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

Vol. 147 WASHINGTON, WEDNESDAY, FEBRUARY 14, 2001 No. 21 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE when one will be in the situation to im- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the plement the chain of survival. The pore (Mrs. EMERSON). gentleman from New Jersey (Mr. more of us that know it, the more lives that can be saved. f PASCRELL) come forward and lead the House in the Pledge of Allegiance. f DESIGNATION OF THE SPEAKER Mr. PASCRELL led the Pledge of Al- CHILDPROOF HANDGUN ACT PRO TEMPORE legiance as follows: (Mr. PASCRELL asked and was given The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the permission to address the House for 1 fore the House the following commu- United States of America, and to the Repub- minute and to revise and extend his re- nication from the Speaker: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. marks.) WASHINGTON, DC, Mr. PASCRELL. Madam Speaker, February 14, 2001. f children are killing children by gun- I hereby appoint the Honorable JO ANN FEBRUARY IS AMERICAN HEART fire. These deaths are occurring in EMERSON to act as Speaker pro tempore on MONTH homes and streets and in schools. The this day. failure of Congress in recent years to J. DENNIS HASTERT, (Mr. FOLEY asked and was given per- shoulder the ultimate responsibilities Speaker of the House of Representatives. mission to address the House for 1 minute and to revise and extend his re- of safeguarding our communities from f marks.) gun violence is inexcusable. It is time to get past the rhetoric by the ex- PRAYER Mr. FOLEY. Madam Speaker, Feb- ruary is American Heart Month as des- tremes on both sides of the gun control The Chaplain, the Reverend Daniel P. ignated by Congress in 1963. I want to issue and pass sensible anti-gun vio- Coughlin, offered the following prayer: thank my colleagues for taking time to lence legislation. Lord, the psalmist cannot find Today I will introduce in the House come to the floor today to draw atten- enough words to express trust in You. of Representatives the Childproof tion to the impact that heart disease Personal experience of Your pres- Handgun Act. This legislation requires and stroke have on our own society. ence, care, and abiding guidance gives that gun manufacturers develop per- Perhaps in no other instance is a rise to his song: ‘‘O Lord, my rock, my sonalized guns within the next 5 years. quick reaction more important to sav- fortress, my deliverer. My God, my This technology would guarantee that ing lives than during heart attacks. rock of refuge, my shield, the fullness only authorized users could operate the There is an important chain of survival of my salvation, my stronghold.’’ weapon. This is not something out of which, when followed, can make an im- Stir in our hearts today Your holy science fiction. A prototype exists that pact on the devastating effect of Amer- spirit. Touch the soul of this Nation can read and recognize the gun owner’s ica’s number one killer, heart disease. that we may see Your saving work in fingerprint allowing only the owner to The first step is preparation, under- our work, Your strength behind our fire the gun. This will keep weapons standing; and reacting quickly to car- weakness, Your purpose in our efforts out of the hands of children and crimi- diac events saves lives. Knowing the at laws of justice, Your peace drawing nals. warning signs of heart attack and all of us and the whole world to lasting The Federal Government sets stand- being ready to react can save precious freedom. ards for child safety cigarette lighters moments. Warning signs include: un- You are ever faithful, O Lord, worthy and insists that children riding in cars comfortable pressure, fullness or pain of all of our trust, now and forever. be buckled in approved car seats, and it in the center of the chest lasting more Amen. demands that manufacturers put than a few minutes; pain spreading to childproof caps on aspirin containers. f the shoulders or neck; nausea, sweat- For guns, we have nothing. ing or shortness of breath. f THE JOURNAL The third step is calling 911. The ear- The SPEAKER pro tempore. The lier emergency medical personnel can RECOGNIZING AMERICAN HEART Chair has examined the Journal of the begin resuscitation, the better chance MONTH last day’s proceedings and announces of survival. (Mr. GIBBONS asked and was given to the House her approval thereof. Finally, learn CPR. It is important permission to address the House for 1 Pursuant to clause 1, rule I, the Jour- that we maintain this life-saving skill minute and to revise and extend his re- nal stands approved. throughout our lives. One never knows marks.)

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

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VerDate 14-FEB-2001 01:45 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.000 pfrm02 PsN: H14PT1 H328 CONGRESSIONAL RECORD — HOUSE February 14, 2001 Mr. GIBBONS. Madam Speaker, in Ms. ROS-LEHTINEN. Madam Speak- dedication these men and women bring 1963 Congress designated February as er, today is Valentine’s Day; and as we to their work representing our Nation American Heart Month; and today is take the time to shower our loved ones abroad and our principles is an inspira- Valentine’s Day, a day not only about with chocolates, flowers and poems, I tion and an encouragement to all of us. flowers and candy, but also about love ask that we share the most important Their work with NGOs is especially ap- and family. It is fitting that we recog- gift of all, the gift of life. Heart disease preciated. nize and congratulate the efforts of the kills nearly 1 million Americans every The Ambassadors in Thailand, Egypt, American Heart Association and other year and is responsible for over 40 per- Pakistan, and Indonesia, Ambassadors organizations to reduce the enormous cent of the deaths in our country. Hecklinger, Kurtzer, Milam, and burdens, physical, emotional and eco- Every 33 seconds, an American dies Gelbard, have lent their expertise and nomic, that heart disease places on from cardiovascular disease. assistance on various issues and American families. This February marks American projects. In addition, the work of Jef- The fact is that an American dies Heart Month; and unfortunately, too frey Rock, Lowry Taylor, David from cardiovascular disease every 33 many Americans are not prepared to Donahue, Sheldon Rapoport, Susan seconds killing 1 million Americans an- deal with cardiac emergencies. But by Keogh, John Bradshaw, Susan Sutton, nually, about 41 percent of all deaths in becoming familiar with these serious Angie Bryant, and others has been in- the United States. Every American, symptoms, it can mean the difference valuable. young or old, male or female, is at risk. between life and death. Symptoms such Madam Speaker, I commend these in- Madam Speaker, today I encourage as uncomfortable pressure, fullness, dividuals for their important and tire- every American to learn the signs of squeezing or pain in the center of the less work on behalf of our Nation and cardiac arrest and the causes of cardiac chest lasting for more than a few min- the principles on which our Nation disease. Together we can reduce the utes, pain spreading to the shoulders, stands. burden of cardiac disease and its impo- arms or neck, and chest discomfort f sition on our families so that everyone with light-headedness, faintness, NATIONAL CENTER FOR SOCIAL can celebrate not only this day as Val- sweating nausea, or shortness of WORK RESEARCH ACT entine’s Day but many more in the fu- breath. ture. Madam Speaker, this Valentine’s (Mr. RODRIGUEZ asked and was f Day I ask my colleagues to raise given permission to address the House awareness on these matters of the for 1 minute.) CHARACTER EDUCATION heart. It is just one way in which we Mr. RODRIGUEZ. Madam Speaker, (Mr. CLEMENT asked and was given can eliminate our Nation’s number one today the gentleman from Arkansas permission to address the House for 1 killer. (Mr. HUTCHINSON) and I will reintro- minute and to revise and extend his re- f duce the National Center for Social marks.) Work Research Act which would estab- Mr. CLEMENT. Madam Speaker, MONICA, MARC RICH AND A lish a center within the National Insti- later today I will be introducing with PHONY FINE tutes of Health. As a former social the gentleman from Texas (Mr. SMITH) (Mr. TRAFICANT asked and was worker, I believe that this center the Character Learning and Student given permission to address the House would be a tremendous resource not Success Act. Society is growing in- for 1 minute and to revise and extend only to Congress and policymakers but creasingly concerned about the steady his remarks.) also to service providers throughout decline of our Nation’s core ethical val- Mr. TRAFICANT. First there was this country. Social workers are in a ues, especially in our children. Monica. While Congress investigated unique position to offer insight and There exists in Tennessee and across cigars and pantyhose, China was spying recommendations on how to address the country successful character edu- and buying America. Now it is Marc both individual and community soci- cation programs that have improved Rich. True, Rich does not deserve a etal problems. They are on the front school climate, reduced disruptive be- pardon. But once again two big pardons line working with individuals on a day- havior and resulted in higher per- in the form of plea bargains have been to-day basis on issues ranging from ac- forming schools. However, no organiza- overlooked, namely, John Huang and cess to health care, mental health, tion exists that can track these success James Riady, two crooks that illegally child abuse, and family reconciliation. stories, help schools identify their par- funneled cash to the Democrat Na- The establishment of the National ticular needs, and implement effective tional Committee and to investigate Center for Social Work Research would character education programs. That is them now would be double jeopardy. provide us with interdisciplinary, fam- why we are introducing the CLASS Beam me up. ily-centered, and community-based so- Act. This bill would establish a na- What are we coming to, Congress? cial work research that is needed and tional center for character education This was not only slick, this is sick; designed to help us not only in terms of that would provide the most up-to-date and America may someday die because policy but also in terms of service for information about effective character of it. our service providers. I ask my col- education programs and aid schools in I yield back a phony $8 million fine leagues to support this effort, the Na- developing their own programs. for James Riady that will be paid for tional Center for Social Work Re- Character education is becoming a by Chinese Communists who are taking search. national priority in the education re- $100 billion a year in trade surplus out f form debate. We want all of our chil- of America’s economy. INTRODUCTION OF CHARACTER dren to be responsible, upstanding f LEARNING AND STUDENT SUC- members of society. I believe that this COMMENDING FOREIGN SERVICE CESS (CLASS) ACT legislation will help schools create en- WORKERS vironments where such values are fos- (Mr. SMITH of Texas asked and was tered. (Mr. PITTS asked and was given per- given permission to address the House Madam Speaker, I encourage my col- mission to address the House for 1 for 1 minute.) leagues to join us in cosponsoring this minute and to revise and extend his re- Mr. SMITH of Texas. Madam Speak- bill. marks.) er, Americans are concerned about the f Mr. PITTS. Madam Speaker, I rise decline in our Nation’s values, particu- today to commend the numerous for- larly among our children. Parents RECOGNIZING AMERICAN HEART eign service officers working in our should be the primary developers of MONTH embassies around the world and at the character, but educators play an in- (Ms. ROS-LEHTINEN asked and was State Department. I have had the creasingly important role. Many school given permission to address the House pleasure of working with many of these districts have included character edu- for 1 minute and to revise and extend people here in Washington and at our cation in their curriculum. Others have her remarks.) embassies abroad. The tremendous not but would like to do so. Schools

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.003 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H329 need an organization that exists to Stroke of $138 million over fiscal year call up House Resolution 36 and ask for help them identify their particular 1999, for a total of $1.148 billion for the its immediate consideration. needs and implement effective char- current fiscal year. The Clerk read the resolution, as fol- acter education programs. Eighty-one percent of Americans sup- lows: The gentleman from Tennessee (Mr. port increased Federal funding for H. RES. 36 CLEMENT) and I are introducing the heart research, and 78 percent support Resolved, That at any time after the adop- Character Learning and Student Suc- increased Federal funding for stroke tion of this resolution the Speaker may, pur- cess Act. This legislation provides a research. Heart disease, stroke and suant to clause 2(b) of rule XVIII, declare the grant to develop initiatives and dis- other cardiovascular diseases remain House resolved into the Committee of the Whole House on the state of the Union for seminate up-to-date resource informa- this country’s number one killer, caus- ing nearly 960,000 deaths every year, consideration of the bill (H.R. 554) to estab- tion about character education. It also lish a program, coordinated by the National funds a study that will examine wheth- and are a leading cause of long-term Transportation Safety Board, of assistance er or not character education programs disability. to families of passengers involved in rail pas- are effective and sustainable. Cardiovascular disease has claimed senger accidents. The first reading of the bill more lives than the next seven leading Madam Speaker, character education shall be dispensed with. General debate shall causes of death combined. One in five not only cultivates minds, it nurtures be confined to the bill and shall not exceed Americans suffers from cardiovascular one hour equally divided and controlled by hearts. I ask my colleagues to please diseases. Heart disease is the number the chairman and ranking minority member join us in cosponsoring this bill. one killer in Maryland, stroke is the of the Committee on Transportation and In- f number three killer in Maryland, and frastructure. After general debate the bill shall be considered for amendment under the AMERICAN HEART MONTH this reflects the Nation. Let us resolve on this Valentine’s five-minute rule. Each section of the bill (Mrs. CAPPS asked and was given shall be considered as read. During consider- Day to remember what American Heart ation of the bill for amendment, the Chair- permission to address the House for 1 Month is about, to preserve the health minute.) man of the Committee of the Whole may ac- of our loved ones. cord priority in recognition on the basis of Mrs. CAPPS. Madam Speaker, on f whether the Member offering an amendment this day devoted to matters of the has caused it to be printed in the portion of heart, I remind my colleagues that RECOGNIZING FEBRUARY AS the Congressional Record designated for that February is American Heart Month. We AMERICAN HEART MONTH purpose in clause 8 of rule XVIII. Amend- recognize the millions of Americans (Ms. CARSON of Indiana asked and ments so printed shall be considered as read. today struggling with heart disease was given permission to address the At the conclusion of consideration of the bill and recommit ourselves to helping House for 1 minute and to revise and for amendment the Committee shall rise and them. And we acknowledge the efforts extend her remarks.) report the bill to the House with such Ms. CARSON of Indiana. Madam amendments as may have been adopted. The of organizations like the American previous question shall be considered as or- Heart Association which help all of us Speaker, today we recognize February dered on the bill and amendments thereto to prevent and treat heart disease. as American Heart Month. I salute the final passage without intervening motion ex- The theme for Heart Month is ‘‘be American Heart Association and other cept one motion to recommit with or with- prepared for cardiac emergencies.’’ noteworthy organizations’ ongoing ef- out instructions. Each year more than 1 million Ameri- forts to eliminate heart disease, which The SPEAKER pro tempore (Mrs. cans will suffer a heart attack. Too affects millions of Americans every EMERSON). The gentleman from New many of us are not even aware of the year. York (Mr. REYNOLDS) is recognized for warning signs. And too many of us do Cardiovascular diseases are the num- 1 hour. not know what to do to help someone ber one killer of women and men. (Mr. REYNOLDS asked and was who has suffered a heart attack. These diseases currently claim the given permission to revise and extend To that end, today I will reintroduce lives of more than half a million fe- his remarks, and include extraneous legislation, the Teaching Children to males every year. material.) The American Heart Association es- Save Lives Act, to encourage training Mr. REYNOLDS. Madam Speaker, for timates that one in two women will in the classroom. This legislation will the purpose of debate only, I yield the eventually die of heart disease or teach our children about the dangers of customary 30 minutes to the gentle- stroke. African American women face a heart disease, how to prevent it, and woman from New York (Ms. SLAUGH- four times higher risk of dying before TER), pending which I yield myself such how to respond in a cardiac emergency. the age of 60. time as I may consume. During consid- b 1015 Although cardiovascular disease is the leading cause of death among eration of this resolution, all time So I urge my colleagues to support yielded is for the purpose of debate this and other efforts to address the American women, studies show that women still do not recognize their risk, only. scourge of heart disease. Madam Speaker, House Resolution 36 are unaware that their symptoms are f different from men’s, are less likely to is an open rule providing for the con- sideration of H.R. 554, a bill to estab- FEBRUARY, AMERICAN HEART seek treatment when faced with these lish a program coordinated by the Na- MONTH symptoms, and are less likely than men to be referred for diagnostic test- tional Transportation Safety Board, to (Mrs. MORELLA asked and was given ing and treatment by their physicians. offer assistance to the families of pas- permission to address the House for 1 What does this say about our Federal sengers involved in rail passenger acci- minute and to revise and extend her re- health care system? It has not done dents. marks.) enough to address women’s healthcare The rule provides for 1 hour of gen- Mrs. MORELLA. Madam Speaker, as needs. eral debate, equally divided and con- has been mentioned, this is Valentine’s I applaud the work that the Congress trolled by the chairman and the rank- Day, and it has been designated as has done. It successfully passed legisla- ing member of the Committee on American Heart Month. tion dealing with cardiovascular dis- Transportation and Infrastructure. The As a member of the Congressional ease and stroke, but I would urge the rule also provides that the bill shall be Heart and Stroke Coalition, I and oth- 107th Congress to do more in the fight open for amendment by section at any ers of my colleagues will continue to for heart disease research and funding point and authorizes the chairman of work to increase funding for the Na- and to ensure adequate health care ac- the Committee of the Whole to accord tional Institutes of Health. I am cess for all of our citizens. priority in recognition to Members who pleased that for the past 2 years we f have preprinted their amendments in have seen annual increases of 15 per- the CONGRESSIONAL RECORD. Finally, cent for NIH. The previous 2 years’ RAIL PASSENGER DISASTER the rule provides for one motion to re- funding increases for the NIH has FAMILY ASSISTANCE ACT OF 2001 commit, with or without instruction. translated into increases for the Insti- Mr. REYNOLDS. Madam Speaker, by Madam Speaker, I rise in strong sup- tute of Neurological Disorders and direction of the Committee on Rules, I port of the bill before us, H.R. 554, the

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.005 pfrm02 PsN: H14PT1 H330 CONGRESSIONAL RECORD — HOUSE February 14, 2001 Rail Passenger Disaster Family Assist- suspension of the rules last Congress Board, of assistance to families of pas- ance Act. This bill is substantially by a voice vote. sengers involved in rail passenger acci- identical to legislation with the same The measure is intended to deal with dents, with Mrs. EMERSON in the chair. name passed by voice vote in the 106th the tragedy of rail accidents involving The Clerk read the title of the bill. Congress on October 4, 1999. Unfortu- substantial on-board casualties. The The CHAIRMAN. Pursuant to the nately, that legislation was never key features of H.R. 554 include proce- rule, the bill is considered as having taken up by the Senate before the ad- dures to assure timely and sensitive been read the first time. journment of the 106th Congress. handling of information needed by ac- Under the rule, the gentleman from Congress addressed a similar issue in cident victims and their families. This New York (Mr. QUINN) and the gen- 1996 by passing the Aviation Disaster information is coordinated among the tleman from Tennessee (Mr. CLEMENT) Family Assistance Act of 1996. In re- National Transportation Safety Board, each will control 30 minutes. sponse to the Value Jet and TWA 800 the rail passenger carrier, and a des- The Chair recognizes the gentleman tragedies, Congress approved this ignated nonprofit charitable organiza- from New York (Mr. QUINN). measure to coordinate and distribute tion. The designated organization is in Mr. QUINN. Madam Chairman, I information to family members in an charge of providing necessary coun- yield myself such time as I may con- efficient and sensitive manner. seling services, ensuring a private sume. The next logical step for Congress to venue for families to grieve, and assist- Madam Chairman, before I rise in take is to extend the same service to ing families in a variety of matters, in- support of our bill this morning, I families of victims of railroad disas- cluding a possible memorial service. would like to welcome the gentleman ters. The nature of tragedies is that The legislation also protects the vic- from Tennessee (Mr. CLEMENT) as my they occur suddenly and without warn- tims and their families against unsolic- partner on the new Subcommittee on ing. The manner in which these situa- ited and intrusive contacts by attor- Railroads. As I think almost everyone tions are handled in the immediate neys in the immediate post-accident in the House realizes this year, the hours and days following the incident environment, when the families may be Committee on Transportation and In- are critical. Providing information in shock and not emotionally capable frastructure added a separate Sub- quickly and accurately not only saves of making sound decisions about pos- committee on Railroads. The gentleman from Tennessee (Mr. lives, but offers assurances to family sible legal redress. Moreover, the bill CLEMENT) and I have been friends for members and loved ones. also ensures orderly preparedness by quite some time on the full committee; In fact, just last week, on Monday, rail carriers for accidents by requiring and I am delighted to join with him February 5, 2001, an Amtrak train car- comprehensive plans to be in place gov- this next term, the next couple of ing 98 passengers collided with a lum- erning each carrier’s procedures for ber freight train in my home State of years, to bring legislation to the floor. handling post-accident information While we are not able to do commer- New York. Fortunately the accident and family assistance. cial breaks here, I would like to offer was not fatal, but there were sent to Madam Speaker, again, I know of no to Mr. CLEMENT a copy of Stephen area hospitals several who were af- controversy surrounding this measure. Ambrose’s book entitled ‘‘Nothing Like fected by the railroad incident due to Madam Speaker, I have no further re- It in the World,’’ which talks about the serious injuries. quests for time, and I yield back the men and the women who built the This is a poignant example of the balance of my time. Transcontinental Railroad between need to synchronize search and rescue Mr. REYNOLDS. Madam Speaker, I 1863 and 1869, as a reference tool. efforts with the dissemination of infor- yield myself such time as I may con- mation to family members in the face sume. b 1030 of catastrophe. Madam Speaker, just in closing, Having been an English teacher, I say This legislation establishes points of today is a special day for my good to the gentleman, there will not be any contact both within the National friend, the gentleman from New York quiz, but I have my own copy of this. Transportation Safety Board and from (Mr. QUINN), as he now chairs the Sub- As we work our way through those dif- an independent nonprofit organization committee on Railroads. I know how ficult, difficult subcommittee hearings in order to coordinate emotional care proud his mother and father are, as his of ours, we will find some time to re- and support to family members, di- father Jack, Sr., was a career rail- member why we do the work we do rectly addressing the need to keep fam- roader in the Buffalo area. So today I when we see how the people did it for ilies informed. look forward to seeing the gentleman us some century-and-a-half ago. Madam Speaker, I would like to com- from New York (Mr. QUINN) bring this Mr. CLEMENT. Madam Chairman, mend the chairman of the Committee bill on as his first as a subcommittee will the gentleman yield? on Transportation and Infrastructure, chairman. Mr. QUINN. I yield to the gentleman the gentleman from Alaska (Mr. Mr. REYNOLDS. Madam Speaker, I from Tennessee. YOUNG), and the ranking member, the have no further requests for time, I Mr. CLEMENT. Madam Chairman, I gentleman from Minnesota (Mr. OBER- yield back the balance of my time, and thank the gentleman very much for his STAR), for their hard work on this I move the previous question on the gift. measure. resolution. Mr. QUINN. Madam Chairman, I rise I would also like to recognize the ef- The previous question was ordered. in support of the Rail Passenger Dis- forts of my colleague and western New The resolution was agreed to. aster Family Assistance Act, a com- York neighbor, the gentleman from A motion to reconsider was laid on monsense bipartisan bill to address a New York (Mr. QUINN), the newly ap- the table. gap in our current transportation laws. pointed chairman of the Subcommittee The SPEAKER pro tempore (Mr. The bill is substantially identical to on Railroads. REYNOLDS). Pursuant to House Resolu- H.R. 2681 approved by the Committee Madam Speaker, I urge my col- tion 36 and rule XVIII, the Chair de- on Transportation and Infrastructure leagues to support this rule and the un- clares the House in the Committee of in the full House, I might add, in our derlying legislation. the Whole House on the State of the last 106th Congress, but never acted Madam Speaker, I reserve the bal- Union for the consideration of the bill, upon by the other body in the Senate. ance of my time. H.R. 554. I am pleased that this is the first Ms. SLAUGHTER. Madam Speaker, I piece of legislation from our com- b 1027 yield myself such time as I may con- mittee under our new chairman, the sume. IN THE COMMITTEE OF THE WHOLE gentleman from Alaska (Mr. YOUNG). Madam Speaker, I thank the gen- Accordingly, the House resolved As chairman of the newly formed Sub- tleman for yielding me the customary itself into the Committee of the Whole committee on Railroads, I strongly 30 minutes. House on the State of the Union for the support the bill, and urge our col- Madam Speaker, I rise in support of consideration of the bill (H.R. 554) to leagues to do the same. this open rule. The underlying bill is establish a program, coordinated by Members may recall that several noncontroversial and was passed under the National Transportation Safety years ago after some terrible, terrible

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.008 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H331 incidents, most notably the 1996 law in the event of an accident, the bill injured or deceased, but instead having ValuJet and TWA crashes, the families requires each carrier to prepare a re- to wait for hours to get any word, and of crash victims were poorly treated by sponse plan and to submit that plan to at the same time, being hounded by the carriers, the media, and by some the Department of Transportation and lawyers for a lawsuit. lawyers. the NTSB within 6 months of enact- This legislation addresses all of those The Congress responded by enacting ment detailing how the carrier will issues. It calls for the rail passenger an aviation law that placed the Na- carry out the specific family assistance carrier to have a plan for providing and tional Transportation Safety Board obligations under the law. publicizing a toll-free number for fami- and suitable private charitable organi- Let me also note for the RECORD, lies to call. The carrier must outline a zations in charge of coordinating ef- Madam Chairman, that when the sub- process for notifying the families be- forts to protect the privacy of crash stantially identical bill was reviewed fore notifying the public. This notifica- victims’ families, and to assure that by the Congressional Budget Office, tion should be carried out in person, they receive the most current informa- CBO stated in its estimate in August of when possible. tion possible from the carrier. 1999 that this legislation ‘‘would have This legislation ensures that families The law has been quite successful in no significant impact on the Federal will be consulted about all remains and improving the situation for crash vic- budget.’’ personal effects, to the best of the rail tims’ families. Since its enactment, it As to intergovernmental mandates, passenger carrier’s ability. It says has been updated and expanded in 1997, CBO found that the bill would not re- these possessions will be returned to and again in 1999. quire States to change laws or take ac- the family unless needed for the crash Today, H.R. 554, this bill that the tion. There would be no significant investigation, and that unclaimed pos- gentleman from Tennessee and I bring State costs, and these or any costs in- sessions will be held for 18 months. to the floor, is virtually a clone of that volved would not meet the threshold Madam Chairman, this legislation aviation law, but it is applied to rail minimum of the Unfunded Mandates gives the families of all passengers the passenger service, both intercity and Act reform. right to be consulted about the con- high-speed rail. The details of these evaluations, of struction by the rail passenger carrier Although Amtrak is currently the course, are printed in the report of the of any monument for the disaster vic- principal provider of intercity rail pas- predecessor bill on House Report 106– tims. It designates a point of contact senger service, a number of States are 313. I urge prompt approval and careful person to act as a liaison for families. considering forming compacts to sup- consideration of a very bipartisan com- It provides for mental health and coun- port their own bid for rail passenger monsense approach. seling services for family members, and services. Madam Chairman, I reserve the bal- it prohibits unsolicited communica- We understand that, Madam Chair- ance of my time. tions concerning lawsuits. man, necessarily this bill cannot track Mr. CLEMENT. Madam Chairman, I These assurances extend to the fami- the aviation statute exactly. We under- yield myself such time as I may con- lies of the employees, as well as the stand that. For example, some pas- sume. passengers, as all deserve, compas- senger trains with unreserved open Madam Chairman, I want to con- sionate treatment. Every time we put a boarding situations will not have a gratulate my good friend, my col- loved one on a train in this country, we definite passenger manifest sheet com- league, the gentleman from the great should feel confident that he or she is parable to an airline passenger list. State of New York (Mr. QUINN), on be- safe. Should a tragic accident occur, Generally, however, this bill follows coming chairman of the Subcommittee however, we have a right to know we the aviation model. on Railroads. will be informed, treated fairly, and The National Transportation Safety I want to also thank him for this helped through the process. Board is given the authority to invoke wonderful book about building the This legislation does just that. The the procedures of the bill, including transcontinental railroad. He knows Railroad Passenger Disaster Family designating the NTSB Director of Fam- that I am a big railroad buff, and I Assistance Act offers the same treat- ily Support Services for the accident as might say that my father-in-law, Noble ment to families affected by rail disas- a point of contact for all the families, Carson, was an old railroad employee ters as we currently ensure for those and to act as liaison between the fami- from the old L&N Railroad in Nash- affected by airline disasters. Legis- lies and the passenger carrier. ville, Tennessee, where he retired. He is lating consistent treatment for both The NTSB has also authorized a des- now deceased. these groups is the fair thing and the ignated independent charitable organi- I am a former college president and I right thing to do. zation, for example, the American Red am a real historian anyway of the his- As an advocate of increased pas- Cross, for coordinating emotional care tory of this country, and how we have senger rail alternatives for our trav- and support activities for the families. been able to build that trans- eling population, I feel very strongly NTSB is also made primarily respon- continental railroad in just a few that this legislation is exactly the type sible at the Federal level for facili- years. In this book, it describes how of framework we need in place to deal tating recovery and identification of one can build a railroad in just a few with unforeseen tragedies. While we victims, and providing relevant infor- years, so we ought to be able to do work harder and invest more funds to mation to the same families. great things working together on a bi- prevent such rail incidents, we still The rail carrier itself in this bill is partisan basis on behalf of the Com- must be prepared at all times to react required to cooperate with the des- mittee on Railroads and our colleagues appropriately and in a timely manner. ignated charitable organization to pro- in this great country. I am very pleased that this Congress vide mental health and counseling Madam Chairman, I rise to express is moving so quickly to pass H.R. 554. I services to the families, provide for a my support for the Rail Passenger Dis- urge our Senate colleagues to move private grieving environment, to main- aster Family Assistance Act of 2001. quickly on passage so we can give this tain contact with the families, and also This legislation gives relatives of those bill to President Bush as soon as pos- to arrange any appropriate memorial injured or killed in railroad accidents sible. service. the same rights as the families of air- Madam Chairman, I reserve the bal- The NTSB is also required to give line disaster victims. ance of my time. prior briefings to the families before These families deserve the same sen- Mr. QUINN. Madam Chairman, I public disclosure of any information sitive treatment we afford to others yield myself such time as I may con- about the accident. Unsolicited attor- following air disasters. What could be sume. ney contacts with the families or vic- worse than having someone you love I would like to thank the gentleman tims themselves, other than the rail- involved in a railroad disaster, only to from Tennessee (Mr. CLEMENT). I also road employees, are prohibited for 45 find that there is no place to call for would like to take this opportunity to days following the accident. information, no one to explain whether thank the staff on our side and his side To ensure that the rail and passenger one’s husband, wife, son, or daughter for preparing the legislation this morn- carriers are prepared to implement the was on that train, whether they were ing.

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.011 pfrm02 PsN: H14PT1 H332 CONGRESSIONAL RECORD — HOUSE February 14, 2001 While we will receive a lot of advice nating the emotional care and support of the In particular, the Association strongly during the course of his term, in the families of passengers involved in the acci- supports sec. 5. This provision states the next few years I am expecting advice dent. At such trying times, it is extremely im- sense of Congress that state bar associations from the gentleman and his staff, from should adopt rules prohibiting unsolicited portant that families be handled by individuals contact concerning a legal action with vic- my staff and others, but I am also ex- and organizations experienced in providing tims or aggrieved families within 30 days of pecting some advice from one Jack compassionate assistance. an accident. ATLA’s longstanding Code of Quinn, Senior, back home in Buffalo, I would like to stress, however, that this leg- Contact goes even further, and entirely pro- New York, who put in over 30 years at islation is not in response to any inaction or hibits unsolicited contact, regardless of the South buffalo Railroad, who will any inappropriate actions by Amtrak. Indeed, when the accident occurred. We believe that also offer me some advice, and offered Amtrak has already adopted many of the ele- the 30 day time period you provide in the bill me a little this morning already. He ments called for in this bill, and Amtrak sup- is a reasonable minimum period during called to say that I need a haircut. As ports this bill that largely codifies its current which victims and their families should not be bothered against their will with the some- we go through this, I look forward to practices. However, under the Amtrak Reform times painful question of compensation. working with the gentleman from Ten- and Accountability Act of 1997, Amtrak is no However, we urge the committee to go fur- nessee. longer the only railroad that can conduct inter- ther, by strengthening this bill to also pro- Mr. OBERSTAR. Madam Chairman, I rise in state rail passenger operations. Since that law hibiting unsolicited contact by anyone con- strong support of H.R. 554, the Rail Pas- was enacted, a number of states have begun cerning potential claims they or their loved senger Disaster Family Assistance Act of efforts to launch new conventional or high- ones may have. Until a family decides to 2001. speed rail passenger services. Therefore, we consider its options with regard to com- Although passenger trains are a very safe pensation, no party should take advantage of need to be prepared for a future of multiple them during this delicate emotional time.— way for people to travel, even railroads some- rail passenger service providers. (Association of Trial Lawyers of America, times have accidents that cause serious inju- One element of this bill I find particularly im- September 10, 1996) ries and loss of life. When rail passenger acci- portant is the prohibition against unsolicited I applaud the Association of Trial Lawyers dents do happen, they can occur in relatively communications by attorneys until 45 days fol- and the many State Bar Associations that remote locations and/or in the middle of the lowing an accident. In times of tragedy, family have supported our efforts to stop this uneth- night. Moden communications allow for the members are especially vulnerable to the un- ical conduct. I look forward to working with the transmission of news of the event to travel scrupulous who would prey upon them. Only Administration to address any new concerns around the nation only minutes after it hap- last week, an Amtrak passenger train rear- that it has. pens. Families with relatives on board can ended a CSX freight train just outside of Syra- We have provided some solace to the fami- only hope and pray that their loved ones were cuse, NY. More than 60 people were injured, lies of victims of aviation disasters. We should not among those killed or injured. In some many of whom were physically challenged and do no less for those who choose to ride our cases, the families are not even certain wheth- traveling as a group. Along with the emer- nation’s passenger trains. er their loved one was on the train that had gency responders, there were two men at the Mr. RAHALL. Madam Chairman, I am the accident. The tragic accident at Bourbon- scene soliciting for legal work related to the pleased to support the Rail Passenger Family nais, IL, in March 1999 that took the lives of accident. The men were handing out business Assistance Act. This bill should be enacted 11 Amtrak passengers and injured 49 others cards and other material. This kind of shame- into law because it is the honorable thing to was the most recent such tragedy. less behavior is unethical; our bill would make do. In the 106th Congress, I cosponsored a At these times, it is imperative that the it also illegal. similar bill, H.R. 2681, which the House needs of the families of the accident victims Although I am pleased that in its Statement passed on October 4, 1999, by voice vote, but be treated with as much compassion as pos- of Administration Policy the Bush Administra- the Senate did not act on the bill. I look for- sible and that their need for information about tion supports passage of this important bill, I ward to a different outcome this year. their loved ones be promptly and accurately am concerned that the Administration indi- We all hope and pray that our constituents addressed. cates that it believes there may be First will get to their destinations safely while trav- The purpose of this legislation is to help cre- Amendment problems with this section of the eling. But the harsh reality is that sometimes ate a process that, at a minimum, does not bill (Section 2(g)(2)). To the best of my knowl- tragedies do occur. Sometimes a plane or make an already highly emotional situation edge, the Administration has not contacted the train crashes, causing a major loss of life. even more traumatic for family members. It re- Committee to outline the reasons for its con- In times like these, when families face the quires that all passenger railroads engaged in cerns with the prohibition on unsolicited con- shock and pain of losing a loved one, the least interstate transportation submit a plan to the tact by attorneys after a rail accident. I hope we can do is provide every possible consider- Secretary of Transportation and the Chairman that the Administration is aware of the 1995 ation to them, including grief counseling and of the National Transportation Safety Board Supreme Court decision in Florida Bar v. Went general emotional support, ensuring their pri- (NTSB) to address the needs of families of For It, Inc., in which the Court ruled that the vacy, and helping them to arrange a fitting passengers involved in any railroad accident First Amendment did not prohibit the Florida memorial service. where there is major loss of life. The plan Bar from prohibiting lawyers from sending tar- After the Valujet and TWA 800 airplane must address a number of key areas, includ- geted direct mail solicitations to victims and tragedies in 1996, this type of family assist- ing the publication of a reliable toll-free num- relatives for 30 days after an accident. I see ance was established for the families of loved ber to handle calls from family members, pro- no difference between this decision and the ones lost in airplane crashes, but such serv- cedures for developing passenger lists, and a prohibition in our bill. ices do not exist for families of those lost in process for notifying family members. In addi- In addition, I hope the Administration is interstate and intercity rail passenger service. tion, the plan must specify the ongoing obliga- aware that, under current law, this same type While Amtrak has established an informal tions (such as the disposition of the traveler’s of prohibition applies to unsolicited commu- family-assistance program, there is no federal personal effects) that the carrier has with re- nications to families of the victims of airline law requiring these services for families of vic- spect to the information and services to be crashes. In the Aviation Disaster Family As- tims of railroad disasters. In addition, because provided to the family members throughout the sistance Act of 1996, we recognized the im- the 1997 Amtrak Reform and Accountability duration of the disaster. portance of the need to provide families of air- Act mandated competition in intercity rail pas- In recognition of the need for a professional craft accident victims with reliable information senger service, Amtrak will no longer be the and reliable focal point to be responsible for and compassionate treatment. I have spoken sole rail carrier. New rail carriers will be estab- interacting with family members, H.R. 554 pro- with aviation accident families and they have lished to compete with Amtrak. Such competi- vides that the Chairman of the National Trans- told me that the 1996 legislation has worked tion demonstrates the need for the Federal portation Safety Board will identify a Board well in assisting families in the most difficult of Government to enact a family assistance pro- employee to serve as the Federal Govern- times. During our consideration of that Act, the gram. ment’s point of contact and serve as a liaison Association of Trial Lawyers of America wrote Under the Rail Passenger Disaster Family between the railroads and the family mem- to the Committee regarding that Act’s aviation Assistance Act that we are considering today, bers. The bill further instructs the NTSB Chair- disaster assistance provisions and stated, in a program will be established modeled after man to designate an independent nonprofit or- relevant part: the program that was established for families ganization that has experience with disaster * * * This legislation will lend much-need- of victims of airline disasters. relief efforts, such as the Red Cross or the ed support to the families of victims of air- The National Transportation Safety Board Salvation Army, to be responsible for coordi- line disasters. (NTSB) will designate one of its employees to

VerDate 14-FEB-2001 01:45 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K14FE7.012 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H333 be the contact person within the Federal Gov- dent within the United States involving a on a list obtained under paragraph (1) but ernment with victims’ families. That person’s rail passenger carrier and resulting in a may provide information on the list about a name and telephone number will be published, major loss of life, the Chairman of the Na- passenger to the family of the passenger to tional Transportation Safety Board shall— the extent that the director of family sup- and the person will be the liaison between the ‘‘(1) designate and publicize the name and port services or the organization considers victims’ families and the rail carrier. phone number of a director of family support appropriate. The NTSB will then designate an inde- services who shall be an employee of the ‘‘(e) CONTINUING RESPONSIBILITIES OF THE pendent disaster-assistance organization, such Board and shall be responsible for acting as BOARD.—In the course of its investigation of as the Red Cross, to focus on the emotional a point of contact within the Federal Gov- an accident described in subsection (a), the needs of the families: providing grief coun- ernment for the families of passengers in- Board shall, to the maximum extent prac- seling and a private place in which to grieve, volved in the accident and a liaison between ticable, ensure that the families of pas- helping them to arrange memorial services the rail passenger carrier and the families; sengers involved in the accident— and and funeral arrangements, and preventing ‘‘(1) are briefed, prior to any public brief- ‘‘(2) designate an independent nonprofit or- ing, about the accident and any other find- contact by lawyers, or their agents, for 45 ganization, with experience in disasters and ings from the investigation; and days after the tragedy, in order to help families posttrauma communication with families, ‘‘(2) are individually informed of and al- to begin the healing process before taking any which shall have primary responsibility for lowed to attend any public hearings and possible legal action. coordinating the emotional care and support meetings of the Board about the accident. It is my hope that our constituents across of the families of passengers involved in the ‘‘(f) USE OF RAIL PASSENGER CARRIER RE- the Nation will get to their destinations safely accident. SOURCES.—To the extent practicable, the or- ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The when traveling by interstate or intercity rail, ganization designated for an accident under Board shall have primary Federal responsi- subsection (a)(2) shall coordinate its activi- whether it be the Amtrak Cardinal Line which bility for— passes through West Virginia between Hun- ties with the rail passenger carrier involved ‘‘(1) facilitating the recovery and identi- in the accident to facilitate the reasonable tington and White Sulphur Springs, or any fication of fatally injured passengers in- use of the resources of the carrier. volved in an accident described in subsection other carrier anywhere in the Nation. However, ‘‘(g) PROHIBITED ACTIONS.— (a); and when a rail tragedy does happen, we must ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No provide every possible consideration to vic- ‘‘(2) communicating with the families of person (including a State or political sub- passengers involved in the accident as to the tim’s families to help them through the trag- division) may impede the ability of the roles of— Board (including the director of family sup- edy. This bill does that. ‘‘(A) the organization designated for an ac- Finally, the Rail Passenger Disaster Family port services designated for an accident cident under subsection (a)(2); under subsection (a)(1)), or an organization Assistance Act will have no significant impact ‘‘(B) Government agencies; and on the Federal budget, based on the Congres- designated for an accident under subsection ‘‘(C) the rail passenger carrier involved, (a)(2), to carry out its responsibilities under sional Budget Office estimate for H.R. 2681, with respect to the accident and the post-ac- this section or the ability of the families of the bill passed by the House in 1999. There- cident activities. passengers involved in the accident to have ‘‘(c) RESPONSIBILITIES OF DESIGNATED OR- fore, I encourage the Senate to consider the contact with one another. GANIZATION.—The organization designated bill as soon as possible, and the President for an accident under subsection (a)(2) shall ‘‘(2) UNSOLICITED COMMUNICATIONS.—No un- sign it into law, for the sake of victims’ have the following responsibilities with re- solicited communication concerning a poten- families. spect to the families of passengers involved tial action for personal injury or wrongful Mr. CLEMENT. Madam Chairman, I in the accident: death may be made by an attorney (includ- have no further requests for time, and ‘‘(1) To provide mental health and coun- ing any associate, agent, employee, or other I yield back the balance of my time. seling services, in coordination with the dis- representative of an attorney) or any poten- aster response team of the rail passenger tial party to the litigation to an individual Mr. QUINN. Madam Chairman, I have (other than an employee of the rail pas- no further requests for time, and I carrier involved. ‘‘(2) To take such actions as may be nec- senger carrier) injured in the accident, or to yield back the balance of my time. a relative of an individual involved in the ac- The CHAIRMAN. All time for general essary to provide an environment in which the families may grieve in private. cident, before the 45th day following the date debate has expired. ‘‘(3) To meet with the families who have of the accident. The bill shall be considered by sec- traveled to the location of the accident, to ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT tions as an original bill for the purpose contact the families unable to travel to such MENTAL HEALTH AND COUNSELING SERVICES.— of amendment, and pursuant to the location, and to contact all affected families No State or political subdivision may pre- rule, each section is considered read. periodically thereafter until such time as vent the employees, agents, or volunteers of During consideration of the bill for the organization, in consultation with the an organization designated for an accident under subsection (a)(2) from providing men- amendment, the Chair may accord pri- director of family support services des- ignated for the accident under subsection tal health and counseling services under sub- ority in recognition to a Member offer- section (c)(1) in the 30-day period beginning ing an amendment that he or she has (a)(1), determines that further assistance is no longer needed. on the date of the accident. The director of printed in the designated place in the ‘‘(4) To arrange a suitable memorial serv- family support services designated for the CONGRESSIONAL RECORD. Those amend- ice, in consultation with the families. accident under subsection (a)(1) may extend ments will be considered read. ‘‘(d) PASSENGER LISTS.— such period for not to exceed an additional 30 The Clerk will designate section 1. ‘‘(1) REQUESTS FOR PASSENGER LISTS.— days if the director determines that the ex- The text of section 1 is as follows: ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUP- tension is necessary to meet the needs of the Be it enacted by the Senate and House of Rep- PORT SERVICES.—It shall be the responsibility families and if State and local authorities resentatives of the United States of America in of the director of family support services are notified of the determination. Congress assembled, designated for an accident under subsection ‘‘(h) DEFINITIONS.—In this section, the fol- lowing definitions apply: SECTION 1. SHORT TITLE. (a)(1) to request, as soon as practicable, from ‘‘(1) RAIL PASSENGER ACCIDENT.—The term This Act may be cited as the ‘‘Rail Pas- the rail passenger carrier involved in the ac- ‘rail passenger accident’ means any rail pas- senger Disaster Family Assistance Act of cident a list, which is based on the best senger disaster occurring in the provision 2001’’. available information at the time of the re- quest, of the names of the passengers that of— The CHAIRMAN. Are there any were aboard the rail passenger carrier’s train ‘‘(A) interstate intercity rail passenger amendments to section 1? involved in the accident. A rail passenger transportation (as such term is defined in If not, the Clerk will designate sec- carrier shall use reasonable efforts, with re- section 24102); or tion 2. spect to its unreserved trains, and pas- ‘‘(B) interstate or intrastate high-speed The text of section 2 is as follows: sengers not holding reservations on its other rail (as such term is defined in section 26105) SEC. 2. ASSISTANCE BY NATIONAL TRANSPOR- trains, to ascertain the names of passengers transportation, TATION SAFETY BOARD TO FAMI- aboard a train involved in an accident. regardless of its cause or suspected cause. LIES OF PASSENGERS INVOLVED IN ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA- ‘‘(2) RAIL PASSENGER CARRIER.—The term RAIL PASSENGER ACCIDENTS. TION.—The organization designated for an ac- ‘rail passenger carrier’ means a rail carrier (a) IN GENERAL.—Subchapter III of chapter cident under subsection (a)(2) may request providing— 11 of title 49, United States Code, is amended from the rail passenger carrier involved in ‘‘(A) interstate intercity rail passenger by adding at the end the following: the accident a list described in subparagraph transportation (as such term is defined in ‘‘§ 1138. Assistance to families of passengers (A). section 24102); or involved in rail passenger accidents ‘‘(2) USE OF INFORMATION.—The director of ‘‘(B) interstate or intrastate high-speed ‘‘(a) IN GENERAL.—As soon as practicable family support services and the organization rail (as such term is defined in section 26105) after being notified of a rail passenger acci- may not release to any person information transportation,

