 to ures essential to their success. certificated teachers; support the McAuliffe awards and Na- In all these pieces of legislation, Reaching out to communities of tional Teacher of the year awards to whether I am a sponsor or a cosponsor, color or other special populations to create additional forms of conferring my approach is to offer help where help make the teaching corps more reflec- respect and recognition upon distin- is needed. Schools face increasing chal- tive of current and future student de- guished educators. lenges and higher expectations from mographics: The bill requires school district re- their communities and from all Ameri- Placing advertisements, attending port cards to contain information cans. college job fairs, offering signing bo- about efforts they have undertaken to Now is not the time for easy answers. nuses, and other recruitment efforts; improve the recruiting, retention, re- Too many have suggested that it’s all Embarking on and coordinating with warding, and accountability for teach- about paperwork or all about trust or other activities to help recruit the best ers. Reports include which programs all about bureaucracy. We must take quality teaching corps, such as: offer- were offered locally, how much of the steps to squeeze the most out of every ing forgivable loans; assisting new funding was spent on which efforts, and dollar, and make things more efficient, hires to reach higher levels of state what results were achieved in terms of but, as we’ve seen with the funding certification or to become national measurable improvements to teacher mechanism under the class size reduc- board certified teachers; recruiting new quality and student achievement. tion initiative, local flexibility, tar- teachers in specific disciplines includ- Each report card shall include infor- geted to a specific purpose, with local ing math and science; mation about how parents and other accountability built in, can work very In addition, the Secretary of Edu- community members can access proc- well. cation will be authorized directly, or esses under school district policies re- But even that approach is only a par- by creating programs at the state or garding teacher accountability. tial answer. Helping all our schools local level to: The bill includes an effort to provide, perform for all students now and into Offer incentives for teachers to on a statewide basis, professional de- the next century is a monumental achieve national board certification; velopment services for public elemen- task. None of these challenges is easy. Create forgivable loan programs tary school and secondary school prin- The kind of student success we are hop- under the current student aid pro- cipals designed to enhance the prin- ing for will not happen without an ac- grams; cipals’ educational leadership skills. tual, working partnership among local

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No person, school, or government en- are equipped to deal with a complex econ- ‘‘(b) RESERVATIONS AND ALLOTMENTS.— tity has the resources, the research, omy and society, less than 50 percent of such ‘‘(1) RESERVATIONS.—From the amount ap- the leadership, the experience, or the teachers report that they are competent in propriated under section 2406 to carry out capability to go it alone. People cannot using technology effectively in the class- this part for each fiscal year, the Secretary succeed in a global economy without room. shall reserve— an education that is world-class, rel- (9) Although principals and other adminis- ‘‘(A) a total of 1 percent of such amount for trators are the educational leaders and chief payments to— evant, and sufficiently funded. We all executive officers of our Nation’s elementary must work together as a nation if we ‘‘(i) the Secretary of the Interior for activi- schools and secondary schools, and research ties, that are approved by the Secretary and want to succeed as a nation in a com- strongly suggests that strong leadership consistent with this part, in schools operated plex world. We owe this kind of per- from the principal is the single most impor- or supported by the Bureau of Indian Affairs, spective to our children and to our fu- tant factor in effective schools, research also on the basis of the schools’ respective needs ture. We must all strive to find the has revealed that the characteristics of a for assistance under this part; and areas where we agree. Only a shared vi- good principal are not necessarily those ‘‘(ii) the outlying areas, to be allotted in sion of the future of education will help things for which principals are trained and accordance with their respective needs for rewarded. us all to move toward our destination. assistance under this part as determined by Let us take that first step together. SEC. 4. PURPOSES. the Secretary, for activities that are ap- The purposes of this Act are— proved by the Secretary and consistent with Mr. President, the drafting of these this part; and bills would have been impossible with- (1) to recruit the best and the brightest candidates to teach in public elementary ‘‘(B) 0.5 percent to enable the Secretary di- out the efforts of two legislative schools and secondary schools by looking to rectly or through programs with State edu- fe3llows in my office, Ann Mary young people, people from special popu- cational agencies and local educational Ifekwunigwe and Peter Hatch. I thank lations, mid-career professionals, and others agencies— them for their work. as potential new teachers; ‘‘(i) to offer incentives to teachers to ob- Mr. President, I ask that the text of (2) to offer retention incentives to highly tain certification from the National Board the bill be printed in the RECORD. qualified teachers to keep the teachers in the for Professional Teaching Standards; The bill follows: classroom; ‘‘(ii) to create student loan forgiveness pro- grams; S. 1926 (3) to reward elementary schools and sec- ondary schools that, and teachers in such ‘‘(iii) to report on and disseminate success- Be it enacted by the Senate and House of Rep- schools who, succeed in improving student ful activities assisted under this part; and resentatives of the United States of America in achievement; ‘‘(iv) to provide technical assistance to Congress assembled, (4) to hold elementary school and sec- States and local educational agencies to as- SECTION 1. SHORT TITLE. ondary school teachers accountable for sist the States and agencies in using tech- This Act may be cited as the ‘‘Quality and achieving high levels of professionalism, in- nology in the recruitment, processing, hir- Accountability are Best for Children Act’’. cluding possessing expert knowledge and ing, and placement of qualified teaching can- SEC. 2. REFERENCES. skills in the subject areas in which the didates. Except as otherwise expressly provided, teachers teach, being actively involved in all ‘‘(2) ALLOTMENTS TO STATES.—From the whenever in this Act an amendment or re- aspects of the school community, and being amount appropriated under section 2406 for peal is expressed in terms of an amendment committed to the academic success of stu- any fiscal year that remains after making to, or repeal of, a section or other provision, dents, by providing parents and the school the reservations under paragraph (1), the the reference shall be considered to be made community with specific information about Secretary shall allot to each State an to a section or other provision of the Ele- the qualifications of the local teaching amount that bears the same relationship to mentary and Secondary Education Act of corps; the remainder as the number of children, 1965 (20 U.S.C. 6301 et seq.). (5) to improve teacher professional devel- aged 5 to 17, enrolled in the public and pri- SEC. 3. FINDINGS. opment in the uses of technology in teaching vate nonprofit elementary schools and sec- Congress makes the following findings: and learning and in the study of technology, ondary schools in the State bears to the (1) Academically qualified, highly trained and to help local communities to use tech- number of such children enrolled in such and professional teachers are a critical com- nology as a vehicle to improve teacher pro- schools in all States. ponent in children’s educational success. fessional development; and ‘‘(c) WITHIN-STATE ALLOCATIONS.—Each (2) The Department of Education has re- (6) to improve the professional develop- State receiving an allotment under sub- ported that our Nation will need to hire ment of elementary school and secondary section (b)(2)— 2,200,000 more teachers during the 10-year pe- school principals and other administrators ‘‘(1) shall reserve $100,000 of the allotment riod beginning in fiscal year 2000. to ensure that the principals and administra- for a fiscal year— (3) Newspaper accounts from the 18th cen- tors are the community’s educational lead- ‘‘(A) to support the Christa McAuliffe tury described teachers as well-respected, ers, and have sophisticated knowledge about awards, the National Teacher of the Year but ill-rewarded. student achievement, school safety, manage- awards, and other awards that confer respect (4) In 1999, because many individuals view ment, evaluation, and community outreach. and recognition upon outstanding teachers; teaching as a thankless profession which SEC. 5. IMPROVING TEACHER RECRUITMENT, RE- and garners little respect, little support, and lit- TENTION, REWARDS, AND ACCOUNT- ‘‘(B) to establish other forms of conferring tle money, nearly 50 percent of those who ABILITY. respect and recognition upon distinguished enter teaching leave the profession within 5 Title II (20 U.S.C. 6601 et seq.) is amended— teachers; years. (1) by redesignating part E as part G; ‘‘(2) shall reserve not more than 1⁄2 of 1 per- (5) Sixty-three percent of parents and (2) by redesignating sections 2401 and 2402 cent of the grant funds for a fiscal year, or teachers believe that accountability systems (20 U.S.C. 6701, 6702) as sections 2601 and 2602, $50,000, whichever is greater, for the adminis- with financial rewards are a good idea, and respectively; and trative costs of carrying out this part; and would motivate teachers to work harder to (3) by inserting after part D the following: ‘‘(3) shall allocate the amount that re- improve student achievement. mains after reserving funds under para- (6) Paying professional salaries is integral ‘‘PART E—IMPROVING TEACHER RECRUIT- graphs (1) and (2) among local educational to teacher retention. The State of Con- MENT, RETENTION, REWARDS, AND AC- agencies in the State by allocating to each necticut, for example, has been able to im- COUNTABILITY; local educational agency in the State sub- prove student achievement, eliminate its ‘‘SEC. 2401. DEFINITIONS. mitting an application that is consistent teacher shortage, and retain highly qualified ‘‘For purposes of this part: with section 2403 an amount that bears the teachers by offering the highest salaries in ‘‘(1) OUTLYING AREAS.—The term ‘outlying same relationship to the remainder as the the Nation (an average of $51,727 per year). area’ means the United States Virgin Is- number of children, aged 5 to 17, enrolled in (7) Dissemination of information regarding lands, Guam, American Samoa, and the Com- the public and private nonprofit elementary the teacher corps working at individual ele- monwealth of the Northern Mariana Islands. schools and secondary schools served by the mentary schools and secondary schools, and ‘‘(2) STATE.—The term ‘State’ means each local educational agency bears to the num- accountability procedures enforced by the of the several States of the United States, ber of such children enrolled in such schools local educational agency can provide an im- the District of Columbia, and the Common- served by all local educational agencies in portant tool for parents and taxpayers to wealth of Puerto Rico. the State.

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LOCAL APPLICATIONS. ‘‘(ii) establishing career ladders for mentor velopment activities carried out under this Each local educational agency desiring as- teachers or master teachers; and part with activities carried out under title II sistance under section 2402(c)(3) shall submit ‘‘(iii) providing teachers with time outside of the Higher Education Act of 1965, if the an application to the State educational the classroom to improve the teachers’ local educational agency is participating in agency at such time, in such manner, and ac- teaching skills while preserving the teach- programs funded under such title. companied by such information as the State ers’ job, pay, and benefits, including pro- ‘‘(e) ADMINISTRATIVE EXPENSES.—A local educational agency may reasonably require. viding sabbaticals, research opportunities, educational agency receiving grant funds At a minimum, the application shall contain such as the Fulbright Academic Exchange under this part may use not more than 3 per- a description of the programs to be assisted Programs, and the opportunity to work in an cent of the grant funds for any fiscal year for under this part consistent with section 2404. industry or a not-for-profit organization; and the cost of administering this part. ‘‘(f) REPORT.—Each State receiving funds ‘‘SEC. 2404. USE OF FUNDS. ‘‘(D) supporting local initiatives specifi- under this part shall submit an annual re- ‘‘(a) IN GENERAL.—Each local educational cally designed to retain experienced teachers beyond the teacher’s first 5 years of teach- port to the Secretary containing information agency receiving funds under this part shall regarding activities assisted under this part. use the funds to carry out activities de- ing. ‘‘(3) REWARDS.—A local educational agency ‘‘SEC. 2406. AUTHORIZATION OF APPROPRIA- scribed in subsections (b) and (c) that are de- TIONS. signed to improve student achievement by may reward— (A) elementary schools and secondary ‘‘For the purpose of carrying out this part, improving the quality of the local teacher there are authorized to be appropriated corps, including improving recruitment and schools by providing bonuses or financial awards to the schools, with priority given to $2,100,000,000 for fiscal year 2001 and such retention of highly qualified new teachers, sums as may be necessary for each of the 4 financially needy schools, based on— offering rewards to teachers based on teach- succeeding fiscal years. ers’ successes, and holding teachers account- ‘‘(i) the school’s increased percentage of ‘‘PART F—EXCELLENT PRINCIPALS able for the results attained by the teachers highly qualified teachers teaching in the CHALLENGE GRANT by notifying the community in the school school; or district served by the local educational agen- ‘‘(ii) other measures demonstrating an im- ‘‘SEC. 2501. GRANTS TO STATES FOR THE TRAIN- provement in the quality of teachers teach- ING OF ELEMENTARY SCHOOL AND cy about the local educational agency’s ef- SECONDARY SCHOOL PRINCIPALS. forts to improve teacher quality. ing in the school, including an improvement in the school’s recruitment and retention of ‘‘(a) GRANTS AUTHORIZED.—From amounts ‘‘(b) RECRUITMENT, RETENTION, AND RE- appropriated under section 2504, the Sec- WARDS.— teachers, a reduction in out-of-field place- ment of teachers, an increased percentage of retary shall award grants to State edu- ‘‘(1) TEACHER RECRUITMENT.—A local edu- cational agencies or consortia of State edu- cational agency may support teacher re- certificated staff teaching in the school, an increase in the number of teachers in the cational agencies that submit applications cruitment activities by— consistent with subsection (d), to enable school attaining higher levels of certifi- ‘‘(A) establishing or expanding teacher such agencies or consortia to provide, on a cation, and a school’s adoption of profes- academies, teachers-recruiting-future-teach- statewide basis, professional development sional development programs that improve ers programs, and programs designed to en- services for elementary school and secondary curricula; and courage secondary school students to pursue school principals designed to enhance the ‘‘(B) highly qualified elementary school a career in teaching; principals’ leadership skills. and secondary school teachers by offering a ‘‘(B) establishing or expanding paraprofes- ‘‘(b) RESERVATIONS AND AWARDS.— 1-time bonus, reward, or stipend of not more sional training programs, paraprofessional- ‘‘(1) RESERVATIONS.—From the amount ap- than $5,000 to teachers who are certified by to-teacher career ladders, and other pro- propriated under section 2503 to carry out the National Board for Professional Teach- grams designed to improve the training and this part for each fiscal year, the Secretary ing Standards. supervision of paraprofessionals; may reserve not more than 2 percent to de- ‘‘(c) ACCOUNTABILITY.—An elementary ‘‘(C) establishing or expanding programs velop model national programs, in accord- designed to assist mid-career professionals school or secondary school receiving assist- ance under this part, and the local edu- ance with section 2502, that provide activi- to become certificated teachers; ties described in subsection (e) for elemen- ‘‘(D) reaching out to communities of color cational agency serving that school, shall provide an annual report to parents, the gen- tary school and secondary school principals. or other special populations to make teach- eral public, and the State educational agen- ‘‘(2) AWARDS TO STATES.—From the amount ers teaching in the elementary schools and cy, in easily understandable language, con- appropriated under section 2504 for a fiscal secondary schools served by the local edu- taining— year and remaining after the Secretary cational agency more reflective of the stu- (1) information regarding— makes the reservation under paragraph (1), dent demographics (at the time of the out- ‘‘(A) the demographic makeup and profes- the Secretary shall award grants, in an reach and as anticipated in the future) in sional credentials of the agency’s teacher amount determined by the Secretary, to such schools; corps; State educational agencies and consortia of ‘‘(E) placing advertisements, attending col- ‘‘(B) efforts to increase student achieve- State educational agencies on the basis of— lege job fairs, offering signing bonuses, or en- ment by improving the recruitment, reten- ‘‘(A) the quality of the proposed uses of the gaging in other efforts designed to recruit tion, and rewarding of teachers, and improv- grant funds; and highly qualified new teachers; and ing accountability for teachers; and ‘‘(B) the educational needs of the State or ‘‘(F) establishing activities, and coordi- ‘‘(C) local programs assisted, expenditures States. nating with existing activities, designed to made, and results achieved under this part in ‘‘(c) MATCHING REQUIREMENT.— help recruit the highest quality new teach- terms of measurable improvements in teach- ‘‘(1) IN GENERAL.—The amount provided to ers, such as— er quality and student achievement; and a State educational agency or consortia ‘‘(i) offering student loan forgiveness; ‘‘(2) notification of the community served under subsection (b)(2) shall not exceed 75 ‘‘(ii) offering assistance for newly hired by the local educational agency with respect percent of the cost of the program described teachers to reach higher levels of State cer- to local educational agency policies regard- in the application submitted pursuant to tification or certification from the National ing teacher accountability. subsection (d). Board for Professional Teaching Standards; ‘‘(2) NON-FEDERAL CONTRIBUTIONS.—The ‘‘SEC. 2405. GENERAL PROVISIONS. and non-Federal share of payments under this ‘‘(a) SUPPLEMENT NOT SUPPLANT.—A local ‘‘(iii) recruiting new teachers in specific educational agency shall use funds under section may be in cash or in kind, fairly disciplines, including mathematics and this part to supplement, and not to supplant, evaluated, including planned equipment or science. State and local funds that, in the absence of services. Amounts provided by the Federal ‘‘(2) TEACHER RETENTION.—A local edu- funds provided under this part, would other- Government, and any portion of any service cational agency may support teacher reten- wise be spent for activities under this part. subsidized by the Federal Government, may tion activities by— ‘‘(b) PROHIBITION.—No local educational not be included in determining the amount ‘‘(A) offering stipends or bonuses to teach- agency shall use funds provided under this of the non-Federal share. ers who seek further subject matter endorse- part to increase the salaries of or to provide ‘‘(3) WAIVER.—The Secretary shall promul- ments and advanced levels of State certifi- benefits to teachers, other than providing gate regulations to waive the matching re- cation or certification from the National professional development programs, bonuses, quirement of paragraph (1) with respect to Board for Professional Teaching Standards; and enrichment programs described in sec- State educational agencies or consortia of ‘‘(B) establishing or expanding local initia- tion 2404. State educational agencies that the Sec- tives, such as mentor teacher programs, that ‘‘(c) PROFESSIONAL DEVELOPMENT.—If a retary determines serve low-income areas. are specifically designed to retain teachers local educational agency uses funds made ‘‘(d) APPLICATION REQUIRED.—Each State during the teachers’ first 5 years of teaching; available under this part for professional de- educational agency or consortia of State ‘‘(C) supporting other teacher retention ac- velopment activities, the local educational educational agencies desiring a grant under tivities that are consistent with local edu- agency shall ensure the equitable participa- subsection (b)(2) shall submit an application cational agency criteria for mentor teacher tion of private nonprofit elementary schools to the Secretary at such time, in such man- job classifications or master teacher job and secondary schools in such activities. ner, and containing such information as the classifications, including— ‘‘(d) COORDINATION.—A local educational Secretary shall reasonably require. At a ‘‘(i) establishing such classifications; agency shall coordinate any professional de- minimum, the application shall contain—

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‘‘(1) a description of the activities to be as- educational agencies shall use funds under NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT sisted under this section consistent with sub- this part to supplement, and not to supplant, ACT REAUTHORIZATION OF 1999 section (e); and State and local funds that, in the absence of Mr. INOUYE. Mr. President, I rise ‘‘(2) an assurance that— funds provided under this part, would other- today to introduce a bill to reauthorize ‘‘(A) matching funds will be provided in ac- wise be spent for activities under this part. and extend the provisions of the Native cordance with subsection (c); and ‘‘(b) PROFESSIONAL DEVELOPMENT.—If a Hawaiian Health Care Act. I am joined ‘‘(B) elementary school and secondary State educational agency or consortium of school principals in the State were involved State educational agencies uses funds made in the sponsorship of this measure by in developing the application and the pro- available under this part for professional de- my esteemed colleague, Senator DAN- posed uses of grant funds. velopment activities, the State educational IEL AKAKA. ‘‘(e) USE OF FUNDS.—A State educational agency or consortium of State educational Although the act was enacted into agency or consortia of State educational agencies shall ensure the equitable partici- law in 1988, appropriations to imple- agencies receiving a grant under this part pation of private nonprofit elementary ment these critically-needed health shall use the grant funds to provide, on a schools and secondary schools in such activi- care programs and services were not statewide basis, professional development ties. forthcoming for several years. As a re- services and training to increase the instruc- ‘‘SEC. 2504. AUTHORIZATION OF APPROPRIA- sult, the Native Hawaiian Health care tional leadership and other skills of prin- TIONS; SUPPLEMENT NOT SUP- cipals in elementary schools and secondary PLANT. Systems are still struggling to address schools. Such activities may include activi- ‘‘For the purpose of carrying out this part, the overwhelming need for health care ties— there are authorized to be appropriated, services that are designed to improve ‘‘(1) to provide principals with knowledge $100,000,000 for each of the fiscal years 2001 the health status of the native people of— through 2004 to carry out this part. of Hawaii. ‘‘(A) effective instructional leadership SEC. 6. AMENDMENTS REGARDING IMPROVING Native Hawaiians have the highest skills and practices; and TEACHER TECHNOLOGY TRAINING. cancer mortality rates in the State of ‘‘(B) comprehensive whole-school ap- (a) STATEMENT OF PURPOSE FOR TITLE I.— Hawaii, as well as the highest years of proaches and programs that improve teach- Section 1001(d)(4) (20 U.S.C. 6301(d)(4)) is productive life lost from cancer. Native ing and learning; amended by inserting ‘‘, giving particular at- ‘‘(2) to provide training in effective, fair Hawaiians also have the highest mor- tention to the role technology can play in tality rates in the State of Hawaii from evaluation and supervision of school staff, professional development and improved and to provide training in improvement of teaching and learning’’ before the semicolon. diabetes mellitus—130 percent higher instruction; and (b) SCHOOL IMPROVEMENT.—Section than the statewide rate for all other ‘‘(3) to improve understanding of the effec- 1116(c)(3) (20 U.S.C. 6317(c)(3)) is amended by races. The death rate from heart dis- tive uses of educational technology, and to adding at the end the following: ease is 66 percent higher amongst Na- incorporate technology into the instruc- ‘‘(D) In carrying out professional develop- tive Hawaiians than for the entire tional program and the operation and man- ment under this paragraph an elementary State of Hawaii. The Native Hawaiian agement of the school; school or secondary school shall give par- ‘‘(4) to improve knowledge of State content mortality rate associated with hyper- ticular attention to professional develop- tension is 84 percent higher than that and performance standards and appropriate ment that incorporates technology used to related curriculum; improve teaching and learning.’’. for the rest of the State. These are just ‘‘(5) to improve the development of effec- (c) PROFESSIONAL DEVELOPMENT.—Section a few of the health status indicators at tive programs, the assessment of program ef- 1119(b) (20 U.S.C. 6320(b)) is amended— which the health care programs and fectiveness, and other related programs; (1) in paragraph (1)— services authorized by the Native Ha- ‘‘(6) to enhance and develop school man- (A) in subparagraph (D), by striking ‘‘and’’ waiian Health Care Improvement Act agement and business skills; after the semicolon; ‘‘(7) to improve training in school safety are targeted. (B) in subparagraph (E), by striking the pe- Through the training of Native Ha- and discipline; riod and inserting ‘‘; and’’; and ‘‘(8) to improve training in school finance, waiian health care professionals, and (C) by adding at the end the following: the assignment of physicians, nurses, grant-writing and fund-raising; and ‘‘(F) include instruction in the use of tech- ‘‘(9) to improve training regarding school nology.’’; and allied health professionals, and tradi- legal requirements. (2) in paragraph (2)— tional healers to serve the needs of the ‘‘(f) DEFINITION.—For purposes of this sec- (A) by striking subparagraph (D); and Native Hawaiian community, we an- tion, the term ‘State’ means each of the sev- (B) by redesignating subparagraphs (E) ticipate that the objectives established eral States of the United States, the District through (I) as subparagraphs (D) through (H), of Columbia, and the Commonwealth of by the Surgeon General—the Healthy respectively. Puerto Rico. People 2010 goals—as well as kanaka (d) PURPOSES FOR TITLE II.—Section 2002(2) ‘‘SEC. 2502. MODEL NATIONAL PROGRAMS. maoli health objectives—will be at- (20 U.S.C. 6602(2)) is amended— tained. But to do so will require a sus- ‘‘(a) IN GENERAL.—From the amounts re- (1) in subparagraph (E), by striking ‘‘and’’ served under section 2501(b)(1), the Sec- after the semicolon; tained effort and a continuity of au- retary, in consultation with the Commission (2) in subparagraph (F), by striking the pe- thorization and support for health care described in subsection (b), shall develop riod and inserting ‘‘; and’’; and services provided to our most needy model national programs to provide activi- (3) by adding at the end the following: population. ties described in section 2501(e) for elemen- ‘‘(G) uses technology to enhance the teach- Mr. President, I ask unanimous con- tary school and secondary school principals. ing and learning process.’’. sent that the text of this measure be ‘‘(b) COMMISSION.— (e) NATIONAL TEACHER TRAINING PROJECT.— printed in the RECORD. ‘‘(1) IN GENERAL.—The Secretary shall ap- Section 2103(b)(2) (20 U.S.C. 6623(b)(2)) is point a Commission— There being no objection, the bill was amended by adding at the end the following: ordered to be printed in the RECORD, as ‘‘(A) to examine existing professional de- ‘‘(J) Technology.’’. velopment programs for elementary school follows: (f) LOCAL PLAN FOR IMPROVING TEACHING and secondary school principals; and S. 1829 AND LEARNING.—Section 2208(d)(1)(F) (20 ‘‘(B) to provide, not later than 1 year after U.S.C. 6648(d)(1)(F)) is amended by inserting Be it enacted by the Senate and House of the date of enactment of the Quality and Ac- ‘‘, technologies,’’ after ‘‘strategies’’. Representatives of the United States of America countability are Best for Children Act, a re- (g) AUTHORIZED ACTIVITIES.—Section in Congress assembled, port regarding the best practices to help ele- 2210(b)(2)(C) (20 U.S.C. 6650(b)(2)(C)) is amend- SECTION 1. SHORT TITLE. mentary school and secondary school prin- ed by inserting ‘‘, and in particular tech- This Act may be cited as the ‘‘Native Ha- cipals in multiple education environments nology,’’ after ‘‘practices’’. waiian Health Care Improvement Act Reau- across our Nation. (h) HIGHER EDUCATION ACTIVITIES.—Section thorization of 1999’’. ‘‘(2) MEMBERSHIP.—The Commission shall 2211(a)(1)(C) (20 U.S.C. 6651(a)(1)(C)) is amend- SEC. 2. AMENDMENT TO THE NATIVE HAWAIIAN consist of representatives of local edu- ed by inserting ‘‘, including technological in- HEALTH CARE IMPROVEMENT ACT. cational agencies, State educational agen- novation,’’ after ‘‘innovation’’.∑ The Native Hawaiian Health Care Improve- cies, departments of education within insti- ment Act (42 U.S.C. 11701 et seq.) is amended tutions of higher education, elementary By Mr. INOUYE (for himself and to read as follows: school and secondary school principals, edu- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. cation organizations, community and busi- Mr. AKAKA): S. 1929. A bill to amend the Native ‘‘(a) SHORT TITLE.—This Act may be cited ness groups, and labor organizations. as the ‘Native Hawaiian Health Care Im- ‘‘SEC. 2503. GENERAL PROVISIONS. Hawaiian Health Care Improvement provement Act’. ‘‘(a) SUPPLEMENT NOT SUPPLANT.—A State Act to revise and extend such Act; to ‘‘(b) TABLE OF CONTENTS.—The table of educational agency or consortium of State the Committee on Indian Affairs. contents of this Act is as follows:

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14621 ‘‘Sec. 1. Short title; table of contents. ‘‘(B) extended full and complete diplomatic was cited in the Committee Report of the ‘‘Sec. 2. Findings. recognition to the Hawaiian Government; Committee on Territories of the House of ‘‘Sec. 3. Definitions. and Representatives as stating, ‘‘One thing that ‘‘Sec. 4. Declaration of policy. ‘‘(C) entered into treaties and conventions impressed me . . . was the fact that the na- ‘‘Sec. 5. Comprehensive health care mas- with the Hawaiian monarchs to govern com- tives of the islands . . . for whom in a sense ter plan for Native Hawaiians. merce and navigation in 1826, 1842, 1849, 1875 we are trustees, are falling off rapidly in ‘‘Sec. 6. Functions of Papa Ola Lokahi. and 1887. numbers and many of them are in poverty.’’. ‘‘Sec. 7. Native Hawaiian Health Care ‘‘(11) In 1893, John L. Stevens, the United ‘‘(19) In 1938, Congress again acknowledged Systems. States Minister assigned to the sovereign the unique status of the Native Hawaiian ‘‘Sec. 8. Administrative grant for Papa and independent Kingdom of Hawaii, con- people by including in the Act of June 20, Ola Lokahi. spired with a small group of non-Hawaiian 1938 (52 Stat. 781 et seq.), a provision to lease ‘‘Sec. 9. Administration of grants and residents of the Kingdom, including citizens lands within the extension to Native Hawai- of the United States, to overthrow the indig- contracts. ians and to permit fishing in the area ‘‘only enous and lawful government of Hawaii. ‘‘Sec. 10. Assignment of personnel. by native Hawaiian residents of said area or ‘‘(12) In pursuance of that conspiracy, the ‘‘Sec. 11. Native Hawaiian health schol- of adjacent villages and by visitors under United States Minister and the naval rep- arships and fellowships. their guidance’’. ‘‘Sec. 12. Report. resentative of the United States caused armed naval forces of the United States to ‘‘(20) Under the Act entitled ‘‘An Act to ‘‘Sec. 13. Demonstration projects of na- provide for the admission of the State of Ha- tional significance. invade the sovereign Hawaiian Nation in support of the overthrow of the indigenous waii into the Union’’, approved March 18, ‘‘Sec. 14. National Bipartisan Commis- 1959 (73 Stat. 4), the United States trans- sion on Native Hawaiian Health and lawful Government of Hawaii and the ferred responsibility for the administration Care Entitlement. United States Minister thereupon extended of the Hawaiian Home Lands to the State of ‘‘Sec. 15. Rule of construction. diplomatic recognition of a provisional gov- Hawaii but reaffirmed the trust relationship ‘‘Sec. 16. Compliance with Budget Act. ernment formed by the conspirators without which existed between the United States and ‘‘Sec. 17. Severability. the consent of the native people of Hawaii or the lawful Government of Hawaii in viola- the Native Hawaiian people by retaining the ‘‘SEC. 2. FINDINGS. tion of treaties between the 2 nations and of exclusive power to enforce the trust, includ- ‘‘(a) GENERAL FINDINGS.—Congress makes international law. ing the power to approve land exchanges, and the following findings: ‘‘(13) In a message to Congress on Decem- legislative amendments affecting the rights ‘‘(1) Native Hawaiians begin their story ber 18, 1893, then President Grover Cleveland of beneficiaries under such Act. with the Kumulipo which details the cre- reported fully and accurately on these illegal ‘‘(21) Under the Act entitled ‘‘An Act to ation and inter-relationship of all things, in- actions, and acknowledged that by these provide for the admission of the State of Ha- cluding their evolvement as healthy and well acts, described by the President as acts of waii into the Union’’, approved March 18, people. war, the government of a peaceful and 1959 (73 Stat. 4), the United States trans- ‘‘(2) Native Hawaiians are a distinct and friendly people was overthrown, and the ferred responsibility for administration over unique indigenous people with a historical President concluded that a ‘‘substantial portions of the ceded public lands trust not continuity to the original inhabitants of the wrong has thus been done which a due regard retained by the United States to the State of Hawaiian archipelago and have a distinct so- for our national character as well as the Hawaii but reaffirmed the trust relationship ciety organized almost 2,000 years ago. rights of the injured people required that we which existed between the United States and ‘‘(3) Native Hawaiians have never directly should endeavor to repair’’. the Native Hawaiian people by retaining the relinquished to the United States their ‘‘(14) Queen Lili‘uokalani, the lawful mon- legal responsibility of the State for the bet- claims to their inherent sovereignty as a arch of Hawaii, and the Hawaiian Patriotic terment of the conditions of Native Hawai- people or over their national lands, either League, representing the aboriginal citizens ians under section 5(f) of such Act. through their monarchy or through a plebi- of Hawaii, promptly petitioned the United ‘‘(22) The authority of the Congress under scite or referendum. States for redress of these wrongs and for the Constitution to legislate in matters af- ‘‘(4) The health and well-being of Native restoration of the indigenous government of fecting the aboriginal or indigenous peoples Hawaiians are intrinsically tied to their deep the Hawaiian nation, but this petition was of the United States includes the authority feelings and attachment to their lands and not acted upon. to legislate in matters affecting the native seas. ‘‘(15) Further, the United States has ac- peoples of Alaska and Hawaii. ‘‘(5) The long-range economic and social knowledged the significance of these events ‘‘(23) Further, the United States has recog- changes in Hawaii over the 19th and early and has apologized to Native Hawaiians on nized the authority of the Native Hawaiian 20th centuries have been devastating to the behalf of the people of the United States for people to continue to work towards an ap- health and well-being of Native Hawaiians. the overthrow of the Kingdom of Hawaii propriate form of sovereignty as defined by ‘‘(6) The Native Hawaiian people are deter- with the participation of agents and citizens the Native Hawaiian people themselves in mined to preserve, develop and transmit to of the United States, and the resulting depri- provisions set forth in legislation returning future generations their ancestral territory, vation of the rights of Native Hawaiians to and their cultural identity in accordance self-determination in legislation in 1993 the Hawaiian Island of Kaho‘olawe to custo- with their own spiritual and traditional be- (Public Law 103-150; 107 Stat. 1510). dial management by the State of Hawaii in liefs, customs, practices, language, and so- ‘‘(16) In 1898, the United States annexed 1994. cial institutions. In referring to themselves, Hawaii through the Newlands Resolution ‘‘(24) In furtherance of the trust responsi- Native Hawaiians use the term ‘‘Kanaka without the consent of or compensation to bility for the betterment of the conditions of Maoli’’, a term frequently used in the 19th the indigenous people of Hawaii or their sov- Native Hawaiians, the United States has es- century to describe the native people of Ha- ereign government who were thereby denied tablished a program for the provision of com- waii. the mechanism for expression of their inher- prehensive health promotion and disease pre- ‘‘(7) The constitution and statutes of the ent sovereignty through self-government and vention services to maintain and improve State of Hawaii— self- determination, their lands and ocean re- the health status of the Hawaiian people. ‘‘(A) acknowledge the distinct land rights sources. This program is conducted by the Native Ha- of Native Hawaiian people as beneficiaries of ‘‘(17) Through the Newlands Resolution waiian Health Care Systems, the Native Ha- the public lands trust; and and the 1900 Organic Act, the Congress re- waiian Health Scholarship Program and ‘‘(B) reaffirm and protect the unique right ceived 1,750,000 acres of lands formerly owned Papa Ola Lokahi. Health initiatives from of the Native Hawaiian people to practice by the Crown and Government of the Hawai- these and other health institutions and agen- and perpetuate their cultural and religious ian Kingdom and exempted the lands from cies using Federal assistance have begun to customs, beliefs, practices, and language. then existing public land laws of the United lower the century-old morbidity and mor- ‘‘(8) At the time of the arrival of the first States by mandating that the revenue and tality rates of Native Hawaiian people by nonindigenous people in Hawaii in 1778, the proceeds from these lands be ‘‘used solely for providing comprehensive disease prevention, Native Hawaiian people lived in a highly or- the benefit of the inhabitants of the Hawai- health promotion activities and increasing ganized, self-sufficient, subsistence social ian Islands for education and other public the number of Native Hawaiians in the system based on communal land tenure with purposes’’, thereby establishing a special health and allied health professions. This has a sophisticated language, culture, and reli- trust relationship between the United States been accomplished through the Native Ha- gion. and the inhabitants of Hawaii. waiian Health Care Act of 1988 (Public Law ‘‘(9) A unified monarchical government of ‘‘(18) In 1921, Congress enacted the Hawai- 100-579) and its reauthorization in section the Hawaiian Islands was established in 1810 ian Homes Commission Act, 1920 which des- 9168 of Public Law 102-396 (106 Stat. 1948). under Kamehameha I, the first King of Ha- ignated 200,000 acres of the ceded public ‘‘(25) This historical and unique legal rela- waii. lands for exclusive homesteading by Native tionship has been consistently recognized ‘‘(10) Throughout the 19th century and Hawaiians, thereby affirming the trust rela- and affirmed by Congress through the enact- until 1893, the United States— tionship between the United States and the ment of Federal laws which extend to the ‘‘(A) recognized the independence of the Native Hawaiians, as expressed by then Sec- Native Hawaiian people the same rights and Hawaiian Nation; retary of the Interior Franklin K. Lane who privileges accorded to American Indian,

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Alaska Native, Eskimo, and Aleut commu- dents), which is 25 percent higher than that ‘‘(2) INFECTIOUS DISEASE AND ILLNESS.—The nities, including the Native American Pro- for Caucasian Americans (30.25 out of every incidence of AIDS for Native Hawaiians is at grams Act of 1974 (42 U.S.C. 2991 et seq.), the 100,000 residents) and 106 percent higher than least twice as high per 100,000 residents (10.5 American Indian Religious Freedom Act (42 that for Chinese Americans (18.39 out of percent) than that for any other non-Cauca- U.S.C. 1996), the National Museum of the every 100,000 residents); and sian group in the State of Hawaii. American Indian Act (20 U.S.C. 80q et seq.), ‘‘(II) nationally, Native Hawaiians have ‘‘(3) ACCIDENTS.—With respect to acci- and the Native American Graves Protection the third highest mortality rates due to dents— and Repatriation Act (25 U.S.C. 3001 et seq.). breast cancer (25.0 out of every 100,000 resi- ‘‘(A) the death rate for Native Hawaiians ‘‘(26) The United States has also recognized dents) following African Americans (31.4 out from accidents (38.8 out of every 100,000 resi- and reaffirmed the trust relationship to the of every 100,000 residents) and Caucasian dents) is 45 percent higher than that for the Native Hawaiian people through legislation Americans (27.0 out of every 100,000 resi- entire State (26.8 out of every 100,000 resi- which authorizes the provision of services to dents). dents); Native Hawaiians, specifically, the Older ‘‘(iii) CANCER OF THE CERVIX.—Native Ha- ‘‘(B) Native Hawaiian males lose an aver- Americans Act of 1965 (42 U.S.C. 3001 et seq.), waiians have the highest mortality rates age of 14 years of productive life lost from the Developmental Disabilities Assistance from cancer of the cervix in the State of Ha- accidents as compared to 9.8 years for all and Bill of Rights Act Amendments of 1987, waii (3.82 out of every 100,000 residents) fol- other males in Hawaii; and the Veterans‘ Benefits and Services Act of lowed by Filipino Americans (3.33 out of ‘‘(C) Native Hawaiian females lose and av- 1988, the Rehabilitation Act of 1973 (29 U.S.C. every 100,000 residents) and Caucasian Amer- erage of 4 years of productive life lost from 701 et seq.), the Native Hawaiian Health Care icans (2.61 out of every 100,000 residents). accidents but this rate is the highest rate Act of 1988 (Public Law 100-579), the Health ‘‘(iv) LUNG CANCER.—Native Hawaiians among all females in the State of Hawaii. Professions Reauthorization Act of 1988, the have the highest mortality rates from lung ‘‘(4) DENTAL HEALTH.—With respect to den- Nursing Shortage Reduction and Education cancer in the State of Hawaii (90.70 out of tal health— Extension Act of 1988, the Handicapped Pro- every 100,000 residents), which is 61 percent ‘‘(A) Native Hawaiian children exhibit grams Technical Amendments Act of 1988, higher than Caucasian Americans, who rank among the highest rates of dental caries in the Indian Health Care Amendments of 1988, second and 161 percent higher than Japanese the nation, and the highest in the State of and the Disadvantaged Minority Health Im- Americans, who rank third. Hawaii as compared to the 5 other major eth- provement Act of 1990. ‘‘(v) PROSTATE CANCER.—Native Hawaiian nic groups in the State; ‘‘(27) The United States has also affirmed males have the second highest mortality ‘‘(B) the average number of decayed or the historical and unique legal relationship rates due to prostate cancer in the State of filled primary teeth for Native Hawaiian to the Hawaiian people by authorizing the Hawaii (25.86 out of every 100,000 residents) children ages 5 through 9 years was 4.3 as provision of services to Native Hawaiians to with Caucasian Americans having the high- compared with 3.7 for the entire State of Ha- address problems of alcohol and drug abuse est mortality rate from prostate cancer waii and 1.9 for the United States; and under the Anti-Drug Abuse Act of 1986 (Pub- (30.55 out of every 100,000 residents). ‘‘(C) the proportion of Native Hawaiian lic Law 99-570). ‘‘(B) DIABETES.—With respect to diabetes, children ages 5 through 12 years with unmet ‘‘(28) Further, the United States has recog- for the years 1989 through 1991— treatment needs (defined as having active nized that Native Hawaiians, as aboriginal, ‘‘(i) Native Hawaiians had the highest mor- dental caries requiring treatment) is 40 per- indigenous, native peoples of Hawaii, are a tality rate due to diabetes mellitis (34.7 out cent as compared with 33 percent for all unique population group in Hawaii and in of every 100,000 residents) in the State of Ha- other races in the State of Hawaii. the continental United States and has so de- waii which is 130 percent higher than the ‘‘(5) LIFE EXPECTANCY.—With respect to life clared in Office of Management and Budget statewide rate for all other races (15.1 out of expectancy— Circular 15 in 1997 and Presidential Execu- every 100,000 residents); ‘‘(A) Native Hawaiians have the lowest life tive Order No. 13125, dated June 7, 1999. ‘‘(ii) full-blood Hawaiians had a mortality expectancy of all population groups in the ‘‘(29) Despite the United States having ex- rate of 93.3 out of every 100,000 residents, State of Hawaii; pressed its commitment to a policy of rec- which is 518 percent higher than the rate for ‘‘(B) between 1910 and 1980, the life expect- onciliation with the Native Hawaiian people the statewide population of all other races; ancy of Native Hawaiians from birth has for past grievances in Public Law 103-150 (107 and ranged from 5 to 10 years less than that of Stat. 1510) the unmet health needs of the Na- ‘‘(iii) Native Hawaiians who are less than the overall State population average; and tive Hawaiian people remain severe and their full-blood had a mortality rate of 27.1 out of ‘‘(C) the most recent tables for 1990 show health status continues to be far below that every 100,000 residents, which is 79 percent Native Hawaiian life expectancy at birth of the general population of the United higher than the rate for the statewide popu- (74.27 years) to be about 5 years less than States. lation of all other races. that of the total State population (78.85 ‘‘(b) UNMET NEEDS AND HEALTH DISPARI- ‘‘(C) ASTHMA.—With respect to asthma— years). TIES.—Congress finds that the unmet needs ‘‘(i) in 1990, Native Hawaiians comprised 44 ‘‘(6) MATERNAL AND CHILD HEALTH.— and serious health disparities that adversely percent of all asthma cases in the State of ‘‘(A) PRENATAL CARE.—With respect to pre- affect the Native Hawaiian people include Hawaii for those 18 years of age and younger, natal care— the following: and 35 percent of all asthma cases reported; ‘‘(i) as of 1996, Native Hawaiian women ‘‘(1) CHRONIC DISEASE AND ILLNESS.— and have the highest prevalence (21 percent) of ‘‘(A) CANCER.— ‘‘(ii) in 1992, the Native Hawaiian rate for having had no prenatal care during their ‘‘(i) IN GENERAL.—With respect to all can- asthma was 81.7 out of every 1000 residents, first trimester of pregnancy when compared cer— which was 73 percent higher than the rate for to the 5 largest ethnic groups in the State of ‘‘(I) Native Hawaiians have the highest the total statewide population of 47.3 out of Hawaii; cancer mortality rates in the State of Ha- every 1000 residents. ‘‘(ii) of the mothers in the State of Hawaii waii (231.0 out of every 100,000 residents), 45 ‘‘(D) CIRCULATORY DISEASES.— who received no prenatal care throughout percent higher than that for the total State ‘‘(i) HEART DISEASE.—With respect to heart their pregnancy in 1996, 44 percent were Na- population (159.7 out of every 100,000 resi- disease— tive Hawaiian; dents); ‘‘(I) the death rate for Native Hawaiians ‘‘(iii) over 65 percent of the referrals to ‘‘(II) Native Hawaiian males have the high- from heart disease (333.4 out of every 100,000 Healthy Start in fiscal years 1996 and 1997 est cancer mortality rates in the State of residents) is 66 percent higher than for the were Native Hawaiian newborns; and Hawaii for cancers of the lung, liver and pan- entire State of Hawaii (201.1 out of every ‘‘(iv) in every region of the State of Ha- creas and for all cancers combined; 100,000 residents); and waii, many Native Hawaiian newborns begin ‘‘(III) Native Hawaiian females ranked ‘‘(II) Native Hawaiian males have the life in a potentially hazardous circumstance, highest in the State of Hawaii for cancers of greatest years of productive life lost in the far higher than any other racial group. the lung, liver, pancreas, breast, cervix uteri, State of Hawaii where Native Hawaiian ‘‘(B) BIRTHS.—With respect to births— corpus uteri, stomach, and rectum, and for males lose an average of 15.5 years and Na- ‘‘(i) in 1996, 45 percent of the live births to all cancers combined; tive Hawaiian females lose an average of 8.2 Native Hawaiian mothers were infants born ‘‘(IV) Native Hawaiian males have the years due to heart disease, as compared to to single mothers which statistics indicate highest years of productive life lost from 7.5 years for all males in the State of Hawaii put infants at higher risk of low birth weight cancer in the State of Hawaii with 8.7 years and 6.4 years for all females. and infant mortality; compared to 6.4 years for other males; and ‘‘(ii) HYPERTENSION.—The death rate for ‘‘(ii) in 1996, of the births to Native Hawai- ‘‘(V) Native Hawaiian females have 8.2 Native Hawaiians from hypertension (3.5 out ian single mothers, 8 percent were low birth years of productive life lost from cancer in of every 100,000 residents) is 84 percent high- weight (under 2500 grams); and the State of Hawaii as compared to 6.4 years er than that for the entire State (1.9 out of ‘‘(iii) of all low birth weight babies born to for other females in the State of Hawaii; every 100,000 residents). single mothers in the State of Hawaii, 44 per- ‘‘(ii) BREAST CANCER.—With respect to ‘‘(iii) STROKE.—The death rate for Native cent were Native Hawaiian. breast cancer— Hawaiians from stroke (58.3 out of every ‘‘(C) TEEN PREGNANCIES.—With respect to ‘‘(I) Native Hawaiians have the highest 100,000 residents) is 13 percent higher than births— mortality rates in the State of Hawaii from that for the entire State (51.8 out of every ‘‘(i) in 1993 and 1994, Native Hawaiians had breast cancer (37.96 out of every 100,000 resi- 100,000 residents). the highest percentage of teen (individuals

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14623 who were less than 18 years or age) births (8.1 Hawaiians are less than the norm in the ian health care system enters into with the percent) compared to the rate for all other State of Hawaii (6.9 percent and 15.76 percent Secretary or the grant the Native Hawaiian races in the State of Hawaii (3.6 percent); respectively); health care system receives from the Sec- ‘‘(ii) in 1996, nearly 53 percent of all moth- ‘‘(B) Native Hawaiian physicians make up 4 retary pursuant to this Act. ers in Hawaii under 18 years of age were Na- percent of the total physician workforce in ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The tive Hawaiian; the State of Hawaii; and term ‘Native Hawaiian organization’ means ‘‘(iii) lower rates of abortion (a third lower ‘‘(C) in fiscal year 1997, Native Hawaiians any organization— than for the statewide population) among comprised 8 percent of those individuals who ‘‘(A) which serves the interests of Native Hawaiian women may account in part, for earned Bachelor’s Degrees, 14 percent of Hawaiians; and the higher percentage of live births; those individuals who earned professional di- ‘‘(B) which is— ‘‘(iv) in 1995, of the births to mothers age 14 plomas, 6 percent of those individuals who ‘‘(i) recognized by Papa Ola Lokahi for the years and younger in Hawaii, 66 percent were earned Master’s Degrees, and less than 1 per- purpose of planning, conducting, or admin- Native Hawaiian; and cent of individuals who earned doctoral de- istering programs (or portions of programs) ‘‘(v) in 1996, of the births in this same grees at the University of Hawaii. authorized under this Act for the benefit of group, 48 percent were Native Hawaiian. ‘‘SEC. 3. DEFINITIONS. Native Hawaiians; and ETAL MORTALITY.—In 1996, Native ‘‘(D) F ‘‘In this Act: ‘‘(ii) a public or nonprofit private entity. Hawaiian fetal mortality rates comprised 15 ‘‘(6) PAPA OLA LOKAHI.— ‘‘(1) DISEASE PREVENTION.—The term ‘dis- percent of all fetal deaths for the State of ‘‘(A) IN GENERAL.—The term ‘Papa Ola ease prevention’ includes— Hawaii. However, for fetal deaths occurring Lokahi’ means an organization that is com- ‘‘(A) immunizations; in mothers under the age of 18 years, 32 per- posed of public agencies and private organi- ‘‘(B) control of high blood pressure; cent were Native Hawaiian, and for mothers zations focusing on improving the health ‘‘(C) control of sexually transmittable dis- 18 through 24 years of age, 28 percent were status of Native Hawaiians. Board members eases; Native Hawaiians. of such organization may include representa- ‘‘(D) prevention and control of diabetes; ‘‘(7) MENTAL HEALTH.— tion from— ‘‘(E) control of toxic agents; ‘‘(A) ALCOHOL AND DRUG ABUSE.—With re- ‘‘(i) E Ola Mau; spect to alcohol and drug abuse— ‘‘(F) occupational safety and health; ‘‘(ii) the Office of Hawaiian Affairs of the ‘‘(i) Native Hawaiians represent 38 percent ‘‘(G) accident prevention; State of Hawaii; of the total admissions to Department of ‘‘(H) fluoridation of water; ‘‘(iii) Alu Like Inc.; Health, Alcohol, Drugs and Other Drugs, ‘‘(I) control of infectious agents; and ‘‘(iv) the University of Hawaii; funded substance abuse treatment programs; ‘‘(J) provision of mental health care. ‘‘(v) the Hawaii State Department of ‘‘(ii) in 1997, the prevalence of smoking by ‘‘(2) HEALTH PROMOTION.—The term ‘health Health; Native Hawaiians was 28.5 percent, a rate promotion’ includes— ‘‘(vi) the Kamehameha Schools Bishop Es- that is 53 percent higher than that for all ‘‘(A) pregnancy and infant care, including tate, or other Native Hawaiian organization other races in the State of Hawaii which is prevention of fetal alcohol syndrome; responsible for the administration of the Na- 18.6 percent; ‘‘(B) cessation of tobacco smoking; tive Hawaiian Health Scholarship Program; ‘‘(iii) Native Hawaiians have the highest ‘‘(C) reduction in the misuse of alcohol and ‘‘(vii) the Hawaii State Primary Care Asso- prevalence rates of acute drinking (31 per- drugs; ciation, or other organizations responsible cent), a rate that is 79 percent higher than ‘‘(D) improvement of nutrition; for the placement of scholars from the Na- that for all other races in the State of Ha- ‘‘(E) improvement in physical fitness; tive Hawaiian Health Scholarship Program; waii; ‘‘(F) family planning; ‘‘(viii) Ahahui O Na Kauka, the Native Ha- ‘‘(iv) the chronic drinking rate among Na- ‘‘(G) control of stress; waiian Physicians Association; tive Hawaiians is 54 percent higher than that ‘‘(H) reduction of major behavioral risk ‘‘(ix) Ho‘ola Lahui Hawaii, or a health care for all other races in the State of Hawaii; factors and promotion of healthy lifestyle system serving Kaua‘i or Ni‘ihau, and which ‘‘(v) in 1991, 40 percent of the Native Ha- practices; and may be composed of as many health care waiian adults surveyed reported having used ‘‘(I) integration of cultural approaches to centers as are necessary to meet the health marijuana compared with 30 percent for all health and well-being, including traditional care needs of the Native Hawaiians of those other races in the State of Hawaii; and practices relating to the land (‘aina), water islands; ‘‘(vi) nine percent of the Native Hawaiian (wai), and ocean (kai). ‘‘(x) Ke Ola Mamo, or a health care system adults surveyed reported that they are cur- ‘‘(3) NATIVE HAWAIIAN.—The term ‘Native serving the island of O‘ahu and which may be rent users (within the past year) of mari- Hawaiian’ means any individual who is composed of as many health care centers as juana, compared with 6 percent for all other Kanaka Maoli (a descendant of the aborigi- are necessary to meet the health care needs races in the State of Hawaii. nal people who, prior to 1778, occupied and of the Native Hawaiians of that island; ‘‘(B) CRIME.—With respect to crime— exercised sovereignty in the area that now ‘‘(xi) Na Pu‘uwai or a health care system ‘‘(i) in 1996, of the 5,944 arrests that were constitutes the State of Hawaii) as evidenced serving Moloka‘i or Lana‘i, and which may made for property crimes in the State of Ha- by— be composed of as many health care centers waii, arrests of Native Hawaiians comprised ‘‘(A) genealogical records, as are necessary to meet the health care 20 percent of that total; ‘‘(B) Kupuna (elders) or Kama‘aina (long- needs of the Native Hawaiians of those is- ‘‘(ii) Native Hawaiian juveniles comprised term community residents) verification; or lands; a third of all juvenile arrests in 1996; ‘‘(C) birth records of the State of Hawaii. ‘‘(xii) Hui No Ke Ola Pono, or a health care ‘‘(iii) In 1996, Native Hawaiians represented ‘‘(4) NATIVE HAWAIIAN HEALTH CARE SYS- system serving the island of Maui, and which 21 percent of the 8,000 adults arrested for vio- TEM.—The term ‘Native Hawaiian health may be composed of as many health care lent crimes in the State of Hawaii, and 38 care system’ means an entity— centers as are necessary to meet the health percent of the 4,066 juvenile arrests; ‘‘(A) which is organized under the laws of care needs of the Native Hawaiians of that ‘‘(iv) Native Hawaiians are over-rep- the State of Hawaii; island; resented in the prison population in Hawaii; ‘‘(B) which provides or arranges for health ‘‘(xiii) Hui Malama Ola Ha ‘Oiwi, or a ‘‘(v) in 1995 and 1996 Native Hawaiians com- care services through practitioners licensed health care system serving the island of Ha- prised 36.5 percent of the sentenced felon by the State of Hawaii, where licensure re- waii, and which may be composed of as many prison population in Hawaii, as compared to quirements are applicable; health care centers as are necessary to meet 20.5 percent for Caucasian Americans, 3.7 ‘‘(C) which is a public or nonprofit private the health care needs of the Native Hawai- percent for Japanese Americans, and 6 per- entity; ians of that island; cent for Chinese Americans; ‘‘(D) in which Native Hawaiian health ‘‘(xiv) other Native Hawaiian health care ‘‘(vi) in 1995 and 1996 Native Hawaiians practitioners significantly participate in the systems as certified and recognized by Papa made up 45.4 percent of the technical viola- planning, management, monitoring, and Ola Lokahi in accordance with this Act; and tor population, and at the Hawaii Youth Cor- evaluation of health care services; ‘‘(xv) such other member organizations as rectional Facility, Native Hawaiians con- ‘‘(E) which may be composed of as many as the Board of Papa Ola Lokahi may admit stituted 51.6 percent of all detainees in fiscal 8 Native Hawaiian health care systems as from time to time, based upon satisfactory year 1997; and necessary to meet the health care needs of demonstration of a record of contribution to ‘‘(vii) based on anecdotal information from each island’s Native Hawaiians; and the health and well-being of Native Hawai- inmates at the Halawa Correction Facilities, ‘‘(F) which is— ians. Native Hawaiians are estimated to comprise ‘‘(i) recognized by Papa Ola Lokahi for the ‘‘(B) LIMITATION.—Such term does not in- between 60 and 70 percent of all inmates. purpose of planning, conducting, or admin- clude any organization described in subpara- ‘‘(8) HEALTH PROFESSIONS EDUCATION AND istering programs, or portions of programs, graph (A) if the Secretary determines that TRAINING.—With respect to health profes- authorized by this chapter for the benefit of such organization has not developed a mis- sions education and training— Native Hawaiians; and sion statement with clearly defined goals ‘‘(A) Native Hawaiians age 25 years and ‘‘(ii) certified by Papa Ola Lokahi as hav- and objectives for the contributions the or- older have a comparable rate of high school ing the qualifications and the capacity to ganization will make to the Native Hawaiian completion, however, the rates of bacca- provide the services and meet the require- health care systems, and an action plan for laureate degree achievement amongst Native ments under the contract the Native Hawai- carrying out those goals and objectives.

