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

Vol. 146 WASHINGTON, THURSDAY, DECEMBER 7, 2000 No. 150 House of Representatives The House met at 2 p.m. and was I pledge allegiance to the Flag of the States Government, the Community Man- called to order by the Speaker pro tem- United States of America, and to the Repub- agement Account, and the Central Intel- pore (Mr. THORNBERRY). lic for which it stands, one nation under God, ligence Agency Retirement and Disability indivisible, with liberty and justice for all. System, and for other purposes. f f The message also announced that the DESIGNATION OF THE SPEAKER Senate recedes from its amendments MESSAGE FROM THE SENATE PRO TEMPORE numbered 2 and 4 to the bill (H.R. 3048) The SPEAKER pro tempore laid be- A message from the Senate by Mr. ‘‘An Act to amend section 879 of title fore the House the following commu- Lundregan, one of its clerks, an- 18, United States Code, to provide nication from the Speaker: nounced that the Senate has passed clearer coverage over threats against without amendment bills of the House former Presidents and members of WASHINGTON, DC, December 7, 2000. of the following titles: their families, and for other purposes’’; I hereby appoint the Honorable MAC H.R. 3514. An act to amend the Public and agrees to the amendment of the THORNBERRY to act as Speaker pro tempore Health Service Act to provide for a system House to the amendment of the Senate on this day. for sanctuaries for chimpanzees that have numbered 5 to the above-entitled bill. J. DENNIS HASTERT, been designated as being no longer needed in The message also announced that Speaker of the House of Representatives. research conducted or supported by the Pub- pursuant to Public Law 96–114, as f lic Health Service, and for other purposes. amended, the Chair, on behalf of the H.R. 4281. An act to establish, wherever PRAYER feasible, guidelines, recommendations, and Majority Leader, announces the ap- pointment of the following individuals The Chaplain, the Reverend Daniel P. regulations that promote the regulatory ac- ceptance of new or revised scientifically to the Congressional Award Board— Coughlin, offered the following prayer: valid toxicological tests that protect human Galen J. Reser, of Connecticut; and Lord God, we trust You will resolve and animal health and the environment Rex B. Wackerle, of Virginia. our uncertainties and bring about true while reducing, refining, or replacing animal The message also announced that healing. tests and ensuring human safety and product pursuant to Public Law 105–341, the We know You can recreate greatness effectiveness. Chair, on behalf of the Democratic in this Nation and raise up leaders in H.R. 4827. An act to amend title 18, United Leader, announces the appointment of our day who will guide us with courage States Code, to prevent the entry by false the following individual to the Wom- and wisdom. Through the prophet Isa- pretenses to any real property, vessel, or air- craft of the United States or secure area of en’s Progress Commemoration Com- iah You have told us You are our re- any airport, to prevent the misuse of genuine mission: Ann F. Lewis, of Maryland, deemer. Breathe the breath of lasting and counterfeit police badges by those seek- vice Joan Doran Hedrick, of Con- freedom in Your people. Make us con- ing to commit a crime, and for other pur- necticut. fident that You will lead us now and poses. f forever. Amen. H.R. 5640. An act to expand homeownership f in the United States, and for other purposes. ANNOUNCEMENT BY THE SPEAKER The message also announced that the PRO TEMPORE THE JOURNAL Senate has passed with amendments The SPEAKER pro tempore. The The SPEAKER pro tempore. The bills of the House of the following ti- Chair announces that 1-minute speech- Chair has examined the Journal of the tles: es will be postponed until the end of last day’s proceedings and announces H.R. 4493. An act to establish grants for the day. to the House his approval thereof. drug treatment alternative to prison pro- f Pursuant to clause 1, rule I, the Jour- grams administered by State or local pros- nal stands approved. ecutors. FURTHER CONTINUING APPRO- PRIATIONS, FISCAL YEAR 2001 f H.R. 4640. An act to make grants to States for carrying out DNA analyses for use in the Mr. YOUNG of Florida. Mr. Speaker, PLEDGE OF ALLEGIANCE Combined DNA Index System of the Federal pursuant to the order of the House of The SPEAKER pro tempore. Will the Bureau of Investigation, to provide for the December 6, 2000, I call up the joint res- gentleman from New York (Mr. collection and analysis of DNA samples from olution (H.J. Res. 127) making further certain violent and sexual offenders for use MCNULTY) come forward and lead the in such system, and for other purposes. continuing appropriations for the fiscal House in the Pledge of Allegiance. H.R. 5630. An act to authorize appropria- year 2001, and for other purposes, and Mr. MCNULTY led the Pledge of Alle- tions for fiscal year 2001 for intelligence and ask for its immediate consideration in giance as follows: intelligence-related activities of the United the House.

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

H12023

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VerDate 06-DEC-2000 01:44 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.000 pfrm09 PsN: H07PT1 H12024 CONGRESSIONAL RECORD — HOUSE December 7, 2000 The Clerk read the title of the joint over and over again. As I think most If Members do not like those in- resolution. Members understand, we were supposed creases, I would ask, which ones do The text of House Joint Resolution to have our budget work done by Octo- they want to cut back? Do they want 127 is as follows: ber 1. It is not rare that we do not. to see the class size reduction program H.J. RES. 127 That has often happened in the history cut back, so we can slack off on our ef- Resolved by the Senate and House of Rep- of the House under both parties. fort to reduce the size of classes? resentatives of the United States of America in What is rare is this difference. In the Do they want to reduce the after- Congress assembled, That Public Law 106–275, past, in the main, continuing resolu- school learning programs that we are is further amended by striking the date spec- tions which keep the government open trying to ramp up so that children ified in section 106(c) and inserting ‘‘Decem- after the expiration of the previous fis- ber 8, 2000’’. from families with two parents work- cal year are passed for the purpose of ing outside the household can spend The SPEAKER pro tempore. Pursu- giving the leadership of both parties the after-school hours in a meaningful ant to the order of the House of and those involved in negotiations an learning experience with adult super- Wednesday, December 6, 2000, the gen- opportunity to have more time to com- vision, rather than either roaming the tleman from Florida (Mr. YOUNG) and plete their work by resolving their dif- streets or going home to an empty the gentleman from Wisconsin (Mr. ferences. house? OBEY) each will control 30 minutes. Instead, I am forced to conclude that The Chair recognizes the gentleman Would they prefer that we eliminate continuing resolutions in this situation some of the funding for the Title I pro- from Florida (Mr. YOUNG). are being used as a tool to shield this gram under which 900,000 disadvan- GENERAL LEAVE institution from doing its work resolv- taged students are supposed to receive Mr. YOUNG of Florida. Mr. Speaker, ing our differences and completing the extra help in reading and math, for in- I ask unanimous consent that all Mem- work needed on the budget for not the stance? bers may have 5 legislative days within coming year but the year that we have Would they propose that we scale which to revise and extend their re- been in since October 1. back the hard-won increase of $500 per marks on House Joint Resolution 127, Continuing resolutions are supposed child in the Pell grant program in the and that I may include tabular and ex- to be used to buy time to find com- maximum grant? traneous material. promises. Yet, we see gross evidence Would they propose that we scale The SPEAKER pro tempore. Is there that in fact there are other plans afoot. back the work study program? objection to the request of the gen- I do not care if we take a look at the Which of these education programs is tleman from Florida? Washington Post today or if we take a it in the national interest to scale back There was no objection. look at the Wall Street Journal or if on from the amounts that were nego- Mr. YOUNG of Florida. Mr. Speaker, we take a look at the New York Times tiated on a bipartisan level between I yield myself such time as I may con- or if we take a look at the AP report, both houses of the Congress and the ad- sume. which I have seen today, we see that ministration? Mr. Speaker, House Joint Resolution the distinguished whip on the majority Should we scale back on the efforts 127 is one more continuing resolution side of the aisle, the gentleman from to improve the quality of teacher in- that is required, inasmuch as several of Texas (Mr. DELAY), is in essence coun- struction in some 15,000 school districts the appropriations bills have not been seling that what the majority party in this country? concluded. I might say that these bills ought to do is to push the President Do we really want to have physical basically are awaiting conclusion not into a position where he is forced to education teachers continuing to teach because of appropriations issues but be- choose between shutting down govern- math and English teachers continuing cause of extraneous issues that in my ment agencies and accepting what he to teach science? I do not think so. Do opinion do not even belong in an appro- describes as Republican priorities, in- we really want to scale back on the ef- priations bill. But nevertheless, these cluding a very large scale-back of edu- fort to help huge, humongous-sized issues are there, and they are causing cation funding which was in the budget high schools redesign themselves into some controversy. agreement which was negotiated and smaller, more intimate learning cen- So I would point out to our col- agreed to before the elections but was leagues, Mr. Speaker, that we have set never brought to the floor by the lead- ters? I do not think we want to do that. It seems to me that we have a major- a record. This is the largest number of ership of the House. continuing resolutions that any Con- I deeply believe that there are the ity in both parties that would support gress to my knowledge has ever consid- votes to pass that proposal if it can that agreement if it could be brought ered. It is not the longest number of ever reach the floor of the House, but to the floor. I would urge the leader- days covered by CRs, but this one is permission to bring it to the floor of ship of the House to allow that agree- No. 18. the House is being withheld. ment to come to the floor. It was nego- The reason that we have had to We are being told that what must tiated in good faith, and that appar- present so many continuing resolutions happen in order for us to complete our ently is what is preventing us from is because we cannot get agreement to work is that many billions of dollars in completing our appropriations work. go beyond 1 day at a time, in most of education funding which were agreed I cannot address the other non- the cases, so we are here with a one- to in that conference report should now appropriation items that are still at day CR. Tomorrow, we will have to do be stripped out of that bill as a price issue in this Congress, but I really be- another CR. Saturday, we may have to for its passage. Until that happens, we lieve that if the committee were al- do another one-day CR, unless the ne- are being asked to pass a series of con- lowed to do so, we could reach a rea- gotiations that are taking place at the tinuing resolutions a day at a time or sonable compromise on the immigra- White House as we speak with the two days at a time that slowly click tion issue in a very short period of President produce some concrete deci- the clock down to the point where time, and I think that we could sions. there is no time left to do anything to produce a majority of votes for an If that is the case, then we will be provide this funding for this year. That agreed-upon compromise on education able to present to the Members a final is why we are now on the 18th con- funding. package of appropriations measures by tinuing resolution since October 1. But if we are to be confronted by ul- the middle of next week. But at this I would ask those who are urging timatums such as that suggested by point, Mr. Speaker, it remains to be that the education funding be cut back the distinguished minority whip, sug- seen what comes from the White House in the bill that we negotiated, I would gesting that the President should be meeting between our leaders, the bi- ask whether they really do believe that backed into a corner where he has to cameral and bipartisan leadership, and we ought to back away from what I re- accept what the gentleman from Texas the President of the United States. garded as one of the best achievements (Mr. DELAY) defines as Republican pri- Mr. Speaker, I reserve the balance of of this Congress, a negotiated agree- orities or else see a shut-down of an my time. ment that provided a 22 percent in- agency’s ability to perform, then I Mr. OBEY. Mr. Speaker, this is in- crease in support for education over think we are in a most destructive at- deed Groundhog Day over and over and the previous year. mosphere.

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.003 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12025 I find it ironic that the majority the appropriations bill that has to find a way to get things moving, just party campaigned and their standard- pass. like all of us are. bearer campaigned on the theme that Those are the kind of controversies Why he said what he said certainly is they would pursue a course of biparti- that have caused us time problems. in his own mind, but I can tell the gen- sanship, and yet the very first act they And I say again, the appropriations tleman that his motives are to get this are asking us to engage in is to back part of these bills have not created work concluded. And if he uses the tac- out of a bipartisan agreement that was most of the controversies that we have tic to get our attention, that may be negotiated shortly before the election experienced. what he is doing. I am not sure, but I but never brought to the floor for a Mr. Speaker, I yield 3 minutes to the know that he wants this job concluded. vote. very distinguished gentleman from Mr. Speaker, I have to say that re- I would urge that that approach be Delaware (Mr. CASTLE). gardless of all of that, I agree. It is our reconsidered. I, for one, have supported Mr. CASTLE. Mr. Speaker, I may ask responsibility to conclude the business all of these continuing resolutions in a question of the gentleman from Flor- of the 106th Congress, and we must do the hope that they would give us more ida (Mr. YOUNG), chairman of the Com- it as expeditiously as possible. But I time to resolve differences. mittee on Appropriations, but there must remind everyone that we are not are those of us who are rank and file only dealing with ourselves here in the b 1415 Republicans who frankly were some- House, Republicans and Democrats. We Mr. Speaker, but when they are sim- what alarmed by what we saw in the are also dealing with the United States ply provided as a tool by which those newspapers of the statement by the Senate, Republicans and Democrats. differences are shielded from being re- distinguished majority whip that we We are also dealing with someone with solved, then I see no purpose in voting should have a 1-year continuing resolu- a very big stick, a veto pen, who re- for further continuing resolutions. tion. Agreeing with what I think the sides at 1600 Pennsylvania Avenue. Mr. Speaker, I will vote for this one, gentleman from Wisconsin (Mr. OBEY) It is not easy to bring these very di- but I see no reason to vote for any con- has said and what the gentleman from vergent groups together, but that is tinuing resolution beyond tomorrow, Florida (Mr. YOUNG) has said, it is the what we are trying to do. And I agree because we ought to be able to wrap judgment of a lot of us that this has with the gentleman from Wisconsin this up in a day or a day and a half. been worked on very hard by both par- (Mr. OBEY), one day CRs, in my opin- Mr. Speaker, I reserve the balance of ties, a lot of good input has gone into ion, are ridiculous. We ought not be wasting the time of my time. it, a lot of progress has been made. We the Congress doing that. We should be Mr. YOUNG of Florida. Mr. Speaker, are pretty close to the end. using the time to conclude our busi- I yield myself 2 minutes. These various programs would be ness, but I am definitely opposed to a Mr. Speaker, I want to advise the good for this country, and we should gentleman from Wisconsin (Mr. OBEY) year-long continuing resolution. try to do it as rapidly as possible. Let Mr. CASTLE. Mr. Speaker, the com- that I will have two speakers for brief me point out, we are, I think, 2 months periods of time. After that, then the ments of the gentleman give me com- and a week beyond the beginning of the fort, and I thank the gentleman a great gentleman may wish to respond; and fiscal year for which this should have then I will have a closing statement deal. been done. I think personally it should Mr. YOUNG of Florida. Mr. Speaker, and that will be the extent of our de- be done by this particular Congress and I yield 2 minutes to the distinguished bate for today. this particular President and not by gentleman from New York (Mr. HOUGH- Mr. Speaker, I would suggest to the the next President and the next Con- TON). gentleman that if, in fact, the Presi- gress. Mr. HOUGHTON. Mr. Speaker, I have dent of the United States would be I would glean from the comments of not been in negotiations in the White agreeable to a compromise package the gentleman from Florida (Mr. House. I am not a Member of the Re- that will be presented to him today, YOUNG) that the gentleman is in agree- publican leadership, but I am a con- the gentleman from Wisconsin is cor- ment with this and that is the direc- cerned citizen, and I also am a Member rect, we can finish this in a day and a tion which the gentleman continues to of a bipartisan group which met with half. But that has not been too easy to go, in spite of what I read of the state- the gentleman from Indiana (Mr. ROE- get that agreement. ments of the majority whip. MER) yesterday and Members from both As a matter of fact, on July 27 of this I assume that the gentleman from Il- sides to try to find a way to bring our year, we concluded the conference on linois (Mr. HASTERT), the Speaker of two parties together. the Labor, HHS appropriations bill, the House, is still in that position, and We have gone over and over the and then October 29, we finally came to just the comforts to us who feel this is issues. We have gone over and over the an agreement on a bipartisan fashion what we are waiting for and that we dollar amounts. We have had things on in a sort of a conference agreement, are having continuing resolutions for the table and off the table and back on but the next morning, that agreement and we have been waiting for, I would the table, and it just seems to me that fell apart not because of something like to get the gentleman’s view of we do a job in the amount of time we that had to do with appropriations, but that. allow ourselves to do it in, and we are something that was not related to ap- Mr. YOUNG of Florida. Mr. Speaker, about at that point. propriations. And that is one of the will the gentleman yield? Mr. Speaker, I would like to ask the problems that we are facing. Mr. CASTLE. I yield to the gen- gentleman from Florida (Mr. YOUNG), Mr. Speaker, that is one of the prob- tleman from Florida. chairman of the Committee on Appro- lems that we have been faced with on Mr. YOUNG of Florida. Mr. Speaker, priations, because I think he has done appropriations bills through this whole I would say that the gentleman is ex- an extraordinary job, are the issues season. The appropriations part of the actly correct. I agree with the state- such that we can, within a reasonable process was the easy part of the job. ment that he made. I believe that the period of time, I say 24, 48 hours, solve Where we found great difficulty was on 106th Congress should complete the these things and vote on them? those riders that were attached to ap- business of the 106th Congress. Mr. YOUNG of Florida. Mr. Speaker, propriations bills. I think it will be a tragic mistake to will the gentleman yield? Why is that the case? Because appro- try to run this continuing resolution Mr. HOUGHTON. I yield to the gen- priations bills, Mr. Speaker, have to until the end of the fiscal year. I would tleman from Florida. pass. Congress has to pass appropria- strongly object to that, and I certainly MR. YOUNG of Florida. Mr. Speaker, tions bills. Members, whether they are cannot speak for the gentleman from the issues are serious, and the issues rank and file Members or whether they Illinois (Mr. HASTERT), the Speaker of are dealing with numbers that are very are leadership Members, see a vehicle the House. That gentleman will speak high in one area to some members, out here that has to pass. And since a for himself. And as far as the majority very low with another group of Mem- regular authorizing vehicle might not whip, I might tell you that he enjoys bers, also with the President, but some be available, they say hey, here is a the same frustrations that we all expe- of the issues as I mentioned are not good chance to do what I want to do on rience, but the gentleman is trying to even related to appropriations.

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.007 pfrm09 PsN: H07PT1 H12026 CONGRESSIONAL RECORD — HOUSE December 7, 2000 The gentleman will recall we had the the way this process and this body Mr. OBEY. Mr. Speaker, I yield 2 argument over the ergonomics issue, works. Nobody is going to get exactly minutes to the distinguished gen- and then we had quite an argument what they want nor should they. tleman from Tennessee (Mr. FORD). over the question of granting blanket A number of bipartisan Members of Mr. FORD. Mr. Speaker, I thank my amnesty to those who are here in the this body, Democrats and Republicans, friend, the gentleman from Wisconsin United States illegally. have signed on to a letter stating that (Mr. OBEY) for yielding the time to me Those are two big issues that are not ‘‘we urge you to ensure that the FY2001 and I thank all of my colleagues. appropriations issues, but are being budget is finalized and approved before As I listen to the gentleman from considered using the appropriations the 106th Congress adjourns. We New York (Mr. HOUGHTON), as I have bill as a vehicle for their enactment. strongly believe that the passage of a listened to the gentleman from Florida So things like that are causing us prob- continuing resolution in the next year (Chairman YOUNG), I would hope that lems. would only serve to provide this Con- we can deal with what some of the re- Can we get together? I do not see why gress with an excuse to shirk its duty alities are here. There is going to be a closing state- we cannot get together. What needs to to the American people.’’ That is ment where some of these matters will happen is everybody needs to realize signed by the gentleman from New be discussed, but we cannot reach a that no one is going to get their way York (Mr. HOUGHTON), the gentleman compromise nor can we advance gov- exactly the way they wanted it. from Delaware (Mr. CASTLE), the gen- ernment if leaders on both sides are I am chairman of the Committee on tleman from Michigan (Mr. UPTON), the not willing to work together, nor can Appropriations, but I cannot get my gentleman from Wisconsin (Mr. KIND), the other side expect this side to be- way all the time, and chairmen of our the gentleman from Tennessee (Mr. lieve we can reach an agreement if top subcommittees cannot get their way FORD), the gentleman from Florida all the time, but what we all have to leaders on your side can scuttle a deal (Mr. DAVIS), the gentleman from Penn- if they go back to their office and learn recognize is there has to be a con- sylvania (Mr. GREENWOOD). sensus. they were not consulted, or learn that We want to see this process work. If they were not part of a meeting and We are almost evenly divided in this we can make this final process on two House and in the other body, so it is suggest to Americans, suggest to this of the most important bills that the Congress that they have no problems time to recognize each side has to give gentleman from Illinois (Mr. PORTER) a little. If you want to get something, with shutting down this government. and the gentleman from Wisconsin (Mr. Mr. Speaker, it seems fitting that the you have to give something, and that is OBEY) have worked in a bipartisan way, majority whip’s name is DELAY, be- what it is going to take to conclude if we can make this work in a bipar- cause that is what is happening here. our business. tisan way, we can then have a step- And I have great respect for the gen- Mr. HOUGHTON. Mr. Speaker, I pingstone to the 107th Congress to tleman from Texas (Mr. DELAY). And I thank the gentleman for his comments. begin the needed and necessary and certainly do not mean to cast asper- Mr. YOUNG of Florida. Mr. Speaker, vital bipartisan work that we are going sions on his person or on him. But we I reserve the balance of my time. to require to get the people’s business have to deal with this reality. Mr. OBEY. Mr. Speaker, I yield 3 done. I say to my friends on the other side, minutes to the gentleman from Indiana Mr. Speaker, I would hope that we if you can bring the gentleman from (Mr. ROEMER). would sit back down together in a Texas (Mr. DELAY) to the table to Mr. ROEMER. Mr. Speaker, I thank Democratic and Republican way and agree to work to compromise and to my friend, the gentleman from Wis- finish the job of the 106th Congress on reach some agreement, not for Repub- consin (Mr. OBEY) for yielding me the education and health issues. licans or Democrats, but for the people, time. then we can all go home. Mr. Speaker, I want to associate my- Mr. Speaker, I include for the RECORD, the following letter: We are willing to deal. The President self with the, I think, thoughtful and is willing to deal. From the newspaper bipartisan comments made by the gen- CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, accounts, Mr. LOTT is willing to deal. tleman from Florida (Mr. YOUNG), The gentleman from Illinois (Mr. chairman of the Committee on Appro- Washington, DC, December 6, 2000. Hon. J. DENNIS HASTERT, HASTERT) is willing to deal. The gen- priations, my good friends in a new bi- Speaker, House of Representatives, tleman from Texas (Mr. ARMEY) is will- partisan coalition that we have re- Washington, DC. ing to work to try to find agreement, cently formed, the gentleman from Hon. RICHARD A. GEPHARDT, but if the gentleman from Texas (Mr. New York (Mr. HOUGHTON), the gen- Minority Leader, House of Representatives, DELAY) is going to make all of these tleman from Delaware (Mr. CASTLE), Washington, DC. decisions, then perhaps he ought to be and certainly with I think the wise re- DEAR MR. SPEAKER AND MR. LEADER: We the only one in the room when an marks of the gentleman from Wis- applaud your recent efforts at the highest levels of our congressional leadership to agreement is trying to be reached. consin (Mr. OBEY) that he made to reach across the aisle and renew a meaning- Mr. Speaker, I say to all of my start this debate. ful dialog. As you know, our group of rank- friends on the other side, I am proud to It seems to me that we have two and-file Republicans and Democrats is also be a part of any organization that questions here: A question of process dedicated to finding practical, bipartisan so- seeks to move government forward. I and a question of bipartisanship. lutions to the issues facing the Congress. say to all of my friends, bring the gen- On the question of process, the Amer- Accordingly, we urge you to insure the FY tleman from Texas (Mr. DELAY) to the ican people have hired us in the 106th 2001 budget is finalized and approved before table, let him lay out what it is exactly Congress to do a job and to finish a job the 106th Congress adjourns. We strongly be- he wants, other than blaming Mr. Clin- and to not shirk, to not neglect, to not lieve that the passage of a continuing resolu- ton for shutting down the government tion into next year would serve only to pro- ignore those responsibilities for either and, perhaps, we can start from there, reasons of politics and Presidential vide this Congress with an excuse to shirk its duty to the American people. move from there, and conclude from elections or reasons of convenience and Today we offer the support and encourage- that point. push off those decisions to the 107th ment of our membership in whatever ways Mr. YOUNG of Florida. Mr. Speaker, Congress. might be helpful in realizing this important I reserve the balance of my time. We have been paid to make those de- goal. We look forward to working with you Mr. OBEY. Mr. Speaker, I yield my- cisions. We should make those deci- on a common agenda in the 107th Congress. self such time as I may consume. sions in this 106th Congress. Sincerely, Mr. Speaker, to recapitulate, there Mr. Speaker, the second question TIM ROEMER. are a number of appropriation bills that I think is important is a question MIKE CASTLE. which still have not passed, but a num- of bipartisanship. Do we have one indi- HAROLD E. FORD, Jr. ber of them primarily because they RON KIND. vidual, a Speaker or a President, that AMO HOUGHTON. just got caught up in accidents that can stand up and say either stand down JIM DAVIS. started out to happen to somebody and I want it my way 100 percent or JAMES C. GREENWOOD. else, and we can fix those in about 5 shut down the government? That is not FRED UPTON. minutes. No problem with those.

VerDate 06-DEC-2000 01:03 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.014 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12027 There are only two real problems larger than last year and larger than on. I remember Herb Stein, who was left. One is to find some reasonable lan- the President’s request. But we under- the head of the council on economic ad- guage compromise on the immigration stand the importance of these, and we visors to President Nixon. I remember question, which the gentleman from want to get these items concluded. Herb Stein saying once in testimony Florida (Mr. YOUNG) points out cor- We do not want to continue on a con- before the Joint Economic Committee, rectly, is not an appropriations issue. tinuing resolution because that does ‘‘People say this cannot go on.’’ He The second is to deal with the Labor, not provide the additional investment said, ‘‘My experience is, if something Health and Education appropriation that we need in medical research, that cannot go on, it stops.’’ I would hope conference report. we need in education, and that we need that this incessant number of con- b 1430 in the other people’s programs. But we tinuing resolutions would stop and do have to come to an agreement with that the sparring would stop, and to- I would remind Members that, when people who are very far apart as we morrow we can bring a bill to the floor that bill came back from conference, speak today. reflecting the bipartisan negotiations there were objections raised on both Of all of the many issues that are out which we have already agreed upon and sides of the aisle to one language provi- there, most of them are related one to pass it and end this session. sion in that bill, namely, the language another. There are one or two keys. If Mr. YOUNG of Florida. Well, Mr. provision that related to ergonomics. I those two keys can come together, ev- Speaker, I would say that I hope that was highly unsatisfied with the results, erything else falls into place. So I am happens. It could happen. A lot of it is from my perspective. A number of optimistic, and I try to be optimistic going to depend on what comes out of Members on that side of the aisle were all the time. I am optimistic today. the meeting that is taking place at the highly unsatisfied with the results The gentleman from Wisconsin (Mr. White House as we speak. from their perspective. OBEY), my friend, said that this is like Mr. Speaker, today, some time after But with that exception, I do not re- Groundhog Day over again. Most peo- the election on November 7, the Nation call a single stated objection to any of ple think that Groundhog Day is that is pretty much divided right down the the dollar agreements in the bill. I do day in February where Punxsutawney middle. In the House, the political dif- not recall any arguments about any of Phil comes out of his little cave, and if ferences are almost 50/50. In the Sen- the appropriation decisions on funding he sees his shadow, winter is going to ate, they are 50/50. In the country on levels. To me, education ought to be last for a certain period of time. If he popular vote for President, 50/50. The the top priority of both parties. does not see his shadow, it will last for Nation is politically pretty much di- I had said consistently in this debate another period of time. vided. that, if one looks at the history of how But what the gentleman from Wis- But I want to remind my colleagues different programs were increased as consin (Mr. OBEY) was referring to that this is America. This is the United they moved through the process of the when he said this is like Groundhog States of America. There is something education area, that there were some Day all over again is a movie named special about that. Remember, 59 years areas such as special education which ‘‘Groundhog Day.’’ It had to do with a ago today, Pearl Harbor was attacked. were Republican priorities. There were weather forecaster from a Pittsburgh, The Nation did not have any real direc- other areas that were Democratic pri- Pennsylvania, television station who tion. We were an emerging industrial orities. was in Punxsutawney to cover the Nation. But, then Pearl Harbor was at- It seems to me, given the realities of emerging Punxsutawney Phil, the tacked. Americans came together with the changes in the economic cir- groundhog. such a powerful statement, such a pro- cumstances that we have seen with Through some fluke, he got into a found statement, and put together one these larger surpluses available, that situation where he repeated every day. of the most fantastic military capabili- the one area that deserves top priority Day after day after day, he repeated ties in the world eventually. for funding is education; and that if we the same day. I agree with the gen- It took a while, but we came to- truly are going to deal in a bipartisan tleman from Wisconsin (Mr. OBEY) that gether. We overcame all kinds of dif- manner, there ought to be room for the it sort of seems like Groundhog Day ferences, different opinions, different education priorities of both parties here when we are doing continuing res- challenges, different industrial chal- within the same bill. olutions day after day after day. lenges, different political challenges. I think that is the kind of bill that I do not know how long this went on, We came together as a strong and pow- was put together with the help of the but for this newscaster, it went on a erful Nation. Ever since that day, we gentleman from Illinois (Mr. PORTER) long time. But he learned so much have been an outstanding example for and the gentleman from Florida (Mr. about so many things in that period of the rest of the world of freedom, of jus- YOUNG) in that conference report. I time. The way the ‘‘Groundhog Day’’ tice, of the ability to work together in would still renew my request to the was concluded and the day and the way the best interest of the people of the House leadership to allow that bill to that he got back into a cycle was he United States and for those in the come to the floor. I am confident that fell in love with the producer of his world that we are called upon to help. if they did, there would be enough program who he was very hostile with If that could happen in America, it votes on both sides of the aisle to pass in the beginning. can happen here in this Congress. If we it in a truly bipartisan fashion, and we So if he and that producer could fall all settle down and recognize we have could, at least so far as appropriation in love and end this cycle of continuous got to come together, we do not nec- items are concerned, conclude our busi- Groundhog Days day after day after essarily have the opportunity to go our ness on an honorable note. day, the gentleman from Wisconsin own individual ways, but we have got Mr. Speaker, I yield back the balance (Mr. OBEY) and I can love each other. to come together, if we do that, we will of my time. We can all love each other. The Con- come together, and we will conclude Mr. YOUNG of Florida. Mr. Speaker, gress can love the President. We can the business of the 106th Congress and I yield myself the balance of my time. have our differences. But if we could get ready for the 107th Congress, which Mr. Speaker, I, again, agree with just show a little love and compassion is going to begin in just a few short what the gentleman from Wisconsin here and some understanding, we can days. (Mr. OBEY) said about the appropria- conclude this business and finish the Mr. Speaker, I yield back the balance tions items. I want to assure the gen- work of the 106th Congress. of my time. tleman from Wisconsin (Mr. OBEY) and Mr. OBEY. Mr. Speaker, will the gen- The SPEAKER pro tempore (Mr. all of the Members that, in the final tleman yield? THORNBERRY). All time for debate has package, the latest package that we Mr. YOUNG of Florida. I am happy to expired. have provided to the leadership, edu- yield to the gentleman from Wisconsin. The joint resolution is considered as cation is still a high priority for the Mr. OBEY. Mr. Speaker, I would sim- having been read for amendment. dollars that would be appropriated. ply like to note that I have heard a Pursuant to the order of the House of Medical research through NIH, again, number of Members come up to me and Wednesday, December 6, 2000, the pre- is a very high priority. The dollars are say about this impasse, this cannot go vious question is ordered.

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.019 pfrm09 PsN: H07PT1 H12028 CONGRESSIONAL RECORD — HOUSE December 7, 2000 The question is on the engrossment Manzullo Phelps Smith (WA) Mr. KIND. Mr. Speaker, on rollcall No. 601, Markey Pickering Snyder and third reading of the joint resolu- Mascara Pitts Souder unfortunately, due to an unavoidable weather tion. Matsui Pombo Spence delay I missed today's rollcall vote. Had I been The joint resolution was ordered to McCarthy (MO) Pomeroy Spratt present, I would have voted ``yea.'' be engrossed and read a third time, and McCollum Porter Stabenow f McDermott Portman Stearns was read the third time. McGovern Pryce (OH) Stenholm PAUL COVERDELL NATIONAL FO- McHugh Quinn Strickland The SPEAKER pro tempore. The RENSIC SCIENCES IMPROVEMENT question is on the passage of the joint McInnis Radanovich Stump McIntosh Rahall Sununu ACT OF 2000 resolution. McIntyre Ramstad Sweeney Mr. MCCOLLUM. Mr. Speaker, I ask The question was taken; and the McKeon Rangel Tancredo Speaker pro tempore announced that McKinney Regula Tanner unanimous consent that the Com- McNulty Reyes Tauscher the ayes appeared to have it. mittee on the Judiciary be discharged Meehan Reynolds Tauzin from further consideration of the Sen- Mr. OBEY. Mr. Speaker, I object to Meek (FL) Riley Taylor (MS) ate bill (S. 3045) to improve the quality, the vote on the ground that a quorum Meeks (NY) Rivers Terry Menendez Rodriguez Thomas timeliness, and credibility of forensic is not present and make the point of Metcalf Roemer Thompson (CA) science services for criminal justice order that a quorum is not present. Mica Rogers Thornberry Millender- Rohrabacher Thune purposes, and for other purposes, and The SPEAKER pro tempore. Evi- ask for its immediate consideration in dently a quorum is not present. McDonald Rothman Thurman Minge Roukema Tiahrt the House. The Sergeant at Arms will notify ab- Mink Roybal-Allard Tierney The Clerk read the title of the Senate sent Members. Moakley Royce Toomey Mollohan Ryun (KS) Traficant bill. The vote was taken by electronic de- Moore Sabo Turner The SPEAKER pro tempore (Mr. vice, and there were—yeas 359, nays 11, Moran (KS) Salmon Udall (CO) THORNBERRY). Is there objection to the not voting 62, as follows: Moran (VA) Sanchez Udall (NM) request of the gentleman from Florida? Morella Sanders Upton [Roll No. 601] Murtha Sandlin Velazquez PARLIAMENTARY INQUIRY YEAS—359 Myrick Sawyer Vitter Mr. SCOTT. Mr. Speaker, parliamen- Nadler Saxton Walden Abercrombie Crowley Hefley Napolitano Schaffer Walsh tary inquiry. Aderholt Cubin Herger Neal Schakowsky Wamp The SPEAKER pro tempore. The gen- Allen Cummings Hill (IN) Nethercutt Scott Waters tleman from Virginia will state his Andrews Cunningham Hilleary Northup Sensenbrenner Watkins parliamentary inquiry. Baca Davis (FL) Hilliard Norwood Serrano Watt (NC) Bachus Davis (VA) Hinchey Nussle Sessions Watts (OK) Mr. SCOTT. Mr. Speaker, was the re- Baker Deal Hinojosa Oberstar Shadegg Waxman quest just to have the bill considered? Baldacci DeGette Hobson Obey Shaw Weiner The SPEAKER pro tempore. The gen- Baldwin Delahunt Hoeffel Olver Shays Weldon (FL) tleman from Florida (Mr. MCCOLLUM) Ballenger DeLauro Hoekstra Ortiz Sherman Weldon (PA) Barcia DeLay Holden Ose Sherwood Weller asked unanimous consent to discharge Barrett (NE) DeMint Holt Owens Shimkus Wexler the Committee from further consider- Barrett (WI) Deutsch Hooley Oxley Shows Weygand ation of S. 3045 and to pass the bill in Bartlett Dicks Horn Pallone Shuster Whitfield Bass Doggett Hostettler Pascrell Simpson Wilson the House. Becerra Dooley Houghton Pastor Sisisky Wolf Is there objection to the request of Bentsen Doolittle Hoyer Payne Skeen Wu the gentleman from Florida? Bereuter Doyle Hulshof Pease Skelton Wynn Mr. SCOTT. Mr. Speaker, reserving Berkley Dreier Hunter Pelosi Slaughter Young (FL) Berman Duncan Hyde Peterson (MN) Smith (NJ) the right to object, I yield to the gen- Berry Dunn Inslee Petri Smith (TX) tleman from Florida (Mr. MCCOLLUM) Biggert Edwards Isakson to explain the purpose of his motion. Bilirakis Ehlers Jackson (IL) NAYS—11 Mr. McCOLLUM. Mr. Speaker, I Bishop Ehrlich Jackson-Lee Baird Dingell Stupak Bliley Engel (TX) Barton Miller, George Visclosky thank the gentleman for yielding. Blumenauer English Jefferson Bonior Paul Woolsey Mr. Speaker, the bill, S. 3045, is the Blunt Eshoo Jenkins Capuano Stark Boehlert Etheridge John Paul Coverdell National Forensic Boehner Evans Johnson (CT) NOT VOTING—62 Science Improvement Act of 2000. It Bonilla Everett Johnson, E.B. EFF ES Ackerman Fossella Miller, Gary was introduced by Senator J S - Borski Ewing Johnson, Sam Archer Gallegly Ney SIONS in the other body as a tribute to Boswell Farr Jones (NC) Armey Gillmor Packard Boyd Fattah Jones (OH) the late Senator Paul Coverdell. Sen- Barr Graham Peterson (PA) Brady (PA) Fletcher Kanjorski ator Coverdell had introduced similar Bilbray Granger Pickett Brady (TX) Foley Kaptur Blagojevich Green (TX) Price (NC) legislation earlier this Congress but did Brown (FL) Forbes Kelly Bono Hill (MT) Rogan Brown (OH) Ford Kennedy not live to see it acted upon. S. 3045 Boucher Hutchinson Ros-Lehtinen Burr Fowler Kildee passed the other body by unanimous Bryant Istook Rush Burton Frank (MA) Kilpatrick Chenoweth-Hage Kasich Ryan (WI) consent last Thursday. Buyer Franks (NJ) Kleczka Clay Kind (WI) Sanford S. 3045 is similar to a bill, H.R. 2340, Callahan Frelinghuysen Klink Coburn King (NY) Scarborough Calvert Frost Knollenberg introduced in the House by the gen- Costello Kingston Smith (MI) Camp Ganske Kolbe tleman from Georgia (Mr. BISHOP). It Danner Lantos Talent Campbell Gejdenson Kucinich Davis (IL) Largent Taylor (NC) addresses the most pressing problems Canady Gekas Kuykendall DeFazio LaTourette Thompson (MS) facing law enforcement today, the crit- Cannon Gephardt LaFalce Diaz-Balart Lipinski Towns Capps Gibbons LaHood ical backlog of work in our State crime Dickey Martinez Wicker Cardin Gilchrest Lampson labs. Dixon McCarthy (NY) Wise Carson Gilman Larson Emerson McCrery Young (AK) The crisis in our forensic labs is Castle Gonzalez Latham Filner Miller (FL) Chabot Goode Lazio acute. According to a report issued in February by the Bureau of Justice Sta- Chambliss Goodlatte Leach b Clayton Goodling Lee 1504 tistics, as of December 1997, 69 percent Clement Gordon Levin So the joint resolution was passed. of State crime labs reported backlogs Clyburn Goss Lewis (CA) Coble Green (WI) Lewis (GA) The result of the vote was announced in the analysis of DNA samples alone. Collins Greenwood Lewis (KY) as above recorded. And of course, these backlogs also af- Combest Gutierrez Linder A motion to reconsider was laid on fect all types of evidence being pre- Condit Gutknecht LoBiondo Conyers Hall (OH) Lofgren the table. pared for trial. Cook Hall (TX) Lowey Stated for: The delays in conducting autopsies Cooksey Hansen Lucas (KY) Mr. FILNER. Mr. Speaker, on rollcall No. and crime scene evidence often delay Cox Hastings (FL) Lucas (OK) 601, I was in my Congressional District on offi- the trial of a case, which means that Coyne Hastings (WA) Luther Cramer Hayes Maloney (CT) cial business. Had I been present, I would victims have to suffer longer waits for Crane Hayworth Maloney (NY) have voted ``yea.'' justice to be done. And it also means

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.023 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12029 that a defendant who is innocent has to Mr. BISHOP. Mr. Speaker, I thank merits. The only question is whether it wait longer to prove their innocence. the gentleman for yielding. will be given the priority treatment In cases where DNA evidence from a Mr. Speaker, I rise in support of the many of us believe it deserves. Will a crime where there is no suspect can be Paul Coverdell National Forensic new program such as this be among matched to an offender in the national Sciences Improvement Act. This bill those that prevail in the competition database of DNA samples from con- covers issues that Senator Coverdell for limited Federal dollars? victed offenders, any delay in con- and I feel very, very strongly about. In The Senate has answered that ques- ducting this analysis may allow the fact, this bill will address concerns tion, and today the House gives its an- perpetrator to remain at large and free that almost every major law enforce- swer, which I anticipate will be a re- to commit more crimes. ment agency in the United States has a sounding ‘‘yes.’’ We need to help our State labs in- concern with. We hope that, by passage Some people say the need to put crease their capacity to conduct foren- of this, that we will take another step more resources into the fight against sic testing and to hire and train more forward in crime control and in our crime is not as great as it was a few people to do this work. The Coverdell ability to move cases throughout our years ago. It is certainly true that FBI Act authorizes $512 million over 6 years court system. surveys show that the overall crime to fund facilities, equipment, training, Today we are responding to law en- rate has steadily declined as a result of and accreditation for State and local forcement and criminal justice profes- many factors, including a growing crime labs across America. Seventy- sionals from Georgia and throughout economy, tougher sentences, greater five percent of the funds will be distrib- much of the country who have called public awareness and involvement, and uted to the States based on population, on Congress to help them overcome the the high professionalism of today’s and 25 percent will be distributed by alarming shortages in forensic science criminal justice professionals. But it the Attorney General to high crime resource that confront our States and would be premature to declare victory. areas. To ensure that small States get communities. Although the crime rate is falling, it their fair share of the funding, the act These shortages in personnel, in mod- is true that one out of every four requires that each State receive a min- ern equipment and lab space, in tech- American families is still victimized imum of at least 0.6 percent of the nology and computerization, in edu- every year by one or more serious total appropriated each year. cation and training have created what crimes. One out of every four. The The bill expands the list of permitted has been accurately described as a monetary losses are still huge, $19 bil- uses of the Federal crime-fighting ‘‘choke point’’ in the country’s system lion or more a year. The suffering that Byrne grants to allow States to use of justice. many people experience continues to those funds to improving the quality, be incalculable. timeliness, and credibility of forensic b 1515 Again, I commend Senator SESSIONS science services, including DNA, blood, Due to the lack of adequate re- and everyone involved in this initiative and ballistics tests. The act requires sources, nearly 70 percent of the 600 to finish the task that meant so much States to develop a plan outlining the State and community forensic labora- to Senator Coverdell. I thank the manner in which the grants will be tories, medical examiner’s offices, and Democratic members of the committee used to improve forensic services pro- coroner’s offices are experiencing in the House and especially thank the vided by State and local crime labs and major backlogs in their forensic case- subcommittee chairman, the gen- limits administrative expenditures to loads. In 8 out of every 10 labs, the fo- tleman from Florida (Mr. MCCOLLUM), 10 percent of the grant amount. And rensic caseloads are increasing much and the ranking member, the gen- the act adds a reporting requirement so faster than their budgets. tleman from Virginia (Mr. SCOTT), who that the backlog reduction can be doc- These conditions have caused major really deserve the lion’s share of the umented and tracked. We need to know delays, preventing the timely convic- credit. I would also like to thank the how these grants are impacting back- tion of the guilty and exoneration of staff on both sides of the aisle who logs in each State. the innocent. These delays can be dev- have worked diligently to keep this The bill also includes two provisions astating to individuals and families, legislation alive for over a year. I sup- unrelated to forensic science grants. and dangerous for society at large. port the bill and ask my colleagues to One clarifies a provision of the Civil There are instances where suspects of support it, also. Asset Forfeiture Act passed into law violent offenses had to be freed because Mr. SCOTT. Mr. Speaker, reclaiming earlier this Congress. The other provi- DNA testing could not get done. my time and under my reservation, I sion expresses a sense of the Congress Several years ago, the States’ Coali- just want to thank the Commonwealth regarding the use of DNA samples in tion was formed among State law en- of Virginia for its excellent crime labs certain cases. I support both provi- forcement agency directors that took under the leadership of Paul Ferrara. sions. Virginia has done an excellent job in Mr. Speaker, numerous law enforce- the lead in addressing the crisis. The forensic technology. ment organizations support the bill, in- director of the Georgia Bureau of In- vestigation, Buddy Nix, has been in the Mr. Speaker, based on the comments cluding the American Society of Crime made by the gentleman from Florida Laboratory Directors, the American forefront of this effort which has the (Mr. MCCOLLUM) and the gentleman Academy of Forensic Sciences, the Na- support of the entire criminal justice from Georgia (Mr. BISHOP), I withdraw tional Association of Medical Exam- community. While calling on States to do as much as possible to alleviate the my reservation of objection. iners, the International Association of The SPEAKER pro tempore (Mr. Police Chiefs, the Fraternal Order of shortages, the coalition has also point- ed out that this is a problem of na- THORNBERRY). Is there objection to the Police, the National Organization of request of the gentleman from Florida? Black Law Enforcement Executives, tional concern. And it is appropriate for the Federal Government to con- There was no objection. and the National Association of Coun- The Clerk read the Senate bill, as fol- tribute to the solution. ties. lows: The result is the National Forensic This act will clear the crippling S. 3045 backlogs in the forensic labs. In turn, Sciences Improvement Act which I, a Democrat, and the late Paul Coverdell, Be it enacted by the Senate and House of Rep- it will help exonerate the innocent, resentatives of the United States of America in convict the guilty, and restore con- a Republican, introduced in our respec- Congress assembled, fidence in our criminal justice system. tive Chambers, backed by strong bipar- SECTION 1. SHORT TITLE. It is an important bill, and I certainly tisan cosponsorship. Following the This Act may be cited as the ‘‘Paul Cover- urge my colleagues to support it. tragic loss of Senator Coverdell, the dell National Forensic Sciences Improve- Mr. SCOTT. Mr. Speaker, further re- sponsors dedicated this measure in ment Act of 2000’’. serving the right to object, I yield to memory of our esteemed friend and SEC. 2. IMPROVING THE QUALITY, TIMELINESS, the distinguished gentleman from colleague from Georgia. AND CREDIBILITY OF FORENSIC SCIENCE SERVICES FOR CRIMINAL Georgia (Mr. BISHOP), who has worked This proposal simply provides block JUSTICE PURPOSES. extremely hard on this particular legis- grants to States. To my knowledge, (a) DESCRIPTION OF DRUG CONTROL AND SYS- lation. there is no real opposition to the bill’s TEM IMPROVEMENT GRANT PROGRAM.—Section

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501(b) of title I of the Omnibus Crime Control and procedures, established by accrediting ‘‘(c) FACILITIES COSTS.— and Safe Streets Act of 1968 (42 U.S.C. 375(b)) organizations; and ‘‘(1) STATES RECEIVING MINIMUM GRANT is amended— ‘‘(3) a specific description of any new facil- AMOUNT.—With respect to a State that re- (1) in paragraph (25), by striking ‘‘and’’ at ity to be constructed as part of the program ceives a grant under this part in an amount the end; described in paragraph (1), and the estimated that does not exceed 0.6 percent of the total (2) in paragraph (26), by striking the period costs of that facility, and a certification that amount made available to carry out this at the end and inserting ‘‘; and’’; and the amount of the grant used for the costs of part for a fiscal year, not more than 80 per- (3) by adding at the end the following: the facility will not exceed the limitations cent of the total amount of the grant may be ‘‘(27) improving the quality, timeliness, set forth in section 2804(c). used for the costs of any new facility con- and credibility of forensic science services ‘‘SEC. 2803. ALLOCATION. structed as part of a program described in for criminal justice purposes.’’. ‘‘(a) IN GENERAL.— subsection (a). (b) STATE APPLICATIONS.—Section 503(a) of ‘‘(1) POPULATION ALLOCATION.—Seventy-five ‘‘(2) OTHER STATES.—With respect to a title I of the Omnibus Crime Control and percent of the amount made available to State that receives a grant under this part in Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is carry out this part in each fiscal year shall an amount that exceeds 0.6 percent of the amended by adding at the end the following: be allocated to each State that meets the re- total amount made available to carry out ‘‘(13) If any part of the amount received quirements of section 2802 so that each State this part for a fiscal year— from a grant under this part is to be used to shall receive an amount that bears the same ‘‘(A) not more than 80 percent of the improve the quality, timeliness, and credi- ratio to the 75 percent of the total amount amount of the grant up to that 0.6 percent bility of forensic science services for crimi- made available to carry out this part for may be used for the costs of any new facility nal justice purposes, a certification that, as that fiscal year as the population of the constructed as part of a program described in of the date of enactment of this paragraph, State bears to the population of all States. subsection (a); and the State, or unit of local government within ‘‘(2) DISCRETIONARY ALLOCATION.—Twenty- ‘‘(B) not more than 40 percent of the the State, has an established— five percent of the amount made available to amount of the grant in excess of that 0.6 per- ‘‘(A) forensic science laboratory or forensic carry out this part in each fiscal year shall cent may be used for the costs of any new fa- science laboratory system, that— be allocated pursuant to the Attorney Gen- cility constructed as part of a program de- ‘‘(i) employs 1 or more full-time sci- eral’s discretion to States with above aver- scribed in subsection (a). entists— age rates of part 1 violent crimes based on ‘‘(d) ADMINISTRATIVE COSTS.—Not more ‘‘(I) whose principal duties are the exam- the average annual number of part 1 violent than 10 percent of the total amount of a ination of physical evidence for law enforce- crimes reported by such State to the Federal grant awarded under this part may be used ment agencies in criminal matters; and Bureau of Investigation for the 3 most recent for administrative expenses. ‘‘(II) who provide testimony with respect calendar years for which such data is avail- ‘‘SEC. 2805. ADMINISTRATIVE PROVISIONS. to such physical evidence to the criminal able. ‘‘(a) REGULATIONS.—The Attorney General justice system; ‘‘(3) MINIMUM REQUIREMENT.—Each State may promulgate such guidelines, regula- ‘‘(ii) employs generally accepted practices shall receive not less than 0.6 percent of the tions, and procedures as may be necessary to and procedures, as established by appro- amount made available to carry out this carry out this part, including guidelines, reg- priate accrediting organizations; and part in each fiscal year. ulations, and procedures relating to the sub- ‘‘(iii) is accredited by the Laboratory Ac- mission and review of applications for grants ‘‘(4) PROPORTIONAL REDUCTION.—If the under section 2802. creditation Board of the American Society of amounts available to carry out this part in ‘‘(b) EXPENDITURE RECORDS.— Crime Laboratory Directors or the National each fiscal year are insufficient to pay in full ‘‘(1) RECORDS.—Each State, or unit of local Association of Medical Examiners, or will the total payment that any State is other- government within the State, that receives a use a portion of the grant amount to prepare wise eligible to receive under paragraph (3), grant under this part shall maintain such and apply for such accreditation by not later then the Attorney General shall reduce pay- records as the Attorney General may require than 2 years after the date on which a grant ments under paragraph (1) for such payment to facilitate an effective audit relating to is initially awarded under this paragraph; or period to the extent of such insufficiency. the receipt of the grant, or the use of the ‘‘(B) medical examiner’s office (as defined Reductions under the preceding sentence grant amount. by the National Association of Medical Ex- shall be allocated among the States (other ‘‘(2) ACCESS.—The Attorney General and aminers) that— than States whose payment is determined the Comptroller General of the United ‘‘(i) employs generally accepted practices under paragraph (3)) in the same proportions States, or a designee thereof, shall have ac- and procedures, as established by appro- as amounts would be allocated under para- cess, for the purpose of audit and examina- priate accrediting organizations; and graph (1) without regard to paragraph (3). tion, to any book, document, or record of a ‘‘(ii) is accredited by the Laboratory Ac- ‘‘(b) STATE DEFINED.—In this section, the State, or unit of local government within the creditation Board of the American Society of term ‘State’ means each of the several State, that receives a grant under this part, Crime Laboratory Directors or the National States, the District of Columbia, the Com- if, in the determination of the Attorney Gen- Association of Medical Examiners, or will monwealth of Puerto Rico, the Virgin Is- eral, Comptroller General, or designee there- use a portion of the grant amount to prepare lands, American Samoa, Guam, and the Com- of, the book, document, or record is related and apply for such accreditation by not later monwealth of the Northern Mariana Islands, to the receipt of the grant, or the use of the than 2 years after the date on which a grant except that— grant amount. is initially awarded under this paragraph.’’. ‘‘(1) for purposes of the allocation under (c) PAUL COVERDELL FORENSIC SCIENCES IM- this section, American Samoa and the Com- ‘‘SEC. 2806. REPORTS. ‘‘(a) REPORTS TO ATTORNEY GENERAL.—For PROVEMENT GRANTS.— monwealth of the Northern Mariana Islands each fiscal year for which a grant is awarded (1) IN GENERAL.—Title I of the Omnibus shall be considered as 1 State; and under this part, each State that receives Crime Control and Safe Streets Act of 1968 ‘‘(2) for purposes of paragraph (1), 67 per- such a grant shall submit to the Attorney (42 U.S.C. 3711 et seq.) is amended by adding cent of the amount allocated shall be allo- at the end the following: General a report, at such time and in such cated to American Samoa, and 33 percent manner as the Attorney General may reason- ‘‘PART BB—PAUL COVERDELL FORENSIC shall be allocated to the Commonwealth of SCIENCES IMPROVEMENT GRANTS ably require, which report shall include— the Northern Mariana Islands. ‘‘(1) a summary and assessment of the pro- ‘‘SEC. 2801. GRANT AUTHORIZATION. ‘‘SEC. 2804. USE OF GRANTS. gram carried out with the grant; ‘‘The Attorney General shall award grants ‘‘(a) IN GENERAL.—A State that receives a ‘‘(2) the average number of days between to States in accordance with this part. grant under this part shall use the grant to submission of a sample to a forensic science ‘‘SEC. 2802. APPLICATIONS. carry out all or a substantial part of a pro- laboratory or forensic science laboratory ‘‘To request a grant under this part, a gram intended to improve the quality and system in that State operated by the State State shall submit to the Attorney General— timeliness of forensic science or medical ex- or by a unit of local government and the de- ‘‘(1) a certification that the State has de- aminer services in the State, including such livery of test results to the requesting office veloped a consolidated State plan for foren- services provided by the laboratories oper- or agency; and sic science laboratories operated by the ated by the State and those operated by ‘‘(3) such other information as the Attor- State or by other units of local government units of local government within the State. ney General may require. within the State under a program described ‘‘(b) PERMITTED CATEGORIES OF FUNDING.— ‘‘(b) REPORTS TO CONGRESS.—Not later than in section 2804(a), and a specific description Subject to subsections (c) and (d), a grant 90 days after the last day of each fiscal year of the manner in which the grant will be awarded under this part— for which 1 or more grants are awarded under used to carry out that plan; ‘‘(1) may only be used for program expenses this part, the Attorney General shall submit ‘‘(2) a certification that any forensic relating to facilities, personnel, comput- to the Speaker of the House of Representa- science laboratory system, medical exam- erization, equipment, supplies, accreditation tives and the President pro tempore of the iner’s office, or coroner’s office in the State, and certification, education, and training; Senate, a report, which shall include— including any laboratory operated by a unit and ‘‘(1) the aggregate amount of grants award- of local government within the State, that ‘‘(2) may not be used for any general law ed under this part for that fiscal year; and will receive any portion of the grant amount enforcement or nonforensic investigatory ‘‘(2) a summary of the information pro- uses generally accepted laboratory practices function. vided under subsection (a).’’.

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.008 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12031

(2) AUTHORIZATION OF APPROPRIATIONS.— (8) experience has shown that it is not un- Senate amendment: (A) IN GENERAL.—Section 1001(a) of title I duly burdensome to make DNA testing avail- Page 26, after line 6, insert: of the Omnibus Crime Control and Safe able to inmates in appropriate cases; SEC. 11. SENSE OF CONGRESS REGARDING THE Streets Act of 1968 (42 U.S.C. 3753(a)) is (9) under current Federal and State law, it OBLIGATION OF GRANTEE STATES amended by adding at the end the following: is difficult to obtain post-conviction DNA TO ENSURE ACCESS TO POST-CON- ‘‘(24) There are authorized to be appro- testing because of time limits on introducing VICTION DNA TESTING AND COM- PETENT COUNSEL IN CAPITAL priated to carry out part BB, to remain newly discovered evidence; CASES. available until expended— (10) the National Commission on the Fu- (a) FINDINGS.—Congress finds that— ‘‘(A) $35,000,000 for fiscal year 2001; ture of DNA Evidence, a Federal panel estab- (1) over the past decade, deoxyribo-nucleic ‘‘(B) $85,400,000 for fiscal year 2002; lished by the Department of Justice and acid testing (referred to in this section as ‘‘DNA ‘‘(C) $134,733,000 for fiscal year 2003; comprised of law enforcement, judicial, and testing’’) has emerged as the most reliable foren- ‘‘(D) $128,067,000 for fiscal year 2004; scientific experts, has urged that post-con- sic technique for identifying criminals when bio- ‘‘(E) $56,733,000 for fiscal year 2005; and viction DNA testing be permitted in the rel- logical material is left at a crime scene; ‘‘(F) $42,067,000 for fiscal year 2006.’’. atively small number of cases in which it is (2) because of its scientific precision, DNA (B) BACKLOG ELIMINATION.—There is au- appropriate, notwithstanding procedural testing can, in some cases, conclusively establish thorized to be appropriated $30,000,000 for fis- rules that could be invoked to preclude such the guilt or innocence of a criminal defendant; cal year 2001 for the elimination of DNA con- testing, and notwithstanding the inability of (3) in other cases, DNA testing may not con- victed offender database sample backlogs an inmate to pay for the testing; clusively establish guilt or innocence, but may and for other related purposes, as provided in (11) only a few States have adopted post- have significant probative value to a finder of the Departments of Commerce, Justice, and conviction DNA testing procedures; fact; State, the Judiciary, and Related Agencies (12) States have received millions of dol- (4) DNA testing was not widely available in Appropriations Act, 2001. lars in DNA-related grants, and more fund- cases tried prior to 1994; (3) TABLE OF CONTENTS.—Title I of the Om- ing is needed to improve State forensic fa- (5) new forensic DNA testing procedures have nibus Crime Control and Safe Streets Act of cilities and to reduce the nationwide backlog made it possible to get results from minute sam- 1968 (42 U.S.C. 3711 et seq.) is amended by of DNA samples from convicted offenders and ples that could not previously be tested, and to striking the table of contents. crime scenes that need to be tested or re- obtain more informative and accurate results (4) REPEAL OF 20 PERCENT FLOOR FOR CITA tested using upgraded methods; than earlier forms of forensic DNA testing could CRIME LAB GRANTS.—Section 102(e)(2) of the (13) States that accept such financial as- produce, resulting in some cases of convicted in- Crime Identification Technology Act of 1998 sistance should not deny the promise of mates being exonerated by new DNA tests after (42 U.S.C. 14601(e)(2)) is amended— truth and justice for both sides of our adver- earlier tests had failed to produce definitive re- (A) in subparagraph (B), by adding ‘‘and’’ sarial system that DNA testing offers; sults; at the end; and (14) post-conviction DNA testing and other (6) DNA testing can and has resulted in the (B) by striking subparagraph (C) and redes- post-conviction investigative techniques post-conviction exoneration of more than 75 in- ignating subparagraph (D) as subparagraph have shown that innocent people have been nocent men and women, including some under (C). sentenced to death in this country; sentence of death; SEC. 3. CLARIFICATION REGARDING CERTAIN (15) a constitutional error in capital cases (7) in more than a dozen cases, post-convic- CLAIMS. is incompetent defense lawyers who fail to tion DNA testing that has exonerated an inno- cent person has also enhanced public safety by (a) IN GENERAL.—Section 983(a)(2)(C)(ii) of present important evidence that the defend- title 18, United States Code, is amended by ant may have been innocent or does not de- providing evidence that led to the apprehension striking ‘‘(and provide customary documen- serve to be sentenced to death; and of the actual perpetrator; (8) experience has shown that it is not unduly tary evidence of such interest if available) (16) providing quality representation to de- burdensome to make DNA testing available to and state that the claim is not frivolous’’. fendants facing loss of liberty or life is essen- tial to fundamental due process and the inmates in appropriate cases; (b) EFFECTIVE DATE.—The amendment (9) under current Federal and State law, it is made by this section shall take effect as if speedy final resolution of judicial pro- ceedings. difficult to obtain post-conviction DNA testing included in the amendment made by section because of time limits on introducing newly dis- 2(a) of Public Law 106–185. (b) SENSE OF CONGRESS.—It is the sense of Congress that— covered evidence; SEC. 4. SENSE OF CONGRESS REGARDING THE (1) Congress should condition forensic (10) the National Commission on the Future of OBLIGATION OF GRANTEE STATES science-related grants to a State or State fo- DNA Evidence, a Federal panel established by TO ENSURE ACCESS TO POST-CON- rensic facility on the State’s agreement to the Department of Justice and comprised of law VICTION DNA TESTING AND COM- enforcement, judicial, and scientific experts, has PETENT COUNSEL IN CAPITAL ensure post-conviction DNA testing in appro- CASES. priate cases; and urged that post-conviction DNA testing be per- mitted in the relatively small number of cases in (a) FINDINGS.—Congress finds that— (2) Congress should work with the States which it is appropriate, notwithstanding proce- (1) over the past decade, deoxyribonucleic to improve the quality of legal representa- dural rules that could be invoked to preclude acid testing (referred to in this section as tion in capital cases through the establish- such testing, and notwithstanding the inability ‘‘DNA testing’’) has emerged as the most re- ment of standards that will assure the time- of an inmate to pay for the testing; liable forensic technique for identifying ly appointment of competent counsel with (11) only a few States have adopted post-con- criminals when biological material is left at adequate resources to represent defendants viction DNA testing procedures; a crime scene; in capital cases at each stage of the pro- ceedings. (12) States have received millions of dollars in (2) because of its scientific precision, DNA DNA-related grants, and more funding is needed testing can, in some cases, conclusively es- The Senate bill was ordered to be to improve State forensic facilities and to reduce tablish the guilt or innocence of a criminal read a third time, was read the third the nationwide backlog of DNA samples from defendant; time, and passed, and a motion to re- convicted offenders and crime scenes that need (3) in other cases, DNA testing may not consider was laid on the table. to be tested or retested using upgraded methods; conclusively establish guilt or innocence, f (13) States that accept such financial assist- but may have significant probative value to ance should not deny the promise of truth and a finder of fact; DNA ANALYSIS BACKLOG justice for both sides of our adversarial system (4) DNA testing was not widely available in ELIMINATION ACT OF 2000 that DNA testing offers; cases tried prior to 1994; (14) post-conviction DNA testing and other (5) new forensic DNA testing procedures Mr. MCCOLLUM. Mr. Speaker, I ask post-conviction investigative techniques have have made it possible to get results from unanimous consent to take from the shown that innocent people have been sentenced minute samples that could not previously be Speaker’s table the bill (H.R. 4640) to to death in the United States; tested, and to obtain more informative and make grants to States for carrying out (15) a constitutional error in capital cases is accurate results than earlier forms of foren- DNA analyses for use in the Combined incompetent defense lawyers who fail to present sic DNA testing could produce, resulting in important evidence that the defendant may some cases of convicted inmates being exon- DNA Index System of the Federal Bu- have been innocent or does not deserve to be erated by new DNA tests after earlier tests reau of Investigation, to provide for sentenced to death; and had failed to produce definitive results; the collection and analysis of DNA (16) providing quality representation to de- (6) DNA testing can and has resulted in the samples from certain violent and sex- fendants facing the loss of liberty or life is es- post-conviction exoneration of more than 75 ual offenders for use in such system, sential to fundamental due process and the innocent men and women, including some and for other purposes, with a Senate speedy final resolution of judicial proceedings. under sentence of death; amendment thereto, and concur in the (b) SENSE OF CONGRESS.—It is the sense of (7) in more than a dozen cases, post-convic- Congress that— tion DNA testing that has exonerated an in- Senate amendment. (1) Congress should condition forensic science- nocent person has also enhanced public safe- The Clerk read the title of the bill. related grants to a State or State forensic facil- ty by providing evidence that led to the ap- The Clerk read the Senate amend- ity on the State’s agreement to ensure post-con- prehension of the actual perpetrator; ment as follows: viction DNA testing in appropriate cases; and

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 6333 E:\CR\FM\A07DE7.008 pfrm09 PsN: H07PT1 H12032 CONGRESSIONAL RECORD — HOUSE December 7, 2000 (2) Congress should work with the States to lation, which will meet the needs of prosecu- concluded through the elimination of both improve the quality of legal representation in tors, law enforcement, and victims throughout backlogs is unknown. However, if one more capital cases through the establishment of our Nation. case is solved and one more violent offender standards that will assure the timely appoint- Mr. Speaker, in 1994, the Congress passed ment of competent counsel with adequate re- is detained because of our efforts, we have sources to represent defendants in capital cases the DNA Identification Act, which authorized succeeded. at each stage of those proceedings. the construction of the combined DNA index In conclusion, we must ensure that our Na- Mr. McCOLLUM (during the reading). system, or CODIS, to assist our Federal, State tion's law enforcement has the equipment and Mr. Speaker, I ask unanimous consent and local law enforcement agencies in fighting support necessary to fight violent crime and that the Senate amendment be consid- violent crime throughout the Nation. CODIS is protect our communities. The DNA Analysis a master database for all law enforcement ered as read and printed in the RECORD. Backlog Elimination Act will assist our local, The SPEAKER pro tempore. Is there agencies to submit and retrieve DNA samples State and Federal law enforcement personnel objection to the request of the gen- of convicted violent offenders. Since beginning by ensuring that crucial resources are pro- tleman from Florida? its operation in 1998, the system has worked vided to our DNA data-banks and crime lab- There was no objection. extremely well in assisting law enforcement by oratories. The SPEAKER pro tempore. Is there matching DNA evidence with possible sus- Accordingly, I urge full support for the meas- objection to the original request of the pects and has accounted for the capture of ure. gentleman from Florida? over 200 suspects in unsolved violent crimes. Mr. SCOTT. Mr. Speaker, I withdraw Mr. SCOTT. Mr. Speaker, reserving However, because of the high volume of my reservation of objection. the right to object, I yield to the gen- convicted offender samples needed to be ana- The SPEAKER pro tempore. Is there tleman from Florida to explain the lyzed, a nationwide backlog of approximately objection to the original request of the purpose of his request. 600,000 unanalyzed convicted offender DNA gentleman from Florida? Mr. MCCOLLUM. I thank the gen- samples has formed. Furthermore, because There was no objection. tleman from Virginia (Mr. SCOTT) for the program has been so vital in assisting A motion to reconsider was laid on yielding. crime fighting and prevention efforts, our the table. Mr. Speaker, I introduced the bill, States are expanding their collection efforts. f H.R. 4640, which is the subject of this Recently, New York State Governor George INTERSTATE TRANSPORTATION OF request, the DNA Analysis Backlog Pataki enacted legislation to expand the DANGEROUS CRIMINALS ACT OF Elimination Act, together with the State's collection of DNA samples to require 2000 gentleman from Virginia (Mr. SCOTT) all violent felons and a number of non-violent as the ranking minority member, the felony offenders, and, earlier this year, the use Mr. MCCOLLUM. Mr. Speaker, I ask gentleman from Ohio (Mr. CHABOT), the of the expanded system resulted in charges unanimous consent that the Com- gentleman from New York (Mr. being filed in a 20-year-old Westchester Coun- mittee on the Judiciary be discharged WEINER), and the gentleman from New ty murder. from further consideration of the Sen- York (Mr. GILMAN) to address a very State forensic laboratories have also accu- ate bill (S. 1898) to provide protection important problem, the massive back- mulated a backlog of evidence for cases for against the risks to the public that are log of biological samples awaiting DNA which there are no suspects. These are evi- inherent in the interstate transpor- analysis in the States. This bill will dence ``kits'' for unsolved violent crimes which tation of violent prisoners, and ask for authorize the appropriation of Federal are stored away because our State forensic its immediate consideration in the funds to be awarded to States in order laboratories do not have the support nec- House. to clear this backlog. It also gives the essary to analyze them and compare the evi- The Clerk read the title of the Senate Federal Government much needed au- dence to our nationwide data bank. Presently, bill. thority to take DNA samples from cer- there are approximately 12,000 rape cases in The SPEAKER pro tempore. Is there tain Federal offenders and include New York City alone, and, it is estimated, ap- objection to the request of the gen- them in the FBI’s national database of proximately 180,000 rape cases nationwide, tleman from Florida? convicted offender samples that which are unsolved and unanalyzed. This Mr. SCOTT. Mr. Speaker, reserving matches known offenders to crimes number represents a dismal future for the suc- the right to object, I yield to the gen- where the perpetrator is yet to be dis- cess of CODIS and reflects the growing prob- tleman from Florida to explain the covered. lem facing our law enforcement community. purpose of his request. The bill was first passed by the House The DNA Analysis Backlog Elimination Act will Mr. MCCOLLUM. I thank the gen- by voice vote on October 2. The other provide States with the support necessary to tleman for yielding. body passed the bill by unanimous con- combat these growing backlogs. The success- Mr. Speaker, this bill, S. 1898, is the sent yesterday. In the other body, the ful elimination of both the convicted violent of- Interstate Transportation of Dan- bill was slightly amended in one re- fender backlog and the unsolved casework gerous Criminals Act of 2000, also gard: It added a sense of the Congress backlog will play a major role in the future of known as Jeanna’s Act, which passed concerning the use of DNA evidence in our State's crime prevention and law enforce- the other body by unanimous consent certain cases. The sense of the Con- ment efforts. on October 25 of this year. gress is identical to that contained in The DNA Analysis Backlog Elimination Act Every year thousands of violent fel- S. 3045, the bill just passed by the will also provide funding to the Federal Bureau ons are moved from prison to prison on House. So I see no problem with it at of Investigation to eliminate their unsolved our Nation’s highways. Many of these all. I think it is a very important bill casework backlog and close a loophole cre- criminals are transported by the U.S. that the gentleman and I have worked ated by the original legislation. Although all 50 Marshals Service and the Federal Bu- on for some time. I would urge my col- States require DNA collection from designated reau of Prisons. However, as the num- leagues to support it. convicted offenders, for some inexplicable rea- ber of criminals in State prisons con- Mr. SCOTT. Mr. Speaker, this is the son, convicted Federal, District of Columbia tinues to rise, many States now rely bill we passed, and the Senate amend- and military offenders are exempt, H.R. 4640 heavily on private prisoner transpor- ment improved the bill. closes that loophole by requiring the collection tation companies to move prisoners Mr. GILMAN. Mr. Speaker, I would like to of samples from any Federal, Military, or D.C. from State to State. Because there is express my gratitude to Chairman MCCOLLUM offender convicted of a violent crime. no uniform set of standards and proce- for his dedication and diligence in bringing Mr. Speaker, as you are aware, our Nation's dures for these prisoner transport com- H.R. 4640, the DNA Analysis Backlog Elimi- fight against crime is never over. Everyday, panies to follow, the results are some- nation Act, to the floor today, and am pleased the use of DNA evidence is becoming a more times disastrous when prisoners es- that this legislation reflects many of the provi- important tool to our Nation's law enforcement cape. sions outlined in my measure, H.R. 3375, the in solving crimes, convicting the guilty and ex- A major reason for escapes from pris- Convicted Offender DNA Index System Sup- onerating the innocent. The Justice Depart- oner transport companies is the lack of port Act. I've had the pleasure of working ment estimates that erasing the convicted of- approved standards for the private closely with him, Ranking Member SCOTT, and fender backlog nationwide could resolve at transport of dangerous prisoners. Any- Representatives RAMSTAD, STUPAK, KENNEDY, least 600 cases. The true amount of unsolved one with a vehicle and a driver’s li- WEINER, and CHABOT, in developing this legis- cases, both State and Federal, which may be cense can engage in this business and

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.007 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12033 with very little accountability when There was no objection. (2) Minimum standards for the length and things go wrong. The Clerk read the Senate bill, as fol- type of training that employees must under- S. 1898 seeks to increase public safety lows: go before they can transport prisoners not to by requiring the Attorney General to S. 1898 exceed 100 hours of preservice training focus- ing on the transportation of prisoners. Be it enacted by the Senate and House of Rep- establish minimum standards and re- Training shall be in the areas of use of re- resentatives of the United States of America in quirements for companies engaging in straints, searches, use of force, including use Congress assembled, the business of transporting violent of- of appropriate weapons and firearms, CPR, fenders. S. 1898 provides that any per- SECTION 1. SHORT TITLE. map reading, and defensive driving. This Act may be cited as the ‘‘Interstate son who violates the regulations to be (3) Restrictions on the number of hours Transportation of Dangerous Criminals Act that employees can be on duty during a promulgated by the Attorney General of 2000’’ or ‘‘Jeanna’s Act’’. shall be liable for a civil penalty in an given time period. Such restriction shall not SEC. 2. FINDINGS. be more stringent than current applicable amount not to exceed $10,000 for each Congress finds the following: rules and regulations concerning hours of (1) Increasingly, States are turning to pri- violation and shall make restitution to service promulgated under the Federal vate prisoner transport companies as an al- the government for the money ex- Motor Vehicle Safety Act. ternative to their own personnel or the pended to apprehend any prisoner who (4) Minimum standards for the number of United States Marshals Service when trans- escapes. personnel that must supervise violent pris- porting violent prisoners. Mr. Speaker, it is absolutely essen- oners. Such standards shall provide the (2) The transport process can last for days transport entity with appropriate discretion, tial that we put in place minimum if not weeks, as violent prisoners are dropped and, absent more restrictive requirements standards for the transport of prisoners off and picked up at a network of hubs across contracted for by the procuring government by private transport companies. S. 1898 the country. entity, shall not exceed a requirement of 1 will do that. I certainly urge my col- (3) Escapes by violent prisoners during agent for every 6 violent prisoners. transport by private prisoner transport com- leagues to support this legislation. (5) Minimum standards for employee uni- panies have occurred. I might add that this is probably the forms and identification that require wear- (4) Oversight by the Attorney General is final bill, I would assume it will be, of ing of a uniform with a badge or insignia required to address these problems. this Congress that comes forward that identifying the employee as a transportation (5) While most governmental entities may the Subcommittee on Crime of the officer. prefer to use, and will continue to use, fully (6) Standards establishing categories of Committee on the Judiciary produces trained and sworn law enforcement officers violent prisoners required to wear brightly here on the House floor. It is also the when transporting violent prisoners, fiscal or colored clothing clearly identifying them as final one that I think I will get to offer logistical concerns may make the use of prisoners, when appropriate. as a Member of this body. I want to highly specialized private prisoner transport (7) Minimum requirements for the re- companies an option. Nothing in this Act thank the gentleman from Virginia straints that must be used when trans- should be construed to mean that govern- (Mr. SCOTT) in particular and all the porting violent prisoners, to include leg mental entities should contract with private members of the Subcommittee on shackles and double-locked handcuffs, when prisoner transport companies to move vio- Crime of the Committee on the Judici- appropriate. lent prisoners; however when a government (8) A requirement that when transporting ary and our staffs on both sides for entity opts to use a private prisoner trans- violent prisoners, private prisoner transport their wonderful cooperation over the port company to move violent prisoners, companies notify local law enforcement offi- past 2 years, for that matter over the then the company should be subject to regu- cials 24 hours in advance of any scheduled past 6 years, I have been privileged to lation in order to enhance public safety. stops in their jurisdiction. be chairman of the Subcommittee on SEC. 3. DEFINITIONS. (9) A requirement that in the event of an Crime. This is one of a series of many In this Act: escape by a violent prisoner, private prisoner products that we have produced and (1) CRIME OF VIOLENCE.—The term ‘‘crime transport company officials shall imme- has been done often, as many of these of violence’’ has the same meaning as in sec- diately notify appropriate law enforcement tion 924(c)(3) of title 18, United States Code. pieces of legislation have, in very bi- officials in the jurisdiction where the escape (2) PRIVATE PRISONER TRANSPORT COM- partisan, cooperative fashion with the occurs, and the governmental entity that PANY.—The term ‘‘private prisoner transport contracted with the private prisoner trans- gentleman from Virginia and the other company’’ means any entity, other than the members. I want to thank him for that. port company for the transport of the es- United States, a State, or an inferior polit- caped violent prisoner. It is not a controversial bill as many ical subdivision of a State, which engages in (10) Minimum standards for the safety of are not, but it has been a great privi- the business of the transporting for com- violent prisoners in accordance with applica- lege to serve in this body and a great pensation, individuals committed to the cus- ble Federal and State law. privilege to have served as chairman of tody of any State or of an inferior political (c) FEDERAL STANDARDS.—Except for the subdivision of a State, or any attempt there- requirements of subsection (b)(6), the regula- this subcommittee. of. Mr. SCOTT. Mr. Speaker, reclaiming tions promulgated under this Act shall not (3) VIOLENT PRISONER.—The term ‘‘violent my time, I would first point out that as provide stricter standards with respect to prisoner’’ means any individual in the cus- private prisoner transport companies than the gentleman from Florida men- tody of a State or an inferior political sub- are applicable, without exception, to the tioned, this bill addresses important division of a State who has previously been United States Marshals Service, Federal Bu- concerns and therefore ought to be convicted of or is currently charged with a reau of Prisons, and the Immigration and passed. crime of violence or any similar statute of a Naturalization Service when transporting Let me congratulate the gentleman State or the inferior political subdivisions of violent prisoners under comparable cir- from Florida for his tireless efforts a State, or any attempt thereof. cumstances. over the past few years as chairman of SEC. 4. FEDERAL REGULATION OF PRISONER SEC. 5. ENFORCEMENT. TRANSPORT COMPANIES. (a) PENALTY.—Any person who is found in the Subcommittee on Crime and for his (a) IN GENERAL.—Not later than 180 days violation of the regulations established by ability to work constructively even after the date of enactment of this Act, the this Act shall— with those who disagreed with him on Attorney General, in consultation with the (1) be liable to the United States for a civil the particular bills, constructively on American Correctional Association and the penalty in an amount not to exceed $10,000 working towards fashioning legislation private prisoner transport industry, shall for each violation and, in addition, to the that would help the Nation. He has led promulgate regulations relating to the United States for the costs of prosecution; transportation of violent prisoners in or af- and the effort in addressing the Congress’ fecting interstate commerce. efforts on the issue of crime. He has (2) make restitution to any entity of the (b) STANDARDS AND REQUIREMENTS.—The United States, of a State, or of an inferior done it in a constructive way. We have regulations shall include the following: political subdivision of a State, which ex- been able to work together even when (1) Minimum standards for background pends funds for the purpose of apprehending we disagreed. For that, Mr. Speaker, I checks and preemployment drug testing for any violent prisoner who escapes from a pris- want to thank the gentleman for his potential employees, including requiring oner transport company as the result, in service and wish him well. criminal background checks, to disqualify whole or in part, of a violation of regulations persons with a felony conviction or domestic promulgated pursuant to section 4(a). Mr. Speaker, I withdraw my reserva- violence conviction as defined by section 921 tion of objection. of title 18, United States Code, for eligibility The Senate bill was ordered to be The SPEAKER pro tempore. Is there for employment. Preemployment drug test- read a third time, was read the third objection to the request of the gen- ing will be in accordance with applicable time, and passed, and a motion to re- tleman from Florida? State laws. consider was laid on the table.

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.032 pfrm09 PsN: H07PT1 H12034 CONGRESSIONAL RECORD — HOUSE December 7, 2000 REMEMBERING PEARL HARBOR WORKING TOGETHER ON ENERGY adopting it. It just does not seem right, DAY AND OUR NATION’S HEROES POLICY as we have the current situation in (Mr. GIBBONS asked and was given (Mr. KNOLLENBERG asked and was Florida, where all the electoral votes permission to address the House for 1 given permission to address the House of that State hinge on a few hundred minute and to revise and extend his re- for 1 minute and to revise and extend votes either way. marks.) his remarks.) So I offer these two proposals as a way to begin the discussion and further Mr. GIBBONS. Mr. Speaker, on this Mr. KNOLLENBERG. Mr. Speaker, this debate. There is a place for tradi- day in 1941, Japan attacked and despite years of record economic ex- tion in our country and a place for re- launched a sudden stealth attack on pansion, there are storm clouds gath- form, and I think these proposals offer the United States by bombing the ering on the horizon. One of those dark an equitable balance between the two. naval base in Pearl Harbor, Hawaii. clouds is American energy policy, This sneak attack on Pearl Harbor which for the last 8 years has been, in f effect, an anti-energy policy, thwarting caused widespread destruction and ANNOUNCEMENT BY THE SPEAKER domestic energy supplies and driving death, similar to the devastation and PRO TEMPORE destruction that would become an all up costs with needless regulations. too unfortunate characteristic of World As winter sets in, natural gas and The SPEAKER pro tempore (Mr. War II. crude oil prices are at record levels and THORNBERRY). The Chair will proceed to recognize Members for Special Order This day, which will live in infamy, it is the American worker who must speeches without prejudice to the pos- began our Nation’s involvement in a shoulder these increases. As Governor sible resumption of legislative busi- war which Americans will never forget. Bush points out, we need to unite ness. Our World War II veterans served our across party lines and work together Nation proudly and made great sac- for the American people. Formulating f a new domestic energy policy is a per- rifices to protect our country and our SPECIAL ORDERS future. As a veteran myself, I greatly fect place to start. admire the courage and fortitude of Together we can ensure that new en- The SPEAKER pro tempore. Under those who served in World War II. ergy technologies receive proper R&D the Speaker’s announced policy of Jan- uary 6, 1999, and under a previous order The United States is the leader of the funding. We can reduce our over-reli- of the House, the following Members world today because of their valiant ance on foreign oil through environ- will be recognized for 5 minutes each. contributions. On this solemn day, Mr. mentally sound domestic production. Speaker, I encourage every Member to We can reduce pollution without re- f take a moment and recognize the serv- sorting to flawed emissions trading The SPEAKER pro tempore. Under a ice and sacrifice of our veterans, espe- schemes; and we can combine forces to previous order of the House, the gen- cially those Americans who had to wit- see that clean coal, natural gas, nu- tleman from Washington (Mr. ness two world wars in one century. clear, and hydro continue to provide METCALF) is recognized for 5 minutes. You made our Nation what it is today. the reliable and safe energy that drives (Mr. METCALF addressed the House. We all thank you. the U.S. economy. His remarks will appear hereafter in f the Extensions of Remarks.) f ON ELECTORAL COLLEGE REFORM f (Mr. ENGEL asked and was given COMMENDING SOUTH DAKOTA’S TRIBUTE TO HIGHER EDUCATION permission to address the House for 1 WILL MERCHEN AND JOSH IN NEW JERSEY minute and to revise and extend his re- HEUPEL marks.) (Mr. PASCRELL asked and was given The SPEAKER pro tempore. Under permission to address the House for 1 Mr. ENGEL. Mr. Speaker, the elec- tion mess in Florida and the closeness the Speaker’s announced policy of Jan- minute and to revise and extend his re- uary 6, 1999, the gentleman from South marks.) of the election throughout the Nation has cemented the fact that we must re- Dakota (Mr. THUNE) is recognized for 60 Mr. PASCRELL. Mr. Speaker, it is minutes as the designee of the major- with great pride that I rise today and form the electoral college. Today, I have introduced legislation ity leader. bring attention to a report that was re- Mr. THUNE. Mr. Speaker, I come to cently released by the National Center to amend the Constitution to provide two middle-of-the-road options. Nei- the well of the House today to pay spe- for Public Policy and Higher Edu- cial tribute and recognition to two in- cation. The report, entitled ‘‘Meas- ther will totally scrap the system, yet both will allow the voters more of a credible South Dakotans. uring Up 2000,’’ found New Jersey is Mr. Speaker, I would like to share among the country’s best places to live voice in electing the President. The first resolution, or the propor- with you and my colleagues the stories for families that have college-bound tional plan, will change the electoral of two great young men from my great students in their household. college system by awarding electoral State. Both men have very different One reason is that New Jersey’s ele- votes in each State based on the per- lives; but their actions, leadership and mentary and secondary education rates centage of the popular vote gained by talents are far reaching, and I would are among the top in the Nation which each ticket in that State. For instance, like all of us to recognize them today. is what prepares our college-bound stu- if one candidate got 60 percent of the First, Mr. Speaker, I would like to dents. In fact, New Jersey students popular vote in a State, he would get 60 share with the body the story, the have a 92 percent high school gradua- percent of the electoral votes of that amazing story, about a young man tion rate and high SAT and advance State and the other candidate getting from Aberdeen, South Dakota. Josh placement scores. Fifty-four percent of 40 percent would get 40 percent of the Heupel is the son of Ken and Cindy high school freshmen enrolled in col- votes in that State. Heupel. Josh attends Oklahoma Uni- lege after completion of high school The second bill, or the district plan, versity in Norman, Oklahoma. This is and 39 percent of 18- to 24-year-olds en- will award one electoral vote to the the home district of my friend and col- rolled in college. candidate who wins in each congres- league, our conference cochair, the New Jersey’s institutions of higher sional district in the country with the gentleman from Oklahoma (Mr. learning also achieved high scores in additional two electoral votes of each WATTS). I point this out because I be- categories such as preparation, partici- State awarded to the winner of the lieve that the gentleman from Okla- pation, benefits, and affordability. popular vote in each State. homa (Mr. WATTS) and I share the same As a former teacher and Congress- appreciation for the type of person that man for the Eighth Congressional Dis- b 1530 Josh Heupel is. trict, I am very proud of this report. I This plan is already in place in Maine You see, Mr. Speaker, Josh Heupel is ask all the Members to read it. I think and Nebraska, and several State legis- not your ordinary student. From age 4, it would be very worthwhile. latures are going to be considering he has been submerged in the world of

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.034 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12035 football. He would go with his father, dent at the University of Oklahoma. He Will was in a compartment 15 feet Ken, then assistant coach at Aber- attends Bible study twice a week with from the site of the explosion. After deen’s Northern State University, to his sister, Andrea, a freshman at the being thrown to the floor, Will and his watch hours of football game film with university. Josh has dedicated himself crewmates raced to retrieve their other coaches. to civic duty. He makes visits to sick emergency equipment and began look- After playing football in high school, children. And just last year, Josh came ing for others. Donned in scuba gear, Josh considered himself lucky to play up with an idea to help area families in gloves and fire helmets with for Weber State in Ogden, Utah. There Norman, Oklahoma, with a food drive. headlamps, the three damage he red-shirted in 1996 and suffered a In the second year, they received more controlmen worked their way toward knee injury in 1997. He threw himself than 1,500 pounds of food and more the site. into two-a-day workouts, hoping to win than $5,000, all spearheaded by Josh Amidst the screams, the men helped the starting spot at Weaver, but in- Heupel. friends and officers, many of them jured himself again. A representative from the University wounded, to safety. They could not Josh moved on to Snow Junior Col- of Oklahoma told my office that one of save a senior chief, who spent his last lege in Ephraim, Utah, where he shared the things that most impressed him seconds alive with the men. Will and the starting quarterback position with about Josh was that on Media Day, his team used the Jaws of Life to cut the leading juco passer in the Nation. Josh Heupel stayed until every child half a dozen wounded sailors from In just 10 first halves that season, Josh and fan who wanted one got his auto- wreckage and debris. Then they began completed 153 of 258 passes for 2,308 graph. the task of removing bodies of their yards and 28 touchdowns. That was I think that his talent and skill on shipmates. In his words Will said, ‘‘We more than good enough for the Univer- the football field cannot overshadow called it search and rescue, but that sity of Oklahoma. They took on Josh this young man’s character. Josh was optimistic. Everyone knows what Heupel. And today, as leading quarter- Heupel is an outstanding young man we were doing. I will never, ever, for- back, Heupel, or ‘‘Hype’’ as his team- who is humble and deeply committed get.’’ mates call him, Josh has led Oklahoma to his faith. Will himself lost three very close to a 12 and 0 record and a trip to the Of course, Mr. Speaker, everyone friends in that tragedy. Orange Bowl for the national cham- from South Dakota, and I believe from But Will and his team’s job was not pionship showdown. He has completed Oklahoma as well, will be rooting for yet finished. They still needed to sta- 280 of 433 passes for 3,392 yards and 20 Josh Heupel on Saturday as the last bilize the ship from the rushing waters. touchdowns. He has at least one touch- votes for the Heisman Trophy are Will Merchen and damage controlmen down pass in all 24 of his career games counted. But in my book, the score is worked for 48 hours straight after the at Oklahoma, and has passed for more already final. Josh Heupel has won our blast to empty flooded compartments than 300 yards in 14 of them. hearts and our hopes. He does not need and save their shipmates. In the end, 17 He has already been named the Big 12 a Heisman Trophy to prove it. Josh sailors died, more than three dozen in- Heupel’s mom was right, Josh really is Conference Player of the Year, the jured, but because Will Merchen sur- the real thing. And for that, I wish Walter Camp Player of the Year, and vived, many of his shipmates are alive him, his family and his team the very the Sporting News College Football today. Player of the Year, and today he was best. Retired General William W. Crouch, a Mr. Speaker, I would also like to named the Associated Press College member of the special commission in- commend this afternoon another in- Player of the Year. vestigating the attack on the Cole, said Today, he and his mom, Cindy, his spiring South Dakotan. I would like to this of the damage control teams: ‘‘It dad, Ken, and his sister, Andrea, spend recognize a 20-year-old man by the was an inspired performance and one the day at ceremonies. Josh is in the name of Will Merchen of Rapid City, which every American should be proud running for the Maxwell Award, which South Dakota. of. Those sailors saved themselves, goes to the best player in college foot- Will graduated from Rapid City Cen- their shipmates, they saved the U.S.S. ball, and the Davey O’Brien National tral High School in 1999, married his Quarterback Award. high school sweetheart, Bethany, and Cole.’’ That is exactly what Will It is not surprising that Josh Heupel started a family. But Will was always Merchen did. This young man went be- is one of the four finalists for the nam- stirred by a sense of adventure. He yond the call of duty. ing of the best quarterback in the earned the highest position of Eagle Mr. Speaker, when Will took some country. This Saturday, Heupel will be Scout, and it was not a surprise to his well-deserved time off with his wife accompanied by his family and will be parents when he thought about joining Bethany, their 17-month-old daughter, awaiting the announcement of the next the United States Navy. In January Ellen, his parents, Bill and Betty, and Heisman Trophy winner. He is the only 1999, Will raised his right hand and his brother, Scott, in Black Hawk, South Dakotan ever to be considered made a decision that would change his South Dakota, he shared this with a and nominated for such a prestigious life dramatically. local reporter: ‘‘I joined the Navy be- award. You see, Mr. Speaker, 20-year-old cause my father was a first class petty His coach, Bob Stoops, calls him ‘‘the Will Merchen was assigned as a damage officer on board the U.S.S. Seattle. The factor’’ for Oklahoma’s number one controlman third class aboard the Navy helped him become a great man, ranking, and ‘‘the heart of the team.’’ U.S.S. Cole. We have all seen the pic- and I hope the same for myself. I am Others say he is the biggest reason that tures of the 40-by-40-foot gaping hole in proud of the core values, honor, cour- the Sooners are going to the Orange the hull of the U.S.S. Cole after the ap- age and commitment which the Navy Bowl for a shot at the national cham- parent terrorist attack on October 12. has taught me, and I plan to apply pionship against Florida State. We have all seen the grief on the faces them to all aspects of my life.’’ But I want you to listen, Mr. Speak- of the wounded sailors and their fami- Mr. Speaker, I draw attention today er, to what his mom, Cindy, says. lies. But in all this tragedy, I would to Will Merchen and to his colleagues ‘‘These individual awards are very like to tell you a story about a brave on that ship, and perhaps particularly prestigious, but if you know Josh, young soul who made it his duty to fitting on this anniversary of the they’re not what matters. The oppor- make sure that all the wounded were bombing of Pearl Harbor, as our coun- tunity to play for the national title is rescued and that the ship was saved. try remembers, recognizes, the great what really matters. You’ve got to This, Mr. Speaker, is Will Merchen’s sacrifice that is made by these young know Josh. He is for real. The team story. men and women on a daily basis to goals are what he wants.’’ She goes on As the number one nozzle man, Will keep America safe and strong and se- to say that Josh will pass the credit for was a specialist at putting out fires cure. his awards to his coaches and team- and stopping flooding at sea. But he Will Merchen, you already have dem- mates, that the awards are team never dreamed that his skills and onstrated the values of honor, courage awards. knowledge would be tested just 3 and commitment in your life; and for But there is more to Josh Heupel months into his first 6-month cruise on that, many of your crewmates and than just football. Josh is a good stu- a destroyer. their families and our country can be

VerDate 06-DEC-2000 00:38 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.038 pfrm09 PsN: H07PT1 H12036 CONGRESSIONAL RECORD — HOUSE December 7, 2000 grateful. We are honored to have you scription drugs that cost over $200 total unless one has some type of drug dis- continue in serving our great country each month, over 20 percent of her count, is $1,455. For a widow at 150 per- in the United States Navy. monthly income. Medicare and her sup- cent of poverty, the annual cost of Mr. Speaker, Will Merchen and Josh plemental insurance do not cover pre- Prilosec alone will consume more than Heupel are young men that have al- scription drugs. $1 in $9 of that senior’s total budget. ready accomplished much, and they Mr. Speaker, I recently received a Let us look at a widow living on have very promising futures ahead of letter from a computer-savvy senior $16,700 a year. That is 200 percent of them; and they are an example of the citizen who volunteers at a hospital poverty. That is a lot more than a lot type of character, the type of values, that I worked in before coming to Con- of widows have. If she has diabetes, hy- the type of principled commitment to gress. pertension, and high cholesterol, so she action that I believe is reflective and Dear Congressman Ganske . . . after com- is taking a glucophage, Procardin, and represented in my great State of South pleting a University of Iowa study on Lipitor, her drug costs are going to be Dakota. For these young men’s efforts Celebrex 200 milligrams for arthritis, I got a 13.7 percent of her income. If she is just in their particular fields, I am particu- prescription from my M.D. and picked it up taking that drug Prilosec for acid re- larly grateful and proud; and I know at the hospital pharmacy. My cost was $2.43 flex disease, we can see that one drug per pill with a volunteer discount! that South Dakota is very, very proud alone even at this income represents as well. He goes on: about 8.7 percent of her total income. My friend from Des Moines, the Iowa f Later on the Internet I found the fol- lowing: Lutheran hospital volunteer senior cit- b 1545 A. I can order these drugs through a Cana- izen, as do the Weinmans from Indiana dian pharmacy if I use a doctor certified in from their shopping trips in Mexico for PRESCRIPTION DRUG COVERAGE Canada or my doctor can order it ‘‘on my be- prescription drugs, know that drug The SPEAKER pro tempore (Mr. half’’ through his office, for 96 cents per pill, prices are much higher in the United plus shipping; THORNBERRY). Under the Speaker’s an- B, I can order these drugs through States than they are in other coun- nounced policy of January 6, 1999, the PharmaWorld in Geneva, Switzerland, after tries. gentleman from Iowa (Mr. GANSKE) is paying either of two American doctors $70 A story from USA Today comparing recognized for 60 minutes. for a phone consultation, at a cost of $1.05 U.S. drug prices to prices in Canada, Mr. GANSKE. Mr. Speaker, I am per pill, plus handling and shipping. Great Britain, and Australia for the 10 going to talk today about the high cost C: I can send $15 to a Texan, best-selling drugs verified that drug of prescription drugs and a little bit which may interest the Speaker, prices are higher here in the United about what happened on this issue this and get a phone number at a Mexican phar- States than overseas. year, both here in Congress and why macy which will send it without a prescrip- For example, that drug Prilosec for this issue became an important issue in tion . . . at a price of 52 cents per pill. acid reflux is 2 to 21⁄2 times as expen- the presidential election, and talk This constituent closes his letter to sive in the United States. Prozac was 2 about some proposed solutions to this me by saying, to 21⁄2 times as expensive. Lipitor was 50 percent to 92 percent more expen- problem as we look forward to the I urge you, Dr. Ganske, to pursue the re- 107th Congress next year, because, Mr. form of medical costs and stop the out- sive. Prevacid was as much as four Speaker, I am afraid we will end up landish plundering by pharmaceutical com- times more expensive. Only one drug, this 106th Congress without addressing panies. Epogen, was cheaper in the United at least in a major way the high cost of Mr. Speaker, I want to make it very States than in the other countries. prescription drugs. We have done some- clear, I am in favor of prescription High drug prices have been a problem thing on this which I will talk about a drugs being more affordable, not just for the past decade. Two GAO studies little bit later. for senior citizens but for all Ameri- from 1992 and 1994 showed the same re- sults. Comparing prices for 121 drugs Mr. Speaker, what is the problem? cans. Let us look at the facts of the sold in the United States and Canada, Why do we have such high prescription problem, and then we will discuss some prices for 98 of the drugs were higher in drug costs? How are those high pre- solutions. the United States. Comparing 77 drugs scription drug costs affecting people in There is no question that prices for sold in the United States and the the country? drugs are rising rapidly. A recent re- United Kingdom, 86 percent of the Mr. Speaker, this is a photo of Wil- port found that the prices of the 50 top- drugs were higher in the United States, liam Newton, who is 74 years old. He is selling drugs for seniors rose much and three out of five were more than from Altoona, Iowa. He is a constituent faster than inflation. Thirty-three of 1 twice as high. in my district whose savings vanished the 50 drugs rose in price at least 1 ⁄2 Look at this chart that shows some when his late wife, Juanita, whose pic- times inflation. Half of the drugs in- of the high drug prices in the United ture he is holding, needed prescription creased at twice inflation. Sixteen States, that is the first row, compared drugs that cost as much as $600 a drugs increased at least three times to the European price: Prozac, $36.12 in month. Mr. Newton said, ‘‘She had to the inflation rate, and 20 percent of the the United States; the European price, have them. There was no choice. It’s a 50 top selling drugs for senior citizens $18.50. Claritin, one of the most popular very serious situation and it isn’t get- rose at least four times the rate of in- antihistamines: in the United States, ting any better because drugs keep flation in the last year. $44; in Europe, $8.75. We can go right going up and up.’’ The prices of some drugs are rising down this list. Here is one, Premarin. Mr. Speaker, when James Weinman even faster. Furosemide, a generic diu- In the United States, it is $14.98; in Eu- of Indianola, Iowa, just south of Des retic, rose 50 percent in 1999. Klor-con rope, $4.25. Moines where I live, and his wife, Max- 10, a brand name drug, rose 43.8 per- Mr. Speaker, the drug companies ine, make their annual trip to Texas, cent. claim that drug prices are so high here the two make a side trip, as well. They That was not a 1-year phenomenon. because of research and development cross the border to Mexico and they Thirty-nine of these 50 drugs have been costs. I do want to say that there is a load up on prescription drugs, which on the market for at least 6 years. The great need for research. For example, are not covered under their MediGap prices of three-fourths of this group around the world, we are seeing an ex- plan. Their prescription drugs cost less rose at least 1.5 times inflation, over plosion of antibiotic-resistent bacteria, than half as much in Mexico as they do half rose at twice inflation, more than like tuberculosis, and we are going to in Iowa. 25 percent increased at three times in- need research and development for new This problem is not localized to Iowa, flation, and six drugs at over five times drugs. it is everywhere. The problem that Dot inflation. Lorazepam rose 27 times in- A new report by the World Health Or- Lamb, an 86-year-old woman in Port- flation and furosemide 14 times infla- ganization outlines that concern on in- land, Maine, who has hypertension, tion in the last 6 years. fectious diseases. However, data from asthma, arthritis, and osteoporosis, Prilosec is one of the two top-selling PhRMA, the pharmaceutical trade or- has paying for her prescription drugs is drugs prescribed for seniors. The an- ganization, that I saw presented in Chi- all too common. She takes five pre- nual cost for that 20 milligram GI drug, cago several months ago showed little

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.039 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12037 increase in research and development, coverage have either limited or no pro- ficiaries are called dual eligibles, and especially in comparison with signifi- tection against prescription drug costs, the most important service paid for en- cant increases in advertising and mar- those drugs that you buy in a phar- tirely by Medicaid is frequently the keting by the pharmaceutical compa- macy with a prescription from your prescription drug plans offered by all nies. doctor, as compared to those drugs States under their Medicaid plans. Since 1997, the FDA reform bill, ad- that you would get if you are a patient There are several groups of Medicare vertising by drug companies has gotten in the hospital. beneficiaries who have more limited Medicaid protection. so frequent that Healthline recently re- b 1600 ported that consumers watch, on the Qualified Medicare beneficiaries average, nine prescription drug com- Since the early 1980s, Medicare bene- called Q–M–Bs or QMBs have incomes mercials on TV every day. ficiaries in some parts of the country below the poverty line, so it is less Look at the 1998 figures for the big have been able to enroll in HMOs which than $8,240 for a single person or $11,060 drug companies. In every case, mar- provide prescription drug benefits. for a couple. And they have assets keting, advertising, sales, and adminis- Medicare pays the HMOs a monthly below $4,000 for a single person or $6,000 trative costs exceeded research and de- dollar amount for each enrollee; but for a couple. Medicaid pays their velopment costs. In 1999, four of the some areas like Iowa have had such low deductibles and premiums. Specified five companies with the highest reve- payment rates that no HMOs with drug low-income Medicare beneficiaries, S– nues spent at least twice as much on coverage are available. That is typi- L–I–M–Bs, or SLIMBs, have incomes up marketing, advertising, and adminis- cally a rural problem, but also a prob- to 120 percent of poverty, and Medicaid tration as they did on research and de- lem in some metropolitan areas that pays their Medicare part B premium. velopment. Only one of the top ten have inequitably low reimbursements. Qualifying individuals 1 have income drugs companies spent more on re- I must say that I have led the fight between 120 percent and 135 percent of search and development than on mar- to try to ‘‘even up’’ that. This is one of poverty. Medicaid pays part of their keting, advertising, and administra- the things I think we ought to look at part B premium, but not deductibles. tion. Administration costs have not in- when we are talking about solutions. Qualifying individuals 2 have income creased that much, so we know that Employers can offer their retirees between 135 percent and 175 percent of the real increase in drug company health benefits that include prescrip- poverty, and Medicaid pays part of the spending has been in advertising. tion drugs, but fewer employers are part B premiums. For the manufacturers of the top 50 doing that. From 1993 through 1997, Now, the QMBs and the SLIMBs are drugs sold to seniors, profit margins prescription drug coverage of Medi- not entitled to Medicaid’s prescription are more than triple the profit rates of care-eligible retirees dropped from 63 drug benefit unless they are also eligi- other Fortune 500 companies. The drug percent to 48 percent. Beneficiaries ble for full Medicaid coverage under manufacturers have profit rates of 18 with MediGap insurance typically have their State Medicaid plan. Q1s and 2s percent compared to approximately 5 coverage for Medicare’s deductibles are never entitled to Medicaid drug percent for other Fortune 500 compa- and coinsurance, but only three of 10 coverage. A 1999 Health Care Financing Admin- nies. standard plans offer drug coverage. istration report showed that despite a Furthermore, as recently cited in the All three plans have a $250 deduct- variety of potential sources of coverage New York Times, of the 14 most medi- ible. Plans H and I cover 50 percent of for prescription drug costs, bene- cally significant drugs developed in the the charges up to a maximum benefit ficiaries still pay a significant propor- last 25 years, 11 had significant govern- of $1,250. Plan J covers 50 percent of tion of drug costs out of pocket and ment-funded research. For example, the charges up to a maximum benefit about one-third of Medicare bene- Taxol is a drug developed from govern- of $3,000. The premiums for those plans are significantly higher than the other ficiaries had no coverage at all. ment-funded research which earns its Mr. Speaker it is also important to seven MediGap plans because of the manufacturer, Bristol-Myers-Squib, look at the distribution of Medicare costs of that drug benefit. millions of dollars each year. enrollees by total annual prescription This chart shows the difference in an- Mr. Speaker, as I said at the start of drug costs, because it will make a dif- nual costs to a 65-year-old woman for a this special order speech, I think the ference in terms of what kind of plan MediGap policy with or without a drug high cost of drugs is a problem for all we devise and how successful it is and benefit. For a MediGap policy of mod- Americans, not just the elderly. But how much we will need to subsidize erate coverage, she would pay $1,320 for many nonseniors are in employer such a plan. plans, and they get prescription drug a plan without prescription drug cov- This chart from the Medicare Pay- discounts from their HMOs. In addi- erage; but if she wants prescription ment Advisory Commission, MPAC, tion, there is no doubt that the older drug coverage, she is going to pay Report to Congress shows that in 1999, one is, the more likely the need for pre- $1,917. If she wants extensive coverage 14 percent of those in Medicare had no scription drugs. So let us look at what without drugs, her premium is $1,524 a drug expenditures, 36 percent had less type of drug coverage is available to year, with drugs her premium would be than $500, 19 percent had less than senior citizens today. $3,252 to insurance. $1,000, 12 percent less than 1,500 and Medicare pays for drugs that are part Why is there such a price gap? Well, down the line. of treatment when a senior citizen is a because the drug benefit is voluntary. Please note that if you add up those patient in a hospital or in a skilled Only those people who expect to actu- who have no drug expenditures at 14 nursing facility. Medicare pays doctors ally use a significant quantity of pre- percent and those who have drug ex- for drugs that cannot be self-adminis- scriptions purchase a MediGap policy penditures of $500 to $1 at 36 percent, 50 tered by patients, like drugs that re- with drug coverage; but because only percent then, 14 percent plus 36 per- quire intramuscular or intravenous ad- those with high costs choose that op- cent, had drug expenditures of less ministration. Medicare also pays for a tion, the premiums have to be high to than $500 per year. Then if you add in few other outpatient drugs, such as cover the costs of a higher average ex- the next group, 69 percent had drug ex- drugs to prevent rejection of organ penditure of drugs. penditures of less than $1,000 a year. transplants, medicine to prevent ane- So what is the lesson that we learn The problem is with those who have mia in dialysis patients, and oral anti- from the current Medicare program? much higher drug costs. cancer drugs. The program also covers The lesson is adverse selection tends to Now, as we look at plans to change pneumonia, hepatitis, and influenza drive up the per capita costs of cov- Medicare to better cover the costs of vaccines. The beneficiary is responsible erage unless the Federal Treasury sim- prescription drugs, we are going to for 20 percent of co-insurance on those ply subsidizes lower premiums. have to face some difficult choices. Mr. drugs. The very low income, elderly and dis- Speaker, there is currently no public About 90 percent of Medicare bene- abled Medicare beneficiaries are also consensus or, for that matter, policy ficiaries have some form of private or eligible for payments of their consensus among the policymakers on public coverage to supplement Medi- deductibles and coinsurance by their how we do that. There are a lot of ques- care, but many with supplementary State’s Medicaid program. These bene- tions we have to answer.

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.041 pfrm09 PsN: H07PT1 H12038 CONGRESSIONAL RECORD — HOUSE December 7, 2000 Here are a few: First, should coverage the bill. They even started dem- have overseen those private drug insur- be extended to the entire Medicare pop- onstrating against it. Scenes of gray ance plans. ulation or targeted towards the elderly panthers hurling themselves on to the Under the Republican plan, the Gov- widow who is not so important that she chairman of the Ways and Means Com- ernment would have paid for all the is in Medicaid, but is having to choose mittee, Mr. Rostenkowski, were broad- premiums and nearly all the bene- between her rent, her food, and her cast to the Nation; angry phone calls ficiary’s share of covered drug costs for drugs? Should the benefit be com- from senior citizens flooded the Capitol people with incomes under 135 percent. prehensive or catastrophic? Should the switch boards. For people with incomes 135 to 150 per- drug benefit be defined? What is the The very next year, the House voted cent of poverty level, premium support right level of beneficiary costs-shar- 360–66 to repeal the Medical Cata- would have been phased out. ing? Should the subsidies be given to strophic Coverage Act of 1988, and It was assumed that drug insurers the beneficiaries or to the insurers? President Bush then signed the largest would use generic drugs to control How much money can the Federal cut in Medicare benefits in history. costs. The cost of the GOP plan was es- Treasury devote to this problem? Can Well, that experience left a lot of scars timated to be $37.5 billion over 5 years we really predict the future costs of on the political process that became and about $150 billion over 10 years. this new benefit? evident earlier this year when the But the CBO, the Congressional Budget These are all really important ques- Democrats and the Republicans made Office, had a very hard time predicting tions, Mr. Speaker. Maybe we can learn their proposals on prescription drugs. costs because there was no standard something from what has happened in What was the lesson? Well, Dan Ros- benefit in the plan. the past. tenkowski wrote an article for the Wall Now, the premiums under the Clin- I want to talk a little bit about what Street Journal on January 20, early ton-Gore plan were estimated to cost happened in 1988 and then what hap- this year, that I think a lot of Members those seniors who signed up, remember pened earlier this year on prescription from Congress read. His most impor- it was a voluntary plan like the GOP plan, $24 a month in 2003, rising to $51 drug benefits. The prescription drug tant point was this: the 1988 plan was a month in 2010. But then the Clinton benefit has been discussed since the financed by a premium increase for all administration talked about adding $35 start of Medicare in 1965. The reason Medicare beneficiaries. Rosti said in billion in expenses for a catastrophic why adding a prescription drug benefit his piece: ‘‘We adopted a principle uni- component like the GOP plan, which is now such a hot issue is that there versally accepted by the private insur- would have made the premiums higher has been an explosion in new drugs ance industry. People pay premiums and similar, in my opinion, to what the available, huge increases in demands today for benefits they may receive to- for those drugs, largely fueled by all of Republicans were proposing. morrow.’’ Under the Clinton plan, Medicare the advertising dollars by the pharma- He goes on to say apparently the vot- would have paid half of the cost of each ceutical companies and a significant ers did not agree with those principles. prescription, and there would have increase in the costs of those drugs in By the way, the title of his Op-Ed piece been no deductible. The maximum Fed- the last few years. was ‘‘Seniors Will Not Swallow Medi- eral payment would have been $1,000 I will tell you what, it is great that care Drug Benefits.’’ Former chairman for $2,000 worth of drugs in 2003, rising we have a lot of these new drugs. My of the Committee on Ways and Means to $2,500 for $5,000 worth of drugs by parents are on some of those drugs. My Rostenkowski did not think seniors 2009. dad is very well alive today because he had changed much since 1988. And ap- The Government would have assumed is on some of those drugs. Well, let us parently the drafters of this year’s the financial risk for prescription drug look at what happened when Congress Democratic and Republican bills insurance, but it would have hired pri- tried to do something about prescrip- agreed with him, because the key point vate companies to administer the bene- tion drugs in 1988 and again this year. that the spokesman for each of those fits and negotiate discounts from drug That is because the outcome of re- bills made to Congress and to senior manufacturers. That was pretty simi- form in 1988 made a big difference with citizens was that their bill would be lar in both the Clinton-Gore and the what happened here in Congress in the voluntary. Republican plans. year 2000. The Medicare Catastrophic There were shortcomings in both But, and here is the crucial point, in Coverage Act of 1988 would have phased plans this year, but before I briefly de- order to cushion the costs of the sicker in catastrophic prescription drug cov- scribe each plan, let me acknowledge with premiums from the healthier, erage as part of a larger package of the hard work that a lot of Members on both the Clinton-Gore plan and the benefit improvements. both sides of the aisle made in working GOP plan calculated premiums, and Under the Medicare Catastrophic on those bills. The House Republican this is the most important point, they Coverage Act, catastrophic prescrip- plan this year was estimated to cost calculated those premiums based on tion drug coverage would have been seniors $35 to $40 a month by the year the premise that 80 percent of all of the available in 1991 for all outpatient 2003, with possible projected rises in 15 people in Medicare would sign up for drugs subject to a $600 deductible and percent a year. Premiums could vary the plan. In other words, one has got to 50 percent coinsurance. The benefit was among plans. have a lot of people who are healthy in to be financed through a mandatory There would be no defined benefit the plan paying their premiums to combination of an increase in the part plan and insurers could cover alter- keep the premiums lower for those who B premium and a portion of the new natives of ‘‘equivalent value.’’ There have higher drug costs. supplemental premium, which was to would be a $250 deductible, and the plan Well, right away the partisan attacks be imposed on higher income enrollees. would then pay half of the next $2,100 started on both plans. The Democrats It is also important to note that the in drug costs. After that expense, pa- said Republicans are putting seniors Congressional Budget Office estimated tients were on their own until their into HMOs. HMOs provide terrible care. the costs at that time as $5.7 billion. out-of-pocket expenses hit $6,000 a This is not fair to seniors. The Repub- Well, only 6 months after the cost esti- year. At that time a catastrophic pro- licans said the Democratic plan is a mates, only 6 months later, the cost es- vision would kick in and the Govern- one-size-fits-all plan, it is too restric- timates had more than doubled, be- ment would pay the rest. tive, it puts politicians and Wash- cause both the average number of pre- The GOP plan would have paid sub- ington bureaucrats in control. Now, scriptions used by enrollees and the av- sidies to insurance companies for peo- tell me, anyone who has watched TV erage price had risen more than pre- ple with high drug costs. If subscribers and saw all the political ads in this last viously estimated. That plan passed did not have a choice of at least two campaign knows that is exactly what this House by a margin of 328–72. private plans, then a ‘‘government each side was saying about the other. President Reagan enthusiastically plan’’ would have been available. I could criticize each plan in depth, signed into law this largest expansion but I do not have that much time. Suf- b of Medicare in history. The only prob- 1615 fice it to say that the details of each of lem was that once seniors learned their A new bureaucracy called the Medi- those plans was very important to how premiums were going up, they hated care Benefits Administration would they would work.