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.014 pfrm02 PsN: H14PT1 H334 CONGRESSIONAL RECORD — HOUSE February 14, 2001 except that such term shall not include a the organization designated for the accident ‘‘(1) the terms ‘rail passenger accident’ and tourist, historic, scenic, or excursion rail under section 1138(a)(2) of this title, imme- ‘rail passenger carrier’ have the meanings carrier. diately upon request, a list (which is based such terms have in section 1138 of this title; ‘‘(3) PASSENGER.—The term ‘passenger’ in- on the best available information at the time and cludes— of the request) of the names of the pas- ‘‘(2) the term ‘passenger’ means a person ‘‘(A) an employee of a rail passenger car- sengers aboard the train (whether or not aboard a rail passenger carrier’s train that is rier aboard a train; such names have been verified), and will pe- involved in a rail passenger accident. ‘‘(B) any other person aboard the train riodically update the list. The plan shall in- ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- without regard to whether the person paid clude a procedure, with respect to unreserved TION.—Nothing in this section may be con- for the transportation, occupied a seat, or trains and passengers not holding reserva- strued as limiting the actions that a rail pas- held a reservation for the rail transpor- tions on other trains, for the rail passenger senger carrier may take, or the obligations tation; and carrier to use reasonable efforts to ascertain that a rail passenger carrier may have, in ‘‘(C) any other person injured or killed in the names of passengers aboard a train in- providing assistance to the families of pas- the accident. volved in an accident. sengers involved in a rail passenger acci- ‘‘(i) LIMITATION ON STATUTORY CONSTRUC- ‘‘(5) An assurance that the family of each dent.’’. TION.—Nothing in this section may be con- passenger will be consulted about the dis- (b) CONFORMING AMENDMENT.—The table of strued as limiting the actions that a rail pas- position of all remains and personal effects chapters for subtitle V of title 49, United senger carrier may take, or the obligations of the passenger within the control of the States Code, is amended by adding after the that a rail passenger carrier may have, in rail passenger carrier. item relating to chapter 249 the following providing assistance to the families of pas- ‘‘(6) An assurance that if requested by the new item: sengers involved in a rail passenger acci- family of a passenger, any possession of the ‘‘251. FAMILY ASSISTANCE ...... 25101’’. dent.’’. passenger within the control of the rail pas- The CHAIRMAN. Are there any (b) CONFORMING AMENDMENT.—The table of senger carrier (regardless of its condition) amendments to the bill? sections for such chapter is amended by in- will be returned to the family unless the pos- serting after the item relating to section 1137 session is needed for the accident investiga- If not, under the rule, the Committee the following: tion or any criminal investigation. rises. ‘‘1138. Assistance to families of passengers ‘‘(7) An assurance that any unclaimed pos- Accordingly, the Committee rose; involved in rail passenger acci- session of a passenger within the control of and the Speaker pro tempore (Mr. dents.’’. the rail passenger carrier will be retained by LAHOOD) having assumed the chair, The CHAIRMAN. Are there any the rail passenger carrier for at least 18 Mrs. EMERSON, Chairman of the Com- amendments to section 2? months. mittee of the Whole House on the State ‘‘(8) An assurance that the family of each of the Union, reported that that Com- If not, the Clerk will designate sec- passenger or other person killed in the acci- tion 3. dent will be consulted about construction by mittee, having had under consideration The text of section 3 is as follows: the rail passenger carrier of any monument the bill (H.R. 554) to establish a pro- SEC. 3. RAIL PASSENGER CARRIER PLANS TO AD- to the passengers, including any inscription gram, coordinated by the National DRESS NEEDS OF FAMILIES OF PAS- on the monument. Transportation Safety Board, of assist- SENGERS INVOLVED IN RAIL PAS- ‘‘(9) An assurance that the treatment of SENGER ACCIDENTS. ance to families of passengers involved the families of nonrevenue passengers will be (a) IN GENERAL.—Part C of subtitle V of in rail passenger accidents, pursuant to the same as the treatment of the families of title 49, United States Code, is amended by House Resolution 36, she reported the revenue passengers. adding at the end the following new chapter: bill back to the House. ‘‘(10) An assurance that the rail passenger ‘‘CHAPTER 251—FAMILY ASSISTANCE carrier will work with any organization des- The SPEAKER pro tempore. Under ‘‘Sec. ignated under section 1138(a)(2) of this title the rule, the previous question is or- ‘‘25101. Plans to address needs of families of on an ongoing basis to ensure that families dered. passengers involved in rail pas- of passengers receive an appropriate level of The question is on the engrossment senger accidents. services and assistance following each acci- and third reading of the bill. ‘‘§ 25101. Plans to address needs of families dent. The bill was ordered to be engrossed of passengers involved in rail passenger ac- ‘‘(11) An assurance that the rail passenger and read a third time, and was read the cidents carrier will provide reasonable compensation third time. ‘‘(a) SUBMISSION OF PLANS.—Not later than to any organization designated under section 1138(a)(2) of this title for services provided by The SPEAKER pro tempore. The 6 months after the date of the enactment of question is on the passage of the bill. this section, each rail passenger carrier shall the organization. submit to the Secretary of Transportation ‘‘(12) An assurance that the rail passenger The question was taken; and the and the Chairman of the National Transpor- carrier will assist the family of a passenger Speaker pro tempore announced that tation Safety Board a plan for addressing the in traveling to the location of the accident the ayes appeared to have it. needs of the families of passengers involved and provide for the physical care of the fam- Mr. QUINN. Mr. Speaker, on that I in any rail passenger accident involving a ily while the family is staying at such loca- demand the yeas and nays. train of the rail passenger carrier and result- tion. The yeas and nays were ordered. ing in a major loss of life. ‘‘(13) An assurance that the rail passenger carrier will commit sufficient resources to The SPEAKER pro tempore. Under ‘‘(b) CONTENTS OF PLANS.—A plan to be clause 8 of rule XX, further proceedings submitted by a rail passenger carrier under carry out the plan. subsection (a) shall include, at a minimum, ‘‘(14) An assurance that the rail passenger on this question will be postponed. the following: carrier will provide adequate training to the f ‘‘(1) A plan for publicizing a reliable, toll- employees and agents of the carrier to meet free telephone number, and for providing the needs of survivors and family members b 1045 following an accident. staff, to handle calls from the families of the JOHN JOSEPH MOAKLEY UNITED passengers. ‘‘(15) An assurance that, upon request of ‘‘(2) A process for notifying the families of the family of a passenger, the rail passenger STATES COURTHOUSE the passengers, before providing any public carrier will inform the family of whether the Mr. LATOURETTE. Mr. Speaker, pur- notice of the names of the passengers, either passenger’s name appeared on any prelimi- suant to the order of the House of by utilizing the services of the organization nary passenger manifest for the train in- volved in the accident. Tuesday, February 13, 2001, I call up designated for the accident under section the bill (H.R. 559) to designate the 1138(a)(2) of this title or the services of other ‘‘(c) LIMITATION ON LIABILITY.—A rail pas- suitably trained individuals. senger carrier shall not be liable for damages United States courthouse located at 1 ‘‘(3) An assurance that the notice described in any action brought in a Federal or State Courthouse Way in Boston, Massachu- in paragraph (2) will be provided to the fam- court arising out of the performance of the setts, as the ‘‘John Joseph Moakley ily of a passenger as soon as the rail pas- rail passenger carrier in preparing or pro- United States Courthouse,’’ and ask for senger carrier has verified that the passenger viding a passenger list, or in providing infor- its immediate consideration in the was aboard the train (whether or not the mation concerning a train reservation, pur- House. names of all of the passengers have been suant to a plan submitted by the rail pas- The Clerk read the title of the bill. senger carrier under subsection (b), unless verified) and, to the extent practicable, in The text of H.R. 559 is as follows: person. such liability was caused by conduct of the ‘‘(4) An assurance that the rail passenger rail passenger carrier which was grossly neg- H.R. 559 carrier will provide to the director of family ligent or which constituted intentional mis- Be it enacted by the Senate and House of Rep- support services designated for the accident conduct. resentatives of the United States of America in under section 1138(a)(1) of this title, and to ‘‘(d) DEFINITIONS.—In this section— Congress assembled,

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.004 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H335 SECTION 1. DESIGNATION. After his first term in the House, day, he knows probably better than The United States courthouse located at 1 Congressman MOAKLEY was appointed most of us the miracles of medical Courthouse Way in Boston, Massachusetts, to the Committee on Rules. He later science. shall be known and designated as the ‘‘John Madam Speaker, I have seen him im- Joseph Moakley United States Courthouse’’. became chair of the Committee on Rules in 1989. He is now serving as the merse himself in constituent casework. SEC. 2. REFERENCES. Any reference in a law, map, regulation, Committee on Rules ranking member. If someone stops him at a local diner or document, paper, or other record of the With his affable personality, he was on the street with a problem, JOE United States to the United States court- able to give everyone a fair shake that MOAKLEY is immediately on the phone, house referred to in section 1 shall be deemed came before his committee, even dur- usually using some very colorful lan- to be a reference to the ‘‘John Joseph Moak- ing some of the more than difficult po- guage to get his point across in order ley United States Courthouse’’. litical debates that we, from time to to solve that problem. And I have even The SPEAKER pro tempore (Mrs. time, have in this Chamber. seen JOE stare down death squads in El EMERSON). Pursuant to the order of the In addition to his work on the Com- Salvador. House of Tuesday, February 13, 2001, mittee on Rules and being an ardent JOE MOAKLEY’s commitment to the gentleman from Ohio (Mr. supporter for South Boston’s transpor- human rights in that war-torn country LATOURETTE) and the gentleman from tation infrastructure, Congressman played a mighty role in ending the Sal- Massachusetts (Mr. MCGOVERN) each MOAKLEY continues to be dedicated to vadoran war, which caused over 80,000 will control 30 minutes. ending human rights violations around innocent civilians’ lives. The Chair recognizes the gentleman the world, particularly in Central I returned to El Salvador with JOE in from Ohio (Mr. LATOURETTE). America. This naming is a fitting trib- November of 1999 to mark the 10th an- Mr. LATOURETTE. Madam Speaker, ute to our colleague. niversary of the murder of the 6 Jesuit I yield myself such time as I may con- Madam Speaker, I support the bill priests, the case in which JOE success- sume. and encourage my colleagues to join in fully exposed the truth. Madam Speaker, as I begin my re- support. Everywhere we went in El Salvador, marks on H.R. 559, I want to thank and Madam Speaker, I reserve the bal- even in the most remote villages, peo- commend our colleague, the gentleman ance of my time. ple remembered what he did. They from Massachusetts (Mr. MCGOVERN) Mr. MCGOVERN. Madam Speaker, I would come up and give him a big hug for one, not only bringing this matter yield myself such time as I may con- and say thank you and tell him how before the attention of the House, but sume. much he impacted their lives. also for pushing for its expedited con- Madam Speaker, I want to thank my In return, JOE would sing his favorite sideration. colleague, the gentleman from Ohio Irish tunes, if you are Irish, Come Into I was in my district in Ohio as all (Mr. LATOURETTE), for his cooperation the Parlor, or Southey, My Hometown, Members were earlier this week. They on this matter. I want to thank the or his personal favorite, Redhead, and I all were not in Ohio, they were all in leadership, the Republican leadership am not sure that they knew what the their districts. And the gentleman and the Democratic leadership, for all heck he was singing, but they all fell in from Massachusetts (Mr. MCGOVERN) their cooperation, and, in particular, love with him. They all appreciated was kind enough to call and indicate the gentleman from Illinois (Mr. what he did and they will remember this was a bill that was not only de- HASTERT) and the gentleman from him forever. serving of the body’s attention, but it Texas (Mr. ARMEY), the majority lead- In 1996, I was elected to the United was deserving of expedited attention. er; the gentleman from Alaska (Mr. States Congress, and I would not have Madam Speaker, I also want to com- YOUNG), the chairman of the Com- won that race if it were not for JOE mend the leadership of the House for mittee on Transportation and Infra- MOAKLEY. There is no way that I can giving it every consideration. structure; as I mentioned, the gen- adequately say thank you to him for Madam Speaker, H.R. 559 designates tleman from Ohio (Mr. LATOURETTE), helping me realize my dream. the United States courthouse located as well as the gentleman from Missouri Today we are naming the U.S. court- at 1 Boston Way in Boston, Massachu- (Mr. GEPHARDT), the minority leader; house in Boston, a building that, quite setts as the John Joseph Moakley and the gentleman from Minnesota frankly, would not be there if it were United States Courthouse. It is only (Mr. OBERSTAR), and the gentleman not for JOE MOAKLEY. We are naming it fitting that the courthouse in Boston from Illinois (Mr. COSTELLO). the John Joseph Moakley Federal bear the name of our witty, compas- I really appreciate everybody here Courthouse. sionate and amiable colleague in the working together to move this legisla- It is an appropriate tribute for two House. tion to the floor expeditiously, and it is reasons. First, that new courthouse is Mr. MOAKLEY has been a staple in for our very dear friend, JOE MOAKLEY. already serving as a catalyst for eco- this body since his election to the Madam Speaker, this is a very spe- nomic development in that area of House in 1972. Congressman Moakley cial moment for me. JOE MOAKLEY has South Boston with new construction was born, raised and lived most of his been my teacher and he has been my springing up all around it. And so adult life in South Boston, something mentor. He has, as I have said many much of JOE’s career has been about he is very proud of. He began his long times over the last couple of days, been promoting economic development and distinguished career in public service like a second father to me, and he is creating jobs. at the age of 15 when he enlisted in the my best friend. He joked the other day that his fa- United States Navy and served in the As many of my colleagues know, I vorite bird is the crane, and if you visit South Pacific during the Second World worked in JOE MOAKLEY’s congres- Boston, you will see cranes all over the War. sional office for over 13 years. I have place. Upon returning from his service in seen him solve problems, both large The second reason why I think this is World War II, he attended the Univer- and small. I watched as he steered appropriate is that that courthouse is a sity of Miami, and later received his countless millions of dollars to his dis- symbol for justice, and JOE MOAKLEY’s law degree from Suffolk University trict and to the Commonwealth of Mas- entire life has been dedicated to fight- Law School in Boston. sachusetts for sensible economic devel- ing for justice, especially for those who At the age of 25, Congressman MOAK- opment. do not have a powerful ally or who are LEY was elected to the Massachusetts There is not a Federal project in not well committed; whether it is State Legislature, serving in both the Massachusetts from the Berkshires to fighting to help Mrs. O’Leary find her State House of Representatives and the Cape Cod that does not have JOE MOAK- lost Social Security check, or whether State Senate for 18 years before being LEY’s fingerprints all over it. it is fighting on behalf of refugees from elected to the Boston City Council. I watched him help colleges and uni- El Salvador who were too afraid to go In 1972, as I mentioned before, Con- versities build new buildings, research back to their homeland during that gressman Moakley was elected to the facilities, classrooms and laboratories. war, or whether it is fighting for health United States House of Representa- I watched him champion the cause of care or for Medicare or for hospitals or tives. health care, because as he said on Mon- for anybody who has any problem, JOE

VerDate 14-FEB-2001 01:58 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.008 pfrm02 PsN: H14PT1 H336 CONGRESSIONAL RECORD — HOUSE February 14, 2001 MOAKLEY is always out there, front and ular guy, which you are, but I have a JOE MOAKLEY does nothing more than center, fighting for justice. feeling that that district back there in enriches us. I can only say that I am He was one time asked what his fa- Massachusetts when you care about personally happy and proud to have vorite compliment was, and he replied the rest of the regular guys, you are gotten to know him as more than a po- being called a regular guy. Well, JOE caring about the teachers. You are car- litical icon, as a person, a person that MOAKLEY is the most extraordinary ing about the cab drivers and the truck so many people in Massachusetts love regular guy I have ever known, and drivers. You are caring about the elec- and a person that so many people in like everyone in this House, and I tricians and the carpenters. You are Massachusetts wish only the best for. would say like everybody who knows caring about the people that really Mr. LATOURETTE. Mr. Speaker, it is him, I love him a lot. make this country what it is. my pleasure to yield 4 minutes to the Madam Speaker, we are all sad that And I, for one, want to thank you for gentleman from New York (Mr. KING). JOE announced that he will not seek re- doing that. I also want to let you Mr. KING. Mr. Speaker, I thank the election in the year 2002, but I want to know, JOE, whether you know it or not, remind everyone here that 2 years is a you have taught a lot of us here in the gentleman for yielding me this time. long time. JOE MOAKLEY will be with us House on both sides of the aisle, not Mr. Speaker, it is really a great on this floor, telling his Irish stories, only to be Members of Congress, but honor for me to be able to stand up and singing his Irish songs and fighting the how to act as respectful gentlemen and speak on behalf of this resolution. If good fight. from all of us, we appreciate that. there is anyone who deserves it, it is I, again, want to thank all of my col- Mr. MCGOVERN. Madam Speaker, I JOE MOAKLEY. I can honestly say that, leagues for bringing this to the floor so yield 3 minutes to the gentleman from for the time that I have been in Con- expeditiously. Massachusetts (Mr. CAPUANO). gress, no one has personified to me Madam Speaker, I reserve the bal- Mr. CAPUANO. Madam Speaker, I more what it means to be a Congress- ance of my time. guess, to a certain extent, I do not man than JOE MOAKLEY. If everybody Mr. LATOURETTE. Madam Speaker, want to talk about what JOE MOAKLEY in this House were like JOE MOAKLEY, it is my pleasure to yield 2 minutes to has done, because, to me, that is not we would get along much better; we the gentleman from New York (Mr. the measure of a man. It is not the would get a lot more done. QUINN). measure of the reason I like JOE, and I We would realize that partisanship is Mr. QUINN. Madam Speaker, I want think the reason JOE is so well loved in important, but yet it stops. We should to thank the gentleman from Massa- his own district. It is what he is. be able to reach across the aisle and chusetts (Mr. MCGOVERN) for his lead- I grew up in Massachusetts, and for shake hands and have a drink and ership on this issue. We were going to all of my life, like JOE, I live in my share a joke and make a cutting re- invite the Massachusetts Republican own hometown. Like JOE, I live in my mark or humorous remark about one of delegation down here to speak today, own neighborhood. And I want to tell our colleagues in a way that really but, you know, that does not exist. my colleagues, all of my life, I have shows the camaraderie that we should There have been a couple of great Re- heard about JOE MOAKLEY, as I heard have. publicans in the Congress from Massa- about Tip O’Neill, as I heard about TED From the time I came here, JOE chusetts. Of course, the great Silvio KENNEDY, as I heard about James Mi- MOAKLEY reached out to me. He was, as Conte and Mr. Torkelson, who my col- chael Curly, as I heard about John the gentleman from Massachusetts leagues took care of and Mr. Blute, Kennedy. In my world, there were (Mr. CAPUANO) and the gentleman from who my colleagues took care of, and so many political giants. But, for me, New York (Mr. QUINN) have said, a good we are without a Massachusetts Repub- most of them came before me. And I guy in the very best sense of the word. lican delegation. But, nonetheless, I knew some of them in passing. I knew rise this morning to represent all of Mr. O’Neill a little bit. My father knew Yet, he was also an outstanding Con- the Members on our side of the aisle in him better. gressman, a man who fought and fights talking about JOE MOAKLEY for a cou- This is the first time in my life I so hard for his district, a man who ob- ple of minutes here this morning. have had an opportunity to get up viously believes the principles for the A good thing, as the gentleman from close to someone who is a living icon in Democratic party, fights hard for those Massachusetts (Mr. MCGOVERN) pointed my world, and it is the first time in my principles; but at the end of the day, is out, is that sooner or later everybody life that I know that all the things I willing to sit down and talk with any- will have a chance to talk about us, heard about him were not just the typ- one, no matter what their party affili- sooner or later; some sooner, some ical media fluff that many of us around ation happens to be. later. But by doing this naming today, here worry about. We are all worried He reaches out for people who need we get a chance to talk this morning about our image. We are all worried help. He is a person who I know, speak- about a good friend in JOE MOAKLEY. I about what people say about us. And ing for Members on my side of the want to talk to JOE this morning, not JOE MOAKLEY could not care less be- aisle, when they needed a favor, when about him, because he is with us. I do cause he is what he is, and what he is they needed help, when they needed a not want to talk to him. is a regular guy. break, the guy they went to on the I want to thank JOE MOAKLEY person- I say that representing a district that other side was JOE MOAKLEY. He never ally for the work he has done with me almost is a mirror image of JOE’s dis- let party divisions stand between him on our weatherization and our LHEAP trict. We do represent all of those peo- and them. program where we have been able to re- ple. I will tell you that JOE MOAKLEY As the gentleman from Massachu- store some money back into this Fed- would have been the exact same person setts (Mr. CAPUANO) said, JOE MOAKLEY eral budget to take care of people who if he did not get into politics, if he had have to make decisions about whether represents a working class district. He gone the way of so many of his friends represents real people. There is nothing or not they are going to heat their and gone to work as a Teamster, or homes or put food on the table; not an phony. There is nothing built-up by the gone to work as a longshoreman or media. This is the real thing. When one easy decision, not an easy road to hoe gone to work as a bus driver, like many for people in the northeastern part of sees JOE MOAKLEY, one is seeing what a of the people he grew up next to, like real person is. our country. many of the people I grew up next to, JOE and I have teamed up together to would have been the same person, Today, to be honoring him in this do that these last couple of years, and would have still joked, would have still way, it is important. It means a lot. I have learned from JOE MOAKLEY more sang songs, would have still had fun, But on the other hand, if there was in these last couple of years than all of and would have still been loved by all never any courthouse named after JOE my years in education, all my years in of his neighbors and friends. MOAKLEY, if there was never any government, all my years in public life. plaque or citation put out for JOE And I do not know JOE MOAKLEY’s dis- b 1100 MOAKLEY, he would always be remem- trict exactly, but I will tell you, JOE, The fact that we have had so much of bered by those who knew him, those and I know you like to be called a reg- an opportunity to get the best from who served with him in Congress.

VerDate 14-FEB-2001 02:20 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.019 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H337 And as the gentleman from Massa- always considerate of others. He has a One could look at the Central Artery, chusetts (Mr. CAPUANO) has said, prob- sense of responsibility that has per- Moses parted the Red Sea, what JOE ably most importantly of all, the aver- meated his being for a long, long time. MOAKLEY has done is reunite the city age guy on the street corner in his dis- At the age of 15, as I am sure my col- of Boston by putting the Central Ar- trict, the average guy in the bar, the leagues have heard or will hear, he tery underground so that this city that average guy driving the bus, the aver- forged his documents and enlisted in was divided for 50 years is now once age guy going to work every day, he re- the Navy and went into World War II. again united when the Central Artery, alizes that JOE MOAKLEY, in every Today some people would probably say the Big Dig, is completed, the civil and sense of the word, represented those he misrepresented something and try political engineering feat of the last 50 people here in Congress, the people who to run him out of government; but for years, finding the money and then de- otherwise would not have a strong JOE, this was the right thing to do to signing it. Then the Moakley Court- voice, the people who are so busy work- get in there, be a patriot, and to rep- house above from which one can see ing day to day they cannot afford to be resent and work on behalf of his coun- the Evelyn Moakley Bridge named for getting involved in exotic causes. They try. his beloved wife. have to know that they have somebody Tom Oliphant wrote a column about JOE MOAKLEY talked to kings and who is on the firing lines for them day JOE the other day; and in it he said pages with the same language. If we in and day out. something that was very touching. He ever do have a Mount Rushmore for The fact that so many projects went said JOE MOAKLEY treats everybody the congressmen, JOE MOAKLEY should be to JOE’s district as opposed to mine or same. So even if you are a king or up there with his great friends, John the gentleman from New York (Mr. President, you get to be treated like McCormack and Tip O’Neill as the QUINN), we take that in stride, real- his constituent. That says a lot about symbols of everything that Congress izing that was JOE fighting for his dis- JOE. It is exactly the way that he has should stand for. He is a great man. We trict, and, quite frankly, doing a better always treated with respect the people are honoring a great man by placing job than we were for ours. whom he represents and whom he con- his name on this courthouse. So I am proud to join with all of my siders family. Mr. MCGOVERN. Mr. Speaker, I yield colleagues today in honoring JOE So it is fitting that this courthouse 2 minutes to the gentleman from Texas MOAKLEY and speaking on behalf of be named after him. It is fitting be- (Mr. FROST). Mr. FROST. Mr. Speaker, I rise in this resolution and saying it has been a cause that is where he grew up, that is strong support of the resolution nam- true source of pride and honor for me where he played and ran around in the ing the Federal courthouse in Boston to be able to work with JOE MOAKLEY. rail yards that used to pass through in honor of my colleague, JOE MOAK- I wish him the best of health. I wish there, chasing watermelons and other LEY. No Member of Congress deserves him the very best to himself that he fruit off of the trains as they went by. this honor more than the gentleman has given to so many of us for so many I am proud and I consider it an honor from Massachusetts, my friend JOE. years. to join others here today in saying that Mr. MCGOVERN. Mr. Speaker, I yield I have had the honor of serving on this courthouse will be appropriately 2 minutes to the gentleman from Mas- the Committee on Rules with JOE for named for JOE MOAKLEY. It represents sachusetts (Mr. TIERNEY), my class- more than 22 years. No person better jobs. It represents progress and devel- mate and colleague. epitomizes what is good about public opment. Most of all, it represents jus- Mr. TIERNEY. Mr. Speaker, I thank service in this country. JOE has served my colleague for this opportunity to tice and fairness. with distinction, with good humor and Mr. LATOURETTE. Mr. Speaker, as say some words about JOE MOAKLEY, with class. we await the arrival of other speakers, JOHN JOSEPH MOAKLEY, but all of us Years ago, he personally and coura- we reserve the balance our time. know him as JOE. geously took on the death squads in El He was described the other day by Mr. MCGOVERN. Mr. Speaker, I yield Salvador following the murder of four 1 folks from Massachusetts as a lunch- 2 ⁄2 minutes to the gentleman from nuns in his district as well as six Jesuit bucket Democrat and politician; and a Massachusetts (Mr. MARKEY). priests. It was his dogged determina- politician obviously defined in this Mr. MARKEY. Mr. Speaker, I thank tion and hard work that brought an sense, as a servant of the people. When the gentleman for yielding me this end in that sad chapter in El Sal- one is talking about a servant of the time. vador’s history. JOE’s district in Bos- people, it is everybody. Mr. Speaker, there is a great void in ton did not reap great rewards from his JOE worked over 50 years and con- our delegation and in this institution courageous fight, but all of mankind tinues to work now for a better quality as JOE MOAKLEY announces that he will did. of life for everyone, rich or poor, and not run for another term. But it is al- JOE MOAKLEY, as we have heard ear- all those in between. He is known for together fitting and appropriate that lier, enlisted in the Navy in World War his policy work whether it is housing, we gather here to name the courthouse II at the age of 15, lying about his age whether it is the environment, whether overlooking Boston Harbor on behalf of so he could fight the enemies of our it is employment, El Salvador or Cuba. JOE MOAKLEY. Nation. I guess he was big for his age He happens to make sure that he is There is a great scene in the movie at the time, but no one in Congress happiest when people are working. the Ten Commandments where Moses, today has a bigger heart than JOE When they are employed and there are Charlton Heston, is confronted by MOAKLEY. numerous economic development Pharaoh, his father who has adopted JOE served as chairman of the Com- projects going on in his district, he is him and raised him, where the father mittee on Rules for 5 years and has smiling the most. As he said just the says to him, What have you done for served as ranking Democrat for the other day, that the favorite bird for me, Moses? My son, Ramseys, Yule past 6 years. Whether in the majority him is the crane. When one looks all Brenner, has done so much for me. or in the minority, JOE has served with over his district in Boston, one sees At that point, Moses pulls back the class. He has never been mean to his one crane after another. One sees con- cloth and says, Behold, I have built you adversaries, but he has always been struction projects blooming in the Bos- a city. firm in his convictions and vigorous in ton skyline and that means develop- If someone asks me, if someone asks his pursuit of the values and ideals of ment, it means progress, it means jobs our delegation what has JOE MOAKLEY the Democratic Party. and a better quality of life for all of done, we could pull back the same JOE has made the decision to step JOE’s constituents. cloth in the Moakley Courthouse and down after this term in Congress after His life is a lasting example of honor. look out and say, Behold, JOE MOAKLEY having fought valiantly in recent years He treats others with respect and dig- has rebuilt Boston. against a series of ailments and will nity; and in turn, he is liked by every- One would look out on this clear and continue to fight against his ailments one, as we have heard from Members on clean water of Boston Harbor that was as he has done with courage, grace, and both sides of this aisle. once polluted. One can look at the jew- dignity. We look forward to his contin- He is compassionate, but he is cer- els of the Boston Harbor, the islands, ued service in this body in the months tainly not weak. He is strong, but he is now the Boston Harbor National Park. ahead.

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.021 pfrm02 PsN: H14PT1 H338 CONGRESSIONAL RECORD — HOUSE February 14, 2001 Boston and all America can be proud JOE MOAKLEY was good at both of have a shared point of view of his own, of this great Congressman. He is one of them. and he has done that and he has done it the last of the great Boston pols, a man The problem in this institution, like well. But he has never in all the time who is proud to represent his district most institutions of legislative life I have known him done that in any and to serve his country. Naming the today across America, is that the peo- manner that was ungentlemanly or in- beautiful Federal courthouse over- ple that are good at the outside part of considerate. looking Boston Harbor in his honor is it can never become good at the inside On a more personal basis, when we the very least we can do. part of it because they profess a dis- have those moments in our lives when JOE MOAKLEY is a great Congress- dain for the institutions of which they we can get beyond our institutional man. He is and always will be a shining serve, thereby never buying into con- roles, he is a friend. I can remember as example to the entire country about sensus, never having the chance to do a young guy in the minority, probably what is good in public life today. the great governing that has to take a little bit out of line, messing with Mr. LATOURETTE. Mr. Speaker, it is place in legislative life. something that was not in a committee my pleasure to yield 1 minute to the JOE MOAKLEY understood both parts on which I served and, therefore, con- gentlewoman from Ohio (Ms. PRYCE), a of legislative life. One has to be good at sidered by many to be perhaps none of seatmate on the Committee on Rules the outside part of it, and one has to be my business, having to trek up to the with the gentleman from Massachu- very good at the inside part of it. Committee on Rules with the second- setts (Mr. MOAKLEY). Hence, committee assignments. I know ranking Democrat on the Committee Ms. PRYCE of Ohio. Mr. Speaker, I people’s eyes glaze over when they hear on Rules who showed me patience, tol- rise to honor my good friend from Mas- that, but the members of the delega- erance, encouragement, consideration, sachusetts and Committee on Rules tion were always on good committees, and a helping hand in the committee colleague, JOE MOAKLEY. Anyone famil- primarily because of McCormack, for me to get an amendment that was iar with the Committee on Rules’ work O’Neill, and MOAKLEY. important to me to the floor so he knows that it often entails long hear- The gentleman from Massachusetts could cheerfully vote against it. That ings, very late nights, and early morn- (Mr. FRANK) said to me a moment ago was a pretty decent thing, quite frank- ing wake-up calls just to get our work when somebody mentioned, well, Jeez, ly. done for the next day. JOE treated everybody alike. The gen- So I welcome this opportunity. And I But JOE MOAKLEY makes our sac- tleman from Massachusetts (Mr. should say, by the way again on a more rifices much easier to bear with a twin- FRANK) said, In our delegation, he sure personal note, we should remember kle in his eye and his quick wit. He did. He thought we were all on his that JOE MOAKLEY is from south Bos- keeps us on our toes, and he keeps us staff. ton. If we forget, we should just notice chuckling even when the joke is at his But it was a joy to be part of his suc- that is where the accent came from. I own expense. cess in this institution. There is still had not realized until my brother went If more Members could do their par- going to be a lot of good days as we to work with the Boston Patriots, the ty’s bidding on both sides of the aisle move along as well. New England Patriots, that for all my with JOE’s flare, there would be a lot Let me just close on this note: I life I had been mispronouncing his less partisan rancor around here and bumped into the gentleman from Ala- name. I, in my misguided youth, had many more smiles on the faces of our bama (Mr. EVERETT) today, a terrific learned that his name was Charlie colleagues. guy. He said to me, ‘‘You know, I never Armey. It was only by JOE’s com- Today, we not only honor JOE MOAK- voted the way JOE MOAKLEY voted in pliments towards my brother that I LEY, but we also thank him for his in- the years I have been in Congress, but learned his name is ‘‘Chawley Aumey.’’ valuable contributions to this institu- there was nobody whose company I en- I often refer to Charlie with affection tion, to the lives of everyone he has joyed more at dinner. There is nobody as my brother Chawley Aumey, and I touched, and all of us who have had the that I enjoyed talking to more about think of JOE MOAKLEY every time. privilege of knowing him. the great stories that he told and still So thank you again for giving us this I was not here when a young JOE will have an opportunity to tell.’’ opportunity, and I thank the gen- MOAKLEY came to Washington some 30 I am indeed very grateful for many of tleman for giving me just this moment years ago, but I am very certain that the good things that have come my to speak with very, very real affection this institution and his constituents way in legislative life here in the Con- for a real person. As Evey, his wife, and every Member he has come in con- gress because I consider it an honor to would have said, He’s a person. And we tact with is better for his work here. serve here. JOE MOAKLEY has been re- ought to know that and we ought to So, Mr. Speaker, I am a Republican, sponsible for much of the success that appreciate that. and JOE MOAKLEY is a dyed-in-the-wool I have had within this institution. Mr. MCGOVERN. Mr. Speaker, I yield Democrat, and most people would, I am indeed grateful today and happy therefore, put us at odds; but I am here myself such time as I may consume to to be part of this and only wish our thank the gentleman from Texas, the to tell you, and to turn a phrase, with friend from South Boston, if one asked enemies like that, who needs friends? majority leader, for his very kind him where he was from, he would not words and his eloquent words. I want Mr. MCGOVERN. Mr. Speaker I yield say Boston, he would say he was from 2 minutes to the gentleman from Mas- him to know I appreciate them and ev- South Boston, our friend JOE MOAKLEY. erybody in the Massachusetts delega- sachusetts (Mr. NEAL). Mr. NEAL of Massachusetts. Mr. b 1115 tion, I think everybody in Massachu- Speaker, I thank the gentleman from Mr. LATOURETTE. Mr. Speaker, I setts, really appreciates those words. Massachusetts (Mr. MCGOVERN) for yield such time as he may consume to The gentleman points out that even yielding to me, and thank the Members the gentleman from Texas (Mr. though JOE was a solid bread-and-but- that are assembled here today. ARMEY), the majority leader of the ter Democrat, that he had this talent JOE MOAKLEY’s sense of humor was House. to kind of cross party lines. There is infectious for all of us; and one can Mr. ARMEY. Mr. Speaker, let me say not a single person, even those who dis- sense, I think, the affection that we all that when I picked up my paper last agree with him on an issue, that do not feel for him today. Monday and read the news of JOE walk away from a fight saying, He’s a In Massachusetts, people think that MOAKLEY’s illness, it made me ex- good guy; I liked him a lot. one is supposed to be good at politics. tremely sad; and I want to thank the We really do appreciate the gentle- We take it very seriously. In the in- gentleman from Massachusetts (Mr. man’s kind words, and we appreciate stance of JOE MOAKLEY, he is heir to MCGOVERN) for calling to my attention his working with us to bring this to the the great legacy of the great McCor- this opportunity we have as a body to floor today. mack and the great O’Neill. appreciate one of our own. Mr. ARMEY. Mr. Speaker, will the There are two parts of this business JOE MOAKLEY is a pretty good par- gentleman yield? in Congress. There is the outside busi- tisan, and that is fine. It is his institu- Mr. MCGOVERN. I yield to the gen- ness, and there is the inside business. tional role to stick up for people who tleman from Texas.

VerDate 14-FEB-2001 00:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.023 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H339 Mr. ARMEY. One final moment. I basic Social Security-getting, job-get- fore, and I was a little inexperienced; would just say to JOE, ‘‘Mr. Chairman, ting Democrat at home did not mean a and I remember getting here and stay with us.’’ person could not worry about human butting heads with JOE MOAKLEY. Then Mr. MCGOVERN. Mr. Speaker, I yield rights abroad. JOE MOAKLEY bridged by I quickly surrendered. 3 minutes to the gentleman from Mas- the greatness of his personality his JOE is a remarkable guy. Many of us sachusetts (Mr. FRANK). commitment, his caring about individ- have heard the stories about what he Mr. FRANK. Mr. Speaker, I join my uals and humanity at large, a lot of has done in terms of building Boston colleague in thanking the majority things people have tried to pull apart. and what he has meant to that commu- leader for really speaking, I think, on It is for that reason that we will be nity, with the Big Dig, depression of behalf of the whole House in his very impoverished personally by not having the Artery, the beautiful courthouse, personal eloquent statement. We will his companionship here on the floor the sense of humor that he had. Amaz- have to be forgiven, those of us who do when he leaves this House, and this Na- ing. this as a profession, because, to be hon- tion will be impoverished by someone All of us have read the story about est, we are all reacting personally in who did so much to try to get us to put JOE’s illness, and his initial remark these last couple of days. aside artificial differences. was, ‘‘The doctor told me that I should JOE MOAKLEY had enormous benefits Mr. LATOURETTE. Mr. Speaker, I not get any green bananas.’’ Remark- to the country, to this institution, to yield 3 minutes to the gentleman from able sense of humor. The jokes on the the city and the State, but for us also Michigan (Mr. EHLERS). floor. But also his commitment on so the personal was there. We could not Mr. EHLERS. Mr. Speaker, I am many issues. come into this Chamber on the worst of pleased to join in this discussion. I I remember, and it was mentioned days, having encountered all kinds of have not known the gentleman from earlier, in the wake of the burial of the unpleasantness, and not have our spir- Massachusetts (Mr. MOAKLEY) as well murdered Jesuits and nuns in El Sal- its uplifted by sitting with JOE. There as many of the previous speakers, but I vador in 1989, Speaker Foley appointed was no way that anyone could fail in have to say that when I first appeared JOE to head the special task force to his presence to be cheered. And for that before the Committee on Rules a few investigate the El Salvadoran govern- personal element, even in this time of years ago as a trembling freshman and ment. It was JOE MOAKLEY who led the trial for him, he has been cheering the presented my case on an amendment, it way there and exposed violations of rest of us up. Typical of this really was interesting to watch the gen- human rights that have made a dra- matic difference there. What a legacy quite extraordinary man. tleman from Massachusetts (Mr. MOAK- his work on human rights in El Sal- I also want to talk about another as- LEY). pect in which he is extraordinary. He is He initially was shuffling papers, vador. An incredible legacy. a great stereotype breaker. One of the then he began listening to me, and Many of us had been fighting over the years to try to get the School of things we suffer from in this country is then he turned to the person next to the Americas shut down, could never this assumption that if we are A, we him and I could see him say, ‘‘Who is get the votes in the House, until JOE cannot be B; if we are X, we cannot be this guy?’’ And after I made the presen- MOAKLEY took it up. He said I will offer Y. JOE MOAKLEY showed us that we tation, he made some complimentary this and we will get it passed. That is could be. There is a lot of talk about comments and took the trouble after JOE MOAKLEY. civility now. No one had to tell JOE the meeting to come and speak to me The personal relationships with MOAKLEY that a person could be a deep- about my proposal and explain how it Members, not only all he has done for ly committed advocate of issues, not could be improved. his own district but everyone’s district. simply a partisan in the sense of being That was the beginning of a friend- When we go to the dean of the delega- a Democrat but a partisan Democrat ship. And even though I cannot claim tion from Massachusetts and we ask who cared a lot about what was nec- the close friendship that some of the him for help, we are more effective in essary to improve the lot of those peo- old-timers here have, it has always our districts. I will tell a quick story, ple in our society who were not going been a good relationship. We joke with if I can get 30 seconds more. Malden to do well on their own, no one had to each other, we talk with each other, we Mills in my district in Lawrence and tell him that someone could be deeply always greet each other in the hall- Lowell, a great factory that burned committed without being truculent or ways. He always strikes me as what a down a few years ago. Aaron belligerent. No one had to tell that a longstanding Member of Congress Feuerstein, the owner of the mill, kept passion for doing the right thing in should be, a kindly older gentleman all the workers working at Christmas public policy was incompatible with who is helping and aiding those around time. Kept them all employed. He de- friendliness, and we have seen that him and always cheerful, always help- veloped Polartec for cold weather. We demonstrated here. ful, and always trying to help us do our were looking for a way to get it to the We have talked about people in best for the country. Marines, get it to our service members, whose tradition JOE MOAKLEY was, and We need more Members like that. because it is cutting-edge fabric. Tip O’Neill is the one who comes most And the other comments about his ci- Aaron came down and said, ‘‘How do to mind with me, because MOAKLEY and vility, I believe, are well taken. He is a I do this?’’ I said, ‘‘Well, I will tell you Tip O’Neill shared something which I very civil person in every sense of the how we will do it. We will go to see JOE think is a defining thing about great- word and truly a gentleman who de- MOAKLEY.’’ Needless to say, the con- ness. We throw this word around a lot; serves the honor that he is being given tracts have been signed, and the Ma- but to me, in our political system, it today. We cannot say enough good rines are now wearing Polartec. means among others things this: that about him. So this is a great honor to a great someone can be a master of a given set Mr. MCGOVERN. Mr. Speaker, I yield man, and I congratulate the gentleman of rules. Tip O’Neill and JOE MOAKLEY 21⁄2 minutes to the gentleman from from Massachusetts (Mr. MCGOVERN). were both masters of the old politics. Massachusetts (Mr. MEEHAN). Mr. LATOURETTE. Mr. Speaker, I They were both masters of politics in Mr. MEEHAN. Mr. Speaker, I thank yield 2 minutes to the gentleman from the old school. the gentleman from Massachusetts for California (Mr. DREIER), chairman of JOE MOAKLEY, 50 years ago in south moving on this courthouse quickly the Committee on Rules, Mr. MOAK- Boston, was beginning a very impres- with both sides of the aisle embracing LEY’s counterpart; and Mr. Speaker, I sive career in politics as it then was. this. This is very, very important at ask unanimous consent to take 5 min- And both of them, first Tip O’Neill this time; and I compliment the gen- utes of my time and yield it to the gen- then JOE MOAKLEY, showed that an in- tleman from Massachusetts (Mr. tleman from Massachusetts (Mr. dividual could be a master of the old MCGOVERN) for not only the way he has MCGOVERN) for him to control. ways and welcome the new. Too often gone about this but his remarkable The SPEAKER pro tempore (Mr. people who are good at one set of ar- friendship with JOE MOAKLEY over the LAHOOD). Without objection, the gen- rangements feel threatened by change. years. tleman from Massachusetts (Mr. JOE MOAKLEY was not threatened by When I got elected to the Congress, I MCGOVERN) will have an additional 5 change. He understood that being a had never been in a legislative body be- minutes.

VerDate 14-FEB-2001 01:50 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.027 pfrm02 PsN: H14PT1 H340 CONGRESSIONAL RECORD — HOUSE February 14, 2001 There was no objection. to us, and I know it means an awful lot Congressman MOAKLEY has literally Mr. DREIER. Mr. Speaker, I thank to JOE. lifted the city of Boston up. He has set my friend for yielding me this time. I Mr. Speaker, I yield 21⁄4 minutes to an example for all of us in his efforts to hear all these nice things being said the gentleman from Massachusetts improve the lives of working families, about JOE MOAKLEY by Members of the (Mr. DELAHUNT). and his deeply personal style will be re- Massachusetts delegation, Members on Mr. DELAHUNT. Mr. Speaker, I membered. this side of the aisle; and I have to say thank my colleague, the gentleman Speaking of lifting the city of Boston that I probably more than any other from Massachusetts (Mr. MCGOVERN), up, JOE has spent the last decade secur- Member of this House know JOE MOAK- for leading us in this resolution. ing crucial transportation funding for LEY to be a real fighter. In fact, he has It is so appropriate that we are nam- the Boston Metropolitan area, which abused me regularly up in the Com- ing a courthouse after JOE MOAKLEY. faces formidable transportation chal- mittee on Rules and I know plans to We probably should also name a post lenges. JOE recognized that large in- continue that pattern over the next office, and maybe we will do that at a vestments were necessary to keep the couple of years. He is one who clearly later point in time. Because certainly, great and historic city of Boston in a does stand for his principles very firm- as has been referenced here, JOE MOAK- prominent place in the global econ- ly. LEY has delivered the mail. I mean, he omy, and soon Boston will be a shining But I will agree with the arguments has delivered the mail for his district. example of efficient transportation that have been made by my colleagues He has delivered the mail for Massa- that will be a tribute to JOE’s tireless that he is extraordinarily civil in the chusetts. work. process. Just yesterday I followed a As the gentleman from Massachu- JOE has been an important part of statement that he made about the fact setts (Mr. MARKEY) has said, he more my political life, too. When I was elect- that he is at a point in his life where he than anyone, along with Tip O’Neill, is ed in 1991, JOE cleared the way for me does not purchase green bananas any responsible for rebuilding the city of to join the Committee on Appropria- longer because he does not know if he Boston. And that will be a lasting tions and so helped me define my role will be around long enough for them to monument to JOE MOAKLEY, as well as in Congress. And I am grateful to him. ripen. Well, we know that JOE MOAK- Tip O’Neill. JOE’s recent diagnosis of incurable LEY is going to be around for a long But appropriate I say a courthouse leukemia touches all of our lives. It time. He continues to fight very hard. because a courthouse is a symbol of takes a special breed of person to re- But the fact is I presented him yester- justice. And I thought it was fas- spond with such grace and equanimity. day with some green bananas upstairs cinating the other day, because some of JOE, I wish you the best. We all wish in the Committee on Rules, and he told us attended his press conference, where you the best. Our thoughts and prayers me that he would much rather have the he stated publicly that, as he looked will be with you always. gavel than the green bananas that I back on his political career, the one as- Mr. Speaker, I thank my colleague, presented to him. pect of his legacy that he was most the gentleman from Massachusetts proud of is what he did in El Salvador. (Mr. MCGOVERN) for bringing this bill 1130 b What he did in El Salvador was really before us today. It is but a small rec- I let him hold the gavel momen- to begin the process of stopping a civil ognition of JOE MOAKLEY’s dedication tarily. But I will tell my colleagues war that took oh so many lives. It was to public service and of his great ac- that I have the highest regard for the about justice. It was about social jus- complishments for the people of Massa- gentleman from Massachusetts (Mr. tice and economic justice. chusetts. MOAKLEY). I have had the privilege of Beyond buildings and beyond bridges I urge its adoption. serving on that Moakley Commission and beyond harbors, really the heart Mr. MCGOVERN. Mr. Speaker, I yield in El Salvador, and he did tremendous and the soul and the core of JOE MOAK- 1 minute to the gentleman from Con- work and was so dedicated in that ef- LEY is social and economic justice. And necticut (Mr. LARSON). fort. that is why it is so appropriate to Mr. LARSON of Connecticut. Mr. He has represented the Democrats ex- name the ultimate symbol of a democ- Speaker, let me also congratulate the tremely well in the Committee on racy, a courthouse, after JOE MOAKLEY. gentleman from Massachusetts (Mr. Rules. The Committee on Rules is one On a personal note, I want to thank MCGOVERN). I join my colleagues from of the most partisan committees in the JOE MOAKLEY for his wisdom, his coun- the Massachusetts delegation and institution, and yet we have been able sel, for his kindness, his advice, and those Members of the House who have to work in a bipartisan way on lots of help to me. I know I speak for everyone come to the floor today to pay honor different issues. in Massachusetts when I say, we re- and tribute to an outstanding Amer- I am proud to have worked with him spect him and, as importantly, we love ican, a quintessential Irish statesman on bringing about a complete overhaul him. who I think, as the gentleman from of the rules structure here in this Mr. MCGOVERN. Mr. Speaker, I yield Massachusetts (Mr. FRANK) pointed House. We did that in a bipartisan way. 2 minutes to the gentleman from Mas- out, is not only a link to the past but Were it not for JOE MOAKLEY, we would sachusetts (Mr. OLVER). a handshake and a look into his eyes is not have been able to proceed with Mr. OLVER. Mr. Speaker, I rise peering into the future. what was one of the boldest reforms today to pay tribute to my friend, the I spoke with JOE the other day, and since 1880 in this institution. On lots of gentleman from Massachusetts (Mr. he said with a great deal of pride how issues, we have been able to find areas MOAKLEY) who announced his retire- he assumed office on the same day that of agreement. Of course, the attention ment from the Congress this week. Tip O’Neill was taking John Kennedy’s is focused on areas of disagreement. With his departure, we will lose one of place in the House of Representatives But he is a fighter who is going to con- our finest, wittiest, and longest serving and John Kennedy was going on to the tinue to be with us for a long time to Members. We in the Massachusetts del- Senate and JOE MOAKLEY was taking come, and I am looking forward to con- egation will lose our dean, our load Tip O’Neill’s place in the great State of tinuing to get the wit and wisdom of star, and the patron saint of South Massachusetts Assembly. JOE MOAKLEY upstairs and down here Boston. Mr. Speaker, JOE MOAKLEY simply on the floor. Even before his years as chairman embodies everything that is rich about Mr. MCGOVERN. Mr. Speaker, I and later ranking member of the Com- public service and public life. I com- thank the gentleman from California mittee on Rules, JOE was a force not to mend the delegation for its salute and (Mr. DREIER) for his kind words. Those be tangled with. In nearly 3 decades of tribute to Congressman MOAKLEY. of us in the Massachusetts delegation service in the House, he cites among Mr. Speaker, I rise today to pay tribute to have not heard so many nice things his most notable accomplishments his one of my most admired colleagues in the said about Massachusetts Members of fight for peace and justice in El Sal- House of Representatives, Congressman JOE Congress in a long time, but we really vador during the conflict-ridden 1980s. MOAKLEY of Massachusetts who today is the appreciate it. We appreciate the heart- He is known for that and a lot more in subject of legislation before this body, that has felt comments. It means an awful lot Massachusetts. been written in his honor.