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‘‘(7) PRIMARY HEALTH SERVICES.—The term ‘‘(I) to increase to 80 percent the propor- ‘‘(I) to increase to 85 percent the propor- ‘primary health services’ means— tion of persons with diabetes whose condi- tion of people ages 18 and older who engage ‘‘(A) services of physicians, physicians’ as- tion has been diagnosed; in any leisure time physical activity; and sistants, nurse practitioners, and other ‘‘(II) to increase to at least 20 percent the ‘‘(II) to increase to at least 30 percent the health professionals; proportion of patients with diabetes who an- proportion of people ages 18 and older who ‘‘(B) diagnostic laboratory and radiologic nually obtain lipid assessment (total choles- engage regularly, preferably daily, in sus- services; terol, LDL cholesterol, HDL cholesterol, tained physical activity for at least 30 min- ‘‘(C) preventive health services including triglyceride); and utes per day. perinatal services, well child services, family ‘‘(III) to increase to 52 percent the propor- ‘‘(ii) NUTRITION.—With respect to nutri- planning services, nutrition services, home tion of persons with diabetes who have re- tion— health services, and, generally, all those ceived formal diabetes education. ‘‘(I) to increase to at least 60 percent the prevalence of healthy weight (defined as services associated with enhanced health and ‘‘(iii) CANCER.—With respect to cancer— body mass index equal to or greater than 19.0 wellness. ‘‘(I) to increase to at least 95 percent the and less than 25.0) among all people age 20 ‘‘(D) emergency medical services; proportion of women age 18 and older who and older; ‘‘(E) transportation services as required for have ever received a Pap test and to at least adequate patient care; ‘‘(II) to increase to at least 75 percent the 85 percent those who have received a Pap proportion of people age 2 and older who ‘‘(F) preventive dental services; and test within the preceding 3 years; and ‘‘(G) pharmaceutical and nutraceutical meet the dietary guidelines’ minimum aver- ‘‘(II) to increase to at least 40 percent the age daily goal of at least 5 servings of vege- services. proportion of women age 40 and older who ‘‘(8) SECRETARY.—The term ‘Secretary’ tables and fruits; and have received a breast examination and a ‘‘(III) to increase the use of traditional Na- means the Secretary of Health and Human mammogram within the preceding 2 years. Services. tive Hawaiian foods in all peoples’ diets and ‘‘(iv) DENTAL HEALTH.—With respect to ‘‘(9) TRADITIONAL NATIVE HAWAIIAN HEAL- dietary preferences. dental health— ER.—The term ‘traditional Native Hawaiian ‘‘(iii) LIFESTYLE.—With respect to life- ‘‘(I) to reduce untreated cavities in the pri- healer’ means a practitioner— style— mary and permanent teeth (mixed dentition) ‘‘(A) who— ‘‘(I) to reduce cigarette smoking among so that the proportion of children with de- ‘‘(i) is of Native Hawaiian ancestry; and pregnant women to a prevalence of not more cayed teeth not filled is not more than 12 ‘‘(ii) has the knowledge, skills, and experi- than 2 percent; percent among children ages 2 through 4, 22 ence in direct personal health care of indi- ‘‘(II) to reduce the prevalence of res- percent among children ages 6 through 8, and viduals; and piratory disease, cardiovascular disease, and 15 percent among adolescents ages 8 through ‘‘(B) whose knowledge, skills, and experi- cancer resulting from exposure to tobacco 15; ence are based on demonstrated learning of smoke; Native Hawaiian healing practices acquired ‘‘(II) to increase to at least 70 percent the ‘‘(III) to increase to at least 70 percent the by— proportion of children ages 8 through 14 who proportion of all pregnancies among women ‘‘(i) direct practical association with Na- have received protective sealants in perma- between the ages of 15 and 44 that are planned (intended); and tive Hawaiian elders; and nent molar teeth; and ‘‘(IV) to reduce deaths caused by uninten- ‘‘(ii) oral traditions transmitted from gen- ‘‘(III) to increase to at least 70 percent the tional injuries to not more than 25.9 per eration to generation. proportion of adults age 18 and older using the oral health care system each year. 100,000. ‘‘SEC. 4. DECLARATION OF POLICY. ‘‘(v) MENTAL HEALTH.—With respect to ‘‘(iv) CULTURE.—With respect to culture— ‘‘(a) CONGRESS.—Congress hereby declares mental health— ‘‘(I) to develop and implement cultural val- that it is the policy of the United States in ‘‘(I) to incorporate or support land(‘aina)- ues within the context of the corporate cul- fulfillment of its special responsibilities and based, water(wai)-based, or the ocean(kai)- tures of the Native Hawaiian health care sys- legal obligations to the indigenous people of based programs within the context of mental tems, the Native Hawaiian Health Scholar- Hawaii resulting from the unique and histor- health activities; and ship Program, and Papa Ola Lokahi; and ical relationship between the United States ‘‘(II) to reduce the anger and frustration ‘‘(II) to facilitate the provision of Native and the indigenous people of Hawaii— levels within ‘ohana focusing on building Hawaiian healing practices by Native Hawai- ‘‘(1) to raise the health status of Native positive relationships and striving for bal- ian healers for those clients desiring such as- Hawaiians to the highest possible health ance in living (lokahi) and achieving a sense sistance. level; and of contentment (pono). ‘‘(D) ACCESS.—With respect to access— ‘‘(2) to provide existing Native Hawaiian ‘‘(vi) ASTHMA.—With respect to asthma— ‘‘(i) to increase the proportion of patients health care programs with all resources nec- ‘‘(I) to increase to at least 40 percent the who have coverage for clinical preventive essary to effectuate this policy. proportion of people with asthma who re- services as part of their health insurance; ‘‘(b) INTENT OF CONGRESS.— ceive formal patient education, including in- and ‘‘(1) IN GENERAL.—It is the intent of the ‘‘(ii) to reduce to not more than 7 percent Congress that— formation about community and self-help re- sources, as an integral part of the manage- the proportion of individuals and families ‘‘(A) health care programs having a dem- who report that they did not obtain all the onstrated effect of substantially reducing or ment of their condition; ‘‘(II) to increase to at least 75 percent the health care that they needed. eliminating the over-representation of Na- ‘‘(E) HEALTH PROFESSIONS TRAINING AND tive Hawaiians among those suffering from proportion of patients who receive coun- seling from health care providers on how to EDUCATION.—With respect to health profes- chronic and acute disease and illness and ad- sions training and education— dressing the health needs of Native Hawai- recognize early signs of worsening asthma and how to respond appropriately; and ‘‘(i) to increase the proportion of all de- ians shall be established and implemented; grees in the health professions and allied and and ‘‘(III) to increase to at least 75 percent the proportion of primary care providers who are associated health professions fields awarded ‘‘(B) the Nation meet the Healthy People to members of underrepresented racial and 2010 and Kanaka Maoli health objectives de- trained to provide culturally competent care to ethnic minorities (Native Hawaiians) ethnic minority groups; and scribed in paragraph (2) by the year 2010. ‘‘(ii) to support training activities and pro- seeking health care for chronic obstructive ‘‘(2) HEALTHY PEOPLE AND KANAKA MAOLI grams in traditional Native Hawaiian heal- pulmonary disease. HEALTH OBJECTIVES.—The Healthy People ing practices by Native Hawaiian healers. ‘‘(B) INFECTIOUS DISEASE AND ILLNESS.— 2010 and Kanaka Maoli health objectives de- ‘‘(c) REPORT.—The Secretary shall submit scribed in this paragraph are the following: ‘‘(i) IMMUNIZATIONS.—With respect to im- to the President, for inclusion in each report ‘‘(A) CHRONIC DISEASE AND ILLNESS.— munizations— required to be transmitted to Congress under ‘‘(i) CARDIOVASCULAR DISEASE.—With re- ‘‘(I) to reduce indigenous cases of vaccine- section 11, a report on the progress made in spect to cardiovascular disease— preventable disease; each toward meeting each of the objectives ‘‘(I) to increase to 75 percent the propor- ‘‘(II) to achieve immunization coverage of described in subsection (b)(2). tion of females who are aware that cardio- at least 90 percent among children between ‘‘SEC. 5. COMPREHENSIVE HEALTH CARE MASTER vascular disease (heart disease and stroke) is 19 and 35 months of age; and PLAN FOR NATIVE HAWAIIANS. the leading cause of death for all females. ‘‘(III) to increase to 90 percent the rate of ‘‘(a) DEVELOPMENT.— ‘‘(II) to increase to at least 95 percent the immunization coverage among adults 65 ‘‘(1) IN GENERAL.—The Secretary may make proportion of adults who have had their years of age or older, and 60 percent for high- a grant to, or enter into a contract with, blood pressure measured within the pre- risk adults between 18 and 64 years of age. Papa Ola Lokahi for the purpose of coordi- ceding 2 years and can state whether their ‘‘(ii) SEXUALLY TRANSMITTED DISEASES, HIV; nating, implementing and updating a Native blood pressure was normal or high; and AIDS.—To increase the number of HIV-in- Hawaiian comprehensive health care master ‘‘(III) to increase to at least 75 percent the fected adolescents and adults in care who re- plan designed to promote comprehensive proportion of adults who have had their ceive treatment consistent with current pub- health promotion and disease prevention blood cholesterol checked within the pre- lic health treatment guidelines. services and to maintain and improve the ceding 5 years. ‘‘(C) WELLNESS.— health status of Native Hawaiians, and to ‘‘(ii) DIABETES.—With respect to diabetes— ‘‘(i) EXERCISE.—With respect to exercise— support community-based initiatives that

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14625 are reflective of holistic approaches to ‘‘(A) develop a contractual or other ar- tion’, and ‘primary health services’, as such health. rangement, through memoranda of under- terms are defined in section 3, which are not ‘‘(2) COLLABORATION.—The Papa Ola Lokahi standing or agreement, with the Health Care specifically referred to in subsection (a). shall collaborate with the Office of Hawaiian Financing Administration or the agency of ‘‘(K) Support of culturally appropriate ac- Affairs in carrying out this section. the State which administers or supervises tivities enhancing health and wellness in- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— the administration of a State plan or waiver cluding land-based, water-based, ocean- There are authorized to be appropriated such approved under title XVIII, XIX or title XXI based, and spiritually-based projects and pro- sums as may be necessary to carry out sub- of the Social Security Act for payment of all grams. section (a). or a part of the health care services to per- ‘‘(2) TRADITIONAL HEALERS.—The health ‘‘SEC. 6. FUNCTIONS OF PAPA OLA LOKAHI. sons who are eligible for medical assistance care services referred to in paragraph (1) ‘‘(a) RESPONSIBILITY.—Papa Ola Lokahi under such a State plan or waiver; and which are provided under grants or contracts shall be responsible for the— ‘‘(B) assist in the collection of appropriate under subsection (a) may be provided by tra- ‘‘(1) coordination, implementation, and up- reimbursement for health care services to ditional Native Hawaiian healers. dating, as appropriate, of the comprehensive persons who are entitled to insurance under ‘‘(d) FEDERAL TORT CLAIMS ACT.—Individ- health care master plan developed pursuant title XVIII of the Social Security Act. uals that provide medical, dental, or other to section 5; ‘‘SEC. 7. NATIVE HAWAIIAN HEALTH CARE SYS- services referred to in subsection (a)(1) for ‘‘(2) training for the persons described in TEMS. Native Hawaiian health care systems, in- subparagraphs (B) and (C) of section 7(c)(1); ‘‘(a) COMPREHENSIVE HEALTH PROMOTION, cluding providers of traditional Native Ha- ‘‘(3) identification of and research into the DISEASE PREVENTION, AND PRIMARY HEALTH waiian healing services, shall be treated as if diseases that are most prevalent among Na- SERVICES.— such individuals were members of the Public tive Hawaiians, including behavioral, bio- ‘‘(1) GRANTS AND CONTRACTS.—The Sec- Health Service and shall be covered under medical, epidemiological, and health serv- retary, in consultation with Papa Ola the provisions of section 224 of the Public ices; and Lokahi, may make grants to, or enter into Health Service Act. contracts with, any qualified entity for the ‘‘(4) the development of an action plan out- ‘‘(e) SITE FOR OTHER FEDERAL PAYMENTS.— lining the contributions that each member purpose of providing comprehensive health A Native Hawaiian health care system that organization of Papa Ola Lokahi will make promotion and disease prevention services, receives funds under subsection (a) shall pro- in carrying out the policy of this Act. as well as primary health services, to Native vide a designated area and appropriate staff ‘‘(b) SPECIAL PROJECT FUNDS.—Papa Ola Hawaiians who desire and are committed to to serve as a Federal loan repayment facil- Lokahi may receive special project funds bettering their own health. ity. Such facility shall be designed to enable that may be appropriated for the purpose of ‘‘(2) PREFERENCE.—In making grants and health and allied-health professionals to research on the health status of Native Ha- entering into contracts under this sub- remit payments with respect to loans pro- waiians or for the purpose of addressing the section, the Secretary shall give preference vided to such professionals under any Fed- health care needs of Native Hawaiians. to Native Hawaiian health care systems and eral loan program. ‘‘(c) CLEARINGHOUSE.— Native Hawaiian organizations and, to the ‘‘(f) RESTRICTION ON USE OF GRANT AND ‘‘(1) IN GENERAL.—Papa Ola Lokahi shall extent feasible, health promotion and dis- CONTRACT FUNDS.—The Secretary may not serve as a clearinghouse for— ease prevention services shall be performed make a grant to, or enter into a contract ‘‘(A) the collection and maintenance of through Native Hawaiian health care sys- with, an entity under subsection (a) unless data associated with the health status of Na- tems. the entity agrees that amounts received tive Hawaiians; ‘‘(3) QUALIFIED ENTITY.—An entity is a under such grant or contract will not, di- ‘‘(B) the identification and research into qualified entity for purposes of paragraph (1) rectly or through contract, be expended— diseases affecting Native Hawaiians; if the entity is a Native Hawaiian health ‘‘(1) for any services other than the serv- ‘‘(C) the availability of Native Hawaiian care system. ices described in subsection (c)(1); project funds, research projects and publica- ‘‘(4) LIMITATION ON NUMBER OF ENTITIES.— ‘‘(2) to provide inpatient services; tions; The Secretary may make a grant to, or enter ‘‘(3) to make cash payments to intended re- ‘‘(D) the collaboration of research in the into a contract with, not more than 8 Native cipients of health services; or area of Native Hawaiian health; and Hawaiian health care systems under this ‘‘(4) to purchase or improve real property ‘‘(E) the timely dissemination of informa- subsection during any fiscal year. (other than minor remodeling of existing im- tion pertinent to the Native Hawaiian health ‘‘(b) PLANNING GRANT OR CONTRACT.—In ad- provements to real property) or to purchase care systems. dition to grants and contracts under sub- major medical equipment. ‘‘(2) CONSULTATION.—The Secretary shall section (a), the Secretary may make a grant ‘‘(g) LIMITATION ON CHARGES FOR SERV- consult periodically with Papa Ola Lokahi to, or enter into a contract with, Papa Ola ICES.—The Secretary may not make a grant for the purposes of maintaining the clearing- Lokahi for the purpose of planning Native to, or enter into a contract with, an entity house under paragraph (1) and providing in- Hawaiian health care systems to serve the under subsection (a) unless the entity agrees formation about programs in the Depart- health needs of Native Hawaiian commu- that, whether health services are provided ment that specifically address Native Hawai- nities on each of the islands of O‘ahu, directly or through contract— ian issues and concerns. Moloka‘i, Maui, Hawai‘i, Lana‘i, Kaua‘i, and ‘‘(1) health services under the grant or con- ‘‘(d) FISCAL ALLOCATION AND COORDINATION Ni‘ihau in the State of Hawaii. tract will be provided without regard to abil- OF PROGRAMS AND SERVICES.— ‘‘(c) SERVICES TO BE PROVIDED.— ity to pay for the health services; and ‘‘(1) RECOMMENDATIONS.—Papa Ola Lokahi ‘‘(1) IN GENERAL.—Each recipient of funds shall provide annual recommendations to the under subsection (a) shall ensure that the ‘‘(2) the entity will impose a charge for the Secretary with respect to the allocation of following services either are provided or ar- delivery of health services, and such all amounts appropriated under this Act. ranged for: charge— ‘‘(A) will be made according to a schedule ‘‘(2) COORDINATION.—Papa Ola Lokahi ‘‘(A) Outreach services to inform Native shall, to the maximum extent possible, co- Hawaiians of the availability of health serv- of charges that is made available to the pub- ordinate and assist the health care programs ices. lic; and and services provided to Native Hawaiians. ‘‘(B) Education in health promotion and ‘‘(B) will be adjusted to reflect the income of the individual involved. ‘‘(3) REPRESENTATION ON COMMISSION.—The disease prevention of the Native Hawaiian Secretary, in consultation with Papa Ola population by, wherever possible, Native Ha- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Lokahi, shall make recommendations for waiian health care practitioners, community ‘‘(1) GENERAL GRANTS.—There is authorized Native Hawaiian representation on the outreach workers, counselors, and cultural to be appropriated such sums as may be nec- President’s Advisory Commission on Asian educators. essary for each of fiscal years 2000 through Americans and Pacific Islanders. ‘‘(C) Services of physicians, physicians‘ as- 2010 to carry out subsection (a). ‘‘(e) TECHNICAL SUPPORT.—Papa Ola Lokahi sistants, nurse practitioners or other health ‘‘(2) PLANNING GRANTS.—There is author- shall act as a statewide infrastructure to and allied-health professionals. ized to be appropriated such sums as may be provide technical support and coordination ‘‘(D) Immunizations. necessary for each of fiscal years 2000 of training and technical assistance to the ‘‘(E) Prevention and control of diabetes, through 2010 to carry out subsection (b). Native Hawaiian health care systems. high blood pressure, and otitis media. ‘‘SEC. 8. ADMINISTRATIVE GRANT FOR PAPA OLA ‘‘(f) RELATIONSHIPS WITH OTHER AGEN- ‘‘(F) Pregnancy and infant care. LOKAHI. CIES.— ‘‘(G) Improvement of nutrition. ‘‘(a) IN GENERAL.—In addition to any other ‘‘(1) AUTHORITY.—Papa Ola Lokahi may ‘‘(H) Identification, treatment, control, grant or contract under this Act, the Sec- enter into agreements or memoranda of un- and reduction of the incidence of preventable retary may make grants to, or enter into derstanding with relevant agencies or orga- illnesses and conditions endemic to Native contracts with, Papa Ola Lokahi for— nizations that are capable of providing re- Hawaiians. ‘‘(1) coordination, implementation, and up- sources or services to the Native Hawaiian ‘‘(I) Collection of data related to the pre- dating (as appropriate) of the comprehensive health care systems. vention of diseases and illnesses among Na- health care master plan developed pursuant ‘‘(2) MEDICARE, MEDICAID, SCHIP.—Papa Ola tive Hawaiians. to section 5; Lokahi shall develop or make every reason- ‘‘(J) Services within the meaning of the ‘‘(2) training for the persons described in able effort to— terms ‘health promotion’, ‘disease preven- subparagraphs (B) and (C) of section 7(c)(1);

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14626 CONGRESSIONAL RECORD — SENATE November 16, 1999 ‘‘(3) identification of and research into the describes the use and costs of health services ‘‘SEC. 10. ASSIGNMENT OF PERSONNEL. diseases that are most prevalent among Na- provided under the grant or contract (includ- ‘‘(a) IN GENERAL.—The Secretary may tive Hawaiians, including behavioral, bio- ing the average cost of health services per enter into an agreement with any entity medical, epidemiological, and health serv- user) and that provides such other informa- under which the Secretary may assign per- ices; tion as the Secretary determines to be ap- sonnel of the Department of Health and ‘‘(4) the development of an action plan out- propriate. Human Services with expertise identified by lining the contributions that each member ‘‘(d) CONTRACT EVALUATION.— such entity to such entity on detail for the organization of Papa Ola Lokahi will make ‘‘(1) DETERMINATION OF NONCOMPLIANCE.—If, purposes of providing comprehensive health in carrying out the policy of this Act; as a result of evaluations conducted by the promotion and disease prevention services to ‘‘(5) a clearinghouse function for— Secretary, the Secretary determines that an Native Hawaiians. ‘‘(A) the collection and maintenance of entity has not complied with or satisfac- ‘‘(b) APPLICABLE FEDERAL PERSONNEL PRO- data associated with the health status of Na- torily performed a contract entered into VISIONS.—Any assignment of personnel made tive Hawaiians; under section 7, the Secretary shall, prior to by the Secretary under any agreement en- ‘‘(B) the identification and research into renewing such contract, attempt to resolve tered into under subsection (a) shall be diseases affecting Native Hawaiians; and the areas of noncompliance or unsatisfactory treated as an assignment of Federal per- ‘‘(C) the availability of Native Hawaiian performance and modify such contract to sonnel to a local government that is made in project funds, research projects and publica- prevent future occurrences of such non- accordance with subchapter VI of chapter 33 tions; compliance or unsatisfactory performance. of title 5, United States Code. ‘‘(6) the coordination of the health care ‘‘(2) NONRENEWAL.—If the Secretary deter- ‘‘SEC. 11. NATIVE HAWAIIAN HEALTH SCHOLAR- programs and services provided to Native mines that the noncompliance or unsatisfac- SHIPS AND FELLOWSHIPS. Hawaiians; and tory performance described in paragraph (1) ‘‘(a) ELIGIBILITY.—Subject to the avail- ‘‘(7) the administration of special project with respect to an entity cannot be resolved ability of amounts appropriated under sub- funds. and prevented in the future, the Secretary section (c), the Secretary shall provide funds ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— shall not renew the contract with such enti- through a direct grant or a cooperative There is authorized to be appropriated such ty and may enter into a contract under sec- agreement to Kamehameha Schools Bishop sums as may be necessary for each of fiscal tion 7 with another entity referred to in sub- Estate or another Native Hawaiian organiza- years 2000 through 2010 to carry out sub- section (a)(3) of such section that provides tion or health care organization with experi- section (a). services to the same population of Native ence in the administration of educational ‘‘SEC. 9. ADMINISTRATION OF GRANTS AND CON- Hawaiians which is served by the entity scholarships or placement services for the TRACTS. whose contract is not renewed by reason of purpose of providing scholarship assistance ‘‘(a) TERMS AND CONDITIONS.—The Sec- this paragraph. to students who— retary shall include in any grant made or ‘‘(3) CONSIDERATION OF RESULTS.—In deter- ‘‘(1) meet the requirements of section 338A contract entered into under this Act such mining whether to renew a contract entered of the Public Health Service Act, except for terms and conditions as the Secretary con- into with an entity under this Act, the Sec- siders necessary or appropriate to ensure assistance as provided for under subsection retary shall consider the results of the eval- that the objectives of such grant or contract (b)(2); and uations conducted under this section. are achieved. ‘‘(2) are Native Hawaiians. ‘‘(4) APPLICATION OF FEDERAL LAWS.—All ‘‘(b) PERIODIC REVIEW.—The Secretary ‘‘(b) TERMS AND CONDITIONS.— shall periodically evaluate the performance contracts entered into by the Secretary ‘‘(1) IN GENERAL.—The scholarship assist- of, and compliance with, grants and con- under this Act shall be in accordance with ance under subsection (a) shall be provided tracts under this Act. all Federal contracting laws and regulations, under the same terms and subject to the ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—The except that, in the discretion of the Sec- same conditions, regulations, and rules as Secretary may not make a grant or enter retary, such contracts may be negotiated apply to scholarship assistance provided into a contract under this Act with an entity without advertising and may be exempted under section 338A of the Public Health Serv- unless the entity— from the provisions of the Act of August 24, ice Act (except as provided for in paragraph ‘‘(1) agrees to establish such procedures for 1935 (40 U.S.C. 270a et seq.). (2)), except that— fiscal control and fund accounting as may be ‘‘(5) PAYMENTS.—Payments made under ‘‘(A) the provision of scholarships in each necessary to ensure proper disbursement and any contract entered into under this Act type of health care profession training shall accounting with respect to the grant or con- may be made in advance, by means of reim- correspond to the need for each type of tract; bursement, or in installments and shall be health care professional to serve the Native ‘‘(2) agrees to ensure the confidentiality of made on such conditions as the Secretary Hawaiian health care systems identified by records maintained on individuals receiving deems necessary to carry out the purposes of Papa Ola Lokahi; health services under the grant or contract; this Act. ‘‘(B) to the maximum extent practicable, ‘‘(3) with respect to providing health serv- ‘‘(e) LIMITATION ON USE OF FUNDS FOR AD- the Secretary shall select scholarship recipi- ices to any population of Native Hawaiians, MINISTRATIVE EXPENSES.—Except with re- ents from a list of eligible applicants sub- a substantial portion of which has a limited spect to grants and contracts under section mitted by the Kamehameha Schools Bishop ability to speak the English language— 8, the Secretary may not make a grant to, or Estate or the Native Hawaiian organization ‘‘(A) has developed and has the ability to enter into a contract with, an entity under administering the program; carry out a reasonable plan to provide health this Act unless the entity agrees that the en- ‘‘(C) the obligated service requirement for services under the grant or contract through tity will not expend more than 15 percent of each scholarship recipient (except for those individuals who are able to communicate the amounts received pursuant to this Act receiving assistance under paragraph (2)) with the population involved in the language for the purpose of administering the grant or shall be fulfilled through service, in order of and cultural context that is most appro- contract. priority, in— priate; and ‘‘(f) REPORT.— ‘‘(i) any one of the Native Hawaiian health ‘‘(B) has designated at least 1 individual, ‘‘(1) IN GENERAL.—For each fiscal year dur- care systems; or fluent in both English and the appropriate ing which an entity receives or expends ‘‘(ii) health professions shortage areas, language, to assist in carrying out the plan; funds pursuant to a grant or contract under medically underserved areas, or geographic ‘‘(4) with respect to health services that this Act, such entity shall submit to the Sec- areas or facilities similarly designated by are covered in the plan of the State of Ha- retary and to Papa Ola Lokahi an annual re- the United States Public Health Service in waii approved under title XIX of the Social port— the State of Hawaii; Security Act— ‘‘(A) on the activities conducted by the en- ‘‘(D) the provision of counseling, retention ‘‘(A) if the entity will provide under the tity under the grant or contract; and other support services shall not be lim- grant or contract any such health services ‘‘(B) on the amounts and purposes for ited to scholarship recipients, but shall also directly— which Federal funds were expended; and include recipients of other scholarship and ‘‘(i) the entity has entered into a participa- ‘‘(C) containing such other information as financial aid programs enrolled in appro- tion agreement under such plans; and the Secretary may request. priate health professions training programs. ‘‘(ii) the entity is qualified to receive pay- ‘‘(2) AUDITS.—The reports and records of ‘‘(E) financial assistance may be provided ments under such plan; and any entity concerning any grant or contract to scholarship recipients in those health pro- ‘‘(B) if the entity will provide under the under this Act shall be subject to audit by fessions designated in such section 338A grant or contract any such health services the Secretary, the Inspector General of the while they are fulfilling their service re- through a contract with an organization— Department of Health and Human Services, quirement in any one of the Native Hawaiian ‘‘(i) the organization has entered into a and the Comptroller General of the United health care systems or community health participation agreement under such plan; States. centers. and ‘‘(g) ANNUAL PRIVATE AUDIT.—The Sec- ‘‘(2) FELLOWSHIPS.—Financial assistance ‘‘(ii) the organization is qualified to re- retary shall allow as a cost of any grant through fellowships may be provided to Na- ceive payments under such plan; and made or contract entered into under this Act tive Hawaiian applicants accepted and par- ‘‘(5) agrees to submit to the Secretary and the cost of an annual private audit con- ticipating in a certificated program provided to Papa Ola Lokahi an annual report that ducted by a certified public accountant. by a traditional Native Hawaiian healer in

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traditional Native Hawaiian healing prac- ‘‘(b) NONREDUCTION IN OTHER FUNDING.— ‘‘(d) DUTIES OF THE COMMISSION.—The Com- tices including lomi-lomi, la‘au lapa‘au, and The allocation of funds for demonstration mission shall carry out the following duties ho‘oponopono. Such assistance may include projects under subsection (a) shall not result and functions: a stipend or reimbursement for costs associ- in a reduction in funds required by the Na- ‘‘(1) Review and analyze the recommenda- ated with participation in the program. tive Hawaiian health care systems, the Na- tions of the report of the study committee ‘‘(3) RIGHTS AND BENEFITS.—Scholarship re- tive Hawaiian Health Scholarship Program, established under paragraph (3). cipients in health professions designated in or Papa Ola Lokahi to carry out their re- ‘‘(2) Make recommendations to Congress section 338A of the Public Health Service Act spective responsibilities under this Act. for the provision of health services to Native while fulfilling their service requirements Hawaiian individuals as an entitlement, giv- ‘‘SEC. 14. NATIONAL BIPARTISAN COMMISSION shall have all the same rights and benefits of ON NATIVE HAWAIIAN HEALTH CARE ing due regard to the effects of a program on members of the National Health Service ENTITLEMENT. existing health care delivery systems for Na- Corps during their period of service. tive Hawaiians and the effect of such pro- ‘‘(a) ESTABLISHMENT.—There is hereby es- ‘‘(4) NO INCLUSION OF ASSISTANCE IN GROSS grams on self-determination and their rec- tablished a National Bipartisan Native Ha- INCOME.—Financial assistance provided to onciliation. scholarship recipients for tuition, books and waiian Health Care Entitlement Commission ‘‘(3) Establish a study committee to be other school-related expenditures under this (referred to in this Act as the ‘Commission’). composed of at least 10 members from the section shall not be included in gross income ‘‘(b) MEMBERSHIP.—The Commission shall Commission, including 4 members of the for purposes of the Internal Revenue Code of be composed of 21 members to be appointed members appointed under subsection (b)(1), 5 1986. as follows: of the members appointed under subsection ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) CONGRESSIONAL MEMBERS.— (b)(2), and 1 of the members appointed by the There is authorized to be appropriated such ‘‘(A) APPOINTMENT.—Eight members of the Secretary under subsection (b)(3), which sums as may be necessary for each of fiscal Commission shall be members of Congress, of shall— years 2000 through 2010 for the purpose of which— ‘‘(A) to the extent necessary to carry out funding the scholarship assistance program ‘‘(i) two members shall be from the House its duties, collect and compile data nec- under subsection (a). of Representatives and shall be appointed by essary to understand the extent of Native ‘‘SEC. 12. REPORT. the Majority Leader; Hawaiian needs with regards to the provision ‘‘The President shall, at the time the budg- ‘‘(ii) two members shall be from the House of health services, including holding hear- et is submitted under section 1105 of title 31, of Representatives and shall be appointed by ings and soliciting the views of Native Ha- United States Code, for each fiscal year the Minority Leader; waiians and Native Hawaiian organizations, transmit to Congress a report on the ‘‘(iii) two members shall be from the Sen- and which may include authorizing and fund- progress made in meeting the objectives of ate and shall be appointed by the Majority ing feasibility studies of various models for this Act, including a review of programs es- Leader; and all Native Hawaiian beneficiaries and their tablished or assisted pursuant to this Act ‘‘(iv) two members shall be from the Sen- families, including those that live on the and an assessment and recommendations of ate and shall be appointed by the Minority United States continent; additional programs or additional assistance Leader. ‘‘(B) make recommendations to the Com- necessary to, at a minimum, provide health ‘‘(B) RELEVANT COMMITTEE MEMBERSHIP.— mission for legislation that will provide for services to Native Hawaiians, and ensure a The members of the Commission appointed the culturally-competent and appropriate health status for Native Hawaiians, which under subparagraph (A) shall each be mem- provision of health services for Native Ha- are at a parity with the health services bers of the committees of Congress that con- waiians as an entitlement, which shall, at a available to, and the health status of, the sider legislation affecting the provision of minimum, address issues of eligibility and general population. health care to Native Hawaiians and other benefits to be provided, including rec- ‘‘SEC. 13. DEMONSTRATION PROJECTS OF NA- Native American. ommendations regarding from whom such TIONAL SIGNIFICANCE. ‘‘(C) CHAIRPERSON.—The members of the health services are to be provided and the ‘‘(a) AUTHORITY AND AREAS OF INTEREST.— Commission appointed under subparagraph The Secretary, in consultation with Papa cost and mechanisms for funding of the Ola Lokahi, may allocate amounts appro- (A) shall elect the chairperson and vice- health services to be provided; priated under this Act, or any other Act, to chairperson of the Commission. ‘‘(C) determine the effect of the enactment carry out Native Hawaiian demonstration ‘‘(2) HAWAIIAN HEALTH MEMBERS.—Eleven of such recommendations on the existing projects of national significance. The areas members of the Commission shall be ap- system of delivery of health services for Na- of interest of such projects may include— pointed by Hawaiian health entities, of tive Hawaiians; ‘‘(1) the education of health professionals, which— ‘‘(D) determine the effect of a health serv- and other individuals in institutions of high- ‘‘(A) five members shall be appointed by ice entitlement program for Native Hawaiian er learning, in health and allied health pro- the Native Hawaiian Health Care Systems; individuals on their self-determination and grams in complementary healing practices, ‘‘(B) one member shall be appointed by the the reconciliation of their relationship with including Native Hawaiian healing practices; Hawaii State Primary Care Association; the United States; ‘‘(2) the integration of Western medicine ‘‘(C) one member shall be appointed by ‘‘(E) not later than 12 months after the with complementary healing practices in- Papa Ola Lokahi; date of the appointment of all members of cluding traditional Native Hawaiian healing ‘‘(D) one member shall be appointed by the the Commission, make a written report of its practices; State Council of Hawaiian Homestead Asso- findings and recommendations to the Com- ‘‘(3) the use of tele-wellness and tele- ciations; mission, which report shall include a state- communications in chronic disease manage- ‘‘(E) one member shall be appointed by the ment of the minority and majority position ment and health promotion and disease pre- Office of Hawaiian Affairs; and of the committee and which shall be dissemi- vention; ‘‘(F) two members shall be appointed by nated, at a minimum, to Native Hawaiian or- ‘‘(4) the development of appropriate models the Association of Hawaiian Civic Clubs and ganizations and agencies and health organi- of health care for Native Hawaiians and shall represent Native Hawaiian populations zations referred to in subsection (b)(2) for other indigenous people including the provi- on the United States continent. comment to the Commission; and sion of culturally competent health services, ‘‘(3) SECRETARIAL MEMBERS.—Two members ‘‘(F) report regularly to the full Commis- related activities focusing on wellness con- of the Commission shall be appointed by the sion regarding the findings and recommenda- cepts, the development of appropriate Secretary and shall possess knowledge of the tions developed by the committee in the kupuna care programs, and the development health concerns and wellness issues facing course of carrying out its duties under this of financial mechanisms and collaborative Native Hawaiians. section. relationships leading to universal access to ‘‘(c) TERMS.— ‘‘(4) Not later than 18 months after the health care; ‘‘(1) IN GENERAL.—The members of the date of the appointment of all members of ‘‘(5) the development of a centralized data- Commission shall serve for the life of the the Commission, submit a written report to base and information system relating to the Commission. Congress containing a recommendation of health care status, heath care needs, and ‘‘(2) INITIAL APPOINTMENT OF MEMBERS.— policies and legislation to implement a pol- wellness of Native Hawaiians; and The members of the Commission shall be ap- icy that would establish a health care sys- ‘‘(6) the establishment of a Native Hawai- pointed under subsection (b)(1) not later tem for Native Hawaiians, grounded in their ian Center of Excellence for Nursing at the than 90 days after the date of enactment of culture, and based on the delivery of health University of Hawaii at Hilo, a Native Ha- this Act, and the remaining members of the services as an entitlement, together with a waiian Center of Excellence for Mental Commission shall be appointed not later determination of the implications of such an Health at the University of Hawaii at than 60 days after the date on which the entitlement system on existing health care Manoa, a Native Hawaiian Center of Excel- members are appointed under such sub- delivery systems for Native Hawaiians and lence for Maternal Health and Nutrition at section (b)(1). their self-determination and the reconcili- the Waimanalo Health Center, and a Native ‘‘(3) VACANCIES.—A vacancy in the mem- ation of their relationship with the United Hawaiian Center of Excellence for Research, bership of the Commission shall be filled in States. Training, and Integrated Medicine at the manner in which the original appoint- ‘‘(e) ADMINISTRATIVE PROVISIONS.— Molokai General Hospital. ment was made. ‘‘(1) COMPENSATION AND EXPENSES.—

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‘‘(A) CONGRESSIONAL MEMBERS.—Each the Commission, including at least 1 member cal year only to such extent or in such member of the Commission appointed under of Congress, must be present. Hearings held amounts as are provided for in appropriation subsection (b)(1) shall not receive any addi- by the study committee established under Acts. tional compensation, allowances, or benefits subsection (d)(3) may be counted towards the ‘‘SEC. 17. SEVERABILITY. by reason of their service on the Commis- number of hearings required under this para- ‘‘If any provision of this Act, or the appli- sion. Such members shall receive travel ex- graph. cation of any such provision to any person or penses and per diem in lieu of subsistence in ‘‘(2) STUDIES BY THE GENERAL ACCOUNTING circumstances is held to be invalid, the re- accordance with sections 5702 and 5703 of OFFICE.—Upon the request of the Commis- mainder of this Act, and the application of title 5, United States Code. sion, the Comptroller General shall conduct such provision or amendment to persons or ‘‘(B) OTHER MEMBERS.—The members of the such studies or investigations as the Com- circumstances other than those to which it Commission appointed under paragraphs (2) mission determines to be necessary to carry is held invalid, shall not be affected there- and (3) of subsection (b) shall, while serving out its duties. by.’’. on the business of the Commission (including ‘‘(3) COST ESTIMATES.— travel time), receive compensation at the per ‘‘(A) IN GENERAL.—The Director of the Con- By Mr. HATCH (for himself and diem equivalent of the rate provided for indi- gressional Budget Office or the Chief Actu- Mr. LEAHY): viduals under level IV of the Executive ary of the Health Care Financing Adminis- Schedule under section 5315 of title 5, United S. 1931. A bill to provide a more just tration, or both, shall provide to the Com- and uniform procedure for Federal civil States Code, and while serving away from mission, upon the request of the Commis- their home or regular place of business, be sion, such cost estimates as the Commission forfeitures, and for other purposes; to allowed travel expenses, as authorized by the determines to be necessary to carry out its the Committee on the Judiciary. chairperson of the Commission. duties. CIVIL ASSET FORFEITURE REFORM ACT ‘‘(C) OTHER PERSONNEL.—For purposes of ‘‘(B) REIMBURSEMENTS.—The Commission Mr. HATCH. Mr. President, today compensation (other than compensation of shall reimburse the Director of the Congres- Senator LEAHY and I are introducing a the members of the Commission) and em- sional Budget Office for expenses relating to ployment benefits, rights, and privileges, all civil asset forfeiture reform bill. the employment in the office of the Director First and foremost, I want to empha- personnel of the Commission shall be treated of such additional staff as may be necessary as if they were employees of the Senate. for the Director to comply with requests by size that civil asset forfeiture is an im- ‘‘(2) MEETINGS AND QUORUM.— the Commission under subparagraph (A). portant tool in America’s fight against ‘‘(A) MEETINGS.—The Commission shall ‘‘(4) DETAIL OF FEDERAL EMPLOYEES.—Upon crime and drugs. Last year, the federal meet at the call of the chairperson. the request of the Commission, the head of government seized nearly $500 million ‘‘(B) QUORUM.—A quorum of the Commis- any Federal agency is authorized to detail, in assets. It is vitally important that sion shall consist of not less than 12 mem- without reimbursement, any of the personnel the fruits of crime and the property bers, of which— of such agency to the Commission to assist ‘‘(i) not less than 4 of such members shall used to commit crimes are forfeited to the Commission in carrying out its duties. the government. In recent years, how- be appointees under subsection (b)(1)l; Any such detail shall not interrupt or other- ‘‘(ii) not less than 7 of such members shall wise affect the civil service status or privi- ever, there have been numerous exam- be appointees under subsection (b)(2); and leges of the Federal employees. ples of civil asset forfeiture actions ‘‘(iii) not less than 1 of such members shall ‘‘(5) TECHNICAL ASSISTANCE.—Upon the re- that should not have been taken. While be an appointee under subsection (b)(3). quest of the Commission, the head of any the vast majority of civil asset for- ‘‘(3) DIRECTOR AND STAFF.— Federal agency shall provide such technical feiture actions are justified, there have ‘‘(A) EXECUTIVE DIRECTOR.—The members assistance to the Commission as the Com- of the Commission shall appoint an execu- been cases in which government offi- mission determines to be necessary to carry tive director of the Commission. The execu- cials did not use good judgment. Some out its duties. tive director shall be paid the rate of basic would even say that civil asset for- ‘‘(6) USE OF MAILS.—The Commission may pay equal to that under level V of the Execu- use the United States mails in the same feiture has been abused in some in- tive Schedule under section 5316 of title 5, stances by overzealous law enforce- United States Code. manner and under the same conditions as Federal agencies and shall, for purposes of ment officials. ‘‘(B) STAFF.—With the approval of the I will mention just a few examples of Commission, the executive director may ap- the frank, be considered a commission of point such personnel as the executive direc- Congress as described in section 3215 of title such imprudent civil forfeiture actions. tor deems appropriate. 39, United States Code. In United States v. $506,231, 125 F.3d 442 BTAINING INFORMATION ‘‘(C) APPLICABILITY OF CIVIL SERVICE ‘‘(7) O .—The Com- (7th Cir. 1997), the court dismissed a mission may secure directly from any Fed- LAWS.—The staff of the Commission shall be forfeiture action involving $506,231 and appointed without regard to the provisions eral agency information necessary to enable scolded the government for its conduct. of title 5, United States Code, governing ap- the Commission to carry out its duties, if the information may be disclosed under sec- In this case, state authorities obtained pointments in the competitive service, and a warrant to search a pizzeria for sto- shall be paid without regard to the provi- tion 552 of title 5, United States Code. Upon sions of chapter 51 and subchapter III of request of the chairperson of the Commis- len goods. During the search of the res- chapter 53 of such title (relating to classi- sion, the head of such agency shall furnish taurant, authorities did not find any fication and General Schedule pay rates). such information to the Commission. stolen goods, but they did discover a ‘‘(D) EXPERTS AND CONSULTANTS.—With the ‘‘(8) SUPPORT SERVICES.—Upon the request large amount of currency. Criminal approval of the Commission, the executive of the Commission, the Administrator of charges were not filed against the own- director may procure temporary and inter- General Services shall provide to the Com- ers of the restaurant. Nevertheless, al- mittent services under section 3109(b) of title mission on a reimbursable basis such admin- istrative support services as the Commission leging that the currency was related to 5, United States Code. narcotics, the federal government filed ‘‘(E) FACILITIES.—The Administrator of the may request. General Services Administration shall locate ‘‘(9) PRINTING.—For purposes of costs relat- a civil complaint for forfeiture of the suitable office space for the operations of the ing to printing and binding, including the $506,231. Commission in the State of Hawaii. The fa- cost of personnel detailed from the Govern- Four years after the money was cilities shall serve as the headquarters of the ment Printing Office, the Commission shall seized, the court dismissed the for- Commission and shall include all necessary be deemed to be a committee of Congress. feiture complaint and returned the cur- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— equipment and incidentals required for the rency to its owner. The court found proper functioning of the Commission. There is authorized to be appropriated $1,500,000 to carry out this section. The that the evidence ‘‘does not come close ‘‘(f) POWERS.— to showing any connection between the ‘‘(1) HEARINGS AND OTHER ACTIVITIES.—For amount appropriated under this subsection purposes of carrying out its duties, the Com- shall not result in a reduction in any other money and narcotics,’’ that ‘‘there is mission may hold such hearings and under- appropriation for health care or health serv- no evidence that drug trafficking was take such other activities as the Commission ices for Native Hawaiians. going on at the pizzeria,’’ and that determines to be necessary to carry out its ‘‘SEC. 15. RULE OF CONSTRUCTION. ‘‘nothing ties this money to any nar- duties, except that at least 8 hearings shall ‘‘Nothing in this Act shall be construed to cotics activities that the government be held on each of the Hawaiian Islands and restrict the authority of the State of Hawaii knew about or charged, or to any crime 3 hearings in the continental United States to license health practitioners. that was occurring when the govern- in areas where large numbers of Native Ha- ‘‘SEC. 16. COMPLIANCE WITH BUDGET ACT. ment attempted to seize the property.’’ waiians are present. Such hearings shall be ‘‘Any new spending authority (described in held to solicit the views of Native Hawaiians subparagraph (A) of (B) of section 401(c)(2) of At the conclusion of the case, the court regarding the delivery of health care services the Congressional Budget Act of 1974 (2 stated that ‘‘we believe the govern- to such individuals. To constitute a hearing U.S.C. 651(c)(2)(A) or (B))) which is provided ment’s conduct in forfeiture cases under this paragraph, at least 4 members of under this Act shall be effective for any fis- leaves much to be desired.’’