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.042 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12039 I believe that if one lets plans design for something that was going to cost Now, one sure way to avoid adverse all sorts of benefit packages, as did the them more than what they were al- risk selection would be to say we have GOP plan, it becomes very difficult for ready paying? I do not think so. In a uniform benefit, prescription drug seniors to be able to compare apples to fact, I know they would not. benefit, and everyone, when they sign apples, to compare equivalency of How do I know they would not? Be- up for Medicare, is going to be in that plans in terms of value. cause we already have those options in prescription drug plan. I also think the plans can tailor ben- the current Medicare plan. We have That was the approach of the Medi- efits to cherry-pick healthier, less ex- those three options that I talked about care Catastrophic Coverage Act in 1988. pensive seniors, and to gain the sys- earlier where one can voluntarily sign We saw what happened to that law. tem. Representatives of the insurance up for a drug benefit. But most people That lesson was not lost on people in industry shared that opinion in a hear- do not because the premiums are high- this Chamber this year. To say that ing before my committee. In my opin- er than what their drug costs are. They mandatory enrollment had little ap- ion, a defined benefit package would would have to be fools to be paying peal to policy makers in this election have been better. more for an insurance premium than year was an understatement. what the premium is going to give I had concerns about the financial in- Finally, we could avoid adverse selec- them if it is voluntary. This is just the centives that the House Republican bill tion for a voluntary benefit like pre- mindset that people have. would offer insurers to enter markets scription drug coverage if we simply in which no drug plans were available. I think Regis could have asked, Who would have signed up for those plans? subsidized the benefit to such an extent Would those incentives encourage in- that is such a good deal that everyone surers to hold out for a better deal? The final answer would have been those seniors with over $1,250 in annual drug will do that. But we are really talking I had doubts that the private insur- about large sums of Federal dollars ance industry would ever offer drug- expenses. Well, remember also that the premiums were premised on that 80 when we do that. We cannot even pre- only plans. In testimony before my dict what the costs are going to be. committee, Chip Kahn, the president of percent participation rate. I think it is highly doubtful that anywhere near 80 There are new drugs coming on board the Health Insurance Association of that could cost thousands of dollars per America, testified that drug-only plans percent of seniors would have signed up for either of those plans. If only those treatment where treatments have to be would not work. repeated and repeated and repeated. We In testimony before the Committee with high drug costs signed up for the plans, then we know what would have could easily be talking about a trillion on Commerce on June 13, this year, Mr. dollar drug benefit. Kahn said, ‘‘Private drug-only coverage happened. The premiums would have That cost reminds me again of that would have to clear insurmountable fi- had to go up significantly, or we would article by Mr. Rostenkowski. As Con- nancial, regulatory, and administrative have had to transfer significantly more gressman Rostenkowski said, ‘‘The hurdles simply to get to the market. sums from the Federal Treasury to problem was and still is a lack of Assuming that it did, the pressures of subsidize that benefit. money. Yes, we have a projected sur- ever-increasing drug costs, the predict- Well, one way to avoid that adverse plus, but the 10-year cost of more high- ability of drug expenses, and the likeli- risk selection in a voluntary system would be to offer the drug benefit one ly subsidized drug coverage would, in hood that people most likely to pur- time only, when a beneficiary enrolls my opinion, easily double or even tri- chase this coverage would be the people in Medicare. The problem with that is ple the projected cost of both pro- anticipating the highest drug claims,’’ that one is still going to get adverse posals.’’ that adverse selection problem, ‘‘would risk selection because, at the age of 55, make drug-only coverage virtually im- Now, there are several reasons why there are a number of people who do possible for insurers to offer a plan to even in this time of a surplus I think have high drug costs, and of course seniors at an affordable premium.’’ we need to think hard about this. First, they are going to sign up; whereas, a Mr. Kahn predicted that few, if any, we have made a bipartisan commit- lot of people have no drug costs, and insurers would offer that type of prod- ment not to use Social Security sur- they may simply decide I do not want uct. plus funds. Second, there are people in to sign up right now, I will wait until I could similarly criticize several this country who have no health insur- later. ance, much less prescription drug cov- particulars of the Clinton-Gore bill in The authors of the GOP bill recog- the spirit of bipartisanship; but I think erage. Should we expand coverage for nized that problem. So what they tried some while the totally unprotected we should look at the fundamental flaw to do was say, well, if you do not sign of both plans, and that is that ‘‘adverse group grows? Third, Medicare is closer up initially, then later on when you to insolvency than it was back in 1988. risk selection’’ problem. sign up, you may have to pay a higher If the Clinton plan had comparable Should not our first priority be to pro- premium. tect the current Medicare program? costs for a stop-loss provision on cata- But I tell my colleagues this, if sen- Given those constraints, what can we strophic expenses, the premiums would iors were going to do that, they would do to help seniors and others with high have been comparable to the GOP plan. do that right now. All the seniors drug costs? Here are some modest pro- Under those bills, a plan who signed up would voluntarily sign up for one of posals for helping seniors and others for drug insurance would have paid those three options. It would bring with their drug costs. First, let us about $40 per month or roughly $500 per down the cost of premiums. But they year. do not do that. allow those senior citizens, those quali- After the first $250 out-of-pocket Another way to control adverse risk fied Medicare beneficiaries, specified drug cost, the enrollee would have is to try to devise a risk adjustment low-income Medicare beneficiaries, needed to have twice $500 in drug costs, system. We tried to do that in some qualifying individuals who are not so or $1,000, in order to be getting a ben- other areas in Medicare. I will tell my poor that they are in Medicaid in addi- efit that was worth more than the cost colleagues what. It is really tougher to tion to Medicare, but are just above of the premiums for the year. Put an- do risk adjustment. A uniform benefit that, many of whom are having to other way, the enrollee must have had package would help control adverse make difficult decisions because they $250 for that deductible plus $1,000 in risk selection. Consumers would be are living solely on their Social Secu- drug expenses or $1,250 in annual drug able to select plans based on price and rity and they have very high prescrip- costs in order to get half of the rest of quality rather than benefits. If plans tion drug costs, why do not we allow his drug expenses up to a maximum of are allowed a slight variation of bene- these individuals, say, up to 175 percent $2,100 paid for by the plan. fits, some plans may be likely to at- of poverty, to get into or access the Now, look at this chart again. Look tract low-cost beneficiaries. State Medicaid prescription drug at this: 69 percent of the people in The GOP plan had some weak com- plans? We could pay for it from the Medicare in 1999 had less than a thou- munity rating and guaranteed issue Federal side. We would not have to re- sand dollars. If the cost of the plan, provisions, but it is hard to see how the quire any match from the States. signing up for the plan was going to be adverse risk selection would have been The plans are already in existence. more than $1,000, would they sign up solved by their solutions. The bureaucracy is already there. The

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.044 pfrm09 PsN: H07PT1 H12040 CONGRESSIONAL RECORD — HOUSE December 7, 2000 States have already negotiated dis- My colleagues, the gentleman from been because we did not go in regular counts with the pharmaceutical com- Florida (Mr. BILIRAKIS) and the gen- order. panies. We know who these individuals tleman from Minnesota (Mr. PETER- So I very much hope that when we are because they are already getting SON), have a bill, the Medicare Bene- look at this issue again this coming discounts on their premiums and co- ficiary Prescription Drug Assistance year, 2001, that instead of just rushing payments and deductibility. and Stop Loss Protection Act, which something to the floor, that we have full debate and discussion; that people b 1630 would allow beneficiaries up to 200 per- cent to get into programs like that. know what the provisions mean when We could simply give them a card But that would require, in many the bill reaches the floor; that it does that would enable them to access the States, the creation of whole new bu- not become just a ‘‘Republican bill’’ or State formulary for their State Med- reaucracies. I think there is a simpler a ‘‘Democratic bill,’’ but in our wisdom icaid drug programs free for those indi- solution. The solution is to utilize the we debate the various provisions in a viduals, at no cost for them. We could State Medicaid drug programs. free way, debating amendments to im- pay for it through the Federal side. Es- I think that we should revise the prove the bill, voting them up or down, timates are that that would probably FDA Reform Act of 1997, and we should and doing things in a regular order. cost about $60 to $80 billion over 10 restrict direct marketing to consumers Mr. Speaker, we did not get it done years. It might be more than that, but in a way that does not limit their free this year, at least I certainly do not that is a lot less than what we are talk- speech but at least requires that they think we are in these last few days of ing about with the other plans. We can provide equal time to discussing the the 106th session, but I think we have a afford that. It would be an important possible complications of those new good chance to do something on this first step. drugs as they do to the benefits. next year. So I urge my colleagues to We ought to also fix the funding for- Finally, I think the new Congress look over my proposal, and we will be mula in which some States, particu- could actually get signed into law a getting information to my colleagues. larly rural States, have such low reim- combination of the above in a bipar- f bursement rates that Medicare HMOs tisan fashion. Yes, it is more limited TURKISH GOVERNMENT MUST are never there. We ought to raise that than what the Clinton-Gore adminis- floor, reduce the gap between some RECOGNIZE BASIC HUMAN tration has proposed; it is more limited States and other States, so that we RIGHTS OF KURDISH PEOPLE than what passed this House, but it has have an equitable benefit through the many advantages in that it is a step- The SPEAKER pro tempore (Mr. Medicare plan. And that would require by-step progression and it is something HULSHOF). Under a previous order of a floor of at least $600. We already have that I think is common sense and re- the House, the gentleman from New Medicare HMOs that are leaving areas sponsible until we are able to look at a Jersey (Mr. PALLONE) is recognized for where they are getting paid $550 per more comprehensive prescription drug 5 minutes. month per beneficiary. Raising it to Mr. PALLONE. Mr. Speaker, today I benefit in the context of making sure $480 or $450 is never going to induce want to speak about the need for the that Medicare stays solvent when the those Medicare+Choice plans to go into Turkish government to recognize the baby boomers retire. the rural areas. basic human rights of the Kurdish peo- And in response to my constituents This is a complicated subject. At the beginning of the speech, I said there ple, and I rise this afternoon to con- who want to purchase their drugs from demn recent, though ongoing, viola- was not yet a consensus on how we go Canada or Mexico or Europe, we start- tions of these rights in Turkey. ed to address that problem in Congress on this. But I know this: On something I have always said the Kurds must be this year, and it has been signed into this important, the only things that respected as a people, the world must law, and that is on the reimportation get done in Washington are done in a finally listen to and respect their aspi- of drugs that are made in this country, bipartisan way. There will be some on rations, and that they should enjoy the packaged here, shipped overseas, both sides that say it does not go far same right of choosing their represent- whether or not they can legally come enough; there will be some that say my atives as other people do all over the back into the country. However, we proposal goes too far, that we do not world. The Turkish government has need to go back to that issue, because want to expand Medicare beneficiaries not accepted the validity of the Kurd- there were some loopholes in that leg- into State Medicaid drug plans. But I ish struggle or even of the Kurdish peo- islation that passed the House and the think I am hitting a down-the-middle ple. They have jailed leaders, but the Senate that we need to fix. We need to approach to this, and I am going to be message of these leaders continues to strengthen that law. That would help a reintroducing my bill in the beginning ring loud and clear. lot. That would increase the competi- of this next Congress. I sure hope that Mr. Speaker, in the past few weeks, tion. In my opinion it would automati- a lot of Members will take some time, the Turkish government has extended cally result in lower drug prices, not listen to this special order speech, look a 13-year-old state of emergency in four just for senior citizens but for every- at the bill and the information that we mainly Kurdish provinces for an addi- one. will be providing to them, and think tional 4 months, and who knows what I think we should enact full tax de- about this as a solution that we can do will happen at the end of those 4 ductibility for the self-insured. I think for now. months in terms of another extension. that we should look at those 11 million Finally, I want to say this: For a Further, the extension of emergency children that do not have any health long time, in its wisdom, Congress has rule occurred despite the European insurance and, consequently, do not gone through what is known as ‘‘reg- commission’s formal expression that have any prescription drug coverage. ular order’’ with legislation. That the lifting of emergency rule is an ob- Roughly 7 million of those kids already means a bill, and all of its details, is jective for Turkey to achieve. qualify for Medicaid in the State Child dropped in that bin over there. It is On December 4, The Washington Post Health Insurance Programs. Those made public. We have hearings on reported that the director of a Kurdish children should be enrolled. We should those bills. We compare language to linguistics institute in Istanbul is fac- do things to help those States get other bills. We look at the implications ing a trial on charges that the insti- those kids enrolled. of the legislative language. We have tute is an illegal business. The charges Many pharmaceutical companies do subcommittee markups with amend- come despite the fact that Turkish se- have programs to help low-income peo- ments and debate. And then we have a curity courts have hired interpreters ple afford prescription drugs. Both phy- full committee markup with amend- from this very institute for the past 8 sicians and patients need to be better ments and debate. Then we have it go years. This incident illustrates the educated to take advantage of those to the Committee on Rules to be type of human rights violations in- discounted drugs. Currently, 16 States brought to the floor. The Senate does fringements that continue to occur but have pharmaceutical assistance pro- the same thing. It is an orderly proc- that must be halted immediately grams targeted to Medicare bene- ess. That was not done this year. That against the Kurdish people. ficiaries different from the Medicaid was not done. And I think the legisla- I call upon my colleagues to join me, solution. tion was not as strong as it should have Mr. Speaker, in urging the Turkish

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.045 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12041 government to immediately grant on the Judiciary in the House of Rep- for a good reason. The hearings made basic rights to Kurdish citizens in Tur- resentatives for the last 6 years. I will the public aware of the many errors in key and more formally and fully recog- not have that privilege further. My judgment and tactics of the Federal nize the Kurdish people. This should in- tenure normally would come to an end, Government during the investigation clude lifting the extension of emer- rotating under the rules of the House of the Branch Davidians, as well as dis- gency rule, lifting all bans on Kurdish- at the end of this Congress in any pelling the rumors as to the true cause language television, cinema, and all event, but as many of my colleagues of the fire that took the lives of the forms of fine arts and culture. know, I will be leaving this body, and Davidians. Bans on language and culture are it has been a great privilege to have Just recently, there has been a spe- particularly disturbing because the served in that capacity. cial commission the President set up to lands of Kurdistan are considered by I want to comment a few minutes study this measure, review it once many to be the birthplace of the his- about the work of the Subcommittee more, and the conclusions of that ef- tory of human culture. It saddens me on Crime these past 6 years and to pay fort that was undertaken have resulted that there is still a need to be on the tribute to those committee staffers on in precisely a confirmation of the find- floor protesting violations of these that subcommittee who have worked so ings of this joint committee hearing most basic yet essential human rights. hard to make it possible for many of that my subcommittee took part in. Mr. Speaker, back in 1997, I addressed the legislative products and the over- b 1645 the American Kurdish Information sight hearings to be accomplished, and Network on the cultural oppression of to also pay tribute to some of the com- I was very pleased with the extensive Kurds by the Turkish government and mittee staff who worked for me while I report and findings and recommenda- on the Turks’ squelching of Kurdish have served in various capacities in tions prepared by the committee. I language and culture. At that time, 153 years gone by on the House Committee note that the subsequent investiga- Members of Congress expressed their on Banking and Financial Services. tions have not altered those basic find- disapproval of the antidemocratic Over the last three Congresses, the ings, which I think proves the thor- treatment of elected Kurdish rep- Subcommittee on Crime has compiled oughness of those hearings. I would resentatives in the Turkish par- a tremendous record of accomplish- also note that the hearings were the liament. ment. In that time, 884 bills were re- occasion for observing, even in the In April of this year, a number of my ferred to the subcommittee. The sub- midst of tragedy, the valor of Federal colleagues joined me in introducing a committee had formal hearings on 75 of law enforcement agents. House Resolution calling for the imme- those bills and, after markup, reported Mr. Speaker, I want to take a few diate and unconditional release from 71 of them to the full Committee on Ju- minutes to note some of the legislation prison of certain Kurdish Members of diciary. Of those, 41 bills eventually that was passed by the subcommittee. the Turkish parliament and for prompt were passed by both Houses and signed Many aspects of the Contract with recognition of full Kurdish cultural and into law by the President. Some of America in 1995 involved the Sub- language rights within Turkey. those bills that did not get signed into committee on Crime. Provisions of leg- Now, Mr. Speaker, I am continuing law in their own right, were incor- islation that were crafted and revised the fight on behalf of the Kurdish peo- porated into appropriations bills and by the subcommittee that are in effect ple, because their voices are still re- then signed into law. today from that Contract with Amer- pressed, although the conflict between So in more than 41 different ways, ica are the local Law Enforcement and the government and separatist Kurdish over the past 6 years, legislation craft- Block Grant Program, which gives lo- guerrillas in the southeast has subsided ed by the members of the Sub- calities millions of dollars each year in significantly since the arrest last year committee on Crime have contributed flexible grants that they can direct re- of the Kurdish Workers Party leader, to our country, making it a better sources to the places of greatest need Abdullah Ocalan. Fears by hard-line place to live; one that is safer and more for law enforcement purposes, where Turkish nationalists that any recogni- just for all our citizens. the decision making is done at the tion of Kurdish identity will fragment Over the last 3 years, the Sub- local level not at the Federal level but Turkey and strengthen separatism committee on Crime has also held 111 how those monies are spent; the Truth seem unwarranted based on the decline days of hearings on a wide variety of in Sentencing Prison Construction in tensions. subjects. I take pride in the fact that Grant Program, which encourages Mr. Speaker, Turkey must negotiate the subcommittee has held a hearing States to ensure that violent prisoners with the Turkish leaders. Turkey must on almost every bill that it has marked serve most of their sentence imposed lift its blockade of Armenia also. Tur- up in order to ensure that the Members by a court and provides them with key must end its military occupation of the subcommittee were fully in- monies and resources to build a prison of northern Cyprus. Such a change in formed about that bill. space and to support those prison beds behavior would benefit everyone in the The subcommittee has also a distin- in return for agreeing to require at region, including the Turkish people. guished record of achievement in the least 85 percent of a sentence be served; I hope my colleagues will join me in area of oversight. And the vast major- the Federal Mandatory Minimum Res- delivering these important messages to ity of these 111 days of hearings have titution Law that requires victims in the Turkish government at every pos- been oversight hearings into specific Federal criminal cases to make res- sible opportunity. problems in criminal justice or hear- titution to their victims; and the his- f ings into activities and operations of toric changes in the habeas corpus the executive branch law enforcement process which has helped ensure cer- ACCOMPLISHMENTS OF SUB- agencies over which the Committee on tainty and finality in our criminal jus- COMMITTEE ON CRIME DURING the Judiciary has jurisdiction. These tice system and provides a sense of clo- THE PAST 6 YEARS oversight hearings included hearings sure to victims of crime. The SPEAKER pro tempore. Under on the work of the FBI, the Federal Over the last 6 years, the sub- the Speaker’s announced policy of Jan- Bureau of Prisons, the DEA, the Secret committee has worked on a great num- uary 6, 1999, the gentleman from Flor- Service, and the U.S. Marshals Service. ber of bills which have become law and ida (Mr. MCCOLLUM) is recognized for 60 Perhaps foremost and most remem- have helped to protect our citizens. It minutes. bered of the hearings that the sub- has worked extensively to reinvigorate Mr. MCCOLLUM. Mr. Speaker, I do committee held in the last number of the war on drugs with a goal of increas- not intend to take the full 60 minutes, years were the 10 days of hearings it ing prospects of all of our children but I do want to take a portion of this held into the activities of law enforce- leading drug-free, productive lives. time to take this opportunity to com- ment agencies towards the Branch The subcommittee has helped to ment on something that I think is very Davidians at Waco. These were joint enact legislation that increases the important. I have had the privilege of hearings we held in conjunction with penalties for trafficking of meth- serving as the chairman of the Sub- another subcommittee of the House. I amphetamine, one of the most dan- committee on Crime of the Committee think those hearings are remembered gerous drugs facing our society today;

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.047 pfrm09 PsN: H07PT1 H12042 CONGRESSIONAL RECORD — HOUSE December 7, 2000 criminalizes the use of the so-called was closed by the passage of the Mili- tially been implemented through the date-rape drugs, and provides greater tary Extraterritorial Jurisdiction Act appropriations process and I certainly resources for the law enforcement of 2000, and that is long overdue. hope will get a solution. agencies whose mission it is to combat Also this Congress we passed bipar- Another major bill that has not got- the flow of illegal drugs into the coun- tisan legislation to eliminate the crime ten all the way through the system is try. backlog of crime scene samples await- one dealing with what we do with our The subcommittee also has enacted ing DNA analysis. The passage of the prison system in terms of prison indus- several laws to protect our children DNA Backlog Elimination Act will tries. We have a problem with that and other vulnerable members of our help make our system even more just that I do not have the time to go into society, such as ‘‘Megan’s Law,’’ which by providing greater certainty in the today. But it deals with the fact that requires States to put in place a sys- outcome of thousands of criminal we do not have very many prisoners tem to track the whereabouts of con- cases. working in our prisons compared to the victed sex offenders; the Sexual Crimes I also would like to note a couple of number who are there, less than 20 per- Against Children Act; and the Child bills that did not become law but that cent at the Federal level, less than 7 Protection and Sexual Predator Pun- we worked extensively on and one that percent at the State level; and yet we ishment Act of 1998, which focuses on did that was a part of another bill. We see those prisoners who do engage in the problems of sex crimes against had a bill dealing with the Drug Elimi- prison industries are far less likely to children and the use of computers and nation Act of a couple of years ago return to prison when they are released the Internet to commit those crimes by that was an extensive piece of legisla- than those who do not. And so the leg- punishing severely those who commit tion incorporated into a larger omni- islation that we produced in our com- them; and the Internet Stalking Pun- bus spending bill at the close of the mittee that has yet to become law ishment and Prevention Act of 1996 to last Congress that, if fully imple- would provide for an opportunity punish those who would use the Inter- mented, was designed and would I greater than today to bring private in- net to stalk their victims. think reduce the flow of drugs into this dustry into prisons to employ these We also worked on several laws to country by a significant margin, prisons on a wider basis, to remove a protect our citizens from fraud, includ- maybe as much as 85 percent, over the barrier to the understate sale of prison- ing the Cellular Telephone Protection next several years. Unfortunately, not made goods, and to provide for other Act of 1997, which prohibited the sale of all the funding to go with that legisla- opportunities in that regard. devices used to clone wireless tele- tion has been produced. Mr. Speaker, I would like to take the phones; the Telemarketing Fraud Pre- We also produced a Juvenile Crime remaining time to thank the staff that bill that twice has gone to the other vention Act of 1997, which helped pro- have worked so hard in the Sub- body and has yet to become law, does tect persons, especially our seniors, committee on Crime and elsewhere for not appear likely to in this Congress, from telemarketing fraud; the Identity me and to mention them in particular. but which is something in bad need of Theft and Assumption Deterrence Act They have done an enormous task of addressing in the next Congress again. of 1997, which makes it a crime to traf- working for me over the years. Several This is a bill that is in part incor- fic in personal identifying information; of them have been very, very involved. porated, though, in appropriations and the Economic Espionage Act of They deserve the tribute for all that process in some of the legislative en- 1996, which protects our commercial they have done. Many of those staff deavors there. And that is a bill to cor- sector from those who would steal the members have been with me for a long rect a problem with those who are ju- business innovations that have helped veniles who commit misdemeanor time. fuel our economy. Glenn Schmitt and Dan Bryant share crimes and others at the early stage of We have also worked in the sub- the duties of chief counsel. Dan Bryant their crime life and do not get any pun- committee to protect law enforcement joined the subcommittee in early 1995 ishment. officers who risk their lives daily to That is very common today for and has worked tirelessly over the protect our society as well as their young people to commit a crime such years in many years, including the families who also bear this risk. The as one of maybe even robbing a car or drug issue and juvenile crime and gun subcommittee worked to enact the throwing a rock through a window or control and law enforcement. Glenn Care for Police Survivors Act of 1998 doing something else that vandalizes Schmitt was with me even before on and the Police Fire and Emergency Of- and never getting taken to court; or if the Subcommittee on Immigration and ficers Educational Assistance Act of they are, when they are first there, Claims in 1994 and has worked exten- 1998 to provide educational benefits to they receive no punishment, maybe sively in the area of corrections and the families of public safety officers probation or none at all. computer and other high-tech crimes. killed or disabled in the line of duty; We learned in a lot of studies that Rick Filkins on our staff joined the the Bulletproof Vest Partnership Act there is a big problem with that. Be- full committee in 1997 and became a of 1997, which was renewed this year to cause our juvenile justice system is part of the subcommittee in 1999. Carl ensure that States have sufficient overworked and they do not give this Thorsen has done a tremendous job funding to buy protective vests for law punishment, then there is no deterrent with us, has joined the subcommittee enforcement officers; and the Correc- and young people find that they come very recently, was on my personal tional Officers Health Safety Act of to conclude they are not going to get staff. Veronica Eligan works for our 1998 to mandate that correctional offi- punished and so they go on to commit subcommittee and Jim Rybicki. With- cers who come in contact with the bod- these crimes and greater crimes and out them we could not have done the ily fluids of inmates may learn the HIV perhaps violent crimes down the road. job. status of those inmates. And so we attempted to put some ac- Paul McNulty for a number of years The Subcommittee on Crime has also countability into the law by providing served as chief counsel for the Sub- enacted prison litigation reform legis- a block grant program through the committee on Crime from 1995 to 1999. lation to ensure that prisoners do not local law enforcement communities He previously worked when I was rank- tie up our court systems with frivolous and the States to enhance their juve- ing member of the minority on this litigation. nile justice systems with more prosecu- subcommittee from 1987 to 1990, a very I am also pleased this Congress that tors, more judges, more diversion pro- talented individual. And we have the subcommittee worked extensively grams in return for the simple commit- missed him. He is now working for the to close the gaping hole in our Federal ment on the part of the States to as- majority leader. criminal jurisdiction in some areas sure that the very first misdemeanor Nicole Nason was counsel with us, that some cases have allowed very seri- crime by a juvenile gets some punish- did a great job. Aerin Dunkle Bryant ous crimes committed outside the ment, be it community service or oth- also a tremendous staffer in the past. United States by American employees erwise, and an ever-increasing greater Audray Clement put in over 30 years of of the Defense Department or the amount of punishment thereafter. service and 20 years as staff assistant American dependents of our service That legislation, as I said, has not on the Committee on the Judiciary and personnel to go unpunished. This hole become law; but it has at least par- worked on the subcommittee before she

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.049 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12043 retired. Kara Norris Smith succeeded Mr. WELDON of Pennsylvania. Mr. man, it means this administration has her. Carmel Fisk worked for me when I Speaker, I rise tonight to unfortu- allowed us to be sucked into a situa- was the ranking member on the Sub- nately relate to my colleagues my con- tion where we may be forced to trade committee on Immigration and Claims cern about the conviction of an Amer- someone who was a convicted criminal and did a great job and somebody we ican citizen in Russia by the name of to get someone back who is an inno- could not have worked without. Ed Pope. cent citizen. On the Committee on Banking, where Ed Pope is an academic affiliated Russia needs to release Ed Pope, be- I was ranking member of a couple of with Penn State University who had a cause Ed Pope is innocent, because Ed subcommittees when we were in the distinguished career in our military Pope has health problems, because his minority, domestic monetary policy, and who was simply doing research and father is dying. There should be no Doyle Bartlett, Gerry Lynam, Anita marketing work with Russian institu- quid pro quo. Russia should not expect Bedelis, Mark Brender all worked tire- tions when he was arrested without to get a convicted spy in this country lessly on their efforts while I served reason earlier this year, put in a prison in return. This administration had bet- there. John Heasley and Doyle Bartlett in Moscow without proper medical ter stand up for this American citizen, worked as my counsels when I was the care, without proper attention. unlike the other American citizens ranking minority member on the Sub- In spite of cancer, in spite of an ill- whose rights have been abused over the committee on Financial Institutions. ness that his father has that is ter- past several years, like Lieutenant And Doyle later served as my chief of minal, in spite of the pleadings of Jack Daley, like Notra Trulock, like staff on my personal staff. many of us on both sides of the aisle, in Ed McCallum, like Jay Stuart, and like I just similarly cannot pass the op- particular the gentleman from Penn- others who have been prosecuted for portunity of saying that in the tenure sylvania (Mr. PETERSON), who rep- simply doing their job. that I served here, without those com- resents Ed Pope and his family, Ed I call upon my colleagues on both mittee staffers and without my per- Pope was convicted this week and sides of the aisle to demand the Rus- sonal staff to whom I paid tribute ear- given a sentence of 20 years in Russia’s sian president release Ed Pope, send lier in this Congress, it would not have prisons. him back to his family, and in no way been possible to do the things that we Mr. Speaker, Ed Pope is not a crimi- allow the Russians to receive a con- have done. And I really believe that nal. Ed Pope is innocent. I have copies victed spy in this country in return for staff go unrecognized often and they of the contracts that Ed Pope had that action. matter a great deal. signed with Russian agents in charge of f It has been a great privilege to have Russian institutes who had empowered served in this body over these 20 years. him to work to market Russia’s under- RECESS It has been a great privilege to have water propulsion technology. During The SPEAKER pro tempore (Mr. served with these staff members and to Ed Pope’s trial, the chief witness HULSHOF). Pursuant to clause 12 of rule have done the work load that we have. against him recanted his testimony. In I, the Chair declares the House in re- I will miss this body. There will be fact, the defense attorney for Ed Pope cess subject to the call of the Chair. other opportunities in the future, I provided information on what Ed Pope Accordingly (at 5 o’clock and 2 min- know, to meet public service; but I was marketing was available in open utes p.m.), the House stood in recess want to thank my colleagues for this sources in this country. In fact, every- subject to the call of the Chair. privilege and great honor of serving one involved with this case under- f here in this institution and thank stands that Ed Pope is an innocent them particularly for allowing me the man. b 1920 opportunity to have been the chairman b 1700 AFTER RECESS of the Subcommittee on Crime and to have worked with these wonderful peo- When I was in Moscow this summer, The recess having expired, the House ple to craft the legislation I have de- I held a press conference in the city was called to order by the Speaker pro scribed. and informed the Russian people and tempore (Mr. SESSIONS) at 7 o’clock f the media that this was a bad direction and 20 minutes p.m. for Russia to take. We must with all of f FURTHER MESSAGE FROM THE our bipartisan effort reach out and ask SENATE President Putin to pardon Ed Pope and REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION OF A further message from the Senate let him return to his family. H.J. RES. 128, FURTHER CON- by Mr. Lundregan, one of its clerks, an- Mr. Speaker, on a down side and a TINUING APPROPRIATIONS, FIS- nounced that the Senate has passed negative tone, if you want to convict CAL YEAR 2001 without amendment a joint resolution someone in this process, it would be of the House of the following title: Bill Clinton and AL GORE, because dur- Mr. HASTINGS of Washington, from H.J. Res. 127. Joint resolution making fur- ing the first few months of Ed Pope’s the Committee on Rules, submitted a ther continuing appropriations for the fiscal imprisonment, our State Department privileged report (Rept. No. 106–1025) on year 2001, and for other purposes. and White House were silent. They did the resolution (H. Res. 669) providing The message also announced that the not say anything. In fact, the initial for consideration of the joint resolu- Senate agrees to the report of the com- response of our ambassador was that it tion (H.J. Res 128) making further con- mittee of conference on the disagreeing is a private matter between our citizen tinuing appropriations for the fiscal votes of the two Houses on the amend- and the Russian government. Only year 2001, and for other purposes, which ment of the Senate to the bill (H.R. after the media raised these questions was referred to the House Calendar and 2415) entitled ‘‘An Act to enhance secu- did the administration finally begin to ordered to be printed. rity of United States missions and per- raise the issue of Ed Pope. President f sonnel overseas, to authorize appro- Clinton and Vice President AL GORE REPORT ON RESOLUTION PRO- priations for the Department of State should have demanded the release of Ed VIDING FOR CONSIDERATION OF for fiscal year 2000, and for other pur- Pope but they did not. And so Ed Pope H.J. RES. 129, FURTHER CON- poses.’’ was convicted. TINUING APPROPRIATIONS, FIS- f And now I relate to my colleagues my greatest concern. My fear from CAL YEAR 2001 CONVICTION OF ED POPE IN sources inside of Russia just last week Mr. HASTINGS of Washington, from RUSSIA told me that Ed Pope will be offered in the Committee on Rules, submitted a The SPEAKER pro tempore (Mr. exchange for a convicted Russian spy privileged report (Rept. No. 106–1026) on HULSHOF). Under a previous order of or a spy that Russia supports in our the resolution (H. Res. 670) providing the House, the gentleman from Penn- country. And if we are asked to trade a for consideration of the joint resolu- sylvania (Mr. WELDON) is recognized for convicted person who did crimes tion (H.J. Res. 129) making further con- 5 minutes. against this country for an innocent tinuing appropriations for the fiscal

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.051 pfrm09 PsN: H07PT1 H12044 CONGRESSIONAL RECORD — HOUSE December 7, 2000 year 2001, and for other purposes, which H.J. Res. 127. Joint resolution making fur- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the was referred to the House Calendar and ther continuing appropriations for the fiscal Committee on Commerce. ordered to be printed. year 2001, and for other purposes. 11230. A letter from the Special Assistant f to the Chief, Mass Media Bureau, Federal f Communications Commission, transmitting ADJOURNMENT the Commission’s final rule—Review of the ANNOUNCEMENT BY THE SPEAKER Mr. HASTINGS of Washington. Mr. Commission’s Broadcast and Cable Equal PRO TEMPORE Employment Opportunity Rules and Policies Speaker, I move that the House do now The SPEAKER pro tempore. Pursu- [MM Docket No. 98–204] Termination of the adjourn. EEO Streamlining Proceeding [MM Docket ant to clause 4 of Rule I, the Speaker The motion was agreed to; accord- signed the following enrolled bill dur- No. 96–16] received November 30, 2000, pursu- ingly (at 7 o’clock and 21 minutes ant to 5 U.S.C. 801(a)(1)(A); to the Committee ing the recess today: p.m.), the House adjourned until to- on Commerce. H.R. 2415, to enhance security of morrow, Friday, December 8, 2000, at 9 11231. A letter from the Secretary, Federal United States missions and personnel a.m. Trade Commission, transmitting the Com- overseas, to authorize appropriations mission’s final rule—Rules and Regulations f for the Department of State for fiscal Under the Textile Fiber Products Identifica- year 2000, and for other purposes. EXECUTIVE COMMUNICATIONS, tion Act; Rules and Regulations Under the ETC. Wool Products Labeling Act of 1939—received f November 30, 2000, pursuant to 5 U.S.C. Under clause 8 of rule XII, executive 801(a)(1)(A); to the Committee on Commerce. LEAVE OF ABSENCE communications were taken from the 11232. A letter from the Director, Regula- By unanimous consent, leave of ab- Speaker’s table and referred as follows: tions Policy and Management Staff, FDA, Health and Human Services, transmitting sence was granted to: 11223. A letter from the Deputy Associate the Department’s final rule—Indirect Food Mr. DAVIS of Illinois (at the request Administrator, Environmental Protection Additives: Paper and Paperboard Compo- of Mr. GEPHARDT) for today on account Agency, transmitting the Agency’s final nents [Docket No. 99F–1719] received Novem- rule—Fludioxonil; Extension of Tolerance of illness. ber 30, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); for Emergency Exemptions [OPP–301083; Mr. KIND (at the request of Mr. GEP- to the Committee on Commerce. FRL–6756–6] (RIN: 2070–AB78) received De- HARDT) for today on account of a travel 11233. A letter from the Assistant Sec- cember 5, 2000, pursuant to 5 U.S.C. delay. retary, Legislative Affairs, Department of 801(a)(1)(A); to the Committee on Agri- State, transmitting the Department’s final Mr. FOSSELLA (at the request of Mr. culture. rule—Interim rule; stay of regulation—re- ARMEY) for today on account of his 11224. A letter from the Deputy Associate ceived December 4, 2000, pursuant to 5 U.S.C. son’s hospitalization. Administrator, Environmental Protection 801(a)(1)(A); to the Committee on Inter- Agency, transmitting the Agency’s final f national Relations. rule—Avermectin; Extension of Tolerance 11234. A letter from the Chair, Railroad Re- SPECIAL ORDERS GRANTED for Emergency Exemptions [OPP–301079; tirement Board, transmitting the semi- FRL–6754–5] (RIN: 2070–AB78) received De- By unanimous consent, permission to annual report on activities of the Office of cember 5, 2000, pursuant to 5 U.S.C. Inspector General for the period April 1, 2000, address the House, following the legis- 801(a)(1)(A); to the Committee on Agri- lative program and any special orders through September 30, 2000, pursuant to 5 culture. U.S.C. app. (Insp. Gen. Act) section 5(b); to heretofore entered, was granted to: 11225. A letter from the Deputy Associate the Committee on Government Reform. (The following Members (at their own Administrator, Environmental Protection 11235. A letter from the Director, The request) to revise and extend their re- Agency, transmitting the Agency’s final Peace Corps, transmitting the semiannual marks and include extraneous mate- rule—National Emission Standards for Aero- report of the Peace Corps Inspector General rial:) space Manufacturing and Rework Facilities for the period April 1, 2000, through Sep- [AD-FRL–6913–9] (RIN: 2060–A177) received Mr. PALLONE, for 5 minutes, today. tember 30, 2000, pursuant to 5 U.S.C. app. December 5, 2000, pursuant to 5 U.S.C. (Insp. Gen. Act) section 5(b); to the Com- Mr. WELDON of Pennsylvania, for 5 801(a)(1)(A); to the Committee on Commerce. mittee on Government Reform. minutes, today. 11226. A letter from the Deputy Associate 11236. A letter from the Fisheries Biologist, f Administrator, Environmental Protection Candidate Plus Team Leader, Office of Pro- Agency, transmitting the Agency’s final tected Resources, National Oceanic and At- SENATE BILL REFERRED rule—Revisions to the California State Im- mospheric Administration, transmitting the plementation Plan, Ventura County Air Pol- Administration’s final rule—Endangered and A bill of the Senate of the following lution Control District [CA 224–0268; FRL– title was taken from the Speaker’s Threatened Species; Final Endangered Sta- 6908–1] received December 5, 2000, pursuant to tus for a Distinct Population Segment of table and, under the rule, referred as 5 U.S.C. 801(a)(1)(A); to the Committee on Anadromous Atlantic Salmon (Salmo salar) follows: Commerce. in the Gulf of Maine [Docket No. 991108299– S. 1066. An act to amend the National Agri- 11227. A letter from the Deputy Associate 0313–02; I.D. 102299A] (RIN: 0648–XA39) re- cultural Research, Extension, and Teaching Administrator, Environmental Protection ceived December 5, 2000; to the Committee on Policy Act of 1977 to encourage the use of Agency, transmitting the Agency’s final Resources. and research into agricultural best practices rule—Approval and Promulgation of Imple- 11237. A letter from the Regulations Offi- to improve the environment, and for other mentation Plans and Designation of Areas cer, Federal Highway Administration, De- purposes, to the Committee on Agriculture; for Air Quality Planning Purposes; Ohio partment of Transportation, transmitting in addition to the Committee on Science for [OH–138–2; FRL–6914–7] received December 5, the Department’s final rule—Utilities a period to be subsequently determined by 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the [FHWA Docket No. FHWA–99–6232] (RIN: the Speaker, in each case for consideration Committee on Commerce. 2125–AE68) received November 30, 2000, pursu- of such provisions as fall within the jurisdic- 11228. A letter from the Deputy Associate ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion of the committee concerned. Administrator, Environmental Protection on Transportation and Infrastructure. Agency, transmitting the Agency’s final f 11238. A letter from the Deputy General rule—Approval and Promulgation of Imple- Counsel, Office of Size Standards, Small ENROLLED BILL AND A JOINT mentation Plans; Texas; Control of Emis- Business Administration, transmitting the RESOLUTION SIGNED sions of Volatile Organic Compounds from Administration’s final rule—Small Business Batch Processes, Industrial Wastewater and Size Standards; Health Care—received De- Mr. THOMAS, from the Committee Service Stations [TX–121–1–7450a; FRL–6913– cember 5, 2000, pursuant to 5 U.S.C. on House Administration, reported 4] received December 4, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Small that that committee had examined and U.S.C. 801(a)(1)(A); to the Committee on Business. found truly enrolled a bill and a joint Commerce. 11239. A letter from the Deputy General resolution of the House of the following 11229. A letter from the Special Assistant Counsel, Office of Small Business Investment to the Chief, Mass Media Bureau, Federal Companies, Small Business Administration, titles, which were thereupon signed by Communications Commission, transmitting transmitting the Administration’s final the Speaker: the Commission’s final rule—Amendment of rule—Small Business Investment Compa- H.R. 2415. An act to enhance security of Section 73.202(b), FM Table of Allotments, nies—received December 5, 2000, pursuant to United States missions and personnel over- FM Broadcast Stations (Eatonville, 5 U.S.C. 801(a)(1)(A); to the Committee on seas, to authorize appropriations for the De- Wenatchee, Moses Lake, Spokane, and New- Small Business. partment of State for fiscal year 2000, and for port, Washington) [MM Docket No. 98–74; 11240. A letter from the Chief, Regulations other purposes. RM–9269; RM–9736] received November 30, Unit, Internal Revenue Service, transmitting

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.054 pfrm09 PsN: H07PT1 December 7, 2000 CONGRESSIONAL RECORD — HOUSE H12045 the Service’s final rule—Disclosure of Return PUBLIC BILLS AND RESOLUTIONS for 37 years as a Member of the United Information to the Bureau of the Census [TD States House of Representatives; to the Com- 8908] (RIN: 1545–AV84) received November 30, Under clause 2 of rule XII, public mittee on House Administration. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced Committee on Ways and Means. and severally referred, as follows: f 11241. A letter from the Chief, Regulations By Mr. UPTON: Unit, Internal Revenue Service, transmitting H.R. 5644. A bill to amend title 5, United ADDITIONAL SPONSORS the Service’s final rule—Determination of States Code, to move the legal public holi- Under clause 7 of rule XII, sponsors Interest Rate—received November 28, 2000, day known as Washington’s Birthday to elec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion day in Presidential election years; to were added to public bills and resolu- mittee on Ways and Means. the Committee on Government Reform. tions as follows: 11242. A letter from the Chief, Regulations By Ms. KAPTUR: H.R. 1657: Mr. WEINER. Unit, Internal Revenue Service, transmitting H.R. 5645. A bill to establish a Commission H.R. 2020: Mr. CALVERT. the Service’s final rule—Last-in, First-out for the comprehensive study of voting prac- H.R. 2720: Mr. CUNNINGHAM. Inventories—received November 28, 2000, pur- tices and procedures in Federal, State, and H.R. 4301: Mr. WELDON of Florida and Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- local elections, and for other purposes; to the BENTSEN. mittee on Ways and Means. Committee on House Administration, and in H.R. 4633: Mr. SCHAFFER and Mr. MCHUGH. 11243. A letter from the Chief, Regulations addition to the Committee on the Judiciary, H.R. 5172: Mrs. CAPPS. Unit, Internal Revenue Service, transmitting for a period to be subsequently determined H.R. 5306: Mr. MCKEON and Mr. BACHUS. the Service’s final rule—‘‘Liable to Tax’’ by the Speaker, in each case for consider- H.R. 5447: Mr. RAMSTAD. Treaty Residence Standard—received De- ation of such provisions as fall within the ju- H.R. 5500: Mr. LATOURETTE. cember 4, 2000, pursuant to 5 U.S.C. risdiction of the committee concerned. H.R. 5520: Mr. CONYERS, Mr. KILDEE, Mr. 801(a)(1)(A); to the Committee on Ways and By Mr. STARK: HOEKSTRA, Mr. BARCIA, Mr. DINGELL, Mr. Means. H.R. 5646. A bill to amend titles XVIII and BONIOR, Ms. RIVERS, Mr. KNOLLENBERG, Mr. 11244. A letter from the Chief, Regulations XIX of the Social Security Act to provide for UPTON, Mr. SMITH of Michigan, Mr. CAMP, Unit, Internal Revenue Service, transmitting increased accountablility of nursing facili- Mr. EHLERS, Mr. LEVIN, Ms. STABENOW, and the Service’s final rule—Qualified Pension, ties and adequate nurse staffing for patient Ms. KILPATRICK. Profit-Sharing, and Stock Bonus Plans—re- needs in the facilities; to the Committee on H.R. 5612: Ms. BERKLEY, Ms. EDDIE BERNICE ceived November 20, 2000, pursuant to 5 Ways and Means, and in addition to the Com- JOHNSON of Texas, Mr. RODRIGUEZ, Ms. NOR- U.S.C. 801(a)(1)(A); to the Committee on mittee on Commerce, for a period to be sub- TON, and Mr. KILDEE. Ways and Means. sequently determined by the Speaker, in H.R. 5624: Mr. MCGOVERN, Mr. MCNULTY, 11245. A letter from the Assistant Adminis- each case for consideration of such provi- and Mr. FROST. trator, Bureau for Legislative and Public Af- sions as fall within the jurisdiction of the H.R. 5642: Mr. GARY MILLER of California, fairs, U.S. Agency for International Develop- committee concerned. Mr. HORN, Mr. EHRLICH, Mr. BILIRAKIS, Mr. ment, transmitting the Agency’s Annual Re- By Mr. YOUNG of Florida: BARR of Georgia, and Mrs. KELLY. port to Congress on activities under the Den- H.J. Res. 128. A joint resolution making H.R. 5643: Mr. TANCREDO. ton Program for the period July 1, 1999, further continuing appropriations for the fis- H.J. Res. 23: Mr. MCNULTY, Mr. BOUCHER, through June 30, 2000; jointly to the Commit- cal year 2001, and for other purposes; to the Mr. EVANS, and Mr. MINGE. tees on International Relations and Armed Committee on Appropriations. H. Con. Res. 337: Ms. EDDIE BERNICE JOHN- Services. By Mr. YOUNG of Florida: SON of Texas. H.J. Res. 129. A joint resolution making H. Res. 461: Mr. LEWIS of Georgia, Mr. TAL- f further continuing appropriations for the fis- ENT, and Mr. BLUMENAUER. cal year 2001, and for other purposes; to the Committee on Appropriations. f REPORTS OF COMMITTEES ON By Mr. ENGEL: PUBLIC BILLS AND RESOLUTIONS H.J. Res. 130. A joint resolution proposing PETITIONS, ETC. an amendment to the Constitution of the Under clause 2 of rule XIII, reports of Under clause 3 of rule XII, committees were delivered to the clerk United States to provide a new procedure for 122. The SPEAKER presented a petition of for printing and reference to the proper appointment of Electors for the election of the President and Vice President; to the a Citizen of Austin, Texas, relative to peti- calendar, as follows: Committee on the Judiciary. tioning the United States Congress to enact Mr. LINDER: Committee on Rules. House By Mr. ENGEL: legislation mandating uniform ballots na- Resolution 669. Resolution providing for con- H.J. Res. 131. A joint resolution proposing tionwide for elections at which the office of sideration of the joint resolution (H.J. Res. an amendment to the Constitution of the President of the United States, U.S. Senator, 128) making further continuing appropria- United States to provide a new procedure for or U.S. Representative, are to be decided by tions for the fiscal year 2001, and for other appointment of Electors for the election of voters; further providing partial Federal re- purposes (Rept. 106–1025). Referred to the the President and Vice President; to the imbursement to states, or localities, for the House Calendar. Committee on the Judiciary. costs of administering those elections at Mr. LINDER: Committee on Rules. House By Mr. FROST (for himself, Mr. LA- which any Federal office is to be filled by Resolution 670. Resolution providing for con- FALCE, Mr. LEACH, Ms. ROYBAL-AL- voters; and finally requiring that absentee sideration of the joint resolution (H.J. Res. LARD, and Mr. RODRIGUEZ): ballots involving any Federal office be in the 129) making further continuing appropria- H. Con. Res. 445. Concurrent resolution possession of election officials no later than tions for the fiscal year 2001, and for other whereas Henry B. Gonzalez served his Nation the actual date of the election; which was re- purposes (Rept. 106–1026). Referred to the and the people of the 20th District of Texas ferred to the Committee on House Adminis- House Calendar. in San Antonio with honor and distinction tration.

VerDate 06-DEC-2000 00:49 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\L07DE7.000 pfrm09 PsN: H07PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, THURSDAY, DECEMBER 7, 2000 No. 150 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:59 a.m., on the RECOGNITION OF THE ACTING close personal friend, Elmer Rasmuson, expiration of the recess, and was called MAJORITY LEADER who passed away last Saturday at the to order by the President pro tempore The PRESIDING OFFICER. The Sen- age of 91. Alaska is a far better place as [Mr. THURMOND]. ator from Alaska. a consequence of his life of public serv- f ice, his achievements in business, and PRAYER his personal philanthropy. The Chaplain, Dr. Lloyd John SCHEDULE Elmer was born in Yakutat, Alaska Ogilvie, offered the following prayer: Mr. MURKOWSKI. Mr. President, I in 1909, not long after the Klondike Gracious God, all through our history know all Members are interested in the gold rush. His life spanned Alaska’s as a nation, You have helped us battle schedule today, and the leader has modern history, history that he had a the enemies of freedom and democracy. asked me to notify all Senators that significant hand in shaping. Elmer served Alaskans in both the Today, on Pearl Harbor Day, we re- the Senate will be in a period of morn- public and private realms. He was a member the fact that the pages of our ing business until 1:45 today. Following morning business, the Senate will re- successful banker who put together history are red with the blood of those Alaska’s first system of statewide who have paid the supreme sacrifice in sume postcloture debate on the bank- ruptcy conference report. Under the branch banking. That wasn’t any easy the just war against tyranny. Those thing to do in a wild, far-flung terri- who survived the wars of the past half previous order, Senator GRASSLEY, Senator HATCH, Senator LEAHY, and tory like Alaska with four time zones, century are all our distinguished living but he succeeded in doing a tremendous heroes and heroines. They carry the Senator WELLSTONE will each have 30 minutes for debate prior to a 3:45 p.m. job with tremendous imagination and honored title of veterans. perseverance. Now, Lord, we dedicate this day to vote on final passage. A vote on a con- tinuing resolution is also expected dur- Along the way, Elmer amassed a per- You. Help us to realize that it is by ing today’s session. Senators will be sonal fortune, which he had, in recent Your permission that we breathe our notified as that vote is scheduled. I years, used to benefit libraries, muse- next breath and by Your grace that we thank my colleagues for their atten- ums, and universities in our State. are privileged to use the gifts of intel- tion. This legacy will live on, as it was lect and judgment You provide. Give Elmer’s wish that his personal fortune f the Senators a perfect blend of humil- continue to benefit Alaska long after ity and hope so they will know that ORDER OF PROCEDURE his death. You have given them all that they The PRESIDING OFFICER. Under Elmer also enjoyed a distinguished have and are and have chosen to bless the previous order, the time until 11 record of public service. He served on them this day. You are our Lord and a.m. is under the control of the Sen- the University of Alaska Board of Re- Saviour. Amen. ator from Washington, Mrs. MURRAY. gents for nearly twenty years; and he Mr. MURKOWSKI. Mr. President, the was the mayor of Anchorage from 1964– f Senator from the State of Washington 1967—including the difficult period of has been kind enough to allow me a few time encompassing the Good Friday PLEDGE OF ALLEGIANCE moments to make a statement on be- Earthquake of 1964 and the rebuilding The Honorable JIM BUNNING, a Sen- half of an outstanding Alaskan who of Alaska’s largest city. ator from the State of Kentucky, led passed away a few days ago. With her Elmer also had a keen interest and the Pledge of Allegiance, as follows: permission, I ask unanimous consent expertise in fisheries issues. He served I pledge allegiance to the Flag of the that she be recognized at the conclu- on the International North Pacific United States of America, and to the Repub- sion of my remarks, and I thank her Fisheries Commission from 1969 to 1984; lic for which it stands, one nation under God, for her graciousness. he served as the first Chairman of the indivisible, with liberty and justice for all. The PRESIDING OFFICER. Without North Pacific Fisheries Management objection, it is so ordered. The Senator Council. He was instrumental in the f from Alaska. creation of the 200-mile fisheries limit, f and in rebuilding the State’s salmon RESERVATION OF LEADER TIME runs after years of federal neglect. The PRESIDING OFFICER (Mr. ELMER RASMUSON Elmer brought this knowledge of BUNNING). Under the previous order, Mr. MURKOWSKI. Mr. President, I fisheries management to the U.S. Arc- the leadership time is reserved. rise to honor a truly great Alaskan, a tic Research Commission, a position

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

S11663

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VerDate 06-DEC-2000 01:00 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.000 pfrm02 PsN: S07PT1 S11664 CONGRESSIONAL RECORD — SENATE December 7, 2000 that President Ronald Reagan ap- pageant which will be held in early Washingtonians—regardless of party pointed him to fill in 1988. He served in February in Gary, Indiana. Ivette will affiliation—have come up to me with that position with great distinction, to compete for the title of Miss USA with high praise and appreciation for Sen- the benefit of Alaska and the entire other young women from 49 states and ator GORTON’S long service to our Nation. the District of Columbia. state, our country and this proud insti- We will long remember the benefits Upon winning the Miss Alaska USA tution. from his legacy of continuing philan- title, Ivette won scholarship and ward- I want to share with my colleagues a thropy. Elmer hired me back in 1959, robe money, a free trip to the national passage from an editorial this week in my first job in banking. I worked for pageant, and other generous prizes, as the Everett Herald. The Herald edi- him as a branch manager at one of the well as her crown and sash. However, torial reads, small offices in Anchorage and later this is not her first time wearing a History will rank Gorton with Senator throughout offices in southeastern crown. In April 1999, Ivette represented Henry M. ‘‘Scoop’’ Jackson and Senator War- Alaska. We remained close friends Alaska as our Cherry Blossom Princess ren G. Magnuson as an extraordinary leader through the 40 years that followed. His for the National Cherry Blossom Fes- in D.C. on behalf of the state. son Ed and his wife Cathy have shared tival here in Washington, DC. Throughout his career in the Senate and many memories and good times with My wife Nancy and I have known state government, Gorton has been a leading both Nancy and me. force in many major efforts to protect the Ivette for many years. We are very environment. Elmer’s commitment to Alaska was proud of her and her accomplishments, evident in many ways. In the private He also has been a consistent, passionate and we know that she will represent advocate for individuals with problems deal- sector, he was willing to take risks, Alaska with poise and distinction. ing with bureaucracy. commit capital to budding enterprises Ivette is a pleasure to be around and a Within the Senate, Gorton has been a in Alaska. In the public realm, he gave great asset to my office staff. grand force for reasoned bipartisanship, of his time and fortune. Just last year, Mr. President, my staff and I want to never afraid to take a strong stand but also Elmer and his wife Mary Louise do- wish Ivette the best of luck when she willing to work graciously and effectively nated $40 million to the Rasmuson with members of the opposition even at the competes in the Miss USA pageant this tensest moments. Foundation so the foundation can pro- coming February, and we again extend vide grants to education and social our congratulations to her on winning Many of our colleagues are well service nonprofit organizations. He her title. aware of SLADE’S history of public also gave another $50 million to the service. As a young man, SLADE GOR- f Anchorage Museum of History which TON moved to Washington state from Elmer helped start. In fact, on his 90th NATURAL GAS Chicago almost 50 years ago. birthday he gave away $90 million. He Mr. MURKOWSKI. Mr. President, I He wanted to go West in search of also donated the largest single dona- note that the Energy Committee is new opportunities. And with $300 and a tion to the University of Alaska Mu- contemplating a hearing on Tuesday on one-way ticket on a Greyhound bus, seum in Fairbanks. the spiraling price increases associated SLADE GORTON moved to Washington It is important to add that Elmer with natural gas. We are seeing a situa- State. was generous in many other ways other tion in existence now where we have History has shown that this Midwest than his wealth. He gave his time and terminated trading, for a portion of native fit right into Washington State. effort to civic groups, including the yesterday at least, in natural gas. I am And like so many immigrants to our Boy Scouts. told that natural gas was selling for great State, SLADE GORTON was wel- There is a saying that the true mean- about $2.16 per thousand cubic feet comed and given an opportunity to ing of life is to plant trees under whose make the most of his talents. shade you do not expect to sit. That is about 9 months ago. Last month it was $5.40; $7 last week. Yesterday it hit a From the very beginning, SLADE GOR- the true test of generosity. By that TON went to work on behalf of Wash- measure, Elmer Rasmuson was an ex- high of $8.80. We really have a crisis de- veloping in this country, not only from ington State. First, he married Sally traordinary individual in his gen- Clark from Selah, Washington. That erosity. Alaskans will remember him the standpoint of the adequacy of our natural gas supplies to meet our elec- same year—1958—SLADE went into poli- for generations to come. They, as tics and was elected to the Washington Nancy and I, will miss him greatly. tric generation requirements but home heating as well, inasmuch as 50 percent State House of Representatives where f of the homes in the United States are he rose to serve as the majority leader. IVETTE FERNANDEZ—MISS heated by gas. In 1968, he was elected attorney gen- ALASKA USA 2001 I thank my colleague from Wash- eral of Washington State. On numerous Mr. MURKOWSKI. Mr. President, ington, Senator MURRAY, for the time occasions on several historic cases, congratulations are in order for a she allotted me. I wish the Chair a SLADE represented the people of Wash- ‘‘Royal’’ Alaskan on my staff. Staff As- good day and my good friend from ington before the Supreme Court. sistant Ivette Fernandez was recently Washington as well. Chief Justice Warren Burger once crowned Miss Alaska USA 2001 at the I yield the floor. said that SLADE, ‘‘makes the best argu- state pageant held in Anchorage. Ivette The PRESIDING OFFICER. The Sen- ments before the Supreme Court of any was judged in the interview, swimsuit, ator from Washington is recognized. Attorney General in America.’’ He was and evening gown competitions. Along f also recognized with the prestigious with the title of Miss Alaska USA, Wyman Award given to the out- A TRIBUTE TO SENATOR SLADE standing attorney general in the Ivette also was honored with the Miss GORTON Congeniality title. United States. Born and raised in Fairbanks, Alas- Mrs. MURRAY. Mr. President, as we By this time, SLADE had also become ka, Ivette is the daughter of Antonio all know congressional lame duck ses- a respected leader throughout Wash- and Gloria Fernandez of Fairbanks. sions following an election are a rarity. ington State. She is a graduate of Lathrop High They usually arise when Congress is After three terms as the Washington School in Fairbanks and attended the unable to finish its business in a timely State Attorney General, SLADE GORTON University of Alaska Fairbanks before fashion, and that is true with this year ran for an won a seat in the United transferring to The George Washington as well. States Senate. He was elected three University (GWU) in Washington, DC. But this session affords me and this times to the United States Senate giv- She graduated with a Bachelor of Arts Congress an opportunity to acknowl- ing him an impressive record of win- degree from GWU in the fall of 1999. edge and pay tribute to the service of ning statewide election six times in Her future plans include attending law an esteemed colleague. Senator SLADE Washington. school and working in International GORTON, the Senior Senator from All of this is offered as a brief history Affairs. Washington state, will be ending his of SLADE’s many years of service. With As the new Miss Alaska USA, Ivette service here after 18 years in the Sen- time, there will certainly be many pub- will represent Alaska in the Miss USA ate. lic tributes to Senator GORTON. But

VerDate 06-DEC-2000 00:03 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.003 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11665 what I’d like to focus on now is our half of our constituents. And certainly, to our constituents. We worked to- time together in the United States all of Washington State appreciated his gether to boost the growing biotech Senate and the work we were able to do determined efforts to represent one of sector in our State and the promising together over the last eight years. the great symbols of Washington State. future that companies like Immunex I am sure all of my colleagues share Ask the Bush administration what it and others are building in Washington my own appreciation for the support, was like to do battle with SLADE GOR- State. From securing research dollars guidance, and sacrifices our families TON when he fought his own party to to representing the UW Medical make so that we can serve in the Sen- save the National Endowment for the School, Washington State’s health care ate. Our successes throughout our ca- Arts. needs were well served by the work of reers in public service are shared with Despite Washington, DC’s strong de- Senator GORTON. Here, like in so many our families. We rely on them in so sire to label us all, SLADE was always areas, he had an impact for the better- many ways. open. And when he took on a cause, he ment of our State and our country. He And that is certainly true for SLADE often surprised people. Throughout his was a champion on autism issues and I GORTON. Sally and SLADE have been career in both Washingtons, SLADE de- regularly worked with him to expand partners for all of his years of service. fied labels. health care for children. From Olympia, Washington to Wash- Most recently, Senator GORTON and I Senator GORTON was always known ington, D.C., Sally Gorton has been worked very closely on the issue of for tremendous staff work both in there each and every day. She and pipeline safety. Unfortunately, a trag- Washington, DC and throughout the SLADE have three children and seven edy in Bellingham, Washington State of Washington. He has served as grandchildren, who I know bring im- claimed three young lives and scarred a mentor to literally thousands of pro- mense pride to the Gorton family. forever a community. SLADE was right fessionals. The family tree of Gorton So, as we acknowledge and honor there with me from the very beginning, staffers past and present is a truly im- SLADE GORTON, I want to pay special working to raise the profile of the issue pressive list of Washingtonians. tribute to Sally Gorton and the entire and eventually pass through the Sen- One of Senator GORTON’s greatest and Gorton Family. We’ve all had to endure ate the toughest pipeline safety legis- lasting contributions to our State will some tough things in seeking to rep- lation ever adopted by either body of be the years of public service his resent our States in the Senate. We ac- Congress. Senator GORTON was instru- former staffers will give to Washington cept that politics can sometimes be mental to this effort. Working to- State. rough. gether, we took on some very powerful My staff and I have worked closely Our families—as our biggest defend- interests and extracted some tough with Senator GORTON’s staff. That ers—often take it more personally than compromises. working relationship was always inter- At the Appropriations Committee, we do. And, like all political families, rupted by an annual softball game that Senator GORTON and I teamed up on the Gorton family has been instru- could be as competitive as any Apple numerous instances each and every Cup football game between the Univer- mental to all of SLADE’S many suc- year to advance and protect Washing- cesses. Washington State is proud and sity of Washington and Washington ton’s many interests. From agriculture State University. I am proud to say the appreciative of all that Sally Gorton research programs benefiting apple Murray softball team won its share of has also done. growers and wheat farmers to export Much has been said in Washington games. But so did the Gorton team. promotion programs to land exchanges. State about the differences between And there were a couple of years where Washington was the only State with Senator GORTON himself contributed to Senator GORTON and myself. And while two appropriators. We were fortunate. his team’s wins. It was a friendly ri- SLADE and I have had our differences, More so because SLADE chaired the In- valry but I am sure SLADE will agree, not enough has been said about our terior Subcommittee where Wash- we both really wanted to win that ability to work together on behalf of ington has so many interests. game. Washington State. We worked together to clean up the The Gorton staff is as loyal as any on SLADE GORTON was a champion for Hanford Nuclear Reservation. We were Capitol Hill. And I am sure they will Washington State. When the interests partners in the effort to ease the Puget have an opportunity to thank Senator of Washington State were at stake, we Sound area’s very difficult traffic con- GORTON for all of his personal and pro- were a great team. gestion problems at the Transportation fessional guidance and assistance. I will miss our ability to work to- Subcommittee where we both served. But I am also sure they would want gether on a bipartisan basis, combining Beyond the Appropriations Com- me to say to Senator GORTON that they our strengths, to represent our great mittee, there are so many other issues believed in his work and that they will State. that we worked well together on behalf always be proud to call themselves As my colleagues know, there is also of Washington State. Commercial fish- Gorton staffers. no greater adversary in the United eries is immensely important to our This is certainly a time of change for States Senate than SLADE GORTON. State and we worked closely on the the country and for the Senate. And When Senator GORTON took on an Magnuson-Stevens Act in 1996 and the while Senator GORTON will leave the issue, everyone knew they had better American Fisheries Act in 1998. We re- Senate, we shouldn’t expect to see him prepare for an energetic and spirited cently worked together to pay tribute fade from the public scene. At home, he fight. Senators on both sides of the to a Nisei veteran and Washington will continue to be a respected leader aisle know what a challenge it is to State native William Kenzo Nakamura with perhaps many opportunities ahead take on Senator GORTON. by naming a courthouse after him in to further shape and influence our Most of you didn’t have to take those Seattle, Washington. State. fights home to your constituencies like We did work collaboratively on se- And, perhaps his service in Wash- I did. But those differences between lecting Federal judges in a time when ington, DC will continue as well. Senator GORTON and I were rare. And confirming judges was overly partisan. Change may seem uncertain but I am they were never personal or vindictive. We succeeded in getting our judges confident—just as he did almost 50 There were no political vendettas, and through this difficult process by work- years ago on the Greyhound bus—that we were always able to move onto the ing together. Senator GORTON will make the most of next issue of importance to our con- Time and again, we both worked to the new opportunities to come. stituents. help Boeing in its relationships with Senator GORTON, on behalf of all of Ask the Clinton administration and many foreign aircraft customers. Washington State, thank you for mak- the Justice Department what it is like Whether working with USTR or a for- ing Washington State your home. We to take on an issue and differ with eign government, SLADE worked hard have benefited enormously from the SLADE GORTON. He was a champion for for the almost 100,000 Washington decision you made as a young man to Microsoft in its ongoing legal battles State families who work at Boeing and settle in Washington State. Your serv- with the Department of Justice. I re- rely on aircraft sales. ice here in the Senate is one proud part spected his work on behalf of Microsoft Senator GORTON and I also worked of a dedicated and accomplished career and was proud to work with him on be- closely on health care issues important in public service.

VerDate 06-DEC-2000 00:03 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.001 pfrm02 PsN: S07PT1 S11666 CONGRESSIONAL RECORD — SENATE December 7, 2000 I yield the floor to my colleague Sen- their concerns. As Senator MURRAY has I feel a great emptiness inside at the ator GORDON SMITH from Oregon. reminded us, Microsoft knew no great- thought of his departure. But I know, Mr. SMITH of Oregon. I thank Mrs. er champion on the floor of the Senate as he knows, that in democracy you do MURRAY, the Senator from Wash- than SLADE GORTON as he battled for not always get to win, but you always ington, for her kind words on behalf of this State’s great interest in get your say. I hope the day will come, our colleague and friend, Senator Microsoft’s survival and success. So he in a different forum, perhaps, when SLADE GORTON. was both high tech and farmer friendly. SLADE GORTON will have his say again. I am filled with conflicting emotions He was a man for all seasons for the Until then, I pray God’s choicest this morning. It is easy for me to come Pacific Northwest and for his State of blessings for SLADE and Sally GORTON to the floor of the Senate to sing the Washington. to sustain them in this difficult transi- praises of SLADE GORTON. It is hard for This morning, as I contemplated tion and to help all of us who remain me to contemplate this place without what I could say about him, a passage behind to fill his very considerable him. As Senator MURRAY has detailed of scripture from the New Testament shoe size as a Senator. his history, I won’t repeat it, but I do came to my mind that seemed to be, in I yield the floor. think it is significant that this good my view, the bright way that I see The PRESIDING OFFICER. The Sen- man comes from a family from New SLADE GORTON. After giving the Ser- ator from Washington. England but, like a delicious Wash- mon on the Mount, Jesus said: Mrs. MURRAY. Mr. President, I ask ington apple, he is a product of Wash- Ye are the light of the world. A city that unanimous consent to have printed in ington State. is set on a hill cannot be hid; neither do men the RECORD a number of statements re- SLADE often tells the story of Lewis light a candle and put it under a bushel, but garding Senator GORTON and his distin- and Clark coming down the Columbia on a candlestick, and it giveth light unto all guished service. I want to take par- that are in the house. Let your light so shine River. They approached the Pacific on before men, that they may see your good ticular note of the statement by our the Washington side. The first election works and glorify your Father, which is in colleague, JOE LIEBERMAN, who could that included minorities of African heaven. not be here today. Senator GORTON and American, Indian descent, and female SLADE GORTON’s light is very bright. Senator LIEBERMAN worked on many gender, took place on the shores of I don’t know of a brighter person in the initiatives over the years. I want to what we now know as Washington Senate, a smarter person. I have re- read his statement: State. The decision before the party ferred to him before as the E.F. Hutton Mr. President, I wish to express my great- was whether to stay in Washington or of the Senate: When he would speak, est respect and affection for Slade Gorton of whether to move to Oregon on the we would all listen. I know that is true Washington with whom I have enjoyed work- other side of the river. The vote was to in the Republican Conference. In his ing closely for a number of years. Slade’s life is characterized by his commitment to faith, move to Oregon. SLADE has always halting way, it was worth stopping used that story as an example that the family, service, and law. As he leaves the whatever you were doing to listen to Senate, I want to reminisce about some of voters are not always right. him, because what was said was worth the matters I have been privileged to work I have never shared the same conclu- remembering and to be valued and fol- with Slade Gorton. sion with respect to that story, and I lowed. Over the years, Senator SLADE GORTON has find it humbling to accede to the will So SLADE’S light, in my view, still been a great leader on educational reform, of the majority in elections, as I do burns brightly, and cannot be hid; it striving to raise the performance of our na- now, with the defeat of SLADE GORTON should still be utilized. I cannot predict tion’s elementary and secondary schools and for another term. It is a hard decision, how this Presidential election will turn the quality of education so that all children nevertheless, for me. may reach a high level of academic achieve- out, but I do hope that if it should be ment. The senior Senator for Washington SLADE was also given to say that President Bush, he will see that light and I have worked together on a number of mountains divide and rivers unite. as brightly as I do and utilize SLADE in proposals to improve our educational sys- Truly, the Columbia River is one of the service of our country still because tem. His contributions have led the way for many marvelous things that Wash- our country needs him and he has so better educational accountability and inno- ington and Oregon share together. It is much more yet to give. vation in the years ahead. the thing which has made of Washing- Like SLADE, I have known victory Of great importance to our country are tonians and Oregonians good friends and defeat in running for the Senate. I Slade Gorton’s continued efforts to preserve for so many years. It is, perhaps, the had no greater friend when I first ran and honor American history by calling for stronger history curriculum standards and greatest thing that brought SLADE for the Senate, and by a margin nearly literacy awareness in our colleges and uni- GORTON and me together, a common in- the one by which he has now lost, I also versities. I truly believe such endeavors help terest in being good neighbors, a com- lost. I remember his letter so vividly to unite our nation by demonstrating the mon interest in the values and uses of because he had worked so hard for me. importance of our shared heritage and civic the river for both natural and human It came a few days after my defeat. He culture as Americans. purposes. Oregon has lost a great friend said how no defeat for a Senator’s race One of my most memorable experiences at the end of the service of SLADE GOR- had ever affected him as badly as mine, with Slade was the work we did together after the House impeached President Clin- TON. except the time he had lost once be- Time and again, I would appeal to ton. All of us in the Senate knew that how fore. And it was a hard and bitter we handled the impeachment trial would test SLADE in his powerful position on Ap- thing. But he admonished me to get up us all—both individually and as an institu- propriations to help the people of my and to try again, as he had tried again. tion. We could either fall into intense par- State with appropriations that He admonished me to serve and to not tisanship, miring ourselves and the country mattered to farmers, to fishermen, to hide my light under a bushel because in lengthy and disruptive proceedings that foresters. He was always there, always he needed me, and the farmers, the threatened to leave this institution de- anxious to help, always anxious to pro- fishermen, and the foresters of the meaned and scarred, or we could rise above vide money for salmon restoration and Northwest needed me. I have the feel- partisanship and join together in a way that for things that make the lives of all in preserved this body’s dignity while at the ing they need me more now than ever same time ensuring a full airing of the issues the Pacific Northwest better. with SLADE’S departure. before us. SLADE GORTON was the champion of He also said—and I will never forget Slade took the lead in guiding us to a dig- many things, but I think he was the it—he told me it probably upset his law nified path, formulating a plan that ulti- greatest champion for rural people. He partners in Seattle—that the worst day mately formed the basis of the process the knew that our prosperity, our standard in the Senate is far better than the Senate adopted. Notwithstanding his per- of living, ultimately came from the re- best day in the practice of law, which sonal views, his love for his country and this sponsible use of natural resources. So is another reason he labored so hard to institution led him to put principle above he stood by farmers. He stood by fish- partisanship and to formulate a plan for re- come back and to serve. And it is a solving the impeachment case before it ermen. He stood by those who logged. marvelous privilege to be here, to serve wreaked more havoc on the Senate and the He stood by the miner. He fought for the people you love at home. nation. I was delighted to work on that plan their jobs. He fought for them to have SLADE was right. I now know how he with him, and was impressed again by the a place. But he was not just focused on felt when he wrote that letter because civilized, thoughtful, and nonpartisan way in

VerDate 06-DEC-2000 00:50 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.002 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11667 which Slade Gorton proceeded. I truly be- By this time, Slade had also become a re- Most recently, Senator Gorton and I lieve that his leadership was instrumental in spected leader throughout Washington state. worked very closely on the issue of pipeline seeing the Senate through that difficult time After three terms as the Washington state safety. Unfortunately, a tragedy in Bel- with honor. Attorney General, Slade Gorton ran for and lingham, Washington, claimed three young Slade Gorton leaves the Senate with much won a seat in the United States Senate. He lives and scarred a community forever. Slade to be proud of, and much to look forward to. was elected three times to the United States was right there with me from the very begin- For my wife and myself, I send Slade and Senate—giving him an impressive record of ning, working to raise the profile of the issue Sally and their wonderful family love and winning statewide election six times in and eventually to pass through the Senate every good wish for the next great chapter of Washington. the toughest pipeline safety legislation ever their lives. All of this is offered as a brief history of adopted by either body of Congress. Senator I also ask unanimous consent to have Slade’s many years of service. With time, Gorton was instrumental to this effort. there will certainly be many public tributes printed in the RECORD several edi- Working together, we took on some very to Senator Gorton. But what I’d like to focus powerful interests and extracted tough com- torials regarding Senator GORTON’s on now is our time together in the United promises. long service to our State of Wash- States Senate and the work we were able to At the Appropriations Committee, Senator ington. do together over the last eight years. Gorton and I teamed up in numerous in- There being no objection, the mate- I am sure all of my colleagues share my stances each and every year to advance and rial was ordered to be printed in the own appreciation for the support, guidance protect Washington’s many interests from and sacrifices our families make so that we RECORD, as follows: agriculture research programs benefitting can serve in the Senate. We rely on them in apple growers and wheat farmers to export STATEMENT BY SENATOR MURRAY IN TRIBUTE so many ways. Slade is fortunate to have promotion programs and land exchanges. TO SENATOR SLADE GORTON such a supportive family. Sally and Slade Washington was fortunate to be the only Mr. President, congressional lame duck have been partners for all of his years of state whose two senators both served on the sessions following an election are a rarity. service. From Olympia, Washington, to Appropriations Committee. Of course, Slade They usually arise when Congress is unable Washington, D.C., Sally Gorton has been chaired the Interior Subcommittee where to finish its business in a timely fashion and there each and every day. She and Slade Washington has so many interests. We that is true with this year as well. But this have three children and seven grandchildren, worked together to clean up the Hanford Nu- session affords me and this Congress an op- who I know bring immense pride to the Gor- clear Reservation. We were partners in the portunity to acknowledge and pay tribute to ton family. So, as we acknowledge and honor effort to ease the Puget Sound area’s very the service of an esteemed colleague. Sen- Slade Gorton, I want to pay special tribute difficult traffic congestion problems at the ator Slade Gorton, the senior Senator from to Sally Gorton and the entire Gorton fam- Transportation Subcommittee where we Washington state, will be ending his service ily. both served. here after 18 years in the Senate. Much has been said in Washington state Beyond the Appropriations Committee, Washingtonians regardless of party affili- about the differences between Senator Gor- there are so many other issues that we ation have come up to me with high praise ton and myself. While Slade and I have had worked well together on behalf of Wash- and appreciation for Senator Gorton’s long our differences, not enough has been said ington state. Commercial fisheries are im- service to our state, our country and this about our ability to work together on behalf mensely important to our state and we proud institution. I want to share with my of Washington state. He was a champion for worked closely on the Magnuson-Stevens Act Washington state. When the interests of colleagues a passage from an editorial this in 1996 and the American Fisheries Act in Washington state were at stake, we were a week in the Everett Herald. The Herald edi- 1998. We recently worked together to pay great team. I will miss our ability to work torial reads, ‘‘History will rank Gorton with tribute to a Nisei veteran and Washington on a bipartisan basis, combining our Senator Henry M. ‘Scoop’ Jackson and Sen- state native William Kenzo Nakamura by strengths, to represent our great state. ator Warren G. Magnuson as an extraor- naming a courthouse after him in Seattle, dinary leader in D.C. on behalf of the state. As my colleagues know, there is also no greater adversary in the United States Sen- Washington. Throughout his career in the Senate and We worked collaboratively on selecting ate than Slade Gorton. When Senator Gorton state government, Gorton has been a leading Federal judges in a time when confirming took on an issue, everyone knew they had force in many major efforts to protect the judges was overly partisan. We succeeded in better prepare for an energetic and spirited environment. He also has been a consistent, getting our judges through this difficult passionate advocate for individuals with fight. Senators on both sides of the aisle know what a challenge it is to take on Sen- process by working together. problems dealing with bureaucracy. Within Time and again, we both worked to help the Senate, Gorton has been a grand force ator Gorton. Most of you didn’t have to take those Boeing in its relationships with many for- for reasoned bipartisanship, never afraid to fights home to your constituencies like I did. eign aircraft customers. Whether working take a strong stand but also willing to work But those differences between Senator Gor- with USTR or a foreign government, Slade graciously and effectively with members of ton and I were rare. And they were never per- worked hard for the almost 100,000 Wash- the opposition even at the tensest mo- sonal or vindictive. There were no political ington state families who work at Boeing ments.’’ vendettas, and we were always able to move and rely on aircraft sales. Many of our colleagues are well aware of on to the next issue of importance to our Senator Gorton and I also worked closely Slade’s history of public service. As a young constituents. on health care issues important to our con- man, Slade Gorton moved to Washington Ask the Clinton Administration and the stituents. We worked together to boost the state from Chicago almost 50 years ago. He Justice Department what it is like to take growing biotech sector in our state and the want to go West in search of new opportuni- on an issue and differ with Slade Gorton. He promising future that companies like ties. And with $300 and a one-way ticket on was a champion for Microsoft in its ongoing Immunex and others are building in Wash- a Greyhound bus, Slade Gorton moved to legal battles with the Department of Justice. ington state. From securing research dollars Washington state. I respected his work on behalf of Microsoft to representing the UW Medical School, History has shown that this Midwest na- and was proud to work with him on behalf of Washington state’s health care needs were tive fit right into Washington state. Like so our constituents. And certainly, all of Wash- well served by the work of Senator Gorton. many immigrants to our great state, Slade ington state appreciated his determined ef- Here, like in so many areas, he had a signifi- Gorton was welcomed and given an oppor- forts to represent one of the great symbols of cant and positive impact on our state. He tunity to make the most of his talents. Washington state. Ask the Bush Administra- was a champion on autism issues, and I regu- From the very beginning, Slade Gorton tion what it was like to do battle with Slade larly worked with him to expand health care went to work on behalf of Washington state. Gorton when he fought his own party to save for children. First, he married Sally Clark from Selah, the National Endowment for the Arts. Effective leaders attract talented people to Washington. That same year—1958—Slade Slade Gorton also fought for the United their offices and Senator Gorton has always went into politics and was elected to the States Senate. When the Congress was strug- had a very effective staff both in Wash- Washington State House of Representatives. gling through a very partisan impeachment ington, DC, and throughout the State of In the Washington House, Slade rose to serve process, it was Slade Gorton who along with Washington. He has served as a mentor to as the Majority Leader. our colleague Senator Joe Lieberman literally thousands of professionals. The In 1968, he was elected Attorney General of stepped forward with a plan for the Senate. family tree of Gorton staffers past and Washington state. On numerous occasions on Senator Gorton, in this instance as well as in present is a truly impressive list of Washing- several historic cases, Slade represented the many others, had enormous respect for this tonians. One of Senator Gorton’s greatest people of Washington before the Supreme institution. That respect for the institution and lasting contributions to our state will be Court. Chief Justice Warren Burger once said is evident in the respect he enjoys among all the years of public service his former staffers that Slade, ‘‘makes the best arguments be- Senators. will give to Washington state. fore the Supreme Court of any Attorney Despite Washington D.C.’s strong desire to My staff and I have worked closely with General in America.’’ He was also recognized label us all, Slade was always open. When he Senator Gorton’s staff. That working rela- with the prestigious Wyman Award given to took on a cause, he often surprised people. tionship was always interrupted by an an- the outstanding Attorney General in the Throughout his career in both Washingtons, nual softball game that could be as competi- United States. Slade defied labels. tive as any Apple Cup football game between

VerDate 06-DEC-2000 00:50 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.010 pfrm02 PsN: S07PT1 S11668 CONGRESSIONAL RECORD — SENATE December 7, 2000 the University of Washington and Wash- Among his most loyal backers is a small He learned to say thank you. He admitted ington State University. I am proud to say army of women who have worked for Gorton that some of his votes in his first term were the Murray softball team won its share of at various stages of his career. mistakes and he asked voters for a second games. But so did the Gorton team. And Many have gone on to their own careers in chance. there were a couple of years where Senator public life. They gave it to him. Gorton himself contributed to his team’s Now, facing forced retirement by the nar- That he lost twice shouldn’t be a legacy- wins. It was a friendly rivalry, but I think rowest of voter margins, Gorton, 72, can con- killer. We forget how tough it has been for Slade will tell you, we both really wanted to template a life of ongoing service, possibly Republicans to win the governor’s office or win that game. in a Bush administration, or better yet, as a the two U.S. Senate seats in Washington. The Gorton staff is as loyal as any on Cap- senior statesman in Washington State and In fact, since 1954 only three Republicans itol Hill. I am sure they will have an oppor- the Northwest where his talents are still have—Evans, Gorton and John Spellman. tunity to thank Senator Gorton for all of his welcome and much needed. In that same time period, eight different personal and professional guidance and as- Democrats have won those offices—five men sistance, but I am also sure they would want [From the Tacoma News Tribune, Dec. 5, and three women. me to say to Senator Gorton that they be- 2000] Gorton overcame that handicap with a lieved in his work and that they will always HOLD A PLACE FOR GORTON AMONG STATE’S strategy that has always drawn criticism— be proud to call themselves Gorton staffers. POLITICAL GIANTS he ran against Seattle and exploited the This is certainly a time of change for the (By Peter Callaghan) resentments many have for the state’s big- country and for the Senate. And while Sen- It’s a journalistic must-do. gest city. He was accused of using so-called ator Gorton will leave the Senate, we When a prominent officeholder is defeated, wedge issues that divided the state. shouldn’t expect to see him fade from the we roll out the retrospective articles—obitu- But that in itself is a Seattle-centric cri- public scene. At home, he will continue to be aries for the living. tique. It’s OK—in fact, preferred—to rep- a respected leader with perhaps many oppor- We attempt to place our politicians in per- resent Puget Sound to the detriment of the tunities ahead to further shape and influence spective before we have any. rest of the state. Doing the opposite, how- our state. It’s Slade Gorton’s turn now. The 72-year- ever, is divisive. And perhaps his service in Washington, old U.S. senator’s defeat will become official Cantwell won just five of the state’s 39 D.C., will continue as well. I am confident— Wednesday. counties. But she is defined as a unifier while just as he did almost 50 years ago on the But he was pretty sure when the first Gorton is a divider. Greyhound bus—that Senator Gorton will count of votes was released the day before The campaign is too recent for liberals to make the most of the new opportunities to Thanksgiving when he declared himself view Gorton’s service as anything but a dis- come. ‘‘cautiously pessimistic’’ that a recount aster. Senator Gorton, on behalf of the people of would make a difference. But as time passes, perhaps they’ll be more Washington state, thank you for your many It didn’t. Last Friday the county-by-coun- willing to give him his due and allow him to years of dedicated service. Thank you for ty tally showed that Democrat Maria take his place in state political history with giving your time, your energy, and your wis- Cantwell’s lead actually grew by a few hun- those other giants. dom to people of our state and our country. dred votes. We have benefitted enormously from your So Gorton walked in front of the cameras [From the HeraldNet, Dec. 5, 2000] work and we are grateful for your service. and the newsies to make a very short state- ment. He took no questions. OUR VIEWS—MARIA CANTWELL FOLLOWS A GREAT LINE OF SENATORS [From the Seattle Times, Dec. 5, 2000] That left others to pass judgment on a ca- With a history of outstanding U.S. sen- GORTON’S NOTEWORTHY PUBLIC CAREER reer in politics that began in 1958. He served 10 years in the state House of Representa- ators, Washington state is about to embark There is no particular joy in bidding fare- tives, 12 as attorney general and 18 in the on what should be a fine new chapter. well to the state’s senior senator, Slade Gor- U.S. Senate. With time, Maria Cantwell ought to be- ton. Longevity is just one of the reasons he come another fine senator for Washington. This page endorsed his opponent, Maria should be considered for the same status as Indeed, the likelihood is that the Democrat Cantwell, and we look forward to the Warren Magnuson, Dan Evans, Henry Jack- from Edmonds will become an effective, changes in style and policy she can bring to son, Wesley Jones, Julia Butler Hansen and high-profile member of the Senate early on. the job. But we would be remiss if we failed to pay Tom Foley—giants all. It certainly helps Cantwell’s visibility that Impact is another reason. So is presence. tribute in this space to Gorton’s distin- her election appears to have broken the Re- So is the breadth of his legacy. guished public career. He was first elected publican majority and given Democrats a 50– But there’s a much different tone to Gor- state legislator, then attorney general and 50 tie for the next session. ton’s postmortem than for the others. Much has served three terms as Senator. The situation undoubtedly influenced two of the space is devoted not to what he was Legacy is not a notion that comes easily to major networks to interview Cantwell on but to what he wasn’t. Gorton. Late in the campaign, when asked their morning news shows Monday. As He wasn’t wildly popular. He wasn’t able to what was the legacy of his years in public Democrats point out, moreover, the election generate affection among voters. He wasn’t service, he groped for a response. Perhaps of the former high-tech executive gives the one to bring home the bacon in the form of that’s because Gorton’s career was not a country its first senator from the new econ- dams and hospitals and military bases. omy. Even in a Senate that includes a fresh- straight line toward clear goals or major ac- In a phrase, he wasn’t Scoop and Maggie. complishments. man well enough known to have won elec- This presumes, of course, that Gorton tion from New York without using her last As a legislator he was more pragmatist could have been just like Scoop and Maggie than ideologue. As his Republican party name, Cantwell’s talents should earn her even had he wanted to be. Times had ample notice. moved to the right, Gorton feigned just changed. Gorton was elected in the GOP enough moves in that direction to stay in of- While Cantwell is making a promising landslide that ushered in the Reagan era. entry into the Senate, Washington state cer- fice, moves that prompted criticism on this It was a time of lowered expectations of tainly will miss the presence of longtime page and elsewhere. the federal government. It was a time when Sen. Slade Gorton. Although Gorton would A careful look at the sweep of is career re- the ability to win hundreds of millions of be an excellent choice for a post in a possible veals Gorton’s better impulses. He is cred- federal pork was at an end. ited with helping to save the National En- Heck, Scoop and Maggie wouldn’t be Scoop Bush cabinet, the state has lost the clout he dowment for the Arts and the Forest Legacy and Maggie in times such as those. carried as a senator with 18 years seniority. Program, a crucial source of funds for the But Slade Gorton did manage to build his History will rank Gorton with Sen. Henry Mountains to Sound Greenway project along own legacy as a smart, savvy politician who M. ‘‘Scoop’’ Jackson and Sen. Warren G. I–90. was the go-to guy in the Washington state Magnuson as an extraordinary leader in D.C. Gorton was one of the saner voices in Con- delegation for much of the last two decades. on behalf of the state. Throughout his career gress during the impeachment. He teamed If you want your politicians warm and in the Senate and state government, Gorton with his friend, Democratic Sen. Joseph fuzzy, don’t knock on Gorton’s door. He was has been a leading force in many major ef- Lieberman, to broker a middle-ground solu- of a generation that didn’t believe in public forts to protect the environment. He also has tion that would short-circuit a trial. They displays of affection—especially the phony been a consistent, passionate advocate for were unsuccessful, but the effort is a reveal- kind practiced by some politicians. individuals with problems dealing with bu- ing example of Gorton at work during a his- That he never made an emotional connec- reaucracy. Within the Senate, Gorton has toric time in the nation’s Capitol. tion with voters hurt him in the two close been a grand force for reasoned bipartisan- Gorton’s name is attached to several major elections that he lost in 1986 and 2000. ship, never afraid to take a strong stand but accomplishments from the early years of his But most other times, Washington voters also willing to work graciously and effec- career. Lawyer and longtime civic activist realized we were electing a U.S. senator, not tively with members of the opposition even Jim Ellis credits Gorton with steering a host for a children’s TV show. at the tensest moments. through the state legislature the program Gorton did something few other politicians Gorton’s career was certainly marked by known as Forward Thrust, a package of could—he learned from that earlier defeat tough fights with opponents and a willing- major public works in King County. that he had to listen as well as talk. ness to criticize liberals from the Puget

VerDate 06-DEC-2000 00:03 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.005 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11669 Sound region. That divisiveness, in fact, may forth money on an unprecedented basis the basic thinking himself because of have contributed to his defeat by Cantwell. to do what needed to be done, both for the deeply thoughtful nature of his But he helped ensure that the less urban our air traffic control system and for mind and his instinct about not just areas of the state weren’t forgotten. the infrastructure which our Congress legislating but the way he conducted To her credit, Cantwell campaigned to be- come a senator for the entire state. She has and our Nation just blithely ignore— probably all his life. promised, in fact, to visit each of the state’s complaining about noise, complaining I admire very much the fact that he 39 counties every year. That will be a chal- about delays, and then declining to do has been in public life for so long, and lenging but worthwhile task. anything about it. It is not a problem at the age of 72 sought to continue that Cantwell has talked about the need for ac- which fixes itself. public service. He has expressed a deep tion on issues that relate directly to people’s SLADE was, in a sense, kind of a pio- belief in public service. There are many lives, including prescription drugs and con- neer on this issue which in some ways honorable professions, but I think pub- trols on health maintenance organizations. is similar to the IT phenomenon, the lic service is one of the hardest and With her incisive understanding for policy Internet; it burst upon us. But people most honorable of all of them if it is issues, demonstrated in both the state Legis- lature and the U.S. House of Representa- have been rather quick to learn about carried out with serious intent and se- tives, she could help create answers to such the new economy and the Internet and rious purpose. Ambition always accom- difficult questions. rather slow to learn about a problem panies public service, but ambition has Her lack of seniority, though, deprives the which is just as severe and technical to be overruled in the final analysis by state of the significant influence over appro- and just as complex as that one. But this concept of serving the public and priations that Gorton wielded, especially for SLADE, obviously, as is typical of him, of trying to make a better situation for environmental projects. The state, and Cant- never shirked his duty either to his the State one represents and also our well, will have to look to Sen. Patty Murray State or to his country. Nation. to fill as much of the gap as possible. Cantwell returns to politics after making a He has a work ethic. A ‘‘work ethic’’ SLADE is a Senator from the State of fortune with a high-tech company in just simply describes itself, but the way in Washington but also from the United five years. As the careers of Jackson, Magnu- which SLADE GORTON has carried that States of America. He understood that son and Gorton have demonstrated, the out over all the years I have worked and exercised both of those responsibil- length of service is a critical factor in mak- with him is something which has both ities. He argued, I am told, 14 times be- ing a great senator. Cantwell should keep given me joy and a great sense of admi- fore the U.S. Supreme Court when he that in mind as she makes what is likely to ration. I don’t know if there are any was attorney general of his State. That be an impressive entrance into the Senate of cartoons anywhere, but there are a lot says to me that he did not simply, as is the United States. of stories: One always sees Senator the case sometimes, particularly in Mrs. MURRAY. Mr. President, I yield GORTON at his desk—reading. The en- more recent years, jump for the top of- such time as he may need to the Sen- tire Senate can be engulfed in a con- fice or one of the top offices. He worked ator from West Virginia, Mr. ROCKE- flagration of some sort, usually about his way up through the system. I ad- FELLER. something which means absolutely mire that. It shows a determined, a The PRESIDING OFFICER. The Sen- nothing, but SLADE GORTON under- very professional, long-term commit- ator from West Virginia. stands that and so he simply turns to ment to public service at whatever Mr. ROCKEFELLER. Mr. President, I newspapers, journals, things which— level and also respect for the experi- rise today on a personal basis to reflect again, with his very superior intel- ence one develops on the way up as one a little bit about the SLADE GORTON I lect—are increasing his knowledge, in- serves in one’s State and goes on to a have known and worked with over a creasing his perspective and the depth more national forum. number of years now. Even as I wel- of his ability, therefore, to be helpful He is and always will be a superb leg- come Mary Cantwell into the Senate, I to his people, to his country, and to the islator. He has been a superb friend to also am very sorry to see SLADE GOR- Senate. me. We have not spent a lot of time en- TON go—just because of the very ex- He had a very interesting position, gaged in personal discussion, but there traordinary character he brought to too, in the Senate, in that he was a was a constancy in the way our rela- this institution. very close adviser, and may remain so, tionship evolved and then maintained I worked with SLADE very closely on to the majority leader, TRENT LOTT. He itself which always made me believe I the Commerce Committee. Our juris- did not do that through the power of could trust SLADE GORTON and look to dictions, so to speak, overlapped a good politics. He did not lobby in the way SLADE GORTON for sound advice and deal. Our interests overlapped a good that people often do when they run for sound judgment on virtually any mat- deal. One of the pieces of legislation offices, go around trying to pick up ter. where I thought you saw SLADE work- votes in that way. It was simply the He is firm in his views, and I respect ing at his best, when he was so effec- power of his reasoned, calm intellect, that. We differ often on views, and yet tive in the Senate, was the reauthor- the even temperament of his nature, it is never a personal matter. Again, it ization of the Federal Aviation Agency. and the compelling force of his logic is a truly brilliant, analytical, ordered This was actually a very complicated and the calmness in which all of this mind coming to his conclusions in the piece of legislation. It was one that was evolved and presented itself, which I way he thought best for him and for particularly difficult because the Sen- think—my guess would be—drew Sen- the people he represents. ate as a whole has not bothered to en- ator LOTT to understand that to rely When we talked personally, it was al- gage itself particularly with the whole on SLADE GORTON’s judgment and un- most always about his grandchildren; subject of aviation and the enormity of derstanding and advice would be a very of course, about Sally, his wife, whom the crisis which is facing us and which wise thing to do. I think he married in 1958. He has seven manifests itself in the summer and SLADE GORTON and I did not nec- grandchildren, and when there was tourist season and then is quickly for- essarily have the same voting records, frustration about the Senate dragging gotten as soon as the tourist season is but we often had the same approach to on too long, he would talk about the over and the delays diminish some- issues, not all of which I will discuss joy of being with his grandchildren. He what. One can see, as the industry here, and we have come to differ on talked at length about that. That was grows, it also runs into more severe some of those issues. But I always have another side of SLADE GORTON: SLADE problems, financially and otherwise. had this deep sense of respect for him. GORTON the family person, the tightly SLADE GORTON had an innate under- He never was a typical Senator. He was disciplined mind, and yet underneath a standing of aviation, obviously, be- not a backslapper. Yet when he gave very warm sense of what, in many cause of the State from which he came. his word, you needed to worry no more ways, is an even larger legacy, and that But he was also a master craftsman in because that was it. As they say, his is, what is the nature of one’s family, terms of understanding issues, pro- word was his bond—and it really was. what is the nature of one’s relationship ducing legislation, and then forging a He had always an excellent staff to the members of one’s family. compromise that would lead to a result about him. Yet you always had the I express my respect for him, my af- that, in effect, reauthorized the Fed- feeling that SLADE GORTON made all of fection for him for his constancy of eral Aviation Administration and put the decisions and did, really, most of purpose and for his superbly honed

VerDate 06-DEC-2000 00:50 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.008 pfrm02 PsN: S07PT1 S11670 CONGRESSIONAL RECORD — SENATE December 7, 2000 skills. His presence in the Senate is yond that. Wherever he touches things, conduct of occurrences of significance and will be always considered unique. either by committee work or by being in the Senate. I am not sure how that He is a unique person, cerebral but ef- called in by our majority leader to dis- will be picked up because much of it fective, highly analytical but deeply ef- cuss issues to advise him, he leaves an occurs in meetings that are not public fective in the internal combat, whether imprint. It is not that he must get his not private meetings but meetings that it be on the Appropriations Committee, way all the time, but essentially he is are just not known because they are in the Budget Committee, the Commerce rather compelling and does succeed the leader’s office or a committee Committee, the Energy Committee, or most of the time by power of persua- room. any of his various committees. He sion to leave his imprint in the Halls of But what I want to say to him is: knows how to fight. He knows how to the Senate, be it in this Chamber, You will be missed because while you achieve what he wants for the people of while we discuss things seriously and have been here, you have been felt. his State. collegially as Republicans or combined People have known you were here. As I said at the beginning, I rise to Republicans and Democrats, or cer- They knew your presence, your intel- express this respect, to express this tainly where small groups of Senators lectual presence, your humanity, your sense of admiration for the nature of meet because they must meet in their loyalty, and, yes, your skill at knowing his abilities as a Senator and his broad leadership roles. He is almost always when things ought to happen. SLADE expanse as a human being. among them. has a real knack for knowing: Well, it I thank the Presiding Officer and From my own standpoint, I have had is about time to spring this. He will be yield the floor. one major commitment, one major there doing that and, sure enough, it The PRESIDING OFFICER. The Sen- user of my time in my work, and that will go unnoticed that he was the one ator from New Mexico. is to understand and make sense of the who got it done. Mr. DOMENICI. Parliamentary in- U.S. budget. While it is not my only Individually, from my standpoint, he quiry: Is it time for the Senator from job, it is one of those the Senate ex- has been at my side every time we have New Mexico to speak about the depar- pects somebody to know a lot about if had major events on the floor that I ture of Senator SLADE GORTON? they are going to come down here and have had to manage. There have been The PRESIDING OFFICER. The time talk about it. I have been privileged to many, they have been long, and they is under the control of the Senator work in that committee since its ori- have been arduous. from Washington. gin, believe it or not. It is a rather new When I had to test them and tried Mrs. MURRAY. Mr. President, I am committee, enforcing a rather new part them on for size with SLADE GORTON, happy to yield to the Senator from of the Senate. We used to have just au- and he said, ‘‘That’s the way to do it,’’ New Mexico whatever time he needs to thorizing and appropriations, and some no one will really know what that has speak about Senator GORTON. 26 years ago we had budgeting. He has meant. Nobody will really understand Mr. DOMENICI. I am very sorry to been on that committee with me how influential saying ‘‘that’s the way ask for that. I thought Senators on our through thick and thin. to do it’’ from SLADE GORDON really is side had control. I am very pleased Everybody should know that we did a in terms of many of us here. Senator MURRAY yielded to me. lot of innovative things in that com- He has a wonderful wife Sally and Mr. President, I come this morning mittee. We rather imaginatively broad- three great, wonderful children. I hope to speak about my friend, SLADE GOR- ened the scope called reconciliation whatever happens in the next few TON, who is leaving the Senate shortly. where we can insist that things get years, since he is so knowledgeable I thought I better do it today because, done without being burdened by fili- about the workings of our Government, as most things around here, when you buster and untold amendments. We not just those items within bills on can get them done you ought to be- have done new and innovative things to which he worked so hard called appro- cause time flies and all of a sudden we set aside money for only one purpose priations, but he knows about many find Senator GORTON is out of the Sen- and it cannot be used for anything else. things in Government, I close by say- ate and we have to speak before he These are all unique and different, ing, many of us raise our hand and say, leaves. Today, I want to take a few along with regular routine things. yes, we are lawyers, and some of us minutes to share with him and his wife It did not take very long, once these know full well we are not lawyers any Sally, whom I hope will have occasion issues were put on the table and dis- longer; we have been away from the to read the RECORD, having served with cussed, for SLADE GORTON to under- profession for years. We are not what him in each of his 18 years in the Sen- stand them and to suggest ways of im- one would call a lawyer’s lawyer. But ate, what he has contributed and who proving them. That is the way he is after all these years in public life, he is. with everything he does. SLADE GORTON could step into the most It will not take me a long time to He does not have to be the kingpin, significant of legal offices in America speak about him, although to tell the but I guarantee you, those who are and and be a great, participating, achieving truth, he probably is more noteworthy who are forced to lead, if he is around modern-day lawyer, even after all these in my life in terms of being a co-Sen- helping them, you can just tell; You years of not being in the legal profes- ator on many things that are very big can see the imprint, the logic, the sion. He must have been a great solic- and important to our Nation than any strength of argument that comes from itor. He appeared before the U.S. Su- other single Senator here. him being directly involved or indi- preme Court on behalf of his State and SLADE GORTON is a quiet man. Even rectly being a helper. made some very interesting law when though he appears on the floor regu- I am not sure in the history of the he was a lawyer for his State, either in larly to discuss things, he is a very Senate how we are going to rate Sen- his attorney general’s office or other- thoughtful person and also a very hard ators over time, but I suggest that wise. worker. SLADE GORTON will certainly be recog- So I want to say to him, whatever it As we sometimes coin phrases, he is nized in some very special way for his is you choose now, Senator GORTON, certainly a workhorse, not a show 18 years because there will be few who and Sally, whatever you choose, I hope horse, and he is a very special and trace this history who may just look you will be around so we can continue unique person because he is also ex- around and say: Who were the leaders? to share with you, an occasional oppor- tremely thoughtful and shares will- Who was the majority leader? Who was tunity to share a meal, an occasional ingly his wonderful ideas, thoughts, the minority leader? Who was this or social event, or, even better, an oppor- and innovations with us, his fellow that in terms of a formal job? And then tunity from time to time to just listen Senators. attribute to them some direct legacy in to you tell us what you think of how it I think everybody knows that while this 18-year span that he served, being is, how you observe it, and, in a way, he shares no official leadership role absent 2 years while he sought election continue to bless us with all those mar- and he works hours on end on a sub- again. velous qualities you bring here. committee called the Subcommittee on But if it is looked at carefully, SLADE You have brought from your State a Appropriations for the Department of GORTON has to come out near the top of degree of pride to the Senate that is Interior, his contributions go well be- the list of influential Senators in the very difficult to replace. Far be it from

VerDate 06-DEC-2000 00:03 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.013 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11671 me to judge any other Senator from think every year he has been here he I yield the floor. any other State or even his own State, has received what is known as the The PRESIDING OFFICER. The Sen- but Senator SLADE GORTON will be here Golden Gavel for sitting in the Chair ator from North Dakota is recognized a long time in memory because many for 100 hours, something usually re- for 3 minutes. will know what he thought about the ceived by junior Members of the Sen- Mr. DORGAN. Mr. President, I saw Senate and how he thought about us. ate, but because of his interest in and the Senator from Washington, Mrs. It is hard to say he will not be down intensity and love for and commitment MURRAY, talking about her colleague, here at that seat, arguing with us on to this body, he has enjoyed the oppor- Senator SLADE GORTON. I wanted to important issues. But he will be here tunity to preside. And he has presided come over and say a word about Sen- because I cannot imagine that people extraordinarily well. ator GORTON. who lived and worked with him all He, however, as the Senator from I know people who perhaps watch the these years—I see one here on the New Mexico has mentioned, has been proceedings of the Senate see the tug floor, the distinguished chairman of probably less visible than many Mem- and the pull of debate on public policy the Appropriations Committee, who bers of the Senate but has had much and probably think to themselves, gee, knows about it very well—will ever for- more impact than most of us. His ac- those people don’t get along very well, get him, and we will not let the Senate tions and effectiveness are really in the or maybe those people don’t like each forget. famous back halls and meeting rooms other very much. I thank the Chair and yield the floor. of the Senate. Very few pieces of legis- The fact is, most of us get along well and enjoy each other’s company. SLADE The PRESIDING OFFICER (Mr. AL- lation have moved through this body GORTON is one of those Senators, a Re- LARD). The Senator from Washington. that do not, in some part, have the fin- Mrs. MURRAY. How much time is gerprints of SLADE GORTON on them. publican, someone with whom I have left under my control? He is truly an effective tactician, but severed on the Appropriations and The PRESIDING OFFICER. Three more importantly, he is an effective Commerce Committees. We get along minutes. spokesperson for a philosophy. And he well, like each other, and he has been Mrs. MURRAY. How much time does knows how to move that philosophy extraordinarily helpful to me. He is a the Senator from New Hampshire need? forward within our institution. Senator who always did his homework. Mr. GREGG. I would like to have As a result, he has had a tremendous There are some with whom you visit impact on the legislative activity of about 5 minutes. about the issues, you get kind of a Mrs. MURRAY. Mr. President, I ask this body over the years. I suppose we glassy-eyed stare because you know shouldn’t be surprised at that though. unanimous consent that the Senator that this isn’t an issue on which they The truly great Senators in this body— from New Hampshire have 5 minutes, are connecting with you or haven’t I suggest that maybe one of them is the Senator from North Dakota have 3 studied very much. I didn’t find that Daniel Webster—have come from a tra- with SLADE GORTON. He was always minutes, and that any other Senators dition from which SLADE GORTON also prepared and had always done his who wish to bring their statements and comes. He went to school in New homework. And while at times he could have them printed in the RECORD at Hampshire. He went to school at Dart- be a bit frustrating because he took a this point regarding Senator GORTON be mouth, as did the great Daniel Web- position on an issue that you might able to do so. ster. Maybe he learned at Dartmouth have felt was the wrong position, he al- The PRESIDING OFFICER. Is there some of those characteristics which ways had an opportunity to explain it objection? carried both Webster and him forward because he had done his homework. Mr. STEVENS. I temporarily object. so well. Clearly, those characteristics He was a fellow with an independent The PRESIDING OFFICER. Is there are unique and special. We take pride and stubborn streak, somebody who an objection? in New Hampshire in claiming a little was patient and helpful. I enjoyed the Mr. STEVENS. I withdraw my objec- bit of SLADE GORTON for our own. opportunity to serve with him in the tion. As I think of him, I think of a friend, Senate. The PRESIDING OFFICER. Without somebody to whom I could always go He actually was elected to the Senate objection, it is so ordered. talk to get ideas. We talked about his for the first time the same year I was The Senator from New Hampshire is family that he so loved, Sally and his elected to the U.S. House in 1980. We recognized for 5 minutes. children, his grandchildren, his nieces, had an opportunity to be on a panel Mr. GREGG. I thank the Senator nephews. He used to go to hockey discussion way back in 1980 and talked from Washington for the courtesy of league for his niece all the time. She is about our entry into that Congress. recognition. a wonderful hockey player. He is to- One of the things SLADE GORTON told Mr. President, I join with my col- tally committed to his family. me was that he had bicycled across leagues in praising and expressing our It was a pleasure to have the chance North Dakota. I was surprised by that, appreciation for the opportunity to to sit down and talk with him on any but apparently he and his family had work with and know as a colleague in subject, but especially when it came to bicycled all across America. And in this body Senator SLADE GORTON from issues of family and what everybody doing so, they had bicycled across I–94 Washington. I expect to continue to was up to and what everybody was or highway 2 through the State of work with and know Senator SLADE doing. That is the priority for SLADE North Dakota. We had a chance to talk GORTON for many years. But, unfortu- and Sally. At one point, they took a a little about his acquaintance with nately, he will be leaving this body, bike ride across the country, which North Dakota from a bicycle. which is too bad because I consider him must have been an amazing experience, This is not a eulogy. We have a num- to be one of the truly extraordinary the whole family riding across the ber of Members of the Senate who are people I have had a chance to get to country. leaving us, distinguished people who know. He set an example for those of us who have given immense public service to I would describe him as delightful came here after him. As we look this country. I have deep admiration and extraordinary—delightful as a per- around this institution, we often refer and respect for all of them. Because my son, extraordinary as a Senator. He to people: He reminds me of so-and-so, colleague from the State of Wash- brings to this Senate a uniqueness he reminds me of some Senator from ington was talking about her col- which is special. He has a freshness here or some Senator here at some league, Senator GORTON, I wanted to about him, a way of approaching the other date. I must say, I can’t think of come to say that I have enjoyed serv- issues which is always creative and higher praise than if someone were to ing with him. He has been very helpful imaginative. He has true love for this come up to me some day and say: You to me in a range of ways on both the institution. He especially understands know, you remind me a lot of SLADE Commerce Committee and the Appro- its rules and the way it works. GORTON and the way he worked as a priations Committee. I wish him well He is one of the few senior Members Senator. That, to me, would be the as he leaves his service here in the Sen- on our side of the aisle who will sit in highest praise I could receive because I ate. the chair for hours and hours in order consider him to be one of the finest, if I will come to the floor at some point to officiate over the Senate. In fact, I not the finest, Senator I know. to speak about the other Senators who

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.016 pfrm02 PsN: S07PT1 S11672 CONGRESSIONAL RECORD — SENATE December 7, 2000 have contributed so much and who are terests of the Pacific Northwest. We I have had with the Senator from now leaving the Senate Chamber. are an area that many people do not Washington, SLADE GORTON, in dealing I thank Senator MURRAY for doing understand. It is an area that requires with the problems of the Pacific North- this. She is a remarkable Representa- an enormous amount of personal con- west. tive from her State, as was Senator tact with our constituents in order to I thank the Senate. GORTON. We will now be joined by an- make certain we are on the right The PRESIDING OFFICER. The Sen- other Senator, Ms. CANTWELL, from the track. ator from Montana is recognized. State of Washington, and I look for- Senator GORTON has been to my Mr. BURNS. Mr. President, we find ward to working with her as well. State quite often, along with me and ourselves in a predicament as old The PRESIDING OFFICER. The Sen- my colleague, Senator MURKOWSKI, to friends. Of course, we are this morning ator has used his 3 minutes. Under the try and make certain we are reflecting talking about our friend SLADE GORTON previous order, the time until 12 noon the concerns of our people as we ad- from the State of Washington. In a is under the control of the Senator dress the concerns of the people of the way, we were classmates. We came here from Wyoming, Mr. THOMAS, or his des- State of Washington at the same time. in 1988. Of course, it was not his first ignee. When I came to the Senate, an elder- time here, since he was defeated in 1986 The Senator from Alaska. ly Senator told me that there were two and then came back and won reelection Mr. STEVENS. Mr. President, my types of Senators: the workhorses and in 1988. good friend from Wyoming is here and the show horses. You have to decide We had a lot of things in common— has consented that I might take up to which one you are going to be. not only representing the North- 5 minutes of his time at this time. I It is obvious that an Alaskan has western part of these 48 contiguous ask unanimous consent I be recognized only one choice. We are one-fifth the States. We also have great friendship for that purpose. size of the United States. We have and we served on some of the same The PRESIDING OFFICER. Without more than half the coastline in the committees. I took from him great les- objection, it is so ordered. United States. And we have about the sons about this body and how to rep- Mr. STEVENS. Mr. President, I was same number of people as the smaller resent our constituencies. He and Sally in a meeting with the joint leadership States in the lower 48, in terms of ge- have been friends with Phyllis and me discussing the current problems re- ography, that are much tinier com- for all these many years while he has garding the last appropriations bills pared to our State. been serving in his second and third and was not able to be here during the Senator GORTON, with his back- terms. time set for comments about our good ground, as we heard, coming from the We in Montana have a quality that I friend and my southern neighbor, Sen- east coast originally, very well edu- think will become more and more ad- ator GORTON. cated, very well read, and probably one mired as this country grows and ma- It is with deep sadness that I come to of the most well-read younger Senators tures. We are brutally honest with each join in the comments concerning Sen- in the Senate, has had the problem of other in that part of the world. I spent ator SLADE GORTON. I think he has trying to decide what to do. He, too, my time in business—in the cattle been an exemplary Member of our Sen- decided to become a Senator and is one business and the auction business. Peo- ate and has provided enormous con- whom I would call a workhorse. He has ple will just tell it like it is. If you like tributions to the well-being of the worked doggedly on issues pertaining it, that is fine. If you don’t like it, country in his efforts as a Senator. to his State. His staff is probably one well, that’s the way it is. SLADE GOR- It is and has been a matter of great of the best staffs I have seen work on TON is that kind of a person. He is prob- pride for me to call SLADE and Sally issues pertaining to the Pacific North- ably the most pragmatic of all of our Gorton personal friends. I have visited west. Members with whom I have had an op- with them. We have traveled together When we look at the problems of portunity to serve in this body, and he to other places in the world. It is high- America from the point of view of the is brutally honest. ly necessary for Members of the Senate Senate, we would have to really take I have made speeches before grad- to travel and try to learn firsthand the into account the people Senators rep- uating classes and a lot of other places, problems of other continents, such as resent. The State of Washington has and I am always interested in the way Antarctica, Australia. I remember we given its Senators great flexibility in people treat the history of our country. went to eastern Russia, and we have terms of addressing issues that deal We have revisionists who like to gloss traveled many times into the NATO with the Pacific Northwest and our Na- over some of the warts, the bruises, countries together. It is on those trips tion. There is no question that in his and the bumps this country has en- that we really get to know one another three terms in the Senate, Senator countered in all its history. That is not even better than we do in the Senate in GORTON has been one of the pivotal to say it is not the best country in the Washington. votes in determining the policies of world, but we have historians who tend Of course, my friend and I have been that area. to revise things. able to meet as I have gone through his I know they will be going back to As you know, for those who do not State. Alaskans go through either Washington. And I think we will hear a study history and have little or no in- Utah, Illinois, or Washington to get great deal of SLADE GORTON and Sally. stitutional knowledge of our country home from Washington, D.C. Quite They have concerns about the country and the way it was built, one has to re- often, I have spent time in Washington and concerns about our area that are member that we make decisions based State and have visited with SLADE unique. I believe they are going to con- on history and it affects all of us in the GORTON and Sally about the problems tinue to contribute to the solutions to future. I have often said those folks of our area. He has been a fierce pro- the problems that I mentioned before. who tend to revise history also tend to tector of the interests of the State of I am really here to thank him for his tinker with the compass of our Nation, Washington in the Senate. As a west- friendship and for the dignity he has because our decisions are still based on erner, he and I have shared many brought to the office of United States history. SLADE, being the bright and issues and faced the problem of finding Senator. I really believe he showed honest man that he is, understands this solutions to some of these difficulties great compassion as he spent 2 years body and this country so well. He un- that we face in the Pacific Northwest out of the Senate when he was not derstands our history as it truly is, not together. We have worked with our elected after a second term, and he as revisionists would have us believe. friend, Senator MURRAY, on these came back again after 2 years and be- And I hope historians pay him the issues. I think we have had a good came even a greater Senator because of same respect and remember him as the working team together. that. He has been a strong Senator, a great man and great Senator that we We have often, as members of the Pa- thoughtful Senator, a hard-working know today. cific Northwest group in the Senate, Senator, and a great personal friend. As you know, many years ago when had to go head to head with almost I don’t look forward to making state- his family was young and he was a lit- every Member of the Senate and the ments such as this. I certainly don’t tle younger, SLADE took a bicycle trip administration to try to protect the in- look forward to losing the partnership from Olympia, WA, to Boston, MA. I