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JOE MOAKLEY is the quintessential Boston But members of the staff who are in the votes on the House floor, he is a Irish public servant. For more than 50 years Massachusetts, those who are here in wonderful human being. he has served his Nation, his State of Massa- Washington, those on the Committee JOE, thank you for all of your great chusetts, and the hard-working men and on Rules, do not have the opportunity service. There will be service ahead for women of South Boston in one form or an- to come up before the mike and to say you here and we want you to know that other. In the long, and inspiring tradition of anything, and I want to say a few we love you. We stand by you and that such great men as former Speaker Tip O’Neill, words on their behalf. you are the best. I thank my friend JOE has been the kind of Representative that Mr. Speaker, if they were able to from Massachusetts. has shown time and time again that he is a speak here today, they would express Mr. LATOURETTE. Mr. Speaker, I leader on the national and international stage, their incredible gratitude to JOE, not yield another 5 minutes to the gen- yet has remained ever loyal to the people of only for what he stands for, but for his tleman from Massachusetts (Mr. South Boston and all of Massachusetts. friendship and for his support over the MCGOVERN) for purposes of control. When I first arrived here as a freshman many years. People who work for him The SPEAKER pro tempore (Mr. Member in 1999, JOE MOAKLEY, who was then and people who deal with him, it is not LAHOOD). Without objection, the gen- and now Dean of the New England House del- just people who work for him directly, tleman from Massachusetts (Mr. egation, was one of those remarkable people people who are part of the staff, people MCGOVERN) will control an additional 5 I looked to as a model of how I wanted to con- in the House dining room, the credit minutes. duct myself as a Member of Congress. With union, all love him because he has a There was no objection. character, dignity, devotion, and loyalty, Con- way of connecting with people. He has Mr. MCGOVERN. Mr. Speaker, I yield gressman MOAKLEY continues to serve as con- a way of expressing humor that en- 3 minutes to our leader, the gentleman stant reminder that we are indeed part of a dears himself to these people. from Missouri (Mr. GEPHARDT). noble profession. I want to say on behalf of his staff Mr. GEPHARDT. Mr. Speaker, I rise JOE MOAKLEY’s remarkable time in public how grateful we all are to everybody in strong support of this measure to service began when he was a mere 15 years who has spoken here today and who has name the courthouse in Boston the Joe old, when he enlisted in the U.S. Navy for offered tributes. It means an awful lot Moakley Courthouse. JOE has been a service in the South Pacific during the Second to all of us because we feel that we are great friend to all of us. He has been a World War. After graduating from college in part of his family as well. great strong right arm of this caucus Florida, and law school, JOE MOAKLEY ran for Mr. Speaker, I yield 3 minutes to the and this House. He has played a pivotal the Massachusetts State Legislature in 1952 gentleman from Michigan (Mr. role in the leadership of this House in where he served until 1960. And in 1964, he BONIOR). many, many different ways: as a mem- ws elected to the Massachusetts State Senate Mr. BONIOR. Mr. Speaker, I thank ber of the Committee on Rules, as the where he served until 1970. It was in 1972, my colleague for taking the time to ranking member on the Committee on after briefly serving on the Boston City Coun- honor our dear friend, JOE MOAKLEY. Rules, a member of our leadership or- cil, that he was first elected to the U.S. House I think above all, JOE communicates. ganization, as a member of our ranking of Representatives from the 9th District. The dedication of this Post Office to Members’ organization. We admire tre- It was not long after he began his second him fits his ability to communicate mendously the service that he has term that he gained a seat on the House with people, whether it is a funny brought. Rules Committee, where still serves today as story, in which there are endless num- What really sets JOE MOAKLEY apart ranking member. In 1989, he was made chair- bers, and they just kind of flow out of is his relationship with his constitu- man of that committee. As chairman, he con- JOE, or whether it is something as seri- ents. We all know that he has all of ducted himself with his characteristic sense of ous as dealing for justice for the people these wonderful roles, dean of the dele- integrity and humor. of Central America to which he and the gation for Massachusetts, ranking Through all his years of service which he gentleman from Massachusetts played member on the Committee on Rules, a continues today, he has worked tirelessly for such an important role. I consider JOE leader in the House in so many ways. his district, giving them the same full measure not only a friend but a mentor. We He has done so much in Central Amer- of devotion that he gave to other matters, served together on the Committee on ica. He has done so much with many of such as human rights abuses in Central Amer- Rules for 14 years. He was always in- his constituents in many, many ways. ica, which he helped investigate and report on. sightful. He was always there to break But I think that above all else is his His actions helped expose injustice, and likely the tension with a great joke. He is a humanity, his humanness, his relation- contributed to the end of a brutal civil war in person that knows how to seize the mo- ship with each of us individually and El Salvador. ment and make the most of it politi- collectively. He is to me the embodi- I have always believed that the measure of cally. I will miss him when he leaves ment of public service. At his press a person’s life is not contained merely in the this institution. I understand that he conference where he announced his re- years they spend in office, but rather in how will not be seeking reelection. In my tirement, JOE said the people I rep- their actions in office continue to positively af- estimation, he is one of the finest peo- resent are more than constituents, fect the neighborhoods, district, and people ple that has ever served in this body. they are family. That is the way JOE I want to say something about Cen- they served, long after their time in service MOAKLEY treated everyone. He treated has drawn to a close. If a person’s actions tral America because a lot of people everyone he met, his constituents, even have improved the life of even one person, or don’t recall JOE’s activity there be- total strangers as part of his family. one family, or one community, then there is no cause they were not here. There has end or limit to what their service has meant to been such large turnover since the late b 1145 others. And for JOE MOAKLEY, there is no end 1980s. The death squads in El Salvador, in sight. as the PBS special that recently played He was always funny, he was always No matter how long I spend as a Member across the country showed, it was JOE friendly, he was always warm, he was of this body, I am now, and will always be, MOAKLEY’s persistence and courage always loving of other people. And he proud to say that I served with JOE MOAKLEY. that changed the complexion of life in always will be. I think, more than any- Mr. MCGOVERN. Mr. Speaker, I yield that country and for many Central thing that we can say about JOE MOAK- myself such time as I may consume. Americans. He had great courage in LEY today, we can see that he has em- We are waiting for a couple of other standing up for them. He is a man that bodied in everything that he has done speakers, but I want to take this op- I have great admiration for, and it is the humankindness and love that all of portunity to say something that is im- only fitting that we name this Post Of- us should like to represent. portant to say. I am a former staffer of fice after him, but that we pay tribute We love you, JOE, and we look for- JOE MOAKLEY. I am one of the few peo- to his great service. ward to working with you in the days ple who ever left his staff. Most of the Mr. Speaker, he was there for me in ahead in this Congress to make things people who have worked for him have every battle that I ever had in this in- better for the people of America and worked for him for many years, and stitution, in my leadership battles, in the people of Massachusetts. they have done so because they admire my battles with respect to putting to- Mr. MCGOVERN. Mr. Speaker, I yield him and respect what he stands for. gether an organization that would get myself such time as I may consume.

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I want to thank our leader the gen- Mr. Speaker, I yield such time as he I have enjoyed my service with JOE over the tleman from Missouri (Mr. GEPHARDT) may consume to the gentleman from years and I will treasure the remaining time in for his remarks. He mentioned JOE’s Rhode Island (Mr. KENNEDY). the 107th Congress. humanity. I think all of us agree with Mr. KENNEDY of Rhode Island. Mr. Good luck, JOE. him when he says that Joe treated us Speaker, I thank my friend and col- Mr. OBERSTAR. Mr. Speaker, I rise in all like family, and he treated us all league for yielding time and say to my strong support of H.R. 559, a bill to designate with an incredible amount of respect. colleague, the gentleman from Massa- the Federal Courthouse in Boston in honor of JOE MOAKLEY is probably the most gen- chusetts (Mr. MCGOVERN) what a won- Congressman JOE MOAKLEY. It is with great uine person that any of us know. There derful tribute he has organized on be- respect that we honor one of Congress’ most is not a phony bone in his body. That is half of a wonderful man that I know all prolific workers and dedicated Members with why people love him so much, because of our colleagues are distressed to this designation. when he speaks to you and even when learn is facing the fight of his life but JOE MOAKLEY is a true Bostonian. He was he disagrees with you, it is from his someone whom we all know could face born in Boston on April 27, 1927. He attended heart. It is because of what he believes. that fight like no other in this House, local schools, and at the young age of 15 I very much treasure that trait in him with charm and dignity and sense of joined the U.S. Navy, serving in the South Pa- and very much value his friendship. importance in life and humor that none cific during World War II. After the war, JOE at- Mr. Speaker, I want to again thank of us, I do not think, could have if we tended the University of Miami. Upon his re- the gentleman from Ohio (Mr. were in his shoes right now facing what turn to Boston he attended Suffolk University LATOURETTE) for all of his cooperation he is facing. Law School and received his law degree in and for all of his generosity with the I just want to close by saying I can- 1956. not think of anybody, and I know my time. I want to thank on behalf of all In 1952, at the age of 25, JOE was elected the Massachusetts delegation and the father feels the same way, that would to the Massachusetts legislature. From 1952 people of Massachusetts everybody who better have his name on really now a until 1960 he served in the Massachusetts has spoken here today. Words cannot landmark in Boston like the Federal House of Representatives, and from 1962 until express adequately how much it means courthouse than JOE MOAKLEY. I think 1970, he served in the Massachusetts Senate. to all of us that you have come here what a tribute it will be to have that He specialized in urban affairs and environ- today to express your support and your beautiful courthouse which he was mental legislation. such a major part in bringing about friendship and your love for JOE MOAK- In 1971, topping the ticket with a record- bear his name right next to the bridge LEY. breaking vote in both the primary and general that bears the name of his late wife. I want to thank all my colleagues for elections, JOE MOAKLEY won a seat on the All of Boston and all of Massachu- getting behind this initiative. This is Boston City Council. Just 2 years later he was setts and all of New England and all of the right thing to do. JOE MOAKLEY is elected to represent the Ninth Congressional this country and all over the world for going to be with us for the next couple District. After his first term he was appointed the people that JOE MOAKLEY has stood of years, and we are going to be able to to a seat on the House Rules Committee—a for, this is a great tribute to him. I ask continue to enjoy his humor and to seat previously held by former Speaker Tip my colleagues to join me in urging pas- watch him in action. But I think this is O’Neill, Jr., his close friend and mentor. the appropriate way to say to JOE, sage of the Joe Moakley Federal Court- In June 1989, Congressman MOAKLEY was ‘‘thank you.’’ It does not do justice to house Building. Mr. HALL of Ohio. Mr. Speaker, I rise in appointed chairman of the House Rules Com- all that we should do to thank him, but mittee, which controls the flow of legislation this is a small gesture of our affection. support of this legislation as a tribute to a great American and outstanding Congress- and set terms for floor debate. In 1995, Mr. As I said at the end of my remarks MOAKLEY became the committee’s ranking man, JOE MOAKLEY. when I opened up here, I will say it member. again, JOE, we all love you a lot. As a member of the Rules Committee, I have the privilege of working closely with JOE. All of us will be known for our legislative Mr. Speaker, I yield back the balance achievements but few will be remembered for of my time. Serving on the Rules Committee is often a thankless job. It requires late hours and uncer- their broad concern for humanity. For JOE GENERAL LEAVE tain schedules. For the ranking Democrat, that MOAKLEY, it is one of the ways in which he Mr. LATOURETTE. Mr. Speaker, I job is even more difficult. Yet JOE approaches distinguishes himself. In 1989, JOE embarked ask unanimous consent that all Mem- his task with dedication and never-ending en- on his most ambitious mission concerning bers may have 5 legislative days within ergy. abuses of human rights. His outrage at the which to revise and extend their re- I can remember waiting around for many blatant murder of six Jesuits, their house- marks and include extraneous material light-night sessions when we were entertained keeper and her daughter in 1989 in El Sal- on H.R. 559. by his stories. Even under the most difficult vador propelled him into a national investiga- The SPEAKER pro tempore (Mr. circumstances, JOE never lost his wit and tion that culminated in the Moakley report. LAHOOD). Is there objection to the re- sense of humor. This searing document revealed the involve- quest of the gentleman from Ohio? JOE represents the best of Democratic ment of several high-ranking Salvadoran mili- There was no objection. ideals of compassion and justice. He has tary officials in the murders. The findings in Mr. LATOURETTE. Mr. Speaker, I championed the rights of the poor, the ne- this report resulted in the termination of United yield myself such time as I may con- glected, and oppressed, not only in this coun- States military aid to El Salvador. It also led to sume. try but throughout the hemisphere. his concern with the School of Americas. More Mr. Speaker, many Members have He has served his Boston constituents with importantly, the people of the small village of come over to the floor today, Members honor and dignity. He has skillfully used his Santa Marta had their sense of justice and that know JOE MOAKLEY far better position to bring Federal Government services fairness renewed and refreshed by the dili- than I, and have shared their personal to his community. He is the best that govern- gence and hard work of JOE MOAKLEY. stories of his dedication and his com- ment has to offer. Although JOE’s concern for abuses of passion, his fierce competitiveness, his It is highly appropriate to name a Federal human rights brought him international atten- desire to be a good Democrat and serve courthouse after JOE. A courthouse is where tion, he proudly remained a ‘‘bread and butter’’ well the constituents of South Boston citizens seek justice from their government. and ‘‘nuts and bolts’’ politician—caring and and a lot of stories about his wit. That is JOE’s legacy. concentrating on the people of the Ninth Con- I can only tell you, Mr. Speaker, that When JOE MOAKLEY was diagnosed with gressional District in his beloved Boston. His as a House we are united in our desire leukemia, his doctor recommended that he efforts resulted in securing funds for, among to honor our longtime colleague; and consider retiring from Congress and doing other things, the dredging of Boston Harbor, there is no honor more fitting than what he wants to do. JOE replied that serving renovation of the World Trade Center, bridges what we plan to do today and that is to in Congress is what he wants to do. That’s for access to the Boston waterfront, the Juve- name the United States courthouse in JOE MOAKLEY—serving others rather than nile Justice Center at Suffolk University, Bos- Boston after one of Boston’s sons, JOHN thinking of himself. ton Public Library, and economic development JOSEPH MOAKLEY. There is no way our Nation can fully thank in the Miles Standish Industrial Park in Taun- I urge passage of the bill. JOE for his service, but this is a fitting attempt. ton.

VerDate 14-FEB-2001 02:46 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K14FE7.034 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H343

His constituents benefited from his dedica- our former Speaker Tip O’Neil, JOE has never Navy. Risking his life to defend our country tion to environmental protection. He was in- forgotten where he came from and has never during World War II only marked the beginning strumental in establishing the Boston Harbor forgotten that ‘‘all politics is local.’’ of his career in public service. JOE rose Islands National Park, and as previously men- The people of JOE’s district have benefited through the ranks of local government and tioned, he secured funds to clean up Boston greatly by his leadership in the Hosue—and was elected to the U.S. House of Representa- Harbor. He did not forget historic preserva- hundreds of millions of tax dollars have been tives in 1972. It has been my distinct honor to tion—Faneuiel Hall, The African Meeting returned to JOE’s district and State to improve work with him the past 22 years, and in that House, the Old South Church, the Freedom major infrastructure and other public projects. time I have come to recognize him, as have Trail, the U.S.S. Constitution, and the Boston Projects include the dredging the Boston many others, as a man driven by principal and Customs House all received necessary fund- Harbor, the reconstruction of the Barnes Build- conviction. ing to preserve these American treasures. ing—the last major operating military facility in During his tenure in the House, JOE has be- During his career, over 5,100 congressional Boston, the South Boston Piers Transit Way, come a renegade for human rights. His desire actions bear the name JOE MOAKLEY. His in- the modernization and expansion of the Bos- to find answers to the brutal murders of inno- terests include support for the Olympics, regu- ton transit system, the renovation and mod- cent civilians in El Salvador led a divided latory review, Medicare, human rights, civil ernization of South Station and Logan Air- country to an eventual peace agreement in rights, violence, police protection, education, port—and the list goes on. 1992. His leadership, his passion and his environmental protections, energy assistance I have enjoyed working with JOE on human dedication to civic justice will truly be remem- programs for the poor and elderly, landmark rights issues. JOE’s dedication to fairness and bered. legislation designating arson as a major crime, justice was demonstrated in his leadership in Most significantly, I have admired JOE for merchant marines issues, and international af- bringing to justice the ruthless murderers of his tireless commitment to the people of the fairs. JOE MOAKLEY has received numerous six Jesuit priests and their housekeeper in El Ninth District of Massachusetts. JOE is a mem- awards and honors including an honorary doc- Salvador in 1989. ber of this body who will truly be missed. torate from Suffolk University, and an honorary JOE’s ability to work with other Members While this tribute cannot begin to commu- doctorate from Northeastern University in polit- and his ability to get things done helped him nicate his greatness as a leader and friend, I ical science. lead the Rules Committee for 6 years. JOE’s can say that this body has been made better Of course, no picture of JOE MOAKLEY would humor and unfailing courtesy have set a high by his presence and will be lesser in his ab- be complete without mentioning his boundless standard for all of us to follow in the House. sence. Mr. Speaker, I ask all my colleagues to Irish wit, his legendary expertise at telling a It is most fitting and proper that we honor join with me today in celebrating the accom- story, his unfailing courtesy, kindness, and im- JOE MOAKLEY by designating the new Federal plishments of Congressman JOE MOAKLEY. mense generosity. courthouse in Boston as the John Joseph Mr. LATOURETTE. Mr. Speaker, I Mr. Speaker, I would like to close with an Moakley U.S. Courthouse. yield back the balance of my time. Irish blessing for our esteemed colleague JOE Mr. BACA. Mr. Speaker, I rise in support of The SPEAKER pro tempore. The bill MOAKLEY: H.R. 559, designating the John Joseph Moak- is considered read for amendment. May the friendships you make, ley Courthouse. Pursuant to the order of the House of Be those which endure, My colleague from Massachusetts is a legis- Tuesday, February 13, 2001, the pre- And all of your grey clouds lator’s legislator, fighting for the people of his vious question is ordered. Be small ones for sure. district. He has lived by Tip O’Neill’s adage The question is on the engrossment And trusting in Him that all politics is local, and under his leader- and third reading of the bill. To whom we all pray, ship, Massachusetts has benefitted, as he has The bill was ordered to be engrossed May a song fill your heart, carried bills promoting high tech businesses, Every step of the way. and read a third time, was read the creating jobs, and developing the local econ- third time, and passed, and a motion to Mr. Speaker, it is with great pleasure that I omy. reconsider was laid on the table. support H.R. 559 and urge my colleagues to It is therefore fitting that a courthouse in his f join me in supporting this bill. district bear the name the John Joseph Moak- Mr. TRAFICANT. Mr. Speaker, JOE MOAK- ley Courthouse. ELECTRONIC COMMERCE LEY is a great American. At the age of 25 his He is a remarkable man. Serving our nation ENHANCEMENT ACT OF 2001 political career began with a seat on the Mas- in World War II, going to college and then Mr. BOEHLERT. Mr. Speaker, I move sachusetts State Legislature. This was just the earning his law degree at night, serving in the to suspend the rules and pass the bill beginning of a long and active political career, Massachusetts State Legislature and the Bos- (H.R. 524) to require the Director of the serving on both the Massachusetts State ton City Council, and finally being elected to National Institute of Standards and House of Representatives and the Massachu- the U.S. Congress. He has filled big shoes, Technology to assist small and me- setts State Senate. JOE MOAKLEY started his serving on the Rules Committee in the seat dium-sized manufacturers and other service to the Ninth District of Massachusetts previously held by former Speaker Tip O’Neill, such businesses to successfully inte- in 1972. His long record of service to the Jr., ascending to its chairmanship when grate and utilize electronic commerce Democratic Party was rewarded when he was Democrats held the majority, and ranking technologies and business practices, appointed chairman of the Rules Committee in member in the minority. and to authorize the National Institute June 1989. JOE MOAKLEY has shown his con- He has a strong commitment to human of Standards and Technology to assess tinued dedication through his service as rank- rights, a passion for gentle debate, a keen critical enterprise integration stand- ing member on the Rules Committee since sense of humor, and the ability to resolve dif- ards and implementation activities for 1994. ficult disputes. major manufacturing industries and to JOE MOAKLEY is a very dedicated man who I can think of no better or more fitting tribute develop a plan for enterprise integra- deserves the honor designating the John Jo- to a man who has devoted his career to pro- tion for each major manufacturing in- seph Moakley Courthouse in Boston, MA. I moting the rule of law for our nation and his dustry. supported a bill proposing this honor for JOE constituents. The Clerk read as follows: MOAKLEY in the 106th Congress and am I wish him my prayers and good thoughts in H.R. 524 pleased to support this bill again. fighting his recently diagnosed leukemia, and Be it enacted by the Senate and House of Rep- It has been an honor and a privilege to I wish him God’s blessings and the strength resentatives of the United States of America in serve with JOE, and his presence in the U.S. that comes from faith. Congress assembled, Congress will be sorely missed. I will always Mr. MATSUI. Mr. Speaker, I rise today to SECTION 1. SHORT TITLE. consider JOE as my friend. pay tribute to the many accomplishments of This Act may be cited as the ‘‘Electronic Mr. COSTELLO. Mr. Speaker, I rise in my friend, Mr. JOE MOAKLEY of Massachusetts. Commerce Enhancement Act of 2001’’. strong support of H.R. 559, a bill to designate I stand before you to commend a man who TITLE I—ELECTRONIC COMMERCE the new Federal courthouse in Boston as the embodies infinite courage and legendary patri- SEC. 101. FINDINGS. John Joseph Moakley U.S. Courthouse. otism. I ask my colleagues to join me in hon- The Congress finds the following: Mr. Speaker, our friend and colleague JOE oring the dedicated service of Congressman (1) Commercial transactions on the Inter- MOAKLEY has been an outstanding Member of JOE MOAKLEY. net, whether retail business-to-customer or this House working tirelessly for the people of Bound by a sense of service to country, JOE business-to-business, are commonly called his district and our Nation. Like his friend and lied about his young age to enlist in the U.S. electronic commerce.

VerDate 14-FEB-2001 02:46 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.011 pfrm02 PsN: H14PT1 H344 CONGRESSIONAL RECORD — HOUSE February 14, 2001 (2) In the United States, business-to-busi- (3) identify the impact and problems of milestones for the National Institute of ness transactions between small and me- interoperability to electronic commerce, and Standards and Technology portion of the dium-sized manufacturers and other such include an economic assessment; and plan, the dates of likely achievement of businesses and their suppliers is rapidly (4) include a preliminary assessment of the those milestones, and anticipated costs to growing, as many of these businesses begin appropriate role of, and recommendations the Government and industry by fiscal year. to use Internet connections for supply-chain for, the Manufacturing Extension Partner- Updates of the plans and a progress report management, after-sales support, and pay- ship program to assist small and medium- for the past year shall be submitted annually ments. sized manufacturers and other such busi- until for a given industry, in the opinion of (3) Small and medium-sized manufacturers nesses to integrate and utilize electronic the Director, enterprise integration has been and other such businesses play a critical role commerce technologies and business prac- achieved. in the United States economy. tices. SEC. 202. DEFINITIONS. (4) Electronic commerce can help small (c) FINAL REPORT.—Within 18 months after For purposes of this title— and medium-sized manufacturers and other the date of the enactment of this Act, the (1) the term ‘‘Director’’ means the Director such businesses develop new products and Advisory Panel shall report to the Director of the National Institute of Standards and markets, interact more quickly and effi- and to the Committee on Science of the Technology; ciently with suppliers and customers, and House of Representatives and the Committee (2) the term ‘‘enterprise integration’’ improve productivity by increasing effi- on Commerce, Science, and Transportation means the electronic linkage of manufactur- ciency and reducing transaction costs and of the Senate a 3-year assessment of the ers, assemblers, and suppliers to enable the paperwork. Small and medium-sized manu- needs of small and medium-sized manufac- electronic exchange of product, manufac- facturers and other such businesses who turers and other such businesses to integrate turing, and other business data among all fully exploit the potential of electronic com- and utilize electronic commerce technologies businesses in a product supply chain, and merce activities can use it to interact with and business practices. The report shall in- such term includes related application proto- customers, suppliers, and the public, and for clude— cols and other related standards; and external support functions such as personnel (1) a 3-year planning document for the (3) the term ‘‘major manufacturing indus- services and employee training. Manufacturing Extension Partnership pro- try’’ includes the aerospace, automotive, (5) The National Institute of Standards and gram in the field of electronic commerce; electronics, shipbuilding, construction, home Technology’s Manufacturing Extension Part- and building, furniture, textile, and apparel in- nership program has a successful record of (2) recommendations, if necessary, for the dustries and such other industries as the Di- assisting small and medium-sized manufac- National Institute of Standards and Tech- rector designates. turers and other such businesses. In addition, nology to address interoperability issues in the Manufacturing Extension Partnership the field of electronic commerce. The SPEAKER pro tempore. Pursu- program, working with the Small Business SEC. 103. ELECTRONIC COMMERCE PILOT PRO- ant to the rule, the gentleman from Administration, successfully assisted United GRAM. New York (Mr. BOEHLERT) and the gen- States small enterprises in remediating their The National Institute of Standards and tleman from Michigan (Mr. BARCIA) Y2K computer problems. Technology’s Manufacturing Extension Part- each will control 20 minutes. (6) A critical element of electronic com- nership program, in consultation with the The Chair recognizes the gentleman merce is the ability of different electronic Small Business Administration, shall estab- from New York (Mr. BOEHLERT). commerce systems to exchange information. lish a pilot program to assist small and me- The continued growth of electronic com- dium-sized manufacturers and other such GENERAL LEAVE merce will be enhanced by the development businesses in integrating and utilizing elec- Mr. BOEHLERT. Mr. Speaker, I ask of private voluntary interoperability stand- tronic commerce technologies and business unanimous consent that all Members ards and testbeds to ensure the compat- practices. The goal of the pilot program shall may have 5 legislative days within ibility of different systems. be to provide small and medium-sized manu- which to revise and extend their re- facturers and other such businesses with the marks on H.R. 524. SEC. 102. REPORT ON THE UTILIZATION OF ELEC- information they need to make informed de- TRONIC COMMERCE. cisions in utilizing electronic commerce-re- The SPEAKER pro tempore. Is there (a) ADVISORY PANEL.—The Director of the lated goods and services. Such program shall objection to the request of the gen- National Institute of Standards and Tech- be implemented through a competitive tleman from New York? nology (in this title referred to as the ‘‘Di- grants program for existing Regional Centers There was no objection. rector’’) shall establish an Advisory Panel to for the Transfer of Manufacturing Tech- Mr. BOEHLERT. Mr. Speaker, I yield report on the challenges facing small and nology established under section 25 of the myself such time as I may consume. medium-sized manufacturers and other such National Institute of Standards and Tech- During a busy day, most Americans businesses in integrating and utilizing elec- nology Act (15 U.S.C. 278k). In carrying out tronic commerce technologies and business this section, the Manufacturing Extension probably do not stop to think about the practices. The Advisory Panel shall be com- Partnership program shall consult with the impact small manufacturing has on all prised of representatives of the Technology Advisory Panel and utilize the Advisory Pan- of our lives. In fact, most Americans Administration, the National Institute of el’s reports. would be surprised to learn that it is Standards and Technology’s Manufacturing TITLE II—ENTERPRISE INTEGRATION all but impossible to get through a day Extension Partnership program established SEC. 201. ENTERPRISE INTEGRATION ASSESS- without using and benefiting from the under sections 25 and 26 of the National In- MENT AND PLAN. many products created by our Nation’s stitute of Standards and Technology Act (15 (a) ASSESSMENT.—The Director shall work small manufacturers. Everything from U.S.C. 278k and 278l), the Small Business Ad- to identify critical enterprise integration the alarm clock ringing in the morn- ministration, and other relevant parties as standards and implementation activities for identified by the Director. ing, to the clothes we wear, to the com- major manufacturing industries underway in munications equipment C–SPAN uses (b) INITIAL REPORT.—Within 12 months the United States. For each major manufac- after the date of the enactment of this Act, turing industry, the Director shall work with to broadcast these House proceedings the Advisory Panel shall report to the Direc- industry representatives and organizations live can be attributed in part to small tor and to the Committee on Science of the currently engaged in enterprise integration manufacturing. House of Representatives and the Committee activities and other appropriate representa- It is not surprising, then, that small on Commerce, Science, and Transportation tives as necessary. They shall assess the cur- manufacturers contribute so greatly to of the Senate on the immediate require- rent state of enterprise integration within our Nation’s economic growth and ments of small and medium-sized manufac- the industry, identify the remaining steps in prosperity. Small manufacturers em- turers and other such businesses to integrate achieving enterprise integration, and work ploy over 12 million Americans, trans- and utilize electronic commerce technologies toward agreement on the roles of the Na- and business practices. The report shall— tional Institute of Standards and Technology lating to nearly 1 in 10 workers nation- (1) describe the current utilization of elec- and of the private sector in that process. wide. It is estimated that a manufac- tronic commerce practices by small and me- Within 90 days after the date of the enact- turing sale of $1 results in an increase dium-sized manufacturers and other such ment of this Act, the Director shall report to of total output in the economy of $2.30. businesses, detailing the different levels be- the Congress on these matters and on antici- As they seek to remain a driving force tween business-to-retail customer and busi- pated related National Institute of Stand- in our Nation’s economy, one of the ness-to-business transactions; ards and Technology activities for the then greatest challenges facing small manu- (2) describe and assess the utilization and current fiscal year. facturers in the coming decade will be need for encryption and electronic authen- (b) PLANS AND REPORTS.—Within 180 days tication components and electronically after the date of the enactment of this Act, the need to implement successful e- stored data security in electronic commerce the Director shall submit to the Congress a commerce business strategies allowing for small and medium-sized manufacturers plan for enterprise integration for each them to better compete in the bur- and other such businesses; major manufacturing industry, including geoning information age.

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.015 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H345 It is estimated that sales in elec- I want to express my gratitude to problems in the automotive supply tronic commerce alone will reach near- both the gentleman from New York chain. Other industries with complex ly $3.2 trillion by the year 2003. Small (Mr. BOEHLERT) as well as the gen- manufacturing requirements could be manufacturers who successfully em- tleman from Michigan (Mr. EHLERS) for expected to suffer similar losses. brace new technology and all its bene- their spirit of bipartisanship which is a The National Institute of Standards fits will be able to capitalize on the continuation of the good working rela- and Technology, or NIST, has sup- growing trend in online sales and have tionship which our committee enjoyed ported the first phase of an automotive the potential to increase both their in the last several sessions but cer- supply chain interoperability study in productivity and revenues. Beyond on- tainly bodes well in this new session. my home State of Michigan. This pro- line sales, e-commerce can help small Certainly the fact is not lost that the gram was highly successful and strong- manufacturers develop new products first action in this new session of the ly supported by industry. H.R. 524 and markets while at the same time al- committee is reporting a Democratic builds upon this preliminary effort. lowing them to interact more quickly bill. For that I am very grateful. I NIST would perform an assessment to and efficiently with their suppliers and want to say how much I look forward identify critical enterprise integration customers. to continuing to work with the gen- standards and implementation activi- I am pleased to join the gentleman tleman from New York and continuing ties and report back to Congress. from Michigan (Mr. BARCIA), the rank- that great spirit of bipartisanship I want to thank also the gentle- ing member of the Subcommittee on which the Committee on Science has woman from Maryland (Chairwoman Environment, Technology and Stand- been so well renowned for and to say MORELLA) for working with me on this ards, as an original cosponsor of H.R. how delighted we are that he will be legislation in the last Congress and 524, the Electronic Commerce Enhance- leading our full committee efforts here also want to thank the gentleman from ment Act. H.R. 524 will allow the direc- in committee and on the floor. Wisconsin (Chairman SENSENBRENNER) tor of the National Institutes of Stand- Mr. Speaker, I rise in support of H.R. for his efforts to bring this bill to the ards and Technology, which we all 524, the Electronic Commerce Enhance- floor in the 106th Congress as well. know as NIST, to establish an advisory ment Act. H.R. 524 represents a bipar- Of course, I want to thank our new panel comprised of both government tisan effort to assist small and me- Committee on Science chairman, as I and private sector representatives that dium-sized enterprises to bringing just mentioned, the gentleman from will provide Congress with a com- their businesses online. H.R. 524 is the New York (Chairman BOEHLERT), as prehensive report detailing the chal- same text as H.R. 4429 which was re- well as the gentleman from Michigan lenges facing small manufacturers in ported by the Committee on Science (Chairman EHLERS) and the ranking integrating and utilizing electronic and passed by the House in the 106th member, the gentleman from Texas commerce technologies. Congress. (Mr. HALL), for cosponsoring this legis- The report will also require a 3-year The bill before us today reflects lation and supporting bringing it to the blueprint for NIST’s Manufacturing again a bipartisan consensus. I, the floor so expeditiously. I hope this rep- Extension Partnership program, or gentleman from New York (Mr. BOEH- resents the first of many bipartisan MEP, in the area of electronic com- LERT), the gentleman from Texas (Mr. Committee on Science bills that we merce. MEP, with over 400 centers in HALL), and the gentleman from Michi- will bring to the floor of the 107th Con- all 50 States, has been a valuable tech- gan (Mr. EHLERS), along with other gress. nology transfer resource for many Members, decided to reintroduce this Mr. Speaker, the manufacturing ex- small manufacturers nationwide. By legislation because of the challenges tension partnership has a proven track establishing a 3-year plan, we will have small and medium-sized businesses face record of helping thousands of small a better idea of how NIST MEP can be in implementing the electronic com- businesses across the country. The Na- most useful in helping small manufac- merce activities. As large corporations tional Institute of Standards and Tech- turers overcome the barriers they face move their business transactions on- nology has continually worked in part- in the electronic world. line, small companies in the supply nership with the private sector to Finally, H.R. 524 establishes a lim- chain must go online as well. However, make advancements that benefit ited e-commerce pilot program admin- many of these small companies lack countless American businesses. istered through the Manufacturing Ex- the information they need to make in- In closing, I believe this bill rep- tension Partnership program, in con- formed decisions on choosing e-com- resents sound and reasonable policy junction with the Small Business Ad- merce products and services. The Elec- that builds upon the impressive history ministration, aimed at assisting small tronic Commerce Enhancement Act ad- of these Federal agencies. I urge my manufacturers to integrate e-com- dresses this problem. colleagues to support this measure. merce business strategies. Last Con- First, H.R. 524 establishes an advi- Mr. Speaker, I reserve the balance of gress, the House passed legislation mir- sory panel to assess the e-commerce my time. roring H.R. 524 by voice vote. Unfortu- needs of small businesses. This advi- Mr. BOEHLERT. Mr. Speaker, I am nately, Congress adjourned before the sory panel should represent an equal pleased to yield 6 minutes to the gen- Senate could act on the measure. I am partnership between industry, govern- tleman from Michigan (Mr. EHLERS), hopeful we will be able to get the bill ment, and other affected groups. The the distinguished chairman of the Sub- signed into law this year. Accordingly, Manufacturing Extension Partnership, committee on Environment, Tech- I urge my colleagues to join me in sup- working with the advisory panel, will nology and Standards. port of the Electronic Commerce En- establish a pilot program at MEP cen- Mr. EHLERS. Mr. Speaker, I thank hancement Act of 2001. ters to provide small businesses with the chairman for yielding me time. Let me close my formal remarks by the information they need to make in- Mr. Speaker, I welcome the gen- commending my colleague, good friend, formed, intelligent purchases of e-com- tleman from Michigan (Mr. BARCIA) to and partner, the gentleman from merce products and services. the ranking member position on the Michigan (Mr. BARCIA), for his tena- Subcommittee on Environment, Tech- ciousness, for his innovativeness and b 1200 nology and Standards; and I look for- for the hard work that has produced This bill also addresses the issue of ward to working with him. We have this product. interoperability in the manufacturing been friends for many years, first in Mr. Speaker, I reserve the balance of supply chain. Adoption of e-commerce the Michigan House, then the Michigan my time. practices within a supply chain can be Senate, and now in the Congress, and Mr. BARCIA. Mr. Speaker, I yield hindered by the lack of interoper- especially on this particular sub- myself such time as I may consume. I ability of software, hardware, and net- committee. too want to commend my very good works in exchanging product data and Mr. Speaker, I rise today in support friend and distinguished colleague in other key business information. of H.R. 524, the Electronic Commerce his, I believe, maiden remarks on the For example, a recent study indi- Enhancement Act of 2001. Small manu- floor here as the new full Committee cated losses of $1 billion in terms of facturers play a vital role in our soci- on Science chairman. productivity due to interoperability ety. Each and every day we all rely on

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.036 pfrm02 PsN: H14PT1 H346 CONGRESSIONAL RECORD — HOUSE February 14, 2001 the many goods they produce to help manufacturers that they supply, they economic growth, this bill assists in sustain and improve our lives. Small should not have to be required to put developing tools to alleviate the prob- manufacturers are an integral part of in different systems for every manufac- lems of interoperability. our communities, employing hundreds turer they deal with. H.R. 524 will help promote electronic of our friends and neighbors and acting In addition to this, a lack of qualified commerce in these small- to medium- as anchors that help to foster growth trained technology workers in the mar- sized companies by identifying the and prosperity in many small towns ketplace today makes it difficult to challenges that they face and estab- across our Nation. In our inner cities, successfully integrate technology into lishing programs to assist them in it is often small manufacturers that the workplace in a meaningful way. overcoming these obstacles. These pro- have helped to spur urban renewal and Over half the small manufacturers sur- grams include the electronic linkage of act as the industrial foundation in our veyed revealed that human resource manufacturers, assemblers, and sup- metropolitan areas. shortages were a major problem when pliers that will enable them to ex- Recently I visited a factory in my trying to implement their e-commerce change product, manufacturing and district. It is a classic example of what plans. other business data within the supply I just described here. A gentleman pur- I would add parenthetically here that chain. By allowing the National Insti- chased a faltering plant which was on I have introduced legislation to im- tute of Standards and Technology tech- the verge of bankruptcy. It had 50 em- prove K–12 math-science education, nology to assist small- and medium- ployees. He reinvigorated it; and which would go a long way toward sized businesses to successfully inte- through good management and ad- solving the problems that are indicated grate electronic commerce, Congress vanced techniques of manufacturing, in the previous paragraph and that I will promote effective standards for including communication, he became a also mentioned earlier for the manu- helping these businesses prosper in our supplier of parts for the Chrysler Cor- facturer in my district who could not economy. poration, now the Daimler Chrysler find the employees he needed. I want to thank the gentleman from Corporation. At the time I visited, he H.R. 524 is an important piece of leg- Michigan (Mr. BARCIA) and the gen- had 250 employees and he said he had islation because it will help us get a tleman from Michigan (Mr. EHLERS) for work for 500, if he could only find better picture of all of the barriers pre- their work in recognizing the impor- qualified individuals to work there. venting small manufacturers from suc- tance of small businesses, the gen- He also showed me a machine that cessfully implementing electronic com- tleman from Wisconsin (Mr. SENSEN- was producing parts for the Chrysler merce strategies by having both gov- BRENNER) for his work in passing this minivan. He had produced 2 million of ernment and private-sector representa- bill in the 106th Congress, and the gen- those parts for the Chrysler Corpora- tives take a closer look at the problem. tleman from New York (Chairman tion, without one single rejection by In addition, the limited pilot pro- BOEHLERT) for his new leadership on them for defects. He was very proud of gram created by H.R. 524 will tell us the Committee on Science and on this his record. That is the type of thing what is and what is not working in the issue. I urge my colleagues to support small manufacturers do so well. workplace. NIST’s Manufacturing Ex- this legislation. The future success and growth of tension Partnership program, or MEP, Mr. BOEHLERT. Mr. Speaker, I yield many small manufacturers such as working in conjunction with the Small 3 minutes to the distinguished gentle- that will increasingly rely on their Business Administration, is uniquely woman from Maryland (Mrs. MORELLA), ability to adapt to the ever-changing suited to assist small manufacturers in the senior member of the committee. electronic business environment. In a this endeavor. The hundreds of MEP Mrs. MORELLA. Mr. Speaker, I recent survey, nearly 80 percent of centers all across the country have a thank the gentleman for yielding, and small manufacturers reported having a proven track record in effectively pro- I certainly want to thank him as chair- Web page, which is good; but only 25 viding small manufacturers with the man of the Committee on Science for percent indicated they used the Inter- advice and expertise they need in order bringing this issue to the floor and for net for direct sales. This means that to succeed. his strong support of it. most small manufacturers are missing I am pleased to join the chairman of Obviously, the ranking member of out on an estimated $3.2 trillion in e- the Committee on Science, the gen- our Subcommittee on Technology for commerce sales over the next 2 years. tleman from New York (Mr. BOEH- the last years, the gentleman from They are also missing out on the op- LERT), and the ranking member of the Michigan (Mr. BARCIA), who introduced portunity the Internet offers to spur Subcommittee on Environment, Tech- this legislation, I wanted to commend new product development and markets nology and Standards, the gentleman him and indicate my very strong sup- while at the same time streamlining from Michigan (Mr. BARCIA), as an port for it. and improving their daily business op- original cosponsor of H.R. 524. Introduction of this bill represents a erations. Mr. Speaker, I urge all of my col- very strong bipartisan effort to assist There are many obstacles preventing leagues to join me in support of the small- and medium-sized businesses as small manufacturing from fully engag- Electronic Commerce Enhancement they move their operations into an e- ing in the new electronic-driven busi- Act of 2001. commerce environment. ness environment. Costs associated Mr. BOEHLERT. Mr. Speaker, I yield Enacted, this legislation will also im- with integrating even the most basic e- 2 minutes to the distinguished gen- prove the interoperability of the elec- commerce initiatives, coupled with the tleman from Virginia (Mr. GOODLATTE). tronic transfer of technical informa- uncertainty and the fast-paced changes Mr. GOODLATTE. Mr. Speaker, I tion in the manufacturing supply in technology, often hinder small man- thank the chairman for yielding me chain. The lack of interoperability be- ufacturers’ attempts to venture into time and for his leadership on this tween software, hardware, and net- the electronic world. issue. works in exchanging product data and Just as an example, encryption is a Mr. Speaker, I rise today in support other key business information obvi- very important part of business com- of the Electronic Commerce Enhance- ously is hurting U.S. productivity. merce. Very few small manufacturers ment Act of 2001, a bill that recognizes The costs of this barrier are enor- have the expertise to deal with the importance of the Internet and e- mous. According to a study conducted encryption problems and ensure the se- commerce to our economy. This bill by the National Institute of Standards curity, privacy, and integrity of their also recognizes the importance of busi- and Technology of product data ex- transmissions. ness-to-business transactions by small- change in the automotive sector alone, In addition to that, we need stand- to medium-sized businesses via the the inability to efficiently exchange ardization of protocols between large Internet. As technology continues to product data through the automotive manufacturers and their suppliers. We grow, unfortunately, many small- to supply chain conservatively costs have to have enterprise integration and medium-sized companies have not been about $1 billion a year. interoperability. If the smaller manu- able to utilize the potential of the Mr. Speaker, this bill was introduced facturers are going to be able to com- Internet as a business tool. In order to in the 106th Congress, reported out of municate with the large number of help these companies contribute to the Subcommittee on Technology,

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.039 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H347 which I chaired and the gentleman This makes for a bad recipe for the fu- committee on the Environment, Tech- from Michigan (Mr. BARCIA) was the ture of global e-commerce. nology, and Standards, of which this ranking member, and at that time the Too, Mr. Speaker, my other concern morning I was selected as the ranking bill was then passed unanimously by is with jurisdiction. As the title of H.R. member. the House. 524 clearly denotes, electronic com- I just want to say, as my good friend, The bill would also allow the Na- merce is the focal point of this legisla- the gentleman from Michigan (Mr. tional Institute of Standards and Tech- tion. The Committee on Energy and EHLERS) indicated, we have had the nology to work with business and in- Commerce is the committee of jurisdic- privilege of serving together in the dustry to develop voluntary standards, tion over matters relating to electronic State House in Michigan, the State standards that will assure that U.S. commerce. The committee’s jurisdic- Senate, and then coming to Congress firms will and can continue to exploit tion over electronic commerce is per- together. the power of the Internet to collabo- fectly clear. E-commerce is a mere sub- I want to say that I am delighted to rate with trading partners and through category of interstate and foreign com- be able to work with someone who has greater speed and agility to participate merce and, as such, is undeniably with- been a long-time friend, and someone in the global markets. in the purview of the committee’s long- who, throughout his tenure both in the Again, I thank my colleagues for standing jurisdiction. Michigan legislature as well as here in bringing this important issue to the The committee also has repeatedly Congress, has been recognized as one of floor. I urge all of my colleagues to dealt with e-commerce issues, as exem- certainly the most thoughtful and ef- support H.R. 524. plified by its leadership role on the fol- fective Members of both the State leg- Mr. BOEHLERT. Mr. Speaker, I yield lowing issues: No. 1, encryption; No. 2, islature and Congress. such time as he may consume to the electronic authentication of electronic I look forward to working with our distinguished gentleman from Florida signatures; No. 3, data security; and new leadership, the new Chair, and of (Mr. STEARNS). No. 4, interoperability. course my long-time friend, the gen- Mr. STEARNS. Mr. Speaker, I thank H.R. 524 is within the committee’s ju- tleman from Michigan (Mr. EHLERS), of my distinguished colleague for yielding risdiction and should have been re- the subcommittee. me time. ferred to it. The time for such a refer- I also want to thank our former Mr. Speaker, I rise in support of H.R. ral may have passed, but I assure the Chair, the gentlewoman from Maryland 524, but I do so with some reservation. Members that we, the Committee on (Mrs. MORELLA), for her just absolutely I am troubled by the bill on two par- Energy and Commerce, will vigorously great administration of our sub- ticular grounds: first, its potential neg- exert our jurisdiction over interstate committee. I think if we looked at the ative impact on e-commerce; and, two, commerce irrespective of the medium; full committee and our subcommittee, its encroachment on the Committee on that is, electronic or mobile. we probably would have one of the best Energy and Commerce jurisdiction. The committee will carefully mon- track records of bipartisanship in the Let me take the negative impact on itor NIST standard-setting activities, entire Congress, and certainly all of us e-commerce and explain this more as outlined in H.R. 524. on the Democratic side in that sub- fully. H.R. 524 ‘‘authorizes the National Mr. BARCIA. Mr. Speaker, I yield committee really appreciated her role, Institute of Standards and Technology myself such time as I may consume. and the fairness and objectivity and Mr. Speaker, I would just like to re- to assess critical enterprise integration spirit of bipartisanship that she carried spond to some of the comments made standards and implementation activi- throughout her tenure as the chair of by the gentleman from Florida. ties for major manufacturing indus- the subcommittee. Again, I thank the Obviously, in the last session we tries and to develop a plan for enter- chairman and the gentlewoman from dealt with this issue and it passed prise integration for each major indus- Maryland (Mrs. MORELLA). unanimously through the House as far try.’’ Mr. Speaker, I yield back the balance as the jurisdictional issue. I under- Mr. Speaker, such an authorization of my time. seemingly grants an open invitation to stand that some of the committee ju- risdictions are still, as we speak, being Mr. BOEHLERT. Mr. Speaker, I have a Federal Government entity, NIST, to no further requests for time, and I meddle in voluntary standard-setting delineated and settled. I understand the gentleman’s concern yield back the balance of my time. activities by private parties relating to The SPEAKER pro tempore (Mr. business-to-business electronic ex- about having NIST establish structures SIMPSON). The question is on the mo- changes. in terms of the interoperability issue, but I want to assure the gentleman tion offered by the gentleman from b 1215 from Florida that the automotive in- New York (Mr. BOEHLERT) that the Such a governmental intervention dustry spoke strongly in favor of this House suspend the rules and pass the could harbor substantial negative re- legislation, based on their experience bill, H.R. 524. percussions for e-commerce. Voluntary in Michigan that they had with a pro- The question was taken. standards-setting activities by private, gram called STEP, which, as I men- The SPEAKER pro tempore. In the non-governmental parties have been tioned, the Manufacturing Extension opinion of the Chair, two-thirds of credited with the vibrancy and innova- Partnership based in Ann Arbor, Michi- those present have voted in the affirm- tion associated with our e-commerce gan, had worked with the automotive ative. industry. Industry enterprise integra- industry to put in place. Mr. BOEHLERT. Mr. Speaker, I ob- tion or business-to-business exchanges It has been a very successful pro- ject to the vote on the ground that a are a critical component of our e-com- gram, and the automotive industry, quorum is not present and make the merce sector. Today, transactions on which is greatly impacted by this legis- point of order that a quorum is not such exchanges represent 85 percent of lation, was very strongly supportive present. the total value of e-commerce. and worked with our leadership of the The SPEAKER pro tempore. Evi- The Federal government injecting subcommittee and the full committee dently a quorum is not present. itself into a business-to-business ex- to ensure that we would not be setting The Sergeant at Arms will notify ab- change standard-setting activities in precedents or addressing some of the sent Members. our view on the Committee on Com- issues, perhaps, that the gentleman has Pursuant to clause 8 of rule XX, this merce holds no other promise but to re- concerns about. 15-minute vote on the motion to sus- tard dynamic and innovative change But we will be mindful of that, and pend the rules and pass H.R. 524 will be synonymous with e-commerce. hopefully enjoy support on passing this followed immediately by a 5-minute Moreover, authorizing such a govern- bill. vote on the question of passage of H.R. ment intervention sends the wrong sig- Mr. Speaker, if I could make one last 554, on which the yeas and nays were nal to our trading partners in Europe. comment about also my colleague and ordered. The European Union Commission is fa- friend, the gentleman from Michigan, The vote was taken by electronic de- vorably inclined to inject itself into and congratulate him on his ascension vice, and there were—yeas 409, nays 6, private standard-setting activities. to the chairmanship of the Sub- not voting 17, as follows:

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.040 pfrm02 PsN: H14PT1 H348 CONGRESSIONAL RECORD — HOUSE February 14, 2001 [Roll No. 14] Peterson (PA) Saxton Tauzin [Roll No. 15] Petri Scarborough Taylor (MS) YEAS—409 Phelps Schakowsky Taylor (NC) YEAS—404 Pickering Schiff Terry Abercrombie Dreier Kennedy (MN) Abercrombie Doyle Kerns Pitts Schrock Thomas Aderholt Duncan Kennedy (RI) Aderholt Dreier Kildee Platts Scott Thompson (CA) Akin Dunn Kerns Akin Duncan Kilpatrick Pombo Sensenbrenner Thompson (MS) Allen Edwards Kildee Allen Dunn Kind (WI) Pomeroy Serrano Thune Andrews Ehlers Kilpatrick Andrews Edwards King (NY) Portman Sessions Thurman Armey Ehrlich Kind (WI) Price (NC) Shadegg Tiahrt Armey Ehlers Kingston Baca Emerson King (NY) Pryce (OH) Shaw Tiberi Baca Ehrlich Kirk Bachus Engel Kingston Quinn Shays Tierney Bachus Emerson Kleczka Baird English Kirk Radanovich Sherman Toomey Baird Engel Knollenberg Baker Eshoo Kleczka Rahall Sherwood Traficant Baker English Kolbe Baldacci Etheridge Knollenberg Ramstad Shimkus Turner Baldacci Eshoo Kucinich Baldwin Evans Kolbe Rangel Shows Udall (CO) Baldwin Etheridge LaFalce Ballenger Everett Kucinich Regula Simmons Udall (NM) Ballenger Evans LaHood Barcia Farr LaFalce Rehberg Simpson Upton Barcia Everett Lampson Barr Fattah LaHood Reyes Sisisky Velazquez Barr Farr Langevin Barrett Ferguson Lampson Reynolds Skeen Visclosky Barrett Fattah Lantos Bartlett Filner Langevin Riley Skelton Vitter Bartlett Ferguson Largent Barton Fletcher Lantos Rivers Slaughter Walden Barton Filner Larsen (WA) Bass Foley Largent Rodriguez Smith (MI) Walsh Bass Fletcher Larson (CT) Becerra Ford Larsen (WA) Roemer Smith (NJ) Wamp Becerra Ford Latham Bentsen Fossella Larson (CT) Rogers (KY) Smith (TX) Waters Bentsen Frank LaTourette Bereuter Frank Latham Rogers (MI) Smith (WA) Watt (NC) Bereuter Frelinghuysen Leach Berkley Frelinghuysen LaTourette Rohrabacher Snyder Watts (OK) Berkley Frost Lee Berman Frost Leach Ros-Lehtinen Solis Waxman Berman Gallegly Levin Berry Gallegly Lee Ross Souder Weiner Berry Ganske Lewis (GA) Biggert Ganske Levin Rothman Spence Weldon (FL) Biggert Gekas Lewis (KY) Bilirakis Gekas Lewis (GA) Roukema Spratt Weldon (PA) Bilirakis Gephardt Linder Bishop Gephardt Lewis (KY) Roybal-Allard Stark Weller Bishop Gibbons Lipinski Blagojevich Gibbons Linder Royce Stearns Wexler Blagojevich Gillmor LoBiondo Blumenauer Gilchrest Lipinski Rush Stenholm Whitfield Blumenauer Gilman Lofgren Blunt Gillmor LoBiondo Ryan (WI) Strickland Wicker Blunt Gonzalez Lowey Boehlert Gilman Lofgren Ryun (KS) Stump Wilson Boehlert Goode Lucas (KY) Boehner Gonzalez Lowey Sabo Stupak Wolf Boehner Goodlatte Lucas (OK) Bonior Goode Lucas (KY) Sanchez Sununu Woolsey Bonilla Gordon Luther Borski Goodlatte Lucas (OK) Sanders Sweeney Wu Bonior Goss Maloney (CT) Boswell Gordon Luther Sandlin Tanner Wynn Borski Graham Maloney (NY) Boucher Goss Maloney (CT) Sawyer Tauscher Young (FL) Boswell Granger Manzullo Boyd Graham Maloney (NY) Boucher Graves Markey Brady (PA) Granger Manzullo NAYS—6 Boyd Green (TX) Mascara Brady (TX) Graves Markey Brady (PA) Green (WI) Matheson Collins Hostettler Schaffer Brown (FL) Green (TX) Mascara Brady (TX) Greenwood Matsui Flake Paul Tancredo Brown (OH) Green (WI) Matheson Brown (FL) Grucci McCarthy (MO) Brown (SC) Greenwood Matsui NOT VOTING—17 Brown (OH) Gutknecht McCarthy (NY) Bryant Grucci McCarthy (MO) Brown (SC) Hall (OH) McCollum Burr Gutierrez McCarthy (NY) Ackerman Cubin Ortiz Bryant Hall (TX) McCrery Buyer Gutknecht McCollum Bonilla Davis, Thomas Putnam Burr Hansen McDermott Callahan Hall (OH) McCrery Bono M. Thornberry Buyer Harman McGovern Calvert Hall (TX) McDermott Burton Istook Towns Callahan Hart McHugh Camp Hansen McGovern Capito Lewis (CA) Watkins Calvert Hastings (FL) McInnis Cannon Harman McHugh Cooksey Mollohan Young (AK) Camp Hastings (WA) McIntyre Cantor Hart McInnis Cannon Hayes McKeon Capps Hastings (FL) McIntyre Cantor Hayworth McKinney Capuano Hastings (WA) McKeon b 1242 Capps Hefley McNulty Cardin Hayes McKinney Mr. SCHAFFER changed his vote Capuano Herger Meehan Carson (IN) Hayworth McNulty Cardin Hill Meeks (NY) Carson (OK) Hefley Meehan from ‘‘yea’’ to ‘‘nay.’’ Carson (IN) Hilleary Menendez Castle Herger Meek (FL) So (two-thirds having voted in favor Carson (OK) Hilliard Mica Chabot Hill Meeks (NY) thereof) the rules were suspended and Castle Hinchey Millender- Chambliss Hilleary Menendez Chabot Hinojosa McDonald Clay Hilliard Mica the bill was passed. Chambliss Hobson Miller (FL) Clayton Hinchey Millender- The result of the vote was announced Clay Hoeffel Miller, Gary Clement Hinojosa McDonald as above recorded. Clayton Hoekstra Miller, George Clyburn Hobson Miller (FL) Clement Holden Mink Coble Hoeffel Miller, Gary A motion to reconsider was laid on Coble Holt Moakley Combest Hoekstra Miller, George the table. Collins Honda Moore Condit Holden Mink Stated for: Combest Hooley Moran (KS) Conyers Holt Moakley Condit Horn Moran (VA) Costello Honda Moore Mr. PUTNAM. Mr. Speaker, on rollcall No. Conyers Hostettler Morella Cox Hooley Moran (KS) 14 I was inadvertently detained. Had I been Costello Houghton Murtha Coyne Horn Moran (VA) present, I would have voted ‘‘yea.’’ Cox Hoyer Myrick Cramer Houghton Morella Coyne Hulshof Nadler Crane Hoyer Murtha Cramer Hunter Napolitano Crenshaw Hulshof Myrick f Crane Hutchinson Neal Crowley Hunter Nadler Crenshaw Hyde Nethercutt Culberson Hutchinson Napolitano Crowley Inslee Ney Cummings Hyde Neal RAIL PASSENGER DISASTER Culberson Isakson Northup Cunningham Inslee Nethercutt FAMILY ASSISTANCE ACT OF 2001 Cummings Israel Norwood Davis (CA) Isakson Ney Cunningham Issa Nussle Davis (FL) Israel Northup The SPEAKER pro tempore (Mr. Davis (CA) Jackson (IL) Oberstar Davis (IL) Issa Norwood SHIMKUS). The pending business is the Davis (FL) Jackson-Lee Obey Davis, Jo Ann Jackson (IL) Nussle question of passage of the bill, H.R. 554, Davis (IL) (TX) Olver Deal Jackson-Lee Oberstar Davis, Jo Ann Jefferson Osborne DeFazio (TX) Obey on which further proceedings were Deal Jenkins Ose DeGette Jefferson Olver postponed earlier today. DeFazio John Otter Delahunt Jenkins Osborne The Clerk read the title of the bill. DeGette Johnson (CT) Owens DeLauro John Ose Delahunt Johnson (IL) Oxley DeLay Johnson (CT) Otter The SPEAKER pro tempore. The DeLauro Johnson, E. B. Pallone DeMint Johnson (IL) Owens question is on the passage of the bill, DeLay Johnson, Sam Pascrell Deutsch Johnson, E. B. Oxley on which the yeas and nays are or- DeMint Jones (NC) Pastor Diaz-Balart Johnson, Sam Pallone Deutsch Jones (OH) Payne Dicks Jones (NC) Pascrell dered. Diaz-Balart Kanjorski Pelosi Dingell Jones (OH) Pastor This is a 5-minute vote. Dicks Kaptur Pence Doggett Kanjorski Payne The vote was taken by electronic de- Dingell Keller Peterson (MN) Dooley Kaptur Pelosi Doggett Kelly Peterson (PA) Doolittle Keller Pence vice, and there were—yeas 404, nays 4, Dooley Kennedy (MN) Petri Doyle Kelly Peterson (MN) not voting 24, as follows: Doolittle Kennedy (RI) Phelps

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.017 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H349 Pickering Schiff Terry district in West Virginia. Had I been present, I Leader or his designee in the motion to re- Pitts Schrock Thomas would have voted ‘‘yea’’ on both rollcall No. 14 cess or adjourn, or until noon on the second Platts Scott Thompson (CA) day after Members are notified to reassemble Pombo Sensenbrenner Thompson (MS) and 15. Pomeroy Serrano Thune pursuant to section 2 of this concurrent reso- Portman Sessions Thurman f lution, whichever occurs first. SEC. 2. The Speaker of the House and the Price (NC) Shadegg Tiahrt AFFECTING REPRESENTATION OF Pryce (OH) Shaw Tiberi Majority Leader of the Senate, acting jointly Putnam Shays Tierney MAJORITY AND MINORITY MEM- after consultation with the Minority Leader Quinn Sherman Toomey BERSHIP OF SENATE MEMBERS of the House and the Minority Leader of the Radanovich Sherwood Traficant OF JOINT ECONOMIC COMMITTEE Senate, shall notify the Members of the Rahall Shimkus Turner House and the Senate, respectively, to reas- Ramstad Shows Udall (CO) Mr. SAXTON. Mr. Speaker, I ask semble whenever, in their opinion, the public Rangel Simmons Udall (NM) unanimous consent to take from the Regula Simpson Upton interest shall warrant it. Rehberg Sisisky Velazquez Speaker’s table the Senate bill (S. 279) Reyes Skeen Visclosky affecting the representation of the ma- b 1300 Reynolds Skelton Vitter jority and minority membership of the The concurrent resolution was agreed Riley Smith (MI) Walden Senate Members of the Joint Economic Rivers Smith (NJ) Walsh to. Rodriguez Smith (TX) Wamp Committee, and ask for its immediate A motion to reconsider was laid on Roemer Smith (WA) Waters consideration in the House. the table. Rogers (KY) Snyder Watt (NC) The Clerk read the title of the Senate f Rogers (MI) Solis Watts (OK) bill. Rohrabacher Souder Waxman AUTHORIZING THE SPEAKER, MA- The SPEAKER pro tempore (Mr. Ros-Lehtinen Spence Weiner JORITY LEADER, AND MINORITY Ross Spratt Weldon (FL) SHIMKUS). Is there objection to the re- LEADER TO ACCEPT RESIGNA- Rothman Stark Weldon (PA) quest of the gentleman from New Jer- Roukema Stearns Weller TIONS AND MAKE APPOINT- sey? Roybal-Allard Stenholm Wexler MENTS AUTHORIZED BY LAW OR Rush Strickland Whitfield There was no objection. BY THE HOUSE, NOTWITH- Ryan (WI) Stump Wicker The Clerk read the Senate bill, as fol- Ryun (KS) Stupak Wilson STANDING ADJOURNMENT OF lows: Sabo Sununu Wolf THE HOUSE Sanchez Sweeney Woolsey S. 279 Sanders Tanner Wu Be it enacted by the Senate and House of Rep- Mr. SAXTON. Mr. Speaker, I ask Sandlin Tauscher Wynn unanimous consent that notwith- Saxton Tauzin Young (FL) resentatives of the United States of America in Scarborough Taylor (MS) Congress assembled, That notwithstanding standing any adjournment of the House Schakowsky Taylor (NC) any other provision of law, and specifically until Monday, February 26, 2001, the section 5(a) of the Employment Act of 1946 Speaker, majority leader, and minority NAYS—4 (15 U.S.C. 1024(a)), the Members of the Senate leader be authorized to accept resigna- Flake Schaffer to be appointed by the President of the Sen- Paul Tancredo tions and to make appointments au- ate shall for the duration of the One Hundred thorized by law or by the House. NOT VOTING—24 Seventh Congress, for so long as the major- The SPEAKER pro tempore (Mr. ity party and the minority party have equal Ackerman Foley Royce SHIMKUS). Is there objection to the re- Bono Fossella Sawyer representation in the Senate, be represented Burton Gilchrest Slaughter by five Members of the majority party and quest of the gentleman from New Jer- Capito Gutierrez Thornberry five Members of the minority party. sey? Clyburn Istook Towns The Senate bill was ordered to be There was no objection. Cooksey Lewis (CA) Watkins Cubin Meek (FL) Young (AK) read a third time, was read the third f Davis, Thomas Mollohan time, and passed, and a motion to re- SPECIAL ORDERS M. Ortiz consider was laid on the table. The SPEAKER pro tempore. Under b 1257 f the Speaker’s announced policy of Jan- Mr. FLAKE and Mr. SCHAFFER PROVIDING FOR ADJOURNMENT uary 3, 2001, and under a previous order changed their vote from ‘‘yea’’ to OF HOUSE FROM FEBRUARY 14, of the House, the following Members ‘‘nay.’’ 2001, TO FEBRUARY 26, 2001, AND will be recognized for 5 minutes each. Mr. TANCREDO changed his vote RECESS OR ADJOURNMENT OF f from ‘‘present’’ to ‘‘nay.’’ SENATE FROM FEBRUARY 15, INTERNATIONAL BASIC So the bill was passed. 2001, OR FEBRUARY 16, 2001, TO EDUCATION The result of the vote was announced FEBRUARY 26, 2001 as above recorded. The SPEAKER pro tempore. Under a A motion to reconsider was laid on Mr. SAXTON. Mr. Speaker, I offer a previous order of the House, the gen- the table. privileged concurrent resolution (H. tleman from North Dakota (Mr. POM- Con. Res. 32), and ask for its immediate EROY) is recognized for 5 minutes. f consideration. Mr. POMEROY. Mr. Speaker, I would PERSONAL EXPLANATION The Clerk read the concurrent reso- like to inform my colleagues that I, lution, as follows: along with the gentleman from Wis- Mr. BURTON of Indiana. Mr. Speaker, dur- H. CON. RES. 32 consin (Mr. GREEN), will this afternoon ing rollcall votes No. 14 and 15 I was unavoid- Resolved by the House of Representatives (the be briefly addressing the importance of ably detained. Had I been here I would have Senate concurring), That when the House ad- an issue we care passionately about: voted ‘‘yea’’ on rollcall vote No. 14 and ‘‘yea’’ journs on the legislative day of Wednesday, children’s education, children’s basic on rollcall vote No. 15. February 14, 2001, it stand adjourned until 2 education, girls’ education, and our f p.m. on Monday, February 26, 2001, and that U.S. international assistance dollars in when the House adjourns on Monday, Feb- helping developing countries make PERSONAL EXPLANATION ruary 26, 2001, it stand adjourned until 12:30 p.m. on Tuesday, February 27, 2001, for morn- schools and educational opportunities Mr. ORTIZ. Mr. Speaker, on rollcall Nos. 14 ing-hour debate, or until noon on the second available. and 15, I was unavoidably detained. Had I day after Members are notified to reassemble Last Congress I had the privilege of been present, I would have voted ‘‘yea’’ on pursuant to section 2 of this concurrent reso- serving on the House Committee on both votes. lution, whichever occurs first; and that when International Relations. From that po- f the Senate recesses or adjourns at the close sition, I began to focus on identifying of business on Thursday, February 15, 2001, which foreign aid dollars could actu- PERSONAL EXPLANATION or Friday, February 16, 2001, on a motion of- ally make a lasting difference and fered pursuant to this concurrent resolution Ms. CAPITO. Mr. Speaker, I regret that I by its Majority Leader or his designee, it bring systemic changes in the areas was unable to attend the recorded votes stand recessed or adjourned until noon Mon- that we are trying to help. today, February 14, 2001. I was traveling with day, February 26, 2001, or until such time on Too often we are just late to the President George W. Bush on his visit to my that day as may be specified by its Majority crime scene. Whether it is famine, war,

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.019 pfrm02 PsN: H14PT1 H350 CONGRESSIONAL RECORD — HOUSE February 14, 2001 epidemic, we are just trying to pick up ting basic primary education, the cot- cational Development and some won- after the catastrophe has already oc- ton traders buying their products can derful other NGOs in the area and, of curred. We need to commit our scarce no longer cheat them by the scales. course, local leaders. foreign assistance dollars in ways that They use the children to make certain Now, I am quick to admit to my col- help bring lasting improvements, build they get a fair deal. Time and time leagues, as I was to my traveling com- better opportunities, and prevent these again we heard of this kind of change. panions, that I am a skeptic in this cycles of tragedy. We heard from parents that now chil- area. Twelve years ago, my wife, Sue, As I researched the question, I be- dren can help them find when they are and I taught high school in east Africa, came convinced of the value of one de- buying medicine that has already got and we were very much aware of the in- velopment investment in particular: expiration dates; they will help them stitutional and cultural barriers that international basic education. I was in- watch for expiration dates on foods and exist, particularly in the developing trigued to learn that educating chil- help them write letters; that schools world, barriers which all too often pre- dren, particularly making a special ef- are a safe place for them to be. They no vent girls from going to school and fin- fort to get girls into schools, because longer have to worry about the chil- ishing their education. I readily admit so often they are not allowed to par- dren when they go to market. today that I came out a true believer, ticipate, yields a higher rate of return We heard from the village chief and a great believer in the progress that than virtually any other effort we can president of a parents’ association tell our dollars are making in those coun- make in the international developing us that educating a little girl is like tries. world. lighting a dark room. He said that There are so many heroes that the The data seemed almost too good to their school is giving priority to girls’ gentleman from North Dakota (Mr. be true. With increased education, participation in enrollment, making a POMEROY) and I can point to in these women live healthier lives. They marry difference for the first time in bringing educational reforms. Of course, the later, live longer, have fewer children, girls into primary education and the local leaders and the parents’ groups, and their children have vastly superior opportunities that flow from that. The who have to embrace these reforms in survival rates. The data compiled by parents told us that once the girls order for them to have a chance. Also the World Bank and other inter- learn to read and write they teach oth- wonderful organizations like Save the national organizations report that for ers in the family and they become bet- Children and OXfam. But in the brief every year of education a little girl re- ter mothers. Even in a young teen- time that I have, I would like to focus ceives beyond grade four, there is a 10 ager’s years, they are doing it. in particular on one program, a pro- percent reduction in family size, a 15 I just want to, in closing, show you gram involving USAID dollars and the percent drop in child malnutrition, a 10 one of the little girls participating in Academy for Educational Development percent reduction in infant mortality, one of the schools that we observed. and something called the Life Skills and up to a 20 percent increase in This little girl wants to be a doctor and Curriculum in the country of Mali. wages and microenterprise develop- help others in her community. Her Through this wonderful program, ment. chances without our assistance dollars educators are able to weave throughout The statistics support what econo- would be a million to one. But with our their curriculum valuable life skills, mists and development experts already assistance dollars, this dream is pos- especially in the area of preventable know: educating children, again espe- sible. health. My colleague and I watched cially girls, creates a powerful impact, We need to continue our commitment with great interest as teachers would improving the lives of little children, in this area, and I am very pleased to use lessons on, for example, how to pre- subsequently improving the lives of work with the gentleman from Wis- vent dysentery as part of their instruc- their families, and improving the lives consin and others in a bipartisan effort tion on grammar so that these lessons resulting later in the villages and the to continue to support this work. truly were a part of the curriculum at entire communities. f every stage and at every level. After hearing all this, I had a strong As I said, I was a skeptic. Those of us desire to actually see some of these U.S. DOLLARS ARE WORKING IN who have taught in the developing schools, see our U.S. assistance dollars INTERNATIONAL BASIC EDU- world are often struck by how irrele- in action; and so along with my col- CATION PROGRAMS vant our lessons can often be, espe- league, the gentleman from Green Bay, The SPEAKER pro tempore. Under a cially in countries that have an edu- Wisconsin (Mr. GREEN), we made a bi- previous order of the House, the gen- cation system which is a holdover from partisan effort sponsored by some of tleman from Wisconsin (Mr. GREEN) is a colonial power. Where I taught, we the NGOs that are implementing these recognized for 5 minutes. had the old English system, the assistance dollars to look firsthand to Mr. GREEN of Wisconsin. Mr. Speak- English style, rote learning. But what see how this was working. er, what I want to do is to build a little we are seeing in countries like Mali is Our trip left me with a rock-solid bit on some of the comments that we a new style of education, a new style conviction that the data on girls edu- have just heard from my companion that involves practical lessons day in cation is correct. In both Ghana and and good friend, the gentleman from and day out, and involves students Mali, our taxpayer dollars have made a North Dakota (Mr. POMEROY). talking to each other and building significant difference in the lives of We did travel together for 7 days in upon their own experience. children and families. And even more Ghana and Mali and did see some very My colleagues can see to my left here effectively than the dollars that are good things and got some great news a picture. This shows a young lady in used, we were struck by the deep com- from a continent that, quite honestly, Ghana. What she is using, because of mitment in terms of USAID officials, has seen less of good news and more of the shortage of paper, she is using a lit- the professionals in the NGO commu- sobering news in recent months and tle chalkboard, a little slate board to nity implementing these programs, the years. The purpose of our brief time help her get through her lessons. That families and the personnel from the there was to measure education reform shows some of the material disadvan- countries making these little schools in general in those countries, but also, tages that these students often have. run themselves. This is driving sys- more importantly, to deal with the My next chart shows something temic change in these areas. issues my good friend has pointed to of which may appear very reasonable and We visited many classrooms, spoke the role of girls’ education in those normal and everyday to those of us in to parents and community leaders and countries and the pace of reform in the West but is a quite remarkable learned firsthand of the changes being that area. characteristic of reform in education made. This picture reflects a meeting We looked at a project called SAGE, in Mali and Ghana, and that is having with parents we had in a very small Strategies for Advancing Girls Edu- breakout groups, where students are no rural village. This individual, the vil- cation, as it was being implemented in longer stuck in that old rote-learning lage hunter, the one responsible for those two countries. That is a partner- pattern that is a holdover from the co- bagging the game to feed the village, ship involving USAID dollars and the lonial days. Instead, they talk about told us that with the children even get- expertise of the Academy for Edu- lessons in a very real way, and they

VerDate 14-FEB-2001 02:09 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.050 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H351 apply those lessons, especially those ease, which is alarming considering the tleman from Rhode Island (Mr. life-skills lessons, to their own experi- following statistics. Approximately 50 LANGEVIN) is recognized for 5 minutes. ence and they use it to learn grammar, percent of women have cholesterol lev- Mr. LANGEVIN. Mr. Speaker, I am they use it to learn math, they use it els of 200/dL or higher. Seventy-nine pleased to be here on the floor of the to learn science. And the beauty of this percent of black women and 60 percent House this afternoon submitting this is, even if these children, Lord forbid, of Caucasians over the age of 45 were special order on election reform. are unable to go on to secondary classified as having hypertension. Mr. Speaker, today I would like to school, unable to go on to high school, Further, women often experience address an issue that has been promi- unlikely to go on to college, they will other AIDS-related diseases, such as nent in the minds of many Americans have learned valuable lessons on pre- arthritis and osteoporosis that can over the past few months but has been ventive health care. mask heart disease symptoms and on my mind since 1993. We know these lessons will go a long delay the seeking of necessary medical Twenty election reform proposals way in preventing some of the great care. have been introduced in the House of health challenges that we have seen. There are also critical preventive Representatives since the opening of measures that include tobacco-use ces- the 107th Congress. I applaud the b 1315 sation, regular exercise, reduced daily thoughtful and expedient response of It will pay off in the long-run in alcohol intake, and controlled blood my colleagues as I myself am soon to these countries. It will pay off for pressure that women should know of unveil my own proposal for strength- America. It is a wonderful thing. and take to try to avoid this fatal dis- ening America’s voting system and The good news is our dollars are ease. have, in fact, organized my first town working. I thank the gentleman from While heart disease is also the num- hall meeting during the President’s North Dakota (Mr. POMEROY) for the ber one killer in my State of Cali- Day recess on this specific issue. wonderful experience he included for fornia, the good news is that heart dis- When I was elected Secretary of me. It was truly a great experience. ease in California is less than the na- State for the great State of Rhode Is- f tional average. We must ensure that land, it had the oldest voting equip- AMERICAN HEART MONTH fighting this disease is on the forefront ment in the entire Nation. Beginning of our agenda. in 1993, as a State representative and The SPEAKER pro tempore (Mr. In addition to having annual check- then as Secretary of State, I worked SHIMKUS). Under a previous order of the ups, screening and participating in reg- with my colleagues in the legislature, House, the gentlewoman from Cali- ular exercise, it is important to be the State Board of Elections, local can- fornia (Ms. MILLENDER-MCDONALD) is aware of the heart attack symptoms, vassing authorities, and the public to recognized for 5 minutes. which include uncomfortable pressure, investigate voting problems through- Ms. MILLENDER-MCDONALD. Mr. fullness, squeezing or pain in the cen- out the State and develop effective so- Speaker, I would like to wish everyone ter of the chest lasting more than a few lutions. a happy Valentine’s Day. minutes; pain spreading to the shoul- By May of 1994, our Commission re- As we know, this is the day that ev- ders, neck and arms; chest discomfort ported the need to replace our anti- eryone speaks from the heart. This is a with light-headedness, fainting, sweat- quated Shoup lever voting machines day more flowers, especially roses, are ing, nausea or shortness of breath; with optical scanning equipment. Be- given to loved ones, more chocolate atypical chest pain, stomach or abdom- cause it is cost effective, it would help and other boxes of candy are pur- inal pain, nausea, or dizziness. increase voter participation. chased. But I would like to call atten- Women typically do not have the By the end of 1996, the procurement tion to this heart day and our heart crushing chest pain, which is consid- process had begun; and by September health. ered a classic symptom. As a result, 1997 primary local elections, the opti- While we celebrate Valentine’s Day, women’s symptoms can be overlooked cal scan equipment was firmly in place. let us not forget our heart and the until it is too late. In both 1998 and 2000 elections, these signs it gives off, or in some cases, Heart disease is a critical health machines were in full operation signs that do not give off that are im- issue. Both men and women need to un- throughout the State of Rhode Island. portant. derstand how they can prevent and de- Implementation of the new optical Mr. Speaker, in 1963, a congressional tect heart disease. Both men and scan equipment was cost effective be- mandate designated February as Amer- women need to become aware of heart cause it was cost neutral. Rhode Is- ican Heart Month. Because Valentine’s attack symptoms and what to do if land’s revenue neutral laws ensured Day is the day of the heart, it is fitting they experience any of these symp- that the expenses for staffing, storage, to raise awareness that heart disease toms. We need a national effort to raise and transportation of voting equip- kills nearly one million Americans awareness of this disease. ment and printing and mailing ballots every year, which is about 41 percent of Perhaps most of all, as the new co- all equal the cost of establishing this deaths here in the United States. chair of the Congressional Caucus on new system. We also met our goal of Heart disease is the number one kill- Women’s Issues, I urge all of my col- increasing voter participation by in- er of Americans. Every 33 seconds an leagues to please make sure they un- creasing the number of registered vot- American dies from heart disease, and derstand the facts and that they, their ers by nearly 60,000 from 1993 to the every 21 seconds someone suffers a mothers, sisters, brothers, uncles, year 2000. heart attack. Due to these statistics, daughters all get screened on an an- Finally, ensuring timely accuracy in Americans need to become more edu- nual basis. tabulating votes was also a top pri- cated on heart disease risks, preven- So, happy Valentine’s Day, Mr. ority. Because the optical scan ma- tion, and treatment. Speaker; and let us not forget the chines read voting ballots by sensing Heart disease is also the number one heart. the mark within a defined period indi- killer for women. About one in five f cating the vote, this method ensures women have some form of heart dis- The SPEAKER pro tempore. Under a the clear intent of the voter is trans- ease. Even though surveys show that previous order of the House, the gentle- mitted and tabulated. women view breast cancer as a much woman from Illinois (Mrs. BIGGERT) is This system also provides an audit greater risk to their health than heart recognized for 5 minutes. trail for each ballot and enabled the disease, the reality is that a woman’s (Mrs. BIGGERT addressed the House. use of ballots printed in multiple lan- lifetime risk of dying from heart dis- Her remarks will appear hereafter in guages. However, since the machines ease is one in two, whereas it is one-in- the Extensions of Remarks.) were not accessible to blind or sight- nine lifetime risk for contracting f impaired voters, I also introduced the breast cancer, which is also important Braille and Tactile ballot initiative to to be educated and seek examination. ELECTION REFORM ensure that those who have lost their High cholesterol and hypertension The SPEAKER pro tempore. Under a sight or are sight-impaired maintain are two of the main causes of heart dis- previous order of the House, the gen- their right to vote independently.

VerDate 14-FEB-2001 03:19 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.051 pfrm02 PsN: H14PT1 H352 CONGRESSIONAL RECORD — HOUSE February 14, 2001 As Congress works with the Presi- gress, Democrat Congress, or alien mine what kind of person Imogene is. dent to explore ways to modernize the Congress, that money will be spent. It From her beginnings at the Gary Man- machinery of voting, I strongly urge deserves to be returned to the people power Administration helping to place my colleagues to join me in applying who paid these excessive taxes. young children in day-care centers and proven success stories such as what we The second myth they say is that homes, to her years of service as execu- have done in Rhode Island. this is a tax cut just for the rich. Well, tive secretary for Gary Mayor Richard Models exist for accurate, efficient, let us look at that little myth there. G. Hatcher, to the last person she as- and cost-effective election reform, For a secretary making $38,000, a single sisted in her capacity as a Federal which we should utilize in our efforts mom raising three children, she will caseworker in my office, she has dedi- to ensure true democracy in America. get a 100 percent tax cut, she will pay cated her life wholly to public service. Our voters deserve no less. no taxes under this plan. For her boss, I was fortunate enough to have Moby f the lawyer making $100,000 a year with on my staff as a Federal caseworker two kids, he will get a 16 percent tax since 1989. Her commitment to her PRESIDENT BUSH’S TAX CUT cut. Secretary, 100 percent. Attorney, work and the people of Northwest Indi- PLAN 16 percent. The low-income Americans ana eventually earned her a position as The SPEAKER pro tempore. Under a are the big winners under this plan. my Deputy District Director. Now, why is that? Because we take previous order of the House, the gen- b 1330 tleman from Florida (Mr. KELLER) is the lowest rate of 15 percent and lower recognized for 5 minutes. it down to 10 percent and we double the During her tenure in my office, she Mr. KELLER. Mr. Speaker, as some- $500 per child tax credit. has worked selflessly to ensure the one who campaigned on the platform of Now, with that said, some folks say, well-being of all those around her. Her providing tax relief for working Amer- well, that is all fine and good for the exceptional knowledge and expertise in ican families, I am particularly proud single moms and folks at the low end of dealing with the Immigration and Nat- today to announce my support for the spectrum, let us just have taxes for uralization Service and the Social Se- curity Administration are unparal- President Bush’s plan to lower income the special people, let us not have the leled. While serving on my staff, she re- tax rates across the board and to elimi- taxes for what they call the rich. united dozens of families, helping loved nate the marriage tax penalty. Well, once again, all of us pay taxes ones attain the privilege of U.S. citi- I would like to address two issues and all of us are entitled to tax relief. zenship and aiding those already in the today: number one, why I am sup- The truth of the matter is that the top U.S. by acquiring the passports and porting this plan; and, number two, 10 percent of wage earners in this coun- visas they needed to visit their rel- what our opponents are saying about try pay 66 percent of the taxes. These are the same people who every year atives abroad. this plan and address those issues fair- You only needed one meeting with ly and squarely. create hundreds of thousands of jobs. Are these folks not entitled to the tax Imogene to see the revelation that her First, why do I support this plan? choice of vocation is not only a result Well, I support it because it is going to relief? Should we not encourage them to provide additional jobs in this econ- of the responsibility she feels to a com- make a meaningful difference in the munity she loves but is also a reflec- lives of so many working families here omy? In summary, this tax relief is des- tion of her deep and abiding compas- in the United States. perately needed. It is going to make a sion for those around her. Federal case- For example, for a married couple meaningful difference in the lives of work can be a thankless task. But raising two children on a salary of single moms and working families. A Moby never wavered. Regardless of the $50,000 combined, they will receive a 50 tax cut is not too big and it is not just barriers that faced her, Imogene threw percent tax cut. That is a savings of for the rich. herself into her work with the patience $1,600 a year. Now, a savings of $1,600 a In closing, let me say this. The lead- and perseverance of Job. Her over- year for that family translates into an ing cause of divorce in the United whelming commitment to following extra $133 of groceries in their refrig- States today is arguments about through on her promises made her an erator every month for those two chil- money. On this Valentine’s Day, we absolute miracle worker. My office is dren that otherwise would not be there. have a happy message of hope for mar- often the last resort for many of my Now, as someone who himself grew ried couples who are struggling to constituents with problems. Imogene up in relatively humble circumstances, make ends meet: Help is on the way. never let anyone feel desperate or raised by a single mom on a salary of f afraid. On the contrary, she was a a secretary with three children, I do great source of hope to many people not have to guess about how much TRIBUTE TO MS. IMOGENE who had nowhere else to turn. She working families and single mothers MATTHEWS OF GARY, INDIANA treated everyone who walked into my need tax relief. And that is why I am so The SPEAKER pro tempore. Under a office with the dignity and respect they enthusiastic in my support of Presi- previous order of the House, the gen- deserved, regardless of their situation dent Bush’s tax cut plan. tleman from Indiana (Mr. VISCLOSKY) is in life or the details of their problems. Now, not everybody agrees with me recognized for 5 minutes. After working with her for a decade, I here. Our opponents have two things Mr. VISCLOSKY. Mr. Speaker, it is can say easily that her kindness knows they are saying about this bill. And I with the greatest pleasure that I pay no bounds. believe these things are myths. But let tribute to one of the most caring, dedi- As one might expect, Imogene self- us go ahead and address them squarely. cated, and selfless citizens in Indiana’s lessly gives her free time and energy to The first thing they say is this tax First Congressional District, Imogene her community as well, her friends, cut is simply too big, it does not leave Matthews of Gary, Indiana. and, most importantly, her family. enough money to shore up Social Secu- After serving the constituents of Imogene is a member of the NAACP as rity, Medicare and pay down the debt. Northwest Indiana in my Gary District well as the Young Women’s Christian Well, here is the truth: 70 percent of Office for the last 10 years, Imogene an- Association. She is also an active vol- this tax surplus goes to shore up Social nounced her retirement this past De- unteer for the American Association of Security, provide for prescription cember. Retired Persons and is a member of the drugs, pay down the debt, with only 30 Imogene Vanetta Matthews was born Friends of the Gary Public Library. In percent being used to return to tax- on April 15, 1954, in Gary, Indiana. Imo- addition to these important activities, payers in the form of tax relief, the gene, affectionately known as Moby, Imogene promotes another cause that very folks who are responsible for this was the youngest girl of 11 children is near and dear to her heart. She is an tax surplus. born to Emmett and Pauline Mat- avid Chicago Bulls fan and a Michael Now, they say we could leave that 30 thews. A lifetime native of Gary, Indi- Jordan fan. Pictures of Michael Jordan percent here in Washington, D.C. And I ana, Imogene graduated from West adorned her office along with a life-size suppose we could. But what would hap- Side High School in 1972. cutout of M.J. pen? Congress would simply spend that One need look no further than her ca- Mr. Speaker, I ask that you and my money. Whether it is Republican Con- reer choices after high school to deter- other distinguished colleagues join me

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.054 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H353 in commending Imogene ‘‘Moby’’ Mat- just gotten word that the 1085th Med- cates where and under what cir- thews for her lifetime of dedication, ical Company has been given the order cumstances deploying American serv- service and compassion to the residents to prepare the unit for full deployment icemen and women is necessary needs of northwest Indiana. She has touched to Bosnia. In addition, the 114th Fight- to be developed. the lives of many residents and she will er Wing of the Air National Guard has In addition to this increased oper- be sorely missed not only by those she deployed more than 500 people in sup- ations tempo, Congress continues to has helped with her outstanding serv- port of the Aerospace Expeditionary identify new roles for the National ice and uncompromising dedication but Force and is getting ready for their Guard. These include defense against by myself and my staff who have seen fourth deployment enforcing the no-fly domestic terrorism, national missile her extraordinary expertise and felt zone in Iraq. defense, and defense against cyber-ter- her deep compassion and love. She will Mr. Speaker, these extraordinary in- rorism. never be replaced. dividuals have also responded to their Members of the South Dakota Na- f State mission, being called on just this tional Guard form an essential part of past summer to fight the Jasper fire in our national security team. They are NATIONAL GUARD AND RESERVE the Black Hills of South Dakota. This active participants in the full spectrum DAY fire was the biggest ever in the history of operations, from the smallest con- The SPEAKER pro tempore (Mr. of my State. The 285 soldiers and air- tingencies to major theater conflicts. SHIMKUS). Under a previous order of the men that were called to active duty to They are indispensable forces who House, the gentleman from South Da- help fight this fire were there to meet truly embody our forefathers’ vision. kota (Mr. THUNE) is recognized for 5 the challenge just like they have al- Their dedication to service, Mr. Speak- minutes. ways been. Their quick response is a er, and the outstanding manner in Mr. THUNE. Mr. Speaker, today is a credit to the hardworking individuals which they perform their duties exem- very important day to American citi- and their dedication to their job as cit- plify the notion of the American cit- zens and not just because it is Valen- izen soldiers. izen soldier. And so, Mr. Speaker, I tine’s Day but because the President One can see by looking at the call of would like to say thank you to them has also declared it National Guard and duty of the South Dakota National today. Reserve Day. I am encouraged that our Guard that their responsibilities are f national leadership is finally paying escalating. However, at the same time tribute to the citizen soldiers that play we have unfortunately witnessed a de- REGARDING AMERICA’S MEN AND such a vital role in the protection of cline in fully funded personnel ac- WOMEN IN UNIFORM democracy and of our Nation’s defense. counts and end strengths. As the Na- The SPEAKER pro tempore. Under a The National Guard has been there in tional Guard’s number one priority, we previous order of the House, the gen- every war and conflict that this Nation must continue to devote attention to tleman from Missouri (Mr. SKELTON) is has ever fought. They were there in the full-time manning. Adequate personnel recognized for 5 minutes. Revolutionary War, the Civil War, both and support are absolutely necessary Mr. SKELTON. Mr. Speaker, Wash- World War I and World War II, Korea, to ensure a ready and accessible Guard. ington sometimes speaks with its own Vietnam, Operation Desert Storm and, Following these lines, we must take language. We talk in this town of tak- most recently, Operation Allied Force steps to ensure that our Nation’s forces ing risks, laying it on the line, or get- in Kosovo. The National Guard is an are capable of fighting and winning two ting out on the edge, when the only integral part of America’s military nearly simultaneous major regional cost of failure is to our pride or per- today, serving side by side with its ac- conflicts. Procurement and moderniza- ceived prestige. tive duty counterparts all over the tion play a central role in this. They Out there beyond the Beltway, in world. They meet the security needs of are crucial elements to our ability to many cases beyond America’s shores, our Nation, both at home and abroad. respond to multiple engagements and are people who really do take risks. Mr. Speaker, the National Guard is threats to our national security. Unfor- They lay their lives on the line every the only component in our military tunately, the Army and Air Force are day and they do so because we ask that has a dual mission. Their Federal currently wearing out weapons systems them to. They are, of course, America’s mission is to serve as an essential part- and support mission equipment. This is finest, our men and women in uniform. ner with the country’s Army and Air a direct result of the rate at which we And while some in this town may spare Force, responding to security needs have deployed on peacekeeping mis- them a passing thought now and again, worldwide. Just as important is their sions. As we begin to work through the they are thinking of us, and Americans State mission of meeting the needs of defense authorization and appropria- like us, every day. That is what devo- our citizens during emergencies and tions cycle this year and in the future, tion to duty means. disasters. The Guard, with its long his- more attention must be given to pro- It is unfortunate but correct to note tory of assisting and protecting local curement of new weapons systems and that those soldiers, sailors, airmen and communities, is well prepared to play to combat capability for all forces. Marines are never more prominent in this critical role in this critical mis- It is critical that Congress and the our thoughts than when something sion area. new administration provide funding goes wrong. Our hearts went out to the I would like to take this opportunity levels sufficient to ensure that Amer- families of the sterling sailors aboard today, Mr. Speaker, to highlight the ica’s military capabilities are in line the U.S.S. Cole. We mourned the loss of accomplishments of the South Dakota with our superpower responsibilities. brave Marines lost in recent aviation Army and Air National Guard. 4,452 We also must take steps to reassess our mishaps. And today our thoughts are people strong, the individuals of the deployment strategies. Currently there with the families of soldiers killed and South Dakota National Guard are some is a great mismatch between U.S. force injured in an Army helicopter accident. of the finest citizens in my State. They levels and overseas commitments. In There is a message in these events, if have served their Federal mission duti- the past decade, U.S. forces, which we care to hear it. It is that even in fully through deployments. As per- have included members of the South times of greatest peace, the profession sonnel from the 109th Medical Bat- Dakota National Guard, have been de- of arms is fraught with hazard. The talion deployed to Jamaica to perform ployed 35 times to places like Panama, world demands that we train hard, and medical readiness training, the 153rd Saudi Arabia, Kuwait, Iraq, Haiti, So- realistic training brings real dangers. Engineering Battalion worked on malia, Bosnia, Kosovo and even East American interests require that our vertical construction in Hohenfels, Timor. forces be forward, and those distant Germany, and the 109th Engineer In the 40-year span of the Cold War waters can mask unseen threats. And Group participated in warfighter exer- era, our military was only deployed 10 the requirement for technological lead- cises in Gafenwoehr. In just 3 years, times. Today, the U.S. Armed Forces ership means that flaws in new systems the 147th Field Artillery’s two battal- are 40 percent smaller but 30 percent can occasionally take a fearsome price. ions completed conversion to the mul- busier than they were just 10 years ago. So let us give thought on this Valen- tiple launch rocket system, and I have A national strategy that clearly indi- tine’s Day, this day dedicated to love,