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14629 Even more disturbing is United States character or competency of federal law ican. The framers of our Constitution v. $14,665, 33 F. Supp. 2d 47 (D. Mass. enforcement officials. Senator LEAHY would be appalled to know that the fed- 1998). In this case, airline officials in- and I drafted this bill to improve civil eral government, after seizing private formed the police that a passenger, asset forfeiture law and ensure the con- property, required the property owner Manuel Espinola, was carrying a large tinued use of civil asset forfeiture in to post a bond in order to contest the amount of currency in a briefcase. The appropriate cases. seizure. police questioned Espinola about the The Hatch-Leahy bill makes impor- tant improvements to existing law. I The Justice Department argues that $14,665 in cash. Espinola, a 23-year-old the cost bond requirement reduces friv- man who purchased the plane ticket in will describe a few of these improve- ments today. The first major reform olous claims. To address this concern, his own name, told the police that he the Hatch-Leahy bill requires that a and his brother earned the money sell- places the burden of proof in civil asset person who challenges a forfeiture ing personal care products for a com- forfeiture cases on the government must file his claim to the property pany called Equinox International. throughout the proceeding. Under cur- under oath, subject to penalty of per- When the police asked Espinola what rent law, the government is only re- jury. I predict that eliminating the the money was going to be used for, he quired to make an initial showing of cost bond will produce, at most, minor stated that he was planning to move to probable cause that the property is inconveniences because persons who Las Vegas and intended to use the cash connected to criminal activity and is file frivolous claims will be deterred by as a down payment on a home. thus subject to forfeiture. After the the substantial legal fees and costs in- Espinola told police that he did not de- government makes this modest show- curred in contesting the forfeiture. posit the currency in a bank because he ing, the burden then shifts to the prop- After all, who is willing to hire counsel was afraid that it might be attached erty owner to prove that the property and pay other expenses to litigate a due to a prior credit problem. Espinola was not involved in criminal activity. frivolous claim, especially when sub- also gave the police a pager number of Not surprisingly, the fact that the ject to penalty of perjury? a co-worker who he said could verify property owner bears the burden of his employment and his plans in Las proving the property is not subject to Another reform in the Hatch-Leahy Vegas. forfeiture has been extensively criti- bill addresses the situation in which Based on Espinola’s explanation, the cized by the federal judiciary and nu- the government’s possession of seized police officer seized the money because merous legal commentators. As one property pending trial causes hardship the officer believed it was related to federal court that has been particu- to the property owner. Under current purchase narcotics. The officer did not larly critical of civil asset forfeiture law, the government maintains posses- arrest Espinola, who had no criminal noted, placing the burden of proof on sion of seized property pending trial record. the property owner is a ‘‘constitutional even if it causes hardship to the prop- After the seizure, in an attempt to anomaly.’’ United States v. $49,576, 116 erty owner. A common example of such get his money back, Espinola sub- F.3d 425 (9th. Cir. 1997). The court in hardship is where the government mitted documents that largely con- $49,576 even questioned whether requir- seizes an automobile, and the seizure firmed his explanation of the currency, ing a property owner to bear the bur- prevents the property owner or mem- including receipts for personal care den of proof in a civil forfeiture action bers of the property owner’s family products from Equinox International is constitutional: ‘‘We would find it from getting to and from work pending and copies of a settlement check from surprising were the Constitution to the forfeiture trial. The Hatch-Leahy a personal injury claim. By contrast, permit such an important decision to bill changes current law to allow, but the government offered no additional turn on a meager burden of proof like not require, the court to release prop- evidence that the currency was related probable cause.’’ erty pending trial if the court deter- to drugs and was subject to forfeiture. I, too, believe that placing the bur- mines that the hardship to the prop- The court granted summary judg- den of proof on the property owner con- erty owner of continued possession by ment to Espinola and, in its order, tradicts our nation’s traditional no- the government outweighs the risk harshly criticized the forfeiture action. tions of justice and fairness. Under the that the property will be damaged or The court stated: ‘‘Even in the byzan- Hatch-Leahy bill, the government will lost. This is a common sense reform tine world of forfeiture law, this case is have the burden in civil forfeiture ac- that allows the court to release prop- an example of overreaching. The gov- tions to prove by the preponderance of erty in appropriate cases. ernment’s showing of probable cause is the evidence that the property is con- Another reform in the Hatch-Leahy completely inadequate, based on a nected with criminal activity and is bill involves reimbursement of attor- troubling mix of baseless generaliza- subject to forfeiture. ney fees. The Hatch-Leahy bill awards tions, leaps of logic or worse, blatant Another major reform in the Hatch- attorney fees and costs to property ethnic stereotyping.’’ Nearly two years Leahy bill involves what is known as owners who prevail against the govern- after the police seized his money with- the cost bond. Under current civil for- ment in civil forfeiture cases. The out any evidence it was related to nar- feiture law, a property owner must costs of contesting a civil forfeiture of cotics, the court returned the currency post a cost bond of the lessor of $5,000 property can be substantial. The award to Espinola. or 10 percent of the value of the prop- Other federal courts have also criti- erty seized in order to contest a seizure of attorney fees and costs to property cized federal civil forfeiture actions. of property. It is important to note owners who prevail against the govern- For example, in 1992, the Second Cir- that the cost bond merely allows the ment in civil forfeiture cases is justi- cuit Court of Appeals stated: ‘‘We con- property owner to contest the for- fied because unlike criminal forfeiture tinue to be enormously troubled by the feiture. It does not entitle the property actions, the property owner is not government’s increasing and virtually owner to the return of the property charged with a crime. Instead, the gov- unchecked use of the civil forfeiture pending trial. ernment proceeds ‘‘in rem’’ against the statutes and the disregard for due proc- I believe that it is fundamentally un- property. Given that the government ess that is buried in those statutes.’’ fair to require a person to post a bond does not sue or indict the property While I believe that these and other in order to be allowed to contest the owner, it is unfair for the property cases prove the need for some reform of seizure of property. For example, what owner to have to incur attorney fees civil asset forfeiture law, I want to if the government required persons who and costs when the government does take this opportunity to praise federal were indicted to post a bond to contest not prevail in civil forfeiture actions. law enforcement officials. Federal law the indictment? Such a requirement The award of attorney fees is also enforcement does an outstanding job would be unconstitutional under the justified because the government only fighting crime under the most difficult Sixth Amendment. I believe that re- has to prove its case against the prop- circumstances. In short, Mr. President, quiring a property owner to post a erty by a preponderance of the evi- I believe that the problems with civil bond to contest the seizure of property dence. By contrast, the government asset forfeiture have much more to do is no less objectionable. Such a require- must prove beyond a reasonable doubt with defects in the law than with the ment, Mr. President, seems un-Amer- that property is subject to forfeiture in

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14630 CONGRESSIONAL RECORD — SENATE November 16, 1999 criminal forfeiture actions. If the gov- to which the Government must send written criminal indictment. In such case, the Gov- ernment decides to pursue a civil for- notice to interested parties, such notice ernment’s right to continued possession of feiture action instead of the more dif- shall be sent in a manner to achieve proper the property shall be governed by the appli- ficult to prove criminal forfeiture ac- service as soon as practicable, and in no case cable criminal forfeiture statute. more than 60 days after the date of the sei- ‘‘(D) No complaint may be dismissed on the tion, it should be obligated to pay the zure. ground that the Government did not have attorney fees and costs of the property ‘‘(ii) In a case in which the property is adequate evidence at the time the complaint owner when the property owner pre- seized by a State or local law enforcement was filed to establish the forfeitability of the vails. agency and turned over to a Federal law en- property by a preponderance of the evidence. Mr. President, I would like to empha- forcement agency for the purpose of for- ‘‘(4)(A) In any case in which the Govern- size that while the Hatch-Leahy Civil feiture under Federal law, notice shall be ment files in the appropriate United States sent no more than 90 days after the date of district court a complaint for forfeiture of Asset Forfeiture Reform Act contains property, any person claiming an interest in important reforms; it retains civil for- seizure by the State or local law enforce- ment agency. the seized property may file a claim assert- feiture as an important tool for law en- ‘‘(iii) If the identity or interest of a party ing such person’s interest in the property in forcement. In fact, the Hatch-Leahy is not determined until after the seizure or the manner set forth in the Supplemental bill is a cautious, responsible reform. turnover but is determined before a declara- Rules for Certain Admiralty and Maritime Some would even argue that this bill is tion of forfeiture is entered, notice shall be Claims, except that such claim may be filed too modest. sent to such interested party not later than not later than 30 days after the date of serv- 60 days after the determination by the Gov- ice of the Government’s complaint or, as ap- A comparison of the reforms enacted plicable, not later than 30 days after the date by the State of California in 1993 is in- ernment of the identity of the party or the party’s interest. of final publication of notice of the filing of structive. For example, California ‘‘(B) A court shall extend the period for the complaint. changed its civil forfeiture law to re- sending notice under subparagraph (A) for a ‘‘(B) A person asserting an interest in quire the government to prove beyond period not to exceed 60 days (which period seized property, in accordance with subpara- a reasonable doubt and achieve a re- may be further extended), if the court deter- graph (A), shall file an answer to the Govern- lated criminal conviction in most civil mines, based on a written ex parte certifi- ment’s complaint for forfeiture not later than 20 days after the date of the filing of asset forfeiture cases. The exception to cation of a supervisory official of the seizing agency, that there is reason to believe that the claim. this rule in California involves seizures ‘‘(b) APPOINTMENT OF COUNSEL.—(1) If— notice may have an adverse result, includ- of currency in excess of $25,000. In these ‘‘(A) a person in a judicial civil forfeiture ing— proceeding under a civil forfeiture statute is cases, the State must prove the cur- ‘‘(i) endangering the life or physical safety financially unable to obtain representation rency is subject to forfeiture by clear of an individual; by counsel; and and convincing evidence. Also, Cali- ‘‘(ii) flight from prosecution; ‘‘(B)(i) the property subject to forfeiture is fornia abolished the cost bond in civil ‘‘(iii) destruction of or tampering with evi- real property that is being used by the per- dence; forfeiture cases. son as a primary residence; or ‘‘(iv) intimidation of potential witnesses; In short, California’s reforms go far ‘‘(ii) the person is represented by counsel or beyond anything in the Hatch-Leahy appointed under section 3006A of this title in ‘‘(v) otherwise seriously jeopardizing an in- bill, but these reforms have not under- connection with a related criminal case; vestigation or unduly delaying a trial. the court may appoint or authorize counsel mined civil asset forfeiture as a law en- ‘‘(C) If the Government does not send no- to represent that person with respect to the forcement tool. The modest reforms in tice of a seizure of property in accordance claim, as appropriate. the Hatch-Leahy bill will add much with subparagraph (A) to the person from ‘‘(2) In determining whether to appoint or needed protections for property owners whom the property was seized, and no exten- authorize counsel to represent a person as- at no significant costs to law enforce- sion of time is granted, the Government serting a claim under this subsection, the ment. By making these needed reforms, shall return the property to that person court shall take into account such factors the Hatch-Leahy bill will preserve civil without prejudice to the right of the Govern- as— ment to commence a forfeiture proceeding at forfeiture as a law enforcement tool for ‘‘(A) the person’s standing to contest the a later time. forfeiture; and the future. ‘‘(2)(A) Any person claiming property Lastly, I would like to thank Senator ‘‘(B) whether the claim appears to be made seized in a nonjudicial forfeiture proceeding in good faith. LEAHY and his staff for their tireless ef- may file a claim with the appropriate official ‘‘(3) The court shall set the compensation fort on this legislation. Senator LEAHY after the seizure. for representation under this subsection, has been an advocate for civil asset for- ‘‘(B) A claim under subparagraph (A) may which shall be equivalent to that provided feiture reform for many years. He is be filed not later than the deadline set forth for court-appointed representation under one of the leading champions of civil in a personal notice letter, except that if section 3006A of this title. that letter is not received, then a claim may liberties in the Senate. This legislation ‘‘(c) BURDEN OF PROOF.—In all suits or ac- be filed not later than 30 days after the date tions brought under any civil forfeiture stat- would not have occurred without his of final publication of notice of seizure. ute for the civil forfeiture of any property, interest and persistence, and I thank ‘‘(C) The claim shall state the claimant’s the burden of proof is on the Government to him for his efforts. interest in the property and be made under establish, by a preponderance of the evi- I ask unanimous consent that the bill oath, subject to penalty of perjury. The seiz- dence, that the property is subject to for- and a section-by-section summary of ing agency shall make claim forms generally feiture. The Government may use evidence available on request. the bill be included in the RECORD. gathered after the filing of a complaint for ‘‘(D) Any person may make a claim under forfeiture to establish, by a preponderance of There being no objection, the mate- subparagraph (A) without posting bond with rial was ordered to be printed in the the evidence, that property is subject to for- respect to the property which is the subject feiture. RECORD, as follows: of the claim. ‘‘(d) INNOCENT OWNER DEFENSE.—(1) An in- S. 1931 ‘‘(3)(A) Not later than 90 days after a claim nocent owner’s interest in property shall not Be it enacted by the Senate and House of Rep- has been filed, the Government shall file a be forfeited under any civil forfeiture stat- resentatives of the United States of America in complaint for forfeiture in the manner set ute. The claimant shall have the burden of Congress assembled, forth in the Supplemental Rules for Certain proving that he is an innocent owner by a Admiralty and Maritime Claims or return SECTION 1. SHORT TITLE. preponderance of the evidence. the property pending the filing of a com- ‘‘(2)(A) With respect to a property interest This Act may be cited as the ‘‘Civil Asset plaint, except that a court in the district in in existence at the time the illegal conduct Forfeiture Reform Act’’. which the complaint will be filed may extend giving rise to forfeiture took place, the term SEC. 2. CREATION OF GENERAL RULES RELATING the period for filing a complaint for good ‘innocent owner’ means an owner who— TO CIVIL FORFEITURE PRO- ‘‘(i) did not know of the conduct giving rise CEEDINGS. cause shown or upon agreement of the par- ties. to forfeiture; or (a) IN GENERAL.—Chapter 46 of title 18, ‘‘(B) If the Government does not file a com- ‘‘(ii) upon learning of the conduct giving United States Code, is amended by inserting plaint for forfeiture or return the property, rise to the forfeiture, did all that reasonably after section 981 the following: in accordance with subparagraph (A), it shall could be expected under the circumstances ‘‘§ 981A. General rules for civil forfeiture pro- return the property and may not take any to terminate such use of the property. ceedings further action to effect the civil forfeiture of ‘‘(B)(i) For the purposes of this paragraph, ‘‘(a) NOTICE; CLAIM; COMPLAINT.—(1)(A)(i) such property. ways in which a person may show that such Except as provided in clauses (ii) and (iii), in ‘‘(C) In lieu of, or in addition to, filing a person did all that reasonably could be ex- any nonjudicial civil forfeiture proceeding civil forfeiture complaint, the Government pected may include demonstrating that such under a civil forfeiture statute, with respect may include a forfeiture allegation in a person, to the extent permitted by law—

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14631 ‘‘(I) gave timely notice to an appropriate that the claimant discovered or had reason such currency or other monetary instrument law enforcement agency of information that to discover that the property was forfeited, or electronic funds constitutes the assets of led the person to know the conduct giving subject to the doctrine of laches, except that a legitimate business which has been seized; rise to a forfeiture would occur or has oc- no motion may be filed more than 11 years ‘‘(B) is to be used as evidence of a violation curred; and after the date that the Government’s for- of the law; ‘‘(II) in a timely fashion revoked or at- feiture cause of action accrued. ‘‘(C) by reason of design or other char- tempted to revoke permission for those en- ‘‘(f) RELEASE OF SEIZED PROPERTY.—(1) A acteristic, is particularly suited for use in il- gaging in such conduct to use the property claimant under subsection (a) is entitled to legal activities; or or took reasonable actions in consultation immediate release of seized property if— ‘‘(D) is likely to be used to commit addi- with a law enforcement agency to discourage ‘‘(A) the claimant has a possessory interest tional criminal acts if returned to the claim- or prevent the illegal use of the property. in the property; ant. ‘‘(ii) A person is not required by this sub- ‘‘(B) the claimant has sufficient ties to the ‘‘(g) PROPORTIONALITY.—The claimant may paragraph to take steps that the person rea- community to provide assurance that the petition the court to determine whether the sonably believes would be likely to subject property will be available at the time of the forfeiture was constitutionally excessive. In any person (other than the person whose trial; making this determination, the court shall conduct gave rise to the forfeiture) to phys- ‘‘(C) the continued possession by the Gov- compare the forfeiture to the gravity of the ical danger. ernment pending the final disposition of for- offense giving rise to the forfeiture. If the ‘‘(3)(A) With respect to a property interest feiture proceedings will cause substantial court finds that the forfeiture is grossly dis- acquired after the conduct giving rise to the hardship to the claimant, such as preventing proportional to the offense it shall reduce or forfeiture has taken place, the term ‘inno- the functioning of a business, preventing an eliminate the forfeiture as necessary. The cent owner’ means a person who, at the time individual from working, or leaving an indi- claimant shall have the burden of estab- that person acquired the interest in the vidual homeless; lishing that the forfeiture is grossly dis- property— ‘‘(D) the claimant’s likely hardship from proportional by a preponderance of the evi- the continued possession by the Government ‘‘(i) was a bona fide purchaser or seller for dence at a hearing conducted by the court of the seized property outweighs the risk value (including a purchaser or seller of without a jury. that the property will be destroyed, dam- goods or services for value); and ‘‘(h) DEFINITIONS.—In this section: ‘‘(ii) did not know and was reasonably aged, lost, concealed, or transferred if it is ‘‘(1)(A) Except as provided in subparagraph without cause to believe that the property returned to the claimant during the pend- (B), the term ‘civil forfeiture statute’ means was subject to forfeiture. ency of the proceeding; and any provision of Federal law providing for ‘‘(B) An otherwise valid claim under sub- ‘‘(E) none of the conditions set forth in the forfeiture of property other than as a paragraph (A) shall not be denied on the paragraph (7) applies. sentence imposed upon conviction of a crimi- ‘‘(2) A claimant seeking release of property ground that the claimant gave nothing of nal offense. value in exchange for the property if— under this subsection must request posses- sion of the property from the appropriate of- ‘‘(B) The term ‘civil forfeiture statute’ ‘‘(i) the property is the primary residence does not include— of the claimant; ficial, and the request must set forth the basis on which the requirements of para- ‘‘(i) the Tariff Act of 1930 or any other pro- ‘‘(ii) depriving the claimant of the property vision of law codified in title 19; would deprive the claimant of the claimant’s graph (1) are met. ‘‘(3) If not later than 10 days after the date ‘‘(ii) the Internal Revenue Code of 1986; only means of maintaining adequate shelter of a request under paragraph (2) the property ‘‘(iii) the Federal Food, Drug, and Cos- in the community for the claimant and all has not been released, the claimant may file metic Act (21 U.S.C. 301 et seq.); dependents residing with the claimant; a motion or complaint in the district court ‘‘(iv) the Trading with the Enemy Act (50 ‘‘(iii) the property is not, and is not trace- in which the complaint has been filed or, if U.S.C. App. 1 et seq.); or able to, the proceeds of any criminal offense; no complaint has been filed, any district ‘‘(v) section 1 of title VI of the Act of June and court that would have jurisdiction of for- 15, 1917 (40 Stat. 233; 22 U.S.C. 401). ‘‘(iv) the claimant acquired his or her in- feiture proceedings relating to the property, ‘‘(2)(A) The term ‘owner’ means a person terest in the property through marriage, di- setting forth— with an ownership interest in the specific vorce, or legal separation, or the claimant ‘‘(A) the basis on which the requirements property sought to be forfeited, including a was the spouse or legal dependent of a person of paragraph (1) are met; and leasehold, lien, mortgage, recorded security whose death resulted in the transfer of the ‘‘(B) the steps the claimant has taken to interest, or valid assignment of an ownership property to the claimant through inherit- secure release of the property from the ap- interest. ance or probate; propriate official. ‘‘(B) The term ‘owner’ does not include— except that the court shall limit the value of ‘‘(4) The court shall render a decision on a ‘‘(i) a person with only a general unsecured any real property interest for which inno- motion or complaint filed under paragraph interest in, or claim against, the property or cent ownership is recognized under this sub- (3) no later than 30 days after the date of the estate of another; paragraph to the value necessary to main- filing, unless such 30-day limitation is ex- ‘‘(ii) a bailee unless the bailor is identified tain adequate shelter in the community for tended by consent of the parties or by the and the bailee shows a colorable legitimate such claimant and all dependents residing court for good cause shown. interest in the property seized; or with the claimant. ‘‘(5) If— ‘‘(iii) a nominee who exercises no dominion ‘‘(4) Notwithstanding any provision of this ‘‘(A) a motion or complaint is filed under or control over the property.’’. subsection, no person may assert an owner- paragraph (3); and (b) TECHNICAL AND CONFORMING AMEND- ship interest under this subsection in contra- ‘‘(B) the claimant demonstrates that the MENT.—The analysis for chapter 46 of title 18, band or other property that it is illegal to requirements of paragraph (1) have been met; United States Code, is amended by inserting possess. the district court shall order that the prop- after the item relating to section 981 the fol- ‘‘(e) MOTION TO SET ASIDE FORFEITURE.—(1) erty be returned to the claimant, pending lowing: Any person entitled to written notice in any completion of proceedings by the Govern- nonjudicial civil forfeiture proceeding under ment to obtain forfeiture of the property. ‘‘981A. General rules for civil forfeiture pro- a civil forfeiture statute who does not re- ‘‘(6) If the court grants a motion or com- ceedings.’’. ceive such notice may file a motion to set plaint under paragraph (3)— SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED aside a declaration of forfeiture with respect ‘‘(A) the court may enter any order nec- PROPERTY. to that person’s interest in the property, essary to ensure that the value of the prop- (a) TORT CLAIMS ACT.—Section 2680(c) of which motion shall be granted if— erty is maintained while the forfeiture ac- title 28, United States Code, is amended— ‘‘(A) the Government knew, or reasonably tion is pending, including— (1) by striking ‘‘any goods or merchandise’’ should have known, of the moving party’s in- ‘‘(i) permitting the inspection, and inserting ‘‘any goods, merchandise, or terest and failed to take reasonable steps to photographing, and inventory of the prop- other property’’; provide such party with notice; and erty; (2) by striking ‘‘law-enforcement’’ and in- ‘‘(B) the moving party did not know or ‘‘(ii) fixing a bond in accordance with rule serting ‘‘law enforcement’’; and have reason to know of the seizure within E(5) of the Supplemental Rules for Certain (3) by inserting before the period at the end sufficient time to file a timely claim. Admiralty and Maritime Claims; and the following: ‘‘, except that the provisions ‘‘(2) If the court grants a motion under ‘‘(iii) requiring the claimant to obtain or of this chapter and section 1346(b) of this paragraph (1), the court shall set aside the maintain insurance on the subject property; title apply to any claim based on injury or declaration of forfeiture as to the interest of and loss of goods, merchandise, or other prop- the moving party without prejudice to the ‘‘(B) the Government may place a lien erty, while in the possession of any officer of right of the Government to commence a sub- against the property or file a lis pendens to customs or excise or any other law enforce- sequent forfeiture proceeding as to the inter- ensure that the property is not transferred ment officer, if— est of the moving party, which proceeding to another person. ‘‘(1) the property was seized for the purpose shall be instituted within 60 days of the ‘‘(7) This subsection shall not apply if the of forfeiture under any provision of Federal entry of the order granting the motion. seized property— law providing for the forfeiture of property ‘‘(3) A motion under paragraph (1) may be ‘‘(A) is contraband, currency or other mon- other than as a sentence imposed upon con- filed not later than 6 years after the date etary instrument, or electronic funds unless viction of a criminal offense;

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14632 CONGRESSIONAL RECORD — SENATE November 16, 1999 ‘‘(2) the interest of the claimant is not for- 28, United States Code, is amended by strik- real property that is the subject of a pending feited; and ing the item relating to section 2465 and in- forfeiture action. ‘‘(3) the claimant is not convicted of a serting following: ‘‘(2) The filing of a lis pendens and the exe- crime for which the interest of the claimant ‘‘2465. Return of property to claimant; liabil- cution of a writ of entry for the purpose of in the property would be subject to forfeiture ity for wrongful seizure; attor- conducting an inspection and inventory of under a Federal criminal forfeiture law.’’. ney fees, costs, and interest.’’. the property shall not be considered a sei- (b) DEPARTMENT OF JUSTICE.— zure under this subsection. SEC. 5. SEIZURE WARRANT REQUIREMENT. (1) IN GENERAL.—With respect to a claim ‘‘(c)(1) The Government shall initiate a (a) IN GENERAL.—Section 981(b) of title 18, that cannot be settled under chapter 171 of civil forfeiture action against real property United States Code, is amended to read as title 28, United States Code, the Attorney by— follows: General may settle, for not more than $50,000 ‘‘(A) filing a complaint for forfeiture; ‘‘(b)(1) Except as provided in section 985, in any case, a claim for damage to, or loss of, ‘‘(B) posting a notice of the complaint on any property subject to forfeiture to the privately owned property caused by an inves- the property; and United States under subsection (a) may be tigative or law enforcement officer (as de- ‘‘(C) serving notice on the property owner, seized by the Attorney General and, in the fined in section 2680(h) of title 28, United along with a copy of the complaint. case of property involved in a violation in- States Code) who is employed by the Depart- ‘‘(2) If the property owner cannot be served vestigated by the Secretary of the Treasury ment of Justice acting within the scope of with the notice under paragraph (1) because or the United States Postal Service, the his or her employment. the owner— property may also be seized by the Secretary (2) LIMITATIONS.—The Attorney General ‘‘(A) is a fugitive; of the Treasury or the Postal Service, re- may not pay a claim under paragraph (1) ‘‘(B) resides outside the United States and spectively. that— efforts at service pursuant to Rule 4 of the ‘‘(2) Seizures pursuant to this section shall (A) is presented to the Attorney General Federal Rules of Civil Procedure are be made pursuant to a warrant obtained in more than 1 year after it occurs; or unavailing; or the same manner as provided for a search (B) is presented by an officer or employee ‘‘(C) cannot be located despite the exercise warrant under the Federal Rules of Criminal of the Federal Government and arose within of due diligence, Procedure, except that a seizure may be the scope of employment. constructive service may be made in accord- made without a warrant if— ance with the laws of the State in which the SEC. 4. ATTORNEY FEES, COSTS, AND INTEREST. ‘‘(A) a complaint for forfeiture based on property is located. (a) IN GENERAL.—Section 2465 of title 28, probable cause has been filed in the United ‘‘(3) If real property has been posted in ac- United States Code, is amended to read as States district court and the court has cordance with this subsection, it shall not be follows: issued an arrest warrant in rem pursuant to necessary for the court to issue an arrest ‘‘§ 2465. Return of property to claimant; liabil- the Supplemental Rules for Certain Admi- warrant in rem, or to take any other action ity for wrongful seizure; attorney fees, ralty and Maritime Claims; to establish in rem jurisdiction over the costs, and interest ‘‘(B) there is probable cause to believe that property. ‘‘(a) Upon the entry of a judgment for the the property is subject to forfeiture and— ‘‘(d) Real property may be seized prior to claimant in any proceeding to condemn or ‘‘(i) the seizure is made pursuant to a law- the entry of an order of forfeiture if— forfeit property seized or arrested under any ful arrest or search; or ‘‘(1) the Government notifies the court provision of Federal law— ‘‘(ii) another exception to the Fourth that it intends to seize the property before ‘‘(1) such property shall be returned forth- Amendment warrant requirement would trial; and with to the claimant or his agent; and apply; or ‘‘(2) the court— ‘‘(2) if it appears that there was reasonable ‘‘(C) the property was lawfully seized by a ‘‘(A) issues a notice of application for war- cause for the seizure or arrest, the court State or local law enforcement agency and rant, causes the notice to be served on the shall cause a proper certificate thereof to be has been transferred to a Federal agency in property owner and posted on the property, entered and, in such case, neither the person accordance with State law. and conducts a hearing to determine if there who made the seizure or arrest nor the pros- ‘‘(3) Notwithstanding the provisions of rule is probable cause for the forfeiture; or ecutor shall be liable to suit or judgment on 41(a) of the Federal Rules of Criminal Proce- ‘‘(B) makes an ex parte determination that account of such suit or prosecution, nor shall dure, a seizure warrant may be issued pursu- there is probable cause for the forfeiture and the claimant be entitled to costs, except as ant to this subsection by a judicial officer in that there are exigent circumstances that provided in subsection (b). any district in which a forfeiture action permit the government to seize the property ‘‘(b)(1) Except as provided in paragraph (2), against the property may be filed under sec- without prior notice and an opportunity for in any civil proceeding to forfeit property tion 1355(b) of title 28, and executed in any the property owner to be heard. under any provision of Federal law in which district in which the property is found.’’. For purposes of paragraph (2)(B), to establish the claimant substantially prevails, the (b) DRUG FORFEITURES.—Section 511(b) of exigent circumstances, the Government United States shall be liable for— the Controlled Substances Act (21 U.S.C. shall show that less restrictive measures ‘‘(A) reasonable attorney fees and other 881(b)) is amended to read as follows: such as a lis pendens, restraining order, or litigation costs reasonably incurred by the ‘‘(b) SEIZURE PROCEDURES.—Any property bond would not suffice to protect the Gov- claimant; subject to forfeiture to the United States ernment’s interests in preventing the sale, ‘‘(B) post-judgment interest, as set forth in under this section may be seized by the At- destruction, or continued unlawful use of the section 1961 of this title; and torney General in the manner set forth in real property. ‘‘(C) in cases involving currency, other ne- section 981(b) of title 18, United States ‘‘(e) If the court authorizes a seizure of real gotiable instruments, or the proceeds of an Code.’’. property under subsection (d)(2), it shall con- interlocutory sale— SEC. 6. USE OF FORFEITED FUNDS TO PAY RES- duct a prompt post-seizure hearing during ‘‘(i) interest actually paid to the United TITUTION TO CRIME VICTIMS. which the property owner shall have an op- States from the date of seizure or arrest of Section 981(e) of title 18, United States portunity to contest the basis for the sei- the property that resulted from the invest- Code, is amended by striking paragraph (6) zure. ment of the property in an interest-bearing and inserting the following: ‘‘(f) This section— account or instrument; and ‘‘(6) as restoration to any victim of the of- ‘‘(1) applies only to civil forfeitures of real ‘‘(ii) an imputed amount of interest that fense giving rise to the forfeiture, including, property and interests in real property; such currency, instruments, or proceeds in the case of a money laundering offense, ‘‘(2) does not apply to forfeitures of the would have earned at the rate described in any offense constituting the underlying spec- proceeds of the sale of such property or in- section 1961, for any period during which no ified unlawful activity; or’’. terests, or of money or other assets intended interest was paid (not including any period SEC. 7. CIVIL FORFEITURE OF REAL PROPERTY. to be used to acquire such property or inter- when the property reasonably was in use as (a) IN GENERAL.—Chapter 46 of title 18, ests; and evidence in an official proceeding or in con- United States Code, is amended by inserting ‘‘(3) shall not affect the authority of the ducting scientific tests for the purpose of after section 984 the following: court to enter a restraining order relating to collecting evidence). real property.’’. ‘‘(2)(A) The United States shall not be re- ‘‘§ 985. Civil forfeiture of real property (b) TECHNICAL AND CONFORMING AMEND- quired to disgorge the value of any intan- ‘‘(a) Notwithstanding any other provision MENT.—The analysis for chapter 46 of title 18, of law, all civil forfeitures of real property gible benefits nor make any other payments United States Code, is amended by inserting and interests in real property shall proceed to the claimant not specifically authorized after the item relating to section 984 the fol- as judicial forfeitures. by this subsection. lowing: ‘‘(B) The provisions of paragraph (1) shall ‘‘(b)(1) Except as provided in this section— not apply if the claimant is convicted of a ‘‘(A) real property that is the subject of a ‘‘985. Civil forfeiture of real property.’’. crime for which the interest of the claimant civil forfeiture action shall not be seized be- SEC. 8. APPLICABILITY. in the property would be subject to forfeiture fore entry of an order of forfeiture; and This Act and the amendments made by under a Federal criminal forfeiture law.’’. ‘‘(B) the owners or occupants of the real this Act shall apply to any forfeiture pro- (b) TECHNICAL AND CONFORMING AMEND- property shall not be evicted from, or other- ceeding commenced on or after the date of MENT.—The analysis for chapter 163 of title wise deprived of the use and enjoyment of, enactment of this Act.

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HATCH/LEAHY CIVIL ASSET FORFEITURE claimant is already represented by a court- torney fees and other litigation costs reason- REFORM ACT—SECTION-BY-SECTION SUMMARY appointed attorney in connection with a re- ably incurred by the claimant; (2) post-judg- OVERVIEW lated Federal criminal case. ment interest; and (3) in cases involving cur- The Hatch/Leahy Civil Asset Forfeiture Burden of proof. Subsection (c) shifts the rency, negotiable instruments, or the pro- Reform Act would provide a more uniform burden of proof in civil asset forfeiture cases ceeds of an interlocutory sale, any interest procedure for federal civil asset forfeitures to the government, by a preponderance of actually paid to the United States, or im- while increasing the due process safeguards the evidence. It also makes clear that the puted interest (except where the property for property owners. Among other things, government may use evidence gathered after was in use as evidence or for testing). the bill (1) places the burden of proof in civil the filing of a complaint to meet that burden SEC. 5. SEIZURE WARRANT REQUIREMENT. forfeiture proceedings upon the government, of proof. Amends 18 U.S.C. § 981(b) to require that by a preponderance of the evidence; (2) al- Innocent owner. Subsection (d) codifies a seizures be made pursuant to a warrant ob- lows for the provision of counsel to indigent uniform innocent owner defense. With re- tained in the same manner as provided for a claimants where the property at issue is the spect to a property interest in existence at search warrant under the Federal Rules of claimant’s primary residence, and where the the time the illegal conduct giving rise to Criminal Procedure, with limited exceptions. claimant is represented by court-appointed forfeiture took place, ‘‘innocent owner’’ SEC. 6. CIVIL FORFEITURE OF REAL PROPERTY. counsel in connection with a related crimi- means an owner who did not know of the Implements United States v. James Daniel nal case; (3) requires the government to pay conduct giving rise to forfeiture or who, Good Real Property, 510 U.S. 43 (1993), which attorney fees, costs and interest in any civil upon learning of such conduct, did all that held that real property may not be seized, forfeiture proceeding in which the claimant reasonably could be expected under the cir- except in exigent circumstances, without substantially prevails; (4) eliminates the cumstances to terminate such use of the giving a property owner notice of the pro- cost bond requirement; (5) creates a uniform property. With respect to a property interest posed seizure and an opportunity for an ad- innocent owner defense; (6) allows property acquired after the conduct giving rise to the versarial hearing. All forfeitures of real owners more time to challenge a seizure; (7) forfeiture has taken place, ‘‘innocent owner’’ property must proceed as judicial forfeit- codifies existing practice with respect to means a person who, at the time that person ures. Real property may be seized before Eighth Amendment proportionality review acquired the interest in property, was a bona entry of an order of forfeiture only if notice and seizures of real property; (8) permits the fide purchaser or seller for value and reason- has been served on the property owner and pre-adjudication return of property to own- ably without cause to believe that the prop- the court determines that there is probable ers upon a showing of hardship; and (9) al- erty was subject to forfeiture or, in limited cause for the forfeiture, or if the court lows property owners to sue the government circumstances involving a principal resi- makes an ex parte determination that there for any damage to their property. dence, a spouse or legal dependent. is probable cause for the forfeiture and exi- Motion to set aside declaration of for- gent circumstances justify immediate sei- SECTION-BY-SECTION SUMMARY feiture. Subsection (e) provides that a person zure without a pre-seizure hearing. SEC. 2. CREATION OF GENERAL RULES RELATING who was entitled to notice of a nonjudicial SEC. 7. APPLICABILITY. TO CIVIL FORFEITURE PRO- civil forfeiture who did not receive such no- Provides that all changes in the bill apply CEEDINGS. tice may file a motion to set aside a declara- Creates a new section in federal criminal prospectively. tion of forfeiture with respect to his or her Mr. LEAHY. Mr. President, asset for- code (18 U.S.C. § 981A) that establishes gen- interest in the property. This subsection eral rules for virtually all proceedings under codifies current case law holding that such feiture is a powerful crime-fighting a federal civil forfeiture statute. motion must be filed not later than 6 years tool. It has been a particularly potent Notice; claim; complaint. Subsection (a) after the date that the claimant discovered weapon in the war on drugs, allowing establishes general procedures and deadlines or had reason to discover that the property the government to take the cars and for initiating civil forfeiture proceedings. was forfeited, but in no event more than 11 Paragraph (1) provides that, in general, a boats and stash houses amassed by years after the government’s cause of action Federal law enforcement agency has 60 days drug dealers and put them to honest in forfeiture accrued. The common law doc- to send notice of a seizure of property. A use. Last year alone, the government trine of laches applies to any motion made court shall extend the period for sending no- was able to seize nearly half a billion under this subsection. If such motion is tice for 60 days upon written ex parte certifi- granted, the government has 60 days to re- dollars worth of assets, cutting a big cation by the seizing agency that notice may institute proceedings against the property. chunk out of criminals’ profit stream have an adverse result. If the government Release of property to avoid hardship. Sub- and returning it to the law-abiding fails to send notice, it must return the prop- section (f) entitles a claimant to immediate community. erty, without prejudice to the right of the release of seized property in certain cases of Unfortunately, our nation’s asset for- Government to commence a forfeiture pro- hardship. Among other things, the claimant ceeding at a later time. feiture is not fail-safe; it can be abused. must have sufficient ties to the community Paragraph (2) allows property owners more In hearings on this issue, the Judiciary to provide assurance that the property will time to challenge a seizure. Any person Committee has heard examples of what be available at the time of the trial, the claiming an interest in seized property may happens when prosecutorial zeal skirts claimant’s likely hardship from such contin- file a claim not later than the deadline set ued possession outweighs the risk that the the boundaries of due process, leading forth in a personal notice letter, except that property will be destroyed, damaged, lost, to the taking of private property re- if such letter is not received, then a claim concealed, or transferred if it is returned to gardless of whether the owner is inno- may be filed not later than 30 days after the the claimant during the pendency of the pre- date of final publication of notice of seizure. cent of, or even cognizant of, the prop- ceding. Hardship return of property does not Claims shall be made under oath, subject to erty’s use in an illegal act. apply to contraband, currency, electronic penalty of perjury. No cost bond need be In recent years, our nation’s asset funds, property that is evidence of a crime, posted. forfeiture system has drawn increasing Paragraph (3) allows the government 90 property that is specially designed to use in and exceedingly sharp criticism from days after a claim has been filed to file a a crime, or any other item likely to be used scholars and commentators. Federal to commit additional crimes if returned. complaint for forfeiture or return the prop- judges have also added their voices to erty, except that a court may extend the Proportionality review. Subsection (g) im- plements United States v. Bajakajian, 524 the growing chorus of concern. In 1992, time for filing a complaint for good cause the Second Circuit Court of Appeals shown or upon agreement of the parties. If U.S. 321 (1998), which held that a punitive the government does not comply with this forfeiture violates the Excessive Fines stated, ‘‘We continue to be enormously rule, it may not take further action to effect Clause of the Eighth Amendment if it is troubled by the government’s increas- forfeiture of the property. grossly disproportionate to the gravity of ing and virtually unchecked use of the Paragraph (4) provides that any person the offense. civil forfeiture statutes and the dis- claiming an interest in seized property must SEC. 3. COMPENSATION FOR DAMAGE TO SEIZED regard for due process that is buried in file a claim in court not later than 30 days PROPERTY. Amends the federal Tort Claims Act to those statutes.’’ Four years later, the after service of the government’s complaint Eighth Circuit rebuked the government or, where applicable, not later than 30 days apply to claims based on injury or loss of after final publication of notice of seizure. A property while in the possession of the gov- for capitalizing on the claimants’ con- claimant must file an answer to the govern- ernment, if the property was seized for the fusion to forfeit over $70,000 of their ment’s complaint within 20 days of the filing purpose of forfeiture but the interest of the currency, and expressed alarm that: of such claim. claimant was not forfeited. the war on drugs has brought us to the Appointment of counsel. Subsection (b) SEC. 4. ATTORNEY FEES, COSTS AND INTEREST. point where the government may seize . . . a permits a court to appoint counsel to rep- Amends 28 U.S.C. § 2465 to provide that, citizen’s property without any initial show- resent an indigent claimant in a judicial with limited exceptions, in any civil pro- ing of cause, and put the onus on the citizen civil forfeiture proceeding if the property ceeding to forfeit property in which the to perfectly navigate the bureaucratic lab- subject to forfeiture is real property used by claimant substantially prevails, the United yrinth in order to liberate what is presump- the claimant as a primary residence, or the States shall be liable for (1) reasonable at- tively his or hers in the first place. . . .

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14634 CONGRESSIONAL RECORD — SENATE November 16, 1999 Should the citizen prove inept, the govern- tle more than create procedural sanctions for bad faith in instituting or ment may keep the property, without ever ‘‘gotchas’’ for criminals and their conducting litigation. Further, most having to justify or explain its actions. heirs, and are neither necessary nor de- claimants will continue to bear the Similarly, the Seventh Circuit re- sirable as a matter of policy. substantial costs of litigating their cently expressed its belief that ‘‘the The Hatch-Leahy bill also differs claims in court. The additional finan- government’s conduct in forfeiture from the House bill in its approach to cial burden of the ‘‘cost bond’’ serves cases leaves much to be desired,’’ and the issue of appointed counsel. Under no legitimate purpose. ordered the return of over $500,000 in H.R. 1658, anyone asserting an interest Under current law, a property owner currency that had been improperly in seized property could apply for a has only 20 days from the date of first seized from a Chicago pizzeria. court-appointed lawyer. There is no publication of the notice of seizure to Civil asset forfeiture rests upon the demonstrated need for such an unprec- file a claim challenging an administra- medieval notion that property is some- edented extension of the right to coun- tive forfeiture, and only 10 days to file how guilty when it causes harm to an- sel, nor is there any principled distinc- a claim challenging a judicial for- other. The notion of ‘‘guilty property’’ tion between defendants in civil for- feiture. It is therefore unlikely that is what enables the government to feiture actions and defendants in other anyone who misses the first of three seize property regardless of the guilt or federal enforcement actions who are published notices will be able to file a innocence of the property owner. In not eligible for court-appointed coun- timely claim. The Hatch-Leahy bill ex- many asset forfeiture cases, the person sel. Moreover, property owners who are tends the property owner’s time to file whose property is taken is never indigent may be eligible to obtain rep- a claim following administrative and charged with any crime. resentation through various legal aid judicial forfeiture actions to 30 days. The ‘‘guilty property’’ notion also ex- clinics. The bill also codifies current Depart- plains the topsy-turvy nature of to- The Hatch-Leahy bill authorizes ment of Justice policy with respect to day’s civil forfeiture proceedings, in courts to appoint counsel for indigent the time period for sending notice of which the property owner—not the claimants in just two limited cir- seizure, and establishes a 90-day period government—bears the burden of proof. cumstances. First, a court may appoint for filing a complaint. The bill leaves Under current law, all the government counsel in the handful of forfeiture undisturbed current laws and proce- must do is make an initial showing of cases in which the property at issue is dures with respect to the proper form probable cause that the property is the claimant’s primary residence. and content of notices, claims and ‘‘guilty’’ and subject to forfeiture; it is When a forfeiture action can result in a complaints. then up to the property owner to prove claimant’s eviction and homelessness, Finally, the Hatch-Leahy bill will a negative—that the property was not there is more at stake than just a prop- allow property owners to hold on to involved in any wrongdoing. erty interest, and it is fair and just their property while a case in process, It is time to reexamine the obsolete that the claimant be provided with an if they can show that continued posses- underpinnings of our civil forfeiture attorney if she cannot otherwise afford sion of the government will cause sub- laws and bring these laws in line with one. Second, if a claimant is already stantial hardship to the owner, such as more modern principles of due process represented by a court-appointed attor- preventing him from working, and that and fair play. We must be especially ney in a related federal criminal case, this hardship outweighs the risk that careful to ensure that innocent prop- the court may authorize that attorney the property will be destroyed or con- erty owners are adequately protected. to represent the claimant in the civil cealed if returned to the owner during The Hatch-Leahy Civil Asset For- forfeiture action. This is both fair and the pendency of the case. Unlike H.R. feiture Reform Act provides greater efficient, and eliminates any appear- 1658, the Hatch-Leahy bill adopts the safeguards for individuals whose prop- ance that the government chose to pur- primary safeguards that the Justice erty has been seized by the govern- sue the forfeiture in a civil proceeding Department wanted added to the provi- ment. It incorporates all of the core re- rather than as part of the criminal case sion—that property owners must have forms of H.R. 1658, which passed the in order to deprive the claimant of his sufficient ties to the community to House of Representatives in June by an right to counsel. provide assurance that the property overwhelming bipartisan majority. The For claimants who were not ap- will not disappear and that certain Hatch-Leahy bill also includes a num- pointed counsel by the court, the property, such as currency and prop- ber of additional reforms which, among Hatch-Leahy bill allows for the recov- erty particularly suited for use in ille- other things, establish a fair and uni- ery of reasonable attorney fees and gal activities, cannot be returned. As form procedure for forfeiting real prop- costs if they substantially prevail in amended, the hardship provision in the erty, and entitle property owners to court. The bill also makes the govern- Hatch-Leahy bill is substantially simi- challenge a forfeiture as constitu- ment liable for post-judgment interest lar to the hardship provision in an- tionally excessive. on any money judgment, and imputed other civil asset forfeiture bill, S. 1701, During our hearing this year on civil interest in certain cases involving cur- which the Justice Department has en- asset forfeiture reform, the Justice De- rency or negotiable instruments. dorsed. partment and other law enforcement Another core reform of the Hatch- The fact is, the Justice Department organizations expressed concern that Leahy bill is the elimination of the so- has endorsed most of the core reforms some of the reforms included in the called ‘‘cost bond.’’ Under current law, contained in the Hatch-Leahy bill. In- House bill would interfere with the a property owner that seeks to recover deed, the Department has already government’s ability to combat crime. his property after it has been seized by taken administrative steps to remedy The bill we introduce today addresses the government must pay for privilege many of the civil forfeiture abuses the legitimate concerns of law enforce- by posting a bond with the court. The identified in recent years by the fed- ment. In particular, the bill puts the government has strongly defended the eral courts. For this, the Department burden of proof on the government by a ‘‘cost bond,’’ not as a device for ensur- is to be commended. But administra- preponderance of the evidence, and not ing that its court costs are covered, tive policy can be modified on the by clear and convincing evidence. The but as a way of deterring frivolous whim of whoever is in charge, and the preponderance standard is used in vir- claims. Of course, we are all in favor of law remains susceptible to abuse. tually all other civil cases, and we be- deterring frivolous claims, but there It is time for Congress to catch up lieve it is sufficient to protect the in- are ways to deter frivolous claims with the Justice Department and the terests of property owners. without offending the fundamental courts on this important issue. Due to We have also removed provisions in principle of equal and open access to internecine fighting among law en- H.R. 1658 that would allow criminals to the courts, a bedrock of our American forcement officials whose views Con- leave their ill-gotten gains to their system of justice. The Hatch-Leahy bill gress always wants to take into consid- heirs, and would bar the government provides that a person who challenges eration, action on civil forfeiture re- from forfeiting property if it inadvert- a forfeiture must file his claim on oath, form has been delayed for far too long. ently sent notice of a seizure to the under penalty of perjury. Claimants The Hatch-Leahy bill strikes the ap- wrong address. These provisions did lit- also remain subject to the general propriate middle ground between the

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14635 House bill and S. 1701, providing com- children and adults were secondarily By Mr. DODD (for himself and prehensive and meaningful reform infected: children through childbirth or Mr. BENNETT): while ensuring the continued potency HIV-infected breast milk and adults S. 1934. A bill to amend the Internal of civil asset forfeiture in the war on through their spouses. Lives were lost Revenue Code of 1986 to allow a tax crime. and futures were ruined. Not only were credit for business-provided student Senator HATCH and I share a long- there physical and emotional costs, but education and training; to the Com- standing and deeply-held appreciation there exists a tremendous drain on per- mittee on Finance. for law enforcement and the officers sonal finances as a result of lost in- THE BUSINESSES EDUCATING STUDENTS IN who work on the front lines to protect come and extreme medical expenses. In TECHNOLOGY (BEST) ACT our families and communities, and we the minds of these and in the minds of ∑ Mr. DODD. Mr. President, today I have worked together on a number of members who advocated for the Ricky rise to introduce legislation with my crime-related issues in the past. I want Ray bill, the federal government colleague from Utah, Senator BENNETT, to commend him for his commitment, played the determining role in the that addresses the serious shortage of not just to law enforcement, but to the tragedy. students graduating from our nation’s colleges and universities with tech- rights of all Americans. It has been my Mr President, these people were in- nology-based education and skills. pleasure to work with him on this fected with HIV because the federal issue, to bring balance back in the rela- Technology is reshaping our world at government failed to protect the blood a rapid pace. Competition to meet the tionship between our police forces and supply during the mid-1980s when it did the citizens of this country. needs, wants, and expectations of busi- not use its regulatory authority to im- nesses and consumers has accelerated plement a wide range of blood and By Mr. JEFFORDS: the rate of technological progress to a blood-donor screening options rec- S. 1932. A bill to amend the Ricky level inconceivable even a few years ommended by the Centers for Disease Ray Hemophilia Relief Fund Act of 1998 ago. Today, technology is playing an Control and Prevention. Had the fed- to revise and extend certain provisions; increasingly important role in the lives eral government taken the rec- to the Committee on Health, Edu- of every American and is a key ingre- ommendations of the CDC, thousands cation, Labor, and Pensions. dient in sustaining America’s economic of American men, women and children THE RICKY RAY FAIRNESS ACT OF 1999 growth. It is the wellspring from which would not have contracted AIDS ∑ Mr. JEFFORDS. Mr. President, last new businesses, high-wage jobs, and a through HIV-contaminated blood and year Congress passed and the President rising quality of life will flow in the blood products. signed a significant measure that will, 21st century. as funds are provided, provide compas- Sadly, and unfairly, the Ricky Ray This profound technological change, sionate compensation payments to Hemophilia Relief Fund Act as passed coupled with a period of sustained fis- hundreds of individuals. Public Law last year does not include all victims of cal discipline in the federal govern- 105–369, the Ricky Ray Hemophilia Re- the blood supply crisis. I feel strongly ment, has led to an unprecedented pe- lief Act of 1998, authorizes payments that the Act must be amended to in- riod of economic growth in our nation. for hemophiliacs treated with blood clude compensation for not only hemo- For the first time in three decades, we products infected with HIV during the philiacs, but also people who received a are enjoying the prospect of budget surpluses that could total one trillion 1980s as well as their infected spouses blood transfusion or blood product in dollars over the next ten years. We and children. Last year, Mr. President, the course of medical treatment. have the lowest unemployment in 29 you and I, and all of our colleagues Though it was right for us to pass the years. Inflation has fallen to its lowest gave our unanimous consent to this Ricky Ray Act last year, it remains an rate in almost 30 years. Our economy measure because we all knew it was the inequity and a tragedy that the federal has created 20 million new jobs in the right thing to do. But we accomplished government did so without including victims of transfusion-associated last seven years. only part of the job. We provided com- If we want to build on this progress, passionate compensation to only a por- AIDS. Unlike a few individuals, most people we must encourage people to develop tion of the Americans who, through in- and use emerging technologies. Tech- decisiveness and inaction on the part of infected with HIV through blood and blood products have been unable to nological progress has become the sin- federal government, became infected gle most important determining factor with HIV. So today I am introducing track the source of their infection; nor have they been able to obtain some ju- in sustaining economic growth in our legislation that will set the record economy. It is estimated that techno- straight and finish what needs to be dicial relief through the courts. The community hit by this tragedy has logical innovation has accounted for as done, and I hope that our colleagues much as half the nation’s long-term will once again in the name of fairness found it nearly impossible to make re- covery through the courts because of economic growth over the past 50 years and compassion give this measure their and is expected to account for an even blood shield laws in most states that unanimous support. higher percentage in the next 50 years. raise the burden of proof for product li- I am on the floor today to introduce And yet, there is growing evidence legislation that will bring much needed ability claims for blood and blood prod- that we are not doing enough to pre- fairness to hundreds of our citizens. ucts. In addition, all States have stat- pare people to make the most of this This bill, the Ricky Ray Fairness Act utes of limitations that prohibit litiga- emerging ‘‘New Economy.’’ The explo- of 1999 will finally include those people, tion if the suit was not filed within a sive growth in the technology industry other than hemophiliacs, who were in- certain period of time. has resulted in a growing shortage of fected with HIV and contracted AIDS I am introducing today what can be qualified and educated workers with through HIV contaminated blood prod- the final chapter in our Country’s re- skills in computer science and other ucts or tissues. sponsibility for not adequately pro- technologically advanced systems. For The blood crisis of the 1980s resulted tecting the blood supply during the example, more than 350,000 information in the HIV infection of thousands of 1980s. The Ricky Ray Fairness Act of technology positions are currently va- Americans who trusted that the blood 1999 provides compassionate payments cant throughout the United States. or blood product with which they were to those infected with HIV contami- That is an astounding statistic. While treated was safe. The tragedy of the nated blood, blood components, or we have managed to erase the budget blood supply’s contamination has human tissues. While the change to in- deficit, our nation faces a rising knowl- brought unbearable pain to families all clude transfusion cases increases the edge deficit that could just as readily over the country. I have heard from cost of this bill, many have already impede economic growth. dozens over the past months. These are noted that this bill is not about money, At this moment, there is little sign people like any of us—like our children it’s about fairness. I urge my col- that this technology deficit will be and our grandchildren—who went to leagues to join me in recognizing the erased. The supply of technology-savvy hospitals for standard procedures, terrible tragedy the blood supply crisis U.S. college graduates appears to be on emergency care, or were transfused due of the 1980s cast upon all of its vic- the wane. In my home state of Con- to complications in childbirth. Many tims.∑ necticut, public and private colleges

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14636 CONGRESSIONAL RECORD — SENATE November 16, 1999 combined produced only 297 computer country, businesses and academic insti- (3) There are more than 350,000 information and information science graduates in tutions should not be left to tackle technology positions currently unfilled 1997, a 50 percent decline since 1987. alone the challenge of helping students throughout the United States, and the num- The decline in students receiving engi- obtain the technological learning and ber of students graduating from colleges neering degrees is even more troubling. with computer science degrees has declined skills they need to succeed in the new dramatically. From 1989 to 1999, the number of Con- century. The Senate has before it the (4) In order to help alleviate the shortage necticut students graduating in this opportunity to assist in this effort, to of graduates with technology-based edu- field has decreased by 65 percent. encourage the growth of innovation cation and skills, businesses in a number of This trend is not limited to any one and education, and to address the States have formed partnerships with col- state; it is nationwide in scope. The shortage of skilled high-tech workers leges, universities, community-technical number of graduates receiving bachelor so vital to our continued technological schools, and other institutions of higher of science degrees in engineering has and economic growth. learning to give lectures, donate equipment, fallen to a 17-year low of 19.8 percent. That is why I am pleased to have the plan curricula, and perform other activities Between 1990 and 1996, the number of opportunity today to introduce legisla- designed to help students acquire the skills students obtaining high-tech degrees and knowledge needed to fill jobs in tech- tion that will encourage businesses to nology-based industries. declined by 5 percent. These are clearly form partnerships with institutions of (5) Congress should encourage these part- trends that must be reversed if we wish higher learning in order to improve nerships by providing a tax credit to busi- to continue building upon the techno- technology-based learning so that more nesses that enter into them. Such a tax cred- logical achievements we have already of our nation’s students will be better it will help students obtain the knowledge made and ensure that our economy can prepared to fill the jobs of the 21st cen- and skills they need to obtain jobs in tech- continue to grow and create jobs to its tury. nology-based industries which are among the full potential. The ‘‘Businesses Educating Students best paying jobs being created in the econ- Indeed, at large and mid-sized compa- in Technology,’’ or BEST Act, will give omy. The credit will also assist businesses in nies, there is already one vacancy for a tax credit to any business that joins their efforts to develop a more highly- every 10 information technology jobs, skilled, better trained workforce that can with a university, college, or commu- fill the technology jobs such businesses are and eight out of 10 companies expect to nity-technical school to support tech- creating. hire information technology workers in nology-based educational activities SEC. 3. ALLOWANCE OF CREDIT FOR BUSINESS- the year ahead. Over the next decade, which are directly related to the pur- PROVIDED STUDENT EDUCATION the Department of Commerce esti- pose of that business. The legislation AND TRAINING. mates that 1.3 million new jobs will be would allow businesses to claim a tax (a) IN GENERAL.—Subpart D of part IV of created for systems analysts, computer subchapter A of chapter 1 of the Internal credit for 40 percent of these edu- Revenue Code of 1986 (relating to business re- engineers, and computer scientists. cational expenses, up to a maximum of lated credits) is amended by adding at the Moreover, by 2006, nearly half of the $100,000 for any one company. end the following: U.S. workforce will be employed by in- Mr. President, it is my hope that this ‘‘SEC. 45D. BUSINESS-PROVIDED STUDENT EDU- dustries that are either producers or tax credit will provide the incentive for CATION AND TRAINING. significant users of technology prod- more of our country’s corporate leaders ‘‘(a) ALLOWANCE OF CREDIT.—For purposes ucts and services. to take a more active role in the tech- of section 38, the business-provided student education and training credit determined Clearly, we must do more to elimi- nological education, training, and skill nate this shortage of technologically under this section for the taxable year is an development of our nation’s most valu- amount equal to 40 percent of the qualified skilled workers. Some have suggested able resource—its students. student education and training expenditures stop-gap measures such as extending If businesses take advantage of this of the taxpayer for such taxable year. more visas to foreign nationals who credit, they will help create a larger ‘‘(b) DOLLAR LIMITATION.—The credit al- possess the skills most in demand here pool of skilled workers to draw from lowable under subsection (a) for any taxable in the United States. More important and, in turn, help our nation foster a year shall not exceed $100,000. than steps such as this are efforts to ‘‘(c) DEFINITIONS.—For purposes of this sec- better educated population that pos- tion— promote technology-based learning sesses the knowledge to succeed in the ‘‘(1) QUALIFIED STUDENT EDUCATION AND among American students. In Con- information-based economy of the fu- TRAINING EXPENDITURE.— necticut, many businesses are making ture. ‘‘(A) IN GENERAL.—The term ‘qualified stu- such efforts. They are establishing I hope my colleagues join me and dent education and training expenditure’ scholarships, donating lab equipment Senator BENNETT in supporting this means— and computers, planning curricula, and important legislation. Mr. President, I ‘‘(i) any amount paid or incurred by the sending employees into colleges and ask that the text of the legislation be taxpayer for the qualified student education and training services provided by any em- universities to instruct and help pre- printed in the RECORD. pare students for technology-based ployee of the taxpayer, and The bill follows: ‘‘(ii) the basis of the taxpayer in any tan- jobs. S. 1934 gible personal property contributed by the For instance, one Connecticut com- Be it enacted by the Senate and House of Rep- taxpayer and used in connection with the pany, the Bayer Corporation, has com- resentatives of the United States of America in provision of any qualified student education mitted $1.1 million to the University of Congress assembled, and training services. New Haven over six years to help in- SECTION 1. SHORT TITLE. ‘‘(B) EXCLUSION FOR AMOUNTS FUNDED BY crease the effectiveness of its science This Act may be cited as the ‘‘Businesses GRANTS, ETC.—The term ‘qualified student curriculum. This partnership includes Educating Students in Technology (BEST) education and training expenditure’ shall the donation of equipment, scholar- Act’’. not include any amount to the extent such ships, internships, and other efforts SEC. 2. FINDINGS. amount is funded by any grant, contract, or that seek to engage students more ac- Congress finds the following: otherwise by another person (or any govern- (1) Technological progress is the single mental entity). tively in science and technology. most important determining factor in sus- ‘‘(2) QUALIFIED STUDENT EDUCATION AND Another positive example of coopera- taining growth in the Nation’s economy. It TRAINING SERVICES.— tion between business and academic in- is estimated that technological innovation ‘‘(A) IN GENERAL.—For purposes of para- stitutions in Connecticut is the sup- has accounted for as much as half the Na- graph (1), the term ‘qualified student edu- port provided to the biotechnology pro- tion’s long-term economic growth over the cation and training services’ means tech- gram at Middlesex Community-Tech- past 50 years and will account for an even nology-based education and training of stu- nical College by the Bristol Myers higher percentage in the next 50 years. dents in any eligible educational institution Squibb Pharmaceutical Research Insti- (2) The number of jobs requiring techno- in employment skills related to the trade or tute and the Curagen Corporation. logical expertise is growing rapidly. For ex- business of the taxpayer. These companies, too, have established ample, it is estimated that 1,300,000 new com- ‘‘(B) TECHNOLOGY-BASED EDUCATION AND puter engineers, programmers, and systems TRAINING.— scholarships, donated lab equipment, analysts will be needed over the next decade ‘‘(i) IN GENERAL.—For purposes of subpara- and encouraged their research sci- in the United States economy. Yet, our Na- graph (A), the term ‘technology-based edu- entists to give lectures to students. tion’s computer science programs are only cation and training’ means education and While these partnerships do exist in graduating 25,000 students with bachelor’s training in— Connecticut, and indeed, across the degrees yearly. ‘‘(I) aerospace technology,