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.019 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11673 said, ‘‘That is a long trip, SLADE.’’ He are advantaged. What is important is Mr. MCCONNELL. Mr. President, said, ‘‘It was. We spent all of it in Mon- the ability to take the information when I think of my dear friend SLADE tana.’’ It is a very long State. In fact, that your lens on the world can see and GORTON, I am reminded of how many of from the Yaak to Alzada, MT, it is fur- put that into a perspective where it has our colleagues are frequently saying: I ther than it is from Chicago to Wash- meaning. That is where wisdom comes wish I were Governor; or, I really ought ington, DC, as the crow flies. in. to be out making some money; or, I am But that tells you something about SLADE GORTON, we would agree by al- really not satisfied being 1 of 100; or, the man, and it also tells you some- most acclamation, is one of the smart- there must be something better I could thing about the family. est Members of the Senate. But he is be doing with my life. Nobody in this body has fought hard- more than that. He is wise. He has the I have heard that from many of our er for property rights, the cornerstone ability to recognize when something is colleagues on both sides of the aisle. I of a free society; fought harder for important and when it should be once asked SLADE GORTON: SLADE, did States’ rights; and for what he offered pushed forward and when it represents you ever think about running for Gov- in education to take the money that a potential consensus; but he has the ernor? And he said: Absolutely not. I flows from what I call ‘‘17 square miles judgment in knowing, in pushing for wouldn’t have that job. He said: I love of logic-free environment’’ to the local the things he is for. In the end, it is the legislative process. communities to let the local commu- seldom good policy and it seldom And no one is better at the legisla- nities decide how to use that money. If makes good public policy to run over tive process than our good friend they need teachers, they could hire people. SLADE GORTON. teachers. If they need bricks and mor- I say to our colleagues, SLADE GOR- I forget which brokerage house it tar, they could build. But the decisions TON is one of the most extraordinary was, but there used to be commercials on how to use those dollars at the local men who has served in the Senate dur- that said, when so and so spoke, every- level should be made at the local level ing my tenure in the Senate. He will be one listened. Whether it was the Re- to fill their needs. Nobody fought hard- missed in the Senate. I believe SLADE publican conference meetings or on er for that. is the kind of person that we grew up those rare occasions when all Members The chairman of the Appropriations as children reading about in history met together, SLADE GORTON was rare- Committee, Mr. STEVENS, a while ago books. I think even in this age of cyni- ly the first one to talk, but when he alluded to the fact that in this body cism about people who serve in public spoke, everyone listened. there are show horses and workhorses. office, SLADE GORTON stands out as ex- SLADE GORTON is one of the great And all of us know that SLADE is a actly the kind of person the founders Senators of the 20th century. He had a workhorse. I will tell you, you couldn’t had in mind when they wrote the Sen- sense of the history of this body. I had hook him wrong, and he worked from ate into the Constitution. I think an opportunity to serve with him re- both sides of the tongue. There will be SLADE GORTON in his record would cently on a committee that Senator some folks who will figure that out and stand up in a comparison to anyone LOTT and Senator DASCHLE appointed some folks who never will. But it is a who has ever served in this body or to select two Senators to be added to quality that every Senator should anyone who has served in any legisla- the portraits just outside the door. For have. tive body ever. about 40 years, we have had five that For those who know and love SLADE I remember his fight to keep Mari- were designated as the five greatest and who have worked with him in ners baseball in Seattle. They could Senators back in the early 1960s or in Washington, it is hard to understand have lost that ball team had it not the mid-1950s. The thought was that we how people back in the other Wash- been for his efforts to save professional would add two more Senators to the ington, a continent away, could not re- baseball in Seattle, because it was im- list. elect SLADE GORTON to the Senate. I portant to him and it was important to SLADE sort of led our side, which con- think it is important to remember the his people. sisted of the majority leader and my- final judgment ultimately comes as He will be missed here. What he self and him, in reaching the conclu- people look in perspective at some- leaves with a lot of us will be used for sion that if we were going to pick body’s service. someone of this century it made a lot many years to come. In my State, our greatest hero, our of sense to pick Arthur Vandenberg, We don’t say goodbye to our friends, most beloved citizen, was defeated by who had been chairman of the Foreign we just say so long, because our trails the voters of Texas not once, but twice. Relations Committee and had really will cross later on in our lives. The He was defeated the first time after he made the Truman policy of contain- friendship forged between the Gortons came close to casting the deciding and I will never be forgotten. We will vote, he was on the losing side, on the ment in the development of NATO a bi- miss him, and we wish him well. But Kansas-Nebraska Act which he saw as partisan matter, since there was, in his influence on this body will be felt producing the Civil War. And it did. fact, a Republican Congress right after for years to come. And then as Governor, Sam Houston World War II. SLADE thoughtfully ana- I yield the floor. refused to sign the bill taking Texas lyzed all of the possibilities and rec- The PRESIDING OFFICER. The Sen- out of the Union. So he was rejected by ommended Arthur Vandenberg because ator from Texas. the voters of Texas twice. Yet he is the he thought the single most important Mr. GRAMM. Mr. President, I wanted most honored of our citizens. thing of the second half of the 20th cen- to come over this morning and join my For those who serve in public office, tury was the winning of the cold war. colleagues in talking about our dear it is important to remember that it is Out of all the many things that occur friend and colleague, SLADE GORTON. I not personal; that people change their here, he was able to sort that out and don’t have enough time this morning mind; that people have their own will; come up concisely with what was, in- to list all the things this good man has that people have their own perspective. deed, the biggest challenge of the sec- done for America. It is hard to even In the end, it is good service, it is dedi- ond half of the previous century, the contemplate lifting all of the times he cation, and it is effectiveness on behalf winning of the cold war, and applying has provided critical leadership for the of the people who elect you that makes that to the Senate and coming up with Senate. a great elected public official. an individual on our side of the aisle, The thing that stands out most about I join my colleagues this morning in which was our charge, who would help SLADE is that he is wise. There is a dif- thanking SLADE GORTON for serving. I make that policy bipartisan. And of ference between intellect and wisdom. am confident in the future when names course, it lasted until the Berlin Wall Intellect is, in my opinion, often are listed who belong in the Senate, came down in 1989. That is the kind of overrated. I see intellect as being like names that will be remembered here, thinker SLADE GORTON is. the lens on your camera. The better SLADE GORTON’s name will be on the Out of all the maneuvering that oc- that lens is, the wider your frame can list. curs here, all of which is important, all be on the picture and the finer the de- I yield the floor. of which has an impact on the ultimate tail can be on that picture. So if you The PRESIDING OFFICER. The Sen- outcome, SLADE uniquely could look are blessed to have good intellect, you ator from Kentucky. beyond that and see the big picture and

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.022 pfrm02 PsN: S07PT1 S11674 CONGRESSIONAL RECORD — SENATE December 7, 2000 sort of bring Members out of our con- Schauder, Lori A. Sharpe, John A. auditor for 2 years. I later served as the tentious decisions in conference about Simmons, Shimon Stein, Tevi D. Troy, attorney general of Missouri after a whatever the particular issue was to Brian Waidmann, Ricky Welborn, and short period of time as an assistant at- see a larger picture of what was not Matt Wylie. torney general in Missouri, and that only in the best interests of our party, The PRESIDING OFFICER. Without was a notable experience. I had the but more importantly, what was in the objection, it is so ordered. wonderful privilege of sharing an office best interests of the country. f with a now Justice of the Supreme He is an extraordinary legislative Court, Clarence Thomas. We were in SERVING THE PEOPLE OF strategist. I know he is going to miss the same room together for 16 months. MISSOURI being in the Senate because he didn’t That is a historic item that I did not think there was a better job somewhere Mr. ASHCROFT. Mr. President, it is understand the history of at the time, else he ought to be doing. Being in the with a sense of deep gratitude that I but I certainly do now. Senate to SLADE was never his second have this opportunity to speak on the I had the chance, after serving 8 choice. It was his first choice. Every Senate floor for one last time before I years as attorney general, of going on one of our colleagues who has been conclude my term in the Senate. There to be Governor of the State of Missouri Governor and come to the Senate says are few compensating factors for the for 8 years. What a marvelous oppor- a Senator who used to be Governor who lame duck session in which we find tunity it was to work with the commu- tells you they like the Senate better ourselves, but one is the opportunity nity, to work with people, to shape our will lie to you about other things. for one who has lost an election to community in a way which was con- That, clearly, was not SLADE’s view. come back and make a few last re- structive and reinforced the things in This was not his second choice. This marks. This sort of makes this like which we believed. was where he wanted to be. home. At home I always have the last This past election obviously was a We are going to miss his friendship. word—‘‘Yes, dear.’’ And to have a last disappointment for me, but I am not He was one of my best friends in the word here is a pleasing thing for me. disappointed in the people of Missouri. Senate and, I would say even if he were Obviously, I am deeply grateful, and, The tragedy of this election, the death not on the floor, which he is, one of the as I think about the opportunity I have of my opponent and his son in a plane two brightest guys in the Senate, the enjoyed to be in the Senate, it is a set crash of unspeakable disaster, was one other one being the Senator from of thoughts that are characterized by that the Missouri community re- Texas from whom we just heard. gratitude. I am grateful to God that we sponded to with two values and virtues But we are not going to lose contact are created as individuals with the ca- that I cherish about our community— with SLADE, many of us. I know there pacity to shape the tomorrows in the value and virtue of compassion. I will be a new challenge for him. He is which we live. If freedom has a defini- want America and Missouri to be a bright and vigorous and committed to tion, it is that—that we can change place of compassion. public service. Someplace, hopefully in things. And, obviously, we want to What a tremendous and wonderful the very near future, there will be an change things for the better. thing it is when people are compas- opportunity for him to continue to America respects that understanding sionate and share the feelings of each make a mark on our wonderful coun- of the creation and how we act as indi- other, and the value of respect, par- try. viduals with a Government that rep- ticularly respect for those who have So we say goodbye to you, SLADE, in resents the people as agents of change, gone on and have been of service. In ex- the Senate, but look forward to con- making decisions about the kind of pressing those values, the people of tinuing our friendship in the years to community we want to have. Any of us Missouri decided they would honor the come. The Senate will certainly be a who has the opportunity to represent deceased Governor by voting in his be- poorer place without your presence. fellow citizens obviously is in a posi- half and in his stead in the election I yield the floor. tion to do great things and to enjoy the rather than voting for me, and I re- Mr. President, I suggest the absence ability to fulfill what God has destined spect them for that and I honor them of a quorum. for us to do, and that is to shape the for that. It is a great community. They The PRESIDING OFFICER. The tomorrows in which we live. are a community to be loved and re- clerk will call the roll. I want to thank the citizens of Mis- spected, and I profoundly love and re- The legislative clerk proceeded to souri first. It is a community that I spect them. call the roll. love and that I respect. Janet and I live I wish well Mrs. CARNAHAN who will Mr. ASHCROFT. Mr. President, I ask in Missouri, obviously because I was succeed me in this seat in the Senate. unanimous consent that the order for raised there, but by our choice. I have I thank her for coming by my office the quorum call be rescinded. had the opportunity to serve the people yesterday. I hope she is treated with The PRESIDING OFFICER. Without of Missouri for 33 years. I began teach- kindness. I told her yesterday that I objection, it is so ordered. ing in Southwest Missouri State Uni- was pleased to see her and have the op- f versity as a way of serving the people portunity to communicate with her, of the State of Missouri. And then, one and I reminded her yesterday that 30 PRIVILEGE OF THE FLOOR of the most important mentors in my days from now she will be my Senator, Mr. ASHCROFT. Mr. President, I ask life, and one of the individuals who per- and I want her to do well. unanimous consent that my entire haps represents what Missouri is and I thank, in addition to Missourians, staff be granted floor privileges for the what Missouri stands for more than my staff. I am delighted the Senate has duration of my remarks. In addition, I any other single individual, the senior agreed to allow them all to be here on ask that Tracie Spingarn, from the Senator of this State, Senator KIT the floor of the Senate during these re- Congressional Special Services office, BOND. marks. When I came to the Senate, my be permitted on the floor for the dura- He accorded me the opportunity to staff and I decided there were values tion of my remarks. The members of serve as the State auditor of Missouri and principles we wanted to honor in my staff are: when he vacated that office upon his everything we did. We wanted those Kris K. Ardizzone, Rachel S. Audi, election as Governor. I had first offered values and principles to transcend cir- David Ayres, Andy A. Beach, Annie E. myself to the people of Missouri to cumstances. We wanted them to be Billings, Cara Bunton, Adam G. serve in the U.S. Congress, and they controlling factors of our conduct. So Ciongoli, Bob Coughlin, Chuck DeFeo, had expressed their profound affection we spent some time together. Mark Grider, Greg P. Harris, Jacob for me, indicating that I should stay in Early in my time in the Senate, I Herschend, Chris Huff, Jessica Hughes, Missouri and not go to the Congress. came to the floor of the Senate and David James, Sally Lee-Kerns, Eliza- KIT BOND, recognizing that, appointed placed in the CONGRESSIONAL RECORD beth Kim, Kelly D. Kolb, Taunya L. me to be the State auditor of Missouri. this statement of service, commit- McLarty, Caleb Overstreet, Smita It began a marvelous set of opportu- ment, and dedication that each mem- Patel, Janet M. Potter, Jim Richard- nities for me for which I am grateful in ber of my staff joined me in formu- son, Susan Richmond, Andrew every respect. I served as the State lating. This one hangs near the desk of

VerDate 06-DEC-2000 01:50 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.024 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11675 Annie Billings in my office. I asked has been one that has been a fulfilling souri, KIT BOND, and with others who each staff member to sign this commit- experience, in sum because we have have also been concerned about this ment and then I signed the commit- been able to achieve things that are problem. ment, too, so each one of these items very important, in other respects as a Senator FEINSTEIN’s State of Cali- contains the signature both of the result of the relationships that come fornia, similarly, has been afflicted staff, the real workers of the Senate, with the friendships in the Senate. with the curse of methamphetamines, and the Senator, at least in this case, I have the very pleasing opportunity and she was always helpful in this re- who relied so heavily on their work. to think of myself as a friend of each spect. And we could not have done it I did not want to set the standards Member of the Senate, and I am grate- without Senator HATCH, the chairman for my office absent the staff’s partici- ful for that. I am particularly grateful of the Judiciary Committee, on which I pation because I believed the staff for the leadership that has been kind to have had the privilege of serving. would help me reflect profoundly the me. For Senator LOTT—and, of course, May I digress for just a second to say values of the people of Missouri—and, I have had a lot of fun with Senator I have had the privilege of serving indeed, they did. Each member of my LOTT as a Singing Senator. That has under Chairman HATCH. I respect him staff took the pledge, the pledge that is ruined more than 1 day for other peo- and am grateful for his leadership on contained in this statement of service, ple—but the leader has been kind to me the committee. There are a tough set commitment, and dedication—high in every respect. His demeanor in lead- of circumstances that always involves standards of service. ing this body is one of kindness to us in the tensions of give-and-take, and Our pledge states, and I will read every Member. he has masterfully negotiated the part of it: Senator NICKLES—I had the privilege shoals in that particular arena. We dedicate ourselves to principled public of nominating him as assistant major- Of course, I should mention as well policy. We believe that Americans are en- ity leader, and I respect greatly his JOHN MCCAIN’s leadership on the Com- dowed by their Creator with certain contribution. merce Committee, on which I have had unalienable rights, and among these are life, the privilege of serving, and his gra- liberty and the pursuit of happiness. The I see my friends in the Senate today—Senator GRAMM, Senator ciousness to me and kindness to me power we exercise is granted by Missourians and his direction in a committee which MCCONNELL, in addition, of course, to and the American people; we serve to secure has achieved massive revisions in the their rights. Our commitment is to respect the senior Senator from Missouri about diverse political views and serve all people whose service I have already remarked, kind of liberating renovation which has provided tremendous energy to Amer- by whose consent we govern. and my colleague, Senator SANTORUM, As people of liberty reach for opportunity with whom I have had the opportunity ican industry. The revision in the tele- and achieve greatness, our Nation prospers. to fight for things in which we believe. communications law which we were A government that lives beyond its means able to achieve is a result of excellent and reaches beyond its limits violates our These are all very pleasing items. In particular, I thank Members of the leadership. It has changed the dynam- basic liberties, and the Nation suffers. We ics of the world’s economy, not to men- dedicate ourselves to quality service. Amer- Senate for participating in very impor- ica’s future will be determined by the char- tant legislative achievements that are tion the United States. But I go back to some of the specific acter and productivity of our people. In this a part of what I believe has been impor- legislation. respect, we seek to lead by our example. We tant for me to do while I have been will strive to lead with humility and hon- This year, we enacted legislation to here. provide funding so that the survivors of esty. We will work with energy and spirit. I had the privilege of filing legisla- We will represent the American people with slain law enforcement officers could loyalty and integrity. Our standard of pro- tion to protect the Social Security have the opportunity to get education ductivity is accuracy, courtesy, efficiency, trust fund, called the Social Security and training so that they could in some integrity, validity, and timeliness. We hold lockbox legislation. I believe I was the way begin to undertake an effort on that these principles are a sacred mandate. first to do that in the Senate. Senator their own behalf, which the law en- We take responsibility for these standards. ABRAHAM, Senator DOMENICI, Senator forcement officer, slain in the line of I thank my staff for helping me for- SANTORUM, and I worked awfully hard duty, was otherwise prepared to help mulate that format for our service, and for that concept. It is now part of the them with. I am thankful to Senator I thank them for, in every instance I Senate rules, and it has guided the way SPECTER and Senator COLLINS and Sen- know, pursuing the fulfillment of that in which we have appropriated re- ator BIDEN for working and being so format and formulation for public serv- sources. helpful to me in that respect. ice. It is an honor to serve with indi- The Medicare lockbox passed the Tougher penalties for gun crimes: viduals who are in pursuit of principle, Senate. I am grateful for that oppor- When I put the amendment into Sen- and my staff has been consistent in tunity and was grateful that Senator ator HELMS’ law, which was moving that respect. CONRAD, on the other side, was inter- through this body, for tougher criminal We have literally in the last Congress ested in making sure we put the right penalties for those who use guns in the had over 550,000 constituent contacts framework around the Medicare trust commission of a crime, it could not with our office, to which we have made fund so that it was not raided for other have happened without Senator HELMS’ millions of responses because fre- purposes. measure. Of course, as the chairman of quently we can acknowledge the con- An effort to repeal the Social Secu- the Foreign Relations Committee, on tact and then provide additional serv- rity earnings tax—the test on the So- which I have had the opportunity to ice or otherwise follow up. There have cial Security earnings—which we were serve, I have learned to respect Senator been 110,000 specific cases in which in- able to achieve in April of this year HELMS, his gentlemanly character, and dividuals had dealings with the Federal under the leadership of Chairman his generous and judicious approach to Government, and we were able to fa- ROTH, and signed by the President, I running the committee. cilitate those dealings. So I thank the had the privilege of being the Senate I worked with BILL FRIST on cur- staff. I thank them for their dedication sponsor of that measure. There were tailing weapons in schools and making to principle and for understanding that about 45 Senators who joined together, sure we could provide penalties for working with humility and integrity but there was even overwhelming help those who carried guns into schools or and industry and timeliness is a way of from people on the other side of the maintained guns at schools. It could fulfilling a sacred trust in the people of aisle, such as Senators LANDRIEU, FEIN- not have happened without him. my State. STEIN, BAUCUS, DORGAN, LIEBERMAN, I think of the late Senator Paul I thank the Members of the Senate. and LINCOLN, in addition to members of Coverdell and his efforts on education This is an institution that is unique. this caucus. flexibility, sending resources to the The function of the Senate is a very A big problem in the State of Mis- State. I was thrilled to have the oppor- frustrating one, and real fulfillment souri has been methamphetamines. tunity to work with him and Senator probably is found in the friendships of Over and over again, I have worked to WYDEN and Senator FRIST on that leg- the Senate more than in the function strengthen the law regarding islation. It was very important legisla- of this body. I have to say that this op- methamphetamines, both with my col- tion across the aisle, but it would have portunity for my service in the Senate league, the senior Senator from Mis- an impact across America.

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.027 pfrm02 PsN: S07PT1 S11676 CONGRESSIONAL RECORD — SENATE December 7, 2000 Then on the legislation to end food committees were doing, he fulfilled his school senior generally likes a dad and medicine embargoes, I think this is responsibilities with fairness, with dig- around. I am not sure I would say he a major step forward for America— nity, with respect, and with the public always wants me around, but there was good foreign policy, good farm policy, interest as the uppermost criteria. I a little bit of a dislocation of the fam- and expresses the values of the people am grateful for that. ily. of this country. Working with Senator Obviously, I do not want to overstate But dislocations are worth our effort. DODD and Senator DORGAN, and on our what it means to have been a Singing Perhaps the most important thing my side, Senator HAGEL and Senator ROB- Senator, but it was a tremendous op- father taught me was that there were ERTS—and Senator WELLSTONE joined portunity to spend time on Tuesday more important things than me, and in that effort—the Senate overwhelm- mornings, before the workday began, the ability to make sacrifices to get ingly worked together to get that done. rehearsing and seeking perfection—elu- good things done is important. When Now that it is a part of the law of this sive perfection—which never attended we understand there are some things country, I think it is a major step in our efforts. But we never lost our faith that are more important than we are, the right direction. for it. we have a willingness to make sac- I was pleased to be able to work with I thank the Singing Senators for al- rifices. I thank my family profoundly— TOM DASCHLE, the minority leader of lowing me to be a part. We did travel my wife Janet, my sons Jay and Andy, the Senate, to make sure that the U.S. over a good bit of the United States my daughter Martha, my son-in-law Trade Representative had a full-time, from one time to another. We raised, I Jim, and my grandson Jimmy. I thank permanent ag ambassador so agricul- think, well over a half million dollars them for being willing to understand tural interests were not neglected for the Alzheimer’s research effort. It that when there are things more im- when negotiations were made regard- is one of those things that otherwise portant than we are, we can sacrifice ing trade. provided a little squirt of WD–40, where those things and recognize in our lives Over and over again, I think of things the friction might otherwise have made our willingness to set aside our per- that happened this last year, such as things less pleasant. It lubricated the sonal agenda for the public good. when HCFA, the Health Care Financing relationships and gave us a great op- It is my hope that if and when I ever Administration, announced new rules portunity. have an opportunity to serve again, I for reimbursing cancer care treat- I have recited a lot of important will be able to serve in accordance with ments. I thought of the millions of peo- things that went into law. I am very those principles, with the values that ple around the country who lived in close to concluding my remarks. I just my staff and I had the privilege of de- rural areas who would find their care want to say this: I do not want anyone veloping, always understanding that curtailed. Senator MACK of Florida to think the law is the most important the public good is an objective well worked with me to make sure we were thing in America. What happens in worth pursuing, not just pursuing but able to begin the process of changing families, in churches and civic organi- well worth sacrificing for, because the law. And the process was so suc- zations, the values people believe in when we sacrifice for each other, we cessful that HCFA changed its rules their hearts, is more important than communicate the most important val- and regulations. Sometimes that is the the laws we write on the books. ues of our culture, that we love and re- way we make progress. I don’t want anyone to ever believe spect one another. There are the big things we have the laws are not important. We do have I thank the Chair for the oppor- done. Some of these are a litany of to have laws that tell us what the base- tunity. I know he has foregone the things that are more incidental. There lines are of our culture and, if you fall time limit on my behalf. I thank each are the things such as welfare reform. below those, we will punish you, what Member of the Senate, this very impor- I think of PHIL GRAMM’s work, Senator the framework is in which we operate. tant body in preserving liberty, for its GRASSLEY’s work, and Senator ROTH’s But no culture ever really achieves courtesy and kindness to me and for work there. This was early during my greatness by everyone just being at the this last opportunity to speak. term. I had the opportunity to craft a baseline. Cultures achieve greatness The PRESIDING OFFICER (Mr. FITZ- provision called charitable choice that not when people just stay out of jail GERALD). Under the previous order, the welcomed nongovernmental agencies but when they soar to their very high- time until 12:30 is under the control of into the process so that we could begin est and best, not when they just ac- the Senator from Florida, Mr. GRAHAM. to remediate the pathology of welfare commodate our threshold of the lowest The Senator from Missouri. in the country, abusive welfare, by and the least. Mr. BOND. Mr. President, might I making sure that we helped all of The greatness of this great Nation is ask the indulgence of my good friend America address this problem, not just to be found in the hearts of the Amer- from Florida to take perhaps 5 min- America’s government. ican people more than in the books of utes. It was a wonderful thing to see its the American Government. But those Mr. GRAHAM. Mr. President, I am broad bipartisan acceptance. It was items of policy and framework that we pleased to yield such time as my col- very pleasing to see in this last Presi- have put there guard the opportunity league and friend from Missouri would dential election that Governor George for greatness that comes from the like and to add my accommodation to W. Bush of Texas made this a point of heart of the American people. So our the service of Senator ASHCROFT and what he would provide in the welfare law and Constitution and the decisions for the remarks he has presented to the arena, as did Vice President GORE. we make are fundamentally important. Senate. I had the privilege of chairing several It has been a great privilege for me to The PRESIDING OFFICER. The Sen- subcommittees. I am grateful for the be involved. ator from Missouri is recognized for 5 opportunity to have done so. In par- I thank one last group of people, and minutes. ticular, with Senator FEINGOLD, I that is my family. If we didn’t believe Mr. BOND. Mr. President, I thank my chaired two subcommittees. I chaired in these very important principles, I former gubernatorial colleague. There the Africa Subcommittee of the For- wouldn’t have had the opportunity to are far too few of us former Governors eign Relations Committee and the Con- ask them to make the sacrifices they in this body, and it was my pleasure to stitution Subcommittee of the Senate have made. My wife Janet has been serve with the Governor from Florida, Judiciary Committee. willing to dislocate her career time who is now the Senator from Florida. I have to say, I have never had a bet- after time when changes in my life It is a very melancholy time for me ter working relationship with any indi- have moved me from one place to an- to rise today to pay my respects and vidual than with Senator FEINGOLD in other. She has taught at Howard Uni- honor and to offer sincerest thanks to that respect. Never did he ask me to do versity in Washington, DC, on the fac- a friend who is probably my closest col- something that I thought was unfair ulty for the last 5 years now. I am league in politics. We have been and that I could not do and that I grateful for that. My son, when I first through a lot together. I lost a couple would not do. In each instance, when I came to the Senate, was still in high races as well as winning some. I can offered him an opportunity to partici- school, and we divided our family for tell you, it is not fun. In fact, it is real- pate in a broad range of what the sub- that year so he could finish. A high ly terrible. I know what it is like.

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.031 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11677 After my last loss, a good friend Working together at the staff level, Florida, Mr. GRAHAM, is recognized for came up to me and slapped me on the we had great staff efforts. I express my 30 minutes. shoulder and said: Well, experience is thanks to his staff as well because we Mr. GRAHAM. Mr. President, I yield what you get when you are expecting worked jointly together and managed such time as he would use to my friend to get something else. to do a lot of good. We sincerely appre- and colleague from North Dakota. I don’t know what that proves, but I ciate the service the staff has provided. Mr. DORGAN. Mr. President, let me, have had experience, and I know JOHN We fought the battles. I should note for 1 minute, add my voice to those has had experience. It hasn’t made him for our colleagues who are not soon today who paid tribute to Senator bitter. Every time he has had an expe- going to forget our efforts on behalf of ASHCROFT for his service in the Senate. rience, it has made him better. the Missouri River, we appreciate their As I indicated earlier, some think be- Last night I had the pleasure of join- indulgence. That issue of controlled cause we are engaged in heavy debate ing him for ceremonies at a Christmas flooding on the Missouri River was from time to time that we are not celebration to collect toys for tots in very important to our State, and we friends. Across the aisle, Senator the Marine Corps effort. Now, there fought that battle. We appreciate the ASHCROFT and I worked on a piece of was some singing. And the host who suffering of our fellow Senators. legislation, one which we passed early heard both of us sing sort of gave me a There is no better measure of a man on when he came to the Senate dealing speaking role and gave JOHN the re- than how he handles adversity. It is with Federal funding of physician-as- sponsibility to lead the singing. There something you don’t want to experi- sisted suicide. We worked together, and is no question that I will not try to ence but when you do, how do you it was passed. It is now law. take his place in the Singing Senators. react? Do you get bitter or do you get We worked a great deal for a long pe- That is going to be a loss. better? JOHN ASHCROFT showed the no- riod of time on lifting sanctions with But there are a lot of other ideas, a bility, the character, and the honor respect to the sale of food and medi- lot of other fond memories that come that has been his trademark through- cine. It is a fight that will continue back to me. When JOHN ASHCROFT fol- out. even after Senator ASHCROFT leaves lowed me in the State auditor’s office, When he conceded the election and the service of the Senate. he continued the effort to clean up the there were those who wished to mount Also, a couple of times, I joined Sen- mess of the State auditor’s office, a legal challenge, he wasn’t going to ator ASHCROFT and the quartet on the something I chided him about fre- stand for it. He would not tolerate it. Republican side with the Singing Sen- quently. He went on to be attorney The people of Missouri had spoken. He ators, along with my colleagues, Sen- general, my second term as Governor. views his job as one of service to the ator DASCHLE and Senator BOXER. I During his first time, I had taken an people of Missouri—not one of using think on one other occasion I joined involuntary hiatus from the Governor’s legal challenges and court challenges Senator ASHCROFT and the quartet. I office. I had one of my experiences. to try to win what the polls had shown. have seen Senator ASHCROFT in action I came back and he was my counsel, I can tell you that as I have traveled in a number of ways. my lawyer, kept me out of trouble for around the State there is one over- My expectation of his public service 4 years. Then he served 8 great years as whelming message Missourians have; is that it is not at an end. I appreciate that is, thank you, JOHN SHCROFT a very effective and farsighted Gov- A . the service he has given to this country Their esteem for you has grown. People ernor of the State of Missouri. I will and to the Senate. I appreciate having shake their heads, and say: Why didn’t not impose on the Senate’s time to go had the opportunity to work with him. he fight? Why didn’t he do something? down the list of accomplishments. I know him to be smart and tough and I said: Look. He wants service to go One of my favorite programs is Par- tenacious on the issues about which he forward. They are very proud of the no- ents as Teachers. This is a wonderful cares deeply. I wish him well. bility he showed. But they are con- early childhood program that has revo- Mr. GRAHAM. Mr. President, my pri- fident, as I am, that new opportunities lutionized early childhood education in mary purpose this morning is to make will be arising for him. They wish him Missouri. We managed to get it on the some remarks relative to my retiring well—with his experience, commit- books and kind of bring it to life. But colleague, CONNIE MACK. But while he ment, and his solid faith. JOHN ASHCROFT was the one who funded is still here, I would like to also ex- There will be many areas where JOHN it, nurtured it, encouraged it, made it press my admiration for Senator ASHCROFT will serve. He has too much flourish to become a national model to offer. And I look forward too—I ASHCROFT. Senator DORGAN talked about some and even an international model. It has admit—with awfully mixed emotions to of the times they worked together. gone to six or seven other countries, seeing him take a new role and new re- Those are always rewarding, and they last time I heard, because it works. sponsibilities. And because of his strong leadership, it On behalf of my fellow citizens of help build relationships. I have had was successful. Missouri, I say thanks for the first 33 some of those times with Senator With his long experience in Missouri, years of service to the State. We are ASHCROFT. I have also had some times it is no surprise that when he came to not finished with you yet. There is a when we disagreed—such as on the Washington he said he was going to lot more to be done, and you are the same issue that Senator DORGAN re- Washington not to bring Washington one to do it. ferred to as the wisdom of our policy ideas back to Missouri but to bring For me personally, I know what you towards Cuba. In those times of dis- Missouri values, views, and good ideas and Janet have gone through. And I am agreement, you also learn something to Washington. He has clearly done very proud of the way you have han- about the character of the person. I that. dled it. Your friendship will always found Senator ASHCROFT to be a person There are many accomplishments we mean a great deal to me, and the who listens to what the other side could cite about his service. He has shared time that we have had together thinks is the proper course. He mentioned a few of them. The meth- in this body is particularly special. wouldn’t necessarily agree with it, but amphetamine problem became a very When they close the service and the he would take it into account and serious problem in Missouri in the benediction at my church in Missouri, would try to use that as the basis of early 1990s. We worked together, he on the minister says: The service is over, finding a broader common ground. the Judiciary Committee, fashioning and now it is time for the work to Those are important qualities which laws. He helped me secure appropria- begin. For JOHN, the service is over for I think our colleague, CONNIE MACK, tions to deal with this scourge. It was now right here. But let the work begin. also represents and which I will discuss a terrible tragedy for too many Missou- JOHN, thank you from the bottom of in a few moments. But I wish to extend rians. His work on behalf of ending the my heart, and very best wishes to you, my best wishes to Senator ASHCROFT food and medicine embargo was just Janet, and your family. who I did not have the opportunity to one more step in opening the markets I thank the Chair. I particularly serve with as a Governor, but I admire that our farmers and, indeed, our en- thank my colleague from Missouri. his service to the State of Missouri and tire world economy needs so they can The PRESIDING OFFICER. Under to America in many ways. I wish him be healthy from the export markets. the previous order, the Senator from well for a happy, rewarding future.

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.033 pfrm02 PsN: S07PT1 S11678 CONGRESSIONAL RECORD — SENATE December 7, 2000 SENATOR CONNIE MACK not just being invited; he was being in- able to claim a small measure of cred- Mr. GRAHAM. Mr. President, the vited by his step grandfather, a Demo- it, but none more so than Senator Constitution of the United States pro- cratic Senator from Texas, Tom MACK. No Member of this body has vides that each State, regardless of Connally, one of the most prestigious worked harder to build the coalitions other circumstances, will have two Members of this body, particularly in based on understanding of the impor- Members in the Senate. It says nothing the period of World War II. tance of the issue and the opportunity about how those two Senators will get While attending this Democratic which we had as a nation to roll back along. Sometimes they don’t. luncheon at the national convention, the barriers of disease than Senator I think we had a good demonstration young 7-year-old CONNIE stood up and MACK. a few moments ago with the very began yelling ‘‘I’m a Republican; I’m a In the future, when science beats heartfelt comments of Senator BOND to Republican.’’ That behavior, needless cancer, we will look back and thank his colleague, Senator ASHCROFT. They to say, earned him the wrath of his Senator MACK who worked with many are two Senators who have a very step grandfather who threatened to others, particularly Senator ROCKE- close, constructive relationship for the call the police if the display was not FELLER, to allow Medicare payments people of their State. terminated. for clinical cancer trials. These are It is my pleasure and my honor to be Now, despite this highly partisan major achievements and they required able to say the same relationship has launch to CONNIE’s political career, the support and hard work of both par- existed for the last 12 years between Senator MACK and I have been working ties. myself and Senator CONNIE MACK. I am together in the closest manner for It is no secret that this Congress has proud to call CONNIE a friend, and I am what is best for Florida and for the Na- had few such serious legislative accom- proud to have served with him as a col- tion. plishments. How can we enact any in- league. Just a few of the items on which we novative legislation when we can’t There are a number of reasons that both take considerable pride, in our even agree on the future bills such as may have led to this good relation- joint efforts we have battled against the remaining appropriations bills that ship—one of which is that we have a offshore drilling in Florida. We battled we must pass to keep our Government great deal in common. for a highway funding formula that running? We are now 10 weeks beyond We both grew up in a Florida which takes into account States with rapidly the beginning of the fiscal year and was undergoing massive change. When growing populations. As a team, we still have much necessary work to be Senator MACK and I were born in the worked to help rebuild Dade County done. Certainly there is plenty of late 1930s, the State of Florida had a after the devastation of Hurricane An- blame to go around for this overly long population of about 1.5 million. As we drew in 1992. session, and it is hardly a surprise that start the 21st century, Florida has a We are particularly proud of our suc- the American people are tuning out population of over 15 million. That de- cess in filling Federal judicial vacan- while we battle inside the beltway over mographic change has brought a cies, which is a direct result of co- issues that seem to affect no one other floodtide of other economic, cultural, operation of working together to put than ourselves. social, and political changes to our quality judges on the Federal bench, Senator MACK has always said it State. They have affected both Senator not judges of a particular political doesn’t have to be that way. And he MACK and myself as we have seen and party. We interviewed applicants to- has lived up to that creed. He was a participated in those changes. gether. We made joint recommenda- founding member of the Centrist Coali- We went to the same college. We are tions to the Judiciary Committee. We tion when it came together in 1997 to both graduates of the University of cointroduced the nominees to the com- stop the hemorrhaging of annual fiscal Florida, and we share a deep, abiding mittee. And we applauded, together, deficits. interest in that institution. It is my when they were confirmed on the Sen- One of the other areas in which he hope that there will be a very appro- ate floor. I am very pleased in the last should justifiably take great pride is priate tribute to Senator MACK, and 4 years the Senate has confirmed 15 his contribution to bringing America that there will be an institute at our Federal judges from Florida. from an era of accumulated national alma mater which will symbolize and Our close cooperation isn’t limited to debt to one in which we are starting to continue his deep commitment to the just the two of us. Our staffs have pay down the debt. To a lesser degree, work of science and health. worked closely together on issues of we will be asking CONNIE’s grand- Our personal lives have also over- mutual importance. And most re- children to be paying our credit card lapped. We both had the good fortune cently, in fact, the last act of the Con- bills. of marrying substantially above our- gress before it recessed for the election Maybe we have heard too many times selves. Adele, Priscilla, CONNIE, and period, we helped participate in legisla- that nice guys finish last. I submit myself have grown to be not only tion that will forever cement Senator Senator MACK proves that adage to be neighbors living across the street on MACK’s legacy, the restoration of dead wrong. Nice guys, in fact, get re- Capitol Hill but also very close per- America’s Everglades. sults. Those who can’t get along with sonal friends. CONNIE should be justifiably proud of their colleagues get gridlock. And the We are about the same age. We have each one of these and many other ac- American public pays for their pos- now been blessed with a growing num- complishments. But I suggest he would turing. ber of what is one of life’s greatest be most proud of the fact that he There is another danger in the cul- gifts—grandchildren. I believe if you worked hard at, and made it look easy, ture of swagger that has too often ask either of us what our favorite title bipartisanship. CONNIE is a consum- characterized this Congress. That dan- is, it would probably be the title of mate gentleman, a man of unwavering ger is arrogance. Somehow, many grandfather. civility in a body that often yearns for Members have convinced ourselves that But we have also had some dif- more of that quality. This is no small the reason we can’t reach an accommo- ferences. Lest we try to ignore the big matter. dation is not that we haven’t really white elephant in the living room of re- In today’s political world, we shrug tried and not because we are playing lationships between myself and CONNIE; off a notion of being polite, as if it is a politics; instead, the problem is simply indeed CONNIE is a Republican. He is relic from a world that no longer ex- that we are completely, totally, right, very proud and loyal to his party. In ists. But being polite is far more than and the other side is wholly and ut- fact, recently CONNIE told me a story knowing your table manners. Civility, terly wrong. which indicates the risk he was willing collegiality, and respect are the build- Now, clearly that attitude is not con- to take in support of his party. At the ing blocks of political bipartisanship. ducive to getting much done on a bi- early age of seven in what was clearly And bipartisanship, in turn, is the partisan basis. The easy excuse for ar- a foreshadowing of what was to come, foundation of constructive legislation. rogance is that we were elected for our young CONNIE MACK was invited to the When funding for the National Insti- opinion and to change them would be a Democratic National Convention which tutes of Health advances, many Mem- betrayal to our constituents. But Sen- was being held in Philadelphia. He was bers on both sides of the aisle will be ator MACK has found a better way, a

VerDate 06-DEC-2000 00:57 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.036 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11679 way that I describe as nonarrogant Lawton Chiles. When the campaign was felt so strongly about Slade’s reelec- self-confidence. That is not an over, we vowed to work together. This tion. He is, and always has been, an oxymoron despite how it may occasion- has been an easy commitment to fulfill oasis of inclusion, encouragement, and ally appear when this room is filled because CONNIE MACK is a fine person, support for women in the workplace. with enough hot air to melt the polar as he is a fine representative of his He is one of those people who know ice cap. Nonarrogant self-confidence is, State. how to encourage, how to mentor, and in fact, a foundation for public service. He is blessed with a sense of humor. how to help women and men reach Nonarrogant self-confidence is the He understands that the business we their full potential. product of sustained and diverse life conduct is serious, but he does not take That certainly has been true in my experiences prior to and during a polit- himself too seriously. He is hard work- own case. Even before I was sworn in as ical career. It is the ability to look be- ing, an always reliable coworker. I a new Senator some 4 years ago, SLADE yond one’s world, to reach out to peo- have walked out of meetings with took me under his wing with advice on ple of different beliefs, different values, pages of notes and reams of paper. everything from choosing my com- different backgrounds. It is not a per- CONNIE generally writes down little. mittee assignments, to selecting my son who wakes up every morning and But when we divide assignments, with- office space, to hiring my staff. He has puts his proverbial finger in the wind out fail he completes his homework, continued to give me invaluable advice to see which way it is blowing and de- generally before I do. He not only re- on a host of issues ranging from what cides what his position will be that members the names of various mem- our policy should be in Colombia and day. It is the quality of having the bers of my staff, he recollects the Kosovo, to how to take a different ap- strength to hold well-grounded opin- schools they went to and the football proach to education spending, to how ions and values, and yet to be open and teams they support. to succeed in a tricky procedural situa- persuadable in the face of new informa- Senator MACK is devoted to his fam- tion. tion and logical arguments. Non- ily. In fact, I have said that CONNIE and SLADE has always been someone to arrogant self-confidence is the ability Priscilla Mack are the living embodi- whom I could turn for advice, for an- to be a leader in your party, but not ment of family values. Adele and I have swers, for good counsel. It has also necessarily a follower of the party line. been honored to call the Macks friends been my pleasure to work with SLADE This is how CONNIE MACK has worked now for well over a decade. We have GORTON on a host of issues such as edu- throughout his tenure in the Congress, compared notes on our children and cation, children’s health care, and the and it is a model to which we should all grandchildren. We have watched our cost of prescription drugs. What I ad- aspire. It could be that confidence con- families grow and grow up. mire most about SLADE is his intellec- vinced CONNIE MACK of the importance For his legislative and personal tually rigorous, challenging, and cre- of playing by the rules which we have qualities, Senator MACK will be sorely ative approach to public policy. He so carelessly shunted aside in this ses- missed. I call on my colleagues, col- simply does not go along with the con- sion of the Congress. CONNIE is a leader leagues from both sides of the aisle, to ventional wisdom; he challenges it, of his party, a key member of the join me in tribute to our friend Senator constantly seeking new ideas and inno- Banking and Finance Committees, and CONNIE MACK, his wife Priscilla, and vative approaches to solve thorny prob- has served as chairman of the Joint the Mack family. lems. Economic Committee. In all of these CONNIE, while they call what you are A perfect example of SLADE’s innova- positions, he has had a respect for the doing retirement, I prefer to think it is tive style was his development of an process of senatorial decisionmaking. more like you are being traded to an- entirely new approach to Federal edu- He has been confident enough to let other team, a practice in which your cation policy, one that recognized that what he believes is right to be in full grandfather participated on a regular local school boards, parents, and teach- view of the American people. basis, or maybe playing another posi- ers know best what their children need. Now, few would argue that the proc- tion. I have no doubt you will continue As the architect of the Straight A’s ess we have is cumbersome and, frank- to work hard for the people of Florida bill, SLADE has been a leader in edu- ly, often dull. We rarely hear of some- and America. We will all be a better cation in the Senate. I was very proud one setting up a VCR or rushing home and especially a healthier nation be- to cosponsor his innovative effort to after work to catch our latest pontifi- cause of your commitment and Pris- bring academic achievement and ac- cations on C–SPAN. But the serious- cilla’s commitment. May your next countability to our public schools. ness of this process has added purpose. step bring you as much personal and SLADE realized that when the Federal Time and public debate are the key in- professional satisfaction as your days Government gives money to local gredients that go into solid, sustain- in the Senate have brought to all of us. schools, it should not come with dic- able public policy. Legislating behind Mr. President, I suggest the absence tates from D.C. on how it should be closed doors is breaking our promise to of a quorum. spent. He understood that it should, the American public, the promise that The PRESIDING OFFICER. The however, come with an expectation of if they, the American people, made the clerk will call the roll. results, and that is why he worked so effort, their voice would be heard and The senior assistant bill clerk pro- hard to give local school boards, par- would influence public policy on Cap- ceeded to call the roll. ents, teachers, and administrators, the itol Hill. The rules of this body rely on Ms. COLLINS. Mr. President, I ask freedom to decide how best to spend keeping promises in an informal way as unanimous consent that the order for Federal money in exchange for holding well as formally. the quorum call be rescinded. them accountable for improving their We must all be able to trust that our The PRESIDING OFFICER. Without schools. He changed the entire focus of colleagues will do as they say and vote objection, it is so ordered. Federal education policy from being fo- as they claim to do. CONNIE MACK is a f cused on paperwork and process, to in- man of his word. He keeps his promise stead being focused on how much our to his colleagues. He keeps his promise SLADE GORTON students were learning, to a focus on to the people of Florida. Ms. COLLINS. Mr. President, I am student achievement and results. CONNIE’s strength of character, his delighted today to join my colleagues SLADE has also been an advocate for respect for this institution, and his in paying tribute to a truly out- children’s health. Not only was he an ability to reach across party lines be- standing United States Senator, and early supporter of the Children’s came apparent to me early in our time that is SLADE GORTON. Health Insurance Program, the S-CHIP together in the Senate. Our service in During SLADE’s recent campaign, I program, but he has also worked for the Senate overlapped with his last had the privilege of going to Seattle to years to increase Federal research dol- term in the House in 1987 and 1988. I got speak at a luncheon organized for him lars toward autism. That hard work is to know CONNIE when he came to the by women who had once worked for about to pay off because his autism bill Senate after the 1988 election, when he him in the Senate and in his capacity was included this year in the omnibus won the seat that had previously been as attorney general. I was not at all children’s health bill which was signed vacated by Senator, later Governor, surprised to see so many women who into law last month. It will direct more

VerDate 06-DEC-2000 02:05 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.038 pfrm02 PsN: S07PT1 S11680 CONGRESSIONAL RECORD — SENATE December 7, 2000 Federal dollars toward finding a cure Passage of this portion of the bill prove the quality of life for elderly and and treatment for autism. would not have been possible without residents of HUD-assisted properties SLADE GORTON has had an impact on the help of Senators KERRY, EDWARDS, and other eligible people in the neigh- this Senate in so many ways. Whether BAYH, and SHELBY, and their respective borhood. it is serving as a valued mentor to staff, namely Lendell Porterfield and The legislation also includes impor- more junior Senators, such as myself, Josh Stein. I would like to thank all of tant reforms to the manufactured or being the architect of very impor- these individuals for their contribu- housing statute. These reforms provide tant legislation or shepherding appro- tions throughout the process of writ- significant new consumer protections priations bills through an incredibly ing, negotiating, and passing this legis- for owners of manufactured homes. For difficult procedural morass, SLADE has lation. example, the bill creates national min- been front and center in every debate I also want to associate myself with imum installation standards to make in this Senate. the remarks made by Chairman LEACH sure manufactured homes are not just He has not only been a brilliant legis- and Congressman FRANK in the House manufactured correctly—an area that lator; he has also been a wonderful of Representatives on October 24, 2000 has long been under federal control— friend. I will deeply miss serving with regarding the contracting language in but that they are installed properly him, and I appreciate this opportunity this bill. Their colloquy clarified the and perform as advertised to provide today to pay tribute to a man who has intention of this section. high quality, safe, durable, and afford- not only been an outstanding Senator The legislation includes language able housing for their occupants. but a wonderful friend. taken from S. 2733 designed to increase In addition, the new law establishes a I thank the Chair. I yield the floor, the supply of low-income elderly and dispute resolution process which, for and I suggest the absence of a quorum. disabled housing by expanding avail- the first time, will enable a consumer The PRESIDING OFFICER. The able capital for such projects. We allow determine whether a problem with a clerk will call the roll. service providers in federally assisted manufactured home is due to a manu- The senior assistant bill clerk pro- elderly and disabled facilities to in- facturing or installation defect, and ceeded to call the roll. clude eligible residents in the sur- then get the defect corrected. Ms. COLLINS. Mr. President, I ask rounding neighborhood in their pro- Overall, the manufactured housing unanimous consent that the order for grams, expanding their service to the title of this bill will modernize the reg- the quorum call be rescinded. community as a whole. ulatory structure for the industry in a The PRESIDING OFFICER. Without In addition, there are provisions way that gives consumers a full and objection, it is so ordered. which will allow Rural Housing Service equal voice. Such modernization will f to refinance guaranteed loans, reducing help the industry incorporate new costs for low income rural home- AMERICAN HOMEOWNERSHIP AND technologies more quickly, making owners, and a new program to expand ECONOMIC OPPORTUNITY ACT OF this housing more efficient, more at- housing opportunities to Native Hawai- 2000 tractive, safer, and cheaper. Manufac- ians and Native Americans. Both of tured housing can and should be a big- Ms. COLLINS. Mr. President, I ask these changes will make a big dif- ger part of this nation’s effort to ad- unanimous consent that the Senate ference in the lives of low income fami- dress the rising need for affordable proceed to the consideration of H.R. lies. 5640, which is at the desk. Finally, the legislation reauthorizes housing. This legislation will help The PRESIDING OFFICER. The a number of agency reports under the make this a reality. clerk will report the bill by title. jurisdiction of the Banking Committee I also concur with remarks made in The senior assistant bill clerk read as which would otherwise have expired the House of Representatives by Chair- follows: this year. These reports include the man LEACH and Representatives LA- A bill (H.R. 5640) to expand homeownership Federal Reserve’s Semiannual Report FALCE and FRANK in the House on Oc- in the United States, and for other purposes. on Monetary Policy, the Economic Re- tober 24, 2000, regarding the issue of There being no objection, the Senate port of the President, the annual re- contracting out certain monitoring and proceeded to consider the bill. ports of the federal financial regu- oversight functions required by the leg- Mr. SARBANES. Mr. President. I am latory agencies, and a number of other islation. HUD needs to be able to man- pleased to see that we are passing this significant reports in the area of con- age these contracts in a way that al- bipartisan piece of housing legislation sumer protection. These reports are lows them to get the work done. today. While there are provisions that vital to the exercise of the Banking Finally, I thank Senator SHELBY for were not included in the bill, which I Committee’s oversight function, and I his leadership on this issue. Senator thought were worthy of passage, on the am very pleased that the House and the SHELBY deserves great credit for mak- whole, the ‘‘American Homeownership Senate were able to reach agreement ing this legislation possible. He worked and Economic Opportunity Act of 2000’’ on their reauthorization. through every issue and concern raised is a bill that should become law. I I reiterate my approval for the sub- by the various parties to make this day would like to highlight just a few parts stance of this bill. I am glad to see us possible. I also thank Lendell of this legislation that we worked par- pass these portions of different pieces Porterfield from the staff of Senator ticularly hard on over the last two of legislation this session, though I re- SHELBY. Mr. Porterfield was highly years. gret that a low-income housing produc- professional and extremely knowledge- First is the manufactured housing tion program was not included. able. He provided the leadership at a bill, that has been incorporated into Mr. KERRY. Mr. President, there is staff level that enabled this bill to be- this legislation. This bill establishes a much to applaud in the bill we are tak- come law. In addition, Senator ED- national minimum installation stand- ing up today, H.R. 5640, ‘‘The American WARDS and his staff, Josh Stein, were ard for manufactured homes, ensuring Homeownership and Economic Oppor- instrumental in negotiating the final that the home as installed performs as tunity Act.’’ I note that this legisla- compromise. They ensured that the in- advertised. We have created a dispute tion is identical to legislation I have terests of consumers were balanced resolution program, so that owners, cosponsored, S. 3274. with the needs of industry. Likewise, many of whom are lower-income, are Some of the provisions of H.R. 5640 the leadership of Senator SARBANES not mistreated when they are trying to are contained in bipartisan legislation, and his staff helped ensure that this have a defect in their home corrected. S. 2733, which I have introduced with process would continue to be bipartisan This bill also updates the safety stand- my colleagues Senator SANTORUM, Sen- and productive. Senator BAYH also ard setting process for the manufac- ator SARBANES, and others. These are played an important role. I want to tured housing industry, which will designed to increase the stock of af- make a special note of the work of allow new innovations in technology to fordable housing for elderly and dis- Christen Schaefer of the Banking Com- be incorporated into homes more abled Americans by expanding the pool mittee staff, without whose hard work quickly, making them safer, more effi- of available capital. It will also expand and dedication this legislation could cient, and cheaper for homeowners. the availability of services to help im- not become law.

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.041 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11681 There are many other solid achieve- The legislation we are considering partment of Housing and Urban Devel- ments in this legislation that will im- today will improve and modernize a va- opment, Federal Deposit Insurance prove housing opportunities for many riety of federal housing programs. The Corporation, Office of the Comptroller Americans. proposed changes to our nation’s hous- of the Currency, Office of Thrift Super- However, as much as there is to wel- ing laws will increase the efficiencies vision, Federal Housing Finance Board, come in this bill, it is as notable for of subsidized housing programs and and National Credit Union Administra- what is missing. Most importantly, provide that a greater number of truly tion. All of these reports are important this bill does not include any of the nu- needy Americans may be assisted at no in helping Congress conduct its con- merous bipartisan proposals, some of greater cost to the American taxpayer. stitutional oversight responsibilities which passed the House with over- I am particularly pleased that this and ensuring that agencies and depart- whelming majorities, that would pro- legislation includes the Manufactured ments are ultimately accountable to vide for the preservation of existing af- Housing Improvement Act—signifying the American taxpayer. fordable housing that is fast being lost; a cooperative product involving input Mr. President, these are but a few of nor does it include any of the bipar- from industry and other interested par- the highlights of the important provi- tisan proposals to facilitate the con- ties that successfully ends a 10-year sions in H.R. 5640. I am grateful to my struction of new affordable housing. In legislative stalemate. The bill modern- colleagues on both sides of the aisle, particular, I very much regret the ex- izes the requirements of the National both in the Senate and the House, in clusion of the National Affordable Manufactured Housing Construction crafting this compromise legislation. Housing Trust Fund legislation that I and Safety Standards Act of 1974, a 26 In particular, I would like to note the introduced with a number of my col- year-old statute in serious need of revi- extensive cooperation of Senators SAR- leagues from both sides of the aisle. Fi- sion. Manufactured housing reform is BANES and KERRY in working out many nally, it does not include some impor- of great importance to the State of of the provisions of this bill. I urge tant provisions that would encourage Texas, which leads the Nation in the adoption of the bill by the Senate. and support homeownership, such as production and sale of manufactured Ms. COLLINS. Mr. President, I ask low downpayment FHA loans for teach- homes. Across America, manufactured unanimous consent that the bill be ers, police officers, and other munic- homes are a significant source of af- read a third time and passed, the mo- ipal employees. fordable housing—representing 25 per- tion to reconsider be laid upon the Everyone who has looked at the issue cent of all new single-family housing table, and that any statements relating of housing with an open mind, or has starts. I also want to give special to the bill be printed in the RECORD. tried to purchase or rent a home, un- The PRESIDING OFFICER. Without thanks to Senator SHELBY, the original derstands that we face an affordable lead sponsor of the manufactured hous- objection, it is so ordered. housing crisis. A recent study issued by The bill (H.R. 5640) was read the third ing bill, who has worked tirelessly over the National Low Income Housing Coa- time and passed. the years for its passage. Without Sen- lition highlights the fact that there is Ms. COLLINS. Mr. President, I sug- no city, county, or state where a min- ator SHELBY’s dedication and persever- gest the absence of a quorum. imum wage job is adequate to enable a ance, the Manufactured Housing Im- The PRESIDING OFFICER. The working person to afford the typical provement Act title of this bill would clerk will call the roll. rent on 2 bedroom home. In tight mar- not be before the Senate for consider- The senior assistant bill clerk pro- kets such as Boston, New York, Den- ation today. ceeded to call the roll. The American Homeownership and ver, Minneapolis-St. Paul, Austin, San Mr. TORRICELLI. Mr. President, I Economic Opportunity Act contains Francisco, and many others around the ask unanimous consent that the order many other significant housing provi- country, affordable housing is out of for the quorum call be rescinded. reach to average working families. sions, including modernization of the The PRESIDING OFFICER. Without The Federal Government has an im- Department of Housing and Urban De- objection, it is so ordered. portant role to play here, and I will be velopment’s, HUD, Section 202 elderly f working very hard in the upcoming housing and Section 811 disabled hous- ing programs; the Department of Agri- TRIBUTE TO DEPARTING Congress to make sure that we pass SENATORS AND NEW SENATORS new legislation, such as my trust fund culture’s rural housing programs; HUD legislation, that will get the Govern- Native American housing programs; Mr. TORRICELLI. Mr. President, in ment back in the business of encour- and the HUD home equity conversion the days and hours that remain in this aging the production of new affordable mortgage program, which allows our session, many of us on each side of our housing. cash-poor but house-rich senior citi- respective aisles will say a great deal I support the legislation before us, zens the opportunity to utilize their about the colleagues we have worked and I hope that my colleagues will join home equity for needed expenses. with and admire from our own political me in the coming Congress to complete This legislation also renews some 45 parties. Indeed, I am no exception. For the effort we have begun here today. reporting requirements of Executive years, the contributions of the MOY- Mr. GRAMM. Mr. President, today Branch and regulatory agencies, in- NIHANs, or the BOB KERREYs, or the the Senate is taking up H.R. 5640, the cluding the report of the Federal Re- DICK BRYANs, or the FRANK LAUTEN- American Homeownership and Eco- serve Board on the conduct of mone- BERGs have been extraordinary in the nomic Opportunity Act, which was tary policy. life of our country and in the workings passed by the House of Representatives H.R. 5640 directs that the Chairman of this Senate. I will join those voices on December 5, 2000. Companion legis- of the Federal Reserve appear before in praising each of them. But at this lation, sponsored by Senator ALLARD the Congress twice annually, once in moment I wish to say a word as well and myself, together with Senators February and again in July, to report about our colleagues from the Repub- SARBANES, SANTORUM, GRAMS, SHELBY, on the Federal Reserve’s activities lican Party who are leaving this insti- CAMPBELL, and KERRY, was introduced with respect to the conduct of mone- tution. on December 5. This legislation is the tary policy and its outlook regarding Having chaired the Democratic Sen- product of bipartisan work and nego- economic developments and prospects atorial Campaign Committee for these tiations in both bodies, and I urge the in the future. This legislation elimi- years, I have known some of these Sen- Senate to pass this bill today. nates the requirement of the Federal ators as friends and colleagues but also As Chairman of the Committee on Reserve to report on many of the out- as adversaries. It is a peculiar and even Banking, Housing and Urban Affairs, I dated economic indicators required in awkward thing in the American polit- have had the privilege of working the past, such as measures of money ical process that with people you like closely with Housing and Transpor- supply that are no longer useful. and admire, you can nevertheless have tation Subcommittee Chairman AL- Among other reports reinstated in philosophical differences; you can have LARD and want to express my apprecia- this legislation are the Annual Eco- a political contest but nevertheless tion for his strong leadership and com- nomic Report of the President and an- deal with them civilly. mend him for the successful steward- nual reports from numerous banking I admire many of these men and rise ship of this legislation. and housing agencies, including the De- today to praise their contributions to

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.043 pfrm02 PsN: S07PT1 S11682 CONGRESSIONAL RECORD — SENATE December 7, 2000 the Senate and the country; and, as try, to have the Senate act with dis- paying tribute to colleagues on both many other Americans, to thank them tinction, and ultimately—simply the sides of the aisle who for a variety of for their service even though it was my most obvious goal of all—to help ordi- reasons are leaving this institution. responsibility to help wage campaigns nary people in our country who live I think it goes without saying that against them. That is our system. It is sometimes quiet lives, usually content those of us who have been involved in not personal. It is borne only in the to have the Government not be a part putting ourselves in battles for elec- struggle of ideas, the competition of of all that they do but every so often tions understand that it takes some proposals, and the free market of look for help, guidance, or certainly courage and maybe some foolhardiness American politics that have served our the simple need to be able to look upon to put your name on a ballot and sub- country so well. their Government with pride. mit your fate to the neighbors and I would like to say a word about sev- I welcome these individuals to the friends with whom you live. Those eral Members of the Senate who are Senate, and I say farewell for the mo- leaving this institution have done that not of the Democratic Party. ment to those who are leaving. I con- time and again. I respect them. Al- Senator ABRAHAM of Michigan, with gratulate those who won and those who though we disagree on issues and on whom I worked on the Judiciary Com- lost on having done what our Nation is philosophy, we respect them so much mittee, is a respected Member of the dependent upon; that is, people of good for the courage they have shown and institution, a very fine Senator who meaning and integrity going out every for their dedication to public service. has left his mark on the great issues of day saying the things they believe in, One of the most important lessons I law enforcement, who I have come to fighting for the causes they hold dear, ever learned in politics was my first know and admire. and asking the public to render judg- one. I was a college intern on Capitol Senator ROTH of Delaware, who I did ment. Hill working in the office of the U.S. not know well personally but who clev- Senators ABRAHAM, ROTH, ASHCROFT, Senator, Paul Douglas. I had no sooner erly served this institution with dis- GRAMS, and GORTON did just that. Sen- met the man in February than I fell in tinction for a long time, changed many ator MACK did for a long time. Now love with this life and decided to work of our laws and much for the better. Senators ENSIGN and ALLEN have in Government. A few short months Senator ASHCROFT, who as well joined them. later, he lost his election in an effort served with me on the Judiciary Com- We will have a chance in the coming to be reelected to the State of Illinois. mittee, is a gentleman, is a fierce advo- days to welcome each of our Demo- It really came crashing down on me— cate for his point of view, and is a cratic colleagues, as well as thank that a man who served for 18 years, be- skilled man who dealt in a campaign in those who are leaving. cause of the decision of the electorate, extraordinary circumstances, I believe There are few who are finer or served could see his political career come to with considerable distinction. with more distinction than Senator an end that bluntly. Senator GRAMS of Minnesota, I be- BOB KERREY. Indeed, in so many ave- A constant reminder in my public life lieve, too, worked hard gaining the re- nues of American life, he has served is the fact that this is a fickle business, spect of his colleagues. our country with distinction. There are and no one can ever take for granted Senator GORTON of Washington probably few who have served here for the next election. But I believe that State, who served his State for so very which it can genuinely be said this is a the men and women who have served long and so ably, I believe, was a tre- better Senate. We are all the better have done so honorably, and I salute mendous Member of this institution. having been in the Senate in his pres- those on both sides who will not be Although he did lose an election and is ence. That is certainly true with Sen- with us in the next Congress. also leaving this institution, he is one ator KERREY. I say on a positive note that we had of my favorite members of the other Senator MOYNIHAN as well contrib- our organizational caucus of the Demo- party. uted to our country in so many dif- cratic Senators a few days ago in the CONNIE MACK, who I served with in ferent endeavors—a giant of the insti- Old Senate Chamber. We had a chance the House of Representatives, is an ex- tution, who in his wake clearly made it for each of the 10 new Democratic Sen- traordinary Senator and a great gen- a better place. There is not a finer or ators to stand and speak for a moment tleman who has made enormous con- more revered Senator. about their feelings concerning their tributions to the Congress and to the But equal in their contributions in elections and service in the Senate. United States. their own way are Senator BRYAN, Sen- One word that was used most fre- People who I have also come to meet ator LAUTENBERG, and Senator ROBB— quently by these new Senators was as adversaries through the electorate all of whom tirelessly worked for our ‘‘humility’’—how humbled they were to process I want to join in welcoming to country and devoted themselves to the be part of this institution. the Senate. They are both fierce advo- Senate. We can all feel the better be- I have always felt that. I think it is cates and great campaigners, who de- cause they were here. such an exceptional responsibility but feated my party in the fields of polit- Thank you for allowing me to share also an exceptional privilege to serve ical contest. these words. I hope when the years pass in this great body. I have believed that Former Congressman ENSIGN, who we can all remember the distinction representing a State as diverse and in- joins us as a Senator from Nevada, will with which they served, but also the teresting as Illinois gives a special be a fine Senator. He is a great advo- grace with which some of our col- meaning. cate for his State, and is an impressive leagues accepted the voters’ judgment The new Senators coming on both individual who I believe will serve with and their defeat. They did so humbly, sides of the aisle will add something to distinction in the Senate. and they did so civilly; and, how some this Chamber, as each new class of Sen- Governor ALLEN, who was engaged in of the victors have also come here ators does. I hope before we begin an- one of the most competitive Senate humbly as well understanding they ticipating the next Congress and what contests in the country, has served have a lot to contribute and a great it might mean, we take care of the with distinction as a Governor, and I deal to learn with the grace of the pub- business of this Congress. believe he will be an extraordinary lic having given them the opportunity. PASSING APPROPRIATIONS BILLS Senator. I yield the floor. Mr. President, we are required by I welcome them to the institution. The PRESIDING OFFICER. The Sen- law, as of each October 1st, to pass Despite an evenly divided Senate, there ator from Illinois. spending bills, appropriations bills for are real differences on fundamental Mr. DURBIN. Mr. President, I ask the function of government. Most Con- issues as to how the Nation should ap- unanimous consent to be recognized in gresses fail to meet the deadline of Oc- proach education and health care, gun morning business. tober 1st. Some miss it by a few days, safety, and the use of the budget sur- The PRESIDING OFFICER. The Sen- some by a few weeks. Sadly, this Con- plus. These issues are real. Our dif- ator is recognized. gress will miss it by a few months. ferences have meaning. Sometimes dif- Mr. DURBIN. Mr. President, I would We still have major spending bills ferences are deep. But our objectives like to associate myself with the re- which have not been passed by this are common; that is, to serve the coun- marks of the Senator from New Jersey, Congress. Frankly, we have run out of

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.049 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11683 excuses. It is time to pass those bills In my conversations with hospital CONCLUSION OF MORNING which will continue the functions of administrators and doctors, those who BUSINESS government. The Labor-HHS bill is one are managing nursing homes, those The PRESIDING OFFICER. Morning that deals with education and health who are providing valuable health care business is closed. and labor standards in America. Is services, there is nothing more impor- f there any greater responsibility? How tant to them than getting this done be- can we explain the fact that we still fore we leave. No excuse will do. It was BANKRUPTCY REFORM ACT OF haven’t done it? There is no excuse part of the general tax relief bill that 2000—CONFERENCE REPORT left. We need to pass that legislation was pending before Congress, a con- The PRESIDING OFFICER. Under and do it quickly. troversial bill that involved over $250 the previous order, the Senate will now Secondly, the bill related to the billion in tax relief over the next 10 resume consideration of the conference Commerce, Justice, and State Depart- years. That bill is caught up in con- report to accompany H.R. 2415, which ments not only deals with the adminis- troversy and is going nowhere. The the clerk will report. tration of justice and law enforcement President has said he would have to The legislative clerk read as follows: but the representation of the American veto it. The provision in there relative Conference report to accompany the bill Government overseas, the representa- to Medicare and Medicaid would be lost (H.R. 2415) to enhance security of United tion of American business in an effort in that process. States missions and personnel overseas, to to create new jobs in this country. Yet authorize appropriations for the Department It has been reported in the news- of State for fiscal year 2000, and for other we haven’t passed that legislation. papers, and I think it is probably accu- purposes. I hope we won’t fall on the easy solu- rate, that the leadership has pulled Mr. WELLSTONE. Mr. President, it tion suggested by some that we some- away from that tax bill now and be- how postpone this for months or an- is my understanding that we are now in lieves it cannot pass. But we would debate on the bankruptcy bill; is that other year. That would truly be make a serious mistake if we backed humiliating to this Congress, if it correct? off from our commitment to deal with The PRESIDING OFFICER. That is should fall into that trap. It is better Medicare and Medicaid before we ad- correct. to face four square our responsibility. I journ this Congress. I think there is a Mr. WELLSTONE. I thank the Chair. hope leaders on both sides of the aisle will and there is a way. Mr. President, I yield myself, from and the White House can come to an I have spoken with the representa- Senator LEAHY’s time, 30 minutes. agreement as quickly as possible. The PRESIDING OFFICER. Without There is one special issue, though, tive from the White House, Mr. Lew, who heads up the Office of Management objection, it is so ordered. that I hope we can address before we Mr. WELLSTONE. I am sorry, I have and Budget, and my colleague and leave. It affects my State and the State my own time. friend, the Speaker of the House DEN- of the Presiding Officer, the State of Il- Mr. President, The proponents of this NIS HASTERT, who understands the im- linois, the question of hospital care and bill argue that people file because they portance of this issue to the State of Il- reimbursement from the Federal Gov- want to get out of their obligations, be- linois. I have talked to my colleagues ernment. More and more, our hospitals cause they’re untrustworthy, because on this floor. We clearly can achieve across Illinois and around the Nation they’re dishonest, because there is no this. In achieving it, we can send back depend on the Medicare and Medicaid stigma in filing for bankruptcy. programs to adequately reimburse a message not only to rural hospitals, But any look at the data tells you them for quality health care which which frankly are facing the ruin of de- otherwise. We know that in the vast American families expect. In an effort clining revenues at a time when they majority of cases it is a drastic step to balance the budget, we made cuts in are trying to keep their doors open, but taken by families in desperate finan- reimbursement under the Medicare also hospitals in the inner cities and cial circumstances and overburdened program. We had hoped to save a little hospitals across America, teaching hos- by debt. The main income earner may over $100 billion over some years. We pitals, and others that rely on these re- have lost his or her job. There may be cut too deeply, and now we know un- imbursements. sudden illness or a terrible accident re- less we reverse that policy, the actual I urge my colleagues, as we consider quiring medical care. savings or cost cutting will be well the next Congress, let’s not forget the Specifically we know that nearly half over $200 billion. remaining agenda of this Congress. It of all debtors report that high medical On its face, it may sound like a good is not enough to pack our bags, wish costs forced them into bankruptcy— reason, that we are reducing the deficit everyone a happy holiday, and head this is an especially serious problem even more, and that is a very valuable home. There are important items still for the elderly. But when you think thing. But the price we are paying is to be resolved. We were elected and about it, a medical crisis can be a dou- too high because in hospital after hos- took an oath of office to resolve this. ble financial whammy for any family. pital, in nursing homes and those agen- No excuse will do at this point. Let us First there are the high costs associ- cies providing home health care serv- pass those pending appropriations bills, ated with treatment of serious health ices, they are inadequately reimbursed make the compromises necessary to do problem. Costs that may not be fully by the Federal Government and they so, and not forget our responsibility covered by insurance, and certainly the are forced to cut back time and again under Medicare and Medicaid across over 30 million Americans without on the services the people have come to the United States to seniors, the dis- health insurance are especially vulner- expect. abled, and the disadvantaged, who rely able. But a serious accident or illness Yesterday we had an interesting in- on those programs for quality health may disable—at least for a time—the formal hearing on the Senate side. I care. primary wage earner in the household. hope it is a portent of good things to I think it can be done. I hope my col- Even if it isn’t the person who draws come. A bipartisan hearing with Sen- leagues join me in making certain we the income, a parent may have to take ator SPECTER, Senator HUTCHISON, as make that effort as we close this ses- significant time to care for a sick or well as Senator COLLINS on the Repub- sion of the Congress. disabled child. Or a son or daughter lican side, joined with Senators KEN- I suggest the absence of a quorum. may need to care for an elderly parent. NEDY, ROCKEFELLER, WELLSTONE, and The PRESIDING OFFICER. The This means a loss in income. It means myself to talk about this issue and to clerk will call the roll. more debt and the inability to pay that say that before Congress adjourns, we debt. need to address what is known as the The legislative clerk proceeded to Are people overwhelmed with med- Balanced Budget Act reform as it re- call the roll. ical debt or sidelined by illness dead- lates to Medicare and Medicaid. I be- Mr. WELLSTONE. Mr. President, I beats? This bill assumes they are. For lieve there is a genuine sentiment on ask unanimous consent that the order example, it would force them into cred- the floor of the Senate, a strong bipar- for the quorum call be rescinded. it counseling before they could file—as tisan Senate, that we do this before we The PRESIDING OFFICER. Without if a serious illness or disability is go home. objection, it is so ordered. something that can be counseled away.

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.053 pfrm02 PsN: S07PT1 S11684 CONGRESSIONAL RECORD — SENATE December 7, 2000 Women single filers are now the larg- is a difficult demoralizing process, but stand with working families, with sen- est group in bankruptcy, and are one for nearly all who decide to file, it iors, with single women with children, third of all filers. They are also the means the difference between a finan- with African Americans and hispanics. fastest growing. Since 1981, the number cial disaster being temporary or per- But I would say to my colleagues on of women filing alone increased by manent. The repercussions of tearing the floor of the United States Senate more than 700 percent. A woman single that safety net asunder will be tremen- today that this is not a debate about parent has a 500 percent greater likeli- dous, but the authors of the bill remain winners and losers. Because we all lose hood of filing for bankruptcy than the deaf to the chorus of protest and indig- if we erode the middle class in this population generally. Single women nation that is beginning to swell as or- country. We all lose if we take away with children often earn far less than dinary Americans and members of Con- some of the critical underpinnings that single men aside for the difficulties and gress begin to understand that bank- shore up our working families. Sure, in costs of raising children alone. Divorce rupt Americans are much like them- the short run big banks and credit card is also a major factor in bankruptcy. selves—are exactly like themselves— companies may pad their profits, but in Income drops, women, again, are espe- and that they are only one layoff, one the long run our families will be less cially hard hit. They may not have medical bill, one predatory loan away secure, our entrepreneurs will become worked prior to the divorce, and now from joining the ranks. more risk adverse and less entrepre- have custody of the children. For the debtor and his family the neurial. Are single women with children dead- benefit of bankruptcy—despite the em- How so? Well this how a Georgia Con- beats? This bill assumes they are. The barrassment, despite the humiliation gressman described the issue in 1841: new nondischargeability of credit card of acknowledging financial failure—is Many of those who become a victim to the debt will hit hard those women who use obvious, to get out from crushing debt, reverses are among the most high-spirited the cards to tide them over after a di- to be able to once again attempt to live and liberal-minded men of the country—men vorce until their income stabilizes. And within one’s means, to concentrate who build up your cities, sustain your benev- the ‘‘safe harbor’’ in the conference re- one’s income on clear priorities such as olent institutions, open up new avenues to port which proponents argue will shield food, housing and transportation. But trade, and pour into channels before unfilled the tide of capital. low and moderate income debtors from it is also the fundamental principles of the means test will not benefit many a just society to ensure that financial This is still true today. single mothers who need help the most mistakes or unexpected circumstances This isn’t a debate about reducing because it is based on the combined in- do not mean banishment forever from the high number of bankruptcies. No come of the debtor and the debtor’s productive society. way will this legislation do that. In- spouse, even if they are separated, the The ‘‘fresh start’’ that is under at- deed, by rewarding the reckless lending spouse is not filing for bankruptcy, and tack here in the Senate today is noth- that got us here in the first place we the spouse is providing no support for ing less than a critical safety net that will see more consumers overburdened the debtor and her children. In other protects America’s working families. with debt. words, a single mother who is being de- As Sullivan Warren and Westbrook put No, this is a debate about punishing prived of needed support from a well- it in ‘‘The Fragile Middle Class’’: failure. Whether self inflicted or un- controlled and unexpected. This is a de- off spouse is further harmed by this Bankruptcy is a handhold for middle class bill, which will deem the full income of debtors on the way down. These families bate about punishing failure. And if that spouse available to pay debts for have suffered economic dislocation, but the there is one that this country has determination of whether the safe har- ones that file for bankruptcy have not given learned, punishing failure doesn’t bor and means test applies. up. They have not uprooted their families work. You need to correct mistakes, Mr. President, you will hear my col- and drifted from town to town in search of prevent abuse. But you also need to lift leagues talk about high economic work. They have not gone to the under- people up when they’ve stumbled, not growth and low unemployment and ground economy, working for cash and say- beat them down. ing off the books. Instead, these are middle Of course, what the Congress is wonder how so many people could be in class people fighting to stay where they are, circumstances that would require them trying to find a way to cope with their de- poised to do here with this bill is even to file for bankruptcy. Well, the rosy clining economic fortunes. Most have come worse within the context of this Con- statistics mask what has been modest to realize that their incomes will never be gress. This is a Congress that has failed real wage growth at the same time the the same as they once were. As their com- to address skyrocketing drug costs for debt burden on many families has sky- ments show, they realize they can live on seniors, this is a Congress that has rocketed. And it also masks what has $30,000 or $20,000 or even $10,000. But they failed to enact a Patients’ Bill of been real pain in certain industries and cannot do that and meet the obligations that Rights much less give all Americans they ran up while they were making much access to affordable health care. This is certain communities as the economies more. When put to a choice between paying restructure. Even temporary job loss credit card debt and mortgage debt, between a Congress that does not invest in edu- may be enough to overwhelm a family dealing with a dunning notice from Sears cation, that does not invest in afford- that carries significant loans and often and putting groceries on the table, they will able child care. This a Congress that the reality is that a new job may be at go to the bankruptcy courts, declare them- has yet to raise the minimum wage. a lower wage level—making a pre- selves failures, and save their future income But instead, we declare war on Amer- viously manageable debt burden un- for their mortgage and their groceries. ica’s working families with this bill. workable. I say to my colleagues, there may be What is clear is that this bill will be So what does this bill do to keep peo- many different standards that different a death of a thousand cuts for all debt- ple who undergo these wrenching expe- members have for bringing legislation ors regardless of whether the means riences out of bankruptcy? Nothing. to the floor of the United States Sen- test applies. There are numerous provi- Zero. Tough luck. Instead, this con- ate. We come from different back- sions in the bankruptcy reform bill de- ference report just makes the fresh grounds, we come from different states, signed to raise the cost of bankruptcy, start of bankruptcy harder to achieve. we have different philosophies about to delay its protection, to reduce the But this doesn’t change anyone’s cir- the role of government in society. We opportunity for a fresh start. But rath- cumstances, this doesn’t change the have differing priorities. But for God’s er than falling the heaviest on the sup- fact that these folks no longer earn sake, there should be one principle that posed rash of wealthy abusers of the enough to sustain their debt. Mr. Presi- all of us can get behind and that is that code, they will fall hardest on low and dent, there is not one thing in this so we should do no harm here in our work middle income families who des- called bankruptcy reform bill that in America’s working families. perately need the safety net of bank- would promote economic security in That’s what is at stake here. This is ruptcy. working families. a debate about priorities. This is a de- I want to take some time to talk When you push the rhetoric aside, bate about what side you’re on. This is about the effect this bill will have on one thing becomes clear: The bank- a debate about who you stand with. low and middle class debtors. Remem- ruptcy system is a critical safety net Will you stand with the big banks and ber, nearly all debtors who file for for working families in this country. It the credit card companies or will you bankruptcy are not wealthy scofflaws,

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.010 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11685 but rather people in desperate eco- bill will be on real life debtors—the making a good faith attempt to apply nomic circumstances who file as a last folks profiled in the Time article. I the means test, which after all created resort to try and rebuild their finances, hope the authors of the bill will come a presumption of abuse. and, in many cases, end harassment by to the floor to debate on these points. Of course, young Annelise Trapp’s their creditors. And in particular I There could be the opportunity for medical problems continue and are want to remind my colleagues of the some real progress on an issue that has only getting worse. Under current law, May 15, 2000 issue of Time magazine yet to be addressed by the bill’s sup- if the Trapps again amass medical and whose cover story on this so-called porters. Specifically, I challenge them other debts they can’t pay, they could bankruptcy reform legislation was en- to come to the floor and explain to seek refuge in chapter 13 where they titled ‘‘Soaked by Congress.’’ their colleagues how making bank- would be required to pay all that they The article, written by reporters Don ruptcy relief harder and much more could afford. Under the new bill, the Bartlett and Jim Steele, is a detailed costly to achieve will benefit working Trapps could not file a chapter 13 case look at the true picture of who files for families. for five years. Even then, their pay- bankruptcy in America. You will find Charles and Lisa Trapp were forced ments would be determined by the IRS it far different from the skewed version into bankruptcy by medical problems. expense standards and they would have being used to justify this legislation. Their daughter’s medical treatment to stay in their plan for 5 years, rather The article carefully documents how left them with medical debts well over than the 3 years required by current low and middle income families—in- $100,000, as well as a number of credit law. The time for filing a new chapter creasingly households headed by single card debts. Because of her daughter’s 7 would also be increased by the bill, women—will be denied the opportunity degenerative condition, Ms. Trapp had from 6 years to 8 years. of a ‘‘fresh start’’ if this punitive legis- to leave her job as a letter carrier Not only does the majority leader lation is enacted. As Brady Williamson, about two months before the bank- want to ram through bankruptcy legis- the Chairman of the National Bank- ruptcy case was filed to manage her lation on the State Department au- ruptcy Review Commission, notes in daughter’s care. Before she left her job, thorization conference report, which he the article, the bankruptcy bill would the family’s annual income was about has literally hijacked for that purpose, condemn many working families to $83,000, or about $6900 per month, so there is no question that this is a sig- ‘‘what essentially is a life term in debt- under the bill, close to that amount, nificantly worse legislation than what or’s prison.’’ about $6200, the average monthly in- passed the Senate. In fact, there is no Now proponents of this legislation come for the previous six months, pretending that this is a bill designed have tried to refute the Time magazine would be deemed to be their current to curb real abuse of the bankruptcy article. Indeed during these final days monthly income, even though their code. of debate you will hear the bill’s sup- gross monthly income at the time of Does this bill take on wealthy debt- porters claim that low and moderate filing was only $4800. Based on this fic- ors who file frivolous claims and shield income debtors will be unaffected by titious deemed income, the Trapps their assets in multi million dollar this legislation. But colleagues, if you would have been presumed to be abus- mansions? No, it guts the cap on the listen carefully to their statements ing the Bankruptcy Code, since their homestead exemption adopted by the you will hear that they only claim that allowed expenses under the IRS guide- Senate. I ask my colleagues who sup- such debtors will not be affected by the lines and secured debt payments port this bill: how can you claim that bill’s means tests. Not only is that amounted to $5339. The difference of this bill is designed to crack down on claim demonstrably false—the means about $850 per month would have been wealthy scoff laws without closing the test and the safe harbor have been deemed available to pay unsecured massive homestead loophole that exists written in a way that will capture debts and was over the $167 per month in five states, and in a bill that falls so many working families who are filing triggering a presumption of abuse. The harshly on the backs of low and mod- for Chapter 7 relief in good faith—but Trapps would have had to submit de- erate income individuals? it ignores the vast majority of this leg- tailed documentation to rebut this pre- I wonder how my colleagues who vote islation which will impose needless sumption, trying to show that their in- for this conference report will explain hurdles and punitive costs on all fami- come should be adjusted downward be- this back home. How will they explain lies who file for bankruptcy regardless cause of special circumstances and that that they supported letting wealthy of their income. Nor does the safe har- there was no reasonable alternative to debtors shield their assets from credi- bor apply to any of these provisions! Ms. Trapp leaving her job. tors at the same time that voted to end You might ask why the Congress has Because their ‘‘current monthly in- the practice under current law of stop- chosen to come down so hard on ordi- come,’’ although fictitious, was over ping eviction proceedings against ten- nary working folk down on their luck. the median income, the family would ants who are behind on rent who file How is it that this bill is so skewed have been subject to motions for for bankruptcy. With one hand we gut against their interests and in favor of ‘‘abuse’’ filed by creditors, who might tenants rights, with the other we shield big banks and credit card companies? argue that Ms. Trapp should not have wealthy homeowners. Maybe that’s because these families left her job, and that the Trapps should Nor does this bill contain another don’t have million-dollar lobbyists rep- have tried to pay their debts in chapter amendment offered by Senator SCHU- resenting them before Congress. They 13. They also would not have been pro- MER and adopted by the Senate that don’t give hundreds of thousands of tected by the safe harbor. The Trapps would prevent violators of the Fair Ac- dollars in soft money to the Demo- would have had to pay their attorney cess to Clinic entrances Act—which cratic and Republican parties. They to defend such motions and if they protects women’s health clinics—from don’t spend their days hanging outside could not have afforded the thousand using the bankruptcy system to walk the Senate chamber waiting to bend a dollars or more that this would have away from their punishment. Again, I Member’s ear. Unfortunately it looks cost, their case would have been dis- thought the sponsors of the measure like the industry got to us first. missed and they would have received wanted to crack down on people who They may have lost a job, they may no bankruptcy relief. If they prevailed game the system. What could be a big- be struggling with a divorce, maybe on the motion, it is very unlikely they ger misuse of the system then to use there are unexpected medical bills. But could recover attorney’s fees from a the bankruptcy code to get out of dam- you know what? They are busy trying creditor who brought the motion, since ages imposed because you committed to turn their lives around. And I think recovery of fees is permitted only if the an act of violence against a women’s it is shameful that at the same time creditor’s motion was frivolous and health clinic? this story is unfolding for a million could not arguably be supported by any And yet the secret conferees on his families across America, Congress is reasonable interpretation of the law (a bill simply walked away. They walked poised to make it harder for them to much weaker standard than the origi- away from the real opportunity to pro- turn it around. Who do we represent? nal Senate bill.) Because the means hibit an abuse that all sides recognize I want to take a few minutes to ex- test is so vague and ambiguous, and exist, but they also walked away from plain exactly what the effects of this creditor could argue that it was simply an opportunity to protect women from

VerDate 06-DEC-2000 02:11 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.012 pfrm02 PsN: S07PT1 S11686 CONGRESSIONAL RECORD — SENATE December 7, 2000 harassment. They walked away from credit industry has begun to aggres- passes, it’s working families who get the opportunity to protect women from sively court the poor and the vulner- burned. violence. able, bankruptcies have risen. Credit But guess what? It gets even worse, So why shouldn’t people be cynical card companies brazenly dangle lit- because the consumer finance industry about this process? Ever since bank- erally billions of card offers to high isn’t just reckless in its lending habits, ruptcy reform was passed by the Sen- debt families every year. They encour- big name lenders all too often break or ate this bill has gotten less balanced, age card holders to make low payments skirt the law in both marketing and less fair, and more punitive—but only toward their card balances, guaran- collection. for low and moderate income debtors. teeing that a few hundred dollars in For example: So again, I would say to my colleagues, clothing or food will take years to pay In June of this year the Office of the this bill is a question of our priorities. off. The lengths that companies go to Comptroller of the Currency reached a Will we stand with wealthy dead beats keep their customers in debt is ridicu- settlement with Providian Financial or will we take a stand to protect lous. Corporation in which Providian agreed women seeking reproductive health In the interest of full disclosure— to pay at least $300 million to its cus- services from harassment? something that the industry itself isn’t tomers to compensate them for using But unfortunately, these were not very good at—I would like my col- deceptive marketing tactics. Among the only areas where the shadow con- leagues to be aware of what the con- these were baiting customers with ‘‘no ferees beat a retreat from balance and sumer credit industry is practicing annual fees’’ but then charging an an- fairness. even as it preaches the sermon of re- nual fee unless the customer accepted You know, a lot of folks must be sponsible borrowing. After all, debt in- the $156 credit protection program watching the progress of this bank- volves a borrower and a lender; poor (coverage which was itself deceptively ruptcy bill over the course of this year choices or irresponsible behavior by ei- marketed). The company also mis- with awe and envy. Can my colleagues ther party can make the transaction go represented the savings their cus- name one other bill that the leadership sour. tomers would get from transferring ac- has worked so hard and with such de- So how responsible has the industry count balances from another card. termination to move by any and all been? I suppose that it depends on how In 1999, Sears, Roebuck & Co. paid means necessary? Certainly not an in- you look at it. On the one hand, con- $498 million in settlement damages and crease in the minimum wage. Certainly sumer lending is terrifically profitable, $60 million in fines for illegally coerc- not a meaningful prescription drug with high cost credit card lending the ing reaffirmations—agreements with benefit for seniors, certainly not the most profitable of all (except perhaps borrowers to repay debt—from its card- reauthorization of the Elementary and for even higher costs credit like payday holders. But apparently this is just the Secondary Education Act. On many loans). So I guess by the standard of re- cost of doing business: Bankruptcy issues, on most issues, this has been a sponsibility to the bottom line they judges in California, Vermont, and New do nothing Congress. But on so-called have done a good job. York have claimed that Sears is still bankruptcy reform, the Senate and On the other hand, if you define re- up to its old strong arm tactics, but is House leadership can’t seem to do sponsibility as promoting fiscal health now using legal loopholes to avoid dis- enough! among families, educating on judicious closure. Now colleagues, Sears is a One can only wonder what we could use of credit, ensuring that borrowers creditor in one third of all personal have accomplished for working fami- do not go beyond their means, then it bankruptcies. And by the way, this leg- lies if the leadership had the same de- is hard to imagine how the financial islation contains provisions that would termination on other issues. Unfortu- services industry could be bigger dead- have protected Sears from paying back nately those other issues did have the beats. any monies that customers were financial services industry behind it. According the Office of the Comp- tricked into paying under these plans. And you have to give them credit—no troller of Currency, the amount of re- This July, North American Capital pun intended—over the past couple of volving credit outstanding—i.e. the Corp., a subsidiary of GE, agreed to pay years they have played the Congress amount of open ended credit (like cred- a $250,000 fine to settle charges brought like a violin. And what do you know, it cards) being extended—increased by the Federal Trade Commission that here we are trying to ram through this seven times during 1980 and 1995. And the company had violated the Fair bankruptcy bill in the 11th hour as the between 1993 and 1997, during the sharp- Debt Collection Practices Act by lying 106th Congress draws to a close. est increases in the bankruptcy filings, to and harassing customers during col- In reading the consumer credit indus- the amount of credit card debt doubled. lections. try’s propaganda one would think the Doesn’t sound like lenders were too In October 1998, the Department of story of bankruptcy in America is one concerned about the high number of Justice brought an antitrust suit of large numbers of irresponsible, high bankruptcies—at least it didn’t stop against VISA and Mastercard, the two income borrowers and their conniving them from pushing high cost credit largest credit card associations, charg- attorney using the law to take advan- like candy. ing them with illegal collusion that re- tage of naive and overly trusting lend- Indeed, what do credit card compa- duced competition and made credit ers. nies do in response to ‘‘danger signals’’ cards more expensive for borrowers. As it turns out, that picture of debt- from a customer that they may be in These are just a few examples, I ors is almost completely inaccurate. over their head. According to ‘‘The could go on and on. At a minimum, The number of bankruptcies has fallen Fragile Middle Class’’ an in depth these illegal and unscrupulous prac- steadily over the past months, charge study of who files for bankruptcy and tices rob honest creditors who play by offs (defaults on credit cards) are down why, the company’s reaction isn’t what the rules of repayment. And the cost to and delinquencies have fallen to the you would think. debtors and other creditors alike are lowest levels since 1995, and now all In other words, those folks who may tremendous. sides agree that nearly all debtors re- have come into your office this year or But other practices are not illegal, sort to bankruptcy not to game the last year talking about how they need- merely unsavory. system but rather as a desperate meas- ed protection from customers who Let me repeat myself in case my col- ure of economic survival. walked away from debts, who thought leagues somehow missed the blatant It also turns out that the innocence Congress should mandate credit coun- hypocrisy of what’s going on here: The of lenders in the admittedly still high seling—to promote responsible money big banks and credit card companies numbers of bankruptcies has also management—as a requirement for are pushing to rig the system so that been—to be charitable—overstated. seeking bankruptcy protection, who ar- you cannot file for bankruptcy unless As high cost debt, credit cards, retail gued that reform of the bankruptcy you perform credit counseling at the charge cards, and financing plans for code is needed because of decline in the same time that they are jeopardizing consumer goods have skyrocketed in stigma of bankruptcy have been pour- the health the credit counseling indus- recent years, so have the number of ing gasoline on the flames the whole try and making it significantly more bankruptcy filings. As the consumer time. Of course, in the end, if this bill costly for debtors.

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.013 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11687 That is pretty brazen, but as my col- terrible. The House and Senate Repub- work is likely to become law. Conference re- leagues will hear over and over in this licans have taken a secretly negotiated ports are privileged. Motions to proceed to debate, this isn’t just an industry that bankruptcy bill and stuffed it into the them cannot be debated, and such reports wants to have it both ways, it wants to State Department authorization bill in cannot be amended. So conference commit- have it several different ways. tees are already very powerful. But if con- which not one provision of the original ference committees are permitted to add Of course, these are mild abuses com- bill remains. Of course, State Depart- completely extraneous matters in con- pared to predatory lending. Schemes ment authorization is the last of many ference, that is, if the point of order against such as payday loans, car title pawns, targets. The majority leader has talked such conduct becomes a dead letter, con- and home equity loan scams harm tens about doing this on an appropriations ferees will acquire unprecedented power. of thousands of more Americans on top bill, on a crop insurance bill, on the They will acquire the power to legislate in a of those shaken down by the main- electronic signatures bill, on the Vio- privileged, unreviewable fashion on virtually stream creditors. Such operators often lence Against Women Act. So disparate any subject. They will be able to completely bypass the deliberative process of the Sen- target those on the economic fringe are we to serve the big banks and cred- like the working poor and the recently ate. Mr. President, this is a highly dangerous it card companies that no bill has been situation. It will make all of us less willing bankrupt. They even claim to be per- safe from this controversial baggage. to send bills to conference and leave all of us forming a public service: providing We are again making a mockery of vulnerable to passage of controversial, extra- loans to the uncreditworthy. It just scope of conference. We are abdicating neous legislation any time a bill goes to con- also happens to be obscenely profitable our right to amend legislation. We are ference. I hope the Senate will not go down to overwhelm vulnerable borrowers abdicating our right to debate legisla- this road. Today the narrow issue is the sta- with debt at usurious rates of interest. tion. And for what? Expediency. Con- tus of one corporation under the labor laws. Hey, who said good deeds don’t get re- But tomorrow the issue might be civil venience. rights, States’ rights, health care, education, warded? However, I am not sure that we have Reading this conference report or anything else. It might be a matter much ever been so brazen in the past. Yes we more sweeping than the labor law issue that makes it clear who has the clout in have combined unrelated, extraneous is before us today. Washington. There is not one provision measures into conference reports. Usu- He was absolutely right. We are head- in this bill that holds the consumer ally because the majority wishes to ed down that slippery slope he de- credit industry truly responsible for pass one bill using the popularity of scribed. For the last three years we their lending habits. My colleagues another. Putting it into a conference talk about the message they want to have handled appropriations in this report makes it privileged. Putting manner. We have combined bills, the send to deadbeat debtors, that bank- into a conference report makes it ruptcy will no longer be a ‘‘free ride’’ text is written by a small group of Sen- unamenable. So they piggy back legis- to a clean slate. Well what message ators and Congressmen and these bills lation. Fine. But this may be the first does this bill send to the banks, and have been presented to the Senate as time in the Senate’s history where the the credit card companies? The mes- an up or down proposition. And now majority has hollowed out a piece of sage is clear: make risky loans, dis- we’re doing it with so-called bank- courage savings, promote excess, and legislation in conference—left nothing ruptcy reform. Congress will bail you out by letting behind but the bill number—and in- Conference reports are privileged. It you be more coercive in your collec- serted a completely unrelated measure. is very difficult for a minority in the tions, by putting barriers in between I challenge my colleagues to walk Senate to stop a conference report as your customers and bankruptcy relief, into any high school civics class room they can with other legislation. That is and by ensuring that the debtor will in America and explain this process. why these conference reports are being emerge from bankruptcy with his vas- Explain this new way that a bill be- used in this way, and that is why the salage to you intact. This is in stark comes law. What the majority has es- rules are supposed to restrict their contrast to the numerous punitive pro- sentially done is started down the road scope. visions of the bill aimed at borrowers. toward a virtual tricameral legisla- Last year, Senator DASCHLE at- The record is clear: lenders routinely ture—House, Senate, and conference tempted to reinstate rule 28 on the discourage healthy borrowing prac- committee. But at least the House and Senate floor. He was voted down, and tices, encourage excessive indebtedness the Senate have the power under the he spoke specifically about how we and impose barriers to paying of debt constitution to amend legislation have corrupted the legislative process all in the name of padding their profits. passed by the other house—measures in the Senate: It would be a bitter irony if Congress adopted by the all-powerful conference I wish this had been a one time event. Un- were to reward big banks, credit card committee are not amendable. fortunately, it happens over and over and companies, retailers and other lenders Is bankruptcy reform so important over. It is a complete emasculation of the for their bad behavior, but that exactly that we should weaken the integrity of process that the Founding Fathers had set the Senate itself? It is not. I question up. It has nothing to do with the legislative what passage of bankruptcy reform leg- process. If you were to write a book on how islation would do. whether any legislation is that impor- a bill becomes a law, you would need several I would characterize the debate like tant, but to make such a blatant mock- volumes. In fact, if the consequences were this and make it very simple for my ery of the legislative process on a bill not so profound, some could say that you colleagues. This is fundamentally a ref- that is going to be vetoed anyway? would need a comic book because it is hilar- erendum on Congress’ priorities and That is effectively dead? Just to make ious to look at the lengths we have gone to you simply need to ask yourself: whose a political point? What have we come thwart and undermine and, in an extraor- side am I on? Am I on the side of the to? dinary way, destroy a process that has working families who need a financial This is a game to the majority. The worked so well for 220 years. fresh start because they are overbur- game is how to move legislation So where does it stop? As long as the dened with debt? Am I for preserving through the Senate with as little inter- majority want to avoid debate, as long this critical safety net for the middle ference as possible from actual Sen- as the majority wants to avoid amend- class? Will I stand with the civil rights ators. ments and as long as Senators will go community, and religious community, I remind my colleagues of what Sen- along to get along we will find our- and the women’s community, and con- ator KENNEDY said 4 years ago when selves forced to cast up or down votes sumer groups and the labor unions who the Senate voted to gut rule XXVIII, on legislation—a rubber stamp yes or fight for ordinary Americans and who the Senate rule limiting the scope of no—with no ability to actually legis- oppose this bill? conference which we are violating with late. Or will you stand with the credit this conference report. Speaking very Each Senator who today votes for card companies, and the big banks, and prophetically he said: this conference report should know they may find themselves in the major- the auto lenders who desperately want The rule that a conference committee can- this bill to pad their profits? I hope the not include extraneous matter is central to ity today, they may be OK with letting choice will be clear to colleagues. the way that the Senate conducts its busi- this bill go because they are not of- Let me say a few words about the ness. When we send a bill to conference we do fended by what it contains, but be fore- process on this legislation, which is so knowing that the conference committee’s warned, the day will come when you

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.015 pfrm02 PsN: S07PT1 S11688 CONGRESSIONAL RECORD — SENATE December 7, 2000 will be on the other side of this tactic. But let me be clear. Chapter 12, the debtor’s spouse, even if they are sepa- Today it is bankruptcy reform, but bankruptcy relief for family farmers, rated. The spouse is not filing for bank- someday you will be the one protesting can be passed separately within a day ruptcy, and the spouse is providing no the inclusion of a provision that you or two. It is not a problem. So no one support for the debtor or children, but believe is outrageous. from any ag State should believe that that spouse’s income is considered. Regardless of the merits of bank- somehow you have to vote for a harsh This piece of legislation does not pro- ruptcy reform, this is a terrible proc- piece of legislation, that targets the vide a whole lot of help to many hard- ess. I would urge my colleagues to vote most vulnerable citizens, that is com- pressed single parents, most of whom no to send a message to the leadership. pletely one sided, that calls for no ac- are women. Send a message that you want your countability from credit card compa- I have heard some of my colleagues rights as Senators back. nies or larger banks, in order to get out here on the floor talking about eco- Finally, I end on this note. I think bankruptcy relief for family farmers. It nomic growth, low unemployment, say- many in this body believe that a soci- is just simply not true. ing: Given this economic performance, ety is judged by its treatment of its The proponents of this bill have ar- how can you have people filing for most vulnerable members. By that gued—they have been pretty explicit bankruptcy? Surely, it must be, again, standard, this is an exceptionally about this—that often the people who that these are people who feel no stig- rough bill in what has been a very are filing for chapter 7 do so because ma. rough Congress. All the consumer they want to get out of their obliga- You know what. This rosy picture groups oppose this bill, 31 organiza- tions, because they are untrustworthy, masks the fact that there is real pain tions devoted to women and children’s because they are dishonest, and be- in certain industries, and there are cer- issues oppose this legislation. cause they sort of feel no stigma in fil- tain communities and certain families There is no doubt in my mind that ing for bankruptcy. under siege. this is a bad bill. It punishes the vul- I would, one more time, like to point This is a news release from the LTV nerable and rewards the big banks and out on the floor of the Senate that Corporation, Hoyt Lakes, MN, which credit card companies for their own about 50 percent of the people who file had previously announced on May 24, poor practices. And this legislation has for chapter 7 do so because of major 2000, its intention to close the local only gotten worse in the sham con- medical bills that have put them mining operation. They were going to ference. under. Quite often, it becomes a double close at the end of the summer. Now Earlier, I used the word ‘‘injustice’’ whammy: Either you not only are they have said, in this release, that to describe this bill—and that is ex- faced with a major medical bill that they are going to cease permanently on actly right. It will be a bitter irony if puts your family under—we have not February 24, 2001. This is some holiday creditors are able to use a crisis—large- done anything to help our families af- gift from this company to—I don’t ly of their own making—to convince ford health care—or, which is the dou- know—1,300 or 1,400 miners. These min- Congress to decrease borrower’s access ble whammy, you cannot work because ers and their families wonder what is to bankruptcy relief. I hope my col- you are the one who is ill, in which going to happen to them. These are the leagues reject this scheme and reject case you lose your income, or it can be kinds of families who all too often find this bill. Mr. President, I will not repeat what a loved one who is faced with a serious themselves in these difficult economic I said yesterday at the beginning of illness or disabling injury and you are circumstances, even with this booming this debate. I will respond to some the one who takes care of them, in economy, and quite often have to file comments that were made on the floor which case, again, you can lose your for chapter 7. dealing with chapter 12. job and your income. Are we going to make the argument Some of my colleagues have talked So I do not really think we ought to that these families are without a sense about chapter 12 farmers’ bankruptcy be viewing families who file chapter 7 of responsibility? Are we going to relief, and they have made the argu- because of major medical bills as dis- make the argument that these families ment that opposition to this bank- honest or untrustworthy. are loafers and they feel no stigma? ruptcy bill has really held up chapter Now the largest single group of those What does this piece of legislation do 12, which is very important for protec- citizens who file for bankruptcy are to help keep people from having to un- tion of family farmers. I point out to women. They are one-third of all the dergo these wrenching experiences that colleagues that it is precisely the oppo- filers. They are the fastest growing force them into bankruptcy? Nothing. site case. group. Since 1981, the number of Zero. Tough luck. The only thing this A year ago when it first became clear women filing alone increased by more piece of legislation does is make it that this bankruptcy bill, for very good than 700 percent. harder for people to file bankruptcy, to reasons, was not going to move for- It is not so surprising that single par- file chapter 7, to rebuild their lives. ward, under the able leadership of Sen- ents—women with children—are among We do not do anything to help on ators and Representatives—Senators the largest or disproportionate number health care costs. We do not do any- such as Senator GRASSLEY—legislation of people who file for bankruptcy. Be- thing in terms of dealing with the un- was introduced and passed which ex- cause, in addition to medical costs, di- fair dumping of steel with a fair trade tended chapter 12 bankruptcy protec- vorce is a major factor in bankruptcy— policy. We do not do anything in terms tion for farmers. Within about 20 days, income drops—women again are espe- of passing an Elementary and Sec- it was signed by the White House and cially hard hit. Many of them have not ondary Education Act. We do not do passed. No problem. worked prior to divorce, and now they anything on affordable housing. We do This past summer, in June, the House have custody of the children and find not raise the minimum wage. We do passed an extension, but for some rea- themselves in very difficult financial not do anything to make these families son the majority leader took no action circumstances. more economically secure. But instead, over here. Then in October, the House Are single women with children dead- what we do is we make it difficult for passed a 1-year extension for chapter 12 beats? All too much of this bill as- people to rebuild their lives. for family farmers. Again, the majority sumes they are. The new This is sham reform. When you push leader took no action over here. nondischargeability of credit card debt the rhetoric aside, one thing becomes This can pass within 24 hours. What will hit hard those women who use the clear: The bankruptcy system is a crit- we have here is a bit of a game going cards to tide them over after divorce ical safety net for many middle-class, on where chapter 12 becomes held hos- until their income stabilizes. The safe working-class, low-income families. It tage to a bankruptcy bill with many harbor in the conference report, which is a difficult, demoralizing process, but harsh features which will be vetoed by proponents argue will shield low- and it is a critical safety net for families. the President and, in my view, either moderate-income debtors from the And we are tearing up that safety net. the veto will be sustained or we will means test, will not benefit many sin- I say to my colleagues, there may be not be here and it will be pocket vetoed gle mothers who need the help the many different standards that different and it will not become law and should most because it is based upon the com- Members have when they bring legisla- not become law. bined income of the debtor and the tion to the floor of the Senate. We

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.017 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11689 come from different backgrounds. We Senate passed before. Not only does the played this Congress like a violin. And come from different States. We have majority leader want to ram through what do you know, we are trying to different philosophies about the role of bankruptcy legislation on the State ram through this bankruptcy bill in Government in society. We have dif- Department authorization conference the 11th hour as the 106th Congress ferent priorities. But, for God’s sake, report, which he has literally hijacked comes to a close. there should be one principle that all of for this purpose, there is no question In reading the consumer credit indus- us can get behind, and that is that we that this is a significantly worse piece try’s propaganda, you would think the should do no harm to the most vulner- of legislation—I heard colleagues yes- story of bankruptcy in America is one able people and most vulnerable fami- terday say ‘‘better’’—than passed by of large numbers of irresponsible, high- lies in this country. the Senate. Does this piece of legisla- income borrowers and their conniving I believe strongly—and I have argued tion take on wealthy debtors who file attorneys using the law to take advan- yesterday and today—that that is ex- frivolous claims and shield their assets tage of naive and overly trusting lend- actly what we are doing. That is what in multimillion-dollar mansions? No. It ers. As it turns out, that picture of the is at stake here. This is a debate about guts the cap on the homestead exemp- debtors is almost completely inac- priorities. This is a debate about what tion which was adopted by the Senate. curate. The number of bankruptcies side you are on. This is a debate about It was taken out in conference. has fallen steadily over the past sev- with whom you stand. Will you stand I ask my colleagues who support this eral months. It turns out that the peo- with the big banks and credit card bill, how can you claim that this bill is ple about whom we are talking are vul- companies or will you stand with hard- designed to crack down on wealthy nerable citizens. The major reason is pressed families, with seniors, with sin- scoff laws without closing the massive major medical costs. I have made that gle women with children, with African homestead loophole that exists in five argument. Americans, with Hispanics, with people States? And in a bill that falls so As high-cost debt, credit cards, retail of color, with consumers? harshly on the backs of low- and mod- charge cards and financing plans for What the Congress is poised to do erate-income individuals, you have a consumer goods have skyrocketed in here with this bill is worse within the huge exemption for people who can go recent years, so have the number of context of this Congress because this is buy million-dollar plus mansions. How bankruptcy filings. As the consumer a Congress that has failed to address do you explain that back home? How credit industry has begun to aggres- skyrocketing drug costs for seniors; will you explain that you supported sively court the poor and the vulner- this is a Congress that has failed to letting wealthy debtors shield their as- able, bankruptcies have risen. Credit pass a Patients’ Bill of Rights; this is a sets from creditors at the same time card companies brazenly dangle lit- Congress that has failed to make sure you voted to end the practice under erally billions of credit card offers to that Americans have access to afford- current law of stopping eviction pro- high-debt families every year. There is able health care; this is a Congress ceedings against tenants who were be- no accountability for them. They en- that has failed to invest in education; hind on rent and who filed for bank- courage credit card holders to make this is a Congress that has failed to in- ruptcy? Poor tenants are evicted. low payments toward the card bal- vest in affordable child care; this is a Wealthy people can shield their assets ances, guaranteeing that a few $100 in Congress that has failed to raise the and go buy multimillion-dollar homes. clothing or food will take years to pay minimum wage. But instead, with this On the one hand, we gut tenants’ off. The lengths these companies go to bill we declare war on working fami- rights, while on the other hand we keep their consumers in debt is ridicu- lies. shield wealthy homeowners. That is lous. What is clear is that this piece of leg- what this piece of legislation is about. So in the interest of full disclosure, islation will be a death of a thousand Nor does this bill contain another something that the industry itself is cuts for all debtors regardless of amendment offered by Senator SCHU- not very good at, I would like my col- whether the means test applies. MER and adopted by the Senate that leagues to be aware of what the credit There are numerous provisions in the would prevent violators of the Fair Ac- card industry is practicing even as it bankruptcy reform bill designed to cess to Clinic Entrances Act, which preaches the sermon of responsible bor- raise the cost of bankruptcy, to delay protects women’s health clinics, from rowing. After all, debt involves a bor- its protection, to reduce the oppor- using the bankruptcy system to walk rower and a lender. Poor choice, irre- tunity for a fresh start. But rather away from their punishment. sponsible behavior by either party can than falling heaviest on the supposed Some folks are watching the progress make the transaction go sour. So how rash of wealthy abusers of the Code, of this bill and they are watching the responsible has the industry been? It they will fall hardest on low- and mid- way this bill has developed over the depends upon how you look at it. dle-income families who desperately last year with a considerable amount On the one hand, consumer lending is need this safety net of bankruptcy. of awe and envy. Can my colleagues terrifically profitable, with high-cost I commend to my colleagues, but I name one other bill on which the lead- credit card lending the most profitable will not take a lot of time on it, the ership has worked so hard and with of all, except for perhaps even higher May 15, 2000, issue of Time magazine such determination to move by any cost credit such as payday loans. So I whose cover story on so-called bank- and all means necessary? Certainly not guess by the standard of responsibility ruptcy reform legislation was entitled an increase in the minimum wage; that to the bottom line, this industry is ‘‘Soaked by Congress.’’ I hope they will is not a priority. Certainly not a mean- doing great. read it. ingful prescription drug benefit for sen- On the other hand, if you define re- I will quote from Brady Williamson, iors; that is not a priority. Certainly sponsibility as promoting fiscal health Chairman of the National Bankruptcy not reauthorization of the Elementary among families, educating on judicious Commission. Please remember, 116 law Secondary Education Act. On many use of credit, ensuring that borrowers professors in this country who teach issues, on most issues, there has been do not go beyond their means, then it bankruptcy law, who do their scholar- nothing done in this do-nothing Con- is hard to imagine how the financial ship in this area, have said this bill is gress. But on the so-called bankruptcy services industry could be bigger dead- harsh and one-sided, without balance, reform, the Senate and House leader- beats. and should not pass. ship can’t seem to get enough. One can From studies from the Office of the Brady Williamson, Chairman of the only wonder what we could have ac- Comptroller of Currency, some of the National Bankruptcy Review Commis- complished for working families if the settlements that have been reached sion, notes in the article from Time leadership had the same determination with Providian Financial Corporation, magazine: The bankruptcy bill would on these other issues. Unfortunately, Sears & Roebuck, American Capital condemn many working families to those other issues did not have the fi- Corporation, a subsidiary of GE, the ‘‘what essentially is a life term in debt- nancial services industry behind them. Department of Justice brought an anti- ors’ prison. You have to give them credit, no pun trust suit against Visa and Mastercard. I will talk a little bit about this piece intended. Over the past couple of years, We have example after example after of legislation in relation to what the the financial services industry has example of abuses by this industry but