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.056 pfrm02 PsN: H14PT1 H354 CONGRESSIONAL RECORD — HOUSE February 14, 2001 to those men and women who put love to the United States but also a tena- It is harder for them to save for emergencies of country above all. We are free to cious ally, as demonstrated by their re- or to invest money for their future. It is also speak our minds in this Chamber be- cent assistance in our peacekeeping ef- harder for them to meet day-to-day expenses. cause, out there, they have accepted forts in Bosnia. I hope we will not jeop- This tax deduction will help. the job of keeping us free. We are able ardize their future security by with- All interest accrued on student loans should to run what we call political risks be- holding NATO membership beyond be deductible. Congress can send the mes- cause they take on mortal risks. 2002. sage that we value higher education and rec- We talk at some length about how to In closing, I would like to thank the ognize the financial responsibility students properly compensate our men and outgoing Ambassador from Lithuania, have made by allowing the student loan de- women in uniform. That debate goes Mr. Stasys Sakalauskas, for his service duction for the life of the loan. on. But I would suggest, Mr. Speaker, in Washington, D.C. and his dedication This will do two things: It will encourage in- that we owe a humbling debt to Amer- to improving U.S.-Lithuania relations. dividuals to go to college or graduate school, ica’s servicepeople that goes far beyond I also welcome the new Ambassador and it will reduce the cost of an education. Mr. the monetary. Indeed, it is not too who will be named at the end of this Speaker, I believe very strongly that the way much to say that, in the framers’ month, and I look forward to working to achieve the American Dream is through phrase, they defend our lives and our with him. education, and that everyone should have this sacred honor. Such a gift is truly be- I urge my colleagues to join me in opportunity. yond price. commemorating the 83rd anniversary It is absolutely essential that we continue to f of Lithuanian independence. invest in our most important hope for our chil- f dren—education. I urge my colleagues to sup- LITHUANIAN INDEPENDENCE DAY port my bill, H.R. . PERSONAL EXPLANATION The SPEAKER pro tempore (Mr. f THUNE). Under a previous order of the Mr. SHIMKUS. Mr. Speaker, due to House, the gentleman from Illinois the cancellation of my flight, I missed PUBLICATION OF THE RULES OF THE COMMITTEE ON WAYS AND (Mr. SHIMKUS) is recognized for 5 min- the vote last night on H.R. 2, the So- utes. cial Security and Medicare Lock-box MEANS, 107TH CONGRESS Mr. SHIMKUS. Mr. Speaker, I rise Act of 2001. Had I been here, I would The SPEAKER pro tempore. Under a today to commemorate the 83rd anni- have voted in favor of the bill. previous order of the House, the gen- versary of Lithuanian Independence This legislation signifies our com- tleman from California (Mr. THOMAS) is Day and the 10th anniversary of free- mitment to protect seniors’ benefits. It recognized for 5 minutes. dom from Soviet occupation. I am es- ensures that Medicare and Social Secu- Mr. THOMAS. Mr. Speaker, I am submitting pecially proud of my Lithuanian herit- rity funds will only be used for their the attached Committee on Ways and Means age at this time of the year. intended purposes and not be spent on rules for the 107th Congress for publication in From the first Independence Day on other government programs. I believe the CONGRESSIONAL RECORD pursuant to February 16, 1918 until their reasser- this is a major step toward long-term House Rule XI, Clause 2(a)(2). tion of their independence on February reform that will assure all workers and The Committee adopted these Rules on 16, 1991, freedom from foreign domina- retirees that these programs will be February 7, 2001. tion has been a hard-earned dream for there for their future. If you have any questions please contact the Republic of Lithuania. f John Kelliher at x69150. The Lithuanian people withstood un- COMMITTEE ON WAYS AND MEANS, U.S. 1345 speakable abuse under Soviet military b HOUSE OF REPRESENTATIVES—MAN- forces that occupied Lithuania from REPEALING THE 5-YEAR LIMITA- UAL OF RULES OF THE COMMITTEE ON 1940 to 1991 with dignity and restraint. TION ON INTEREST DEDUCT- WAYS AND MEANS FOR THE ONE HUN- IBILITY FOR STUDENT LOANS DRED SEVENTH CONGRESS, ADOPTED In Vilnius, the capital of Lithuania, FEBRUARY 7, 2001 there are many reminders kept of the The SPEAKER pro tempore (Mr. (Prepared for the use of the Committee on sacrifices made for freedom. The SIMPSON). Under a previous order of the Ways and Means by its staff) Vilnius KGB museum consists of a House, the gentlewoman from Hawaii FOREWORD basement jail that has cells and tor- (Mrs. MINK) is recognized for 5 minutes. This manual has been prepared to assist ture chambers where secret police de- Mrs. MINK of Hawaii. Mr. Speaker, today I Members of the Committee on Ways and tained and interrogated Lithuanian rise to re-introduce a bill important to all stu- Means, its staff, and the public. It presents prisoners before sending them into Si- dents—H.R. . In the 105th Congress, we in two parts various rules that affect the or- berian exile. The Lithuanian par- passed legislation that allows students to de- ganization and procedures of the Committee liament building hosts a section of bul- duct interest paid on student loans. We did on Ways and Means. Part I contains rules let-scarred barricades that were used in this to make it easier for all Americans to bear adopted by the Committee for the 107th Con- 1990 to ward off Russian tanks. Also, the enormous costs of higher education, and gress. Part II contains selected Rules of the the Vilnius TV tower, which is the tall- House of Representatives, which are also a I supported this effort whole-heartedly. part of the rules of the Committee, affecting est structure in the city, has a monu- My bill improves this law by removing the all standing committees of the House. ment to the 14 unarmed, freedom-lov- current 60 month limitation period for deduct- PART I.—RULES OF THE COMMITTEE ON WAYS ing Lithuanians who were murdered on ing student loan interest. As the law currently AND MEANS FOR THE 107TH CONGRESS January 13, 1991 by Soviet soldiers dur- stands, if your student loan is older than 5 Rule XI of the Rules of the House of Rep- ing their attempt to take over the years from when it came due, you are not eli- resentatives, provides in part: tower. gible for a tax deduction. * * * 1. (a)(1)(A) Except as provided in sub- In the 10 short years since the rees- This limitation needs to be removed. Higher division (B), the Rules of the House are the tablishment of its independence, the education has become increasingly expensive rules of its committees and subcommittees Republic of Lithuania has restored de- and is creating a financial burden on grad- so far as applicable. mocracy, ensured human rights, se- uates well beyond the first five years of grad- (B) A motion to recess from day to day, cured the rule of law, developed a free and a motion to dispense with the first read- uation. According to the General Accounting ing (in full) of a bill or resolution, if printed market economy, cultivated friendly Office, the average student loan in 1980 was copies are available, each shall be privileged relations with neighboring countries $518; in 1995, it rose to $2,417, an increase in committees and subcommittees and shall and successfully pursued a course of in- of 367%. Tuition at 4-year public and private be decided without debate. tegration into the European Union. colleges and universities has risen nearly (2) Each subcommittee is a part of its com- 2001 will be another critical year for three times as much as median household in- mittee and is subject to the authority and Lithuania as it works to attract for- come in the past 15 years. As a result, it is direction of that committee and to its rules, eign investment and gain admission so far as applicable.* * * becoming harder for students to graduate from * * * 2. (a)(1) Each standing committee into NATO. Lithuania deserves our rec- college or graduate school without the help of shall adopt written rules governing its proce- ognition for its perseverance in the student loans. dure. Such rules— face of immense challenges. It has Students that graduate with student loans (A) shall be adopted in a meeting that is proven not only to be a faithful friend start out a few steps behind those without it. open to the public unless the committee, in

VerDate 14-FEB-2001 03:19 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.058 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H355 open session and with a quorum present, de- name of the full Committee Chairman or the Committee. The Committee shall, to the termines by record vote that all or part of Subcommittee Chairman under whose au- maximum extent feasible, make its publica- the meeting on that day shall be closed to thority the document is released. Any such tions available in electronic form. the public; document shall be made available to the full Rule 7. Websites (B) may not be inconsistent with the Rules Committee Chairman and Ranking Minority The minority shall been entitled to a sepa- of the House or with those provisions of law Member not less than 3 calendar days (ex- rate website that is linked to and accessible having the force and effect of Rules of the cluding Saturdays, Sundays, and legal holi- only from the full Committee’s website. For House * * *. days) prior to its public release. any website created under this policy, the In accordance with the foregoing, the Com- The requirements of this rule shall apply Ranking Minority Member is responsible for mittee on Ways and Means, on February 7, only to the publication of policy-oriented, its content and must be identified on the in- 2001 adopted the following as the Rules of the analytical documents, and not to the publi- troductory page. Committee for the 107th Congress. cation of public hearings, legislative docu- All Committee websites must comply with A. GENERAL ments, documents which are administrative House Regulations. in nature or reports which are required to be Rule 1. Application of Rules The content of a committee website may submitted to the Committee under public not: Except where the terms ‘‘full Committee’’ law. The appropriate characterization of a (1) Include personal, political, or campaign and ‘‘Subcommittee’’ are specifically re- document subject to this rule shall be deter- information. ferred to, the following rules shall apply to mined after consultation with the Minority. (2) Be directly linked or refer to websites the Committee on Ways and Means and its Rule 5. Official Travel created or operated by campaign or any cam- Subcommittees as well as the respective Consistent with the primary expense reso- paign related entity, including political par- Chairmen. lution and such additional expense resolu- ties and committees. Rule 2. Meeting Date and Quorums tion as may have been approved, the provi- (3) Include grassroots lobbying or solicit The regular meeting day of the Committee sions of this rule shall govern official travel support for a Member’s position. on Ways and Means shall be on the second of Committee Members and Committee staff. (4) Generate, circulate, solicit or encour- Wednesday of each month while the House is Official travel to be reimbursed from funds age signing petitions. (5) Include any advertisement for any pri- in session. However, the Committee shall not set aside for the full Committee for any vate individual, firm, or corporation, or meet on the regularly scheduled meeting day Member or any committee staff member imply in any manner that the Government if there is no business to be considered. shall be paid only upon the prior authoriza- endorses or favors any specific commercial A majority of the Committee constitutes a tion of the Chairman. Official travel may be product, commodity, or service. quorum for business; provided however, that authorized by the Chairman for any Member two Members shall constitute a quorum at and any committee staff member in connec- B. SUBCOMMITTEES any regular scheduled hearing called for the tion with the attendance of hearings con- Rule 8. Subcommittee Ratios and Jurisdiction purpose of taking testimony and receiving ducted by the Committee, its Subcommit- All matters referred to the Committee on evidence. In establishing a quorum for pur- tees, or any other Committee or Sub- Ways and Means involving revenue meas- poses of a public hearing, every effort shall committee of the Congress on matters rel- ures, except those revenue measures referred be made to secure the presence of at least evant to the general jurisdiction of the Com- to Subcommittees under paragraphs 1, 2, 3, 4, one Member each from the majority and the mittee, and meetings, conferences, facility 5, or 6 shall be considered by the full Com- minority. inspections, and investigations which in- mittee and not in Subcommittee. There shall The Chairman of the Committee may call volve activities or subject matter relevant to be six standing Subcommittees as follows: a and convene, as he considers necessary, addi- the general jurisdiction of the Committee. Subcommittee on Trade; a Subcommittee on tional meetings of the Committee for the Before such authorization is given, there Oversight; a Subcommittee on Health; a Sub- consideration of any bill or resolution pend- shall be submitted to the Chairman in writ- committee on Social Security; a Sub- ing before the Committee or for the conduct ing the following: committee on Human Resources; and a Sub- of other Committee business. The Com- (1) The purpose of the official travel; committee on Select Revenue Measures. The mittee shall meet pursuant to the call of the (2) The date during which the official trav- ratio of Republicans to Democrats on any Chair. el is to be made and the date or dates of the Subcommittee of the Committee shall be Rule 3. Committee Budget event for which the official travel is being consistent with the ratio of Republicans to made; Democrats on the full Committee. For each Congress, the Chairman, in con- (3) The location of the event for which the sultation with the Majority Members of the 1. The Subcommittee on Trade shall con- official travel is to be made; and sist of 15 Members, 9 of whom shall be Re- Committee, shall prepare a preliminary (4) The names of Members and Committee budget. Such budget shall include necessary publicans and 6 of whom shall be Democrats. staff seeking authorization. The jurisdiction of the Subcommittee on amounts for staff personnel, travel, inves- In the case of official travel of Members Trade shall include bills and matters re- tigation, and other expenses of the Com- and staff of a Subcommittee to hearings, ferred to the Committee on Ways and Means mittee. After consultation with the Minority meetings, conferences, facility inspections that relate to customs and customs adminis- Members, the Chairman shall include an and investigations involving activities or tration including tariff and import fee struc- amount budgeted by Minority Members for subject matter under the jurisdiction of such ture, classification, valuation of and special staff under their direction and supervision. Subcommittee to be paid for out of funds al- rules applying to imports, and special tariff Thereafter, the Chairman shall combine such located to such Subcommittee, prior author- provisions and procedures which relate to proposals into a consolidated Committee ization must be obtained from the Sub- customs operation affecting exports and im- budget, and shall present the same to the committee Chairman and the full Committee ports; import trade matters, including im- Committee for its approval or other action. Chairman. Such prior authorization shall be port impact, industry relief from injurious The Chairman shall take whatever action is given by the Chairman only upon the rep- imports, adjustment assistance and pro- necessary to have the budget as finally ap- resentation by the applicable Subcommittee grams to encourage competitive responses to proved by the Committee duly authorized by Chairman in writing setting forth those imports, unfair import practices including the House. After said budget shall have been items enumerated above. antidumping and countervailing duty provi- adopted, no substantial change shall be made Within 60 days of the conclusion of any of- sions, and import policy which relates to de- in such budget unless approved by the Com- ficial travel authorized under this rule, there pendence on foreign sources of supply; com- mittee. shall be submitted to the full Committee modity agreements and reciprocal trade Rule 4. Publication of Committee Documents Chairman a written report covering the in- agreements including multilateral and bilat- Any Committee or Subcommittee print, formation gained as a result of the hearing, eral trade negotiations and implementation document, or similar material prepared for meeting, conference, facility inspection or of agreements involving tariff and nontariff public distribution shall either be approved investigation attended pursuant to such offi- trade barriers to and distortions of inter- by the Committee or Subcommittee prior to cial travel. national trade; international rules, organiza- distribution and opportunity afforded for the Rule 6. Availability of Committee Records and tions and institutional aspects of inter- inclusion of supplemental, minority or addi- Publications national trade agreements; budget author- tional views, or such document shall contain The records of the Committee at the Na- izations for the U.S. Customs Service, the on its cover the following disclaimer: tional Archives and Records Administration U.S. International Trade Commission, and Prepared for the use of Members of the shall be made available for public use in ac- the U.S. Trade Representative; and special Committee on Ways and Means by members cordance with Rule VII of the Rules of the trade-related problems involving market ac- of its staff. This document has not been offi- House of Representatives. The Chairman cess, competitive conditions of specific in- cially approved by the Committee and may shall notify the Ranking Minority Member dustries, export policy and promotion, access not reflect the views of its Members. of any decision, pursuant to clause 3(b)(3) or to materials in short supply, bilateral trade Any such print, document, or other mate- clause 4(b) of the rule, to withhold a record relations including trade with developing rial not officially approved by the Com- otherwise available, and the matter shall be countries, operations of multinational cor- mittee or Subcommittee shall not include presented to the Committee for a determina- porations, and trade with nonmarket econo- the names of its Members, other than the tion on the written request of any Member of mies.

VerDate 14-FEB-2001 03:19 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.023 pfrm02 PsN: H14PT1 H356 CONGRESSIONAL RECORD — HOUSE February 14, 2001 2. The Subcommittee on Oversight shall to the programs of unemployment compensa- names of those Committee Members as the consist of 13 Members, 8 of whom shall be Re- tion under titles III, IX and XII of the Social Chairman may designate. In making rec- publicans and 5 of whom shall be Democrats. Security Act, Chapters 23 and 23A of the In- ommendations of Minority Members as con- The jurisdiction of the Subcommittee on ternal Revenue Code, the Federal-State Ex- ferees, the Chairman shall consult with the Oversight shall include all matters within tended Unemployment Compensation Act of Ranking Minority Member of the Com- the scope of the full Committee’s jurisdic- 1970, the Emergency Unemployment Com- mittee. tion but shall be limited to existing law. pensation Act of 1974, and provisions relating C. HEARINGS Said oversight jurisdiction shall not be ex- thereto. Rule 13. Witnesses clusive but shall be concurrent with that of 6. The Subcommittee on Select Revenue the other Subcommittees. With respect to Measures shall consist of 11 Members, 7 of In order to assure the most productive use matters involving the Internal Revenue Code whom shall be Republicans and 4 of whom of the limited time available to question and other revenue issues, said concurrent ju- shall be Democrats. hearing witnesses, a witness who is sched- risdiction shall be shared with the full Com- The jurisdiction of the Subcommittee on uled to appear before the full Committee or mittee. Before undertaking any investiga- Select Revenue Measures shall consist of a Subcommittee shall file with the Clerk of tion or hearing, the Chairman of the Sub- those revenue measures that, from time to the Committee at least 48 hours in advance committee on Oversight shall confer with time, shall be referred to it specifically by of his appearance a written statement of his the Chairman of the full Committee and the the Chairman of the full Committee. proposed testimony. In addition, all wit- Chairman of any other Subcommittee having Rule 9. Ex-Officio Members of Subcommittees nesses shall comply with formatting require- ments as specified by the Committee and the jurisdiction. The Chairman of the full Committee and 3. The Subcommittee on Health shall con- Rules of the House. Failure to comply with the Ranking Minority Member may sit as ex- sist of 13 Members, 8 of whom shall be Re- the 48-hour rule may result in a witness officio Members of all Subcommittees. They publicans and 5 of whom shall be Democrats. being denied the opportunity to testify in may be counted for purposes of assisting in The jurisdiction of the Subcommittee on person. Failure to comply with the for- the establishment of a quorum for a Sub- Health shall include bills and matters re- matting requirements may result in a wit- committee. However, their absence shall not ferred to the Committee on Ways and Means ness’ statement being rejected for inclusion count against the establishment of a quorum that relate to programs providing payments in the published hearing record. In addition by the regular Members of the Sub- (from any source) for health care, health de- to the requirements of clause 2(g)(4) of Rule committee. Ex-officio Members shall neither livery systems, or health research. More spe- XI, of the Rules of the House, regarding in- vote in the Subcommittee nor be taken into cifically, the jurisdiction of the Sub- formation required of public witnesses, a consideration for purposes of determining committee on Health shall include bills and witness shall limit his oral presentation to a the ratio of the Subcommittee. matters that relate to the health care pro- summary of his position and shall provide grams of the Social Security Act (including Rule 10. Subcommittee Meetings sufficient copies of his written statement to titles V, XI (Part B), XVIII, and XIX thereof) Insofar as practicable, meetings of the full the Clerk for distribution to Members, staff and, concurrent with the full Committee, tax Committee and its Subcommittees shall not and news media. credit and deduction provisions of the Inter- conflict. Subcommittee Chairmen shall set A witness appearing at a public hearing, or nal Revenue Code dealing with health insur- meeting dates after consultation with the submitting a statement for the record of a ance premiums and health care costs. Chairman of the full Committee and other public hearing, or submitting written com- 4. The Subcommittee on Social Security Subcommittee Chairmen with a view toward ments in response to a published request for shall consist of 13 Members, 8 of whom shall avoiding, wherever possible, simultaneous comments by the Committee must include be Republicans and 5 of whom shall be Demo- scheduling of full Committee and Sub- on his statement or submission a list of all crats. committee meetings or hearings. clients, persons, or organizations on whose The jurisdiction of the Subcommittee on Rule 11. Reference of Legislation and behalf the witness appears. Oral testimony Social Security shall include bills and mat- Subcommittee Reports and statements for the record, or written ters referred to the Committee on Ways and Except for bills or measures retained by comments in response to a request for com- Means that relate to the Federal Old-Age, the Chairman of the full Committee for full ments by the Committee, will be accepted Survivors’ and Disability Insurance System, Committee consideration, every bill or other only from citizens of the United States or the Railroad Retirement System, and em- measure referred to the Committee shall be corporations or associations organized under ployment taxes and trust fund operations re- referred by the Chairman of the full Com- the laws of one of the 50 States of the United lating to those systems. More specifically, mittee to the appropriate Subcommittee in a States or the District of Columbia, unless the jurisdiction of the Subcommittee on So- timely manner. A Subcommittee shall, with- otherwise directed by the Chairman of the cial Security shall include bills and matters in 3 legislative days of the referral, acknowl- full Committee or Subcommittee involved. involving title II of the Social Security Act edge same to the full Committee. Written statements from noncitizens may be and Chapter 22 of the Internal Revenue Code After a measure has been pending in a Sub- considered for acceptance in the record if (the Railroad Retirement Tax Act), as well committee for a reasonable period of time, transmitted to the Committee in writing by as provisions in title VII and title XI of the the Chairman of the full Committee may Members of Congress. Act relating to procedure and administration make request in writing to the Sub- Rule 14. Questioning of Witnesses involving the Old-Age, Survivors’ and Dis- committee that the Subcommittee forthwith Committee Members may question wit- ability Insurance System. report the measure to the full Committee 5. The Subcommittee on Human Resources nesses only when recognized by the Chair- with its recommendations. If within 7 legis- shall consist of 13 Members, 8 of whom shall man for that purpose. All Members shall be lative days after the Chairman’s written re- be Republicans and 5 of whom shall be Demo- limited to 5 minutes on the initial round of quest, the Subcommittee has not so reported crats. questioning. In questioning witnesses under The jurisdiction of the Subcommittee on the measure, then there shall be in order in the 5-minute rule, the Chairman and the Human Resources shall include bills and the full Committee a motion to discharge Ranking Minority Member shall be recog- matters referred to the Committee on Ways the Subcommittee from further consider- nized first after which Members who are in and Means that relate to the public assist- ation of the measure. If such motion is ap- attendance at the beginning of a hearing will ance provisions of the Social Security Act proved by a majority vote of the full Com- be recognized in the order of their seniority including welfare reform, supplemental secu- mittee, the measure may thereafter be con- on the Committee. Other Members shall be rity income, aid to families with dependent sidered only by the full Committee. recognized in the order of their appearance No measure reported by a Subcommittee children, social services, child support, eligi- at the hearing. In recognizing Members to shall be considered by the full Committee bility of welfare recipients for food stamps, question witnesses, the Chairman may take unless it has been presented to all Members and low-income energy assistance. More spe- into consideration the ratio of Majority of the full Committee at least 2 legislative cifically, the jurisdiction of the Sub- Members to Minority Members and the num- days prior to the full Committee’s meeting, committee on Human Resources shall in- ber of Majority and Minority Members together with a comparison with present clude bills and matters relating to titles I, present and shall apportion the recognition law, a section-by-section analysis of the pro- IV, VI, X, XIV, XVI, XVII, XX and related for questioning in such a manner as not to posed change, a section-by-section justifica- provisions of titles VII and XI of the Social disadvantage Members of the majority. tion, and a draft statement of the budget ef- Security Act. Rule 15. Subpoena Power The jurisdiction of the Subcommittee on fects of the measure that is consistent with The power to authorize and issue sub- Human Resources shall also include bills and the requirements for reported measures poenas is delegated to the Chairman of the matters referred to the Committee on Ways under clause 3(d)(2) of Rule XIII of the Rules full Committee, as provided for under clause and Means that relate to the Federal-State of the House of Representatives. 2(m)(3)(A)(i) of Rule XI of the House of Rep- system of unemployment compensation, and Rule 12. Recommendation for Appointment of resentatives. the financing thereof, including the pro- Conferees grams for extended and emergency benefits. Whenever in the legislative process it be- Rule 16. Records of Hearings More specifically, the jurisdiction of the comes necessary to appoint conferees, the In accurate stenographic record shall be Subcommittee on Human Resources shall Chairman of the full Committee shall rec- kept of all testimony taken at a public hear- also include all bills and matters pertaining ommend to the Speaker as conferees the ing. The staff shall transmit to a witness the

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.025 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H357 transcript of his testimony for correction nority committee staff) that it is necessary (d) in the case of a fact-finding trip or and immediate return to the Committee of- to review the official transcript of a markup, international travel, a description of the pro- fices. Only changes in the interest of clarity, such transcript may be released upon the posed itinerary and proposed agenda of sub- accuracy and corrections in transcribing er- signature and to the custody of an appro- stantive issues to be discussed, as well as a rors will be permitted. Changes that substan- priate committee staff person. Such tran- justification of the relevance and importance tially alter the actual testimony will not be script shall be returned immediately after of the fact-finding trip or international trav- permitted. Members shall correct their own its review in the drafting sessions el to the staff member’s official duties. testimony and return transcripts as soon as The official transcript of a markup or (3) REASONABLE TRAVEL AND LODGING EX- possible after receipt thereof. The Chairman Committee meeting other than a public PENSES.—After receipt of the advance ap- of the full Committee may order the printing hearing shall not be published or distributed proval described in (1) above, a staff person of a hearing without the corrections of a wit- to the public in any way except by a major- may accept reimbursement by an appro- ness or Member if he determines that a rea- ity vote of the Committee. Before any public priate sponsoring organization of reasonable sonable time has been afforded to make cor- release of the uncorrected transcript, Mem- travel and lodging expenses associated with rections and that further delay would impede bers must be given a reasonable opportunity a speaking engagement, fact-finding trip, or the consideration of the legislation or other to correct their remarks. In instances in international travel related to official du- measure that is the subject of the hearing. which a stenographic transcript is kept of a ties, provided such reimbursement is con- conference committee proceeding, all of the Rule 17. Broadcasting of Hearings sistent with the Rules of the House of Rep- requirements of this rule shall likewise be resentatives. (In lieu of reimbursement after The provisions of clause 4(f) of Rule XI of observed. the event, expenses may be paid directly by the Rules of the House of Representatives Rule 21. Publication of Decisions and an appropriate sponsoring organization.) The are specifically made a part of these rules by Legislative Language reasonable travel and lodging expenses of a reference. In addition, the following policy A press release describing any tentative or spouse (but not children) may be reimbursed shall apply to media coverage of any meet- final decision made by the full Committee or (or directly paid) by an appropriate spon- ing of the full Committee or a Sub- a Subcommittee on legislation under consid- soring organization consistent with the committee: eration shall be made available to each Rules of the House of Representatives. (1) An appropriate area of the Committee’s Member of the Committee as soon as pos- (4) TRIP SUMMARY AND REPORT.—In the case hearing room will be designated for members sible, but no later than the next day. How- of any reimbursement or direct payment as- of the media and their equipment. ever, the legislative draft of any tentative or sociated with a fact-finding trip or inter- (2) No interviews will be allowed in the final decision of the full Committee or a national travel, a staff person must submit, Committee room while the Committee is in Subcommittee shall not be publicly released within 60 days after such trip, a report sum- session. Individual interviews must take until such draft is made available to each marizing the trip and listing all expenses re- place before the gavel falls for the convening Member of the Committee. imbursed or directly paid by the sponsoring of a meeting or after the gavel falls for ad- E. STAFF organization. This information shall be sub- journment. mitted to the Chairman (or, in the case of (3) Day-to-day notification of the next Rule 22. Supervision of Committee Staff the minority staff, to the Ranking Minority day’s electronic coverage shall be provided The staff of the Committee shall be under Member). by the media to the Chairman of the full the general supervision and direction of the c. WAIVER.—The Chairman (or, where ap- Committee through an appropriate designee. Chairman of the full Committee except as propriate, the Ranking Minority Member) (4) Still photography during a Committee provided in clause 9 of Rule X of the Rules of may waive the application of section (b) of meeting will not be permitted to disrupt the the House of Representatives concerning this rule upon a showing of good cause. proceedings or block the vision of Com- Committee expenses and staff. mittee Members or witnesses. Pursuant to clause 6(d) of Rule X of the PART II.—SELECTED RULES OF THE HOUSE OF (5) Further conditions may be specified by Rules of the House of Representatives, the REPRESENTATIVES Chairman of the full Committee, from the the Chairman. Part II of the Manual of Rules of the Com- funds made available for the appointment of mittee on Ways and Means consists of se- D. MARKUPS Committee staff pursuant to primary and ad- lected Rules of the House of Representatives, Rule 18. Reconsideration of Previous Vote ditional expense resolutions, shall ensure which are also a part of the Committee’s that each Subcommittee receives sufficient When an amendment or other matter has rules and which affect its organization, ad- staff to carry out its responsibilities under been disposed of, it shall be in order for any ministration, and operation. The rules cited the rules of the Committee, and that the mi- Member of the prevailing side, on the same herein are not exclusive of other rules of the nority party is fairly treated in the appoint- or next day on which a quorum of the Com- House of Representatives applicable to the ment of such staff. mittee is present, to move the reconsider- Committee, but rather are considered to be ation thereof, and such motion shall take Rule 23. Staff Honoraria, Speaking some of the more important rules to which precedence over all other questions except Engagements, and Unofficial Travel frequent reference is made. the consideration of a motion to adjourn. This rule shall apply to all majority and Rule 19. Previous Question minority staff of the Committee and its Sub- f committees. The Chairman shall not recognize a Mem- The SPEAKER pro tempore. Under a a. HONORARIA.—Under no circumstances previous order of the House, the gen- ber for the purpose of moving the previous shall a staff person accept the offer of an tleman from Washington (Mr. SMITH) is question unless the Member has first advised honorarium. This prohibition includes the the Chair and the Committee that this is the direction of an honorarium to a charity. recognized for 5 minutes. purpose for which recognition is being b. SPEAKING ENGAGEMENTS AND UNOFFICIAL (Mr. SMITH of Washington addressed sought. TRAVEL.— the House. His remarks will appear Rule 20. Official Transcripts of Markups and (1) ADVANCE APPROVAL REQUIRED.—In the hereafter in the Extensions of Re- Other Committee Meetings case of all speaking engagements, fact-find- marks.) An official stenographic transcript shall be ing trips, and other unofficial travel, a staff kept accurately reflecting all markups and person must receive approved by the full f Committee Chairman (or, in the case of the other meetings of the full Committee and REVISIONS TO THE ALLOCATION the Subcommittees, whether they be open or minority staff, from the Ranking Minority closed to the public. This official transcript, Member) at least 7 calendar days prior to the FOR THE HOUSE COMMITTEE ON marked as ‘‘uncorrected,’’ shall be available event. APPROPRIATIONS (2) REQUIRED FOR APPROVAL.—A request for for inspection by the public (except for meet- approval must be submitted in writing to the The SPEAKER pro tempore. Under a ings closed pursuant to clause 2(g)(1) of Rule full Committee Chairman (or, where appro- previous order of the House, the gen- XI of the Rules of the House), by Members of priate, the Ranking Minority Member) in tleman from Iowa (Mr. NUSSLE) is rec- the House, or by Members of the Committee connection with each speaking engagement, ognized for 5 minutes. together with their staffs, during normal fact-finding trip, or other unofficial travel. business hours in the full Committee or Sub- Mr. NUSSLE. Mr. Speaker, pursuant to sec- Such request must contain the following in- tion 314 of the Congressional Budget Act, I committee office under such controls as the formation: Chairman of the full Committee deems nec- (a) the name of the sponsoring organiza- hereby submit for printing in the CONGRES- essary. Official transcripts shall not be re- tion and a general description of such orga- SIONAL RECORD revisions to the allocation for moved from the Committee or Sub- nization (nonprofit organization, trade asso- the House Committee on Appropriations. The committee office. If, however, (1) in the ciation, etc.); allocation for fiscal year 2001 printed in the drafting of a Committee or Subcommittee (b) the nature of the event, including any House Report 106–761 is increased to reflect decision, the Office of the House Legislative relevant information regarding attendees at Counsel or (2) in the preparation of a Com- such event; $8,303,000,000 in additional new budget au- mittee report, the Chief of Staff of the Joint (c) in the case of a speaking engagement, thority and $4,392,000,000 in additional out- Committee on Taxation determines (in con- the subject of the speech and duration of lays for emergency appropriations, as detailed sultation with appropriate majority and mi- staff travel, if any; and in the following table:

VerDate 14-FEB-2001 03:19 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A14FE7.027 pfrm02 PsN: H14PT1 H358 CONGRESSIONAL RECORD — HOUSE February 14, 2001

Subcommittee (Purpose) Budget authority Outlays

Agriculture, the FDA and Related Agencies (Primarily for the Commodity Credit Corporation Fund) ...... $3,563,000,000 $3,088,000,000 Defense (Primarily for the repair of U.S.S. Cole) ...... 249,000,000 185,000,000 Energy and Water Development (Primarily for nuclear nonproliferation) ...... 214,000,000 133,000,000 Foreign Operations (Primarily for debt restructuring and international disaster assistance) ...... 467,000,000 55,000,000 Interior (Primarily for Wildland fire management) ...... 1,689,000,000 710,000,000 Legislative Branch (Primarily for the FHA general and special risk program account) ...... 52,000,000 36,000,000 Transportation (Primarily for federal aid highways) ...... 718,000,000 193,000,000 Treasury, Postal Service and General Government (For the Counterterrorism Fund) ...... 55,000,000 ...... Veterans, HUD and Independent Agencies (Primarily for FEMA disaster relief) ...... 1,296,000,000 ¥8,000,000

Those allocation adjustments will change just identified at the Library, are remedied as same types of deficiencies that it and your the allocation of House Committee on Appro- soon as practicable. I include for the RECORD office found during prior inspections of the priations to $609,656,000,000 in budget au- the texts of our letters to the Architect and the Capitol and House office buildings. We are Inspector General of the House: greatly concerned about the danger posed to thority and $636,827,000,000 in outlays for fis- Library employees, visitors, and to the Li- HOUSE OF REPRESENTATIVES, cal year 2001. The aggregate total will in- brary’s valuable collection of books and arti- COMMITTEE ON HOUSE ADMINISTRATION, crease to $1,537,861,000,000 in budget au- facts, many irreplaceable, by the effects of Washington, DC, February 7, 2001. thority and $1,506,048,000,000 in outlays. decades of inadequate attention to fire safe- Hon. ALAN M. HANTMAN, AIA, Questions may be directed to Dan Kowalski ty. We are eager to help the Architect of the The Architect of the Capitol, or Jim Bates at extension 67270. Capitol reverse these effects. The Capitol. Your office has considerable expertise in f DEAR MR. HANTMAN: We have received the such matters, and you continue to oversee recent Office of Compliance report on its FIRE SAFETY AT THE LIBRARY OF the Architect’s efforts to correct fire-safety fire-safety inspections of the Library of Con- deficiencies in the Capitol and House build- CONGRESS gress buildings. As you know, the Office ings. We write to ask that you similarly The SPEAKER pro tempore. Under a found numerous fire-safety deficiencies in monitor the AOC’s work to correct the fire- the three Library buildings, the same types previous order of the House, the gen- safety deficiencies at the Library, offer the of deficiencies found last year during thor- tleman from Maryland (Mr. HOYER) is AOC and the Library whatever guidance you ough inspections of the Capitol and congres- recognized for 5 minutes. may deem appropriate, and keep the Com- sional office buildings. We are greatly con- Mr. HOYER. Mr. Speaker, late last month mittee apprised of progress. As work pro- cerned about the report and the grave danger gresses, should you have any concerns, the Office of Compliance reported on its com- posed to Library employees, visitors, and to please bring them to the Committee’s atten- prehensive fire-safety inspections of the three the Library’s enormous collection of books tion immediately. To coordinate efforts and Library of Congress buildings. and artifacts, many irreplaceable, by decades facilitate communications, we have urged After previous dire warnings over the last of inadequate attention to fire-safety mat- the Architect to incorporate into his ap- two years from the House Inspector General ters. We know you share our concern, and proach at the Library a plan to conduct reg- trust that you also share our determination and the Compliance Office about the state of ular, frequent meetings among AOC staff, Li- to see these additional deficiencies corrected fire protection in the Capitol and congressional brary staff and your staff, as he has done in at the earliest possible date. office buildings, I had hoped for a better report Toward that goal, we ask that you provide the House. on conditions at the Library. Unfortunately, the us immediately with a comprehensive report Thanking you for your attention to this Compliance Office found that the Library build- on the status of AOC efforts to correct defi- matter, with kindest regards, we remain ings suffer from many of the same deficiencies ciencies found in the Library buildings. Sincerely yours, OB NEY, as the Capitol and congressional buildings. Please provide detailed plans for the correc- B I strongly believe that Congress must take tion of deficiencies that remain uncorrected, Chairman. STENY H. HOYER, every reasonable step to maximize the phys- including an identification of any additional resources that you may need to complete the Ranking Minority ical safety of the thousands who work in the Member. Capitol complex every day and of the millions work and timelines for its completion. We also ask that you assess the level of fire pro- f who visit every year. Congress also has a re- tection now afforded to the Library’s most sponsibility to safeguard the numerous valu- BUDGET PRIORITIES AND FISCAL valuable artifacts, and indicate how you will RESPONSIBILITY able artifacts, many of them irreplaceable, prioritize the correction of deficiencies re- which are housed in the Capitol and among lated to their protection. The SPEAKER pro tempore. Under a the Library’s collections. We appreciate the progress that AOC has previous order of the House, the gen- In view of the Compliance Office’s findings made in addressing fire-safety deficiencies in tleman from Virginia (Mr. MORAN) is at the Library, the new Chairman of the House the House office buildings since the Inspec- recognized for 5 minutes. tor General’s and Compliance Office’s pre- Administration Committee [Mr. NEY] and I Mr. MORAN of Virginia. Mr. Speak- vious reports. We hope the Library can ben- have written jointly to the Architect of the Cap- efit from the AOC’s experience in addressing er, the most important issue facing itol, who has responsibility for maintaining the those deficiencies. In that vein, we encour- this Congress is the amount of the tax Library’s buildings, asking for a detailed report age you to incorporate into your approach cut that has been proposed by the on the status of his efforts to correct the defi- for the Library the use of frequent, regular President and by the majority party, ciencies there. Specifically, we have requested meetings among AOC, Library, and House In- and a majority of Americans appar- detailed plans, timelines, and an identification spector General staff, to coordinate efforts ently think that this tax cut would be of any additional resources needed to com- and facilitate communication . A similar ap- in their best interests. Today I would proach has worked well in the House. plete the task. We have also written to the Thanking you for your prompt attention like to make five points why I disagree, House Inspector General, who has dem- to this request, with kindest regards, we re- and try to explain why I think a cut of onstrated substantial expertise in fire-protec- main this proposed magnitude is potentially tion matters, asking his office to participate in Sincerely yours, disastrous. regular meetings with Architect and Library BOB NEY, The five points that I would like to staff, offer whatever guidance he deems ap- Chairman. make are, one, CBO’s 10-year surplus propriate, and monitor progress, as he does in STENY H. HOYER, projections are highly unreliable; sec- connection with ongoing fire-safety work in the Ranking Minority ondly, the tax cut is skewed to benefit Member. House. those who need the assistance the Last September the Architect unveiled be- HOUSE OF REPRESENTATIVES, least; third, I believe that this tax cut fore the House Administration Committee a COMMITTEE ON HOUSE ADMINISTRATION, is fiscally irresponsible in that it is staff reorganization plan that places all AOC Washington, DC, February 7, 2001. substantially understated; fourthly, fire-safety work under the supervision of a sin- Hon. STEVEN A. MCNAMARA, the tax cut ignores the financial catas- gle senior-level subordinate, as proposed in a Inspector General, House of Representatives, trophe that we know is going to occur bill (H.R. 4366) that I introduced in the last Ford House Office Building. when the baby boom generation retires DEAR MR. MCNAMARA: As you know, the in another few years; and, fifth, it does Congress. The AOC is clearly moving in the Office of Compliance just reported on the re- right direction and I appreciate the progress sults of its fire-safety inspections of the Li- not address what I believe is our high- he has made. The Chairman and I look for- brary of Congress buildings. The Compliance est priority, which is to pay off our ward to working with the Architect to ensure Office found numerous fire-safety defi- public debt before we do anything else the deficiencies previously noted, and those ciencies in the three Library buildings, the with the surplus.

VerDate 14-FEB-2001 03:40 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.062 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H359 On point number one, Mr. Speaker, family; we ought to do it in the Na- volved in here, began to head in the the projections upon which we assume tion’s best interest as well. right direction and lower its deficits that we can afford the tax cut are high- f and head toward a day where we could ly dependent upon economic perform- actually pay our bills on an annual THE ECONOMIC FUTURE OF ance that is, at best, uncertain in the basis and would not be swallowed with AMERICA near term, and really has no credible red ink. basis over the long term. CBO has in- The SPEAKER pro tempore. Under I know when I ran for Congress in creased their estimates from 2.8 per- the Speaker’s announced policy of Jan- 1996 it was the major campaign theme. cent to a little above 3 percent annual uary 3, 2001, the gentleman from Flor- The major campaign theme was bal- growth, but if they are off by as much ida (Mr. BOYD) is recognized for 60 min- ancing the budget, removing the defi- as eight-tenths of one percent, $4 tril- utes as the designee of the minority cits, the annual deficits that we had. lion of the surplus goes away. leader. So this is not something that is new, GAO Comptroller David Walker testi- Mr. BOYD. Mr. Speaker, it is a real not something we just started talking fied before the Congress that ‘‘no one pleasure to be here today to talk about about. This is important stuff for the should design tax or spending policy something I think that is critically im- long-term health of this country. pegged to the precise numbers in any portant to the future of this country. I Under the leadership of the House 10-year forecast.’’ He also said it is im- want us to look, if we will, deep into and the Senate, Speaker Gingrich, Ma- portant to remember that while projec- the 21st century, and I think we start jority Leader LOTT in the Senate, and tions for the next 10-year period look that by looking back historically and President Clinton, in 1997 a Balanced better, the long-term outlook looks seeing where we have come from. I Budget Act was put into place, put into much worse. want to talk a little bit about the eco- law, which was a plan, a blueprint, to Mr. Speaker, secondly, it is impor- nomic future of this country. lead us out of red ink and lead us into tant to understand that the effect of Mr. Speaker, after all, as a govern- an era when we could actually pay our the tax cut applies primarily to those ment, the people of this country expect bills. This model we have is so wonder- who in fact pay the most taxes. But the us to be an economic model, to provide ful that we actually achieved that goal top 1 percent, people whose incomes a structure, an economic structure, of getting away from deficits about 5 are over $320,000 a year, now pay about that will enable the private sector to years ahead of that schedule. The 1997 21 percent of the taxes. One percent flourish. Balanced Budget Act had us balancing pays 21 percent of the total Federal It has worked as well, Mr. Speaker, the budget in, I think, the year 2003– taxes; yet they would get 43 percent of as any plan that has been put together 2004, but we actually achieve that the benefit. Eighty percent of the popu- in the history of mankind. We have about 3 or 4 years ahead of that sched- lation would receive less than 29 per- something here in this country that is ule. We have a wonderful window of op- cent of the entire tax cut benefit. very special. This economic model, this portunity here now to continue the Thirdly, Mr. Speaker, while the tax experiment we are on now for over 225 work, to continue the job. plan proposes a $1.6 trillion cut, it does years, has taken us to be the most pow- Mr. Speaker, the budget process is not include the additional interest erful Nation in the world, not only eco- like a business plan. It is like a busi- costs that are incurred because it is nomically, but also militarily and po- ness plan that our businesses all across this Nation do on an annual basis. not applied to paying down the debt. It litically. They sit down and they look at what also raises the number of people who Let us look back, Mr. Speaker, just a kind of business they want to do, what will be subject to the alternative min- few short years, back into 1990. We just their objectives are, what parts of their imum tax from 2 million today to 27 came out of the decade of the ’80s. Ron- business they have to fund, what rev- million households by 2010. Virtually ald Reagan had served us 8 years won- enue they can expect to come in, and everybody over $75,000 over a year in derfully as our President. He had spent then they put all that together in a income is going to get hit with the al- a lot of his time focusing on the Soviet budget and then they go out and imple- ternative minimum tax. They are Union and the Cold War, and actually ment it. we saw the fall of the Soviet Union in going to be screaming at the time, and Mr. Speaker, that business plan allo- we are going to have to fix it at a sub- the late decade of the ’80s. cates, in the case of our Federal Gov- But if you looked at what was hap- stantial cost that is not factored in ernment, limited Federal resources to pening fiscally in our country, Mr. here. I should also say the estimates do our priorities that we think are impor- not protect military retirement nor Speaker, at that time, we were in pret- tant. civil service retirement. ty bad shape. Economically we were Mr. Speaker, the surplus is currently Fourthly, the baby boomer crisis. headed down the wrong path. If you go projected at $2.7 trillion. That is if we Once the baby boom generation that back to 1990, you would have found an- do not use Social Security and Medi- was born right after World War II nual deficits in the range of $250 to $300 care. We all know the CBO, Mr. Speak- starts to retire, we are going to be in billion a year. You had a mounting er, which I have a summary here which the position of only three workers for debt that was climbing a quarter of a we want to examine a little bit closer every retiree. That creates a situation trillion dollars annually. as we spend some time in this next that is untenable. So after we get out Many of us who were in the private hour, the CBO report talks about a $5.6 past 2011, when all these estimates are sector at that time thought that the trillion figure over the next 10 years, pegged, we are going to find that for economic experiment that we were in- and that is true; but we know that of the next life span we are as much as $22 volved in in this country was headed that $5.6 trillion, that about half of it trillion short in Social Security and $12 for an economic disaster as we moved is money that comes into the Social trillion short in Medicare. toward the 21st century. Security trust fund and the Medicare The best thing we could do right now But as you know, in 1990, with the Trust Fund. is to currently fund that unfunded So- leadership of President Bush, the first So we really ought to all get on the cial Security liability. If we put $3.1 step was taken to change the economic same page and talk about the current trillion aside, as we would do if we direction of this country. As a matter surplus, the projected surplus, Mr. were facing this in our own family or of fact, those changes, led by President Speaker, being at $2.7 trillion, because in a private corporation, we could fund Bush, probably cost him his reelection even just as late as yesterday this that unfunded liability and not leave in 1992. House voted, I think unanimously, to that burden to our children and grand- Then again in 1993, under the leader- reinsert its belief that the Social Secu- children to do so. ship of President Clinton, another big rity funds and the Medicare funds Lastly, Mr. Speaker, let me say that step was taken to sort of build the wall ought to go in a lockbox, and they our highest priority should be to pay around that foundation that President ought not to be touched for any pur- down the debt. That is the best way we Bush had built to get us headed back in pose, other than those two specific pur- can invest in our future, and that is the the right direction. With that eco- poses. best gift we can give to our children nomic plan in 1993, this government, So, Mr. Speaker, we want to spend and grandchildren. We do it in our own this economic model that we are in- the next hour examining some of the

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.064 pfrm02 PsN: H14PT1 H360 CONGRESSIONAL RECORD — HOUSE February 14, 2001 priorities that this Nation needs to Now, I was not very happy with the Some of us, myself being in this cat- deal with as we have this debate about cuteness of the vote yesterday, of the egory, I would like to see us take this surpluses, about tax cuts and about our actual bill yesterday, because it left a opportunity now to do more than just economic plan. loophole. I hope the American people complain about the energy problems of Mr. Speaker, at this time I am glad will hold us accountable not to the this country. to recognize the gentleman from Texas loopholes of being able to potentially A couple of years ago we had a de- (Mr. STENHOLM) to spend a few minutes spend these trust funds twice, which pression in the oil patch. No one was talking about his perspective. was possible by that resolution yester- worried about the domestic oil and gas b 1400 day, but to really and truly mean it producers, who were going broke in when we say we are not going to spend, droves because no one can produce oil Mr. STENHOLM. Mr. Speaker, I and let us put it more positively, we and gas at $7 a barrel, but no one was thank the gentleman for yielding to concerned about it then because we me, and I thank him for taking this are going to take this short-term ben- were all enjoying the cheapness of en- time today. efit that we have with Social Security I hope that everyone will pay par- in which we are taking in more than ergy. ticular attention to some of the com- we are paying out to today’s bene- Well, today everyone, including those ments that many of our colleagues are ficiaries and we are going to take that of us living in the oil patch, are com- going to be making. We will have the money and pay down the debt held by plaining about the price of energy. Why would this not be a good time to look gentleman from Mississippi (Mr. TAY- the public. at using the Tax Code to accomplish LOR), who will be on the floor momen- That is good. When I say that is good, tarily, and will talk very accurately that is being interpreted by the mar- some much needed improvements in about the fact that we really do not kets as being good. Everyone perhaps our energy policy in this country? have a surplus. looking right now or listening to this A simple question I ask, and unfortu- When we look at the Social Security right now should ask themselves, and nately it is not in the President’s plan trust fund, the Medicare trust fund, the answer a simple question, would they yet, but the President has said, I am Military Retirees trust fund, highways, rather have 63⁄4 percent home mort- amenable to change. I have submitted airports, that really and truly, there is gages or 93⁄4 percent home mortgages? my plan to the Congress. We would like no $5 trillion, 600 billion surplus. When we are buying a new car, would to hear Congress’s opinion on where we We ask our colleagues, particularly we rather have a 6, 7, 8 percent loan, or go. I would like to see us deal with our friends in the majority, to not just an 18 percent loan? this. look at part of the CBO report, but As a result of the economic policies I would like to see us deal with some take a look at the whole report. Notice that have been followed over the last 8 environmental incentives, some pro- where they make a very sound observa- or 10 years and the budget actions duction incentives, doing some things tion in that, first off, projecting the taken by the Congress over the last 6 we clearly need to do for the benefit of economy of the world for 10 years is al- or 8 years, we now find ourselves in a this country. Most everyone would most impossible. No one pretends to be position in which the markets are re- agree to that. There are a lot of things accurate. Yet, here we are now all of a acting. Yes, we are collecting more tax going on on both sides of the aisle to sudden taking 10-year projections, and revenue because people are making prepare us for this national energy pol- we hear $5.6 trillion of surpluses, and more money. That is good. That is not icy. I mention that because that is not we have folks beginning to act like it is bad. But the question we have to ask in the current numbers we hear being real, really beginning to say, ‘‘We are is, how long will it continue? kicked around. going to spend that money like it is We had a budget alternative, the I know I have other colleagues that real.’’ Blue Dogs, last year which focused on want to take a little bit of time now, Here we ask Members to consider one reducing the national debt. This is our so let me kind of summarize where we major fact, that 70 percent of the pro- budget again this year. We had a budg- are as far as the Blue Dogs’ input into jected surpluses that we are talking et that focused on saving Social Secu- the budget considerations this year. I about do not occur until the years 2007, rity first. My personal preference is, I can summarize it pretty quickly: Let 2008, 2009, 2010, and 2011. Who of us can wish we would have had the first seri- us bring a budget to the floor of the project tomorrow, much less 2011? ous discussion on this floor this year House first. Let us not bring tax bills When we go past 2011 for this same on saving Social Security and Medi- to the floor that everyone will feel in- CBO report, the $5,600,000,000,000 sur- care. clined to vote for because they do not plus, they show through another chart I happen to represent a rural district, want to explain why they are opposed that we have serious problems. In fact, and my hospitals and now my nursing to it. Why not deal with the budget it is projected in the next 20 years after homes, my nursing home constituency first, bring the budget out, and agree 2010 we will be consuming 200 percent has been pointing out over the last sev- on what the budget should look like. of our gross domestic product every eral months, we are hurting, too. The Here it is pretty simple. In a $5.6 tril- year. We all know if that were to hap- BBA of 1997 reduced the reimbursement lion projected surplus, Social Security pen, if it were to happen this year, that rates of the nursing homes, as well as is 2.5 of that, Medicare is .4 of that, Congress would have a very difficult the hospitals, below what it cost them that leaves $2.7 trillion. How much of time dealing with that kind of an eco- to stay in business. We have to address that $2.7 trillion surplus can we afford nomic situation. that, and that is going to cost some to spend on a tax cut? That is a simple What the Blue Dogs have suggested money. question. in the past, are suggesting today, and I want to make it very, very clear, A lot of folks are saying, ‘‘There he will be suggesting tomorrow, let us un- the Blue Dog Democrats favor cutting goes, he is talking about spending like derstand a few basics: The $5 trillion, taxes. We are very strongly in favor of it is their money. Taxes are our 600 billion number we have here is a dealing with the marriage tax penalty; money.’’ No, let us not continue to for- projected surplus. We think the con- a perfect day to discuss it, Valentine’s get that the Social Security system servative thing to do is to be conserv- Day. We are for it. We will vote for it. has an unfunded liability of almost $9 ative with those surpluses. We encourage it to be in the final pack- trillion. Part of that money we are As the gentleman from Florida (Mr. age. talking about I think needs to be de- BOYD) observed a moment ago, the ac- We are for dealing with the estate voted back to saving Social Security. tual number of these projected sur- tax, the so-called death tax. We believe That is not in the current discussions pluses that we have to deal with is 2.7, that it is not helpful to have a penalty that we hear. Medicare, the same. because we have already decided in an assessed to a small businessman or For military retirement, we will hear almost 100 percent bipartisan way that woman that spent a lifetime building from the gentleman from Mississippi we are no longer going to spend the So- up their business, and it will be in our (Mr. TAYLOR) in a moment, it is several cial Security and Medicare surpluses in budget. hundred billions of dollars. Let us deal the unified budget. We are setting We would like to see across-the-board with that first. Then let us also agree them aside in a lockbox. tax cuts, if that is possible for us to do. how much additional spending we want