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14637 ‘‘(II) biotechnology, ‘‘(13) the business-provided student edu- sumer friendly services in the long- ‘‘(III) electronic device technology, cation and training credit determined under term care spectrum. They can be pro- ‘‘(IV) environmental technology, section 45D.’’ vided by a variety of people, including ‘‘(V) medical device technology, (2) The table of sections for subpart D of friends and neighbors of the recipient. ‘‘(VI) computer technology or equipment, part IV of subchapter A of chapter 1 of such or Code is amended by adding at the end the In many instances, with supervision, ‘‘(VII) advanced materials. following: the consumer can direct his or her own care and manage his or her own attend- ‘‘(ii) DEFINITIONS.—For purposes of clause ‘‘Sec. 45D. Business-provided student edu- (i)— cation and training credit.’’ ants. This cuts down on expensive ad- ‘‘(I) AEROSPACE TECHNOLOGY.—The term ministrative overhead and the current (c) EFFECTIVE DATE.—The amendments ‘aerospace technology’ means technology practice of relying on medical per- used in the manufacture, design, mainte- made by this section shall apply to taxable years beginning after December 31, 1999.∑ sonnel such as nurses to coordinate a nance, or servicing of aircraft, aircraft com- person’s care. States can save money ponents, or other aeronautics, including By Mr. HARKIN (for himself and and redirect medically-oriented care to space craft or space craft components. Mr. SPECTER): ‘‘(II) BIOTECHNOLOGY.—The term ‘bio- those who need it most. technology’ means technology (including S. 1935. A bill to amend title XIX of Not only is home and community- products and services) developed as the re- the Social Security Act to provide for based care what people want, it can sult of the study of the functioning of bio- coverage of community attendant serv- also be far less expensive. There is a logical systems from the macro level to the ices and supports under the Medicaid wide variation in the cost of supporting molecular and sub-atomic levels. Program; to the Committee on Fi- people with disabilities in the commu- ‘‘(III) ELECTRONIC DEVICE TECHNOLOGY.— nance. nity because individuals have different The term ‘electronic device technology’ THE MEDICAID COMMUNITY ATTENDANT levels of need. But, for the average per- means technology involving microelec- SERVICES AND SUPPORT ACT son, the annual cost of home and com- tronics, semiconductors, electronic equip- Mr. HARKIN. Mr. President, today, ment, instrumentation, radio frequency, munity based services is less than one- along with Senator ARLEN SPECTER, I microwave, millimeter electronics, optical half the average cost of institutional and optic-electrical devices, or data and dig- am introducing the Medicaid Commu- care. In 1997, Medicaid spent $56 billion ital communications and imaging devices. nity Attendant Services and Supports on long term care. Out of that $56 bil- ‘‘(IV) ENVIRONMENTAL TECHNOLOGY.—The Act. Our bill allows people to have a lion, $42.5 billion was spent on nursing term ‘environmental technology’ means real choice about where they receive home and institutional care. This paid technology involving the assessment and certain types of Medicaid long term for a little over 1 million people. In prevention of threats or damage to human services and supports. It also provides comparison, only $13.5 billion was health or the environment, environmental grants to the States to assist them as cleanup, or the development of alternative spent on home and community-based they redirect Medicaid resources into care—but this money paid for almost 2 energy sources. community-based services and sup- ‘‘(V) MEDICAL DEVICE TECHNOLOGY.—The million people. Community services term ‘medical device technology’ means ports. make sound, economic sense. technology involving any medical equipment We all know that given a real choice, most Americans who need long term In fact, the States are out ahead of or product (other than a pharmaceutical us here in Washington on this issue. product) which has therapeutic value, diag- services and supports would rather re- main in their own homes and commu- Thirty States are now providing the nostic value, or both, and is regulated by the personal care optional benefit through Federal Food and Drug Administration. nities than go to a nursing home. Older their Medicaid programs. Almost every ‘‘(VI) COMPUTER TECHNOLOGY OR EQUIP- people want to stay in their homes; MENT.—The term ‘computer technology or parents want to keep their children State offers at least one home and equipment’ has the meaning given such term with disabilities close by; and adults community based Medicaid waiver pro- in section 170(e)(6)(E)(i). with disabilities want to live in the gram. Indeed, this is one of Senator ‘‘(VII) ADVANCED MATERIALS.—The term community. Chafee’s most important legacies. He ‘advanced materials’ means materials with was ahead of his time. engineered properties created through the And yet, even though many people prefer home and community services The States have realized that com- development of specialized processing and munity based care is both popular and synthesis technology, including ceramics, and supports, our current long term high value-added metals, electronics mate- care program favors institutional pro- cost effective, and personal assistance rials, composites, polymers, and biomate- grams. Under our current Medicaid sys- services and supports are a key compo- rials. tem, a person has a right to the most nent of a successful program. ‘‘(C) ELIGIBLE EDUCATIONAL INSTITUTION.— expensive form of care, a nursing home And yet there are several reasons For purposes of subparagraph (A), the term bed, because nursing home care is an why we have to do more. ‘eligible educational institution’ has the entitlement. But if that same person Federal Medicaid policy should re- meaning given such term by section 529(e)(5). wants to live in the community, he or flect the consensus that Americans ‘‘(d) SPECIAL RULES.—For purposes of this she is likely to encounter a lack of with disabilities should have the equal section— opportunity to contribute to our com- ‘‘(1) AGGREGATION RULES.—All persons available services, because community which are treated as a single employer under services are optional under Medicaid. munities and participate in our society subsections (a) and (b) of section 52 shall be The deck is stacked against commu- as full citizens. Instead, our current treated as a single taxpayer. nity living, and the purpose of our bill Federal Medicaid policy favors exclu- ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND is to level the playing field and give sion over integration, and dependence TRUSTS.—Under regulations prescribed by people a real choice. over self-determination. This legisla- the Secretary, rules similar to the rules of Our bill would allow any person enti- tion will bring Medicaid policy in line subsection (d) of section 52 shall apply. tled to medical assistance in a nursing with our broader agreement that ‘‘(3) ALLOCATION IN THE CASE OF PARTNER- facility or an intermediate care facil- Americans with disabilities should SHIPS.—In the case of partnerships, the cred- have the chance to move toward inde- it shall be allocated among partners under ity to use the money for community regulations prescribed by the Secretary. attendant services and supports. Those pendence. This bill allows people to re- ceive certain types of services in the ‘‘(f) NO DOUBLE BENEFIT.—No deduction or services and supports include help with credit shall be allowed under any other pro- eating, bathing, brooming, toileting, community so that they don’t have to vision of this chapter with respect to any ex- transferring in and out of a wheelchair, sacrifice their full participation in so- penditure taken into account in computing meal planning and preparation, shop- ciety simply because they require a the amount of the credit determined under ping, household chores, using the tele- catheter, assistance with medication, this section.’’ phone, participating in the community, or some other basic service. (b) CONFORMING AMENDMENTS.— and health-related functions like tak- Take the example of a friend of mine (1) Section 38(b) of the Internal Revenue ing pills, bowel and bladder care, and in Iowa. Dan Piper works at a hardware Code of 1986 is amended— store. He has his own apartment and (A) by striking out ‘‘plus’’ at the end of tube feeding. In short, personal assist- paragraph (11), ance services and supports help people just bought a VCR. He also has Down’s (B) by striking out the period at the end of do tasks that they would do them syndrome and diabetes. For years Dan paragraph (12), and inserting a comma and selves, if they did not have a disability. has received services through a com- ‘‘plus’’, and Personal assistance services and sup- munity waiver program. But, he re- (C) by adding at the end the following: ports are the lowest-cost and most con- cently learned that he might not be

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14638 CONGRESSIONAL RECORD — SENATE November 16, 1999 able to receive some basic services ity of life, and a better chance to take (b) PURPOSES.—The purposes of this Act under the waiver. The result of this de- part in the American dream. are as follows: cision? He may have to sacrifice his I urge my colleagues and their staff (1) To provide that States shall offer com- independence for services. Today, Dan to study our proposal over the break. I munity attendant services and supports for hope there will be hearings and action eligible individuals with disabilities. works and contributes to the economy (2) To provide financial assistance to as both a wage earner and a consumer. on this bill next year. And, finally, I States to support systems change initiatives But, tomorrow, he may be forced into a ask unanimous consent that the bill, that are designed to assist each State in de- nursing home, far from his roommate, along with letters in support of the veloping and enhancing a comprehensive his job, and his family. bill, be printed in the RECORD. consumer-responsive statewide system of In addition, our country is facing a There being no objection, the mate- long-term services and supports that pro- long-term care crisis of epic propor- rial was ordered to be printed in the vides real consumer choice and direction tions in the not-too distant future. We RECORD, as follows: consistent with the principle that services all talk about the coming Social Secu- S. 1935 and supports should be provided in the most Be it enacted by the Senate and House of Rep- integrated setting appropriate to meeting rity shortfall and the Medicare short- the unique needs of the individual. fall, but we do not talk about the long- resentatives of the United States of America in (c) POLICY.—It is the policy of the United term care shortfall. The truth is that Congress assembled, SECTION 1. SHORT TITLE. States that all programs, projects, and ac- our current long-term care system will This Act may be cited as the ‘‘Medicaid tivities receiving assistance under this Act be inadequate to deal with the aging of Community Attendant Services and Sup- shall be carried out in a manner consistent the baby boom generation, the oldest ports Act of 1999’’. with the following principles: of whom are now turning 60. Our bill SEC. 2. FINDINGS, PURPOSES, AND POLICY. (1) Individuals with disabilities, or, as ap- helps to create the infrastructure we (a) FINDINGS.—Congress makes the fol- propriate, their representatives, must be em- will need to create the high-quality, lowing findings: powered to exercise real choice in selecting (1) Many studies have found that an over- long-term services and supports that are of community based long term care sys- high quality, cost-effective, and meet the tem of the future. And it will give fam- whelming majority of individuals with dis- abilities needing long-term services and sup- unique needs of the individual in the most ilies the small amount of outside help ports would prefer to receive them in home integrated setting appropriate. they need to continue providing care to and community-based settings rather than (2) No individual should be forced into an their loved ones at home. in institutions. However, research on the institution to receive services that can be ef- And, finally, in a common sense deci- provision of long-term services and supports fectively and efficiently delivered in the sion last June, the Supreme Court under the medicaid program (conducted by home or community. found that, to the extent Medicaid dol- and on behalf of the Department of Health (3) Federal and State policies, practices, lars are used to pay for a person’s long and Human Services) has revealed a signifi- and procedures should facilitate and be re- sponsive to, and not impede, an individual’s term care, that person has a right to cant bias toward funding these services in in- stitutional rather than home and commu- choice in selecting long-term services and receive those services in the most inte- nity-based settings. The extent of this bias is supports. grated setting. States must take prac- indicated by the fact that 75 percent of med- (4) Individuals and their families receiving tical steps to avoid unjustified institu- icaid funds for long-term services and sup- long-term services and supports must be in- tionalization by offering individuals ports are expended in nursing homes and in- volved in decisionmaking about their own with disabilities the supports they need termediate care facilities for the mentally care and be provided with sufficient informa- to live in the community. We in Con- retarded while approximately 25 percent of tion to make informed choices. gress have a responsibility to help such funds pays for services in home and SEC. 3. COVERAGE OF COMMUNITY ATTENDANT States meet the financial costs associ- community-based settings. SERVICES AND SUPPORTS UNDER (2) Because of this bias, significant num- THE MEDICAID PROGRAM. ated with serving people with disabil- bers of individuals with disabilities of all (a) REQUIRED COVERAGE FOR INDIVIDUALS ities that want to leave institutions ages who would prefer to live in the commu- ENTITLED TO NURSING FACILITY SERVICES OR and live in the community, and the bill nity and could do so with community attend- ELIGIBLE FOR INTERMEDIATE CARE FACILITY I am introducing will provide that ant services and supports are forced to live SERVICES FOR THE MENTALLY RETARDED.— help. in unnecessarily segregated institutional Section 1902(a)(10)(D) of the Social Security And so I call upon my colleagues for settings if they want to receive needed serv- Act (42 U.S.C. 1396a(a)(10)(D)) is amended— your support. Millions of Americans re- ices and supports. Benefit packages provided (1) by inserting ‘‘(i)’’ after ‘‘(D)’’; quire some assistance to help them eat, in these settings are medically-oriented and (2) by adding ‘‘and’’ after the semicolon; dress, go to the bathroom, clean house, constitute barriers to the receipt of the and types of services individuals need and want. move from bed to wheelchair, remem- (3) by adding at the end the following: Decisions regarding the provision of services ‘‘(ii) subject to section 1935, for the inclu- ber to take medication, and to perform and supports are too often influenced by sion of community attendant services and other activities that make it possible what is reimbursable rather than by what in- supports for any individual who is eligible for them to live at home. These Ameri- dividuals need and want. for medical assistance under the State plan cans live in every State and every con- (3) There is a growing recognition that dis- and with respect to whom there has been a gressional district. Most of these peo- ability is a natural part of the human experi- determination that the individual requires ple have depended on unpaid care- ence that in no way diminishes an individ- the level of care provided in a nursing facil- givers—usually family members—for ual’s right to— ity or an intermediate care facility for the (A) live independently; their needs. But a number of factors mentally retarded (whether or not coverage (B) enjoy self-determination; of such intermediate care facility is provided have affected the ability of family (C) make choices; under the State plan) and who requires such members to help. A growing number of (D) contribute to society; and community attendant services and supports elderly people need assistance, and (E) enjoy full inclusion and integration in based on functional need and without regard aging parents will no longer be able to the mainstream of American society. to age or disability;’’. care for their adult children with dis- (4) Long-term services and supports pro- (b) MEDICAID COVERAGE OF COMMUNITY AT- abilities. vided under the medicaid program must TENDANT SERVICES AND SUPPORTS.— But they all have one thing in com- meet the evolving and changing needs and (1) IN GENERAL.—Title XIX of the Social mon with every American. We all de- preferences of individuals with disabilities, Security Act (42 U.S.C. 1396 et seq.) is including the preferences for living within amended— serve to live in our own homes, and be one’s own home or living with one’s own an integral part of our families, our (A) by redesignating section 1935 as section family and becoming productive members of 1936; and neighborhoods, our communities. Com- the community. (B) by inserting after section 1934 the fol- munity attendant services and sup- (5) The goals of the Nation properly in- lowing: ports allow people with disabilities to clude providing individuals with disabilities with— ‘‘COMMUNITY ATTENDANT SERVICES AND lead richer, fuller lives, perhaps have a SUPPORTS job, and participate in the community. (A) a meaningful choice of receiving long- Some will become taxpayers, some will term services and supports in the most inte- ‘‘SEC. 1935. (a) DEFINITIONS.—In this title: grated setting appropriate; ‘‘(1) COMMUNITY ATTENDANT SERVICES AND do volunteer work, some will get an (B) the greatest possible control over the SUPPORTS.— education, some will participate in rec- services received; and ‘‘(A) IN GENERAL.—The term ‘community reational and other community activi- (C) quality services that maximize social attendant services and supports’ means at- ties. All will experience a better qual- functioning in the home and community. tendant services and supports furnished to

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14639 an individual, as needed, to assist in accom- provider model, for the provision of con- consumers and their representatives, dis- plishing activities of daily living, instru- sumer-directed services and supports. Such ability organizations, providers, family, mental activities of daily living, and health- models may include the provision of vouch- members of the community, and others. related functions through hands-on assist- ers, direct cash payments, or use of a fiscal ‘‘(4) The State provides ongoing moni- ance, supervision, or cueing— agent to assist in obtaining services. toring of the health and well-being of each ‘‘(i) under a plan of services and supports ‘‘(D) HEALTH-RELATED FUNCTIONS.—The recipient. that is based on an assessment of functional term ‘health-related functions’ means func- ‘‘(5) The State shall require that quality need and that is agreed to by the individual tions that can be delegated or assigned by li- assurance mechanisms appropriate for the or, as appropriate, the individual’s represent- censed health-care professionals under State individual should be included in the individ- ative; law to be performed by an attendant. ual’s written plan. ‘‘(ii) in a home or community setting, ‘‘(E) INSTRUMENTAL ACTIVITIES OF DAILY ‘‘(6) The State shall establish a process for which may include a school, workplace, or LIVING.—The term ‘instrumental activities of mandatory reporting, investigation, and res- recreation or religious facility, but does not daily living’ includes meal planning and olution of allegations of neglect, abuse, or include a nursing facility, an intermediate preparation, managing finances, shopping for exploitation. care facility for the mentally retarded, or food, clothing and other essential items, per- ‘‘(7) The State shall obtain meaningful other congregate facility; forming essential household chores, commu- consumer input, including consumer surveys, ‘‘(iii) under an agency-provider model or nicating by phone and other media, and get- that measure the extent to which a partici- other model (as defined in paragraph (2)(C)); ting around and participating in the commu- pant receives the services and supports de- and nity. scribed in the individual’s plan and the par- ‘‘(iv) the furnishing of which is selected, ‘‘(F) INDIVIDUAL’S REPRESENTATIVE.—The ticipant’s satisfaction with such services and managed, and dismissed by the individual, term ‘individual’s representative’ means a supports. or, as appropriate, with assistance from the parent, a family member, a guardian, an ad- ‘‘(8) The State shall make available to the individual’s representative. vocate, or an authorized representative of an public the findings of the quality assurance ‘‘(B) INCLUDED SERVICES AND SUPPORTS.— individual. program. Such term includes— ‘‘(b) LIMITATION ON AMOUNTS OF EXPENDI- ‘‘(9) The State shall establish an on-going ‘‘(i) tasks necessary to assist an individual TURES UNDER THIS TITLE.—In carrying out public process for the development, imple- in accomplishing activities of daily living, section 1902(a)(10)(D)(ii), a State shall permit mentation, and review of the State’s quality instrumental activities of daily living, and an individual who has a level of severity of assurance program. health-related functions; physical or mental impairment that entitles ‘‘(10) The State shall develop and imple- ‘‘(ii) acquisition, maintenance, and en- such individual to medical assistance with ment a program of sanctions. hancement of skills necessary for the indi- respect to nursing facility services or quali- ‘‘(e) FEDERAL ROLE IN QUALITY ASSUR- vidual to accomplish activities of daily liv- fies the individual for intermediate care fa- ANCE.—The Secretary shall conduct a peri- ing, instrumental activities of daily living, cility services for the mentally retarded to odic sample review of outcomes for individ- and health-related functions; choose to receive medical assistance for uals based upon the individual’s plan of sup- ‘‘(iii) backup systems or mechanisms (such community attendant services and supports port and based upon the quality assurance as the use of beepers) to ensure continuity of (rather than medical assistance for such in- program of the State. The Secretary may services and supports; and stitutional services and supports), in the conduct targeted reviews upon receipt of al- ‘‘(iv) voluntary training on how to select, most integrated setting appropriate to the legations of neglect, abuse, or exploitation. manage, and dismiss attendants. needs of the individual, so long as the aggre- The Secretary shall develop guidelines for ‘‘(C) EXCLUDED SERVICES AND SUPPORTS.— gate amount of the Federal expenditures for States to use in developing sanctions. Subject to subparagraph (D), such term does community attendant services and supports ‘‘(f) REQUIREMENT TO EXPAND ELIGIBILITY.— not include— for all such individuals in a fiscal year does Effective October 1, 2000, a State may not ex- ‘‘(i) provision of room and board for the in- not exceed the total that would have been ercise the option of coverage of individuals dividual; expended for such individuals to receive such under section 1902(a)(10)(A)(ii)(V) without ‘‘(ii) special education and related services institutional services and supports in the providing coverage under section provided under the Individuals with Disabil- year. 1902(a)(10)(A)(ii)(VI). ities Education Act and vocational rehabili- ‘‘(c) MAINTENANCE OF EFFORT.—With re- ‘‘(g) REPORT ON IMPACT OF SECTION.—The tation services provided under the Rehabili- spect to a fiscal year quarter, no Federal Secretary shall submit to Congress periodic tation Act of 1973; funds may be paid to a State for medical as- reports on the impact of this section on ‘‘(iii) assistive technology devices and as- sistance provided to individuals described in beneficiaries, States, and the Federal Gov- sistive technology services; section 1902(a)(10)(D)(ii) for such fiscal year ernment.’’. ‘‘(iv) durable medical equipment; or quarter if the Secretary determines that the (c) INCLUSION IN OPTIONAL ELIGIBILITY ‘‘(v) home modifications. total of the State expenditures for programs CLASSIFICATION.—Section ‘‘(D) FLEXIBILITY IN TRANSITION TO COMMU- to enable such individuals with disabilities 1902(a)(10)(A)(ii)(VI) of the Social Security NITY-BASED HOME SETTING.—Such term may to receive community attendant services and Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) is include expenditures for transitional costs, supports (or services and supports that are amended by inserting ‘‘or community at- such as rent and utility deposits, first similar to such services and supports) under tendant services and supports described in months’s rent and utilities, bedding, basic other provisions of this title for the pre- section 1935’’ after ‘‘section 1915’’ each place kitchen supplies, and other necessities re- ceding fiscal year quarter is less than the such term appears. quired for an individual to make the transi- total of such expenditures for the same fiscal (d) COVERAGE AS MEDICAL ASSISTANCE.— tion from a nursing facility or intermediate year quarter for the preceding fiscal year. (1) IN GENERAL.—Section 1905(a) of the So- care facility for the mentally retarded to a ‘‘(d) STATE QUALITY ASSURANCE PRO- cial Security Act (42 U.S.C. 1396d) is amend- community-based home setting where the in- GRAM.—In order to continue to receive Fed- ed— dividual resides. eral financial participation for providing (A) by striking ‘‘and’’ at the end of para- ‘‘(2) ADDITIONAL DEFINITIONS.— community attendant services and supports graph (26); ‘‘(A) ACTIVITIES OF DAILY LIVING.—The under this section, a State shall, at a min- (B) by redesignating paragraph (27) as term ‘activities of daily living’ includes eat- imum, establish and maintain a quality as- paragraph (28); and ing, toileting, grooming, dressing, bathing, surance program that provides for the fol- (C) by inserting after paragraph (26) the and transferring. lowing: following: ‘‘(B) CONSUMER DIRECTED.—The term ‘con- ‘‘(1) The State shall establish require- ‘‘(27) community attendant services and sumer directed’ means a method of providing ments, as appropriate, for agency-based and supports (to the extent allowed and as de- services and supports that allow the indi- other models that include— fined in section 1935); and’’. vidual, or where appropriate, the individual’s ‘‘(A) minimum qualifications and training (2) CONFORMING AMENDMENTS.— representative, maximum control of the requirements, as appropriate for agency- (A) Section 1902(j) of the Social Security community attendant services and supports, based and other models; Act (42 U.S.C. 1396a(j)) is amended by strik- regardless of who acts as the employer of ‘‘(B) financial operating standards; and ing ‘‘of of’’ and inserting ‘‘of’’. record. ‘‘(C) an appeals procedure for eligibility de- (B) Section 1902(a)(10)(C)(iv) of the Social ‘‘(C) DELIVERY MODELS.— nials and a procedure for resolving disagree- Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is ‘‘(i) AGENCY-PROVIDER MODEL.—The term ments over the terms of an individualized amended by inserting ‘‘and (27)’’ after ‘‘(24)’’. ‘agency-provider model’ means, with respect plan. SEC. 4. GRANTS TO DEVELOP AND ESTABLISH to the provision of community attendant ‘‘(2) The State shall modify the quality as- REAL CHOICE SYSTEMS CHANGE INI- services and supports for an individual, a surance program, where appropriate, to TIATIVES. method of providing consumer-directed serv- maximize consumer independence and con- (a) ESTABLISHMENT.— ices and supports under which entities con- sumer direction in both agency-provided and (1) IN GENERAL.—The Secretary of Health tract for the provision of such services and other models. and Human Services (referred to in this sec- supports. ‘‘(3) The State shall provide a system that tion as the ‘‘Secretary’’) shall award grants ‘‘(ii) OTHER MODELS.—The term ‘other mod- allows for the external monitoring of the described in subsection (b) to States to sup- els’ means methods, other than an agency- quality of services by entities consisting of port real choice systems change initiatives

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14640 CONGRESSIONAL RECORD — SENATE November 16, 1999 that establish specific action steps and spe- implement strategies for modifying policies, Disabilities Councils, State Independent Liv- cific timetables to provide consumer-respon- practices, and procedures that unnecessarily ing Councils, Commissions on Aging, organi- sive long term services and supports to eligi- bias the provision of long-term services and zations that provide services to individuals ble individuals in the most integrated set- supports by health care professionals to the with disabilities and consumers of long-term ting appropriate based on the unique extent that quality services and supports can services and supports. strengths and needs of the individual and the be provided by other qualified individuals, (B) INDIVIDUALS WITH DISABILITIES.—A ma- priorities and concerns of the individual (or, including policies, practices, and procedures jority of the members of the Task Force as appropriate, the individual’s representa- governing service authorization, case man- shall be individuals with disabilities or the tive). agement, and service coordination, service representatives of such individuals. (2) ELIGIBILITY.—To be eligible for a grant delivery options, quality controls, and super- (C) LIMITATION.—The Task Force shall not under this section, a State shall— vision and training. include employees of any State agency pro- (A) establish the Consumer Task Force in (4) INTERAGENCY COORDINATION; SINGLE viding services to individuals with disabil- accordance with subsection (d); and POINT OF ENTRY.—The State may support ac- ities other than employees of agencies de- (B) submit an application at such time, in tivities to identify and coordinate Federal scribed in the Developmental Disabilities As- such manner, and containing such informa- and State policies, resources, and services, sistance and Bill of Rights Act (42 U.S.C. 6000 tion as the Secretary may determine. The relating to the provision of long-term serv- et seq.). application shall be jointly developed and ices and supports, including the convening of (e) AVAILABILITY OF FUNDS.— signed by the designated State official and interagency work groups and the entering (1) FUNDS ALLOTTED TO STATES.—Funds al- the chairperson of such Task Force, acting into of interagency agreements that provide lotted to a State under a grant made under on behalf of and at the direction of the Task for a single point of entry and the design and this section for a fiscal year shall remain Force. implementation of a coordinated screening available until expended. (3) DEFINITION OF STATE.—In this section, and assessment system for all persons eligi- (2) FUNDS NOT ALLOTTED TO STATES.—Funds the term ‘‘State’’ means each of the 50 ble for long-term services and supports. not allotted to States in the fiscal year for States, the District of Columbia, Puerto (5) TRAINING AND TECHNICAL ASSISTANCE.— which they are appropriated shall remain Rico, Guam, the United States Virgin Is- The State may carry out directly, or may available in succeeding fiscal years for allot- lands, American Samoa, and the Common- provide support to a public or private entity ment by the Secretary using the allotment wealth of the Northern Mariana Islands. to carry out training and technical assist- formula established by the Secretary under (b) GRANTS FOR REAL CHOICE SYSTEMS ance activities that are provided for individ- subsection (b)(2). CHANGE INITIATIVES.— uals with disabilities, and, as appropriate, (f) ANNUAL REPORT.—A State that receives (1) IN GENERAL.—From funds appropriated their representatives, attendants, and other a grant under this section shall submit an under subsection (f), the Secretary shall personnel (including professionals, para- annual report to the Secretary on the use of award grants to States to— professionals, volunteers, and other members funds provided under the grant. Each report (A) support the establishment, implemen- of the community). shall include the percentage increase in the tation, and operation of the State real choice (6) PUBLIC AWARENESS.—The State may number of eligible individuals in the State systems change initiatives described in sub- support a public awareness program that is who receive long-term services and supports section (a); and designed to provide information relating to in the most integrated setting appropriate, (B) conduct outreach campaigns regarding the availability of choices available to indi- including through community attendant the existence of such initiatives. viduals with disabilities for receiving long- services and supports and other community- (2) DETERMINATION OF AWARDS; STATE AL- term services and support in the most inte- based settings. LOTMENTS.—The Secretary shall develop a grated setting appropriate. (g) APPROPRIATION.—Out of any funds in formula for the distribution of funds to (7) DOWNSIZING OF LARGE INSTITUTIONS.— the Treasury not otherwise appropriated, States for each fiscal year under subsection The State may use funds to support the per there is authorized to be appropriated and (a). Such formula shall give preference to capita increased fixed costs in institutional there is appropriated to make grants under States that have a relatively higher propor- settings directly related to the movement of this section for— tion of long-term services and supports fur- individuals with disabilities out of specific (1) fiscal year 2001, $25,000,000; and nished to individuals in an institutional set- facilities and into community-based set- (2) for fiscal year 2002 and each fiscal year ting but who have a plan described in an ap- tings. thereafter, such sums as may be necessary to plication submitted under subsection (a)(2). (8) TRANSITIONAL COSTS.—The State may carry out this section. (c) AUTHORIZED ACTIVITIES.—A State that use funds to provide transitional costs de- SEC. 5. STATE OPTION FOR ELIGIBILITY FOR IN- receives a grant under this section shall use scribed in section 1935(a)(1)(D) of the Social DIVIDUALS. the funds made available through the grant Security Act, as added by this Act. (a) IN GENERAL.—Section 1903(f) of the So- to accomplish the purposes described in sub- (9) TASK FORCE.—The State may use funds cial Security Act (42 U.S.C. 1396b(f)) is section (a) and, in accomplishing such pur- to support the operation of the Consumer amended— poses, may carry out any of the following Task Force established under subsection (d). (1) in paragraph (4)(C), by inserting ‘‘sub- systems change activities: (10) DEMONSTRATIONS OF NEW AP- ject to paragraph (5),’’ after ‘‘does not ex- (1) NEEDS ASSESSMENT AND DATA GATH- PROACHES.—The State may use funds to con- ceed’’, and ERING.—The State may use funds to conduct duct, on a time-limited basis, the demonstra- (2) by adding at the end the following: a statewide needs assessment that may be tion of new approaches to accomplishing the ‘‘(5)(A) A State may waive the income, re- based on data in existence on the date on purposes described in subsection (a). sources, and deeming limitations described which the assessment is initiated and may (11) OTHER ACTIVITIES.—The State may use in paragraph (4)(C) in such cases as the State include information about the number of in- funds for any systems change activities that finds the potential for employment opportu- dividuals within the State who are receiving are not described in any of the preceding nities would be enhanced through the provi- long-term services and supports in unneces- paragraphs of this subsection and that are sion of medical assistance for community at- sarily segregated settings, the nature and ex- necessary for developing, implementing, or tendant services and supports in accordance tent to which current programs respond to evaluating the comprehensive statewide sys- with section 1935. the preferences of individuals with disabil- tem of long term services and supports. ‘‘(B) In the case of an individual who is eli- ities to receive services in home and commu- (d) CONSUMER TASK FORCE.— gible for medical assistance described in sub- nity-based settings as well as in institu- (1) ESTABLISHMENT AND DUTIES.—To be eli- paragraph (A) only as a result of the applica- tional settings, and the expected change in gible to receive a grant under this section, tion of such subparagraph, the State may, demand for services provided in home and each State shall establish a Consumer Task notwithstanding section 1916(b), impose a community settings as well as institutional Force (referred to in this section as the premium based on a sliding scale related to settings. ‘‘Task Force’’) to assist the State in the de- income.’’. (2) INSTITUTIONAL BIAS.—The State may use velopment, implementation, and evaluation (b) EFFECTIVE DATE.—The amendments funds to identify, develop, and implement of real choice systems change initiatives. made by subsection (a) shall apply to med- strategies for modifying policies, practices, (2) APPOINTMENT.—Members of the Task ical assistance provided for community at- and procedures that unnecessarily bias the Force shall be appointed by the Chief Execu- tendant services and supports described in provision of long-term services and supports tive Officer of the State in accordance with section 1935 of the Social Security Act fur- toward institutional settings and away from the requirements of paragraph (3), after the nished on or after October 1, 2000. home and community-based settings, includ- solicitation of recommendations from rep- SEC. 6. STUDIES AND REPORTS. ing policies, practices, and procedures gov- resentatives of organizations representing a (a) REVIEW OF, AND REPORT ON, REGULA- erning statewideness, comparability in broad range of individuals with disabilities TIONS.—The National Council on Disability amount, duration, and scope of services, fi- and organizations interested in individuals established under title IV of the Rehabilita- nancial eligibility, individualized functional with disabilities. tion Act of 1973 (29 U.S.C. 780 et seq.) shall assessments and screenings (including indi- (3) COMPOSITION.— review regulations in existence under title vidual and family involvement), and knowl- (A) IN GENERAL.—The Task Force shall rep- XIX of the Social Security Act (42 U.S.C. 1396 edge about service options. resent a broad range of individuals with dis- et seq.) on the date of enactment of this Act (3) OVER MEDICALIZATION OF SERVICES.—The abilities from diverse backgrounds and shall insofar as such regulations regulate the pro- State may use funds to identify, develop, and include representatives from Developmental vision of home health services, personal care

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14641 services, and other services in home and grams for Rural Independent Living (APRIL) PVA has long recognized that disability is community-based settings and, not later I want to wholeheartedly endorse your ef- a natural part of life. People with disabil- than 1 year after such date, submit a report forts to pass this important piece of legisla- ities have the right to live independently, to Congress on the results of such study, to- tion. enjoy self-determination, make independent gether with any recommendations for legis- APRIL is a national network of over 150 choices, contribute to society and enjoy full lation that the Council determines to be ap- members, primarily rural centers for inde- inclusion and integration into the main- propriate as a result of the study. pendent living (CILs), CIL satellite offices stream of American society. This legislation (b) REPORT ON REDUCED TITLE XIX EXPEND- and statewide independent living councils will help advance this cause and PVA stands ITURES.—Not later than 1 year after the date (SILCs), as well as other related organiza- ready and willing to work with you and your of enactment of this Act, the Secretary of tions and individuals concerned about people staff to ensure passage of the Medicaid Com- Health and Human Services shall submit to with disabilities living and working in Rural munity Attendant Services and Supports Act Congress a report on how expenditures under America. We are a nonprofit group, who for of 1999. the medicaid program under title XIX of the the past twelve years, has continued to grow Sincerely, Social Security Act (42 U.S.C. 1396 et seq.) in both numbers and in our efforts to bring JOHN C. BOLLINGER, can be reduced by the furnishing of commu- to light the myriad of issues facing our rural Deputy Executive Director. nity attendant services and supports in ac- constituents. Our membership in turn, rep- cordance with section 1935 of such Act (as resents thousands of consumers, many of THE ARC, added by section 3 of this Act). whom still remain confined to rooms in their Arlington, TX, November 16, 1999. SEC. 7. TASK FORCE ON FINANCING OF LONG- homes, or in institutions due to lack of com- Hon. THOMAS HARKIN, TERM CARE SERVICES. munity supports. Hon. ARLEN SPECTER, The Secretary of Health and Human Serv- MiCASA is a Bill that has been long in U.S. Senate, Washington, DC. ices shall establish a task force to examine coming and APRIL has joined with it’s na- DEAR SENATORS HARKIN AND SPECTER: On appropriate methods for financing long-term tional colleagues throughout the years to behalf of The Arc of the United States, I services and supports. The task force shall urge that such a consumer-directed, commu- wish to express our strong support for intro- include significant representation of individ- nity-based model of attendant services and ducing the Medicaid Community Attendant uals (and representatives of individuals) who support be implemented throughout the Services and Supports Act (MiCASSA). receive such services and supports. United States. Let’s hope that as the new MiCASSA represents an important step in millennium draws near, that mandatory in- reforming our long-term care policy by help- NATIONAL COUNCIL ON stitutionalization will be unnecessary, and ing to reduce the institutional bias in our INDEPENDENT LIVING, that the long-standing bias toward these in- long-term care services system. By doing so, Arlington, VA, November 15, 1999. stitutions will have ended. MiCASSA would help individuals with men- Hon. TOM HARKIN, As you well know, coming from the rural tal retardation live quality lives in the com- U.S. Senate, Washington, DC. state of Iowa, there are too many barriers DEAR SENATOR HARKIN, The National Coun- for people with disabilities—from lack of munity. cil on Independent Living (NCIL) applauds transportation, housing, job opportunities, Created over thirty years ago, our long- your leadership in introducing the Medicaid personal attendants, financial resources, term care service system is funded mainly by Community Attendant Services and Sup- community access and outdated, limiting at- Medicare and Medicaid dollars. Today, over ports Act (MiCASSA). titudes. All these obstacles are compounded 75 percent of Medicaid long-term care dollars NCIL is the national membership organiza- in the isolation of rural America. The pas- are spent on institutional services, leaving tion for centers for independent living and sage of MiCASA would eliminate of one of few dollars for community-based services. A people with disabilities. Our membership in- the greatest barriers that people face. Your national long-term service policy should not cludes individuals and organizations from record of supporting the rights of our people, favor institutions over home and commu- each of the 50 states. As a leading national, is solid. Our continued support of you and nity-based services. It should allow families cross-disability, grassroots organization run your efforts is assured. Please let us know, and individuals real choice regarding where by and for people with disabilities, NCIL has as the legislation begins it’s journey towards and how services should be delivered. been instrumental in efforts to advance the passage, how we may help assure it’s success. People with mental retardation want to rights and opportunities for all Americans As always, our thanks to ADAPT and the live, work and play in the community. with disabilities. others who work so steadfastly on our be- MiCASSA would help keep families together The members of NCIL have wholeheartedly half. and would prevent people with mental retar- endorsed MiCASSA, have selected its pas- LINDA GONZALES, dation from being unnecessarily institu- sage as one of our top priorities. We join National Coordinator. tionalized. Community services have also with our colleagues from ADAPT, who are shown on average to be less expensive than leading the national effort to pass MiCASSA. PARALYZED VETERANS OF AMERICA, institutional services. There is nothing more important to our Washington, DC, November 16, 1999. MiCASSA complements the 1999 Supreme members than real choice for people with Hon. TOM HARKIN, Court decision in Olmstead, by providing a disabilities. Passage of MiCASSA will create Senate Office Building, Washington, DC. way for states to meet their obligations the critical systems change needed for peo- DEAR SENATOR HARKIN: On behalf of the under the decision. It would also help reduce ple with disabilities to enjoy the freedom of Paralyzed Veterans of America (PVA), I the interminable waiting lists for commu- real choice in services and supports. This want to thank you for introducing ‘‘The nity-based services and supports. will allow people with disabilities to finally Medicaid Community Attendant Services The Arc of the Untied States, the largest enjoy their civil right to live in their own and Supports Act of 1999.’’ This bill will national voluntary organization devoted homes, free from isolation and segregation allow qualified individuals with disabilities solely to the welfare of people with mental in nursing homes and institutions. the option of receiving long term services retardation and their families, stands ready We thank you for your vision and for your and supports including personal assistant to assist you in any way to move this impor- willingness to lead the effort to achieve free- services in a home and community based set- tant piece of legislation. dom for our people. You can count on NCIL tings rather than in institutions. Sincerely, to work alongside you as we give our finest PVA has been a long time advocate for BRENDA DOSS, efforts towards passage of MiCASSA at the consumer-directed personal assistant serv- President. very beginning of the new millennium. ices (PAS). Attendants providing PAS per- Sincerely Yours, form activities of daily living (ADLs) for JUSTIN DART, Jr., PAUL SPOONER, people with disabilities including feeding, President. bathing, toileting, dressing, and transfer- Washington, DC, November 16, 1999. Hon. TOM HARKIN, MIKE OXFORD, ring. With PAS, many PVA members and Vice President and Chair, thousands of people with disabilities across U.S. Senator, Senate Hart Office Building, Personal Assistance the country are able to live independent and Washington, DC. Services Sub-Committee. active lives at home or in a community set- DEAR SENATOR HARKIN: I know that the ting. great majority of 54 million Americans with THE ASSOCIATION OF PROGRAMS Historically, long term services for people disabilities join me in congratulating you FOR RURAL INDEPENDENT LIVING, with disabilities have been provided in nurs- and Senator Spector on introducing the Med- Kent, OH, November 12, 1999. ing homes and in institutional settings. icaid Community Attendant Services and Senator TOM HARKIN, Iowa, However, your bill will provide funds to Supports Act of 1999. U.S. Senate, Washington, DC. States to support systems change initiatives The passage of this law will be a landmark DEAR HONORABLE SENATOR, It is my under- that are designed to assist each State in de- progress for free-enterprise democracy. It standing that the Community Attendant veloping a comprehensive consumer respon- will pave the way for liberating hundreds of Services and Support Act (MiCASA) is about sive state wide system of long term services thousands of Americans from institutions by to be introduced by you, into Congress on and supports that will provide real consumer providing the simple services they need to Monday, November 15, 1999. On behalf of the choice and direct in an integrated setting ap- live in their homes and participate in their Governing Board of the Association of Pro- propriate to the needs of the individual. communities.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14642 CONGRESSIONAL RECORD — SENATE November 16, 1999 I urge every member of Congress to sup- tures on people living in the commu- came from the citizens of Bend them- port this historic legislation. nity exceeds what would have been selves. They worked with Forest Serv- Sincerely, spent on the same people had they been ice personnel in the adjacent Deschutes JUSTIN DART, in nursing homes, the state can limit National Forest and crafted a win-win Justice For All. the program, perhaps by not letting solution to different problems. What NATIONAL SPINAL CORD any more people apply; no limiting others might have seen as a problem, INJURY ASSOCIATION, mechanism is mandated under this bill. namely the shutdown of the Pine Nurs- Silver Spring, MD, November 16, 1999. And finally, States would be required ery facility, they saw as an oppor- Hon. TOM HARKIN, to maintain expenditures for attendant tunity—the opportunity to provide a U.S. Senate, Washington, DC. care services under other Medicaid recreational complex for the commu- DEAR SENATOR HARKIN: The National Spi- community-based programs, thereby nity and to generate funding for needed nal Cord Injury Association (NSCIA) joins our colleagues from the National Council on preventing the states from shifting pa- facilities in the Deschutes Forest. This Independent Living and ADAPT in thanking tients into the new benefit proposed legislation would allow them to imple- you for your leadership in introducing the under this bill. ment this creative idea. Medicaid Community Attendant Services Let me speak briefly about why such Faced with the inevitable sale, trade and Support Act (MiCASSA). a change in Medicaid law is so des- or development of the Forest Service’s This bill, when passed, will make a signifi- perately needed. Only a few short Bend Pine Nursery, which supplied cant difference in the lives of the 600,000 peo- months ago, the Supreme Court held in seedlings for five decades of reforest- ple with spinal cord injury and disease in the ation work, last spring I met with rep- United States, many of whom are currently Olmstead v. L.C., 119 S. Ct. 2176 (1999), forced to choose institutional and nursing that the Americans with Disabilities resentatives from the Bend Metro home services when what they really need Act (ADA) requires States, under some Parks and Recreation District; the city are personal assistance services. It has been circumstances, to provide community- of Bend; the Bend School District; demonstrated repeatedly that community- based treatment to persons with men- folks from the soccer and Little League based services are better, more cost effective tal disabilities rather than placing baseball programs; and others who are and preferred. them in institutions. This decision and concerned about central Oregon’s We thank you for your support for people several lower court decisions have youth and adults having adequate rec- living with spinal cord injury and disease and for your willingness to lead the effort to pointed to the need for a structured reational facilities. offer real choices for people with disabilities. Medicaid attendant-care services ben- What these folks asked me to do was You can count on NSCIA’s support in the ef- efit in order to meet obligations under very straightforward: if the Forest fort to pass MiCASSA. the ADA. Disability advocates strongly service is going to sell, exchange, or Sincerely Yours, support this legislation, arguing that otherwise develop the former Bend THOMAS H. COUNTEE, JR., the lack of Medicaid communty-based Pine Nursery, the community wanted Executive Director. services options is discriminatory and the opportunity to acquire the prop- ∑ Mr. SPECTER. Mr. President, I have unhealthful for disabled individuals. erty for the development of a sports sought recognition to join Senator TOM Virtually every major disability advo- complex, playing fields and other fa- HARKIN, my colleague and distin- cacy group supports this bill, including cilities. guished ranking member of the Appro- ADAPT, the Arc, the National Council My bill simply creates an oppor- priations Subcommittee on Labor, on Independent Living, Paralyzed Vet- tunity for the Bend Metro Parks and Health and Human Services and Edu- erans of America, and the National Recreation District to work with the cation, which I chair, in introducing Spinal Cord Injury Association. people of Bend on whether or not to the Medicaid Attendant Care Services Senator HARKIN and I recognize that purchase this property. It does not re- and Supports Act of 1999. This creative such a shift in the Medicaid program is quire purchase by the community, it proposal addresses a glaring gap in a huge undertaking—but feel that it is simply gives the community a right of Federal health coverage, and assists a vitally important one. We are intro- first refusal to buy the property at fair one of our Nation’s most vulnerable ducing this legislation today in an at- market value. populations, persons with disabilities. I tempt to move ahead with the consid- At the same time, this legislation al- would also note that a similar version eration of crucial disability legislation lows the Deschutes National Forest to on this bill was included in the Health and to provide a starting point for de- address its need for a new administra- Care Assurance Act of 1999 (S. 24), bate. Mr. President, the time has come tive site. Currently, the Deschutes which I introduced on January 19, 1999. for concerted action in this arena. pays approximately $725,000 per year in In an effort to improve the delivery I urge the congressional leadership, annual lease and utility costs. This is of care and the comfort of those with including the appropriate committee 3⁄4 of a million dollars that is not being long-term disabilities, this vital legis- chairmen, to move forward in consid- spent on the ground, improving the lation would allow for reimbursement ering this legislation, and take the sig- quality of Deschutes National Forest for community-based attendant care nificant next step forward in achieving facilities, lands and resources. It is a services, in lieu of institutionalization, the objective of providing individuals credit to the leadership of the for eligible individuals who require with disabilities the freedom to live in Deschutes National Forest that they such services based on functional need, their own communities.∑ seek a way out from this unnecessary, without regard to the individual’s age unproductive and recurring expense. or the nature of the disability. The By Mr. WYDEN (for himself and My bill will enable the Deschutes to most recent data available tell us that Mr. SMITH or Oregon): use the money raised from the sale of 5.9 million individuals receive care for S. 1936. A bill to authorize the Sec- the nursery and other surplus prop- disabilities under the Medicaid pro- retary of Agriculture to sell or ex- erties in Oregon toward the acquisi- gram. The number of disabled who are change all or part of certain adminis- tion—and ownership—of a new admin- not currently enrolled in the program trative sites and other National Forest istrative site. The cost of a new build- who would apply for this improved ben- System land in the State of Oregon and ing is estimated to be about $7 million; efit is not easily counted, but would use the proceeds derived from the sale as my colleagues can see, the forest is likely be substantial given the pref- or exchange for National Forest Sys- paying almost a million dollars in rent erence of home and community-based tem purposes; to the Committee on En- each year. In the words of an ad from care over institutional care. ergy and Natural Resources. today’s ‘‘Bend Bulletin’’, and I quote: Under this proposal, States may THE BENT PINE NURSERY LAND CONVEYANCE ‘‘Tired of throwing away thousands on apply for grants for assistance in im- ACT rent? Think you can’t buy? think plementing ‘‘systems change’’ initia- Mr. WYDEN. Mr. President, I am in- again. If you’re stuck in the renter rut, tives, in order to eliminate the institu- troducing today legislation that will try it our way.’’ tional bias in their current policies and allow the Forest Service to sell an I look forward to a hearing next year for needs assessment activities. Fur- abandoned facility to the city of Bend, on this bill in the Energy and Natural ther, if a state can show that the ag- OR, to be used for recreational pur- Resources Subcommittee on Forests gregate amounts of Federal expendi- poses. The idea for this legislation and Public Land Management, of which