VerDate 11-MAY-2000 01:39 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.058 pfrm02 PsN: S07PT1 S11690 CONGRESSIONAL RECORD — SENATE December 7, 2000 not one word in this piece of legislation America that it is immoral and uneth- ple have left with me due to their poor man- that calls for any accountability. ical for people with the ability and the agement and bankruptcy. In case my colleagues miss the bla- means to repay some of their debt to That may be a small business person tant hypocrisy of what is going on go into bankruptcy court and be dis- who, unlike a lot of corporations, can- here, the big banks and credit card charged of that debt. not pass on this $400 per family in addi- companies are pushing to rig the sys- It is particularly wrong when it hurts tional costs for goods and services be- tem so you cannot file for bankruptcy the very same low-income and middle- cause somebody else isn’t paying their unless you perform credit counseling, income people about whom the Senator bills. This person may be so small that at the same time that they are jeopard- from Minnesota talks. They have to they have to absorb those costs un- izing the health of the credit coun- pay $400 more per family per year for fairly and may be putting their own seling industry by pumping credit goods and services. They pay a higher business in jeopardy. cards, by themselves abusing the sys- fee or price because somebody else isn’t Another constituent from Cedar Rap- tem, and hardly making it easier for paying their bills. That is not going to ids: people, only making it more difficult. be absorbed by the business in most Bankruptcy reform will force the Amer- To make it simple for my colleagues, cases; it is going to be passed on to the ican people to become more responsible for this debate is fundamentally a ref- consumer. their actions. Bankruptcy does not seem to erendum on Congress’s priorities. You On the basis of ability to pay, par- carry any degree of shame. It is almost re- simply need to ask yourself again: ticularly for the necessities of life of garded as a right or entitlement. Whose side am I on? food and clothing and things of that If it has become a right or entitle- Are you on the side of working fami- nature, it is going to hurt the low-in- ment, the statistics of the last 6 or 7 lies who need a financially fresh start come people and middle-income people years show an increase of about 700,000 because they are overburdened with of America disproportionately because to 1.4 million. It is an example maybe debt? Fifty percent of bankruptcies are somebody else isn’t paying their bills. of some additional people in America because of major medical bills. Are you There is an understanding at the grass- seeing it as a way to manage their fi- for preserving this critical safety net roots of America that this just isn’t nances. It becomes a financial manage- for the middle class? Will you stand right. That is why this legislation has ment tool for some. with the civil rights community and such overwhelming support. Another constituent from Waverly, the religious community and the wom- I refer to this chart because it has IA: en’s community and consumer groups letters from my constituents. I bet the Many don’t think the business is who loses. and labor unions who fight for ordinary Senators from Minnesota and other We make it too easy now. Americans who oppose this bill or will States are getting letters from their A constituent from Washington, IA: you stand with the credit card compa- constituents saying the same thing. The present bankruptcy laws are a joke. nies and the big banks and the auto We have a letter from a constituent One local man has declared bankruptcy at lenders who desperately want this bill of mine in Des Moines who says: least four times at the expense of suppliers to him. He just laughs at it. to pad their profits? It is insane that such practice has been al- I hope there is a clear choice for Sen- lowed to continue causing higher prices to There is a person who quite obviously ators. consumers. Debtors should be required to figured out the ease of using bank- Mr. President, I reserve the remain- pay their debts. ruptcy as a financial planning tool. der of my time. A constituent from Keokuk, IA: A Cedar Falls constituent: The PRESIDING OFFICER. Who Bankruptcies are out of hand. It is time to It is way too easy to avoid responsibility. yields time? make people responsible for their actions. Do From Indiana, IA: Mr. GRASSLEY. Mr. President, I we need to say this? If one assumes debt, they need to pay it yield myself such time as I might con- In other words, it is unconscionable off. We have got to take responsibility for sume. to that constituent that we would have our purchases. First of all, in response to the Sen- a situation with 1.4 million bank- That reminds me of the President in ator from Minnesota, I was a little bit ruptcies in America, with the number his speeches during his second term, amused at the use of the words ‘‘bla- doubling in 5 or 6 years, at a time when and maybe even at the ending of his tant hypocrisy.’’ I don’t question his we have the best economic growth in first term. He always talked about the use of those words at all. But the fact our Nation. importance of individual responsibility is that this bill passed with 83 Senators Another constituent: and individuals have to be responsible. voting for it. It passed the Senate and We need to make more people responsible As we hopefully present this bill to went to conference. Three-fourths of for their savings while at the same time pro- the President of the United States the members of his caucus voted for tecting those who fall on hard times. I real- today, I want to remind President Clin- this legislation. If there is blatant hy- ize this is a delicate balance. But the way it ton of how often he talked about the pocrisy, it is very bipartisan hypocrisy. is now, there is very little change going this necessity of individual responsibility. Mr. WELLSTONE. Mr. President, route. If he believes that—and I believe he will the Senator yield for a question? This bill is a very delicate balance. does believe it—then signing this bill is Mr. GRASSLEY. I sure will, only for That is why it passed with 83 votes. It very important to fulfill his own state- the purpose of a question. also preserves what this constituent ment that government ought to pro- Mr. WELLSTONE. My understanding said in the letter. She understands that mote individual responsibility. is that the bill passed with the Schu- there are some people who go into debt A constituent from Harlan, IA: mer provision in it, and it also dealt through no fault of their own. And for Too many people use bankruptcy as a way with the homestead exemption. That is the 100-year history of the bankruptcy out. We need to make sure people are held a different bill from the one we are code of the United States, we have rec- accountable for all of their debts. considering right now. Am I not cor- ognized that certain people may be in From Fort Madison: rect? hard times through no fault of their Personal responsibility is a must in our Mr. GRASSLEY. The Senator is cor- own and they are entitled to a fresh country. Sickness or loss of a job is one rect, but his reference was in regard to start. This allows that fresh start. But, thing, but the majority of people just do not the credit card industry—not the Schu- at the same time for those who have pay and spend their money elsewhere know- mer amendment and not the provision the ability to repay, it sends a clear ing they can unload the debt with the help of on homestead. signal to not go into bankruptcy court the courts. The PRESIDING OFFICER. The Sen- because you are not going to get off That is a person who understands the ator from Iowa. scot-free anymore. basic principles of bankruptcy: No. 1, Mr. GRASSLEY. Mr. President, sec- Another constituent from Fon- sickness, loss of a job, something be- ond, the interest in this legislation and tanelle, IA, says: yond the control of an individual, there the reason this is such an important People need to be more responsible for ought to be, and there has been for 100 piece of legislation is that there is a lot their debts. As a small business owner, I years under a bankruptcy code, the of understanding at the grassroots of have had to withstand several large bills peo- right for a fresh start.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.060 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11691 The other side of that is whether next couple of hours he will not be suc- on the Iron Range are going to be with- there is an ability to repay. People cessful in what he has been so success- out a job. should pay what they can according to ful doing for the last year and a half, I know the way this bill works. It is the ability to pay the debt. It also rec- not wanting this bill to pass. He has an honest disagreement, but it is a ognizes there are some people, again, been a tough competitor and one I wrong disagreement. If one of these who use this as a financial planning enjoy competing against. But I think families 2 months from now has a tool. he is very much wrong as he ap- major illness—now they are going to One of my constituents I quote is proaches this bill. The evidence is the have trouble paying their mortgage— from Cedar Rapids: wide bipartisan support it has had not do you know what this bill does? This I think people taking bankruptcy should only in this body, but it passed origi- bill doesn’t figure their income in Feb- have to pay the money back. . . . They nally by a veto-proof margin in the ruary, after they have been laid off. should have learned to work for and pay for House of Representatives. This bill figures their average income what they get. I yield the floor. over the prior 6 months, during all the Maybe that statement is not quite as The PRESIDING OFFICER (Mr. times they were gainfully employed. sympathetic to those people who are in VOINOVICH). The Senator from Min- That is not going to work for these bankruptcy through no fault of their nesota. miners, that is not going to work for own. I don’t know for sure. But I am Mr. WELLSTONE. First of all, let me these hard-pressed working families, happy to tell that constituent the prin- say I like my colleague from Iowa so and you had better believe I am going ciple behind this bill, the principle be- much that I will let his comment about to be out here on the Senate floor rais- hind the bankruptcy code of the last the Clinton recession pass and not re- ing Cain in behalf of these Minneso- 100 years, that there is a social policy spond to that. tans. in this country that some people are in I also want to make it clear that my Finally, let me one more time, before debt through no fault of their own and use of the word ‘‘hypocrisy’’ of course my colleague from Vermont takes the they are entitled to a fresh start. She was not aimed at any Senator and cer- floor, remind all Senators, but espe- thought there should never be a bank- tainly not the Senator from Iowa, who cially Democrats: This is the majority ruptcy or nobody should be able to go I actually really love working with leader, I believe, who has made a to bankruptcy court. even though we don’t agree on all poli- mockery of the legislative process. We That is the balance of this legisla- cies. have taken a State Department em- tion. This is a balance that has been I have to say one more time that bassy bill and gutted it. There is not a recognized by the vast majority of this there is a lot of hypocrisy in a piece of word left; there is only a number. In- body with those 83 votes we had for legislation that on the one hand goes stead, you had a bankruptcy bill put original passage. There are things after this percentage and on the other in, completely unrelated—never mind about this legislation I don’t like. hand in conference committee knocks rule XXVIII—without the deliberation, There are some things that even the out an amendment, so that now we without the debate, without the ability Senator from Minnesota said should be have millionaires in a position to be offer an amendment. This is not the tightened up. I won’t go into what able to shield their money and go buy way we legislate. This is the Senate at those are, but I agree with him. multimillion-dollar homes in other its very worst. In legislation, particularly as this States. There may be a different majority 2 legislation is, with varying interests— If that is not hypocrisy, I don’t know years from now. We can do the same some not wanting any and some want- what is. If that doesn’t tell you about thing to the minority. Frankly, it ing a lot more—compromise is the how lopsided a piece of legislation this should not be done by anyone. I cer- name of the game. There hasn’t been a is, I don’t know what does. tainly hope Democrats will vote compromise of basic principle here. I also think it is more than just a lit- against this. The minority leader yes- There may be a compromise of degree, tle hypocritical to have a piece of leg- terday said he is going to vote against and I am not going to give up just be- islation that in the main targets the this bill because, he said, it does not cause this bill passes and it is not as most vulnerable citizens—I have made meet the standard of fairness. And it much in the direction he wants or I that point over and over again—with does not—not on substance and not on happen to agree with him on a couple study after study saying that the high- process, not on the basic standard of of points and perhaps I might move in est percentage would be 12 percent, what the Senate should be about. I that direction in the future. probably 3 percent of the people at hope Senators will vote against this But we have had 20 years without most ‘‘gaming’’ this. piece of legislation. bankruptcy reform. We have gone from People who file for chapter 7 do so be- I yield the floor. 300,000 bankruptcies filed per year in cause they are in difficult cir- The PRESIDING OFFICER. The Sen- the early 1980s to 1.4 per million now, cumstances. Major medical illness puts ator from Vermont. and we have had studies showing it will them under, a divorce, loss of job. Mr. LEAHY. Mr. President, par- go up another 15 percent. These are in But at the same time that we are liamentary inquiry: How much time is good times. What about bad times, if now going to make it virtually impos- available to the Senator from we have a recession in the future? sible for many families who find them- Vermont? There are indications of a Clinton re- selves in difficult economic cir- The PRESIDING OFFICER. The Sen- cession coming on now with the indices cumstances to rebuild their lives, we ator has 29 minutes. turning down and confidence in the don’t have one word to say by way of Mr. LEAHY. I thank the Chair. I like economy turning down and the manu- demanding some accountability for to see him back. I wish we were not facturing sector being in recession. these credit card companies that push still in session, but I suspect the Pre- Maybe we are starting in this adminis- this debt on to people, that send these siding Officer probably had things he tration with a recession. Then if we are cards to our kids, that do all the solici- might have planned to be doing during at 1.4 million when times are good, how tation, that charge exorbitant interest this time, as did my distinguished many hundred thousands more are we rates, that are reckless in their lending friend from Iowa. going to have when we do have bad policies. Not a word. Not a word. My distinguished friend from Iowa times? Could it be these are the people with and I have been here for numerous When we have bad economic times, more clout in the Congress? I fear that lame duck sessions. After 26 years here, high interest rates are not good for the is part of the problem. I have yet to see what good was ever economy. We had testimony from Sec- I say to my colleague from Iowa and accomplished in one of these lame duck retary Summers that bankruptcies will other Senators, it is simply not the sessions. I think the statement made drive up interest rates. case that most of the people who file by my distinguished friend from Min- I appreciate very much my friend for bankruptcy are gaming the system. nesota just now emphasizes the kind of from Minnesota and his strong position Let me give a case study which goes to mischief that sometimes happens in against this bill, even though I dis- why this bill is so profoundly wrong. lame duck sessions, when people want agree with it. Hopefully, in the very LTV is going to shut down. Miners up to leave, yet we have, as in this case, a

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.072 pfrm02 PsN: S07PT1 S11692 CONGRESSIONAL RECORD — SENATE December 7, 2000 bankruptcy bill that none of the Demo- I am the ranking Democrat currently This is unfortunate, since both crats had a chance, really, to do much on the Senate Judiciary Committee. I Democrats and the administration about. It gets put in—what was it, I was not a conferee of the conference re- have been trying to negotiate in good ask my friend from Minnesota, a bill port. Instead, the Republican leader- faith with the Republicans to achieve on embassies? ship created a sham conference to cre- fair and balanced bankruptcy legisla- Mr. WELLSTONE addressed the ate and file this flawed bankruptcy bill tion. Everyone in this Chamber knows Chair. to make sure the Democrats would not we have to have some bankruptcy re- Mr. LEAHY. I yield on my time. have any say over it. It might be a nice form legislation. But it cannot be one Mr. WELLSTONE. My colleague is exercise. It might look good in fund- sided to any one special interest, it has correct. That is right. Though there is raising letters. But when you have a to be balanced. not a word about that. There is nothing Democratic President, it is obvious we There was not even a meeting of the left except for the bill number. are spending hundreds of thousands of sham conference committee, as far as I Mr. LEAHY. This was not a case dollars of time, effort, and taxpayer can tell. And the House had passed— where there was a concern the embas- money up here to pass something that talk about a CYA; that means ‘‘care- sies were all going bankrupt? The em- is not going to be signed into law. It fully you’re allowed,’’—but, in an effort bassy in London or in Moscow or, heav- may help for the next fundraiser, but it to make sure nobody questions them en forbid, in Dublin, might be in bank- does not help bringing about the kind about this sham process that has ruptcy court in the Southern District of bankruptcy reform we actually need slipped through behind closed doors, of New York? That is not the case? the House passed a 398–1 vote to in- Mr. WELLSTONE. I say to my col- in this country. The Senate had requested a con- league from Vermont that argument struct conferees to insist on a public ference in August 1999 on legislation to has not been made. So far, that argu- meeting of the conference with open enhance security of U.S. missions and ment has not been made. debate. By God, we are for government Mr. LEAHY. I thank my friend from the security of personnel overseas and in the sunshine, 398-to-1. Are we not Minnesota. I appreciate his pointing to authorize appropriations for the virtuous people in the other body? And this out. I just want students who State Department, what the distin- the press releases went out. Of course, might look at this afterward and won- guished Senator from Minnesota was 2 hours later, the sham conference re- der what bankruptcy has to do with just talking about. That did not pro- port was filed, the one that was done embassies to go back and read what the ceed. behind closed doors, not done in the distinguished Senator from Minnesota On October 11, 2000, the House ap- open. But everybody could say: Why, I says, which is, of course, that it has ab- pointed conferees not from the com- voted to have that open, 398–1. solutely nothing to do with embassies. mittee with jurisdiction over any em- The bipartisan informal process that It is a parliamentary trick to get a bassy security issues, but from the produced many improvements to the piece of special interest legislation House Judiciary Committee. Then a Senate-passed bill with respect to its through. few hours later, out of nowhere, the bankruptcy provisions was for nought It is unfortunate this kind of trick leadership filed a conference report in the end. We worked in an informal had to be carried out because the Re- that strikes every aspect of the under- bipartisan conference and made these publican majority could have worked lying legislation on which the two improvements. We dropped the con- with the President, they could have Houses had gone to conference and put troversial nonrelevant amendments on worked with the Democrats, to pass in this wholly unrelated matter with the 3-year minimum wage increase, re- bankruptcy legislation that is more reference to a bankruptcy bill that had gressive tax cuts, mandatory minimum balanced and more fair. We did this 2 or not even passed. It had only been intro- sentences for certain drug offenses, and 3 years ago. I remember Senator duced that day. There was no debate, private school vouchers. GRASSLEY, Senator DURBIN, others, nothing. It is like: Whoops, open the We added a new provision to include worked together and we passed a piece closet door, let the special interests a $6,000 floor in the means test to pro- of bankruptcy legislation that was here out, slam it down, and please pass it. tect low-income debtors. in the Senate. It was strongly backed We Americans are great at telling We added a new provision to take by both Democrats and Republicans. I other countries how to run democ- into account up to 10 percent of the think we passed it by 97 or 98 votes. racies. We each tell them how to run debtor’s administrative expenses in the There was only one vote against it. It elections. I hope in the last couple of means test calculations. was overwhelmingly passed. It shows years those countries that get lectures We added a new provision to allow for what happens when Republicans and from us about how to run their democ- adjustments of up to 5 percent from the Democrats work together. racies have not been watching how IRS standards for reasonable food and Mr. President, I am disappointed that matters have slipped before the U.S. clothing expenses in the means test the majority refuses to work with the Senate. Matters of great consequence calculations to take into account the President and us to pass bankruptcy are slipped before the U.S. Senate with- regional difference in costs. legislation that is better balanced and out any votes, with the hope they will We struck the provision that exempt- more fair. Despite the President’s re- slip through in the dark of night. I ed creditors with small claims from peated attempts to offer reasonable hope those countries, when we tell sanctions against creditors who file compromises for the last six months, them how to run elections, are not abusive motions, and, thus, we made the majority is continuing to push this watching—I don’t know—Presidential all creditors subject to these sanctions unfair and unbalanced bill. It appears elections or anything like that in our for coercive behavior. that the same mistakes that killed a country. We expanded the eligibility for the chance for passage of the bipartisan I look at Canada. I come from the waiver of filing fees to debtors with in- balanced bankruptcy reform 2 years State of Vermont. I think of Canada as come less than 150 percent of the pov- ago, in the last Congress, are being re- that giant to the north. I look at Can- erty line. peated in this Congress. We should ada. The whole country votes with All of these things we did with Demo- work together to finish the work of the paper ballots. Two hours later, they crats and Republicans working to- 106th Congress. Instead, there seems to have them all hand counted with no gether, each side giving some things, be this effort to pass flawed legislation mistakes and the country accepts the each side adding things. We had a bet- that virtually guarantees a Presi- result. I hope we won’t lecture them as ter bill. We even added a new tem- dential veto. we often do. porary bankruptcy judgeship for the I had hoped we would have acted on But I hope we will not tell people this following courts: the District of Dela- the administration’s four letters on the is the way to pass legislation. I hope ware, the Southern District of Georgia, resolution of key issues needed for the we will not tell countries how to do it the Eastern District of North Carolina, President to sign a fair and balanced based on this bill. It is an autocratic, and the District of Puerto Rico. bill, that we could have at least met to behind-closed-doors, undemocratic Finally, we added privacy protections discuss them so we could have a bill process, and it makes a mockery of the for the financial information of debtors the President could sign. legislative process. to protect patient medical records in

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.074 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11693 bankruptcy health care businesses, to I am deeply disturbed that some in Con- I mention that also not just because destroy all debtors’ tax returns after 3 gress still object to a reasonable provision I am from Vermont, but when I years of the close of the case, to pro- that would end demonstrated abuse of the checked the Internet file, I found that vide Congress with the authority to bankruptcy system. We cannot tolerate abu- along with this man’s name, my name sive bankruptcy filings to avoid the legal add appropriate privacy safeguards to consequences of violence, vandalism, and was there. I was listed as one of the protect electronic bankruptcy data, harassment used to deny access to legal people who should be shot and killed. I and to add safeguards for the collection health services. An effective approach, such take that a little bit personally, espe- of bankruptcy data. as the one offered by Senator SCHUMER’s cially when the FBI are now looking That was a good bipartisan start with amendment, should be included in the final for a man from my State who is sus- Republicans and Democrats working legislation. pected of shooting and killing one of together. We could have a fair and bal- A few weeks later the President the people whose name was on that list anced final bankruptcy reform bill. It again wrote to congressional leaders to with mine. Dr. Slepian’s name has been was something people on all sides of reiterate his position saying: crossed out. Mine has been left on the the issue were applauding. They were I cannot support a bankruptcy bill that list of those who should be shot and saying: Finally, Republicans and fails to require accountability and responsi- killed. Democrats are working together. bility from those who use violence, van- Frankly, I find it a little bit difficult Do you know what happened? Some dalism, intimidation, and harassment to to think, when these people are sued in the Republican majority found this deny others access to legal health services. for this kind of thing, and judgments was going on and said: We can’t have . . . The final legislation must include an ef- are rendered against them, that they it; we can’t have that balance; it has to fective approach to this problem, such as the one contained in the amendment by Senator can just go into bankruptcy court and be one sided; it has to be our way or no say: See ya. way, and they stopped those meetings. SCHUMER, which passed the Senate by a vote of 80–17. So nobody will think that there is We actually resolved most of the any kind of conflict of interest, I am issues between the two bills. There This is a no-brainer. We already de- bated it and voted on it 80–17. We have not part of any suit against them. I am were two key issues outstanding. We not going to do that. But for those who could have brought it back for a vote. a hard time getting an 80–17 vote here to support the bean soup in the Senate have, they ought to at least get their One was discharge of penalties for vio- settlement or other judgment, win or lence against family planning clinics, cafeteria. Gene Sperling, national economic ad- lose, in the courts. But we should not medical clinics, and the other was a let anybody walk into our Federal problem with wealthy debtors who used viser to the President, in his letter of bankruptcy court—because of a huge overly broad homestead exemptions to September 22, made it clear that Presi- loophole that this Congress does not shield assets from creditors by putting dent Clinton would veto any bank- have the guts to close—and just walk money into multimillion-dollar houses, ruptcy reform legislation that did not end this abuse of bankruptcy law. He home scot-free. declaring bankruptcy, and thumbing It is hypocrisy at the worst, when we their nose at their creditors. said: voted 80–17 in this body to close the Everything I heard told me we could Our society should not tolerate those who loophole, and when all but one Member have reached bipartisan agreement on develop a strategy to first threaten and in- these matters, too. Now this backdoor timidate doctors, health care professionals, of the other body voted to have an open conference report does not adequately or their patients and then turn to the bank- conference on this, that both bodies ig- address either of these two abuses cur- ruptcy courts to avoid legal liability for nored that. That is hypocrisy. It is rently in the bankruptcy system. their actions. I reiterate that the President wrong. The Senate passed the Schumer will not sign any legislation that does not If anybody thinks they do not know contain effective means to ensure account- amendment to prevent the discharge of the reason why some people in this ability and responsibility of perpetrators of country look at the Congress and ask penalties for violence against family clinic violence. planning clinics. This was not a par- what is going on, there is one of your Mr. President, how much time is still tisan vote. It was 80–17. People said, no reasons right there. Maybe we ought to available to the Senator from matter how you feel about abortion, no look at some of the elections this year Vermont? matter how you feel about medical and say: Our people are saying they are The PRESIDING OFFICER. Just matters or family planning, we are not fed up with this. under 13 minutes. going to condone violence against le- In fact, this suspect is still at large, Mr. LEAHY. I thank the Chair. gitimate medical clinics. and with a reward of $1 million for his Does the conference report reflect We should not use the bankruptcy arrest. this? No. There is not a single provi- law to shield purveyors of violence. We You tell me—anybody in this body— sion to end abusive bankruptcy filings should close this loophole. you tell me—anybody who is listening used to avoid the legal consequences of Six defendants in the Nuremberg files to this debate—that somehow it is fair violence, vandalism, and harassment to web site case filed bankruptcy to avoid to let people such as that escape be- deny access to legal health services. As their debts under the law. This web site cause of a loophole that we do not have a result, we could have all kinds of depicted murder weapons with dripping the guts to close in our bankruptcy clinic violence. If you are sued for it, blood and advocated the killing of pro- law. just declare bankruptcy and get away choice physicians and public figures. Clearly, the perpetrators of violence with it. That is wrong. Indeed, as some of these people were and illegal intimidation should not be The administration made it crystal killed, their names were crossed out on able to abuse the bankruptcy laws to clear in four letters to congressional the web site. Why should somebody avoid responsibility for their actions. leaders that an end to this abuse of the who is sued for this kind of violence, Bankruptcy should not be used to current bankruptcy system was needed purveying this kind of violence, be al- avoid the legal consequence of clinic to gain the President’s signature. Four lowed to go to bankruptcy court and violence, harassment, and intimida- times they said they were not going to say, ‘‘See ya, I’m home free’’? tion. allow people to firebomb clinics, harass Dr. Barnett Slepian, who was mur- If we do not want to do something people, assault people, and if they are dered 2 years ago in Buffalo on October against violence, apparently we do not sued, to simply say: We will declare 23, 1998, was on this heinous Internet want to do anything in bankruptcy to bankruptcy. Four times. site. After he was murdered, his name offend those who have multimillion- The OMB Director Jack Lew wrote to was crossed out. dollar estates in the right States. Congressional leaders on May 12, 2000: If I can make a personal note, when In the Senate, we passed, by a vote of The abuses of the bankruptcy system must Dr. Slepian was murdered in upstate 76–22, an amendment to create a be stemmed, including abuse by those who New York because his name was on the $100,000 nationwide cap on any home- would use bankruptcy to avoid penalties for Nuremberg files web site, within days stead exemption. Again, we could say violence against family planning clinics. they determined the chief suspect was we are only concerned about the little The President wrote congressional a man from Vermont. In fact, there is people. We are concerned about people leaders on June 9: now an arrest warrant out for him. paying the debt. All people—we want

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.076 pfrm02 PsN: S07PT1 S11694 CONGRESSIONAL RECORD — SENATE December 7, 2000 everybody to pay their bills. Whether residence shortly before bankruptcy to trict of Vermont dropped 11 percent they are rich or poor, we want them to take advantage of large State exemp- compared to 1998 and fell an additional pay their bills. We are equal to every- tions to shield assets from their credi- 20 percent so far this year as compared body. tors. But the proposal does not address to last year that is approximately a Of course, that would have elimi- a more fundamental concern: unlim- one-third decrease over the last two nated one of the most flagrant abuses ited homestead exemptions that allow years. in bankruptcy laws—debtors moving to wealthy debtors in some States to con- Clearly, the justification that we expensive homes in a handful of States tinue to live in lavish homes. In light must pass this flawed measure now be- with unlimited exemptions, declaring of how other provisions designed to cause of a bankruptcy crisis rings hol- bankruptcy, and then keeping their stem abuse will affect moderate-in- low given the latest bankruptcy filing millions of dollars in the homes that come debtors, it is unfair to leave this facts across the nation. There is no they have in those States. loophole for the wealthy in place. need to rush a bad bill into law. Senator KOHL, along with Senator A few weeks ago, it appeared the ma- On June 9, 2000, President Clinton SESSIONS, put together an amendment jority was finally beginning to under- wrote to congressional leaders that: I that the Senate overwhelmingly adopt- stand and accept the President’s com- have long made clear my support for ed. I am beginning to see why every- monsense approach by agreeing to a legislation that would encourage re- body voted for it. Some must have got- federal cap on homestead exemptions. sponsibility and reduce abuses of the ten word that it would be gutted as On September 22, Gene Sperling, Na- bankruptcy system on the part of debt- soon as it got off the floor, gutted be- tional Economic Advisor to the Presi- ors and creditors alike. We also must hind closed doors, where nobody votes dent, wrote to Majority Leader LOTT: ensure that a reasonable fresh start is and nobody’s fingerprints are on them. The President appreciates your signifi- available for those who turn to bank- Even to talk about: OK, you want to cant movement on the homestead ruptcy as a last resort when facing di- raise it to $100,000? Raise it to $500,000. issue. We realize that the offer goes vorce, unemployment, illness, and un- Then all of a sudden we find it is gut- against strongly held views of some insured medical expenses. Bankruptcy ted. It is going to build a lot of homes members of your caucus, and we are reform legislation should strike the in Texas and Florida. It is an amazing grateful for the effort. While we had right balance. coincidence those two States are going proposed placing a cap of $250,000 on Unfortunately, this conference report to have the advantage of not having the size of state homestead exemp- fails to strike that right balance. The that provision. If you want to declare tions, we could accept a homestead cap President will and should veto it. bankruptcy, just put your millions of of $500,000, were we to reach agreement The administration has helped to dollars in a house in Texas or Florida, on other issues. make the economy a lot better. We can and under this you are safe. It does not take a rocket scientist to take a moment. Let us wait until next Again, the Administration made it understand that the President would year and pass a good bill. Let us take crystal clear in four letters to congres- veto a bankruptcy conference report care of those problems that are in sional leaders that the President would that did not adequately address the there, but let’s not allow the haters, not sign any bankruptcy reform bill discharge of penalties for violence the crime inciters, the murderers, and that did not end the abuse of unlimited against family planning clinics and the the firebombers to go free. For Pete’s homestead exemptions. In fact, the Re- problem of wealthy debtors who use sake, let’s not let somebody who has publican leadership reached an agree- overly broad homestead exemptions to amassed millions of dollars of assets, ment with Democrats and the Adminis- shield assets from their creditors. Four and even more millions of debt, to say: tration to include a nationwide $500,000 times the Administration wrote to con- I will go buy a house in Texas or Flor- cap on homestead exemptions in bank- gressional leaders about the need to ad- ida because then I can escape my credi- ruptcy, but then the majority changed dress these two areas of bankruptcy tors. its mind. Why? I do not understand abuse. Four times. Mr. President, how much time does why the majority then reverted to a But this conference report fails ade- the Senator from Vermont have re- flawed homestead provision in this con- quately to address either of these two maining? ference report. abuses of the current bankruptcy sys- The PRESIDING OFFICER. Four and As early as May 12, 2000, OMB Direc- tem. one-half minutes. tor Jack Lew made clear the Adminis- Unfortunately, the majority is re- Mr. President, I yield the floor and tration’s position. Director Lew wrote peating the same mistakes that killed reserve the remainder of my time. to Congressional leaders: It is fun- bankruptcy reform in the last Con- Mr. GRASSLEY addressed the Chair. damentally unfair to ask low- and mod- gress. Instead of keeping on the track The PRESIDING OFFICER. The Sen- erate-income debtors to devote future of bipartisan compromise that was ator from Iowa. income to repay the debts that they headed toward enacting a fair and bal- Mr. GRASSLEY. We are waiting for can, while leaving loopholes that allow anced bill, the majority veered off the Senator from Alabama to come and the wealthy to shield income and as- course on behalf of special interests. speak. Before he gets here, I will take sets from their creditors. High or un- The result is an unfair and unbalanced a moment, so I yield myself such time limited homestead exemptions allow bankruptcy conference report. as I might consume. people with expensive homes to avoid Fortunately, bankruptcy filings have The PRESIDING OFFICER. Without their responsibility to repay a signifi- been declining for the last couple of objection, it is so ordered. cant portion of their debts. years. In 1999, the per capita personal Mr. GRASSLEY. I am glad the Sen- On June 9, 2000, the President, him- bankruptcy rate dropped by more than ator from Vermont pointed out the self, wrote to congressional leaders 9 percent. In the 2000 fiscal year, the many compromises that were made to about the need to end abusive home- decline continued. According to the accommodate the President and to ac- stead exemptions in any final bank- Administrative Office of the U.S. commodate Democrats in the Senate. ruptcy reform bill. President Clinton Courts, bankruptcy filings for fiscal He did not say this, but there were also wrote: I am concerned, for example, year 2000 are down 6.8 percent for per- a lot of changes made to accommodate that the final bill may not adequately sonal filings, down 6.6 percent for busi- Republicans. But he pointed out that address the problem of wealthy debtors ness filings and down 9.2 percent for we have two issues on which we dis- who use overly broad homestead ex- chapter 7 filings. Over the last two agree. That is what the Senator from emptions to shield assets from their years, Chapter 7 filings have dropped 15 Vermont said. I do not think that Sen- creditors. percent and personal bankruptcy fil- ators should vote against this bill over Again, a few weeks later on June ings overall have declined by 12 per- two issues which are not central to the 29th, the President reiterated his posi- cent. concept of bankruptcy reform. tion by writing to congressional lead- In my home state of Vermont, the re- I was disappointed, however, in his ers: The proposed limitation on State cent decline in personal bankruptcy fil- comments on the process. He referred homestead exemptions will address, for ings is even more dramatic. In 1999 con- to a very unusual process. I confess the first time, those who move their sumer bankruptcy filings in the Dis- that it was a very unusual process by

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.078 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11695 which this bill was conferenced and got sidering the dischargeability of liability in- dedication to accomplishing the impor- to the Senate floor. But I think I heard curred in connection with violence at repro- tant reforms in this bill, and to the him say something about Democrats ductive health clinics by abortion protesters. many other Members of the Senate for not being consulted. There was a 3–3 Our search did not reveal any reported deci- their hard work and cooperation. sions where such liability was discharged I was deeply troubled by a comment ratio on this conference. Normally under the U.S. Bankruptcy Code. there would not be a 3–3 ratio; there The only reported decision identified by made on the floor yesterday by a col- would probably be one more Repub- the search is Buffalo Gyn Womenservices, league from the other side of the aisle lican than Democrat. But because of Inc. v. Behn (In re Behn), 242 B.R. 229 (Bankr. to the effect that this bill was written Senator Coverdell’s death, it ended up W.D.N.Y. 1999). In this case, the bankruptcy by Republicans and is being forced on this conference there were three Re- court held that a debtor’s previously in- upon Senate Democrats. Nothing could publicans and three Democrats. So the curred civil sanctions for violation of a tem- be further from the truth. I am com- porary restraining order (TRO) creating a point is, we would not be here today if pelled to set the record straight on buffer zone outside the premises of an abor- that point. The entire development of it were not for help from Democrats, tion service provider was nondischargeable even in conference. under 11 U.S.C. § 523(a)(6), which excepts this bill has taken place in a bipartisan I only say that because the Senator claims for ‘‘willful and malicious’’ injury. manner. In fact, throughout the entire from Vermont is a friend of mine. He is The court surveyed the extant and somewhat process of consideration of this bill, be- very strongly opposed to this legisla- discrepant standards for finding ‘‘willful and ginning as long ago as the drafting tion. But I thought I ought to point out malicious’’ conduct articulated by three fed- stage, numerous changes suggested by the fact that there are those small, in- eral circuit courts of appeals. It granted the the minority have been made. significant modifications of his com- plaintiff’s motion for summary judgment It is no secret that in the informal and denied the debtor/defendant’s motion to ments that I thought I ought to make. conference process, we worked together retry the matter before the bankruptcy with Senate Democrats. And with rare Whether he would consider those clari- court. Specifically, the court held: fications or not, that is his judgment. ‘‘[W]hen a court of the United States issues exception, the provisions that are con- But I want them on the record for my an injunction or other protective order tell- tained in the final conference product point of view. ing a specific individual what actions will were agreed to and were done with the I also address an issue raised by Sen- cross the line into injury to others, then full bipartisan cooperation and support ator LEAHY. Some have stated that the damages resulting from an intentional viola- of the Senate negotiators. Further- bankruptcy conference report should tion of that order (as is proven either in the more, in an effort to reach a bipartisan bankruptcy court or (so long as there was a agreement and address concerns of the be opposed on the grounds that it does full and fair opportunity to litigate the ques- not contain a provision that would pre- White House, we took issues that were tion of volition and violation) in the issuing important to many of us on the Repub- vent abortion protesters from using court) are ipso facto the result of a ‘willful bankruptcy as a way to get out of pay- and malicious injury.’ ’’—242 B.R. at 238. lican side off the table. For example, I agreed to remove ing debt arising as a result of violence The PRESIDING OFFICER (Mr. L. or intimidation at abortion clinics. from consideration a provision I had CHAFEE). The Senator from Utah. sought which would have prevented On this issue, I draw my Senator’s at- Mr. HATCH. Mr. President, this con- criminal check kiters and counter- tention—in other words, the attention sumer bankruptcy reform legislation is feiters from collecting attorney’s fees of the Senator from Vermont—to a one of the most important legislative in lawsuits that they bring against memo prepared by the nonpartisan efforts to reform the bankruptcy laws Congressional Research Service. debt collectors—I might add, multiple in decades. I thank my distinguished lawsuits that really don’t make sense. This memo—which I will provide to friend and colleague from Iowa for his any Senator who wants to see it, and I Many others in the majority also made hard work on this, of course, the dis- concessions and a good faith effort to will include it in the RECORD—con- tinguished Senator from New Jersey, cludes that not one single abortion pro- resolve differences and move forward and so many others, Senator BIDEN with the long overdue comprehensive tester has ever used bankruptcy in this from Delaware. There are many others way. I repeat, according to the Con- bankruptcy reform. as well. Here on the Senate floor, the asser- gressional Research Service, a truly This is important. Before talking tion was made that not a single organi- nonpartisan resource, no one has ever about the substance of the legislation, zation that advocates for kids sup- used bankruptcy to skip out on debts I personally thank the majority leader ported this bill. I simply cannot allow arising from violence or intimidation who has worked hard and tirelessly to that kind of misrepresentation to at an abortion clinic. keep this legislation on track despite This issue, of course, is a red herring. stand uncorrected. In fact, there is tre- the many obstacles that it has faced— mendous support for this legislation It has been put forth by people who flat I have to say phony obstacles at that. out oppose needed bankruptcy reform from child advocates. Thanks to the majority leaders’s Let me give some illustrations. A let- as a way of defeating this legislation. commitment to moving this legisla- ter from Laura Kadwell, President of There is absolutely no merit to their tion, we now find ourselves in a posi- the National Child Support Enforce- argument. tion to weed out many of the abuses in ment Association, representing over I hope people will see it for what it the bankruptcy system and also to en- is—an empty political ploy. I hope Sen- 60,000 child support professionals across hance consumer protection. America: ators will see through this political I also acknowledge and thank the ploy and support the bankruptcy con- I’m writing to urge you to support the ranking member of the Senate Judici- Bankruptcy Reform Act of 2000. NCSEA is ference report. ary Committee, Senator LEAHY, who committed to ensuring that both parents ful- I ask unanimous consent to print in has worked with me and Senator fill their responsibilities to provide emo- the RECORD the memo from the Con- GRASSLEY and others to reach agree- tional and financial support to their chil- gressional Research Office. ment on many of the bill’s provisions. dren—including honoring legally-owed child There being no objection, the memo Most of all, I commend the original support obligations. The pending legislation was ordered to be printed in the authors of the legislation, Senators will forward this goal significantly. RECORD, as follows: GRASSLEY and TORRICELLI, chairman In a letter from Howard Baldwin, CONGRESSIONAL RESEARCH SERVICE, and ranking minority member of the President of the Western Interstate LIBRARY OF CONGRESS, Subcommittee on Administrative Over- Child Support Enforcement Council, an Washington, DC, October 26, 2000. sight and the Courts, respectively, for organization comprised of child sup- MEMORANDUM their hard work in crafting this much port professionals from the private and To: Hon. Charles Grassley. needed legislation and for their unre- public sectors west of the Mississippi From: Robin Jeweler, Legislative Attorney, lenting commitment to making the de- River: American Law Division. velopment and passage of this bill a bi- I would like to express our membership’s Subject: Westlaw/LEXIS survey of bank- unqualified support. ruptcy cases under 11 U.S.C. § 523. partisan process. This confirms our phone conversation of As I have mentioned, my praise also The resolution of the California Fam- October 25, 2000. You requested a comprehen- goes to Senator SESSIONS and Senator ily Support Council, consisting of ap- sive online survey of reported decisions con- BIDEN, who have shown unwavering proximately 2,500 persons employed by

VerDate 06-DEC-2000 03:59 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.081 pfrm02 PsN: S07PT1 S11696 CONGRESSIONAL RECORD — SENATE December 7, 2000 county and State agencies which ad- rent law for women and children. This agreements to protect people from minister the Federal child support pro- chart shows that. It makes the pay- being pressured into onerous agree- gram in California: ment of child support arrears a condi- ments; Now therefore be it resolved that the Cali- tion of plan confirmation. It provides A debtors’ bill of rights to prevent fornia Family Support Council * * * directs better notice and more information for the bankruptcy mills from preying the president of the California Family Sup- easier child support collection. It pro- upon those who are uninformed of their port Council to convey to the California con- vides help in tracking down deadbeats. rights; gressional delegation and to the President It allows for claims against a deadbeat New consumer protections under the its enthusiastic endorsement of the Bank- Truth in Lending Act, such as required ruptcy Reform Bills. parent’s properties. It allows for the payment of child support with interest disclosure regarding minimum month- How about a letter from Betty D. by those with means. And it facilitates ly payments and introductory rates for Montgomery, attorney general of the wage withholding to collect child sup- credit carts; State of Ohio: port from deadbeat parents. It does all Penalties on creditors who refuse to As the chief law enforcement officer for of that. negotiate reasonable payment sched- [Ohio], I stand committed to protecting our I am also happy to say that the con- ules outside of bankruptcy; most vulnerable citizens [and this legisla- ference report prevents deadbeats from Penalties on creditors who fail to tion] will further promote the objectives of properly credit plan payments in bank- our state and national child support enforce- using the automatic stay in bank- ment program and further ensure that those ruptcy to avoid paying their support ruptcy; families in need are protected. obligations. The bankruptcy reform Credit counseling programs to help stops deadbeat parents from abusing avoid the cycle of indebtedness; A vote for this conference report will Protection of educational savings ac- mean a vote to stop letting deadbeat the automatic stay. The conference report prevents dead- counts; and parents use bankruptcy to avoid pay- Equal protection for retirement sav- ing child support. It will mean a vote beats from using bankruptcy’s auto- matic stay to avoiding child support ings in bankruptcy. to stop paying lawyers ahead of chil- You can’t look at this bill and what dren who rely on child support. I have with this legislation. The automatic stay cannot be used it means to people in this country worked with Senator TORRICELLI, the without realizing that this is a step National Association of Attorney Gen- to put a hold on the interception of a deadbeat parent’s tax refund to pay forward. erals, and the National Women’s Law A vote for this legislation is also a support. Center to improve current bankruptcy The automatic stay cannot be used vote for families by preventing wealthy law with respect to child support and to prevent the reporting of overdue people from continuing to abuse the alimony. Currently bankruptcy law is support owed by deadbeat parents to system at the expense of everyone else. Under the current system, people simply not adequate. Frankly, I was any consumer reporting agency. outraged to learn of the many ways The automatic stay cannot be used with high incomes can run up massive deadbeat parents were manipulating to prevent the withholding, suspension, debts and then use bankruptcy to get and abusing the current bankruptcy or restriction of driver’s licenses, pro- out of honoring them. All of us end up system in order to get out of paying fessional and occupational licenses, paying for the unscrupulous who abuse their domestic support obligations. I and recreational licenses when dead- the system. In fact, it has been esti- am proud of the improvements we are beats default on domestic support obli- mated that every American family making in this legislation over current gations. pays $550 a year in a hidden taxes as a law in terms of ensuring that parents And suspending the driver’s license of result of these abusers. This legislation meet their child support and other do- the deadbeat parent can be a very ef- helps eliminate this hidden tax by im- mestic support obligations in bank- fective way of getting them to pay the plementing a means test to make ruptcy. child support they owe. wealthy people who can repay their I have worked tirelessly, as others This is important stuff. It has taken debts honor them. have—those I have mentioned—provi- lot of time to get this done. We will Let me make one thing absolutely sion by provision, both last year and pass this bill. But if the administration clear. The poor are not affected by the this year, to make this conference re- doesn’t accept this bill and it winds up means test. In fact, the legislation pro- port one that dramatically improves vetoing it, it will be a tragedy. vides a safe harbor for those who fall the position of children and ex-spouses These are just a few of the many im- below the median income. So they are who are entitled to domestic support. provements the conference report not subjected to the means test at all. No one who actually looks at what the makes in this area as compared with Again, only those above the median in- conference report says can in good con- current law. come are affected, and the means test science say that this bill is not a tre- I have had a long history of advo- could not deny anyone bankruptcy re- mendous improvement for children and cating for children and families in Con- lief. It just requires those who have the families over current law. gress and throughout my legal career. I means to repay their debts, based on This bill for women and children support a conference report that puts their income, to do so. It is that sim- gives child support first priority sta- child support first in line ahead of the ple. tus, up from seventh in line, meaning lawyer’s fees and that doesn’t let debt- A vote for the conference report also they will be paid ahead of the lawyers, ors who owe child support turn their is a vote to stop allowing a few wealthy if you can imagine that. It is about backs on children when they file for individuals to abuse the homestead ex- time. It makes staying current on child bankruptcy. emption. The conference report tackles support a condition of discharge. It In another provision I authored, the the problem of the homestead exemp- makes debt discharge in bankruptcy conference report protects for the first tion. Although rare, that problem is of- conditional upon full payment of past time in bankruptcy education savings fensive to those of us who work hard to due child support and alimony. It accounts set up by parents and grand- make good on our debts. makes domestic support obligations parents for their children and grand- The conference report reaches a com- automatically nondischargeable with- children. promise which targets the major abuse out the cost of litigation. It prevents All things considered, it is pretty of bankruptcy by those who move to bankruptcy from holding up child cus- simple. A vote for this conference re- States with generous homestead ex- tody, visitation and domestic violence port is a vote for our Nation’s kids. emptions purely in order to file bank- cases. And it helps avoid administra- Just look at the bankruptcy con- ruptcy and keep an expensive home. tive roadblocks to get kids the support sumer provisions. A vote for this con- Although this reform provision does they need. ference report is a vote for consumers. not go as far as some of us would like, It is a very important set of changes, The legislation includes a whole host of without it we are back to business as without which we are going to be abus- new consumer protections that do not usual with no improvement to current ing children in the law. exist under current law, such as: law at all. That is not all. The conference report New disclosure by creditors and more A vote for this conference report is makes more improvements over cur- judicial oversight of reaffirmation of also a vote for families who work to

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.084 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11697 save for retirement. I mentioned ear- one of the best legal practitioners in The letter from the professors fur- lier that the conference report contains this whole body. I am very proud of the ther says: my provision to provide equal treat- work the Senator and so many others Credit card claims increasingly will be ex- ment for retirement savings plans in have done on this bill, without which it cepted from discharge and remain a legal ob- bankruptcy. For example, the retire- would have been much tougher for me ligation after bankruptcy. ment savings of teachers and church as chairman of the committee. This The fact is, the bill makes only cred- workers are clearly given the protec- bill has made a true difference in the it card debt incurred by fraud non- tion in bankruptcy as much as every- lives of the children of this country. dischargeable, just like taxes and child one else. They deserve nothing less. If we don’t have this bill put on the support are nondischargeable. Debtors A vote for the conference report is a law books of this country, families, who defraud creditors should not be vote for our country farmers and the children, farmers, consumers, and oth- able to discharge their debts in bank- men and women who work hard every ers are going to be drastically hurt. ruptcy and not pay them. They only day in the face of many challenges. Yes, no bill is absolutely perfect, but ought to be able to discharge the debts Without this reform package, family we have too many people at cross-pur- they lawfully incurred. That is the cur- farmers lose out on the special bank- poses. But we have worked every day rent law. That is the law today. You ruptcy protections they need in chap- this bill has been in existence with our cannot discharge fraudulent debts. In ter 12. colleagues on the other side. That is addition, of course, credit card debt is I urge my colleagues to think for a why we have a number of them who are at the end of the line if you have to pay moment about the children, the con- willing to support this bill, not only anything. It is a non-secured debt. It is sumers, families, and farmers who will willing but enthusiastically do so. the last priority to be paid in the list end up getting hurt if comprehensive We couldn’t have come this far with- of priorities. bankruptcy reform is not enacted this out the work of the distinguished Sen- This letter goes on to say: year. I urge my colleagues to support ator from Alabama. I have great re- Large retailers will have an easier time ob- spect for the Senator and I am grateful taining reaffirmations of debt that legally and cast a vote for them and to support could be discharged. this bankruptcy reform. he is on the floor today. I am grateful That is absolutely false. I was I also urge the President of the the Senator is one of the people who is charged by Senator GRASSLEY to meet United States to sign this bankruptcy helping to make the case for this bill. with Senator REID and the representa- reform into law. There are good people on both sides of Mr. SESSIONS. Mr. President, I the aisle, good people who understand tives from the White House to develop reaffirmation language that would thank Senator HATCH for his leadership these important matters, good people strengthen protections for people who on this bankruptcy bill and for shep- who know that children are a focal were asked to reaffirm debts. herding it through the Judiciary Com- point of much of this bill. I thank the Senator for his question. Frankly, reaffirmations are not all mittee. that bad. Many times, people have I remember distinctly when we first The PRESIDING OFFICER. Who every reason to want to reaffirm their began to discuss the problems of chil- yields time to the Senator from Ala- debts and keep their washing machine, dren, alimony and child support, the bama? Mr. HATCH. I yield such time as he their TV, their furniture, their auto- leadership and the firm position Sen- shall need. mobile they use to get to and from ator HATCH took to guarantee that The PRESIDING OFFICER. The Sen- work. They want to keep it. They reaf- children and alimony payments would ator from Alabama. firm their debt and they do not lose it. have an enhanced position in bank- Mr. SESSIONS. Mr. President, we So we worked out language to which ruptcy, much higher than it had ever have had quoted on the floor a letter the White House agreed. It strengthens been before. That was the goal of Sen- from a group of professors that ex- the protections provided to those debt- ator HATCH, who has worked on this pressed opposition to this bankruptcy ors. It was language agreed-upon in a bill and previous bankruptcy bills and bill. I think we owe it to those who bipartisan way. studied this. quoted from it to treat the letter seri- The letter further says: I am looking at a letter from some ously and analyze item by item the Giving first priority to domestic support professors who don’t seem to get it. complaints they have made and discuss obligations— But the Senator has studied and spon- it on the floor. I must say that after Which is in the bill, giving them first sored the amendment that made some examining the letter carefully, I must priority of payment— of the historic changes. take issue with the professors’ conclu- does not address the problem, and that 95 Is there any doubt in your mind, Sen- sions. I intend to try to go over the percent of bankruptcy cases make no dis- ator, that the children will benefit points that they raise fairly and hon- tributions to any creditors because there are from those child support payments, estly, and to state the situation as I no assets to distribute. and women will have more protections see it. In fact, I think it is quite plain. First, the money is going to the for alimony payments under this bill The professors are wrong and they are bankruptcy court and to lawyers. In that we are about to pass than if the making misleading statements about our rule, children would be above the bill does not pass? it. courts and the lawyers. ‘‘Granting Mr. HATCH. I thank the Senator for For example, the letter from the pro- women and children a first priority his very intelligent question. There is fessors says: permits them to stand first in line to no question that this bill will make Women and children will have to compete collect nothing,’’ the professors say. dramatic changes in bankruptcy laws with powerful creditors to collect their But the fact is, the means test will to the benefit of children, parents, fam- claims after bankruptcy. place above-median-income-deadbeat- ilies, farmers—just name them—in The fact is, the bill makes currently dads into Chapter 13 if they can repay large measure because of the work of exempt assets—that is, homestead, some of their debt—median income for the distinguished Senators, Mr. GRASS- household effects, tools of the trade— a family of four, by the way, is about LEY, Mr. TORRICELLI, and others, in- those kinds of things that normally $45,000. So, to reiterate, deadbeat dads cluding our ranking member Senator today cannot be made to be sold to pay who are above median income, will be LEAHY, and especially the distin- alimony or child support—non-exempt. forced into chapter 13 (instead of being guished Senator from Alabama. Thus, wives and mothers will not have able to file Chapter 7) if they can afford The distinguished Senator from Ala- to compete with anyone before, during, to pay back some of the debts they bama has been here just long enough to or after bankruptcy for these key as- owe—maybe it is 20 percent, maybe it show how effective he is and what a sets. In fact, a mother, for child sup- is 30 percent—but they will be put into perfect job he has done on the Judici- port, can take the home—the home- chapter 13 to pay that. And for 5 years ary Committee. I personally com- stead notwithstanding—of a deadbeat the judge can order them to pay on pliment the Senator. He has played a dad and take other assets that he has those debts what percentage he or she significant and noble role in this bill, that otherwise under current law believes the debtor is financially able as have others, but, in particular, I would be exempt. It is a major step for- to pay and maintain a decent standard consider him one of the best lawyers, ward for the rights of children. of living.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.086 pfrm02 PsN: S07PT1 S11698 CONGRESSIONAL RECORD — SENATE December 7, 2000 But what is first? What is first paid There has been a report since early trying to complete this bill. I believe by that deadbeat dad? His alimony and today about the White House, or per- we have a good piece of legislation, and child support. He would be under court- sonnel at the White House, calling I hope the vote will be overwhelming monitored supervision and direction to Democrats who have always supported again today. pay the first fruits of his income di- this bill to vote against it. I am not Mr. HATCH. As chairman of the Sen- rectly in the form of child support and sure I know exactly why the White ate Judiciary Committee, I have a alimony. In effect, you have a bank- House is calling and saying that, but I question for the chairman of the Sub- ruptcy judge helping ensure, for 5 presume it is because they would like committee and principal author of H.R. years, the full payment of child sup- to have fewer folks than the two-thirds 2415. Because we were forced to proceed port and alimony. I believe that is we had on the cloture to override a in an unconventional procedural man- going to be a historic step forward. In veto, if the President would veto this ner with respect to this legislation, can fact, this will place children and bill. I don’t know that the President you provide any guidance for courts women in a higher level than they have would veto it. I know there are a lot of and practitioners on this legislation? ever been before. people at the White House who would Mr. GRASSLEY. Certainly. The fol- The letter further says: like to have him veto it. lowing is what H.R. 2415 does: Under current law, child support and ali- I say to those Democrats who have H.R. 2415 mony share a protected post-bankruptcy po- voted and supported this legislation so BACKGROUND AND NEED FOR THE LEGISLATION sition with only two other recurrent collec- much over the last 3 years, particu- The bankruptcy system is currently in a tors of debt—taxes and student loans. The state of crisis. In recent years, America has bill would allow credit card debt and other larly on that 83–14 vote by which it passed, I hope they will not respond to witnessed a dramatic explosion in the num- consumer credit to share that position, thus ber of bankruptcy filings. According to sta- elbowing aside women trying to collect on that kind of pressure from the White tistics from the Administrative Office of the their own behalf. House. I hope they know CHUCK GRASS- United States Courts, bankruptcies have ex- That is not true. I can understand LEY well enough to know that if I had ploded from 331,000 in 1980 to just under 1.4 why some of our Senators are con- voted for a bill in the Reagan adminis- million in 1999. It is a matter of serious con- cerned about the bill after they read tration or the Bush administration, cern to Congress that the explosion in bank- this letter. It has a bunch of professors’ three or four times, and a President ruptcy comes at a time of unprecedented Reagan or his staff, or a President prosperity, with low unemployment and high names on it. They think it is true—but wages. Unemployment is at an all-time low. it is not true. The fact is, the bill al- Bush or his staff, called me up and Consumer confidence has been high and the lows only consumer debt that was in- asked me to change my mind just to Dow Jones Industrial Average at one point curred by fraud to be nondischargeable, protect the President, if I would do it— rose above the 10,000 mark. Thus, the high which is fundamentally the law today. I would not do it. I hope they would not rate of bankruptcy filings cannot reasonably Even so, only alimony and child sup- do it. be attributed to a slow economy. port claimants will be able to levee on I return the floor to the Senator from This state of crisis has a significant nega- any of these assets. No one else can Alabama. tive impact on the American economy. Ac- cording to the Department of Justice, credi- levee or get ahead of a parent or a child Mr. SESSIONS. I thank the chair- tors lose 3.22 billion dollars annually as a re- to claim these exempt assets. Thus, man. sult of Chapter 7 bankruptcies filed by indi- mothers will not have to compete with Mr. President, what is the time situ- viduals who could repay their debts. Obvi- the IRS, the student loan companies, ation? Are we still set for a vote? ously, the existence of multi-billion dollar credit card companies, or anyone else, The PRESIDING OFFICER. We are losses attributable to high levels of bank- to attach exempt assets after bank- set for a vote at 3:45. The Senator has ruptcy filings is a clarion call for Congress 1 to reform our bankruptcies laws to require ruptcy. 1 ⁄2 minutes remaining. Further, I believe the bill will pro- Mr. SESSIONS. Mr. President, I have bankrupts who could repay some portion of their debts to do so. vide more assets for distribution to at least six or seven more items that I Given the strong performance of the econ- women and children than before, dur- could refer to from the professors’ let- omy, many feel that the recent explosion in ing, and after bankruptcy. Before ter that I believe are based on com- personal bankruptcy filings is at least partly bankruptcy, debtors will receive credit plaints about an early version of the attributable to the decreased moral stigma counseling information which will help bill, matters that are not even in the associated with declaring bankruptcy. See keep fathers on a budget, teach them bill today, and other items that are Testimony of Professor Todd Zywicki, Joint completely distorted in how it affects Hearing of the Subcommittee on Adminis- how to maintain a budget, and out of trative Oversight and the Courts and the bankruptcy and paying their alimony the poor people in America today. Subcommittee on Commercial and Adminis- and child support in the first place. Let me simply say this: We need trative Law, March 11, 1999; Testimony of During bankruptcy, deadbeat dads will bankruptcy reform. We have shown a Tahira Hira, Subcommittee on Administra- be required to pay all past due alimony doubling of bankruptcy filings in the tive Oversight and the Courts Hearing, ‘‘S. and child support and to undergo court last decade. 1301, The Consumer Bankruptcy Reform Act: supervision for up to 5 years under It is time for us to move this bill for- Seeking Fair and Practical Solutions to the chapter 13, as they pay their No. 1 pri- ward to create a body of law that is Consumer Bankruptcy Crisis’’ (March 11, 1998); Testimony of Kenneth R. Crone, Sub- ority, child support claims. less subject to abuse than current law, to close many of the loopholes or at committee on Administrative Oversight and After bankruptcy it is much more the Courts Hearing, ‘‘The Increase in Per- likely that a father who has undergone least partially close them. sonal Bankruptcy and the Crisis in Con- credit counseling, who has been sub- The fact we have not been able to do sumer Credit,’’ (April 11, 1997); Lee Flint, jected to 5 years of court supervision of everything is not a basis to object, in ‘‘Bankruptcy Policy: Toward a Moral Jus- his finances, and where alimony and my view. The perfect is the enemy of tification for Financial Rehabilitation of child support were the first things he the good. This is a good bill. I would Consumer Debt,’’ 48 Wash. & Lee L. Rev. 515 was required to pay and where he like to see all the homestead exemp- (1991); David Gross and Nicholas Souleses, knows that he cannot shield his ex- tions removed, at least as we agreed ‘‘Explaining the Increase in Bankruptcy and Delinquency: Stigma Versus Risk-Competi- earlier. Senator GRASSLEY supported empt assets from alimony and child tion’’ (Preliminary, 1998); F.H. Buckley and support, will be up to date on all his that. The House would not agree. We Margaret F. Brinig, ‘‘The Bankruptcy Puz- payments if he has gone through that got half the problems of homestead zle,’’ 27 J. Legal Stud. (1998). process—much more so than today. eliminated in this bill. In the view of many in Congress, a de- I see Chairman GRASSLEY is here. I If we do not pass the bill, we will creased moral stigma associated with bank- had a number of matters, but I know he have the current law which has a host ruptcy means that filing for bankruptcy is would like to wrap up at this time. of problems and none of them fixed. no longer viewed as a last resort reserved for Mr. GRASSLEY. No, I do not want to That is where we are. We have a good financially troubled Americans who have no other option but to seek debt forgiveness. As wrap up. I would like to have permis- piece of legislation. Chairman GRASS- Americans become accustomed to high levels sion to interrupt the Senator, and for LEY has done a magnificent job of lis- of consumer bankruptcy, it is only natural him not to lose the right to the floor. tening to everybody and working out that declaring bankruptcy has lost much of I would like to say something for 30 an agreement that is acceptable. Chair- the shame previously associated with it. In- seconds on the bill, if I could. man HATCH has likewise been tough in dividuals who would have struggled to meet

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.089 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11699 their financial obligations in the past are fil- mitted the reduction in an attempt to avoid Earner’s Plan, which allowed an individual ing bankruptcy today in record numbers. See payment of creditors or other inappropriate to retain nonexempt assets by proposing a Judge Edith H. Jones and Todd J. Zywicki, intent is not necessary, and a significant plan to pay his or her existing debts from fu- ‘‘It’s Time for Means Testing,’’ 1999 B.Y.U. L. burden is on the debtor to justify the adjust- ture income, after which the wage earner Rev. 177. For example, recent studies suggest ment. would receive a discharge of any unpaid bal- that almost half of filers learned about their On the other hand, if the debtor was a well ances of his debts. See generally, Dvoret, option to file for bankruptcy from friends or paid medical doctor who prior to bankruptcy ‘‘Federal Legislation, Bankruptcy Under the family. See, e.g., Vern McKinley, ‘‘Bal- changed from a demanding private practice Chandler Act: Background,’’ 27 Geo. L.J. 194 looning Bankruptcies: Issuing Blame for the requiring 80 hours a week to a significantly (1938). Explosive Growth,’’ Regulation, Fall 1997, at less well-paid research staff position with The debate over Chapter XIII occurred 38. At the same time, there have been strong regular nine to five hours in order to have years earlier in joint hearings before the expressions of concern from the Federal more time to assist in the care of a seriously House and Senate Judiciary Committees in Trade Commission that attorney advertising disabled child, there would clearly be ‘‘spe- 1932, during the Seventy-Second Congress. is leading consumers to file bankruptcy cial circumstances’’ which justified the ad- By the time it was enacted in 1938, Chapter without being fully informed. justment, the income reduction would be XIII codified informal practices which had It is the strong view of the Congress that reasonable and necessary, and the special re- developed without explicit statutory author- the Bankruptcy Code’s generous, no-ques- lationship of parent and child would clearly ization. In the mid 1930’s in Birmingham, tions-asked policy of providing complete lead to the conclusion that there was no rea- Alabama a former special referee in bank- debt forgiveness under Chapter 7 without se- sonable alternative to the adjustment. ruptcy, Valentine Nesbitt, first developed a rious consideration of a bankrupt’s ability to GENERAL OVERVIEW OF THE CURRENT ‘‘repayment option’’ which was the model for Chapter XIII. See Weinstein, The Bank- repay is deeply flawed and encourages a lack CONSUMER BANKRUPTCY SYSTEM of personal responsibility. ruptcy Law of 1938 (1938). Both H.R. 833 and its Senate counterpart S. Under current law, individuals considering In 1932, Congress conducted hearings on S. 625 proposed amendments to section 707(b) of bankruptcy often proceed under Chapter 7, 3866. Section 75 of this bill would have estab- the Bankruptcy Code to require bankruptcy where the bankrupt will surrender all assets lished a repayment plan for wage earners. judges to dismiss a Chapter 7 case, or con- which do not qualify for an exemption to a Section 75 provided a method for an indebted vert a Chapter 7 case to another chapter if a bankruptcy trustee. The bankruptcy trustee wage earner to come into court without bankrupt has a demonstrable capacity to then sells the bankrupt’s property and dis- being labeled ‘‘a bankrupt,’’ and get the ben- repay his or her debts. HR 2415 maintains the tributes the proceeds to the creditors. Any efit of a court injunction to fend off creditors section 707(b) structure. In general, the deficiency which remains after the sale of while the wage earner arranged to repay his agreement embodied in HR 2415 used S. 625 as these assets is simply erased (or ‘‘dis- pre-bankruptcy debts in installments. Sec- the base for the means test. Like S. 625, a charged’’), and the bankrupt cannot be re- tion 75, with certain modifications, eventu- presumption arises that a Chapter 7 bank- quired to repay debts which have been erased ally became Chapter XIII, enacted in 1938 as rupt should be dismissed from bankruptcy or during bankruptcy. Chapter 7, often referred part of the Chandler Act. converted to another chapter if, after taking to as ‘‘straight bankruptcy,’’ is the oldest Since the 1938 amendments, there have into account secured debts and priority debts and most commonly used type of bankruptcy been several proposals to limit bankruptcy as well as living expenses, the bankrupt can proceeding. relief to those who lack genuine repayment repay over 5 years the lesser of 25 percent or Individuals may also declare bankruptcy capacity. In the 1960s, Congress considered more of his or her general nonpriority unse- under Chapter 13 of the Bankruptcy Code. several such proposals. See H.R. 12784, 88th cured debts (but at least $6,000), or $10,000. Chapter 13 provides for the development of a Cong., 2d Sess. (1964); H.R. 292, 89th Cong., 1st This test requires those with greater debts repayment plan that allows a debtor to Sess. (1965); S. 613, 89th Cong., 1st Sess. (1965); to pay proportionately more than those with repay some portion of his or her debts. At H.R. 1057 & H.R. 5771, 90th Cong., 1st Sess. smaller debts. For example, the cases of the end of the repayment period, the unpaid (1967). Under these proposals, an individual debtors whose unsecured, nonpriority debts portion of debt is erased, and a debtor cannot debtor seeking relief under the liquidation are over $100,000 will be dismissed under the be required to repay the unpaid portion of provisions of the bankruptcy laws would be means test (absent ‘‘special circumstances’’ the discharged debt. Unlike Chapter 7, the denied relief if the court concluded that he discussed later) if their projected ability to purpose of Chapter 13 is to rehabilitate fi- or she could pay substantial amounts of debt pay over 5 years is over $10,000, even though nancially-troubled consumers by using fu- out of future earnings under a Chapter XIII that is considerably less than 25% of their ture earnings to repay debts in exchange for plan. debt. Conversely, the cases of debtors whose a discharge of the unpaid portions of those Importantly, one of these proposals, S. 613, debts in that category are less than $36,000 debts. Two other chapters are also available was introduced by Senator Albert Gore, Sr., will only be dismissed under the means test to individual debtors, but are only rarely the father of the current Vice President. if their projected ability to repay over 5 used by consumers. Chapter 11, usually used When he introduced S. 613, Senator Gore in- years is over $6,000, permitting debtors in by those with significant assets, permits a dicated that Chapter 7 resembled a special this category to remain in chapter 7 even debtor to negotiate a plan of reorganization interest tax loophole, which the wealthy though they have the ability to repay a per- of the debtor’s financial affairs with credi- could use to avoid paying their fair share. centage of their unsecured, nonpriority debts tors, and in some instances force that plan Senator Gore, Sr. also commented on the considerably greater than 25%. The debtor or unwilling creditors. A discharge is avail- moral consequences of a lax bankruptcy sys- can rebut this presumption only by dem- able when the plan is confirmed. Chapter 12 tem: ‘‘I realize that we cannot legislate morals, onstrating ‘‘special circumstances’’ that is available for family farmers. but we, as responsible legislators, must bear would clearly demonstrate that the bank- EARLIER REFORM EFFORTS TO REDUCE the responsibility of writing laws which dis- rupt in fact does not have a meaningful abil- CONSUMER BANKRUPTCY ABUSE courage immorality and encourage morality; ity to repay his or her debts. It is not in- The idea of requiring bankrupts to repay which encourage honesty and discourage tended that the ‘‘special circumstances’’ cat- their debts when they have the ability to do deadbeating; which make the path of the so- egory will be interpreted broadly to allow so is not new. This topic has been the subject cial malingerer and shirker sufficiently un- bankrupts to avoid repayment of financial of many proposed amendments, from the pleasant to persuade him at least to inves- obligations for reasons unrelated to finances, early 1930s to the current Congress. S. 625 is tigate the way of the honest man.’’—Cong. income or expenses. Therefore, the presump- merely an extension of this longstanding ef- Rec. 905, January 19, 1965. tion of abuse may only be rebutted, first on fort to ensure that bankruptcy is reserved Given the current bankruptcy crisis, Sen- a demonstration that the increases in spend- for those truly in need of debt forgiveness. ator Gore’s words from over 30 years ago ing or decreases in income arise directly See Oversight Hearing on Personal Bank- seem prescient. from ‘‘special circumstances’’ and are justi- ruptcy, Committee on the Judiciary, Sub- Following the 1978 amendments, in the fied by those circumstances, second, that committee on Monopolies and Commercial early 1980s, Senator Dole introduced S. 2000 they are reasonable and necessary, and, Law, 97th Cong. 2nd Sess., (1982). during in the 97th Congress. In the House of third, that there is no reasonable alternative The general structure of the present fed- Representatives, Congressman Evans intro- to the expense or income adjustment. For ex- eral Bankruptcy Code is the result of the duced H.R. 4786, which eventually garnered ample, if a loss of income occurred because a Bankruptcy Reform Act of 1978, Pub. L. 95– 269 co-sponsors. Congress did not pass either debtor voluntarily elected to waive a bequest 598. The 1978 Act was the first major over- proposal in the 97th Congress, so these meas- or otherwise reduce income, there would be a haul and attempt to update comprehensively ure were reintroduced in the 98th Congress reasonable alternative to the reduction be- the bankruptcy law since passage of the as H.R. 1169 and S. 445. As a result of these cause the debtor could have not elected, even Chandler Act in 1938. 52 Stat. 840 (1938). Prior efforts, Congress created Section 707(b) of though there may have been good reasons to to the Chandler Act, individuals in serious fi- the Bankruptcy Code in 1984 to allow judges do so. Moreover, the kind of ‘‘special cir- nancial trouble usually had no choice but to to dismiss Chapter 7 cases if granting relief cumstances’’ Congress intended would not be file for ‘‘straight bankruptcy’’ under Chapter would constitute a ‘‘substantial abuse’’ of present to justify the adjustment, nor would VII, a proceeding similar to present Chapter the Bankruptcy Code. Pub. Law 105–165. The it be reasonable and necessary. Therefore, 7 under the Bankruptcy Code. However, the focus of the effort was to require bankrupts the additional adjustment to income would Chandler Act provided small debtors a new, who had the ability to pay a significant per- not be allowed. Proof that the debtor per- alternative procedure, the Chapter XIII Wage centage of their debts ‘‘without difficulty’’

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.050 pfrm02 PsN: S07PT1 S11700 CONGRESSIONAL RECORD — SENATE December 7, 2000 to proceed under Chapter 13 instead of Chap- tion 102 provides that the debtor’s monthly come and the presumption of abuse applies. ter 7. However, the term ‘‘substantial abuse’’ expenses shall be applicable monthly ex- If the Office of United States Trustee or was not defined and creditors and trustees penses under standards issued by the Inter- bankruptcy administrator determines after were expressly forbidden from presenting nal Revenue Service (‘‘IRS’’) for the area in investigation that such a motion is not war- evidence to a judge that granting relief in a which the debtor resides. The IRS standards ranted because the presumption of abuse can particular case would result in a ‘‘substan- applicable under section 102 are the IRS ‘‘Na- be rebutted, then it must file an explanatory tial abuse.’’ tional Standards,’’ ‘‘Local Standards,’’ and statement with the bankruptcy court detail- Despite Congress’ intent that section 707(b) certain categories of ‘‘Other Necessary Ex- ing why a motion to dismiss or convert is would control inappropriate use of chapter 7 penses’’ which are specifically listed in the not appropriate. If private trustees or credi- by those with ability to pay, that section has Standards. These Internal Revenue Service tors disagree, they can commence a motion not been effective. Although many factors standards are currently used to determine under 707(b). are at work, much of the reason for this inef- appropriate living expenses for taxpayers Importantly, creditors are now explicitly fectiveness has been the ingrained point of who are required to repay delinquent taxes. given the power to bring 707(b) motions be- view that ‘‘honest’’ debtors have a ‘‘right’’ to These standards have been developed by the fore the bankruptcy court, although credi- a chapter 7 discharge even when they have Treasury Department to assist the Depart- tors’ and private trustees’ motions are re- ability to pay. To illustrate, the Fourth Cir- ment in the collection of taxes and, of stricted to cases in which the debtor’s cur- cuit has taken a ‘‘totality of the cir- course, can be revised from time to time, as rent monthly income exceeds the applicable cumstances’’ approach to determining needed. These expense categories allow ex- state median income. Moreover, HR 2415 whether there is substantial abuse. In re penses for housing, food, transportation, and, gives Chapter 7 trustees important new fi- Green, 934 F.2d 568 (4th Cir. 1991)(a ‘‘totality for purposes of the means test, certain speci- nancial incentives for ferreting out bank- of circumstances’’ test is appropriate when fied ‘‘other necessary expenses.’’ rupts who have repayment capacity and pro- deciding section 707(b) cases in which ability In order to provide flexibility in appro- vides for appropriate penalties for bank- to repay can be outweighed by other factors, priate cases of hardship, Section 102 also pro- ruptcy attorneys who recklessly steer indi- like the debtor’s good faith or honesty). vides that in some cases where the presump- viduals with repayment capacity to Chapter Some bankruptcy judges have taken the to- tion applies the debtor may be able to dem- 7 bankruptcy, or file schedules which mis- tality of the circumstances approach sug- onstrate ‘‘special circumstances’’ that ‘‘jus- state income, expenses or assets. HR 2415 gested by In re Green as a justification for ei- tify’’ additional expenses or an adjustment also contains penalties for creditors who file ther ignoring ability to pay completely, or to the debtor’s income for which there is no inappropriate motions under section 707(b). doing so in effect. See In re Adams, 209 B.R. reasonable alternative. In addition, the debt- Thus, contrary to the assertions of some, 874 (Bankr. M.D. Tenn. 1997)(Paine, or must demonstrate that the adjustments there are real and meaningful reasons why J.)(honest debtor with ability to repay can- are reasonable and necessary and there is no creditors will not improperly use their right not be dismissed from chapter 7); In re reasonable alternative to the expense or in- to file 707(b) motions. Braley, 103 B.R. 758 (Bankr. E.D. Va. come adjustment. If the debtor can make The new section 707(b) also provides that in 1989)(Bonney, J.). Other Circuit Courts have this showing, the presumption is rebutted. It addition to the means test, Chapter 7 debt- disagreed and insisted that debtors with abil- is not intended that the ‘‘special cir- ors’ cases may be dismissed if the filing is ity to pay must do so. In re Kelley, 841 F.2d cumstances’’ test will allow the presumption not in good faith or the ‘‘totality of the cir- 908 (9th Cir. 1988); In re Walton, 866 F. 2d 981 of abuse to be rebutted by relying on factors cumstances’’ indicate that granting relief (8th Cir. 1989); United States Trustee v. Harris, other than ability to pay. under Chapter 7 would constitute abuse. No 960 F.2d 74 (8th Cir. 1992); In re Koch, 109 F. 3d The presumption of abuse arises due to a inference should be drawn, however that by 1285 (8th Cir. 1997); In re Lamanna, 153 F. 3d financial calculation assessing a Chapter 7 referencing the ‘‘totality of the cir- 1 (1st Cir. 1998). A few bankruptcy courts debtor’s ability to pay. Thus, the presump- cumstances’’ Congress intended to approve have followed the direction of these Circuit tion of abuse under Section 707(b) may only the result in In re Green, 934 F.2d 568 (4th Cir. Courts, In re Shelley, 231 B.R. 317 (Bankr. D. be rebutted if the debtor shows changes to 1991) or similar cases. Such cases are rejected Neb. 1999)(Minahan, Jr. J.); In re Cox, 2000 expenses or changes to income not otherwise by the means test reforms and the change in Bankr. Lexis 571 (Bankr. N.D. Fla., May 16, accounted for in the means test and that the standard from ‘‘substantial abuse’’ to 2000). meet all of the requirements of the ‘‘special ‘‘abuse’’ in HR 2415. However, situations in It was this evidence which led Congress to circumstances’’ test. Other factors are not which courts dismiss debtors from Chapter 7 conclude that the complete overhaul of sec- relevant. today clearly continue to be grounds for dis- In applying the ‘‘special circumstances’’ tion 707(b) was necessary, with clear, non- missal under HR 2415, including such cases as test, it is important to note that a debtor discretionary requirements imposed on the In re Lamanna, 153 F. 3d 1 (1st Cir. 1998). In who requests a ‘‘special circumstances’’ ad- bankruptcy court to reject the notion that addition, since the standard for dismissal is justment is requesting preferential treat- debtors were entitled to a discharge as a revised to require ‘‘abuse’’ rather than ‘‘sub- ment when compared to other consumers, matter of right without regard to their abil- stantial abuse’’, the courts are clearly given and it is those other consumers who, by pay- ity to pay and to assure that in practice additional discretion to control abusive use ing their debts, must assume the cost of the those with ability to pay would not be enti- of chapter 7 when that is appropriate. debts discharged by the debtors seeking the tled to chapter 7 relief. In the 105th Con- Congress thus intends that the new section preferential treatment. It also is important gress, the House passed HR 3150 and the Sen- 707(b) provide a tightly-focused mechanism to note that, because of the protections es- ate passed S. 1301, two bills which would for identifying bankrupts who have repay- tablished for debtors whose income falls have inserted means-testing in section 707(b). ment capacity and sorting them out of Chap- below the median income level, the pref- A Conference Committee reconciled the two ter 7, as well as dealing with other forms of erential treatment provided under the ‘‘spe- bills and produced a Conference Report (H. abuse. At the same time, the new section cial circumstances’’ standard primarily ben- Rep. 105–794) which passed the House at the 707(b) means test contains procedural safe- efits higher income individuals. end of the 105th Congress but was never guards which ensure that any special finan- As indicated earlier, in order to ensure voted on in the Senate. Senate Report 105– cial circumstances of a debtor will be appro- fairness with respect to the consumers who 253 provides the legislative history of S. 1301. priately considered before he or she is dis- must pay the cost when others discharge House Report 105–540 provides the legislative missed from bankruptcy or converted to an- debts in bankruptcy, it is essential that the History of HR 3150. other chapter. ‘‘special circumstances’’ test establish a sig- THE CURRENT LEGISLATION nificant, meaningful threshold which a debt- ENHANCED CONSUMER PROTECTIONS AND HR 2415 is the culmination of these efforts or must satisfy in order to receive the pref- CREDIT CARD DISCLOSURES and is intended to both remove unequivo- erential treatment. The House/Senate agree- Importantly, HR 2415 retains Title XIX of cally the bankruptcy court’s discretion with ment incorporated in HR 2415 is premised the Senate bill. This title amends the Truth regard to whether a debtor with ability to upon the belief that the relief sought by a in Lending Act (‘‘TILA’’) to require signifi- pay should be dismissed from chapter 7, and debtor who files for bankruptcy is financial cant new minimum payment disclosures in to restrict as much as possible reliance upon in nature and the debtor’s right to obtain connection with open-end credit plans. judicial discretion to determine the debtor’s preferential relief under the ‘‘special cir- Among other things, HR 2415 requires credit ability to pay. Limited judicial discretion re- cumstances’’ provision should be assessed card companies, on the front of each month- mains to deal with the hardship case, but based on financial considerations only. Thus, ly statement, to provide: that discretion is not to be abused by lax en- the agreement is not intended to allow debt- —a statement that making only minimum forcement of the standards in HR 2415. ors to continue expenses unless they clearly payments will increase the interest costs and Section 102 of HR 2415 provides that a demonstrate that they meet the ‘‘special cir- the time it takes to repay the account bal- Chapter 7 case will be presumed to be an cumstances’’ test for such adjustments. ance; ‘‘abuse’’ of Chapter 7 if the debtor has the Under this bankruptcy reform package, the —an example showing the length of time it ability to repay, in a 5–year repayment plan, Office of United States Trustee or bank- would take to repay a specified amount if 25% of the debtor’s nonpriority unsecured ruptcy administrator is required to file a making minimum payments only; and claims (but not less than $6,000), or $10,000, motion to dismiss or convert a Chapter 7 —a toll-free telephone number which card- whichever is less. For purposes of deter- case if the bankrupt’s current monthly in- holders could call to receive additional re- mining the debtor’s repayment ability, sec- come equals or exceeds the state median in- payment information.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.052 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11701 HR 2415 requires the Federal Reserve Board wise be wiped away in bankruptcy. Section audit procedures will restore some integrity to promulgate a table that would set forth 524 of the Bankruptcy Code sets the condi- to the system, since material misstatements information for use by credit card issuers in tions which must be met before such agree- are required to be reported to the appro- responding to cardholders who make inquir- ments will be considered legally binding. The priate authorities. ies through the toll-free telephone number. bankruptcy reform package retains the Sen- ENHANCED PROTECTIONS FOR CHILD SUPPORT Finally, the Federal Reserve Board is au- ate-passed amendments related to the reaf- Balanced bankruptcy reform must protect thorized to study the types of information firmation agreements, with slight changes the status of child support. According to available to consumers regarding factors affecting only credit union debt. some estimates, more than one-third of qualifying potential borrowers for credit, re- HR 2415 also requires the Attorney General bankruptcies involve spousal and child sup- payment requirements, and the consequences to designate prosecutors and investigators to port orders. And in about half of those cases, of default, including information related to enforce current criminal statutes designed to women were creditors trying to collect minimum payments. The study would in- protect debtors in bankruptcy court from de- court-ordered support from their former hus- clude consideration of the extent to which ceptive or coercive collection practices as bands. These support orders are a lifeline for the availability of low minimum payment well as enforcing those same statutes thousands of families struggling to maintain options is a cause of consumers experiencing against debtors in appropriate cases. By self-sufficiency. financial difficulty. committing substantial new resources to HR 2415 contains all of the child support HR 2415 also amends TILA to require cer- fighting abusive creditor and debtor prac- provisions of the Senate-passed version of tain applications or solicitations for credit tices and bankruptcy fraud, it is intended bankruptcy reform (S. 625), including provi- cards that include an introductory rate of that the Department of Justice step up en- sions closing various serious loopholes which less than one year, and all promotional ma- forcement of these under-used statutes. allowed those who owed child support, ali- terials accompanying such an application or The bankruptcy reform package contains a mony and in some instances other marital solicitation, to include the following relat- provision which penalizes creditors who dissolution obligations to use the bank- ing to introductory rates: refuse to negotiate reasonable repayment ruptcy laws to delay and sometimes defeat —use the term ‘‘introductory’’ in imme- schedules outside of bankruptcy. Under this payment of those obligations. HR 2415 also diate proximity to each listing of the intro- provision, the amount that a creditor may contains a new provision which requires ductory rate; and collect in bankruptcy can be reduced if an bankruptcy trustees to notify child support —disclose when the introductory period approved credit counseling agency approved creditors of their right to use state child will end and the annual percentage rate that under the credit counseling provision of HR support enforcement agencies to collect out- will apply at the end of the introductory pe- 2415 for the judicial district in which the standing amounts due. In addition, HR 2415 riod. debtor’s case is pending makes a reasonable permits general creditors to disclose the last In addition, HR 2415 requires a clear and offer of repayment at least 60 days prior to known billing address of a debtor who owes conspicuous disclosure, in a prominent man- declaring bankruptcy and the creditor unrea- child support or alimony to child support ner on or with an application or solicitation, sonably rejects this offer. During Senate claimants. Taken together, these changes of the rate, if any, that will apply if the in- consideration of S. 625, the Department of place child support and alimony claimants in troductory rate is revoked, and a general de- Justice indicated support for promoting al- a far better position under HR 2415 than scription of the circumstances or events that ternative dispute resolution in this way but under current law. would result in such a rate. then suggested that the provision be ‘‘clari- BUSINESS PROVISIONS HR 2415 also requires a credit card issuer to fied’’ in such a way that it will not apply to HR 2415 contains the small business reform clearly and conspicuously provide disclo- governmental creditors. See Letter to The measures from the Senate passed version of sures regarding the key features of the credit Honorable Orrin G. Hatch, Chairman, Com- HR 833. Although business bankruptcy fil- plan, such as interest rate and basic fees, mittee on the Judiciary, April 9, 1999. Thus, ings are low at this time, several changes to with Internet-based credit card applications if the Congress were to accept the sugges- Chapter 11 are warranted. HR 2415 contains and solicitations. These disclosures must be tions of the Department of Justice, non-gov- provisions intended to speed up Chapter 11 readily accessible to consumers in close ernmental creditors would be subject to a for small business debtors, enact rec- proximity to the solicitations and these dis- tougher standard than currently contained ommendations of the United Nations Com- closures must be updated regularly to reflect in the bankruptcy reform package, but the mission on Internal Trade Law regarding the current policies, terms, and fee amounts Internal Revenue Service would be free to transnational bankruptcy and clarify the applicable to the credit card account. HR avoid alternative dispute resolution. Given treatment of tax claims in bankruptcy. 2415 also provides that, if a lender imposes a its history in dealing with taxpayers, it was Importantly, HR 2415 provides new dead- late fee for failing to make payment by the considered inappropriate to create such a lines on tenants under non-residential leases payment due date, the lender must state on special exemption for the Internal Revenue to decide whether to reject or assume leases each periodic statement the payment due Service. date (or, if the card issuer contractually es- under section 365 of the Bankruptcy Code. REDUCING ABUSIVE USES OF THE BANKRUPTCY tablishes a different date, the earliest date Under current law, once a tenant under a CODE on which a late fee may be imposed). The non-residential real property lease has filed lender also must state the amount of the fee As the National Bankruptcy Review Com- for Chapter 11 relief, it has 60 days to decide that will be assessed if payment is received mission correctly noted, many of the worst whether to accept or reject its lease, with ex- after that date. abuses of the bankruptcy system involve in- tensions for cause. Unfortunately, bank- Importantly, HR 2415 amends TILA to pro- dividuals who repeatedly file for bankruptcy ruptcy judges have allowed the exception for vide that an open-end creditor cannot termi- with the sole intention of using the auto- cause to swallow the rule. Today, bank- nate an account prior to its expiration date matic stay (i.e., a court injunction which ruptcy judges routinely extend the time solely because the consumer has not in- arises whenever a bankruptcy case is filed). within which retail debtors must assume or curred finance charges on the account. National Bankruptcy Rev. Comm. Rep., reject the lease for years, including until New disclosures are now required in con- ‘‘Bankruptcy the Next Twenty Years,’’ Octo- confirmation of the plan. Moreover, while nection with consumer credit plans secured ber 20, 1997 vol. 1, at 262. Accordingly, HR these tenant-debtors are supposed to pay by the consumer’s principal dwelling in 2415 contains restrictions on repeat filers and their rent while the proceedings continue, which the extension of credit may exceed the on multiple owners who serially file. It is ex- they do not always do so and bankruptcy fair market value of the dwelling. Under the pected that these changes will dramatically judges have not always compelled them to do amendment, a creditor must disclose at the reduce the number of inappropriate bank- so. time the creditor distributes an application ruptcy filings. Thus, landlords are often left with signifi- to the consumer for such a plan that interest HR 2415 also requires random audits of cant uncertainty since they may have no on the portion of the credit extension that is bankruptcy petitions to verify the accuracy clear indication as to whether a tenant will greater than the fair market value of the of information contained in bankruptcy peti- continue in a lease and the tenant may not dwelling is not tax deductible for federal in- tions, and makes debtor attorney’s respon- be current on post-petition rents. It is hoped come tax purposes. sible to diligently inquire into the accuracy that the provisions contained in the current The Congress also directs that the Federal of the information provided on the schedules. bankruptcy reform agreement will mitigate Reserve Board study the existing protections Many Members of Congress are concerned the unfairness confronting landlords of non- limiting consumer liability for unauthorized that there is little incentive for individuals residential leases. The House bill provided use of debit cards. In addition, the Board is to list all of their assets or fully and accu- that an unexpired lease of nonresidential directed to study the impact that extensions rately disclose their financial affairs, includ- property will be deemed rejected if the trust- of credit to college students have on the rate ing their income and living expenses, when ee has not assumed or rejected it by the ear- of bankruptcy cases filed. they file for bankruptcy. Of course, such lax- lier of the date of confirmation of a plan or In addition to these new credit card disclo- ity fosters an environment in which the a date that is no more than 120 days after the sures, HR 2415 contains several important re- overall financial condition of the bankrupt is date of the order for relief, with an addi- forms which will protect individuals and likely to be inaccurate, with the result that tional 120 days if granted by the court for help them better understand their rights and creditors may receive less than they could cause. The court, under the House bill, could remedies. Reaffirmations occur when a debt- when a bankrupt’s financial affairs are accu- then grant an extension beyond 240 days or agrees to pay a debt which would other- rately disclosed. Accordingly, the random after the date of the order for relief ‘‘only

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.054 pfrm02 PsN: S07PT1 S11702 CONGRESSIONAL RECORD — SENATE December 7, 2000 upon prior written consent of the lessor.’’ from ‘‘substantial abuse’’ to ‘‘abuse’’ in cap, only projected plan payments which are The Senate bill provided that such a lease order to provide strengthened controls reasonable and necessary should be consid- would be deemed rejected if the trustee has against abusive use of chapter 7. They also ered. Generally, plan payments to pay se- not acted by the earlier of the date of con- replace the presumption against dismissal cured debt should be excluded from projected firmation of a plan or the date which is 120 from chapter 7 with a presumption of dis- plan payments when calculating administra- days after the date of the order for relief. No missal if the debtor has ability to pay as de- tive expenses, unless there is a compelling additional extension is permitted except termined by a new means test. The changes reason for concluding that payment of the ‘‘upon motion of the lessor.’’ Both bills, are intended to broaden rather than limit secured debt would be included in the debt- then, were quite similar, especially in deny- controls on improper use of chapter 7. or’s plan. Although the administrative ex- ing bankruptcy judges discretion in extend- The means test.—Section 102 establishes a penses may be otherwise entitled to priority, ing the deadline for assuming or rejecting a means test enforced by required dismissal it is intended that they be accounted for lease after an absolute period following the from chapter 7. To apply the means test, the under this specific administrative expense order for relief—240 days in the former and debtor must complete revised schedules of provision and not also allowed under the pro- 120 days in the latter. Both the Departments income and expense similar to those now re- vision for priority expenses. of Justice and the Interior favored a 120 day quired, but revised to show net income deter- Actual expenses for private elementary or deadline, with no discretion in the bank- mined in a particular way and a calculation secondary private school tuition not exceed- ruptcy judge. of how much the debtor can afford to pay ing $1,500 per child per year are also deduct- HR 2415 provides that an unexpired non- under the new means test. The means test ible. residential real property lease is deemed re- should for the most part be self-enforcing. It Once the monthly expense allowances are jected if the trustee has not acted by the ear- should be infrequent that a debtor will fill determined, they are then subtracted from lier of the date of confirmation of a plan or out the schedule of income and expenses current total monthly income to obtain the the date which is 120 days after the date of which show that the debtor has ability to debtor’s net monthly income. Net income is the order for relief. The court may extend pay, and still file in chapter 7. Forms should then multiplied by 60. If the result is greater the 120 day period for an additional 90 days, be developed for these revised schedules than the lesser of a threshold amount of (1) prior to the expiration of the 120 day period, which are clear and understandable, and pro- $10,000 or (2) 25% of the nonpriority unse- upon motion of either the trustee or the les- mote accurate and efficient administration cured claims in the debtor’s case but not less sor for cause, for a total of 210 days after the of the means test. The schedules should be than $6,000, there is a presumption that the date of the order for relief. If the court has filed with the debtor’s petition. It is in- debtor’s case must be dismissed from chapter granted such 90 day extension, the court may tended that the anti-fraud provisions of the 7. grant a subsequent extension only upon prior bankruptcy and other laws be applied vigor- written consent of the lessor. This can be in ously by the bankruptcy courts and others This presumption may be rebutted if there the form of (1) a motion of the lessor or (2) whenever fraudulent completion of the are special circumstances that justify ad- a motion of the trustee, provided that the schedules is apparent. justments to income or expenses for which trustee has a prior written consent of the The means test initially focuses upon the there is no reasonable alternative. To claim lessor. Importantly, HR 2415 clearly retains debtor’s net income determined according to such additional expense or income adjust- both bills’ denial of bankruptcy judges’ dis- standards set forth in these sections. The ment, the debtor must itemize, explain and cretion in extending this date: in no cir- debtor’s current monthly income is first de- document why the expense or income adjust- cumstance may the time to assume or reject termined by averaging the debtor’s monthly ment is reasonable and necessary in addition unexpired nonresidential real property leases income for the prior six months and exclud- to meeting the special circumstances test extend beyond the earlier of (1) the time of ing social security or certain war repara- and demonstrates there is no reasonable al- confirmation or (2) 210 days from the time of tions income. Next, the debtor’s monthly ex- ternative to the expenses or income adjust- entry of the order for relief, without the penses are determined. These include month- ment. If it is determined that special cir- prior written consent of the lessor—either in ly expenses as specified under the National cumstances as described do exist, the debtor the form of a lessor’s motion, or in the form Standards and Local Standards issued by the may recalculate income and expenses based of a prior written consent to a trustee’s mo- Internal Revenue Service for the area in on the adjustments and apply the threshold tion, to extend the time. Moreover, a lessor’s which the debtor resides, and the debtor’s ac- to the resulting net income. The presump- written consent to one extension beyond the tual monthly expenses for the categories tion can only be rebutted by demonstrating 210 period does not constitute such consent specified as Other Necessary Expenses under that an expense or income adjustment appro- for a subsequent extension: each such exten- those same standards. The categories speci- priate under the special circumstances test sion beyond 210 days requires the separate fied as Other Necessary Expenses means only causes the debtor’s net income to be below written consent of the lessor. those categories of expense specifically list- the applicable threshold amount. Finally, HR 2415 adds language to Section ed in the Internal Revenue Service Manual An important additional feature of the 365 (f)(1) of the Bankruptcy Code for the pur- at 5323.423(1), (3) and (4). means test is the ‘‘safe harbor.’’ If the debt- pose of assuring that section 365(f) does not It is not intended that additional expenses or’s current monthly income is less than the override any part of Section 365(b). HR 2415 will be deductible except as otherwise speci- appropriate state median income as deter- provides that section 365(f) is not only sub- fied in section 707(b). For example, an addi- mined by current statistical information ject to Section 365(c), but also to Section tional allowance is available if demonstrated supplied by the Bureau of the Census, then 365(b), which is to be given full effect. Con- to be reasonable and necessary up to 5% of only the judge, United States trustee, bank- trary legal interpretations in case law are the monthly allowances for food and cloth- ruptcy administrator, or trustee may bring a overturned. ing categories as specified by the National motion under section 707(b). The safe harbor SECTION BY SECTION EXPLANATION Standards. Moreover, actual monthly ex- provides further limits motions against debt- TITLE I—NEEDS BASED BANKRUPTCY pense allowances are specified for certain ors whose current monthly income is less Sections 101–103: Dismissal for Abuse and the reasonably necessary family violence ex- than the appropriate state median income as Means Test penses and for reasonable and necessary con- determined by current statistical informa- These three sections expand present 707(b) tinued expenses of supporting an elderly, tion supplied by the Bureau of the Census, in of the Bankruptcy Code to require a court to chronically ill or disabled family member. that for such debtors, neither the judge, the dismiss a chapter 7 petition filed by an indi- The debtor’s monthly expenses for priority United States Trustee, the bankruptcy ad- vidual debtor whose debts are primarily con- debts and secured debts (including the aver- ministrator, a private trustee nor a party in sumer debts (or with the debtor’s consent, aged cost of curing arrearages with respect interest can bring a motion to dismiss under convert to another bankruptcy chapter) if to secured debts as permitted in chapter 13) the presumed abuse provisions of the means the debtor’s case meets certain standards. are also deductible. They are determined test. It is expected that the Bureau of the Present law already requires that an indi- based on the average of those expenses over Census will promptly make available state vidual debtor’s case be dismissed if it is a a 60 month period. median income information by family size ‘‘substantial abuse’’ and the debtor’s debts Also allowed are deductions for actual av- for households of 1–4 members based upon in- are primarily consumer debts, but also cre- erage monthly expenses that are entitled to formation it collects. For these purposes, a ates a presumption against dismissal and administrative expense priority under the family or household consists of the debtor prevents anyone other than the court or the Bankruptcy Code, but never more than 10% and the debtor’s dependents, and in a joint United States Trustee from raising the issue. of projected plan payments, as determined case, the debtor’s spouse. The median income There has been concern that present 707(b) is under a schedule to be issued from time to for families larger than 4 persons is deter- not effective to prevent inappropriate use of time as necessary by the Executive Office of mined by taking the monthly median income chapter 7, and in particular debtors who have United States Trustees. This schedule is to for a family of 4 and adding $525 to that fig- ability to repay their debts from using chap- be based on the standing chapter 13 trustee’s ure for each additional family member. ter 7 to obtain a discharge without repaying fee as allowed from time to time in each dis- Under subsection (e) of section 102 of HR creditors what they can afford, needlessly trict and should not include other amounts. 2415, creditors are permitted to report infor- costing consumers who pay their bills in Other fee schedules may be provided for mation concerning a debtor’s failure to sat- higher credit prices. cases when a debtor qualifies for chapter 12 isfy the means test or other abuse to the These sections reorganize present section or would have to use chapter 11 because ex- United States Trustee, bankruptcy adminis- 707(b) to change the standard for dismissal cluded from chapter 13. In applying the 10% trator, case trustee or judge assigned the

VerDate 06-DEC-2000 04:08 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.055 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11703 case, and participate with them in the prepa- Administration of the means test.—Several acceptance of the debtor’s word and must be ration and presentation of a motion to dis- important additional provisions assist in the sufficient to verify or disprove any knowl- miss, as in Kornfield v. Schwartz, 164 F. 3d 778 efficient administration of the means test. edge, information or belief which would lead (2d Cir. 1999). Contacts with the judge, how- Enforcement of the means test is in the first a diligent attorney to doubt the accuracy of ever, cannot be ex parte. instance the responsibility of the United the schedules. The bill provides that the Internal Rev- States trustee or bankruptcy administrator Dismissal for abuse.—Dismissal under 707(b) enue Service standards relied upon for the for the district in which the chapter 7 case is is also authorized when there is ‘‘abuse’’. It means test will be studied by the Executive pending. The United States trustee or bank- is intended that by changing the standard Office of United States Trustees, with a re- ruptcy administrator will be involved in de- for dismissal from ‘‘substantial abuse’’ to port to the respective Judiciary Committees termining whether debtors have accurately ‘‘abuse’’, stronger controls will be available of both Houses of Congress within 2 years of disclosed their income and expenses, and in to the courts, the United States trustee or the effective date. preliminarily reviewing debtor’s claims that bankruptcy administrator, private trustees Disposable income test.—This section also ‘‘special circumstances’’ exist which justify and creditors to limit the abusive use of amends section 1325(b)(2) to define disposable adjustments to otherwise allowed monthly chapter 7 based on a wide range of cir- income for cases of debtors with current income and expense amounts. Case trustees, cumstances. The ‘‘bad faith’’ and ‘‘totality of monthly income over median income, using judges and creditors are also entitled to in- the circumstances’’ of the debtor’s situation the same basic concepts, to the extent they vestigate means test issues and raise them is adopted as an appropriate standard. It is are applicable, that are used in applying the by motions to dismiss, or by bringing them intended that all forms of inappropriate and means test. It is intended that there be a to the attention of others involved in the en- abusive debtor use of chapter 7 will be cov- uniform, nationwide standard to determine forcement process. ered by this standard, whether because of the disposable income used in chapter 13 cases, When the debtor’s chapter 7 petition is debtor’s conduct or the debtor’s ability to based upon means test calculations. first filed, the court is to review the debtor’s pay. If a debtor’s case would be dismissed Present law requires that in a chapter 13 income and expense schedule and determine today for ‘‘substantial abuse’’ as in In re plan, all of the debtor’s disposable income be whether this is a case in which the presump- Lamanna, 153 F. 3d 1 (1st Cir. 1998), it is in- used to pay creditors under the plan, but tion in favor of dismissal applies. That will tended that the case should be subject to dis- does not define the term. This section both be determinable on the face of the schedules, missal under H.R. 2415. Cases which have de- requires (1) that all of the debtor’s disposable since debtors are required to do the nec- cided that a debtor’s ability to pay should income be applied to pay unsecured credi- essary calculations of the means test thresh- not be considered when determining abuse, tors, and (2) that for debtors whose current old. If the presumptions arises, the court is or can be outweighed if the debtor is other- monthly income is in excess of the applica- to notify creditors within ten days after the wise acting in good faith, are intended to be ble median income level, their disposable in- case is filed that this is a presumption case. overruled. In dealing with ability to pay Next, the United States trustee or bank- come be determined using basic means test cases which are abusive, the presumption of ruptcy administrator is required to review concepts which define current monthly in- abuse and the safe harbor protecting debtors come (section 101(10A)), and allowable ex- the debtor’s filing to evaluate whether there should be a motion to dismiss filed. The from application of the presumption will not penses (section 707(b)(2)(A)(ii), (iii) and (B)). be relevant. To determine disposable income for those United Sates Trustee or bankruptcy admin- In addition, the standard of abusive con- over the applicable median income level, istrator is to file with the court a statement duct is specifically intended to include con- first, current monthly income as defined in whether the debtor’s case would or would not sideration of whether a chapter 7 filing is HR 2415 is determined. From that amount, be presumed to be an abuse under the means being used without justification to secure re- amounts reasonably necessary to be ex- test of section 707(b) not later than 10 days jection of a personal service contract. pended for the maintenance and support of after the date of the first meeting of credi- the debtor or a dependent of the debtor are tors. Moreover, if the debtor’s current Section 104. Notice of alternatives deducted. The deductions for the expenses of monthly income is over the median income This provision amends Bankruptcy Code providing support and maintenance are to be level and the debtor’s net income is more section 342(b) to expand on the contents of determined in accordance with the standards than the means test threshold, the trustee or the notice which an individual debtor whose of section 707(b)(2)(A) and (B). Thus, the administrator must also either file with the debts are primarily consumer debts must re- debtor is allowed the amounts permitted for court a motion to dismiss, or a statement ceive before filing a bankruptcy petition. food and housing under National Standards why no motion is being filed. However, if the The content and form of the notice is to be and Local Standards issued by the Internal debtor’s gross income is between 100% and prescribed by the United States trustee or Revenue Service. Actual expenses for other 150% of median income, and the debtor’s net bankruptcy administrator for the district in amounts in categories specified as Other income determined in a special short-hand which the petition is filed, and must contain Necessary Expenses are also allowed, just as calculation based on core expenses is under a description of chapters 7, 11, 12 and 13, re- when applying the means test. Expenses for the threshold, the trustee is relieved of any view the benefits and costs of each chapter, secured debts which are paid outside of the obligation to file a motion to dismiss. This the services that are available from a non- plan should be accounted for as required ‘‘mini screen’’ does not change the sub- profit credit counseling agency, and a disclo- under 707(b)(2)(A)(iii), and payments for se- stantive requirements of the means test. Its sure of the debtor’s responsibilities in com- cured debt paid under the plan should be application is limited and is intended only to pleting a petition with respect to the accu- what is provided in the plan as long as it is permit the United States trustee or bank- racy of the schedules and other information not more than the amount permitted under ruptcy administrator to use a short-hand provided. It is intended that this notice will that same provision. Priority debt payments method of calculating the debtor’s income be in an easily understood form, designed to under the plan are not reasonably necessary available to pay creditors. If the short-hand assist debtors in better understanding the al- to be expended and should not be included in calculation of net income indicates that the ternatives for debt adjustment offered by the the calculation, since under this provision, debtor does not meet ability to pay criteria, Bankruptcy Code, the debtor’s responsibil- disposable income is determined for the pur- further administration of the means test is ities in seeking such relief, and as uniform as poses of setting the amount which must be not required. Otherwise, the full means test possible throughout the country. paid to both nonpriority and priority unse- calculation will be made to determine Section 105. Debtor Financial Management cured creditors. The means test only deter- whether dismissal or conversion is appro- Training Test Program priate. In other cases, a similar calculation mines the projected amount available to pay The Executive Office of United States can be made since the short-hand method of nonpriority unsecured creditors. Trustees is directed to develop financial The provision also provides for the adjust- calculation is one stage of the full means management training curricula and mate- ment of the determination of disposable in- test calculation. rials to educate individual debtors in per- come if the debtor has obligations to pay To ensure that debtors and creditors and sonal financial management. The materials child support, foster care payments or dis- their respective counsel do not abuse the are to be developed after consultation with ability payments for a dependent child, and process, they are specifically subjected to experts. The materials are to be tested in 6 for certain continuing charitable contribu- the standards of Bankruptcy Rule 9011 with judicial districts over 18 months. At the end tions as allowed under present law. As with respect to the claims and defenses debtors of the test, a report on the results is to be the means test, adjustments are also per- and creditors and their counsel assert in sec- provided to the Speaker of the House and the mitted to income or expenses based on the tion 707(b) motions. Certain small businesses President pro tem of the Senate. ‘‘special circumstances’’ provisions of the with less than 25 employees are exempted means test. from this requirement. In addition, the accu- Section 106. Credit counseling Once net monthly income is determined, it racy of the schedules the debtor must file Credit counseling is an alternative to fil- is then multiplied by the applicable commit- with the petition, and particularly the state- ing bankruptcy for some debtors. It is in- ment period to determine the total amount ments of assets, debts and income, expenses tended that debtors be fully informed before which the plan must apply over its duration and means test calculations, is enforced by a they file bankruptcy about this less drastic to pay unsecured creditors. If the plan does requirement that debtor’s counsel have no alternative to bankruptcy in all instances, not apply all of disposable income to pay un- knowledge that the schedules are incorrect but particularly when they have only re- secured creditors, the plan is not confirm- after appropriate inquiry. An attorney’s in- ceived information about their alternatives able. quiry is expected to be more than a cursory from petition preparers or attorneys.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.057 pfrm02 PsN: S07PT1 S11704 CONGRESSIONAL RECORD — SENATE December 7, 2000 This provision establishes the requirement expenses for these purposes include only the It is intended that a single nationwide form that before individual debtors file for bank- chapter 13 trustee’s fee as allowed in the dis- as set out in the statute will be used for all ruptcy, they must be made aware that credit trict from time to time, and that the sched- reaffirmations in all bankruptcy courts, and counseling services are available. Debtors ules will be revised as necessary to reflect that it will be the only disclosure required in are not required to actually undergo credit changes in that fee. Since the trustee’s fee is the reaffirmation process. It is expected that counseling, but they must be made aware determined as a percentage of payments the nationwide form will assist those who that such alternatives to bankruptcy do made to creditors, the Director may deter- teach budgeting and financial management exist. The case of a debtor must be dismissed mine that the appropriate way to state the in secondary schools, provide credit coun- if it is filed without meeting that require- schedule is by providing percentage amounts seling, or assist those in financial difficulty ment unless the debtor can demonstrate exi- and a method for determining projected plan in educating consumers about the benefits gent circumstances which temporarily ex- payments. These will generally just be unse- and disadvantages of reaffirmations so that cuse satisfying the requirement. It is ex- cured debts unless there is a compelling rea- debtors who do reaffirm will be better in- pected that when courts do not enforce this son to conclude otherwise. formed about what they are doing. The pro- requirement sua sponte, the United States TITLE II—ENHANCED CONSUMER PROTECTIONS vision is also intended to create a nationwide method of processing reaffirmations so that trustee or bankruptcy administrator will Section 201. Promotion of alternate dispute reso- companies who must administer reaffirma- bring the matter to the court’s attention by lution appropriate motion, but any trustee or other tions in several areas are freed from special party in interest could do so. This section permits the court, on motion requirements in particular localities. Concern has been expressed that the bank- of the debtor and after a hearing, to reduce The statutory form, in addition to clearly ruptcy relief debtors obtain under present a claim based in whole on unsecured con- explaining to debtors what they are doing law stops at the discharge, failing to educate sumer debts by not more than 20% if (1) the when they reaffirm, also provides a form debtors about basic budget management so claim was filed by a creditor who unreason- which may be used as the reaffirmation they can avoid financial difficulties in the ably refused to negotiate a reasonable alter- agreement and a form for the debtor’s attor- future. Under this section, individual debtors native repayment system proposed by an ap- ney’s certification when the debtor is rep- will be required to attend a course of in- proved credit counseling agency acting on resented. Debtors must also fill out a Part D struction in personal financial management behalf of the debtor; (2) the debtor’s offer in which they state their ability to pay the approved by the United States trustee or was made at least 60 days before the filing of amount being reaffirmed based upon their in- bankruptcy administrator for the district in the bankruptcy petition and provided for come and expenses, including other re- which the petition is filed. It is intended payment of at least 60% of the debt over the affirmed debts. If debtors cannot complete that the United States trustees and bank- repayment period of the loan, or a reason- the form showing they have ability to pay ruptcy administrators will strongly promote able extension thereof; and (3) no part of the the reaffirmed amount, there is a presump- the development of effective courses, both debt under the alternative repayment sched- tion of undue hardship for a period of 60 through the formal approval process and in- ule is nondischargeable. An approved credit days, and the reaffirmation must be sub- formally. If the debtor fails to attend a re- counseling agency means one approved under mitted for review by the court even when the debtor’s attorney certifies that the reaffir- quired course, the debtor will not be able to the credit counseling provisions of this Act. mation is in the debtor’s best interest. Since obtain a discharge in either chapter 7 or 13. This section applies only to claims which income and expenses for these purposes are Provisions similar to those applicable to are based on debts which are wholly unse- those the debtor will have post-discharge, credit counseling allow the United States cured consumer debts. The provision is also the standards of income and expense under trustee or bankruptcy administrator to ex- carefully drafted so as only to require credi- section 102 of HR 2415 are not relevant. The cuse all filers in a district from the require- tors to negotiate, when reasonable, alter- debtor’s actual post-discharge income and ment if the trustee or administrator finds native repayment systems so long as they expenses as the debtor determines them will that there are not enough providers of the are reasonable. It does not require creditors control. courses in the district. Congress intends that to accept any alternative repayment pro- posal, although it is expected that negotia- Credit unions are permitted to change the this exemption will not be lightly imposed, form to reflect that the debtor may fill out and that the trustee or administrator will tions could result in reasonable alternative plans being adopted. Furthermore, the debt- a simpler Part D when a credit union mem- use every reasonable effort to see that there ber is reaffirming a debt. The credit union are adequate credit counseling and courses of or’s proposal must provide for at least 60% repayment to the creditor. The debtor’s pro- member only needs to indicate that will pay instruction available. the reaffirmed obligation, and there is no Credit counseling agencies and courses of posal should not be considered reasonable if presumption of undue hardship or require- instruction concerning financial manage- it is unlikely the debtor will be able to make the repayments as proposed. ment of review by the judge. ment included in the program must be ap- Creditors and debtors must make good Section 202. Effect of discharge proved by the United States trustee or bank- faith efforts to comply with the require- ruptcy administrator for the district. This A creditor’s willful failure to credit plan ments imposed by this section. However, section sets standards which the United payments in the manner required by the plan there is no intention that errors in com- States trustee or bankruptcy administrator is a violation of the post-discharge injunc- pleting or using the disclosure forms or com- must apply in deciding whether to approve a tion under section 524(a)(2) if the creditor’s plying with the procedural requirements of particular agency or course. Prior to ap- acts to collect and failure to credit payments this section will be construed as a violation proval, the qualifications of the agency or in the manner required by the plan causes when those errors occur in good faith. Under course are to be carefully reviewed by the material injury to the debtor. However, if a present law, violations of the reaffirmation United States trustee or bankruptcy admin- plan has been dismissed, is in default, or the requirements are enforceable only as viola- istrator. It is intended that they will require creditor has not received payments required tions of the post-discharge injunction. En- applicants to provide adequate information under the plan, the failure to credit the pay- forcement of the injunction is an equitable about qualifications and programs for this ments is not a violation of the injunction. proceeding in which the equities are purpose. Agencies and courses will be ini- This provision also clarifies that it is not weighed, courts take into account the good tially approved only for a probationary pe- a violation of the post-discharge injunction faith of the creditor. Under this section, riod of no more than 6 months. After that, for a creditor that holds a claim secured in creditors may accept payments from debtors their qualifications and performance will be whole or in part by real property that is the before and after the filing of a reaffirmation reviewed each year by the United States debtor’s principal residence to take actions agreement, and may accept and retain pay- Trustee or bankruptcy administrator. Re- in the ordinary course of business to seek or ments under a reaffirmation agreement view of the United States trustee or bank- obtain periodic payments associated with a which the creditor believes in good faith to ruptcy administrator’s decision to renew ap- valid security interest in lieu of a mortgage be effective, even though subsequently it is proval for the first full year term after the foreclosure or other enforcement proceeding determined that the reaffirmation agree- probationary period and every 2 years there- not barred by the injunction. Congress in- ment is not in fact effective. For example, if after is available in the United States dis- tends this provision to clarify the law in this the creditor and debtor agree that the debtor trict court at the request of any party in in- area so as to provide a safe harbor for mort- is responsible to file the reaffirmation agree- terest. In addition, at any time the district gage lending, but the existence of this clari- ment, and the debtor does not do so, the court sitting as a bankruptcy court can re- fying provision is not intended to suggest creditor should be able to accept and retain view and disapprove an agency or course of that similar action taken by creditors whose payments from the debtor unless it knew the instruction. debt is not secured or is secured by other debtor had not in fact filed the agreement Section 107. Schedule of reasonable and nec- types of property would be a violation of the with the court. Likewise, if a debtor indi- essary expenses post-discharge injunction. cates that he or she has ability to pay in This provision directs the Director of the Section 203. Discouraging abuse of reaffirmation Part D, a creditor can rely upon that state- Executive Office of United States Trustees to practices ment. Moreover, the requirements of sub- issue schedules of reasonable and necessary This provision amends section 524(c)(2) of section (c)(2) and those added by this section administrative expenses for each judicial dis- the Code to provide a clearly understandable are satisfied if the disclosures required under trict not later than 180 days after enact- disclosure form to explain the debtor’s rights those provisions are given in good faith. For ment. It is intended that the administrative and obligations in the reaffirmation process. the purposes of this section, ‘‘good faith’’ is