VerDate 14-FEB-2001 03:40 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.065 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H361 to make in the area of defense. How was not anywhere close to a majority ably be the proposal on tax cuts. The much is it going to be required to make on the majority side of the aisle to live Blue Dog Democrats believe there are sure we maintain the strength of up to it. Therefore, it is extremely im- two ways to put more money in the America that has allowed peace to be- portant that when we set the caps, be pockets of the American people. One is come a prevalent word in this world realistic. We have to increase money in to cut taxes, two is to pay down our na- today? How much? the defense of this country, I will say tional debt and realize the lower inter- We are going to build a missile de- that. est rates that will flow for all Ameri- fense system. The cheapest version I As I say that to the gentleman, I am cans if we are fiscally responsible have heard is $50 billion over the next talking about spending the people’s enough to pay down our national debt. 10 years, probably more than that. So money, because Congress does not It is not only the right thing to do we are saying, let us have a tax cut. make money. The only way we get for our children, not to pass that big Let us put at least half of that pro- money to spend is we have to tax peo- debt to them, but it is the right thing jected surplus, though, against the ple to get it. I am prepared to say, we for all Americans, because the com- debt. Let us have an absolute tough de- have to spend a little bit more of our bination of cutting taxes and paying cision on spending. taxpayer dollars on defense. So let us down debt will put more money in Let us revise or bring back what put that in the budget. Let us not be their pockets. worked so well for us over the last sev- unrealistic, as we were in saying we are Economists estimate that if we can eral years, at least prior to 1997. Let us going to increase defense but we are pay down our national debt, the pub- put some caps on discretionary spend- going to cut health care, we are going licly-held portion of it, over the next 6, ing that we agree to, numbers, and to cut agriculture, we are going to cut 8 or 10 years, that we can lower inter- then let the appropriators spend that highways, we are going to cut justice, est rates by 2 percent for all American money, but let us stay within that dis- knowing the votes are not there. families. Now, that is a big deal, if you cretionary level. This is where bipartisanship has to have to borrow money. We can do it. It can be done. We can come forward. We will have a signifi- I come from a poor district, where meet the needs of defense, of veterans, cant number of Democrats and a sig- people have a relatively low average of education, of health care, of agri- nificant number of Republicans that annual income, and a lot of folks I rep- culture. We can do all of these things if can agree on a realistic set of caps. resent have to go to the bank occasion- we truly reach out in a bipartisan way. Mr. BOYD. Reclaiming my time, Mr. ally to borrow money to buy a new car That term is getting overworked, but Speaker, I think the important point is or to borrow money to buy a new home here today, we are on the floor. We that any prudent business person would or to borrow money to send their chil- would love to have a discussion with establish what the spending levels are dren to college. someone on the other side of the aisle first before they begin to implement For a family that has to borrow regarding some of the points that I any part of the budget. I think that is $115,000, for example, to buy a new have made, that the gentleman from what the gentleman is recommending. home, if they pay that out on a 30-year Mr. Speaker, I yield to the gentleman Florida (Mr. BOYD) has made, that our mortgage at a fixed rate, 8 percent in- from Texas (Mr. TURNER), another lead- other colleagues will make here in a terest would cost them a monthly pay- er in the Blue Dogs. He came in the few moments. ment of $844. If we can get interest same year as I did, after the 1996 elec- The basics are, we think we ought to rates down just 2 percent for that fam- tion, and he has been a leader on these have a budget first. Let us have that ily, that monthly payment would be budget issues. debate first, and then let us debate the Mr. TURNER. Mr. Speaker, I thank $155 less. That is $1860 a year that we makeup of the tax cut and how much the gentleman for yielding to me. I ap- could put in the pockets of that family money we are going to spend or save. preciate the opportunity to share this if we could get interest rates down. But even more importantly, let us not hour with my fellow Blue Dog Demo- Paying down the national debt not forget that the first priority today crats, the voice of fiscal conservatism only will prevent us from passing on should be saving Social Security first. in this House. We have worked long that terrifically huge debt to our chil- If we do not do that, if we do not make and hard on fiscal issues: paying down dren for them to figure out how to pay a serious effort to do that this year, it the debt, cutting taxes, balancing the off, but it will put money in the pock- will be postponed for another 4 years, budget. ets of American families today; so that because we will never be able to bring I am glad to be here with the gen- is the choice. it up in the climate that will be tleman from Florida (Mr. BOYD), the Are we going to be for the big tax cut present here. gentleman from Texas (Mr. STENHOLM), that does not allow us to pay down the Mr. BOYD. Mr. Speaker, I thank my my colleague, the gentleman from national debt, does not allow us to pro- friend, the gentleman from Texas, who Utah (Mr. MATHESON), and the gen- tect and preserve Social Security and has been in this Congress a long time tleman from Mississippi (Mr. TAYLOR), Medicare for the future, that does not and is recognized as probably the major to talk about what will be the domi- allow us room to strengthen our na- deficit hawk in Congress. I know that nant issue in this Congress for the next tional defense? That is the choice that he is very pleased that we have come so several months. the American people and this Congress far with the 1997 Balanced Budget Act, I think we all understand that when have. and I know that he is somewhat pained we began this Congress, we all shared a I know we all believe in tax cuts, and by the fact that we may be reversing commitment to try to work together in I want the biggest tax cut that we can that policy with really good spending a bipartisan way. I was pleased to see afford, but this Congress must operate caps in place. President Bush, who I served with the same way that we all know we I say to the gentleman from Texas, when he was Governor of Texas, come must operate in our own households. the 1997 Balanced Budget Act did put with a pledge to try to work in a bipar- When we sit down at the beginning of into place some very good spending tisan way, because for too long the two the month, we balance our checkbook caps. Those have expired I think as of parties in this House and in this Con- and we determine what our income is, this year. I really believe that it may gress have warred with one another in and we divide that income up among be time for Congress to look again at such a way that the American people the bills that we owe. what worked for us in 1997 and has real- have become tired of seeing the bick- If there is something left after we ly helped us tremendously, and hope- ering that exists here, and perhaps we pay our bills, then maybe we can go fully we would take another step on have an open window of opportunity to out for a fancy dinner or maybe we can the spending side to make sure that we work together in a more congenial and even decide to buy a little nicer auto- do not let spending run out of control more bipartisan way in the common in- mobile or maybe we can afford to take again. terest of all the American people. a trip, but at my household, and I know Mr. STENHOLM. If the gentleman at yours, we decide that on a month- would yield again briefly, Mr. Speaker, b 1415 by-month basis. the problem with the 1997 budget caps Mr. Speaker, I think the President’s I do not know anybody who has ever were that they were unrealistic. There first test of bipartisanship will prob- sat down at the kitchen table and said,

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.067 pfrm02 PsN: H14PT1 H362 CONGRESSIONAL RECORD — HOUSE February 14, 2001 talking to their wife, you know, honey, Dogs have said repeatedly take half of sat down and we shared our thoughts I think, that we are going to be able to that and use it to pay down our na- about budget issues, about our desire afford some things on down the line. I tional debt; take 25 percent of it and to pay down the debt. Issues that make think I will probably get a raise every let us cut our taxes and let us set aside sense to me. Common sense solutions. year for the next 10 years. And since I 25 percent to be sure that we save So- The Blue Dogs have a reputation of probably think I may get a raise, that cial Security and Medicare and being up front with people about tell- means we have a surplus, and I think strengthen national defense and pro- ing the truth, about trying to cut we ought to go ahead and spend that vide our kids with the kind of edu- through a lot of the rhetoric that we surplus now. cation that we know they need. have in terms of addressing such im- That is what this Congress is doing That is a fiscally conservative ap- portant issues. That is why I am proud when this Congress decides to cut taxes proach to budgeting, and the Blue Dogs to be here today with my fellow Blue in an amount equal to the surplus that believe foremost of all that we have to Dogs to talk about these issues. I think is estimated to arrive here over the have a budget first. as we look at this issue, it is important next 10 years. You would not do that at The President sent his tax cut down that we have the right perspective. your household, and this Congress here the other day. He has not sent his I have learned in my life as a busi- should not do it either. budget yet, and he has pledged to us nessman and in my personal life that it We really have a very fundamental that his tax cut will fit within his is very easy to get caught up in the issue that I think every American fam- budget. Frankly, I do not think it will, short term day-to-day pressures and ily can understand. When you owe but even if he moves the numbers emotions of the moment, and that money, you pay your debt first. And if enough to make it fit, there is going to dominates your perspective. And, yet, there is anything left, then we can cut be some things that will have to be ne- we all recognize the benefit of taking a our taxes, or we can spend on some- glected that I think most Americans step back and taking the longer view thing like national defense or some- want to protect; foremost among those when we make decisions. thing that this Congress would like to is to protect Social Security and to We make better decisions when we do support. protect Medicare. that; that same applies to Congress. I These budget estimates of surpluses Our seniors and those of us who will think too often we have a short-term are really funny numbers. We tell the soon be seniors deserve the protection perspective here. People look out to Congressional Budget Office to develop of a sound Social Security system, and the next election when they make deci- an estimate of how much money might we need to protect Medicare. Health sions. come into the Treasury over the next care costs are going up. Many of the We should not be driven by the next 10 years under a whole bunch of as- hospitals in my rural district are election. When we are making deci- sumptions that do not make a whole threatened with closing. I want to pro- sions, we should be looking at the next bit of sense. One of the assumptions is tect Medicare because those hospitals generation in how we make decisions that Federal spending go up at the rate depend largely upon Medicare revenues on these important issues of maintain- to keep the doors open. of inflation. ing fiscal responsibility, that is the We believe in fiscal responsibility. Government spending, for the last 5 perspective that I would like to have The Blue Dog Democrats are going to years, even under the Republican Con- brought before this whole House of fight for fiscal responsibility, and I am gress, and all of us who have joined Congress. glad to join my colleagues on the floor with them trying to hold down spend- Let us make it clear there will be tax today to advocate what I think is in ing, government spending still went up cuts this year. I have certainly cam- the best interests of the American peo- at the rate of the gross domestic prod- paigned on the notion of tax cuts in ple. uct. That is a fancy word, but it is a Mr. BOYD. Mr. Speaker, I want to terms of addressing the marriage pen- number that is bigger than inflation. thank the gentleman from Texas (Mr. alty and estate tax issues, and I think If we just continued to spend on de- there is great support within Congress TURNER), my friend, one of the leaders fense at the rate of the gross domestic of the Blue Dogs, for his fine leadership to pursue that type of tax cut. product, $450 billion of this surplus we on these issues. As we move forward in this tax cut are talking about over the next 10 Mr. Speaker, I yield to the gentleman discussion, I would offer a quick list of years would disappear. If we simply from Utah (Mr. MATHESON), one of our five items that should be considered, continue to spend on education at the new Members. common sense considerations, that rate of the increase in the gross domes- Mr. MATHESON. Mr. Speaker, I want ought to be included in any discussion tic product, $400 billion of that surplus to say to the gentleman from Florida of these issues. would disappear. (Mr. BOYD), it is a pleasure to be here The first is that let us be up front What makes us think, after all of the today to talk about the importance of about the nature of these budget pro- efforts that we have made to be fiscally fiscal responsibility. jections. We ought to be skeptical conservative and to hold down spend- Mr. Speaker, I would like to tell the about this. We are talking about a 10- ing for the last 5 years, that we are gentleman that when it comes to this year projection, and what is inter- going to be able to do even better than type of issue, I am true to my Scottish esting is over 70 percent of the pro- that? I hope we are better than that, heritage when it comes to money, espe- jected surplus takes place in the second frankly, but to cut taxes in an amount cially the people’s money. 5 years. that prevents us from being able to I do not like deficits, and I do not Does it really make sense for us meet the legitimate need of this coun- like debt. It means that we live within today to make a commitment assum- try in areas like national defense is our means. I come from the State of ing that is going to happen then? What foolish. Utah. I feel the way a lot of my con- is the rush to make that decision I am convinced that the tax cut that stituents feel. We conduct our lives in today? The responsible thing to do is to the President has proposed is too big. a way where we live within a budget. live within our means, do what we can We simply cannot afford it. So what We try to face the future in a way to try to have our economy grow. And can we afford? I think the Blue Dogs where we pay down our debts when we we hope that surplus occurs. We should have a reasonable plan. We have always have the opportunity to do so, and we all do what we can to make that occur, said, as this whole Congress has repeat- try to plan for the future and invest in but let us be skeptical about the notion edly pledged, we will not touch the sur- the future to make the world a better that this surplus is definitely going to plus that accrues in the Social Secu- place for our children. happen. rity trust fund or the Medicare trust That is the type of attitude I think I am a businessman. I have dealt fund. Those trust funds are going to we ought to have as we approach this with projections before. When we make need every penny that will accrue in budget issue here in Congress, and that projections of the future, the one thing those funds. is why I am so proud to be associated we know, the minute we write it down What do we have left even under the with the Blue Dog coalition. on the paper is it is probably going to optimistic estimate? We have about The Blue Dogs was first introduced be wrong, so we ought to be cautious $2.7 trillion over 10 years. The Blue to me when I was a candidate, and we and we ought to be smart about that.

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.069 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H363 But let me talk about a future pre- part of government spending. Right That is why it makes it the most diction where we can be certain, that is now interest is the third highest ex- wasteful thing that we do as a Nation, the second consideration we ought to penditure of the Federal government is squandering your tax money in in- keep in mind. The second prediction behind Social Security and defense. We terest on the national debt. about the future is that we are going to all like the notion of trying to cut gov- What troubles me in this whole tax have a whole bunch of baby boomers ernment spending. This is an easy one. cut debate is how many of my col- starting to retire in about 10 years, so All we have to do is show some dis- leagues from the Republican party are wherever the economy goes, we know, cipline, pay down our debt and lower ignoring the fact that this Nation is in terms of the demographics of our expenditures on interest. That makes $5.7 trillion in debt. country, we are going do have a lot sense to me. All of us have a tendency to think, more people moving into the retire- I think that it is important to have well, I am 47 years old so I guess my ment phase of their lives, and that is this discussion today as Blue Dogs, but generation has done my share of that going to place far more pressure on So- I think it is important to have this dis- debt because the Nation has been cial Security and Medicare. cussion with our friends across the around for a long time. I wish that was We have the opportunity now, while aisle. If we can take that longer view true; but it is not. You see, almost all times are good, to address that issue. and set aside considerations of just the of the debt has occurred since 1980. And Let us not squander the prosperity we next election, there will be a better op- I think 1980 is a magical year. I hope have today with short-term thinking. portunity to have some bipartisan con- we will keep it in mind during this Let us take that longer view when it sideration and to really affect this in a whole debate. People say the Reagan comes to Social Security and Medicare. positive way. We ought to have a bipar- years were a model for prosperity. A third issue I will mention, a con- tisan agreement to be fiscally respon- They cut taxes and revenues went up sideration we ought to think about as sible. I think we share a lot of values and everything got better. Not quite we look at these tax cuts. Most of us on both sides of the aisles. I am con- true. have put together a budget in our lives. vinced that the Blue Dogs are prepared Actually during the Reagan adminis- Those of us in the business world have to engage in those discussions. tration with a Democratic House and done that a lot. Everybody has prob- Mr. BOYD. Mr. Speaker, I want to Republican Senate, the debt doubled. ably done it for their own household, thank the gentleman from Utah (Mr. All of the debt in the first 200 years of and when we look at a budget, simply MATHESON) for coming. He is obviously our Nation doubled in those 8 years. It stated, you look at money in and you going to be a very productive and set in motion a series of events which look at money out. You have revenues bright Member of this Congress as we continued to get worse and only got and you have expenses, and you match move through these critical times for better this last fiscal year when the them up, and you figure out what this Nation. Nation, for all of the talk of huge sur- makes sense. Next, Mr. Speaker, I want to call on pluses, had a tiny $8 billion surplus Right now we are only looking at the gentleman from Mississippi who after we take into account the trust half of that equation. How can we, as has been a leader on military views, funds. particularly issues which relate to the an institution, make informed deci- One of the things that I fear my Re- welfare of our troops, all of our mili- sions about tax cuts which affect the publican colleagues are doing, and I tary men and women around the world; revenue side without also under- hope I am wrong and I want to give and obviously our national defense is standing how it fits with projected ex- them an opportunity to tell me I am maybe the most important role of this penses? wrong, is misleading the American Federal Government. 1430 public as to the true nature of the debt. b The gentleman from Mississippi (Mr. These are trust funds, and the key I say that if we are going to behave TAYLOR) is going to spend some time word here is trust. People in the mili- in a responsible manner, it is impor- now talking about the budget, and I am tary trust that money is set aside to tant to look at the whole budget before honored to yield to the gentleman from pay for their retirements which adds we make decisions. Mississippi. Fourth, the issue we ought to re- Mr. TAYLOR of Mississippi. Mr. up to $163 billion. They trust that that member is let us recognize the true Speaker, I want to thank the gen- money is set aside and will be there to cost of any tax cut. The projections we tleman from Florida for this oppor- pay for their retirement. have right now about the surplus are tunity. Mr. Speaker, Americans know that a based on nothing happening, on taxes If I were to walk into a town hall portion of their salary is taken out staying the way they are now. If we do meeting and tell the people there that every month in their Social Security have that surplus, the assumptions in I discovered this magic cure to where payment; and they trust that that these projections are that we are going our Nation can quit wasting a billion money is being set aside so that when to pay down our debt. As we pay down dollars a day, I would think that they they retire, it will be there to pay their the debt, we lower government spend- would be excited about it. benefits. Americans who have a job ing on interest on that debt. If we are People always say how about stop- also know that they are paying into going to cut taxes, there is going to be ping wasteful foreign aid, which is the Medicare trust fund. Again, they a corresponding increase in govern- about $13 billion, or why can we not cut are trusting their Nation to take that ment spending because we are not back on food stamps which is about $30 money and set it aside so when they going to be paying down the debt as billion. A $1 billion a day is $365 billion get old, and if they get sick, we are fast and there is more of an interest ex- a year. If I can tell you that I had a going to help them with their medical pense. way to quit wasting $1 billion a day of bills. We are going to pursue tax cuts, but your tax money, I think you would be Those people who work for our Na- as we talk about it, let us be honest. excited about it. tion have a trust fund as well. It is Let us talk about the full cost of any It is that easy. We just pay off the called the Federal Employees Retire- tax cut that we pass in Congress. There national debt. Each day this Nation ment System. Again, money is taken is a cost in terms of increased interest squanders $1 billion in interest on the out, it is supposed to be set aside so it because the debt will not be paid down national debt. We did it yesterday, we is there to pay their benefits when they as fast. did it the day before that, and we will retire. A fifth point that is a consideration, do it tomorrow; and by the way, we are The net value of all of these trust as we look at tax cuts is the notion going to do it every day for the rest of funds is $2.348 trillion. But let me tell that paying down the debt creates so your life until we pay off the national you the bad part. There is not a penny many benefits, so many benefits in the debt. of it anywhere in any bank anywhere short term, so many benefits in the With that money do we educate a in the world. All there is for the $2.348 long term. We bring down interest child, build a road, contribute to na- trillion are a bunch of IOUs. So when rates. That is good. We give ourselves tional security, fulfill our promise of my Republican colleagues and our new greater flexibility if we remove that as lifetime health care to our retirees, no. President talk about all of this money

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.071 pfrm02 PsN: H14PT1 H364 CONGRESSIONAL RECORD — HOUSE February 14, 2001 laying around in Washington, I chal- Mr. Speaker, I think it is time we as of these surpluses down on paying the lenge them to show me where that a Nation were honest with the Amer- debt is a realistic approach to this $2.348 trillion is. It is not there. ican public and paid them back the So- budgetary process that does not lock And so would you not think that cial Security that we owe to them; paid us in and jeopardize our future in since honesty is going to be the order them back the Medicare that we owe to terms of going back to the old days of of the day under this administration, them; paid the military retirees the deficit spending. the most honest thing that we could do money that we owe to them; and paid Mr. Speaker, I want to make a point is pay back the money that we owe the Federal employees the money that that there is a huge room for error in them. The military retirees who de- we owe to them. these projected surpluses, that we need fended our Nation in places like Viet- Mr. Speaker, after we fulfill those to be cautious. The most important nam, Korea, Kosovo, Desert Shield, commitments, then we start looking thing that we can do is pay down the Desert Storm, do you not think that for new ways to give some American debt in a way that is fiscally respon- we ought to honor their commitment tax breaks. sible and do tax cuts in a way that is by paying them back the $163 billion Mr. BOYD. Mr. Speaker, I thank the fiscally responsible. that we owe them? gentleman from Mississippi. You can Mr. BOYD. I yield to the gentleman How about the folks that have paid see that he does his home work. He un- from Washington (Mr. INSLEE). into Medicare with the assumption derstands these issues very well, and he Mr. INSLEE. Mr. Speaker, I am not a that that money is going to be there has certainly been a leader on the mili- member of the Blue Dogs Coalition, but when they get old. Do you not think tary and budget side as it relates to the I would like to be an honorary one that we ought to pay that money back? Federal debt. today because I think this organization And it is to date $228 billion that we At this time I would like to call on truly is the voice of fiscal responsi- owe. It is gone. All we have is an IOU. my friend the gentleman from Indiana bility in this institution, and I am so How about Social Security. Between (Mr. HILL) who is a wonderful new happy that my colleagues are here old age survivor’s insurance and the member of the Blue Dogs, actually today with this message. disability under Social Security which moved out of the blue puppy category I have three points. Point one has to you paid into, we owe you $1.66 trillion. into a sophomore. do with a story from this weekend. I How can there be a surplus when we Mr. HILL. Mr. Speaker, I thank the was talking to a colleague who went to owe you that much money. Their buzz gentleman from Florida and my good a meeting this past weekend, and he word is it is your money. They are colleagues on the Blue Dogs Coalition. started to talk about the surplus. An right, and I think we ought to pay it Mr. Speaker, 2 years ago when I older gentleman came up and poked his back. I think that is a higher priority joined the Blue Dogs, I didn’t know ex- fingers in my colleague’s chest and than giving some Americans a tax actly what to expect, but I have discov- said, what do you mean by the surplus, break. The groups that I talk about ered in the last 2 years that this is an you man, and my colleague started to explain it. He said, no, no, no, hold it constitute every American, and the organization of conservative Demo- right there. most honest thing that we can do is crats that are very honest about what pay you back. they say. b 1445 So let me tell you what has happened Mr. Speaker, everything that we As long as we have got a big debt, we in the first 11 days of the Bush admin- have heard here today is exactly as it have not got a big surplus. And this istration that troubles me. This publi- is. One of the great things about being was not Alan Greenspan talking, but cation used to come out at the end of a Blue Dogs member, and there are 33 this was a fellow who I think was in the month for decades. It was called of us, is that one can rely on the infor- touch with the heartland of this coun- the Monthly Statement of the Public mation that one receives. What the try, who understands that with a $5 Debt. It was available on the World American people have been receiving in trillion debt we ought to take care of Wide Web for every American to see on terms of the speeches that have been the deficit first. That gentleman under- a monthly basis, whether the politi- made here this afternoon is the truth. stands that 14 percent of all of his cians were paying down the debt or If the truth is known to the American taxes, $14 of every $100 of income taxes making it bigger. Within 11 days of the people, I think that they will agree he paid last year were wasted, down Bush administration taking over, what what we are talking about in terms of the black hole. They did not get a forever was called the Monthly State- paying down the debt is an important teacher, they did not get a soldier or a ment of the Public Debt of the United component of this budgetary process sailor, but went to pay interest on the States was changed to the Monthly and something that we ought to be Federal debt. That gentleman under- Statement of Treasury Securities of doing. stood we have to pay a commitment to the United States. Now, I cannot do as well as the other the public debt. Now, I have just got a hunch if I were speakers have done so I will not repeat Second point. All of the numbers, to walk into a restaurant or coffee what they have said, but I do want to which are essentially a fiscal halluci- shop anywhere in America and went up bring up one point and that is when nation about this alleged surplus, talk to an unsuspecting couple and said CBO has made all of these huge projec- about this 10-year window of oppor- would you like some of the public debt, tions of what the surpluses are going to tunity. But it is real interesting, be- they would probably tell me, no. That be over the next 10 years, they will also cause guess what happens the day after is your problem. But if I went to that tell us in their report that there is a 50 that 10-year opportunity? We baby same couple and said how would you percent chance that they are going to boomers start to retire. The baby boom like some Treasury Securities, they be a hundred billion dollars wrong in generation, which is going to drive us would probably take me up on that the first 5 years. Most people do not re- into a fiscal ditch, starts to retire in deal. alize that. Members of Congress I am year 11, year 12 and year 13. And we Do you remember the book 1984 sure do not realize that. If you do not know what will happen then: we will go where when there was a word they did take my word for it, go to the Web site. right back down into deficit spending if not like, they came up with a new word It is www.cbo.gov. we do not eliminate this debt first. to disguise the nature of it and they Mr. Speaker, the other projection It is time for the baby boom genera- called it ‘‘news speak.’’ Folks, this is they talk about is in the following 5 to tion, which I am a member of, to grow news speak. This is an attempt by the 10 years there is a 50 percent chance up. It is time for our generation to be Bush administration to mislead the that they will be off at least $250 bil- fiscally responsible. And I appreciate American people as to the true nature lion. So we are talking about at least, the Blue Dogs and their request of the of the public debt; and it is wrong. I at a very minimum, of a $350 billion po- new administration. I hope they are se- have written the President. I do not tential swing in these projected budget rious about bipartisanship. This will be think that he personally did it. I think surpluses. That is why the Blue Dogs the real test to see whether they en- somebody in his administration did it, have never come up with numbers, gage us, the Blue Dogs, and everybody but I want him to be aware of it. I they have always come up with per- else in a discussion of what this tax cut think it ought to be changed. centages. The idea of paying 50 percent ought to be.

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.073 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H365 Mr. BOYD. Mr. Speaker, I want to I am reading directly from the sum- and Medicare trust fund surpluses for thank the gentleman from Washington mary of the CBO report which came Social Security and Medicare to use for joining with us here on the floor, out last month. those dollars not only to run our cur- and we certainly do want to make him Mr. Speaker, I want to thank the in- rent program of Social Security and an honorary Blue Dog. dulgence of the House and for the Medicare, but to set them aside as we Mr. Speaker, I would like to yield Speaker’s courtesy today, as well as modernize those programs to assure now to the gentleman from Texas (Mr. my colleagues who came and assisted that Social Security and Medicare are STENHOLM) to summarize. today. there for future generations. Mr. STENHOLM. I thank the gen- f When it comes to welfare reform, I tleman for yielding, and I want to help TAX FAIRNESS am proud to say that we reformed wel- clarify some other rhetoric that we fare. I remember when I was first elect- will be hearing from this floor regard- The SPEAKER pro tempore (Mr. ed we had more children living in pov- ing spending. KERNS). Under the Speaker’s an- erty than ever before in our Nation’s I have served in the House of Rep- nounced policy of January 3, 2001, the history and the highest rates of teen- resentatives since 1979. When we look gentleman from Illinois (Mr. WELLER) age illegitimacy. Clearly, our Nation’s at discretionary spending by the Con- is recognized for 30 minutes as the des- welfare system was failing. We passed gress, it has declined by 36 percent ignee of the majority leader. welfare reform. Took us three times be- from 1978 until the year 2000 as a per- Mr. WELLER. Mr. Speaker, I appre- fore we were able to convince the cent of our gross domestic product. En- ciate the opportunity to address the President to sign it into law, but he fi- titlement spending has gone up 3 per- House today, and I wanted to take a cent during that same period. Revenues nally signed it into law in 1996. And few minutes to talk about not only the since then we have seen our Nation’s have gone up 14 percent since that pe- accomplishments of this Congress, but riod. Interest rates have gone up 43 per- welfare rolls drop. In fact, in States also to talk about a major issue of fair- like Illinois they have been cut in half, cent. ness, a fundamental issue of fairness in That is why we are emphasizing pay- with almost 6 million former welfare the Tax Code. recipients now on the tax rolls as ing down the debt. Monies spent on in- I represent the south side of Chicago. terest are the least productive number working taxpayers. Clearly funda- I represent the south suburbs and Cook mental changes. of dollars that we can spend in this and Will, Grundy and Kankakee and La Think about it. We have balanced the Congress. Money spent on defense, on Salle Counties. This is a very, very di- budget, we have stopped the raid on So- veterans, on military retirees, on verse district of city and suburbs and cial Security, we have stopped the raid health care, on education, on agri- country. The message that I have on Medicare, we have paid on the na- culture are the most productive dollars heard time and time again since I was tional debt $600 billion, and we are on that we can spend. So long as they are a candidate for Congress in 1994 the track to eliminate our Nation’s debt by spent prudently and with policies that first time, was that folks back home the year 2009, and we also reformed and we can agree to in a bipartisan way, want us to look for solutions to the made fundamental changes to our Na- they are the most efficient and the best challenges that we face. tion’s welfare system. way to deal with our Nation’s prob- I remember when I was first elected lems. in 1994, we wanted to do some pretty One of our other priorities, of course, Mr. BOYD. Mr. Speaker, I want to radical things. We wanted to balance has been the issue of bringing fairness thank the gentleman from Texas and, the budget, we wanted to reform the to the Tax Code. Now, I was proud that in summary, I want to read from the welfare system, we wanted to pay off as a key part of the Contract With CBO’s report that just came out, the the national debt, we wanted to stop America we enacted the child tax cred- summary. It will just take a few sec- the raid on Social Security and Medi- it. In States like Illinois, that meant onds here. an extra $3 billion in tax relief that The summary starts out this way, care. We were called radical for having those kind of ideas and that kind of stayed in the pocketbooks of Illinois Mr. Speaker, and I quote: ‘‘In the ab- taxpayers rather than going to Wash- sence of significant legislative changes agenda. I am proud to say in the 6 past years ington to be spent by Washington from and assuming that the economy follows that $500-per-child tax credit alone. the path described in this report, the that this Republican Congress has ac- complished those very goals. Not only But there are other issues in the Tax CBO projects that the total surplus Code that we need to address that are will reach $281 billion in 2001. Such sur- have we balanced the budget 4 years in a row, but we have paid down almost important to families. I thought Valen- pluses are projected to rise in the fu- tine’s Day was an appropriate day to ture approaching $889 billion in 2011 $600 billion of the national debt. And according to the nonpartisan Congres- raise this issue. It is an issue of funda- and accumulating to a $5.6 trillion fig- mental fairness. Is it right, is it fair ure.’’ We know over half of that is So- sional Budget Office, we are projected that under our Tax Code 25 million cial Security. Here is an interesting to see a surplus of extra tax revenue, a married working couples, husband and sentence, Mr. Speaker: ‘‘That total is tax surplus of almost $5.6 trillion over wife both in the workforce, pay on av- about $1 trillion higher than the cumu- the next 10 years. erage $1,400 more in higher taxes just lative surplus projected for the 10-year Think about that. Our Federal budg- because they are married? It just does period in CBO’s 2000 report, July 2000.’’ et this year is $1.9 trillion, but over the In 6 months, Mr. Speaker, the pro- next 10 years we are expected to collect not seem right, it does not seem fair jected surplus changed by CBO’s own $5.6 trillion in more tax revenue than that if a man and a woman who are estimates over $1 trillion. And I want we are projected to spend. A huge sur- both in the workforce decide to get to read one more sentence that goes on plus. married that they have to pay higher later in the summary report, Mr. I am also proud to say that we did taxes if they make that choice. Speaker, and this really should give something that our grandparents, The only way today to avoid the pause to many of our American citi- many seniors and those who aspire to marriage tax penalty, if you are still zens: be seniors have complained about over single, is to not get married. And if you ‘‘Over the long-term, however, budg- the years, and that is we stopped the are married, the only form you can file etary pressures linked to the aging and raid on Social Security. Three years to avoid the marriage tax penalty is to retirement of the baby boom genera- ago, this Republican Congress took the file for divorce. Well, that is wrong tion threaten to produce record deficits initiative and passed legislation which that under our Tax Code married work- and unsustainable levels of Federal locked away 100 percent of Social Secu- ing couples pay higher taxes than iden- debt.’’ Mr. Speaker, I want to say that rity for Social Security. This past year tical couples who live together outside again. ‘‘Budgetary pressures linked to we did the same for Medicare. And yes- of marriage. That is just wrong. the aging and retirement of the baby terday we did it again for the coming I am proud to say that this Repub- boom generation threaten to produce budget year. We passed the Social Se- lican Congress has made elimination of record deficits and unsustainable levels curity and Medicare lockbox, setting the marriage tax penalty a priority, of Federal debt.’’ aside 100 percent of the Social Security and it is only appropriate that on this

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.075 pfrm02 PsN: H14PT1 H366 CONGRESSIONAL RECORD — HOUSE February 14, 2001 day, on Valentine’s Day, that we de- has over 230 bipartisan cosponsors. from our current five rates to four liver a valentine to the 25 million mar- Now, I would point out that we need 218 rates. And of course, in addition to ried working couples who suffer the votes to pass a bill; a majority of the that rate reduction, which he feels is marriage tax penalty and let them House is 218. So a bipartisan majority very important, and I agree with him, know that we want to eliminate the of the House is cosponsoring our legis- to stimulate this economy, he also at- marriage tax penalty. It is wrong that lation to eliminate the marriage tax taches to it a proposal which will help married couples should have to pay penalty. reduce the marriage tax penalty, a sec- higher taxes. b 1500 ond-earner deduction. I am proud to say that our current Now, that is an important step for- President, President Bush, agrees that For couples like Shad and Michelle ward. But I would note that the Presi- elimination of the marriage tax pen- Hallihan, we would help them by elimi- dent’s plan provides only about $700 in alty needs to be addressed. Unfortu- nating that marriage tax penalty with marriage tax relief; and, of course, the nately, the previous President vetoed the Marriage Tax Elimination Act. marriage tax penalty on average is our effort to eliminate the marriage We note that our proposal does a $1,400. So his proposal only does about tax penalty, because last year we sent number of things. Number one is, in one-half of what we need to do if we the Marriage Tax Elimination Act to the Marriage Tax Elimination Act, we really want to eliminate the marriage President Clinton. He vetoed the bill. essentially wipe out the overwhelming tax penalty. And of course that means 25 million majority of the marriage tax penalty So our hope is that, over the next few couples still suffer that penalty. by, number one, broadening the brack- weeks, next few months, as we work to During the campaign last fall, then- ets. There are five tax brackets, and we move the President’s tax proposal candidate Bush said had he received broaden each of them so that married through the Congress, particularly as the bill, had he been President, he couples, joint filers, can earn twice as we work to stimulate and revitalize would have signed it into law. So we much as a single filer in that same tax our economy, that we can address the have an opportunity with our new bracket and stay within each bracket need to eliminate the marriage tax President to work towards our goal of paying the same rate. penalty, as well. eliminating the marriage tax penalty. That helps those that itemize their I and several members of the Com- Let me explain how the marriage tax tax, couples like Shad and Michelle mittee on Ways and Means have met penalty works. The marriage tax pen- Hallihan, that happen to be home- with the President. We have also met alty occurs when a man and a woman, owners. with the Treasury Secretary, Secretary husband and wife, both are in the Second, we double the standard de- O’Neill, and other representatives in workforce. When they marry, they file duction for joint filers twice that for the administration to talk about the their taxes jointly, which means they singles. That will help married couples need to do more to eliminate the mar- combine their incomes, and that usu- who do not itemize their taxes, usually riage tax penalty. ally pushes them into a higher tax middle class families, if you own a We believe that really the way we bracket. home, you itemize your taxes, but if can do more is when we adopt the Let me give an example of a married you do not itemize your taxes, you use President’s rate reduction plan, which couple from the district I represent in a standard deduction. So we help them, simplifies the Tax Code and lowers the south suburbs of Chicago. This is those who could not itemize by dou- taxes for all Americans, that we also Shad and Michelle Hallihan, two public bling the standard deduction. adjust the brackets in the President’s school teachers from Joliet, Illinois. We recognize the alternative min- plan so that we eliminate the marriage They actually live in a little town imum tax has a consequence when you tax penalty. And that can be phased in. called Manhattan, but they are public adjust the rate brackets and we make a In the same way that the President school teachers in the Joliet area. fix in our legislation that ensures that, proposes with his rate reduction, we They have a combined income of about even though we are adjusting for the can make the adjustments for the mar- $65,000. They now have a little boy marriage tax penalty, families like riage tax penalty, and we believe it named Ben. When they file their taxes, Shad and Michelle can continue to should be done at the same time. It with their combined income, and after qualify for the child tax credit. only makes sense when you adjust the they do the personal exemptions and And last, for low-income working rates to deal with marriage penalty at all the other provisions they have, they families who qualify for that earned in- the same time. pay an average marriage tax penalty of come tax credit, we adjust the mar- So, my colleagues, I want to share almost $1,400. riage tax penalty there, as well. with you that we feel this should be a And as Shad and Michelle have point- In fact, by adjusting the income bipartisan priority. And I am proud to ed out to me, for Shad and Michelle threshold for married couples by $2,000, say that 230 Members of this House are Hallihan and for the average married we provide for the average family of now cosponsors of the Marriage Tax working couple, $1,400 is real money to four eligible for the earned income Elimination Act. the folks back home in Illinois. Here in credit about an extra $400 a year in I particularly want to thank my good Washington, $1,400 out of a $1.9 trillion extra income that they can use by friend, the gentleman from Michigan budget, it is a drop in the bucket. But eliminating the marriage tax penalty (Mr. BARCIA), who is the lead Demo- for real people and real communities in in the earned income credit, as well. cratic cosponsor of the Marriage Tax places like Illinois, $1,400 is a year’s The bottom line is we wanted to Elimination Act. He and the gentle- tuition at Joliet Junior College, it is 3 eliminate the marriage tax penalty. We woman from West Virginia (Ms. months of day care for the Hallihan feel it is fundamentally wrong that you CAPITO) and the gentleman from Indi- family for their little child while they should pay higher taxes just because ana (Mr. KERNS) have taken the lead in are teaching at school, it is 4,000 dia- you are married. working together with us to eliminate pers for their infant. It is real money Now, President Bush has stepped for- the marriage tax penalty. We want it for real people. ward because he recognizes, and we are to be a bipartisan effort. And people like Shad and Michelle very thankful that we have a President There is no reason that Republicans Hallihan and 25 million other married who agrees, we need to address the and Democrats cannot work together working couples suffer the marriage marriage tax penalty. And President with the Bush Administration to elimi- tax penalty, and unfortunately they Bush has a very balanced approach to nate the most unfair consequence of continue to suffer the marriage tax cutting taxes. He says, out of a $5.6 our complicated Tax Code, and that is penalty because our previous President trillion surplus that we should take the marriage tax penalty. vetoed our legislation to eliminate the about a fourth of that, $1.6 trillion, and My colleagues, we need fast action on marriage tax penalty. use that to lower taxes, stimulate the the President’s tax cut. And here is I am proud to say today that we an- economy, and bring fairness to the Tax why I believe it is important that we nounced our plans to reintroduce the Code. need fast action. Marriage Tax Elimination Act for this The centerpiece of his tax cut, of I have watched the nightly news, just Congress, legislation that as of today course, is changing the rates and going like my neighbors have, over the last

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.077 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H367 several weeks in the Chicago area. We day, to ensure that the children of the the tax burden on American families, have seen tens of thousands of our Joliet-Will County area have a bright then we must start with a well-man- neighbors losing their jobs because of future. aged Federal Government. the weak economy that President Bush We also want families like Shad and As most Members of Congress know, inherited from his predecessor. Michelle Hallihan to have a bright fu- each year we receive reports from the Unfortunately, companies like Mont- ture as well by ensuring that Shad and comptroller general of the United gomery Ward are going out of business. Michelle Hallihan get to keep what is States, those excellent reports that bil- LTV Steel has declared bankruptcy. theirs. It is wrong that when they lions of tax dollars are lost to waste, Lucent and Motorola and Outboard Ma- chose to get married that they had to fraud, and abuse. rine and other companies in the Chi- pay higher taxes. That is just wrong. A January 2001 report by the General cago area are announcing massive lay- We believe, by adoption of the Mar- Accounting Office, which works for the offs. And those individuals are telling riage Tax Elimination Act, we can comptroller general, stated the fol- me they are having a hard time finding eliminate the marriage tax penalty, lowing: ‘‘We have identified inordinate a new job. and we want to work with President program management risks in major Well, if we want to stimulate the Bush and Democrats and Republicans, program and mission areas. These economy, Congress needs to set politics both in the House and the Senate to range from large benefit payment pro- aside and move quickly, move quickly. get the job done this time. grams that sustain substantial losses We need fast action to cut taxes, to put I was so proud last year when we to the earned income tax credit that more money in people’s pockets, to passed the Marriage Tax Elimination experiences a high rate of noncompli- help families pay their high home heat- Act out of this House and the Senate. ance.’’ ing bills, to help families pay off their It broke the hearts of 25 million mar- In addition to these two programs, credit card bills, to put confidence ried working couples when President the General Accounting Office stated back in the minds of the decision-mak- Clinton vetoed the bill. But it is a new that poor management policies place ers in business as well as consumers day. It is a new time of opportunity. vital programs such as Medicare, sup- about their future of our economy. We now have a chance to do the right plemental security income, student fi- I believe, as we move quickly, not thing, and that is, to eliminate the nancial aid, and the Department of only should we lower taxes for all, but marriage tax penalty. Housing and Urban Development’s sin- we need to address the need to elimi- It is important to say that, here on gle family mortgage insurance and nate the marriage tax penalty. Valentine’s Day, what better valentine rental housing assistance at the high I am proud of the way that the Presi- can we give 25 million married working risk of waste, fraud, and misuse of the dent has balanced his tax plan. Because couples than to eliminate the marriage taxpayers’ money. The new GAO report lists 21 pro- if you look at the President’s tax plan, tax penalty? grams that remain at high risk of you will note that under his proposal Let us work together. We have 230 co- waste, fraud, abuse and mismanage- that the biggest beneficiaries are mod- sponsors today. Hopefully, we will have ment, in addition to the emerging gov- erate and middle class taxpayers, be- more tomorrow. ernment-wide problem of managing its cause they see the greatest proportion f strategic human capital. of their income returned in tax relief, NEED FOR GOOD MANAGEMENT IN Among the most significant prob- meaning that moderate, middle in- lems, the report cited the Department come, taxpaying families will have the EXECUTIVE BRANCH IS LONG OVERDUE of Defense’s poor financial manage- biggest portion of their income back ment. Despite the GAO’s recognition of The SPEAKER pro tempore (Mr. essentially as a pay raise, an extra few this serious accounting problem, which KERNS). Under the Speaker’s an- weeks’ pay, an extra end-of-the-year dates back to 1995, little has changed. bonus that they can use to meet their nounced policy of January 3, 2001, the In May of last year, the Sub- needs. gentleman from California (Mr. HORN) committee on Government Manage- I am proud to say he is doing that. is recognized for 30 minutes. ment, Information, and Technology, And for a family making $50,000 a year, Mr. HORN. Mr. Speaker, with a new which I chaired, found that the Depart- President Bush’s proposal would pro- administration, it is time that we face ment of Defense still cannot produce vide an extra $2,000 in higher take- up to the lack of management in the auditable financial statements. We home pay. That is an extra three executive branch. started on that on a bipartisan basis weeks’ pay under the President’s plan. Mr. Speaker, today I am introducing back in 1993 and most of us said they Now, if they are making $40,000 a legislation to create an Office of Man- will never make it. We were right. year, it is about $1,600 more in higher agement within the executive office of In fact, the Department’s Inspector take-home pay because of lower taxes. the President, H.R. 616. General reported that, in 1999, the De- So that is pretty meaningful if you The language of the bill is below and partment of Defense had to make book- think about it. And at the end of the will be part of the RECORD. keeping adjustments that totaled $7.6 day, when his plan is done, higher in- The proposal that complements and trillion, not million, not billion, we are come Americans will pay a higher pro- extends the efforts of recent congresses talking about trillions, $7.6 trillion in portion of the income tax burden. to focus on one of the greatest chal- order to reconcile its books with the So if you are concerned about who lenges facing the Federal Government United States Treasury and other gets what and who pays more, low, is seen best this way: finding an effec- sources of financial records. moderate, middle income families will tive way to manage the complex collec- The GAO’s examination of the comp- see a greater proportion of their in- tion of Government cabinet depart- troller general of those adjustments come back in tax relief and, at the end ments, independent agencies, and laws found that at least $2.3 trillion of the of the day, wealthier Americans will and regulations that exist to serve the adjustments were not supported by pay a higher proportion of the overall public and provide for our national se- documentation, reliable information, tax burden. So if that is important for curity. or audit trails. you, it is something to think about. Some might argue that this proposal The Department of Defense is not the But for a family making $50,000 a is unnecessary or unimportant. Those only agency with such problems. It is year, a married couple with two kids, arguments are profoundly misguided. just the biggest. The subcommittee’s they will see an extra $1,600 to $2,000 in The challenge of effectively managing examination of the 1999 financial audit higher take-home pay under the Presi- our Government is, in fact, one of the of the Health Care Financing Adminis- dent’s plan. At the same time we re- most vital issues before us. tration found that the Agency had er- duce rates for all Americans, we be- If we hope to solve the long-term roneously paid out an estimated $13.5 lieve that we should eliminate the problems that threaten Social Security billion in its Medicare fee-for-service marriage tax penalty, as well. and Medicare, and if we hope to program. That is roughly 8 percent of We want to help couples like Shad strengthen our social safety net for the program’s $170 billion budget. and Michelle Hallihan, two public children and other vulnerable members As the General Accounting Office tes- school teachers who work hard every of our society and if we want to reduce tified at a subcommittee hearing on