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14643 I am ranking member. I welcome my (3) RIGHT OF FIRST REFUSAL.—The Bend bill to preserve and protect the free colleague, Mr. SMITH, as an original co- Metro Parks and Recreation District or choice of individuals and employees to sponsor of this innovative bill other units of local government in Deschutes form, join, or assist labor organiza- I ask unanimous consent that a copy County, Oregon, shall be given the right of tions, or to refrain from such activi- first refusal to purchase the Bend Pine Nurs- of the bill be printed in the RECORD. ties. There being no objection, the bill was ery described in subsection (a)(1). (f) REVOCATIONS.— S. 484 ECORD ordered to be printed in the R , as (1) IN GENERAL.—Any public land order At the request of Mr. CAMPBELL, the follows: withdrawing land described in subsection (a) S. 1936 from all forms of appropriation under the name of the Senator from Vermont Be it enacted by the Senate and House of Rep- public land laws is revoked with respect to [Mr. LEAHY] was added as a cosponsor resentatives of the United States of America in any portion of the land conveyed by the Sec- of S. 484, a bill to provide for the grant- Congress assembled, retary under this section. ing of refugee status in the United SECTION 1. SHORT TITLE. (2) EFFECTIVE DATE.—The effective date of States to nationals of certain foreign This Act may be cited as the ‘‘Bend Pine any revocation under paragraph (1) shall be countries in which American Vietnam Nursery Land Conveyance Act’’. the date of the patent or deed conveying the War POW/MIAs or American Korean SEC. 2. DEFINITIONS. land. War POW/MIAs may be present, if In this Act: SEC. 4. DISPOSITION OF FUNDS. those nationals assist in the return to (1) SECRETARY.—The term ‘‘Secretary’’ (a) DEPOSIT OF PROCEEDS.—The Secretary means the Secretary of Agriculture. shall deposit the proceeds of a sale or ex- the United States of those POW/MIAs (2) STATE.—The term ‘‘State’’ means the change under section 3(a) in the fund estab- alive. State of Oregon. lished under Public Law 90–171 (16 U.S.C. S. 866 SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE 484a) (commonly known as the ‘‘Sisk Act’’). SITES. (b) USE OF PROCEEDS.—Funds deposited At the request of Mr. CONRAD, the (a) IN GENERAL.—The Secretary may, under subsection (a) shall be available to the name of the Senator from Arkansas under such terms and conditions as the Sec- Secretary, without further Act of appropria- [Mrs. LINCOLN] was added as a cospon- retary may prescribe, sell or exchange any or tion, for— sor of S. 866, a bill to direct the Sec- all right, title, and interest of the United (1) the acquisition, construction, or im- retary of Health and Human Services States in and to the following National For- provement of administrative facilities and to revise existing regulations con- est System land and improvements: associated land in connection with the (1) Bend Pine Nursery, comprising approxi- cerning the conditions of participation Deschutes National Forest; and for hospitals and ambulatory surgical mately 210 acres, as depicted on site plan (2) to the extent the funds are not nec- map entitled ‘‘Bend Pine Nursery Adminis- essary to carry out paragraph (1), the acqui- centers under the medicare program re- trative Site’’, dated May 13, 1999. sition of land and interests in land in the lating to certified registered nurse an- (2) The Federal Government-owned facili- State. esthetists’ services to make the regula- ties at Shelter Cove Resort, as depicted on (c) ADMINISTRATION.—Subject to valid ex- tions consistent with State supervision site plan map entitled ‘‘Shelter Cove Re- isting rights, the Secretary shall manage requirements. sort’’, dated November 3, 1997. any land acquired by purchase or exchange (3) Isolated parcels of National Forest Sys- under this Act in accordance with the Act of S. 1109 tem land located in sec. 25, T. 20 S., R. 10 E., March 1, 1911 (16 U.S.C. 480 et seq.) (com- At the request of Mr. MCCONNELL, and secs. 16, 17, 20, and 21, T. 20 S., R. 11 E., monly known as the ‘‘Weeks Act’’) and other the names of the Senator from Wis- Willamette Meridian, as depicted on the map laws (including regulations) pertaining to consin [Mr. FEINGOLD] and the Senator entitled ‘‘Isolated Parcels, Deschutes Na- the National Forest System. from Alabama [Mr. SESSIONS] were tional Forest’’, dated 1988. SEC. 5. CONSTRUCTION OF NEW ADMINISTRA- added as cosponsors of S. 1109, a bill to (4) Alsea Administrative Site, consisting of TIVE FACILITIES. approximately 24 acres, as depicted on site The Secretary may acquire, construct, or conserve global bear populations by plan map entitled ‘‘Alsea Administrative improve administrative facilities and associ- prohibiting the importation, expor- Site’’, dated May 14, 1999. ated land in connection with the Deschutes tation, and interstate trade of bear (5) Mapleton Administrative Site, con- National Forest System by using— viscera and items, products, or sub- sisting of approximately 8 acres, as depicted (1) funds made available under section 4(b); stances containing, or labeled or adver- on site plan map entitled ‘‘Mapleton Admin- and tised as containing, bear viscera, and istrative Site’’, dated May 14, 1999. (2) to the extent the funds are insufficient for other purposes. (6) Springdale Administrative Site, con- to carry out the acquisition, construction, or sisting of approximately 3.6 acres, as de- improvement, funds subsequently made S. 1198 picted on site plan map entitled ‘‘Site Devel- available for the acquisition, construction, At the request of Mr. SHELBY, the opment Plan, Columbia Gorge Ranger Sta- or improvement. names of the Senator from Tennessee tion’’, dated April 22, 1964. SEC. 6. AUTHORIZATION OF APPROPRIATION. [Mr. THOMPSON], the Senator from Ar- (7) Dale Administrative Site, consisting of There are authorized to be appropriated kansas [Mrs. LINCOLN], the Senator approximately 40 acres, as depicted on site such sums as are necessary to carry out this plan map entitled ‘‘Dale Administrative Act. from Ohio [Mr. VOINOVICH], the Senator Site’’, dated July 7, 1999. from Nebraska [Mr. KERREY], the Sen- f (b) CONSIDERATION.—Consideration for a ator from Alaska [Mr. STEVENS], the sale or exchange of land under subsection (a) ADDITIONAL COSPONSORS Senator from Louisiana [Mr. BREAUX], may include the acquisition of land, existing the Senator from Utah [Mr. BENNETT], improvements, or improvements constructed S. 345 to the specifications of the Secretary. At the request of Mr. ALLARD, the the Senator from Louisiana [Ms. LAN- (c) APPLICABLE LAW.—Except as otherwise name of the Senator from Wisconsin DRIEU], the Senator from Oklahoma provided in this Act, any sale or exchange of [Mr. FEINGOLD] was added as a cospon- [Mr. INHOFE], the Senator from Vir- National Forest System land under sub- sor of S. 345, a bill to amend the Ani- ginia [Mr. ROBB], the Senator from section (a) shall be subject to the laws (in- mal Welfare Act to remove the limita- Delaware [Mr. ROTH], and the Senator cluding regulations) applicable to the con- from Nebraska [Mr. HAGEL] were added veyance and acquisition of land for the Na- tion that permits interstate movement tional Forest System. of live birds, for the purpose of fight- as cosponsors of S. 1198, a bill to amend (d) CASH EQUALIZATION.—Notwithstanding ing, to States in which animal fighting chapter 8 of title 5, United States Code, any other provision of law, the Secretary is lawful. to provide for a report by the General may accept a cash equalization payment in S. 386 Accounting Office to Congress on agen- excess of 25 percent of the value of land ex- cy regulatory actions, and for other At the request of Mr. GORTON, the changed under subsection (a). purposes. (e) SOLICITATIONS OF OFFERS.— name of the Senator from Connecticut (1) IN GENERAL.—Subject to paragraph (3), [Mr. DODD] was added as a cosponsor of S. 1200 the Secretary may solicit offers for sale or S. 386, a bill to amend the Internal At the request of Ms. SNOWE, the exchange of land under this section on such Revenue Code of 1986 to provide for tax- name of the Senator from Texas [Mrs. terms and conditions as the Secretary may exempt bond financing of certain elec- HUTCHISON] was added as a cosponsor of prescribe. tric facilities. (2) REJECTION OF OFFERS.—The Secretary S. 1200, a bill to require equitable cov- may reject any offer made under this section S. 424 erage of prescription contraceptive if the Secretary determines that the offer is At the request of Mr. MACK, his name drugs and devices, and contraceptive not adequate or not in the public interest. was added as a cosponsor of S. 424, a services under health plans.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14644 CONGRESSIONAL RECORD — SENATE November 16, 1999 S. 1272 S. 1464 nity prosecutors, and training in our At the request of Mr. NICKLES, the At the request of Mr. ROBERTS, the neighborhoods. name of the Senator from South Caro- name of the Senator from Pennsyl- S. 1762 lina [Mr. THURMOND] was added as a co- vania [Mr. SANTORUM] was added as a At the request of Mr. COVERDELL, the sponsor of S. 1272, a bill to amend the cosponsor of S. 1464, a bill to amend the name of the Senator from Oklahoma Controlled Substances Act to promote Federal Food, Drug, and Cosmetic Act [Mr. INHOFE] was added as a cosponsor pain management and palliative care to establish certain requirements re- of S. 1762, a bill to amend the Water- without permitting assisted suicide garding the Food Quality Protection shed Protection and Flood Prevention and euthanasia, and for other purposes. Act of 1996, and for other purposes. Act to authorize the Secretary of Agri- S. 1332 S. 1498 culture to provide cost share assistance At the request of Mr. LUGAR, the At the request of Mr. BURNS, the for the rehabilitation of structural names of the Senator from Virginia name of the Senator from California measures constructed as part of water [Mr. WARNER], the Senator from North [Mrs. FEINSTEIN] was added as a co- resources projects previously funded by Carolina [Mr. HELMS], the Senator sponsor of S. 1498, a bill to amend chap- the Secretary under such Act or re- from Missouri [Mr. ASHCROFT], the ter 55 of title 5, United States Code, to lated laws. Senator from South Carolina [Mr. authorize equal overtime pay provi- S. 1796 THURMOND], the Senator from Idaho sions for all Federal employees en- At the request of Mr. MACK, the name [Mr. CRAIG], the Senator from Maine gaged in wildland fire suppression oper- of the Senator from California [Mrs. [Ms. SNOWE], the Senator from Florida ations. FEINSTEIN] was added as a cosponsor of [Mr. MACK], the Senator from Wash- S. 1561 S. 1796, a bill to modify the enforce- ington [Mr. GORTON], the Senator from At the request of Mr. ABRAHAM, the ment of certain anti-terrorism judge- Vermont [Mr. JEFFORDS], the Senator name of the Senator from Georgia [Mr. ments, and for other purposes. from Nebraska [Mr. HAGEL], the Sen- COVERDELL] was added as a cosponsor S. 1800 ator from Kansas [Mr. BROWNBACK], the of S. 1561, a bill to amend the Con- At the request of Mr. GRAHAM, the Senator from Utah [Mr. HATCH], the trolled Substances Act to add gamma name of the Senator from New York Senator from Utah [Mr. BENNETT], the hydroxybutyric acid and ketamine to [Mr. MOYNIHAN] was added as a cospon- Senator from New Hampshire [Mr. the schedules of control substances, to sor of S. 1800, a bill to amend the Food SMITH], the Senator from New Mexico provide for a national awareness cam- Stamp Act of 1977 to improve onsite in- [Mr. DOMENICI], the Senator from Mis- paign, and for other purposes. spections of State food stamp pro- sissippi [Mr. LOTT], the Senator from S. 1638 grams, to provide grants to develop Montana [Mr. BURNS], the Senator At the request of Mr. ASHCROFT, the community partnerships and innova- from Michigan [Mr. ABRAHAM], and the name of the Senator from Connecticut tive outreach strategies for food stamp Senator from Iowa [Mr. GRASSLEY] and related programs, and for other were added as cosponsors of S. 1332, a [Mr. DODD] was added as a cosponsor of purposes. bill to authorize the President to S. 1638, a bill to amend the Omnibus award a gold medal on behalf of Con- Crime Control and Safe Streets Act of S. 1813 gress to Father Theodore M. Hesburg, 1968 to extend the retroactive eligi- At the request of Mr. KENNEDY, the in recognition of his outstanding and bility dates for financial assistance for name of the Senator from Connecticut enduring contributions to civil rights, higher education for spouses and de- [Mr. DODD] was added as a cosponsor of higher education, the Catholic Church, pendent children of Federal, State, and S. 1813, a bill to amend the Public the Nation, and the global community. local law enforcement officers who are Health Service Act to provide addi- killed in the line of duty. tional support for and to expand clin- S. 1384 S. 1718 ical research programs, and for other At the request of Mr. ABRAHAM, the name of the Senator from Georgia [Mr. At the request of Mr. KERRY, the purposes. CLELAND] was added as a cosponsor of name of the Senator from New York S. 1823 S. 1384, a bill to amend the Public [Mr. SCHUMER] was added as a cospon- At the request of Mr. DEWINE, the Health Service Act to provide for a na- sor of S. 1718, a bill to amend the Inter- name of the Senator from Georgia [Mr. tional folic acid education program to nal Revenue Code of 1986 to provide a COVERDELL] was added as a cosponsor prevent birth defects, and for other credit for medical research related to of S. 1823, a bill to revise and extend purposes. developing vaccines against widespread the Safe and Drug-Free Schools and S. 1438 diseases. Communities Act of 1994. At the request of Mr. ROBB, his name S. 1733 S. 1851 was added as a cosponsor of S. 1438, a At the request of Mr. FITZGERALD, At the request of Mr. CAMPBELL, the bill to establish the National Law En- the names of the Senator from Ken- name of the Senator from Georgia [Mr. forcement Museum on Federal land in tucky [Mr. MCCONNELL] and the Sen- COVERDELL] was added as a cosponsor the District of Columbia. ator from Virginia [Mr. ROBB] were of S. 1851, a bill to amend the Elemen- S. 1446 added as cosponsors of S. 1733, a bill to tary and Secondary Education Act of At the request of Mr. LOTT, the amend the Food Stamp Act of 1977 to 1965 to ensure that seniors are given an names of the Senator from Virginia provide for a national standard of opportunity to serve as mentors, tu- [Mr. ROBB] and the Senator from Flor- interoperability and portability appli- tors, and volunteers for certain pro- ida [Mr. GRAHAM] were added as co- cable to electronic food stamp benefit grams. sponsors of S. 1446, a bill to amend the transactions. S. 1873 Internal Revenue Code of 1986 to allow S. 1738 At the request of Mr. SESSIONS, the an additional advance refunding of At the request of Mr. JOHNSON, the name of the Senator from Texas [Mrs. bonds originally issued to finance gov- name of the Senator from North Da- HUTCHISON] was added as a cosponsor of ernmental facilities used for essential kota [Mr. DORGAN] was added as a co- S. 1873, a bill to delay the effective date governmental functions. sponsor of S. 1738, a bill to amend the of the final rule regarding the Organ S. 1448 Packers and Stockyards Act, 1921, to Procurement and Transplantation Net- At the request of Mr. HUTCHINSON, make it unlawful for a packer to own, work. the name of the Senator from Con- feed, or control livestock intended for S. 1891 necticut [Mr. LIEBERMAN] was added as slaughter. At the request of Mr. CHAFEE, the a cosponsor of S. 1448, a bill to amend S. 1760 name of the Senator from Maine [Ms. the Food Security Act of 1985 to au- At the request of Mr. BIDEN, the COLLINS] was added as a cosponsor of S. thorize the annual enrollment of land name of the Senator from Tennessee 1891, a bill to amend the Elementary in the wetlands reserve program, to ex- [Mr. FRIST] was added as a cosponsor of and Secondary Education Act of 1965 to tend the program through 2005, and for S. 1760, a bill to provide reliable offi- improve literacy through family lit- other purposes. cers, technology, education, commu- eracy projects.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14645 S. 1900 Senator from Maine [Ms. COLLINS] were and Fragrance Association with intel- At the request of Mr. LAUTENBERG, added as cosponsors of Senate Resolu- ligence, savvy, and charm. In doing his the name of the Senator from Con- tion 196, a resolution commending the job well, he also has achieved what is necticut [Mr. DODD] was added as a co- submarine force of the United States often very difficult in this town—an ex- sponsor of S. 1900, a bill to amend the Navy on the 100th anniversary of the cellent reputation as a genuinely nice Internal Revenue Code of 1986 to allow force. guy. a credit to holders of qualified bonds SENATE RESOLUTION 200 Before he joined CTFA, Mike worked issued by Amtrak, and for other pur- At the request of Mr. GRAMS, the as legislative counsel to the Pharma- poses. names of the Senator from Virginia ceutical Research and Manufacturers SENATE CONCURRENT RESOLUTION 60 [Mr. WARNER] and the Senator from Association, as an attorney both in pri- At the request of Mr. FEINGOLD, the Virginia [Mr. ROBB] were added as co- vate practice and in community legal name of the Senator from Georgia [Mr. sponsors of Senate Resolution 200, a services, and as a legislative assistant COVERDELL] was added as a cosponsor resolution designating the week of Feb- to the late Representative Silvio of Senate Concurrent Resolution 60, a ruary 14–20 as ‘‘National Biotechnology Conte. In each of these capacities, his concurrent resolution expressing the Week.’’ watchword was integrity and his pur- pose was to achieve the goal without sense of Congress that a commemora- SENATE RESOLUTION 212 compromising either his own principles tive postage stamp should be issued in At the request of Mr. ABRAHAM, the or the credibility of his employer. honor of the U.S.S. Wisconsin and all name of the Senator from West Vir- those who served aboard her. It is clear that among the defining ginia [Mr. BYRD] was added as a co- moments of Mike’s life—those mo- SENATE RESOLUTION 87 sponsor of Senate Resolution 212, a res- ments that signaled how successful he At the request of Mr. DURBIN, the olution to designate August 1, 2000, as would be here in wonk universe, were name of the Senator from Tennessee ‘‘National Relatives as Parents Day.’’ his quiz show triumphs. If winning on [Mr. FRIST] was added as a cosponsor of SENATE RESOLUTION 225 Jeopardy doesn’t tell us anything else Senate Resolution 87, a resolution com- At the request of Mr. DURBIN, the about a person, it tells us that he will memorating the 60th anniversary of names of the Senator from Nebraska always be able to produce an obscure the International Visitors Program [Mr. HAGEL], the Senator from Virginia fact and that he can react instanta- SENATE RESOLUTION 106 [Mr. ROBB], and the Senator from Lou- neously to a totally unexpected ques- At the request of Mr. DOMENICI, the isiana [Ms. LANDRIEU] were added as tion or comment. Surely those two names of the Senator from Mississippi cosponsors of Senate Resolution 225, a skills suited Mike superbly for his [Mr. COCHRAN] and the Senator from resolution to designate November 23, fruitful Washington career. Connecticut [Mr. DODD] were added as 2000, Thanksgiving Day, as a day to Mike has chosen to retire early in cosponsors of Senate Resolution 106, a ‘‘Give Thanks, Give Life’’ and to dis- the year 2000, when he is young enough resolution to express the sense of the cuss organ and tissue donation with to enjoy his retirement and to have a Senate regarding English plus other other family members. long time to do it. I wish him well, and languages. SENATE RESOLUTION 227 want him to know that many of us here SENATE RESOLUTION 108 At the request of Mr. BOND, the name will miss him. With Mike and CTFA At the request of Mr. BREAUX, the of the Senator from Oregon [Mr. SMITH] president Ed Kavanaugh, the industry names of the Senator from Mississippi was added as a cosponsor of Senate made a lasting mark on the Utah Chil- [Mr. COCHRAN], the Senator from Resolution 227, a resolution expressing dren’s Charities through contributions Vermont [Mr. LEAHY], the Senator the sense of the Senate in appreciation of products to our golf tournament from Missouri [Mr. BOND], and the Sen- of the National Committee for Em- each August. I have been grateful for ator from Oklahoma [Mr. NICKLES] ployer Support of the Guard and Re- the contribution and, more impor- were added as cosponsors of Senate serve. tantly, for the spirit of good will that Resolution 108, a resolution desig- f always characterized my interactions nating the month of March each year with CTFA and with Mike. as ‘‘National Colorectal Cancer Aware- AUTHORITY FOR COMMITTEE TO Mike illustrated, through effective ness Month.’’ MEET use of his talents, the sense of humor SENATE RESOLUTION 128 COMMITTEE ON FINANCE that always tided him over the tough At the request of Mr. COCHRAN, the Mr. GRASSLEY. Mr. President, I ask moments, and his gentle approach to names of the Senator from Kentucky unanimous consent that the Senate people, what the poet and artist J. [Mr. BUNNING], the Senator from Geor- Committee on Finance be authorized to Stone once said: ‘‘the most visible cre- gia [Mr. CLELAND], the Senator from meet during the session of the Senate ators I know of are those artists whose New York [Mr. MOYNIHAN], the Senator on Tuesday, November 16, 1999, at 10 medium is life itself . . . They neither from New York [Mr. SCHUMER], the a.m., in 215 Dirksen, to conduct a hear- paint nor sculpt—their medium is Senator from Alaska [Mr. STEVENS], ing. being. Whatever their presence touches and the Senator from Virginia [Mr. The PRESIDING OFFICER. Without has increased life.’’ I am sure I speak for all those who WARNER] were added as cosponsors of obligation, it is so ordered. Senate Resolution 128, a resolution des- f worked with Mike in thanking him for all he did here to make our work to- ignating March 2000, as ‘‘Arts Edu- ADDITIONAL STATEMENTS cation Month.’’ gether so pleasant and productive. I wish Mike Petrina a long and enjoyable SENATE RESOLUTION 134 retirement, and urge him to remember THE CAREER OF MICHAEL J. At the request of Mr. THURMOND, the always the words of Robert Browning: PETRINA name of the Senator from Arizona [Mr. ‘‘The best is yet to be, the last of life MCCAIN] was added as a cosponsor of ∑ Mr. HATCH. Mr. President, occasion- for which the first was made.’’∑ Senate Resolution 134, a resolution ex- ally in Washington, an individual f pressing the sense of the Senate that crosses our paths whose talents go be- Joseph Jefferson ‘‘Shoeless Joe’’ Jack- yond legal and government relations 90TH ANNIVERSARY OF THE son should be appropriately honored skills or polished representation of po- AMERICAN RED CROSS OF for his outstanding baseball accom- litical and policy issues, and extend to SOUTHEASTERN CONNECTICUT plishments. an elusive higher level. At this level, ∑ Mr. DODD. Mr. President, it is with SENATE RESOLUTION 196 we think of him not as a creature of great enthusiasm that I rise today to At the request of Mr. WARNER, the the policies he advocates but as a per- celebrate the 90th Anniversary of the names of the Senator from Vermont son—a man of integrity and decency. American Red Cross of Southeastern [Mr. JEFFORDS], the Senator from Mike Petrina is such a man. Generous Connecticut. Since 1909, victims of war, Idaho [Mr. CRAIG], the Senator from and unfailingly courteous, Mike has strife and natural disaster have been North Dakota [Mr. DORGAN], and the represented the Cosmetic, Toiletry, given the gift of hope and the means of

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14646 CONGRESSIONAL RECORD — SENATE November 16, 1999 survival by the selfless men and women the Red Cross in Southeastern Con- IMAM VEHBI ISMAIL who make up the Red Cross’ South- necticut was truly embraced by the PROCLAMATION eastern Connecticut Chapter. Indeed, community as a whole. The Honor Roll ∑ Mr. ABRAHAM. Mr. President, it for nine decades, the Southeastern Committee, the Home Service Section, gives me great pleasure to rise today Connecticut Chapter has provided as- the Motor Corps and the Junior Red and honor Imam Vehbi Ismail for his Cross were all formed in the endeavor sistance to those in need in Con- fifty years of dedicated service to the necticut, across the United States and to relieve those affected by war. During the latter decades of the cen- Islamic community. around the world—truly exemplifying The Imam has been an instrumental the ideals of the American Red Cross— tury, the Chapter, and the Red Cross in general, made great strides in the field force in the Albanian American and Is- offering aid and support during periods lamic communities in Michigan. Origi- of acute emergency and prolonged re- of blood donation. Connecticut Chap- ters contributed to the Blood Services nally, from Albania he emigrated to building alike. the United States in 1949 after studying The Red Cross itself has a long and of the war in Vietnam by sponsoring theology in Egypt. Through his spir- distinguished history in the United ‘‘Operation Helpmate″ in which each itual leadership the Imam set himself States. In 1881, the American Red Cross Chapter supplied a mobile blood unit in on a path to improve the Albanian was founded by Clara Barton and dedi- Mekong, Vietnam. Relentless in their American community. One of his great- cated to the basic principles of service selfless devotion to humanitarianism est accomplishments was the establish- to humanity, independence, voluntary worldwide, Southeastern Connecticut ment of the Albanian Islamic Center service, unity and universality. Presi- Red Cross has provided a safety net for where he served as the Senior Cleric. dent Taft described the American Red the 20th Century. What is truly remarkable about this Cross as ‘‘the only volunteer society While most of us think of the Red extraordinary individual is his work in now authorized by this government to Cross as an international force for the areas of democratic and human render aid to its land and naval forces good, the presence of the American Red rights. The Imam has been the driving in times of war,’’ for that was its origi- Cross in Connecticut has been impor- force in the Michigan community, rais- nal intent, to aid the casualties of war. tant, as well. When the deadliest hurri- ing awareness for human rights for Al- As we all know, the organization’s cane to ever hit New England slammed banians world wide. peace-time role grew rapidly, however, into Eastern Connecticut on September The Imam has proudly served as one and at the turn of the century, new 21, 1938, the Disaster and Civil Pre- of the longest active Clerics in the leadership brought new goals and ex- paredness Committee of the South- country. His family and the Albanian panded the services of the American eastern Chapter responded to the emer- American community look to him as Red Cross. gency situation immediately, helping The growth of the American Red countless lives. And the Chapter led the elder statesman and guiding spirit Cross was made possible by the success the effort to rebuild once the storm for their community. of regional chapters and the dedication had passed. Had it not been for the pre- Mr. President it is with sincere joy of countless volunteers. The Red Cross paredness of the Chapter in disaster and appreciation that I honor the was entirely staffed by volunteers until situations, the damage and loss of life Imam Vehbi Ismail. He is truly an ex- 1941, and today, volunteers still make sustained would have been far greater. ample of unselfish charity and an inspi- More recently, the state’s organiza- ∑ up ninety-eight percent of all Red ration to many. tion has created what is now hailed as Cross personnel. When membership f a model program for preventing the drives were initiated by the South- spread of HIV throughout the state. JERRY DAVIS, JR., TRIBUTE eastern Connecticut Chapter, residents This program has become highly suc- of that area answered the call. Citizens ∑ Mr. CLELAND. Mr. President, I come cessful, and is partly the reason why before my colleagues today to pay trib- from all walks of life—businesses, cases of new infections have dropped mills, farms, schools, churches and hos- ute to a dear friend, Jerry Davis, Jr. significantly. Jerry and I first met in the Army when pitals—donated their time, skill and Just this year, the destruction we were stationed in New Jersey to- money to the organization. Over the brought by hurricane Floyd was miti- gether before we headed to Vietnam. years, the Southeastern Chapter has gated by the Southeastern Red Cross. Jerry is a man with an extraordinary been able to generate the ever-increas- While parts of Connecticut were so story and I am proud to be among his ing support required to meet devel- badly soaked by floods that they were circle of friends. oping demands because of the sacrifice declared federal disaster areas, the Jerry was born on January 2, 1925 in of their volunteers and the generosity Southeastern Connecticut American of their neighbors. Red Cross was assisting local hospitals Terry, Louisiana—a humble beginning Over the last 90 years, this gen- and rescuing those in need. for a sharecropper’s son destined for erosity and self-sacrifice has produced At the turn of the millennium, the the cover of FORTUNE Magazine (Oc- a remarkable track record. Histori- American Red Cross faces new chal- tober, 1975). Jerry was a man com- cally speaking, the Red Cross organiza- lenges. Cultural and national conflicts, mitted to a life of service and his fam- tion in Southeastern Connecticut was natural disasters and acts of nature ily, his church, his community and his active even before its formal charter have caused unimaginable human suf- country. A generous, loving and for- was granted on November 1, 1909. The fering in recent memory. After each giving spirit, a respect for order and founding members began organizing at calamity, however, the Red Cross and tradition and a legendary helping hand the Park Congressional Church in Nor- its volunteers have been there to pick were the hallmarks of his life. wich, Connecticut in October, 1905. up the pieces. Volunteers from Con- After graduating first in his class They played a role in the relief efforts necticut have played an active role from the Magnolia Training School, he following the eruption of Mount Vesu- both around the world and at home cut his formal education short , despite vius and in 1906 helped survivors of the over the last 90 years and I rest easier receiving a scholarship from Southern San Francisco earthquake and fire. knowing they will continue to play a University, by enlisting in the U.S. Back home in Connecticut, the chapter vital role well into the next century. Army. Joining the all African-Amer- also moved rapidly to combat a grow- So, it is with great pride and grati- ican 94th Engineer Construction Bat- ing tuberculosis epidemic in its early tude, Mr. President, that I stand on the talion at the end of World War II, he days. floor of the Senate today to recognize began his military career as an enlisted As the world braced for war in Au- the accomplishments of the South- man in Paris. Seven years later he gust, 1914, the Chapter prepared for its eastern Connecticut American Red completed Officer Training School in own humanitarian campaign. The Cross over these past 90 years. I know Fort Benning, Georgia and as a new 2nd Chapter’s members opened their hearts I speak for many Connecticut residents Lieutenant was company commander and homes to the work at hand. Prep- in expressing congratulations for in the Korean War. In 1967, he returned arations were carried out in homes, of- achieving this milestone, and best to combat as one of two African-Amer- fices, social clubs, church societies and wishes in coming years for continued ican battalion commanders in Viet- any other available space. The spirit of service to those in need.∑ nam. After 26 years of distinguished

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14647 service, Lieutenant Colonel Davis re- Edith, who volunteered for and sup- the first company to successfully mass- tired. ported the school for many years. produce penicillin, a breakthrough that From there, Jerry went on to accom- Henry also will be remembered as a led to the company’s emergence as a plish many great things. Among them dedicated civic leader for Louisville— global leader in its industry. Since were, being Chairman of the Board of Henry had a heart for the city of Louis- then, Pfizer has marketed dozens of ef- M.U.S.C.L.E.—a non-profit organiza- ville, and a vision for its bright future. fective medicines designed to fight con- tion providing low income housing in Henry was a founder of Leadership ditions like arthritis, diabetes, heart Southwest Washington—and serving as Louisville, a group of community lead- disease, and infections. Nearly all of a trustee for the retirement fund of the ers that were committed to making a the major medicines marketed by Washington Suburban Sanitation Com- difference in the city. Henry also was Pfizer are No. 1 or No. 2 in their cat- mission. In the early 1970’s, Jerry very involved in the religious commu- egories founded Unified Services Inc., a suc- nity of Louisville, and even led the ef- In addition, Pfizer provides a wide cessful building service management fort to bring the Presbyterian Church’s range of assistance to those in need. company and was Chairman of the headquarters to the city several years The desire to live a healthy life is uni- Board and CEO of Unibar Maintenance ago. Another of the legacies Henry versal. But for millions of people in Ann Arbor, Michigan. Jerry was also leaves behind is that of ‘‘The Derby around the world, access to high qual- a delegate to the 1980 White House Con- Clock,’’ as it has come to be known. ity health care remains out of reach. ference on Small Business. Henry was an integral part of the plan- Pfizer is committed to bringing their While on a business trip to Portland, ning and design for the clock, and I medicines to those in need. Through Oregon with a friend, he met Jean Cot- know I will think of him when I see it Sharing the Care, a program started in ton Simmons and swept her off her repaired, reassembled, and prominently 1993, Pfizer has filled more than 3.0 mil- feet. They married and shortly after displayed in our city. lion prescriptions for its medicines— created a family whose dimensions ex- Henry also will be remembered for valued at over $170 million—for more tend miles beyond their shared hearth his success in business, with the Henry than one million uninsured patients in with a tradition of hospitality, humor Vogt Machine Company and his more the United States. The program was and huge holiday celebrations. recent enterprises, Unistar and cited by American Benefactor, a lead- Jerry fills his free time with the Equisource. Henry’s sharp mind and in- ing philanthropy journal, in selecting sounds of Duke Ellington, Frank Si- nate common sense clearly served him Pfizer as one of America’s 25 most gen- natra and Miles Davis, and when his in the business world and in the com- erous companies for 1998. wife isn’t looking, it’s long cigars and munity. As you can see, Pfizer has made innu- the Redskins. And I can’t forget our I am certain that the legacy of excel- merable contributions to our nation shared love of Westerns, especially lence that Henry Heuser, Sr. has left and our world, and its accomplish- ‘‘Gunfight at the OK Corral.’’ Countless will continue on, and will encourage ments should be applauded as it cele- people have had life defining moments and inspire others. Hopefully it will be brates its 150th anniversary.∑ with this ordinary man who produced a comfort to the family and friends he • extraordinary results, leaving behind leaves behind to know that his efforts SHARED APPRECIATION an enduring legacy of living life to its to better the community will be felt AGREEMENTS unreasonable fullest. As Jerry and his for years to come. On behalf of myself family battle against his cancer, I ap- and my colleagues, I offer my deepest ∑ Mr. BURNS. Mr. President, shared plaud the courage and determination condolences to Henry’s loved ones, and appreciation agreements have the po- he has shown throughout his life. express my gratitude for all he contrib- tential to cause hundreds of farm fore- As George Bernard Shaw once said, uted to Jefferson County, the State of closures across the nation, and espe- ‘‘The reasonable man adapts himself to Kentucky, and to our great nation.∑ cially in my home state of Montana. the conditions that surround him. The f Ten years ago, a large number of farm- unreasonable man adapts surrounding ers signed these agreements. At that conditions to himself. Our progress de- PFIZER’S 150TH ANNIVERSARY time they were under the impression pends on the unreasonable man.’’∑ ∑ Mr. LIEBERMAN. Mr. President, I that they would be required to pay f rise today to congratulate Pfizer, Inc. these back at the end of ten years, at a on its 150th anniversary. As one of the reasonable rate of redemption. TRIBUTE TO HENRY VOGT global leaders of the important phar- However, that has not proved to be HEUSER, SR. maceutical industry, Pfizer has helped the case. The appraisals being con- ∑ Mr. MCCONNELL. Mr. President, I to improve the health of men, women ducted by the Farm Service Agency are rise today to pay tribute to a dear and children around the world for the showing increased values of ridiculous friend, a successful businessman, and last century and a half. The company proportions. By all standards, one community leader, the late Henry employs 4,939 men and women in its would expect the value to have de- Heuser, Sr. I also would like to extend Groton, CT research facility, which lies creased. Farm prices are the lowest my condolences to his two sons, Henry, in my home state. they have been in years, and there does Jr. and Marshall. Pfizer is committed to helping people not seem to be a quick recovery forth- Henry has made it easy for us to re- live better lives—not only by bringing coming. Farmers cannot possibly be ex- member him—leaving behind an im- best-in-class medicines to market, but pected to pay back a value twice the pressive list of accomplishments that also by working with patients and phy- amount they originally wrote down. most people only hope to achieve in sicians to develop comprehensive dis- Especially in light of the current mar- their lifetime. Henry will be remem- ease management programs that edu- ket situation, I believe something must bered for many different reasons, not cate people about ways to better con- be done about the way these appraisals least of which is his generosity to the trol their illness, rather than letting are conducted. Louisville community. Henry gave their illness control them. USDA has proposed rules and regula- much of his time, energy and monetary Pfizer’s long history is full of adven- tions but farmers need help with these resources to benefit others. Aware that ture, daring risk-taking, and intrepid agreements now. This legislation man- he had resources which not everyone decision-making. Founded by German dates these important regulations. It was privileged to have, he shared his immigrant cousins Charles Pfizer and will exclude capital investments from wealth both of knowledge and of money Charles Erhart in 1849, Pfizer has the increase in appreciation and allow with the city over his lifetime. Henry grown from a small chemical firm in farmers to take out a loan at the often gave to charity and community Brooklyn, NY to a multinational cor- ‘‘Homestead Rate’’, which is the gov- groups that needed support, including a poration, which employs close to 50,000 ernment’s cost of borrowing. recent $1 million donation to the Lou- people. Farmers should not be penalized for isville Deaf Oral School for a much- Pfizer has a long tradition of devel- attempting to better their operations. needed expansion project. He made the oping innovative drugs to combat a va- Nor can they be expected to delay cap- donation in memory of his late wife, riety of illnesses. In 1944, Pfizer was ital improvements so that they will

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14648 CONGRESSIONAL RECORD — SENATE November 16, 1999 not be penalized. It will be necessary Mr. President, I have stood on the family tragedy to stay at La Salle, and for most of these agricultural pro- floor of this great chamber time and helps to foster a family-like atmos- ducers to take out an additional loan again to urge the imperative need for phere. The Father’s Club also contrib- during these hard times. It is impor- meaningful gun control. On February utes to the financial growth and sta- tant that the interest rate on that loan 17, 1997 the tragedies that have struck bility of La Salle, and provides a will accommodate their needs. The in places like Littleton, Jonesboro and wholesome social climate through its governments current cost of borrowing Columbine were all too familiar to the various events and activities. equals about 6.25 percent, far less than small community of Hoboken, as John Once again, I would like to congratu- the original 9 percent farmers and Sacci’s life was tragically cut short by late La Salle College High School and ranchers were paying. gun violence. To all of my constituents the Men of La Salle for the 50th anni- I look forward to working with mem- in New Jersey who have died from gun versary of their Father/Son banquet, bers in other states to alleviate the fi- violence, like John Sacci, I commit to and thank them for the great work nancial burdens imposed by shared ap- fighting so that their memories and which they are doing. They are a trib- preciation agreements. I hope that we untimely deaths are not forgotten. ute to Pennsylvania and should be rec- may move this through the legislative In conclusion, I want to express my ognized as a model organization to be process quickly to provide help as soon personal condolences to John Sacci’s emulated.∑ as possible to our farmers.∑ family and friends. To his wife, Kathy, f f his children, Carla, Christi, Jenna and DAVID AND ANN CANNON Elaina, though nothing I can say today IN MEMORY OF JOHN A. SACCI ∑ will change the pain you feel, but take Mr. DODD. Mr. President, I raise ∑ Mr. TORRICELLI. Mr. President, I pride in your husband and father John today to honor the enduring union of rise today to pay homage to one of my Sacci. He was, indeed, a man of cour- David and Ann Cannon and the legacy of accomplishment that their partner- constituents, the late John A. Sacci, age, inspiration and above all, he cared ship has produced. On December 19, who was a resident in my home county enough to want to make a difference. of Bergen. John Sacci served with dis- Mr. President, I would like the record 1999, they will retire together, 35 years tinction as a history teacher in the Ho- to reflect that today, Tuesday, Novem- to the day after David was ordained as boken Public Schools until his un- ber 23, 1999, family, friends and count- a priest and the two began their work timely death in 1997. The good citizens less students gathered together in the at the St. James Episcopal Church in the Village of Poquetanuck, Con- of Hoboken will dedicate a playground City of Hoboken, in Hudson County in necticut, located in the greater Nor- in the historic Columbus Park in honor my great state of New Jersey to dedi- of his memory, and I join his family, wich area of my home state. cate a playground in the living mem- For these past three and a half dec- friends and colleagues in paying trib- ory of John A. Sacci, an accomplished ute to a man who inspired so many ∑ ades, David and Ann have been pillars teacher. of the Norwich community. Through young people. f John Sacci lived a short life, but it their unflagging commitment to im- was not without ample achievements LA SALLE COLLEGE HIGH SCHOOL proving the lot of those in need, they and success. Mr. Sacci helped to shape FATHER/SON BANQUET have touched the lives of countless the minds of our children and did so ∑ Mr. SANTORUM. Mr. President, I neighbors and set an impressive exam- with his unique brand of humor. His would like to call to your attention a ple for the rest of us to follow. Specifi- cally, their work on behalf of the approach to teaching was filled with a special event which will be occurring homeless of Martin House and Thames refreshing attitude that won him the in Wyndmoor, Pennsylvania on Thurs- River Family Program has given dig- affection of countless students. Mr. day, November 18, 1999. La Salle Col- nity and hope to those who previously President, above all, John Sacci was a lege High School will be celebrating had little of either. committed and dedicated teacher and the 50th anniversary of their Father/ Individually, each has many accom- servant of the people. Son Banquet, sponsored by the ‘‘Men of plishments for which to be proud. Mr. Sacci lent his support to count- La Salle,’’ otherwise known as the Fa- David has been a faithful pastor and a less causes, including the implementa- ther’s Club. caring leader for his parish. He has tion of Advanced Placement courses La Salle College High School is a pri- dedicated himself to increasing access and the International Bacculauralate vate, independent Catholic college pre- to quality higher education and ensur- programs at Hoboken High School, cre- paratory school for young men of var- ing compassionate care for the ill and ating scholarship opportunities for stu- ied backgrounds and abilities. La Salle infirm. To her great credit, Ann has dents, and initiating professional is dedicated to providing a challenging worked tirelessly to shape a more re- learning opportunities like the Aca- and nurturing environment for learn- sponsive local government and to con- demic Bowl and Mock Trial providing ing, inspired by Saint John Baptist De serve the history of the community for for Hoboken’s students to be among La Salle, and seeks to empower each generations to come. the brightest in Hudson County. Addi- student to accept responsibility and But the sum of this pair’s worth is tionally, John served as the Girl’s Soft- achieve his fullest potential. La Salle well beyond the measure of its distin- ball Team Coach and helped to build is committed to Christian values, aca- guished parts. Perhaps it is the love young women’s self-esteem through demic excellence, spiritual fulfillment, and good humor these two share with leadership and team work. cultural enrichment, and physical de- themselves and others, their common When it came time to assist students velopment. The Lasallian experience zeal for hard work, and their joint com- with the college application process, prepares young men who are dedicated mitment to excellence that is most John Sacci was the one hundreds of to leadership, achievement, and service memorable about them. Perhaps, as students turned to for assistance be- to help build a society that is more well, it is their unbending faith and cause they knew he cared. Indeed, John human, more Christ-like, and more their untempered compassion for their Sacci’s efforts made it possible for hun- just. neighbors, and their talent for simply dreds of students to go on and become The Father’s Club has a long history caring about others that has magnified productive citizens. In fact, John Sacci of doing good for the La Salle College their impact. All these traits have de- helped and inspired a member of my High School and its families. Much of fined David and Ann for the many own staff, George A. Ortiz, who serves the money raised by the Men of La years I have known them and undoubt- as my press secretary. He was a vital Salle College High School and its fami- edly long before. asset to the success of Hoboken High lies. Much of the money raised by the While I merely scratch the surface of School and his loss is profoundly felt. Men of La Salle, for example, goes to their many virtues and accomplish- For all who ever crossed his path and help students at La Salle who find ments here today, I would be remiss benefitted from his intrinsic commit- themselves in financial difficulties as a not to mention David and Ann’s three ment to helping shape the future of result of the death of an employed par- most remarkable accomplishments— America, we are all the better for it ent. This scholarship fund makes it David, Andrew and Ruth, their three today. possible for students who go through a wonderful and loving children.

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 16, 1999 CONGRESSIONAL RECORD — SENATE S14649 Through 42 years of marriage, 35 On this occasion, we also remember men convicted in that attack. He also was years of selfless dedication to their many celebrated American leaders of accused of threatening to kill Attorney Gen- parish and community, and 3 wonderful Dutch descent. Three presidents, Mar- eral Janet Reno. children, David and Ann Cannon have tin Van Buren, Theodore Roosevelt and The source of this classified evidence is the FBI’s Joint Terrorism Task Force. But, as remained the central characters in a Franklin D. Roosevelt, came from Judge Walls has noted, the INS failed to wonderful life story. I know I speak for Dutch stock. produce any witnesses—either from the FBI countless others in the Norwich area in Our Dutch heritage is seen not only or from the INS—or ‘‘original source mate- wishing that the next chapter in their in our people but also in our experience rial’’ in support of these charges. Therefore remarkable life story be one of many as a Nation. Our traditions of religious no witnesses could be cross-examined at the rewarding years filled with love and freedom and tolerance, for example, hearings. happiness.∑ have spiritual and legal roots among At the hearings, Kiareldeen produced wit- such early settlers as the English Pil- nesses and other evidence that he was not f living in the town where he is supposed to DUTCH AMERICAN HERITAGE DAY grims and the French Huguenots, who have met with bombing conspirators. And an first found refuge from persecution in ∑ Mr. KYL. Mr. President, on Novem- expert witness, Dr. Laurie Myleroie, ap- Holland. The Dutch Republic was peared for him. She is described by James ber 17, 1776 a small American warship, among those systems of government Fox, former head of the FBI’s New York of- the Andrew Doria, sailed into the har- that inspired our Nation’s Founders as fice, as ‘‘one of the world-class experts re- bor of the island of Saint Eustatius in they shaped our Constitution. garding Islam and the World Trade Center the West Indies. Only 4 months before, In celebration of the long-standing bombing.’’ She testified that no evidence the United States had declared its friendship that exists between the showed that the accused had any connection with that bombing. independence from Great Britain. The United States and the Netherlands, and American crew was delighted when the The government’s evidence, said the judge, in recognition of the many contribu- failed ‘‘to satisfy the constitutional standard Governor of the island, Johannes de tions that Dutch Americans have made Graaf, ordered that his fort’s cannons of fundamental fairness.’’ The INS—part of to our country, we observe Dutch the Justice Department—denied Kiareldeen’s be fired in a friendly salute. The first American Heritage Day on November ‘‘due process right to confront his accusers ever given by a foreign power to the 16. . . . even one person during his extended flag of the United States, it was a risky I salute the over eight million Dutch tour through the INS’s administrative proce- and courageous act. The British seized Americans and the sixteen million peo- dures.’’ These due process protections, declared the the island a few years later. De Graff’s ple of the Netherlands in the celebra- welcoming salute was a sign of respect, judge, ‘‘must be extended to all persons with- tion of this joyous occasion.∑ and today it continues to symbolize in the United States, citizens and resident the deep ties of friendship that exist f aliens alike. . . . Aliens, once legally admit- between the United States and the USE OF SECRET EVIDENCE IN ted into the United States are entitled to the shelter of the Constitution.’’ The judge went Netherlands. DEPORTATION PROCEEDINGS even farther. Even if the government’s reli- After more than 200 years, the bonds ∑ Mr. MOYNIHAN. Mr. President, on ance on secret evidence has been provably between the United States and the November 6, Nat Hentoff devoted his based on a claim of national security, Judge Netherlands remain strong. Our diplo- ever insightful column to the Kafka- Walls—quoting from a District of Columbia matic ties, in fact, constitute one of Court of Appeals decision, Rafeedie v. INS— like use of secret evidence by our Fed- the longest unbroken diplomatic rela- asked ‘‘whether that government interest is eral government in deportation pro- tionships with any foreign country. so all-encompassing that it requires that the Fifty years ago, during the second ceedings. Once again, Mr. Hentoff has petitioner be denied virtually every funda- world war, American and Dutch men highlighted yet another distressing as- mental feature of due process.’’ and women fought side by side to de- pect of the 1996 Anti-Terrorism and Ef- In Rafeedie, Judge David Ginsburg noted in 1989 that the permanent resident alien in fend the cause of freedom and democ- fective Death Penalty Act. I ask that Mr. Hentoff’s column be printed in the That case, in this country for 14 years, was racy. As NATO allies, we have contin- ‘‘like Joseph K. in Kafka’s ‘The Trial’ in that ued to stand together to keep the RECORD. The column follows. he could only prevail if he ware able to rebut transatlantic partnership strong and to evidence that he was not permitted to see.’’ maintain the peace and security of Eu- [From the Washington Post, Nov. 6, 1999] Kiareldeen is now free after 19 months, but rope. In the Persian Gulf we joined as PROSECUTION IN DARKNESS Judge Walls’s decision that secret evidence coalition partners to repel aggression (By Nat Hentoff) is unconstitutional applied only to the state and to uphold the rule of law. Around the country, 24 immigrants, most of New Jersey. The INS did not pursue its ap- While the ties between the United of them Muslim or of Arab descent, are being peal because it wants to avoid a Supreme States and the Netherlands have been detained—that is, imprisoned—by the Immi- Court decision. The INS continues to insist gration and Naturalization Service, which it will keep on using secret evidence. tested by time and by the crucible of One of the victims of these prosecutions in armed conflict, Dutch American Herit- intends to deport them. None of them, nor any of their lawyers, has darkness still in prison is Nasser Ahmed, age is even older than our official rela- 1 been allowed to see the evidence against who has been in INS detention for 3 ⁄2 years. tionship. It dates back to the early sev- them or to confront their accusers. This de- Congress has the power to bring in the sun- enteenth century, when the Dutch nial of fundamental due process is justified light by passing the Secret Evidence Repeal West India Company founded New on the grounds of national security. Act of 1999 (H.R. 2121)—introduced in June by Netherland and its main settlements, In 1996, the president signed the Anti-Ter- Rep. David Bonior (D–Mich.). It would ‘‘abol- New Amsterdam and Fort Orange— rorism and Effective Death Penalty Act, ish the use of secret evidence in American today known as New York City and Al- which authorized secret evidence. A federal courts and reaffirm the Fifth Amendment’s guarantee that no person shall be deprived of bany. district judge in Newark, N.J., William Walls, has now described this as ‘‘govern- liberty without due process.’’ From the earliest days of our Repub- Will a bipartisan congress vote in favor of lic, men and women of Dutch ancestry ment processes initiated and prosecuted in darkness.’’ (The use of secret evidence, how- the Constitution? And then, will the presi- have made important contributions to ever, goes back to the 1950s). dent allow the removal of the secret evi- American history and culture. The in- Although many active lawsuits, in various dence provisions of his cherished 1996 Anti- fluence of our Dutch ancestors can still stages, are attacking this use of secret evi- Terrorism Act?∑ be seen not only in New York’s Hudson dence, Judge Walls is the first jurist to flatly f River Valley but also in communities declare the use of such evidence unconstitu- HAPPY BIRTHDAY PERRY, like Holland, Michigan and Pella, Iowa tional. GEORGIA where many people trace their roots to His decision was in the case of Hany settlers from the Netherlands. Mahmoud Kiareldeen, a Palestinian who has ∑ Mr. CLELAND. Mr. President, on the Generations of Dutch immigrants been in this country for nine years, managed eve of its one hundred and seventy-fifth have enriched the United States with an electronics store in New Jersey and is birthday, I rise today to recognize a married to an American citizen. the unique customs and traditions of First arrested for having an expired stu- most charming and prosperous town, their ancestral homeland—a country dent visa, he later was accused of meeting in Perry, GA. When the first settlers that has given the world great artists his New Jersey home, a week before the 1993 came to the fertile plains of central and celebrated philosophers. World Trade Center bombing, with one of the Georgia, they found a wealth of natural

VerDate Mar 15 2010 22:00 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S16NO9.REC S16NO9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S14650 CONGRESSIONAL RECORD — SENATE November 16, 1999 resources that promised prosperity. More than the festivals, beauty, his- His selfless courage is rarely dem- The land proved not only beautiful, but tory or industry, it is the wonderful onstrated today apart from storybooks also perfectly suited for agriculture. people of Perry who make it such a and movies. John Giovannini is truly The town’s initial successes attracted unique place. Perry manages to main- an American hero, and as I extend my entrepreneurial citizens who contrib- tain a less hectic pace and small town heartfelt condolences to John’s loved uted greatly to Perry’s strong indus- friendliness that has become a rarity in ones for their tragic loss, I would also trial and agricultural presence in Geor- today’s hustle-bustle society. There is like to express my sincere admiration gia which continues to grow to this an extremely strong sense of commu- for the courage which John displayed day. nity in Perry as is evident in the throughout this tragic event.∑ Perry is the seat of Houston County, strong church attendance, school par- f and is blessed with a rich abundance of ticipation, civic activism and neighbor- RECOGNITION OF CAPTAIN JAMES natural, historic and cultural diver- hood involvement among Perry’s citi- L. CARDOSO sity. Formerly known as Wattsville, zens. Additionally, Perry can be Perry became the first official town in claimed as home by such noted na- ∑ Mr. TORRICELLI. Mr. President, I the county on November 25, 1824. Perry tional leaders as General Courtney rise today in recognition of Captain is named after Commodore Oliver Hodges of World War II fame, former James L. Cardoso, a native of Cherry Perry, who became famous for a battle U.S. Senator Sam Nunn, and the late Hill, New Jersey, as he receives the Sil- on Lake Erie during the war of 1812. former Congressman Richard Ray. ver Star for gallantry from the United During the battle of September 10, 1813, Mr. President, I warmly request that States Air Force. Captain Cardoso’s Perry defeated and captured a flotilla you and my colleagues join me in pay- daring rescue of a downed F–117 of six large British frigates with an im- ing tribute to a jewel of a town, Perry, ‘‘Stealth Fighter’’ pilot makes him provised fleet of nine American vessels GA.∑ more than worthy of this prestigious and in so doing neutralized the British f honor. It is a pleasure for me to be able naval presence on Lake Erie. to honor his accomplishments. For as long as anyone can remember, JOHN GIOVANNINI On March 27, Captain Cardoso led his Perry has been a favorite place for ∑ Mr. SANTORUM. Mr. President, I helicopter unit through Serbian air de- tourists to stop. Known as the ‘‘Cross- rise today to recognize a genuine hero, fenses within 25 miles of Belgrade. His roads of Georgia,’’ Perry is located in who paid the ultimate price so that a extraordinary effort is even more re- the geographic center of the state loved one might live. markable considering the low visibility where U.S. Highways 341 and 41 and the John Edward Giovannini, born in and the minimal air support his unit Golden Isles Parkway intersect with 1958, was an employee of US Airways received in the rescue. He fearlessly led Interstate 75. With an ideal location and a member of the Pennsylvania Air his formation, at great personal risk to along I–75, Perry has long enjoyed the National Guard, stationed in Harris- himself and his crew, in penetrating an distinction as Georgia’s halfway point burg, PA. He served in the Marines extremely formidable Serbian air de- to Florida. As a result, snowbirds and from 1976 to 1980, and joined the Air fense system which knew of the rescue. vacationers of every type have recog- National Guard in 1985. In the process, Captain Cardoso suc- nized Perry as a pleasant place to stop On September 13, 1999, while vaca- cessfully avoided Serbian ground forces and rest, grab a bite to eat at one of tioning with his girlfriend and her fam- located a mere 10 miles away. Perry’s many restaurants, including ily in Ocean City, Maryland, John was Despite these difficulties, Captain one of my favorites, The New Perry faced with a fateful decision. While en- Cardoso’s unit was able to rescue the Hotel, or simply to enjoy the peaceful- joying a relaxing day on the beach, the downed pilot within 45 seconds of land- ness of the small town. Combined with calm was suddenly shattered by des- ing. He narrowly escaped encroaching the graciousness with which they are perate cries from Kim, the 21-year-old Serbian forces. received by Perryans, many have found daughter of John’s girlfriend. Kim was Having learned of Captain Cardoso’s it difficult to leave! swimming in the ocean when a riptide heroic leadership, I am pleased to rec- For festival-goers, Perry’s warm cli- threatened to carry her out to sea. ognize his efforts. Captain Cardoso’s mate and 628-acre events complex pro- Without concern for his own safety, actions saved an American pilot from vide ample opportunity for fun and en- John immediately swam out to reach enemy hands at a critical time in the tertainment. Perry is home to Geor- Kim before the current could carry her Kosovo campaign. By his gallantry and gia’s National Fair, a much-antici- away. Being an exceptionally strong sense of duty, Captain Cardoso has pated, 10-day extravaganza held each swimmer, John was able to reach Kim proven a great credit to himself, the October. Activities at the fair are despite the riptide, and began towing State of New Jersey and to the coun- reminiscent of county fairs of old, re- her toward the beach. Before reaching try. I wish him the best as he receives volving around livestock and horse shore, John became overwhelmed with this tremendous honor.∑ shows, FAA and FHA events, home and exhaustion from fighting the strong f fine arts displays, as well as the ever- current. He continued to struggle to- popular baking and quilting competi- ward shore, and when unable to swim TRIBUTE TO ROBERT GIBSON tions. This year marked the 10-year an- any further, John fought with all his ∑ Mr. JEFFORDS. Mr. President, niversary of the fair. The 628-acre com- might to keep Kim above water as he today I rise to pay tribute to an ex- plex is the largest of its kind, and the cried out for help. Kim’s grandmother, traordinary Vermonter, a gifted parlia- events hosted at the Georgia National Deanna, swam out to the pair and suc- mentarian, and a true friend, Robert Fairgrounds and Agricenter have an es- cessfully helped Kim back to shore. Gibson. Bob Gibson served the timated economic impact of $30 million Meanwhile John’s friend, Ron, came to Vermont Legislature for over 35 years, annually. his aid and pulled John the remaining first as Assistant Secretary of the Sen- For about two weeks starting in mid- distance to the beach. By the time ate, and then as Secretary of the Sen- March, the Peach Blossom Trail on John reached shore, he was completely ate. In these positions, he provided in- U.S. 341 north of Perry is lined with incapacitated, having expended all of valuable advice and counsel to every pink and white blossoms. From mid- his energy in his effort to save Kim. Senator who has served Vermont, from May through mid-August, an abun- The lifeguard and medical technicians 1963, until his death in October. dance of fresh peaches can be found for were unable to revive John, and he died Bob Gibson was born in Brattleboro sale at roadside stands. Dogwoods and while being transported to the hos- in 1931, into one of Vermont’s most dis- azaleas bloom profusely during the pital. If not for John’s quick actions tinguished families, a family dedicated spring and camellias brighten the land- and refusal to put his own life before to serving the public good. Bob’s grand- scape during the winter. The dogwood Kim’s, she would surely have been father, Ernest Gibson, was president of has been adopted as the city’s official swept away. the state Senate in 1908, a U.S. Con- tree. Perry’s downtown has been main- Words can not begin to adequately gressman and a U.S. Senator. His fa- tained as a colonial-style village with describe the ultimate sacrifice John ther, Ernest Gibson, Jr., was an ap- specialty shops and restful atmosphere. made on that fateful September day. pointed U.S. Senator, Governor of