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.059 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11705 to be broadly construed as honesty in fact There were a number of areas under former Section 211. Definition of domestic support obli- under the circumstances. The narrow stand- law where these goals were not met. Support gation ard of good faith under the Truth in Lending and debts in the nature of support were not To ensure that all debts relating to the Act is not intended. treated uniformly in the Bankruptcy Code or support of a debtor’s spouse, former spouse, The requirements of present law are con- by bankruptcy courts. Conspicuously, debts family or child are given a similar treatment tinued that debtors who do not have counsel owed to the government and based upon the in bankruptcy, section 211 of HR 2415 pro- who will certify that a reaffirmation is in payment of government funds for the main- vides a sweeping definition for the concept of the debtor’s best interest must have the reaf- tenance and support of the children or fam- a ‘‘domestic support obligation.’’ This defini- firmation approved by the court before it can ily of the debtor were not given the advan- tion is intended to clarify the following: be effective. Otherwise, a reaffirmation is ef- tages which the Code affords to debts pay- 1. The domestic support obligation in- fective upon filing the completed and signed able directly to the family of the debtor. cludes interest on that obligation as pro- statutory form and reaffirmation agreement Specifically, support debts assigned or owed vided under applicable nonbankruptcy law. with the court. to the government on the petition date have Thus, if a State provides for prejudgment or The provision also directs that United not been entitled to any priority under sec- postjudgment interest on support, such in- States attorneys in each district will des- tion 507(a), have not been protected from loss terest is included in the definition of a do- ignate a specific person within their offices of their secured status under section mestic support obligation. to address violations of criminal law relating 522(f)(1)(A), and have been recoverable by the 2. To be nondischargeable support, the ob- to bankruptcy crimes when they involve trustee as a preference under section ligation must be owed to or recoverable by a abusive reaffirmations or materially fraudu- 547(c)(7)(A). Conversely, support debts which ‘‘spouse, former spouse, or child of the debt- lent statements on schedules. were not assigned on the petition date were or or such child’s parent, legal guardian, or Subtitle B—Priority Child Support entitled to superior treatment as provided in responsible relative’’ or the debt must be sections 507(a)(7), 522(f)(1)(A), and Bankruptcy law has long recognized the owed to a governmental unit. As distin- 547(c)(7)(A). guished from former law as interpreted by legal and moral importance of the payment Because support debts which are assigned the courts, the debt no longer need be owed of obligations incurred by a debtor for the to a governmental entity when a petition is to the person or entity filing the claim. It support of his or her spouse and children. As filed may become unassigned during the need only be recoverable by such entity. This such, it has striven to avoid having bank- course of a Chapter 12 or 13 bankruptcy plan, definition is meant to preserve present stat- ruptcy become a haven for those who would and vice versa, the disparate treatment of utory or decisional law affecting the avoid such obligations or an inadvertent im- these debts in the Bankruptcy Code makes dischargeability of debts in the nature of pediment for those who wish to comply with little sense. A family which is in need of sup- support owed to attorneys or other persons those obligations. However, the treatment of port after assistance terminates certainly or entities providing assistance to the cred- domestic support in bankruptcy had devel- should not lose the advantages the Code itor spouse and children in a domestic pro- oped somewhat haphazardly over time as gives unassigned support simply because the new issues and concerns have been raised and support was assigned on the petition date. ceeding. Nor is there any remaining require- addressed piecemeal. Moreover, the Code had The contrary was also true. Governmental ment that the debt be assigned to a govern- lagged behind in dealing with the changing entities under former law received the ad- ment or recoverable under Title IV–D of the legal status of payments made to govern- vantages given to the creditor of unassigned Social Security Act for the debt to be ex- mental entities for such obligations, specifi- support when the support became assigned cepted from discharge. The debt need only be cally whether such payments were to be paid during bankruptcy. An overriding purpose of owed to or recoverable by a governmental directly to support the child or family of the Subtitle B is to eliminate substantially such unit. Likewise, the debt does not become dis- debtor, or were to be retained by the govern- distinctions in the treatment of support obli- chargeable simply because the support was ment because the parent or child was receiv- gations. ordered to be paid to the government or a ing public assistance. In addition to the disparate treatment of nonparent. Support ordered to be paid to a Under current nonbankruptcy law the sta- support debts found in the Code, the courts legal guardian or responsible relative is also tus of a support obligation may change rap- also drew distinctions with respect to the not dischargeable. idly as the recipient moves on or off govern- dischargeability of support debts owed to the 3. As under the former law, to be excepted ment assistance even though the underlying government and support debts owed to the from discharge the debt must be ‘‘in the na- responsibility to support the child or family parent or child of the debtor. These distinc- ture of support.’’ Unlike the former law, is unaltered. Thus, there is little reason for tions were often arcane and technical. To il- however, a debt based upon assistance pro- payments of domestic support obligations to lustrate, if the debts were owed to the gov- vided by a governmental unit for the benefit governmental entities not to be treated ernment and based upon the payment of pub- of a spouse, former spouse or child of the equally with payments of such obligations lic assistance, the dischargeability of such debtor, is now specifically included as a debt directly to a parent or child, or for a debtor debts turned on the irrelevant circumstance in the nature of support. This classification to have a lesser duty to satisfy those debts. of when the aid was paid. As a result, judg- applies whether or not the debt incurred by Prior to HR 2415 the principle of favored ment debts for support based upon the pay- the debtor is specifically designated as sup- treatment for all domestic support obliga- ment of public assistance prior to the date a port and whether or not the spouse, former tions had only been partially recognized in petition for on-going support was entered spouse or child has a separate legal right to the Code, and there were a number of areas could be discharged while an arrearage ac- establish a support obligation. in which bankruptcy filings impacted domes- crued under an on-going order could not, 4. Under former law the support debt had tic matters which were not dealt with at all. even when the support debts were based on to made ‘‘in connection with a separation Accordingly, Congress undertook a com- identical criteria. And contributing to a lack agreement, divorce decree, or other order of prehensive review of all aspects of the treat- of uniformity, the decisional law was not a court of record.’’ Therefore, it was argu- ment of domestic support obligations under consistent. Moreover, many debts which able that if the debt had not been reduced to the Code to determine how to create a coher- were incurred by a debtor based upon the re- an agreement, decree or order on the date a ent and consistent structure to deal with sponsibility of a governmental entity to pro- petition for relief was filed, it was not ex- such obligations in bankruptcy. vide for the support and maintenance of a cepted from discharge. The new definition of The following basic principles were em- child, but which debts were never owed to a domestic support obligation specifies to ployed in the support amendments contained the child or family of the debtor directly, the contrary that the debt may be estab- in these provisions: could be discharged. In particular the fol- lished ‘‘or subject to establishment before or 1. Bankruptcy should interfere as little as lowing were found to be dischargeable: debts after an order for relief’’ to qualify as a non- possible with the establishment and collec- incurred for the costs of maintenance of a dischargeable debt. tion of on-going obligations for support, as child in a juvenile detention facility; debts 5. Finally the definition of a domestic sup- allowed in State family law courts. incurred to support a child who was made a port obligation continues to exclude support 2. The Bankruptcy Code should provide a ward of the state; debts for support which which has been assigned to a nongovern- broad and comprehensive definition of sup- had not been reduced to a judgment at the mental entity, unless the assignment is port, which should then receive favored time the bankruptcy petition was filed; and merely made for the purpose of collecting treatment in the bankruptcy process. debts for child support and maintenance re- the debt. This definition codifies existing 3. The bankruptcy process should insure sulting from the placement of the debtor’s case law. the continued payment of on-going support children in shelter care facilities. In all of Having created this definition of a ‘‘domes- and support arrearages with minimal need these situations debtors have the same legal, tic support obligation,’’ HR 2415 uses it in for participation in the process by support equitable, and moral obligations to provide twenty specific places. In so doing, HR 2415 creditors. for the support of their children, but under generally treats support related debts simi- 4. The bankruptcy process should be struc- the peculiarities of former law they could larly, no matter how the debt arose or to tured to allow a debtor to liquidate non- transfer that burden to the taxpayers. The whom the debt is owed. dischargeable debt to the greatest extent domestic support enforcement provisions of Section. 212. Priorities for claims for domestic possible within the context of a bankruptcy HR 2415 is designed to insure compliance support obligations case and emerge from the process with the with those obligations, during and after All domestic support obligation debts are freshest start feasible. bankruptcy. given a first priority. Within that priority

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.061 pfrm02 PsN: S07PT1 S11706 CONGRESSIONAL RECORD — SENATE December 7, 2000 two categories of support debts are estab- the extent they do not require affirmative out any bankruptcy imposed limitation. The lished. Support debts owed directly to sup- action on the part of a support creditor to purpose of this provision is to allow income port recipients, as of the date of the bank- implement them. Payment of domestic sup- withholding to be implemented or to con- ruptcy petition, are paid prior to debts owed port obligation arrears, in order to receive a tinue after a Chapter 11, 12 or 13 petition is or assigned to the government. Therefore all discharge, is required only to the extent filed, just as it would if a Chapter 7 petition claims filed as priority 1(A) must be paid ‘‘provided for by the plan.’’ Thus, agree- were filed. The income withholding provi- prior to claims filed as priority 1(B). ments made at the time of confirmation to sions were enacted to allow compliance with When, however, such claims are filed by a accept less than full payment or the use of procedures mandated in the Child Support governmental unit and that unit receives ‘‘cram down’’ rights possessed by the debtor Enforcement Program, Social Security Act, payments on the claim, the subsequent ap- may allow the debtor to receive a discharge Title IV–D. Income withholding applies to plication and distribution of moneys are gov- without full payment of all prepetition do- the collection of on-going support and sup- erned not by the claim as it existed on the mestic support obligations. Of course, com- port arrearages. It may be implemented by petition date, but by nonbankruptcy law ap- pletion of such a plan would not discharge court order or through an administrative plicable to such governmental units. Thus, any remaining domestic support obligations, process. receipt of money claimed as a priority 1(A) but would allow the debtor to be relieved 3. Use of other support enforcement tech- debt may be distributed by the government from other debts covered by the general dis- niques are also excepted from the reach of to reimburse itself for the payment of public charge under the relevant chapter. the automatic stay. Under the amendment, assistance if the creditor assigns that debt to 4. HR 2415 allows, but does not require, the the withholding, suspension, or restriction of the government postpetition. Likewise, debtor to include in a plan the payment of drivers’ licenses, professional and occupa- debts which are assigned to the government postpetition interest on a nondischargeable tional licenses, and recreational licenses prepetition and claimed as priority 1(B) debt if the debtor is able to do so after pay- under state law as provided in the Social Se- debts will be distributed directly to the sup- ing other debts. This provision is a departure curity Act is not stayed. Likewise, the auto- port obligee if the debt is no longer assigned from former law which did not allow a claim matic stay does not bar the reporting of as of the date the government received the for interest, unless the claim was secured, overdue support to a consumer reporting funds. even though interest continued to accrue on agency as required by the Social Security Other changes in distribution may also nondischargeable debts. As a result, even if Act. Also excepted from the automatic stay occur. If the trustee pays a governmental en- the debtor provided for full payment of the is the interception of tax refunds as required tity on a claim in one month, and the debtor prepetition support debt, this debtor would by the Social Security Act. Thus, refunds owes but has not paid a support order accru- be left at the end of the plan with a remain- which are payable to the debtor by the State ing in that month, the governmental unit ing debt for interest. Accordingly, while a taxing authorities or the IRS, and even re- may credit the payment to the current debtor will often not have sufficient income funds which the debtor intends to include or month’s obligation, not to the claim. The to make postpetition interest payments, the includes in his or her bankruptcy estate, governmental unit may also credit any pay- debtor may wish, if feasible, to make such may be seized to satisfy support obligations ment received on the claim against newly payments in order to obtain a fresh start at as required or allowed under State and fed- accrued postpetition judgment interest, the completion of the plan. eral law without requiring relief from the rather than against the principal portion of Section 214. Exceptions to automatic stay in do- automatic stay. Finally, under the enforce- the claim. The purpose of these rules relat- mestic support obligation proceedings ment of medical support obligations as man- ing to governmental support claims is to HR 2415 also adds additional exceptions to dated by the Social Security Act is not allow the distribution of money received as the automatic stay. Under section 362(a) var- stayed. support in the same manner it would be dis- ious activities of creditors are stayed once a Section. 215. Nondischargeability of certain tributed if the debtor had not filed a bank- bankruptcy petition has been filed. Under debts for alimony, maintenance, and sup- ruptcy petition. former law there were exceptions to the port Section 213. Requirements to obtain confirma- automatic stay which permitted the estab- This section makes all domestic support tion and discharge in cases involving domes- lishment of paternity, and the establishment obligations non-dischargeable. The most sig- tic support obligations or modification of a support order but they nificant effect of this change is that all debts Section 213 sets up four check points to en- did not deal with a number of other domestic owed to a governmental entity which are de- sure that debtors are complying with their issues. In addition, under former law the rived from payments by the government to domestic support obligations when they have automatic stay did not apply to the collec- meet needs of the debtor’s family for support filed a bankruptcy case under Chapters 11, tion of support so long as it was collected and maintenance are excepted from dis- 12, and 13. from property which was not property of the charge. This change will nullify the holdings 1. A case can be converted or dismissed at bankruptcy estate. Since property of the es- cited in footnotes 2, 4, 5, 6, and 7. By amend- any time if the debtor does not remain cur- tate included debtor’s income in Chapter 12 ing 523(a)(5) and (15), all ‘‘domestic support rent in the payment of an on-going support and 13 cases, at least until confirmation of obligations’’ as broadly defined in new sec- obligation. Under former law the Code did the plan, a support creditor had no way of tion 101(14A) of the Bankruptcy Code are ex- not explicitly require such payments or man- obtaining either on-going support or cepted from discharge. date an early termination of a plan when a prepetition support arrearages, unless the Section 215 also makes nondischargeable debtor was not in compliance with an on- obligor/debtor paid these debts voluntarily all non-support debts incurred in connection going support order, although some courts or the creditor obtained relief from the stay. with a divorce or separation. Previously such used their discretion to dismiss such cases These amendments deal with both issues. debts may have been determined to be non- for ‘‘cause.’’ HR 2415 allows the court to con- They include the following: dischargeable only if the support creditor vert or dismiss a Chapter 12 or 13 plan for 1. The existing exceptions are amended to brought a timely proceeding to determine failure of the debtor to pay postpetition on- refer to the new definition of a domestic sup- the dischargeability of the debt and proved going support. port obligation. Additional language is added not only that the debtor had the ability to 2. To be confirmed a plan must provide for to clarify that certain other family-related pay the debt but that discharging the debt payment of all past due priority claims for matters such as custody, divorce, and domes- would result in a benefit to the creditor domestic support obligations. The Code does, tic violence proceedings may continue to be which outweighed the detriment to the debt- however, provide two exceptions. It allows a pursued without obtaining relief from the or. This provision gives debts resulting from creditor the option of accepting less than automatic stay except to the extent a di- the division of property the same protection full payment under the plan. It also allows a vorce proceeding seeks to deal with the divi- from discharge as support debts. debtor to ‘‘cram down’’ a less than full pay- sion of estate property. Property division ment plan for priority support debts which issues in a divorce are not intended to im- Section. 216. Continued liability of property are assigned to a governmental entity, so pinge on the exclusive jurisdiction of the Section 522(c)(1) of the Code, as amended long as the plan provides for payment of all bankruptcy court over estate assets. by this section, incorporates the new defini- disposable income of the debtor for the max- 2. Section 362(b)(2)(C) is added to provide tion of a domestic support obligation into imum five year period allowed for a plan in for the withholding of income from property the existing provision which subjects other- Chapters 12 and 13. However, since these of the debtor or from property of the estate wise exempt assets to debts for non- debts will not be discharged in any event, for the payment of a domestic support obli- dischargeable taxes and support obligations. the debtor will be given a substantial incen- gation. In this provision Congress has di- This section expands this principle to pre- tive to propose and complete such a plan. vested the bankruptcy court of exclusive ju- empt state law and specifically provides that 3. A plan under Chapters 11, 12, and 13 may risdiction over the bankruptcy estate to the under federal law such exempt property must not be confirmed unless the debtor has re- extent a debtor’s wages are estate property. be made available to satisfy a domestic sup- mained current in the payment of all support Under prior law such withholding would have port obligation, notwithstanding state law first becoming due postpetition. Nor can a been allowed only if it were determined that to the contrary. The purpose of this provi- debtor in a Chapter 12 or 13 case obtain a dis- the debtor’s income was no longer property sion is to nullify the Fifth Circuit en banc charge unless all support becoming due of the estate. This section specifically allows holding in Matter of Davis, 170 F.3d 475 (5th postpetition has been paid. These provisions the use of estate property to pay support Cir. 1999), and to reinstate the holding of the are designed to be self-executing, at least to through the wage withholding process with- original Fifth Circuit panel.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.062 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11707 Section 522(f)(1) allows a debtor to avoid ings plans allowed to be exempt from current Qualified State Tuition Programs are pulled judicial liens on exempt property, but con- income taxation under the Internal Revenue into the bankruptcy estate of the debtor be- tains an exception for liens which secured Code. It provides protection from creditors’ cause of certain rights of the donor. unassigned child support. This section ex- claims for tax-favored retirement plans or Therefore, with certain exceptions, section tends this exception to domestic support ob- arrangements which are not already pro- 225 excludes from a debtor’s bankruptcy es- ligations. Therefore, any judicial lien placed tected from creditors’ claims under current tate funds and earnings on such funds con- on the debtor’s property which secures a sup- law. The section carries no implication that tributed to an account established pursuant port related obligation, whether assigned or the protection from the bankruptcy estate to a qualified state tuition program under not, may not be avoided even though the lien afforded to plans by virtue of section 541 of Section 529 of the Internal Revenue Code of impairs the exemption to which the debtor the Bankruptcy Code as applied in the 1986, as amended (‘‘IRC’’). The funds in these would otherwise have been entitled. Shumate decision, and the line of cases fol- accounts may be used for qualified higher Section 217. Protection of domestic support lowing that decision, or by any provision of education expenses (including tuition, fees, claims against preferential transfer motions the Bankruptcy Code or other state or fed- books, supplies and room and board) of a des- ignated beneficiary of the debtor and cannot Section 547(c)(7) previously barred the eral law that protect plan assets from credi- be transferred to any person other than a trustee from recovering, as a preferential tors, is in anyway reduced. This amendment qualified family member without adverse transfer, bona fide payments of an unas- to the Bankruptcy Code is in accordance federal tax and other consequences. Section signed support obligations. This section ex- with longstanding Congressional policy of 225 would only permit exclusion from the tends this exception to all domestic support conserving and preserving plan assets for use bankruptcy estate funds in qualified state obligations. as retirement security for participants in their retirement years. As such, it is in- tuition programs for a restricted group of Section 218. Disposable income defined tended to be in addition to the protections designated beneficiaries, limited to children This section adds language to the dispos- provided by current law and is not in any and grandchildren (including step-children able income test under chapters 12 and 13. way intended to supplant or supercede pro- and step-grandchildren). The provision rec- The language added to chapter 13 simply re- tections which exist in current law. ognizes that adopted and foster children fall peats language already added by section 102 Section 224 covers plans that have received into this category and that ‘‘step-grand- of this Act. determination letters from the Internal Rev- child’’ is intended to include both the step- Section 219. Collection of child support enue Service as well as plans, such as public child of the debtor’s child as well as the child This section improves the information plans, that have not received such letters of the debtor’s stepchild. This provision makes clear that, subject to available to child support and alimony but are intended to be operated in accord- certain requirements, contributions to these claimants when the person who owes support ance with ERISA and or Internal Revenue accounts are not to be pulled into the debt- or alimony files for bankruptcy. In those Code, as applicable. It also covers plan assets or’s estate for bankruptcy purposes. All con- cases, the chapter 7, 11, 12 or 13 trustee is to in transit such as when they are directly tributions and earnings thereon are thus pro- provide both the support claimant and the transferred by a plan administrator to a plan tected except: (1) contributions made to a State child support collection agency with sponsored by another employer or to an Indi- program less than 365 days before the date of information about the filing, and inform the vidual Retirement Account. The same pro- filing the bankruptcy petition; or (2) con- claimant about the availability of free or tection is provided when the plan assets are tributions in excess of $5000 made to a pro- low cost collection services through the distributed directly to an employee upon ter- gram less than 720 days before filing the State agency. Additionally, when the debtor mination of employment and within 60 days bankruptcy petition. is discharged, the trustee is to notify the of the distribution of the employee transfers Section 225 includes similar provisions ex- claimant and the State agency of the fact of the distributed amount in another qualified tending protection to funds placed in edu- the discharge and certain information about retirement plan or into an Individual Retire- cation individual retirement accounts, as de- the location of the debtor. If a debt has been ment Account. fined in Section 530 of the Internal Revenue determined to be nondischargeable or is re- In addition, the Section provides that if Code. affirmed, the trustee is also to notify the there is an outstanding pension plan loan to claimant and the State agency of the name a participant at the time of bankruptcy fil- Sections 226–229. Debtor’s bill of rights of the creditor affected. Creditors whose ing such loan is not to be discharged or a These four sections, derived from federal names are the subject of a notification are stay issued on any withholdings from the law regulating credit repair agencies, pro- required, when asked, to provide the last wages of the debtor that are being used to vide for new disclosures and restrictions on known address of the debtor. make level repayments of the loan. A stay of practices with which bankruptcy petition the withholding would result in a default and preparers, attorneys and anyone else who Section 220. Nondischargeability of certain edu- under the ERISA rules cause the amount of meets the definition of a debt relief agency cational benefits and loans the unpaid balance to become taxable in- must comply. Congress was concerned that This provision makes certain student loans come. The ensuing tax liability would take debtors who file bankruptcy be better in- offered by non-governmental creditors non- precedence over unsecured creditors’ claims. formed about the nature and scope of bank- dischargeable. A plan loan is actually a special nontaxable ruptcy, the different remedies that are avail- Section 221. Amendment to discourage abusive distribution which the participant is ex- able, and the significance of the step they bankruptcy filings pected to return to the plan. are taking, so that they can both better This provision inserts strong new regula- Under the asset limitation provision of evaluate it, better understand what is going tion of bankruptcy petition preparers. It is this section, the maximum amount exempt to happen, and better protect themselves. It intended that this regulation be strongly en- for bankruptcy purposes in an IRA or Roth/ is also the intent that debtors be better able forced. IRA, other than a simplified employee pen- to negotiate with their attorneys about fees Section 222. Sense of Congress sion under section 408(k) of the Internal Rev- and services provided. For example, provi- enue Code or a simple retirement account sions require that debtors be clearly in- The sense of Congress is expressed that under 408(p) of the Internal Revenue Code, is formed about what services an attorney will States should develop courses on personal fi- limited to $1,000,000, excluding rollover con- provide the debtor and for what fee. nances for use in primary and secondary edu- tributions under 402(c), 402(e)(6), 403(a)(4), Bankruptcy petition preparers must com- cation. Consumer credit has become widely and 403(a)(5) of the Internal Revenue Code, as ply with these provisions as well as those im- available in our economy. Congress considers well as earnings thereon. The $1,000,000 max- posed under the Code and section 221 of HR it to be of the greatest importance that edu- imum amount is subject to adjustment under 2415. cational programs like those sponsored and section 104 of the Code. In addition, the promoted by the Jump Start Coalition of Section 226. Definitions $1,000,000 maximum amount is subject to in- governmental and private entities be encour- This section defines various terms, includ- crease if the interests of justice so require. aged. By educating children when they are ing who is an ‘‘assisted person’’, what is young in the basics of personal financial Section 225. Protection of Education Savings ‘‘bankruptcy assistance’’, and who is a ‘‘debt management, inappropriate use of consumer Section 225 protects certain educational relief agency’’. It is intended that these pro- credit can be reduced, and better ability of savings in the event of bankruptcy. Qualified visions be broadly interpreted since they de- average citizens to manage financial crises State Tuition Programs represent a joint ef- fine the scope of the protections which debt- can be promoted. fort by the federal government and the ors receive under the related provisions. Au- Section 223. Additional amendments states to encourage saving for post-sec- thors, publishers, distributors or sellers of ondary education. Congress has expressed a works subject to copyright protection when This section provides a new 10th priority clear interest in encouraging the post-sec- acting solely as such an author, publisher, under section 507 of the Bankruptcy Code for ondary education of children by permitting distributor or seller are excluded from the claims based on driving while intoxicated individuals to save exclusively to cover the definition. Thus an attorney who writes a under influence of drugs. expenses of higher education through Quali- book on how to file bankruptcy is not a debt Section 224. Protection of retirement savings fied State Tuition Programs on a tax-favored relief agency when promoting or selling the This provision broadens the exemptions for basis. However, Congressional interest in copyrighted book. But when that same attor- retirement savings available under present promoting saving for post-secondary edu- ney represents debtors filing petitions, the law to cover all forms of pensions and sav- cation would be frustrated if accounts in attorney is a debt relief agency because no

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.064 pfrm02 PsN: S07PT1 S11708 CONGRESSIONAL RECORD — SENATE December 7, 2000 longer acting in the capacity of an author, or can expect. The agency must also instruct cured creditor with respect to the current even if he gives his clients a copy of the the debtor in how to value assets, how to and all subsequent cases to which the auto- book. complete the list of creditors, and how to de- matic stay would otherwise apply if the Section 227. Restrictions on Debt Relief Agen- termine exempt property. Record keeping re- court finds that the filing of a bankruptcy cies quirements are imposed upon the agency to was either part of a scheme to delay, hinder, This section creates a new section 526 of keep copies of the notices required under and defraud creditors by means of transfer- the Code which proscribes certain practices this section for a period of 2 years after de- ring all or part of an interest in real prop- by debt relief agencies and provides for en- livery. It is expected that the Bankruptcy erty without the secured creditor’s consent forcement of violations of this section and Rules will provide model forms of disclosure or court approval, or involved multiple new Code sections 527 and 528. and specify further the time and manner in bankruptcy filings affecting real property. Enforcement is provided for any violations which these disclosures will be made. Once such an order is issued, it can be re- of new Code section 526, 527 or 528. Inten- Section 229. Requirements for debt relief agen- corded by anyone in the real property tional or negligent failures to comply with cies. records affecting the real property involved, any requirements of the three sections per- This section creates a new section 528 of and recording agencies must accept for re- mit the debtor to obtain restitution of any the Code that regulates agencies’ con- cording and record and index any such order fees or charges made by the agency, as well tracting and advertising. The agency is re- so that it will be notice to third parties. as actual damages and reasonable attorneys quired to execute a written contract with Such a recorded order is notice to third par- fees. The same damages are available for in- the assisted person within 5 business days ties for 2 years after recording. The court tentional or negligent disregard of the mate- (but before the petition is filed) of providing can reimpose the automatic stay in a subse- rial requirements of the Bankruptcy Code or any bankruptcy assistance, and provide the quent case after appropriate notice and hear- Rules. Any contract for bankruptcy assist- person with an executed copy. If the agency ing if good cause or changed circumstances ance that does not comply with the material does not execute a contract within that pe- are shown. requirements imposed is void, except that riod of time, it must terminate its relation- In addition, the automatic stay does not the assisted person can enforce it. State at- ship with the assisted person. apply at all to prevent acts to enforce secu- torney generals are also empowered to en- The agency must also disclose in any ad- rity interests in real property if the debtor is force the provisions of these sections, and vertisement that the services or benefits are ineligible for bankruptcy under section the United States District Court are granted with respect to bankruptcy relief. Congress 109(g) or the filing violates a court order in concurrent jurisdiction of any such enforce- is specifically concerned that debtors under- a previous case baring the debtor from re- ment proceeding. The court, the United stand the services they are being offered in- filing. States Trustee or the debtor may also seek volve bankruptcy. This section is intended to injunctive relief or civil penalties against in- Section 304. Debtor retention of personal prop- prevent agencies from describing their serv- tentional violators or those with a clear and erty security ices ambiguously so as to obscure that the consistent pattern or practice of violation of assisted person will be obtaining bankruptcy This provision is intended to prevent ‘‘ride any of these sections. The section also provides that its require- relief. A standard form of disclosure that the through’’ in the situations to which it ap- ments in new sections 527 and 528 do not ex- services are with respect to bankruptcy re- plies. A ‘‘ride through’’ is the debtor’s reten- cuse any person from complying with State lief is set forth in the section. tion of collateral and maintenance of cur- laws unless the State law is inconsistent TITLE III—DISCOURAGING BANKRUPTCY ABUSE rent payment obligations over the creditor’s objection without reaffirming. This section with those sections. Also specifically pre- Section 301. Reinforcement of the fresh start and section 305, taken together, are intended served from preemption are any practice of Present law makes nondischargeable any law requirements under State or federal law to reverse the results of such cases as Capital fee or charge imposed by a court for filing a Communications Fed. Credit Union v. Boodrow, if they conflict with the requirements of sec- case, motion, complaint or appeal or related tions 526, 527 or 528 added to the Code. It is 126 F. 3d 43 (2d Cir. 1997) cert denied, 522 U.S. costs or expenses. This section restricts the 1117 (1998). not expected that any of these new sections provision so that it applies only to matters Under this provision, an individual debtor will impose upon debt relief agencies re- filed by a prisoner. quirements that would force them to violate is not permitted to retain possession of per- applicable unauthorized practice of law re- Section 302. Discouraging bad faith repeat fil- sonal property subject to a security interest strictions. For example, providing the disclo- ings securing the purchase price of that personal sures under section 527 should not be the This section is intended to strongly limit property unless the debtor enters into a reaf- practice of law, since the content of the dis- the practice of using bankruptcy filings and firmation agreement which becomes effec- closure is set by federal law and does not in- the automatic stay that arises under section tive under section 524(c) of the Code, or re- volve giving a debtor advice. For similar rea- 362 to abuse the bankruptcy process. Debtors deems the property under section 722 of the sons, the additional information debt relief who file bankruptcy only once in a one year Code. The debtor is given 45 days after the agencies are required by section 527(c) with period will not be affected. However, upon a first meeting a creditors to take one of those respect to valuation of assets, completion of second filing within one year, the automatic two steps or to relinquish possession of the the list of creditors and exempt property stay will terminate with respect to the debt- personal property to the creditor. If the should not involve giving legal advice. How- or or the debtor’s property on the 30th day debtor fails to complete one of the steps ever, in the event applicable unauthorized after the second filing. The debtor can seek within the prescribed period, the automatic practice rules proscribe non-lawyers from to have the automatic stay continued by fil- stay is terminated with respect to the prop- providing such information, the provision ing a motion and demonstrating that the erty whether it is property of the estate or states that it is only required to the extent second filing is in good faith, but there is a not, and the creditor may take whatever ac- permitted by nonbankruptcy law. presumption that under certain cir- tion as to the property as is permitted by ap- Section 228. Disclosures cumstances the second filing is not in good plicable nonbankruptcy law. Although the faith. automatic stay ends upon the expiration of This section creates new Bankruptcy Code Upon the third or an additional filing with- the 45 day period, a creditor is free to allow section 527 which requires a debt relief agen- in a one year period, the automatic stay does a debtor to retain possession of collateral cy to deliver to an assisted person required not go into effect at all. On motion made and accept continued payments by not tak- disclosures either described or set forth in within 30 days of the third filing, the court ing any actions to collect, since this provi- the section. Within 3 business days after the may order the stay to take effect as to some sion is for the creditor’s benefit. agency first offers to provide bankruptcy as- or all creditors. The party in interest must sistance in a written, face to face, telephone, However, the trustee can bring a motion demonstrate that the third filing is in good internet or similar solicitation or contact, before the end of the 45 day period asserting faith, and there is a presumption that under the agency must provide, the agency must that the property is of consequential value certain circumstances the third filing is not provide a clear and conspicuous written no- or benefit to the estate. If the court finds in good faith. tice which states that the information the that the retention of the property will ben- Clear and convincing evidence must be pre- assisted person provides in the bankruptcy efit creditors significantly, orders appro- sented in order to rebut the presumptions proceeding must be complete, accurate and priate adequate protection of the creditor’s which arise both with respect to the second truthful, assets and liabilities must be com- interest, and orders the debtor to deliver the and third or later filings. pletely and accurately disclosed and assets property to the trustee, the court may ex- Conduct covered by this section may also must be valued and income and expenses tend application of the stay for a further rea- provide an appropriate ground to dismiss a stated after reasonable inquiry, and that in- sonable time to permit the trustee to obtain chapter 7 under section 707(b) as revised by formation provided may be audited. Before the benefit for the estate. HR 2415. the commencement of the case, the agency The section also amends section 722 to must provide the debtor with the notice re- Section 303. Curbing abusive filings make it absolutely clear that the full, com- quired under section 342(b)(1) (as amended by This provision authorizes in rem orders to plete and immediate cash payment of the re- this Act) and an additional disclosure set prevent abusive use of bankruptcy filings. demption amount to the creditor is nec- forth in the section which explains the bank- The bankruptcy court is authorized to order essary for there to be a redemption. Install- ruptcy process and relief and what the debt- that the automatic stay be lifted as to a se- ment redemptions are not permitted.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.066 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11709 Section 305. Relief from the automatic stay section 502 without application of section chapter 13 to chapter 7, the debtor does not when the debtor does not complete intended 506. Thus, if the debt was incurred within 5 retain any benefits of the chapter 13 case surrender of consumer debt collateral years prior to filing and the collateral con- with respect to any secured creditor, unless Like the previous section, this section is sists of a motor vehicle acquired for the per- the full amount of the secured creditor’s also intended to prevent ‘‘ride through’’ with sonal use of the debtor, the value of the col- claim determined under nonbankruptcy law respect to any property the section covers. lateral cannot be reduced to the current fair has been paid in full, and unless a Any personal property of the estate or of the market value and therefore the amount the prebankruptcy default has been fully cured debtor securing a claim or subject to an un- plan must pay under section 1325(5)(B)(ii) prior to conversion. If a debtor converts from expired lease is covered by the section, and over the duration of the plan must be the chapter 13 to another chapter and then con- in certain instances creditors will be pro- amount of the allowed claim under section verts to chapter 7, the courts should impose tected by both this section and the previous 502 rather than the allowed secured claim similar limitations. Second, provision is made to allow a debtor section, in which case the provisions can be under section 506. A similar result applies for any other personal property if the debt was and creditor to arrange for the debtor to as- applied cumulatively. sume a personal property lease rejected or The section provides that the automatic incurred during the one year period pre- not timely assumed by a trustee. On the stay terminates if the debtor fails to timely ceding the filing. Third, terms used in section 1322(b)(2) other hand, in a chapter 11 or 13 proceeding, (1) file a statement of intention covering the if the plan does not provide for assumption which limits cramdown of certain real estate property indicating that the debtor will ei- of the lease, the lease is deemed rejected as mortgages are defined to make clear that a ther redeem the property under section 722 of of the conclusion of the hearing on confirma- debt secured by real estate which is the debt- the Code, reaffirm the debt it secures under tion and the automatic stay automatically or’s principal residence includes any 1 to 4 section 524(c) of the Code, or assume an un- terminates. expired lease under section 365(p) of the Code family structure, including incidental prop- Third, in a chapter 13 proceeding, a debt- (as amended by HR 2415), or (2) take the ac- erty, without regard to whether the struc- or’s plan must provide that the debtor will tion specified in the statement of intention ture is attached to real estate, and includes make monthly payments if there are to be (unless the statement of intention specifies condominium or cooperative units and mo- periodic payments to a personal property se- reaffirmation and the creditor refuses to re- bile or manufactures homes or trailers. Inci- cured creditor or personal property lessor re- affirm on the original contract terms). Al- dental property includes any property com- ceiving distributions under the plan, and though the automatic stay ends upon the ex- monly conveyed with a principal residence in those payments must at least be in an piration of the period for taking action, a the area where it is located. amount sufficient to provide adequate pro- creditor is free to allow a debtor to retain This provision is intended to reject those tection. This provision, however, is not in- possession of collateral and accept continued cases which have allowed cramdown of real tended to lessen any of the other protections payments by not taking any actions to col- estate mortgages on the grounds that the se- of secured creditors or lessors provided in lect, since this provision is for the creditor’s curity property is not a ‘‘principal resi- the Bankruptcy Code. benefit. dence’’ or covers property which is not real In addition, debtors are required to con- However, as with the previous section, the estate, simply because the property included tinue to make payments to creditors holding trustee can bring a motion before the end of multi-family housing, or the mortgage en- claims secured by personal property and to the period set by section 521(a)(2) asserting cumbered incidental property, or covered personal property lessors from 30 days after that the property is of consequential value less traditional forms of housing such as con- the order for relief. These payments are to be or benefit to the estate, and on similar find- dominiums, coops or mobile homes or trail- made directly to the creditor or lessor, and ings, the court may extend application of the ers. the amount of plan payments which the stay for a further reasonable time to permit Section 307. Domiciliary requirements for exemp- debtor must make can be reduced by the the trustee to obtain the benefit for the es- tions amount paid to the creditors or lessors. The tate. debtor must provide an accounting of these This provision limits the state exemptions payments to the chapter 13 trustee. In addition, this section validates certain which debtors can enjoy in bankruptcy when Section 310. Luxury goods clauses which have the effect of placing the they have moved into a state within two debtor in default by reason of the occur- years of filing. If a debtor has lived for 2 or This section provides that certain debts rence, pendency or existence of a proceeding more years in a State immediately prior to are presumed to be nondischargeable under section 523(a)(2)(A) of the Bankruptcy Code. under this title, or the insolvency of the filing, the debtor can use the exemptions al- Under section 523(a)(2)(A), a debt is non- debtor. lowed by the state where the debtor resides dischargeable when it is incurred, among Section 306. Giving secured creditors fair treat- under section 522 of the Code. If the debtor other things, by fraud. For example, fraud ment in chapter 13 has lived in a state for less than 2 years at can occur when a cardholder misrepresents This provision changes the relationship of the time of filing, then the debtor must use his or her intentions by using a credit card secured creditors and debtors in certain situ- the State exemptions of the State where the when the objective facts show that the card- ations arising in chapter 13 proceedings. debtor lived 2 years prior to filing if the holder did not or could not intend to repay. First, in order for a debtor’s plan to be debtor lived there all of the 180 days which This bill provides that if a debtor incurs confirmed, it must provide that a creditor’s precede that 2 year period. If the debtor lived debts to a single creditor aggregating for lien will continue until the earlier of pay- in more than one State during that 180 day purchases on a credit card of more than $250 ment of the underlying debt under nonbank- period, the State exemptions of the State for luxury goods or services within 90 days of ruptcy law or the grant of discharge under where the debtor lived the longest during filing for bankruptcy, such debt is presumed section 1328. Nothing in this provision is in- that period will control. to be nondischargeable. This provision recog- tended to alter other requirements for con- If a debtor has to use a particular State’s nizes that debtors may use open end credit firmation. Thus if a secured debt will not be exemptions, the law of that State also deter- to purchase goods and services necessary for fully paid before the end of the plan, this mines whether the debtor can elect to use the support of the debtor shortly before provision does not authorize a plan to pro- the federal exemptions available under sec- bankruptcy, while identifying presumptively vide that the lien terminate upon discharge. tion 522(d) of the Code. abusive behavior which warrants making the Moreover, the plan must provide that if Section 308. Residency requirement debt nondischargeable such as purchasing a the case is dismissed or converted without Any home equity acquired within the 7 significant amounts of items or services not completion of the plan, the creditor will re- years prior to filing is not exempt if: (1) such necessary for the support of the debtor (i.e. tains the lien to the full extent permitted by equity was attributable to property that the luxury goods and services). nonbankruptcy law. It is intended that any A related provision is included with regard debtor disposed of with the intent to hinder, benefits debtors obtain under a plan as to cash advances. Cash advances under open- delay, or defraud a creditor; and (2) such against their secured creditors will be lost end credit plans aggregating more than $750 property was not an exempt asset. For exam- unless the debtor fully completes the plan. within 70 days of filing for bankruptcy are ple, if a debtor disposes of cash, a non-ex- In the event a debtor’s case is discharged presumed to be nondischargeable. This lan- empt asset, by exchanging that cash for a under the hardship discharge provisions guage is carefully drafted to require the ag- residence with the intention of delaying the without completion of the plan, the credi- gregation of all cash advances within 70 days payment of a creditor, such residence would tor’s lien nonetheless survives unaffected by of filing, even if they involve more than one not be exempt from the bankruptcy estate. the bankruptcy to the extent permitted by creditor. Furthermore, there is no require- It is the intent of Congress that it should be nonbankruptcy law. ment to demonstrate that the cash advances Second, the extent to which claims secured easier to prove intent to hinder or delay were for ‘‘luxury goods’’ since such a require- by purchase money security interests in per- than to prove intent to defraud. ment would be virtually impossible to fulfill sonal property are subject to cramdown to Section 309. Protecting secured creditors in given the difficulty of accounting for cash. fair market value is limited. It is intended chapter 13 cases The behavior itself is sufficient indicia of that cramdown not apply to any collateral This provision adjusts the relationship of abuse. described in this provision during the periods debtors to lessors and secured creditors in Section 311. Automatic stay of time specified, and that the amount of the bankruptcy proceedings. This section provides that the automatic claim which must be paid under the plan be First, it amends section 348(f) to assure stay under section 362 will not apply in sev- the full amount of the claim allowed under that when a debtor converts a case from eral situations in which residential tenants

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.068 pfrm02 PsN: S07PT1 S11710 CONGRESSIONAL RECORD — SENATE December 7, 2000 file for bankruptcy. First, the automatic for notice by filing a statement to that effect many bankruptcy courts have already estab- stay will not bar the continuation of an evic- with the court, the court and the debtor are lished a general practice of dismissing cases tion action pending when the debtor files for required to use such an address starting five when debtors fail to provide all required in- relief. Second, eviction proceedings com- days after receiving the address. A creditor formation within 15 days of filing, unless menced after filing are not barred by the may file a notice address with the court to good cause for additional time is shown. automatic stay if the lease has terminated be used generally by the court, parties in in- Nothing in this provision is intended to before or after filing of bankruptcy. Third, terest and the debtor to provide notice to the interfere with such requirements. However, the automatic stay also will not bar eviction creditor in all cases under chapters 7 and 13. if an individual debtor after such extensions proceedings based on endangement to prop- In the event a creditor has provided different as the court may grant, has not filed all of erty or person or the use of illegal drugs, or notice addresses by more than one of the per- the information required by section 521(a)(1) to any transfer that is not avoidable under mitted methods, a debtor may use any one of within 45 days of filing a petition, the case is sections 544 or 549 of the Code. them, except that a notice address filed in a automatically dismissed. On request of the Section 312. Extension of period between bank- particular case shall control. debtor made before 45 days after filing, the ruptcy discharges Notices which are not sent to the appro- court may grant up to 45 days additional The period of time which must elapse be- priate address as specified by the creditor time for the debtor to file schedules. Once tween bankruptcies is increased by this pro- are not effective until the notice is brought the time period provided under this section vision. When a chapter 7 proceeding is in- to the creditor’s attention. If the creditor elapses, the court must enter an order of dis- volved, the period is increased from six to has designated an entity to be responsible missal within 5 days of request. eight years. Furthermore, a chapter 13 dis- for receiving notices concerning bankruptcy Section 317. Adequate time to prepare for hear- charge cannot be granted if the debtor re- cases and has established reasonable proce- ing on confirmation of the plan ceived a discharge under any chapter of title dures so that these notices will be delivered A hearing on confirmation of a chapter 13 11 within 5 years of the order for relief in the to such entity, a notice will not be deemed plan must be held between 20 and 45 days chapter 13 case. to have been received by the creditor until it after the first meeting of creditors. If a plan Section 313. Definition of household goods has been received by the designated entity. cannot be confirmed within that period, the Sanctions for violation of the automatic Section 522(f) of title 11 permits a debtor to court should take appropriate action to dis- void a non-purchase money security interest stay under section 362 of the Code or for the miss or convert the case. in certain categories of goods if the property failure to comply with the turnover provi- Section 318. Chapter 13 plans to have a 5-year subject to the security interest is otherwise sions in sections 542 and 543 of the Code may duration in certain cases exempt in the debtor’s case. One of the cat- not be imposed if a creditor has not received If a debtor’s current monthly income is egories is ‘‘household goods’’. This section is proper notice. more than the monthly median income, the intended to clarify what this term means so Tax Return Information.—The section also debtor’s plan must be no shorter than 5 that there can be a nationwide, uniform requires debtors to provide certain tax re- years, unless the debtor proposes and con- standard for what can be included in this turn information. By no later than 7 days be- firms a plan which provides for payment in category, and so that debtors and creditors fore the date first set for the first meeting of full of all creditors within a shorter period. alike can know whether a loan is truly se- creditors, a debtor must provide the trustee, The same rules apply to modifications. without any prior request, the debtor’s tax cured or unsecured. It is expected that the Section 319. Sense of Congress regarding expan- return or transcript, or the case will be dis- additional clarity will assist debtors in ob- sion of rule 9011 of the Federal Rules of missed unless the debtor can show that the taining the lowest price available for this Bankruptcy Procedure type of secured credit. failure to file a return is due to cir- cumstances beyond the control of the debtor. It is the sense of Congress that Rule 9011 Section 314. Debt incurred to pay nondischarge- Such circumstances would include that the should be applied to the schedules and other able debts debtor did not file a return for the period re- documents filed with the court. If a claim arises from payment of a tax to quired, but not that the debtor could not find Section 320. Prompt relief from stay in indi- a governmental unit other than the United the return unless the debtor in addition vidual cases States and the tax that was paid would be showed that a significant, diligent and time- Relief from stay proceedings must be fi- nondischargeable under section 524(a)(1), ly effort had been made to obtain at least nally decided within 60 days after relief is re- then the debt incurred to pay the tax is also the transcript of the return from the Inter- quested, unless the parties agree to the con- nondischargeable. nal Revenue Service and it was not forth- trary, or the court for good cause finds it is Section 315. Notice to creditors coming. A transcript is a computer gen- necessary to do so, but then only for a speci- This section changes the requirements for erated line by line statement of debtor sup- fied period of time. Otherwise, the stay auto- providing notice to creditors and also plied information with respect to a tax re- matically expires as to the requesting cred- changes what information they must provide turn which the Internal Revenue Service will itor. in the schedules or otherwise as part of a provide any tax return filer on request. Section 321. Chapter 11 cases filed by individ- bankruptcy filing. Once such information is provided the uals Notice.—This section is intended to ensure trustee, creditors in chapter 7 and 13 cases This section changes some chapter 11 pro- that creditors receive actual, meaningful, can obtain it by request to the trustee or visions to bring the chapter more closely and timely notice of bankruptcy filings. through the procedure set forth for creditors into conformance with chapter 13 when the In order to ensure proper processing by a to obtain copies of the petition and schedules creditor, debtors will need to include the ac- debtor is an individual. from the court. It is intended that the trust- First, the property of the estate is ex- count number in any required notice to a ee and the court will make arrangements for panded from present law to include all prop- creditor with respect to any debt owed to the tax return information the debtor pro- erty and earnings acquired between the time such creditor. Furthermore, any notice re- vides to be made available to the court to of filing and the closing, dismissal or conver- quired to be given by the debtor to the cred- satisfy creditor requests. Creditors can also sion of the case. Such property is placed itor must be done so at an address specified request the tax return directly, in which under the supervision of the court and is pro- by the creditor. Creditors will be required to case the debtor must provide it directly to tected by the automatic stay. Second, what include the account number and appropriate the creditor or the case will be dismissed, may be included in a plan is expanded to per- address in the last two communications sup- subject to limitations already discussed. mit the debtor to subject future earnings and plied to the debtor within the 90–day period Debtors are also required to provide tax re- income to the plan. Third, the individual prior to filing for bankruptcy. However, if turns with respect to the period after filing, debtor’s plan must provide either that it will any legal requirement impedes the creditor’s or with respect to pre-filing periods if they pay each claim in full or that at least the ability to communicate with the debtor at are filed with the taxing authorities after debtor’s disposable income over the first 5 any point during the 90–day period prior to bankruptcy filing. The Director of the Ad- years of the plan is paid to unsecured credi- filing, the creditor’s burden will be satisfied ministrative Office of United States Courts tors. Fourth, in an individual case, the dis- if the appropriate information was included is to develop procedures for safeguarding pri- charge is not granted until completion of on its last two communications with the vacy of these returns, and to make a report payments under the plan. Provision is made debtor. For purposes of this section, the to Congress no later and one and one half for a hardship discharge. Fifth, modifica- creditor’s communications with the debtor years after enactment on the effectiveness of tions of a plan are subject to the same re- are those which deal specifically with an in- these procedures. quirements as an original plan. dividual debt. ‘‘Communications’’ do not in- Other information. Debtors are required to Section 322. Limitation clude promotional material or other commu- provide certain other information, including The state law homestead exemption is lim- nications that do not pertain specifically to ongoing income and expense information, in ited to a maximum of $100,000 for the home a debtor’s debt to the creditor. certain circumstances. Language in the Bankruptcy Code which equity acquired within the 2 years prior to states that failure to include the specified Section 316. Dismissal for failure to timely file filing. Amounts acquired within the 2-year information in a notice does not invalidate schedules or provide required information period that exceed $100,000, are not exempt the legal effect of such notice is deleted. The Fed. R. Bankr. Pro. already provide from the bankruptcy estate. Amounts of Furthermore, if a creditor in an individual that schedules must be filed within 10 days home equity acquired prior to the 2-year pe- chapter 7 or 13 case has specified an address of filing unless an extension is granted, and riod are not subject to the $100,000 cap, but

VerDate 06-DEC-2000 04:08 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.069 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11711 are subject to the relevant state law home- Section 402. Meetings of creditors and equity se- Instead, in the Learningsmith case, the stead exemption. For this purpose, equity ac- curity holders judge allowed the assignment of the lease to quired in a principal residence prior to the 2– This section gives the court the authority, a candle retailer because it offered more year period and rolled over into another for cause, not to convene a meeting of credi- money than an educational store to buy the principal residence after the 2-year period is tors if there is a prepackaged plan of reorga- lease, in contravention of Section 365(b)(3) of not subject to the $100,000 cap, but is subject nization. This would save time and expenses the Code. As a result, the lessor lost control to the relevant state law homestead exemp- in those instances where the court deter- over the nature of its very business, oper- tion. This rollover provision does not apply mines there would be little or no meaningful ating a particular mix of retail stores. If to the sale of a principal residence in one benefit to be derived from a creditors meet- other retailers file for bankruptcy in that state and the purchase of another principal ing. shopping center, the same result can occur. residence in another state. Section 403. Protection of refinance of security The bill remedies this problem by amending Section 323. Excluding employee benefit plan interest Section 365(f)(1) to make clear it operates participant contributions and other prop- This provision alters the preference provi- subject to all provisions of Section 365(b). erty from the estate sions of section 547 of the Bankruptcy Code The legal holding in the Learningsmith case, Amounts which have been withheld from with respect to when a transfer is made for and other cases like it which do not enforce wages of employees for payment as contribu- the purposes of that section. A transfer is Section 365(b), particularly 365(b)(3), are tions to retirement plans or health insurance deemed made at the time it takes effect if it overturned. Thus, this section adds language to Sec- plans, or received from employees for pay- is perfected within 30 days after it takes ef- tion 365(f)(1) for the purpose of assuring that ment over to such plans are not property of fect between the parties. Present law pro- Section 365(f) does not override any part of the estate. It is not intended that this provi- vides only a 10 day period. Section 365(b). The section provides that in sion will affect money which has been paid Section 404. Executory contracts and unexpired addition to being subject to Section 365(c), over and received by the respective plans for leases Section 365(f) is also subject to section 365(b) the purposes the withholding or contribu- HR 2415 cures some abuses in the Bank- which is to be given its full effect. tions have been made. ruptcy Code regarding executory contracts Section 324. Exclusive jurisdiction in matters in- and unexpired leases. HR 2415 amends Sec- Section 405. Creditors and equity security hold- volving bankruptcy professionals tion 365(d)(4) of the Bankruptcy Code. It im- ers committees This section gives the district court exclu- poses a firm, bright line deadline on a retail This section is intended to permit small sive jurisdiction of any property of the debt- debtor’s decision to assume or reject a lease, business interests to obtain representation or as of the commencement of the case, of absent the lessor’s consent. It permits a on creditors’ committees even though no property of the estate, and of all claims that bankruptcy trustee to assume or reject a small business would otherwise be selected involve construction of section 327 (on em- lease on a date which is the earlier of the under the standards for selecting members of ployment of professional persons) or disclo- date of confirmation of a plan or the date creditors’ committees in the present Bank- sure rules under that section. which is 120 days after the date of the order ruptcy Code. Bankruptcy judges are given for relief. A further extension of time may be discretion to increase the size of a creditor’s Section 325. United States Trustee Program fil- granted, within the 120 day period, for an ad- committee to place a small business concern ing fee increase ditional 90 days, for cause, upon motion of on the committee as a fully voting member This section changes the filing fees for the trustee or lessor. Any subsequent exten- if the court determines that the small busi- chapter 7 and 13 cases, and changes the shar- sion can only be granted by the judge upon ness creditor holds claims the aggregate ing percentages with respect to such fees. the prior written consent of the lessor: ei- amount of which is disproportionately large Section 326. Sharing of compensation ther by the lessor’s motion for an extension, in comparison to the annual gross revenue of Section 504 of the Bankruptcy Code re- or by a motion of the trustee, provided that that creditor. Congress intends that this stricts the extent to which those being paid the trustee has the prior written approval of standard be liberally applied in favor of a compensation or reimbusement in a bank- the lessor. This provision is designed to re- small business concern. For example, a claim ruptcy case may share such compensation or move the bankruptcy judges’ discretion to that was more than 5% of the net profit after reimbursement. This section creates an ex- grant extensions of the time for the retail taxes and debt service of the small business ception from those rules to permit bona fide debtor to decide whether to assume or reject concern would be disproportionately large, public service attorney referral programs op- a lease after a maximum possible period of since if the claim is not paid, it would cause erating in accordance with non-Federal law 210 days from the time of entry of the order a 5% reduction in profitability, often the dif- regulating attorney referral services to share of relief. Beyond that maximum period, ference between success and failure for a such compensation or reimbursement. there is no authority in the judge to grant small business. Section 327. Fair valuation of collateral further time unless the lessor has agreed in Section 406. Amendment to section 546 of title 11, writing to the extension. United States Code This section is intended to make clear that HR 2415 also amends Section 365(f)(1) of the Section 407. Amendment to section 330(a) of title when value is determined under title 11, it Bankruptcy Code to make sure that all of 11, United States Code shall be determined based solely upon what the provisions of Section 365(b) are adhered Section 408. Postpetition disclosure and solicita- it would cost the debtor to purchase a re- to and that Section 365(f) does not override tion placement considering the age and condition Section 365(b). Congress made clear, in Sec- of the property, without deductions for other This provision permits post-petition solici- tion 365(b)(1), that the trustee may not as- tation of a prepackaged plan of reorganiza- costs or expenses of any kind. In personal, sume an executory contract or unexpired family or household transactions, replace- tion if both the pre-petition solicitation and lease of the debtor, unless the trustee makes the post-petition solicitation comply with ment value is based upon what a retail mer- adequate assurance of future performance chant would charge for the property, consid- applicable nonbankruptcy law. However, the under the contract or lease. In Section provision only applies when the holder of a ering age and condition at the time value is 365(b)(3), Congress provided that for purposes determined. claim or interest solicited post-petition has of the Bankruptcy Code, ‘‘adequate assur- been solicited pre-petition, thus avoiding dif- Section 328. Defaults based on nonmonetary ob- ance of future performance of a lease of real ferent standards being applicable to pre- and ligations property in a shopping center includes ade- post-petition solicitations. Time is crucial in The requirements of section 365 are altered quate assurance . . . that assumption or as- a prepackaged plan of reorganization in so that certain defaults relating to nonmone- signment of such lease is subject to all the order to minimize the adverse effects of tary obligations of the debtor under an unex- provisions thereof, including (but not lim- bankruptcy on the debtor’s business and fi- pired lease of real property need not be ited to) provisions such as a radius, location, nancial affairs. When it applies, this section cured. Furthermore, such defaults are ex- use, or exclusivity provision. . . .’’ permits avoidance of the time and expense of Regrettably, some bankruptcy judges have cepted from the ordinary rules applying to going through the disclosure statement proc- not followed this Congressional mandate. impaired classes. Technical changes are also ess normally applicable to post-petition so- Under another provision of the Code, Section made to remove certain provisions relating licitations. to 365(f), a number of bankruptcy judges have allowed the assignment of a lease even Section 409. Preferences TITLE IV—GENERAL AND SMALL BUSINESS though terms of the lease are not being fol- The ordinary course of business defense to BANKRUPTCY PROVISIONS lowed. preference recovery is liberalized. As under Subtitle A—General Business Bankruptcy For example, if a shopping center’s lease current law, the debt must be incurred in the Provisions with an educational retailer requires that ordinary course. The payment, however, Section 401. Adequate protection for investors the premises shall be used solely for the pur- under the new provision must only be in the This section creates a definition for a ‘‘se- pose of conducting the retail sale of edu- ordinary course or according to ordinary curities self-regulatory organization’’ and cational items, as the lease provided in the business terms. then provides an exception to the automatic Simon Property Group v. Learningsmith case, A new preference exception is also added in stay for investigations, orders, or delisting then the lessor has a right to maintain this business cases. Aggregate transfers of less activities by such an organization involving mix of retail uses in his shopping centers, than $5,000 are exempted from preference re- the debtor. even if the retailer files for bankruptcy. covery.

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.071 pfrm02 PsN: S07PT1 S11712 CONGRESSIONAL RECORD — SENATE December 7, 2000 Section 410. Venue of certain proceedings ture income over the period during which in- vides that a separate disclosure statement is Section 411. Period for filing plan under chapter stallment payments must be made before not necessary if the court determines that 11 concluding that the debtor is truly unable to the plan provides adequate information. This new provision is designed to deal with pay in installments. The mere fact that the Fourth, it permits the court to consider at a the time and expense of reorganization cases debtor is experiencing debt difficulty is not, single hearing both the adequacy of the dis- by providing the debtor’s exclusive period to in and of itself, determinative of whether a closure statement and confirmation of the file a plan of reorganization may not be ex- debtor can pay in installments. ‘‘Filing fees’’ plan. tended beyond 18 months after the order for cover any fee which must be paid in order to Section 432. Definition of small business debtor relief in the case. No change is made to cur- file a petition and commence a bankruptcy Sections 101(51C) and (51D) of the Bank- rent law that permits, for cause, either the case under title 11, but not fees for motions ruptcy Code are amended in two significant reduction or the extension of the debtor’s or adversary complaints. respects. First, the debt limit used to define initial 120-day exclusivity period, except Section 419. More complete information regard- a small business debtor is increased from $2.0 that the period may not be extended beyond ing assets of the estate million to $3.0 million. Second, a debtor with the new 18 month maximum. This section directs the Advisory Com- debts within the limit is treated as a small The new provision also provides that, if the mittee on Bankruptcy Rules of the Judicial business debtor whether or not it elects to be debtor files a plan of reorganization within Conference to propose for adoption amended treated as a small business debtor. All of the its applicable exclusivity period, parties in rules and forms directing chapter 11 debtors provisions applicable to small business debt- interest may file a reorganization plan if the to provide information on the value, oper- ors are now mandatory. There are two exclu- debtor’s plan is not accepted by each im- ations and profitability of any closely held sions from the definition: (1) cases in which paired class before 180 days after the order corporation in which the debtor has a sub- the debtor is primarily engaged in passive for relief, as such date may be extended for stantial or controlling interest. This direc- real estate investments; and (2) cases in cause up to a maximum of 20 months from tion is intended to result in changes to the which the court has certified that there is an the order for relief in the case. Bankruptcy Rules and Forms so that parties active and representative committee of unse- The new time periods are maximum peri- in interest will be able to obtain, on the cured creditors. ods that may not be extended by the court. schedules or otherwise on other disclosures Section 433. Standard form disclosure statement They are not, however, minimums. Debtors provided by the debtor full and complete in- and plan will still have to show ‘‘cause’’ to extend the formation about the value of such an inter- Section 433 directs the Advisory Com- initial 120-day and 180-day periods in section est in a closely held corporation. mittee on Bankruptcy Rules of the Judicial 1121 and any extensions granted by the court. Subtitle B—Small Business Bankruptcy Pro- Conference of the United States to propose The establishment of the new so-called ‘‘ex- visions standard forms for plans and disclosure clusivity wall’’ is not intended to change the These provisions effect reforms in chapter statements in small business cases. Under standards under section 1104 for conversion section 1125 as amended, the debtor may use or dismissal. 11 cases. They further two primary goals. First, they are designed to reduce cost and either a form approved by the court in which Section 412. Fees arising from certain ownership delay in chapter 11 cases. Second, they are the case is pending or a form approved by the interests designed to ensure that the extraordinary Rules Committee. The intent of these provi- Section 413. Creditor representation at first protections provided chapter 11 debtors are sions is to encourage experimentation in the meeting of creditors used to further the public interest, by lim- use of standard forms. Use of an approved This section permits either a creditor owed iting those protections to cases in which form does not by itself satisfy the disclosure a consumer debt or any representative of there is both a likelihood of successful reor- requirements. The court must determine that creditor to appear at and participate in ganization and in which the debtor fully that the form provides information that is the meeting of creditors in a case under complies with the applicable statutes and adequate in light of the facts of the case. chapter 7 or 13 even if the creditor or rep- rules. Sections 434 and 435. Reporting requirements resentative is not admitted to practice be- These sections achieve these goals through New section 308 of the Bankruptcy Code fore the court or before the local federal or the following means: imposes new reporting requirements on state court, notwithstanding any federal or First, the fast-track plan confirmation small business debtors, and section 435 of the state rule of practice or statutory provision rules for small business cases that were bill calls for the Advisory Committee on barring unauthorized practice of law. It is in- adopted by Congress in 1994 have been Bankruptcy Rules to promulgate uniform tended that this provision will permit non- strengthened. Second, the bill simplifies the national reporting forms. These provisions attorneys to appear at and participate in the process of drafting a plan and disclosure have three chief aims: (1) to assist small meeting of creditors and any related nego- statement to make it easier for the small business debtors in understanding and im- tiations entered into before or after the business debtor to comply with the fast- proving their businesses through the process meeting to facilitate more efficient and eco- track requirements. Third, the debtor is re- of preparing the reports; (2) to provide the nomical participation by creditors in chap- quired to provide additional information persons interested in a case with information ter 7 and 13 bankruptcy proceedings. about post-filing operations, and the Advi- about that case; and (3) to provide a data Section 414. Definition of disinterested person sory Committee on Bankruptcy Rules is di- base for further evaluation of the efficacy of rected to promulgate forms that will sim- This provision deletes the per se exclusion chapter 11 for small businesses. The standard plify such reporting. Fourth, the United of investment bankers and attorneys for in- imposed on the Rules Committee in promul- States trustee is directed to oversee the vestment bankers from being a disinterested gating uniform national forms is to effect a debtor in small business cases. Fifth, the person. Whether an investment banking firm practical balance between: (a) the needs of bankruptcy courts are directed to use case- or an attorney for an investment banker is interested parties for information; (b) ease management conferences and scheduling or- disinterested will depend on an ad hoc appli- and lack of expense in preparation; and (c) ders to reduce cost and delay. Sixth, it is cation of the definition. ‘‘the interest of all parties that the required made easier to appoint an independent trust- reports help the small business debtor to un- Section 415. Factors for compensation of profes- ee or examiner and to convert or dismiss a derstand its financial condition and plan its sional persons chapter 11 case in which the debtor is not future.’’ This section permits consideration in set- playing by the rules or there is little likeli- Section 436. Duties of trustee or debtor in pos- ting compensation of whether the profes- hood of a successful reorganization. Seventh, session in small business cases sional is board certified or otherwise has the bill protects creditors against repeat fil- New section 1116 of the Bankruptcy Code demonstrated skill. ings after a prior chapter 11 case has failed. imposes six types of clear, new duties on Section 416. Appointment of elected trustee Section 431. Flexible rules for disclosure state- small business debtors. The debtor must: (1) This section provides for procedures when ment and plan promptly file with the court the best avail- a trustee is elected, and for handling dis- Under current law, the debtor generally able financial information about the debtor’s putes over election of trustees. files a drafted-from-scratch plan and disclo- business through its most recent financial Section 417. Utility service sure statement, even if the debts and assets statements or federal income tax return; (2) involved are small. This practice is expen- attend through its responsible individual and Section 366 of the Code is amended to per- sive, and imposes an undue burden on the counsel meetings scheduled by the court or mit a utility to refuse to provide service to debtor. Section 1125 of the Bankruptcy Code the United States trustee; (3) timely file the a debtor under certain circumstances unless is amended to streamline the plan confirma- schedules and statements of affairs (with a adequate assurance payments are received. tion process in several ways for small busi- strict limit on extensions) and financial and Section 418. Bankruptcy fees ness debtors. First, it encourages the use of other reports required by law; (4) maintain This provision permits a court to waive fil- standard-form plans and disclosure state- insurance necessary to protect the public ing fees if it finds that a debtor is unable to ments. Second, it directs the court to weigh and the estate; (5) timely pay all administra- pay the fees in installments and that the the cost of providing additional information tive expense tax claims; and (6) allow the debtor’s income is under 150 percent of the against the benefit of such information in United States trustee at reasonable times official poverty line. The court is expected to determining whether a disclosure statement after reasonable notice to inspect the debt- examine carefully the debtor’s projected fu- provides adequate information. Third, it pro- or’s business premises and books and

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.073 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11713 records. These provisions are designed to as- a debtor in a chapter 11 case dismissed with- the court would determine whether a party sist the debtor, the courts, and the United in the previous two years; (3) confirmed a seeking a preliminary injunction is likely to States trustee in effectuating expeditious plan in a chapter 11 case within the previous prevail upon the merits. The determination administration of small business cases. They two years; or (4) succeeded to the assets of is a preliminary one regarding the likelihood are based on recommendations of the Na- an entity that was a chapter 11 debtor within of prevailing in the future, not a final deter- tional Bankruptcy Review Commission’s the previous two years. A debtor affected by mination on the merits. The hearing may small business proposal. this provision is not precluded from filing a often be a summary one. The court need not Section 437. Plan filing deadline chapter 11 petition, and is not precluded conduct a miniature confirmation hearing. from seeking protection from creditor ac- The debtor should be required to prove a Section 1121 of the Bankruptcy Code is tion. The protections of section 362(a) do not likelihood that its business is financially amended to require a small business debtor go into effect, however, unless and until the viable enough to pass the feasibility require- to file a plan within 300 days after the peti- debtor makes the required showing regarding ments of section 1129(a)(11), and that it will tion date. This deadline is based on the as- the likelihood of confirming a plan and the be able to pay in full those claims (i.e., se- sumption that the typical small business reasons a second chapter 11 case is nec- cured and priority claims) that must be paid debtor can reasonably file a plan and disclo- essary. The logic of this provision is that in in full in order to confirm a plan. sure statement within 300 days. Any request If the debtor shows that it is likely to each of the four identified circumstances for extension of this deadline is an appro- make a distribution to general unsecured there is sufficient likelihood of abuse to re- priate occasion to require the debtor to jus- creditors and that those creditors have no quire the debtor to make some showing be- tify the continuation of the broad injunctive realistic alternative to debtor’s plan, the fore receiving injunctive relief. The excep- relief the debtor received automatically debtor need not submit additional evidence tion to the automatic stay does not apply to upon the filing of the petition. The amend- that general unsecured creditors will vote to an involuntary petition that is not filed in ment does this by requiring the debtor to accept the plan in order to establish a prima collusion with the debtor or its insiders. show that it is more likely than not that the facie case. The moving party or any other debtor will confirm a plan within a reason- Section 442. Expanded grounds for dismissal, creditor may rebut debtor’s evidence. The able time if the extension is granted. conversion, or appointment of a trustee or debtor does not satisfy its burden of proof examiner Section 438. Plan confirmation deadline when unsecured creditors holding claims suf- Section 1112 of the Bankruptcy Code is ficient to block acceptance by that class This section provides that a plan shall be amended to expand the circumstances in state their intent to vote against the plan confirmed by 175 days after the order for re- which the bankruptcy court may dismiss a and the debtor cannot show a likelihood that lief, unless such time is extended under sec- chapter 11 case, convert the case to another it will be able to confirm a plan notwith- tion 1121(e)(3) of the Code. If a plan is not chapter, or appoint a chapter 11 trustee or standing such rejection. confirmed within the period and the period is examiner. The most salient characteristic of Attention from the debtor and the court to not extended, it is expected that the case chapter 11 is its most problematic—the debt- the economic viability of the debtor’s busi- will be dismissed or converted, as appro- or is protected against all creditor action ness is appropriate in all cases except liqui- priate. automatically upon filing, while remaining dating chapter 11 cases. A debtor with a busi- Section 439. Duties of the United States trustee in control of all its assets. Any non-debtor ness that is not viable should not be allowed In small business cases, there is rarely an seeking comparable injunctive relief must to remain a debtor in possession under chap- active, functioning creditor’s committee. As show a likelihood of prevailing on the merits ter 11, unless it is avowedly using chapter 11 a result, the debtor in possession is generally of the dispute and that the equities weigh in to confirm a liquidating plan promptly. Be- not subject to the creditor supervision con- favor of equitable relief. Under current law, cause the likely-to-confirm-a-plan standard turns on issues of business feasibility as templated when chapter 11 was first enacted. a chapter 11 debtor gets what is perhaps the much as on issues of law, the parties should To fill this void and to provide adequate su- broadest injunction available under Amer- be permitted to introduce evidence from ac- pervision of the debtor, section 586 of the Ju- ican law, without making any showing what- counting and other professionals concerning dicial Code is amended to enlarge the duties soever. Some courts impose a heavy burden the viability of the debtor’s business. The of the United States Trustee in small busi- on any party who, by moving for dismissal of likely-to-confirm-a-plan standard should be ness cases. One of these duties is to conduct the chapter 11 case or appointment of a applied in the same manner when it arises in an initial debtor interview promptly after trustee, seeks to deprive the debtor of that a motion to extend the deadlines provided the order for relief and before the official relief. for in the amendments to section 1121. creditors’ meeting under section 341 of the The amendment to section 1112 is intended All of the provisions of the amended sec- Bankruptcy Code. At this meeting, the to effect a significant change in the burden tion 1112 apply to all chapter 11 cases. This is United States Trustee should investigate the of proof governing motions to dismiss, con- so even though some of the listed examples debtor’s viability, ascertain what the debt- vert, or appoint a chapter 11 trustee or ex- of ‘‘cause’’ for dismissal, conversion, or ap- or’s business plan is, and explain the debtor’s aminer. First, the amendment creates an ex- pointment of a trustee or examiner resemble reporting and other compliance obligations. panded definition of ‘‘cause’’ for such relief. duties that under new sections 308 and 1116 In addition, new section 1116 of the Bank- Each type of cause listed represents a warn- apply only to small business debtors. ruptcy Code authorizes the United States ing sign that the chapter 11 case is not pro- Section 443. Study of operation of title 11, Trustee to visit the business premises of the ceeding properly (e.g., that assets of the es- United States Code, with respect to small debtor and ascertain the status of the books tate are being diminished, that the debtor is businesses and records and timeliness of filing of tax re- not complying with applicable statutes or turns. rules, or that the debtor is not moving Requires the Adminstrator of the Small The amendments to section 586 of the Judi- promptly toward confirmation of a plan of Business Administration, in conjunction cial Code also require the United States reorganization). Second, the amendment cre- with the Attorney General and the Director Trustee in cases where there are grounds for ates a new shifting burden of proof. If a cred- of the Executive Office of United States conversion or dismissal under section 1112 of itor establishes one or more of the specified Trustees and Director of the Administrative the Bankruptcy Code to ‘‘apply promptly to warning signs, the burden shifts to the debt- Office of United States Courts to conduct a study of small business bankruptcies and re- the court for relief.’’ This duty applies in all or to show: (1) that the debtor is likely to port to Congress how Federal bankruptcy chapter 11 cases, not only small business confirm a plan promptly; and (2) if the basis laws may be made more effective with regard cases. for relief is the debtor’s failure to comply to such businesses. Section 440. Scheduling conferences with an applicable statute or rule, that there is a reasonable justification for the lack of Section 444. Payment of interest Section 105(d) of the Bankruptcy Code is compliance, and that the lack of compliance This provision continues present law under amended to provide that bankruptcy judges will be cured within a reasonable time fixed section 362(d)(3) which provides that the are now required to hold status conferences by the court. If the debtor fails to meet its court shall grant relief from stay to a real and enter scheduling orders in chapter 11 burden of proof, the court must convert, dis- estate secured creditor holding security in a cases whenever that would ‘‘further the ex- miss, or appoint a chapter 11 trustee or ex- single asset real estate debtor unless not peditious and economical resolution of the aminer, whichever is in the best interest of later than 90 days after the order for relief case.’’ The change reflects a determination creditors and the estate. In substance, the the debtor has either filed a plan of reorga- that bankruptcy judges should assume re- amended section 1112 adopts a position mid- nization that has a reasonable possibility of sponsibility for reducing cost and delay in way between current chapter 11 law and tra- being confirmed or commences making in- the chapter 11 cases before them, and that ditional injunction practice. The debtor still terest payments. This provision permits the active case management by the trial judge is receives the protection of the automatic stay debtor to make those interest payments a proven means of cost and delay reduction. upon filing, but the debtor will now be re- from rents or other income the debtor holds, Section 441. Serial filers quired to prove up its entitlement to that in- and requires that the interest be at the non- This section creates a new section 362(k) of junction in a wide variety of circumstances. default interest rate under the contract with the Bankruptcy Code that provides that the The bankruptcy court should determine the creditor. filing of a chapter 11 petition does not create whether there is a reasonable possibility Section 445. Priority for administrative expenses an automatic stay if the debtor: (1) is a debt- that the debtor will confirm a plan within a This section amends section 503 of the or in another pending chapter 11 case; (2) was reasonable time in much the same manner Bankruptcy Code to provide that certain

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.075 pfrm02 PsN: S07PT1 S11714 CONGRESSIONAL RECORD — SENATE December 7, 2000 amounts owed with respect to nonresidential formation that should be contained in these keeping in mind that the data covered is al- real property leases become administrative reports is self-explanatory. The reports must ready of public record. expenses. also be made publicly available for physical It is also the sense of Congress that a sin- TITLE V—MUNICIPAL BANKRUPTCY PROVISIONS inspection (at one or more central filing lo- gle bankruptcy data system should be estab- cations) and by electronic access through the lished that uses a single set of data defini- Section 501. Petition and proceedings related to Internet or other appropriate media. tions and forms to collect such data and that petition Section 603. Audit procedures data for any particular bankruptcy case be This section amends section 921(d) of the This section requires the Attorney General aggregated in such electronic record. Code to clarify that the special rules with re- TITLE VII—BANKRUPTCY TAX PROVISIONS spect to commencement of a case of an unin- to establish procedures for auditing the ac- Section 701. Treatment of certain tax liens corporated tax or special assessment district curacy and completeness of information sup- in that section control over the general rules plied by individual debtors in connection The conference agreement follows the on commencement of voluntary cases under with their bankruptcy cases under chapter 7 House bill. Section 701 makes several amend- section 301 of the Code. As a conforming and chapter 13 of the Bankruptcy Code. The ments to section 724 of the Bankruptcy Code to provide greater protection for holders of change, section 301 is amended to divide it audit must be in accordance with generally ad valorem tax liens on real or personal into two subsections, subsection (a), which accepted auditing standards and performed property of the estate. Many school boards provides that a voluntary case is commenced by independent certified public accountants obtain liens on real property to ensure col- by the filing of a petition, and subsection (b), or independent licensed public accountants. lection of unpaid ad valorem taxes. Often, which provides that the commencement of a However, the Attorney General is given dis- governments are unable to collect despite case is also the order for relief. Section 301 cretion to develop alternative auditing the presence of a lien because, under current as amended will continue to govern the vol- standards not later than two years after the law, these liens may be subordinated to cer- untary cases which it now covers, except date of enactment of H.R. 2415. Should the tain claims against and expenses of the those covered by section 921(d). Attorney General develop alternative audit- ing standards, such standards are expected bankruptcy estate. The conference agree- Section 502. Applicability of other sections to to have integrity and reliability comparable ment would seek to protect the holders of chapter 9 to generally accepted auditing standards. It these tax liens from, among other things, Section 901(a) of the Code, which lists the is intended that the Attorney General in de- erosions of their claims’ status by expenses sections of title 11 which apply to chapter 9 veloping auditing standards, and any others incurred under chapter 11 of the Bankruptcy cases, is amended to include sections 555, 556, who set procedures or practices to be used in Code. 559, 560, 561, and 562. These sections provide the audits or supervise them, will in doing so Under the conference agreement, subordi- an exception to the stay of proceedings to consult with those units in the Department nation of ad valorem tax liens is still pos- allow the liquidation of various types of se- of Justice which enforce against bankruptcy sible under section 724(b). However, the pur- curities contracts. The amendment is nec- fraud and bankruptcy crimes, including the poses are limited to paying for chapter 7 ad- essary to avoid a stay violation or other bankruptcy fraud task force in the Attorney ministrative expenses and priority claims for complications when certain executory con- General’s office and bankruptcy fraud and postpetition ‘‘wages, salaries, and commis- tracts, municipal bonds, for instance, come crime units in the United States Attorneys’ sions’’ and claims for ‘‘contributions to an due and must be redeemed. offices. employee benefit plan.’’ Thus, subordination for the purpose of paying chapter 11 adminis- TITLE VI—BANKRUPTCY DATA The audits are to be performed on ran- trative expenses is not permitted. Also, sec- Section 601. Improved bankruptcy statistics domly selected cases and should include at least 1 out of every 250 cases in each Federal tion 701 requires the chapter 7 trustee to uti- It has been obvious for some time that de- judicial district. Audits are required for lize all other estate assets before the trustee spite the scope and frequency of bankruptcy schedules of income and expenses which re- could resort to section 724 of the code to sub- relief, organized statistics with respect to flect greater than average variances from ordinate liens on personal and real property what occurs during and as a result of the the statistical norm of the district in which of the estate. bankruptcy case are not available. It is the schedules were filed. The aggregate re- In addition, the conference agreement pre- strongly felt that there should be a con- sults of the audits is to be made public and vents a bankruptcy court from determining certed effort by the federal government to is required to include the percentage of the amount or legality of ad valorem tax ob- collect, maintain and disseminate broad in- cases, by district, in which a material ligations if the applicable period for con- formation about the bankruptcy system and misstatement of income, expenditures or as- testing or redetermining the amount of the how it operates. Such information should in- sets is reported. claim under nonbankruptcy law has expired. clude how much debt is discharged in dif- A report of each audit must be filed with This addresses those instances where debtors ferent types of bankruptcy cases, as well as the court and transmitted to the United or trustees use section 505 of the Bankruptcy other information relative to assessing how States trustee. Each report must clearly and Code as a means to have bankruptcy courts well the bankruptcy system is serving both conspicuously specify any material set aside these types of taxes, to the det- debtors in need and the wider group of citi- misstatement of income, expenditures or as- riment of the local communities that depend zens who pay in higher credit prices for the sets. In any case where a material on them for revenue. discharged debt. misstatement of income, expenditures or as- Section 702. Treatment of fuel tax claims This section creates a standardized and sets has been reported, the clerk of the bank- The conference agreement follows the Sen- centralized method for collecting relevant ruptcy court must give all creditors in the ate bill. The agreement simplifies the filing bankruptcy statistics for cases involving pri- case notice of the misstatement(s). Where of claims by states against truckers for un- marily consumer debts filed under chapters appropriate, the matter could be referred to paid fuel taxes by modifying section 501 of 7, 11, and 13. The statistics will be collected the U.S. Attorney for possible criminal pros- the Bankruptcy Code. Rather than requiring by the clerk in each district. The Director of ecution. all states to file a claim for unpaid fuel taxes the Administrative Office of the United Furthermore, the Bankruptcy Code is (as is the case under current law), the des- States Courts will compile the statistics, amended to make it a duty of the debtor to ignated ‘‘base jurisdiction’’ under the Inter- producing a centralized data source. The Di- supply certain information to an auditor. national Fuel Tax Agreement would file a rector will make the statistics available to This section also adds, as grounds for revoca- claim on behalf of all states. This claim the public. Furthermore, by October 31, 2002, tion of a chapter 7 debtor’s discharge, a would be treated as a single claim. the Director will make annual reports to chapter 7 debtor’s failure to satisfactorily Section 703. Notice of request for a determina- Congress which include the statistics as well explain a material misstatement discovered tion of taxes as an analysis of the information. as the result of an audit and the failure to The conference agreement follows the Sen- The Director’s compilation of statistics make available all necessary documents or will be comprehensive. The requirements of ate bill. Under current law, debtors may re- property belonging to the debtor that are re- quest that the government determine admin- the compilation, as outlined in the new sec- quested in connection with such audit. tion 159(c), are self-explanatory. It is in- istrative tax liabilities under section 505(b) Section 604. Sense of Congress regarding avail- of the Bankruptcy Code in order to receive a tended that the information required under ability of bankruptcy data Section 159(c)(3)(H) should also include the discharge of those liabilities. There are no This section expresses the sense of the cases involving sanctions imposed on debt- requirements as to the content or form of Congress that it is a national policy of the or’s counsel under Section 707(b) of the such notice to the government. United States that all data collected by the The conference agreement requires that Bankruptcy Code. bankruptcy clerks in electronic form (to the each bankruptcy court clerk maintain a list- Section 602. Uniform rules for the collection of extent such data related to public records as ing under which government entities may bankruptcy data defined in Section 107 of the Bankruptcy designate their addresses for service of debt- This provision complements Section 601 by Code) should be made available to the public or requests. If a governmental entity does requiring the Attorney General to issue rules in a usable electronic form in bulk, subject not designate an address and provide that requiring the establishment of uniform to appropriate privacy concerns and safe- address to the bankruptcy court clerk, any forms for final reports filed by bankruptcy guards as determined by the Judicial Con- request made under section 505(b) of the trustees and monthly operating reports filed ference of the United States. Those privacy Bankruptcy Code may be served at the ad- by chapter 11 debtors in possession. The in- concerns and safeguards should be developed dress of the appropriate taxing authority of

VerDate 06-DEC-2000 03:21 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.076 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11715 that governmental unit. The conference narrower discharge. Under chapter 7, taxes the conference agreement limits the discre- agreement also provides that governmental from a return due within 3 years of the peti- tion of the debtor and the trustee regarding entities may describe where further informa- tion date, taxes assessed within 240 days, or treatment of pre-petition tax claims in chap- tion concerning additional requirements for taxes related to an unfiled return or false re- ter 11 cases. Under current law, non-tax filing such requests may be found. turn are not dischargeable. Chapter 13, on claims are paid out over several years in Section 704. Rate of interest on tax claims the other hand, permits what is known as a equal installments. Tax claims must be paid ‘‘superdischarge,’’ which allows courts to The conference agreement follows the Sen- out over six years from the date of assess- discharge these same tax debts. ment and typically include interest-only ate bill with a modification and a technical The conference agreement repeals the correction. Under current law, there is no payments in the early years and a balloon superdischarge for fraudulent and non-filed payment at the end. uniform rate of interest for payment of tax taxes by amending section 1328(a)(2) of the claims. Bankruptcy courts have used varying The conference agreement modifies section Bankruptcy Code. Fraudulent and non-filer 1129(a)(9) of the Bankruptcy Code by reduc- standards to determine the applicable rate. claims would not receive any special treat- The conference agreement adds section 511 to ing the maximum period of tax payments ment. The conference agreement also repeals from six years from the date of assessment the Bankruptcy Code to simplify the interest the superdischarge for a tax required to be rate calculation. The agreement provides to five years from the entry of the order for collected or withheld and for which the debt- relief and by specifying that payment should that for all tax claims (federal, state, and or is liable in whatever capacity, such as an be made in ‘‘regular installment payments.’’ local), including administrative expense employee’s share of federal payroll and trust The conference agreement modifies the taxes, the interest rate shall be determined fund taxes. However, the conference agree- Senate bill to delete language regarding the in accordance with applicable non-bank- ment leaves the superdischarge in place for interest rate applicable to installment pay- ruptcy law and as of the calendar month in other tax claims. Thus, consistent with the ments in chapter 11 cases. which the plan is confirmed. IRS Restructuring and Reform Act of 1998, The conference agreement modifies the taxpayers who have complied with a reorga- Section 711. Avoidance of statutory liens prohib- Senate bill to clarify that the applicable nization plan—which includes paying taxes— ited non-bankruptcy law interest rate would would continue to receive the superdis- The conference agreement follows the Sen- apply to administrative expense taxes, as charge. ate bill. Under the Bankruptcy Code, trust- well as to all other tax claims. Section 708. No discharge of fraudulent taxes in ees may act to keep assets in the bankruptcy Section 705. Priority of tax claims chapter 11 estate even though a statutory lien exists The conference agreement follows the Sen- The conference agreement follows the Sen- against the asset. The Internal Revenue Code ate bill with a modification and a technical ate bill with a modification. Under current gives special protection to certain pur- correction. Under current law, in section law, the confirmation of a plan of reorga- chasers of securities and motor vehicles not- 507(a)(8) of the Bankruptcy Code, tax claims nization under chapter 11 discharges the withstanding the existence of a filed tax lien. are entitled to a priority if they arise within debtor from all liability. The conference The conference agreement amends section certain time periods. In the case of income agreement would except, in the case of cor- 545(2) of the Bankruptcy Code to prevent taxes, a priority arises, among other times, porations, fraudulent taxes, willfully evaded trustees from using the tax code provision to if the tax return was due within 3 years of taxes, and debts for money or property ob- displace an otherwise valid lien. In other the filing of the bankruptcy petition or if the tained in a false or fraudulent manner from words, trustees could not keep securities or assessment of the tax was made within 240 the broad chapter 11 discharge. Congress be- motor vehicles in the bankruptcy estate if days of the filing of the petition. The 240-day lieves the Bankruptcy Code should not en- they were subject to a lien under the tax period is tolled during the time that an offer courage fraud by allowing the discharge of code provisions. in compromise is pending (plus 30 days). debts incurred through fraud or false rep- The conference agreement prevents the Though the statute is silent, most courts resentation simply because those debts were avoidance of unperfected liens against a have also held that the 3-year and 240-day incurred in a corporate setting. bona fide purchaser, if the purchaser quali- time periods are tolled during the pendency The conference agreement amends the dis- fies as such under section 6323 of the Internal of a previous bankruptcy case. charge provisions of chapter 11 (Bankruptcy Revenue Code or a similar provision of either The conference agreement codifies the rule Code section 1141(d)) to prevent the discharge state or local law. tolling priority periods during a previous of tax or customs duty tax claims resulting Section 712. Payment of taxes in the conduct of from a corporate debtor’s fraudulent tax re- bankruptcy and adds an additional 90 days. business turns. It also prevents the discharge of any The agreement also includes tolling provi- The conference agreement follows the Sen- sions to adjust for the collection due process unpaid tax obligations that resulted from a corporate chapter 11 debtor’s willful evasion ate bill. Bankruptcy laws and statutes-at- rights provided by the IRS Restructuring large generally require trustees and receiv- and Reform Act of 1998. During any period in of applicable tax laws. Further, the con- ference agreement modifies the Senate bill ers to pay business taxes in the ordinary which the government is prohibited from col- to prevent the discharge of any debt for course. Other kinds of administrative ex- lecting a tax as a result of a request by the money, property, services, or credit, ob- penses can be paid only upon motion after a debtor for a hearing and an appeal of any tained by a corporate debtor in a false or court order. Some bankruptcy courts have collection action taken against the debtor, fraudulent manner (applying section 523(a)(2) not permitted debtors to pay post-petition the priority is tolled, plus 90 days. Also, dur- of the Bankruptcy Code to corporate debt- tax liabilities (those accruing after filing a ing any time in which there was a stay of ors). bankruptcy petition) prior to the approval of proceedings in a prior bankruptcy case or a plan for the bankruptcy estate. The con- collection of an income tax was precluded by Section 709. Stay of tax proceedings limited to pre-petition taxes ference agreement amends section 960 of a confirmed bankruptcy plan, the priority is title 28 of the U.S. Code to provide clear au- The conference agreement modifies the tolled, plus 90 days. The conference agree- thority to pay taxes in the ordinary course Senate and House bills. Under current law, ment modifies the Senate bill to apply the of business. The agreement also amends sec- filing a petition for relief under the Bank- priority tolling periods to non-income taxes tion 503(b) of the Bankruptcy Code to require ruptcy Code triggers an automatic stay as well. payment of ad valorem taxes as an allowed which precludes the commencement or con- Section 706. Priority property taxes incurred tinuation of a case in U.S. tax court. This administrative expense tax and eliminates The conference agreement follows the Sen- rule was arguably extended in Halpern v. any requirement to file a request for pay- ate bill, replacing the word ‘‘assessed’’ with Commissioner, 96 T.C. 895 (1991), in which the ment of any administrative expense taxes. ‘‘incurred’’ in the case of real property taxes. tax court ruled that it did not have jurisdic- Section 713. Tardily filed priority tax claims Under current law, many provisions of the tion to hear a case involving a post-petition The conference agreement follows the Sen- Bankruptcy Code are keyed to the word ‘‘as- year. The conferees believe that Halpern ate bill. Under current law, in chapter 7 of sessed.’’ While this word has an accepted went too far. the Bankruptcy Code, tax claims timely filed meaning in the federal system, it is not used In order to address this issue, the con- are entitled to their full statutory priority. in many state and local statutes and has cre- ference agreement specifies that the auto- Late-filed tax claims lose their full statu- ated some confusion. Replacing the word matic stay is limited to an individual debt- tory priority, but are entitled to distribution ‘‘assessed’’ with ‘‘incurred’’ in the case of or’s prepetition taxes (taxes incurred before as unsecured claims provided they are filed real property taxes in section 507(a)(8)(B) of entering bankruptcy). Thus, the automatic before the trustee commences distribution of the Bankruptcy Code eliminates this prob- stay would not apply to cases involving an the estate. The problem is that a claim filed lem. individual debtor’s postpetition taxes. The just before distribution can significantly Section 707. No discharge of fraudulent taxes in agreement allows the bankruptcy court to delay the process of distribution due to certi- chapter 13 determine whether the stay will apply to the fying the validity of the claim and deter- The conference agreement follows the Sen- postpetition tax liabilities of a corporate mining its proper priority. ate bill. Under current law, a debtor’s ability debtor. The conference agreement modifies section to discharge his tax debts varies depending Section 710. Periodic payment of taxes in chap- 726(a)(1) of the Bankruptcy Code to require a on whether the debtor is in chapter 7 (liq- ter 11 cases tax claim to be filed either before the trustee uidation) or chapter 13 (income earner plans The conference agreement follows the Sen- commences distribution or 10 days following of repayment). Chapter 7 contains a much ate bill with a modification. Section 710 of the mailing to creditors of the summary of

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the trustee’s final report, whichever is ear- 11 (business bankruptcy) plan may be sub- TITLE VIII—ANCILLARY AND OTHER CROSS- lier, in order for the claim to be entitled to mitted to creditors and stockholders for a BORDER CASES distribution as an unsecured claim. vote, the proponent of the plan must file a This Title adds a new chapter to the Bank- Section 714. Income tax returns prepared by tax disclosure statement in which holders of ruptcy Code (the ‘‘Code’’) for transactional authorities claims and interests are given ‘‘adequate in- bankruptcy cases. This incorporates the The conference agreement follows the Sen- formation’’ on which they can make a deci- Model Law on Cross-Border Insolvency to en- ate bill. In general, taxpayers cannot be dis- sion as to whether or not to vote in favor of courage cooperation between the United charged from taxes unless a return was filed. the plan. A chapter 11 plan’s tax con- States and foreign countries with respect to Courts have struggled with what constitutes sequences represent an important aspect of transnational insolvency cases. Title IX is filing a return. The tax code authorizes the that plan. intended to provide greater legal certainty Secretary of Treasury to file a return on be- The conference agreement amends section for trade and investment as well as to pro- half of a taxpayer if either (1) the taxpayer 1125(a) of the Bankruptcy Code to require vide for the fair and efficient administration provides information sufficient to complete that a chapter 11 disclosure statement dis- of cross-border insolvencies, which protects a return, or (2) the Secretary can obtain suf- cuss the potential material Federal tax con- the interests of creditors and other inter- ficient information through testimony or sequences of the plan to the debtor and to ested parties, including the debtor. In addi- otherwise to complete a return. holders of claims and interests in the case. tion, it serves to protect and maximize the The conference agreement modifies section Section 718. Setoff of tax refunds value of the debtor’s assets. 523(a) of the Bankruptcy Code to provide The conference agreement follows the Sen- Section 801. Amendment to add Chapter 15 to that a return filed on behalf of a taxpayer ate bill. Under current law, a petition for title 11, United States Code who has provided information sufficient to bankruptcy triggers an automatic stay of Each of the sections of new chapter 15 is complete a return constitutes filing a return the setoff of any debt owing to the debtor discussed in order. (and the debt can be discharged) but that a that arose before the commencement of the return filed on behalf of a taxpayer based on case against any debt owed by the debtor. Section 1501. Purpose and scope of application information the Secretary obtains through This automatic stay precludes setoff of a The chapter introduces into the Bank- testimony or otherwise does not constitute pre-petition tax refund against a pre-petition ruptcy Code the Model Law on Cross-Border filing a return (and the debt cannot be dis- tax obligation unless the bankruptcy court Insolvency (‘‘Model Law’’), which was pro- charged). has approved the setoff. Because the interest mulgated by the United Nations Commission Section 715. Discharge of the estate’s liability and penalties which may continue to accrue on International Trade Law (‘‘UNCITRAL’’) for unpaid taxes are often nondischargeable, the inability to at its Thirtieth Session, May 12–30, 1997. The conference agreement follows the Sen- promptly apply income tax refunds against Cases brought under this chapter are in- ate bill. Under the Bankruptcy Code, a debt- tax claims can cause individual debtors tended to be ancillary to cases brought in a or may request a prompt audit to determine undue hardship. debtor’s home country, unless a full United post-petition tax liabilities. If the govern- The conference agreement amends section States bankruptcy case is brought under an- ment does not make a determination or re- 362(b) of the Bankruptcy Code to allow the other chapter. Even if a full case is brought, quest extension of time to audit, then the setoff to occur unless setoff would not be the court may decide under section 305 to debtor’s determination of taxes will be final. permitted under applicable tax law because stay or dismiss the United States case under Several court cases have held that while this of a pending action to determine the amount the chapter and limit the United States’ role protects the debtor and the trustee, it does or legality of the tax liability. In that cir- to ancillary case under this chapter. If the not necessarily protect the estate. cumstance, the governmental authority may full case is not dismissed, it will be subject The conference agreement modifies section hold the refund pending resolution of the ac- to the provisions of this chapter governing 505(b) of the Bankruptcy Code to clarify that tion. cooperation, communication and coordina- the estate is also protected if the govern- Section 719. Special provisions related to the tion with foreign courts and representatives. ment does not request an audit of the debt- treatment of State and local taxes In any case, an order granting recognition is required as a prerequisite to use the sections or’s tax returns. Therefore, if the govern- The conference agreement follows the Sen- ment does not make a determination of the 301 and 303 by a foreign representative. ate bill, conforming state and local income Section 1501 combines the Preamble to the debtor’s post-petition tax liabilities or re- tax administrative issues to the Internal quest extension of time to audit, then the es- Model Law (subsection (1)) with its article 1 Revenue Code. For example, under federal (subsections (2) and (3)). It largely follows tate’s liability for unpaid taxes will be dis- law, a bankruptcy petitioner filing on March charged. the language of the Model Law and fills in 5 has two tax years—January 1 to March 4, blanks with appropriate United States ref- Section 716. Requirement to file tax returns to and March 5 to December 31. However, under erences. However, it adds in subsection (3) an confirm chapter 13 plans the Bankruptcy Code, state and local tax exclusion of certain natural persons who The conference agreement follows the Sen- years are divided differently—January 1 to may be considered ordinary consumers. Al- ate bill with a modification. Under current March 5, and March 6 to December 31. Sec- though the consumer exclusion is not in the law, a debtor may be entitled to the benefits tion 719 of the conference agreement requires test of the Model Law, the discussions at of chapter 13 (reorganization) even if he is the states to follow the federal convention. UNCITRAL recognized that some such exclu- delinquent in his tax returns. Without access The conference agreement conforms state sion would be necessary in countries like the to tax return information, creditors cannot and local tax administration to the Internal United States where there are special provi- obtain full information about the debtor’s Revenue Code in the following areas: divi- sions for consumer debtors in the insolvency status. Most districts have established proce- sion of tax liabilities and responsibilities be- laws. dures requiring the filing of returns prior to tween the estate and the debtor, tax con- The reference to section 109(e) essentially the initial meeting of creditors. sequences with respect to partnerships and defines ‘‘consumer debtors’’ for purposes of The conference agreement amends section transfers of property, and the taxable period the exclusion by incorporating the debt limi- 1325(a) of the Bankruptcy Code (and adds sec- of a debtor. The conference agreement does tations of that section, but not its require- tion 1308 to the Code) to require a debtor to not conform state and local tax rates to fed- ment or regular income. The exclusion adds be current on the filing of tax returns for the eral tax rates. a requirement that the debtor or debtor cou- four years prior to the filing of a petition in Section 720. Dismissal for failure to timely file ple be citizens or long-term legal residents of order to have a chapter 13 plan confirmed. If tax returns the United States. This ensures that resi- the returns have not been filed by the date The conference agreement follows the Sen- dents of other countries will not be able to on which the meeting of creditors is first ate bill. Under existing law, there is no de- manipulate this exclusion to avoid recogni- scheduled, the trustee may hold open that finitive rule concerning whether a bank- tion of foreign proceedings in their home meeting for a reasonable period of time to ruptcy court should dismiss a bankruptcy countries or elsewhere. allow the debtor to file any unfiled returns. case if the debtor fails to file tax returns The first exclusion in subsection (c) con- The additional period of time may not ex- after entering bankruptcy. The conferees be- stitutes, for the United States, the exclusion tend beyond 120 days after the date of the lieve that it is good policy to require that provided in article 1, subsection (2), of the meeting of the creditors or beyond the date these returns be filed. Model Law. Foreign representatives of for- on which the return is due under the last Thus, the conference agreement amends eign proceedings which are excluded from automatic extension of time for filing. How- section 521 of the Bankruptcy Code to allow the scope of chapter 15 may seek relief from ever, the debtor may also obtain an exten- a taxing authority to request that the court courts other than the bankruptcy court sion of time to file from the court if the dismiss or convert a bankruptcy case if the since the limitations of section 1509(b) (2) debtor demonstrates by a preponderance of debtor fails to file a post-petition tax return and (3) would not apply to them. the evidence that the failure to file was at- or obtain an extension on such a return. The The reference to section 109(b) interpolates tributable to circumstances beyond the debt- conference agreement provides that the into chapter 15 the entities governed by spe- or’s control. debtor would have 90 days from the time of cialized insolvency regimes under United Section 717. Standards for tax disclosure the request to file the return or to obtain an States law which are currently excluded The conference agreement follows the Sen- extension, or the court would be required to from liquidation proceedings under title 11. ate bill. Under current law, before a chapter dismiss or convert the case. Section 1501 contains an exception to the

VerDate 06-DEC-2000 04:22 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.080 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11717 section 109(b) exclusions so that foreign pro- part of the core jurisdiction of bankruptcy operation begun under section 304, but is not ceedings of foreign insurance companies are courts when referred to them by the district to be the basis for denying of limiting relief eligible for recognition and relief under court that will rule on the petition is deter- otherwise available under this chapter. The chapter 15 as they had been under section mined pursuant to a revised section 1410 of additional assistance is made conditional 304. However, section 1501(d) has the effect of title 28 governing venue and transfer. upon the court’s consideration of the factors leaving to State regulation any deposit, es- The title ‘‘ancillary’’ in this section and in set forth in the current subsection 304(c) in a crow, trust fund or the like posted by a for- the title of this chapter emphasizes the context of a reasonable balancing of inter- eign insurer under State law. United States’ policy in favor of a general ests following current case law. The ref- Section 1502. Definitions rule that countries other than the home erences to ‘‘estate’’ in section 304 have been ‘‘Debtor’’ is given a special definition for country of the debtor, where a main pro- changed to refer to the debtor’s property, be- this chapter. That definition does not come ceeding would be brought, should usually act cause many foreign systems do not create an from the Model Law but is necessary to through ancillary proceedings, in preference estate in insolvency proceedings or the sort eliminate the need to refer repeatedly to to a system of full bankruptcies (often called recognized under this chapter. Although the ‘‘the same debtor as in the foreign pro- ‘‘secondary’’ proceedings) in each state case law, construing section 304 makes it ceeding.’’ With certain exceptions, the term where assets are found. Under the Model clear that comity is the central consider- ‘‘person’’ used in the Model Law has been re- Law, notwithstanding the recognition of a ation, its physical placement as one of six place with ‘‘entity,’’ which is defined broadly foreign main proceeding, full bankruptcy factors in subsection 304 is misleading, since in section 101(15) to include natural persons cases are permitted in each country (see sec- those factors are essentially elements of the and various legal entities, thus matching the tions 1528 and 1529). In the United States, the grounds for granting comity. Therefore, in intended breadth of the term ‘‘person’’ in the court will have the power to suspend or dis- subsection (2) of this section, comity is Model Law. The exceptions include contexts miss such cases where appropriate under sec- raised to the introductory language to make in which a natural person is intended and tion 305. it clear that it is the central concept to be those in which the Model Law language al- Section 1505. Authorization to act in a foreign addressed. ready refers to both persons and entities country Section 1508. Interpretation other than persons. The definition of ‘‘trust- The language in this section varies from This provision follows conceptually Model ee’’ for this chapter ensures that debtors in the wording of articles 5 of the Model Law as law article 8 and is a standard one in recent possession and debtors, as well as trustees, necessary to comport with United States law UNCITRAL treaties and model laws. Lan- are included in the term. and terminology. The slight alteration to guage changes were made to express the con- The definition of ‘‘within the territorial ju- the language in the last sentence is meant to cepts more clearly in terminology which ac- risdiction of the United States’’ in sub- emphasize that the identification of the cords with that of the bankruptcy laws of section (7) is not taken from the Model Law. trustee or other entity entitled to act is the United States. It has been added because the United States, under United States law, while the scope of Interpretation of this chapter on a uniform like some other countries, assets insolvency actions that may be taken by the trustee or basis will be aided by reference to the Guide jurisdiction over property outside its terri- other entity under foreign law is limited by and the Reports cited therein, which explain torial limits under appropriate cir- the foreign law. the reasons for the terms used and often cite cumstances. Thus a limiting phrase is useful The related amendment to section 586(a)(3) their origins as well. Uniform interpretation where the Model Law and this chapter intend of title 28 makes acting pursuant to author- will also be aided by reference to CLOUT, the to refer only to property within the territory ization under this section an additional UNCITRAL Case Law On Uniform Texts, of the enacting state. In addition, a defini- power of a trustee or debtor in possession. which is a service of UNITRAL. CLOUT re- tion of ‘‘recognition’’ supplements the Model While the Model Law automatically au- ceives reports from national reporters all Law definitions and merely simplifies draft- thorizes an administrator to act abroad, this over the world concerning court decisions in- ing of various other sections of chapter 15. section requires all trustees and debtors to terpreting treaties, model laws, and other Two key definitions of ‘‘foreign pro- obtain court approval before acting abroad. text promulgated by UNCITRAL. Not only ceeding’’ and ‘‘foreign representative,’’ are That requirement is a change from the lan- are these sources persuasive, but they are found in sections 101(23) and (24), which have guage of the Model Law, but one that is important to the crucial goal of uniformity been amended consistent with Model Law ar- purely internal to United States law. of interpretation. To the extent that the ticle 2. Its main purpose is to ensure that the United States courts rely on these sources, The definitions ‘‘establishment,’’ ‘‘foreign court has knowledge and control of possibly their decisions will more likely be regarded court,’’ ‘‘foreign main proceeding,’’ and ‘‘for- expensive activities, but it will have the col- as persuasive elsewhere. eign non-main proceeding,’’ have been taken lateral benefit or providing further assur- Section 1509. Right of direct access from Model Law article 2, with only minor ance to foreign courts that the United States This section implements the purpose of ar- language variations necessary to comport debtor or representative is under judicial au- ticle 9 of the Model Law, enabling a foreign with United States terminology. Addition- thority and supervision. This requirement representative to commence a case under ally, defined terms have been placed in al- means that the first-day orders in reorga- this chapter by filing a petition directly with phabetical order. In order to be recognized as a foreign non- nization cases should include authorization the court without preliminary formalities main proceeding, the debtor must at least to act under this section where appropriate. that may delay or prevent relief. It varies have an establishment in that foreign coun- This section also contemplates the des- the language to fit United States procedural try. ignation of an examiner or other natural per- requirements and it imposes recognition of son to act for the estate in one or more for- the foreign proceeding as a condition to fur- Section 1503. International obligations of the eign countries where appropriate. One in- ther rights and duties of the foreign rep- United States stance might be a case in which the des- resentative. If recognition is granted, the This section is taken exactly from the ignated person had a special expertise rel- foreign representative will have full capacity Model Law with only minor adaptations of evant to that assignment. Another might be under U.S. law (subsection (b)(1)), may re- terminology. where the foreign court would be more com- quest such relief in a state or federal court Although this sections makes an inter- fortable with a designated person than with other than the bankruptcy court (subsection national obligation prevail over chapter 15, an entity like a debtor in possession. Either (b)(2)) and may be granted comity or co- the courts will attempt to read the Model are to be recognized under the Model Law. operation by such non-bankruptcy court Law and the international obligation so as Section 1506. Public policy exception (subsection (b)(3) and (c)). Subsections (b)(2), not to conflict, especially if the inter- (b)(3) and (c) make it clear that chapter 15 is This provision follows the Model Law arti- national obligation addresses a subject mat- intended to be the exclusive door to ancil- cle 5 exactly, is standard in UNCITRAL texts ter less directly related than the Model Law lary assistance to foreign proceedings. The and has been narrowly interpreted on a con- to a case before the court. goal is to concentrate control of these ques- sistent basis in courts around the world. The Section 1504. Commencement of ancillary case tions in one court. That goal is important in word ‘‘manifestly’’ in international usage re- a federal system like that of the United Article 4 of the Model Law is designed for stricts the public policy exemption to the States with many different courts, state and designation of the competent court which most fundamental policies of the United federal, that may have pending actions in- will exercise jurisdiction under the Model States. Law. In United States law, section 1334(a) of volving the debtor or the debtor’s property. title 28 gives exclusive jurisdiction to the Section 1507. Additional assistance This section, therefore, completes for the district courts in a ‘‘case’’ under this title. Subsection (1) follows the language of United States the work of article 4 of the Therefore, since the competent court has Model law article 7. Model Law (‘‘competent court’’) as well as been determined in title 28, this section in- Subsection (2) makes the authority for ad- article 9. stead provides that a petition for recognition ditional relief (beyond that permitted under Although a petition under current section commences a ‘‘case’’, an approach that also sections 1519–1521, below) subject to the con- 304 is the proper method for achieving def- invokes a number of other useful procedural ditions for relief heretofore specified in erence by a United States court to a foreign provisions. United States law under section 304, which is insolvency under present law, some cases in In addition, a new subsection (P) to section repealed. This section is intended to permit state and federal courts under current law 157 of title 28 makes cases under this chapter the further development of international co- have granted comity suspension or dismissal

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.082 pfrm02 PsN: S07PT1 S11718 CONGRESSIONAL RECORD — SENATE December 7, 2000 of cases involving foreign proceedings with- tors, except as provided in subsection (b) and each element is on the foreign representa- out requiring a section 304 petition or even section 1514. It follows the intent of Model tive, although the court is entitled to shift referring to the requirements of that section. Law article 13, but the language required al- the burden to the extent indicated in section Even if the result is correct in a particular ternation to fit into the Bankruptcy Code. 1516. The word ‘‘proof’’ in subsection (3) has case, the procedure is undesirable, because The law as to priority for foreign claims been changed to ‘‘evidence’’ to make it clear- there is room for abuse of comity. Parties that fit within a class given priority treat- er using United States terminology that the would be free to avoid the requirements of ment under section 507 (for example, foreign ultimate burden is on the foreign representa- this chapter and the expert scrutiny of the employees or spouses) is unsettled. This sec- tive. bankruptcy court by applying directly to a tion permits the continued development of ‘‘Registered office’’ is the term used in the state or federal court unfamiliar with the case law on that subject and its general prin- Model Law to refer to the place of incorpora- statutory requirements. Such an application ciple of national treatment should be an im- tion or the equivalent for an entity that is could be made after denial of a petition portant factor to be considered. At a min- not a natural person. under this chapter. This section con- imum, under this section, foreign claims The presumption that the place of the reg- centrates the recognition and deference must receive the treatment given to general istered office is also the center of the debt- process in one United States court, ensures unsecured claims without priority, unless or’s main interest is included for speed and against abuse, and empowers a court that they are in a class of claims in which domes- convenience of proof where there is not seri- will be fully informed of the current status tic creditors would also be subordinated. ous controversy. of all foreign proceedings involving the debt- The Model Law allows for an exception to Section 1517. Order granting recognition or. the policy of nondiscrimination as to foreign This section closely follows article 17 of Subsection (d) has been added to ensure revenue and other public law claims. Such the Model Law, with a few exceptions. that a foreign representative cannot seek re- claims (such as tax and social security The decision to grant recognition is not de- lief in courts in the United States after being claims) have been denied enforcement in the pendent upon any findings about the nature denied recognition by the court under this United States traditionally, inside and out- of the foreign proceedings of the sort pre- chapter. side of bankruptcy. The Code is silent on this viously mandated by section 304(c). The re- Subsection (c) makes activities in the point, so the rule is purely a matter of tradi- quirements of this section, which incor- United States by a foreign representative tional case law. It also allows the Depart- porates the definitions in section 1502 and subject to applicable United States law, just ment of the Treasury to negotiate reciprocal sections 101(23) and (24), are all that must be as 28 U.S.C. section 959 does for a domestic arrangements with out tax treaty partners fulfilled to attain recognition. trustee in bankruptcy. in this regard, although it does not mandate Reciprocity was specifically suggested as a Subsection (f) provides a limited exception any restriction of the evolution of case law requirement for recognition on more than to the prior recognition requirement so that pending such negotiations. one occasion in the negotiations that re- collection of a claim which is property of the Section 1514. Notification of foreign creditors sulted in the Model Law. It was rejected by debtor, for example an account receivable, concerning a case under title 11. overwhelming consensus each time. The by a foreign representative may proceed This section ensures that foreign creditors United States was one of the leading coun- without commencement of a case or recogni- tries opposing the inclusion of a reciprocity tion under this chapter. receive proper notice of cases in the United States. requirement. In this regard, the Model Law Section 1510. Limited jurisdiction As ‘‘foreign creditor’’ is not defined term, conforms to section 304, which has no such Section 1510, article 10 of the Model Law, is foreign addresses are used as the distin- requirement. modeled on section 306 of the Code. Although guishing factor. The Federal Rules of Bank- The drafters of the Model Law understood the language referring to conditional relief ruptcy Procedure (‘‘Rules’’) should be that only a main proceeding or a non-main in section 306 is not included, the court has amended to conform to the requirements of proceeding meeting the standards of section the power under section 1522 to attach appro- this section, including a special form for ini- 1502 (that is, one brought where the debtor priate conditions to any relief it may grant. tial notice to such creditors. In particular, has an establishment) were entitled to rec- Nevertheless, the authority in section 1522 is the Rules must provide for additional time ognition under this section. The Model Law not intended to permit the imposition of ju- for such creditors to file proofs of claim has been slightly modified to make this risdiction over the foreign representative be- where appropriate and must provide for the point clear by referring to the section 1502 yond the boundaries of the case under this court to make specific orders in that regard definition of main and non-main pro- chapter and any related actions the foreign in proper circumstances. The notice must ceedings, as well as to the general definition representative may take, such as com- specify that secured claims must be asserted, of a foreign proceeding in section 101(23). mencing a case under another chapter of this because in many countries such claims are Naturally, a petition under section 1515 must title. not affected by an insolvency proceeding and show that proceeding is a main or a quali- Section 1511. Commencement of case under need not be filed. Of course, if a foreign cred- fying non-main proceeding in order to win section 301 or 303 itor has made an appropriate request for no- recognition under this section. tice, it will receive notices in every instance Consistent with the position of various This section follows the intent of article 11 civil law representatives in the drafting of of the Model Law, but adds language that where notices would be sent to other credi- tors who have made such requests. the Model Law, recognition creates a status conforms to United States law or that is oth- with the effects set forth in section 1520, so erwise necessary in the United States given Subsection (d) replaces the reference to ‘‘a reasonable time period’’ in Mode Law article those effects are not viewed as orders to be its many bankruptcy court districts and the modified, as are orders granting relief under importance of full information and coordina- 14(3)(a). It makes clear that the Rules, local rules, and court orders must make appro- section 1519 and 1521. Subsection (4) states tion among them. the grounds for modifying or terminating Article 11 does not distinguish between priate adjustments in time periods and bar recognition. On the other hand, the effects of voluntary and involuntary proceedings, but dates so that foreign creditors have a reason- recognition (found in section 1520 and includ- seems to have implicitly assumed an invol- able time within which to receive notice or ing an automatic stay) are subject to modi- untary proceeding. take an action. fication under section 362(d), made applica- Subsection 1(a)(2) goes farther and permits Section 1515. Application for recognition of a ble by section 15320(2), which permits lifting a voluntary filing, with its much simpler re- foreign proceeding the stay of section 1520 for cause. quirements, if the foreign proceeding that This section follows article 15 of the Model Paragraph 1(d) of section 17 of the Model has been recognized is a main proceeding. Law with minor changes. Law has been omitted as an unnecessary re- Section 1512. Participation of a foreign rep- The Rules will require amendment to pro- quirement for United States purposes, be- resentative in a case under this title vide forms for some or all of the documents cause a petition submitted to the wrong This section follows article 12 of the Model mentioned in this section, to make necessary court will be dismissed or transferred under Law with a sight alternation to adjust to additions to Rules 1000 and 20002 to facilitate other provisions of United States law. United States procedural terminology. The appropriate notices of the hearing on the pe- The reference to section 350 refers to the effect of this section is to make the recog- tition for recognition, and to require filing of routine closing of a case that has been com- nized foreign representative a party in inter- lists of creditors and other interested per- pleted and will invoke requirements includ- est in any pending or later commenced sons who should receive notices. Throughout ing a final report from the foreign represent- United States bankruptcy case. the Model Law, the question of notice proce- ative in such form as the Rules may provide Throughout this chapter, the word ‘‘case’’ dure is left to the law of the enacting state. or a court may order. has been substituted for the word ‘‘pro- Section 1516. Presumptions concerning rec- Section 1518. Subsequent information ceeding’’ in the Model Law when referring to ognition This section follows the Model Law, except cases under the United States Bankruptcy This section follows article 16 of the Model to eliminate the word ‘‘same’’ which is ren- Code, to conform to United States usage. Law with minor changes. dered unnecessary by the definition of ‘‘debt- Section 1513. Access of foreign creditors to a Although section 1515 and 1516 are designed or’’ in section 1502 and to provide for a for- case under this title to make recognition as simple and expedient mal document to be filed with the court. This section mandates nondiscriminatory as possible, the court may hear proof on any Judges in several jurisdictions, including or ‘‘national’’ treatment for foreign credi- element stated. The ultimate burden as to the United States, have reported a need for a