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.079 pfrm02 PsN: H14PT1 H368 CONGRESSIONAL RECORD — HOUSE February 14, 2001 this subject last year, accounting pro- ment experts whom I respect, inside first-rate programmer tell them all cedures were so inadequate that no one and outside the government, have said about it back in 1987, and they just could even estimate how much of this that the ‘‘M’’ in OMB, the Office of laughed. They said, ‘‘Oh, that isn’t pos- money was lost to fraud. Management and Budget, does not sible.’’ You would think that would go These are just two examples of the stand for management. It stands for up the line to the Secretary of Trans- enormous cost of the Government’s mirage. portation at the time, but the fact was, poor management, outmoded business The unpleasant reality is that tying it did not. practices, and insufficient financial management to the power of the budg- And the Federal Aviation Adminis- controls. et process was an excellent theory but tration, therefore, did not really have one that never worked. The pressures to face up to the problem, and so they 1515 b and dynamics of the annual budget had to play catch-up in order to over- At another subcommittee hearing on process have simply overwhelmed near- come what could have been done begin- the governmentwide consolidated fi- ly every initiative aimed at improving ning in the 1980s. The President pro- nancial statements last year, the management. In effect, the fledgling crastinated until February 1998 even Comptroller General of the United management trees could not survive though the gentlewoman from New States, David Walker, testified that se- among the tangled and gnarled limbs of York (Mrs. MALONEY), the ranking rious financial management weak- the bureaucratic budgetary forest. Democrat on my committee, and I had nesses also exist at the Internal Rev- Since serving as chairman of the sent him a letter urging him to appoint enue Service, the Forest Service, and Subcommittee on Government Man- someone. the Federal Aviation Administration. agement, Information and Technology Well, he did, 2 years after the letter. We have excellent people there as di- for the last 6 years, it has become very But that also lost us time. The Presi- rectors, and they are turning a lot of clear to me that we can no longer con- dent appointed John Koskinen as an this around. tinue on our present course of mud- assistant to the President and he did Commissioner Rossotti at the Inter- dling along, then papering over our pull it together, but it was running nal Revenue Service is an outstanding fundamental management deficiencies right to the last wire to be passed and executive. He came from the private with more tax dollars. This course has the last hurdle. Mr. Koskinen served sector, and he has applied some of left us vulnerable to monetary waste the President as deputy director of those theories to one of the largest bu- and threatens to disrupt vital govern- OMB for management. You would reaucracies in the United States. ment programs that serve millions of think something would have happened The same with the forester of the Americans. there. He was there from 1993 until he Forest Service; the same with the Fed- This very real problem seized my at- retired. He is a very good man, but in eral Aviation Administration. They are tention in April of 1996, some of my the OMB nest, it was not the way to working very hard to move those agen- colleagues will remember, on the 2000 run the program. And he knew that. cies ahead. These weaknesses, said the date change. Unless corrected, the year And when you are an assistant to the 2000 problem, called Y2K, threatened to Comptroller General, place billions of President, you can get things done. disrupt government computers when taxpayer dollars at high risk of being The Cabinet officers start listening to their internal clocks moved from De- lost to waste, fraud, and misuse. There you. Yet Mr. Koskinen’s able leader- cember 31, 1999 to January 1, 2000. The is only one way to find these abuses, ship at OMB frankly did not do any- bulky computers of the sixties and sev- and that is to ferret out each wasted thing to solve the problem until he enties had little memory and to save dollar, agency by agency, program by took retirement, the President called that memory they said, Let us just call program, line by line. him back in, and then he went to work it 67, not 1967. At that time no one To accomplish this goal, we must and focused on it. thought these systems would still be make management a clear and un- The year 2000 crisis provides powerful operating by the turn of the century. equivocal priority across the entire evidence of the need for an Office of As time went on, the concern grew Federal Government. The General Ac- that these computers would misinter- Management. The executive branch of counting Office report came to the pret the year 2000 as the year 1900; and our government must have one office same conclusion, stating that ‘‘effec- there were some rather humorous but that is focused solely on finding, deci- tively addressing the underlying causes serious matters. In one case, a 104- phering and solving this type of prob- of program management weaknesses year-old woman received a school dis- lem before it occurs, not afterwards. offers tremendous opportunities to re- trict notice telling her to register for We need one group of management-ori- duce government costs and improve kindergarten and little things like ented professionals who are available services.’’ Congress must create a corps that. But it was a serious problem. to monitor and help find solutions to of management experts who not only It was grappled with not by OMB, it management problems before they be- have the ability and skill to address was grappled with when the President come costly burdens to the taxpayers. wasteful administration and program of the United States picked a person Looking back, Franklin Roosevelt failures but who also have the power that had retired from OMB, brought had a small group of professionals who and mandate to force action and that person in as assistant to the Presi- were capable of sorting out problems produce results. dent. He did a very good job, and we and their long-range implications. The Office of Management and Budg- can thank him for getting to it. But it They had the ear of the President in et in the Executive Office of the Presi- took him a long time, 4 years, to get that era of the budget. President Harry dent was created by President Nixon in into this. They should have done it ear- Truman had such a group, as did Presi- 1970 for the various purposes I have lier. We would have saved billions of dent Dwight D. Eisenhower. It went outlined. At that time, I supported the dollars if they had. But they did not. downhill on management after Presi- creation of that office and adding the They did not take it seriously. dent Eisenhower left office, and more ‘‘M’’ there and presumably then having When I did a survey of the Cabinet and more it was politicized. Instead of a management component with the back in 1996, there were two that had professional civil servants that knew overworked budget side. never heard of it, did not know a thing what they were doing, neither Demo- I thought at the time there is a real about it. We had some that did know crats nor Republicans knew what they possibility to use the budget process to something about it. But the one agency were doing, and that is not good get the attention of Cabinet officers that was on top of all this was the So- enough. What we need are professionals and strengthen their interest in man- cial Security Administration. They that work for the President, and that is agement practices. I was absolutely have long been a very well-run organi- the way that agency used to work. Had wrong. Every one of my colleagues in zation. In the sixties when I was on the the year 2000 problem been taken seri- the government and the senior service, Senate staff, we saw that every day. It ously a decade ago, its solution might senior civil service, all of them saw is the type of thing that we should easily have been integrated into the nothing happening. And when I got commend and we did. routine maintenance and moderniza- back here 6 years ago, that is exactly The other thing was the Federal tion of Federal computer systems. Un- what had happened. For years, manage- Highway Administration. They had a fortunately, that did not happen; and

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.080 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H369 we lost probably a few billion. But they strategy to train new workers and re- We do not need to create a new bu- do not seem to care about that down tain veteran employees. An Office of reaucracy or require a major reorga- there. Management would produce enormous nization of the executive office of the In recent years, five major Federal dividends in these areas simply by President. We do, however, need to cre- agencies have launched computer mod- early identification of problems such ate a separate office of management, ernization efforts that sunk from lofty as these and pointing the way toward whose director has clear and direct ac- goals to abject failures. These efforts the most effective solutions. cess to the President or the President’s by the Internal Revenue Service, the Mr. Speaker, there are other vital Chief of Staff, similar to the Presi- Federal Aviation Administration, the areas that need the same kind of scru- dent’s relationship with the separate Department of Defense, the National tiny and guidance that I believe would Director of Budget, who sits in his cab- Weather Service, the Medicare pro- flow from an Office of Management. inet. gram can be summed up as an ongoing Beginning with the Debt Collection Im- If we are to create government-wide series of repetitive disasters that at provement Act which became law in accountability, then an office of man- 1996, Congress has attempted to provide the highest possible cost failed to agement is essential. It is long-overdue Federal departments and agencies with produce useful computer systems need- reform that taxpayers deserve and good the tools they need to collect the bil- ed to serve the public. The Internal government demands. An office of lions of dollars in debts that these Revenue Service finally realized that management could work with depart- agencies are owed. Yet so far their col- its project had failed at the $4 billion ments and agencies in measuring the lection efforts have been sluggish and mark. The FAA, Federal Aviation Ad- value of program effectiveness. ministration, had a similar disaster ineffective. Good financial manage- Mr. Speaker, the Subcommittee on that cost more than $3 billion before ment practices and systems should be Government Efficiency, Financial they canceled it and realized they were in place throughout the Federal Gov- Management and Intergovernmental not going in the right direction. Both ernment. However, recent sub- Relations, which is the subcommittee I were costly examples of abysmal man- committee hearings have again shown now chair, will have a large agenda agement. Another word for it is stu- that too many agencies have neither. this year. We will follow up on all of pidity. We will have quite a number of hear- The American taxpayer deserves a ings this year taking the Comptroller the reports of the General Accounting lot more from the executive branch General’s little reports on each of these Office and the Comptroller General of than it has received. The new Bush ad- agencies. We would obviously like the the United States. ministration can solve a lot of those appropriations subcommittee to do the We have had hearings on what the management problems which have been same thing and the authorizing com- States are doing. We have had hearings very well swept under the rug. We need mittee, but we as the oversight will on what other countries are doing. If to get it out from under the rug and make sure what the Comptroller Gen- Oregon can do it, why cannot the exec- deal with it. Three years ago, the Gen- eral has brought up should be read by utive branch of the United States do eral Accounting Office reported that every Member of this Chamber, and it? If New Zealand can do it, why can- ‘‘these efforts are having serious trou- then we can face up to these problems not the executive branch of the United ble meeting cost, schedule and/or per- and do something about it. But Con- States do it? If Australia can do it, why formance goals. Such problems are all gress cannot do it day to day. That is cannot the executive branch of the too common in Federal automation where the executive branch and the Ex- United States do it? It just gets down projects.’’ ecutive Office of the President is im- to a question of doing it. portant to have this type of an entity In short, good management could My most famous and fun commence- added to it, which is simply moving it have saved taxpayers billions of dollars ment address that I learned as a uni- around but getting a focus in it, and and given the government and its citi- versity president was when Winston zens modern, efficient, productive and that is the Office of Management. Regardless of party, most White Churchill, the great leader of the free effective technology. Yes, we need to House staffers are interested in policy world, was sitting there puffing on his strengthen the President’s staff in the development, not managing policy im- cigar watching the graduates and what area of information technology, but we plementation. Policy involves hope, ex- they were doing. He got up to the po- have an even greater need to have an citement and media coverage. Manage- dium and he said, ‘‘Do it,’’ and sat integrated approach to management ment, on the other hand, appears dull down. If commencement speeches were improvement. that long, two words, we would have The desperate need to improve the and dreary, whether it is program man- agement or financial management. Yet better inspiration for most of the government’s financial management good policies that are not translated by young people of America. systems which I have already referred management into action have very lit- In August of 1910, Theodore Roo- to can be pursued meaningfully only in tle value. Removing the management sevelt spoke to this very issue. He said concert with information technology. problems from the current Office of no matter how honest and decent we In addition, however, many of the fail- Management and Budget would provide are in our private lives, if we do not ures in upgrading these computer sys- the President with a rational division have the right kind of law and the tems can be traced to inadequacies in of labor that would place a new and right kind of administration of the law, the procurement process. At present, necessary emphasis on managing what we cannot go forward as a Nation. these three specialized areas of man- is now unmanageable. agement reside in three independent Mr. Speaker, it is time to go forward. offices within the Office of Manage- b 1530 If we are to create government-wide ment and Budget. We must remove all Those who are engaged in budget accountability, an office of manage- of them from the shackles of the budg- analysis have different skills and fulfill ment is essential. It is a long-overdue et process and insist that they work to- different roles than those who work in reform that taxpayers deserve and good gether to eliminate further loss of bil- financial and program management. government demands. The office of lions of dollars in wasteful and unsuc- Since 1993, on a bipartisan basis, this management could work with depart- cessful systems development. Congress has authorized chief financial ments and agencies in measuring the Many other management challenges officers and chief information officers value of program effectiveness. lie ahead. We need an organized and for each cabinet department and each Mr. Speaker, the Subcommittee on comprehensive governmentwide plan to independent agency. Both management Government Efficiency, Financial protect government computers from and budget staffs could and should par- Management and Intergovernmental cyber attacks such as the Melissa and ticipate in annual budget reviews of Relations, which I chair, will have a I-Love-You viruses. Over the next few the executive branch departments and large agenda this year. We will follow years, the Federal workforce will suffer agencies. Of course they should do it up on just these various points: What massive attrition as a large number of that. But they also have to focus to be Oregon, Australia and New Zealand are workers become eligible to retire. We very effective, and you cannot be di- doing, why are we not doing? So let us need an executive branch agencywide verted, just going to meetings. try it.

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.082 pfrm02 PsN: H14PT1 H370 CONGRESSIONAL RECORD — HOUSE February 14, 2001 CELEBRATING BLACK HISTORY feet right now. They may not be big Second, the wake-up call comes in no MONTH enough, but they certainly are filling small part because of Florida and its The SPEAKER pro tempore (Mr. them. They are not big enough because aftermath. We, especially those of us KERNS). Under the Speaker’s an- she is a lady, and that is not how a who come out of the civil rights move- nounced policy of January 3, 2001, the lady’s feet operate. But this is only one ment, thought that, at least with re- gentlewoman from Ohio (Mrs. JONES of indication of how the gentlewoman spect to the great civil rights bills, our Ohio) is recognized for 60 minutes. from Ohio operates. work could be said to be, if not done, Mrs. JONES of Ohio. Mr. Speaker, Mr. Speaker, it is an important occa- well on its way. We certainly did not once again on behalf of the Congres- sion this year, because each year we, of think there were major voting rights sional Black Caucus we rise to cele- course, come forward, we who are Afri- problems remaining in this country. brate Black History Month. As we said can Americans, and others, to com- We knew there were pockets; we knew yesterday, this is a continuation of memorate Black History Month. It of problems. presentations from yesterday. Black may be that we were in danger of hav- What we now know is that nation- History Month is an excellent time for ing Black History Month become like wide there have been systematic viola- reflection, assessment, and planning. A George Washington’s birthday. You do tions of people’s voting rights forever full understanding of our history is a it every year, you know you are doing in this country, and if there had not necessary and crucial part of compre- it because something great and impor- been a close election, we never would hending our present circumstances and tant is being commemorated. have known it. The results in Florida crafting our future. But I must say, this year, all of us I were beneath the standards of Amer- I want to recognize, if she chooses to believe have looked at Black History ican democracy. The great shame is be recognized once again, the Chair of Month as a giant wake-up call for what the court to which we move to the side the Congressional Black Caucus, the it truly can mean and must mean in on political matters decided an elec- gentlewoman from the great State of these times. This is no commemoration tion for the first time in American his- Texas (Ms. EDDIE BERNICE JOHNSON.) for African Americans or for America; tory. That alone must never happen Ms. EDDIE BERNICE JOHNSON of this is a time for reflection and for ac- again. Texas. Mr. Speaker, to my colleague, tion. Florida shows us that what African the gentlewoman from Ohio (Mrs. I could go down a list of reasons why Americans struggled for in the 1965 JONES), let me thank you for leading the country does not need to be in Voting Rights Act is no longer simply this celebration series of speeches repose on its oldest issue, born as a a black problem. There were many today. It is important that we at least matter of original sin, race and racism more people than blacks who were once a year give notice to the history in our country. That ought to be clear, disenfranchised in Florida. We cannot of the African Americans in this coun- although I fear it is not. Rather, in the go back to Florida, but what we can do try. limited time I necessarily have, I is not make this year go by without We especially think it is important would like to focus on three reasons putting in motion the apparatus and this year, because we just had a very, why a wake-up call comes this Black the funds to correct the voting rights very emotional, difficult experience History Month: one has to do with how mechanisms or the election mecha- with the past election, and the reason long it has taken us to honor the Fa- nisms in the United States of America. why we are so concerned about that is ther of Black History; second has to do We do need a commission, we do need because we have had several turbulent with Florida and its aftermath; third to study some of the long-range effects, periods in our history on our voting has to do with the most pressing voting but we need to begin the process of cor- rights. rights challenge in our time. rection before the next election is held. Dr. Carter G. Woodson, only the sec- As you know, we got them very Finally, let me address what I said ond black to get a Ph.D. from Harvard, early; then Reconstruction, we lost a was the third great wake-up call, and a self-educated man until he went to number of people. We have fought and that is the most pressing voting rights the University of Chicago and got his died for our voting rights, and, as I in- challenge in America today. That, of masters, started the Association for dicated before, as Santayana once said: course, is the absence of congressional the Study of Negro Life and History. ‘‘Those who fail to learn from history voting rights for almost 600,000 Amer- are doomed to repeat it.’’ We do not This man, this brilliant and great American historian, almost single- ican citizens who live in the District of want to repeat the history we have had Columbia who have no voting represen- in this country, trying to gain equal handedly uncovered suppressed African American history and started the proc- tation on the floor of the House or the respect and equal opportunity for cast- floor of the Senate, but on April 15th ing votes as citizens in the United ess of challenging racist stereotypes throughout American historiography. are expected to pay their Federal in- States. come taxes like everybody else. So it is indeed important that we Yet his house on 9th Street, the house This is a situation that cannot go on bring attention to this issue and plead where the association that he started much longer, as we hold our heads high and pray for a solution. I thank the and where he lived, has been boarded as we preach democracy around the gentlewoman very much. up for decades. Mrs. JONES of Ohio. I thank the gen- I come to the House today to thank world. Residents of the District of Co- tlewoman. the House for passing my bill during lumbia are not going to let it go on Mr. Speaker, it gives me great pleas- Black History Month last year, finally much longer. It has gotten to the point ure at this time to yield to my col- passed by the Senate, which allows the of civil disobedience. I myself testified league, the gentlewoman from the Dis- Park Service to do a feasibility study, at a trial yesterday regarding some trict of Columbia (Ms. NORTON). now under way, to determine whether civil disobedience that occurred here Ms. NORTON. Mr. Speaker, I thank or not Dr. Carter G. Woodson’s house during the last appropriations period. the gentlewoman from Ohio for yield- will become a national historic site. D.C. residents have been very pa- ing to me, and particularly do I thank Carter G. Woodson started Negro His- tient. They do not seek to correct this her for her initiative and leadership in tory Week, which I always celebrated by civil disobedience, the way we did in organizing this Black Caucus com- as a child in the segregated schools of the civil rights movement. They seek memorative on and during Black His- the District of Columbia. It has evolved to use the processes of this House in tory Month. into Black History Month, now com- order to get the voting rights to which I want to congratulate the good gen- memorated through the history and they are entitled as American citizens tlewoman from Ohio for the way in the world. It is time that we focused in who pay their Federal income taxes which she has hit the ground running. on the man who began it all, began the every year. No grass grows under her feet. Her process of correcting the history that So, for those for whom this month of predecessor, the esteemed gentleman we celebrate this month, the history, commemoration has become just that, from Ohio, Mr. Stokes, left. We did not through its correction, that led finally a commemoration, let me leave you know whose feet would be big enough to the historic civil rights acts them- with a notion that the way to com- to fill his shoes. I am looking at her selves. memorate this month is to think of

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.085 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H371 what is still outstanding on the Amer- charge on this day and on yesterday to ing a dastard machine in the city of ican agenda that most affects African bring before the Congress of the United Chicago that moved with adroitness Americans. States the celebration of Black History and skill on every election to suppress b 1545 Month. the African-American vote within the Mr. Speaker, for as long as I can re- city of Chicago, within the State of Il- I believe that a small but important member, Black History Month was a linois. matter is making sure that Carter G. time of joyous celebration as the Na- Mr. Speaker, on election night in Woodson’s home becomes a National tion took note of the accomplishments Chicago, and also in Cook County, I Historic Site, and I believe that is and achievements of black Americans want to bring it to the attention of the under way. I come this afternoon to throughout the history of this Nation, American people that antiquated vot- thank the House for what the House acknowledging their contributions, not ing machines in Chicago and Cook has done and what the Senate has done only to the upliftment of this Nation, County resulted in thousands of Afri- to make that possible. the progress of this Nation, but indeed, can-American voters’ ballots being dis- There is Florida and its aftermath, to acknowledge their accomplishments qualified. Yet, in the rich suburban, which I think is only beginning. We and achievements on behalf of nations Republican collar counties surrounding will know if we have gotten anywhere throughout the world. Cook County, where the population is by whether or not this year’s budget Indeed, the world is a better place be- not primarily minority, there were and specific legislation has moved this cause of the contributions of black state-of-the-art voting machines in issue forward this year, not this session Americans, and we honor and celebrate place which allowed for the smooth dis- but this year. them during the month of February. position of defective ballots, and for Finally, on that agenda must be the However, Mr. Speaker, this month of citizens to be recorded accurately right outstanding issue of taxpaying resi- February is a month that the celebra- then and there. dents being left without voting rights tion is somewhat hollow. We are cele- Can Members believe it, in my State, in the Congress of the United States, brating with less enthusiasm than we in the State of Illinois, in Cook Coun- and those taxpaying residents do not have celebrated past Black History ty, where a majority of minority citi- live in some far-off corner of our coun- Months. The reason for this is sin- zens are, we had old, antiquated ma- try. Those taxpaying residents live gularly the fact that just a few months chines, that if in fact a ballot was put right under the nose of the Congress. ago there was an election for President or entered into that machine, it was In their name, in this month of black of the United States, and, Mr. Speaker, kicked out and that person lost their history, particularly since the major- that election, in the opinions of a sig- vote? But just a few miles away, in the ity of them are African-Americans, I nificant number of American citizens, Republican part of the State of Illinois, ask that the Congress move forward to and I would say, indeed, the majority in the collar counties surrounding grant voting rights in the Congress of of black American citizens, that elec- Cook County, they had up-to-date ma- the United States to the residents of tion was stolen from the rightful win- chines where once the card was entered the District of Columbia. ner. in that machine, if in fact there was a Mrs. JONES of Ohio. Mr. Speaker, I So, Mr. Speaker, I am here today to mistake by the voter, it was imme- thank the gentlewoman from the Dis- talk about a stolen Presidential elec- diately rejected and the voter right trict of Columbia. tion and the disenfranchisement of Af- then and there, at the same time, could For the record, I support voting rican-American voters during this last correct their mistake and enter that rights for the District of Columbia, as election. card once again into that machine and many of us do, and we are going to con- As we speak on the floor today, the their vote would be counted. tinue to work this year in this Con- Committee on Energy and Commerce, So 125,000 African-American and mi- gress to see that each of the residents on which I serve, is holding a hearing nority voters in the County of Cook of the District of Columbia have a vote on the television network’s coverage of were denied their right to vote as a re- and a voice. last November’s Presidential election. sult of this duality of this double Mr. Speaker, let me just read a quote That is a hearing that I also have standard, of these two different ma- from the last black to leave Congress mixed feelings about because, whereas chines, one antiquated, being utilized back in 1901, George Henry White, from I understand and appreciate and am inside Cook County, and one up-to-date North Carolina. He stood up on this also concerned about the fact that the state of the art, being utilized outside very floor and declared, ‘‘You have ex- coverage, the network coverage of last of Cook County. cluded us. You have taken away the November’s election, left a lot to be de- More than 200 years after the Eman- right to vote, and so I am the last one sired, I feel as though that hearing is cipation Proclamation, African-Amer- to leave. This, Mr. Chairman, is per- just tinkering along the edges. It is not ican voters are still today being denied haps the Negro’s temporary farewell to really getting to the essence of the their rights, particularly their right to the American Congress. But let me say, issue. vote. It is incumbent upon us as Mem- phoenix-like, he will rise up some day I and the voters of the First Congres- bers of Congress to safeguard the rights and come again. These parting words sional District, along with millions of of African-Americans and all voters, no are on behalf of an outraged, heart- American voters across the Nation, matter what their race, color, or creed. broken, bruised and bleeding but God- heard the results of Florida’s Presi- There are lingering questions, many fearing people, a faithful, industrious, dential balloting announced, then re- lingering questions, about this last loyal people, rising people, full of po- vised, then reversed, then rescinded by Presidential election that need to be tential force.’’ the networks. answered. With that quote, I yield to my col- The impact of those faulty projec- Mr. Speaker, I call upon Members of league, the gentleman from the great tions and the havoc which they this Congress, Members of the 107th State of Illinois (Mr. RUSH). Just like wreaked is still being felt today, not Congress, I call upon the leadership of the phoenix rising, he represents one of only by the individual who was de- this Congress, to get to the bottom of 37 African-American Members of the feated, Vice President Gore, but also why, why did African-Americans and Congressional Black Caucus. by tens of thousands of American vot- other minorities, why were they denied Mr. RUSH. Mr. Speaker, I thank the ers who believed then and believe now their right to vote? Why were their gentlewoman for yielding to me. that their votes in Florida and in many votes not counted? Why was there in- Mr. Speaker, I certainly want to States, like my State, the State of Illi- timidation and harassment, and in- commend the gentlewoman from Ohio nois, were not counted. deed, in some instances, faulty arrests for her leadership and her outstanding Mr. Speaker, we have spent many, of African-Americans on their way to work on behalf of the entire Congres- many years, and I have spent most of the polls? sional Black Caucus, and also on behalf my adult life, fighting to ensure that Why, Mr. Speaker, in the County of of American citizens who are minori- African-Americans have the right to Cook, were there two different types of ties, who are dark-skinned citizens, all vote and that their vote be counted. I machines, one with faulty equipment, across this Nation, as she led the spent most of my political career fight- antiquated equipment, and the other

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.086 pfrm02 PsN: H14PT1 H372 CONGRESSIONAL RECORD — HOUSE February 14, 2001 one state-of-the-art equipment? Why notion of ballot security, a program legitimacy of their voting status could were those two different types of ma- was instituted to actively discourage be determined. chines used in the State of Illinois in a African-Americans from voting with Let me take a brief moment to men- Presidential election? physical intimidation and the presence tion another item that ought to be cor- The American people deserve the of off-duty law enforcement officers de- rected by this Congress. Individuals right to know that, to know the answer signed to discourage people from vot- who are convicted of crimes, served to those questions. African-Americans ing. their sentence and served their parole, deserve the right to know the answer This brings us to the present day and ought to have their voting rights re- to those questions. Indeed, Mr. Speak- what I would like to call ‘‘the fiasco in stored. They have paid their debt to so- er, we all deserve the right to know the Florida.’’ Now, there are a lot of people ciety. answer to those questions. who say to the African-American com- Our prison system has said they have Mrs. JONES of Ohio. Mr. Speaker, I munity, ‘‘You need to get over it. The been rehabilitated, they ought not be thank the gentleman from Illinois very election is over.’’ Let me emphasize denied that fundamental rights to vote. much, and I yield to my colleague, the that this is not about the Gore cam- Mr. Speaker, when I began I said that gentleman from the great State of paign. This is not about who won that those who do not learn the lessons of Maryland (Mr. WYNN). election, although that is certainly im- history are destined to repeat them. I Mr. WYNN. Mr. Speaker, I thank the portant. think the final lesson we need to learn gentlewoman for yielding to me. More- What this is about for the African- on the occasion of Black History over, I thank the gentlewoman for her American community is that the inci- Month is that continued vigilance is outstanding leadership in this special dents we saw occurring in Florida re- necessary to protect our right to vote. order commemorating Black History called the incidents of the Jim Crow We cannot take it for granted. We need to register more voters. We Month. She has done a marvelous job era; recalled the incidents surrounding need to educate voters as to their over these two days, and we certainly the deaths of Schwerner, Chaney, and rights, and we need to protect the vot- appreciate her efforts. Goodman; recalled the so-called ballot ers who come out and want to vote. We Mrs. JONES of Ohio. If the gen- security programs. So this is not just a need to protect voting rights. I believe tleman will allow me to interrupt the matter of who won or who lost, this is gentleman, due to the large amount of we have learned the lessons of history. a matter of a threat to what we believe We have been reminded by virtue of people we have coming, I am going to are our fundamental rights. what happened in Florida, and I hope ask my colleagues to try to restrict What did we see in Florida? The use as we reflect on the meaning and the their comments to 3 to 5 minutes, of identification requirements to dis- history of African American History please, and I thank the gentleman very courage voters, requests for photo iden- Month, that we will take to heart these much. tification, which is not required in the ideas and ensure that never again in Mr. WYNN. Yes, I will be happy to do law. Suddenly police checkpoints America will our citizens of any color that. But as I say, the gentlewoman sprung up in African-American commu- be denied the right to vote. from Ohio has done a magnificent job, nities, discouraging people who might Mrs. JONES of Ohio. Mr. Speaker, I and we all appreciate it. be on their way to vote and then to want to thank the gentleman from Mr. Speaker, I rise on the occasion of work. Maryland (Mr. WYNN) for his com- Black History Month to speak about We found voters turned away, being ments. electoral reform. There was a saying told they were not in fact registered Mr. Speaker, I yield to the gentleman that those who do not learn the lessons when in fact they were. College stu- from the great State of Illinois (Mr. of history are destined to repeat them. dents, eager, enthusiastic about voting DAVIS). I want to comment for a few moments for the first time, were turned away. Mr. Speaker, I would like to also about a relatively ugly episode in There were allegations that the motor- thank the gentleman from Illinois (Mr. American history, the disenfranchise- voter program did not effectively reg- DAVIS), because it was through his ment of African-Americans. ister people. People who in fact had work that we were able to secure the Return first to the era known as Jim their voter registration card in hand hours to be able to have this Black His- Crow, an era in which African-Ameri- were turned away by election officials. tory Month special order. cans were legally and systematically b 1600 Mr. DAVIS of Illinois. Mr. Speaker, I denied the right to vote. They were, in want to thank the gentlewoman from essence, denied democracy. They were Of course, as you heard from the gen- Ohio (Mrs. JONES) for her outstanding denied full citizenship. They were de- tleman from Illinois (Mr. RUSH), my work and for yielding to me. nied the very things that make us colleague, faulty detective voting ma- I rise, joining my colleagues, on this proud to be Americans. chines were disproportionately located day during Black History Month to dis- Techniques such as poll taxes, lit- in African American communities. All cuss two critical issues that impact eracy tests, requiring African-Ameri- of these incidents bring to mind a very, every American citizen, voting rights cans to recite the Constitution, phys- very ugly episode in our history, and and the need for reform. ical harassment, the denial of jobs for we are determined not to relive the Mr. Speaker, it is one of the great those people who chose or decided they mistakes of the past. We are deter- historic truisms that our right to vote, wanted to vote, all of these were mech- mined to, in fact, learn the lessons of the ultimate expression of the em- anisms that were used to systemati- history. powerment of the people and the bed- cally disenfranchise African-Americans To that end, I would say we need to rock of our democracy, is also perhaps during this period of our history known do three things. First, we need to have the most hard-won right accruing to as Jim Crow. a full Justice Department investiga- Americans. In the sixties, and as a result of the tion of voting rights violations in Flor- The battle to extend the right to vote civil rights movement, we saw a major ida. That would give the administra- to every citizen, especially women and mobilization as people of good will of tion an opportunity to truly prove that African Americans, has shaped much of all colors, races, and creeds came to- they want to extend the knowledge our Nation’s history, and along with gether to mobilize against this dis- base and ensure that everyone has fair the battle to protect the vote has, and enfranchisement and begin the move- access to the voting process. continues to, shape and reshape our no- ment known as the voting rights effort. Second, we need legislation, legisla- tions of democracy. Unfortunately, in 1964, three such in- tion that would provide money to Events in Florida this past November dividuals, Michael Schwerner, James States so that they can buy modern remind us that this is no mere intellec- Chaney, and Andrew Goodman were voting machines and we can have uni- tual exercise. Unfortunately, events in killed while working in Mississippi to form voting technology. Florida during the election reflect the protect that fundamental aspect of We also need to protect disputed bal- fact that we leave the 20th century fac- American democracy, the right to vote. lots so people who believe they are reg- ing an assault with great parallels to But even more recently, a decade ago istered could vote on a temporary basis the events which ushered in the cen- in New Jersey, under the thinly-veiled and have that vote preserved until the tury.

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.088 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H373 After the Civil War, our Nation wit- versus Reno, the Supreme Court re- suit filed by the NAACP, arbitrary and nessed great movement towards democ- flecting the political events of the last racially disparate adverse impact on racy. Swept along by a powerful move- quarter of the century, began do dis- the electoral systems, racial disparity ment for African American equality, mantle generations of hard-won gains in election administration, wrongful Congress passed the 14th and 15th in the battle for equality and justice. purging of eligibility voters, failure to amendments to the Constitution. Gone were the days of overt racism. timely and correctly process voter reg- The movement for equality rapidly In its place was a new paradigm, one istrations, improper procedures for grew into a movement to claim a fair which shed crocodile tears for fairness change of residence and unequal access share of political representation. Some and democracy, all the while ruthlessly to the inactive list. two dozen African Americans were ripping at African American voting And so you see, Mr. Speaker, what elected to the Congress, and some 700 rights. happened in Florida is a mirror of what African Americans to State legisla- It was not long ago that America re- is happening all over America. Now is tures in the South. sponded to the demands of protests, the time for America to say, not only The response was a wave of terrorism wrapped her strong arms around the will we renew the Voting Rights Act of and oppression followed by a storm of impervious suffrage movement led by 1965, but we will be serious in our ef- political and legal repression. African American leaders and other forts to make sure that each and every One of the most horrific and shame- leaders and relieved trepidation of an American, no matter where they live, ful symbols of that wave of terror came abused who longed to take an active no matter what their race, creed, eth- in the summer of 1908, when in the role in shaping our democracy. nic origin, background, income status, town of Springfield, Illinois, my home On August 6, 1965, our Nation ma- they will have the right to participate State, home to President Abraham tured and took a giant leap forward to- effectively in the making of decisions Lincoln, America learned of a race riot wards equality. On that day, America in this great democracy, anything less of mass terror against African Ameri- witnessed the passage of the Voting than that makes a mockery of our un- cans which lasted for days and which Rights Act of 1965. This historic act en- derstanding of what democracy really killed and wounded scores of African forced the right that no voting quali- is. Americans and which drove thousands fication or prerequisites to voting or Mrs. JONES of Ohio. Mr. Speaker, I from the city. standard practice or procedure shall be thank the gentleman from Illinois (Mr. Those riots led directly to the found- imposed or applied by any State or po- DAVIS) for his comments. ing of the NAACP by W.E.B. DuBois litical subdivision to deny or abridge Mr. Speaker, it gives me great pleas- and other brave and far-sighted indi- the right of any citizen of the United ure to yield to the gentlewoman from viduals and to the unfolding of a cen- States to vote on account of race or the State of North Carolina (Mrs. tury of struggle for political and voting color. CLAYTON). Mrs. CLAYTON. Mr. Speaker, I rights. This landmark event, among other thank the gentlewoman (Mrs. JONES) The landmark cases, Smith versus historical moments in American his- for yielding to me, and I thank her for Allwright giving African Americans tory, unified our country and together the leadership and making time avail- the right to vote in primary elections we began building a bond of comrade- able so that members of the Congres- in Texas, Thornburgh versus Gingles ship and brotherhood. By voting, thou- sional Black Caucus can have this op- ruling that redistricting to dilute the sands of citizens began to speak a com- portunity to speak today. voting strength of minorities is illegal, mon language, democracy. Mr. Speaker, it is important, and it Chisom versus Roemer ruling that the Ironically, this great achievement is also very appropriate during Black Voting Rights Act applies to the elec- has been overshadowed by recent devel- History Month, for us to reflect upon tion of Judges, were driven by the un- opments. According to the NAACP, de- and recall the struggles this Nation has relenting determination of mass strug- spite a record level voter turnout experienced in our continuing quest to gles and marches, boycotts, sit-ins and among African Americans during the ensure that all our citizens are able to voter registration drives, and by the November 7 general election, black freely exercise their fundamental act great political victories including, in voters were confronted with a mul- of citizenship, voting. the first place, the Voting Rights Act titude of nonuniform election practices In 1776, our Nation’s founders made a of 1965. which impeded their ability to vote. remarkable beginning of a struggle to Second only to the 13th, 14th, 15th, So when a private company, establish a more perfect union, a union 19th and 24th amendments to the Con- ChoicePoint, gave Florida officials a which the government derived its stitution, no tool has been more power- list with the names of 8,000 ex-felons to power from the consent of the govern- ful in breaking the bonds which denied scrub from their voting lists, and it ment. Our founders correctly, albeit, political representation to African turned out that none on the list were with some elitism, established voting Americans and other minorities, and felons, that is a new and deadly threat as a foundation of our democratic re- especially even to women. to democracy. public. Voting was a process by which The NAACP Legal Defense Fund, the It makes no difference that the the will of the people would be ex- ACLU and a host of peoples’ organiza- source of the list was the State of pressed. tions wielded this tool with great effec- Texas. It makes no difference that At first, the only people that tiveness. Florida officials made an attempt to mattered, those who enjoyed the privi- As a result, our democracy was ex- restore some of those purged. It makes lege of voting, were white men who panded and enriched, our political in- no difference that the company dis- owned property. Through painful, stitutions regained credibility, our missed the error as a minor glitch, less sometimes bloody, often deadly strug- government’s effectiveness was redou- than 1⁄10 of 1 percent of the electorate. gles and sacrifices of many American bled. The fact is that 8,000 votes is some 15 heroes, the shackles of racial and gen- However, those that thought full times the margin of victory in Florida, der discrimination have been shaken equality would come on its own had a margin which determined the Presi- off. It is fitting that we take time to not fully appreciated the words of dency of the United States. The fact is pause and to recall and to honor those Frederick Douglass, when he said that that in Hillsborough County, Florida, great Americans and their contribu- power concedes nothing without strug- the number of African Americans on tions to our Nation, a Nation that gle. the list of felons was 54 percent while shines like a beacon to other people The 20th Century ended with the African Americans make up only 11.6 around the world who also yearn to be beating of Rodney King, the dragging percent of Hillsborough’s voting popu- free. death of James Byrd, the assassination lation. Mr. Speaker, after the Civil War, the of Ricky Byrdsong, and the 20th Cen- The fact is that ChoicePoint is only a signing of the Emancipation Proclama- tury ended with renewed Supreme small part of a system which denies Af- tion and passage of series of amend- Court attacks on affirmative action rican Americans the right to vote and ments to the United States Constitu- and voting rights. With cases such as to have their vote counted in Florida, a tion, the 13th, 14th and 15th amend- City of Mobile versus Bolden and Shaw system which includes, according to ments, African Americans, former

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.091 pfrm02 PsN: H14PT1 H374 CONGRESSIONAL RECORD — HOUSE February 14, 2001 slaves and sons of former slaves no rican Americans in Congress. Today, ensure the voting rights of all Ameri- longer were excluded from the great there are 40. The important role of Fed- cans. American experiment of self govern- eral enforcement of voting rights is I want to commend the gentlewoman ment. As a result, black men were clear. The recent voting irregularities from Ohio (Mrs. JONES) for her leader- elected to public office, especially in in Florida and other States serve as a ship on this matter and for scheduling the South, in large numbers. painful reminder of the need for a Fed- this special order at this time. Women continued to be excluded eral presence and effective enforcement We as Americans cannot afford to from voting until the passage years remedies as a safeguard against unfair, allow a repeat of what transpired dur- later of the 19th amendment. In South discriminatory State action. ing the last Presidential election. Al- Carolina, the State legislature had a We cannot go back, Mr. Speaker, to though our Constitution guarantees black majority; in North Carolina, at the period of disenfranchisement of every citizen the right to vote, what we least four Afro-Americans served in segments of our population. This Na- witnessed last November was an elec- Congress before the turn of the cen- tion paid a dear price for that, in bro- toral system so flawed and outdated tury, including Mr. John Hyman, Mr. ken lives and deferred dreams of gen- that it caused the disenfranchisement James O’Hara, Henry Cheatham and erations of African Americans. We paid of thousands, if not millions of eligible George H. White. in the form of loss of national credi- voters across our country. Then, the forces of hate, nullification bility and moral standing in the eyes of The essence of our constitutional and bigotry surged and our Nation en- the world. We paid in the form of lost freedom itself is founded on the in- tered the awful period called Jim opportunities to achieve our national alienable right of every eligible Amer- Crowism, a period in which some quest for a more perfect union, one na- ican citizen to cast his or her vote whites, with the tacit or overt support tion, indivisible with liberty and jus- without obstruction or intimidation. of others, exerted power through a tice for all. When this right is denied, whether by combination of terrorism, economic We must learn from the lessons of design or simple neglect, democracy oppression and legalized separation of history and take seriously the chal- itself suffers. Like Florida, in my own the races. lenges presented by the recent Florida district in St. Louis, Missouri, thou- The terrorism included bombings of elections disaster. We must move for- sands of citizens were turned away homes and churches, jailing of black ward to heal the Nation and to fix the from the polls and denied their right to men for minor, often presumed vio- problems in our voting procedures and vote. The result of a failing system lence violations of law, beatings and machinery. that was ill prepared to deal with the lynchings. For years, African Ameri- Congressman George White from large voter turnout. cans were beaten and jailed for trying North Carolina spoke from the floor in Such a situation cannot and must to register and to vote. 1900. He knew he could not be reelected not be tolerated. That is why it is in- b 1615 because of unfair voting practices tak- cumbent on those of us in Congress to Foreign visitors commented about ing place all across the country, in- work together to ensure that every eli- the strange fruit seen in the trees in cluding North Carolina. He was the last gible citizen in our country be afforded many southern communities, the bar- African-American Member of Congress the unobstructed right to vote. And riers imposed to black voter participa- during the Reconstruction era. Like a just as important, every vote cast also tion were widespread and severe. The voice from the wilderness, he called on must be counted. barriers also included poll taxes and the Congress to pass legislation that To do this, we must modernize our literacy tests, often given by white would prohibit lynching. Congress re- Nation’s failing electoral system by people who, themselves, could not read. fused to act. Congressman White told creating one that is accurate, efficient, The struggle to overcome this hor- his colleagues that he was leaving the and tamper proof. To do any less, we rible chapter of American history Congress but that African Americans, risk forfeiting the rights and protec- brought us to the modern civil rights like a phoenix, would rise again and re- tions guaranteed to all Americans by effort of Thurgood Marshall, the archi- turn to the Halls of Congress. Years law. tect of the litigation strategies of the passed before Mr. Oscar DePriest, from We must not allow partisan dif- NAACP; and Dr. Martin Luther King, Illinois, was elected in 1928. Nearly a ferences to prevent us from resolving who directed SCLC which, along with century passed before the gentleman the critical problem, and the public de- young John Lewis, now a Member of from North Carolina (Mr. WATT) and I, mands that we do not. Because if the Congress; and many other individuals in 1992, were elected to succeed George people do not have confidence in the in the organization led protests and White from North Carolina. electoral process, how can we expect demonstrations to end racial discrimi- Mr. Speaker, I know there are those them to have faith in our government? nation that excluded African Ameri- who cannot appreciate the depth and I thank the gentlewoman from Ohio cans from getting service at hotels and pain of the deprivation suffered by (Mrs. JONES) very much for this oppor- restaurants, from attending public many of our citizens for so many years, tunity to participate in the special schools with white children, from liv- they must recognize the contradiction order. ing in certain neighborhoods, from between our ideals, that all of our citi- Mrs. JONES of Ohio. Mr. Speaker, I being considered for employment and zens’ votes count in a democracy, and yield to the gentlewoman from the college admissions, and most fun- our tarnished history, years of unjust, great State of Texas (Ms. JACKSON- damentally, from registering to vote. legalized exclusion from voting of cer- LEE). In 1957, Congress passed a Civil tain segments of our population. Ms. JACKSON-LEE of Texas. Mr. Rights Act that made it a Federal We must work together, both Demo- Speaker, if I might welcome the gen- crime to interfere with a citizen’s right crats and Republicans, black and tleman from Florida (Mr. PUTNUM), it to vote, and created the Civil Rights white, Hispanic, Asian and Native is a delight. Commission to investigate violations Americans, to protect and promote I thank the gentlewoman from Ohio of the law. voting and to ensure that all votes are for her kindness, and I am gratified White politicians and white indeed counted. Our government must that we have been allowed this time in supremist groups intensified their re- be elected by the people for the people. our Nation’s history to be able to re- solve to prevent blacks from voting. Mrs. JONES of Ohio. Mr. Speaker, I count the many contributions of Amer- Black applicants seeking to register to yield to the gentleman from Missouri icans. vote were made to wait for hours, voter (Mr. CLAY). And I stand before you today to em- registration places were open for very Mr. CLAY. Mr. Speaker, in keeping phasize the word ‘‘Americans’’ in limited times and often suddenly with the spirit of the many great men America, for I might think that there closed when blacks tried to register, and women we honor each year during may be those who may be listening and their applications were lost or dis- black history month, I rise today to who may have some consternation or carded. join my colleagues in the Congres- some difficulty with Members of the Before the Voting Rights Act was sional Black Caucus in calling for United States Congress rising to the passed 35 years ago, there were five Af- meaningful election reform that will floor, to be able to emphasize both our