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His brother, Ernest III, is a pired, the time for the two leaders be amount of bipartisan cooperation, former Vermont Supreme Court Jus- reserved for their use later in the day, starting with the introduction of the tice and his other brother, David, is a and the Senate then resume debate on bill by Senator TORRICELLI and myself, former state’s attorney for Windham the pending Wellstone amendment to getting it out of the Judiciary Com- County. S. 625, the bankruptcy reform bill, mittee in April by a vote of 14–4, await- Both Bob Gibson and his father under the previous order. ing our place in line to come up on the helped me immeasurably in my early The PRESIDING OFFICER. Without floor of the Senate, and having had years as a lawyer and a legislator. I objection, it is so ordered. considerable success eliminating a lot clerked for Bob’s father after law Mr. GRASSLEY. Mr. President, I fur- of amendments and hoping to get it to school, and was impressed by his vast ther ask unanimous consent that the conference before we adjourn for the knowledge of and respect for our laws, Senate stand in recess from 12:30 p.m. first session of the 106th Congress. and his dedication to making Vermont until 2:15 p.m. for the weekly policy We have had that bipartisan coopera- a better place. And when I was elected conferences to meet. tion. I expect to continue to work with to my first public office in 1967, as a The PRESIDING OFFICER. Without the Senator from Nevada; the Senator Senator from Rutland County, it was objection, it is so ordered. from Vermont, Mr. LEAHY, the ranking Bob who steered me through the legis- f member of the Judiciary Committee; lative process and set a standard of bi- PROGRAM and Senator TORRICELLI, my partner on partisanship that has guided me the subcommittee, to bring this bill to throughout my career. Mr. GRASSLEY. For the information finality. With a rare sense of fairness and a of all Senators, the Senate will begin Mr. REID. Mr. President, I agree vast knowledge of the Vermont Legis- the final hour of debate on the there has been bipartisan participation lature, Bob extended the same helping Wellstone amendment at 9:30 a.m. on to this point. However, the majority of hand to every Senator that served in Wednesday. By previous consent, the the time that has been spent on this the Chamber during his tenure. Cur- Senate will proceed to a vote on the bill has been in quorum calls and other rent Vermont State Senator from Cal- amendment following the use or yield- matters. Rather than being involved in edonia County, Robert Ide, recently ing back of all the time. A vote on the quorum calls, we should proceed on stated, ‘‘Bob Gibson’s reputation for Moynihan amendment, No. 2663, has this legislation. been ordered to occur immediately fol- fairness and honesty was above re- f proach from any member of the Senate. lowing the vote on the Wellstone His guidance and respect from the lead- amendment. ADJOURNMENT UNTIL 9:30 A.M. ership of both parties was unparalleled Therefore, Senators may expect two TOMORROW in the Vermont statehouse. He was a back-to-back votes at approximately Mr. GRASSLEY. If there is no fur- true friend and mentor for everyone 10:30 a.m. tomorrow. If my plans work ther business to come before the Sen- who served in his classroom, and he out, I prefer to have a third vote imme- ate, I now ask unanimous consent that will be sorely missed.’’ diately afterwards on an amendment the Senate stand in adjournment under Bob Gibson was a positive force in on which we are working to try to get the previous order. the Senate, who kept lawmakers mov- consent. Then, in addition, other votes There being no objection, the Senate, ing forward in an orderly fashion. He may be anticipated during tomorrow’s at 6:15 p.m., adjourned until Wednes- was a positive force in his native session in an effort to complete the day, November 17, 1999, at 9:30 a.m. first session of the 106th Congress. Brattleboro, serving the community in f a variety of ways before moving to Therefore, Senators should adjust Montpelier and becoming Assistant their schedules for the possibility of NOMINATIONS Secretary. He was a positive force in votes throughout the day and also into Executive nominations received by his family, dedicated to his wife, the evening on Wednesday. The leader the Senate November 16, 1999: appreciates the patience and coopera- daughters, parents and brothers. And ENVIRONMENTAL PROTECTION AGENCY tion of all of our colleagues as we at- he was a positive force to all those who W. MICHAEL MC CABE, OF PENNSYLVANIA, TO BE DEP- had the privilege of calling him a tempt to complete the appropriations UTY ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- process. TION AGENCY, VICE FREDERIC JAMES HANSEN, RE- friend. SIGNED. I pay tribute today to a man who Mr. REID. Mr. President, I wish to RAILROAD RETIREMENT BOARD paid tribute every day, to the values renew what I said earlier today. We have taken this bankruptcy bill a long JEROME F. KEVER, OF ILLINOIS, TO BE A MEMBER OF that Vermont holds dear—hard work, THE RAILROAD RETIREMENT BOARD FOR A TERM EXPIR- honesty and fairness. We have lost a way. When the bill started, we had 320 ING AUGUST 28, 2003. (REAPPOINTMENT) amendments that had been filed. We VIRGIL M. SPEAKMAN, JR., OF OHIO, TO BE A MEMBER Vermont institution, but Bob Gibson’s OF THE RAILROAD RETIREMENT BOARD FOR A TERM EX- legacy lives on in the laws he helped to are down now to a handful of amend- PIRING AUGUST 28, 2004. (REAPPOINTMENT) enact and the lives that he touched.∑ ments, literally—12 to 15 amendments. DEPARTMENT OF JUSTICE I suggest to the majority, after we f JANIE L. JEFFERS, OF MARYLAND, TO BE A COMMIS- complete our votes in the morning, we SIONER OF THE UNITED STATES PAROLE COMMISSION APPOINTMENT should go immediately to offering FOR A TERM OF SIX YEARS, VICE JASPER R. CLAY, JR., TERM EXPIRED. The PRESIDING OFFICER. The some of these amendments. I think, IN THE AIR FORCE Chair, on behalf of the majority leader, without a lot of work tomorrow, we THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT pursuant to Public Law 105–277, an- can complete this bill. There is no rea- TO THE GRADES INDICATED IN THE UNITED STATES AIR nounces the appointment of Deborah C. son at this stage to even consider in- FORCE UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: Ball, of Georgia, to serve as a member voking cloture; we are so close to being To be colonel of the Parents Advisory Council on able to complete this bill. I can’t speak JOSEPH G. BAILLARGEON, JR., 0000 Youth Drug Abuse for a 3-year term. for the entire minority, but if a cloture DAVID R. BROWN, 0000 KEVIN M. GRADY, 0000 f motion were filed at this late day, I am MICHAEL C. HART, 0000 confident it would not be passed. MICHAEL S. HILL, 0000 ORDERS FOR WEDNESDAY, I think we should do everything RICKY B. KELLY, 0000 NOVEMBER 17, 1999 STEPHEN R. SCHWALBE, 0000 within our power to complete this bill To be lieutenant colonel Mr. GRASSLEY. Mr. President, I ask before we adjourn. unanimous consent that when the Sen- Mr. GRASSLEY. Mr. President, I JACK A. SNAPP, 0000 ate completes its business today, it ad- don’t take exception to anything the To be major journ until the hour of 9:30 a.m. on Senator from Nevada stated. I simply PAUL N. BARKER, 0000 BRYAN C. BARTLETT, 0000 Wednesday, November 17. I further ask add, we have been on this very impor- PATRICIA S. PARRIS, 0000

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DAVID L. PHILLIPS, JR., 0000 MATILDE M. CHUA, 0000 ROBERT ALLEN MASON, 0000 TERRENCE T. CLARK, 0000 LARRY JOHN MATTHEWS, 0000 IN THE ARMY JEFFREY PAUL CLEMENTE, 0000 JUDITH MC LANE MAY, 0000 THE FOLLOWING NAMES ARMY NATIONAL GUARD OF ALKA V. COHEN, 0000 RUSSELL PAUL MAYER, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO RONALD EDWARD COLEMAN, 0000 CLAUDIA MC ALLASTER, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOSE L. COLLADOMARCIAL, 0000 FRED T. MC DONALD, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DEBRA ANN COOK, 0000 THOMAS W. MC DONALD, 0000 ESTELLE COOKESAMPSON, 0000 GILBERT W. MC INTOSH, JR., 0000 To be colonel BRIAN WILLIAM COOPER, 0000 JAMES W. MENTZER, JR., 0000 WILLIAM COX, 0000 MARGARET ANN MILLER, 0000 RICHARD T. BRITTINGHAM, 0000 HARROLD LYNN CRANFORD, 0000 WILLIAM D. STEWART, JR., 0000 STEPHEN WILLIAM MITCHELL, 0000 SAMUEL A. CROW, 0000 ARLENE JACKSON MONTGOMERY, 0000 IN THE MARINE CORPS DAVID MELVIN CUMMINGS, 0000 ROBERT G. MONTGOMERY, 0000 EDWARD O. CYR, 0000 EARL W. MORGAN, 0000 THE FOLLOWING NAMES LIMITED DUTY OFFICER TO RICHARD L. DALES, 0000 ELIZABETH S. MORRIS, 0000 THE GRADE INDICATED IN THE UNITED STATES MARINE ANITA K. DAS, 0000 MICHAEL EUGENE MULLIGAN, 0000 CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOSE R. DAVILAORAMA, 0000 BARBARA JEAN MURPHY, 0000 RICHARD LEE DAVIS, 0000 FERENC NAGY, 0000 To be major WILLIAM ROSS DAVIS, 0000 KENT ALAN NICKELL, 0000 MOSES DEESE, 0000 JOSEPH B. DAVIS, JR., 0000 PATRICIA W. NISHIMOTO, 0000 DANIEL JOSEPH DUNN, 0000 HARRY WILLIAM ORF, 0000 IN THE NAVY JOHN ALEXANDER DWYER, 0000 FRANK M. ELLERO, 0000 JOHN CARL OTTENBACHER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID F. EVERETT, 0000 JEFFREY J. PARASZCZUK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WALTER G. FAHR, 0000 RAJNIKANT C. PATEL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JACK FOWLER FENNEL, 0000 WILLIAM P. PATTERSON, 0000 To be captain ANTHONY JOHN FERRETTI, 0000 MICHAEL EDWARD PAULSEN, 0000 ROBERT ALLEN FRAMPTON, 0000 NANCY REED PICKETT, 0000 TERRY C. PIERCE, 0000 CORNELIUS E. FREEMAN, 0000 ROSALIND KAY PIERCE, 0000 FRANK G. RINER, 0000 MICHAEL E. FREVILLE, 0000 LAURENCE ROGER PLUMB, 0000 DANNY RAY RAGLAND, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE DAVID FRIED, 0000 JAMES DELMAR REED, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT EDWARD GARDNER, 0000 UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: DANIEL WAYNE GARLAND, 0000 DENNIS EUGENE REILLY, 0000 PAUL EDWARD GAUSE, 0000 DANA FREDERICK REYNARD, 0000 To be lieutenant commander JESSE OTTO GIDDENS, JR., 0000 LESLIE E. RICE, 0000 JOHN VERNON GLADDEN, 0000 RANDY CONRAD RICHTER, 0000 BRAD HARRIS DOUGLAS, 0000 ELLIOTT GOYTIA, 0000 ENRIQUE A. RIGGS, 0000 PAUL ALAN HERBERT, 0000 RICHARD V. GRAHAM, 0000 JAMES C. ROBERTSON, JR., 0000 GREGORY S. KIRKWOOD, 0000 GEORGE PATRICK GREEN, 0000 RICKY JOE RODGERS, 0000 STEPHEN F. O’BRYAN, JR., 0000 RONALD GRIMES, 0000 RAUL RODRIGUEZ, 0000 GREGORY J. SENGSTOCK, 0000 EDWARD ALLEN HADAWAY, 0000 DONALD KARL ROKOSCH, 0000 MARC A. STERN, 0000 J. M. HAMILTON, 0000 HECTOR ROSADO, 0000 IN THE ARMY MARY M. HAND, 0000 PETER JAMES ROSS, 0000 CONSTANCE JEAN HARDY, 0000 JOHN DAVID ROWEKAMP, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JANET MARY HARRINGTON, 0000 MICHAEL JOSEPH ROY, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE KARL MATTHEW HARTMANN, 0000 HARRY GRAHAM RUBIN, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PATRICIA HARVARD, 0000 ROBERT DAVID RUSSELL, 0000 To be colonel DANIEL ALAN HARVEY, 0000 ROBERT W. SAUM, JR., 0000 DAVID M. HAYES, 0000 ARNOLD D. SCHELLER, 0000 STEPHEN C. ALSOBROOK, 0000 MARY ANN THERESA HAYUNGA, 0000 JON EDWARD SCHIFF, 0000 MARY ELIZABETH ANCKER, 0000 JAMES DILLER HELMAN, 0000 JOHN P. SCHIRMER, 0000 EDWIN I. ANDERSON, 0000 SARAH KATHRYN HELMS, 0000 ALLEN CLARK SCHMIDT, 0000 WARNER J. ANDERSON, 0000 ANDRE FRITZ HENRY, 0000 STEFAN SHERMAN, 0000 RICHARD ALBERT ARMSTRONG, 0000 JOHN ROBERT HERRIN, 0000 DENNIS P. SHINGLETON, 0000 JESSE BAILEY, 0000 DONALD EARL HICKS, 0000 STEPHEN K. SIEGRIST, 0000 JAMES MICHAEL BAKER, 0000 MANUEL HIGER, 0000 HAROLD SILMAN, 0000 RONALD EUGENE BANKS, 0000 AUDREY LORAINE HINDS, 0000 LEWIS D. SKULL, 0000 KENNETH EUGENE BARTELS, 0000 MARK ALAN HOFFMAN, 0000 LANI W. SMITH, 0000 ALVIN LEON BAUMWART, 0000 DONNIE JOE HOLDEN, 0000 JAMES W. SNYDER, 0000 DONALD WILLIAM BEGEZDA, 0000 ROBERT GEORGE C. HOLMES, 0000 SHARON ANN R. STANLEY, 0000 DONALD R. BIRMINGHAM, 0000 CLYDE PHILIP HOUSTON, 0000 VIRGINIA S. STAPLEY, 0000 ALJERNON J. BOLDEN, 0000 JAMES CURTIS HOVE, 0000 PAMELA JEAN STAVES, 0000 MARLIN D. BRENDSEL, 0000 CHERYL B. HOWARD, 0000 STEVEN JAMES STEED, 0000 JESSE ABRAHAM BREWER III, 0000 GERTA ANNE HOWELL, 0000 THOMAS MICHAEL STEIN, 0000 KENNETH E. BROOKMAN, 0000 VIRGINIA W. JENKINS, 0000 HERBERT A. STONE, 0000 ROBERT E. BROUGHTON, JR., 0000 EUNICE GERTRUDE JOHN, 0000 LAURA B. STRANGE, 0000 EDITH MARY BUDIK, 0000 MARGARET CHRISTIAN JOHNSON, 0000 BARRY D. STRINGFIELD, 0000 WALTER N. BURNETTE III, 0000 RICHARD LOUIS JOHNSON, 0000 DAVIS M. STROOP, 0000 CANDACE MARIE BURNS, 0000 ROBERT EDMUND JOHNSTONE, 0000 COLLEEN P. SULLIVAN, 0000 MATTIE LEE CALDWELL, 0000 ROBERT CLYDE JONES, 0000 TERRY LYNN SWISHER, 0000 MICHAEL DAVID CARETHERS, 0000 LYNNETTE DORLENE KENNISON, 0000 JAVIER G. TABOADA, 0000 KENNETH RAY CARLETON, 0000 DAVID E. KOSIOREK, 0000 JANET L. THOMPSON, 0000 KATHLEEN SUE CARLSON, 0000 KARL JOSEPH KREDER, JR., 0000 JIMMY DALE THURMAN, 0000 ELROY CARSON, 0000 NANCY ANN KUHL, 0000 SHAW P. WAN, 0000 RICHARD MYRON CARTER, 0000 BENJAMIN J. KULPER, 0000 DONALD G. WARD, JR., 0000 MARGARET LESLIE CARVETH, 0000 JOHN J. LAMMIE, 0000 MARJORY K. WATERMAN, 0000 CORNELIUS F. CATHCART, 0000 REGINALD J. LANKFORD, 0000 WILLIAM BRUCE WATSON, 0000 PATRICK F. CAULFIELD, 0000 FRANKLIN Y. LAU, 0000 SHARON SUE WEESE, 0000 WILLIAM M. CHAMBERLAIN, 0000 RONALD A. LEPIANKA, 0000 GORDON PAUL WESLEY, 0000 AFTAB A. CHAUDRY, 0000 PATRICIA ANN LOCKHART, 0000 MARGARET C. WILMOTH, 0000 DOMINIC KUI K. CHEUNG, 0000 ROY EDWARD MADAY, 0000 MICHAEL A. YOUNG, 0000 JAI JONG CHO, 0000 WALTER JOSEPH MAGUIRE, 0000 RICHARD B. YOUNG, 0000 MARTIN J. CHRISTENSEN, 0000 DANNEN D. MANNSCHRECK, 0000 HENRY E. ZERANSKI, JR., 0000

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HONORING AMERICA’S VETERANS For this I give you thanks and pray. lates as ``Hindu religion, Hindi language, Hindu Nothing compares to the courage you’ve culture, Hindu rule.'' A BJP spokesman said HON. MARK FOLEY known that everyone in India should either be Hindu Or the bravery that you’ve shown. or be subservient to Hinduism. Now, these OF FLORIDA We recognize the veteran’s today, IN THE HOUSE OF REPRESENTATIVES And for this I give thanks and pray. statements might be insignificant except for the fact that the BJP heads India's governing Tuesday, November 16, 1999 Like guardian angels sent to protect The rights of your generation and those of coalition. Mr. FOLEY. Mr. Speaker, I rise today to ex- the next, So far no one has been arrested in connec- press my gratitude to the millions of veterans You made us proud of the U.S.A., tion with this attack. According to the article, who have sacrificed in order to protect the And for this I give thanks and pray. the Christians were conducting an open-air freedoms that are enjoyed by all Americans. May God hold you in His hand, Bible reading in a tent when the tent was Last week, we celebrated a very important day With this I give you one last command; stormed by the Hindu militants. The attackers in AmericaÐVeteran's Day. At a ceremony Obey the Lord in every way. shouted anti-Christian slogans while they tore Honor Him, give thanks, and pray. honoring veterans at Jupiter Christian School and burned Christian pamphlets with religious in my congressional district, several students f speakers. Mr. Speaker, it is shameful that the party shared their thoughts on Veteran's Day TRIBUTE TO SCHMIDT, VALEN- ruling ``the world's largest democracy'' con- through poetry. TINE, WHITTEMORE & COMPANY dones and indeed organizes these kinds of at- Despite their youth, these students wrote PC stirring reminders of the respect and awe we tacks on people who are simply practicing feel for our veterans. These young poets dis- HON. SCOTT McINNIS their religion. But it is part of a pattern of re- played a tremendous understanding of why we pression which has been going on for quite OF COLORADO honor our veterans and a remarkable sensi- some time. In 1997, police broke up a Chris- IN THE HOUSE OF REPRESENTATIVES tivity for the courage of the men and women tian festival with gunfire merely because they who fought to preserve the liberty of our coun- Tuesday, November 6, 1999 were presenting the theme that ``Jesus is the try. I believe that the entire Congress should Mr. MCINNIS. Mr. Speaker, I would like to Answer'' and people were allegedly con- hear these poems and reflect on their mean- take a moment to recognize Schmidt, Valen- verting. ing and I submit them for the RECORD. tine, Whittemore & Company PC. This firm Just a little while ago, a nun was picked up, practices general auditing, public accounting, stripped naked, and threatened by her captors DID YOU EVER WONDER? that they would rape her if she did not drink (By Kevin Maida, 10th grade) and tax preparation in Pueblo, Colorado. This firm has gone far beyond the call of duty. their body wastes. Sister Ruby was frightened Did you ever wonder how it could be Mr. Bernard Schmidt has been with the by these threats because four nuns have been To live in a country where no one is free? raped in 1998 and four priests were killed. Where decisions never are your own, agency since 1946. In 1966, Virginia Whittemore joined the firm and in 1980, Dan A BJP affiliate called the Bajrang Dal, a sis- And you are told what to do, even at home? ter organization in the Fascist RSS, organized Freedom merely just a word . .. Valentine also became a partner. Throughout Never spoken, never heard. the years, the firm has been through some and carried out the murder by burning of mis- sionary Graham Staines and his two sons who Did you ever wonder about fighters on the changes in management and accounting were just 8 and 10 years old. The killers foreign sand styles, however they still remain loyal to audi- Risking their lives to protect our land? tors. It is their service to the community that chanted ``Victory to Lord Ram'' while they car- ried out this grisly murder. They surrounded How courageous and brave they must be, is deserving of recognition and praise. To leave their loved ones and live at sea! I applaud your generosity and kind efforts in the jeep where Staines and his sons slept and Fathers, sons, daughters, and brothers donating time and services for the South- prevented anyone from helping the family. Making a sacrifice for the freedom of others. There has also been a wave of violence eastern Colorado Chapter of the Red Cross. Giving all they had and so much more, against churches, prayer halls, and Christian Your firm is to be commended and admired. Awaiting the day they returned to shore. schools since Christmas. But it is not just the So it is with this that I say thank you to this Do you take for granted the life that you Christians who are being persecuted. live? group of dedicated individuals. They set out to In Kashmir, the BJP and its allies destroyed Or are you truly grateful for what they did? make a difference and they have. the most revered mosque in the state. In Pun- Think of these words; let them sink in, f ‘‘How would our world be, if not for these jab, Khalistan, the Sikh homeland, the Indian men?’’ CHRISTIAN GATHERING ATTACKED government continues to hold thousands of VETERAN’S DAY BY BJP-INSPIRED MOB—NO RELI- political prisoners and continues to carry out (By Jennifer VanNest, 10th grade) GIOUS FREEDOM IN INDIA rapes, extrajudicial killings, and other offenses against their basic human rights. We honor the men dead and alive Mr. Speaker, America is the beacon of free- That fought to make sure freedom survived. HON. EDOLPHUS TOWNS dom. We must do whatever we can to bring We must never forget the sacrifice made OF NEW YORK freedom to everyone. When President Clinton To protect our country, with their lives, IN THE HOUSE OF REPRESENTATIVES they paid. visits India, I urge him to bring up the issues We need to remember the families that Tuesday, November 16, 1999 of human rights for the Sikhs, Christians, Mus- grieve, Mr. TOWNS. Mr. Speaker, I was very dis- lims, and all the other minorities living under The sons and daughters and wives these men tressed to see that the Indian rulers are fo- Indian rule. It is time to tell India that they leave. menting religious violence again. According to must respect human rights or we will stop their We seek to praise the Vets this day And give homage to their bravery in some the November 14 issue of The Times of India, aid from the United States. We should also kind way. ``a group of about 40 persons attacked a put the U.S. congress on record for self-deter- So break out the flag and start the parade Christian gathering outside an Independent mination by calling for a free and fair plebiscite November 11th Church (neither Catholic nor Protestant) in on independence for Khalistan, Kashmir, Is Veteran’s Day! West Delhi's Khyala area on Saturday evening Nagaland, and all the other countries now FREEDOM THROUGH THE AGES [the 13th.]'' The newspaper reported that the under India's artificial rule. It is only by taking (By Pam DeSanctis, 12th grade) attack, which injured 12 people, was ``master- these measures that we can spread the bless- You are a hero for today, minded'' by `suspected Bharatiya Janata Party ings of freedom throughout South Asia. For this I give thanks and pray. (BJP) activists,' according to the police.'' Mr. Speaker, I submit the article from The Through your continuous bravery The BJP is the party that advocates ``Hindu, Times of India into the RECORD for the infor- You have given us history and Liberty. Hindi, Hindutva, Hindu Rashtra,'' which trans- mation of my colleagues.

∑ 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 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.000 pfrm04 PsN: E16PT1 E2390 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 [From the Times of India, Nov. 14, 1999] He is 80-year-old Capt. Earl Fox, a Coast tary, the point at which most officers must MOB ATTACKS CHRISTIAN GATHERING Guard doctor, who spent his last Veterans retire. But he said his decision to leave uni- form is driven primarily by a desire to spend NEW DELHI.—In the first incident of its Day in uniform last week. He is retiring from kind in Delhi, a group of about 40 persons at- more time with his wife of 56 years, Reba. active duty this week. I want to submit an arti- It might be mere serendipity that this ge- tacked a Christian gathering outside an cle from the November 11, 1999, Washington nial octogenarian is the last of 16 million Independent Church (meaning neither Catho- Post, which is a tribute to Capt. Fox and his World War II veterans to don his ribbons and lic nor Protestant) in west Delhi’s Khyala years of dedicated service to his nation. He is decorations every working day. But Fox area on Saturday evening. At least 12 per- seems the perfect representative of a genera- sons were injured in the attack, allegedly a patriot and hero and we salute him. tion that, in his words, ‘‘experienced both masterminded by ‘‘suspected Bhartiya [From the Washington Post, Nov. 11, 1999] great times and times of desperation.’’ Janata Party activists,’’ according to the po- WORLD WAR II VETERAN SOLDIERS ON, Thinking back to nighttime battles fought lice. ALONE—ACTIVE-DUTY DOCTOR; 80, SALUTES in tropical waters, Fox said, ‘‘when things Though four persons—Radhey Shyam HIS GENERATION get tough you need more to fall back on than Gupta, Kapila, Charan and Ashok Sharma— yourself and the present.’’ He had the herit- have been named in the police FIR, no ar- (By Roberto Suro) age of his father, grandfather and great- rests have been made so far. Two weeks ago, Capt. Earl R. Fox learned Area sources said the incident took place that he is the last World War II veteran still grandfather, all military officers. But he at about 8:30 pm in the C-block of a JJ col- on active duty in the U.S. armed forces. also had shipmates. ‘‘We were bound to- ony in Khyala, near Tilak Nagar, where the Since then he has dwelled in memories, won- gether by common purpose,’’ he recalled. group (including some women) stormed a dering whether he will be worthy of the fall- ‘‘The trust we had in each other made us tent where a group of Christians were con- en when he walks among Arlington’s serried strong.’’ Fox has a small photograph, now fading to ducting an open air Bible reading session. A tombstones this afternoon. sepia, that shows 10 sailors in jaunty poses small of group of Christians live in the col- ‘‘I have felt a weight on me to expend at the bow of a PT boat, one of the mahog- ony. every effort to make it honorable for them,’’ Sources said the attackers raised anti- said the 80-year-old Coast Guard physician. any-hulled speedsters dispatched on hit-and- Christians slogans, tore and burnt pamphlets Fox will have breakfast at the White House run missions against enemy fleets. Seated on with religious scriptures. A couple of Bibles today and then speak at a wreath-laying stools before them are two officers. It’s the and a Holy Cross were also reportedly dam- ceremony at the national cemetery. This summer of 1943 and Fox is already a deco- aged in the attack. The group then had a will be his final Veterans Day in uniform—he rated combat veteran and boat commander scuffle with scores of people present in the is retiring next week—and he describes him- at the age of 23. To his right sits an even tent which led to the injuries, the sources self as ‘‘the last direct physical link’’ be- younger man Al Haywood, just out of Yale said. Senior Delhi Police officers confirmed tween today’s military and the warriors of and assigned as the boat’s executive officer. A few weeks after the picture was taken, the attack but denied any Bible was torn or Midway, Normandy and Iwo Jima. they were on patrol off the coast of New burnt by the mob. They also denied that a ‘‘One generation forms the backbone for Guinea when a single Japanese airplane ap- Holy Cross was damaged. ‘‘Initial investiga- the next to build on,’’ says the text he has peared out of nowhere. It strafed the boat. A tions have revealed that the mob, which may prepared for the commemoration. ‘‘As my sailor fell wounded. Haywood rushed to his have had some BJP activists, disrupted the generation fades into the mist of collective side. As the fighter wheeled and dove for an- Bible reading session and then attacked the memory called tradition, you will continue other run at the boat, Haywood threw him- gathering. But all the injuries sustained in the process for the next generation of your self over the injured man. the attack are minor,’’ joint police commis- sons and daughters. In this way, those who The airplane’s gunfire ‘‘stitched him from sioner (southern range) Amod Kanth said. have given the last full measure of devotion head to toe,’’ recalled Fox, who buried Hay- He also said the attackers tore and burnt will live forever . . .’’ wood at sea. The wounded crewman survived. several pamphlets which contained passages As the Virginia native rehearsed his brief ‘‘Remembering people like Haywood and in praise of Jesus. ‘‘But I have personally speech for a visitor to his office at Coast the many, many others like him is impor- spoken to the pastor who was conducting the Guard headquarters yesterday, his voice tant,’’ said Fox, ‘‘because those memories of proceedings and he has denied any cross cracked. He stopped in mid-sentence, honor and sacrifice are the fabric our coun- being damaged or Bible being burnt by the reached for a handkerchief and apologized try is made of.’’ attackers,’’ Mr. Kanth added. for the show of emotion. Local sources said the Bible reading ses- ‘‘I had classmates who did not come f sions were being conducted at this Inde- home,’’ he said. ‘‘I had shipmates who did pendent church for several years, and as a not make it. I knew these men well. I knew ZERO-TOLERANCE AND COMMON continuation, a pastor, Father S. John had what they thought and what they thought SENSE arrived in the area on Friday from about. And I am filled with humility and Hosangipur in southwest Delhi. faith in God, because I feel like I am here Mr. Kanth also said the police had estab- today because of their courage and bravery.’’ HON. WILLIAM (BILL) CLAY lished that the attackers did not belong to After five years of service on patrol-tor- OF MISSOURI the Tilak Nagar area and had come from pedo boats and submarines, Fox left the IN THE HOUSE OF REPRESENTATIVES some other areas. ‘‘It was clearly an Navy in 1947 to attend medical school and Tuesday, November 16, 1999 unprovoked attack and all of them would be then to prosper as a physician in St. Peters- arrested,’’ Mr. Kanth said. burg, Fla. In 1974, he retired at the age of 55 Mr. CLAY. Mr. Speaker, I am submitting the He said the police had registered a case of to enjoy his 43-foot yacht and life as a yacht following editorial from the November 12, 1999 rioting and of disturbing religious assembly club commodore who made a practice of en- St. Louis Post-Dispatch in order to make a in this connection but no arrests had been tertaining officers from the local Coast statement in opposition to so-called ``zero-tol- made so far. Officers said the west district Guard air station. He was at the club one day erance'' discipline policies in our Nation's police had rushed in reinforcements in the when an emergency call came in. schools. Khyala area to prevent any ‘‘further unto- A man aboard a pleasure boat was suf- While maintaining discipline and orderly ward’’ incidents, even though there was no fering a heart attack. With the Coast tension in the area. Guard’s doctor away, Fox was asked to help. conduct in our schools should continue to be a top priority of educators and school adminis- f Within minutes, he was being lowered from a helicopter at sea. trators, we must be mindful that not all mis- IN HONOR OF WORLD WAR II VET- Fox enjoyed the experience so much that deeds are worthy of the stringent and unbend- ERAN, COAST GUARD CAPT. he agreed to join up when the local com- ing punishments administered under these EARL FOX manding officer suggested he could get a policies. Such policies fail to allow a more rea- commission under a program that waived sonable system of addressing each incident age limits for physicians. He made only one separately, thus failing to teach our students demand: He wanted to go to flight school. HON. FRANK R. WOLF the values of discipline and tolerance. As I re- OF VIRGINIA Eventually, he learned to fly helicopters as well as airplanes. main outraged at the actions taken against the IN THE HOUSE OF REPRESENTATIVES For 16 years, until 1990, Fox served as a seven students in Decatur, I am hopeful that Tuesday, November 16, 1999 flight surgeon at Coast Guard stations up other school boards and districts across Amer- Mr. WOLF. Mr. Speaker, I had the honor of and down the East Coast, making more than ica will soon examine their own disciplinary a dozen helicopter rescues. For the past nine attending Veterans Day ceremonies at Arling- policies in order to create a more equitable years, he has worked as the senior medical system of punishment. ton National Cemetery on November 11 and officer in the personnel department at Coast was present to hear President Clinton single Guard headquarters. ZERO-TOLERANCE AND COMMON SENSE out a World War II veteran who is the last vet- Combining his Navy and Coast Guard serv- The Rev. Jesse Jackson’s protest of the ex- eran of that war to still be on active duty. ice, Fox has now spent 30 years in the mili- pulsion of seven students from a Decatur,

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.003 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2391 Ill., high school goes beyond the particulars Company at the time. Yet his real passion was tending to guests needs, giving directions, and in that incident and spotlights an even larg- baseball, so much so that George was the advice on local attractions. Jan is also a histo- er issue—the mindless application of so- team manager of a semi-pro baseball team. rian. She is knowledgeable on her facts on the called ‘‘zero-tolerance’’ discipline policies in history of Mancos. She is famous for con- our schools. Playing on this semi-professional team was a The seven students were in a fight Sept. 17 young ball player from the University of Ten- vincing people to stay longer in Mancos. at a local football game. There were no nessee, Andy Anderson. During the season, Besides running the visitor's center, Jan is weapons, no drugs, no alcohol involved. No- George would invite the players over to his also involved with the chamber of commerce. body was hurt, but someone might have house for dinner, and it was at one of these Jan added several new events to the Fall Fes- been. gatherings where Andy met Marie for the first tival and developed a kid's program. In addi- Punishment was certainly in order. The time. tion to all of this, Jan has excellent manage- school board decided to suspend the students Soon, George and Marie's parents moved to ment and people skills which are required to from school for two years, without the possi- ensure volunteers feel appreciated and award- bility of attending an alternative school. It Knoxville to be closer to their children, allow- ing Andy his continued courtship of Marie. ed. cited its policy of zero tolerance for violence. She is an asset to the community with her Zero tolerance or not, the punishment was During Christmas of 1938, Andy surprised far too severe. Marie with an engagement ring, and on No- involvement in activities and organizations. In the wake of the deadly school shootings vember 29, 1939, Marie and Andy were united Jan has also helped out with fund raising at Columbine and in other cities across in marriage at the Chapel of the Immaculate events for the Mancos Opera House, the America, we all have become deeply con- Conception Catholic Church in Knoxville, Ten- United Way, the library, Mancos Senior Cen- cerned about school safety. As we should be. nessee. ter, the historical society, and the community But as we seek to root out violence, our lack In 1941, their first daughter Marie Allene center. of tolerance must be tempered with common was born. Three years later in 1944, Sallie It is obvious why Jan Koppri was chosen as sense. We’ve become so spooked by the spec- the 1999 Citizen of the Year. So, it is with this, ters of mass shootings that we are quick to Juanita was born, and the youngest girl, Betty Jane, was born in 1950. Mr. Speaker, that I thank her for her service sacrifice children’s lives on the alter of con- and dedication to the community. trol. A 13-year-old Texas boy recently was Also in 1941, Andy and Marie traveled to jailed—jailed—for five days because some Norfolk, Virginia where Andy accepted a field f parents were troubled by a horror story he assignment with the United States Coast and RECOGNIZING AMNESTY INTER- wrote for English class. Two 7-year-olds in Geodetic Survey (USCGS). In Norfolk, Andy NATIONAL—USA FOR ITS LEAD- our region were kicked out of school in sepa- joined the Elks Lodge No. 38 where he be- rate incidents because they brought nail ERSHIP IN PROMOTING THE clippers to school. came an active member and officer. In 1958, HUMAN RIGHTS OF LESBIAN, A two-year suspension for the Decatur high the field office of the USCGS was relocated to GAY, BISEXUAL AND TRANS- school students would have virtually guaran- Washington, D.C. Moving to Arlington, Vir- GENDER PEOPLE AROUND THE teed that they would become dropouts. ginia, Andy continued his work with the WORLD Under pressure from the Rev. Jackson, the USGCS within the United States Department school board has offered a compromise that of Commerce and soon became involved with makes good sense. The students will be sus- HON. TOM LANTOS the formation of the Arlington/Fairfax Elks OF CALIFORNIA pended for a year, but will be allowed to at- Lodge No. 2188. To this date, Andy has co- tend an alternative school. With good behav- IN THE HOUSE OF REPRESENTATIVES ordinated the organization of nine new Elks ior and good grades, they can return to their Tuesday, November 16, 1999 regular school and graduate on time. The Lodges in Virginia. students will be punished but given a chance In 1975, Andy, Marie and their family moved Mr. LANTOS. Mr. Speaker, I rise today to to redeem themselves. It’s unfortunate that to Annandale, Virginia where they reside at commend Amnesty InternationalÐUSA for its it took a national spotlight, protests and this time. Two of their daughters, Marie Allene foresight in establishing the Amnesty three days of school closures for the school Green and Sallie Juanita live in Thibodaux, OUTFRONT Program this past year. board to find what it never should have lost Louisiana and Melbourne Beach, Florida, re- OUTFRONT is Amnesty's program and mem- in the first place: Its head. spectively. Betty Jane lives at home in Annan- bership network which is focused on pro- f dale, Virginia with her parents. At present, moting the human rights of lesbian, gay, bi- Andy and Marie are blessed with six grand- sexual, and transgender people around the HONORING THE 60TH ANNIVER- children and four great-grandchildren. world. SARY OF ANDY AND MARIE AN- Mr. Speaker, I respectfully ask my col- The human rights of lesbians, gay men, DERSON leagues to join me in congratulating Andy and bisexuals, and transgender people are violated Marie Anderson on their 60th wedding anni- daily, Mr. Speaker. Not only are people beat- HON. THOMAS M. DAVIS versary. November 29th marks a memorable en, imprisoned, and killed by their own gov- OF VIRGINIA occasion, and it is only fitting that we pay trib- ernments for engaging in homosexual acts, IN THE HOUSE OF REPRESENTATIVES ute to this wonderful couple and the contribu- but those suspected of being lesbian, gay, bi- sexual, or transgender are routinely the vic- Tuesday, November 16, 1999 tions they have made to their community. f tims of harassment, discrimination, intimida- Mr. DAVIS of Virginia. Mr. Speaker, I want tion, and violence. Many of those who speak to take a moment to recognize two very spe- TRIBUTE TO JAN KOPPRI up for lesbian and gay rightsÐregardless of cial constituents of mine, Herman and Marie their sexual orientationÐare themselves per- Anderson of Annandale, Virginia, who will be HON. SCOTT McINNIS secuted with impunity and thus pressured to celebrating their 60th wedding anniversary on OF COLORADO remain silent. November 29, 1999. It is with great pride and IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the OUTFRONT Program will personal interest that I congratulate them on work with similar programs being developed in this special occasion. Tuesday, November 16, 1999 Amnesty divisions throughout the world and Marie Sauer Anderson was born in Balti- Mr. McINNIS. Mr. Speaker, I wanted to take with Amnesty's research department to insure more, Maryland on February 26, 1919, where this moment to recognize an exceptional that human rights violations committed against she attended Baltimore City schools and grad- woman. Jan Koppri was named Mancos Val- lesbian, gay, bisexual, and transgender people uated from the Strayer Business College. Her- ley Citizen of the Year, for the year 1999. Re- are documented and actions are taken to man C. Anderson, better known as Andy, was peatedly, Jan has gone above and beyond the combat these violations. The effort will pro- born in Knoxville, Tennessee on June 21, call of duty. mote human rights standards at the inter- 1913. He attended Knoxville City schools and Jan is involved quite extensively in the city national and national level that recognize the graduated from the University of Tennessee. of Mancos, Colorado. She is in charge of the basic human rights of all people. In the United Upon graduation, Andy became a seasoned Mancos Valley visitor center. The residents States, Amnesty OUTFRONT will launch a veteran of professional baseball; however, his and tourists are welcomed and guided daily by public campaign to raise awareness of the career was ended short due to a broken ankle her thorough knowledge of the area. Jan has human rights violations faced by lesbian, gay, sustained while sliding into second base. also turned Mancos around from losing money bisexual and transgender people around the In 1937, Marie Anderson visited her brother to making money. A jack of all trades, Jan is world and will work to build an activist mem- George in Knoxville, Tennessee. Marie's a reservationist, making accommodations for bership committed to combating these viola- brother was a supervisor with the Palm Beach lodging and tours within the area, concierge, tions wherever they occur.

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A16NO8.006 pfrm04 PsN: E16PT1 E2392 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 As Co-Chair of the Congressional Human ably and energetically represents the residents the 20 original members who wanted to form Rights Caucus, Mr. Speaker, I have long ad- of Ward 7, which currently includes Antioch, a symphony that would bring classical music mired the human rights activity of Amnesty Bay Point, Bethel Island, Brentwood, Byron, to the community, free of charge. I commend International and am proud to work with the Crockett, Discovery Bay, El Sobrante, Her- the dedication of Bob Peterson and Norma organization in combating human rights viola- cules, Martinez, Oakley, Pacheco, Pinole, Gass; they have helped make the Beach Cit- tions. I welcome Amnesty's special concern Pittsburg, Port Costa and Rodeo. ies Symphony what it is today. Their commit- for the human rights concerns of lesbian, gay, Ted has been a member of the Board's Ex- ment to the arts has enriched the community. bisexual, and transgender people. This impor- ecutive, Finance and Workforce Diversity Each year the symphony performs four free tant aspect of human rights has not been Committees, the Contra Costa Water District/ concerts for the residents of the South Bay. given adequate attention, given the dimen- EBRPD Liaison Committee, Contra Costa The concerts are held at the 2,000 seat sions of the problem. I welcome the fact that County Liaison Committee, Martinez JPA, Marsee Auditorium on the campus of El Ca- a renowned human rights organization like North Contra Costa County Shoreline JPA and mino College. Amnesty is taking a lead in this area. Pinole/Hercules JPA. His preferred Board I congratulate Music Director and Conductor Mr. Speaker, I urge my colleagues to work Committee is the Legislative Committee over Barry Brisk and the entire symphony on this with me and with Amnesty International in pro- which he has expertly presided since 1983. milestone. Thank you for your contributions to moting awareness of human rights violations He serves on intergovernmental Boards such the community. I wish you continued success. on the basis of sexual orientation and mount- as the Delta Science Center and the f Carquinez Regional Land Trust, and is an ac- ing a forceful campaign against such injus- JOE MANZANARES’ GIFTS TO HIS tive participant in the Pt. Molate Base Closure tices. I look forward to working closely with COMMUNITY Amnesty and its OUTFRONT Program in the process, the Park District's East Contra Costa coming years, and I wish them great success County Task Force, and the Concord Naval HON. SCOTT McINNIS in developing this important program. Weapons Station Joint Use Committee. OF COLORADO f An active supporter of local, state and fed- eral efforts to raise funding for the acquisition IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO VICTORIA DELGADO of park and open space lands and the preser- Tuesday, November 16, 1999 vation of natural habitats and endangered spe- Mr. MCINNIS. Mr. Speaker, I would like to HON. EDOLPHUS TOWNS cies, Ted has worked on state bond acts, take a moment to honor a man who has given OF NEW YORK Proposition 70, the Land and Water Conserva- selflessly of his time and effort to help others. tion Fund, and Park District Measure AA IN THE HOUSE OF REPRESENTATIVES Joe Manzanares, for the past forty±two years, (1988), Measures KK and LL (1996) and has volunteered to better his community, pri- Tuesday, November 16, 1999 Measure W (1998). He has played a pivotal marily through his work with Neighborhood Mr. TOWNS. Mr. Speaker, I want to ac- role in the acquisition of a number of key re- Housing Services of Pueblo, Colorado in the knowledge the great accomplishments of Vic- gional parks and trails, including Martinez Re- Third Congressional District. toria Delgado. gional Shoreline, Carquinez Strait Regional Mr. Manzanares has accomplished several As the Director of Bilingual/Multicultural Pro- Shoreline, Big Break Regional Shoreline and achievements through his voluntary work, in- grams for Community School District 32, Black Diamond Mines Regional Preserve, sig- cluding the development of El Pueblo Pride Vicky, as she is affectionately known, is one of nificantly contributing to the Park District's Park which is a five acre neighborhood park in New York City's education veterans. She led acreage increasing by 40,000 acres since Pueblo's west side. Following a tragic auto ac- the charge on behalf of bilingual education 1978. Ted provided a leadership role in oppo- cident in his neighborhood that killed a child, and contributed to nurturing and developing sition to the development of solid waste land- Joe Manzanares and his granddaughter, new teachers and supervisors through her fills at future proposed parkland sites at Round Cecily Bustillo, worked to create this park out teachings, coaching and mentoring. Vicky has Valley and Black Diamond in East Contra of nothing, lobbying the state to purchase the made her mark on New York City as an effec- Costa County. land, which was then turned into a park. tive and committed proponent and advocate Ted continues to seek opportunities for park Joe Manzanares has been recognized by for quality bilingual instruction, equal access and open space acquisition through partner- others for his inspirational dedication to revital- and opportunity. ships with agencies such as the National Park izing neighborhoods. This week, he will travel Vicky is no retiring from the New York City Service (John Muir National Historic Site), to Oakland, California to receive additional Board of Education. She will be forever known Muir Regional Land Trust (Franklin Hills), and recognition for his achievements. There, Mr. for her contributions to the education of chil- the Federal Government (Ozol Fuel Depot and Manzanares will receive the Dorothy Richard- dren with limited English proficiency. I want to Concord Naval Weapons Station). son Award for Resident Leadership Develop- offer my congratulations and best wishes to I know I speak for all the Members of this ment from the Neighborhood Reinvestment Vicky on her retirement. chamber when I congratulate Ted Radke for Corporation. He will be one of nine people re- f his 20 years of service to the East Bay Re- ceiving the award, selected from thousands of gional Park District Board of Directors, and volunteers for nonprofit organizations across IN HONOR OF TED RADKE’S 20 when I thank him for the many contributions this country. YEARS OF SERVICE TO THE he has made to our community. I cannot think of a more fitting and deserv- GREAT OUTDOORS f ing recipient of this honor than Joe Manzanares. I wish to extend my congratula- HON. GEORGE MILLER HONORING THE BEACH CITIES tions to Joe Manzanares upon the occasion of SYMPHONY this award honoring the commitment that he OF CALIFORNIA has made to his neighborhood in Pueblo, his IN THE HOUSE OF REPRESENTATIVES HON. STEVEN T. KUYKENDALL home since 1962. Mr. Speaker, let me close Tuesday, November 16, 1999 OF CALIFORNIA by extending my own appreciationÐthank you, Mr. GEORGE MILLER of California. Mr. IN THE HOUSE OF REPRESENTATIVES Joe Manzanares, for your work to improve our Speaker, I rise today to invite my colleagues Tuesday, November 16, 1999 community. to join me in congratulating Ted Radke on the Mr. KUYKENDALL. Mr. Speaker, I rise f occasion of his 20th year of service on the today to recognize an important organization GAO REPORT URGES IMPROVE- East Bay Regional Park District Board of Di- in my district, the Beach Cities Symphony. For MENTS OF FEDERAL PROGRAMS rectors. the last 50 years, this group has entertained FOR CHILDREN OF MIGRANT We all owe Ted a debt of gratitude for his the people of the South Bay with its classical FARM WORKERS successful and tireless efforts to preserve and music. protect precious lands in the Bay Area for Celebrating its 50th anniversary, the Beach generations of Californians. HON. TOM LANTOS Cities Symphony continues to promote the OF CALIFORNIA Ted was originally elected to the East Bay musical arts through volunteering time and tal- IN THE HOUSE OF REPRESENTATIVES Regional Park District Board of Directors in ents for the enjoyment and enhancement of November, 1978 and has been re-elected both the performers and the audience. Tuesday, November 16, 1999 every four years since that time. He served as Two individuals have been with the sym- Mr. LANTOS. Mr. Speaker, I rise today to Board President in 1986, 1987 and 1995. He phony since its inception. They were among call to the attention of my colleagues of a

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K16NO8.008 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2393 General Accounting Office (GAO) report which Educational Program (MEP). Currently, only Community Council, The Good Neighbor Block I requested. The reportÐentitled ``Migrant children of crop workers are eligible for MHS, Association, The Church Women United of Children: Education and HHS Need to Im- whereas those eligible for MEP include chil- Brooklyn and the NAACP. Elizabeth McIntosh prove the Exchange of Participant Informa- dren of dairy workers and fishers, as well as has shown courage and determination in tion''Ðhas just been released. The GAO study crop workers. As a result of MHS' narrower whatever task she undertakes. She leaves an reports problems with federal education pro- eligibility requirements, fewer infants and pre- indelible impression on everyone she meets. grams which have been established to help school migrant children are eligible for MHS The strong desire to help and a love for hu- children of migrant farm worker families. The than for MEP. manity keeps Mrs. McIntosh on the move. two largest federal education programs, Mi- The GAO's second recommendation, to I commend the accomplishments of Eliza- grant Education and Migrant Head Start, help make sure that critical information is trans- beth McIntosh to the attention of my col- over 660,000 migrant children overcome edu- mitted to the receiving school or center when leagues. cational hardships. The report concludes that it is needed. In order to assure that this is f federal education programs created to help done, GAO recommends that the Secretaries children of migrant farm worker families, could of Education and of Health and Human Serv- RECOGNIZING VIRGINIA’S MINOR- better serve migrant children. ices to develop an electronic nationwide sys- ITY-OWNED INFORMATION AND Mr. Speaker, migrant children routinely suf- tem that would allow schools and MHS cen- TECHNOLOGY FIRMS NAMED fer poverty, inadequate housing, social isola- ters to readily access or request educational AMONG THE 100 LARGEST BY tion, pesticide exposure, and disrupted school- and health information migrant children. Cur- BLACK ENTERPRISE MAGAZINE ing as their families move from place to place rently, the absence of a national system often and from state to state in search of work. The results in inappropriate classroom placements, HON. THOMAS M. DAVIS fresh produce and rich variety of canned and delays in receiving services, repeated immuni- OF VIRGINIA frozen foods on our American tables would not zations, or failures to complete high school IN THE HOUSE OF REPRESENTATIVES be available without the labor of migrant farm graduation requirements. Tuesday, November 16, 1999 worker families, but migrant children, many of GAO's third recommendation is that the two whom labor in the fields along side their par- cabinet Secretaries include in their respective Mr. DAVIS of Virginia. Mr. Speaker, I rise ents, frequently do not share in this bounty. research and evaluation plans studies that today to join my colleagues from Virginia in We need effective programs which can help measure the outcomes of MEP and MHS and commending the work of a group of Virginia's these children. the extent to which programs are meeting their most innovative companies. Included in Black According to the GAO report, migrant work- goals. It is important that we know if migrant Enterprise Magazine's list of the 100 largest ers are diverse, young, and mobile. Although education and head start programs are work- minority-owned companies are 13 information most are Mexican and Mexican-American, ing. Although both Education and HHS collect and technology firms. Nine of the 13 call Vir- there has been an influx of workers from Cen- substantial amounts of program data, none of ginia home. These businesses represent the tral America. At the same time, a substantial the current data enables either department to very best of the Information Age true super- portion of the migrant labor force includes evaluate how much their programs are helping stars in the information technology arena that English-speaking, white U.S. families; Bengali- migrant children. is helping to fuel the economy in my home speaking workers harvesting grapes and fruit Mr. Speaker, copies of this important report state of Virginia and across the entire nation. in California; Russian-speaking workers fishing are available. I urge my colleagues to read the These nine enterprises are fostering the and logging in the Northwest; and Gullah- GAO's important new report on migrant chil- emergence of an exciting new market for Afri- speaking, African-American families shrimping dren and join me in working to implement can American entrepreneurs. At the top of the in Georgia. Over the years, the workforce has these important recommendations. IT industry, Universal System Technology Inc. become younger, and today most migrant f (UNITECH); Digital Systems International farm workers are under 35. In particular, the Corp; SENTEL; Innovative Logistics Tech- number of teenage boys who migrate without HONORING ELIZABETH MCINTOSH niques, Inc.; Advanced Resource Tech- their familiesÐmany as young as 13 years of nologies, Inc.; Houston Associates, Inc., and ageÐcontinues to increase. HON. EDOLPHUS TOWNS Armstrong Data Service, Inc. (ADS) are trans- Mr. Speaker, about half of all migrant work- OF NEW YORK forming Northern Virginia into one of the ers travel with their families. Most migrant IN THE HOUSE OF REPRESENTATIVES world's leading technology hubs. farm worker families live in two or more loca- It is not by chance that African-American- tions per year, disrupting the education and Tuesday, November 16, 1999 owned businesses are finding their success preschool experience of children. This not only Mr. TOWNS. Mr. Speaker, I want to recog- stories in Northern Virginia. Our region's con- disrupts regular education, it can also disrupt nize the achievements of community activist, centration of fine colleges and universities pro- special services available to migrant children. Elizabeth McIntosh. vides a vast pool of potential employees. In part this is because children who may be Mrs. McIntosh is a native of Aiken, South Emerging businesses may also choose from a eligible for special education services in one Carolina. She received her formal education in large number of former government employ- location are not eligible when they move to Jacksonville, Florida and came to New York in ees seeking high-tech jobs in the private sec- another location and in part because critical 1935, where she was employed in the gar- tor. Furthermore, close proximity to our na- information, such as immunization records and ment district. Later, she was employed by the tion's political center renders opportunities for special education needs assessments, are not New York City Transit Authority and retired government contracting and access to key de- transmitted or are not accepted at the new from NYCTA after thirty years of service. cision-makers. school. Because children of migrant farm fami- She is a dedicated and faithful member of The area also boasts a plethora of organiza- lies are in an area for a relatively short time, Universal Baptist Church, where she serves tions that provide resources to emerging busi- they may not receive the services they need as a deaconess. Mrs. McIntosh enjoys work- nesses. The Northern Virginia Technology and they may receive unnecessary immuniza- ing with and helping others whenever and Council hosts networking sessions, helping tions or diagnostic assessments. An additional wherever she can. She contributes her time to young companies build relationships with problem for older children is satisfying the the Stuyvesant Heights Landmark Senior Cit- large, established IT firms. The Fairfax County courses requirements for high school gradua- izen Center where she is also a member and Economic Development Authority and the tion. Requirements differ from school district to the Retired Senior Volunteer Program (RSVP) Center for Innovative Technology provide school district and records of courses com- of the Community Service Society. technical, financial and business assistance. pleted must be transmitted to the new school For many years, Mrs. McIntosh has made Mr. Speaker, in closing, I want to send my district, and frequently this does not happen or significant contributions to the growth and de- sincere congratulations to the African-Amer- it happens only with considerable delay. velopment of the Unity Democratic Club. Her ican entrepreneurs who are using Northern Mr. Speaker, the GAO recommends that to exemplary leadership and commitment as Virginia's existing resources well, while cre- help all migrant infant and preschoolers get Chaplain, a member of the Executive Board, ating jobs and contributing to the area's sup- the services they need, the Secretary of The Women's Auxiliary and numerous other portive community and excellent quality of life. Health and Human Services expand its defini- committees related to campaign and election We celebrate their entrepreneurial spirit, we tion of eligible agricultural occupations avail- activities is an inspiration to the Club. honor their commitment to the state of Virginia able for Migrant Head Start (MHS) programs In addition, she is a member of the National and applaud their vital role in the information to harmonize with those listed under Migrant Council of Negro Women, The 81st Precinct and technology industry.