VerDate 06-DEC-2000 04:22 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.084 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11719 requirement of complete and candid reports eign representative of a foreign main pro- Section 1523. Actions to avoid acts detrimental to the court of all proceedings, worldwide, ceeding an automatic right to operate the to creditors involving the debtor. This section will en- debtor’s business and exercise the power of a This section follows article 23 of the Model sure that such information is provided to the trustee under section 363 and 542, unless the Law, with wording to fit it within procedure court on a timely basis. Any failure to com- court orders otherwise. A foreign representa- under this title. ply with this section will be subject to the tive of a foreign main proceeding may need It confers standing on a recognized foreign sanctions available to the court for viola- to continue a business operation to maintain representative to assert an avoidance action tions of the statue. The section leaves to the value and granting that authority automati- but only in a pending case under another Rules the form of the required notice and re- cally will eliminate the risk of delay. If the chapter of this title. The Model Law is not lated questions of notice to parties in inter- court is uncomfortable about his authority clear about whether it would grant standing est, the time for filing, and the like. in a particular situation it can ‘‘order other- in a recognized foreign proceeding if not full Section 1519. Relief may be granted upon peti- wise’’ as part of the order granting recogni- case were pending. This limitation reflects tion for recognition of a foreign pro- tion. concerns raised by the United States delega- ceeding Two special exceptions to the automatic tion during the UNCITRAL debates that a stay are embodied in subsections (b) and (c). This section generally follows article 19 of single grant of standing to bring avoidance To preserve a claim in certain foreign coun- the Model Law. actions neglects to address very difficult tries, it may be necessary to commence an The bankruptcy court will have jurisdic- choice of law and forum issues. This limited action. Subsection (b) permits the com- tion to grant emergency relief under Rule grant of standing in section 1523 does not mencement of such an action, but would not 7065 pending a hearing on the petition for create or establish any legal right of avoid- allow for its further prosecution. Subsection recognition. This section does not expand or ance nor does it create or imply any legal (c) provides that there is not stay of the reduce the scope of section 105 as determined rules with respect to the choice of applicable commencement of a full United States bank- by cases under section 105 nor does it modify law as to the avoidance of any transfer or ob- ruptcy case. This essentially provides an es- the sweep of sections 555 to 560. Subsection ligation. cape hatch through which any entity, includ- (d) precludes injunctive relief against police The courts will determine the nature and ing the foreign representative, can flee into and regulatory action under section 1519, extent of any such action and what national a full case. The full case, however, will re- leaving section 105 as the only avenue to law may be applied to such action. main subject to subchapter IV and V on co- such relief. Subsection (e) makes clear that operation and coordination of proceedings Section 1524. Intervention by a foreign rep- this section contemplates injunctive relief and to section 305 providing for stay or dis- resentative and that such relief is subject to specific The wording is the same as the Model Law, rules and a body of jurisprudence. Subsection missal. Section 108 of the Bankruptcy Code pro- (f) was added to complement amendments to except for a few clarifying words. vides the tolling protection intended by This section gives the foreign representa- the Code provisions dealing with financial Model Law article 2(3), so no exception is tive whose foreign proceeding has been rec- contracts. necessary as to claims that might be extin- ognized the right to intervene in United Section 1520. Effects of recognition of a for- guished under United States law. States cases, state or federal, where the eign main proceeding Section 1521. Relief that may be granted upon debtor is a party. Recognition begin an act In general, this chapter sets forth all the recognition of a foreign proceeding under federal bankruptcy law, it must take relief that is available as a matter of right This section follows article 21 of the Model effect in state as well as federal courts. This based upon recognition hereunder, although Law, with detailed changes to fit United section does not require substituting the for- additional assistance may be provided under States law. eign representative for the debtor, although section 1507 and this chapter have no effect The exceptions in subsection (a)(7) relate that result may be appropriate in some cir- on any relief currently available under sec- to avoiding powers. The foreign representa- cumstances. tion 105. tive’s status as to such powers is governed by The stay created by article 20 of the Model Section 1525. Cooperation and direct commu- section 1523 below. The avoiding power in law is imported to chapter 15 from existing nication between the court and foreign section 549 and the exceptions to that power provisions of the Code. Subsection (a)(1) courts or foreign representatives are covered by section 1520(a)(2). The wording is almost exactly that of the combines subsections 1(a) and (b) of article The word ‘‘adequately’’ in the Model Law, 20 of the Model Law, because section 362 im- Model Law. articles 21(2) and 22(1), has been changed to The right or courts to communicate with poses the restrictions required by those two ‘‘sufficiently’’ in section 1521(b) and 1522(a) other courts in worldwide insolvency cases is subsections and additional restrictions as to avoid confusion with a very specialized of central importance. This section author- well. legal term in United States bankruptcy, Subsections (a)(2) and (4) apply the Code izes courts to do so. This right must be exer- ‘‘adequate protection.’’ sections that impose the restrictions called Subsection (c) is designed to limit relief to cised, however, with due regard to the rights for by subsection 1(c) of the Model Law. In assets having some direct connection with a of the parties. Guidelines for such commu- both cases, the provisions are broader and non-main proceeding, for example where nications are left to the Rules. more complete than those contemplated by they were part of an operating division in Section 1526. Cooperation and direct commu- the Model Law, but include all the restrains the jurisdiction of the non-main proceeding nication between the trustee and foreign the Model Law provisions would impose. when they were fraudulently conveyed and courts or foreign representatives As the foreign proceeding may or may not then brought to the United States. Sub- create an ‘‘estate’’ similar to that created in This section follows the Model Law almost sections (d), (e) and (f)j are identical to those cases under this title, the restraints are ap- exactly. same subsections of section 1519. The language in Model Law article 26 con- plicable to actions against the debtor under This section does not expand or reduce the section 362(a) and with respect to the prop- cerning the trustee’s function was elimi- scope of relief currently available in ancil- nated as unnecessary because always implied erty of the debtor under the remaining sec- lary cases under sections 105 and 304 nor does tions. The only property covered by this sec- under United States law. The section author- it modify the sweep of section 555 through izes the trustee, including a debtor in posses- tion is property within the territorial juris- 560. diction of the United States as defined in sion, to cooperate with other proceedings. section 1502. To achieve effects on property Section 1522. Protection of creditors and other Subsection (3) is not taken from the Model of the debtor which is not within the terri- interested persons Law but is added so that any examiner ap- torial jurisdiction of the United States, the This section follows article 22 of the Model pointed under this chapter will be designated foreign representative would have to com- Law with changes for United States usage by the United States Trustee and will be mence a case under another chapter of this and references to relevant Code sections. bonded. title. It gives the bankruptcy court broad lati- Section 1527. Forms of cooperation By applying section 361 and 362, subsection tude to mold relief to circumstances, includ- This section follows the Model Law ex- (a) makes applicable the United States ex- ing appropriate responses if it is shown that actly. United States bankruptcy courts have the foreign proceeding is seriously and ceptions and limitation to the restraints im- already engaged in most of the forms of co- unjustifiably injuring United States credi- posed on creditors, debtors, and other in a operation mentioned here, but they now tors. For response to a showing that the con- case under this title, as stated in article 20(2) have explicit statutory authorization for ditions necessary to recognition did not ac- of the Model Law. It also introduces the con- acts like the approval of protocols of the sort tually exist or have ceased to exist, see sec- cept of adequate protection provided in sec- used in cases. tions 362 and 363. tion 1517. Concerning the change of ‘‘ade- These exceptions and limitations include quately’’ in the Model Law to ‘‘sufficiently’’ Section 1528. Commencement of a case under these set forth in section 362(b), (c) and (d). in this section, see section 1521 Subsection title 11 after recognition of a foreign main As one result, the court has the power to ter- (d) is new and simply makes clear that an ex- proceeding minate the stay pursuant to section 362(d), aminer appointed in a case under chapter 15 This section follows the Model Law, with for cause, including a failure of adequate shall be subject to certain duties and bond- specifics of United States law replacing the protection. ing requirements based on those imposed on general clause at the end to cover assets nor- Subsection (a)(2), by its reference to sec- trustees and examiners under other chapters mally included within the jurisdiction of the tion 363 and 552 adds to the powers of a for- of this title. United States courts in bankruptcy cases,

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.087 pfrm02 PsN: S07PT1 S11720 CONGRESSIONAL RECORD — SENATE December 7, 2000 except where assets are subject to the juris- broadly includes all proceedings involving Section 1002. Debt limit increase diction of another recognized proceeding. debtors in severe financial distress, so long This section amends section 104(b) of title In a full bankruptcy case, the United as those proceedings also meet the other cri- 11, United States Code, providing for annual States bankruptcy court generally has juris- teria of section 101(24). or biannual adjustments of the debt limit for diction over assets outside the United The amendment to section 157(b)(2) of title family farmers beginning with the adjust- States. Here that jurisdiction is limited 28 provides that proceedings under chapter 15 ment to be made on April 1, 2001. where those assets are controlled by another will be core proceedings while other amend- Section 1003. Certain claims owed to govern- recognized proceeding, if it is a main pro- ments to title 28 provide that the United mental units ceeding. States Trustee’s standing extend to cases The court may use section 305 of this title under chapter 15 and that the United States Subsection 1003(a) provides for payment in to dismiss, stay, or limit a case as necessary Trustee’s duties include acting in chapter 15 full of all claims entitled to section 507 pri- to promote cooperation and coordination in cases. ority unless the claim is owed to a govern- a cross-border case. In addition, although the Although the United States will continue mental unit arising from the sale, exchange, jurisdictional limitation applies only to to assert worldwide jurisdiction over prop- or other disposition of any farm asset used in United States bankruptcy cases commenced erty of a domestic or foreign debtor in a full the debtor’s farming operation. In that case, after recognition of a foreign proceeding, the bankruptcy case under chapters 7 and 13 of the claim is treated as an unsecured claim court has ample authority under the next this title, subject to deference to foreign pro- and the underlying debt is treated the same section and section 305 to exercise its discre- ceedings under chapter 15 and section 305, if the debtor receives a discharge or the hold- tion to dismiss, stay, or limit a United the situations different in a case commenced er of a particular claim agrees to a different States case filed after a petition for recogni- under chapter 15. There the United States is treatment of that claim. Subsection 1003(b) tion of a foreign main proceeding has been acting solely in an ancillary position, so ju- amends section 1231(d) of chapter 11, pro- filed but before it has been approved, if rec- risdiction over property is limited to that viding that any governmental unit’’ may ognition is ultimately granted. stated in chapter 15. provide a determination regarding the tax effects of a proposed plan under chapter 12. Section 1529. Coordination of a case under Amendments to section 109 permit recogni- title 11 and a foreign proceeding tion of foreign proceedings involving foreign TITLE XI—HEALTH CARE AND EMPLOYEE This section follows the Model Law almost insurance companies and involving foreign BENEFITS exactly, but subsection (4) adds a reference banks which do not have a branch or agency This title amends the Bankruptcy Code to to section 305 to make it clear the bank- in the United States (as defined in 12 U.S.C. deal with the problems presented when a ruptcy court may continue to use that sec- section 3103). While a foreign bank not sub- health care business, such as a hospital or tion, as under present law, to dismiss or sus- ject to United States regulation will be eligi- nursing home, files for bankruptcy under pend a United States case as part of coordi- ble for chapter 15 as a consequence of the chapters 7, 9 or 11. amendment to section 109, section 303 pro- nation and cooperation with foreign pro- Section 1101. Definitions ceedings. This provision is consistent with hibits the commencement of a full involun- tary case against such a foreign bank unless Section 1101 defines the terms ‘‘health care United States policy to act ancillary to a business,’’ ‘‘patients,’’ and ‘‘patient foreign main proceeding whenever possible. the bank is a debtor in a foreign proceeding. While section 304 is repealed and replace by records,’’ which are added to definitions sec- Section 1530. Coordination of more than one chapter 15, access to the jurisprudence which tion of the Bankruptcy Code (11 U.S.C. ’101). foreign proceeding developed under section 304 is preserved in Section 1102. Disposal of patient records This section follows exactly article 30 of the context of new section 1507. On deciding Section 1102 adds a new section 351 in sub- the Model Law. whether to grant the Additional Assistance chapter III of Chapter 3 of title 11 dealing It ensures that a foreign main proceeding contemplated by section 1507, the Court with the protection and disposal of patient will be given primacy in the United States, must consider the same factors that had records in a health care business bankruptcy consistent with the overall approach of the been imposed by former section 304. situation. United States favoring assistance to foreign The venue provisions for cases ancillary to The Trustee is required to follow certain main proceedings. foreign proceedings have been amended to procedures with respect to general and spe- Section 1531. Presumption of insolvency based provide a hierarchy of choices beginning cific notice to patients and insurance compa- on recognition of a foreign main pro- with principal place of business in the United nies regarding patient records, as well as the ceeding States, if any. If there is no principal place transfer and disposal of such records. These This section follows the Model Law ex- of business in the United States, but there is procedures are intended to protect the pri- actly, inserting a reference to the standard litigation against a debtor, then the district vacy and confidentiality of an individual’s for an involuntary case under this title. in which the litigation is pending would be medical records when they are in the cus- Where an insolvency proceeding has begin the appropriate venue. In any other case, tody of a health care business that has filed in the home country of the debtor, and in the venue must be determined with reference to for bankruptcy relief. the interests of justice and the convenience absence of contrary evidence, the foreign Section 1103. Administrative expenses claim for of the parties. representative should not have to make a costs of closing a health care business TITLE IX—FINANCIAL CONTRACT PROVISIONS new showing that the debtors in the sort of Section 1103 amends section 503(b) of title financial distress requiring a collective judi- This title addresses recently prominent 11, making the actual, necessary costs and cial remedy. The word ‘‘proof’’ here means forms of financial investments which require expenses of closing a health care business, ‘‘presumption.’’ The presumption does not special treatment in the insovlency context. including the cost or expense of disposing of arise for any purpose outside this section. It amends the Federal Deposit Insurance Act patient records and transferring patients to Section 1532. Rule of payment in concurrent to provide treatment financial contracts, another health care facility, an allowable ad- proceeding commodities contracts, securities contracts, ministrative expense. forward contracts, repurchase agreements This section follows the Model Law exactly Section 1104. Appointment of ombudsman to act and swaps. It also amends the Bankruptcy and is very similar to prior section 508(a), as patient advocate which is repealed. The Model Law language Code to provide appropriate treatment for Section 1104 (a) adds a new section 332 in is somewhat clearer and broader than the those types of financial investments. The Se- subchapter II of chapter 3 of title 11, pro- equivalent language of prior section 508(a). curities Investor Protection Act is amended as well to create an exception from the stay viding that the court appoint an ombudsman Section 802. Other amendments to titles 11 and under that Act for certain financial invest- to act as an advocate for patients of health 28, United States Code ment instruments. Finally, the Bankruptcy care facilities that have filed for bank- Other sections of title 11 have been amend- Code is amended to deal with certain special- ruptcy. The ombudsman will monitor the ed to apply relevant provisions in those sec- ized aspects of asset securitization. quality of patient care and report to the tions to chapter 15 and to specify which por- court every 60 days regarding the quality of TITLE X—PROTECTION OF FAMILY FARMERS tions of chapter 15 apply in cases under other that care. If the ombudsman determines that chapters of title 11. Section 1001. Permanent reenactment of chapter patient care is declining significantly or is The key definitions of foreign proceeding 12 otherwise materially compromised, he/she is and foreign representative do not appear in Under subsection 1001(a) chapter 12 (Ad- to immediately notify the court by motion chapter 15, but rather replace the prior defi- justment of Debts of a Family Farmer with or written report, with notice to appropriate nitions of those terms in section 101(23) and Regular Annual Income) is reenacted effec- parties in interest. The ombudsman is to 101(24). The new definitions are nearly iden- tive October 1, 1999. No time limit or termi- treat any information obtained regarding pa- tical to those contained in the Model Law nation date is established for chapter 12 tients as confidential information. The om- but add to the phrase ‘‘under a law relating under this provision. Subsection 1001(b) re- budsman may not review confidential pa- to insolvency’’ the words ‘‘or debt adjust- peals subsection 302(f) of the Bankruptcy, tient records, without the prior approval of ment.’’ This addition emphasizes that the Judges, United States Trustees, and Family the court and under restrictions protecting scope of the Model Law and chapter 15 is not Farmer Bankruptcy Act of 1986, which set a their confidentiality. Section 1104(b) pro- limited to proceedings involving only debt- now outdated termination date of October 1, vides for compensation of an ombudsman ors which are technically insolvent, but 1998 for chapter 12. under section 330(a)(1) of title 11.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.089 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11721 Section 1105. Debtor in possession; duty of trust- regard to chapter 11 plan confirmation re- Judgeship Act pf 1992 are extended until the ee to transfer patients quirements. Third, it amends section 541 of first vacancy resulting from the death, re- Section 1105 amends section 704(a) of title the Bankruptcy Code to provide that any tirement, resignation, or removal occurs: 11, stating that the trustee is to use all rea- property of a bankruptcy estate, where the (A) 8 years or more after November 8, 1993, sonable and best efforts to transfer patients debtor is a nonprofit corporation (as de- in the northern district of Alabama. from a health care facility being closed to scribed in section 501(c)(3) of the Internal (B) 10 years or more after October 28, 1993, another nearby and comparable health care Revenue Code) may be transferred to an enti- in the district of Delaware. facility, which maintains a reasonable qual- ty that is not such a corporation, but only (C) 8 years or more after August 29, 1994, in ity of care. under the same conditions that would apply the district of Puerto Rico. if the debtor was not in bankruptcy. The (D) 8 years or more after June 27, 1994, in Section 1106. Exclusion from program participa- the district of South Carolina. tion not subject to automatic stay amendments made by this section apply to cases pending on the date of enactment of (E) 8 years or more after November 23, 1993, This section permits the Secretary of this Act. A limited exception pertains with in the district of Tennessee. Health and Human Services to exclude the respect to confirmation of a chapter 11 plan. The section also amends section 152(a)(1) of debtor from participation in the medicare title 28 of the United States Code. It adds Section 1223. Protection of valid purchase program or other Federal healthcare pro- that each judge shall be appointed by the money security interests gram without violating the automatic stay. U.S. Court of Appeals for the circuit in Section 1223 amends section 547(c)(3)(B) of TITLE XII—TECHNICAL AMENDMENTS which such a district is located. the Bankruptcy Code extending the applica- Section 1226. Compensating trustees Section 1201. Definitions ble perfection period for a security interest This section makes technical corrections in property acquired by the debtor from 20 This section amends section 326 (Limita- to the definitions of the Bankruptcy Code, days to 30 days after the debtor receives pos- tion on Compensation of Trustee) with a new alters the definitions for ‘‘single asset real session of the property. subsection (e) providing that, in a case where estate’’ and ‘‘transfer’’, and renumbers the a trustee in a chapter 7 case makes a motion Section 1224. Extensions definitions. to dismiss or convert under section 707(b) Section 302(d)(3) of the Bankruptcy, Sections 1202—1212. Miscellaneous technical cor- and such motion is granted, the court shall Judges, U.S. Trustees, and Family Farmer rections allow ‘‘reasonable compensation’’ under sec- Bankruptcy Act of 1986 is amended by strik- tion 330(a) of title 11 for the services and ex- These provisions make technical changes ing out all references to ‘‘or October 1, 2002, penses of the trustee and the trustee’s coun- to the Bankruptcy Code provisions on ad- whichever occurs first’’ and ‘‘October 1, 2003, sel. The compensation covers the reasonable justment of dollar amounts, extensions of or’’ and ‘‘whichever occurs first’’. These costs of preparing and presenting the section time, dismissal, bankruptcy petition pre- changes permanently extend the bankruptcy 707(b) motion and any related appeals. This parers, compensation of professionals, con- administrator program in Alabama and section also adds a new subsection (f) to sec- version, administrative expenses, discharge, North Carolina. tion 326 providing that, subject to the limits discriminatory treatment, and property of Section 1225. Bankruptcy judgeships established in subsection 326(a), the court the estate provisions. This section may be cited as the ‘‘Bank- shall consider the ‘‘results achieved’’ when Section 1213. Preferences ruptcy Judgeship Act of 2000.’’ It authorizes determining a trustee’s compensation. Fi- This provision overrules Levit v. Ingersoll the appointment of additional temporary nally, this section amends subsection 1326(b) Rand Financial Corp. (In re V.N. Deprizio bankruptcy judgeships in the districts that dealing with payments under a chapter 13 Const. Co.), 874 F.2d 1186 (7th Cir. 1989). If a follow: plan. Specifically, a new paragraph (3) is transfer is avoided because it was made dur- (A) One additional bankruptcy judgeship added to subsection 1326(b) establishing a ing the period 90 days–1 year before bank- for the eastern district of California. formula limiting the amount a debtor must ruptcy to a non-insider creditor for the ben- (B) Four additional bankruptcy judgeships pay under a plan to compensate a chapter 7 efit of an insider, the transfer is avoided only for the central district of California. trustee or trustee’s attorney who has been with respect to the insider. It is not avoided (C) One additional bankruptcy judgeship awarded fees in a chapter 7 case, when that with respect to the non-insider creditor, and for the district of Delaware. compensation is allowed under section 326(e). neither the transferred property nor its (D) Two additional bankruptcy judgeships Section 1227. Amendment to section 362 of title value may be recovered from the non-insider for the southern district of Florida. 11, U.S. Code creditor. (E) One additional bankruptcy judgeship Amends section 362(b)(18) to exempt from Sections 1214–1217. Miscellaneous technical cor- for the southern district of Georgia. the automatic stay a special tax or special rections (F) Two additional bankruptcy judgeships assessment on real property (whether or not These sections make technical changes to for the district of Maryland. ad valorem), imposed by a governmental the Bankruptcy Code provisions on (G) One additional bankruptcy judgeship unit, if such special tax or assessment comes postpetition transactions, property of the es- for the eastern district of Michigan. due after the filing of the bankruptcy peti- tate, municipal bankruptcy and railroad line (H) One additional bankruptcy judgeship tion. abandonments. for the southern district of Mississippi. Section 1228. Judicial education (I) One additional bankruptcy judgeship for Section 1219. Discharge under chapter 12 the district of New Jersey. Provides that the Director of the Federal Section 1219 amends section 1228 (which (J) One additional bankruptcy judgeship Judicial Center, in consultation with the Di- deals with discharge under chapter 12) of the for the eastern district of New York. rector of the Executive Office of U.S. Trust- Bankruptcy Code to correct erroneous ref- (K) One additional bankruptcy judgeship ees, shall develop materials and conduct erences. for the northern district of New York. such training as may be useful to the courts Section 1220. Bankruptcy cases and proceedings (L) One additional bankruptcy judgeship in implementing this Act, focusing in par- ticular on the section 707(b) means test and Section 1220 of the of the Act amends sec- for the southern district of New York. reaffirmation. tion 1334(d) of title 28 of the United States (M) One additional bankruptcy judgeship Code to correct erroneous references. for the eastern district of North Carolina. Section 1229. Reclamation Section 1221. Knowing disregard of bankruptcy (N) One additional bankruptcy judgeship Subsection (a) of this section amends sec- law or rule for the eastern district of Pennsylvania. tion 546(c) of title 11, to allow a seller of (O) One additional bankruptcy judgeship goods to reclaim those goods under certain This section amends section 156(a) of title for the middle district of Pennsylvania. circumstances and establishing the proce- 18 of the United States Code, which defined (P) One additional bankruptcy judgeship dures and time limits for doing so. This pro- ‘‘bankruptcy petition preparer’’ and ‘‘docu- for the district of Puerto Rico. vision was amended in 1994 so as to expand ment for filing,’’ by making stylistic changes (Q) One additional bankruptcy judgeship the ability of sellers of goods to reclaim such and by making a correct reference to title 11 for the western district of Tennessee. goods from a trustee by extending the rec- of the United States Code. (R) One additional bankruptcy judgeship lamation demand period from 10 days to 20 Section 1222. Transfers made by nonprofit chari- for the eastern district of Virginia. days. The amendment made by this Act ex- table corporations The section provides that judgeship vacan- tends this period to 45 days, subject to cer- Section 1222 amends section 363(d) of the cies in the above districts resulting from tain limitations and requirements. Under ex- Bankruptcy Code to restrict the right of a death, retirement, resignation, or removal of isting law and this amendment, the rights trustee to use, sell, or lease property owned a bankruptcy judge which occur 5 years or and powers of the trustee under sections by a nonprofit corporation or trust. First, more after the appointment date shall not be 544(a), 545, 547 and 549 are subject to the right the use, sale or lease must be in accordance filled. of a seller of goods that has sold goods to the with applicable nonbankruptcy law and must The section also adds that temporary debtor in the ordinary course of the seller’s not be inconsistent with any relief granted bankruptcy judgeships authorized for the business. under certain specified provisions of section northern district of Alabama, the district of Specifically, under the new subsection 362 of the Bankruptcy Code concerning the Delaware, the district of Puerto Rico, the 546(c)(1), the seller’s rights to reclaim goods applicability of the automatic stay. Second, district of South Carolina, and the eastern which an insolvent debtor received not later the section imposes similar restrictions with district of Tennessee under the Bankruptcy than 45 days after the commencement of the

VerDate 06-DEC-2000 04:22 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.091 pfrm02 PsN: S07PT1 S11722 CONGRESSIONAL RECORD — SENATE December 7, 2000 case is not subject to certain of the trustee’s tangible personal property (other than secu- crees of district courts under subsection avoiding powers. However, the seller may rities or written or printed evidence of in- 158(a) and of bankruptcy appellate panels not reclaim the goods unless the seller debtedness or title) cannot be treated as under subsection 158(b). In addition, the makes a reclamation demand in writing: (A) property of the bankruptcy estate once the courts of appeals are granted jurisdiction not later than 45 days of the date of receipt statutory redemption period has run and the over appeals from all judgments, decisions, of such goods by the debtor; or (B) not later pawned goods have not been redeemed. Thus, orders, and decrees of the district courts en- than 20 days after the date of commence- pawned personal property is not part of a tered under the new subsection 158(d), to the ment of the case, if the 45–day period expires debtor’s bankruptcy estate, after the time extent such judgment, decision, order, and after commencement of the case. Subsection under the contract for redeeming the prop- decree would be reviewable by the district 546(c)(2) states that a failure to provide no- erty has expired. This codifies what most court under subsection 158(a). An appeal tice in a manner required under paragraph courts have held, and will relieve the courts from a district court or a bankruptcy appel- (1), does not preclude a seller from making a from the burden of having to repeatedly rule late panel shall be taken in the same manner claim under section 503(b)(8). on whether pawn transactions are subject to as civil appeals are generally taken to the As amended, subsection 546(c) contains cer- the automatic stay. courts of appeals from the district courts as tain exceptions to the seller’s reclamation Section 1233. Trustees provided in Rule 4 of the Federal Rules of rights. First, such rights do not apply to Appellate Procedure. The court of appeals, in claims with respect to grain or fish covered This section amends 28 U.S.C. 586(d) to its discretion, may exercise jurisdiction over in subsection 546(d). Second, another excep- allow private trustees, appointed to a panel an appeal from an interlocutory judgment, tion is provided for priority claims of a gov- under subsection 586(a)(1) or appointed under decision, order, or decree to the extent pro- ernmental unit under subsection 507(c) with subsection 586(b), to obtain judicial review vided in paragraph (3) of subsection (e). respect to an erroneous refund or tax credit. when they are terminated or cease to be as- Subsection (b) of section 1237 of this Act, Finally, reclamation claims are also made signed cases. Judicial review shall be avail- merely makes conforming changes sub- subject to the prior rights of holders of secu- able in the United States district court for stituting ‘‘section 158(e)’’ for ‘‘section 158(d)’’ rity interests in such goods or the proceeds the district for which the panel to which the in three sections of the Code. of the sale of such goods. trustee was appointed under subsection Section 1236. Exemptions Subsection (b) of this section, amends sec- 586(a)(1) serves, or the district where a trust- This section corrects a cross reference. tion 503(b) of title 11 to add a new paragraph ee appointed under subsection 586(a) resides. (8) which provides for an administrative ex- The trustee must first exhaust all adminis- TITLE XIII—METHAMPHETAMINE AND OTHER pense allowance for the value of goods re- trative remedies which, if the trustee elects, CONTROLLED SUBSTANCES ceived by the debtor not later than 20 days shall include a hearing on the record. The This title increases the controls on the after filing, if the goods were sold to the final agency decision will be upheld unless it manufacture and sale of certain illegal debtor in the ordinary course of the debtor’s is found unreasonable and without cause drugs. business. based upon the administrative record before TITLE XIV—CONSUMER CREDIT DISCLOSURE Section 1230. Providing requested tax documents the agency. This section also amends 28 Section 1401. Enhanced disclosures under an to the court U.S.C. 586(e) to allow an individual appointed open-ended credit plan Section 315 of HR 2415 amends section 521 under subsection 586(b) to seek judicial re- This section would amend section 127(b) of of the Bankruptcy Code to insert a new sub- view of a final agency decision to deny a the Truth in Lending Act (‘‘TILA’’) to re- section which requires the debtor to provide claim for actual, necessary expenses. Before quire new minimum payment disclosures on certain tax documents. In addition, under seeking judicial review, the individual must monthly billing statements sent to card- Rule 2004 discovery, a debtor can be required exhaust all available administrative rem- holders. Under this section, the front page of to disclose tax returns and other tax infor- edies and the final agency decision will be each monthly billing statement must in- mation in appropriate cases. If a debtor fails upheld unless it is unreasonable and without clude a new minimum payment disclosure. to do so, this provision provides sanctions. cause based on the administrative record. The contents of the disclosure will vary de- Subsection (a) withholds a discharge in a Section 1234. Bankruptcy forms pending upon the level of minimum pay- chapter 7 case where the debtor has failed to This section amends 28 U.S.C. 2075 (Bank- ments required under the applicable credit provide requested tax documents to the plan and whether the creditor is subject to court. Similarly, subsection (b) provides that ruptcy rules) by adding at the end a require- enforcement by the Federal Trade Commis- the court shall not confirm a reorganization ment that a form be prescribed for the state- sion (‘‘FTC’’). It is intended that the Federal plan under chapter 11 or chapter 13 unless ment required under section 707(b)(2)(C) of Reserve Board (‘‘FRB’’) will implement the and until requested tax documents have been title 11 concerning the debtor’s current new disclosures in a manner that will enable filed with the court. For these purposes, fail- monthly income and the calculations that creditors to preprint the disclosures on the ure to provide a tax return to the trustee is determine whether a presumption of abuse billing statements they send to cardholders. considered a refusal to provide it to the arises under section 707(b)(2)(A)(i). The form may provide general rules on the content of Disclosures by federally regulated finan- court. Subsection (c) provides that the bank- cial institutions. Financial institutions that ruptcy court must retain all documents sub- the statement. are subject to enforcement under TILA by a mitted in support of an individual’s bank- Section 1235. Expedited appeals of bankruptcy federal agency other than the FTC must pro- ruptcy claim under chapter 7, 11 or 13 for a cases to courts of appeals vide a minimum payment warning that will period of not more than 3 years after the Subsection (a) of this section strikes the vary depending upon whether the institu- conclusion of the case. In the event of a existing language contained in subsection tion’s credit plan typically requires a min- pending audit or enforcement action, the 158(d) of title 28, United States Code, and re- imum payment that is 4% or less, or more court may extend the time for retention of places it with language establishing an expe- than 4%, of the outstanding balance. If the the documents beyond the 3 year minimum. dited appeals process for judgments, deci- institution’s credit plan requires minimum Section 1231. Encouraging creditworthiness sions, orders, or decrees issued by bank- payments that are 4% or less of the out- Subsection (a) expresses that it is the ruptcy judges. Specifically, it provides that standing balance, the institution will include sense of Congress that: (1) some lenders may where an appeal of a judgment, decision, the following on the front of the monthly offer credit to consumers, without taking all order, or decree of a bankruptcy judge is billing statement. the steps necessary to ensure that consumers filed with the district court, that judgment, ‘‘Minimum Payment Warning: Making have the capacity to repay the resulting decision, order, or decree shall be deemed to only the minimum payment will increase the debts; and (2) the availability of credit may be a judgment, decision, order, or decree of interest you pay and the time it takes to be a factor contributing to consumer insol- (‘‘entered by’’) the district court 31 days repay your balance. For example, making vency. Subsection (b) authorizes the Federal after the appeal is filed with the district only the typical 2% minimum monthly pay- Reserve Board to conduct a study of credit court. This result will occur unless, not later ment on a balance of $1,000 at an interest industry practices with respect to soliciting than 30 days after such an appeal is filed rate of 17% would take 88 months to repay and extending credit. Subsection (c) provides with the district court, the district court: (1) the balance in full. For an estimate of the that, not later than 12 months after the date files its own decision on the appeal; (2) en- time it would take to repay your balance, of enactment of this Act, the Board shall ters an order extending the 30–day period for making only minimum payments, call this make public a report on the findings of its cause upon a motion of a party or on its own toll-free number lll.’’: study of the credit industry. The Board may motion; or (3) all parties to the appeal file a If the financial institution requires a min- then issue regulations that would require ad- written consent that the district court may imum payment of more than 4% of the out- ditional disclosures to consumers and take retain the appeal. An appeal is to be consid- standing balance, the institution would any other action, consistent with its statu- ered filed with the district court on the date make the same minimum payment disclo- tory authority, to encourage responsible the notice of appeal is filed, or on the date a sure with a different repayment example. lending practices and greater personal re- party makes an election under 28 U.S.C. Specifically, in such cases, the institution sponsibility on the part of consumers. 158(c)(1)(B). would indicate that ‘‘[m]aking a typical 5% Section 1232. Property no longer subject to re- This section also adds a new subsection (e) minimum monthly payment on a balance of demption to 28 U.S.C. 158, providing that the courts of $300 at an interest rate of 17% would take 24 This section amends section 541(b) of the appeals have jurisdiction over appeals from months to repay the balance in full.’’ How- Bankruptcy Code to clarify that pawned, all final judgments, decisions, orders, and de- ever, such an institution may elect to use

VerDate 06-DEC-2000 04:22 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.093 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11723 the example applicable to plans requiring which provides open-end credit temporary rate. This disclosure does not minimum payments of 4% or less if it choos- accountholders with the actual number of apply to any listing of a temporary rate on es to do so. months that it will take to repay the an envelope or other enclosure in which an Federally regulated financial institutions accountholder’s outstanding balance. In application or solicitation is mailed. also would be required to include in the dis- order to qualify for the exemption in sub- 3. If the annual percentage rate that will closure a toll-free telephone number that the paragraph (J), the creditor would simply in- apply after the expiration of the temporary institution’s open-end credit accountholders clude the following statement on each bill- rate will be a variable rate, the creditor may use to obtain information to be pub- ing statement as provided in new subpara- must disclose the time period in which the lished by the FRB estimating how long it graph (K) (as included in section 1234 of this introductory period will expire and an an- could take to repay a similar outstanding Act): nual percentage rate that was in effect with- balance. The toll-free telephone number may ‘‘Making only the minimum payment will in 60 days before the date of mailing the ap- be operated individually by the institution, increase the interest you pay and the time it plication or solicitation. Like the fixed-rate jointly with other creditors, or by a third takes to repay your balance. For more infor- disclosure, this disclosure must be made party. The toll-free number may connect mation, call this toll-free number: lll.’’ clearly and conspicuously in a prominent lo- accountholders to an automated device that The toll-free number may be operated indi- cation closely proximate to the first listing enables accountholders to obtain informa- vidually by the institution, jointly with of the temporary rate. This disclosure does tion through use of a touch-tone telephone other creditors or by a third party. It is in- not apply to any listing of a temporary rate or similar device, so long as accountholders tended that the toll-free number may con- on an envelope or other enclosure in which without a touch-tone telephone or similar nect accountholders to an automated device an application or solicitation is mailed. device are provided an opportunity to speak that enables them to obtain information 4. If the temporary rate can be revoked for to an individual. The FRB is charged with through the use of a touch-tone telephone or reasons other than the expiration of the in- developing charts or tables showing how long similar device, so long as accountholders troductory period, the creditor must clearly it could take to repay various balances, as- without a touch-tone telephone or similar and conspicuously disclose on or with the ap- suming the limited number of repayment as- device are provided the opportunity to speak plication or solicitation a general descrip- sumptions specified in the bill. It is intended with an individual. tion of the circumstances that may result in that the FRB, in preparing the charts or ta- FRB study. In addition, the FRB has the the revocation of the temporary rate and ei- bles, will use the same methodology as that authority to conduct a study, if it chooses to ther the fixed rate that would apply upon the used in calculating the 88-month and 24- do so, to determine the types of information revocation of the temporary rate, or in the month repayment periods set forth in the available to potential borrowers regarding case of a variable rate program, the rate that disclosures in new paragraphs (11) (A), (B) factors of notifying potential borrowers for was in effect within 60 days before the date and (C) of TILA section 127(b). The FRB credit, repayment requirements, and the of mailing the application or solicitation. Effective date. This section and any regula- charts or tables would be used for responding consequences of default. tions promulgated by the FRB to implement to accountholders who call the toll-free tele- Effective date. New section 127(b)(11) of this section will not take effect until the phone number. TILA and any regulations promulgated by later of: (A) 12 months after the date of en- A special rule is established for depository the FRB to implement section 127(b)(11) will actment of this Act; or (B) 12 months after institutions with total assets not exceeding not take effect until the later of: (A) 18 the publication of final regulations by the $250 million. Under this special rule, such de- months after the date of enactment of this FRB. pository institutions are not required to Act; or (B) 12 months after the publication of comply with the toll-free number provision final regulations by the FRB. Section. 1404. Internet-based credit card solicita- tions described above. Instead, such depository in- Section 1402. Enhanced disclosure for credit ex- stitutions are required to furnish a toll-free tension secured by a dwelling This section requires that the existing number which the FRB shall establish and TILA credit card application and solicitation This section adds a new disclosure that disclosures must be made in connection with maintain itself, or have established and must be made by creditors who make either maintained by a third party, for a period not a solicitation to open a credit card account open-end or closed-end loans to consumers if via the Internet. It also requires that the to exceed 24 months following the effective those loans are secured by the consumer’s date of this Act. Once the FRB (or third new introductory rate disclosures required principal dwelling. This section provides under section 1603 of this Act must be made party) no longer maintains the toll-free tele- that, in connection with credit applications phone number, depository institutions with in connection with Internet solicitations, as and credit advertisements for such loans, the applicable. All disclosures required under total assets not exceeding $250 million shall creditor must disclose to the consumer that continue to be required to furnish a toll-free this section must be made in a clear and con- if the loan exceeds the fair market value of spicuous manner. The disclosures must be telephone number under this Act. the dwelling, the interest on the portion of Disclosures for creditors subject to FTC readily accessible to consumers in close the credit that exceeds the fair market value enforcement under TILA. Creditors subject proximity to the solicitation to open a credit is not tax deductible for federal income tax to FTC enforcement under TILA would be re- card account, and updated regularly to re- purposes and that the consumer may want to quired to include the same minimum pay- flect the current policies, terms, and fee consult a tax advisor for further information ment disclosure as financial institutions who amounts applicable to the credit card ac- regarding the deductibility of interest and require minimum payments in excess of 4% count. It is intended that the disclosures can charges. This section and any regulations of the outstanding balance. However, instead be made by allowing a consumer to use a issued by the FRB to implement this section of including a toll-free telephone number op- ‘‘link’’ or similar method to view the disclo- will not take effect until the later of: (A) 12 erated by the creditor (or third party), those sures. This section and any regulations pro- months after the date of enactment of the subject to FTC enforcement under TILA mulgated by the FRB to implement this sec- Act; or (B) 12 months after publication of the would include a toll-free telephone number tion will not take effect until the later of: final regulations by the FRB. through which accountholders could contact (A) 12 months after the date of enactment of the FTC for an estimate of the time it would Section 1403. Disclosure related to ‘‘introductory this Act; or (B) 12 months after the publica- take to repay the accountholder’s out- rates’’ tion of final regulations by the FRB. standing balance. In responding to This section mandates new disclosures re- Section 1405. disclosures related to late payment accountholder calls made to the toll-free garding introductory rates on open-end cred- deadlines and penalties number, the FTC will use the same repay- it card accounts if those rates will be in ef- This section requires that each monthly ment charts or tables developed by the FRB. fect for less than 1 year (‘‘temporary rates’’). billing statement sent to credit cardholders Additional flexibility. In order to provide This section provides that an application or and other open-end credit borrowers must in- added flexibility in making the new disclo- solicitation to open a credit card account clude a new disclosure if a late payment fee sures, new paragraph (11)(D) allows a cred- which is described in section 127(c)(1) of will be imposed on the borrower for failing to itor to use its own repayment example rath- TILA must comply with the following re- make the minimum payment by the pay- er than those specified in subparagraphs (A), quirements if the account offers a temporary ment due date. In such cases, the monthly (B) or (C) provided that the creditor’s exam- rate: billing statement must clearly and conspicu- ple is based on an interest rate greater than 1. Each time the temporary rate appears in ously state the date that the payment is due 17%. the written materials, the term ‘‘introduc- or, if the card issuer contractually estab- Exemptions from new disclosure require- tory’’ must appear clearly and conspicuously lishes a different date, the earliest date on ments. The new section 127(b)(11) does not in immediate proximity to the rate itself. which (or time period in which) a late pay- apply to charge card accounts provided that 2. If the rate that will apply after the tem- ment fee may be charged and the amount of the primary purpose of such accounts is to porary rate expires will be a fixed rate, the the late payment fee to be imposed if pay- require payment of charges in full each creditor must disclose the time period in ment is made after that date (or time pe- month. which the introductory period will expire riod). This section and any regulations pro- Disclosures for creditors providing actual and the annual percentage rate that will mulgated by the FRB to implement this sec- number of months to repay balance. Under apply after the end of the introductory pe- tion will not take effect until the later of: new section 127(b)(11)(J), a creditor is not riod. This disclosure must be made clearly (A) 12 months after the date of enactment of subject to new sections 127(b) (11)(A) or (B) if and conspicuously in a prominent location this Act; or (B) 12 months after the publica- the creditor maintains a toll-free number closely proximate to the first listing of the tion of final regulations by the FRB.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.095 pfrm02 PsN: S07PT1 S11724 CONGRESSIONAL RECORD — SENATE December 7, 2000 Section 1406. Prohibition on certain actions for bipartisan issue. Regrettably, however, The evidence shows that abusive fil- failure to incur finance changes this modest and sensible idea—the idea ings are the exception, not the rule. This section prohibits a creditor under an that we should close the loopholes that The median income of the average open-end consumer credit plan from termi- a small number of people were using to American family filing for a chapter 7 nating an account of a consumer prior to its game the system—has been warped bankruptcy is just above $20,000 per expiration date (e.g., expiration of the card into legislation that goes far beyond in the case of a credit card account) solely year, according to the General Ac- because the consumer has not incurred fi- its original purposes. counting Office. The majority of people nance charges on the account. This provision The process that created this con- who file for bankruptcy are single makes it clear, however, that the creditor ference report was highly partisan and women who are heads of households, el- may terminate the account if it is inactive highly unusual. Its provisions were derly people trying to cope with med- for three or more consecutive months. New drafted by one party meeting in secret, ical costs, again people who have lost section 127(h) of TILA and any regulations with no formal input from members of their jobs, or families whose finances promulgated by the FRB to implement new the Democratic Party. Indeed, no for- have been complicated by divorce. section 127(h) will not take effect until the mal conference was ever held. Instead, For the most part, we are talking later of: (a) 12 months after the date of en- at the last minute the majority found actment of this Act; or (b) 12 months after about working people or elderly people a stalled Department of State author- on fixed incomes, who through no fault the publication of final regulations by the ization bill that was being managed by FRB. of their own have fallen on hard times Senators who were sympathetic to Section 1407. Dual use debit card and need the protection of bankruptcy their version of the bankruptcy bill to help put their lives back together. It This section permits the FRB to conduct a and they performed a legislative bait study of existing consumer protections, in- is also worth noting that last year, the and switch. They deleted every word cluding voluntary industry rules, that limit per capita personal bankruptcy rate from the Department of State bill and the liability for consumers when a con- dropped by more than 9 percent, and then inserted every word of their bank- sumer’s ATM card or debit card is used to ac- again this year the bankruptcy rate cess the consumer’s asset account without ruptcy bill. Now the Senate is being asked to has dropped. the consumer’s authorization. The impact that this legislation vote on a so-called Department of Section. 1408. Study of bankruptcy impact of would have on single-parent households credit extended to dependent students State authorization bill that contains not a word about the Department of is particularly disturbing to me. Single This section directs the FRB to conduct a parents have one of the hardest jobs in study regarding the impact that the exten- State. The Department of State bill is sion of credit to certain students has on the nothing but an empty vessel into which America. Most work all day, cook rate of bankruptcy. Specifically, the study a so-called ‘‘compromise’’ bankruptcy meals, keep house, help their children must examine the bankruptcy impact of ex- bill has been poured. But we have to be with homework, and schedule doctors’ tending credit to consumers who are claimed careful here—the word ‘‘compromise’’ appointments, parent-teacher meet- as a dependent by their parents or others for doesn’t mean what it used to mean, ings, and extracurricular activities. federal tax purposes and who are enrolled what it normally means in the legisla- Life isn’t easy for working single par- within 1 year of successfully completing all tive process. This isn’t a compromise ents and often the financial assistance required secondary education requirements they receive in the form of alimony or on a full-time basis in post-secondary edu- between the two Houses of Congress. cational institutions. The results of the This isn’t a compromise between the child support is critical to keeping study must be reported to Congress within 1 two parties. This compromise bill is their families from falling into pov- year after the date of enactment of the Act. the result of negotiations among like- erty. I believe that the conference re- Section 1409. Clarification of clear and con- minded men and women of the same port before the Senate would frustrate spicuous political party. This is a majority-only the efforts of single-parent families to This section directs the Board, in consulta- bill. There has been no meaningful collect support payments. tion with other federal banking agencies, the compromise at all. I understand that the proponents of National Credit Union Administration and Aside from the procedural problems this bill believe that they have treated the FTC, to promulgate regulations, includ- with how this bill has been handled, I single-parent families fairly. But what ing examples of model disclosures, to provide have deep and serious concerns about I am worried about is the unintended— guidance regarding the meaning of ‘‘clear the substance of this legislation. but perfectly foreseeable—con- and conspicuous’’ as used in sections This legislation will unintentionally sequences of allowing more debts to 127(b)(11)(A), (B) and (C) and 127(c)(6)(A)(ii) and (iii) of TILA as added by this Act. injure honest hard-working Americans survive bankruptcy. who have fallen on hard times through For more than 100 years, the Bank- TITLE XV—GENERAL EFFECTIVE DATE; APPLICATION OF AMENDMENTS no fault of their own. The reason that ruptcy Code has given women and chil- Section 1501. Effective date; application of we have a Bankruptcy Code is because dren an absolute preference over all amendments. life sometimes deals people a bad hand others who have claims on a debtor’s The amendments made by the Act take ef- and we believe that it’s important to estate. Under the well-established rule, fect 180 days after the date of enactment, ex- give people a fresh start—an oppor- if a divorced person files for bank- cept as provided elsewhere in the Act. These tunity to overcome the financial mis- ruptcy, the court doesn’t require that amendments apply only with respect to cases fortunes that have struck them. This person’s ex-spouse or children to com- commenced after the effective date. principle is so fundamental that the pete with creditors for the funds need- Mr. HATCH. Thank you. We are in Constitution expressly lists the estab- ed to pay child support and alimony. agreement on what this legislation lishment of uniform bankruptcy laws Instead, alimony and child support are does. as a congressional responsibility. It taken out of the debtor’s monthly in- Mr. DODD. Mr. President, I rise seems that the Framers understood come first and if there is anything left today to speak about the Bankruptcy that society is better off if we find an over, it is made available to commer- Reform Conference Report that is orderly way to allow people to pay off cial creditors. If there is nothing left being considered by the Senate. Let me their debts to the degree possible, and over, then the commercial or consumer start by noting that there is strong op- then get back on their feet as produc- debts are discharged and the debtor’s position to this bill—in its current tive citizens. Regrettably, that prin- only remaining obligation is to the ex- form—by consumer advocacy groups ciple seems to suffer at the hands of spouse and children. such as the National Women’s Law this conference report. This conference report would change Center, the Association for children for Evidence suggests that the vast ma- the rules. For the first time, it would Enforcement of Support, and the Con- jority of people who file for bankruptcy make credit card and other consumer sumer Federation of America. do so because some financial crisis be- debts essentially nondischargable. So, This conference report is an illustra- yond their control has plunged them while a divorced spouse would still be tion of what happens when a sound idea into debt that they cannot avoid. Peo- obliged to pay alimony and child sup- is submitted to an unsound process. ple file for bankruptcy because they’ve port, his or her other unsecured debts The idea of reforming the Bankruptcy lost their jobs or because a child needs would remain intact. Code to stop obvious abuses was an medical care that is not covered by in- Proponents of this bill say this does idea that had broad support. It was a surance. no harm to divorced spouses and their

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.097 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11725 children because ex-spouses are still at restore some balance to our bank- cent of the national median income, the front of the collections line. But ruptcy code is not controversial. who are largely exempted from the there is a huge practical difference be- The legislation before us today does means test. tween being first in line and being the indeed tighten current law. It assures Compared to current law, this legis- only one in line. Under current law, that those who have the ability to lation provides increased protections nonsupport debts are often discharged pay—but only those with the ability to against creditors who try to abuse the and debtors can focus entirely on meet- pay—will have to complete at least a reaffirmation process. This bill also ing their obligations to their children partial repayment plan. This funda- imposes new requirements on credit and ex-spouses. If this conference re- mental change will affect probably card companies to explain to their cus- port becomes law, that will change— fewer than 10 percent of the people who tomers the implications of making debtors will not be able to focus on file for bankruptcy, and only those who minimum payments on their bills their children, they will—as a matter have the demonstrated ability to pay. every month. of law—have to divert limited financial I would bet, that most of our con- And a feature of this legislation that resources to pay back consumer credi- stituents would be surprised to find I think deserves much more emphasis tors. that is not the case today. Today’s is its historic improvement in the I believe that this change will inevi- code makes no clear distinction be- treatment of family support pay- tably lead to conflicts between com- tween those who have the income to ments—child support and alimony. mercial creditors and single parents pay some of their debts and those Compared to current law, there are nu- who are owed support and alimony pay- whose only recourse is to sell off what- merous specific new protections for ments. Sure, they will be first in line, ever assets they have to pay their those who depend on those payments. but single parents will be competing creditors. The bill before us corrects The improvements are so important with large creditors. Creditors, I might that basic flaw. that they have the endorsement of the add, who are well-represented by teams I am convinced that flaw has a lot to National Child Support Enforcement of lawyers. do with the fact that bankruptcy fil- Association, the National District At- I believe that it is a mistake to make ings have been at record levels in re- torneys Association, and the National single parents compete with teams of cent years, in spite of the strongest Association of Attorneys General. lawyers for the money they need to economy we have ever enjoyed. And— These are the people who are actu- feed and clothe and educate their chil- contrary to some of the assertions we ally in the businesses of making sure dren. have heard recently, those filings are that family support payments are I understand the perspective that not going down. After a leveling off, made. One passage from a letter sent to members of the Senate Judiciary Com- says that all debts should be paid—but following interest rate reductions a mittee deserves repeating here, Mr. when debtors simply cannot pay all of couple of years ago that made credit President. Referring to the very real their debts, then I believe that our easier, the latest statistics show a re- advantages which this legislation laws should protect the interests of vival in the record wave of bankruptcy would provide to the women and chil- children and families first. Under this filings in recent months. The problem dren who depend on those support pay- legislation, a child support payment has not gone away—and the growing ments, they say that, and I quote ‘‘de- could very well be reduced in order to evidence of a slowing economy means satisfy an unsecured commercial cred- feat of this legislation based on vague we should expect even more filings in itor. In my view, that change would and unarticulated fears’’ would be the coming months. ‘‘throwing out the baby with the place the well-being of a child at a dis- The fact is, Mr. President, that we advantage and elevate the status of the bathwater.’’ have before us legislation that is the I think this last line from the letter unsecured creditor. result of weeks of debate and amend- Low-income children and families deserves special stress: ‘‘No one who ment here on the Senate floor last will be put at a practical disadvantage has a genuine interest in the collection year. Although we could not convene a by this bill and will ultimately suffer of support should permit such inex- formal conference, further bipartisan greater economic deprivation because plicit and speculative fears to supplant they cannot afford to compete with so- discussions continued this summer, in- the specific and considerable advan- phisticated creditors. cluding the direct participation of the tages which this reform legislation pro- Mr. President, Congress should re- White House. I ask my colleagues to vides to those in need of support.’’ form the Bankruptcy Code, but we need consider how closely the legislation be- Mr. President, I can think of no to do so in a responsible and effective fore us today matches the letter and stronger rebuttal to the arguments we and fair way. In my opinion, this con- the spirit of the bill that had such have heard recently about the supposed ference report—even though it was overwhelming support earlier this effects of this legislation on the women well-intentioned—has not answered year. and children who depend on alimony this call. I also strongly urge the President to and child support. Mr. BIDEN. Mr. President, today we reconsider his threat to veto this legis- Finally, Mr. President, I want to reach a point that has been far too long lation, that contains many provisions briefly address two issues that have in coming: a vote on final passage of that are the product of direct negotia- been raised by the President, and by bankruptcy reform. Just two days ago, tions with his White House. I know opponents of this legislation. I hon- the Senate voted overwhelmingly—67 that important voices in his adminis- estly believe that compared to the to 31—to end debate on this legislation. tration continue to support bank- many substantial victories for Senate I expect the same strong endorse- ruptcy reform, and I hope that he will positions, those two issues fall far ment in today’s vote. heed their advice. short of justifying a change in the For reasons that we are all aware of, We still have a strong safe harbor, to overwhelming support bankruptcy re- it has been a prolonged and com- protect families below the median in- form has received in the last two ses- plicated process that has brought us to come, along with adjustments for addi- sions of Congress. this point today. In one of our very tional expenses that will assure that First, there is the issue of the home- first votes this year, the Senate passed only those with real ability to pay will stead cap. One of the most egregious bankruptcy reform legislation by the be steered from Chapter Seven to Chap- examples of abuse under current law is overwhelming margin of 83 to 14. Simi- ter 13. Senate language, that gives the ability of wealthy individuals, on lar legislation passed the House last judges the discretion to determine the eve of filing for bankruptcy, to year, 313 to 108. I personally believe whether there are special cir- shelter income from legitimate credi- that we should not have waited for leg- cumstances that justify those ex- tors by buying an expensive house in islation that passed both Houses by penses, prevailed over stricter House one of the handful of states that have overwhelming margins, many months language. an unlimited homestead exemption in ago, to finally reach the floor of the Beyond that, the Senate-passed safe bankruptcy. Senate in the last hours of this session. harbor provision has actually been It is one of the most egregious For vast, bipartisan majorities of strengthened, with additional protec- abuses, Mr. President, but it is actu- both houses, the idea that we need to tion for those between 100 and 150 per- ally pretty rare, involving only a very

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.020 pfrm02 PsN: S07PT1 S11726 CONGRESSIONAL RECORD — SENATE December 7, 2000 few of the millions of bankruptcies penalties she was assessed were not dis- Debtors should not be able to avoid that have been filed in recent years. chargeable. their obligations by funneling money Nevertheless, it is an abuse that should Mr. President, the Congressional Re- into extravagant estates. The Con- be eliminated. Senator KOHL and Sen- search Service, as of October 26, con- ference Report lets this egregious prac- ator SESSIONS have been the leaders in ducted an exhaustive, authoritative tice continue. the Senate on this. They are the reason search which, and I quote: ‘‘did not re- Second, I am proud to be an original why the Senate included a strong pro- veal any reported decisions where such cosponsor of Senator Schumer’s vision—a ‘‘hard cap’’ of $100,000 on the liability was discharged under the U.S. amendment to prevent anti-abortion value of a home that could be exempt Bankruptcy Code.’’ extremists from using bankruptcy laws from creditors in bankruptcy. So the current bankruptcy statute— to avoid paying civil judgements That provision is not in the bill be- and the most recent case law on this against them. The Senate passed the fore us today, Mr. President, but the point—all say that the Schumer Schumer amendment by an over- worst abuse—the last-minute move to Amendment is not needed. That is to whelming 80–17 vote. It protects a shelter assets from creditors—has been take nothing away from the hard work woman’s right to choose and the ongo- eliminated. To be eligible for any and dedication of my friend and col- ing effectiveness of the Freedom of Ac- state’s homestead exemption, a bank- league on the Judiciary Committee, or cess to Clinic Entrances, FACE, Act. ruptcy filer must have lived in that to minimize the frustration and out- The FACE Act has led to successful state for the last two years before fil- rage many Americans feel at the an- criminal and civil judgements against ing. If you buy a home within two nounced attempts to abuse the bank- groups that use intimidation and out- years of filing, your exemption is ruptcy code. It is simply to say that right violence to prevent people from capped at $100,000. That is a huge im- the women who use and who operate obtaining or providing reproductive provement over current law. family planning clinics are not without health services. I am deeply dis- So I say to my colleagues: if you recourse, and not without the full pro- appointed that the Conference Report want to eliminate the worse abuse of tection of the law, under the current has omitted this important provision. the homestead exemption, then you bankruptcy code. Third, I had hoped that the Con- will vote for the conference report be- I repeat, Mr. President: no one has ference Report would work to improve fore us today. escaped liability under the Fair Access the limited consumer credit card pro- That brings us to the last of the to Clinics Entrances Act through an tections in the Senate bill. Unfortu- major issues—one that we have come abuse of the bankruptcy code. No one. nately, the Conference Report has gone to call the Schumer Amendment, be- So, Mr. President, we will vote today the other way—consumer protections cause of the energy and dedication of on a conference report that has a have been deleted. For example, the my friend and colleague from New strong Senate stamp on it, that con- Senate passed an amendment by Sen- York. tains important victories for Senate ator BYRD that would have required We all know of the confrontations— positions, victories that make the bill any credit card solicitation on the sometimes peaceful, sometimes trag- in some ways fairer and more balanced Internet to be accompanied by infor- ically violent—that have occurred in than the version that passed here in mation from the Federal Trade Com- recent years between pro-life and pro- January by an overwhelming vote. mission, FTC, that gives consumers ad- choice groups over access to family While the homestead provision is not vice about selecting and using credit planning clinics. Because of the threat what I hoped it would be, I will vote for cards. The Conference Report dropped to the Constitutional rights of the peo- closing the worst aspects of the home- this provision. ple who run those clinics and their pa- stead loophole in the current code. I Additionally, the Conference Report trons, Congress passed, and President will not let the best be the enemy of deleted an amendment by Senator Clinton signed, the Free Access to Clin- the good. LEVIN that would have made it clear ic Entrances Act in 1993. That law And I will vote for this conference re- that consumers do not owe interest for makes it a crime—punishable by fines port confident that family planning on-time credit card payments. Pres- as well as imprisonment—to block ac- clinics, and the women who need and ently, many credit card solicitations cess to family planning clinics. use them, will continue to enjoy the advise consumers that interest is not Some of those who have been ar- full protection available under current charged on payments made within a rested and prosecuted under that law law. grace period (such as 25 days). How- have brazenly announced that they I urge my colleagues to join me. ever, in the fine print, these agree- plan to file for bankruptcy, to escape Mrs. FEINSTEIN. Mr. President, I ments state that if the entire debt is the consequences of their crimes—spe- support bankruptcy reform, and I voted not paid back, the cardholder is liable cifically, to avoid paying damages. in favor of the Senate bankruptcy bill, for interest on the full amount Some of these individuals have in fact this past February. Simply put, people charged. Say $995 is paid off of a $1,000 filed for bankruptcy. who can afford to repay their debts, credit debt, most people reasonably as- But in no case—in no case that I am should repay their debts. sume that they owe interest on just the aware of, Mr. President, or that the However, I cannot support the unpaid $5. Not so. The credit card com- Congressional Research Service has version of bankruptcy legislation out- pany will charge consumers interest been able to find—has any individual lined in the Conference Report to H.R. retroactively on the full $1,000. This escaped a single dollar’s liability by fil- 2415. The Conference Report has important amendment would have ing for bankruptcy. Not a dollar, not a dropped key provisions from the Sen- brought interest charges in line with dime, not a penny. It hasn’t happened, ate-passed bankruptcy bill, and has consumer expectations. and it won’t happen. The reason is sim- failed to protect consumers against ir- When analyzing legislation, it is ple: current bankruptcy already states responsible creditor practices. Thus, I often telling to review the opinions of that such settlements—for ‘‘willful and intend to vote ‘‘No’’. those groups with no financial stake in malicious’’ conduct—are not discharge- Let me recount my concerns. the outcome. Overwhelmingly, the non- able in bankruptcy. First, the Conference Report lets partisan experts on bankruptcy—the If that were not enough, current case wealthy individuals continue to pur- judges, trustees, and academics—have law supports a very strong reading of chase multimillion dollar homes that expressed serious concerns or opposi- that provision of current law. When are shielded from creditors’ bank- tion to this bankruptcy bill. These or- one clinic demonstrator—who violated ruptcy claims. The Senate bill curbed ganizations include the National Bank- a restraining order—attempted to have this abuse, voting 76–22 to approve the ruptcy Conference, NBC, the National the settlement against her wiped out in Kohl amendment placing a $100,000 na- Conference of Bankruptcy Judges, bankruptcy, her claim was rejected out tionwide cap on homestead exemptions. NCBJ, the National Association of of hand. The violation of a restraining The Conference Report replaced the Chapter 13 Trustees, NACTT, the Na- order setting physical limits around a Kohl amendment with a two-year own- tional Association of Bankruptcy clinic has been ruled to be ‘‘wilful and ership or residency requirement that Trustees, NABT, and law professors malicious’’ under the current code. The wealthy debtors can easily sidestep. from many of our nation’s law schools.

VerDate 06-DEC-2000 04:30 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.092 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11727 On October 30, 2000, for example, 91 law around in the bankruptcy numbers. tors. The Conference Report would de- professors wrote to me that the ‘‘bill is However, the current decline came lete the Senate amendment that pro- deeply flawed,’’ and will not achieve about without Congressional interven- vided a firm homestead cap of $100,000 balanced reform. The professors state tion, demonstrating that to some de- and instead allow wealthy debtors to that ‘‘. . . the problems with the bank- gree, free-market forces work to cor- retain expensive homes while filing for ruptcy bill have not been resolved, par- rect any over-use of the bankruptcy bankruptcy, so long as the debtor ticularly those provisions that ad- system. The reason is that lenders and owned the property for two years be- versely affect woman and children.’’ credit card companies, in an effort to fore the bankruptcy filing. Because Congress should also take note that, maximize their profits, can and do re- wealthier debtors would have no dif- after soaring to record levels in the spond to an unexpected increase in per- ficulty tying up their creditors for a mid-1990s, bankruptcy filings declined sonal bankruptcies by curtailing new relatively short period of time, the in recent years. In 1998, bankruptcy fil- lending to consumers who are credit two-year residency requirement would ings totaled 1,442,549. In 1999, bank- risks. However, there are still those have no real effect on debtors moving ruptcy filings totaled 1,319,540 cases, a who will game the system, and we to states with unlimited homestead decline of almost 10 percent from the should narrowly craft legislation to ad- amounts to take advantage of this previous year. dress such abuse. Unfortunately, this loophole. The bill changes nothing, as A final note, Mr. President. When the bill fails to take a balanced approach long as the well-counseled debtor 107th Congress convenes, the Senate to bankruptcy reform. I had hoped that makes his homestead purchase at least will be evenly divided for the first time through a legitimate legislative proc- 24 months before filing. But, the 24- in over a century. If we are to govern, ess we would arrive at a compromise month rule unfairly differentiates be- to conduct the nation’s business, we that would have ended the abuses but tween consumers who are sophisticated have to be able to work across party still provided our most vulnerable citi- enough to plan in advance for home- lines. The bankruptcy Conference Re- zens with adequate protections. This stead protection and which are not. port we are considering this afternoon bill does just the opposite: It harms The whole point of bankruptcy re- is a case study of how not to govern. those who most need bankruptcy pro- form is to create accountability for There was no conference; this report tection and protects those who don’t. both creditors and debtors. The first emerged as the product of negotiations For instance, the bill’s safe harbor will part of that equation is missing en- held exclusively between House and not benefit individuals in most need of tirely in H.R. 2415. At the same time, Senate Republicans. Maybe if they had help. Because the safe harbor is based the bill fails in any way to impose any consulted with the minority, they on the combined income of the debtor restrictions on these industries with could have fashioned a bill the minor- and the debtor’s spouse, many single regard to the way they provide credit ity could support. But they didn’t. mothers who are separated from their to those who can least afford to incur They deliberately excluded us. The re- husbands and who are not receiving a great deal of debt. The bill does not sult is a Conference Report the Presi- child support will not be able to take require important specific disclosures dent has vowed to veto. advantage of the safe harbor provision. on monthly credit card statements Bankruptcy reform requires a bal- In other words, a single mother who is that would show the time it will take anced bill that is fair to both debtors being deprived of needed support from to pay a balance and the cost of the and creditors. This bill doesn’t measure a well-off spouse is further harmed by credit if only minimum payments are up. I intend to vote no on passage of this bill, which will deem the full in- made. This type of disclosure was in- the Conference Report to H.R. 2415. I come of that spouse available to pay cluded in the legislation passed by the hope that Congress will revisit bank- debts for the safe harbor determina- Senate in 1998 and should be part of ruptcy reform in the 107th Congress, tion. Moreover, the bill jeopardizes the any reform bill. The conference report and work in a bipartisan way to ad- post-bankruptcy collection of child also excludes Senate-passed amend- dress known abuses in our bankruptcy support. By creating many new types ments that would have provided credit laws. of nondischargeable debts in favor of Mr. KERRY. Mr. President, I strong- credit card companies, the bill would information in electronic credit card ly believe that reform of our bank- place banks in direct competition with applications over the Internet and pro- ruptcy laws is necessary. During the single parents trying to collect child tections against finance charges being 105th and 106th Congress, I supported support after bankruptcy. In addition, imposed on credit card payments made legislation to reform bankruptcy laws the bill gives creditors new levers to within the creditor-provided grace pe- and end the abuse of the system. How- coerce reaffirmations, in which debtors riod. It also does nothing to discourage ever, I am unable to support the con- must agree to pay back debts that oth- lenders from further increasing the ference report of the Bankruptcy Re- erwise would have been discharged, so debt of consumers who are already form Bill because I believe it is unfair that those debts also will compete with overburdened with debt. and unbalanced, was completed with- child support obligations. Finally, the I am also very disappointed that the out appropriate consideration by the claim of the bill’s sponsors that it conference report does not include an Minority party, and is unfair to many ‘‘puts child support first’’ is an exam- amendment offered by Senator COLLINS working families and single mothers. ple of the worst kind of Washington and myself, which was included in the Sponsors of bankruptcy reform have cynicism. Although the bill moves Senate bill, that would make Chapter justified the legislation by arguing child support claims from seventh to 12 of the Bankruptcy Code, which now that the bill is necessary because we first priority in Chapter 7 cases, the applies to family farmers, applicable are in the midst of a ‘‘bankruptcy cri- provision is virtually meaningless be- for fishermen. I believe that this provi- sis.’’ I am among those who believe cause almost no Chapter 7 cases in- sion would have made bankruptcy a that, too often, bankruptcy is used as volve any distribution of assets to more effective tool to help fishermen an economic tool to avoid responsi- creditors. Few debtors have any assets reorganize effectively and allow them bility for unsound decisions and reck- to distribute to priority unsecured to keep fishing while they do so. less spending. There has been a decline creditors after secured creditors re- Finally, this bill is the result of a in the stigma of filing for bankruptcy, ceive the value of their collateral. conference process that was a sham. In and appropriate changes are necessary Therefore, this change would affect October, the House appointed conferees to ensure that bankruptcy is no longer fewer than 1 percent of cases. On the for the Bankruptcy Reform Act and considered a lifestyle choice. However, other hand, the conference report pro- without holding a conference meeting, I must point out that the current num- tects wealthy debtors by allowing them the Majority filed a conference report bers show that the bankruptcy rate is to use overly broad homestead exemp- striking international security legisla- lower than it was when the bill was tions to shield assets from their credi- tion and replacing it with a reference first introduced. Indeed, if the bank- tors. The homestead exemption has to a bankruptcy reform bill introduced ruptcy reform act had been enacted been used by wealthy individuals to earlier that same day. This makes a into law, the sponsors would undoubt- shelter millions of dollars in expensive mockery of the legislative process and edly now be taking credit for this turn- homes to avoid repaying their credi- demeans the United States Senate. I

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.048 pfrm02 PsN: S07PT1 S11728 CONGRESSIONAL RECORD — SENATE December 7, 2000 am hopeful that during the 107th Con- by perpetrators of violence against ment would have ensured that per- gress, we can develop bipartisan legis- women. Protecting access to reproduc- petrators of clinic violence, who in- lation that would encourage responsi- tive health clinics and providers is not curred debt as a result of unlawful bility and reduce abuses of the bank- an abortion issue, but a women’s acts, could not discharge that debt in ruptcy system. health and safety issue. bankruptcy proceedings. Mrs. MURRAY. Mr. President, I come Violent anti-choice groups provide I am also concerned that the Senate- to the floor today to express my dis- legal assistance to violent protesters passed proposal to curb debtor abuse by appointment with the Bankruptcy Con- on how to use the Code to protect their closing the homestead loophole was ference Report. I reluctantly will be assets against possible financial liabil- weakened in conference. The home- voting no on the final conference ity. Their criminal debts are simply ex- stead loophole permits debtors in cer- agreement because it fails the fairness cused under the current Code. This tain states to shield luxurious homes, test and because it fails to protect the conference report fails to close that while shedding thousands of dollars of most vulnerable families facing dire fi- loophole. The Schumer amendment was debt in bankruptcy. The Senate passed nancial times. adopted on an 80 to 17 vote, but the an amendment to create a $100,000 na- I have supported bankruptcy reform final conference agreement simply tionwide cap on the homestead exemp- in the past. I continue to support fair dropped this bipartisan anti-violence tion, thus closing the loophole. The and balanced reforms to prohibit the amendment. conference report still allows for such misuse of the bankruptcy code and to We know that this conference report abuse of the system so long as the ex- prohibit individuals from using the will be vetoed and has little or no pensive home was purchased two years code as a shield against honoring their chance of becoming law. The decision in advance of the bankruptcy filing. financial commitments. We need re- to push this through in a partisan man- This provision allows sophisticated form because we all pay for the abuses. ner has jeopardized bankruptcy reform. debtors with the resources to plan Working families struggling with the As a result, working families will suf- ahead for bankruptcy to game the sys- cost of credit deserve reform. Families fer. I am hopeful that with the new tem. trying to save to purchase their first Congress and the need to work in a bi- Furthermore, I am disappointed with home cannot afford the added burden partisan manner we will see real bank- the unusual legislative process the ma- forced on them due to abuse of our ruptcy reform in the next Congress. I jority used to file this conference re- bankruptcy laws. will continue to work for reform that port. The bill before us today, H.R. Unfortunately, the final product pre- is balanced, fair and that protects 2415, was originally introduced as the sented to the Senate is unacceptable. women against violence and intimida- American Embassy Security Act. Last In an attempt to prevent a fair and tion. I want reform, but not at the ex- August, when the Senate passed this open debate, this conference report has pense of women or children. legislation and requested a conference bypassed the normal legislative proc- Mr. President, I hope all of my col- with the House, it dealt with State De- ess, and Senators have been denied the leagues will honor the mandate we all partment and international security opportunity to improve the legislation. received in the election. The American matters. More than a year later, the Clearly this conference report has been people did not give one party or one House appointed conferees, stripped the driven by special interests and not the philosophy a mandate to govern. They international security provisions from interests of working families. It does want a bipartisan Congress that will the bill and replaced them with a not ensure that mothers and children put aside political bickering and spe- version of a bankruptcy reform bill. who depend on child support and ali- cial interest and work to solve the That is the wrong way to legislate. mony payments won’t lose out to big problems facing real people and real Mr. President, I believe that bank- special interests. It does not require families. ruptcy reform could have been resolved any responsible actions by credit card Mr. LEVIN. Mr. President, earlier in in a fair and bipartisan way. Unfortu- companies in educating or informing the year, when the Bankruptcy Reform nately, it was not handled in this way consumers to the cost of debt. bill was before the Senate, I voted in and so I cannot lend my support to the This conference report is vastly dif- favor of the bill. I said at the time that bill. ferent from the bill that passed the ‘‘over the course of debate, the Senate Mr. ROBB. Mr. President, throughout Senate in March. I supported that bill. adopted more than 40 amendments, my career I have been a staunch advo- The conference report before us, how- making this a more reasonable ap- cate for fiscal responsibility, believing ever, will make it impossible for fami- proach to bankruptcy reform.’’ How- that as a government we should make lies to seek bankruptcy protection ever, I also said that ‘‘should this legis- every effort to pay our own way and when they are hit with overwhelming lation come back from conference . . . not leave our debts to our children. financial problems often caused by without the modest amendments we That same principle of fiscal responsi- events beyond their control. In many adopted in the Senate, I will consider bility compelled me to be an early co- cases, families are forced into bank- opposing the bill at that time.’’ sponsor of the bankruptcy reform bill. ruptcy due to unexpected medical bills The bill before us is one I cannot sup- I believe that, whenever possible, indi- caused by a disabling accident or con- port. The negotiators who worked out viduals should take personal responsi- dition. Many women are forced into the differences between the Senate and bility for debts that they incur and pay bankruptcy due to the break up of House passed versions of the bill, de- what they owe. their family and their inability to col- leted or weakened many of the provi- Under our current bankruptcy sys- lect court ordered child support. These sions that were key components of the tem, debtors can be absolved of their families should not be turned away Senate-passed bankruptcy reform bill. debts even when they may have the simply because credit card companies Both of the amendments that I spon- ability to pay. I support bankruptcy re- made reckless decisions in issuing sored were deleted from the final form because I believe that if an indi- credit to individuals unable to manage version of the bill. One of those amend- vidual has the ability to repay their debt or unaware of the costs of man- ments simply required a study to de- debts, they should have an obligation aging debt. termine if credit card companies use to do so. The conference report we’re This conference report also elimi- residences or zip codes to determine considering today adheres to that basic nates the Schumer Clinic Violence credit worthiness. The other amend- principle. Amendment that I cosponsored and ment I sponsored would have prohib- While I have supported bankruptcy that I believe must be part of any re- ited credit card companies from apply- reform throughout this Congress, how- form bill. We cannot allow those who ing interest charges on the paid por- ever, I’m extremely disappointed with use violence or the threat of violence tion of a balance during a so-called how we got to this point in the process. to shield themselves from financial re- grace period. There has been a lot of talk about the sponsibilities by running to bank- Another provision that was deleted need for bipartisanship recently, but ruptcy court. Without the Schumer was Senator SCHUMER’s amendment, there is little evidence of bipartisan- amendment, the Bankruptcy Code will which passed by an enormous margin ship in the process used to develop this continue to be subject to exploitation in the Senate. The Schumer Amend- conference report. In fact, that process

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.046 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11729 represents the exact opposite of bipar- have shown unwavering dedication to and (2) that the Attorney General des- tisanship. The minority was locked out accomplishing the important reforms ignate one Assistant U.S. Attorney and of the deliberations completely. in this bill; and the many other mem- one FBI agent in each judicial district In addition, I’m concerned that im- bers of the Senate for their hard work as having primary responsibility for in- portant provisions that I supported and and cooperation. vestigating and prosecuting fraud in which passed overwhelmingly in the The compelling need for this reform bankruptcy. Senate were dropped in conference, is highlighted by the large number of I would like to take a moment to ac- specifically the amendment involving bankruptcy filings we have seen over knowledge a few people who have violence against abortion clinics and the past several years, which are par- worked very hard on this legislation. the amendment involving the home- ticularly troubling because they have On my staff, I particularly would like stead exemption. I continue to support occurred during a time of relative pros- to thank the Committee’s Chief Coun- those provisions, but they were not in perity for our Nation. Mr. President, sel and Staff Director, Manus Cooney, the bill I originally cosponsored. And the bankruptcy system was intended to the counsels who worked diligently on while I had hoped that those provisions provide a ‘‘fresh start’’ for those who this measure, Makan Delrahim, Rene would be included in the final package, truly need it. During the process of de- Augustine and Kyle Sampson, and staff the absence of those provisions doesn’t veloping this legislation, I have re- assistant Katie Stahl. On Senator diminish the basic proposition con- mained committed to preserving a LEAHY’s Committee staff, I want to tained in the underlying bill which bankruptcy system that will allow recognize Minority Chief Counsel caused me to lend my support to the those individuals to emerge from se- Bruce Cohen, along with counsel Ed measure in the first place. vere financial hardship. At the same Pagano. On the Administrative Over- Let me conclude by acknowledging time, I believe that individuals should sight and the Courts Subcommittee, I the help and friendship of many of take personal responsibility for their would like to thank John McMickle those who have called me or my office debts and repay them if they are able and Kolan Davis, counsels to Senator over the last few days urging me to to do so. I believe the complete elimi- GRASSLEY, and Jennifer Leach, counsel change my position on this legislation. nation of debt should be reserved for to Senator TORRICELLI, for their tire- Many of the groups and individuals those who truly cannot repay their less efforts and input. My thanks also who oppose this bill are among those debts, not for those who simply choose goes to Ed Haden and Sean Costello, with whom I most often find common not to repay. counsels to Senator SESSIONS. I also cause and have supported me strongly This bipartisan legislation, authored would like to express my gratitude to over the years. It is particularly pain- by Senators GRASSLEY and TORRICELLI, Senate Legislative Counsel, and in par- ful for me not to be able to oblige them is carefully structured to achieve an ticular I want to recognize Laura in this instance. But I made a decision appropriate balance between the rights Ayoud of that office, whose hard work in May of last year to cosponsor this and responsibilities of both debtors and made this bill a better product. With- legislation, and there have been no creditors. If enacted, it will enable out the dedication and efforts of these major substantive changes between those truly in need of a fresh start to loyal public servants, the important re- then and now that would compel me to get one, and at the same time, reform forms in this legislation would not change my position. So while I regret current law to prevent the system from have been possible. Thank you. having to say ‘‘no’’ to so many of my being abused at the expense of honest, f friends, I cannot in good conscience hard-working Americans. Mr. Presi- UNANIMOUS CONSENT turn my back on a principle which is so dent, again I would like to applaud the AGREEMENT—H.J. RES. 127 fundamental to me—the principle of bipartisan efforts of my colleagues who Mr. GRASSLEY. Mr. President, I personal responsibility. As a result, I have made this a broadly-supported bill have been asked to propound this unan- will maintain the position I have held that removes some of the abuses of the imous consent request which, I have since this bill was introduced and will current bankruptcy system while en- been told, has been approved on both vote for final passage. hancing consumer protections. Mr. HATCH. Mr. President, let me I am particularly proud of the great sides. I ask unanimous consent that imme- begin by saying that H.R. 2415 is one of strides this legislation makes in im- diately following the vote on the pas- the most important legislative efforts proving current law. The legislation in- sage of the bankruptcy legislation, the to reform the bankruptcy laws in dec- cludes my provision to prevent dead- Senate proceed to the consideration of ades. beat parents from using bankruptcy to I would like to express my thanks to avoid paying child support. It includes H.J. Res. 127, the continuing resolu- the people who have worked on this my provision to protect educational tion. I further ask unanimous consent legislation. First, I want to acknowl- savings accounts that parents and that the resolution be read a third time edge the Majority Leader, who has grandparents set up for their children and that the Senate then proceed to a worked diligently to keep this legisla- and grandchildren. And, it includes my vote on passage of the resolution, with tion on its course. Thanks to his com- provision that ensures that the retire- no intervening action or debate. The PRESIDING OFFICER. Without mitment to moving this legislation, we ment savings of teachers and church objection, it is so ordered. are in a position to eliminate the workers are given the same protection abuses in the current bankruptcy sys- in bankruptcy as everyone else. It in- f tem, while at the same time, enhance cludes my provision that prevents vio- BANKRUPTCY REFORM ACT OF consumer protections. lent criminals and drug traffickers 2000—CONFERENCE REPORT—Con- I also want to acknowledge the from taking advantage of bankruptcy tinued Ranking Member of the Senate Judici- at the expense of their victims. Specifi- The PRESIDING OFFICER. The Sen- ary Committee, Senator LEAHY, who cally, when these criminals voluntarily ator from Minnesota. has worked with me to reach agree- file for bankruptcy, my provision pro- Mr. WELLSTONE. Mr. President, ment on many of the bill’s provisions. tects victims by allowing them to how much time do I have remaining? In addition, I want to commend my move for dismissal of the bankruptcy The PRESIDING OFFICER. The Sen- colleagues, Senators GRASSLEY and case. The legislation also includes my ator from Minnesota has 2 minutes re- TORRICELLI, the Chairman and ranking provision that is designed to curb fraud maining. minority member of the Subcommittee in bankruptcy filings by putting in Mr. WELLSTONE. Mr. President, re- on Administrative Oversight and the place new procedures and providing sponding to my friend from Iowa, the Courts, respectively, for their hard new resources to enhance enforcement President has called Senators and for work in crafting this much needed leg- of bankruptcy fraud laws. My provision good reason: This is a piece of legisla- islation, and for their unrelenting com- requires (1) that bankruptcy courts de- tion that has very little balance. mitment to making the development velop procedures for referring sus- I gave the example again of LTV and passage of this bill a bipartisan pected fraud in bankruptcy schedules workers in the iron range of Minnesota process. My thanks also goes to Sen- to the FBI and the U.S. Attorney’s Of- which is going to shut down in Feb- ator SESSIONS and Senator BIDEN, who fice for investigation and prosecution ruary. One month later, there could be

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.022 pfrm02 PsN: S07PT1 S11730 CONGRESSIONAL RECORD — SENATE December 7, 2000 an illness in a family, a medical bill, Mr. REID. I announce that the Sen- my good friend Senator HATCH, the the worker no longer has a job and can- ator from Louisiana (Ms. LANDRIEU) is Chairman of the Judiciary Committee not pay the mortgage. necessarily absent. for their work on this measure. They Under this piece of legislation, what The PRESIDING OFFICER (Mr. doggedly pursued this passage here would be the income that is calculated? CRAPO). Are there any other Senators today. They showed leadership and we Would it be the income of this family in the Chamber desiring to vote? made some progress. with the head of the household unem- The result was announced—yeas 70, I only wish we could have completed ployed? No. Under this bill, in order to nays 28, as follows: our work on this bill and resolved the see whether this family could file [Rollcall Vote No. 297 Leg.] remaining important issues in a way under chapter 7, you would look over YEAS—70 that I could have supported and the the past 6 months and average out the Abraham Dorgan McCain President could sign. income all the months he or she was Allard Enzi McConnell f working. But they do not have a job. Ashcroft Frist Miller Most of the people file for chapter 7 Bayh Gorton Murkowski ORDER OF BUSINESS Bennett Graham Nickles because of a major medical bill. It is 50 Biden Gramm Robb Mr. LOTT. Mr. President, I know percent. Only about 3 percent game Bingaman Grams Roberts that Senators are interested in the this system. Bond Grassley Roth Breaux Gregg Santorum schedule. Now we have a piece of legislation Brownback Hagel Sessions First, just very briefly, I want to rec- that does not ask the credit card com- Bryan Hatch Shelby ognize the achievement that has just panies to be accountable, does not do Bunning Helms Smith (NH) taken place. A lot of hard work went anything about their egregious prac- Burns Hollings Smith (OR) Byrd Hutchinson Snowe into this bill over a long period of time tices, targets the most vulnerable peo- Campbell Hutchison Specter by, of course, Senator GRASSLEY, Sen- ple, and has very little balance. This Chafee, L. Inhofe Stevens ator HATCH, Senator LEAHY, and Sen- piece of legislation should be defeated. Cleland Jeffords Thomas Cochran Johnson Thompson ator TORRICELLI. But it also took co- That is why the President is opposed to Collins Kerrey Thurmond operation from Senator WELLSTONE. it. That is why labor, civil rights, Conrad Kyl Torricelli Whether he is for it or against it, I women, children, consumer organiza- Craig Lincoln Voinovich think again it showed that when we try tions, all oppose this piece of legisla- Crapo Lott Warner DeWine Lugar we can get a final result which gets tion. I say to my colleagues, it is too Domenici Mack some 70 votes. harsh. It is without balance. I know NAYS—28 I commend all of them. there is a powerful economic constitu- This upcoming vote on the con- ency behind it, but I hope you will vote Akaka Inouye Murray Baucus Kennedy Reed tinuing resolution should be the last against it. Boxer Kerry Reid vote of the week. It will be necessary I yield the floor. Daschle Kohl Rockefeller to pass an additional continuing reso- Dodd Lautenberg Sarbanes The PRESIDING OFFICER. The Sen- lution on Friday. However, we are not ator from New Mexico. Durbin Leahy Schumer Edwards Levin Wellstone aware of any request on the other side Mr. DOMENICI. Mr. President, I rise Feingold Lieberman Wyden of the aisle for a rollcall vote. to congratulate all the Senators who Feinstein Mikulski Harkin Moynihan Tomorrow’s continuing resolution have been working on this issue and, in should carry us over until Monday or particular, the chairman who is stand- ANSWERED ‘‘PRESENT’’—1 Tuesday, and we will make further an- ing here, Senator GRASSLEY, and has Fitzgerald nouncements to update Members as to been here many times. NOT VOTING—1 the schedule for next week. Today, in an extended session, we Landrieu During this time, we will be putting will finally reform the bankruptcy laws the finishing touches on the appropria- The conference report was agreed to. of America. They are very important tions bills and a final determination on Mr. GRASSLEY. Mr. President, I because credit in America, be it from the Medicare adjustments. move to reconsider the vote. banks, from individual lenders, wher- We are working in a bipartisan way Mr. LOTT. I move to lay that motion ever, is really the heartbeat of what and in a bicameral way with the ad- on the table. makes us tick and permits us to give ministration. our citizens material means. Without The motion to lay on the table was agreed to. We hope to be able to finish the busi- credit, things do not work in America. ness for the year and for this Congress Every now and then, we have to fix Mr. GRASSLEY. Mr. President, I before the end of next week. It will the bankruptcy laws so they work in want to thank all of the people who take a lot more work, but we are mak- behalf of not only the debtors but the helped get this bill passed. ing some progress in that direction. creditors of America. That is what we Senator HATCH, Senator SESSIONS, are doing here. I think it will pass Senator TORRICELLI, and Senator BIDEN f have all been very helpful. I thank overwhelmingly. MAKING FURTHER CONTINUING them publicly for their hard work. I My thanks to those who have worked APPROPRIATIONS FOR THE FIS- even want to thank Senator LEAHY. I so hard on it. I cannot claim to be one CAL YEAR 2001 of them. also want to thank the staff who have Again, Senator CHUCK GRASSLEY has been helpful: Makan Delrahim and The PRESIDING OFFICER. Under great persistence, and this is a tribute Renee Augustine of Senator HATCH’s the previous order, the Senate will pro- to him and a good start to his chair- staff; Ed Haden and Brad Harris of Sen- ceed to the consideration of H.J. Res. manship of the Finance Committee. ator SESSION’s staff; Jennifer Leach of 127, which the clerk will report. I yield the floor. Senator TORRICELLI’s staff; Jim Greene The legislative clerk read as follows: Mr. GRASSLEY. I ask for the yeas of Senator BIDEN’s staff; Kolan Davis A joint resolution (H.J. Res. 127) making and nays. and John McMickle of my staff. I also further continuing appropriations for the fis- The PRESIDING OFFICER. Is there a want to thank Ed Pagan and Bruce cal year 2001, and for other purposes. sufficient second? Cohen of Senator LEAHY’s staff. Mr. LOTT. Mr. President, I ask for There appears to be a sufficient sec- I want to emphasize the great the yeas and nays. ond. amount of work and expertise toward The PRESIDING OFFICER. Is there a The hour of 3:45 p.m. having arrived, this successful effort of my Counsel, sufficient second? the question is on agreeing to the con- John McMickle. Without his hard work There is a sufficient second. ference report to accompany H.R. 2415. the bill would not have been the good The question is on passage of the The clerk will call the roll. product and compromise it is. joint resolution. The legislative clerk called the roll. Mr. LEAHY. I congratulate Senator The clerk will call the roll. Mr. FITZGERALD (when his name GRASSLEY, the Chairman of the Admin- The assistant legislative clerk called was called). Present. istrative Oversight Subcommittee and the roll.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.094 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11731 Mr. NICKLES. I announce that the The PRESIDING OFFICER. The mittee on which I sat for 6 years. When Senator from Arizona (Mr. KYL) and clerk will call the roll. I came to the Senate, I met with Sen- the Senator from Pennsylvania (Mr. The assistant legislative clerk pro- ator DOMENICI. At the time, I was se- SPECTER) are necessarily absent. ceeded to call the roll. lected for that committee, and we Mr. REID. I announce that the Sen- Mr. ABRAHAM. Mr. President, I ask talked about our goals and hopes that ator from Louisiana (Ms. LANDRIEU) is unanimous consent that the order for some day we might advance a balanced necessarily absent. the quorum call be rescinded. budget to complete and see the Nation The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without balance its budget. Many people any other Senators in the Chamber objection, it is so ordered. thought we would never achieve that in who desire to vote? f our lifetime, and yet 3 short years after The result was announced—yeas 96, SERVICE IN THE SENATE I arrived on the committee, and under nays 1, as follows: PETE DOMENICI’s great leadership, that [Rollcall Vote No. 298 Leg.] Mr. ABRAHAM. Mr. President, it is rare in this Chamber for incumbent objective was realized. YEAS—96 I thank the chairman of the Small Senators who have lost on election day Business Committee, KIT BOND, whose Abraham Enzi Mack to still have the privilege of addressing Akaka Feingold McCain friendship has helped me in legislative the Senate again, at least in their ca- Allard Feinstein McConnell battles of recent years. I have only Ashcroft Fitzgerald Mikulski pacity of finishing out their terms. For Baucus Frist Miller me, if there is a silver lining behind been on that committee 2 years, but Bayh Gorton Moynihan his leadership also has been important Bennett Graham Murkowski this extended session of which we are a part, it is because it gives me a chance to my success in the Chamber. Biden Gramm Murray I extend my thanks to all of my col- Bingaman Grams Nickles to thank people—friends, supporters, Bond Grassley Reed staff, colleagues, and others—who have leagues. There are many close friends Boxer Gregg Reid made it possible for me, a grandson of who are part of this Chamber, people Breaux Hagel Robb with whom my family and I have be- Brownback Harkin Roberts immigrants, to serve and succeed here. Bryan Hatch Rockefeller I begin today by making some com- come close in the last 6 years and oth- Bunning Helms Roth ments and thanking people who have ers who have already departed the Burns Hollings Santorum Chamber but with whom we remain Byrd Hutchinson Sarbanes made a difference. Campbell Hutchison Schumer First, I thank my Senate colleagues close. Chafee, L. Inhofe Sessions with whom I have worked over the last Senator CHUCK HAGEL from Nebraska Cleland Inouye Shelby 6 years. I especially express my grati- is here with me today. I especially Cochran Jeffords Smith (NH) thank him for his great friendship and Collins Johnson Smith (OR) tude for the majority leaders under Conrad Kennedy Snowe whom I have served—Senator Bob Dole support. Senators JEFF SESSIONS, Craig Kerrey Stevens and Senator TRENT LOTT—for their SUSAN COLLINS, JUDD GREGG and MIKE Crapo Kerry Thomas confidence in me, for making me part DEWINE have also done me the honor of Daschle Kohl Thompson DeWine Lautenberg Thurmond of their circle of key advisers, for their helping me in my legislative efforts as Dodd Levin Torricelli support on both legislative and polit- well as being my friends over these last Domenici Lieberman Voinovich ical matters and, most importantly, for six years, and for that I want to thank Dorgan Lincoln Warner them. And finally for my Republican Durbin Lott Wellstone their friendship. Edwards Lugar Wyden I extend the same heartfelt thanks to colleagues, I want to thank all the the other members of our leadership other members of my freshman class, NAYS—1 teams over the last 6 years: To Senator the folks with whom I came in 1995, Leahy DON NICKLES for whom I served as dep- and who helped so substantially change NOT VOTING—3 uty whip for 4 years; to our conference the direction of this country: Senator Kyl Landrieu Specter chairman, THAD COCHRAN, who served SANTORUM, Senator INHOFE, Senator The joint resolution (H.J. Res. 127) when I first arrived here, and Senator THOMPSON, Senator FRIST, Senator was passed. CONNIE MACK; to our Senate campaign ASHCROFT, Senator KYL, Senator Mr. SESSIONS. Mr. President, I committee chairman, MITCH MCCON- SNOWE, Senator GRAMS, and as I men- move to reconsider the vote, and I NELL, and the late Senator PAUL tioned before, Senator DEWINE. move to lay that motion on the table. COVERDELL; to the Chairman of the Re- I reach across the aisle and thank the The motion to lay on the table was publican Policy Committee Senator many colleagues on the Democratic agreed to. LARRY CRAIG; to our new Conference side with whom I have worked on so The PRESIDING OFFICER. The Sen- Secretary Senator KAY BAILEY many bipartisan issues in the last 6 ator from Michigan. HUTCHISON, and so many others who years: f have provided me with guidance and To CARL LEVIN, our senior Senator leadership during the time I have been from Michigan with whom I have PRIVILEGE OF THE FLOOR here. worked very closely on many issues of Mr. ABRAHAM. Mr. President, I seek I also take special note of the people importance to our State; unanimous consent to have the mem- with whom I have served as a member To TED KENNEDY, my ranking mem- bers of my staff be allowed the privi- of their committees: To our Commerce ber on the Senate Immigration Sub- lege of the floor for the brief period of Committee chairman, JOHN MCCAIN, committee which I chaired. We have time that I make some remarks here who has been a great friend and sup- been very successful in passing a num- related to my tenure in the Senate. porter and through whose help I have ber of pieces of legislation through the The staff members are: Adam Condo, been able to pass significant legislation bipartisan cooperation we have David Carney, Meagan Vargas, Tom that came from our Commerce Com- achieved in that subcommittee; Glegola, Vance Poole, Bob Carey, Katja mittee agenda. To JOE LIEBERMAN, who has been the Bullock, Carrie Cabelka, Alex Hageli, I thank our Judiciary Committee lead cosponsor of my American Com- Tyler White, Rachael Bohlander, Kevin chairman, ORRIN HATCH, who helped me munity Renewal Act, and other Kolevar, Joe McMonigle, Katie Packer, get on his committee my very first progrowth initiatives; Cesar Conda, Joe Davis, Margaret Mur- year here and whose support on that To RON WYDEN, my partner in so phy, Jessica Moore, Sue Wadel, Majida committee helped me to achieve a many high-technology initiatives; Dandy, Lillian Smith, Julie Teer, Jim number of personal objectives with re- To RUSS FEINGOLD, BOB GRAHAM, and Pitts, Michael Ivanenko, Chase Hutto, spect to legislative goals and who others who have worked closely with Stuart Anderson, Lee Lieberman Otis, worked closely with me and his staff me. and Randa Fahmy Hudome. worked closely with my staff as we I also thank the many friends and The PRESIDING OFFICER. Without fought a number of very important bat- supporters and mentors who have objection, it is so ordered. tles in the Senate. helped me to arrive in the Senate and Mr. ABRAHAM. Mr. President, I sug- I thank my good friend Senator PETE in a lengthy political career in my gest the absence of a quorum. DOMENICI, who chairs the Budget Com- State of Michigan. There are many

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.027 pfrm02 PsN: S07PT1 S11732 CONGRESSIONAL RECORD — SENATE December 7, 2000 people who are part of that success. It In particular, I would note Greg An- Kathryn Packer, Director of External Af- would be impossible to name all of drews, Joe Cella, Larry Dickerson, fairs; Chris Pavelich, Regional Director; them. I want to single out, though, Sharon Eineman, Tom Frazier, Phil John Petz, Southeast Michigan Director. James L. Pitts, Chief of Staff; Conley four people who played particularly Hedges, Eunice Myles Jeffries, Stuart Poole, Staff Assistant; John Potbury, Re- important roles: Larkins, Renee Meyers, John Petz, gional Director; Tosha Pruden, Caseworker; Former Michigan Senator Bob Griffin Elroy Sailor, Lillian Simon, and Billie Laurine Bink Purpuro, Deputy Chief of Staff; whose campaigns and staffs I worked Wimmer. Lawrence J. Purpuro, Chief of Staff; Elroy on many years ago and a role model for And there are many others who have Sailor, Special Assistant; David Seitz, Mail me in that he was the last Republican served and whose names I ask unani- Room Manager; Dan Senor, Director of Com- Senator from my State and a man mous consent to have printed in the munications; Mary Shiner, Regional Direc- tor; Anthony Shumsky, Regional Director; whose integrity and leadership in the RECORD. Senate were well recognized. He served Alicia Sikkenga, Special Assistant; Lillian There being no objection, the mate- Simon, Staff Assistant; Lillian Smith, Direc- ultimately as whip on the Republican rial was ordered to be printed in the tor of Scheduling; Anthony Spearman-Leach, side. His guidance and friendship from RECORD, as follows: Regional Director; Robert Steiner, Mail the time I was in college has meant a STAFF OF SENATOR SPENCER ABRAHAM (R– Room Manager; Anne Stevens, Special As- great deal to my political success and MICHIGAN) sistant; Matthew Suhr, Special Assistant; Julie Teer, Press Secretary; Amanda Trivax, my personal success as well. Mohammed Abouharb, Staff Assistant; To our great Governor John Engler, Staff Assistant. Stuart Anderson, Director of Immigration Meagan Vargas, Special Assistant; Shawn who has been a political friend and col- Policy and Research; Gregory Andrews, Re- league in Michigan politics since 1971. Vasell, Staff Assistant; Olivia Joyce gional Director; Anthony Antone, Deputy Visperas, Staff Assistant; Sue Wadel, Legal Without his support and help, I would Chief of Staff; Sandra Baxter, Assistant to Advisor; Seth Waxman, Caseworker; Jennifer not have been successful in my cam- the State Chief of Staff; Beverly Betel, Staff Wells, Caseworker; La Tonya Wesley, Special paign for the Senate or other roles I Assistant; Rachel Bohlander, Legislative As- Assistant; Tyler White, Special Assistant; played in Michigan politics. sistant; David Borough, Computer Specialist; Patricia Wierzbicki, Regional Director; To former Congressman Guy Vander Michell Brown, Staff Assistant; Katja Bul- Gregg Willhauck, Legislative Counsel; and Jagt with whom I served as cochair- lock, Office Manager; Carrie Cabelka, Staff Billie Kops Wimmer, State Director. man of the National Republican Con- Assistant; Cheryl Campbell, Regional Direc- Mr. ABRAHAM. Mr. President, I also tor; Robert H. Carey, Legislative Director; gressional Committee in 1991 and 1992 David Carney, Mail Room Manager; Joseph acknowledge that in addition to this when I made my first appearance on Cella, Regional Director; Cesar V. Conda, Ad- great staff—and I do want to thank the legislative side of Washington ministrative Assistant/Legislative Director; them here on the floor publicly for working on Capitol Hill for the first Adam Condo, Systems Administrator; Jon their great performance on my behalf time. Cool, Staff Assistant; Ann H. Coulter, Judici- and the many achievements I am going And especially to a great friend, ary Counsel; Majida Dandy, Executive As- to talk about in a minute that we have former Vice President Dan Quayle on sistant. been able to accomplish—I also note whose staff I served as deputy chief of Anthony Daunt, Staff Assistant; Joe Davis, that none of us would have been able to staff in 1990 and 1991, my first assign- Director of Communications; Nina De get as much done as we did without the Lorenzo, Press Secretary; Larry D. ment in Washington in Government Dickerson, Chief of Staff/Michigan Oper- help of the tremendous staff that service at the Federal level. ations; Joanne Dickow, Legal Advisor; Hope serves us in the Senate as a Chamber: I thank all of those individuals, and Durant, Executive Assistant to the Chief of The people who work the floor, our the others I have not had a chance Staff; Sharon Eineman, Senior Caseworker; pages, the folks who work at the front today to name, for having helped me Paul Erhardt, Special Assistant; Tom here who handle the clerk roles, and get to this role and being effective in Frazier, Regional Director; Bruce Frohnen, the parliamentary roles, and so on. I it. Speech Writer; Renee Gauthier, Caseworker; thank them. There are today on the floor a great Jessica Gavora, Special Advisor; David I thank the people who serve on the number of people who have worked on Glancy, Staff Assistant; Thomas Glegola, leadership staffs of both parties who Special Assistant; Todd Gustafson, Regional my Senate staff. I am proud of them have been great friends and who have and proud to have them with me. They Director; Alex Hageli, Staff Assistant; Mary Harden, Staff Assistant; Phil Hendges, Re- helped us to chart the very com- only reflect a percentage of the many gional Director; Paul Henry, Staff Assistant; plicated parliamentary waters we have folks who served in the State of Michi- Joanna Herman, Special Assistant. to so often navigate, the folks who gan and their country in the context of Melissa Hess, Staff Assistant; Stephen work on the staffs of the committees working on my staff. There are so Hessler, Deputy Press Secretary; Kate Hin- on which I have served that have many. I am going to try to name the ton, Deputy Chief of Staff; David Hoard, Spe- helped us to pass legislation, and to the ones I have listed, but I will submit the cial Assistant; Kevin Holmes, Special Assist- other people who work in the Senate, names of everybody for the RECORD. ant; Kelly Hoskin, Caseworker; Michael J. from the Capitol Police, who help us in Hudome, Special Assistant; Randa Fahmy The people who served on my senior so many ways that go unnoted, to the staff: Tony Antone, Cesar Conda, Kate Hudome, Counselor; F. Chase Hutto, Judici- ary Counsel; Michael Ivahnenko, Staff As- folks in the libraries and the Congres- Hinton, Randa Fahmy Hudome, Joe sistant; Eunice Jeffries, Regional Director; sional Research Service, and in the McMonigle, Katie Packer, Jim Pitts, Kaveri Kalia, Press Assistant; Raymond M. Cloakrooms. Larry Purpuro, Laurie Bink Purpuro, Kethledge, Judiciary Counsel; Elizabeth To all of those people, and others I and Sue Wadel. Kessler, General Counsel; Kevin Kolevar, have probably forgotten, I say thank To those folks who served over the Senior Legislative Assistant; Jack Koller, you because it has really been a very years on my press and communications Systems Administrator; Peter Kulick, Case- enjoyable part of this job to work with staff: Joe Davis, Nina Delorenzo, Steve worker; Kristin La Mendola, Staff Assistant; such nice people, people who give 100 Hessler, Margaret Murphy, Julie Teer, Patricia LaBelle, Regional Director; Bran- percent to this Chamber and to Amer- don L. LaPerriere, Legislative Assistant. Jessica Morris, and Dan Senor. Stuart Larkins, Staff Assistant; Matthew ica, and often without any recognition To a terrific legislative staff, and Latimer, Special Assistant; Joseph P. at all. I hope that we will continue to people who have worked on my sub- McMonigle, Administrative Assistant/Gen- always be served in this body by people committees: Stuart Anderson, Rachel eral Counsel; Eileen McNulty, West Michi- of such great skill and talent. Bohlander, Bob Carey, Ann Coulter, gan Director; Meg Mehan, Special Assistant; Finally, I thank the people of Michi- Chase Hutto, Elizabeth Kessler, Ray Rene Myers, Regional Director; Jennifer gan. They gave me and my family the Kethledge, Kevin Kolevar, Brandi Millerwise, Staff Assistant; Denise Mills, chance to come to Washington to rep- Laperriere, Brian Reardon, Gregg Staff Assistant; Maureen Mitchell, Staff As- resent them in the Senate. Willhauck; and Tyler White. sistant; Sara Moleski, Regional Director; I thank you for what I consider to be To my administrative staff: Katja Jessica Morris, Deputy Press Secretary; the most tremendous honor that any Margaret Murphy, Press Secretary; Tom Bullock, Majida Dandy, Paul Erhardt, Nank, Southeast Michigan Assistant; James American can have bestowed upon Jim Neill, Matt Suhr, and Lillian Patrick Neill, Director of Scheduling; Shawn them by their friends and neighbors in Smith. Neville, Northern West Michigan Regional their State, and for their tremendous To the many people who have worked Director; Na-Rae Ohm, Special Assistant; support throughout my 6 years in the with us who are on our Michigan staff: Lee Liberman Otis, Chief Judiciary Counsel; Senate.