VerDate 2999 06:39 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K16NO8.009 pfrm04 PsN: E16PT1 E2394 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 HONORING DR. MARILYN WHIRRY, DNA Index System (CODIS), and authorize the displaced families and bring the child CALIFORNIA’S TEACHER OF THE the construction of a missing persons data- home. Furthermore, it will allow individuals YEAR base. Joining me as cosponsors are, my who, in later years, suspect they have been friends and colleagues, co-chairman of the abducted to refer to the FBI in search of a HON. STEVEN T. KUYKENDALL Congressional Law Enforcement Caucus, match to their DNA. OF CALIFORNIA Congressmen JIM RAMSTAD of (Minnesota) I recently assisted in coordinating a pilot IN THE HOUSE OF REPRESENTATIVES and BART STUPAK of Michigan. program between the National Center for Mr. Speaker, in 1994, the Congress passed Missing and Abducted Children, the Depart- Tuesday, November 16, 1999 the DNA Identification Act, which authorized ment of State, the Department of Justice, and Mr. KUYKENDALL, Mr. Speaker, I rise the construction of the Combined DNA Index the Rockland County, New York Clerk's and today to recognize an exceptional individual System, or CODIS, to assist our Federal, Sheriff's Offices, which will assist in stopping from my district, Dr. Marilyn Whirry. Dr. State, and local law enforcement agencies in individuals from smuggling children out of the Whirry, an English teacher in Manhattan fighting violent crime throughout the Nation. country. This program is an important step in Beach, was recently named California's CODIS is a master database for all law en- protecting our Nation's children. However, Teacher of the Year. She is the first South forcement agencies to submit and retrieve constructing a missing person's database will Bay teacher to win this award and advance to DNA samples of convicted violent offenders. provide a strong, national foundation to assist the National Teacher of the Year competition. Since beginning its operation in 1998, the sys- our Nation's families and law enforcement in For over 30 years, Dr. Whirry has taught tem has worked extremely well in assisting the fight against child abduction. English to students in grades 9±12 at Mira law enforcement by matching DNA evidence Mr. Speaker, as you are aware, our Nation's Costa High School. She has touched the lives with possible suspects and has accounted for fight against crime is never over. Every day, of thousands, instilling in her students the im- the capture of over 200 suspects in unsolved the use of DNA evidence is becoming a more portance of education. violent crimes. important tool to our Nation's law enforcement She currently teaches Advanced Placement However, because of the high volume of in solving crimes, convicting the guilty and ex- English to Mira Costa seniors. When Dr. convicted offender samples needed to be ana- onerating the innocent. The Justice Depart- Whirry took over the program 9 years ago, lyzed, a nationwide backlog of approximately ment estimates that erasing the convicted of- only 26 students were in the class. The pro- 600,000 unanalyzed convicted offender DNA fender backlog nationwide could resolve at gram has since developed under her direction samples has formed. Furthermore, because least 600 cases. The true amount of unsolved and now enrollment is roughly 150 students. the program has been so vital in assisting cases, both State and Federal, which may be She expects a lot from her students, and im- crime fighting and prevention efforts, our concluded through the elimination of both plements a challenging curriculum focused States are expanding their collection efforts. backlogs is unknown. However, if one more upon rigorous learning and discovery. Recently, although New York State already case is solved and one more violent offender Dr. Whirry's commitment to educational ex- has a backlog of approximately 2,000 sam- is detained because of our efforts, we have cellence extends beyond the Manhattan ples, Governor George Pataki recently an- succeeded. Beach Unified School District. She is also a nounced that the State will be expanding their In conclusion, as we prepare to step into the professor at Loyola Marymount University and collection of DNA samples to require all violent 21st century, we must ensure that our Nation's regularly conducts reading workshops through- felons and a number of nonviolent felony of- law enforcement has the equipment and sup- out southern California. She has been a con- fenders. port necessary to fight violent crime and pro- sultant for several states including California, State forensic laboratories have also accu- tect our communities. H.R. 3375, the Con- and she has also advised President Clinton. mulated a backlog of evidence for cases for victed Offender DNA Index System Support Last year she was selected as the chairperson which there are no suspects. These are evi- Act, will assist our local, State, and Federal of the National Assessments Governing dence ``kits'' for unsolved violent crimes which law enforcement personnel by ensuring that Board's committee to develop a voluntary na- are stored away because our State forensic crucial resources are provided to our DNA tional reading test to assess fourth graders. laboratories do not have the support nec- data-banks and crime laboratories. Over her career, she has become a national essary to analyze them and compare the evi- f leader in education. dence to our nationwide data bank. Presently, I congratulate Dr. Marilyn Whirry on being there are approximately 12,000 rape cases in COMMENDING J.C. CHAMBERS FOR selected as California's Teacher of the Year. It New York City alone, and, it is estimated, ap- HIS GREAT SUPPORT OF LUB- is a testament of her commitment to her stu- proximately 180,000 rape cases nationwide, BOCK CHARITIES dents as well as a reflection of the quality of which are unsolved and unanalyzed. This education in the South Bay. She is a valuable number represents a dismal future for the suc- HON. LARRY COMBEST member of the community, and I wish her cess of CODIS and reflects the growing prob- OF TEXAS much success in the national competition. The lem facing our law enforcement community. IN THE HOUSE OF REPRESENTATIVES The successful elimination of both the con- students and parents of Manhattan Beach are Tuesday, November 16, 1999 grateful to have her as an educator. victed violent offender backlog and the un- f solved casework backlog will play a major role Mr. COMBEST. Mr. Speaker, I rise today to in the future of our State's crime prevention honor Mr. J.C. Chambers, an individual who H.R. 3375: CONVICTED OFFENDER and law enforcement efforts. understands the meaning of dedication and DNA INDEX SYSTEM SUPPORT The Convicted Offender DNA Index System service to his neighbors and his community. ACT OF 1999 Support Act will also provide funding to the On November 10, Mr. J.C. Chambers of Lub- Federal Bureau of Investigation to eliminate bock, TX, received the 1999 Award for Philan- HON. BENJAMIN A. GILMAN their unsolved casework backlog and close a thropy. This award recognizes all of the many OF NEW YORK loophole created by the original legislation. Al- civic activities for which he has volunteered IN THE HOUSE OF REPRESENTATIVES though all 50 States require DNA collection and supported. J.C.'s volunteer work in Lub- from designated convicted offenders, for some bock spans 40 years and includes leading the Tuesday, November 16, 1999 inexplicable reason, convicted Federal, District Lubbock United Way as president and cam- Mr. GILMAN. Mr. Speaker, today, I'm intro- of Columbia, and military offenders are ex- paign chairman. He has also chaired the Red ducing H.R. 3375, the Convicted Offender empt. H.R. 3375 closes that loophole by re- Raider Club in Lubbock. Furthermore, J.C. DNA Index System Support Act of 1999. This quiring the collection of samples from any serves as a board member of the Lubbock legislation will provide assistance to the States Federal, military, or DC offender convicted of Methodist Hospital Foundation, the Advisory to eliminate their backlog of convicted offender a violent crime. Board of the Southwest Institute for Addictive DNA samples, provide grants to the States to Moreover, this measure includes a provi- Diseases, the Committee of Champions, the eliminate their backlog of DNA evidence for sion, which will permit the FBI to construct a Texas Board of Health, the Center for the cases for which there are no suspects, provide missing person database. This program will Study of Addiction, and the Children's funding to the Federal Bureau of Investigation permit family members who have lost a loved Orthopaedic Center. (FBI) to eliminate their unsolved casework one to voluntarily enter their DNA profile into J.C. has earned many additional awards backlog, expand collection efforts to include a national registry. Should a missing child be honoring his achievements, such as Lubbock's Federal, District of Columbia (DC) and military found, this database will provide our law en- Outstanding Young Man in 1965 and Lubbock violent convicted offenders into the Combined forcement agencies with a system to locate Christian College's Servant Leader of the Year

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16NO8.015 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2395 in 1985. In 1990, he received the Distin- rent law to call attention to or challenge a se- current law, a foreign government's toleration guished Alumni of Texas Tech honor and in ries of regulations en bloc. of systematic anticompetitive activities triggers 1992, the People of Vision Award. Mr. Cham- This bill begins to fill that gap by creating an USTR's discretionary authority to take respon- bers earned the Rita P. Harmon Volunteer ``SPS Special 301'' provision, modeled after sive action.) The bill also makes clear that Service Award from the United Way in 1995, the existing Special 301 for measures affect- anticompetitive conduct triggering USTR's au- the William Booth Award from the Salvation ing intellectual property rights. It requires thority includes conduct coordinated between Army, and the Lubbock Chamber of Com- USTR to make an annual identification of the or among foreign countries (not just within a merce Distinguished Citizen Award in 1998. most onerous or egregious instances of for- single foreign country) and conduct that has J.C. has been a local insurance sales agent eign country trade barriers disguised as health the effect of diverting goods to the U.S. mar- at Massachusetts Mutual Life Insurance Com- and safety measures. As with Special 301 for ket (not just conduct that keeps U.S. goods pany in Lubbock since 1957. He graduated intellectual property rights, identification of the and services out of foreign markets). Lubbock High School in 1950 and from Texas priority foreign country SPS measures will trig- Second, the bill establishes a mechanism Tech University in 1954. J.C. volunteers out of ger a requirement for USTR to undertake a for addressing the private components of joint a sense of responsibility to his community. section 301 investigation of those measures. public-private market access barriers. Under Through his service, he has made the city of The bill also requires the President to take current law, at the conclusion of a section 301 Lubbock and our society a better place to live. into account the extent to which a country's investigation, USTR must determine whether I would like to congratulate Mr. J.C. Chambers health and safety regulations are based on the foreign country under investigation has en- for his outstanding commitment to others. scientific evidence in determining that coun- gaged in conduct requiring or warranting re- sponsive action. Under this bill, if that deter- f try's eligibility for benefits under the General- ized System of Preferences. mination is affirmative, USTR will be required THE INTRODUCTION OF H.R. , THE The second gap in current U.S. and WTO to make an additional determination, to wit: TRADE ENHANCEMENT ACT OF 1999 law concerns market access barriers that take whether there is reason to believe that the the form of private anticompetitive conduct conduct at issue involves anticompetitive con- HON. SANDER M. LEVIN supported, fostered, or tolerated by a foreign duct by any person or persons. If the latter de- termination is also affirmative, USTR will be OF MICHIGAN government. For example, some governments required to refer the matter to the Department IN THE HOUSE OF REPRESENTATIVES delegate regulatory-type authority to trade as- sociations, which are thereby able to engage of Justice. Tuesday, November 16, 1999 Upon referral of a matter from USTR, the in conduct that would violate the antitrust laws Department of Justice will be required to un- Mr. LEVIN. Mr. Speaker, today, along with if engaged in by entities in the United States. dertake an investigation to determine whether Representatives HOUGHTON and THURMAN, I These practices allow foreign producers to there is reason to believe that any persons am introducing the Trade Enhancement Act of gain a regulatory advantage over exporters have violated the Sherman Antitrust Act. That 1999. This bill will strengthen the ability of the from the United States and other countries. investigation ordinarily will have to be com- U.S. government to counteract foreign country Neither current U.S. laws nor the rules of pleted within 180 days. An affirmative deter- measures that act as market access barriers the WTO are equipped to address fully joint mination will require the Department either to to U.S. agricultural and manufactured goods public-private market access barriers. Section commence an enforcement action against the and services. It will do this by updating section 301 authorizes USTR to respond to certain alleged violators or explain to Congress its 301 of the Trade Act of 1974, as well as the foreign government measures, but does not reasons for declining to do so. Sherman Antitrust Act. refer expressly to some of the forms of con- For 25 years, section 301 has been essen- The third gap in current law is the lack of duct that make these barriers effective. Nor any express penalty for foreign non-coopera- tial to the effective conduct of U.S. trade pol- does section 301 authorize USTR to respond tion in the gathering of evidence relevant to an icy. Section 301 investigations by the Office of to the private activity component of these bar- investigation of market access barriers. In re- the U.S. Trade Representative (``USTR'') have riers. cent years, there have been several instances opened foreign markets for U.S. workers, U.S. antitrust law authorizes the Justice De- in which a foreign government refused to co- farmers and businesses. These investigations partment and Federal Trade Commission to operate with USTR in the conduct of a section have also led to negotiation of multilateral and address foreign anticompetitive conduct that 301 investigation or the enforcement of a bilat- bilateral agreements that liberalize trade, ex- harms U.S. exports, but this authority has eral trade agreement. In certain cases, these pand markets and strengthen rules of fair and rarely been exercised, and there is no require- attempts to obstruct the conduct of an inves- open competition for manufactured and agri- ment that it be exercised in appropriate cases. tigation extended even to refusing to meet cultural products and services, and improve Nor are WTO rules yet adequate to address with Cabinet-level and other senior Administra- protection of intellectual property rights. joint public-private anticompetitive conduct. tion officials. These actions prevent the United Today, benefits from these agreements flow This was illustrated by the recent Japan-Film States from developing a factual basis to un- not only to the United States, but to all WTO decision, in which the WTO declined to find derstand and resolve important trade problems members. that U.S. benefits under the WTO had been and issues and, in addition, contradict long- Section 301 remains an important policy ``nullified or impaired'' due to a Japanese dis- standing norms of diplomatic behavior. tool, even with the advent of binding dispute tribution regime that discriminated against im- The Trade Enhancement Act of 1999 begins settlement in the WTO. As international trade ports, including U.S.-made photographic film to fill the third gap by creating a deterrent to and economic integration have grown, new and paper. non-cooperation in investigations of market ac- barriers have arisen or have become more ap- Joint public-private barriers flourish in envi- cess barriers. USTR will be authorized to draw parent. In a number of cases, neither U.S. ronments where government rulemaking and an inference adverse to the interests of a for- laws nor WTO rules yet provide an adequate administration are opaque. While WTO rules eign respondent in the event of non-coopera- means for addressing such barriers. This bill require transparency in these processes, the tion in the provision of relevant evidence. The identifies three significant gaps in the existing WTO to date has failed to apply its rules in a adverse inference would be limited to the body of U.S. and WTO law and amends U.S. way that achieves that result. Also, the WTO issues on which the foreign government re- law to address foreign country barriers that ex- rules are not designed to address the private fused to cooperate. This sanction is modeled ploit those gaps. component of joint public-private market ac- on discovery sanctions that courts and admin- The first gap concerns market access bar- cess barriers. istrative bodies in the United States commonly riers masquerading as health and safety The Trade Enhancement Act of 1999 begins apply. measures. Such barriers come within the pur- to fill this second gap by upgrading the author- Mr. Speaker, it is important that the agen- view of the WTO Agreement on Sanitary and ity of USTR so that the agency is better able cies working to open foreign markets to U.S. Phytosanitary Measures (``the SPS Agree- to respond to joint public-private market ac- goods, services, and capital be equipped with ment''). However, barriers in this sector have cess barriers. It does this in two principal modern tools to address modern problems. It tended to proliferate in a fragmented way, ways. has been over a decade since these tools which makes them difficult to challenge one at First, the bill broadens the definition of for- were last upgraded. In that time, the nature of a time. WTO-inconsistent health and safety eign conduct that will trigger USTR's authority foreign trade-impeding activity has changed. It regulations often focus on individual products to take responsive action. To the category of has become more sophisticated. The tools or narrow product categories. It is generally in- conduct requiring responsive action by USTR, used to defend U.S. rights ought to be equally efficient to take each one on independently. the bill adds a foreign government's fostering sophisticated. Accordingly, I urge my col- However, there is no mechanism under cur- of systematic anticompetitive activities. (Under leagues to support this bill, and I urge that it

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16NO8.015 pfrm04 PsN: E16PT1 E2396 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 receive serious consideration by the commit- tions with Indonesia. Indonesia is the fourth with the difficult problems of his country. Presi- tees of jurisdiction and by the full House. largest nation in the world, and it is a country dent Wahid assumes the leadership of this im- f that has recently taken the first important portant country with integrity and a commit- steps in the direction of greater democracy. ment to democratic values that we here in the TRIBUTE TO TOM SOUTHALL The Indonesian elections held last June were United States admire and share. We wish him an important step forward, the first democratic well in the challenges he faces, and we should HON. SCOTT McINNIS elections in Indonesia in nearly half a century. work with him in meeting them. OF COLORADO The next important step in strengthening de- f IN THE HOUSE OF REPRESENTATIVES mocracy was the action of the Indonesian par- THE WORLD MUST NOT FORGET Tuesday, November 16, 1999 liament just three weeks ago in voting to elect Abdurrahman Wahid as President of the coun- SIKH POLITICAL PRISONERS IN Mr. MCINNIS. Mr. Speaker, I would like to INDIA recognize a man who has been an inspiration try. Mr. Speaker, in the few short weeks since to hundreds of young men and a legend President Wahid has been in office he has HON. EDOLPHUS TOWNS amongst his colleagues within his own profes- taken a number of important steps to strength- OF NEW YORK sion. Mr. Speaker, I am talking about Tom en democracy in his country. There are still IN THE HOUSE OF REPRESENTATIVES Southall, Steamboat Springs High School bas- difficulties ahead, but he has started out on ketball coach and a recent inductee to the Tuesday, November 16, 1999 the right foot, and it is in our interest to sup- Colorado High School Activities Association Mr. TOWNS. Mr. Speaker, India frequently port his efforts. Hall of Fame. The President has announced an effort to boasts about its democratic institutions, so the Tom is known as one of the best coaches fight corruption, which has been one of the se- world pays little attention to the abuses of in Colorado, as the facts clearly attest. He is rious and persistent problems that faced Indo- human rights that go on there. Yet it has re- the all-time winningest coach in the history of nesia under its previous authoritarian leaders. cently come out that there are thousands of Colorado. While Tom is known to be a great Questions have been raised about certain ac- political prisoners being held in ``the world's coach, he is also known for being a man of tions of three members of President Wahid's largest democracy.'' great character and imparts his knowledge to These political prisoners are being held in il- cabinet. The President has announced that if his players. A mark of a good coach is the legal detention for their political opinions. the Attorney General finds evidence of corrup- ability to make his players better. While Tom Some have been held without charge or trial tion, the ministers will be investigated, certainly fulfills that role, he also makes his for 15 years. One known case is an 80-year- charged, and relieved of office. That kind of in- players better people and teaches them about old man. Yes, India is holding an 80-year-old tegrity and moral leadership is what is re- what it means to do things the right way. man in illegal detention for his political opin- quired, and I believe President Wahid has While being the winningest coach in the his- ions. these qualities. tory of Colorado is more than impressive, Tom What have these Sikhs done? They have Mr. Speaker, President Wahid has also not only understands sports as a coach, but spoken out for freedom for their people and an sought to establish civilian control over the also was a great athlete in his day. He was a end to the violence against their people. They militaryÐan important democratic principle. four-year letterman in football, basketball and have spoken out against the repression and The President appointed a civilian as his Min- track. He was on a state championship team tyranny that have killed 250,000 Sikhs since ister of Defense, the first civilian to hold such in football as the star running back. In track, 1984. In India, this is apparently a crime. a position. Democratic control of the military he was a three time state champion. Besides Other minority nations have also seen sub- has been a serious matter of concern in Indo- his athletic prowess, Tom was also an intel- stantial numbers of their members taken as nesia. The military has played an important ligent student, member of the student council political prisoners by the democratic govern- role in the integration of Indonesia, but it has and participated in the school band. Mr. ment of India. In addition, the Indian govern- also acted outside the control of elected offi- Speaker, Tom Southall should be used as a ment has murdered over 200,000 Christians in cials, as was particularly evident in the mis- role model of what being a good coach and Nagaland since 1947. Tens of thousands of handling of the referendum in East Timor. doing things the right way is all about. people in Manipur, Assam, Tamil Nadu, and Decades of the precedent of the military acting f other areas have also died at the hands of the independently and abusing the human rights Indian government. PRESIDENT ABDURRAHMAN of Indonesians will be difficult to reverse over- Mr. Speaker, why should the people of the WAHID TAKES IMPORTANT night, but the direction taken by the President United States support a government like this? STEPS TO STRENGTHEN DEMOC- is clearly the right one. The answer is that they shouldn't. Yet India The President also has indicated his inten- RACY AND CIVIL SOCIETY IN DE- remains one of the largest recipients of U.S. tion to speed the return of East Timorese refu- MOCRACY aid. That aid should be ended, Mr. Speaker. gees to their home. It is estimated that some Perhaps then India will understand that it must 180,000 refugees from East Timor remain in HON. TOM LANTOS respect human rights. Indonesian-controlled western Timor, but they OF CALIFORNIA We should also make clear our strong sup- have been unable or unwilling to return be- IN THE HOUSE OF REPRESENTATIVES port for the movement of self-determination for cause of fear for their lives. The President's Tuesday, November 16, 1999 the minority peoples and nations of South intention to see the return of these refugees Asia, such as the Sikh homeland of Punjab, Mr. LANTOS. Mr. Speaker, this past week reflects his pragmatic and principled interest in Khalistan; the heavily-Muslim Kashmir; and His Excellency Abdurrahman Wahid, the newly resolving this difficult issue. Christian-majority Nagaland. Only by con- elected President of Indonesia, paid a brief President Wahid has also taken steps in the ducting a free and fair vote can real freedom visit to Washington, where he met with Presi- foreign policy area that reflect his desire to in- come to the peoples and nations of South dent Clinton and other officials of our govern- volve Indonesia more positively in the world. Asia. He has indicated his intention to establish ment. I call on the President to press these impor- This was an important visit, Mr. Speaker, trade relations with the State of Israel. Indo- tant issues when he visits India next year. because it reflected the desire to strengthen nesia is the world's largest Muslim nation, and This is the only way to bring real stability, Indonesia's relations with the United States. such a decision reflects a serious interest to peace, freedom, and dignity to South Asia. President WahidÐboth in private in conversa- change past practice in the face of consider- f tions with President Clinton and publicly in able opposition. President Wahid has the au- statements to the press and to friends of Indo- thority and credibility to make such a decision, IN TRIBUTE TO THE HONORABLE nesia who welcomed him to WashingtonÐaf- since his is a highly respected Muslim reli- THOMAS M. FOGLIETTA firmed Indonesia's desire, as he said ``to make gious leader. sure that we are still great friends of the Mr. Speaker, I invite my colleagues to join HON. FRANK R. WOLF United States.'' I am pleased that President me in welcoming the enlightened leadership of OF VIRGINIA Indonesia's new President. In the few short Clinton affirmed our friendship with Indonesia IN THE HOUSE OF REPRESENTATIVES and emphasized our interest in a stable, pros- weeks that he has been in office, he has perous, and democratic Indonesia. taken a number of important steps to strength- Tuesday, November 16, 1999 Mr. Speaker, I want to reaffirm my own en democracy, to improve economic condi- Mr. WOLF. Mr. Speaker, I want to bring to commitment to strengthening our nation's rela- tions, to restore the rule of law, and to deal our colleagues' attention news about our

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16NO8.018 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2397 former colleague, the Honorable Thomas M. to 75 security police pulled Kim and his wife, West Texas with a long and successful career Foglietta of Pennsylvania, who now serves as Lee Hee Ho, from the entourage and cor- at the Lubbock Avalanche-Journal. Having the U.S. ambassador to Italy. On November 9, ralled them toward an elevator worked his way up from sports writer to editor- Foglietta and others in the delegation, in- he was presented a South Korean human cluding U.S. Ambassador Robert White, were in-chief over a span of four decades, Mr. Burle rights award for supporting democracy and manhandled by police as Kim was carried Pettit has announced he will retire January 15. human rights in that country. away. Burle's reputation for fairness, his passion for The annual award was presented in Seoul, Kim endured this arrest as he had the oth- journalism and his love for the community, South Korea, by the Korean Institute for ers, and in 1997, after 40 years of protests, won high praise from A±J Publisher Mark Human Rights, founded in 1983 by South Ko- failed assassination attempts, six years in Nusbaum who said, ``When you think of what rean President Kim Dae-jung. Ambassador jail and 55 house arrests, Kim was sworn in an editor should be, you think of Burle Pettit.'' as president in South Korea’s first peaceful Foglietta established a relationship with Kim Fortunately for all of us in the Lubbock com- transition of power. Foglietta stood on the munity, Burle will still be a presence around Dae-jung in the mid-1980's when he served in stage as Kim took his oath. Congress. Kim was in exile in the United ‘‘When I stood at Kim’s inauguration, I re- the Avalanche-Journal in several ways. He States at that time. Ambassador Foglietta ac- membered that day when we were punched, plans to serve on the editorial board, provide companied him back to his beloved South kicked and bloodied,’’ said Foglietta, who general consultation, and continue writing his Korea and the two were assaulted at the air- over the years has helped Kim with cam- well-loved columns. Burle's influence will also port. paigns and democratic reforms. ‘‘I guess I al- be felt in the generation of journalists who This year, the City of Philadelphia presented ways knew he’d be president of South have worked under him, inspired by his strong Korea.’’ its prestigious Liberty Medal to President Kim. work ethic and reliance on accuracy. Last July, at Foglietta’s urging, Kim was I am grateful for the years of service Burle Ambassador Foglietta campaigned for almost awarded Philadelphia’s Liberty Medal during a decade to have this award made to Kim a ceremony at Independence Hall. has given to our communityÐnot only through his hard work on the paper, but also to the or- Dae-jung. f Mr. Speaker, I submit for the RECORD a re- ganizations he has supported with his time, cent article from The Philadelphia Inquirer THE 66TH ANNIVERSARY OF THE such as the South Plains Food Bank, the about this award. UKRAINIAN FAMINE March of Dimes, the Salvation Army, and the We offer our congratulations to our former Monterey Optimist Club. On behalf of his many readers in West colleague. HON. SANDER M. LEVIN Texas, I wish Mr. Burle Pettit a relaxing and [From the Philadelphia Inquirer, Nov. 2, OF MICHIGAN rewarding retirement. 1999] IN THE HOUSE OF REPRESENTATIVES f FOGLIETTA TO GET RIGHTS AWARD IN S. Tuesday, November 16, 1999 KOREA—THE AMBASSADOR TO ITALY WILL INTRODUCTION OF INDIAN Mr. LEVIN. Mr. Speaker, I rise today to BE HONORED FOR SUPPORTING DEMOCRACY IN HEALTH CARE IMPROVEMENT commemorate the 66th anniversary of the THAT ASIAN NATION ACT REAUTHORIZATION (By Jeffrey Fleishman) Ukrainian Famine of 1932 to 1933, a tragedy that claimed the lives of at least seven million ROME—U.S. Ambassador Thomas M. Fogli- HON. GEORGE MILLER etta will receive a South Korean human- Ukrainians. OF CALIFORNIA rights award next week for supporting de- Too often, we have seen the horrors of fam- mocracy in a country where he was beaten 15 ine in all parts of the world. Famine usually IN THE HOUSE OF REPRESENTATIVES years ago as he traveled with a leading polit- brought about by prolonged wars, droughts, Tuesday, November 16, 1999 ical dissident. floods or other natural occurrences. Rarely Mr. GEORGE MILLER of California. Mr. The dissident, Kim Dae Jung, is now South have we seen such famine brought on by the Korea’s president. The award from the Ko- Speaker, today I am joined by 26 of our col- repressive actions of a government. leagues in introducing the Indian Health Care rean Institute for Human Rights—to be pre- In 1932 to 1933, leaders of the former So- sented Nov. 9 in Seoul—is a testament to a Improvement Act reauthorization legislation. friendship that endured through a long bat- viet Union used food as a weapon against the The Indian Health Care Improvement Act tle against dictatorships and corrupt poli- innocent people of Ukraine. Seeking to punish which provides for the delivery of health serv- tics. Ukraine for its opposition to Soviet policies of ices of American Indians and Alaska Natives ‘‘Knowing Kim has been one of the high forced collectivization of agriculture and indus- throughout the nation will expire at the end of points of my life. He has been one of my trialization, Joseph Stalin unleashed the horror fiscal year 2000. Since its enactment in 1976, great teachers,’’ said Foglietta, the former of the Ukrainian Famine on the people of Philadelphia congressman who is now am- the act has resulted in a reduction in serious Ukraine. Estimates of the number of innocent illnesses and healthier Native American births. bassador to Italy. ‘‘Kim has always been so men, women and children who died reach determined to bring democracy to his coun- The unmet health needs among American try. This award is a great honor for me.’’ over 7 million, and even today the Ukrainian Indians and Alaska Natives continues to be Kim and Foglietta met in November of 1984 population has not yet fully recovered. staggering with their health status for below when Kim was a political exile receiving This year marks the 66th year since this that of the rest of the United States popu- medical treatment in the United States. Be- man-made, artificial famine in Ukraine. I rise lation. When compared to all races in the fore leaving South Korea, Kim had been im- today, as a co-chair of the Congressional United States, Indian people suffer a death prisoned and tortured for years and was re- Ukrainian Caucus, to join in commemorating rate that is: 627 percent higher from alco- viled by the government of Chun Doo Wan, with the Ukrainian-American community the holism; 533 percent higher from tuberculosis; an army general who had seized power in tragedy of 66 years ago. 1 249 percent higher from diabetes; and 71 per- 1979. During a 3 ⁄2-hour meeting, Kim told The Ukrainian community's main commemo- Foglietta that he wanted to return to his cent higher from pneumonia and influenza. country. rative observance will be held on Saturday, The bill I introduce today represents, for the Fearful of assassination, he asked Fogli- November 20, 1999 in St. Patrick's Cathedral first time, Indian country's proposal, ``Speaking etta to accompany him. with a solemn procession along New York's With One Voice.'' Throughout the past year ‘‘My first thought was that the military avenues and a requiem service. the Indian Health Service held regional meet- regime would try to kill Kim upon his re- We must honor the memory of all those who ings across the United States gathering infor- turn,’’ said Foglietta. ‘‘It was only months perished and never let such a tragedy happen earlier that [opposition leader] Benigno mation and consulting with health care pro- again. viders, Indian tribes, tribal organizations and Aquino was assassinated when he returned to f the Philippines. I told Kim this and he said, urban Indian organizations on how best the ‘‘They won’t try anything if you go with me.’ BURLE PETTIT TO RETIRE AFTER unique needs faced by Indian health delivery I called the television networks. I told them ILLUSTRIOUS 40 YEAR CAREER systems could be addressed. Following these to be in Seoul at this time and date. I figured meetings a national steering committee made the Korean government wouldn’t harm Kim HON. LARRY COMBEST up of tribal leaders from each of the Indian in front of TV cameras.‘‘ Health Service (IHS) areas plus a representa- On Feb. 8, 1985, Kim, Foglietta and a small OF TEXAS tive of urban Indians was established. The na- American delegation, including television IN THE HOUSE OF REPRESENTATIVES tional steering committee drafted legislation crews, arrived at Seoul’s Kimpo Airport. Tuesday, November 16, 1999 Military police had blocked roads, pre- and held numerous meetings to receive addi- venting thousands of Kim’s supporters from Mr. COMBEST. Mr. Speaker, I rise today to tional tribal views and incorporate them into a reaching the airport. Inside the terminal, 50 recognize a man who has made his mark in consensus document.

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A16NO8.020 pfrm04 PsN: E16PT1 E2398 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 The legislation is focused on the national INTRODUCTION OF H. CON. RES. 209 It is simply beyond my comprehension that needs and includes very few tribal specific au- CONDEMNING THE USE OF CHILD the same ConventionÐwhich otherwise pro- thorizations. Several of the programs normally SOLDIERS AND CALLING FOR tects children in a comprehensive mannerÐ administered by the Indian Health Service U.S. SUPPORT FOR AN INTER- makes an age exception in Article 38(3) for headquarters would be decentralized under NATIONAL AGREEMENT AGAINST the most dangerous profession in the world, this legislation with more funds distributed to THE USE OF CHILD SOLDIERS that of soldier: ``States Parties shall refrain IHS area offices to address local priorities. from recruiting any person who has not at- The bill also includes important health care HON. TOM LANTOS tained the age of fifteen years into their armed training and recruitment provisions to assist OF CALIFORNIA forces. In recruiting among those persons who with the chronic shortage of qualified health IN THE HOUSE OF REPRESENTATIVES have attained the age of fifteen years but who care providers. Additionally, the bill is de- Tuesday, November 16, 1999 have not attained the age of eighteen years, signed to work cooperatively with contracting States Parties shall endeavor to give priority to and compacting provisions under the Indian Mr. LANTOS. Mr. Speaker, I recently intro- those who are oldest.'' Self Determination and Education Assistance duced House Concurrent Resolution 209, a bi- In light of the global developments I have Act. partisan resolution which strongly condemns outlined, the U.N. Working Group seeks to the outrageous use of child soldiers around I am introducing this important legislation at raise the minimum age for recruitment and the world and calls on our government to sup- participation in armed conflict from 15 to 18 the request of the national steering committee port an international effort to develop an op- on the Reauthorization of the Indian Health years of age, but the U.S. delegation to the tional protocol to the U.N. Convention on the Working Group so far opposes this over- Care Improvement Act. All the important com- Rights of the Child. whelming international consensus, preventing ponent of Indian health care delivery are ad- This resolutionÐwhich is currently cospon- a unanimous draft protocol. dressed in this bill including access to, and sored by over 40 of our distinguished col- On October 29, 1998, this international con- care for, diabetes, prenatal care, ambulatory leaguesÐis based on the deeply disturbing sensus resulted in the decision by United Na- care, alcohol and substance abuse, mental testimony of numerous expert witnesses be- tions Secretary General Kofi Annan to set a health, coronary care, and child sexual abuse. fore the Congressional Human Rights Caucus. Certainly, there will be changes made to the They reported the most horrific practices in- minimum age requirement of 18 for Untied Na- bill as it proceeds through the legislative proc- cluding the forcible conscription of childrenÐ tions peacekeeping personnel made available ess, but this bill provides a solid basis for us some as young as 7 years oldÐfor use as by member nations of the United Nations. On to work from. combatants in armed conflicts around the the occasion of the unanimous adoption of Resolution 1261 (1999) on August 25, 1999 I commend the hard work and dedication of world. As we speak, children are being con- scripted into armies of some countries and by the U.N. Security Council condemning the all the members of the national steering com- use of children in armed conflict, Special Rep- mittee and those within the Indian Health warring factions through kidnaping and coer- cion, while others join out of economic neces- resentative of the Secretary General for Chil- Service who helped produce this legislation. dren and Armed Conflict, Olara Otunnu, ad- For far too long Native Americans have put up sity, the intention to avenge the loss of a fam- ily member, or for their own personal safety. dressed the Security Council. The Special with inferior health care. I will push for swift Representative urged the adoption of a global consideration of this bill and ask all my col- Many times, these children are forced to kill in the most sadistic and gruesome fashion, three-pronged approach to combat the use of leagues to join me in passing legislation to en- children in armed conflict including the raising sure that our first Americans are afforded only their victims often other children or even their own family or friends. By forcing children to of the age limit for recruitment and participa- the best health care this nation can offer. We tion in armed conflict from the present age of have the responsibility to accept nothing less. perpetrate the most horrific crimes against their own families ensures that these child sol- 15 to 18 years; increased international pres- sure against armed groups which abuse chil- f diers cannot desert and can never return home. dren; and addressing political, social, and eco- TRIBUTE TO CLIFFORD STONE, JR. Mr. Speaker, our resolution clearly exposes nomic factors which create an environment the full scope of the problem of child soldiers. where children become soldiers. As it notes, experts estimate that in 1999 ap- Mr. Speaker, the international consensus is HON. SCOTT McINNIS proximately 300,000 individuals under the age clear, and our government should not stand in of 18 are participating in armed conflict in the way of this consensus. Our government OF COLORADO more than 30 countries around the world, and should not give unintentional cover to nations IN THE HOUSE OF REPRESENTATIVES hundreds of thousands more are at risk of with deplorable human rights records by giving being conscripted. The practice of conscripting them an opportunity to hide behind the current Tuesday, November 16, 1999 children has resulted in the deaths of two mil- U.S. position on this issue. While the U.S. ac- Mr. MCINNIS. Mr. Speaker, today I would lion minors in the last decade alone. In addi- cepts 17-year-old volunteers into its armed like to honor Clifford Stone, Jr. for his hard tion to those children who have been killed, an forces with parental consent, U.S. armed work serving seniors throughout Jefferson and estimated six million have been seriously in- forces de facto already ensure that all but a Gilpin Counties in central Colorado. After jured or permanently disabled. Let there be no negligible fraction of recruits have reached the working in the private sector as a lawyer for mistake, Mr. Speaker, this truly global problem age of 18 before being deployed in combat sit- over 40 years, Clifford retired. But instead of needs a global solution which can only be uations, because 17-year-old volunteers are in retiring, Clifford chose to help senior citizens brought about by determined and concerned the ``training pipeline'' and do not complete navigate their way through the sometimes action of the world community. their training until they are 18 years of age. confusing world of law. By running the First For this purpose, the United Nations estab- Mr. Speaker, I ask that the text of H. Con. Judicial District Bar Association Legal Assist- lished a working group in 1994 to develop an Res. 209 be inserted at this point in the CON- ance Program, Clifford has helped countless Optional Protocol to the Convention on the GRESSIONAL RECORD. Rights of the Child to address the issue of seniors with many legal problems. HOUSE CONCURRENT RESOLUTION 209 child soldiers. The United States and Somalia, Expressing condemnation of the use of Clifford and the Program have been a bea- a country without a functioning government, con of hope throughout Gilpin and Jefferson children as soldiers and the belief that the are the only two recognized countries in the United States should support and, where pos- Counties. The Program has had to handle the world which have not ratified this Convention. changing needs of seniors from legal ques- sible, lead efforts to establish and enforce Therefore, the U.S. cannot even be a party to international standards designed to end this tions involving estate planning to grand- this Optional Protocol. The Convention on the abuse of human rights. parents' rights. The Program is a non±profit Rights of the Child, which establishes very Whereas in 1999 approximately 300,000 indi- organization and is available to anyone who is stringent and necessary protections with re- viduals under the age of 18 are participating 55 years of age or older. gard to educational, labor and developmental in armed conflict in more than 30 countries It is with this, Mr. Speaker, that I say thank provisions, gives the world ``child'' the fol- worldwide and hundreds of thousands more you to Clifford and all of the people that make are at risk of being conscripted at any given lowing meaning in Article 1: ``For the purposes moment; the First Judicial District Bar Association Legal of the present Convention, a child means Whereas many of these children are forc- Assistance Program such a positive commu- every human being below the age of eighteen ibly conscripted through kidnaping or coer- nity resource. Due to Mr. Stone's dedicated years unless under the law applicable to the cion, while others join military units due to service, Colorado is a better place. child, majority in attained earlier.'' economic necessity, to avenge the loss of a

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.024 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2399 family member, or for their own personal to child soldiers has opposed efforts to raise support for Colorado's chapter of Big Brothers safety; the minimum age of participation in armed Big Sisters. Whereas many military commanders fre- conflict to the age of 18 despite the support The Bailey Company's efforts have included quently force child soldiers to commit grue- of an overwhelming majority of countries: several fundraising and volunteer activities for some acts of ritual killings or torture Now, therefore, be it over 15 years. In 1998, the company entered against their enemies, including against Resolved by the House of Representatives other children; (the Senate concurring), That— into an agreement with the Colorado Rockies Whereas many military commanders sepa- (1) the Congress joins the international of the National League featuring two Rockies rate children from their families in order to community in condemning the use of chil- players on plastic soft drink cups. Selling foster dependence on military units and lead- dren as soldiers by governmental and non– drinks at 25 cents over the standard price, the ers, leaving children vulnerable to manipula- governmental armed forces worldwide; and Bailey Company collected over $38,000 and tion, deep traumatization, and in need of (2) it is the sense of the Congress that— donated the dollars directly to Big Brothers Big psychological counseling and rehabilitation; (A) the United States should not oppose Sisters. This summer, they signed on with Whereas child soldiers are exposed to haz- current efforts to negotiate an optional Arby's first ``Charity Tour Golf Tournament.'' ardous conditions and risk physical injuries, international agreement to raise the inter- sexually transmitted diseases, malnutrition, national minimum age for military service This endeavor raised over $200,000 for Big deformed backs and shoulders from carrying to the age of 18; Brothers Big Sisters through tournament fees, overweight loads, and respiratory and skin (B) the Secretary of State should address promotional events, coupon-book sales, a infections; positively and expediently this issue in the Rockies game and auctions. Whereas many young female soldiers face next session of the United Nations working The Bailey Company's General Manager the additional psychological and physical group relating to child soldiers before this Geoff Bailey, and numerous employees, have horrors of rape and sexual abuse, being process is abandoned by the international made support of Big Brothers Big Sisters their enslaved for sexual purposes by militia com- community; and mission. They have been a national corporate manders, and forced to endure severe social (C) the President and the Congress should sponsor and are Colorado's largest corporate stigma should they return home; work together to enact a law that estab- Whereas children in northern Uganda con- lishes a fund for the rehabilitation and re- sponsor. In addition to raising funds, they tinue to be kidnaped by the Lords Resistance integration into society of child soldiers. have raised awareness of the valuable pro- Army (LRA) which is supported and funded grams of Big Brothers Big Sisters, and have by the Government of Sudan and which has f provided leadership through board member- committed and continues to commit gross HUGH AND LOUISE DENTON ship and scholarships contributions. human rights violations in Uganda; It is for these reasons I rise today to honor Whereas children in Sri Lanka have been the Bailey Company. I hold them up to the forcibly recruited by the opposition Tamil HON. BOB BARR House as an example of the best of America's Tigers movement and forced to kill or be OF GEORGIA killed in the armed conflict in that country; business. The Bailey family and employees IN THE HOUSE OF REPRESENTATIVES Whereas an estimated 7,000 child soldiers exemplify the industrious spirit and community have been involved in the conflict in Sierra Tuesday, November 16, 1999 involvement that made America great. Leone, some as young as age 10, with many Mr. BARR of Georgia. Mr. Speaker, in to- f being forced to commit extrajudicial execu- tions, torture, rape, and amputations for the day's fast moving economy, many people THE MAGNIFICENT PEARLIE rebel Revolutionary United Front; think it is entirely normal to hold 10 different EVANS Whereas the international community is jobs over the course of their working life. Obvi- developing a consensus on how to most effec- ously, the people who think this way have not HON. WILLIAM (BILL) CLAY tively address the problem, and toward this met Hugh and Louise Denton. Hugh and Lou- OF MISSOURI end, the United Nations has established a ise met at Archer's Drug Store in LaFayette, IN THE HOUSE OF REPRESENTATIVES working group to negotiate an optional where Hugh was working behind the soda international agreement on child soldiers Tuesday, November 16, 1999 fountain. They were married 2 years later, in which would raise the legal age of recruit- Mr. CLAY. Mr. Speaker, in December 1998 ment and participation in armed conflict to 1951. age 18; In December of this year, Hugh and Louise my right hand retired. My St. Louis District Di- Whereas on October 29, 1998, United Na- will reach a combined total of 100 years of rector, Pearlie Evans withdrew from office life tions Secretary General Kofi Annan set min- hard work at Mount Vernon Mills in Trion, GA. after a long and distinguished career in gov- imum age requirements for United Nations Hugh began his career as a helper in the lab- ernment service. I know Pearlie cherished her peacekeeping personnel that are made avail- oratory, and has since worked his way to the many years on my staff almost as much as I able by member nations of the United Na- position of lab floor manager. Louise started cherished her able and devoted service. I also tions; as a turner in the glove mill, and has now be- believe Pearlie Evans has enjoyed her first Whereas United Nations Under–Secretary year of retirement nearly as much as her co- General for Peacekeeping, Bernard Miyet, come a typist. Hugh has worked for the mill announced in the Fourth Committee of the for 48 years, and Louise has been there for workers and I have missed her daily presence. General Assembly that contributing govern- 52. Mr. Speaker, by all accounts, Pearlie Evans ments of member nations were asked not to Even the plant where Hugh and Louise work is an outstanding St. Louisan whose contribu- send civilian police and military observers is a symbol of steady and important economic tions to our community may be never-ending. under the age of 25, and that troops in na- contributions. With a history dating back to As the occasion of the anniversary of her re- tional contingents should preferably be at 1845, Mount Vernon Mills is the oldest con- tirement from my office is approaching, I least 21 years of age but in no case should would like to take the opportunity to share with they be younger than 18 years of age; tinuing textile operation in one site in the en- tire State of Georgia. In a time when jobs and my colleagues the following story, which ap- Whereas on August 25, 1999, the United Na- peared in A Magazine (August 1999) about tions Security Council unanimously passed families change more often than winter weath- the life and times of the magnificent Pearlie Resolution 1261 (1999) condemning the use of er, Hugh and Louise Denton are a model of Evans. children in armed conflicts; steadfast devotion to family, job and commu- Whereas in addressing the Security Coun- nity, for all of us. [From A Magazine, Aug. 1999] cil, the Special Representative of the Sec- PEARLIE—A MOVER AND SHAKER f retary General for Children and Armed Con- She’s a mover and shaker. Here, in St. flict, Olara Otunnu, urged the adoption of a HONORING THE BAILEY COMPANY Louis, Jefferson City, Washington D.C. Ev- global three-pronged approach to combat the erywhere she goes. Often honored as one who use of children in armed conflict: first, to continually gives back to her community, raise the age limit for recruitment and par- HON. BOB SCHAFFER she now has 40 plus awards, certificates, and ticipation in armed conflict from the present OF COLORADO plaques that reflect 26 years of dedicated age of 15 to the age of 18; second, to increase IN THE HOUSE OF REPRESENTATIVES service during her tenure as district assist- international pressure on armed groups ant to Congressman Clay of the first con- which currently abuse children; and third, to Tuesday, November 16, 1999 gressional district. She is someone who has address the political, social, and economic Mr. SCHAFFER. Mr. Speaker, I rise today never stopped giving. She is the magnificent factors which create an environment where to honor the Bailey Company, an Arby's Roast Pearlie Evans. When you step in her private children are induced by appeal of ideology or domain, all you see are turtles, turtles and by socioeconomic collapse to become child Beef Restaurant franchisee in Colorado, of 62 more turtles. Ceramic turtles, plastic tur- soldiers; and restaurants and over 1,000 employees, for tles, fluffy turtles, stuffed turtles, multicol- Whereas the United States delegation to business excellence and commitment to public ored turtles, handmade turtles, etc. . . . tur- the United Nations working group relating service. This commitment has translated into tles. I attempted to count them but each

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K16NO8.011 pfrm04 PsN: E16PT1 E2400 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 time, I would lose count. Turtles, like her- himself. She shared the story about the time ship and Research Fund, member of the WEB self, are living creatures, who are not afraid the KKK was planning to kill grandpa Jack- DuBois Board of Directors, was the local to stick their necks out she said, as she son and his family in order to steal their Alpha Kappa Alpha Member of the Year and spoke in remembrance of the time she and land. Evans said grandpa Ingram paid for Life Member and was selected for the Ivy journalism icon (the late) Betty Lee, went to four horses and a wagon so grandpa Jack- Wall of Fame at National Headquarters, Chi- Mississippi for the first year anniversary of son’s family could be escorted to safety via a cago, Illinois. She is now a 50 Year (Golden) Medgar Evers’ assassination. route much similar to that of an under- Member of the Alpha Kappa Alpha Sorority. She reared back and glared at the ceiling. ground railroad. The NAACP also partici- Mrs. Evans has been active in numerous Her eyes were full of laughter as she reached pated by covering up her mom and other professional organizations, boards, and com- out her hands as if to grasp the memory out family members with hay in an effort to help mittees. A few are the Academy of Certified of the air of how they all had to lay on the the family escape from the Ku Klux Klan’s Social Workers (ACSW), National Associa- car floor during the entire ride to Evers’ methods of terror. Undoubtedly, both sides tion of Black Social Workers (NABSW), brother’s house. of the family are loyal to this historic civil NAACP Life Member, the United Negro Col- The town white folk were following behind rights organization unto this very day, says lege Fund, the Dr. Martin Luther King Holi- them and shooting at the car. As the memo- Evans. This was not the first time someone day Committee, and the Regional Coordi- ries began to unfold, so did the history of a from the Jackson lineage was subjected to nator of the Push/Rainbow Coalition of the woman who was proud not only of her polit- impromptu behavior as a means to escape Reverend Jesse Jackson, Sr. Mrs. Evans has ical and civil accomplishments, but even slavery. About three generations ago, aunt received numerous civic and professional more, of the blessed privilege of knowing the Molly, a great aunt of Evans, chose to jump awards, including the Lifetime Achievement family legacy from which she had come. ship rather than come to America as a slave. Award from Better Family Life; the Polit- With pride and gratitude she boasted with Aunt Molly was the sister of Mary, who ical Leadership Award from the Young pleasure about her father’s dad, grandpa begot Kate (grandpa jack’s wife) and was fol- Democrats of St. Louis; the Humanitarian of Ingram. Says Evans, I love the story of the lowed by Donna who mothered Pearlie. By the Year Award from the Martin Luther Ingram folk. She’s a mover and a shaker. the time grandpa Jack was born (1865) and King Support Group; the National Associa- Here, in St. Louis, Jefferson city, Wash- had died (1949) he had fathered 17 children. tion of Black Social Workers African Fidel- ington D.C., everywhere. A folk, she de- Financially, the Jacksons were not as well ity Award (St. Louis Chapter); The 1st Gwen scribed, as being of good stock. She was re- off as the Ingrams, Evans expressed as she B. Giles Award from the Missouri Legislative minded of this fact ever since she was about shared a family portrait. Thought, this fam- Black Caucus; the Distinguished Alumni three years old. Also embedded in her heart ily had very little money, they too, seemed Award from the George Warren Brown were four generations of Ingram history rich in the knowledge of their family his- School of Social Work; and the Distinguished whose roots trace back to a tall, herdsman tory. It was grandma Jackson who gave Service Award from the National Council of people known as the Fulani tribe. A most Negro Women. She has received certificates Evans most of the Jackson family’s oral his- cherished memory of her original homeland of appreciation for leadership and commu- tory. She told her that her own father was was when she first visited the tribe in 1970. nity service from many organizations includ- not a slave but a free man who lived and Evans said the resemblance was such that ing the St. Louis Job Corps Center, the worked as a railroad porter up north. He had she was thought to be African by other mem- YWCA, and the William L. Clay Scholarship often kept a written record of the Jackson bers of the Fulani tribe. She was imme- and Research Fund. Mrs. Evans has traveled family history. Evans remembered her Aunt diately recognized by the village mother who extensively and participated in many inter- Minnie, who lived to be a ripe 94 years old as seemed overwhelmed by Evans’ presence. national conferences and workshops. In the sort of the family coordinator. She was also The village mother immediately took Evans’ early seventies, she was a Consultant for told about aunt Amanda who married a into her arms and commenced to cuddle her. Rutgers University Forum for International Cuban and left the country, never to be seen She held, hugged and rocked her as tears Studies in Accra, Ghana. Some of her other again. According to family history, it was streamed down from her eyes. She was told cultural and educational travels include a her hatred for white folks that encouraged that all the Africans taken during the slave St. Louis Sister City Conference in Dakar her to leave the United States stated Ms. trade had been eaten by their captives. What and St. Louis, Senegal, West Africa, Wash- Evans. The last born of Grandpa Jack’s chil- a spiritual catharsis it was to see Pearlie ington Universitys China Cultural Triangle dren was Evan’s mom and the first was uncle Evans as final, living proof that this had not Tour, and the Lutheran Public Housing Vis- Henry. For all family members whose de- been the fate of her people. Like the Fulani, its to Paris, London, Berlin, and other Euro- tailed stories are yet to be told, there are grandpa Ingram was also a herdsman. His pean cities. As a member of the African- black heritage pictures all along her walls produce included grapes, squash, pepper, American Cultural and Arts Network Orga- that definitely help fill the void. The atmos- green beans, beans, and various corn crops. A nization, she attended workshops in the phere reflects a sentiment that embraces well established businessman, originally Ivory Coast, Spain and Morocco, Egypt, Sal- much of the trial and tribulations that kept from Florence, Alabama, he also owned a vador, Bahia, and Rio De Janeiro, Brasil. both families together from one generation cafe called the Ingram restaurant. The cafe With the International Federation on Aging, to the next. It was Grandpa Ingram’s second probably would have had a different title if she attended the third annual conference in marriage to Mae Bell in the late 1920s which the family name had not changed after the Durban, South Africa, and Zimbabwe. began the generation of Ms. Evan’s dad, who emancipation proclamation. f Grandpa Ingraham wanted to remove the was the first of three children born from this slavery background from the family name so union. Mrs. Evans has been the District Assistant RECOGNIZING DISASTER RELIEF he changed their name from Ingraham to to Congressman William L. Clay since 1972. WORKERS Ingram, explained Evans. His parents, Rox- She attended Lincoln Elementary School anne and Thomas, however, were laid to rest and graduated from Vashon High School in under the name they were born with. Evans HON. SAM JOHNSON St. Louis. She received her B.A. Degree in boasted with dignity about grandpa Ingram OF TEXAS Sociology and Political Science from Lin- and his two brothers. The one, tragic inci- IN THE HOUSE OF REPRESENTATIVES coln University, Jefferson City, Missouri, dent that did occur, involved grandpa and her Master’s Degree of Social Work from Tuesday, November 16, 1999 Ingram’s first wife, Sarah. She died of as- Washington University, St. Louis, Missouri. Mr. SAM JOHNSON of Texas. Mr. Speaker, phyxiation in Alabama, during a house fire Her professional experience includes years which was started by the town’s Ku Klux of government and community service. She I would like to give special recognition before Klansman in the early 1920’s. Evans remem- has served as Commissioner of the Division Congress to the efforts of 88 young men who bered her grandpa describing when he first of Community Service, Housing Relocation provided extensive disaster relief services and met Sarah at a local community fair. She and Social Services for the Elderly, City of humanitarian aid to the people of San Pedro was the prettiest girl there he told Evans. St. Louis, Worker and Supervisor for the Sula, Honduras in the wake of Hurricane Even though her parents thought his skin United Church of Christ Neighborhood was too dark complected for their daughter, Mitch. Between November 1998 and April Houses, Fellowship Center and Plymouth 1999, these men aided in rescue operations, he was finally allowed to marry her in 1900. House directing children, adults, senior citi- From this union came one dark child, uncle zens, and community organization activities. distributed food and clothing, constructed Cornelius and one brown child, aunt Over the years, she has been a practicum housing for refugees, provided medical aid, Edmonia who, born in 1910, was the first col- instructor of Social Work at the George War- and coordinated the collection and distribution lege graduate of the Ingram family. ren Brown School of Social Work, Wash- of donated supplies from America, thus pro- Due to the financial success of the Ingram ington University since the early seventies moting hope, good will, and charity between Restaurant, they were able to provide a and the Missouri Coordinator for Voter Reg- the United States and Honduras. They should home for many poor kids by inviting them istration with Operation Big Vote. She has be commended for their sacrifice and commit- into their own home. Evans also talked also been a Democratic political activist for about Grandpa Ingram’s great compassion candidates at the local, state, and national ment to serve their follow man in a time of for grandpa Jack, who was her mother’s fa- levels. great need. ther. Grandpa Ingram loved grandpa Jack Mrs. Evans is a past President of the Board Levi Ackley, MN; Aaron Berg, Ontario; Na- because he was a hard working farmer like of Directors of the William L. Clay Scholar- than Beskow, OR; Evan Bjorn, OK; Adam