VerDate 06-DEC-2000 04:42 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.099 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11733 I am very proud of the accomplish- fenders. Had that bill not passed, the the Republican Party—in my judg- ments I have achieved. I have worked sentences would have been automati- ment, seemed to have lost its way on very hard—I hope in most cases in an cally reduced. immigration. It had strayed from the effective way—to help the people of Later, with my staff, we wrote the inclusive, proimmigration philosophy Michigan, to make sure my constitu- Prison Conditions Litigation Reform of President Ronald Reagan toward the ents have had their voices heard in the Act, which helped reduce prisoner law- more protectionist and nativist views Senate, and to make certain that the suits and return control of our prisons of a vocal minority within the Repub- Federal Government is responsive to from judges back to local authorities. lican ranks. their needs. And just a few months ago, the Presi- In 1997, I helped lead a bipartisan Speaking of accomplishments, al- dent signed into law the Samantha group of Senators—from PHIL GRAMM, though I spent only a relevantly brief Reid Date-Rape Drug Prohibition Act. MIKE DEWINE, and SAM BROWNBACK, to time here in the Senate, I am very Samantha Reid was a Rockwood, MI, RUSS FEINGOLD, JOE LIEBERMAN, PAUL proud of what my staff and I have been teenager who died after drinking a can WELLSTONE, and others—to defeat a able to accomplish for the people of of Mountain Dew she did not know had misguided effort to slash legal immi- Michigan and for the country. been laced with the deadly date rape gration to this country. In 1994, a group of freshmen were drug GHB. Our law amends the Con- I believe, with all of my heart, that elected here. Eleven of us came in to trolled Substances Act by adding GHB America should remain—as President basically create a new majority. In to the list of Schedule 1 controlled sub- Reagan said—the ‘‘Shining City on the 1995, I came to the Senate as part of a stances, which also includes heroin and Hill,’’ welcoming those who play by the historic class of Republican Senators cocaine. rules and who contribute to society. —the class that gave Republicans con- As a member of both the Judiciary I would say, despite the ugly cam- trol of Congress for the first time in and Commerce Committees, I focused paign that was run in my State against decades. I believe we were sent to on a wide range of high-technology me by some of these anti-immigrant Washington to accomplish a very clear issues that I believe are critical to the hate groups, I am absolutely confident agenda: to balance the Federal budget, continued growth and prosperity of that the bipartisan coalition for legal to reduce the tax burden, to reform the this country. immigration that was built in this welfare system, and to make Wash- My American Competitiveness and Chamber will remain strong long after ington more accountable. Workforce Improvement Act increased I have left the Senate. I am proud to say, as I look back on the number of skilled professional I am also proud of what I have been our 6 years, that I believe we have de- visas to help with critical labor short- able to deliver to the people of the livered on those promises. ages, especially in the entrepreneurial State of Michigan on issues important We balanced the budget in 1998—and high-tech sector. to our State. we have kept it balanced every year The law also funds 10,000 new college I am very proud of what I have been since. We have done it this past year scholarships annually for low-income able to do with respect to increasing without using one penny of the Social students for studies in math, engineer- transportation funding; stopping an ef- Security trust fund surplus to get the ing, and computer science, and job fort to move to Washington control of job done. training for unemployed Americans the Great Lakes, and increasing envi- We reformed the welfare system, re- through the Jobs Partnership Act. ronmental funding for the Great Lakes; ducing the welfare rolls by over a I was also the author of two new laws restoring Medicare reimbursements for third. dealing with electronic commerce: the Michigan hospitals; and protecting our We provided parents with a $500-per- Government Paperwork Elimination auto workers’ jobs with respect to child tax credit and investors a cut in Act and the Electronic Signatures and issues that threaten the auto industry. the capital gains tax. Global and National Commerce Act. I intend to continue to fight—per- And we made Congress more account- The first law set forth a timetable for haps not in the elective political arena able by requiring Members to live by Federal agencies to accept electroni- or in public life specifically, but in the same rules and regulations and cally signed and transmitted records whatever roles that I might be able to mandates we impose on the rest of the and forms from businesses and individ- play—for tax and regulatory policies country. uals. The second law ensured that con- that strengthen American competitive- I am proud of those achievements, tracts agreed to over the Internet ness and economic growth, to ensure which I think, of course, are achieve- using digital signatures would have the strong national security, tough laws ments of this body as a whole. same legal validity as contracts agreed against criminals, and to have immi- I am also proud of some of the things to in the paper world using pen and ink gration policy that respects America’s which I have been able to accomplish signatures. great traditions, having schools that during the last 6 years. I am very proud Both of these laws have laid the are second to none, training for 21st- of the fact that, including today, I have groundwork, I think, for continued century jobs, community renewal ef- never missed a single rollcall vote on growth and expansion of electronic forts to empower the poor, and a trans- the floor of the Senate. I have just commerce in the years to come. portation and infrastructure system cast, I think, my 2,002nd consecutive Other laws which I have been in- that makes us prepared to be competi- rollcall vote. volved with—I am especially proud of tive in the 21st century. In my view, voting in the Senate is the passage, this year, of the As I close, I have a few moments the single most important duty that Neotropical Migratory Bird Conserva- upon which I will reflect. When one we can, as Senators, perform on behalf tion Act and the College Scholarship comes to the end of a 6-year period of our constituents. It is what the peo- Fraud Prevention Act; and in the pre- here, there are a lot of memories. It is ple of our States elect us to do. I am vious year, the Child Passenger Protec- probably possible for one to speak long glad I have been here every single day tion Act. into the night about the various things for the people of Michigan to perform I am especially proud of having been one recalls. I do remember being sworn that responsibility. the Senate sponsor of legislation that in here that first day just a few steps in I am also proud of the fact that in a conferred the Congressional Gold front of me by Vice President GORE, fairly short period of time I have been Medal on one of my constituents, Mrs. holding our family Bible and very nerv- able to author 22 pieces of legislation Rosa Parks. ously taking the oath of office because that have been signed into law. I am One area that I spent a great deal of it was such an important moment in proud of that legislative record. time working on in this Chamber, as my life. As a member of the Judiciary Com- many know, is the area of immigra- I remember the first day I sat in the mittee, I took a special interest in drug tion. As a grandson of immigrants, I President’s chair presiding over the and crime issues. My first bill to be- am especially proud of the role that I Senate. I considered it to be quite an come law prevented the U.S. Sen- tried to play in changing the tone of important honor to be given that duty. tencing Commission from reducing the debate over immigration in this Then by the second and third day that prison sentences for crack-cocaine of- Chamber. In the mid-1990s, my party— I performed it, I realized exactly how

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.100 pfrm02 PsN: S07PT1 S11734 CONGRESSIONAL RECORD — SENATE December 7, 2000 that responsibility was viewed by the in the Senate. I can remember during Mr. HAGEL. Mr. President, I rise to other Members of this Chamber. This the last 6 years from the balanced respond very briefly on behalf of this week I asked once again to have the budget amendment debates, when I Senator, and I think I speak for the en- chance to preside because I wanted to first got here, to the debates over Bos- tire body when I say thank you to Sen- never forget just exactly how meaning- nia and other foreign affairs issues, to ator SPENCE ABRAHAM from Michigan ful it is to serve in this Chamber. the impeachment trial and so on, while for his contributions, his leadership, I remember passing our first bill with we in the Senate obviously have a rep- his effectiveness. regard to sentencing and seeing it utation for being a deliberative body, My grandfather Hagel used to occa- signed into law. I remember standing we also are a body in which the pas- sionally pay the highest compliment to at this desk and casting the very first sions of the country are best reflected an individual when he would say: He is vote on the impeachment trial that we in the debates we have. I hope that will a good man. had in January of 1999 with respect to always be the tradition as well. Well, SPENCE ABRAHAM is a good the impeachment of President Clinton, Indeed, I think the Senate really does man. He will go on to do other very sig- an unbelievably historic moment to reflect democracy at its finest. Over 150 nificant things with his life, with his have been a part. And of course I will years ago, De Tocqueville observed: talent, with his leadership. We will all never forget today, the chance to be I confess that in America I saw more than be well served. It will impact the fu- here with colleagues and staff and America; I saw the image of democracy ture of his children and our children, friends speaking one last time in the itself, with its inclinations, its character, its just as his service in the Senate has Senate. Indeed, it is these moments, prejudices, and its passions, in order to learn made this a better institution and a what we have to fear or hope from its the chance to stand up and to make progress. stronger Nation. one’s case for one’s State, for one’s be- I have been privileged to serve with Some say this America, this image of liefs, that will stay with me probably SPENCE ABRAHAM, be his seatmate here democracy, no longer exists. But I say more than any other. on the Senate floor, and become a good that it does exist, right here in this In closing, I will just make a few friend. Of that friendship and that serv- short observations. First, this institu- great Chamber. I will miss the Senate. I will miss the ice, I am proud. I thank Senator ABRA- tion has been served by great people. institution, and I will miss the people. HAM. All too often we tend to take for grant- Being a Senator has been my dream I yield the floor. ed the truly extraordinary political job. I hope that during my 6 years here Mr. ABRAHAM. Mr. President, I sug- leaders who work here every day. I per- I have contributed in some small way gest the absence of a quorum. sonally consider it a great honor and to the rich history of what has been The PRESIDING OFFICER. The privilege to serve with people who will and forever will be called ‘‘the world’s clerk will call the roll. long be recognized, probably for the en- greatest deliberative body in the The assistant legislative clerk pro- tire history of our country, as giants in world’s greatest democracy.’’ It is a ceeded to call the roll. this Chamber—leaders such as Senator long distance from being the grandson Mr. HAGEL. Mr. President, I ask Bob Dole, our President pro tempore of immigrants to this floor. unanimous consent that the order for STROM THURMOND, retiring Member I know when my grandparents came the quorum call be rescinded. DANIEL PATRICK MOYNIHAN, and of here, they never dreamt that their The PRESIDING OFFICER. Without course the great Senator from West grandson or anyone in the family objection, it is so ordered. Virginia ROBERT BYRD—two on each would end up as a Member of the U.S. f side of the aisle whose contributions to Senate, but they came to America be- MORNING BUSINESS their Nation and to this Chamber will cause they wanted to live in a place in never be forgotten, and two on each which something such as that could Mr. HAGEL. Mr. President, I ask side of the aisle whose leadership I happen. This is the one country where unanimous consent that the Senate hope all of us will be able to in some something such as that not only can now be in a period of morning business ways emulate in our careers. I know happen in the family of the Abrahams, with Senators speaking for up to 10 there will be others who are serving but in many other families happened minutes each. here and with whom I have served who all the time. It is the greatest thing The PRESIDING OFFICER. Without someday will be looked upon the same about America. I am proud and believe, objection, it is so ordered. way, as history records their accom- as I leave the Chamber, that I have f plishments. helped contribute in my own small way ANNIVERSARY OF PEARL HARBOR The second observation I have is for during these 6 years to making sure DAY those sitting in the gallery, watching that America always remains that and paying attention to the action of country. Mr. THURMOND. Mr. President, I the Senate. Sometimes the media and I thank everyone I have mentioned, rise today in remembrance of those others tend to focus too much on the but I especially thank my family, some who relinquished their lives at the Jap- areas in which we disagree in this of whom are here today, my wife Jane anese attack of Pearl Harbor. As Presi- Chamber. Indeed, we do have our dis- and my daughters Betsy and Julie, dent Franklin Delano Roosevelt said at agreements. That is why we have a without whom none of this would have the time, December 7, 1941, will remain democratic system that gives each side been possible for me. Their support in ‘‘a date which will live in infamy,’’ for an opportunity to fight for their every way and their love and affection it was on this date that the Japanese causes. have made the difference in my life. forces attacked our unsuspecting Na- But as the Presiding Officer knows, As I leave the Senate, I will only say tion. in the committees and usually on the that I hope all Americans will in their The first Japanese assault struck the floor of this Chamber, we work to- own way find a way to appreciate the United States naval base at Pearl Har- gether on a bipartisan basis to get greatness of this democracy. I hope all bor, Hawaii, on the island of Oahu, at things done for the American people. of my colleagues will continue to fight 7:55 a.m. The base was just awakening More often than not, things pass here to make sure that that tradition, that early Sunday morning when the sound unanimously. They do so quietly. They Nation which my grandparents and so of Japanese torpedo planes could be do so by the unanimous-consent agree- many others fought for, so many oth- heard. The American armed forces in ments that don’t get reported very ers strove to come to be part of, will al- the Pacific were caught completely off often. Indeed, much of America’s busi- ways be available to those who seek guard. When a war warning was issued ness is accomplished without rancor freedom and liberty and opportunity two weeks prior, Hawaii was not men- and strife, without divisive debates. At and that that dream will be forever tioned as a possible target. At the the same time, the Founding Fathers part of our great country. time, American authorities thought created the Senate as the saucer to I yield the floor. that the Philippines or Malaysia would cool the passions of the day. The PRESIDING OFFICER (Mr. be a possible area of attack, not the is- I have observed that passion for phi- SMITH of Oregon). The Senator from land of Hawaii. Therefore, Pearl Harbor losophy, at least for ideas, reigns here Nebraska. was not prepared for the onslaught of

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.103 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11735 terror that occurred that devastating are to be admired for your service to These constituent service staffers too morning. the community, the Nation, and for often work in the background. They The Japanese attack consisted of 363 being chosen Country Doctor of the don’t attend signing ceremonies. They planes that came in two waves with the Year. I join your family, friends, and don’t meet with celebrities or national second only 45 minutes after the first. colleagues in congratulating you on leaders. They don’t have bills and pho- The United States had concentrated al- this honor. tographs, plaques or certificates on most its entire fleet of 94 vessels, in- f their office walls. Joyce Newton was cluding 8 battleships, at Pearl Harbor, one of these devoted individuals on RETIREMENT OF JOYCE NEWTON and this proximity made an easy target Capitol Hill who labored quietly on be- for the Japanese. Additionally, to pre- Mr. HATCH. Mr. President, at the half of the citizens of America. And, vent against saboteurs, the Army’s end of December, one of my charter she got it done. planes at Oahu were alined wing tip to staff members will be retiring. Joyce There are thousands of citizens in my wing tip on airfields. Therefore, the Newton has been on my staff since I State—seniors, children, service men Japanese were able to easily diminish took office as the Senator from Utah in and women, families, students—who the threat of any American defense. January 1977. may not remember Joyce Newton’s Before noon, when the Japanese attack As a freshman Senator, I was the name. But, they will always remember concluded, 2,403 American servicemen beneficiary of Joyce’s decade of pre- what she did for them. and civilians were killed and an addi- vious experience as a caseworker for We are sorely going to miss Joyce tional 1,178 were wounded. former Representatives Frank Horton Newton on the Hatch staff. And, today December 7, 1941, is the day our land, and John Conlan and as a staffer at the I want to thank her publicly for all of our people, and our spirit were brutally Office of Management and Budget. her dedicated hard work over these last attacked. However, the Japanese forces But, during these last 24 years, Joyce many years and wish her all the best in failed to defeat the patriotism of the has helped countless Utahns with So- a much deserved, well-earned retire- American people and our undying be- cial Security snafus, international ment. lief in our Nation. We were able to adoptions, military transfers, and a f rally around one another with the whole host of other special needs and knowledge and the confidence that problems. Joyce has always been there BOB LOCKWOOD America would prevail, and the great to offer a sympathetic ear or to jump Mr. HATCH. Mr. President, I pay losses we suffered at Pearl Harbor start a slow or reluctant bureaucracy. public tribute to Bob Lockwood, who is would not be in vain. As a veteran of Joyce has been known to come to the finally retiring. I say ‘‘finally’’ because World War II, and a proud American, I office in the wee hours of the morning he has tried to leave at least twice pre- would like to recognize the patriotism, in order to telephone an embassy half- viously, and I successfully prevailed on the bravery, and the extreme sacrifices way around the globe. him to stay. But, this time, it looks as of those who were at Pearl Harbor on She has been known to telephone the if he is really going to do it. December 7, 1941, including our own same Federal caseworker three times Bob came to my staff after a long and Senator DAN INOUYE. These fine men in one day just to make sure a con- distinguished career in the Army, serv- and women are true American heroes, stituent’s application was not buried ing in many capacities, including in and our country forever owes them a under another pile of work resulting in Vietnam and on the Secretary of De- great debt of gratitude. a needless delay or missed deadline. fense staff. Bob has many credentials f She has been known to go to bat for making him unique among military of- constituents even when the grounds for ficers. He is a lawyer, an engineer, and COUNTRY DOCTOR OF THE YEAR their congressional appeals were an economist. He found an organiza- Mr. LOTT. Mr. President, today, I shaky. tion—the U.S. Army—where he could rise to pay tribute to the Country Doc- And, Joyce has been tenacious. She put all of these qualifications to work. tor of the Year, Dr. Howard Clark of has pursued cases as far as she could. If So, when he wanted to establish a sec- Morton, MS. Clark was selected for we were unsuccessful in resolving a ond career in public policy, I benefited this award out of 501 doctors from 41 constituent problem, it was never for from a man who could wear many hats. States by a national physicians asso- lack of trying—it was only for lack of It will probably take three people to ciation. At the young age of 73, Dr. more avenues. replace him. Clark sees an average of 60 patients a I remember the ‘‘Books for Bulgaria’’ Bob had the complex portfolios of de- day, cares for about 20 who are hos- project. How could we get literally fense and trade as well as business liai- pitalized and 110 who reside in the local hundreds of pounds of books to Bul- son. The amazing thing is that he is ex- nursing home. He is a graduate of Mis- garia at little or no cost to be used by pert in all these areas as well as tena- sissippi State University and attended a nonprofit organization for edu- cious and unwilling to let any issue medical school at both the University cational outreach in that distressed slide. There may be a few people at the of Mississippi and Tulane University. country? This was not an easy problem. Pentagon and at USTR who will cheer Clark was among the first doctors Joyce somehow managed to solve it. his retirement if only because Bob will hired when the University of Mis- I remember the young woman from not be around to bug them. On the sissippi Medical Center opened its England who needed specialized sur- other hand, I know firsthand that Bob doors in 1955. He has been in practice in gery to cure a rare condition that pre- is universally respected for his knowl- Morton since 1956. I want to commend vented her from walking. Doctors at edge, his integrity, and his profes- Dr. Clark not only for his service to the University of Utah had pioneered a sionalism. He has big shoes that will be the people of Morton and the sur- new technique not available anywhere hard to fill. rounding areas but also for the service else, but various INS rules needed to be Over the years, he has helped me to he gave this great Nation. When How- sorted out in order for her to come and foster business development in Utah, to ard Clark joined the Armed Forces fol- remain in our country long enough for prepare for the landmark debates we lowing graduation from high school, he recovery and rehabilitation. There is a have had on trade, and to protect our was stationed in the South Pacific. At woman able to walk today because great Hill Air Force Base and other the time, there was a dire need for Joyce got it done. military facilities from ill-advised and medics and he volunteered. This altru- I have always had complete con- politically motivated cuts and clo- istic act sparked the start of a career fidence in Joyce. When she phoned an sures. I will always be grateful for his that has made life better for those agency, she was phoning for me. No yeoman effort on these projects. Utah around him. Dr. Clark’s selflessness Senator or Representative can possibly is better off today for his dedication to spills over into his personal life as well. do this work by himself or herself. It these major issues. He is an active member of the Morton takes dedicated, caring, and competent Bob has also turned into a real community, serving as the local school people to work through the various Utahan during the years he has worked doctor at sporting events, missing only redtape entanglements that often en- for me. Traveling to our State often one game in 43 years. Dr. Clark, you snare our citizens. during the year, he fell in love with

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.061 pfrm02 PsN: S07PT1 S11736 CONGRESSIONAL RECORD — SENATE December 7, 2000 Utah and the possibilities that abound that these three wonderful people have Law.’’ In a Nation that prides itself in there. At the end of the month, Bob done. I pay personal tribute to them. that equal justice, how can we abide a will go from being my employee to f system where nearly half of the execu- being my constituent. tions are carried out in just one state? I wish him well as he is taking on the VICTIMS OF GUN VIOLENCE Finally, I rise to mark another mile- new challenge of retirement, one for Mr. AKAKA. Mr. President, it has stone. On Tuesday of next week, the which his wife may not be fully pre- been more than a year since the Col- Federal Government is scheduled to re- pared. I know Bob to be successful at umbine tragedy, but still this Repub- enter the grim business of execution. any project he takes on. I know he will lican Congress refuses to act on sen- For nearly 40 years, no one has been drive his wife nuts if he stays home sible gun legislation. executed in the name of the people of very much. But he won’t. He is one of Since Columbine, thousands of Amer- the United States. That is set to these guys who really works hard and icans have been killed by gunfire. Until change next Tuesday. makes every second of his life count. we act, Democrats in the Senate will In light of the demonstrated evidence He is one of my dearest friends, and I read the names of some of those who of regional and racial disparity in the love him. have lost their lives to gun violence in application of this most final punish- f the past year, and we will continue to ment, I call on the President to stay do so every day that the Senate is in that execution. I call on the President DONNA DAY session. to impose a moratorium on Federal Mr. HATCH. I also want to say a In the name of those who died, we executions and establish a blue ribbon word about Donna Day. will continue this fight. Following are commission to examine the fairness of Donna has been on my staff for 15 the names of some of the people who the system of capital punishment in years. She has been a loyal and effi- were killed by gunfire one year ago America. cient staffer, working diligently on today. In September, the Department of data entry. I don’t quite know how we December 7, 1999: Jose Corral, 72, Justice released a report on the federal will fill the hole left in our correspond- Miami-Dade County, FL; George Dean, death penalty system. That report ence management unit when she re- 17, Philadelphia, PA; Kowandius found that whether the federal system tires at the end of the month. Hammett, 22, Miami-Dade County, FL; sends people to death row appears to be If the personnel office at any organi- John Jeter, 24, Philadelphia, PA; Andre related to the federal district in which zation were to write down the at- Derrell Jones, 23, Baltimore, MD; they are prosecuted or the color of tributes of the perfect employee, the Tommy Martin, 38, Oakland, CA; Casey their skin. list would describe Donna Day. She has B. Morgan, 42, Seattle, WA; Karen K. After the Justice Department re- worked tirelessly over these 15 years Morgan, 43, Seattle, WA; Thomas B. leased the report, White House spokes- on my behalf. She is never late, rarely Morgan, 45, Seattle, WA; Adon L. Shel- man Jake Siewert confirmed the Presi- absent, and always pleasant. It seems by, 32, Chicago, IL; Emeric Tahane, 22, dent’s view that ‘‘these numbers are that Donna never has a bad day. We Washington, DC; Heiu Minh Trihn, 22, troubling’’ and that more information have always been able to count on her New Orleans, LA; and Unidentified must be gathered to determine ‘‘more day after day, year after year, to do an Male, 23, Nashville, TN. about how the system works and important job consistently well. And, I We cannot sit back and allow such what’s behind those numbers,’’ includ- don’t believe I have ever heard her senseless gun violence to continue. The ing ‘‘why minorities in some geo- complain about anything—not even the deaths of these people are a reminder graphic districts are disproportionately deluge of letters, cards, faxes, and e- to all of us that we need to enact sen- represented.’’ mails we received during some very sible gun legislation now. We do not yet know why our federal high profile debates. f system produces racially and geo- Frankly, it is hard to imagine walk- graphically lopsided results. We need a ing into our mailroom in January and THE RECORD ON EXECUTIONS systematic review. not seeing her there sorting mail or Mr. FEINGOLD. Mr. President, I rise Many are joining in asking the Presi- working at the computer. with regret to mark another milestone dent for a moratorium on executions. I have been blessed during my Senate in the history of our system of justice. Their ranks include, among so many tenure to have had excellent staff, not This morning’s papers report that yes- others, Lloyd Cutler, the esteemed just in my policy and senior staff posi- terday the state of Texas carried out former adviser to Presidents Carter tions, but in the support roles as well. its 39th execution, the most of any and Clinton; Julian Bond, Chairman of Donna has been such a staffer, and I state since 1862, when the military the NAACP; and the Reverend Joseph will miss her. hanged 39 Native Americans in one day Lowrey, chair of the Black Leadership I want to thank her for her many in Minnesota. This evening, Texas is Forum and President emeritus of the contributions to my office, congratu- scheduled to surpass that record with Southern Christian Leadership Con- late her on a well-deserved retirement, its 40th execution. This is a regrettable ference. and wish her all the best as she moves record. Yes, justice demands that crimes be on to the next chapter in her life. This year, as of yesterday, states in punished. But if we demand justice, we I want her to know how much I ap- America have executed 82 people. We must administer justice fairly. preciate her and her colleague Joyce have reached a sad state of affairs Before we reach the milestone of re- and how much I love and appreciate when this Country executes nearly 100 instituting Federal executions, let us Bob Lockwood. These people have prov- people every year. In 1998, only China pause to evaluate the fairness of our en that government workers work and the Congo executed more people a Nation’s machinery of death. Mr. President, let this be a milestone above and beyond, that they really year than did the United States. that we choose not to reach, next make a difference in all of our lives, And we have reached an inequitable week. God willing, let this be a mile- and that they are part of the reason state of affairs when nearly half of the stone that we choose not to reach, if why many in this country have a qual- executions this year—39 out of the 82 to ever, for some time to come. ity of life they would not otherwise date—were carried out in just one have. state. The state with the next most f I am so grateful to these three people executions this year, Oklahoma, has ADDITIONAL STATEMENTS and for the service they have given to had 11 executions. Southern states our country, to the Senate, to my con- have carried out nearly 9 out of 10 exe- stituents. It has been such a privilege cutions that have taken place this AMBASSADOR DAVID HERMELIN to work with them. I say ‘‘with them.’’ year. ∑ Mr. BIDEN. Mr. President, I rise They never worked for me. They Across the street, the building that today to pay tribute to David B. worked for all of us. They worked with holds the Supreme Court of the United Hermelin, former U.S. Ambassador to me. I don’t think I would be nearly as States has emblazoned across its pedi- Norway, who passed away on November effective had it not been for the work ment the words ‘‘Equal Justice Under 22.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.099 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11737 After a distinguished business and RECOGNITION OF DR. DWIGHT sity in Aberdeen and Cindy is the prin- philanthropic career in his native CRIST NORTHINGTON cipal at Aberdeen Central High School. Michigan, Mr. Hermelin was nominated ∑ Mr. TORRICELLI. Mr. President, I Again, my congratulations to Josh as envoy to Norway by President Clin- rise today to recognize Dr. Dwight Heupel and his family on behalf of the ton in 1997 and confirmed by the Sen- Crist Northington on the occasion of entire state of South Dakota.∑ ate that same year. his 9th Pastoral Anniversary at Cal- Members of this Chamber know that, vary Baptist Church in Red Bank, New f as might be expected with any large Jersey. Dr. Northington is an ex- group, over the years the performance tremely gifted individual, and it is an of our ambassadors, both career dip- TRIBUTE TO VINCENT CANBY honor to recognize this special moment lomats and political appointees, have ∑ Mr. MOYNIHAN. Mr. President, in in his life. varied widely. By any standard, David late October, as many Senators will Dr. Northington has served the citi- Hermelin’s tenure was spectacularly know, Vincent Canby, ‘‘whose lively successful. zens of New Jersey since 1986, when he wit and sophisticated tastes illumi- In the short space of two years, Am- was named Pastor of First Baptist nated film and theater reviews in the bassador Hermelin managed a remark- Church of South Orange. Since that New York Times for more than 35 able feat: strengthening the already time, he has also served as president of years’’ died at age 76. Thinking of an close ties between our ally Norway and Westside Ministerial Alliance and cur- appropriate manner in which the the United States. His diplomatic and rently serves as the Moderator of the United States Congress might honor personal charm led to unprecedented Seacoast Missionary Baptist Associa- his most honored memory, there came reciprocal visits within three weeks of tion. While having done a great deal for to mind an observation he made in a each other last year—the Norwegian the community of Red Bank, Dr. review of a film based on E.M. Foster’s Prime Minister’s to Washington, and Northington has also served as an in- novel ‘‘Howard’s End.’’ President Clinton’s to Oslo, the first structor at Brookdale Community Col- lege and as a member of the Borough of It’s time for legislation decreeing that no ever visit of an incumbent President to one be allowed to make a screen adaptation Norway, in this case in pursuit of a Red Bank Board of Education. of any quality whatsoever if Ismail Mer- Middle Eastern peace settlement. The needs of our Nation can only be chant, James Ivory and Ruth Prawer But Ambassador Hermelin’s accom- met through the industrious efforts of Jhabvala are available, and if they elect to plishments were not limited to such each individual. The work of Dr. do the job. Trespassers should be prosecuted, highly publicized events. Through be- Northington and others like him is possibly condemned, sentenced to watch hind-the-scenes daily efforts, he was di- vital to the continued prosperity of our ‘‘Adam Bede’’ on ‘‘Masterpiece Theatrer’’ for rectly instrumental in the success of communities and meeting the needs of five to seven years. Lockheed Martin’s bid, as part of a people who live within them. The legislative drafting service had consortium, to sell the Norwegian The citizens of Red Bank are fortu- no difficulty producing legislative lan- Navy five new frigates equipped with nate to have a talented and dedicated guage. I had in mind a joint resolution, the Aegis missile system, a sale worth individual such as Dr. Northington in which is, of course, a statute. However, more than one billion dollars. their community.∑ in view of our oath ‘‘to uphold and de- Ambassador Hermelin was recognized f fend the Constitution of the United for his many contributions by being States,’’ I felt in need of a legal opinion awarded the Royal Norwegian Order of TRIBUTE TO JOSH HEUPEL as to whether there might be constitu- Merit, the highest honor the country ∑ Mr. JOHNSON. Mr. President, I rise tional impediments to such a measure. bestows upon non-Norwegians. today to congratulate Josh Heupel, a I think for example of the ‘‘taking Even after Ambassador Hermelin was native of Aberdeen, South Dakota. All clause’’ of the fourth amendment re- diagnosed with a terminal illness, he of South Dakota, and especially Aber- cently much discussed in learned pa- vigorously played a major role to help deen, is extremely proud of Josh, one of pers associated with the University of others through an international initia- four finalists for the Heisman Trophy. Chicago School of Law. And so I set tive to provide prostheses to victims of The Heisman Trophy is presented an- out to obtain advisory opinions. Alas, I civil conflict, such as in Sierra Leone. had tarried too long. November 7 had On his visit to Oslo in November 1999, nually to the nation’s top collegiate football player. passed. The Presidential election was President Clinton, in speaking of Am- in dispute. All of the constitutional bassador Hermelin, reflected on this Josh is the starting quarterback of the number one ranked and undefeated lawyers in Washington had decamped kind of behavior: ‘‘I don’t know anyone for Florida. who has such a remarkable combina- Oklahoma Sooners, 12–0. Josh has And now, in the closing hours of the tion of energy and commitment to the passed for 3,392 yards and 20 touch- 106th Congress, they are still there. common good.’’ downs this year which makes him one After diagnosis of his terminal ill- of the Heisman favorites. Josh has led This leaves me with no choice but to ness, he and a group of friends donated the Oklahoma Sooners through a very withhold the measure for now. Happily ten million dollars to establish a brain difficult schedule, which included two I am informed that next April we will tumor center at Henry Ford Hospital wins against top ten ranked Kansas witness the premier of The Wandering in Michigan. State and overcame an early 14 point Company’s adaptation of Henry James’ Ambassador Hermelin felt deeply deficit against the then number one ‘‘The Golden Bowl.’’ What a splendid connected to Israel and to Jewish ranked Nebraska Cornhuskers. Josh is way to begin the new millennium. (For causes, raising millions of dollars for preparing for the National Champion- that is what the year 2001 will be, and local Detroit and overseas needs. ship game on January 3, 2001 against our trio are naught if not scrupulous as After the Ambassador’s death, the the Florida State Seminoles. No mat- to details.) Surely a Senator in the U.S. State Department’s Norway desk ter what the outcome is, I know the en- 107th Congress will wish to pursue this officer offered this heartfelt testimony: tire state is very proud of Josh and matter. The glory of three continents ‘‘David Hermelin was the kind of man grateful he has conducted himself in a is yet to be proclaimed in law. who made a friend out of everybody he way that shines greatly on South Da- I regret the inconvenience this may met, and the people who worked for kota. cause viewers of ‘‘Adam Bede,’’ and I him at the embassy regarded him with I would also like to take this oppor- surely would not wish to denigrate an affection that is unmatched by the tunity to congratulate Ken and Cindy ‘‘Masterpiece Theatre,’’ but Vincent feelings I’ve seen for any other ambas- Heupel, Josh’s parents, on Josh’s suc- Canvy was a just and moderate man. sador at any time to any country.’’ cess. As the father of three children And, as is proclaimed on the wall above Ambassador Hermelin is survived by who have participated in extra- the bench of the Chenango County his wife, five children, and eight grand- curricular activities, I can imagine Courthouse in James Ivory’s ancestral children. He will be sorely missed by how proud Ken and Cindy must feel home of Norwich, New York ‘‘Fiat all who knew him, particularly by his today. Ken is currently the Head Foot- Justica Ruat Coelum’’.—Let justice be colleagues in the U.S. Government.∑ ball Coach at Northern State Univer- done though the heavens fall.∑

VerDate 06-DEC-2000 04:28 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.048 pfrm02 PsN: S07PT1 S11738 CONGRESSIONAL RECORD — SENATE December 7, 2000 IN RECOGNITION OF DR. CHARLES The enrolled resolution was signed Act, Rules and Regulations under the Wool G. ADAMS, HEASTER WHEELER subsequently by the President pro tem- Products Labeling Act’’ (RIN3084–0101, 3084– AND WENDY WAGENHEIM pore (Mr. THURMOND). 0100) received on November 29, 2000; to the Committee on Commerce, Science, and ∑ Mr. LEVIN. Mr. President, I rise f Transportation. today to pay tribute to three out- EXECUTIVE AND OTHER EC–11766. A communication from the Act- standing people from my home state of COMMUNICATIONS ing Director of the Office of Sustainable Michigan. On December 10, 2000, Dr. Fisheries, National Marine Fisheries Serv- Charles G. Adams, Heaster Wheeler and The following communications were ice, Department of Commerce, transmitting, laid before the Senate, together with pursuant to law, the report of a rule entitled Wendy Wagenheim are being recog- ‘‘Closure of the Commercial Fishery for Gulf nized for their outstanding leadership accompanying papers, reports, and doc- uments, which were referred as indi- Group King Mackerel in the Northern Flor- in this year’s ‘‘All Kids First’’ cam- ida West Coast Subzone’’ received on Decem- cated: paign initiative. ber 5, 2000; to the Committee on Commerce, Dr. Charles G. Adams has served as EC–11757. A communication from the Office Science, and Transportation. Pastor of Hartford Memorial Baptist of the Assistant Secretary, Civil Works, De- EC–11767. A communication from the Act- partment of the Army, transmitting, pursu- Church in Detroit, Michigan, since ing Director of the Office of Sustainable ant to law, a report relative to Johnson Fisheries, National Marine Fisheries Serv- 1969, and is one of Detroit’s pre-emi- Creek in the City of Arlington, Texas; to the ice, Department of Commerce, transmitting, nent religious and civil rights leaders. Committee on Environment and Public pursuant to law, the report of a rule entitled Because of his eloquence and command Works. ‘‘Fisheries Off West Coast States and in the of the issues, he is highly sought after EC–11758. A communication from the Dep- Western Pacific; West Coast Salmon Fish- as a speaker on issues of faith and so- uty Associate Administrator, Environmental eries; Inseason Adjustments from the U.S.- cial justice. He served as Co-Chair of Protection Agency, transmitting, pursuant Canada Border to the Oregon-California Bor- the All Kids First initiative, partici- to law, the report of a rule entitled ‘‘Revi- der’’ received on December 5, 2000; to the sions to the California State Implementation Committee on Commerce, Science, and pating in televised debates and helped Plan, Ventura County Air Pollution Control Transportation. to lead the effort among his colleagues District’’ (FRL #6908–1) received on Decem- EC–11768. A communication from the Act- in the religious community and the ber 5, 2000; to the Committee on Environ- ing Director of the Office of Sustainable community at large. Finally, I would ment and Public Works. Fisheries, National Marine Fisheries Serv- like to add a heartfelt ‘‘Happy Birth- EC–11759. A communication from the Dep- ice, Department of Commerce, transmitting, day’’ to Dr. Adams, who will be cele- uty Associate Administrator, Environmental pursuant to law, the report of a rule entitled brating his 64th birthday on December Protection Agency, transmitting, pursuant ‘‘Fisheries Off West Coast States and in the to law, the report of a rule entitled ‘‘Na- Western Pacific; West Coast Salmon Fish- 13, 2000. eries; Inseason Adjustments From House Heaster Wheeler is the Executive Di- tional Emission Standards for Aerospace Manufacturing and Rework Facilities’’ (FRL Rock, OR to Humboldt South Jetty, CA’’ re- rector of the Detroit Branch NAACP, #6913–9) received on December 5, 2000; to the ceived on December 5, 2000; to the Committee the largest NAACP chapter in the Committee on Environment and Public on Commerce, Science, and Transportation. United States. Wendy Wagenheim Works. EC–11769. A communication from the Act- serves as Legislative Director for the EC–11760. A communication from the Dep- ing Assistant Secretary, Pension and Welfare American Civil Liberties Union of uty Associate Administrator, Environmental Benefits Administration, Department of Protection Agency, transmitting, pursuant Labor, transmitting, pursuant to law, the re- Michigan. Their combined experience port of a rule entitled ‘‘Amendments to Sum- in government, community service and to law, the report of a rule entitled ‘‘Ap- proval and Promulgation of Implementation mary Plan Description Regulations’’ public relations was invaluable in the Plans and Designation of Areas for Air Qual- (RIN1210–AA69 and 1210–AA–55) received on All Kids First initiative. Together, Mr. ity Planning Purposes; Ohio’’ (FRL #694–71) November 27, 2000; to the Committee on Wheeler and Ms. Wagenheim partici- received on December 5, 2000; to the Com- Health, Education, Labor, and Pensions. pated in more than 45 debates about mittee on Environment and Public Works. EC–11770. A communication from the Act- Proposal 1 throughout the state of EC–11761. A communication from the Sec- ing Assistant Secretary, Pension and Welfare Benefits Administration, Department of Michigan. Their efforts were instru- retary of the Department of Agriculture, transmitting, pursuant to law, the report of Labor, transmitting, pursuant to law, the re- mental in defeating the proposal and in port of a rule entitled ‘‘Employee Retire- the rule entitled ‘‘National Forest System ensuring that all of Michigan’s public ment Income Security Act of 1974; Rules and Land and Resource Management Planning’’ Regulations for Administration and Enforce- schools will have adequate resources to (RIN0596–AB20) received on November 9, 2000; ment; Claims Procedure’’ (RIN1210–AA61) re- educate our children. to the Committee on Agriculture, Nutrition, ceived on November 27, 2000; to the Com- Mr. President, I hope my colleagues and Forestry. mittee on Health, Education, Labor, and will join me in congratulating Dr. EC–11762. A communication from the Sec- Pensions. Charles Adams, Heaster Wheeler and retary of the Department of Agriculture, EC–11771. A communication from the Di- Wendy Wagenheim as they are honored transmitting, pursuant to law, the corrected rector of the Corporate Policy and Research for their leadership of Michigan’s All report (reference to ec11596) of the rule enti- Department, Pension Benefit Guaranty Cor- Kids First initiative, and in encour- tled ‘‘Non-citizen Eligibility and Certifi- poration, transmitting, pursuant to law, the cation Provisions of the Personal Responsi- aging them to keep fighting on behalf report of a rule entitled ‘‘Benefits Payable in bility and Work Opportunity Reconciliation Terminated Single-Employer Plans; Alloca- of Michigan’s children and to improve Act (PRWORA) of 1996’’ (RIN0584–AC40) re- Michigan’s public schools.∑ tion of Assets in Single-Employer Plans; In- ceived on November 27, 2000; to the Com- terest Assumptions for Valuing and Paying f mittee on Agriculture, Nutrition, and For- Benefits’’ received on November 27, 2000; to estry. MESSAGES FROM THE HOUSE the Committee on Health, Education, Labor, EC–11763. A communication from the Dep- and Pensions. At 3:55 p.m., a message from the uty Associate Administrator, Environmental EC–11772. A communication from the Act- House of Representatives, delivered by Protection Agency, transmitting, pursuant ing Assistant General Counsel for Regula- one of its clerks, announced that the to law, the report of a rule entitled tions, Office of Special Education and Reha- House has passed the following joint ‘‘Fludioxonil; Extension of Tolerance for bilitative Services, Department of Edu- Emergency Exemptions’’ (FRL #6756–6) re- resolution, in which it requests the cation, transmitting, pursuant to law, the ceived on December 5, 2000; to the Committee report of a rule entitled ‘‘Special Demonstra- concurrence of the Senate: on Agriculture, Nutrition, and Forestry. tion Programs’’ (34 CFR Part 373) received on H.J. Res. 127. Joint Resolution making fur- EC–11764. A communication from the Dep- December 5, 2000; to the Committee on ther continuing appropriations for the fiscal uty Associate Administrator, Environmental Health, Education, Labor, and Pensions. year 2001, and for other purposes. Protection Agency, transmitting, pursuant EC–11773. A communication from the Di- ENROLLED BILL SIGNED to law, the report of a rule entitled rector of the Regulations Policy and Man- At 4:39 p.m., a message from the ‘‘Avermectin; Extension of Tolerance for agement Staff, Food and Drug Administra- House of Representatives, delivered by Emergency Exemptions’’ (FRL #6754–5) re- tion, Department of Health and Human Serv- ceived on December 5, 2000; to the Committee ices, transmitting, pursuant to law, the re- one of its clerks, announced that the on Agriculture, Nutrition, and Forestry. port of a rule entitled ‘‘Listing of Color Ad- Speaker has signed the following en- EC–11765. A communication from the Sec- ditives Exempt From Certification; Lumi- rolled joint resolution: retary of the Federal Trade Commission, nescent Zinc Sulfide; Correction’’ (Docket H.J. Res. 127. Joint Resolution making fur- transmitting, pursuant to law, the report of No. 97C–0415) received on December 5, 2000; to ther continuing appropriations for the fiscal a rule entitled ‘‘Rules and Regulations under the Committee on Health, Education, Labor, year 2001, and for other purposes. the Textile Fiber Products Identification and Pensions.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.109 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11739 EC–11774. A communication from the Di- tional Labor Relations Board, transmitting, and second times by unanimous con- rector of the Regulations Policy and Man- pursuant to the Inspector General Act, the sent, and referred as indicated: agement Staff, Food and Drug Administra- semiannual report for the period April 1, 2000 By Mr. DOMENICI (for himself and Mr. tion, Department of Health and Human Serv- through September 30, 2000; to the Com- LUGAR): ices, transmitting, pursuant to law, the re- mittee on Governmental Affairs. S. 3275. A bill to authorize the Secretary of port of a rule entitled ‘‘Indirect Food Addi- EC–11786. A communication from the Chair Energy to guarantee loans to facilitate nu- tives: Paper and Paperboard Component’’ of the Railroad Retirement Board, transmit- clear nonproliferation programs and activi- (Docket No. 99F–1719) received on December ting, pursuant to the Inspector General Act, ties of the Government of the Russian Fed- 5, 2000; to the Committee on Health, Edu- the semiannual report for the period April 1, eration, and for other purposes; to the Com- cation, Labor, and Pensions. 2000 through September 30, 2000; to the Com- mittee on Foreign Relations. EC–11775. A communication from the Di- mittee on Governmental Affairs. rector of the Regulations Policy and Man- EC–11787. A communication from the Cor- f agement Staff, Food and Drug Administra- poration for National Service, transmitting, tion, Department of Health and Human Serv- pursuant to the Inspector General Act, the SUBMISSION OF CONCURRENT AND ices, transmitting, pursuant to law, the re- semiannual report for the period April 1, 2000 SENATE RESOLUTIONS port of a rule entitled ‘‘Secondary Direct through September 30, 2000 as well as a re- The following concurrent resolutions Food Additives Permitted in Food for port on final action; to the Committee on Human Consumption’’ (Docket No. 00F–1332) and Senate resolutions were read, and Governmental Affairs. referred (or acted upon), as indicated: received on December 5, 2000; to the Com- EC–11788. A communication from the Ad- mittee on Health, Education, Labor, and ministrator, General Services Administra- By Mr. DURBIN (for himself and Mr. Pensions. tion, transmitting, pursuant to the Inspector FITZGERALD): EC–11776. A communication from the Di- General Act, the semiannual report; to the S. Res. 385. A resolution congratulating the rector of the Regulations Policy and Man- Committee on Governmental Affairs. Reverend Clay Evans of Chicago, Illinois, on agement Staff, Food and Drug Administra- EC–11789. A communication from the Sec- the occasion of his retirement; considered tion, Department of Health and Human Serv- retary of the Interior, transmitting, pursu- and agreed to. ices, transmitting, pursuant to law, the re- ant to the Inspector General Act, the semi- By Mr. SMITH of New Hampshire (for port of a rule entitled ‘‘Irradiation in the annual report for the period April 1, 2000 himself, Mr. INOUYE, Mr. HELMS, and Production, Processing, and Handling of through September 30, 2000; to the Com- Mr. INHOFE): Food’’ (Docket No. 99F–1912) received on De- mittee on Governmental Affairs. S. Res. 386. A resolution expressing the cember 5, 2000; to the Committee on Health, EC–11790. A communication from the sense of the Senate regarding National Pearl Education, Labor, and Pensions. Chairman of the National Science Board, Harbor Remembrance Day; considered and EC–11777. A communication from the Sec- agreed to. retary of Education, transmitting, pursuant transmitting, pursuant to the Inspector Gen- to law, a report relative to the national advi- eral Act, the semiannual report for the pe- f sory committee on institutional quality and riod April 1, 2000 through September 30, 2000; integrity for fiscal year 2000; to the Com- to the Committee on Governmental Affairs. STATEMENTS ON INTRODUCED mittee on Health, Education, Labor, and EC–11791. A communication from the Di- BILLS AND JOINT RESOLUTIONS Pensions. rector of the Peace Corps, transmitting, pur- Mr. DOMENICI (for himself and EC–11778. A communication from the Sec- suant to the Inspector General Act, the Mr. LUGAR): retary of Education, transmitting, pursuant semiannual report for the period April 1, 2000 to the Inspector General Act, the semiannual through September 30, 2000; to the Com- S. 3275. A bill to authorize the Sec- report; to the Committee on Health, Edu- mittee on Governmental Affairs. retary of Energy to guarantee loans to cation, Labor, and Pensions. EC–11792. A communication from the Act- facilitate nuclear nonproliferation pro- EC–11779. A communication from the As- ing Secretary of Veterans Affairs, transmit- grams and activities of the Govern- sistant Legal Adviser for Treaty Affairs, De- ting, pursuant to the Inspector General Act, ment of the Russian Federation, and partment of State, transmitting, pursuant to the semiannual report for the period April 1, for other purposes; to the Committee law, the report of the texts of international 2000 through September 30, 2000; to the Com- on Foreign Relations. agreements, other than treaties, and back- mittee on Governmental Affairs. ground statements; to the Committee on EC–11793. A communication from the Di- FISSILE MATERIAL LOAN GUARANTEE ACT Foreign Relations. rector of the Workforce Compensation and Mr. DOMENICI. Mr. President, I rise EC–11780. A communication from the As- Performance Service, Office of Personnel to introduce the Fissile Material Loan sistant Secretary (Legal Affairs), Depart- Management, transmitting, pursuant to law, Guarantee Act. This Act is intended to ment of State, transmitting, pursuant to the report of a rule entitled ‘‘Pay Under the law, the report of a rule entitled ‘‘Visas: Im- increase the arsenal of programs that General Schedule; Locality-Based Com- reduce proliferation threats from the migrant Religious Workers’’ (RIN4710–06) re- parability Payments’’ (RIN3206–AJ07) re- ceived on December 7, 2000; to the Committee ceived on December 5, 2000; to the Committee Russian nuclear weapons complex. on Foreign Relations. on Governmental Affairs. This Act presents an unusual option, EC–11781. A communication from the Dep- EC–11794. A communication from the At- which I’ve been discussing with the uty General Counsel, Office of Size Stand- torney-Advisor Federal Register Certifying leadership of some of the world’s larg- ards, Small Business Administration, trans- Officer, Financial Management Service, De- est private banks and lending institu- mitting, pursuant to law, the report of a rule partment of the Treasury, transmitting, pur- tions and with senior officials of the entitled ‘‘Small Business Size Standards; suant to law, the report of a rule entitled Health Care’’ (RIN3245–AE06) received on De- Russian Federation’s Ministry for ‘‘Federal Claims Collection Standards’’ Atomic Energy. I also am aware that cember 5, 2000; to the Committee on Small (RIN1510–AA57 and 1105–AA31) received on Business. November 9, 2000; to the Committee on Fi- discussions between Western lending EC–11782. A communication from the Dep- nance. institutions and the Russian Federa- uty General Counsel, Office of Small Busi- f tion are progressing well and that dis- ness Investment Companies, Small Business cussions with the International Atomic Administration, transmitting, pursuant to NOMINATION DISCHARGED law, the report of a rule entitled ‘‘Small Energy Authority or IAEA have helped Business Investment Companies; ‘Cost of Pursuant to a unanimous consent to clarify their responsibilities. Money’ Limitations’’ (RIN3245–AE49) re- agreement of December 7, 2000, the This Act would enable the imposition ceived on December 5, 2000; to the Committee Committee on Foreign Relations was of international protective safeguards on Small Business. discharged of the following nomina- on new, large stocks of Russian weap- EC–11783. A communication from the tion: ons-ready materials in a way that en- Chairman, Centennial of Flight Commission, ables the Russian Federation to gain in concurrence with the National Aero- DEPARTMENT OF STATE near-term financial resources from the nautics Space Administration Adminis- Richard N. Gardner, of New York, to be an trator, transmitting, pursuant to law, the Alternate Representative of the United same materials. The Act requires that annual report for fiscal year 2000; to the States of America to the Fifty-fifth Session these resources be used in support of Committee on Governmental Affairs. of the General Assembly of the United Na- non-proliferation or energy programs EC–11784. A communication from the Presi- tions. within Russia. It also requires that the dent of the United States, transmitting, pur- f materials used to collateralize these suant to law, a report relative to the alter- loans must remain under international native plan for federal employee locality- INTRODUCTION OF BILLS AND IAEA safeguards forevermore. based comparability payments; to the Com- JOINT RESOLUTIONS mittee on Governmental Affairs. This Act does not replace programs EC–11785. A communication from the The following bills and joint resolu- that currently are in place to ensure Chairman and the General Counsel of the Na- tions were introduced, read the first that weapons-grade materials can

VerDate 06-DEC-2000 04:42 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.039 pfrm02 PsN: S07PT1 S11740 CONGRESSIONAL RECORD — SENATE December 7, 2000 never be used in weapons in the future. from Indiana (Mr. LUGAR) was added as resolution; which was considered and The Highly Enriched Uranium or HEU a cosponsor of S. Con. Res. 87, a con- agreed to: Agreement is moving toward elimi- current resolution commending the S. RES. 386 nation of 500 tons of Russian weapons- Holy See for making significant con- Whereas on December 7, 1941, the Imperial grade uranium. The Plutonium Dis- tributions to international peace and Japanese Navy and Air Force attacked units position Agreement is similarly work- human rights, and objecting to efforts of the Armed Forces of the United States ing on elimination of 34 tons of Russian to expel the Holy See from the United stationed at Pearl Harbor, Hawaii; weapons-grade plutonium. Nations by removing the Holy See’s Whereas 2,403 members of the Armed The HEU agreement removes mate- Permanent Observer status in the Forces of the United States were killed in rial usable in 20,000 nuclear weapons, United Nations, and for other purposes. the attack on Pearl Harbor; Whereas there are currently more than while the plutonium disposition agree- f 12,000 members of the Pearl Harbor Survivors ment similarly removes material for SENATE RESOLUTION 385—CON- Association; more than 4,000 nuclear weapons. Both Whereas the 60th anniversary of the attack of these agreements enable the transi- GRATULATING THE REVEREND on Pearl Harbor will be on December 7, 2001; tion of Russian materials into commer- CLAY EVANS OF CHICAGO, IL, ON Whereas on August 23, 1994, Public Law cial reactor fuel, which, after use in a THE OCCASION OF HIS RETIRE- 103–308 was enacted, designating December 7 reactor, destroys its ‘‘weapons-grade’’ MENT of each year as National Pearl Harbor Re- attributes. There should be no question Mr. DURBIN (for himself and Mr. membrance Day; Whereas Public Law 103–308, reenacted as that both these agreements remain of FITZGERALD) submitted the following section 129 of title 36, United States Code, re- vital importance to both nations. resolution; which was considered and quests the President to issue a proclamation But estimates are that the Russian agreed to: each year calling on the people of the United Federation has vast stocks of weapons- S. RES. 395 States to observe National Pearl Harbor Re- grade materials in addition to the Whereas Reverend Clay Evans was or- membrance Day with appropriate cere- amounts they’ve already declared as dained as a Baptist minister 50 years ago, in monies and activities, and for all depart- surplus to their weapons needs in these 1950, and founded and served as the Pastor of ments, agencies, and instrumentalities of the earlier agreements. If we can provide the Fellowship Missionary Baptist Church in Federal Government, and interested organi- Chicago, Illinois, for 49 years; zations, groups, and individuals, to fly the additional incentives to Russia to en- flag of the United States at half-staff each courage transition of more of these ma- Whereas Reverend Evans has been happily married to Lutha Mae Hollinshed Evans for December 7 in honor of the individuals who terials into configurations where it is over 50 years, and with her is the proud par- died as a result of their service at Pearl Har- not available for diversion or re-use in ent of five children; bor; weapons, we’ve made another signifi- Whereas Reverend Evans has been respon- Whereas many citizens remain unaware of cant step toward global stability. sible for helping launch the ministerial ca- National Pearl Harbor Remembrance Day; By introducing this Act now, Mr. reers of 93 individuals, including 6 female and President, I’m hoping that this concept ministers; Whereas many Federal offices do not lower their flags to half-staff each December 7: will be carefully reviewed by all inter- Whereas Reverend Evans received Hon- orary Doctorate of Divinity Degrees from Now, therefore, be it ested parties—by the new Administra- Resolved, That the Senate— tion, by lending institutions, and by Arkansas Baptist College and Brewster Theological Clinic and School of Religion; (1) pays tribute to the citizens of the the Russian Federation. My hope is Whereas Reverend Evans has been an ac- United States who died in the attack on that in the next Congress, these inter- tive participant in the Civil Rights Move- Pearl Harbor, Hawaii, on December 7, 1941, ests can come together to enable this ment since 1965; and to the members of the Pearl Harbor Sur- new approach to still further reduce Whereas Reverend Evans is the founding vivors Association; and the proliferation threats from surplus National Board Chairman of Operation (2) urges the President to take more active P.U.S.H. and currently serves as its Chair- steps— weapons materials in the Russian nu- (A) to inform the American public of the clear weapons complex. man Emeritus; Whereas Reverend Evans is Founding existence of National Pearl Harbor Remem- f President of the Broadcast Ministers Alli- brance Day; and (B) to ensure that the flag of the United ADDITIONAL COSPONSORS ance of Chicago, Founding President of the African American Religious Connection, States is flown at half-staff in accordance S. 1915 Trustee Board Chairman of Chicago Baptist with section 129 of title 36, United States At the request of Mr. JEFFORDS, the Institute, and Board member of the National Code. name of the Senator from Washington Baptist Covention, U.S.A., Inc.; f Whereas Reverend Evans is a featured solo- (Mrs. MURRAY) was added as a cospon- NOTICE OF HEARING sor of S. 1915, a bill to enhance the ist on numerous albums of the 250 Voice services provided by the Environ- Choir of Fellowship Missionary Baptist COMMITTEE ON ENERGY AND NATURAL Church and 1996 Stellar Award winner of the RESOURCES mental Protection Agency to small #1 Gospel Album ‘‘I’ve Got a Testimony’’; communities that are attempting to Mr. MURKOWSKI. Mr. President, I Whereas Reverend Evans authored a 1992 would like to announce for the infor- comply with national, State, and local autobiographical book, ‘‘From Plough Han- environmental regulations. dle to Pulpit,’’ which sold thousands of cop- mation of the Senate and the public that an oversight hearing has been S. 3175 ies and was rewritten in 1997; Now, therefore, be it scheduled before the Committee on En- At the request of Mr. CRAIG, the Resolved, That the Senate— ergy and Natural Resources. name of the Senator from Oregon (Mr. (1) congratulates the Reverend Clay Evans The hearing will take place on Tues- WYDEN) was added as a cosponsor of S. on his retirement as Pastor of the Fellow- day, December 12, 2000 at 9:30 a.m. in 3175, a bill to amend the Consolidated ship Missionary Baptist Church; room SD–366 of the Dirksen Senate Of- Farm and Rural Development Act to (2) acknowledges the affection that Rev- fice Building in Washington, D.C. authorize the National Rural Develop- erend Evans’ congregation shares for him; and The title of this hearing is ‘‘Natural ment Partnership, and for other pur- Gas Markets: One Year After the Na- poses. (3) extends its best wishes to Reverend Evans and his family on the occasion of his tional Petroleum Council’s Gas Re- S. 3250 retirement. port.’’ At the request of Mr. BROWNBACK, the f Because of the limited time available name of the Senator from Indiana (Mr. for the hearing, witnesses may testify BAYH) was added as a cosponsor of S. SENATE RESOLUTION 386— by invitation only. However, those 3250, a bill to provide for a United EXPRESING THE SENSE OF THE wishing to submit written testimony States response in the event of a uni- SENATE REGARDING NATIONAL for the hearing record should send two lateral declaration of a Palestinian PEARL HARBOR REMEMBRANCE copies of their testimony to the Com- state. DAY mittee on Energy and Natural Re- S. CON. RES. 87 Mr. SMITH of New Hampshire (for sources, United States Senate, 364 At the request of Mr. SMITH of New himself, Mr. INOUYE, Mr. HELMS, and Dirksen Senate Office Building, Wash- Hampshire, the name of the Senator Mr. INHOFE) submitted the following ington, D.C. 20510–6150.

VerDate 06-DEC-2000 04:42 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.043 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11741 For further information, please call Resolved, That the bill from the Senate (S. expertise of the State and/or the services and ex- Trici Heninger or Bryan Hannegan at 1694) entitled ‘‘An Act to direct the Sec- pertise of a private consultant employed under (202) 224–7932. retary of the Interior to conduct a study on contract with the State to conduct the study the reclamation and reuse of water and and prepare the reports described in this section f wastewater in the State of Hawaii’’, do pass if the State requests such an arrangement and if NATIONAL FOREST AND PUBLIC with the following amendments: it can be demonstrated to the satisfaction of the LANDS OF NEVADA ENHANCE- Strike out all after the enacting clause and Secretary that such an arrangement will result insert: MENT ACT OF 1988 AMENDMENTS in the satisfactory completion of the work au- thorized by this section in a timely manner and AND BOUNDARY ADJUSTMENT TITLE I—HAWAII WATER RESOURCES STUDY at a reduced cost. OF THE TOIYABE NATIONAL SEC. 101. SHORT TITLE. (e) AUTHORIZATION OF APPROPRIATIONS.— FOREST This title may be cited as the ‘‘Hawaii Water There are authorized to be appropriated $300,000 Mr. HAGEL. Mr. President, I ask Resources Act of 2000’’. for the Federal share of the activities authorized under this title. that the Chair lay before the Senate a SEC. 102. DEFINITIONS. message from the House of Representa- In this title: SEC. 104. WATER RECLAMATION AND REUSE. tives on the bill (S. 439). (1) SECRETARY.—The term ‘‘Secretary’’ means (a) Section 1602(b) of the Reclamation Waste- water and Groundwater Study and Facilities The PRESIDING OFFICER laid be- the Secretary of the Interior. (2) STATE.—The term ‘‘State’’ means the State Act (43 U.S.C. 390h(b)) is amended by inserting fore the Senate the following message of Hawaii. before the period at the end the following: ‘‘, from the House of Representatives: SEC. 103. HAWAII WATER RESOURCES STUDY. and the State of Hawaii’’. Resolved, That the bill from the Senate (S. (a) IN GENERAL.—The Secretary, acting (b) The Secretary is authorized to use the au- 439) entitled ‘‘An Act to amend the National through the Commissioner of Reclamation and thorities available pursuant to section 1602(b) of Forest and Public Lands of Nevada Enhance- in accordance with the provisions of this title the Reclamation Wastewater and Groundwater ment Act of 1988 to adjust the boundary of and existing legislative authorities as may be Study and Facilities Act (43 U.S.C. 390h(b)) to the Toiyabe National Forest, Nevada’’, do pertinent to the provisions of this title, includ- conduct the relevant portion of the study and pass with the following amendments: ing: the Act of August 23, 1954 (68 Stat. 773, preparation of the reports authorized by this Strike out all after the enacting clause and chapter 838), authorizing the Secretary to inves- title if the use of such authorities is found by insert: tigate the use of irrigation and reclamation re- the Secretary to be appropriate and cost-effec- SECTION 1. ADJUSTMENT OF BOUNDARY OF THE source needs for areas of the islands of Oahu, tive, and provided that the total Federal share TOIYABE NATIONAL FOREST, NE- Hawaii, and Molokai in the State of Hawaii; of costs for the study and reports does not ex- VADA. section 31 of the Hawaii Omnibus Act (43 U.S.C. ceed the amount authorized in section 103. Section 4(a) of the National Forest and Public 422l) authorizing the Secretary to develop rec- TITLE II—DROUGHT RELIEF Lands of Nevada Enhancement Act of 1988 (102 lamation projects in the State under the Act of Stat. 2750) is amended— SEC. 201. DROUGHT RELIEF. August 6, 1956 (70 Stat. 1044, chapter 972; 42 (1) by striking ‘‘Effective’’ and inserting ‘‘(1) (a) RELIEF FOR HAWAII.—Section 104 of the U.S.C. 422a et seq.) (commonly known as the Effective’’; and Reclamation States Emergency Drought Relief (2) by adding at the end the following: ‘‘Small Reclamation Projects Act’’); and the Act of 1991 (43 U.S.C. 2214) is amended— ‘‘(2) Effective on the date of enactment of this amendment made by section 207 of the Hawaiian (1) in subsection (a), by inserting after ‘‘Rec- paragraph, the portion of the land transferred Home Lands Recovery Act (109 Stat. 364; 25 lamation State’’ the following: ‘‘and in the State to the Secretary of Agriculture under paragraph U.S.C. 386a) authorizing the Secretary to assess of Hawaii’’; and (1) situated between the lines marked ‘Old For- charges against Native Hawaiians for reclama- (2) in subsection (c), by striking ‘‘ten years est Boundary’ and ‘Revised National Forest tion cost recovery in the same manner as after the date of enactment of this Act’’ and in- Boundary’ on the map entitled ‘Nevada Inter- charges are assessed against Indians or Indian serting ‘‘on September 30, 2005’’. change ‘‘A’’, Change 1’, and dated September tribes; is authorized and directed to conduct a (b) ASSISTANCE FOR DROUGHT-RELATED PLAN- 16, 1998, is transferred to the Secretary of the study that includes— NING IN RECLAMATION STATES.—Such Act is fur- Interior.’’. (1) a survey of the irrigation and other agri- ther amended by adding at the end of title I the cultural water delivery systems in the State; following: SEC. 2. OVERTIME PAY FOR CERTAIN FIRE- (2) an estimation of the cost of repair and re- FIGHTERS. ‘‘SEC. 105. ASSISTANCE FOR DROUGHT-RELATED habilitation of the irrigation and other agricul- (a) IN GENERAL.—Section 5542(a) of title 5, PLANNING IN RECLAMATION United States Code, is amended by adding at the tural water delivery systems; STATES. (3) an evaluation of options and alternatives end the following: ‘‘(a) IN GENERAL.—The Secretary may provide ‘‘(5) Notwithstanding paragraphs (1) and (2), for future use of the irrigation and other agri- financial assistance in the form of cooperative for an employee of the Department of the Inte- cultural water delivery systems (including alter- agreements in States that are eligible to receive rior or the United States Forest Service in the natives that would improve the use and con- drought assistance under this title to promote Department of Agriculture engaged in emer- servation of water resources and would con- the development of drought contingency plans gency wildland fire suppression activities, the tribute to agricultural diversification, economic under title II. overtime hourly rate of pay is an amount equal development, and improvements to environ- ‘‘(b) REPORT.—Not later than one year after to one and one-half times the hourly rate of mental quality); and the date of the enactment of the Hawaii Water (4) the identification and investigation of op- basic pay of the employee, and all that amount Resources Act of 2000, the Secretary shall submit portunities for recycling, reclamation, and reuse is premium pay.’’. to the Congress a report and recommendations of water and wastewater for agricultural and (b) EFFECTIVE DATE.—The amendments made on the advisability of providing financial assist- by this section shall take effect on the first day nonagricultural purposes. ance for the development of drought contin- (b) REPORTS.— of the first applicable pay period beginning on gency plans in all entities that are eligible to re- (1) IN GENERAL.—Not later than 2 years after ceive assistance under title II.’’. or after the end of the 30-day period beginning appropriation of funds authorized by this title, on the date of the enactment of this Act, and the Secretary shall submit a report that de- TITLE III—CITY OF ROSEVILLE PUMPING shall apply only to funds appropriated after the scribes the findings and recommendations of the PLANT FACILITIES date of the enactment of this Act. study described in subsection (a) to— SEC. 301. CITY OF ROSEVILLE PUMPING PLANT Amend the title so as to read ‘‘An Act to (A) the Committee on Energy and Natural Re- FACILITIES: CREDIT FOR INSTALLA- amend the National Forest and Public Lands sources of the Senate; and TION OF ADDITIONAL PUMPING of Nevada Enhancement Act of 1988 to adjust (B) the Committee on Resources of the House PLANT FACILITIES IN ACCORDANCE the boundary of the Toiyabe National For- of Representatives. WITH AGREEMENT. est, Nevada, and to amend chapter 55 of title (2) ADDITIONAL REPORTS.—The Secretary shall (a) IN GENERAL.—The Secretary shall credit 5, United States Code, to authorize equal submit to the committees described in paragraph an amount up to $1,164,600, the precise amount overtime pay provisions for all Federal em- (1) any additional reports concerning the study to be determined by the Secretary through a cost ployees engaged in wildland fire suppression described in subsection (a) that the Secretary allocation, to the unpaid capital obligation of operations.’’. considers to be necessary. the City of Roseville, California (in this section f (c) COST SHARING.—Costs of conducting the referred to as the ‘‘City’’), as such obligation is study and preparing the reports described in calculated in accordance with applicable Fed- HAWAII WATER RESOURCES ACT subsections (a) and (b) of this section shall be eral reclamation law and Central Valley Project OF 2000 shared between the Secretary and the State. The rate setting policy, in recognition of future ben- Mr. HAGEL. Mr. President, I ask Federal share of the costs of the study and re- efits to be accrued by the United States as a re- that the Chair lay before the Senate a ports shall not exceed 50 percent of the total sult of the City’s purchase and funding of the installation of additional pumping plant facili- message from the House of Representa- cost, and shall be nonreimbursable. The Sec- retary shall enter into a written agreement with ties in accordance with a letter of agreement tives on the bill (S. 1694). the State, describing the arrangements for pay- with the United States numbered 5–07–20–X0331 The PRESIDING OFFICER laid be- ment of the non-Federal share. and dated January 26, 1995. The Secretary shall fore the Senate the following message (d) USE OF OUTSIDE CONTRACTORS.—The Sec- simultaneously add an equivalent amount of from the House of Representatives: retary is authorized to employ the services and costs to the capital costs of the Central Valley

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Project, and such added costs shall be reim- (1) BUREAU.—The term ‘‘Bureau’’ means the amount of costs repaid by the District from the bursed in accordance with reclamation law and Bureau of Reclamation. pooled reimbursable costs of the Central Valley policy. (2) DISTRICT.—The term ‘‘District’’ means the Project until such time as the Project has been (b) EFFECTIVE DATE.—The credit under sub- Foresthill Public Utility District, a political sub- operationally integrated into the water supply section (a) shall take effect upon the date on division of the State of California. of the Central Valley Project. Such excess costs which— (3) PROJECT.—The term ‘‘Project’’ means the may not be included into the pooled reimburs- (1) the City and the Secretary have agreed improvements (and associated interests) author- able costs of the Central Valley Project in the that the installation of the facilities referred to ized in the Foresthill Divide Subunit of the Au- future unless a court of competent jurisdiction in subsection (a) has been completed in accord- burn-Folsom South Unit, Central Valley Project, determines that operation integration is not a ance with the terms and conditions of the letter consisting of— prerequisite to the inclusion of such costs pursu- of agreement referred to in subsection (a); and (A) Sugar Pine Dam; ant to Public Law 89–161. (2) the Secretary has issued a determination (B) the right to impound waters behind the TITLE VI—COLUSA BASIN WATERSHED that such facilities are fully operative as in- dam; INTEGRATED RESOURCES MANAGEMENT tended. (C) the associated conveyance system, holding TITLE IV—CLEAR CREEK DISTRIBUTION reservoir, and treatment plant; SEC. 601. SHORT TITLE. SYSTEM CONVEYANCE (D) water rights; This title may be cited as the ‘‘Colusa Basin Watershed Integrated Resources Management SEC. 401. SHORT TITLE. (E) rights of the Bureau described in the Act’’. This title may be cited as the ‘‘Clear Creek agreement of June 11, 1985, with the Supervisor Distribution System Conveyance Act’’. of Tahoe National Forest, California; and SEC. 602. AUTHORIZATION OF ASSISTANCE. (F) other associated interests owned and held SEC. 402. DEFINITIONS. The Secretary of the Interior (in this title re- by the United States and authorized as part of For purposes of this title: ferred to as the ‘‘Secretary’’), acting within ex- the Auburn-Folsom South Unit under Public (1) SECRETARY.—The term ‘‘Secretary’’ means isting budgetary authority, may provide finan- the Secretary of the Interior. Law 89–161 (79 Stat. 615). cial assistance to the Colusa Basin Drainage (2) DISTRICT.—The term ‘‘District’’ means the (4) SECRETARY.—The term ‘‘Secretary’’ means District, California (in this title referred to as Clear Creek Community Services District, a Cali- the Secretary of the Interior. the ‘‘District’’), for use by the District or by fornia community services district located in (5) WATER SERVICES CONTRACT.—The term local agencies acting pursuant to section 413 of Shasta County, California. ‘‘Water Services Contract’’ means Water Serv- the State of California statute known as the (3) AGREEMENT.—The term ‘‘Agreement’’ ices Contract #14–06–200–3684A, dated February Colusa Basin Drainage Act (California Stats. means Agreement No. 8–07–20–L6975 entitled 13, 1978, between the District and the United 1987, ch. 1399) as in effect on the date of the en- ‘‘Agreement Between the United States and the States. actment of this Act (in this title referred to as Clear Creek Community Services District to SEC. 503. CONVEYANCE OF THE PROJECT. the ‘‘State statute’’), for planning, design, envi- Transfer Title to the Clear Creek Distribution (a) IN GENERAL.—As soon as practicable after ronmental compliance, and construction re- System to the Clear Creek Community Services date of the enactment of this Act and in accord- quired in carrying out eligible projects in the District’’. ance with all applicable law, the Secretary shall Colusa Basin Watershed to— (4) DISTRIBUTION SYSTEM.—The term ‘‘Dis- convey all right, title, and interest in and to the (1)(A) reduce the risk of damage to urban and tribution System’’ means all the right, title, and Project to the District. agricultural areas from flooding or the dis- interest in and to the Clear Creek distribution (b) SALE PRICE.—Except as provided in sub- charge of drainage water or tailwater; system as defined in the Agreement. section (c), on payment by the District to the (B) assist in groundwater recharge efforts to SEC. 403. CONVEYANCE OF DISTRIBUTION SYS- Secretary of $2,772,221— alleviate overdraft and land subsidence; or TEM. (1) the District shall be relieved of all payment (C) construct, restore, or preserve wetland and In consideration of the District accepting the obligations relating to the Project; and riparian habitat; and obligations of the Federal Government for the (2) all debt under the Water Services Contract (2) capture, as an incidental purpose of any of Distribution System, the Secretary shall convey shall be extinguished. the purposes referred to in paragraph (1), sur- the Distribution System to the District pursuant (c) MITIGATION AND RESTORATION PAY- face or stormwater for conservation, conjunctive to the terms and conditions set forth in the MENTS.—The District shall continue to be obli- use, and increased water supplies. Agreement. gated to make payments under section 3407(c) of SEC. 603. PROJECT SELECTION. SEC. 404. RELATIONSHIP TO EXISTING OPER- the Central Valley Project Improvement Act (106 (a) ELIGIBLE PROJECTS.—A project shall be an ATIONS. Stat. 4726) through 2029. eligible project for purposes of section 602 only Nothing in this title shall be construed to au- SEC. 504. RELATIONSHIP TO EXISTING OPER- if it is— thorize the District to construct any new facili- ATIONS. (1) consistent with the plan for flood protec- ties or to expand or otherwise change the use or (a) IN GENERAL.—Nothing in this title signifi- tion and integrated resources management de- operation of the Distribution System from its au- cantly expands or otherwise affects the use or scribed in the document entitled ‘‘Draft Pro- thorized purposes based upon historic and cur- operation of the Project from its current use and grammatic Environmental Impact Statement/En- rent use and operation. Effective upon transfer, operation. vironmental Impact Report and Draft Program if the District proposes to alter the use or oper- (b) RIGHT TO OCCUPY AND FLOOD.—On the Financing Plan, Integrated Resources Manage- ation of the Distribution System, then the Dis- date of the conveyance under section 503, the ment Program for Flood Control in the Colusa trict shall comply with all applicable laws and Chief of the Forest Service shall grant the Dis- Basin’’, dated May 2000; and regulations governing such changes at that trict the right to occupy and flood portions of (2) carried out in accordance with that docu- time. land in Tahoe National Forest, subject to the ment and all environmental documentation re- SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT terms and conditions stated in an agreement be- quirements that apply to the project under the OBLIGATIONS. tween the District and the Supervisor of the laws of the United States and the State of Cali- Conveyance of the Distribution System under Tahoe National Forest. fornia. this title— (c) CHANGES IN USE OR OPERATION.—If the (b) COMPATIBILITY REQUIREMENT.—The Sec- (1) shall not affect any of the provisions of the District changes the use or operation of the retary shall ensure that projects for which as- District’s existing water service contract with Project, the District shall comply with all appli- sistance is provided under this title are not in- the United States (contract number 14–06–200– cable laws (including regulations) governing the consistent with watershed protection and envi- 489–IR3), as it may be amended or supple- change at the time of the change. ronmental restoration efforts being carried out mented; and SEC. 505. FUTURE BENEFITS. under the authority of the Central Valley (2) shall not deprive the District of any exist- On payment of the amount under section Project Improvement Act (Public Law 102–575; ing contractual or statutory entitlement to sub- 503(b)— 106 Stat. 4706 et seq.) or the CALFED Bay-Delta sequent interim renewals of such contract or to (1) the Project shall no longer be a Federal Program. renewal by entering into a long-term water serv- reclamation project or a unit of the Central Val- SEC. 604. COST SHARING. ice contract. ley Project; and (a) NON-FEDERAL SHARE.—The Secretary shall SEC. 406. LIABILITY. (2) the District shall not be entitled to receive require that the District and cooperating non- Effective on the date of conveyance of the any further reclamation benefits. Federal agencies or organizations pay— Distribution System under this title, the United SEC. 506. LIABILITY. (1) 25 percent of the costs associated with con- States shall not be liable under any law for Except as otherwise provided by law, effective struction of any project carried out with assist- damages of any kind arising out of any act, on the date of conveyance under section 503, the ance provided under this title; omission, or occurrence based on its prior own- United States shall not be liable for damages of (2) 100 percent of any operation, maintenance, ership or operation of the conveyed property. any kind arising out of any act, omission, or oc- and replacement and rehabilitation costs with TITLE V—SUGAR PINE DAM AND currence based on its prior ownership or oper- respect to such a project; and RESERVOIR CONVEYANCE ation of the Project. (3) 35 percent of the costs associated with SEC. 501. SHORT TITLE. SEC. 507. COSTS. planning, design, and environmental compliance This title may be cited as the ‘‘Sugar Pine To the extent that costs associated with the activities. Dam and Reservoir Conveyance Act’’. Project are included as a reimbursable cost of (b) PLANNING, DESIGN, AND COMPLIANCE AS- SEC. 502. DEFINITIONS. the Central Valley Project, the Secretary is di- SISTANCE.—Funds appropriated pursuant to this In this title: rected to exclude all costs in excess of the title may be made available to fund 65 percent of

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costs incurred for planning, design, and envi- (A) All right, title, and interest of the United (10) A reservation of 1⁄16 of all gas, oil, metals, ronmental compliance activities by the District States in and to the lands comprising Section 23, and mineral rights retained by the State of Ari- or by local agencies acting pursuant to the State Township 11 South, Range 24 West, G&SRBM, zona. statute, in accordance with agreements with the Lots 1–4, NE1⁄4, N1⁄2 NW1⁄4, excluding lands lo- (11) Such additional terms and conditions as Secretary. cated within the 60-foot border strip, in Yuma the Secretary considers appropriate to protect (c) TREATMENT OF CONTRIBUTIONS.—For pur- County, Arizona. the interests of the United States. poses of this section, the Secretary shall treat (B) All right, title, and interest of the United (c) CONSIDERATION.— the value of lands, interests in lands (including States in and to the lands comprising Section 22, (1) IN GENERAL.—As consideration for the con- rights-of-way and other easements), and nec- Township 11 South, Range 24 West, G&SRBM, veyance under subsection (a), the Greater Yuma essary relocations contributed by the District to East 300 feet of Lot 1, excluding lands located Port Authority shall pay the United States con- a project as a payment by the District of the within the 60-foot border strip, in Yuma County, sideration equal to the fair market value on the costs of the project. Arizona. date of the enactment of this Act of the interest SEC. 605. COSTS NONREIMBURSABLE. (C) All right, title, and interest of the United conveyed. Amounts expended pursuant to this title shall States in and to the lands comprising Section 24, (2) DETERMINATION.—For purposes of para- be considered nonreimbursable for purposes of Township 11 South, Range 24 West, G&SRBM, graph (1), the fair market value of any interest the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. West 300 feet, excluding lands in the 60-foot bor- in land shall be determined taking into account 371 et seq.), and Acts amendatory thereof and der strip, in Yuma County, Arizona. that the land is undeveloped, that 80 acres is in- (D) All right, title, and interest of the United supplemental thereto. tended to be dedicated to use by the United States in and to the lands comprising the East SEC. 606. AGREEMENTS. States for Federal governmental purposes, and 300 feet of the Southeast Quarter of Section 15, that an additional substantial portion of the Funds appropriated pursuant to this title may Township 11 South, Range 24 West, G&SRBM, be made available to the District or a local agen- land is dedicated to public right-of-way, high- in Yuma County, Arizona. way, and transportation purposes. cy only if the District or local agency, as appli- (E) The right to use lands in the 60-foot bor- (d) USE.—The Greater Yuma Port Authority cable, has entered into a binding agreement der strip excluded under subparagraphs (A), and its successors shall use the interests con- with the Secretary— (B), and (C), for ingress to and egress from the veyed solely for the purpose of the construction (1) under which the District or the local agen- international boundary between the United and operation of an international port of entry cy is required to pay the non-Federal share of States and Mexico. and related activities. the costs of construction required by section (b) DEED COVENANTS AND CONDITIONS.—Any OMPLIANCE WITH LAWS.—Before the date 604(a); and conveyance under subsection (a) shall be subject (e) C (2) governing the funding of planning, design, to the following covenants and conditions: of the conveyance, actions required with respect and compliance activities costs under section (1) A reservation of rights-of-way for ditches to the conveyance under the National Environ- 604(b). and canals constructed or to be constructed by mental Policy Act of 1969 (42 U.S.C. 4321 et SEC. 607. REIMBURSEMENT. the authority of the United States, this reserva- seq.), the Endangered Species Act of 1973 (16 For project work (including work associated tion being of the same character and scope as U.S.C. 1531 et seq.), the National Historic Pres- with studies, planning, design, and construc- that created with respect to certain public lands ervation Act (16 U.S.C. 470 et seq.), and other tion) carried out by the District or by a local by the Act of August 30, 1890 (26 Stat. 391; 43 applicable Federal laws must be completed at no agency acting pursuant to the State statute in U.S.C. 945), as it has been, or may hereafter be cost to the United States. section 602 before the date amounts are provided amended. (f) USE OF 60-FOOT BORDER STRIP.—Any use for the project under this title, the Secretary (2) A leasehold interest in Lot 1, and the west of the 60-foot border strip shall be made in co- shall, subject to amounts being made available 100 feet of Lot 2 in Section 23 for the operation ordination with Federal agencies having au- in advance in appropriations Acts, reimburse of a Cattle Crossing Facility, currently being op- thority with respect to the 60-foot border strip. the District or the local agency, without inter- erated by the Yuma-Sonora Commercial Com- (g) DESCRIPTION OF PROPERTY.—The exact est, an amount equal to the estimated Federal pany, Incorporated. The lease as currently held acreage and legal description of property con- share of the cost of such work under section 604. contains 24.68 acres, more or less. Any renewal veyed under this section, and of any right-of- way that is subject to a right of use conveyed SEC. 608. COOPERATIVE AGREEMENTS. or termination of the lease shall be by the Great- pursuant to subsection (a)(2)(E), shall be deter- (a) IN GENERAL.—The Secretary may enter er Yuma Port Authority. into cooperative agreements and contracts with (3) Reservation by the United States of a 245- mined by a survey satisfactory to the Secretary. the District to assist the Secretary in carrying foot perpetual easement for operation and main- The cost of the survey shall be borne by the out the purposes of this title. tenance of the 242 Lateral Canal and Well Field Greater Yuma Port Authority. (h) DEFINITIONS.— (b) SUBCONTRACTING.—Under such cooperative along the northern boundary of the East 300 agreements and contracts, the Secretary may feet of Section 22, Section 23, and the West 300 (1) 60-FOOT BORDER STRIP.—The term ‘‘60-foot authorize the District to manage and let con- feet of Section 24 as shown on Reclamation border strip’’ means lands in any of the Sections tracts and receive reimbursements, subject to Drawing Nos. 1292–303–3624, 1292–303–3625, and of land referred to in this Act located within 60 amounts being made available in advance in ap- 1292–303–3626. feet of the international boundary between the propriations Acts, for work carried out under (4) A reservation by the United States of all United States and Mexico. (2) GREATER YUMA PORT AUTHORITY.—The such contracts or subcontracts. rights to the ground water in the East 300 feet of Section 15, the East 300 feet of Section 22, term ‘‘Greater Yuma Port Authority’’ means SEC. 609. RELATIONSHIP TO RECLAMATION RE- Trust No. 84–184, Yuma Title & Trust Company, FORM ACT OF 1982. Section 23, and the West 300 feet of Section 24, Activities carried out, and financial assistance and the right to remove, sell, transfer, or ex- an Arizona Corporation, a trust for the benefit provided, under this title shall not be considered change the water to meet the obligations of the of the Cocopah Tribe, a Sovereign Nation, the a supplemental or additional benefit for pur- Treaty of 1944 with the Republic of Mexico, and County of Yuma, Arizona, the City of Somerton, poses of the Reclamation Reform Act of 1982 (96 Minute Order No. 242 for the delivery of salinity and the City of San Luis, Arizona, or such other Stat. 1263; 43 U.S.C. 390aa et seq.). controlled water to Mexico. successor joint powers agency or public purpose (5) A reservation of all rights-of-way and entity as unanimously designated by those gov- SEC. 610. APPROPRIATIONS AUTHORIZED. easements existing or of record in favor of the ernmental units. Within existing budgetary authority and sub- public or third parties. (3) SECRETARY.—The term ‘‘Secretary’’ means ject to the availability of appropriations, the (6) A right-of-way reservation in favor of the the Secretary of the Interior, acting through the Secretary is authorized to expend up to United States and its contractors, and the State Bureau of Reclamation. $25,000,000, plus such additional amount, if any, of Arizona, and its contractors, to utilize a 33- as may be required by reason of changes in costs TITLE VIII—DICKINSON DAM BASCULE foot easement along all section lines to freely GATES SETTLEMENT of services of the types involved in the District’s give ingress to, passage over, and egress from SEC. 801. SHORT TITLE. projects as shown by engineering and other rel- areas in the exercise of official duties of the evant indexes to carry out this title. Sums ap- United States and the State of Arizona. This title may be cited as the ‘‘Dickinson Dam propriated under this section shall remain avail- (7) Reservation of a right-of-way to the Bascule Gates Settlement Act of 2000’’. able until expended. United States for a 100-foot by 100-foot parcel SEC. 802. FINDINGS. TITLE VII—CONVEYANCE TO YUMA PORT for each of the Reclamation monitoring wells, The Congress finds that— AUTHORITY together with unrestricted ingress and egress to (1) in 1980 and 1981, the Bureau of Reclama- SEC. 701. CONVEYANCE OF LANDS TO THE GREAT- both sites. One monitoring well is located in Lot tion constructed the bascule gates on top of the ER YUMA PORT AUTHORITY. 1 of Section 23 just north of the Boundary Re- Dickinson Dam on the Heart River, North Da- (a) AUTHORITY TO CONVEY.— serve and just west of the Cattle Crossing Facil- kota, to provide additional water supply in the (1) IN GENERAL.—The Secretary of the Inte- ity, and the other is located in the southeast reservoir known as Patterson Lake for the city rior, acting through the Bureau of Reclamation, corner of Lot 3 just north of the Boundary Re- of Dickinson, North Dakota, and for additional may, in the 5-year period beginning on the date serve. flood control and other benefits; of the enactment of this Act and in accordance (8) An easement comprising a 50-foot strip (2) the gates had to be significantly modified with the conditions specified in subsection (b) lying North of the 60-foot International Bound- in 1982 because of damage resulting from a large convey to the Greater Yuma Port Authority the ary Reserve for drilling and operation of, and ice block causing excessive pressure on the hy- interests described in paragraph (2). access to, wells. draulic system, causing the system to fail; (2) INTERESTS DESCRIBED.—The interests re- (9) A reservation by the United States of 15⁄16 (3) since 1991, the City has received its water ferred to in paragraph (1) are the following: of all gas, oil, metals, and mineral rights. supply from the Southwest Water Authority,

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 6333 E:\CR\FM\A07DE6.033 pfrm02 PsN: S07PT1 S11744 CONGRESSIONAL RECORD — SENATE December 7, 2000 which provides much higher quality water from A bill (H.R. 5461) to amend the Magnuson- ministration with tools to address fin- the Southwest Pipeline Project; Stevens Fisheries Conservation and Manage- ning by foreign nations as well. As a (4) the City now receives almost no benefit ment Act to eliminate the wasteful and un- result, the current bill does not con- from the bascule gates because the City does not sportsmanlike practice of shark finning. tain the strong international enforce- require the additional water provided by the There being no objection, the Senate bascule gates for its municipal water supply; ment measures of the Shark Conserva- (5) the City has repaid more than $1,200,000 to proceeded to consider the bill. tion Act. Dr. Andrew Rosenberg of the the United States for the construction of the Mr. HOLLINGS. Mr. President, I rise National Marine Fisheries Service, in bascule gates, and has been working for several to make a few remarks on H.R. 5461, October 1999 testimony before the years to reach an agreement with the Bureau of the Shark Finning Prohibition Act, House warned of the consequences of Reclamation to alter its repayment contract; legislation to begin, and I stress the failing to impose international meas- (6) the City has a longstanding commitment to word begin, to ensure the conservation ures against shark finning: improving the water quality and recreation of sharks, including addressing the . . . even with implementation of new U.S. value of the reservoir and has been working causes and consequences of shark fin- with the United States Geological Survey, the management measures to prohibit shark fin- North Dakota Department of Game and Fish, ning. ning, in all likelihood, foreign-flagged ves- and the North Dakota Department of Health to First, I want to recognize Ms. SNOW, sels will continue shark finning in inter- improve water quality; and our chairman on the Oceans and Fish- national waters. In the absence of strict (7) it is in the public interest to resolve this eries Subcommittee on the Commerce international measures to prohibit shark fin- ning, the anticipated result of new U.S. pro- issue by providing for a single payment to the Committee, and Mr. KERRY, ranking hibitions would be that foreign vessels will United States in lieu of the scheduled annual member of the subcommittee, for put- payments and for the termination of any further develop new shipment routes for shark fins ting shark conservation legislation on through ports outside Hawaii. repayment obligation. the committee agenda this Congress. SEC. 803. DEFINITIONS. The administration’s warning should In this title: My colleagues recognized the substan- be taken seriously. When all the press (1) BASCULE GATES.—The term ‘‘bascule tial danger international fleets pose to releases and headlines have faded from gates’’ means the structure constructed on the sharks around the world, either as a re- memory, there is no doubt that foreign Dam to provide additional water storage capac- sult of direct harvest, high bycatch, or fleets will silently, and happily, con- ity in the Lake. practices such as shark finning. As tinue—or even increase—shark finning, (2) CITY.—The term ‘‘City’’ means the city of with so many of our highly migratory with no adverse repercussions to speak Dickinson, North Dakota. and protected species, we cannot hope (3) DAM.—The term ‘‘Dam’’ means Dickinson of. We sincerely hope that H.R. 5461 Dam on the Heart River, North Dakota. to address these threats solely through will not merely shift shark-finning and (4) LAKE.—The term ‘‘Lake’’ means the res- domestic action. the resulting profits over to foreign na- ervoir known as ‘‘Patterson Lake’’ in the State We are here today because of the tions and international corporations, of North Dakota. growing threats to shark populations, with no net benefit to shark conserva- (5) SECRETARY.—The term ‘‘Secretary’’ means which are particularly vulnerable to tion. The only way to prevent this is by the Secretary of the Interior, acting through the harvest and bycatch mortality. Most Commissioner of the Bureau of Reclamation. applying these rules to everyone. Sim- attention has been focused specifically ply enacting H.R. 5461 without address- SEC. 804. FORGIVENESS OF DEBT. on the practice of shark finning, which (a) IN GENERAL.—The Secretary shall accept a ing shark conservation internationally 1-time payment of $300,000 in lieu of the existing has increased dramatically over the is short-sighted and will not solve the repayment obligations of the City under the Bu- past decade, driven by rising demand problem. In the next Congress, I intend reau of Reclamation Contract No. 9–07–60W0384, for fins in the world market. However, to continue working with my col- dated December 19, 1988, toward which amount there are other threats to shark con- leagues in the Senate, House, and the any payments made by the City to the Secretary servation, including directed shark new administration, whichever admin- on or after June 2, 1998, shall be credited. fisheries and the use of non-selective istration that may turn out to be, to (b) OWNERSHIP.—Title to the Dam and bascule fishing gear, that must be given fur- gates shall remain with the United States. craft a solution that will lead to the (c) COSTS.—(1) The Secretary shall enter into ther attention, both here and abroad. eventual cessation of finning inter- an agreement with the City to allocate respon- In addition, the amount of finning done nationally. sibilities for operation and maintenance costs of by U.S. fishermen pales by comparison Although I do believe that the cur- the bascule gates as provided in this subsection. to the amount of finning done by for- rent bill is not as strong as it should (2) The City shall be responsible for operation eign fleets outside of U.S. waters. The be, I am glad to report it contains a and maintenance costs of the bascule gates, up global shark fin trade involves at least number of provisions from the Senate to a maximum annual cost of $15,000. The Sec- 125 countries, and the demand for retary shall be responsible for all other costs. bill that will lay the foundation for ad- (d) WATER SERVICE CONTRACTS.—The Sec- shark fins and other shark products dressing the international fishing prac- retary may enter into appropriate water service has driven dramatic increases in shark tices that threaten shark conservation contracts if the City or any other person or enti- fishing and shark mortality around the efforts, including the practice of fin- ty seeks to use water from the Lake for munic- world. In 1998, the National Marine ning. H.R. 5461 begins the critical proc- ipal water supply or other purposes. Fisheries Service estimated that 120 ess of collecting the information, in- Amend the title so as to read ‘‘An Act to metric tons of shark fins were landed cluding data on the international direct the Secretary of the Interior to con- in Hawaii that had been caught by for- duct a study on the reclamation and reuse of shark fin trade, that is so lacking at water and wastewater in the State of Hawaii, eign vessels, with a value between the present time by: (1) directing the and for other purposes.’’. $2,376,000 and $2,640,000. That is roughly administration to initiate or continue Mr. HAGEL. Mr. President, I ask four times the amount landed by U.S. discussions with other countries to ban unanimous consent that the Senate vessels in the same year. These figures shark finning; (2) requiring the collec- agree to amendments of the House with include only figures for shark fins that tion of information on trade in shark respect to each of these measures. happen to go through U.S. ports in the fins and directing the Secretary to re- The PRESIDING OFFICER. Without Pacific; the total amount of finning by port the findings to Congress; and (3) objection, it is so ordered. foreign fishermen is undoubtedly much establishing a research program to help f higher. improve shark stock assessments, re- Although I support the legislation duce incidental catch, and better uti- AMENDMENT TO THE MAGNUSON- before us today, I am disappointed that lize sharks captured legally. STEVENS FISHERIES CONSERVA- we were not able to convince House Let me conclude by stating that I TION AND MANAGEMENT ACT Members and others that passage of S. rise in support of this legislation and Mr. HAGEL. Mr. President, I ask 2831, the Shark Conservation Act of urge its adoption, but I cannot help but unanimous consent that the Senate 2000, introduced by Senator KERRY, and think of what we may have been able now proceed to the consideration of supported by our subcommittee mem- to accomplish with passage of Mr. H.R. 5461, which is at the desk. bers, was the best course of action to KERRY’s bill, S. 2831. H.R. 5461 does The PRESIDING OFFICER. The take this year. S. 2831 attempted to ad- take an important first step to end the clerk will report the bill by title. dress threats to shark conservation in practice of finning, but it is only the The assistant legislative clerk read a holistic manner. It looked beyond do- first step—the real work is yet to as follows: mestic finning, and provided the ad- come.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.033 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — SENATE S11745 Mr. KERRY. Mr. President, I rise to ning; (2) established a procedure to cer- The legislative clerk read as follows: make a few remarks in support of H.R. tify whether governments have adopted A resolution (S. Res. 385) congratulating 5461, the Shark Finning Prohibition shark conservation measures; (3) the Reverend Clay Evans of Chicago, Illinois, Act, which will the Senate has passed banned the import of sharks or shark on the occasion of his retirement. today and which will be forwarded to parts from countries that do not meet There being no objection, the Senate President Clinton for his signature. these certification procedures; and (4) proceeded to consider the resolution. H.R. 5461 is identical to a provision I provided technical assistance to for- Mr. HAGEL. I ask unanimous con- authored, along with Senator SNOWE, eign nations in an attempt to promote sent that the resolution be agreed to, in Senate Amendment 4320. That provi- compliance. the preamble be agreed to, the motion sion was then introduced in the House Unfortunately, this comprehensive to reconsider be laid upon the table, by Representative CUNNINGHAM as a proposal was rejected by the House. We and any statements related to the bill stand alone bill and passed the House therefore sought the middle ground of be printed in the RECORD. on October 30, 2000. I want to thank the proposal in H.R. 5461. The legisla- The PRESIDING OFFICER. Without Senators HOLLINGS and SNOWE, who tion we will pass today (1) calls on the objection, it is so ordered. helped move this legislation through Administration to initiate or continue The resolution (S. Res. 385) was the Commerce Committee and the Sen- discussions with other countries to ban agreed to. ate. And, I thank Representative shark finning; (2) requires the collec- The preamble was agreed to. CUNNINGHAM for his work. tion of information on trade in shark The resolution, with its preamble, Shark finning is the practice of fins and directing the Secretary of reads as follows: catching a shark, removing its fins and Commerce to report the findings to S. RES. 385 returning the remainder of the shark Congress; and (3) establishes a research Whereas the Reverend Clay Evans was or- to the sea. It is highly wasteful prac- program to help improve shark stock dained as a Baptist minister 50 years ago, in tice since only a very small portion of assessments, reduce incidental catch, 1950, and founded and served as the Pastor of the shark is consumed and the rest is and better utilize shark captured le- the Fellowship Missionary Baptist Church in dumped back into the sea. The Na- gally. This is a start, but only a start. Chicago, Illinois, for 49 years; tional Marine Fisheries Service al- I hope that my colleagues and the ad- Whereas Reverend Evans has been happily ready prohibits shark finning in the vocacy groups that advocated for this married to Lutha Mae Hollinshed Evans for over 50 years, and with her is the proud par- Atlantic and Gulf of Mexico. This legis- proposal will continue to work for ad- lation would expand that ban into the ent of five children; ditional international conservation Whereas Reverend Evans has been respon- Pacific and create a consistent na- measures. sible for helping launch the ministerial ca- tional policy by amending the Magnu- Finally, my bill would authorize a reers of 93 individuals, including 6 female son-Stevens Fishery Conservation and Western Pacific longline fisheries coop- ministers; Management Act. erative research program to provide in- Whereas Reverend Evans received Hon- Sharks are among the most bio- formation for shark stock assessments, orary Doctorate of Divinity Degrees from logically vulnerable species in the identify fishing gear and practices that Arkansas Baptist College and Brewster ocean. Their slow growth, late matu- prevent or minimize incidental catch Theological Clinic and School of Religion; rity and small number of offspring Whereas Reverend Evans has been an ac- of sharks and ensure maximum survi- tive participant in the Civil Rights Move- leave them exceptionally vulnerable to vorship of released sharks, and provide ment since 1965; over fishing and slow to recover from data on the international shark fin Whereas Reverend Evans is the founding depletion. At the same time, sharks, as trade. National Board Chairman of Operation top predators, are essential to main- Mr. President, the United States is a P.U.S.H. and currently serves as its Chair- taining the balance of life in the sea. global leader in fisheries conservation man Emeritus; While many of our other highly migra- and management. I believe this legisla- Whereas Reverend Evans is Founding tory species such as tunas and sword- tion provides us the opportunity to fur- President of the Broadcast Ministers Alli- fish are subject to rigorous manage- ance of Chicago, Founding President of the ther this role, and take the first step in African American Religious Connection, ment regimes, sharks have largely been addressing an international fisheries Trustee Board Chairman of Chicago Baptist overlooked until recently. By ending management issue. In addition, I be- Institute, and Board member of the National the wasteful practice of finning, we lieve the U.S. should continue to lead Baptist Convention, U.S.A., Inc.; will, I hope, protect shark populations. efforts at the United Nations and inter- Whereas Reverend Evans is a featured solo- However, it is important that the national conventions to achieve coordi- ist on numerous albums of the 250 Voice passage of this legislation is only the nated international management of Choir of Fellowship Missionary Baptist beginning of national efforts to protect sharks, including an international ban Church and 1996 Stellar Award winner of the #1 Gospel Album ‘‘I’ve Got A Testimony’’; sharks and their marine ecosystems. on shark-finning. I look forward to There are other threats to sharks in Whereas Reverend Evans authored a 1992 working with Committee members on autobiographical book, ‘‘From Plough Han- addition to finning in domestic waters. this important legislation. dle to Pulpit,’’ which sold thousands of cop- These include directed fisheries, by- Mr. HAGEL. Mr. President, I ask ies and was rewritten in 1997; Now, therefore, catch and the use of non-selective gear. unanimous consent that the bill be be it And, importantly, we must recognize read the third time and passed, the mo- Resolved, That the Senate— that shark finning takes place in for- tion to reconsider be laid upon the (1) congratulates the Reverend Clay Evans eign and international waters, not just table, and that any statements relating on his retirement as Pastor of the Fellow- ship Missionary Baptist Church; the United States waters. The global to the bill be printed in the RECORD. shark fin trade involves at least 125 (2) acknowledges the affection that Rev- The PRESIDING OFFICER. Without erend Evans’ congregation shares for him; countries, and the demand for shark objection, it is so ordered. and fins and other shark products has driv- The bill (H.R. 5461) was read the third (3) extends its best wishes to Reverend en dramatic increases in shark fishing time and passed. Evans and his family on the occasion of his and shark mortality around the world. f retirement. We must tackle these issues, as well. f I want to note that in the Commerce CONGRATULATING REVEREND Committee we tried to address the CLAY EVANS NATIONAL PEARL HARBOR issue of international shark finning Mr. HAGEL. Mr. President, I ask REMEMBRANCE DAY more aggressively and, I believe, more unanimous consent that the Senate Mr. HAGEL. I ask unanimous con- appropriately. Senator HOLLINGS and I proceed to the immediate consider- sent that the Senate now proceed to introduced S. 2831, the Shark Conserva- ation of S. Res. 385 introduced earlier the immediate consideration of S. Res. tion Act of 2000. This proposal would today by Senators DURBIN and FITZ- 386, submitted earlier by Senator BOB have (1) mandated that the Secretary GERALD. SMITH. of Commerce report to Congress on The PRESIDING OFFICER. The The PRESIDING OFFICER. The progress being made domestically and clerk will report the resolution by clerk will report the resolution by internationally to reduce shark fin- title. title.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.111 pfrm02 PsN: S07PT1 S11746 CONGRESSIONAL RECORD — SENATE December 7, 2000 The legislative clerk read as follows: with section 129 of title 36, United States expected to consider a continuing reso- A resolution (S. Res. 386) expressing the Code. lution that would continue funding sense of the Senate regarding National Pearl f through Tuesday, December 12 early Harbor Remembrance Day. ORDERS FOR FRIDAY, DECEMBER tomorrow morning. It is the intention There being no objection, the Senate 8, 2000 of the Senate to pass the continuing proceeded to consider the resolution. resolution by voice vote as soon as it is Mr. HAGEL. I ask unanimous con- Mr. HAGEL. Mr. President, I ask received from the House. Therefore no sent that the resolution be agreed to, unanimous consent that when the Sen- votes are expected prior to Tuesday, the preamble be agreed to, the motion ate completes its business today, it re- December 12, at a time to be deter- to reconsider be laid upon the table, cess until the hour of 10 a.m. on Fri- mined. and any statements related to the reso- day, December 8. I further ask consent f lution be printed in the RECORD. that on Friday, immediately following the prayer, the Journal of proceedings The PRESIDING OFFICER. Without EXECUTIVE SESSION objection, it is so ordered. be approved to date, the time for the The resolution (S. Res. 386) was two leaders be reserved for their use Mr. HAGEL. Mr. President, in execu- agreed to. later in the day, and the Senate then tive session I ask unanimous consent The preamble was agreed to. begin a period of morning business the Foreign Relations Committee be The resolution, with its preamble, until 10:30 a.m., with Senators per- discharged from further consideration reads as follows: mitted to speak for up to 10 minutes of the nomination of Richard N. Gard- S. RES. 386 each with the time equally divided in ner, the Senate immediately proceed to Whereas on December 7, 1941, the Imperial the usual form. his consideration, the nomination be Japanese Navy and Air Force attacked units Mr. REID. Mr. President, reserving confirmed, the motion to reconsider be of the Armed Forces of the United States the right to object, I say to my friend laid upon the table, the President be stationed at Pearl Harbor, Hawaii; from Nebraska, the acting leader, it is immediately notified of the Senate’s Whereas 2,403 members of the Armed my understanding we are going to try action, and the Senate then return to Forces of the United States were killed in to extend the CR until Monday. I hope legislative session. the attack on Pearl Harbor; in the spirit that was felt around here The PRESIDING OFFICER. Without Whereas there are currently more than today, that we were going to try to objection, it is so ordered. 12,000 members of the Pearl Harbor Survivors Association; complete this session’s work sometime The nomination considered and con- Whereas the 60th anniversary of the attack next week, we can continue that. firmed is as follows: on Pearl Harbor will be on December 7, 2001; I do say, just as a warning to every- DEPARTMENT OF STATE Whereas on August 23, 1994, Public Law one, we have been to this point on a Richard N. Gardner, of New York, to be an 103–308 was enacted, designating December 7 number of occasions before with this Alternate Representative of the United of each year as National Pearl Harbor Re- session of Congress. It seems we can States of America to the Fifty-fifth Session membrance Day; never quite get over the goal line. of the General Assembly of the United Na- Whereas Public Law 103-308, reenacted as tions. section 129 of title 36, United States Code, re- I hope all Members, Democrats and quests the President to issue a proclamation Republicans, will do their utmost to f each year calling on the people of the United try to work this out. We have four ap- States to observe National Pearl Harbor Re- propriations bills that are badly need- LEGISLATIVE SESSION membrance Day with appropriate cere- ed. In my opinion—and I think every- The PRESIDING OFFICER. Under monies and activities, and for all depart- one in the minority agrees—it would be ments, agencies, and instrumentalities of the the previous order, the Senate will re- a shame if we were unable to complete sume legislative session. Federal Government, and interested organi- those bills and have to go forward with zations, groups, and individuals, to fly the f flag of the United States at half-staff each a continuing resolution, in effect dumping all that in the lap of the new December 7 in honor of the individuals who RECESS UNTIL 10 A.M. TOMORROW died as a result of their service at Pearl Har- President and new Congress. bor; Of course, I am not going to object to Mr. HAGEL. Mr. President, if there is Whereas many citizens remain unaware of my friend’s unanimous consent re- no further business to come before the National Pearl Harbor Remembrance Day; quest, but I do say we should really try Senate, I now ask unanimous consent and to put our shoulders to the wheel and that the Senate stand in recess under Whereas many Federal offices do not lower push this session over the goal line. the previous order. their flags to half-staff each December 7: Now, therefore, be it Mr. HAGEL. I thank the Senator. I There being no objection, the Senate, Resolved, That the Senate— know that is the intent of the leader- at 5:24 p.m., recessed until Friday, De- (1) pays tribute to the citizens of the ship. cember 8, 2000, at 10 a.m. United States who died in the attack on The PRESIDING OFFICER. Is there f Pearl Harbor, Hawaii, on December 7, 1941, objection? Without objection, it is so and to the members of the Pearl Harbor Sur- ordered. CONFIRMATION vivors Association; and f (2) urges the President to take more active Executive nomination confirmed by steps— PROGRAM the Senate December 7, 2000: (A) to inform the American public of the DEPARTMENT OF STATE existence of National Pearl Harbor Remem- Mr. HAGEL. Mr. President, for the brance Day; and information of all Senators, the Senate RICHARD N. GARDNER, OF NEW YORK, TO BE AN ALTER- will be in a period of morning business NATE REPRESENTATIVE OF THE UNITED STATES OF (B) to ensure that the flag of the United AMERICA TO THE FIFTY-FIFTH SESSION OF THE GEN- States is flown at half-staff in accordance until 10:30 a.m. tomorrow. The House is ERAL ASSEMBLY OF THE UNITED NATIONS.

VerDate 06-DEC-2000 03:36 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 9801 E:\CR\FM\G07DE6.114 pfrm02 PsN: S07PT1 December 7, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2139 EXTENSIONS OF REMARKS

IN RECOGNITION OF JAY B. And most of us intuitively know that under- ysis for many reasons, and the first federal BLOOM, EXECUTIVE DIRECTOR staffing is a causal or contributing factor in the study of its kind. Its central findings is that OF BRAND NEW DAY hundreds of sad tales of neglect and abuse most facilities are failing to staff at levels that that are identified and publicized each year. guarantee good care. HON. ROBERT MENENDEZ The impetus for this legislation is both a re- In brief, HHS identified two levels of staff- OF NEW JERSEY cent HHS report on nursing facility staffing ra- ingÐa ``preferred minimum'' staffing levels of IN THE HOUSE OF REPRESENTATIVES tios and a local study conducted in my district 3.45 hours of nursing care for each resident that highlights the correlation between quality Thursday, December 7, 2000 each day, with 2 hours of this care providing of care and staffing levels. by nursing assistants, 1 hour by a registered Mr. MENENDEZ. Mr. Speaker, today I The ``Nursing Facility Staffing Improvement or licensed nurse, and 0.45 hours only by reg- honor Jay B. Bloom, Executive Director of Act of 2000'' proposed a remedy for chronic istered nurses. Quality of care in facilities that Brand New Day, Inc., for his outstanding con- understaffing in nursing homes: It directs state staffed above this level, the study concluded, tributions to community development and low- surveyors to conduct special staffing assess- was ``improved across the board.'' income housing. In appreciation of his service ments in instances where they identify quality HHS also identified a lower ``minimum'' level to the community, Brand New Day is honoring of care deficiencies that either cause actual of 2.95 hours of nursing care per resident day, Mr. Bloom at its 15th Anniversary Celebration, harm, or that pose a risk of immediate jeop- with 2 hours of care provided by nursing as- entitled ``Renewal of Our Commitment to ardy to resident health or safety. sistants, 0.75 by registered or licensed nurses, Elizabethport.'' If there is a finding that inadequate staffing and 0.20 hours only by registered nurses. Re- A graduate of Columbia Law School, Jay B. has contributed to an actual harm or imme- Bloom has lived in and around New Jersey all grettably, more than 90% of facilities in the diate jeopardy deficiency, the bill requires U.S. fall short of this standard today. his life. After law school, Mr. Bloom estab- those facilities to submit corrective action The agency's phase one study also shows lished a law practice specializing in real estate plans within 30 days stipulating the number that many states are acutely aware of staffing and municipal law. Four successful decades and type of additional nursing staff necessary shortages in nursing facilities. Many have al- later, he retired. to assure resident well-being. Facilities would ready moved to impose more stringent staffing With the knowledge and experience he then face tough scrutiny from state inspectors, requirements under their licensure authority, gained through the years, and with the desire who would check and enforce continued com- and some are taking up State legislation to set to help those in need, Mr. Bloom joined Brand pliance during two interim staffing-only surveys quantitative minimum staffing standards. Cali- New Day (BND), a charitable non-profit com- that would occur before the next routine an- fornia, for example, has a new law requiring munity development organization that provides nual inspection. In the event that a facility was all nursing facilities to provide at least 3.2 affordable housing for community members in again found to have inadequate staffing during hours of resident care per day. the Elizabethport area. BND acquires and re- an interim survey, an additional two years of habilitates existing structures and purchases interim staffing surveys from that date forward At the federal level, we are about a year land for the construction of new affordable would be triggered. away from having national recommendations housing developments. BND also sponsors As a separate disclosure requirement, the on a minimum ratio requirements from phase and coordinates community outreach pro- HHS Secretary would make facility-specific two of HHS staffing analysis, which will help to grams. staffing data available on the ``Nursing Home shape future discussions and debate about As the Executive Director of BND, Mr. Compare'' website. The data, which would in- how to go about establishing federal staffing Bloom developed and implemented a com- clude total hours of care provided per shift by standards. prehensive neighborhood revitalization pro- both licensed and unlicensed nursing staff The staffing shortages documented in HHS' gram. Under his leadership, BND has revital- could be reviewed by family members before national study are also reflected in many ized and constructed numerous rental units placing their loved ones in a facility and aid homes in my district. At my request, the and homes for low-income community mem- them in making informed choices. Democratic staff of the House Government bers. The legislation does not propose any new Reform Committee prepared an analysis of Today, I ask that my colleagues join me in fines or penalties for inadequate staffing. staffing levels in homes in my district. Titled recognizing Jay B. Bloom and Brand New Day Rather, it holds nursing homes responsible for ``Nursing Home Staffing Levels in the 13th for their unparalleled contributions to commu- providing consistently adequate levels of nurse Congressional District,'' the report shows that nity development and for their generous and staffing, which all experts tell us is the founda- 86%, or 25 facilities, did not meet HHS' pre- compassionate service to the residents of tion of good medical and supportive care for ferred minimum staffing level of 3.45 hours of Elizabethport, New Jersey. As a community medically complex, fragile people. It accom- nursing care per resident day, while 55% did leader, Mr. Bloom is an inspiration to all of us. plishes this through a system of stepped-up not meet the lower minimum level of 2.95 f scrutiny and public accountability. hours of nursing care. INTRODUCTION OF THE NURSING The remedy we are proposing today will im- Equally important, this congressional study FACILITY STAFFING IMPROVE- prove enforcement of those staffing standards looks at the annual surveys of these homes MENT ACT OF 2000 that currently apply, as well as standards that during their most recent annual inspections. are developed in the future. Among those facilities that did not staff at pre- HON. FORTNEY PETE STARK This legislation will strengthen our federal ferred minimum levels, 68% were cited for a oversight system. Under current law, many in- violation causing actual harm to residents. In OF CALIFORNIA spectors find it relatively difficult to document contract, homes that did not staff at preferred IN THE HOUSE OF REPRESENTATIVES and defend appeals of citations of facility minimum levels had no violations causing ac- Thursday, December 7, 2000 understaffing. This bill would change that by tual harm. Clearly, staffing levels matter. Mr. STARK. Mr. Speaker, I am pleased directing surveyors to analyze the role that The findings of this congressional study and today to introduce legislation with Representa- staffing plays whenever there are serious others like it, plus the implied cost of bringing tive HENRY WAXMAN that focuses clear atten- quality deficiencies. And if will serve as a nearly 16,480 nursing facilities throughout the tion on the critical role that staffing plays in wake-up call for those facilities they try to con- country up to appropriate levels, are already delivering quality care to the 1.6 million peo- trol expenses by cutting back on the number the subject of considerable debate and discus- pleÐour parents, grandparents, siblings and and wages of nursing staff. sion. In the next Congress, policymakers and spousesÐwhose fragile health requires them Last July, phase one of an important HHS stakeholders will begin to seriously grapple to live in nursing homes. staffing study, titled ``Appropriateness of Min- with the mechanics of translating HHS' future Policymakers and the public have heard sto- imum Nurse Staffing Ratios in Nursing staffing recommendations into quantitative fed- ries for years about the high cost of poor care. Homes'' was released. It is an important anal- eral standards.

∑ 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. E2140 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 In the interim, it is simply wrong to stand by On August 17, 1942 (August 16 local time) Mr. Speaker, with Dick's passing, western and allow the current national epidemic of in- fierce fighting ensued and Corporal Yarbrough Colorado has lost a great man and friend. adequate staffing to continue without interven- on his twenty-first birthday was fatally struck However, Mr. Speaker, I am confident that, in tion. The status quo means that nursing home down by enemy fire. On August 18, as sur- spite of this profound loss, the family and residents will keep suffering adverse con- vivors of ``Carlson's Raiders'' withdrew from friends of Dick Jolley can take solace in the sequences in the form of poor care, orÐin the the island to rendezvous with the waiting sub- knowledge that each is a better person for most severe casesÐneglect so profound that marines, arrangements were made with a having known him. I know that I am. untimely death is the result. local village chief to bury the bodies of the fall- It is with this that I pay tribute to the life of For all of the reasons, I urge my colleagues en men. a man who exemplified the extraordinary char- to join me in support of the ``Nursing Facility Now, fifty-eight long years after Corporal acteristics of strength, dignity and sincerity. Staffing Improvement Act.'' It is a bill that I Yarbrough's heroic action, his remains have We will all miss him greatly. hope will find its way into next year's discus- been recovered. The Yarbrough family, to- sions on nursing home quality and account- gether with the citizens of Sikeston, Missouri f ability, and I invite any and all interested par- will bid him farewell with a service and burial ties to comment. on December 15, 2000. At 2:19 p.m. on that IN RECOGNITION OF HENRY f date, a moment of silence will be observed to SANCHEZ honor all nineteen Marine Raiders whose re- HONORING CORPORAL MASON O. mains were recovered from the Makin mission. YARBROUGH This honor will also be extended to the nine HON. ROBERT MENENDEZ Marine Raiders of the Makin raid whose re- OF NEW JERSEY HON. JO ANN EMERSON mains are yet to be repatriated, as well as all IN THE HOUSE OF REPRESENTATIVES OF MISSOURI the MIAs and KIAs from our great nation's IN THE HOUSE OF REPRESENTATIVES wars. Thursday, December 7, 2000 Thursday, December 7, 2000 f Mr. MENENDEZ. Mr. Speaker, today I rec- Mrs. EMERSON. Mr. Speaker, it is with HONORING RICHARD C. JOLLEY ognize Henry Sanchez for his years of dedi- great honor and humility that I submit this trib- cated service to the community of Bayonne, ute into the CONGRESSIONAL RECORD about a HON. SCOTT McINNIS New Jersey. Today, Mr. Sanchez will be pre- true patriot and heroÐCorporal Mason O. sented with the Lifetime Achievement Award OF COLORADO at the Bayonne Historical Society's annual Yarbrough, United States Marine Corps, of IN THE HOUSE OF REPRESENTATIVES Sikeston, Missouri. Corporal Yarbrough was Holiday Dinner Dance. part of an elite unit, the 2nd Marine Raider Thursday, December 7, 2000 Henry Sanchez was born in San Juan, Battalion. This unit, under the command of Mr. MCINNIS. Mr. Speaker, it is with great Puerto Rico and moved to New York as a Lieutenant Colonel Evans. F. Carlson during sadness that I wish to take this moment to child. In 1944, he joined the United States World War II was known as ``Carlson's Raid- recognize the remarkable life and significant Navy and served in World War II. For his cou- ers.'' As part of the baby boom generation, I achievements of a life-long New Castle resi- rageous service to our nation and the world, owe a great deal of debt and gratitude to this dent and sheep rancher, Richard C. Jolley. he was awarded medals from the govern- brave warrior because it was his service and Sadly, Dick lost his battle with cancer on No- ments of the United States, France, and Tai- sacrifice that allowed all of us to grow up in a vember 19, 2000. While his family, friends and wan. free society. community remember the truly exceptional life In 1950, Mr. Sanchez began work for the The year 1942 found our nation in grave of Dick, I, too, would like to pay tribute to this Bayonne Naval Supply Depot, later named the danger, threatened by both Germany and remarkable man and close personal friend. Military Ocean Terminal (MOT). Between 1950 Japan. Colonel Carlson and his Raiders un- Dick was a beloved native of New Castle, and 1997, he served in leadership positions at dertook the second offensive operation of the where his contributions to the community were MOT, and with the United States Air Force. war against Japan in August of 1942. After ex- many. A dedicated leader of his community, These positions included Supervisory Trans- tensive training in weapons, hand-to-hand he was elected as a Garfield County Commis- portation Assistant, Deputy Commander of the combat and the use of rubber boats, C and D sioner in 1976, serving during the oil shale USAF's Water Port Logistics Office, and Dep- companies of the Marine Raiders were sent to boom in Western Colorado. His pragmatism uty Director of the Personal Property Direc- Midway Island. At Midway, they helped the assisted him in finding tough but fair solutions torate at the Eastern Area Military Traffic Man- Navy turn back a massive Japanese attack during negotiations with the oil companies, all agement Command. from June 3 through 6, 1942 in what would the while working to see local interests were In recognition of his hard work, dedication, become the turning point of the Pacific War. protected. He also tackled problems in the dis- and leadership, Mr. Sanchez has received A and B companies of Carlson's Raiders, in- trict attorney's office and worked through a many awards, including the U.S. Air Force cluding Yarbrough of B company were ear- proposal to build a local ski area. His term in Meritorious Civilian Medal and the Army Civil- marked by Adm. Chester Nimitz for an attack elected office was marked by his honest, trust- ian Award for Humanitarian Service. August 17, 1942 on Makin in the Gilbert Is- worthy nature and his ability to boil things Mr. Sanchez has also selflessly given his lands about 1,000 miles northeast of Guadal- down to the bottom line. canal. Their mission was to destroy the is- His life was one of distinction both profes- time to many other important causes and or- land's small Japanese seaplane base and its sionally and in the realm of public service. ganizations. He has served as member, chair- garrison, gain intelligence on the area and After serving as a county commissioner, Dick man (1989), and Grand Marshal (2000) of the perhaps more importantly divert Japanese at- was a leading force in founding the Regional Bayonne Memorial Day Committee; Chair of tention and troops from Guadalcanal and Bank of Rifle, which was recently acquired by the F.A. Mackenzie Post #165 of the American Tulagi in the Solomon Islands. There, U.S. Wells Fargo. Dick had a keen business sense Legion blood bank; Post Commander of the troops had landed 10 days earlier to begin the that was on full display during his time at the Disabled American Veterans; member of major offensive of the Pacific War. The Japa- Regional Bank of Rifle. Catholic War Veterans #1612; member of the nese were pouring reinforcements into Gua- Known for his sharp wit, a hallmark of Dick's board of directors of the United Way of Hud- dalcanal and Nimitz was looking to a diver- personality was his ability to transfix an audi- son County; Red Cross volunteer; local base- sionary hit-and-run raid on Makin to ease the ence with his stories. Sporting a grin from ear ball and softball umpire; and recently, Com- pressure. to ear, he narrated knee-slapping tales that missioner of the Bayonne local Redevelop- The force of 220 Raiders arrived off Makin are nothing short of legendary. ment Authority, which is responsible for rede- in the predawn hours of August 17. They had Although his professional accomplishments velopment of the Military Ocean Terminal. He been ferried from Pearl Harbor aboard the will long be remembered and admired, most is also a parishioner of Our Lady of Mt. Car- submarines Nautilus and Argonaut, which had who knew him well will remember Dick Jolley, mel Church. stripped and reconfigured their torpedo com- above all else, as a loving husband for 48 Mr. Sanchez has four children, ten grand- partments to make room for the marines. Un- years, a devoted father of two sons and a children, and seven great-grandchildren. like other units, this group did not have the proud grandfather of four grandchildren. At the Today, I ask my colleagues to join me in luxury of naval gunfire support of Naval and end of his life, his grandchildren brought him recognizing Henry Sanchez for his years of Army Air Corps cover. endless joy. exceptional service to country and community. CONGRESSIONAL RECORD — Extensions of Remarks E2141 TRIBUTE TO CHARLES REID ROSS should lead. it's his personality and insight that been selected Man of the Year by numerous influenced educators throughout the state. It's industry associations. But these achievements HON. BOB ETHERIDGE the people he hired and the people he in- are dwarfed by what Murray has done for the OF NORTH CAROLINA spired who, long after he retired, continued to people of Greater New Haven, of Connecticut, IN THE HOUSE OF REPRESENTATIVES make lasting contributions to the betterment of and of this country through his myriad of phil- public education.'' anthropic and humanitarian works. Thursday, December 7, 2000 Ross was responsible for building 12 Murray's efforts in New Haven have truly Mr. ETHERIDGE. Mr. Speaker, one of the schools during his years in Fayetteville. One been exceptional. He and his family have Titans of North Carolina's public education high school named in his honor and exists given generously of their time and resources system, Charles Reid Ross, a pipe-smoking today as Reid Ross Classical School. to Quinnipiac University. Murray was given the gentle man who left an indelible impression on During the period involved, Ross was also a Distinguished Alumnus Award in 1991. His the communities and state he served, died power behind the scenes in the North Carolina family's efforts have provided students with a November 12, 2000, on his birthday. He was Education Association, at that time the organi- top-notch business program that allows stu- 93. zation representing most of the white edu- dents to benefit from the practical knowledge, If anyone deserves to be characterized as a cators in the state. Ross' gentle advice and business acumen, and impressive record of Renaissance man, Reid Ross earned that title. courage was deeply involved in the merger of success that Murray and his family have He was a teacher, school superintendent, civil NCEA and the North Carolina Teachers Asso- achieved. In 1997, Murray was awarded an rights hero, political leader, builder of schools ciation in 1970 into the present North Carolina honorary Doctorate of Humane Letters from and colleges, champion of putting art and Association of Educators. Quietly, firmly, with- his alma mater, Quinnipiac College. He cur- music in schools, husband, father, friend to out fanfare, he insisted that his colleagues do rently serves on the Board of Trustees of thousands. All were roles Reid Ross played to the right thing. Quinnipiac, where his contributions to that in- the hilt. Ross' other contributions are numerous. He stitution continue. In addition, he serves as co- ``He was very ready,'' his daughter, Sue established sheltered works for the handi- chair of the Yale University School of Medicine Fields Ross, said of her father's death. ``He capped. He insisted that art and music had a Cardiovascular Research Fund. wanted to have a big celebration. He felt very place in the public school curriculum and Murray has also had a tremendous impact much that he has run the race.'' eventually won that battle. He helped found on our community through his work with a va- ``He loved a good funeral,'' Margaret Ross, the Fayetteville Industrial Education Center riety of service organizations including the a niece, said of her uncle. ``He probably went that became Fayetteville Technical College. New Haven Jewish Community Center, the to more funerals than anybody in North Caro- He started the first girls' basketball at Fay- American Heart Association, the Leukemia So- lina. He did it out of honor.'' etteville High School. He served two terms as ciety of America and the Juvenile Diabetes Arthur Ross III, a great-nephew who helped president of the High School Athletics Asso- Foundation. While he built an incredibly suc- preach at the funeral, said that if his uncle ciation, helping to put in place many of the cessful business, Murray contributed not just could have attended the funeral, he would policies that still prevail for high school sports. money but, more notably, his time, to these probably have done ``a little politicking on the Ross was a deacon and elder in Lillington worthy efforts. lawn,'' all on behalf of the Democratic party, Presbyterian Church. He was a charter mem- Murray has also been an active member of and would have loved the music provided by ber of the Lillington Rotary Club. And until his our nation's Jewish community, participating in a string quartet from the school named in his death, he was active in the Democratic Party numerous events, contributing time and finan- honor. and cared deeply about how the University of cial resources, and forwarding the cause of Ross began his teaching career on Hatteras North of Carolina basketball team was doing. peace in the Middle East. The Anti-Defamation Island when the only way of communicating Our state has lost one of its great edu- League has bestowed upon him its highest with the island was by the mail boat. He went cational leaders. A man in the same mold as honor, the Torch of Liberty Award, in recogni- from there to spend 40 years in the schools of the late Terry Sanford. A man who did his tion of a profound record of public service. Lenoir County, Harnett County, and Fayette- duty as he saw it for the good of the fellow In every way, Murray has been an out- ville. He was superintendent of schools in men and women he loved. standing citizen and community member. He Harnett County for 10 years before becoming As Ross' funeral, the Call to Worship was serves as a role model to us all. He has had superintendent in Fayetteville in 1951, a post as he directed: a profound effect on our community and our he would hold until his retirement in 1971. ``The strife is over, the battle done. The vic- nation. I am honored to stand today and join The times and man coincided when the civil tory of life is won. The song of triumph has his brother, Marvin; his children, Harris, Carl rights revolution hit North Carolina. As The begun. Alleluia.'' and Jay; along with other family members and Fayetteville Observer said in an editorial at f friends; in wishing him many more years of Ross' death, Ross ``was an educational vision- health and happiness. HAPPY BIRTHDAY ary. He instinctively knew when the public HONORING MURRAY LENDER ON MURRAY! education system needed to go to be viable in HIS 70TH BIRTHDAY f the future. More important, he knew how to get it there, and had the personality to do it. HON. ROSA L. DeLAURO TRIBUTE IN MEMORY OF FORMER That gift became crucial during the years of OF CONNECTICUT CONGRESSMAN HENRY B. GON- ZALEZ school integration. While many school systems IN THE HOUSE OF REPRESENTATIVES in the South fumbled and stagnated, schools Thursday, December 7, 2000 SPEECH OF in Fayetteville kept moving forward. He pushed for buildings and for increased fund- Ms. DELAURO. Mr. Speaker, it is with great HON. MARCY KAPTUR ing. Politically courageous at a time when pleasure that I rise today to pay tribute to a OF OHIO schools had been separate and unequal, he community leader, a philanthropist, a humani- IN THE HOUSE OF REPRESENTATIVES insisted that spending had to be fair and equi- tarian, and a great friend, Murray Lender, on Tuesday, December 5, 2000 table.'' the occasion of his 70th birthday. One observer of the period said: ``Don't ever Murray's father, Harry Lender, introduced Ms. KAPTUR. Mr. Speaker, it is with great negotiate with a man who smokes a pipe. Be- bagels to the people of this country. Murray sadness that I rise to pay tribute to the re- tween the packing and re-packing and the continued that tradition as chairman of Lend- markable life and career of our trusted former lighting and re-lighting, he's eventually going er's Bagel Bakery, the world's largest bagel colleague, the Honorable Henry Gonzalez of to get his way.'' bakery. He revolutionized the bagel industry Texas. Dogged, brilliant, committed, indefati- The Fayetteville newspaper went on to give when he began the process of freezing bagels gable, a champion for the destituteÐsuch was Ross credit for shaping the response of other in the late 1950s, bringing to life his father's our Chairman of the Banking Committee. Dur- school superintendents across the state and dream of ``a bagel on every table.'' His astute ing my early years in the Congress, as a the South. business sense was recognized by the Na- member of that committee, I had the great ``In fact, to look back a the best educational tional Frozen Food Association, which in- pleasure of serving with this able gentleman. decisions made in the history of this commu- ducted him into the Frozen Food Hall of He served in the tradition of Franklin Roo- nity's schools is to look closely at Ross' ca- Fame, only the sixth person to be so honored. sevelt, a man who believed in opportunity for reer. If's his managed style that helped shape He also received the International Deli-Bakery all Americans and dedicated his life to that the standard of how school superintendents Association's Hall of Fame Award and has cause. E2142 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 On the Banking Committee, his work in im- tered shouts of joy, the survivors of the NEW JERSEY URBANIZED PEAK proving housing for people from all walks of abyss sat hollow-eyed, trying to comprehend FLOW MANAGEMENT RESEARCH life and incomes is legendary. In him ticked a a world without war.’’ strong democratic heart. Every corner of Yes. Individual acts by ordinary men and women in an extraordinary time—one ex- HON. ROBERT MENENDEZ America is better because of his service. He hausting skirmish, one determined attack, OF NEW JERSEY stood up for human rights here at home and one valiant act of heroism, one digged deter- IN THE HOUSE OF REPRESENTATIVES abroad, no matter what the cost. He was un- mination to give your all, one heroic act Thursday, December 7, 2000 flinching when he knew his cause was just. after another—by the thousands—by the mil- Recently, as we broke ground for the dedi- lions—bound our country together as it has Mr. MENENDEZ. Mr. Speaker, today, I cation of the new World War II Memorial in not been since, bound the living to the dead speak regarding a matter of great importance our Nation's capital, I especially named Henry in common purpose and in service to free- to my district and the entire State of New Jer- Gonzalez as a key figure in congressional ef- dom, and to life. sey. New Jersey is confronted with an array of forts to pass legislation to bring that element As a Marine wrote about his company, ‘‘ I complex challenges related to the environment cannot say too much for the men . . . I have and economic development. However, one to full life as a part of our Nation's history. He seen a spirit of brotherhood . . . that goes was a gentleman with many facets, and many with one foot here amid the friends we see, issue in particular, the overdevelopment of concerns. He was a son of the World War II and the other foot there amid the friends we land, had become especially concerning be- generation that preserved liberty for modern see no longer, and one foot is as steady as cause of the impact it is having on our water- times, and his selfless dedication grew from the other.’’ sheds and floodplains, as well as its resulting that experience and his own humble begin- Today we break ground. It is only fitting impact on economic activity. nings. I include here those remarks for the that the event that reshaped the modern As many of my colleagues already know, world in the 20th century and marked our RECORD. this past August vast parts of northern New nation’s emergence from isolationism to the Jersey were devastated by flooding caused by In extending deepest sympathy to his family, leader of the free world be commemorated on including his son CHARLES who has suc- this site. severe rainfall. The resulting natural disaster ceeded him in this Congress, I am mindful that Our work will not be complete until the threatened countless homes, bridges and those of us who have been influenced by his light from the central sculpture of the Me- roads, not to mention the health, safety and great mind and soul have been lifted to serv- morial intersects the shadow cast by the welfare of area residents. This flooding re- ice above self. May he rest in peace and the Washington Monument across the Lincoln sulted in millions of dollars of damage, and good works that he fashioned inspire others Memorial Reflecting Pool and the struggles area residents are still fighting to restore some for generations to come. Truly he was a man for freedom of the 18th, 19th, and 20th cen- degree of normalcy to their lives. turies converge in one moment. both ahead of his time, and a pioneer to the While the threat of future floods continues to Here freedom will shine. She will shine. plague the region, one new Jersey institution future. This Memorial honors those still living is taking concrete steps to prevent another ca- REMARKS BY THE HONORABLE MARCY KAPTUR who served abroad and on the home front and AT WORLD WAR II MEMORIAL also those lost—the nearly 300,000 Americans tastrophe. The New Jersey Institute of Tech- GROUNDBREAKING CEREMONY, NOVEMBER 11, who died in combat, and those millions who nology (NJIT) has been studying the chal- 2000 survived the war but who have since passed lenges posed by flooding and stormwater Reverend Clergy, Mr. President, Honored away. Among that number I count my in- flows for some time, and is interested in form- Guests All. We, the children of freedom, on spired constituent Roger Durbin of Berkey, ing a multi-agency federal partnership to con- this first Veterans’ Day of the new century, Ohio, a letter carrier who fought bravely tinue this important research. gather to offer highest tribute, long overdue, with the Army’s 101st Armored Division in NJIT is one of our state's premier research and our everlasting respect, gratitude, and the Battle of the Bulge and who, because he institutions and is uniquely equipped to carry love to Americans of the 20th century whose could not forget, asked me in 1987 why there was no memorial in our nation’s Capitol to out this critical stormwater research. The uni- valor and sacrifice yielded the modern tri- versity has a long and distinguished tradition umph of liberty over tyranny. This is a me- which he could bring his grandchildren. morial not to a man but to a time and a peo- Roger is with us spiritually today. To help us of responding to difficult public policy chal- ple. remember him and his contribution to Amer- lenges such as environmental emissions This is a long-anticipated day. It was 1987 ica, we have with us a delegation from his standards, aircraft noise, traffic congestion, when this Memorial was first conceived. As American Legion Post, the Joseph Diehn and alternative energy. More broadly, NJIT many have said, it has taken longer to build Post in Sylvania, Ohio, and his beloved fam- has demonstrated an institutional ability to di- the Memorial than to fight the war. Today, ily, his widow Marian his granddaughter, rect its intellectual resources to the examina- Melissa, an art historian and member of the with the support of Americans from all tion of problems beyond academia, and its walks of life, our veterans service organiza- World War II Memorial Advisory Board. tions and overwhelming, bipartisan support This is a memorial to heroic sacrifice. It is commitment to research allows it to serve as in Congress, the Memorial is a reality. I do also a memorial for the living—positioned a resource for unbiased technological informa- not have the time to mention all the Mem- between the Washington Monument and Lin- tion and analysis. bers of Congress who deserve thanks for coln Memorial—to remember how freedom in An excellent opportunity for NJIT to partner their contributions to this cause, but certain the 20th century was preserved for ensuing with the federal government and solve the dif- Members in particular must be recognized. generations. ficult problem of flood control has presented Rep. Sonny Montgomery, now retired, a true Poet Keith Douglas died in foreign combat itself in the 2000 Water Resources Develop- champion of veterans in the House, and Sen- in 1944 at age 24. In predicting his own end, ment Act (WRDA). The final version of this im- he wrote about what he called time’s wrong- ator Strom Thurmond, our unfailing advo- portant legislation includes a provision direct- cate in the Senate, as well as Rep. Bill Clay, way telescope, and how he thought it might of Missouri and two retired Members, Rep. simplify him as people looked back at him ing the U.S. Army Corps of Engineers to de- Henry Gonzalez and Senator John Glenn. At over the distance of years. ‘‘Through that velop and implement a stormwater flood con- the end of World War I, the French poet lens,’’ he demanded, ‘‘see if I seem/substance trol project in new Jersey and report back to Guillaume Apollinaire declaring himself or nothing: of the world/deserving mention, Congress within three years on its progress. ‘‘against forgetting’’ wrote of his fallen com- or charitable oblivion . . .’’ And then he While the Corps of Engineers is familiar with rades: ‘‘You asked neither for glory nor for ended with the request, ‘‘Remember me when this problem at the national level, it does not tears.’’ I am dead/and simplify me when I’m dead.’’ have the firsthand knowledge and experience Five years ago, at the close of the 50th an- What a strange and striking charge that is! niversary ceremonies for World War II, And yet here today we pledge that as the in New Jersey that NJIT has accrued in its Americans consecrated this ground with soil World War II Memorial is built, through the 119 years of service to the people of my dis- from the resting places around the world of simplifying elements of stone, water, and trict and state. Including NJIT's expertise and those who served and died on all fronts. We, light. There will be no charitable oblivion. experience in this research effort is a logical too, declared ourselves against forgetting. America will not forget. The world will not step and would greatly benefit the Army We pledged then that America would honor forget. When we as a people can no longer re- Corps, as well as significantly improve the and remember their selfless devotion on this member the complicated individuals who project's chances of success. Mall that commemorates democracy’s walked in freedom’s march—a husband, a sis- Therefore, I urge the New York District of march. ter, a friend, a brother, and uncle, a father— Apollinaire’s words resonated again as E.B. when those individuals become simplified in the Corps of Engineers to work closely with Sledge reflected on the moment the Second histories and in family stories, still when fu- my office and NJIT to ensure the university's World War ended: ‘‘. . . sitting in a stunned ture generations journey to this holy place, full participation in this study. By working to- silence, we remembered our dead . . . so America will not forget. Freedom’s children gether, we can create a nexus between the many dead . . . Except for a few widely scat- will not forget. considerable flood control expertise of the CONGRESSIONAL RECORD — Extensions of Remarks E2143 Army Corps and NJIT, and finally solve this DEATH OF MRS. FLOSSIE PARKER RECOGNIZING SECOND difficult problem for the people of New Jersey. BARBER LIEUTENANT KEVIN R. WHITE I hope my colleagues will support my efforts in this regard. HON. BOB ETHERIDGE HON. JO ANN EMERSON OF NORTH CAROLINA OF MISSOURI f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, December 7, 2000 Thursday, December 7, 2000 HONORING THE SAINT ANDREW’S SOCIETY ON THEIR 100TH ANNI- Mr. ETHERIDGE. Mr. Speaker, Mrs. Flossie Mrs. EMERSON. Mr. Speaker, I rise today VERSARY Parker Barber died November 15, 2000, after to offer my congratulations to Second Lieuten- a life that spanned 91 years. She was my fifth ant Kevin R. White on the occasion of his grade teacher. She was also the major influ- graduation from Officers Training School. This HON. ROSA L. DeLAURO ence that took a poor farm boy from Johnston is a considerable achievement, which I am County, described to him the wonderful world proud to command to the attention of Con- OF CONNECTICUT he would be entering, and then motivated him gress. to set goals that were beyond his wildest IN THE HOUSE OF REPRESENTATIVES Lieutenant White is no stranger to hard work dreams. and high achievements. Before graduating Thursday, December 7, 2000 She did not know the meaning of the word, from Officers Training School, as an enlisted ``can't,'' and she instilled that philosophy in her man he worked toward no less than four dif- Ms. DELAURO. Mr. Speaker, it is an honor students. ferent degrees. First he attended and grad- for me to rise today to pay tribute to the Saint Every individual should have the opportunity uated from Georgia Military College in 1989. Andrew's Society, an extraordinary institution to sit before a teacher of the dedication Mrs. He then went on to attend the Community Col- in my hometown of New Haven, Connecticut Barber displayed. In her 34 years of teaching lege of the Air Force, where he received a de- as they celebrate their 100th Anniversary. at the old Cleveland Union School, she was gree in Metals Technology in 1991. After that fair and honest with all her students. But she Founded in November of 1900, the Saint he continued his education by graduating in would accept from each nothing less than all 1996 from Wayland Baptist University with a Andrew's Society quickly became an essential the excellence each was capable of providing. B.S. in Occupations Education and graduating part of our community. In the century since, She was never too busy to help a student; the group has grown dramatically while retain- she loved us openly and with devotion; and from La Verne University in 1999 with a Mas- ing its character as an active local force and she is, to me, the epitome of what constitutes ters degree in Organizational Management. Throughout his career in the military and in preserver of tradition. In fact, earlier this year, a good teacher. She described to her students as a tribute to their invaluable presence in the the better world she wanted, and ever since academia, Lieutenant White received a num- New Haven community, I was pleased to des- those days in the fifth grade, we have been at- ber of awards and honors. He was awarded two Air Force Commendation Medals and one ignate St. Andrew's Society as one of our tempting to build that world for her. Mrs. Bar- Air Force Achievement Medal. Lieutenant Local Legacies for the Library of Congress' Bi- ber gave truth to the old adage that a good White was named the Third Equipment Main- centennial Project. teacher's influence never stops, that teachers affect eternity by the influence they have on tenance Squadron, Noncommissioned Officer The members of the St. Andrew society their students. of the Year in 1997 and the Third Equipment have assumed a critical responsibilityÐmain- I was lucky to have Mrs. Barber for a teach- Maintenance Squadron Noncommissioned Of- taining the Italian heritage that thousands of er. I was luckier still that she became my ficer of the 4th quarter in 1997. While fulfilling Greater New Haven residents share. Members friend and advisor when I became an adult. his military duties, Lieutenant White also ex- meet each month in an effort to lead the his- Mrs. Barber was a graduate of East Caro- celled in his studies, making the President's toric Wooster Square neighborhood that is the lina Teachers College, now East Carolina Uni- list at Wayland Baptist University in 1996. focus for Italian-Americans in New Haven. For versity and was always a strong supporter of In addition to excelling in the Air Force and as long as I can remember, St. Andrew's has the school. working toward a top notch education, Lieu- played such an important role in forging the Mrs. Barber was the widow of Percy D. Bar- tenant White was busy fulfilling many military bonds of our community. Some of my fondest ber. She is survived by one son, Robert W. assignments overseas, such as completing a memories are of the times that I have spent Barber and his wife, Elizabeth T. Barber of remote tour of Keflavik, Iceland from 1991 to with the people of St. Andrew's. Each year, St. Clayton. She left two grandchildren and three 1992. Additionally, he spent over 9 years over- Andrew's keeps our community spirit alive by great-grandchildren. seas in different countries, including Thailand, organizing an annual feast where we celebrate A funeral service for Mrs. Barber was held Iceland, Singapore, Japan, Norway, and Saudi our traditions, history and culture, bringing at her church, Oakland Presbyterian, on No- Arabia. Lieutenant White also found time memories of ``the old days'' back for all of us. vember 17. Mrs. Barber had requested the fol- amidst his many responsibilities to volunteer to lowing, ``A Teacher's Prayer,'' be part of her It is through efforts such as these that we be a Big Brother while in Alaska. In fact, he final ceremony. The prayer is by James J. renew our history and help pass it along. received the Big Brother, Big Sister of the Metcalf and is presented here: Year Award in 1997. Currently, Lieutenant The generosity of the St. Andrew's Society ``I wanted to teach my students how, White takes time out of his busy schedule to members extends far beyond our tight-knit coach bowling for participants in the Special community. Over the last century, members ``To live this life on earth; ``To face its struggles and its strike, Olympics. have raised millions of dollars to preserve Lieutenant White has served his community ``And improve their worth. some of our most treasured monumentsÐSt. and his country with great distinction. I am ``Not just the lesson in the book, Michael's Church, New Haven's oldest Italian honored to pay tribute to his achievements ``Or how the rivers flow; Church and the ninth-century Amalfi Cathedral and to recognize his efforts to build a better, in Italy. It is through such efforts that we re- ``But how to choose the proper path, ``Wherever they may go. stronger America. member our history, celebrate our friendships, f and continue to strengthen the bonds of our ``To understand eternal truth, community. ``And know the right from wrong; HONORING THE LIBERTY SCIENCE ``And gather all the beauty of, CENTER Forged through the bonds of family, St. An- ``A flower and a song. drew's Society now includes fifth and sixth ``For if I helped the world to grow, HON. ROBERT MENENDEZ generation members and while none of the ``In wisdom and in grace; founding members are with us today, their de- OF NEW JERSEY ``Then I shall feel that I have won, IN THE HOUSE OF REPRESENTATIVES cedents continue to be active in the society. ``And I have filled my place. The invaluable contributions of the Saint An- ``And so I ask your guidance, God, Thursday, December 7, 2000 drew's Society are still apparent today as we ``That I have done my part; Mr. MENENDEZ. Mr. Speaker, today I bring gather to celebrate their centennial anniver- ``For character and confidence. to your attention one of the premier science sary. It is with great pride that I stand today ``And happiness and heart.'' museums in the nation, the Liberty Science to extend my deepest thanks and warmest We shall miss this remarkable woman, who Center (LSC) in Jersey City, New Jersey. congratulations to the members of the Saint even now is undoubtedly organizing and The LSC has a unique mission to serve as Andrew Society on their 100th Anniversary. teaching all the young angels. an innovative, ``hands-on'' learning resource E2144 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 for the lifelong exploration of nature, humanity Science degree in General Agriculture and Not only will Santa Clara County's children and technology. Its mission is to promote in- has used this knowledge to help benefit dairy be guaranteed health coverage, but also they formed stewardship and lifelong interactive farmers all over the country. Along with his will be guaranteed comprehensive coverage. learning of the world for all ages. The staff education at Colorado State University, Tom Currently, children can obtain access to health members have extensive backgrounds in also used his leadership as a Captain in the care through Medicaid, State Children's Health science and technology education. They work U.S. Army to benefit his community and State. Insurance Program (SCHIP), and the private closely with regional school districts and edu- Tom has used his natural ability to lead sector. Often, the health coverage varies wide- cators in order to fulfill their goal of bringing along with his knowledge of agriculture to help ly. Under Santa Clara County's program the enjoyment of scientific discovery to chil- further such organizations as the Mountain though, all children up to the age 19 will be dren. Empire Dairymen's Association, the United guaranteed comprehensive coverage of a The LSC has recently initiated a unique, vi- Dairy Industry Association, and the Dairy Pro- range of services, including vision, dental, and sionary ``Partnership Program'' with 28 at-risk motion Federation Association, all in which he medical care. school districts in New Jersey. This program served in the capacity of president. Tom is I want to commend Santa Clara County for provides students with a challenging inquiry- also a current board and executive committee being the first in the nation to set its sights on based learning experience aligned with New member of the National Milk Producers Fed- covering all children with health insurance. Jersey State Core Curriculum Standards, as eration and serves as president of the Na- The county has proactively found a solution to well as teacher training and opportunities that tional Milk Producer's Federation, a position our nation's pressing problem of the uninsured encourage the whole family to get involved in he has held for over a decade. and has built partnerships with diverse groups the education process. Since the Partnership's Tom's remarkable dedication to the farming to achieve coverage for all children. inception during the 1998±1999 school year, industry has also earned him a number of dif- I hope that other counties, states, and the student participation has increased from ferent awards. The awards include Livestock federal government will follow Santa Clara 45,000 to 160,000. The New Jersey State Leader's Award from Colorado State Univer- County's lead. With over 10 million uninsured Legislature has already appropriated $6 million sity, the National Cooperative Statesmanship children in this country, the problem faced by to support expansion of the Partnership Pro- Award from the American Institute of Coopera- Santa Clara County is one that is faced by nu- gram making the Science Center and the tion and he has been named Colorado Live- merous counties across America. This year, I State of New Jersey a model for other partner- stock Producer of the Year. Among his great- introduced H.R. 4390, the MediKids Health In- ships between public school systems and pri- est accomplishments have been being ap- surance Act to provide health coverage for vate institutions everywhere in the United pointed to the Colorado Agricultural Develop- every child in the country. It would provide a States. ment Committee and the Presidential Advisory health care safety net for uninsured children The LSC aims to complete a major infra- Committee on Trade Policy and Negotiations. by guaranteeing access to comprehensive structure expansion project by the year 2005, Tom, for the past six years, has been an ac- medical care. so that even more at-risk students and fami- tive member of the Board of Directors for First MediKids, which builds on our successful lies can reap the benefits of hands-on sci- National Bank of Florence, serving as Chair- experience with Medicare, is one approach to entific learning. The museum seeks to emerge man for four years. He has also been an ac- ensuring coverage for all children in the na- as a landmark destination in the region offer- tive member of School Board RE±2J for al- tion. There are alternative approaches that ing experiences that significantly advance the most a decade and has served as president build on other existing programs, similar to the reach and impact of a complete science edu- for four years. In addition to these impressive new effort being undertaken by Santa Clara cation both onsite, offsite and online. With this roles in his community he is also part of the County. I hope everyone in Congress can join proposed expansion, LSC intends to provide Florence Elks Lodge, Lions Club, VFW, in continuing our efforts to expand coverage to an indispensable public service and remain Chamber of Commerce and St. Benedict's our nation's uninsured children. Passage of broadly involved in the growth of Jersey City's Catholic Church. the SCHIP program in 1997 has certainly diverse urban neighborhood as it begins a Tom has worked very hard to help the farm- moved us forward, but much more needs to renaissance. ing community and his many accomplishments be done. I would like to call upon my distinguished are widely admired in the dairy farming indus- All of our nation's children deserve a healthy colleagues to join with me in the next session try. He has earned the respect of this body start in life. For the children living in Santa of Congress to make the expansion of the and on behalf of the State of Colorado and the Clara County, they should now get precisely LSC a priority on our legislative agendas. U.S. Congress I would like to congratulate that. Our most precious resource is our children. Tom on this distinguished honor. I wish him f Providing them with exciting educational op- the very best in his future endeavors. portunities to expand their horizons should al- f RECOGNIZING THE EFFORTS OF ways be a top priority of our nation's leaders, THE GOLD STAR WIVES CHAP- and I hope to continue this important work SANTA CLARA COUNTY MAKES TER OF COLUMBUS, GA with my colleagues in the 107th Congress. HISTORY BY PROVIDING HEALTH f COVERAGE FOR ALL CHILDREN HON. MAC COLLINS OF GEORGIA HONORING TOM CAMERLO HON. FORTNEY PETE STARK IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Thursday, December 7, 2000 HON. SCOTT McINNIS IN THE HOUSE OF REPRESENTATIVES Mr. COLLINS. Mr. Speaker, our nation is OF COLORADO Thursday, December 7, 2000 IN THE HOUSE OF REPRESENTATIVES blessed by many veterans organizations in- Mr. STARK. Mr. Speaker, Santa Clara cluding the Veterans of Foreign War and the Thursday, December 7, 2000 County in California has just made history by American Legion. These organizations honor Mr. MCINNIS. Mr. Speaker, I would like to approving a plan to provide health coverage the living veterans and the deceased for their take this moment to recognize an outstanding for all of the estimated 70,000 uninsured chil- service to our country. But I would like, at this citizen, Tom Camerlo of Florence, CO. Tom dren in the county. Unwilling to wait for na- point, to remind the House of another veterans has recently been named an inductee into the tional and state officials to respond to the group which keeps alive the memory of vet- Colorado Agricultural Hall of Fame. It has problem, the county has obtained funding from erans. The Gold Star Wives of America is a been Tom's devoted leadership to the dairy a variety of diverse sources to ensure that national organization composed of the farming community that has helped him to children receive the health care coverage they spouses of men either killed in action, or who earn this distinguished honor. At this time I need, starting January 2, 2001. died as a result of an injury or disease in- would like to pay tribute to Tom for his many The county will streamline application forms, curred while on duty. personal accomplishments and numerous con- aggressively conduct outreach, and enroll the The Chattahoochee Chapter of the Gold tributions to his community and profession. approximately 50,000 children who qualify for Star Wives of America has been particularly Tom attended Florence High School before state and federally funded programs. For the active. Thirty years ago, they began setting enrolling at Colorado State University where other 20,000 children who don't qualify for ex- out flags on Columbus' Victory Drive on holi- he began a course of study that would pre- isting government assistance, the county will days honoring our veterans. This is one of the pare him for what has become a truly impres- pay the majority of their health insurance pre- city's finest sights, with the star spangled ban- sive career. He received his Bachelor of miums. ner waving on both sides of the avenue. CONGRESSIONAL RECORD — Extensions of Remarks E2145 Mrs. Wanda Funderburk, the Chattahoochee IN RECOGNITION OF DR. CARMELA After moving to South Florida in 1974, Jerry Gold Star Wives Club's president, says the ASCOLESE KARNOUTSOS Miller took an active role in ensuring that the other veterans groups help them place 120 City of Lauderhill, and in particular the flags along this road. They do this twice a HON. ROBERT MENENDEZ Inverarry community, remained a beautiful and year, and sometimes more often. OF NEW JERSEY harmonious residential area where residents The Chattahoochee Gold Star Wives be- IN THE HOUSE OF REPRESENTATIVES could enjoy their picturesque surroundings. came the first chapter in the organization to Jerry worked hard to ensure that as South place a monument in a veterans cemetery Thursday, December 7, 2000 Florida grew, Lauderhill and Inverrary would when it erected a monument on the Fort Mr. MENENDEZ. Mr. Speaker, I rise today remain a pleasant and desirable place for peo- Mitchell, Alabama veterans cemetery's Walk of to recognize Dr. Carmela Ascolese ple to live. Jerry served on several city boards Honor. Karnoutsos for her dedicated service to the where he consistently advocated for positive Mr. Funderburk has been with the Gold Star community of Bayonne, NJ, and for her excep- and aesthetically pleasing development. Simi- Wives since 1985, when her husband, a Ko- tional contributions to the field of women's his- larly, as the President of the Inverrary Asso- rean War veteran died. She is one of 80 fine tory. Today, Dr. Karnoutsos will be presented ciation, Jerry accepted nothing less than top women who are keeping the spirit of patriotism with the Volunteer of the Year Award at the rate planning which would enhance and im- and the memory of our veterans' sacrifices Bayonne Historical Society's annual Holiday prove the beauty and spirit of his community. alive in Columbus, Georgia. Dinner Dance. In one of his last great projects, Jerry took Mr. Speaker, Mrs. Funderburk describes her Dr. Karnoutsos graduated Magna Cum the lead in the conceptual and physical devel- chapter as: ``We have a really nice bunch of Laude from Jersey City University and re- opment of the Inverrary Meditation Park. ladies and we still believe in honoring what ceived her Master's Degree and Ph.D. at New These serene gardens filled with exotic fauna, our husbands did, and not only our husbands, York University. She is currently Professor of chirping birds, and tropical fish ponds have but all veterans, regardless of race, creed or History at New Jersey City University (NJCU), become a centerpiece of the community. Here color, or religion. We think there is no better specializing in women's history and new Jer- residents come to reflect on their thoughts, way to honor our men than to raise the flag.'' sey history. She is the author of New Jersey talk with their neighbors and enjoy the tran- ``I'm like a child, whenever I drive down Vic- Women: A History of their Status, Roles and quility of their tropical surroundings. In this tory Drive and see those flags, I still get tears Images (1997). At NJCU, Dr. Karnoutsos has peaceful park, as in the hearts of those who in my eyes,'' she said the other day. served as the Chair of the History Department, knew him, the spirit of Jerry Miller's care and That is not being a child, that is being a pa- as Chair of the Intercollegiate Athletic Council, commitment to his community will forever be triot. and as a member of numerous committees, remembered. f including the General Studies Coordinating f TRIBUTE TO BANGOR DAILY NEWS Committee. TRIBUTE TO BETTY ANN COLUMNIST JOHN DAY Dr. Karnoutsos is a charter member of Ba- yonne Historical Society, Inc., and has been a DITTEMORE HON. JOHN ELIAS BALDACCI trustee since its founding in 1990. She has spoken at many of the society's programs and OF MAINE HON. SCOTT McINNIS events, edited and contributed articles regard- OF COLORADO IN THE HOUSE OF REPRESENTATIVES ing the city of Bayonne, and recently devel- IN THE HOUSE OF REPRESENTATIVES Thursday, December 7, 2000 oped the society's web sight. In addition, she Thursday, December 7, 2000 Mr. BALDACCI. Mr. Speaker, earlier this recently became a member of the Bayonne's month, the long-time Washington cor- Historical Preservation Commission, which Mr. MCINNIS. Mr. Speaker, it is with great respondent for the Bangor Daily News retired. was formed in 1999. sadness that I take this moment to recognize John Day worked for my hometown news- As an important authority on the history of the accomplished life and admirable career of paper for nearly 40 years. During a distin- New Jersey, Dr. Karnoutsos presented the Betty Ann Dittemore. Betty, a former Colorado guished career in which he filed more than keynote address at the 125th anniversary of State representative, recently passed on at 15,000 news stories, he covered municipal Bayonne in 1994; served as the moderator of age 81. While her friends and family mourn government in Bangor and state government the city's mayoral debate in 1998; and ap- her passing, I would like to take this oppor- in Maine's capital city of Augusta. Since 1978, peared in the video ``What is a Freeholder? An tunity to honor a truly amazing lawmakerÐa John has reported on Federal issues from evaluation of the Role of County Govern- woman who encompassed profound strength Washington. In that same year, he was cho- ment.'' in all realms of life. sen Maine Journalist of the Year by the Maine Because of her dedication to the history of After campaigning using her initials (B.A.D.) Press AssociationÐthe first time a reporter New Jersey women, Dr. Karnoutsos has made as a slogan, Betty was elected to the Colo- had been selected. great contributions to the Women's Project of rado House of Representatives in 1968, be- In addition to reporting on some of the most New Jersey, Inc., as associate editor of its coming the first woman from Arapahoe County important national issues of the past two dec- publication Past and Promise: Lives of New to be elected to the state legislature. While adesÐincluding early, insightful stories about Jersey Women (1990), and as a member of its serving in office from 1968 to 1978, Betty en- the Iran-Contra matterÐJohn Day has deliv- editorial board. gaged in one of Colorado's fiercest battles: ered more than 1,700 opinion columns which I ask my colleagues to join me in recog- passing Colorado's first comprehensive plan- have provided a unique perspective on the nizing Dr. Carmela Ascolese Karnoutsos for ning law, a feat that would not have been pos- American political scene. her exceptional contributions to the history of sible without her wit and tenacity. Throughout Knowledgeable and aggressive, John Day women and New Jersey, and for her selfless her time in office, she successfully climbed in shared a wealth of information with genera- service to her community and country. leadership positions serving as minority whip tions of Bangor Daily News readers. Whether f and later as majority leader. they appreciated John's viewpoint or not, they She was instrumental in creating the Colo- always knew where he stood. Never shy about IN COMMEMORATION OF JEROME rado Housing and Finance Authority, an au- saying what was on his mind, John inevitably M. MILLER thority that has become eminently successful gave readers something to consider. in assisting the state's poor and elderly in find- As a Member of Congress, I have become HON. PETER DEUTSCH ing reasonably priced homes. In 1980, she be- better acquainted with John and have enjoyed OF FLORIDA came an Arapahoe County Commissioner, the experience. John covered my father as a IN THE HOUSE OF REPRESENTATIVES where she was able to bring the same experi- City Councilor in Bangor during the early part ence and expertise to the Board of County of his newspaper career in the 1960's, and Thursday, December 7, 2000 Commissioners that she brought to the legisla- concluded it covering myself and the other Mr. DEUTSCH. Mr. Speaker, I rise today to ture. Members of Maine's congressional delegation commemorate a dear friend and a loyal and Mr. Speaker, there are few people in Colo- at the start of a new century. devoted member of the Lauderhill, Florida rado's proud history who have served as zeal- As John starts a new chapter in his life, I community, Mr. Jerome ``Jerry'' M. Miller. ously and wholeheartedly as Betty. Her career wish him the very best. My hometown news- Sadly, Jerry Miller passed away on November was a model that every official in elected of- paper will certainly be less colorful and it will 1, 2000 and his guiding presence in the fice, including myself, should seek to emulate. never be the same. Inverrary community will be greatly missed. I know I speak for the state of Colorado when E2146 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 I say she will be greatly missed. However, the Most veterans live quietly and anony- It’s the soldier, who salutes the flag, and mark that she left will not be soon forgotten. mously among us. They are our grandparents serves under the flag— f to some, parents to other’s, brothers and sis- It’s the soldier whose coffin is draped with ters to many. the flag, GEN. JUSKOWIAK’S REMARKS Just who is a veteran? A veteran might be Who allows the protester to burn the flag— BEAR REPEATING the elderly gentleman at the supermarket— And, it’s the soldier who is called upon to de- palsied now and aggravatingly slow—who fend our way of life! helped liberate a Nazi death camp in WWII Millions of Americans have served this HON. MAC COLLINS and who wishes all day long that his wife country since the days of the American Rev- OF GEORGIA were still alive to hold him when the night- olution, Many have made the ultimate sac- IN THE HOUSE OF REPRESENTATIVES mares come. rifice. And many are buried at Arlington or He is the retiring businessman whose co- Thursday, December 7, 2000 a host of other national and private ceme- workers never guessed that behind his quiet teries at home and abroad. Mr. COLLINS. Mr. Speaker, I was privileged demeanor is the hero of four hours of exquis- The road we have traveled to get to where recently to hear Major General Terry ite bravery against near impossible odds—50 the world is today was made possible by the Juskowiak speak about the role of the soldier years ago, in the bitter cold, near the 38th sacrifices of our veterans, and their families. parallel of Korea. So remember, each time you see someone in the United States. I was impressed by what She—or he—is the nurse who fought he had to say, and would like to submit his re- who has served our country, just lean over against futility and went to sleep sobbing and say ‘‘Thank you.’’ That is all most peo- marks in the CONGRESSIONAL RECORD: every night for a solid year in the heat of ple need, and in most cases, it will mean It is truly an honor for me to be here today Vietnam. more than any medal they could have been and to participate in this luncheon honoring He is the cop on the beat who spent six awarded. Veterans—past and present. months in Saudi Arabia sweating two gal- I keep a poem with me when I am de- Do we have any Jeff Foxworthy fans here? lons a day making sure armored personnel ployed. At home, it also sits on my desk. Its Let me do a take off on Jeff and say . . . carriers didn’t run out of fuel. author is a Vietnam veteran, George L. You might be a veteran if: He is the POW who went away one person Skypeck. Your spouse responds to ‘‘hooah’’ and un- and came back another—or didn’t come back George’s poem reminds me of how proud I derstands what it means regardless of the at all. am of my profession. I’d like to share it with context you present it in. He—or she—is the person who served in the you. It has special meaning to me—I’m sure You might be a veteran if . . . when you go garrisons and training fields of our country. it will to our veterans and their families as camping, you ridicule other campers for set- Who did not deploy, but served in ways that we pause to honor them on this special occa- ting up their tent down wind and down slope don’t grab headlines. Who kept on doing sion: of the latrine. what we are paid to do—training soldiers. I was that which others did not want to be. You might be a veteran if . . . you still And who played a critical role in caring for I went where others feared to go, and did have an urge to line up your shoes under the families left behind. what others failed to do. your bed. A veteran is the three anonymous heroes I asked nothing from those who gave nothing Or . . . your two-year old calls everyone in in The Tomb of the Unknowns, whose pres- and reluctantly accepted the thought BDUs ‘‘daddy.’’ You might be a veteran if ence at the Arlington National Cemetery of eternal loneliness . . . should I fail. . . . when your kids are too noisy, you an- must forever preserve the memory of all the I have seen the face of terror, felt the sting- nounce ‘‘at ease!’’ anonymous heroes whose valor dies unrecog- ing cold of fear, and enjoyed the sweet You might be a veteran if . . . you’ve seen nized with them on the battlefield, or the taste of a moment’s love. the movie ‘‘Patton’’ enough times to memo- ocean’s sunless depths. I have cried, pained and hoped . . . but most rize his speech. Or close to home, a vet is a 22-year-old of all, Or . . . cable news is your favorite pro- sailor named Cherone Gunn, who left his I have lived times others would say were best gram. The History channel is your next fa- aunt and uncle’s house (Mr. and Mrs. Taylor) forgotten. vorite. in Rex, GA to join the Navy, serve his coun- At least someday I will be able to say that I You might be a veteran if . . . you ruin try and get some experience. But instead, was proud of what I was . . . A Soldier. movies for everyone around you by pointing while serving aboard the U.S.S. Cole, was out the unrealistic military scenes. killed in the prime of his life by a senseless On behalf of a very grateful nation, I thank And the biggest indicator you might be a terrorist act. all veterans and their families for their sac- veteran is A veteran is an ordinary and yet extraor- rifices and their service. . . . if you understood and related to this dinary human being. A person who offered Americans can sleep safely at night. And list!!! some of his life’s most vital years in the Americans owe you an eternal debt of grati- In a little over a week, our nation will ob- service of our country, and who sacrificed his tude. serve Veterans Day. To some Americans, it ambitions, and all too often his life, so oth- f will be viewed simply as a day off from work; ers would not have to sacrifice theirs. a day to kick back and relax. A veteran is a soldier, sailor, airman or THE IMMIGRANT’S JOURNAL We all would be wise to instead recognize marine. A citizen—a ‘‘regular guy or gal’’ it as a significant national holiday . . . a day who answered our country’s call to service. where we pause and honor all veterans who A veteran is America’s sword against the HON. EDOLPHUS TOWNS have served to fight for and protect the free- darkness, the embodiment of the finest, OF NEW YORK doms we enjoy—to enjoy our prosperity and greatest testimony on behalf of the finest, IN THE HOUSE OF REPRESENTATIVES our freedom to be able to kick back and greatest nation ever known. Thursday, December 7, 2000 relax. A veteran is an American citizen who also As George Orwell wrote. ‘‘We sleep safely embodies the words of Oliver Wendell Mr. TOWNS. Mr. Speaker, I rise today to in our beds because rough men stand ready Holmes: pay tribute to the publication that has been in the night to visit violence on those who ‘‘What lies behind us and what lies before making a significant contribution to the immi- would do us harm.’’ us are tiny matters compared to what lies If you like your freedoms—thank a vet- grant community in BrooklynÐThe Immigrant's within us.’’ eran. Journal. Because a veteran sees service to our coun- I would ask the Veterans with us here try as an affair of the heart. The Immigrant's Journal is a widely read today to please stand up. Ladies and gentle- I’d like to share with you for a minute a and widely distributed newspaper in New York men, let’s recognize these distinguished indi- short poem whose authorship is unknown. It City, dealing with immigration and related viduals. is entitled ‘‘It’s the Soldier!’’ But it speaks issues facing the 2 million immigrants living in Let’s pause for a moment and seriously re- to all service members . . . to all service flect on just what is a veteran. New York City. In the pages of the Immi- members of this magnificently free country: Some veterans bear visible signs of their grant's Journal, one will find articles on immi- service; a missing limb, a jagged scar, a cer- It’s the Soldier! gration, family matters, real estate, the crimi- tain look in the eye. When the country has been in need, it has nal justice system and the political system. Others may carry the evidence inside of Always Been The Soldier! With the vast array of immigration related leg- them, a pin holding a bone together, a piece It’s the soldier, not the newspaper which has islative proposals before Congress, and the of shrapnel in the leg—or perhaps another given us multiple problems facing immigrants in the the freedom of the press— sort of inner steel. The soul’s ally forged in processing of their visas, it is indisputable that the refinery of adversity. It’s the soldier not the poet, who has given Except in parades, however, the men and us the freedom of speech— this journal represents an idea whose time has women who have served their country and It’s the soldier, not the campus organizer, come. Apart from its purely informational mis- kept it safe, wear no badge or emblem. You who has given us the freedom to sion, the Journal seeks to correct and change can’t tell a vet just by looking. demonstrate— the misleading stereotypes which some native- CONGRESSIONAL RECORD — Extensions of Remarks E2147 born Americans may have of the immigrant children as possible to talk about their dream, where she has gone there are a host of community. It seeks to document the positive their trip, and the exotic places they have friends eager for her return. From the streets, achievements which immigrants have made in seen. Students were encouraged to e-mail the hedges and rows of Greenville, North Carolina the field of entrepreneurial activity, culture, pilots with questions throughout the trip, which through the well kept manicured lawns of Wil- and politics. they answered en route. mington, Delaware to the hustle and bustle of Mr. Speaker, I recall that thirty years ago, Dreamcatcher and her crew took off from Camden, New Jersey, her friends are legion. many parts of Brooklyn were in a state of Rochester, New York on September 12 and Now in her eightieth year she can reach out urban decay and economic stagnation. People stopped in Maine and Canada before striking to a large family of adoring children, grand- were moving out of the area, businesses were out across the Atlantic Ocean. Since then, children and great grandchildren. She con- closing and many homes were either aban- stops have included Spain, Greece, Egypt, tinues as an example to us all of living a life doned or placed in the market. After the mas- Oman, Thailand, Australia, Vanuatu, and in harmony with God. We love her and always sive influx of immigrants in the 1970's, there American Samoa. For each place shall, and today we honor her in this place has been an economic transformation in Cen- Dreamcatcher visits, the World Flight 2000 through this body for length of days. tral Brooklyn. New businesses have been website lists a host of information, ranging erected, buildings have been rehabilitated, and from customs to environment to government to f thousands of homes been purchased. The pul- recipes. sating rhythms of reggae and soca have be- The trip has been filled with challenges. Be- HONORING REPRESENTATIVE come part of a new musical genre and the yond the expected issues of weather and CHARLES CANADY Labor Day Carnival in Eastern Parkway has maintenance, the crew has had to deal with become the largest block party in North Amer- troublesome control towers, flight plan ica. glitches, and illness. Yet they have come HON. JOE SCARBOROUGH Caribbean immigrants have not only contrib- through all of these problems with, as they OF FLORIDA uted to entrepreneurial activity and culture, say, flying colors. IN THE HOUSE OF REPRESENTATIVES they have made a significant contribution to I am proud to claim virtually the entire World the political culture of our city. The first Black Flight 2000 team as my constituents. Pilot Dan Thursday, December 7, 2000 Assemblyman in our borough, the Honorable Dominquez is a senior at the University of Mr. SCARBOROUGH. Mr. Speaker, today I Bertram Baker, was from the Caribbean. So Rochester, where he studies economics. Pilot pay tribute to my colleague from the 12th Con- were our first Black female Congressperson, Chris Wall is a 21-year-old junior at Rice Uni- gressional District of our great State of Florida, the Honorable Shirley Chisolm, and the dean versity, majoring in electrical engineering. Representative CHARLES CANADY. of political strategists, the Honorable Dr. Wes- Flight photographer Jesse Weisz graduated ley McHolder. The first Black Borough Presi- from the University of Rochester with an Hon- CHARLES has a long and illustrious record dent of Manhattan, the Hon. Hulan Jack was ors Major in Film. International Director/Coor- for serving the district that he calls home. Born from the Caribbean and the Chief Judge of the dinator Jenni Powers is a 21-year of recent and raised in Lakeland, he went on to obtain Federal Court in the southern district, the Hon. graduate of the Univerisity of Rochester, his education from Yale. After graduating in Constance Baker Mottley. where she obtained her International Relations 1979, he returned home to become a prac- Mr. Speaker, immigrants have made a glo- degree. Local publicist John Galbraith has do- ticing attorney in Polk County, where he rious contribution to the rich tapestry and nated hundreds of hours to coordinate press, worked before running for Congress. multi-cultural quilt that we call the American marketing, and corporate sponsorship. Dozens From 1984 to 1990, he served in the Florida heritage. It is a story that needs to be told, of local volunteers have been inspired to get House of Representatives, where he was hon- and this newspaper, the Immigrant's Journal, involved, helping with everything from public ored as the Most Effective First Term Legis- is one of the publications that seek to recount relations to rehabilitation of the aircraft. lator. During that time he worked to reduce the this American saga in a clear and eloquent Mr. Speaker, these young people are out role of government in the lives of Florida's citi- language. there achieving something that most adults zens by helping pass major reform legislation. f would never undertake simply because the CHARLES also worked to strengthen Florida's prospect is so daunting. Yet they have man- laws on criminal justice, serving as Chairman WORLD FLIGHT 2000: AN aged to conquer not only the practical, finan- of the House Appropriations Subcommittee for EXTRAORDINARY JOURNEY cial, logistical, and other hurdles, but the entire Criminal Justice and as a member of the globe as well. Crime Prevention and Law Enforcement Study HON. LOUISE McINTOSH SLAUGHTER I invite my colleagues to join me in saluting Commission. He was elected House Majority OF NEW YORK World Flight 2000 for proving to us all that, Whip from 1986 to 1988. IN THE HOUSE OF REPRESENTATIVES ``Anything is possible if you just dream!'' Wel- I have had the pleasure to serve with Thursday, December 7, 2000 come home, Dreamcatcher! CHARLES on the Judiciary Committee where f we have worked to make our judicial system Ms. SLAUGHTER. Mr. Speaker, I would like stronger. He knows the law, thinks pragmati- to bring to this chamber's attention a remark- TRIBUTE TO MRS. LENA ROBERTA cally, and is one of the hardest workers I have able odyssey that will come to its successful MURRELL WHITE ever come across. conclusion on December 15: World Flight 2000. HON. ROBERT E. ANDREWS CHARLES has not only been one of the most In 1996, high school students Daniel productive and effective legislators in this OF NEW JERSEY House, he has also been extremely dedicated Dominquez and Christopher Wall dreamt of IN THE HOUSE OF REPRESENTATIVES becoming the youngest individuals ever to cir- to each and every one of his constituents back cumnavigate the globe. Just four years later, Thursday, December 7, 2000 home. His constituent outreach program is that dream is on the verge of reality. Sup- Mr. ANDREWS. Mr. Speaker, I rise to salute proof of his commitment, and I am sure there ported by a spectacular team of coordinators, the cherished American tradition of mother- are many people in Florida's twelfth district these two young pilots are about to finish a hood. That tradition is exemplified in an ex- that will miss his tireless service, diligence, en- two-month flight around the world in their traordinary mother by the name of Mrs. Lena thusiasm, and dedication. plane, the Dreamcatcher. Roberta Murrell White. Daughter, Sister, Wife, To the detriment of this House, CHARLES, a There is a great deal more than just the Mother and Friend. Mrs. Lena White has been staunch supporter of term limits, promised dur- youth of the pilots, however, that makes this and is all of these and more. She was daugh- ing his campaign in 1992 to serve no more accomplishment extraordinary. The World ter Lena growing up in the farming country of than four consecutive terms. The twelfth dis- Flight 2000 team has gone to great lengths to North Carolina. Younger sister in a large trict, the State of Florida, and indeed the entire make their trip a learning experience for chil- brood she was a shining light in that big fam- United States can be proud of CHARLES CAN- dren all over the world. Their website, ily. She was wife to James E. Murrell and bore ADY. His tenure here in the House is high- www.worldflight2000.com, includes daily logs him nine children, raising them all in love and lighted with many accomplishments and is from the crew, dozens of photographs from happiness while working harder than any three eternal evidence that CHARLES is the consum- their trip, and an-up-to-the-minute live tracking people. After his passing she was wife to mate statesman. I thank CHARLES for his serv- screen to follow the plane. At every stop, James White and took his children as her ice and his friendship, and I wish him and Jen- World Flight 2000 meets with as many school- own, loving and protecting them. And every- nifer many years of happiness in the future. E2148 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 IN RECOGNITION OF GERMAINE He was a team builder and lifted public admin- every councilman. He would answer every ORVILLE ‘‘JERRY’’ KOOIMAN istration to a higher level in our community, for question we had. And he was very fair with which we remain grateful always. the city council’s office staff.’’ HON. PETER HOEKSTRA To his wife, children, and family, may I offi- Mrs. Pietrykowski added that Mr. Daken cially extend deepest sympathy coupled with ‘‘knew who he worked for. It was city coun- OF MICHIGAN cil in those days.’’ IN THE HOUSE OF REPRESENTATIVES true admiration for a superb public servant who moved America forward in the 20th cen- J. Michael Porter, a former city manager, Thursday, December 7, 2000 said that when he was Toledo’s director of tury. natural Mr. HOEKSTRA. Mr. Speaker, I would like [From the Blade, Toledo, OH, July 12, 2000] Mr. Porter added that Mr. Daken was a to take this opportunity to recognize the work EX-TOLEDOAN SET U.S. RECORD AS CITY ‘‘professional’s professional. He believed in of one of my staffers in Michigan, Germaine MANAGER the city-manager system and did everything Orville ``Jerry'' Kooiman, who is leaving my of- James B. Daken of Peoria, Ill., a former he could to enhance the profession.’’ fice after eight solid years of service. Toledo city manager who was America’s Mr. Daken was city manager in Peoria Jerry has been a member of my staff since youngest manager of a major city when he from 1979 to 1987 and was vice president of I first joined Congress in 1993, working as my took the job at age 29, died of lung cancer the Foster and Gallagher, Inc., mail order Director of Constituent Services for nearly all Monday in his home. He was 58. and telemarketing firm in Peoria from 1987 of that time. Jerry is the person in my district In 1971, the International City Manage- to 1996. He was executive director of the Peo- offices who made sure the trains ran on time ment Association named him one of its 10 ria Historical Society from 1997 to 1999, when outstanding young men. he took his most recent job as Peoria County and made sure that the constituents of Michi- Mr. Daken, who was born, raised, and edu- administrator. gan's Second Congressional District were cated in Cincinnati, came to Toledo in July, His daughter, Amy, described him as a being served. 1967, when he took the job of assistant city very intelligent and just person who ‘‘had a Since 1995, Jerry has juggled this job with manager. He was promoted to city manager lot of integrity. I think he just really tried the task of being a Kent County Commis- in March, 1971, and held the post until Octo- the hardest to do what he truly believed was sioner, ably representing the county's 16th ber, 1976, when he moved to Hartford, Conn., right. He had a very strong sense of social District in his hometown of Grand Rapids. Dur- to become its city manager. justice and civil rights: He always stood for Former Mayor Harry Kessler credited Mr. ing his tenure on the county Board, Jerry has people who were oppressed and always Daken with being ‘‘largely responsible for thought about them.’’ served as Chairman of the Kent County Board the success I had as mayor. He and [the late] of Public Works and Vice Chairman of the Frank Pizza did the most. I was questioned She added that he recently told her a story county's Legislative and Human Resources seriously about hiring a 29-year-old as city about his trip to Peoria just before he be- Committee. manager, but Jim was a 29-year-old going on came city manager there. A native of Waupun, Wisconsin, Jerry's 39 years old or 49.’’ ‘‘The first thing he said was, ‘Show me the adult life has been dedicated to public service. Under the city charter at the time, city slums, because that’s what the state of the city is,’ ’’ she said. After graduating from Calvin College with a council selected the city manager from can- didates recommended by the mayor. Bachelor's degree in Political Science in 1984, He also recently refused to get a higher Mr. Kessler said after he became mayor, he pay increase than the people working for the Jerry initially worked as a campaign worker organized a citizens committee to study mu- county under him, she said. then as a district staff assistant to Congress- nicipal government to help city officials Raised in Cincinnati where he finished man Paul Henry through 1992 before joining identify problems and possible fixes. high school, Mr. Daken held a bachelor’s in my office. In all, Jerry has been a conscien- ‘‘More than 90 per cent of the committee’s political science and a master’s in public ad- tious Congressional staffer for 16 years. recommendations were adopted,’’ Mr. Kessler ministration from the University of Cin- However, our loss is Michigan's gain. In said. ‘‘Jim Daken was responsible for orga- cinnati. In 1964, he began his career as a stu- nizing the recommendations of the com- dent intern for the city of Cincinnati. He January, Jerry will embark on the next phase mittee so that they could be made into ordi- of his life as an elected state legislator, rep- later worked as a budget analyst for the city nances that would pass council’s scrutiny.’’ of Cincinnati until the city of Toledo hired resenting the 75th District in Michigan's House Ohio Supreme Court Justice Andy Douglas him as its assistant manager. of Representatives. I have no doubt that he said he was a member of the Toledo council will take the many skills that he has developed committee that selected Mr. Daken for the Mr. Daken was a member of Toledo’s Downtown Kiwanis, Old Newsboys Good- over the past two decades and use them to city manager’s job. ‘‘His major contribution was bringing still- fellow Association, American Society for serve his constituents and the entire state of Public Administration; Children’s Inter- Michigan with the highest standards. ness to troubled waters,’’ Justice Douglas said. ‘‘He inherited a number of cumbersome, national Summer Villages Association and Thank you, Jerry, for all your hard work and difficult, and complicated matters, and he YMCA, Peoria Rotary Club, where he was good advice. I wish you the best success as provided solutions generally acceptable to president in 1997, and the Peoria Symphony, you move on to the state Capitol in Lansing. all.’’ for which he was a longtime member of the f Expansion of Toledo’s water and sewer board. services to outside communities in Lucas Surviving are his wife, Peggy; daughters, TRIBUTE TO THE LATE JAMES and Wood counties was a priority with Jus- Amy and Sarah, and sons, Russ and Kevin. DAKEN tice Douglas as a councilman, and he cred- Memorial services will be at 10 a.m. tomor- ited Mr. Daken with helping the city to row in St. Vincent de Paul Church, Peoria. HON. MARCY KAPTUR achieve those sales. Visitation will be after 4 p.m. today in ‘‘The only thing the city makes money on Wright and Salmon Mortuary, Peoria. OF OHIO is the sale of water,’’ Justice Douglas said. The family request tributes to a charity of IN THE HOUSE OF REPRESENTATIVES ‘‘I think the city’s water-pumping capacity the donor’s choice. Thursday, December 7, 2000 was increased from about 140 to 160 million gallons a day, and there are plans to raise Ms. KAPTUR. Mr. Speaker, with great re- that to more than 200 million gallons. He f spect, gratitude, but sadness, I enter into the was directly involved in bringing that CONGRESSIONAL RECORD the life story of Mr. about.’’ TRIBUTE TO SILVIA RILEY James Daken, one of the most accomplished Former Toledo Councilwoman Carol city managers in our nation, who died earlier Pietrykowski said she was chairwoman of the council committee that hired Mr. Daken. HON. WILLIAM F. GOODLING this year in Peoria, Illinois. She noted that ‘‘Jim came in and made a OF PENNSYLVANIA For those of us who knew Jim as City Man- presentation, very professionally, and I was ager for the City of Toledo, there is no ques- impressed with it. Whatever Jim did, he did IN THE HOUSE OF REPRESENTATIVES tion his professionalism and leadership remain well.’’ Thursday, December 7, 2000 with us even until today. He served our com- Later, Mr. Daken as city manager im- munity honorably, beginning in 1967, and then pressed Mrs. Pietrykowski again with his Mr. GOODLING. Mr. Speaker, I rise today moved to Peoria in 1979 to continue his work ability to explain to each council member to pay tribute to a longtime staff member of building America's midwestern heritage. For complicated legislation that was coming be- the Committee on Education and the Work- fore council. certain, it was Toledo's loss and Peoria's gain. ‘‘He was the most communicative and the force, Silvia Riley. She came to the House of I can remember Jim as the type of manager easiest city manager to work with while I Representatives 35 years ago to work in a that would compliment other city employees, was on council,’’ Mrs. Pietrykowski said. Member's personal office, Clement Zablocky. even beginning staffers in low level positions. ‘‘When there was an issue, he would come to In January 1970, she joined what was then CONGRESSIONAL RECORD — Extensions of Remarks E2149 the Education and Labor Committee as a sec- meter sprint with a time of 23.07 seconds. He clarifications to the Homeowners Protection retary. In 1977, her title changed to staff as- competed in his first Paralympics in 1992 and Act. This law ensures that homeowners have sistant, and the following year she was pro- has been returning successfully since then. In the right to cancel their Private Mortgage In- moted to Minority Clerk. Three years ago, 1996, he won two gold medals and broke both surance (PMI) on their home mortgages once Silvia's title changed again, and she became world and Paralympic records. His time for the the homeowner attains a certain level of equity the Financial Administrator. 100-meters, 11.36 seconds, is barely behind in the home (usually 22%, but in some cases No matter what her title has been, Silvia's the time for able-bodied athletes, 9.86 sec- 20%). This measure clarifies that PMI can- role has remained constant. She is one of the onds. Tony was born without hands or feet, cellation rights for adjustable rate mortgages pillars of the committee, ensuring that adminis- but that has not stopped him from setting new (ARMs) are based on the amortization sched- trative functions run smoothly. Silvia Riley is records and frequently beating able-bodied ule that is currently in effect. This provision the person who orients new staff members, athletes at numerous other races. Tony's ensures that consumers get full benefit of any and she is the last person departing staff grandfather, Sam Volpentest, a Tri-Cities lead- adjustments that have been made based upon members see, to turn in their keys. er, justifiably expresses his pride in Tony's ac- recent calculations. Moreover, under this pro- Silvia has always handled all aspects of her complishments. vision, consumers with a ``good payment his- work in an exemplary fashion. The committee Jennifer Butcher came to these games as tory'' will be given the explicit right to cancel has passed its annual reconciliation by the her first international competition. She partici- their PMI, removing any existing ambiguity General Accounting Office with flying colors pated in several swimming events: the 200- about this term. I strongly believe that these for as long as Silvia has been the Financial meter individual medley, 100-meter breast- corrective provisions improve consumer pro- Administrator. stroke and 50-meter freestyle. Jennifer, an tections and substantially improve the Home- Silvia has served under six Republican Issaquah native, left Sydney with a bronze owners Protection Act. Ranking Members and one Republican Chair- medal in the women's visually impaired class With respect to consumer protections, H.R. man. Throughout her tenure, she has exhib- of the 100-meter freestyle. At home in Port- 5640 would provide elderly homeowners with ited an extraordinary personal commitment to land, she works at a school for the blind. additional measures to refinance their reverse the committee. One of her most memorable Mr. Speaker, I commend these athletes for mortgages while establishing protections to challenges occurred when Republicans be- their determination, hard work and incredible shield them from fraud and abuse. I am came the Majority after the 1994 elections. success. I ask my colleagues to join me in sa- pleased that senior citizens in Texas' 25th Dis- Silvia was at work on New Year's Day, pre- luting their fine example of sportsmanship and trict, who have only recently been given the paring space and materials for the Republican success on the international stage. ``green light'' from HUD to take out reverse Majority staff. f mortgages, would be allowed to refinance Silvia has always been there for the Mem- these federally-insured home equity conver- bers and staff, whether it's problems with sup- AMERICAN HOMEOWNERSHIP AND sion mortgages under this provision of H.R. plies or guidance on where to turn for special ECONOMIC OPPORTUNITY ACT OF 5640. This provision would enable seniors to requests. Whenever a major project needs ad- 2000 obtain loans up to the higher FHA loan limits, ditional volunteers, Silvia is always the first to enacted in 1998. I am also pleased that this sign up. SPEECH OF measure orders HUD to prohibit broker fees, Mr. Speaker, as you know, I, too will be re- HON. KEN BENTSEN limit origination fees for refinanced reverse tiring at the end of this Congress. I am very OF TEXAS mortgages and, in cases where loan proceeds fortunate to have had my 26 years here coin- IN THE HOUSE OF REPRESENTATIVES are used for the costs of long-term medical cide with Silvia Riley's. Members and staff join care insurance, instructs HUD to waive the up- me in wishing her all the best as she leaves Tuesday, December 5, 2000 front mortgage insurance premium. the committee to devote time to her family, Mr. BENTSEN. Mr. Speaker, I rise in strong As the Ranking Democrat on the House particularly her mother. They are fortunate to support of H.R. 6540, important legislation that Budget Committee's Housing and Infrastruc- get her back, and the committee was lucky to removes barriers to housing affordability and ture Task Force, I am especially pleased to have her on board for 31 years. encourages homeownership for low and mod- support this legislation because it includes a f erate-income Americans. section dealing with prevention of fraud in the H.R. 5640 incorporates much of H.R. 1776, Department of Housing and Urban Develop- IN RECOGNITION OF JACOB a comprehensive housing bill that I cospon- ment's (HUD) 203(k) home acquisition and re- HEILVEIL, TONY VOLPONTEST sored and which House passed overwhelm- habilitation program. I have been working on AND JENNIFER BUTCHER, U.S. ingly in April 2000 with my support. The most this specific issue for several years, and with PARALYMPIC TEAM ATHLETES far-reaching provision of this bill would extend the assistance of my colleague RICK LAZIO, down payment assistance to low and mod- the U.S. General Accounting Office (GAO) HON. JAY INSLEE erate income families, under the Section 8 agreed to review and investigate HUD's Title OF WASHINGTON Program. Specifically, H.R. 5640 would vest I program in 1998. The Title I program, the IN THE HOUSE OF REPRESENTATIVES local housing authorities with the power to pro- oldest government housing program, provides Thursday, December 7, 2000 vide a single grant for down payment assist- low-income homeowners with government Mr. INSLEE. Mr. Speaker, it is with great ance in the purchase of a home, moving fami- backed loans of up to $25,000 to finance per- admiration that I recognize these members of lies who receive Section 8 housing rental as- sonal home repairs, with the money distributed the U.S. Paralympic team. These extraor- sistance into the realm of ``homeowners''. I directly to the contractor. I know of too many dinary athletes have overcome great barriers support H.R. 5640 because it not only broad- cases where unscrupulous contractors have to achieve athletic feats among their peers. ens the availability of affordable housing targeted low-income homeowners, convinced These athletes have recently competed at choice for many deserving American families, them to take out large home repair loans, and the Paralympic Games in Sydney, Australia, it also removes the disincentives to the pro- then failed to perform the contracted work. one of the most elite multi-disability sports duction and availability of affordable housing As a Congressman from the Houston area, competitions. They have contended with a programs. this issue has particular resonance. In recent record setting 3,824 athletes from over 120 H.R. 5640 provides for the establishment of years, several investigative news reports in countries. a FHA down-payment formula by which lend- Houston have uncovered cases where unscru- Jacob Heilveil, from Bothell, has competed ers and borrowers calculate the amount of pulous contractors used this government's in several sports including basketball and no- down-payment required for an FHA loan, dra- guaranteed FHA loan program to defraud tably as a marathoner. Born in Korea, Jacob matically improving the operation of the Fed- homeowners in and around my district. Many contracted polio and was left with residual pa- eral Housing Administration's single-family of these homeowners are elderly and live on ralysis and the determination to succeed. In program. This technical correction improves fixed incomes and had been the victim of Sydney, he raced as part of the men's wheel- FHA administrative efficiency and provides the shady contractors who provided shoddy or in- chair relay and in the marathon. racing in the home buying industry and their customers a complete work. Many of these elderly home- paraplegic classification, he finished the mara- readily comprehensible tool for calculating the owners were forced into default, and the tax- thon course in 1 hour, 36 minutes and 6 sec- down-payment for an FHA loan. payers were left holding the bill. I am pleased onds. As a member of the House Banking Com- that this legislation includes important provi- Tony Volpentest, from Mountlake Terrace, is mittee, I strongly support provisions in H.R. sions to strengthen the anti-fraud provision in the current world record holder in the 200- 5640 that will make technical corrections and the guaranteed FHA program. E2150 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 Finally, with all that is good in H.R. 5640, I been in the newspaper business for more than day, 1,000 per hour, and 17 per minute. At the am, however, disappointed that it abandons a 42 years and has been publisher of the Jour- same time, the Soviet regime was unloading key provision of H.R. 1776 which would make nal-News since January 1, 1994. Before that, 1.7 million tons of grain on Western markets. available a 1% down FHA mortgage loan for he was publisher of the Middletown Journal, Ukraine has paid a high price for its inde- qualified teachers, police, fire fighters and mu- another newspaper in the 8th District, from pendence and freedom and this famine sym- nicipal employers when purchasing a home in October 1981 through December 1993, when bolizes one of the horrors of the old soviet the community they serve. Congressional he was appointed to his current post. system. Budget Office estimates show that, over a Before coming to Middletown in 1981, Bob f five-year period, this provision would provide had been publisher of the Times-West Vir- 125,000 new loans, helping rebuild and ginian in Fairmont, West Virginia, for three IN SUPPORT OF S. 1972 AND S. 2594 strengthen neighborhoods. years. Before that, he had been general man- I urge my colleagues to open and expand ager of the Dominion-Post in Morgantown, HON. DIANA DeGETTE the opportunity of homeownership by sup- West Virginia, for six years. OF COLORADO porting this important bi-partisan legislation. Bob started in the newspaper business in IN THE HOUSE OF REPRESENTATIVES the late 1950s in his hometown, Bayonne, f Thursday, December 7, 2000 New Jersey, with the Bayonne Times. He TRIBUTE TO LARS-ERIK NELSON worked there for 13 years, seven of them as Ms. DEGETTE. Mr. Speaker, I rise in sup- vice president and general manager. port of S. 1972, legislation to convey to the HON. PETER T. KING Educated in local schools in Bayonne, Bob town of Dolores, Colorado the site of Joe OF NEW YORK went on to Cornell University on a Teagle Rowell Park, and S. 2594, legislation to au- IN THE HOUSE OF REPRESENTATIVES Scholarship. He graduated with a degree in thorize the Bureau of Reclamation to contract economics and later received an MBA in per- with the Mancos, Colorado water conservancy Thursday, December 7, 2000 sonnel administration from New York Univer- district to use its water facilities. Mr. KING. Mr. Speaker, together with so sity. Mr. Speaker, Joe Rowell Park in Dolores, many AmericansÐparticularly New YorkersÐI He served in the Army for two years, most Colorado is a focal point of the community. was deeply saddened by the tragic and un- of that time in Munich, Germany, with the This 24-acre park provides the Town of Dolo- timely passing of Lars-Erik Nelson. Lars was a Counter Intelligence Corps. Bob and his wife, res with a place for baseball and soccer uniquely gifted journalist of unsurpassed integ- Mary Jane, have six children. games, a playground and a restful, beautiful rity and courage. I have known Bob Murphy for a long time. spot for recreation. The property is currently I will be eternally grateful that I was able to You always know where you stand with himÐ owned by the United States Forest Service call Lars my friendÐfor he was a friend in a trait that has won my respect and that of and leased to the Town of Dolores, which has every sense of the word. Whether it was dis- countless others during his long career. Bob's invested over $400,000 to improve Joe Rowell cussing the issues of the day, demonstrating commitment to bringing the news accurately, Park. This investment created the only lit concern for someone else's health problems fairly, and comprehensively is reflected in the baseball and softball fields in the Forest Serv- or giving an encouraging word, Lars was al- legacy of success he leaves behind. I am hon- ice's inventory. However, the leasing arrange- ways there. ored to stand before the House today to pay ment has caused management difficulties for Although he had every right to do so, Lars tribute to Bob Murphy as our community says both parties involved. As a result, the Forest never took himself seriously. Very simply, it thanks and bids good luck to a dedicated pub- Service determined that Joe Rowell Park is was always a delight to be in his company. lic servant. suitable for conveyance into non-federal own- When my wife Rosemary was in Washington, f ership by the Town of Dolores. I commend my she and I would enjoy getting together with colleague, Senator WAYNE ALLARD for offering Lars and his wife Mary for dinner. Lars was COMMEMORATING THE FAMINE OF this legislation to streamline the management raconteur, gourmet and wine connoisseur. 1932–33 of this important park in Dolores, Colorado What better way could there be to spend an and support the passage of this bill. evening? Just several days before he died, HON. BOB SCHAFFER I also rise in strong support of S. 2594, leg- Lars and I were trying to schedule dinner in OF COLORADO islation that would authorize the Bureau of the upcoming week. It was not meant to be. IN THE HOUSE OF REPRESENTATIVES Reclamation to contract with the Mancos, Col- I will cherish personal memories of Lars. Sit- orado water conservancy district to use the Thursday, December 7, 2000 ting with him at my first Gridiron Dinner. Meet- Mancos project facilities to store and wheel ing with him and Gerry Adams in Washington Mr. SCHAFFER. Mr. Speaker, on November non-project water for irrigation and domestic, during a key moment in the Irish Peace Proc- 18, 2000, more than 1,500 participants gath- municipal and industrial uses. ess. Having lunch with him in the House Din- ered in St. Patrick's Cathedral in New York This legislation would allow the Mancos, ing Room and listening to his calm reflections City to commemorate the 67th Anniversary of Colorado water conservancy district to con- during the impeachment debate. His writing an the 1932±1933 Ukrainian Famine. tinue to contract to carry non-project water, overly complimentary blurb for a novel I wrote. Unlike other famines, this was not caused which has become a normal operational pro- But mostly I will remember a man who was by a lack of food. Instead, Joseph Stalin cre- cedure at the facility. Using Mancos' excess a true giant as a journalist and a friendÐa ated the famine by confiscating all of Ukraine's capacity encourages more efficient water man- man of innate decency. A man who will be crops and withholding it from the people. The agement on project lands and more flexible sorely missed by any who had the opportunity Kremlin intended to destroy the spirit of the use of the project's facilities. to know him. Ukrainian peasants by starving them to death. I am pleased to support this legislation. May he rest in peace. Moscow perceived Ukraine's cultural renais- f f sance as a threat to a Russo-Centric Soviet rule and therefore enacted the famine to crush TRIBUTE TO GALE VAN HOY TRIBUTE TO BOB MURPHY their nationalism in a most brutal manner. Peasants in Ukraine could not escape these HON. NICK LAMPSON HON. JOHN A. BOEHNER horrible conditions. An internal passport sys- OF TEXAS OF OHIO tem prevented them from crossing the border IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES into Russia or the Belarusian republic, where there was no famine. In Ukrainian regions Thursday, December 7, 2000 Thursday, December 7, 2000 such as Poltava and Kharkiv, people died in Mr. LAMPSON. Mr. Speaker, today I rise to Mr. BOEHNER. Mr. Speaker, I rise today to their homes or collapsed on the street. Ani- honor Mr. Gale Van Hoy, the current executive recognize Mr. Bob Murphy, publisher of the mals were consumed, even the bark dis- secretary of the Texas State Building and Hamilton Journal-News, of Hamilton, Ohio, the appeared from the trees. Construction Trades Council. Mr. Van Hoy will largest newspaper in my District. The death toll from the 1932±1933 famine is retire on December 31, 2000, and I thought it For more than four decades, Bob has been estimated between seven and ten million vic- fitting to enter into the CONGRESSIONAL in the business of keeping citizens informed tims. No real record exists. However, studies RECORD a mention of his contributions to about what's happening in their community, show at the height of the famine, Ukrainian vil- Texas. He has served the working men and country, and the world around them. He has lagers were dying at the rate of 25,000 per women of Texas well, and I thank him for that. CONGRESSIONAL RECORD — Extensions of Remarks E2151 Mr. Van Hoy has represented the interests pionships in 1997. He also helped establish tated partnerships that have been invaluable of 50,000 skilled construction workers from the annual I-Lan International Collegiate Invita- in fostering commercial prosperity in the City across the state of Texas before labor, polit- tional Regatta for crews from nine countries, of Napa. ical and business leaders on a local, state and helped bring the sport to two of Taiwan's In addition to her considerable public suc- national level. He has worked to secure jobs, major universities and was also instrumental in cesses, Ms. Lind is also a proud mother of equal opportunity, fair wages and benefits, helping get significant funding for equipment. two sons: Rob, a promising local wine maker and on-the-job safety and health protection for Thirteen years ago few in Taiwan knew of and Scott, a rising Bay-area dot.com star. Ms. members. Gale has been active in the labor rowing as a sport. Today most of the nation Lind will also soon be a grandmother. movement throughout his entire adult life, can say they know the sport thanks to John Mr. Speaker, it has been my great honor to serving as a member of the AFL±CIO, on the Garnjost. He has been referred to as the ``Fa- represent Ms. Dorothy Lind first as her State Oversight Committee of the Capitol Preserva- ther of Rowing'' in Taiwan. His recent award Senator and now as her Congressman. Clear- tion Project, and serving on the National Advi- and dedication to the sport and the people of ly, her life has been one of great public serv- sory Committee that had oversight on the con- Taiwan is a true testament to this title. ice, dedication and commitment. For these duct of an OSHA-funded study of contract f reasons, it is necessary that we honor this workers' safety in the U.S. petrochemical in- woman for her distinguished service to the dustry. HONORING DOROTHY LIND people of Napa County, California. The former mayor of Houston, Kathryn f Whitmire, even declared October 22, 1983 as HON. MIKE THOMPSON COMMENDING THE 60TH ANNIVER- Gale E. Van Hoy DayÐwhat an honor! OF CALIFORNIA SARY OF THE NATIONAL COM- Today I want to recognize Gale Van Hoy's IN THE HOUSE OF REPRESENTATIVES MITTEE FOR THE FURTHERANCE great service to the people of Texas, and to Thursday, December 7, 2000 OF JEWISH EDUCATION this Nation, and to thank him, on behalf of the Ninth Congressional District for his 40 years of Mr. THOMPSON of California. Mr. Speaker, dedication. today I honor Ms. Dorothy Lind for her 12 HON. JERROLD NADLER f years of dedicated service to the people of OF NEW YORK Napa County, California and the surrounding IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO JOHN T. GARNJOST region. Ms. Lind retired on November 24, Thursday, December 7, 2000 2000 from an exceptional career as Chief Ex- Mr. NADLER. Mr. Speaker, today I pay trib- HON. CHRISTOPHER SHAYS ecutive Officer of the Napa Valley Exposition. ute to the National Committee for the Further- OF CONNECTICUT Dorothy Lind was raised in Seattle, Wash- ance of Jewish Education, which will be cele- IN THE HOUSE OF REPRESENTATIVES ington and moved to California in the early brating its 60th Anniversary on Sunday, De- Thursday, December 7, 2000 1970's. She began her professional career cember 10, 2000, at an affair in Manhattan, Mr. SHAYS. Mr. Speaker, I rise in recogni- conducting early intervention for severely dis- New York. tion of John T. Garnjost who became the 53rd abled infants. In the late 70's she was se- The National Committee for the Furtherance American to receive the Olympic Order from lected to direct health education programs for of Jewish Education was founded in 1940 by the International Olympic Committee. On Sep- the Bay Area March of Dimes, overseeing the late Lubavicher Rebbe Joseph I. tember 6, 2000 Mr. Garnjost traveled to Taipei medical and research grants. In 1983 Ms. Lind Schneerson. It was continued under Rebbe Taiwan where he received the award for his made another career change by accepting a Menachem Mendel Schneerson. Both Grand contributions to the development of rowing in position as Manager of the Tulare County Fair. Rebbes lived through pogroms, two world Chinese Taipei. Her success in this position was remarkable; wars, the rise of communism, the holocaust The Olympic Order is ``the supreme indi- she doubled the Fair's budget in just four and tremendous personal challenges. But their vidual honor accorded'' by the IOC. It was cre- years and was selected as Tulare County's idealism, learning, and faith shone through it ated in 1974 and is awarded to any person ``Woman of the Year'' in 1988. all and inspired millions. who has illustrated the Olympic Ideal through Her achievements in Tulare gave Ms. Lind The Rebbes fled war-torn Poland to estab- his action, has achieved remarkable merit in the opportunity to lead the Napa Valley Expo- lish the Lubavitcher movement in the United the sporting world, or has rendered out- sition. As CEO her duties involved not only or- States. Not only were they the spiritual leaders standing services to the Olympic cause, either ganizing events for a major public facility but of the Lubavicher Chasidim, but they were through his own personal achievement or his also building links with government, commu- also revered and respected as great scholars contribution to the development of sport. nity, and business groups. One highlight of her and teachers by Jews and non-Jews around Mr. Garnjost was introduced to rowing dur- exceptional leadership in this capacity was the the world. Indeed, their work still lights the ing his college days at Columbia University creation of the ``Bingo Emporium'', a partner- learning and daily mitzvos of Jews every- where he decided to explore the sport as an ship that raises over $1 million annually for where. Through the many manifestations of official. Mr. Garnjost has been a rowing official many Napa County non-profit organizations their energy and vision, and most of all their in the United States since 1960, and was li- and school programs. profound commitment to the importance of censed as an international official in 1970. He While the Expo is host to several major pub- Jewish thought, belief and ethics, the Rebbes officiated at the Summer Olympics in Atlanta lic events throughout the year, the highlight of made an incalculable contribution to the spir- in 1996 and has worked at the World Cham- the Expo's calendar is the five-day Napa Town itual lives of all people. pionships. Domestically, he has worked at the and Country Fair in August. A defining char- In 1940, during the darkest days for Jews, Olympic Trials and the U.S. Nationals. acteristic of her stewardship of this event was Rebbe Joseph Schneerson dedicated himself As the president of Bristol Meyers (Taiwan) a commitment to reflect the changing face of to revitalizing Judaism, and in particular to in- from 1983 to 1989, he lived in the country and the Oxbow Neighborhood, recognizing that spiring American Jewry, by nurturing the Jew- began introducing rowing in Taipei. 1983 fairs (in her words), ``can either become a ish soul and fostering ``Yiddishkeit''. The marked the first rowing demonstration at the major positive force in their neighborhood for Rebbe reasoned that only through learning annual Dragon Boat Festival in Taiwan. As an good things or become the blight that causes and education would Jewish faith and Jewish advisor to the Chinese Taipei Amateur Rowing the neighborhood to decline.'' During her ten- life flourish. The Rebbe's idealism, learning, Association, Mr. Garnjost served as a dele- ure the Expo was named as the pilot fair for and his faith shone through it all and he in- gate to the 1983 International Rowing Federa- the California Fair System's Re-Invention Pro- spired millions to love their Jewish culture, his- tion (FISA) Congress in Duisburg, Germany, gram which was designed to re-focus commu- tory and traditions. where Chinese Taipei's application for mem- nity connections and entrepreneurial business The Committee for the Furtherance of Jew- bership was approved. interactions for fairgrounds statewide. ish Education (NCFJE), is today the strongest Real progress was made in 1985 when Dorothy Lind's contributions to the city of in its history. Under the administrative leader- FISA President Thomi Keller inspected the Napa are equally impressive. She has served ship of Rabbi Jacob J. Hecht, the NCFJE is Tung Shan River as a possible rowing site. as President of the Napa Rotary Club (the first known as the ``organization with a heart'', with Today, there is an internationally proven row- woman to fill that position) and is a member dedicated people willing to work tirelessly to ing course, two FISA umpires and rowers of the Napa River Coalition, the Downtown help all Jews, regardless of their affiliation, throughout the country. Merchants Association, the Napa County Land with much needed education and social pro- Since the early days of rowing in Taipei, Mr. Trust, and the Napa Valley Leadership Coun- grams to help in both their spiritual and phys- Garnjost has worked the Asian Rowing Cham- cil. Through these organizations she has facili- ical needs. E2152 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 Mr. Speaker, I ask my colleagues to join me The award is given to businesses that have ley Water District. For sixteen years, Bob in congratulating NCFJE on the occasion of its shown achievements and improvements in Gross has provided distinguished service to 60th Anniversary, and wish it continued suc- the areas of leadership, strategic planning, the Santa Clara Valley Water District and the customer and market focus, information and residents of Santa Clara County. His hard- cess and many great mitzvah's in the future. analysis, human-resource focus, process- f management and business results, the Com- work and commitment to the job helped to produce numerous successes for the District HONORING LOS ALAMOS merce Department statement said. ‘‘We would have felt great if we had lost and the County. I am honored to have been NATIONAL BANK the Baldrige award,’’ Wells said. ‘‘It’s like able to work with him over the years. He will, making it to the Super Bowl in our opinion.’’ indeed, be missed. HON. TOM UDALL The bank won the award for a number of Bob began his public service as an advisor OF NEW MEXICO quality and business-performance achieve- to the United States Army Corps of Engineers, IN THE HOUSE OF REPRESENTATIVES ments, according to the statement from the San Francisco Division. Working in the flood White House. Thursday, December 7, 2000 control division for ten years, Bob tackled a One of them was domination of its market myriad of flood control issues that face the Mr. UDALL of New Mexico. Mr. Speaker, area. The bank since 1998 filed 80 percent of all mortgage loans in Los Alamos County Bay-Delta region, garnering a reputation for last month Los Alamos National Bank was thoroughness and energetic diligence. In addi- presented the prominent Baldridge Award. and 9 percent of such loans in Santa Fe County. The bank opened its Santa Fe tion to his service in the Corps of Engineers, This superior bank deserves congressional branch in mid-1999 and already has $115 mil- Bob also served a community advisor to the recognition as well. lion in assets, Wells said. U.S. Fish and Wildlife Service, helping to es- I share an extreme sense of pride in know- And in a survey, 80 percent of the bank’s tablish the San Francisco Bay National Wildlife ing that one of New Mexico's own, and a busi- customers said they were ‘‘very satisfied’’ Refuge which consists of more than 25,000 ness in my Third Congressional District, has with the service they received, the state- acres of protected waters and wildlife habitat. received this highly coveted and prestigious ment said. Bob also served as an advisor to the U.S. Bu- recognition. What makes this award so special During the Cerro Grande fire that ravaged reau of Reclamation on the important Central is that it represents excellence in every as- Los Alamos earlier this year, destroying hundreds of homes, the bank moved its en- Valley Project. pect. Quality improvement is an evolutionary tire operation overnight to its Santa Fe Building on these experiences Bob brought process, and those businesses and organiza- branch. his knowledge and skills to Santa Clara, tions that commit themselves to this endeavor As a result, services was not interrupted. where he ran for, and won, five elections to are investing not only in themselves, but in Following the fire, the bank offered zero- the Santa Clara Valley Water District's Board those they serve. Los Alamos National Bank percent interest to anyone in the community of Directors. Representing District 3Ða district by virtue of your involvement in quality New affected by the fire. that encompasses one fifth of the entire popu- Mexico, deserve to be applauded for seeking It also eliminated overdraft charges and lation of Santa Clara County and Silicon Val- out the knowledge and training to raise the bar late fees, the statement said. leyÐBob worked hard to meet the water sup- Wells said the bank was particularly proud for your customers, your clients, my constitu- of its efficiency ratio, which is a proportion ply and flood protection needs of the County's ents and our community. the bank uses to measure employee produc- residents. As a member of the Board of Direc- Mr. Speaker, I would like to submit for the tivity. tors, Bob was responsible for helping shape RECORD this article for the New Mexican rec- A lower number is better. LANB’s effi- the direction that the District has taken with re- ognizing the Los Alamos National Bank. I ciency ratio is 49 percent, while the best of spect to water policy over the past sixteen would also urge all my colleagues to congratu- its competitors have ratios above 60 percent, years. He was directly involved in many nota- late the fine employees of this establishment. the statement said. ble and important actions and issues, includ- ‘‘One of the ways we will survive as an LOS ALAMOS BANK WINS PRESTIGIOUS ing the following: MTBE contamination, independent community bank is our ability groundwater recharge. wastewater recycling, NATIONAL AWARD to compete with the supraregional and su- (By Bob Quick) pranational banks,’’ Wells said. ‘‘We’ve got and CALFED. Bob served as the District's rep- A very unbanklike cheer resounded in Los to be able to compete with the Wal-Marts of resentative to the South Bay Recycling Project Alamos National Bank this week when em- the world.’’ where he worked closely with the City of San ployees learned the bank was one of four The bank’s efficiency ratio, he continued, Jose and the Bureau of Reclamation, and he winners nationwide of the prestigious 2000 ‘‘is a tremendous accomplishment by our also served as the District's representative to Malcom Baldrige National Quality Award. people, our systems and our technology. the City of San Jose on nonpoint wetland miti- The bank, which has 167 employees and as- There’s no productivity without hard work.’’ gation issues. sets of $660 million, won in the small-busi- Other achievements of the bank included During his tenure, Bob provided valuable ness category. LANB has offices in Los Ala- high employee satisfaction and low employee service by reviewing and analyzing state water mos, White Rock and Santa Fe. turnover, thanks in part to a stock-owner- It was the first time a bank has won the ship plan and an employee profit-sharing laws and regulations. As the District represent- award, according to a statement from the plan. ative to the WaterReuse Association of Cali- U.S. Commerce Department. The department LANB in 1999 received Quality New Mexi- fornia, Bob served as the Board's liaison and and the White House officially released in- co’s highest award, the Zia Award. In 1997 represented the interests of the District. Bob formation about the award Tuesday. and 1998, the bank received the organiza- also represented the WaterReuse Association ‘‘I heard there was a loud cheer throughout tion’s Roadrunner Award. in a number of capacities, including most nota- the building’’ when news of the award Quality New Mexico ‘‘is the one that en- bly as the State Chairperson for the Potable reached employees, said Steve Wells, presi- couraged us to stretch ourselves to see how Committee and a member of the Education dent of LANB. ‘‘We were extremely happy for we would come out against the best in the Subcommittee. As a member of the Potable our people and for our community and for country,’’ Wells said. New Mexico. We know we have high stand- The three other Baldrige Award winners Subcommittee, he participated in the prepara- ards to live up to now. We have to make sure were Dana Corp.-Spicer Driveshaft Division tion of a news media presentation on the safe we’re worthy of our crown.’’ in Toledo, Ohio (manufacturing); Karlee Co. use of potable water and helped write a public ‘‘The Malcom Baldrige National Quality Inc., Garland, Texas (manufacturing); and information recycling brochure as a member of Award recognizes organizations that play a Operations Management International the Education Subcommittee. In addition, major role in energizing our nation’s econ- Greenwood Village, Colo. (service). through his work with the Education Sub- omy, competitiveness and quality of life,’’ committee, Bob worked closely with the Cali- President Bill Clinton said in a statement f fornia Department of Fish and Game to create from the White House. ‘‘If we are going to HONORING ROBERT W. GROSS keep our economy growing and our country an aquatic and environmental education pro- moving forward, we need as a nation to fol- gram for disadvantaged youth. He also rep- low the example of Baldrige winners.’’ HON. ZOE LOFGREN resented the WaterReuse Association at nu- Congress established the Malcom Baldrige OF CALIFORNIA merous conferences and seminars and served National Quality Award, named after a IN THE HOUSE OF REPRESENTATIVES as a co-chair for a technical symposium on former secretary of commerce, in 1987 to en- planned surface water augmentation using ad- hance the competitiveness of U.S. businesses Thursday, December 7, 2000 vanced treated recycled water and health by promoting quality awareness, according to the statement. Ms. LOFGREN. Mr. Speaker, today I offer standards. In 1995, in light of this work and for Since 1988, only 41 organizations have re- my sincere congratulations to Robert W. his outstanding service to the WaterReuse As- ceived the award. The National Institute of Gross, Ph.D., E.W.E., on his retirement from sociation, he was awarded a certificate of rec- Standards manages the program. the Board of Directors of the Santa Clara Val- ognition for personal contributions. CONGRESSIONAL RECORD — Extensions of Remarks E2153 In addition to his work with the WaterReuse TRIBUTE IN MEMORY OF FORMER commitment to service and a superb work Association, Bob was also active with many CONGRESSMAN HENRY B. GON- ethic. other associations and organizations, including ZALEZ A native of San Francisco, Yvonne began the following: the Association of California her government service in April 1971, as an Water Agencies, California Groundwater Asso- SPEECH OF ``intermittent:'' GS±4 clerk-Steno for the Gen- ciation, National Groundwater Protection HON. DENNIS J. KUCINICH eral Services Administration's Space Manage- ment Division. In 1975 she began working in Council, National Water Resources Associa- OF OHIO GSA's Federal Supply Service where she tion, American Water Works Association, the IN THE HOUSE OF REPRESENTATIVES served as a Secretary, Administrative Assist- California Water Education Foundation, Tuesday, December 5, 2000 ant and Administrative Officer to the Regional ALERTÐthe California Flood Control Associa- Commissioner. tion, the California Association of Sanitation Mr. KUCINICH. Mr. Speaker, I rise to honor a remarkable man and true American patriot, Yvonne joined the Public Buildings Service Agencies, American Desalting Association, former Congressman Henry B. Gonzalez. He in 1980 as a Program Analyst. In 1984, she Water Environment Federation, California passed away on November 28, 2000 at the made an important career move to the field of Water Pollution Control Association, and the age of 84, after 37 years of dedicated service Property Management. She served as the California WaterReuse Association. Bob's per- in the House of Representatives. Property Manager in Reno, Nevada where she sonal contributions to these organizations was ``Henry B,'' as his friends affectionately worked until 1987. In April 1987, Yvonne also noteworthy. In recognition of his hard- called him, was first elected to Congress in came to Oakland, California as the East Bay work, Bob was nominated in 1996 for the 1961, becoming the first person of Mexican- Property Manager. Housed in leased space at Athalie Richardson Irvine Clark Prize spon- American heritage to represent Texas in the 1333 Broadway in Downtown Oakland, sored by the National Water Research Insti- House. A well-known champion of the poor Yvonne and her staff were responsible for nu- tute. To be nominated by his peers for this and the downtrodden, Henry B. fiercely de- merous federal properties, including the Ala- award is a true honor to the contributions and fended his principles and was unafraid to meda Federal Center, the U.S. Geological dedication of Bob Gross. stand up against the powerful from the mo- Survey complex in Menlo Park, the United ment he was sworn into office. To this day, his States Court of Appeals in San Francisco, the Although, Bob achieved significant suc- San Jose Federal Building and the John F. cesses through his work and involvement with constituents in San Antonio and thousands of people across the country continue to reap the Shea Federal Building in Santa Rosa. More the Santa Clara Valley Water District, the importantly, she was actively involved in the WaterReuse Association, the Corps of Engi- benefits of this courageous fight for safe and affordable housing. construction of what was to become the Ron- neers, and numerous other organizations, he ald V. Dellums Federal Building and has also compiled an impressive record of per- An unabashed pioneer for populism, Henry B. was perhaps best known for his prominent served as Senior Property Manager to the sonal and academic studies, projects, and pa- position on the Banking Committee, and its present day. pers on water issues. After earning a Bachelor In architectural terms, buildings are said to Chairman for three terms. He used his leader- of Science degree from San Jose State Uni- have ``footprints''Ðthe physical outline of the ship role on the committee to help repair the ground they cover. Since its opening in 1993, versity, a Master of Sciences degree in aqua- Federal Deposit Insurance Corp., monitor the the Ronald V. Dellums Federal Building has culture from Nova College International Cam- activities of the Federal Reserve System and had a ``footprint'': covering far more than phys- pus, and a Doctor of Philosophy in Environ- pass numerous pieces of legislation aimed at ical space. Thanks to Yvonne, the building's mental and Water Engineering from Nova Col- cleaning up the savings and loan scandal. footprint has extended to the East Bay com- lege Europe, Bob served as an advisor for fif- Henry B. began his legendary political ca- munity at large. ``1301 Clay Street'' is an ad- teen years to the Board of Fellows at the Uni- reer shortly after his admirable service in dress that has come to represent a spectac- versity of Santa Clara, and was an adjunct World War II, when he was elected to the San ular gathering place always open to people of faculty member at Fareslston and Nova Col- Antonio City Council. In 1957, he reached the diverse philosophies. Following Yvonne's lead, lege. Bob has conducted studies on the im- Texas Senate where he made a name for the GSA staff have focused on making the pact of human pollution on water supplies and himself with a 22-hour filibuster to block legis- people who, in fact, own this exquisite struc- wildlife habitat, and he issued a summary lation that would have reinforced school seg- ture feel welcome and respected. paper on the ecological engineering multipur- regation policies. Henry B.'s reputation as a Under Yvonne's management, the Ronald pose facility. On water purification issues, Bob staunch defender of civil rights stayed with V. Dellums Federal Building, has won numer- him throughout his career in the House, span- wrote summary papers on recycling waste- ous awards, the most prestigious being the ning nearly four decades. water for potable use in San Jose, the reorga- 1997±98 Building Owners and Managers As- Mr. Speaker, I ask my fellow colleagues to nization of Santa Clara Valley Water District, sociation International Government Building of join me today in remembering the Honorable and finally on a merger of all water producing the Year, and the 2000 Energy Star Designa- Henry B. Gonzalez. Henry B. truly set a stand- agencies. tion. ard by which all Members of Congress can be And, in addition to all of his many years of The daughter of French immigrants, Yvonne measured, and he will be sorely missed by ev- inherited both an affinity for hard work and a hard work, service and commitment to water eryone in this body who had the pleasure of issues, Bob has also been honored in other devotion to family. Her daughters, Michelle working with him. His honor, his vision, and and Suzanne Griffin, and her grandsons areas as well. Perhaps most notably, Bob was his passion for equality will live forever in the the recipient of the Commendation Ribbon McKinley and Cameron Parker, are the stars hearts of all those whom he touched. I would in her life's constellation. As she ends her fed- with Pendant from the Secretary of the Army also like to take this opportunity to extend my for Meritorious Service in Korea. Bob has also eral career, she takes with her our apprecia- heartfelt condolences to Representative CHAR- tion, respect and warmest best wishes for a long been a supporter of the Boy Scouts of LIE GONZALEZ and his family during this ex- America, serving as a member of the Board of happy retirement with those she loves. tremely difficult time. f Directors and District Chairperson. In recogni- f tion of his tremendous accomplishments and TRIBUTE TO THE HONORABLE service to the Boy Scouts of America, Bob TRIBUTE TO MS. YVONNE A. VICENTE CEPEDA BERNARDO, was awarded the Silver Beaver Award, one of GRIFFIN MAYOR OF YONA Scouting's highest honors. Bob Gross has posted an exceptional HON. BARBARA LEE HON. ROBERT A. UNDERWOOD record of achievement and success. He has OF CALIFORNIA OF GUAM served his country and his community tire- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES lessly for many years. It is, Mr. Speaker, truly Thursday, December 7, 2000 Thursday, December 7, 2000 a privilege to recognize Robert Gross for the Ms. LEE. Mr. Speaker, today I pay tribute to Mr. UNDERWOOD. Mr. Speaker, as elected outstanding contributions that he has made to an outstanding federal government employee, public officials, we know the hard work and the Santa Clara Valley Water District and the Ms. Yvonne A. Griffin. On January 4, 2001, the personal sacrifices it takes to earn the people of Santa Clara County. I am grateful Ms. Griffin will retire from the United States trust and mandate of our constituencies. In my for his service and wish him all the best in his General Services Administration after a distin- home island of Guam, there are no elected of- well-deserved retirement. guished 28 year career marked by dedication, ficials who are closer to their constituencies, E2154 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2000 or work harder in their behalf, even after an contributed beyond the regular eight-hour, 1986, at age 27, she was elected to the Sum- election, than our village Mayors. Prior to five-day work-week. ter County Board of Education. She was elect- 1990, the title of these public servants was As his constituent, my family and I have ed a second time in 1988 and served with dis- changed from commissioner to mayor, but benefited in countless ways from his devotion tinction until moving to Monroe County in their role in the villages did not change, and to duty and his responsiveness to the needs 1991. of the village. I worked with him when I was our dependence upon them, especially during In Monroe County, Marilyn Culpepper the President of the Parent Teachers Organi- typhoons and village-wide activities, did not di- served first as associate editor, then managing zation at M.U. Lujan. Lorraine, my wife, minish over the years. editor of the award-winning weekly news- worked with him on many community projects Guam is a small place with a relatively small paper, The Monroe Journal. She also distin- and served with him as an appointed member population, and our people are not far re- guished herself through community service in of the Mayor's Community Council. Our entire moved from their elected officialsÐmyself in- several capacities. To name a few, she was family worked with him on other community cluded. This intimacy, and the expectation of president and/or board member of the Mon- direct and immediate access, is especially true projects and he performed his duties with dig- nity and with the attention to the needs of his roeville Area Chamber of Commerce, the of our Mayors. They are called upon in a mul- Monroe County Public Education Foundation, titude of waysÐoften to address problems community exemplified his public service. I join Mayor Bernardo's family, relatives, and the Monroeville Kiwanis Club (where she having little or nothing to do with the delivery friends and fellow neighbors in acknowledging was the first woman elected as ``Kiwanian of of community service, but to assist with pri- his service to the community of Yona and to the Year''). She also served as a volunteer for vate, familial matters. Whether it is to accept Guam. On behalf of the people of Guam, I the Monroe County Heritage Museums, and representative membership on a task force to proudly congratulate him for successfully tak- for the Alabama Writers Symposium during address an island-wide youth problem, drop- ing on one of the most challenging and de- their inaugural year. In addition, she served in ping out of school, for example, or helping Mr. manding public offices in Guam. And as a fel- Israel as the representative of the Monroe and Mrs. Villager talk to their son Johnny into low public servant, I send my warmest and County Commission and the Monroeville Area staying in school, village Mayors are expected most grateful si Yu'os ma'ase. Maolek todo i Chamber of Commerce during performances to attend personally to village matters, large or che'cho'-mu, amigo-hu, para i benifisium todo of ``To Kill a Mockingbird.'' Manifesting her tal- small. This is the case of the Honorable i toatao Guam. Ma sen agredesi i setbisiu-mu ent, Mrs. Culpepper is a two-time recipient of Vicente Cepeda Bernardo, the Mayor of Yona, (thank you very much. The work you have the Alabama Medical Association's Douglas L. my home village. done on behalf of the people of Guam has Cannon Recognition for Excellence in Medical In a few weeks, Mayor Bernardo will leave been outstanding. The people of Guam truly Journalism. office after having served for many years. appreciate your services). As editor of The Monroe Journal and, later, More than simply being one of my constitu- f economic developer for Monroe County from ents, Mayor Bernardo is a long-time neighbor 1997±2000 and as chairwoman of the Monroe and friend. I am one of his constituents. Like HONORING MARILYN CULPEPPER County Hospital Board, Mrs. Culpepper was my fellow villagers, I turn to Mayor Bernardo an advocate for accessible health care for all to address problems in Yona. HON. SONNY CALLAHAN citizens regardless of age, social or economic It would be too easy to let Mayor Bernardo's OF ALABAMA status. She was a driving force behind expan- record of accomplishments speak in his be- IN THE HOUSE OF REPRESENTATIVES sion of hospital services and creation of a half. The streets he named in honor of Yona's Thursday, December 7, 2000 rural health clinic in Monroe County. fallen military sons and those residents de- Mr. CALLAHAN. Mr. Speaker, I would like to serving of the recognition are numerous in- Under Mrs. Culpepper's leadership, the hos- recognize Marilyn Culpepper for her dedication pital in Monroeville embarked on a major ex- deed. The capitol improvement projects he to the health and well being of Monroe Coun- pushed forÐthe street lights, five hydrants, pansion and construction project, the creation ty, Alabama, citizens. of a cancer-treatment center and the develop- pump stations and water lines, the police Marilyn Culpepper was appointed to the koban, the village gymnasium, the village li- ment of a diabetes support program. She also Monroe County Hospital Board in July 1996 oversaw the creation of the Monroe Health brary, the paved roads and moreÐnow benefit and elected its chairwoman by unanimous Yona and the rest of the island. The many, Foundation and has been a contributor to the vote of the board a few months later. She foundation. many community activities that he spear- served as chairwoman from 1997 to 2000. headed earned praise for the whole village. Mrs. Culpepper has since moved to Mobile, Today, Mrs. Culpepper serves as executive But as extensive as it is. Mayor Bernardo's list and I wish her well as she takes on new chal- director of the Historic Mobile Preservation So- of accomplishments does not convey how well lenges. ciety. Her commitment to community develop- he knew and understood the people of his vil- A native of Grove Hill, Alabama, Mrs. Cul- mentÐpreservation, education, and innovation lage. It does not convey his deep and abiding pepper is a 1980 graduate of the University of in enriching the lives of all citizens continues. love for his neighbors or how much he had West Alabama (formerly Livingston University) She is committed to developing a regional net- given of himself over the years. I am privi- and was the recipient of that school's Alumni work of cultural, civic and humanitarian efforts leged, as his constituent, neighbor and friend, of the Year Award in 1996. to benefit all residents of south Alabama and to commend him for his achievements and to Over the years, she has had several suc- continues to be a friend to Monroe County and thank him for the many, many hours he has cessful careers and civic achievements. In Monroe County Hospital in this endeavor. Thursday, December 7, 2000 Daily Digest

HIGHLIGHTS Senate agreed to the Bankruptcy Reform Act Conference Report. The House and Senate passed H.J. Res. 127, making further continuing appropriations. Senate mittee struck all of the House bill after the enacting Chamber Action clause and inserted the provisions of S. 3186, the Routine Proceedings, pages S11663–S11746 Bankruptcy Reform Act of 2000), clearing the meas- Measures Introduced: One bill and two resolutions ure for the President. Pages S11683±S11730 were introduced, as follows: S. 3275, and S. Res. National Forest Boundary Adjustment: Senate 385–386. Page S11739 concurred in the amendments of the House to S. Measures Passed: 439, to amend the National Forest and Public Lands Home Ownership Expansion Act: Senate passed of Nevada Enhancement Act of 1988 to adjust the H.R. 5640, to expand home ownership in the boundary of the Toiyabe National Forest, Nevada, United States, clearing the measure for the Presi- and to amend chapter 55 of title 5, United States dent. Pages S11680±81 Code, to authorize equal overtime pay provisions for Continuing Resolution: By 96 yeas to 1 nay all Federal employees engaged in wildland fire sup- (Vote No. 298), Senate passed H.J. Res. 127, mak- pression operations, clearing the measure for the ing further continuing appropriations for the fiscal President. Page S11741 year 2001, clearing the measure for the President. Hawaii Water Resources Reclamation Act: Senate Pages S11730±31 concurred in the amendments of the House to S. Shark Finning Prohibition Act: Senate passed 1694, to direct the Secretary of the Interior to con- H.R. 5461, to amend the Magnuson-Stevens Fishery duct a study on the reclamation and reuse of water Conservation and Management Act to eliminate the and wastewater in the State of Hawaii, clearing the wasteful and unsportsmanlike practice of shark fin- measure for the President. Pages S11741±44 ning, clearing the measure for the President. Nominations Confirmed: Senate discharged Com- Pages S11744±45 mittee on Foreign Relations and confirmed the fol- Congratulating Rev. Clay Evans: Senate agreed lowing nomination: to S. Res. 385, congratulating the Reverend Clay Richard N. Gardner, of New York, to be an Al- Evans of Chicago, Illinois, on the occasion of his re- ternate Representative of the United States of Amer- tirement. Page S11745 ica to the Fifty-fifth Session of the General Assembly National Pearl Harbor Remembrance Day: Sen- of the United Nations. Pages S11739, S11746 ate agreed to S. Res. 386, expressing sense of the Messages From the House: Page S11738 Senate regarding National Pearl Harbor Remem- Communications: Pages S11738±39 brance Day. Pages S11745±46 Bankruptcy Reform Act Conference Report: By Statements on Introduced Bills: Pages S11739±40 70 yeas to 28 nays, 1 responding present (Vote No. Additional Cosponsors: Page S11740 297), Senate agreed to the conference report on H.R. Notices of Hearings: Pages S11740±41 2415, to enhance security of United States missions and personnel overseas, to authorize appropriations Additional Statements: Pages S11736±38 for the Department of State for fiscal year 2000. (On Record Votes: Two record votes were taken today. October 11, 2000, the H.R. 2415 conference com- (Total—298) Pages S11730, S11731 D1201

VerDate 11-MAY-2000 09:11 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\CRI\D07DE0.REC pfrm10 PsN: D07DE0 D1202 CONGRESSIONAL RECORD — DAILY DIGEST December 7, 2000 Recess: Senate convened at 9:59 a.m. and recessed at 5:24 p.m., until 10 a.m., on Friday, December 8, Committee Meetings 2000. (For Senate’s program, see the remarks of the No committee meetings were held. Acting Majority Leader in today’s Record on page S11746.) h House of Representatives herent in the interstate transportation of violent pris- Chamber Action oners—clearing the measure for the President. Bills Introduced: 3 public bills, H.R. 5644–5646; Pages H12032±33 and 5 resolutions, H.J. Res. 128–131, and H. Con. Recess: The House recessed at 5:02 p.m. and recon- Res. 445, were introduced. Page H12045 vened at 7:20 p.m. Page H12043 Reports Filed: Reports were filed today as follows: Senate Messages: Messages received from the Senate H. Res. 669, providing for consideration of H.J. today appear on pages H12023 and H12043. Res. 128, making further continuing appropriations Referral: S. 1066 was referred to the Committees on for the fiscal year 2001 (H. Rept. 106–1025); and Agriculture and Science. Page H12044 H. Res. 670, providing for consideration of H.J. Res. 129, making further continuing appropriations Quorum Calls—Votes: One yea-and-nay vote de- for the fiscal year 2001 (H. Rept. 106–1026). veloped during the proceedings of the House today Page H12045 and appears on page H12028. There were no quorum calls. Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Adjournment: The House met at 2 p.m. and ad- Thornberry to act as Speaker pro tempore for today. journed at 7:21 p.m. Page H12023 Making Continuing Appropriations: The House Committee Meetings passed H.J. Res. 127, making further continuing ap- propriations for the fiscal year 2001 by a yea and OVERSIGHT—HOUSTON NARCOTICS nay vote of 359 yeas to 11 nays, Roll No. 601. The INVESTIGATION joint resolution was considered pursuant to the order Committee on Government Reform: Concluded oversight of the House of Wednesday, Dec. 6, 2000. hearings entitled ‘‘Oversight of the Drug Enforce- Pages H12023±28 ment Administration: Were Criminal Investigations Paul Coverdell National Forensic Sciences Im- Swayed by Political Considerations?’’ Testimony was heard from the following officials of the DEA, De- provement Act: The House passed S. 3045, to im- partment of Justice: Donnie Marshall, Administrator; prove the quality, timeliness, and credibility of fo- Ernest L. Howard, Special Agent in Charge, Houston rensic science services for criminal justice purposes— Field Office; Julio Mercado, Deputy Administrator; clearing the measure for the President. R.C. Gamble, Chief Inspector; and Jack Schumacher, Pages H12028±31 Houston Field Office; and the following officials of DNA Analysis Backlog Elimination: The House the Police Department, Houston, Texas: Bill Ste- agreed to the Senate amendment to H.R. 4640, to phens; Larry Jean Allen; and Ralph G. Chaison. make grants to States for carrying out DNA analyses for use in the Combined DNA Index System of the MAKING FURTHER CONTINUING Federal Bureau of Investigation, to provide for the APPROPRIATIONS FOR FISCAL YEAR 2001 collection and analysis of DNA samples from certain Committee on Rules: Granted, by voice vote, a closed violent and sexual offenders for use in such system— rule on H.J. Res. 128, making further continuing clearing the measure for the President. appropriations for the fiscal year 2001, providing one Pages H12031±32 hour of debate in the House equally divided and Jeanna’s Act: The House passed S. 1898, to provide controlled by the chairman and ranking minority protection against the risks to the public that are in- member of the Committee on Appropriations. The rule waives all points of order against consideration

VerDate 11-MAY-2000 09:11 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\CRI\D07DE0.REC pfrm10 PsN: D07DE0 December 7, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1203 of the joint resolution. Finally, the rule provides one NEW PUBLIC LAWS motion to recommit. (For last listing of Public Laws, see DAILY DIGEST, p. D1186) H.J. Res. 126, making further continuing appro- MAKING FURTHER CONTINUING priations for the fiscal year 2001. Signed December APPROPRIATIONS FOR FISCAL YEAR 2001 5, 2000. (P.L. 106–537) Committee on Rules: Granted, by voice vote, a closed H.R. 2941, to establish the Las Cienegas National rule on H.J. Res. 129, making further continuing Conservation Area in the State of Arizona. Signed appropriations for the fiscal year 2001, providing one December 6, 2000. (P.L. 106–538) hour of debate in the House equally divided and f controlled by the chairman and ranking minority member of the Committee on Appropriations. The COMMITTEE MEETINGS FOR FRIDAY, rule waives all points of order against consideration DECEMBER 8, 2000 of the joint resolution. Finally, the rule provides one Senate motion to recommit. No meetings/hearings scheduled. House No committee meetings are scheduled.

VerDate 11-MAY-2000 09:11 Dec 08, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\CRI\D07DE0.REC pfrm10 PsN: D07DE0 D1204 CONGRESSIONAL RECORD — DAILY DIGEST December 7, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, December 8 9 a.m., Friday, December 8

Senate Chamber House Chamber Program for Friday: After the transaction of any morn- Program for Friday: Consideration of H.J. Res. 128, ing business (not to extend beyond 10:30 a.m.), Senate making further continuing appropriations (closed rule, expects to consider a continuing resolution, and may con- one hour of debate). sider other cleared legislative and executive business.

Extensions of Remarks, as inserted in this issue

HOUSE Etheridge, Bob, N.C., E2141, E2143 Menendez, Robert, N.J., E2139, E2140, E2142, E2143, Goodling, William F., Pa., E2148 E2145 Andrews, Robert E., N.J., E2147 Hoekstra, Peter, Mich., E2148 Nadler, Jerrold, N.Y., E2151 Baldacci, John Elias, Maine, E2145 Inslee, Jay, Wash., E2149 Scarborough, Joe, Fla., E2147 Bentsen, Ken, Tex., E2149 Kaptur, Marcy, Ohio, E2141, E2148 Schaffer, Bob, Colo., E2150 Boehner, John A., Ohio, E2150 Shays, Christopher, Conn., E2151 King, Peter T., N.Y., E2150 Callahan, Sonny, Ala., E2154 Slaughter, Louise McIntosh, N.Y., E2147 Collins, Mac, Ga., E2144, E2146 Kucinich, Dennis J., Ohio, E2153 Stark, Fortney Pete, Calif., E2139, E2144 DeGette, Diana, Colo., E2150 Lampson, Nick, Tex., E2150 Thompson, Mike, Calif., E2151 DeLauro, Rosa L., Conn., E2141, E2143 Lee, Barbara, Calif., E2153 Towns, Edolphus, N.Y., E2146 Deutsch, Peter, Fla., E2145 Lofgren, Zoe, Calif., E2152 Udall, Tom, N.M., E2152 Emerson, Jo Ann, Mo., E2140, E2143 McInnis, Scott, Colo., E2140, E2144, E2145 Underwood, Robert A., Guam, E2153

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