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.027 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2401 Blocker, FL; Caleb Boyette, FL; Michael TESTIMONY OF RICHARD A. were given, especially orders given in that Braband, MO; Rodian Cabeza, NY; David DELGAUDIO Just Cause, were proper and right, both for Carne, OR; Daniel Chiew, Singapore; James the interest of our country and for the long Clifford, Ontario; Fredrick Cohrs, WA; Ste- term interests of the people of Panama and ven Dankers, WI; Johathan De Haan, KY; Na- HON. BOB BARR the United States. than Downey, CA; OF GEORGIA And so it is with some trepidation that I Daniel Falkenstine, TX; Andrew Farley, IN THE HOUSE OF REPRESENTATIVES offer this testimony today, for I fear that if my warning, and the warning of my es- CA; Joseph Farley, CA; Steven Farrand, CO; Tuesday, November 16, 1999 David Fishback, Ontario; Benjamin Frost, teemed colleagues offering the Committee MN; Eric Fuhrman, MI; Ron Fuhrman, MI; Mr. BARR of Georgia. Mr. Speaker, I would testimony today, Admiral Thomas Moorer, Rob Gray, IN; Michael Hadden, GA; Richard like to submit for the RECORD the following USN (Ret.) Captain G. Russell Evans, USCG Hens, OH; Burton Herring, Jr., AL; William testimony offered in printed form to the United (Ret.) and Bruce Fein, Esq., is not heeded, Hicks, CA; Nathan Hoggatt, TX; Mario then a higher casualty rate will be suffered States Senate Armed Services Committee on by American servicemen in a future Oper- Huber, PA; October 22, 1999 by Richard A. Delgaudio. ation Just Cause to keep the Panama Canal Joshua Inman, OH; Jordan Jaeger, IA; Mr. Chairman, distinguished Senators, la- open, operational and secure. My focus in to- Anders Johansson, WA; Aaron Jongsma, On- dies and gentlemen, my name is Richard A. day’s testimony is on the question Senator tario; Justin King, MI; Jason Kingston, TX; Delgaudio, and I appreciate your taking the Trent Lott asked the Committee to focus on, Richard Knight, AR; David Kress, AL; Luke time today to review my testimony which I ‘‘Does Hutchison-Whampoa’s Chairman, bil- Kujacznski, MI; Jeremy Kuvik, NY; Joshua have been told will be recorded in the official lionaire Li Ka-shing, have ties to the Chinese Lachmann, IN; Mike Litteral, OH; Lucas transcript of today’s U.S. Senate Armed Communist Party, China’s People’s Libera- Long, WA; James Lovett, WA; Joshua Mac- Services Committee proceedings. As I submit tion Army, or Chinese intelligence activi- Donald, FL; this testimony, I place my hand on my ties.’’ Gerard Mandreger, MI; James Marsh, NC; Catholic bible and swear that this is the My testimony to the Senate Armed Serv- Timothy Mirecki, Ontario; Ben Monshor, MI; truth as I know it, and I dedicate these ices Committee is: yes, Li Ka-shing does Benjamin Moore, MS; Timothy Moye, GA; words to His name. have strong ties to the Chinese Communists. John Munsell, OH; Robert Nicolato, OH; I have served during the twelve years’ ex- Li Ka-shing is China’s Red billionaire, and he John Nix, MI; Joseph Nix, MI; Steve Nix, MI; istence of National Security Center as its has enabled his masters in Beijing to become Sean Pelletier, WA; Keon Pendergast, AR; President, have sponsored four fact-finding the new Gatekeeper of the Panama Canal. On Joshua Ramey, CA; Elisha Robinson, PA; trips to Panama and have personally partici- December 31 (or perhaps on December 14) of Bruce Rozeboom, MI; Eric Rozeboom, MI; pated in an additional four such trips. I have this year, China will, through Li Ka-shing, Gregg Rozeboom, MI; Mark Rozeboom, MI; done research on, have spoken before audi- be the uncontested, unchallenged, unwatched Jason Ruggles, MI; Jonathan Russel, CA; ences from one end of this country to the Gatekeeper of the Panama Canal. Further, David Servideo, VA; Chad Sikora, MI; Scott other, from Florida to New York to Wash- my testimony is: the government of the Stephens, MI; Kevin Stickler, NC; Nathanael ington, DC to California to Ohio to points in United States has known all along about Li Swanson, New Brunswick; Paul Tallent, NM; between, and have written and published ar- Ka-shing’s ties to Communist China, a self- John Tanner, MI; Josha Tanner, MI; ticles, newsletters and books on this topic. I proclaimed enemy of the United States, and have been on more than 100 radio talk shows has offered no resistance whatsoever to that Justin Tanner, MI; Joshua Thomas, OR; on this subject matter. I am the publisher of government’s now-successful move to con- Jefferson Turner, GA; Roy Van Cleve, WA; Captain G. Russell Evans’ Death Knell of the trol the entrance and exit ports of the Pan- Andrew Van Essen, Ontario; Christopher Panama Canal? and author of Peril in Pan- ama Canal. Veenstra, MI; James Volling, Ontario; Neil ama, both published by National Security The information that we have developed Waters, VA; Daniel Weathers, WA; Daniel Center, with a combined distribution of 1.2 about Li Ka-shing, China’s Red billionaire, is Weed, NY; Shane White, KY; Nathan Wil- million. I have published Panama Alert mostly available in the public record. Much liams, KS; John Yarger, CO; Chad Yordy, IN. newsletter for the past ten years. And I of it has been collected and reported in my coined a phrase you may have already heard, book, Peril in Panama. Li Ka-shing is much f and will be hearing more of in the future: more than the elusive Hong Kong billionaire China is the new ‘‘Gatekeeper’’ of the Pan- businessman that he has been portrayed as. TRIBUTE TO JANEY SILVER—1999 ama Canal. He has for many years also been one of the MANCOS VALLEY HONORARY I come before you today as an unabashed most trusted allies of the Communist Chi- nese, well before they took over Hong Kong, CITIZEN OF THE YEAR critic of the current policy of the United States towards Panama. I come before you in his base of operations. full agreement with the warning one year Li Ka-shing’s influence is quiet, behind the scenes and decisive. Shortly after his com- ago of Admiral Thomas Moorer, USN (Ret.) HON. SCOTT McINNIS pany took over in the Bahamas, that country before the Senate Foreign Relations Com- withdrew its recognition of Free China and OF COLORADO mittee. Admiral Moorer testified that unless recognized Communist China. Do the Sen- the current U.S. policy towards Panama is IN THE HOUSE OF REPRESENTATIVES ators believe in such coincidences? changed, then there could be ‘‘big trouble’’ Tuesday, November 16, 1999 Li Ka-shing’s relationship with the rulers in Panama, trouble that could lead to a mili- of the Peoples Republic of China goes back tary confrontation. to the 1970’s with Deng Xioaping. When Li Mr. MCINNIS. Mr. Speaker, I wanted to take I had earnestly desired to give you this tes- a moment to recognize an exceptional woman. Ka-shing received an honorary degree from timony in person today, and also to person- Beijing University, on April 28, 1992, it was Janey Silver was named Mancos Valley Hon- ally present to the Committee the quarter of orary Citizen of the Year for the year 1999. handed to him by none other than Jian a million signed petitions from Americans Zemin, the current dictator of the PRC. The Honorary Citizen of the Year award rec- from all across the land who are very con- Why such an honor for Li Ka-shing? Sim- ognizes outstanding citizens who are not resi- cerned about current U.S. policy and pray ple. In the words of Anthony B. Chan (Li Ka- dents of the community for their service and that you see fit to reverse it. shing: Hong Kong’s Elusive Billionaire), ‘‘Li commitment to the Mancos Valley. As Senators know, there have been occa- was the vital go-between that the geriatric sions in the history of the relationship be- Janey has spent over half of her life with bosses of Beijing needed to firm up the sup- tween Panama and the United States, in port of Hong Kong’s other leading merchants children in the Mancos community. Com- which American Presidents have felt it nec- in the smooth recovery of the colony to muting from Durango, Janey often arrives to essary to put our boys into harms way at the China in 1997.’’ work before 7 a.m. and stays late after work Panama Canal to defend the national secu- Li was very useful to the PRC in the take- to coach the youth athletic organizations. rity interest of the United States. Some of over of Hong Kong. He was always loyal to Janey loves her job, and it shows. She takes those boys paid the ultimate price for fol- their cause, never critical. For example: ‘‘I lowing their orders and doing their duty. was of course saddened (by the Tiananmen on many roles as a teacher, counselor, friend, Two dozen in Operation Just Cause, not very and role model for many. Repeatedly, Janey massacre). But as a Chinese, China is my long ago. National Security Center will, motherland. No matter what happened, I am has gone above and beyond the call of duty. within the next three weeks, be publishing a still willing to work for the future of my After the spring of 2000, Janey will take a Panama Canal Calendar 2000 which cites country.’’ much deserved retirement. Undoubtedly, she other dates where U.S. servicemen put their Senators need to understand fully, that will be greatly missed. She has touched the lives on the line in Panama. these are Li Ka-shing’s words giving the lie I cannot believe that those American sol- lives of many young Americans in the Mancos to those who say he is simply a Hong Kong diers, airmen, sailors and marines who died, billionaire: ‘‘As a Chinese, China is my Valley throughout her career. So, it is with who returned home wounded, and all those motherland’’ (page 5, Li Ka-shing book). this, Mr. Speaker, that I congratulate her on who served, did this service for their coun- If he were just another Hong Kong busi- this magnificent distinction and thank her for try, following the orders of mistaken Presi- nessman, how did Li Ka-shing, in 1979, be- her selfless dedication. dents. I firmly believe that those orders they come a member of the China International

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.031 pfrm04 PsN: E16PT1 E2402 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 Trust and Investment Corporation (CITIC)? China confrontation or any type of emer- mobile-phone business with the recent in- CITIC is Communist China’s top investment gency where United States troops, supplies vestment of nearly $1 billion into Voice arm and the bank of the People’s Liberation and jet fuel are being rushed through the Stream Wireless.’’ Army. CITIC provides financing for Chinese Panama Canal, will he say ‘‘Yes, I believe in ‘‘Li is so close to the Chinese government army weapons sales and finances the pur- what they say?’’ that the Clinton White House included his chase of Western technology through a vari- Senators may suppose that some successful bio along with Chinese President Jiang ety of fronts. Li will of course deny that his businessmen put the interest of their busi- Zemin to the CEO of Loral Aerospace, Ber- membership in the PRC’s top government in- ness ahead of anything else, including na- nard Schwartz, just prior to the 1994 Ron vestment arm meant he was allied with the tional interest. But putting the interest of Brown trade trip to Beijing. According to PRC. But that was his path to power. Li the PRC first has always been the best thing documents provided by the Commerce De- parleyed this association with Chinese power for the business of Li Ka-shing. Why would partment, Brown and Schwartz were to meet brokers into the purchase of a controlling Senators suppose that might change in the both Li and Gen. Shen Rougjun of share in Hutchison-Whampoa, which led to future, at the Panama Canal? CONSTIND.’’ (NetNewsDaily, 6/29/99). his becoming a billionaire. But let me provide more documentation. Senators, it does not take a lot of research If he were not in the PRC’s hip pocket, Li Ka-shing proudly serves as ‘‘an advisor to know what is going on in Panama with Li would Li Ka-shing be running their commer- on Hong Kong affairs to the Beijing govern- Ka-shing and Hutchison-Whampoa. Those in cial ports? Would he be running most of ment and has served on the Selection Com- the know in Panama are aware that the fu- south China’s sea born trade? A Journal of mittee that picked Tung Chee-hwa’’ as Hong ture of Panama is China, that hope for jobs Commerce report by Joe Studwell reported Kong’s new top boss (Asian Business). in the future is with China. They know that that Li Ka-shing has a ‘‘cozy relationship’’ I have a picture of Ronald Reagan hanging to criticize Li Ka-shing or Hutchison- with the Peoples Republic of China that is as proudly in my office. If Li Ka-shing is just a Whampoa in a country they dominate means ‘‘close as lips and teeth.’’ Li Ka-shing was Hong Kong businessman, why does he have a a problem finding work in the future. I found appointed a member of the Preparatory Com- picture of the PRC dictator, Jiang Zemin, this to be true whether I was speaking to mittee that oversaw Beijing’s takeover of hanging in his? (The Financial Times, 3/13/ high powered, well-connected, financially se- Hong Kong in 1997. Among other things, the 98). cure individuals such as Panama’s business- committee eliminated the recently elected Press reports say Li publicly mourned the men, lawyers, bankers, or down-to- earth sixty-person legislature, replacing it with death of PRC dictator Deng Xiaoping the day people who work with their hands and just puppets more helpful to the PRC. after he died (Agence France Presse, 2/20–21, want to feed their families and have a future There is ample evidence of the ties of Li 1997). for their children. If the United States is Ka-shing to Communist China. Here are sev- ‘‘The Chinese Communist leaders turned leaving and this Li Ka-shing is our future, eral, some reported in my book, Peril in Pan- for help to the benevolent figure of a Hong the thinking at all levels goes, then we’d ama: Kong property billionaire, Li Ka-shing.’’ best not criticize him. Li has ‘‘tried to secure CPPCC membership (Sunday Times, 6/30/96). So don’t go to Panama to have cocktails with the financially successful, the well con- (Chinese Peoples Political Consultative Con- Hutchison-Whampoa ‘‘is a partner with nected, the ruling power elite, and think ference) for his eldest son and heir apparent, China Ocean Shipping Company (COSCO) in you’ll find out about Hutchison-Whampoa Victor Li Tzar-Kuoi, to keep contacts with several enterprises in China and elsewhere in and Li Ka-shing. I urge the Armed Services the top brass in Beijing.’’ (Nikkei Weekly, 3/ Asia.’’ COSCO has long since been identified Committee and indeed the entire U.S. Con- 2/98). as an arm of the People’s Liberation Army, Nikkei Weekly reported that Li Ka-shing totally controlled by the communist govern- gress, to investigate carefully the past, present and the future plans of this Li Ka- ‘‘converted to the pro-China camp in the late ment of China. One United States Senator shing, China’s Red Billionaire. He is on the 1980’s’’ and was ‘‘helping Chinese companies advises constituents that he is very wary of verge of his greatest triumph for his masters affiliated with the People’s Liberation Army COSCO but does not see the same problem with Hutchinson-Whampoa. Why not? They in Beijing, at the Panama Canal. enter the Hong Kong market.’’ I hope and pray that Congress will see fit Senators are no doubt familiar with the are in the same bed, under the same blanket, not merely to have a few hours hearing and Cox Report from the other chamber, where and operators for the same cause. publish a transcript of the proceedings, but there is ample documentation to dem- An unidentified State Department spokes- to undertake a serious investigation of what onstrate to even the most skeptical how ap- man ‘‘noted that Hutchison has ventures in Asia with state-run China Ocean Shipping is afoot at the Panama Canal, and how in the parently private businesses are used by the world can the President say that his policy Company’’ (Journal of Commerce, 3/26/97). PRC as an arm of policy in countries like the is advancing the best interest of the United United States. Companies wanting to do business in China know who to cozy up to. USA Today (1/13/98) States? Li Ka-shing ‘‘posted congratulatory mes- I said at the start, that in my view, Li Ka- reported a company called Peregrine lever- sages’’ in a daily Hong Kong newspaper oper- shing and his Hutchison Whampoa company, aged ‘‘their close ties to Hong Kong billion- ated by the PRC after their takeover of the disguised in Panama as ‘‘Panama Ports Com- aire Li Ka-shing to gain the trust of Chinese city (Asian Political News, 10/13/97). pany’’ is a tool of Communist China. And I leaders.’’ When PRC leaders came to Hong Kong to said that I believe the government of the Proctor and Gamble’s chairman and CEO, oversee their takeover, their good and faith- United States has known about this all said ‘‘Hutchison has been and will continue ful servant, Li Ka-shing, rolled out the red along, and despite this advance knowledge, to be a valuable partner in building our busi- carpet (pardon the pun) for them. Naturally, has allowed this man, and thus his masters, ness in China.’’ (The Kentucky Post, 10/24/97). PRC leader Jiang Zemin stayed at one of Li’s to gain control of the entrance-exit ports of Li Ka-shing’s dealings with the PRC are hotels during the festivities. Many in the the Panama Canal. PRC delegation skipped official British din- quite extensive. Besides his Hong Kong deal- First of all, consider that virtually all of ner ceremonies to dine with Li at one of his ings—all at the sufferance of the government the information I have shared with Senators hotels. Li stood with Jiang Zemin in a place of Beijing, Li has financed several satellite in today’s testimony, has been available in of honor during handover ceremonies but, deals between the U.S. Hughes Corporation the public record, most of it prior to the Jan- skipped subsequent celebrations because ‘‘he and China Hong Kong Satellite, a company uary, 1997 date that Hutchison-Whampoa be- is a target for pro-democracy activists.’’ owned by the PLA’s COSTIND. Li has put come the Gatekeeper of the Panama Canal. (The Independent of London, 7/1/97). more than a billion dollars into China. He Further, the organization I serve as Presi- The Guardian of London (6/11/97) reported owns most of the piers in Hong Kong, has the dent, National Security Center, filed a Free- that Li and his PRC allies are so powerful exclusive right of first refusal of all PRC dom of Information Act Request nearly two ‘‘that even governments on the other side of ports south of the Yangtze River. years ago with the Central Intelligence the world must reckon with their clout. A We congratulate Senators who acted to Agency, after reading some of these reports, recent decision by the Bahamas to sever dip- block the PLA’s agent, COSCO, from gaining including one that said that our own CIA had lomatic ties with Beijing is widely thought control of the military port of Long Beach, a file showing the connections between Com- to have been motivated by concern over a California. But you might want to go back munist China and Li Ka-shing. newly opened port run by Hutchinson- and check your files a little further. You will I thought back then, when we filed that Whampoa, Ltd., a Hong Kong conglomerate find that it was Li Ka-shing who was in- Freedom of Information Act request to the controlled by Mr. Li, pro-China mogul.’’ volved in that deal up to his eyeballs, trying CIA, that the American people have a right If he had that much influence in the near- to help his friends and associates at COSCO to know whether their government handed by Bahamas, why would Senators suppose and the Chinese navy. Li Ka-shing’s son and this knife at the throat of the United States, the ‘‘pro-China mogul’’ would do any less in heir apparent, Victor Li Tzar-kuoi recently over to Red China on a silver platter? further-away and much more important Pan- boasted about another milestone for his and But I got back a letter from the Central In- ama? dad’s business operations, a $957 million deal. telligence Agency, and they didn’t agree Asian Business (3/97) reports on Li Ka- This is the PLA’s biggest investment yet in with me. They said, and I quote, ‘it is not in shing’s views on the PRC leadership: ‘‘Yes, I America. Li and his PLA partners, report the national security interest of the United strongly believe in what they say.’’ WorldNetDaily (6/29/99), have ‘‘bought their States to confirm or deny the existence of If Li Ka-shing is given the order to slow way in to the communications grid of north- the documents you have requested.’’ down, shut down, damage or even destroy the east America . . . Hutchison Telecom and the We pressed on. National Security Center Panama Canal in some future United States- PLA are now major players in the American filed an appeal. And a few months later, we

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.033 pfrm04 PsN: E16PT1 November 16, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2403 got a reply. The Review board, having care- policy enacted should be done with recogni- horrors of war. While Veterans' Day is first fully considered our request, had this to say: tion that the Constitution of the United about veterans, Mr. Speaker, it is also about ’’It is not in the national security interest of States empowers our Congress as a co-equal children. the United States, to confirm or deny the ex- branch of government with the President, It is the prayer of every veteran I know that istence of the documents you have re- not as his subordinate. As a co-equal, that quested.’’ means that acquiescence in the current pol- each American child may comprehend free- Senators, I conclude my testimony today, icy translates into responsibility for what is dom's price borne by millions of American sol- by suggesting to you that I have yet to hear happening, and for the disastrous catas- diers over the course of our 223-year history. any possible reason why it would not be in trophe that faces United States servicemen The liberty we enjoy today has always been the national security interest of the United who will be called upon to fix the problem at an expensive and sacred privilege. Conveying States for you and for the American people the price of their blood in the future. these precepts to America's youth is perhaps to learn the truth about Li Ka-shing and his Second, I suggest to Senators that any pol- the most profound way to honor all veterans. ties to Red China, the new Gatekeeper of the icy they enact should be done with recogni- Veterans also deserve a country committed Panama Canal. It is very important to the tion that the people of Panama are very in- national security interests of our country, terested in continuing to work with the to providing the benefits and assistance prom- with no threat to the sovereignty, freedom United States, provided we pay a fair rent ised in return for defending it. This year, Con- and future prosperity of our good friends in for military bases, provided we hire back gress made progress in reversing a troubling Panama who I respect and appreciate, if we workers who have served as well in the past trend of woefully underfunded veteran pro- all learned the truth about Li Ka-shing, and on a seniority basis and for fair compensa- grams. In my opinion it did not go far enough if the U.S. Congress forced a change in the tion. We should not be turning our backs on or raise the priority of veterans high enough to current policy of the United States at Pan- our friends in Panama and walking away counteract the years of neglect. ama. just because Bill Clinton wants to reenact Mr. Speaker, currently, the median age of I have reported in my book, about the Vietnam at Panama. If we suggest such a prospects for a new missile crisis in Panama. policy, if we respect the sovereignty, the America's World War II veterans is 77 years. China currently has added to its inventory of freedom, the economic needs of our friends More than 9 million veterans are 65 years of 18 ICBMS, the majority aimed our way. Sen- in Panama, if we make such an offer, in my age or older, accounting for over a third of the ators are aware that they have many more view, the political leadership of Panama will veteran population. short range and intermediate range nuclear yield to what the people of Panama want. We Like all aging Americans, these men and missiles—148 at last count, and growing. It is will have a future with U.S. servicemen help- women require medical and retirement serv- so farfetched to imagine some of those mis- ing keep the Panama Canal open, oper- ices, particularly those who sustained perma- siles being quietly put on container ships ational and safe into the future. nent and disabling injuries in the line of duty. and offloaded at the Hutchison-Whampoa In conclusion, I pray that Senators will port facilities? create a new policy for the U.S. at Panama, Resultant long-term medical treatment means These are the same people that managed to one in keeping with these sentiments of Sen- staggering medical bills and mounting insur- get 2,000 AK47 rifles smuggled into the ator Trent Lott, when he called upon Chair- ance fees. United States. The same people who are man Warner to convene today’s Senate After long years of service and patriotism, smuggling drugs (through their growing Red- Armed Services Committee hearings: ‘‘the veterans should be able to count on the rest China controlled gang connection to the transfer of control of the Panama Canal is of us for support. We owe them nothing less. FARC narco-guerrillas to the North in Co- one of the critical national security issues lombia) into Panama and illegals into Pan- As a Member of Congress, I remain wholly currently facing our nation and its impact committed to protecting the critical programs ama. Why not a couple dozen intermediate will be felt for many generations to come.’’ range and/or short range nuclear missiles? serving veterans and retired military members. Can you imagine the next ‘‘Cuban missile f In addition to cosponsoring several impor- crisis’’ taking place after the missiles have tant measures to ensure adequate Medicare HONORING AMERICA’S VETERANS all been set up? Or worse, after they have all coverage and increased retirement pay for been fired? veterans and military retirees, I helped pass This scenario has been confirmed as a pos- HON. BOB SCHAFFER sibility by Admiral Thomas Moorer, USN the Veteran's Millennium Care Act, which ex- (Ret.), and by a former commander of all OF COLORADO pands veterans' eligibility for health care, and U.S. ground forces in Panama, Major General IN THE HOUSE OF REPRESENTATIVES the services they receive. Mr. Speaker, this Richard Anson, both members of our Na- Tuesday, November 16, 1999 legislation reinforces new efforts to make cer- tional Security Center Retired Military Offi- tain veterans with severe, service-related dis- cers Advisory Board of 80 officers. Many Mr. SCHAFFER. Mr. Speaker, President abilities receive the long-term care they re- other retired officers have confirmed this Calvin Coolidge once said, ``The nation which quire. scenario for me. If the Peoples Republic of forgets its defenders will be itself forgotten.'' This year, Mr. Speaker, as the nation cele- China, through corporate agents such as Last week, Americans proudly celebrated the brates Veterans' Day, it is important to give COSCO and Hutchison-Whampoa aka Pan- last Veterans' Day of the century in honor of thanks and to take inspiration from the great ama Ports Company, decides to quietly move those brave men and women who so valiantly some short range and intermediate range nu- sacrifices of the brave men and women who clear missiles into Panama and set them up and selflessly served our great nation during have delivered our mighty nation. And in com- on wheels ready to fire on short notice at the times of peace, confrontation, and war. memorating the achievements of America's port facilities, the United States might not Americans owe its brave defenders a tre- veterans, we should all recommit our own even know this has happened—unless and mendous debt indeedÐone which will prob- lives, our fortunes, and our sacred honor to until they want us to know. ably never be fully understood by some, nor the maintenance of libertyÐjust as the vet- Other than bland reassurances by the same completely repaid by all. Veterans' Day should people who laughed at Ronald Reagan’s de- erans we now honor have so nobly done. reignite year-long gratitude for the sacrifices f mand, ‘‘Trust but Verify’’ during negotia- made in the name of the U.S.A. tions with Mr. Gorbachev, what can Senators offer concerned constituents? We live in a country unrivaled in terms of RECOGNIZING TORNADO RELIEF Senators, we desperately need a continued prosperity, liberty, security, and opportunity. WORKERS U.S. military presence in Panama. To chal- Every child born in America is embraced by a lenge Red China’s new role as Gatekeeper of nation blessed with the richest economy in the HON. SAM JOHNSON the Panama Canal. Or else within the next world, the highest regard for unalienable ten years, Chinese will be the new second OF TEXAS rights, and the most abundant personal free- IN THE HOUSE OF REPRESENTATIVES language of Panama, and our vital security dom in the history of human civilization. interests at Panama will be secure only at Tuesday, November 16, 1999 the sufferance of Communist China. The comfort, benefits and opportunity we all The people of Panama and the United enjoy, and often take for granted, do not exist Mr. SAM JOHNSON of Texas. Mr. Speaker, States have worked in harmony for nearly a but for America's veterans. Commending their I would like to commend 45 young men, fa- century, to keep the Panama Canal open, service is among our greatest national tradi- thers, and boys who invested their time and operational and secure. If President Clin- tions wherein we all recognize our very liberty effort to assist the citizens of Cincinnati, Ohio ton’s policy is allowed to stand, the Peoples has been preserved by their valor and cour- in recovering from a devastating tornado ear- Republic of China, through Li Ka-shing, Chi- age. lier this year. With hard work and diligence, na’s Red billionaire, will be the unchal- lenged, unwatched Gatekeeper of the Pan- The veterans' legacy, nearly six decades of and at their own expense, these men self- ama Canal. domestic tranquility, has ironically and unfortu- lessly served homeowners in clearing debris, I suggest to Senators a range of policy op- nately fostered an unmistakable complacency removing uprooted trees, and repairing roofs tions for immediate adoption. Foremost, any among an entire generation unfamiliar with the from April 16±30, 1999.

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.034 pfrm04 PsN: E16PT1 E2404 CONGRESSIONAL RECORD — Extensions of Remarks November 16, 1999 David Belanger, KY; Caleb Belanger, KY; Report, to tell us about a project his non- funded desalination project at Ashdod, but Jeff Bramhill, Ontario; Ryan Breese, IL; profit, Washington-based Center for Middle the contract was scrapped a few years later. Jason Brown, AL; Daniel Chiew, Singapore; East Peace and Economic Cooperation was Today, IDE reportedly holds a 30-percent Jonathan Crisp, OH; Jonathan De Haan, KY; advocating: The construction of a $300-mil- share of the world desalination market. The John Dixon, GA; James Dowd, OH; Thomas lion desalination plant at the Haderah power Israeli government is still not particularly Dowd, OH; Curtis Eaton, NC; Olof Ekstrom, station, and of a second, smaller plant in interested in its services. OR; Gaza, to help alleviate the chronic water Jeremy Forlines, OH; Jonathan Gunter, IN; shortage. In a recent interview in the Yediot Richard Hens, OH; Thomas Hogarty, VA; The Haderah plant alone, Owens said, Ahronot daily, IDE’S president and CEO Daniel Hough, IN; Kimberland Hough, IN; would provide a fifth of Israel’s domestic David Waxman offered, ‘‘as of tomorrow Stephen Hough, IN; Mario Huber, PA; Jared water needs. It could be up and running in morning,’’ to start building a major desali- Kempson, IN; Joshua Kempson, IN; three years. And it would not require Israeli nation plant for Israel. ‘‘We’re not looking Lindsay Kimbrough, IL; Justin King, MI; government funding. Rather, Owens was as- for government funding or private inves- Daniel Lewis, OH; James Lovett, WA; Greg- sembling a group of investors to fund it. All tors,’’ he said. ‘‘Our company will invest the ory Mangione, MI; Allen Martin, OH; Samuel he needed was a guarantee from the govern- Mills, TX; Timothy Moye, GA; Robert necessary $300 million. We’re sell the water ment that it would purchase the desalinated Nicolato, OH; Sean Pelletier, WA; Daniel Pe- to the government at a price lower than peo- water. ple pay now for the water that comes out of tersen, GA; Misha Randolph, TX; But no guarantee was forthcoming. A Ross Richmond, OH; Jason Ruggles, MI; their taps. And we’ll turn the plant over to spokesman at the Infrastructure Ministry John Saucier, AL; Tristan Sutton, KY; Jus- dismissed the project as ‘‘premature.’’ the government after 20 years.’’ tin Swartz, CA; John Tanner, MI; Jefferson A few weeks ago, I had a call from a busi- Waxman’s phone did not ring the following Turner, GA; Andrew Van Essen, Ontario; nessman in Ireland. His company, Eagle Stephen Watson, TX; Timothy Zeller, IN. morning. Israel’s water commissioner, Meir Water Resources, had been tentatively ap- Ben-Meir, remarked airily that the govern- f proached by Israeli officials last year to in- ment would soon be soliciting bids for a de- vestigate the viability of shipping water THE IMPORTANCE OF WATER TO salination plant. ‘‘And IDE will be able to from Turkey to Israel, aboard converted oil compete, along with everybody else.’’ THE MIDDLE EAST tankers. The project was technically and economically feasible, he had established. He Amid the clamor of panicked environ- HON. BENJAMIN A. GILMAN had the tankers ready for conversion. What mentalists, desperate farmers—and politi- cians and diplomats concerned by the poten- OF NEW YORK he needed was a firm contract. Many months had passed; he had invested $250,000; but no tial for the region’s eternal water shortage IN THE HOUSE OF REPRESENTATIVES one was giving him the go-ahead. to badly strain relations with Jordan and the Tuesday, November 16, 1999 Israel is deep in the grip of a crippling Palestinians, and downright destroy pros- Mr. GILMAN. Mr. Speaker, I want to take drought. The level of the Kinneret, depend- pects for peace with Syria—Ben-Meir, this opportunity to reprint a brief article in the ing on which experts you listen to, has fallen uniquely it seems, is unconcerned. Even the either to a 65-year low, or to its lowest level Jerusalem Report, October 25, 1999 that dis- Treasury, hitherto obsessed with what it said in centuries. Red lines are being crossed. En- was the relatively high cost of desalinated cusses the importance of water to the Middle vironmentalists warn that Israel’s reservoirs water, has withdrawn longstanding opposi- East. This piece also highlights the important and underground aquifers are being grossly tion to a major desalination drive. But Ben- activities of a former colleague of ours, Hon. over-pumped, and that the damage, as the Wayne Owens, now president of the Center falling water sources become increasingly Meir comments mildly that the 213-meters- for Middle East Peace and Economic Co- saline, may be irrevocable. Farmers, rocked below-sea level Red Line at the Kinneret is operation, who has taken a leading role in ad- by a 40–percent reduction in their water allo- only an arbitrary figure—that a dip of an- vocating the increased use of desalination cation this year, fear a similar, or even grav- other few centimeters is no great disaster. plants in order to increase the inadequate er, cut may be imposed on them next year, When The Report called him on October 4, the harrassed-sounding-commissioner water supplies in that region. and warn of irrevocable damage to agri- Entitled, ``Not a Drop to Drink'', the article culture. Israel this year had to reduce the growled that he couldn’t get any work done quantity of water it supplied to Jordan because of all the media hounding, and goes on to make a significant case for desali- under its peace-treaty commitment; next barked irritably that ‘‘there is no water cri- nation. Accordingly, I recommend this article year, it may have to struggle even harder to sis.’’ to our colleagues, and commend Wayne meet its obligation. Owens for his ongoing efforts to improve the If Wayne Owens or Eagle Water Resources Ben-Meir, one wants to assume, knows lives of all peoples in the region through eco- were deemed unsuitable drought-busters, what he’s talking about. He is, after all, a 75- nomic development projects. being foreign, salvation lies right here at year-old veteran, the ‘‘manager,’’ as he put home. McKorot, the national water carrier, it in our brief conservation, ‘‘of Israel’s [From the Jerusalem Report, Oct. 25, 1999] runs a desalination operation in Eilat that water resources,’’ But just suppose, for a NOT A DROP TO DRINK provides the city with no less than 80 percent minute, that all the other worried activities (By David Horovitz) of its water. IDE Technologies, a Ra’ananah- are right, and the complacent Meir Ben-Meir More than a year ago, a former Utah Con- based firm, is a world leader in desalination. is wrong. Isn’t that a thought to make your gressman named Wayne Owens came to the Twenty years ago, it began a government- throat go dry?

VerDate 2999 06:20 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A16NO8.037 pfrm04 PsN: E16PT1 Tuesday, November 16, 1999 Daily Digest Senate Schumer/Durbin Amendment No. 2759, with re- Chamber Action spect to national standards and homeowner home Routine Proceedings, pages S14595–S14652 maintenance costs. Page S14605 Measures Introduced: Sixteen bills were intro- Schumer/Durbin Amendment No. 2762, to mod- duced, as follows: S. 1921–1936. Page S14612 ify the means test relating to safe harbor provisions. Measures Reported: Reports were made as follows: Page S14605 S. 1928, to amend title XVIII of the Social Secu- Schumer Amendment No. 2763, to ensure that rity Act to establish a medicare subvention dem- debts incurred as a result of clinic violence are non- onstration project for veterans. (S. Rept. No. dischargeable. Page S14605 106–222). Schumer Amendment No. 2764, to provide for S. Res. 200, designating the week of February greater accuracy in certain means testing. 14–20 as ‘‘National Biotechnology Week’’, with Page S14605 amendments. Page S14612 Schumer Amendment No. 2765, to include cer- tain dislocated workers’ expenses in the debtor’s Bankruptcy Reform Act: Senate continued consid- monthly expenses. Page S14605 eration of S. 625, to amend title 11, United States Dodd Amendment No. 2531, to protect certain Code, agreeing to committee amendments by unani- education savings. Page S14605 mous consent, taking action on the following Dodd Amendment No. 2753, to amend the Truth amendments proposed thereto: Pages S14605±09 Adopted: in Lending Act to provide for enhanced information Leahy Modified Amendment No. 2529, to save regarding credit card balance payment terms and United States taxpayers $24,000,000 by eliminating conditions, and to provide for enhanced reporting of the blanket mandate relating to the filing of tax re- credit card solicitations to the Board of Governors of the Federal Reserve System and to Congress. turns. Page S14608 Grassley (for Thurmond) Modified Amendment Page S14605 No. 2478, to provide for exclusive jurisdiction in Hatch/Dodd/Gregg Amendment No. 2536, to Federal court for matters involving bankruptcy pro- protect certain education savings. Page S14605 fessional persons. Page S14608 Feingold Amendment No. 2748, to provide for an Pending: exception to a limitation on an automatic stay under Feingold Amendment No. 2522, to provide for section 362(b) of title 11, United States Code, relat- the expenses of long term care. Page S14605 ing to evictions and similar proceedings to provide Hatch/Torricelli Amendment No. 1729, to pro- for the payment of rent that becomes due after the vide for domestic support obligations. Page S14605 petition of a debtor is filed. Page S14605 Wellstone Amendment No. 2537, to disallow Schumer/Santorum Amendment No. 2761, to im- claims of certain insured depository institutions. prove disclosure of the annual percentage rate for Page S14605 purchases applicable to credit card accounts. Wellstone Amendment No. 2538, with respect to Page S14605 the disallowance of certain claims and to prohibit Durbin Amendment No. 2659, to modify certain certain coercive debt collection practices. Page S14605 provisions relating to pre-bankruptcy financial coun- Feinstein Amendment No. 1696, to limit the seling. Page S14605 amount of credit extended under an open end con- Durbin Amendment No. 2661, to establish pa- sumer credit plan to persons under the age of 21. rameters for presuming that the filing of a case Page S14605 under chapter 7 of title 11, United States Code, does Feinstein Amendment No. 2755, to discourage in- not constitute an abuse of that chapter. Page S14605 discriminate extensions of credit and resulting con- Torricelli Amendment No. 2655, to provide for sumer insolvency. Page S14605 enhanced consumer credit protection. Page S14605 D1303

VerDate 29-OCT-99 07:21 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO9.REC pfrm04 PsN: D16NO9 D1304 CONGRESSIONAL RECORD — DAILY DIGEST November 16, 1999 Wellstone Amendment No. 2752, to impose a W. Michael McCabe, of Pennsylvania, to be Dep- moratorium on large agribusiness mergers and to es- uty Administrator of the Environmental Protection tablish a commission to review large agriculture Agency. mergers, concentration, and market power. Jerome F. Kever, of Illinois, to be a Member of Page S14605 the Railroad Retirement Board for a term expiring Moynihan Amendment No. 2663, to make certain August 28, 2003. improvements to the bill with respect to low-income Virgil M. Speakman, Jr., of Ohio, to be a Member debtors. Pages S14605±08 of the Railroad Retirement Board for a term expir- A unanimous-consent agreement was reached pro- ing August 28, 2004. viding for further consideration of the Moynihan Janie L. Jeffers, of Maryland, to be a Commis- Amendment No. 2663 (listed above), with a vote to sioner of the United States Parole Commission for a term of six years. occur thereon. Page S14607 Routine lists in the Air Force, Army, Marine A unanimous-consent agreement was reached pro- Corps, Navy. Pages S14651±52 viding for further consideration of the bill on Wednesday, November 17, 1999. Page S14651 Messages From the President: Pages S14610±11 Appointment: Messages From the House: Page S14611 Parents Advisory Council on Youth Drug Abuse: Communications: Pages S14611±12 The Chair, on behalf of the Majority Leader, pursu- Petitions: Page S14612 ant to Public Law 105–277, announced the appoint- Executive Reports of Committees: Page S14612 ment of Deborah C. Ball, of Georgia, to serve as a member of the Parents Advisory Council on Youth Statements on Introduced Bills: Pages S14612±43 Drug Abuse for a three-year term. Page S14651 Additional Cosponsors: Pages S14643±45 Messages From the President: Senate received the Authority for Committees: Page S14645 following messages from the President of the United Additional Statements: Pages S14645±51 States: Adjournment: Senate convened at 10 a.m., and ad- Transmitting a periodic report relative to the na- journed at 6:15 p.m., until 9:30 a.m., on Wednes- tional emergency with respect to Iran which was de- day, November 17, 1999. (For Senate’s program, see clared in Executive Order No. 12170; referred to the the remarks of the Acting Majority Leader in today’s Committee on Banking, Housing, and Urban Affairs. Record on page S14651.) (PM–74). Page S14610 Transmitting the annual report of the Federal Labor Relations Board for fiscal year 1998; referred Committee Meetings to the Committee on Governmental Affairs. (Committees not listed did not meet) (PM–75). Pages S14610±11 Transmitting the annual report of the Railroad NOMINATION Retirement Board for fiscal year 1998; referred to Committee on Finance: Committee concluded hear- the Committee on Health, Education, Labor, and ings on the nomination of Deanna T. Okun, of Pensions. (PM–76). Page S14611 Idaho, to be a Member and Commissioner of the United States International Trade Commission, after Nominations Received: Senate received the fol- the nominee testified and answered questions in her lowing nominations: own behalf. h House of Representatives Reports Filed: Reports were filed today as follows: Chamber Action Conference report on H.R. 2116, to amend title Bills Introduced: 41 public bills, H.R. 3373–3413; 38, United States Code, to establish a program of 3 private bills, H.R. 3414–3416; and 11 resolutions, extended care services for veterans and to make other H.J. Res. 79–81, H. Con. Res. 229–231, and H. improvements in health care programs of the De- Res. 377–381, were introduced. Pages H12107±09 partment of Veterans Affairs (H. Rept. 106–470);

VerDate 29-OCT-99 07:21 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO9.REC pfrm04 PsN: D16NO9 November 16, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1305 H.R. 1695, to provide for the conveyance of cer- Condemning the Assassination of Armenian tain Federal public lands in the Ivanpah Valley, Ne- Prime Minister Vazgen Sarksian: H. Con. Res. vada, to Clark County, Nevada, for the development 222, condemning the assassination of Armenian of an airport facility, amended (H. Rept. 106–471); Prime Minister Vazgen Sarksian and other officials of H.R. 2086, to authorize funding for networking the Armenian Government and expressing the sense and information technology research and develop- of the Congress in mourning this tragic loss of the ment for fiscal years 2000 through 2004, amended duly elected leadership of Armenia (agreed by a yea (H. Rept. 106–472, Pt. 1); and and nay vote of 399 yeas with none voting ‘‘nay’’, H. Res. 381, providing for consideration of H.J. Roll No. 588); Pages H12010±15, H12018±19 Res. 80, making further continuing appropriations for fiscal year 2000 (H. Rept. 473). Supporting the Concluded Elections in India: H. Pages H11976±H12002, H12106±07 Con. Res. 211, expressing the strong support of the Congress for the recently concluded elections in the Guest Chaplain: The prayer was offered by the Republic of India and urging the President to travel Guest Chaplain, Rev. Dr. Theodore Schneider of At- to India (agreed to by a yea and nay vote of 396 yeas Page H11976 lanta, Georgia to 4 nays, Roll No. 589) Pages H12015±18, H12019±20 Recess: The House recessed at 10:51 a.m. and re- Supporting Democracy, Free Elections, and convened at 12:00 p.m. Page H11976 Human Rights in Laos: H. Res. 169, amended, ex- Private Calendar: Agreed that the call of the Pri- pressing the sense of the House of Representatives vate Calendar be dispensed with on November 16, with respect to democracy free elections, and human 1999. Page H11976 rights in the Lao People’s Democratic Republic Suspensions: The House agreed to suspend the rules (agreed to by a yea and nay vote of 412 yeas with and pass the following measures: 1 voting ‘‘nay’’, Roll No. 591). Agreed to amend the State Flexibility Clarification Act: H.R. 3257, title. Pages H12020±26, H12061 amended, to amend the Congressional Budget Act of U.S. Policy Toward the Slovak Republic: H. 1974 to assist the Congressional Budget Office with Con. Res. 165, expressing United States policy to- the scoring of State and local mandates (passed by ward the Slovak Republic (agreed to by a yea and a yea and nay vote of 401 yeas with none voting nay vote of 404 yeas to 12 nays, Roll No. 592); ‘‘nay’’, Roll No. 587); Pages H12003±05, H12018 Pages H12026±29, H12061±62 Releasing Interests in Washington County, Conflict in North Caucasus Region of the Rus- Utah: H.R. 2862, to direct the Secretary of the Inte- sian Federation: H. Con. Res. 206, amended, ex- rior to release reversionary interests held by the pressing grave concern regarding armed conflict in United States in certain parcels of land in Wash- the North Caucasus region of the Russian Federation ington County, Utah, to facilitate an anticipated which has resulted in civilian casualties and inter- land exchange; Pages H12005±06 nally displaced persons and urging all sides to pur- Acquisition of Lands in the Red Cliffs Desert sue dialog for peaceful resolution of the conflict Reserve, Utah: H.R. 2863, to clarify the legal effect (agreed to be a yea and nay vote of 407 yeas to 4 on the United States of the acquisition of a parcel nays, Roll No. 593); Pages H12029±33, H12062±63 of land in the Red Cliffs Desert Reserve in the State Funding for Diabetes Research: H. Res. 325, ex- of Utah; Page H12006 pressing the sense of the House of Representatives Including Cat Island, Mississippi in the Gulf regarding the importance of increased support and Islands National Seashore: H.R. 2541, amended, to funding to combat diabetes (agreed to by a yea and adjust the boundaries of the Gulf Islands National nay vote of 414 yeas with none voting ‘‘nay’’, Roll Seashore to include Cat Island, Mississippi; No. 594); Pages H12033±40, H12063 Pages H12006±08 Honoring the Late Walter Payton: H. Res. 370, Prohibiting Oil and Gas Drilling in Mosquito recognizing and honoring Walter Payton and ex- Creek Lake, Cortland, Ohio: H.R. 2818, to prohibit pressing the condolences of the House of Representa- oil and gas drilling in Mosquito Creek Lake in tives to his family on his death; Pages H12040±43 Cortland, Ohio; Pages H12008±09 Honoring the Late Joe Serna, Mayor of Sac- Increasing the Acreage of Federal Leases for So- ramento, California: H. Res. 363, recognizing and dium: H.R. 3063, to amend the Mineral Leasing honoring Sacramento, California, Mayor Joe Serna, Act to increase the maximum acreage of Federal Jr., and expressing the condolences of the House of leases for sodium that may be held by an entity in Representatives to his family and the people of Sac- any one State; Pages H12009±10 ramento on his death; Pages H12043±46

VerDate 29-OCT-99 07:21 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO9.REC pfrm04 PsN: D16NO9 D1306 CONGRESSIONAL RECORD — DAILY DIGEST November 16, 1999 Veterans Millennium Health Care Act: Con- tirement Board for fiscal year 1998—referred to the ference report on H.R. 2116, to amend title 38, Committee on Ways and Means and the Committee United States Code, to establish a program of ex- on Transportation and Infrastructure. Page H12064 tended care services for veterans and to make other Recess: The House recessed at 11:59 p.m. and re- improvements in health care programs of the De- convened at 12:44 a.m. on Wednesday, Nov. 17 partment of Veterans Affairs; and Pages H12046±56 Page H12105 Leif Ericson Millennium Commemorative Coin Quorum Calls—Votes: Eight yea and nay votes and Act: H.R. 3373, to require the Secretary of the one recorded vote developed during the proceedings Treasury to mint coins in conjunction with the of the House today and appear on pages H12018, minting of coins by the Republic of Iceland in com- H12019, H12019–20, H12060, H12061, memoration of the millennium of the discovery of H12061–62, H12062–63, H12063, and the New World by Leif Ericson. Pages H12056±59 H12063–64. There were no quorum calls. Suspension Failed—United States Marshals Serv- Adjournment: The House met at 10:30 a.m. and ice Improvement Act: The House failed to suspend adjourned at 12:45 a.m. on Wed. Nov. 17. the rules and pass H.R. 2336, to amend title 28, United States Code, to provide for appointment of United States marshals by the Attorney General by Committee Meetings a recorded vote of 183 ayes to 231 noes, Roll No. MAKING FURTHER CONTINUING 595. Pages H12063±64 APPROPRIATIONS FOR THE FISCAL YEAR Multidistrict, Multiparty, Multiforum Trial Juris- 2000 diction Act: The House disagreed to the Senate amendment to H.R. 2112, to amend title 28, Committee on Rules: Granted, by voice vote, a closed United States Code, to allow a judge to whom a case rule on H.J. Res. 80, making further continuing ap- is transferred to retain jurisdiction over certain propriations for the fiscal year 2000, providing one multidistrict litigation cases for trial, and to provide hour of debate equally divided and controlled by the for Federal jurisdiction of certain multiparty, chairman and ranking minority member of the Com- multiforum civil actions, and agreed to a conference. mittee on Appropriations. The rule waives all points Appointed as conferees: Chairman Hyde and Rep- of order against consideration of the joint resolution. resentatives Sensenbrenner, Coble, Conyers, and Ber- Finally, the rule provides one motion to recommit. man. Pages H12020 DRUG PB—EFFECTS ON PERSIAN GULF Providing for Consideration of Suspensions: The VETERANS House agreed to H. Res. 374, providing for consid- Committee on Veterans’ Affairs: Subcommittee on eration of motions to suspend the rules by a yea and Health and the Subcommittee on Oversight and In- nay vote of 214 yeas to 202 nays, Roll No. 590. vestigations held a joint hearing on the possible Pursuant to the provisions of the resolution, H. Res. health effects of the drug pyridostigmine bromide 342 was laid on the table. Pages H12059±60 (PB) on veterans who served in the Persian Gulf Suspensions: Pursuant to H. Res. 374, Representa- War. Testimony was heard from the following offi- tive Thune announced suspensions to be considered cials of the Department of Defense: Sue Bailey, by the House. Page H12064 M.D., Assistant Secretary, Health Affairs; and Ber- Presidential Messages: Read the following mes- nard D. Rostker, Special Assistant to the Deputy sages from the President: Secretary, Gulf War Illnesses; Frances Murphy, M.D., Acting Deputy Under Secretary, Health, De- Federal Labor Relations Authority: Message partment of Veterans Affairs; public witnesses; and wherein he transmitted his annual report of the Fed- representatives of veterans organizations. eral Labor Relations Authority for fiscal year 1998— referred to the Committee on Government Reform; f Page H12064 NEW PUBLIC LAWS National Emergency Re Iran: Message wherein (For last listing of Public Laws, see DAILY DIGEST, p. D1295) he transmitted his 6-month periodic report on the H.J. Res. 76, waiving certain enrollment require- national emergency with respect to Iran—referred to ments for the remainder of the first session of the the Committee on International Relations and or- One Hundred Sixth Congress with respect to any dered printed (H. Doc. 106–159); and Page H12064 bill or joint resolution making general appropria- Railroad Retirement Board: Message wherein he tions or continuing appropriations for fiscal year transmitted his Annual Report of the Railroad Re- 2000. Signed November 10, 1999. (P.L. 106–93)

VerDate 29-OCT-99 07:21 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO9.REC pfrm04 PsN: D16NO9 November 16, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1307 H.J. Res. 78, making further continuing appro- work for the affiliation of banks, securities firms, and priations for the fiscal year 2000. Signed November other financial service providers. Signed November 10, 1999. (P.L. 106–94) 12, 1999. (P.L. 106–102) H.R. 441, to amend the Immigration and Nation- H.R. 348, to authorize the construction of a ality Act with respect to the requirements for the monument to honor those who have served the Na- admission of nonimmigrant nurses who will practice tion’s civil defense and emergency management pro- in health professional shortage areas. Signed Novem- grams. Signed November 13, 1999. (P.L. 106–103) ber 12, 1999. (P.L. 106–95) H.R. 3061, to amend the Immigration and Na- H.R. 609, to amend the Export Apple and Pear tionality Act to extend for an additional 2 years the Act to limit the applicability of the Act to apples. period for admission of an alien as a nonimmigrant Signed November 12, 1999. (P.L. 106–96) under section 101(a)(15)(S) of such Act, and to au- H.R. 915, to authorize a cost of living adjustment thorize appropriations for the refugee assistance pro- in the pay of administrative law judges. Signed No- gram under chapter 2 of title IV of the Immigration vember 12, 1999. (P.L. 106–97) and Nationality Act. Signed November 13, 1999. H.R. 974, to establish a program to afford high (P.L. 106–104) school graduates from the District of Columbia the f benefits of in State tuition at State colleges and uni- versities outside the District of Columbia. Signed COMMITTEE MEETINGS FOR November 12, 1999. (P.L. 106–98) WEDNESDAY, NOVEMBER 17, 1999 H.R. 2303, to direct the Librarian of Congress to (Committee meetings are open unless otherwise indicated) prepare the history of the House of Representatives. Signed November 12, 1999. (P.L. 106–99) Senate H.R. 3122, to permit the enrollment in the Committee on the Judiciary: business meeting to consider House of Representatives Child Care Center of chil- pending calendar business, 10:30 a.m., SD–226. dren of Federal employees who are not employees of House the legislative branch. Signed November 12, 1999. (P.L. 106–100) Committee on Government Reform, Subcommittee on Criminal Justice, Drug Policy and Human Resources, H.J. Res. 54, granting the consent of Congress to hearing on Cuba’s Links to Drug Trafficking, 10 a.m., the Missouri-Nebraska Boundary Compact. Signed 2154 Rayburn. November 12, 1999. (P.L. 106–101) Permanent Select Committee on Intelligence, November 17, S. 900, to enhance competition in the financial executive, briefing on the ‘‘State of the Directorate of Op- services industry by providing a prudential frame- erations’’, 2 p.m., H–405 Capitol.

VerDate 29-OCT-99 07:21 Nov 17, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO9.REC pfrm04 PsN: D16NO9 D1308 CONGRESSIONAL RECORD — DAILY DIGEST November 16, 1999

Next Meeting of the SENATE Consideration of Suspensions: 9:30 a.m., Wednesday, November 17 1. S. 1844, Child Support Miscellaneous Amendments; 2. H.R. 1827, Government Waste Corrections Act; 3. S. 1418, Holding Court at Natchez, Mississippi in Senate Chamber the Same Manner as Vicksburg, Mississippi; Program for Wednesday: Senate will continue consider- 4. S. 1235, Permitting Railroad Police Officers to At- ation of S. 625, Bankruptcy Reform Act, with votes to tend FBI National Academy for Law Enforcement Train- occur on the Wellstone Amendment No. 2752 and Moy- ing; nihan Amendment No. 2663. Also, Senate expects to 5. S. 440, Support for Certain Institutes and Schools; consider any appropriations bills and conference reports 6. H.R. 1953, Authorizing Leases for Land Held in when available, and any other cleared legislative and exec- Trust for the Torres Martinez Desert Cahuilla Indians and utive business. the Guidiville Band of Pomo Indians of the Guidiville (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- Indian Rancheria; spective party conferences.) 7. S. 278, Conveyance of Land to the County of Rio Arriba, New Mexico; 8. S. 416, Conveyance of Land to the City of Sisters, Next Meeting of the HOUSE OF REPRESENTATIVES Oregon; 10 a.m., Wednesday, November 17 9. S. 1843, Dugger Mountain Wilderness; 10. S. 382, Establishment of the Minuteman Missile National Historic Site; House Chamber 11. H.R. 3051, Feasibility Study on the Jicarilla Program for Wednesday: Consideration of H.J. Res. 80, Apache Reservation in New Mexico; and Continuing Appropriations, FY 2000 (rule waiving points 12. H.R. 1167, Tribal Self-Governance Amendments. of order);

Extensions of Remarks, as inserted in this issue

HOUSE Foley, Mark, Fla., E2389 McInnis, Scott, Colo., E2389, E2391, E2392, E2396, Gilman, Benjamin A., N.Y., E2394, E2404 E2398, E2401 Barr, Bob, Ga., E2399, E2401 Johnson, Sam, Tex., E2400, E2403 Miller, George, Calif., E2392, E2397 Clay, William (Bill), Mo., E2390, E2399 Kuykendall, Steven T., Calif., E2392, E2394 Schaffer, Bob, Colo., E2399, E2403 Combest, Larry, Tex., E2394, E2397 Lantos, Tom, Calif., E2391, E2392, E2396, E2398 Towns, Edolphus, N.Y., E2389, E2392, E2393, E2396 Davis, Thomas M., Va., E2391, E2393 Levin, Sander M., Mich., E2395, E2397 Wolf, Frank R., Va., E2390, E2396

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