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.093 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H375 difference and our commonality. The And yet in this election in 2001, al- my friends. The disenfranchisement of thou- common core that joins us together is though we recognize that it is finished, sands of African American voters, along with that we are Americans. I believe the ultimate fact that a deci- countless others who’s votes were not count- Mr. Speaker, I salute in this month sion had to be made at the Supreme ed, opened many wounds in the recent elec- the many heroes and leaders and activ- Court level of the United States, that tion. ists and spokespersons and quiet people people felt that they were turned away After the heated battles of the Civil Rights who, in their own way, have offered to from the polls, that young college stu- movement and the sacrifices of Martin Luther contribute to the fundamental right of dents who were dutifully registered to King, Malcolm X, as well as countless others, the right to vote. February happens to vote whose names were not on the poll- including the four little girls who were killed at be the month we commemorate the ing list and who were then instructed the Sixteenth Street Baptist Church in Bir- contributions of African Americans to to be turned away because there was mingham, Alabama, I believed that we had in- this great Nation, but it also gives us a not enough knowledge to know that deed made progress. Today, African Ameri- time in 2001 to be able to reflect upon you could affirm and testify to the fact cans know that we have not yet overcome the a journey that none of us thought that that you had registered, there is need weight of not being treated as full citizens of we would travel and that is a time that for electoral reform. this great nation. sunshine shown very brightly on a We should not let the tragedies of The seminal catalyst for voting rights was Democratic system frankly that is bro- Montgomery, of Selma, and all that reflected by Dr. Martin Luther King, Jr. when ken. went before go on any further without he began a peaceful and historic march for So I rise today to recount for those solving the problem of allowing one black voting rights from Selma, Alabama on whose memories may have faded, Bir- vote, one person. The history of this March 7, 1965. mingham and Selma and Montgomery, Nation is embedded in the fact that When the peaceful marchers attempted to North Carolina and South Carolina, each voice should be counted, but all leave Selma they were beaten by law enforce- Georgia and Mississippi and Texas and too often people do not vote. People are ment officers as they crossed the Edmund names like Martin King and Rosa disenfranchised, frightened, or turned Pettus Bridge. Parks and Josiah Williams and Andy away or their votes are not counted. Two weeks later, under the protection of the Young; but yes, those names that are So in tribute to African American Alabama National Guard, Dr. King was able to yet not recorded, names of thousands History Month, I believe the tribute lead the march successfully, and in August of upon thousands of young college stu- should be forthright and forward-going. that same year President Johnson signed into dents from all walks of life, all reli- It should be a recommitment that, in law the Voting Rights Act of 1965. This was a gions and races and creeds, that walked fact, we will allow no intimidating civil rights victory because African Americans in the sixties to be able to reestablish force to ever keep us away from voting. understood all too well the barriers to suffrage. the fundamental right to vote. We will answer the question of racial Today, I must say that history does and can Mr. Speaker, I thought it was impor- profiling. We will answer the question repeat itself, if we are not vigilant. We have tant, and I want to thank the Congress- of blockades at polls. We will answer not been vigilant enough in keeping the spirit woman from Ohio and the chairperson the question of antiquated voting of the United States Constitution alive. We of the Congressional Black Caucus, equipment in certain areas of our com- have not been vigilant in ensuring that every that you hear us emphasize the need munity. We will lift up the Voting American has the right to freely exercise their for refocusing on the right to vote. For Rights Act of 1965 which reinforces the franchise. We have not been vigilant in keep- you to understand that it was not eas- opportunity for people to be rep- ing a watchful eye on those who administer ily secured, either by women, either by resented by people who will represent elections at the local, state, and national level. those who were without property, or ei- them in the best way. We know that the hands of justice for black ther by those who look first and came Mr. Speaker, I do believe that our people in this country moves slowly all too first to this Nation in the bottom of Declaration of Independence says it all. often. After all, it was only last summer that the belly of a slave boat. We all are created equal with certain men were indicted to face trial in the nearly The real focus of the right to vote inalienable rights of life, liberty, and forty year-old murders of African American sort of jelled in the late 1950s and early the pursuit of happiness. In the pursuit girls who were killed one Sunday morning by 1960s as one began to expand this whole of such liberty, it is imperative that a bomb while they participated in services at concept of civil rights. We all know our vote is counted. As we proceed to the 16th Street Baptist Church. This terrible about Rosa Parks. We pay tribute to improve on the voting system, let it be act galvanized the civil rights movement and her; and the concept of her movement in tribute to all of those who marched, began a call for justice, which may at last be was about accommodation and riding who sung, who spoke, who lost their answered in a court of law as two Ku Klux on buses and being able to eat in res- lives, all Americans with particular Klansmen in Alabama’s Jefferson County are taurants and hotels. It was the simple emphasis and tribute on African Amer- finally being brought to justice for the 1963 dignity of being able to use your icans who did not have the ultimate bombing. money as any other American citizen. right to vote in the 1960s. I am here to say that we as a nation cannot But as we moved into the 1960s and as Mr. Speaker, let this African Amer- wait forty years to get our election system Martin King laid out the agenda for us ican History Month be a tribute of right. We are on a clock and it is fast ap- in his 1963 ‘‘I Have a Dream,’’ he began going forward, never to repeat again proaching the mid-term elections in 2002 and to realize that the political empower- the days of Florida and the days of this the next Presidential Election Day in 2004. We ment of a people was crucial to take last election where anyone, no matter must learn from the mistakes made and em- one’s role and one’s right. And so we who you are, new citizen or not, failed power African Americans so every vote began to move after 1963 to emphasize to vote because someone closed the counts. over and over the right to vote. That door in your face. It is our nation’s credo that all men, the right to vote bore fruit in 1964 in the human species both male and female, are Civil Rights Act and in the 1965 Voter b 1630 equal, that they are endowed by their Creator Rights Act that said no one should be There is much that I could say, and with certain unalienable Rights, that among discriminated against in the right to as my colleague well knows, when we these are Life, Liberty, and the Pursuit of Hap- vote. are moved to speak on these issues, we piness. We as a nation was founded on the Mr. Speaker, yet after signing that are moved to speak. But I would only premise that to secure these Rights, Govern- legislation, constantly throughout the say that the Constitution charges us ments are instituted among Men, deriving their decade of the 1960s and 1970s and 1980s with the importance of ensuring that just Powers from the Consent of the Gov- and 1990s, we have found instances everyone has a right to vote. erned, which is expressed by our nation’s where: One, there has been voter in- Mr. Speaker, it is with great enthusiasm and founders in the Constitution of the United timidation. Two, votes have been appreciation that I join my colleagues of the States. Thomas Paine’s work titled the ‘‘Rights thrown out. Three, minorities have lost House in recognition of Black History Month. of Man,’’ ably wrote ‘‘[T]hat men mean distinct elections for a variety of infractions It is ironic that we are celebrating the first and separate things when they speak of con- that never rose to the level of national Black History Month of the new millennium, stitutions and of governments . . . A constitu- concern. yet we must make so much more progress, tion is not the act of a government, but of a

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\K14FE7.095 pfrm02 PsN: H14PT1 H376 CONGRESSIONAL RECORD — HOUSE February 14, 2001 people constituting a government without a Unfortunately, evidence from the resolution ations in the methods voting lead to different constitution, is power without a right.’’ of the election reveals that a breach of trust methods of tallying votes and different suc- The people of this nation at its inception has occurred. The United States Supreme cess or failure rates in the accuracy of those said, ‘‘We the People of the United States, in Court, sworn to protect and defend the Con- tallies. The more modern pencil mark to fill an Order to form a more perfect Union, establish stitution of the United States, did not act as oval on a paper ballot that is feed into a com- Justice, insure domestic Tranquility provide for one might have expected. I share the dis- puter to tally votes was found to only hold a the common defense, promote the general appointment of millions of Americans with the three percent error rate while the punch card Welfare, and secure the Blessings of Liberty Court handling of Bush v. Gore. The unfortu- method of tallying votes had a fifteen percent to ourselves and our Posterity, do ordain and nate aspect of politics was meshed with the error rate. establish this Constitution for the United law in a way that erodes the public’s con- It is clear that the injured party in this matter States of America.’’ fidence in our judicial system. Now, the Court are the voters of Florida who had to suffer It is understood that the preamble to the must repair any institutional damage done. through the biased actions of a Secretary of Constitution of the United States is not a The Supreme Court has more cases pre- State who campaigned for then Governor source of power for any department of the sented than it can possibly review and for this Bush. The voters struggled to be heard in the Federal Government, however, the Supreme reason has over time applied two rules to face of repeated challenges and disruptions Court has often referred to it as evidence of judge the appropriateness of review the designed to end an orderly process of dis- the origin, scope, and purpose of the Constitu- Standing Doctrine and the Ripeness Doctrine. cerning voter intent when the machine failed in tion. In Jacobson v. Massachusetts (1905), Standing is composed of both constitutional that determination. Let us remember today Justice Harlan wrote ‘‘Although that preamble and prudential restraints on the power of the that a constitution is the property of a nation, indicates the general purposes for which the federal courts to render decisions. In Valley and not of those who exercise the govern- people ordained and established the Constitu- Forge Christian College v. Americans United ment. All the constitutions of America are de- tion, it has never been regarded as the source (1982), Justice Rehnquist wrote that ‘‘The ex- clared to be established on behalf of the au- of any substantive power conferred on the ercise of judicial power under Art. III is re- thority of the people. government of the United States, or on any of stricted to litigants who can show ‘‘injury in For this reason I introduced H.R. 60, the its departments. Such powers embrace only fact’’ resulting from the action that they seek Secure Democracy for All Americans Act, those expressly granted in the body of the to have the court adjudicate. The Doctrine of which would create a commission to address Constitution, and such as may be implied from ‘‘standing’’ has a core constitutional compo- all of the problems associated with last year’s those so granted.’’ nent that a plaintiff must allege personal injury election. We can do better Mr. Speaker. Our Constitution, like all constitutions, is the fairly traceable to the defendant’s allegedly un- The result of this infamous decision is that property of a nation, and not of those who ex- lawful conduct and likely to be redressed by African Americans were shunned by the coun- ercise the government. It is our belief, as the requested relief. The concepts of standing try where we were enslaved and died for our Americans, that this democracy was and con- present questions that must be answered by nation on the battlefields. I do remember the tinues under the direct authority of the people reference to the Art. III notion that federal cries from Republicans and Democrats after it of this nation. courts may exercise power only in the last re- was learned that military service men and All power exercised over a nation, must sort and as a necessity, and only when adju- women votes cast by absentee ballot were have some beginning. In America, the begin- dication is consistent with a system of sepa- under threat of not being counted, because I ning of power is found in the Constitution, but rated powers and the dispute is one tradition- joined them in that outrage. The cry that we in the history of mankind power has found two ally thought to be capable of resolution should not disenfranchise these Americans sources where it may either be delegated or through the judicial process. was shared by all who appreciate their dedica- assumed. There are no other sources of The case brought before the Court in Bush tion and service to our nation. My pain was at power other than the consent of the governed. v. Gore did not establish the fine points of the lack of concern that those who were vet- All delegated power is trust, and all assumed standing because no injury had been incurred erans of past conflicts were not given the power is usurpation. Time does not alter the by then Governor Bush. It was only the pre- same level of concern that their votes not go truth or veracity of this statement. It only sumption of impending injury that prompted uncounted because they resided in Palm makes its truth clearer to those who can see the court’s action. The Court’s decision had Beach County, and Miami County Florida. and to those who learn the enlightened history the real impact of stopping the counting of We can and will do better if we adopt elec- of this great nation. votes in the State of Florida, a decision that toral reform that enable all Americans to have Our Constitution grants separately the had a direct effect on the outcome of the elec- their vote counted. We can accomplish that in power to legislate, to execute, and to adju- tion. a bipartisan way, Mr. Speaker. dicate, and it provides throughout the docu- Just as the question of standing has impor- Mrs. JONES of Ohio. Mr. Speaker, I ment the means to accomplish those ends in tance in the life of judicial review, so does the thank the gentlewoman from Texas. a manner that would allow each of the Ripeness Doctrine, which defines when a case I now call on my colleague, the gen- branches of government to avoid ‘‘blandish- may be brought before the Supreme Court for tlewoman from the great State of Cali- ments and incursions of the others.’’ The review. In the case of United Public Workers fornia (Ms. LEE). beauty of this document is its goal, which was v. Mitchell, the Court declared that it could not Ms. LEE. Mr. Speaker, I want to to frame a system of federal government by rule in the matter because the plaintiffs ‘‘were thank my colleague from Ohio for her conferring sufficient power to govern while not threatened with actual interference with leadership and for bringing us all to- withholding the ability to abridge the liberties their interest,’’ there was only a potential gether to celebrate Black History of the governed. To this reason, I share Henry threat of interference of their interest. The Month over the last couple of days. David Thoreau’s view that ‘‘Government does Court viewed the threat hypothetical and not As we celebrate Black History not keep the country free.’’ Mr. Speaker, we ripe for review by a court of law. Month, we are reminded that the strug- as citizens must do our part in preserving the In a dissenting view in Bush v. Gore by Jus- gle continues in our country for equal- fundamental freedoms of our country. tice Stevens joined by Justice Ginsburg and ity and justice for all. The recent Pres- The longstanding theory of elaborated and Justice Breyer argued that the ripeness issue idential election reminded us that vot- implemented constitutional power is grounded presented to the Court had already been as- ing rights, the very essence of our de- on several principles chief of which are: the signed to the States by the Constitution. Arti- mocracy, must be protected and en- conception that each branch performs unique cle II, Section 1 of the Constitution defines forced. Many African Americans dis- and identifiable functions that are appropriate that each state shall appoint, in such manner covered that equality and justice did to each; and the limitation of the personnel of as the Legislature thereof may direct, a Num- not apply to them. America has unfor- each branch to that branch, so that no one ber of Electors, equal to the whole Number of tunately repeated a very sad chapter in person or group should be able to serve in Senators and Representatives to which the our history, and we must never repeat more than one branch simultaneously. State may be entitled for the purpose of it again. Thomas Paine argued that Government is choosing the President and Vice President of African Americans had to wait al- not a trade which any man or body of men the United States. most 100 years after the formal birth of has a right to set up and exercise for his own In addition, Mr. Speaker, we cannot deny our country to receive the right to emolument, but is altogether a trust, in right of that all voters do not use the same method of vote. One of the major turning points those by whom that trust is delegated, and by voting. The condition of the Florida election came after the Emancipation Procla- who it is always resumable. was the fruit of this disparity in that the vari- mation in 1863. Less than 3 years later,

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.030 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H377 the 13th amendment was ratified end- bers may have 5 legislative days within We in the CBC will live up to our reputation ing slavery. In 1870, the 15th amend- which to revise and extend their re- as the ‘‘conscious of the Congress’’ and ‘‘the ment was ratified stating that the marks on and to include therein extra- fairness cops’’ of the nation. right to vote could not be denied in neous material on the subject of my Tomorrow, Democrats will announce the this country based on race, color or Special Order. creation of a Special Committee on Election previous conditions of servitude. Many The SPEAKER pro tempore (Mr. Reform to investigate all the flaws plaguing blacks were elected to Congress, two to PUTNAM). Is there objection to the re- our system and take swift action by submitting the Senate from Mississippi, Hiram quest of the gentlewoman from Ohio? recommendations to Congress on how to fix Revels and Blanche Bruce, and 20 Con- There was no objection. the election process. In this vein we must: gressmen. Mrs. JONES of Ohio. Mr. Speaker, I modernize the machinery of voting and pro- Just as the black community began want to take my last minute to wrap vide better training for poll workers and voter to enjoy some newfound political free- up. education; enforce the National Voter Reg- doms in the post-Civil War era, most of This has been a great pleasure for the istration Act and the Voting Rights Act to en- their legal rights diminished after the past 2 days to have an opportunity to sure that more Americans have greater ac- Presidential election of 1876. The host a Special Order for Black History cess to democracy; explore structural reforms Democratic candidate, Samuel Tilden, Month. We decided this year to focus like expanded time for voting, uniform poll won the popular vote and only needed specifically on the whole issue of voter closing times and easier access to voter reg- one additional electoral vote to win the reform and the history of voter dis- istration; and provide models of election sys- Presidency. However, his opponent, enfranchisement that has occurred in tems that work and promote these best prac- Rutherford Hayes, made a deal with this country. tices. the Democratic Party and the white- If I have 30 seconds left, Mr. Speaker, We pledge to do all that we can to move controlled South to remove Union I want to yield to the gentlewoman forward swiftly and pass the best and most troops from the South, which meant from California (Ms. WATERS). relevant recommendations into law soon. the end of enforcement of black rights Ms. WATERS. Mr. Speaker, I thank Mr. Speaker and colleagues, as we focus in that part of the country, including the gentlewoman very much. I would on the election reform we must not lose sight the right to vote. like to share with her how appreciative Hayes won the election and millions of the fact that equal justice includes strug- I am for the time that she has taken to of blacks lost the new rights that they gling for voting rights. To this end, the lack of organize this Special Order for the Con- barely had time to appreciate as the voting rights for my constituents and those of gressional Black Caucus and others South ushered in the period of Jim my colleagues from the other U.S. Territories who wanted to participate. Crow. 120 years later, in the 2000 Presi- and Commonwealths must also be addressed. We did focus on election reform. It is dential election, one candidate won the The fact we are not allowed to directly partici- extremely important. We have a very popular vote and another won the elec- pate in the choice of who will be our Com- rich history in this country of making toral vote. Many African Americans re- mander-in-Chief is fundamentally undemo- sure we correct the wrongs and we open ported numerous problems trying to cratic. The people who live in the Territories up this country to participation by all exercise their constitutional right to are Americans in every respect except, that by vote. of those who would wish to participate virtue of where they live, they don’t get to vote Just as in the 1876 election, Florida in this democracy. When we see a prob- for President or to have voting representation was one of the States at the center of lem, we move to correct it. This focus in the Congress. the voting controversy. In a county in today on election reform is about that. We should be ashamed, that as the only re- Florida a police check was set up which We will be working to make sure we maining superpower in the world and the big- intimidated voters. Others reported correct the problems in the system. gest promoter of democracy abroad, that we that they were told that they were Mrs. CHRISTENSEN. Mr. Speaker, not only afford citizens in our territories less voting purged from the voting polls, even during Black History Month but appropriately, rights that Canada—our neighbor to the though they were indeed registered to as we continue to celebrate Black History north—provides to their citizens in the Yukon vote and had their voting cards with Month for 2001, the Congressional Black Cau- Territory or than France does to the citizens in them. Still others were told they could cus is using this time and the voice that is af- their remaining overseas territories. not vote because they were felons, forded to us as members of this body to come And so, in the spirit and goal of Black His- when in fact they were not. Voting before the country and its leaders to re-issue tory Month, I am committed to working with irregularities occurred outside of Flor- our call to reform the election system. my colleagues in the Congressional Black ida as well, and so the 2000 elections The Presidential election of 2000 will be re- Caucus to urge Congress as a whole, as well showed us that the need to still be vigi- membered by many of our citizens for not liv- as President Bush, to expeditiously come-up lant about this very important right ing up to the promise of ‘‘Democracy for all’’. with and put in place the critically needed remains. It is therefore clear that our election system election reforms that will be developed by the Many men and women died for the must be fixed as it relates to the election of Special Committee on Election Reform of the right to vote. This is part of black his- the President—but equally important, to en- Democratic Caucus and by this Caucus, in- tory, it is a part of American history. sure that all Americans are afforded their right cluding providing voting rights to the people of We will not take the hard-fought right to use. the Territories. to vote for granted. African Americans Last November, many Americans, especially In closing, I want to commend my col- had to wait almost 200 years for the African-Americans, either saw their legally cast league, STEPHANIE TUBBS JONES, for orga- full legal and enforced right to vote in votes not counted or encountered a mired of nizing this Special Order tonight. this Nation. We will not see those obstacles that prevented them from being able Mr. CROWLEY. Mr. Speaker, seventy-five rights taken away. to vote. years ago, Dr. Carter G. Woodson, a noted In closing, let me just say to my col- What occurred in the state of Florida last African American historian and scholar, found- leagues and to all here today that we November, as well as in many other places in ed Negro History Week. He wanted to create want to remember and to thank the our country and which has occurred in election an occasion for African Americans to remem- Congressional Black Caucus for this after election—must never be allowed to occur ber, honor and celebrate the accomplishments Special Order because it is so impor- again. and achievements of their ancestry. tant that we focus on Black History According to the NAACP, irregularities rang- As I stand before you on this diamond anni- Month and remember the long hard ing from the ridiculous—such as calls being versary, all that I can say is—what a great tra- battles many African Americans and made to primarily Black and Hispanic commu- dition this has become. other Americans have fought for basic nities suggesting that the NAACP was calling African American Heritage month is impor- civil rights in our country. We should to urge people to vote for President Bush—to tant because it provides an opportunity for all learn from our history so that we are specific complaints, from the time the polls American families and communities to come not doomed to repeat some of the were opened until they were closed, about po- together and reflect upon the contributions Af- major miscarriages of justice. lice stops, actual polling places being moved, rican Americans have made to this great GENERAL LEAVE or the young and old being told that they country. Mrs. JONES of Ohio. Mr. Speaker, I weren’t registered to vote when clearly they Earlier this week, I invited one of my col- ask unanimous consent that all Mem- were. leagues and close friends—Congressman

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HAROLD FORD, Jr. of Tennessee to join me at Capitalizing on the boycott’s initial success, Lastly, honoring the history of the Mont- my 2nd annual African American Heritage local ministers and civil rights leaders met to gomery boycott reinforces the fact that civil Month Celebration. organize themselves as the Montgomery Im- rights require our attention at all times. We This year’s celebration was dedicated to Af- provement Association. As important as the must be vigilant at all times, to ensure that no rican American Economic Development and founding of the organization itself, the group person is every discriminated against on the empowerment in the New Millennium. elected King as president, and the group basis of the color of his or her skin. It may not Everyone who attended the event that quickly moved on a unanimous vote to con- always be easy, but the path has been laid evening had a good time. Each year, I enjoy tinue the boycott indefinitely. out clearly for us. Collectively, we must com- celebrating this great tradition and look for- Bus boycotts had been held before for short mit ourselves to the protection of each per- ward to it. periods of time in other Southern cities, so son’s unalienable rights to ‘‘life, liberty, and African Americans have such a rich heritage local authorities were not expecting the Mont- the pursuit of happiness.’’ and culture. Neither my district, the Seventh gomery boycott to last very long. However, the Mr. CONYERS. Mr. Speaker, I commend Congressional District of New York nor this resolve shown by the community was extraor- the gentlelady from Ohio, Congresswoman country would be what it is today without the dinary. The Montgomery Improvement Asso- STEPHANIE TUBBS JONES, for convening this rich contributions of African American heritage ciation even organized a ‘‘private taxi’’ plan, critically important special order today. It is and culture. I am proud to say that I represent under which blacks who owned cars picked up very appropriate that Members of the Con- the district that both Louis Armstrong and Mal- and dropped off blacks who needed rides at gressional Black Caucus take this time to colm X lived until the very last days of their various points throughout the city. honor Black History Month, and more specifi- lives. Maintaining the boycott was not easy. Local cally, our nation’s ongoing struggle to fulfill the In the aftermath of the 2000 Presidential leaders had their homes bombed, and private promise of democracy. election, many African Americans throughout taxi drivers were arrested on trumped up traf- When I first ran for Congress in 1964, I ran this country find themselves engaged in an- fic charges. Each day that it continued, at- on a platform of ‘‘Jobs, Justice and Peace.’’ I other struggle. tempts were made to break the boycott, which never thought at that time that the funda- While the civil right’s movement ended had hurt downtown businesses considerably. mental plank of justice, the right to vote, would some time ago the struggle for equal justice In court, black residents of Montgomery remain the primary issue before us 37 years and equality still continues. pushed hard for complete integration of the later. I never would have thought then that After this past election, too many people of city’s buses. Because the Brown versus Board there would be cases of voter intimidation, dis- color felt that the votes they casted were not of Education decision said that the ‘‘separate enfranchisement and confusing ballots in the counted. but equal’’ doctrine had no place in public 21st century. Some even felt that there was an organized education, Montgomery’s residents argued Like most Americans, I wanted to believe effort to disenfranchise their votes and keep that the doctrine had no place in any public fa- that our system of justice would do all that it them from the polls. cilities. On November 13, 1956, the United could under current laws to ensure the right to The problems of this past election are far States Supreme Court declared bus segrega- vote, particularly the right of African Americans too reminiscent of the problems African Ameri- tion unconstitutional. Montgomery’s black resi- and other historically disenfranchised voters cans had to face prior to the passage of the dents returned to the buses after the Supreme will be protected. Unfortunately this was not Civil Rights Act of 1964 and Voting Rights Act Court mandate had been enacted in Decem- the case in the 2000 presidential election. of 1965. ber of that same year—a full 382 days after Therefore I have joined with several of my So while we celebrate, we must remember the protests began. colleagues in the Congress to begin the pains- that the fight for equal rights, justice and Trying to put the Montgomery boycott into taking task of looking at reform of our system equality must continue. perspective is not an easy task, but I would of voting from the top down and from the bot- I believe that all leaders, regardless of their argue that there are three key points to be tom up. party affiliation, race, religion or creed must do made when discussing its legacy. First, the So, as we celebrate the history of African- all that they can to ensure all Americans are ascension of Dr. Martin Luther King as a lead- Americans, we should commit ourselves to protected under the laws of this great nation. er is of the utmost importance. The boycott fight harder for the future of all of America. As I stand before you here this afternoon, I gave Dr. King a leadership position within the This Congress and the current Administration, pledge to do all that I can to ensure that these national movement, and he quickly became an must make real, true election reform their top rights are protected for African Americans and international symbol of tolerance who worked priority. all Americans regardless of their race, religion tirelessly for the advancement of civil rights. DEMOCRATIC CAUCUS SPECIAL COMMITTEE AND or creed. It should also be noted that the work of the CONGRESSIONAL SPECIAL COMMITTEE I would like to thank my colleagues in the work of Dr. King was extraordinary because of Today, Democratic Leader GEPHARDT an- Congressional Black Caucus, especially Rep- his effectiveness at drawing support to the nounced the formation of a Democratic Cau- resentative TUBBS JONES for allowing me this movement. He built a groundswell of support cus Special Committee on Election Reform, time this afternoon. by recruiting like-mined people throughout the chaired by Congresswoman MAXINE WATERS, Mr. VISCLOSKY. Mr. Speaker, I rise today South across the normal barriers of race, age, and Co-chaired by myself, STENY HOYER and to celebrate Black History Month with my col- and religion. A good example of this is the a number of our colleagues who have com- leagues. As we approach the 45th Anniversary creation of the Student Non-violent Coordi- mitted themselves to this task. The Demo- of the arrests in which many of Montgomery’s nating Committee in 1960, where King re- cratic Caucus is committed to working on solu- African American leaders, including the Rev- cruited both black and white college students tions, not rehashing the past. erend Dr. Martin Luther King, Jr., were in- to lead boycotts, sit-ins, and marches for the We are hopeful that Speaker HASTERT will dicted, tried, and convicted under an old law cause of civil rights. appoint a Congressional Special Committee prohibiting boycotts, it is important for us to re- Secondly, the Montgomery boycotts are an soon and look forward to working with him and member that the quest for civil rights is an on- important aspect of America’s history because all of our Republican colleagues on a non- going journey. they caught the attention of the entire nation. partisan basis. The Montgomery Bus Boycott officially The massive scale and duration of this protest began on December 1, 1955, when Rosa was widely reported, heightening public NATIONAL ROUNDUP OF VOTER IRREGULARITIES Parks, a seamstress and civil rights activist, awareness to the lack of the civil rights of Afri- From reports that flawed felony voter was arrested for disobeying a city law that re- can-Americans. ‘‘purges’’ may have erroneously quired blacks to give up their seats when As the first organized mass protest by disenfranchised thousands of African-Amer- white people wished to sit in those seats or in blacks in Southern history, the Montgomery ican voters to allegations of voter irregularities the same row. After this arrest, a chain of boycotts also set the tone for the rest of the across the nation, we agree that the razor-thin events unfolded that had an undeniable im- movement. The boycott’s effectiveness dem- margin in the 2000 Presidential election illumi- pact on American society. onstrated the power of nonviolent direct action nated serious flaws in our electoral system. African-American community leaders quickly in the quest to end Southern segregation. Here are just a few of the problems encoun- urged all blacks to stay off the city buses on Similar nonviolent protests and actions, includ- tered by voters in the past election: the day that Parks’ case was due in court. Dr. ing the important luncheon counter sit-ins that PROBLEMS IN FLORIDA King later wrote, ‘‘a miracle had taken place’’ took place throughout the South at segregated The Problems in Florida are well known. when all the buses in Montgomery were empty stores and restaurants, can be traced to the From butterfly ballots that no one could under- the following morning. Montgomery boycotts. stand, to police roadblocks near polling

VerDate 14-FEB-2001 03:47 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\A14FE7.037 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H379 places, to overbroad felony voter purges, Flor- checkpoints near polling places, and the wide- The issue of electronic voting, using ida showed the system is broken. spread problem of overbroad felony voter technologies for the future, having a THE PROBLEM WAS NOT JUST IN FLORIDA—IT WAS purges. The best voting machines in the world uniform standard, even if it is not a NATIONWIDE won’t do any good if they don’t let legal voters uniform manner of casting ballots and In Georgia, ‘‘Lines too long’’ was the single vote. counting them, is essential. We must most commonly heard complaint from voters. We should have more vigorous investigation be very proactive in making sure that Citizens in some communities waited at the and enforcement of civil rights laws and gov- the people in all of our communities, polls for two hours or more, and some metro ernment aid to states should be contingent including the African American com- Atlanta voters did not cast ballots until after upon affirmative steps by states to comply munity, know that when they vote, 11:00 p.m.—a more than four-hour wait. Con- with those laws. they will be counted, that indeed they tributing factors in some polling places were The most obvious problem for states and lo- do count. poor layout, a shortage of well-trained poll calities has been an inability or unwilliness to We must be aware of the fact that workers, and a shortage of poll locations. fund 21st Century election technology. The some of the technology may increase In Louisiana, people who claimed that they federal government needs to step in and pro- the disparity that we have, so I caution were prevented from voting because their vide assistance to states to replace old voting us as we go forward to involve our- voter registration at local driver’s license bu- machines. selves in those technologies which in- reaus under the ‘‘motor voter’’ law never got But we need to help states do more than crease participation and which are processed. According to the Registrar of Vot- that. States need better trained poll workers more uniform in their standard rather ers, dozens of voters in Jefferson Parish alone and better educated voters. than again advantaging those who have found themselves with no designated precinct We need to ensure that polling places ac- more resources with technology at to go to. On the west bank of New Orleans, cessible to persons with disabilities. More than home. there were 75–100 calls from people who that, it is unthinkable in the year 2001 that we So while we have big challenges claimed to have changed their address, but have not implemented technology that allows ahead, again we are blessed with the were not in the Registrar’s records. And in St. a seeing impaired person to cast an inde- resources, the human resources of the Tammany, Registrar of Voters M. Dwayne pendent secret ballot. The federal government Congressional Black Caucus in this Wall said that approximately 100 people called can provide financial assistance and encour- Congress. And I want to point with because of apparent problems with the De- agement in this area as well. pride to a newly elected member of our partment of Motor Vehicles registration proc- We need to use federal dollars to encour- Board of Supervisors in San Francisco, ess. age states to make democracy easier, by im- Sophie Maxwell. She comes from a In Missouri, it was contended that many reg- plementing same day registration procedures. proud tradition. Her mother, Enola istered voters were inaccurately stricken from And there is a ‘‘data gap.’’ No unbiased en- Maxwell, is very active in education the rolls after a mail canvass. They also allege tity is testing voting machines. There has been and other social and economic justice that procedures for re-registering those ‘‘inac- no rigorous study of whether other innova- issues in our community. Sophie is a tive’’ voters were too cumbersome, and that tions, such as an election day holiday, are member of the Democratic State Cen- many polling places were understaffed or had needed. We need to study these issues very tral Committee. She has been a leader no telephone contact with the board’s down- carefully and very quickly. on issues in our community. She has town headquarters. In short, Congress needs to act and it made us, and will make us, all very And in my home state, voters complained needs to act soon before these incidents are proud. that the polling places had undertrained ad- repeated in the 2002 elections. But back to the Congressional Black ministrators and long lines. Together we have fought to end voting dis- Caucus, I want to thank them for what STORIES OF ELECTION DAY PROBLEMS enfranchisement and secure racial justice in they are doing. It is important to the In New Orleans, voters were not allowed to the electoral arena. Today, the fight continues. black community and important to the vote because their voter registration at local The voice of each American must be allowed Black Caucus, and it is important to driver’s license bureaus under the state’s to be heard in our democracy. our great country. motor voter law never got processed. Leslie f With that, Mr. Speaker, though I have so much more to say but only a Boudreaux moved from one precinct and reg- BLACK HISTORY MONTH istered. However, she was turned away at her little time, I wish to yield to a great polling place. The SPEAKER pro tempore. Under a leader, someone we are very, very In Portland, Maine, it appears that as many previous order of the House, the gentle- proud of in California, she is a national as 15,000 voters were illegally purged from woman from California (Ms. PELOSI) is leader on this and so many other sub- voting rolls and were forced to wait in long recognized for 5 minutes. jects important to strengthening our lines at City Hall to register again and vote. Ms. PELOSI. Mr. Speaker, I thank country and making the future bright- One voter forced to stand in line, Shirley the gentleman from Michigan (Mr. er for all of America’s children, the Lewellyn, said she was ‘‘mad as hell’’ about SMITH) for his kindness in allowing me gentlewoman from California (Ms. WA- having to stand in a long registration line when this time, and I want to join others in TERS). she wanted to be with her husband, who was commending the Congressional Black Ms. WATERS. Mr. Speaker, I want to undergoing minor eye surgery. ‘‘I’ve voted for Caucus and our colleague, the gentle- thank my colleague, the gentlewoman 20 years at [my precinct], and when I went woman from Ohio (Mrs. JONES), for her from California (Ms. PELOSI), for her there this morning, they told me I wasn’t on leadership in calling this Special Order generosity in sharing her very limited the list.’’ today. time with me so that I will have an op- In Columbia, South Carolina, some reg- Nothing speaks to the contribution portunity to continue my remarks on istered voters said they were turned away made by the African American commu- this very important issue of elections from the polls, while others said they were in- nity to our great country than the elo- and election reform. timidated by poll workers and NAACP poll quence that we heard on this floor I am very proud to announce that the watchers were asked to leave poll sites. today from our Members and the fine minority leader, the gentleman from In Boston, Mass, a volunteer who was giv- record of achievement by the African Missouri (Mr. GEPHARDT), today ap- ing voters rides to the polls received a call American community and the members pointed me to serve as the chairperson from an amputee for a ride to the polls. The of the Congressional Black Caucus to for a Democratic Caucus special elec- caller stated that he had attempted to vote at Congress over time. tion reform committee. I am honored the polling place he had voted a year before The focus today on this celebration to accept that appointment and to and was turned away. The volunteer drove the of Black History Month has been elec- work with the vice chairs of that com- man to four different poll sites and were tion reform. My colleagues, including mittee to travel across this country turned away each time. Only at the last poll the gentlewoman from California (Ms. holding town halls, workshops, and site were they told that the first poll site, the LEE), talked about the history of vot- meetings where we will listen to the one the man had visited initially, was the cor- ing rights in this country and how Afri- people. We will hear from the people rect one. can Americans first got those rights the problems that they are experi- THERE ARE SOLUTIONS and what the struggle has been. Now, encing in their States and in their ju- Most importantly, we must address the in- as we look to the future, we must im- risdictions as it relates to the elections stances of voter intimidation, such as police prove. process.

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.040 pfrm02 PsN: H14PT1 H380 CONGRESSIONAL RECORD — HOUSE February 14, 2001 We were focused on the problems of spending, with Medicare at 11 percent. up to our kids and our grandkids to pay the election system in Florida in this Medicare is even growing because we back. recent election, and we were amazed at are talking now of how do we add some Without reform, Social Security the disenfranchisement that took place prescription drug coverage to Medi- leaves our kids a legacy of debt larger there in so many different ways. But care. So we are looking at the chal- than we have today. Right now, of the we have come to understand that it is lenge of the Federal Government’s ex- $5.7 trillion, $3.4 trillion is so-called not simply Florida, but everywhere we penditure and the Federal Government Treasury debt, Treasury bonds, Treas- look in this country we can point to getting bigger. That means more impo- ury paper. It is so-called the debt to problems. Those problems include dys- sition on individual rights. It is giving the public, the public borrowing. The functional voting machines, long lines more empowerment to Congress and rest of the debt is debt that we borrow where people are waiting to vote that the White House, and it is taking away from the trust fund. Roughly $1.1 tril- cannot get in before the polls close. We authority and authorization and power lion comes from the Social Security saw the butterfly ballot, and we from individuals. trust fund that the Government has borrowed that extra money coming in learned that that was kind of the deci- b 1645 sion of one person. We saw in Florida, from Social Security taxes and spent it for example, that one person in the So the first question it seems to me on other programs. elections office could determine that should be, how high should taxes be? Yesterday we passed a bill to make absentee ballots or requests or applica- Mr. Speaker, I would ask our listen- sure that we do not do that this year. tions could be taken out from the of- ing audience to give us a guess in their And then there is $1.2 trillion that is fice to be taken home to be worked on. own mind of how many cents out of from all of the other 119 trust funds. We saw all kinds of things. every dollar they earn goes for taxes at And so, most of what we are doing with So we are going to go around the the local, State, and national level, the extra money coming in from the country, and we are going to hear what percentage of what you earn goes trust funds, we are writing out an IOU more. We are going to hear about con- in taxes. and we are using those dollars to pay solidations that eliminate the ability Well, if you are an average American down the public debt. for people to participate. Again, we taxpayer, a little over 41 percent goes But when the baby-boomers start re- have a lot of work to do. We will be in taxes, 41 cents out of every dollar tiring around 2008, then we are looking doing that, and we hope that everyone you earn. When the seniors graduate at a situation where there is not going who would like to be involved can be next year or when they finish college to be enough money coming in from involved in this. or high school and go into the job mar- Social Security taxes to pay benefits. ket, on average they are going to be f So what do we do? shelling out 41 cents of every dollar Well, what Washington has done in SOCIAL SECURITY they earn in taxes, taking the first 4 the past is increase taxes. I think it is The SPEAKER pro tempore. Under months out of every year proportion- important that we deal with Social Se- the Speaker’s announced policy of Jan- ately to pay taxes. curity now so that we do not rely on uary 3, 2001, the gentleman from Michi- And, of course, everybody is now con- tax increases in the future. gan (Mr. SMITH) is recognized for 60 sidering their Federal tax bill. They And that is why we have this curve. minutes. are looking at the taxes. If they have As we pay down the debt held by the Mr. SMITH of Michigan. Mr. Speak- some investment in some mutual public, eventually we are going to have er, I am a farmer from Michigan, and I funds, they are getting notices on their to start borrowing again to pay Social know that you are as well in your 1099s that they have a capital gains tax Security benefits and Medicare bene- State of Florida. to pay, even though the value of that fits, and that is going to leave our kids Agriculture today and the plight of mutual fund might have gone down in with that huge debt load. farmers is one of the serious issues be- this past year. The temporary debt reduction plan fore Congress. Another serious issue So the question then becomes, how does little more than borrow the Social that is sort of the overriding consider- do we have tax fairness? It would be Security surplus to repay the debt held ation of where we go in the next sev- my suggestion that we make every pos- by the public; and when the baby- eral months is how high should taxes sible effort to reduce taxes from that 41 boomers retire. Social Security sur- be in this country and how should gov- percent down to at least 35 percent. pluses disappear and Federal debt ernment spend that tax money that That is what made this country great again soars. comes down here to Washington as we is the fact that you are going to get Again on the debt, for the whole load decide on the priorities for spending. some reward for your efforts to save of hay, we see now that this is roughly This first chart is a pie chart that and invest to try to maybe get a second the division of that $5.7 trillion of debt. shows the different pieces of pie, or the job or a second part-time job so you But over time, if we keep borrowing percentage of spending this year that can take care of your family. money from the Social Security trust goes into several categories. Social Se- Well, we now have a tax system that fund and Medicare trust fund and other curity takes 20 percent of all Federal says, look, not only are we going to tax trust funds and use that money to pay spending. Social Security is the largest you at the same rate if you get a sec- down the debt held by the public, then expenditure that we have in the Fed- ond job, we are going to tax you at a the debt held by the public continues eral Government. Of course, the people higher rate if you start earning more to diminish, but the Social Security at risk are the young people today that money. I think there is a lot to do on trust fund debt and the Medicare trust are going to be threatened with huge tax fairness. I think there is a lot to do fund debt are still there. There is not increases in taxes or reduced benefits on tax simplification. enough money there to pay the bene- in Social Security benefits. But I want to spend a little time fits that are going to be required after Out of the approximately $2 trillion talking about where we go on finances, the baby-boomers retire. that we will be spending this year, 2001, and part of that question is how large That is demonstrated in this chart. 20 percent goes to Social Security. The should the Government debt be in this In the top left, we see a momentary next highest is 12 appropriation bills. country. surplus in Social Security taxes com- Twelve of the appropriation bills all to- Right now the debt today is $5.69 tril- ing in. Right now your Social Security gether, what we spend a half a year ar- lion, almost $5.7 trillion of debt. I am a taxes are 12.4 percent of essentially ev- guing on, spending for so-called discre- farmer, as I mentioned, and our tradi- erything you make. But when the tionary spending, discretionary mean- tion on the farm has been to try to pay baby-boomers retire and go out of the ing what Congress has some discretion off some of that mortgage to leave pay-in mode to recipients of Social Se- over, is 19 percent of the budget. The your kids with a little better chance. curity, then the problem really hits us other 13th appropriation bill is defense, But what we are doing in this country from twofold, a tremendous increase in and that takes 17 percent. right now, in this body, and the Senate the number of retirees that are going But here is Social Security now tak- and the White House is borrowing all of to be taking Social Security benefits ing much more than even defense this money and we are going to leave it and a reduced number of workers that

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.100 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H381 are paying in their taxes to cover the brought in futurist experts on health and there was a tremendous increase in cost of that program and starting. and on medicine, and their guess was birth rate and at that time, of course, Starting around 2012, there is going that within 20 years, anybody that we had that huge increase in popu- to be an insufficient amount of Social wanted to live to be 100 years old would lation. We had problems in building our Security taxes coming in, so we are have that option, and their estimate schools and building up our education going to have to come up with money was that within 40 years anybody that system and the kind of services nec- from someplace else. wanted to live to be 120 years old would essary to deal with that expanding pop- What we have done on several occa- have that option. ulation, and Social Security worked sions that I think should make every I mean, what does that mean in all of very well as an expanded workforce, American very concerned is that we our individual lives? What does that paid in those taxes, and those taxes im- have either increased taxes and/or re- mean for our kids? What does that mediately go out to pay the benefits of duced benefits. We did that in 1977. We mean in terms of the importance of existing retirees. did it again in 1983 when we revised the making the changes now to keep Social b 1700 Social Security system. Security solvent in the future? This red, by the way, represents $9 The personal retirement accounts Social Security spending exceeds tax trillion of unfunded liability. That is that a lot of people have talked about revenues starting technically in 2015, why I think it is so important and I and some people have said to me, well, and that is when the problems really have urged this administration and, of now is not the time to talk about indi- hit us. If there was a Social Security course, I encouraged for the last 8 vidually owned accounts because look trust fund, then the Social Security years the previous administration to what the stock market has done over trust fund would keep Social Security move ahead with some changes in So- the last 12 years. solvent until 2034 or 2035. cial Security that will keep Social Se- The fact is that an average person re- But let me spend just a couple of curity solvent. tiring from Social Security 5 years minutes on what the Social Security I mean, if we take a trillion dollars from now is going to get a 1.1 percent trust fund is. You pay in currently 12.4 out of this total $5.6 trillion that we return on the money that was paid in percent of the first roughly $80,000 you are now guessing is going to be there that they paid in and their employer earn in Social Security taxes. For the over the next 10 years and we use that paid in. Right now the average is 1.7 last almost 6 years now, there has been trillion to start some real returns on percent. But as taxes go up, the per- quite a huge surplus on the taxes com- some of that money, we can save Social centage and the likelihood that you are ing in as opposed to what was needed Security and keep it solvent for the going to get that money back is going to pay benefits. next 75 years. to diminish. Again it is a pay-as-you-go program. If we put it off, that means that we And so, the question is, can we do Taxes come in and by the end of the are going to have to be even more dras- better than getting a 1.1 percent or week, they are sent out in benefits al- tic in the future to make these even a 1.7 percent return on some of most. We are dealing with a situation changes. In other words, the longer we that money? where the government then writes an put off the solution to Social Security, The other danger is, so, if we can put IOU, but you cannot cash in that IOU. the more drastic those changes are it into individual accounts where work- It is nonnegotiable. They write the going to have to be. ers of America own that account and IOU, and say we are borrowing this I mentioned $9 trillion in today’s dol- own that money so that when the prob- money; and for the last 42 years, gov- lars. The unfunded liability means that lems in Washington make Members of ernment has been spending any surplus we would have to put $9 trillion into a Congress and the Senate and the Presi- that came in from Social Security on savings account today to earn enough dent feel that other spending is more other government spending. money in interest to pay benefits to important, that we do not again cut Starting last year, for the first time, add to what is going to come in in So- Social Security benefits. and I introduced a bill in the spring of cial Security taxes to keep Social Se- So there is some security in having 1999 that said we would have a rescis- curity solvent for the next 75 years. this in individual accounts. And we can sion or we would cut all spending if we When Franklin D. Roosevelt created put it in safe investments. We brought started digging into the Social Secu- the Social Security program over 6 in experts into our Social Security rity surplus, that ended up with the decades ago, he wanted it to feature a Task Force that said, look, we can lockbox bill of the gentleman from private sector component to build re- guarantee a 4.2 percent return and California (Mr. HERGER). tirement incomes. Social Security was guarantee that you will have at least a We passed that again just yesterday, supposed to be one leg of a three-legged 4.2 percent return on the way we are a lockbox bill that says we are not stool. going, we can invest your money. going to use the Social Security sur- I have some of those old brochures Some other insurance companies plus for any spending. But now there that I have looked up in the archives have higher rates. Some others have are a bunch of IOUs in a steel file box where it says, look, Social Security is lower rates. But the fact is that a CD down there that technically says the one-third of what should be at your bank, other investments that government has borrowed this money. everybody’s effort to have a secure re- are secure, can do a lot better than The question then becomes, when So- tirement, one-third from Social Secu- that 1.1 to 1.7 percent return. cial Security needs the money, how is rity, one-third from your individual The fact is that the Supreme Court, it going to pay it back? It is going to savings and investment, and one-third on two decisions now, has said that do one of three things. To come up from some kind of a pension plan that there is no entitlement to Social Secu- with that money to pay it back for he encouraged everybody to partake in. rity. On two decisions the Supreme benefits, it is either going to reduce But right now we have almost 22 per- Court says Social Security taxes are the cost of Social Security, in other cent of our Social Security recipients simply another tax. Social Security words, lower benefits so there is not so that depend on Social Security for 90 benefits are simply another law that much to pay back or they are going to percent or more of their total retire- Congress has passed, and the President reduce other spending or they simply ment income. has signed to have a certain benefit borrow more money. So if there is one message in all of structure and, therefore, there is no en- You remember that earlier chart, this talk about Social Security, if titlement or no necessary connection how we are going to leave our kids this there is one message we can drive between the two. huge debt. That is because to pay So- home: it is the importance of saving I think that should make us nervous, cial Security benefits, we are going to now for your retirement. also. have to borrow those huge amounts of Let me tell you another reason. I Social Security is a system stretched dollars. By huge, I mean over the next chaired the Social Security Task Force to its limits. Seventy-eight million 75 years, borrowing or somehow coming here in Congress for the last couple of baby-boomers will begin to retire in up with $120 trillion. Remember, our years in the Committee on the Budget, 2008. Of course, the baby-boomers after total budget this year is $2 trillion. and the Social Security Task Force World War II, the soldiers came home Over the next 75 years, coming up with

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.102 pfrm02 PsN: H14PT1 H382 CONGRESSIONAL RECORD — HOUSE February 14, 2001 $120 trillion in excess of what is coming between now and 2057, over the next 56 ance out everything else. On average, in in Social Security taxes to pay the years. This chart is simply to represent as I mentioned, it is 1.7 percent with a benefits that are currently promised. that that $3.4 trillion debt and roughly market return of over 7 percent. You can see now it is a huge problem. the 5 percent interest on that debt is This is a chart, I thought to dem- Nobody knows quite how to solve this not going to accommodate the huge onstrate this point, the fact that it is problem. So we keep putting it off. The shortfall in Social Security. not a good investment, it is not a good danger of this legislative body, of Some people have suggested, look, if idea, and again let me make sure that course, is until a crisis is almost on us, we can keep the economy going strong, everybody understands, Mr. Speaker, we do not react in solving some of the that will help solve our Social Security that in all of the proposals to solve So- tough problems. That is why it is so problems. It helps solve the Social Se- cial Security, none of those proposals important, Mr. Speaker, that the curity problems in the short run, but touch the disability and survivor bene- American people understand how dra- because there is a direct relationship in fits. So that portion of the Social Secu- matic, how challenging the problem is the Social Security benefits you re- rity that goes for disability, if you get of keeping Social Security solvent. ceive to the wages that you pay in, in hurt on the job, then you get some ben- Insolvency is certain. We know how the long term it does not help the prob- efits the rest of your life, or if you die many people there are and when they lem, because the more you earn and and your spouse or your kids need help, are going to retire. It is not some kind the more you pay in, eventually the none of the proposals nor the three of economic projection. The actuaries higher the benefits you are going to be bills that I have introduced over the over in the Social Security Adminis- entitled to. And spelling this out, So- last 8 years, none of the proposals dig tration know absolutely how many cial Security benefits are indexed to into that survivor disability portion of people there are. Their estimate of how wage growth. When the economy the package. long people are going to live is very, grows, workers pay more in taxes but But to get back all of the money that very accurate; and we know how much also will earn more in benefits when you and your employer have paid in is they are going to pay in and how much they retire. Growth makes the num- going to take anybody that retires in they are going to take out in Social Se- bers look better now but leaves a larg- the next several years, it is going to curity. Payroll taxes will not cover er hole to fill later. Any administra- take 23 to 26 years that you are going benefits starting in 2015, and the short- tion has got to realize that saying that to have to live after retirement to falls will add up to $120 trillion be- we are going to pay down the public break even, to get back the money you tween 2015 and 2075. debt to save Social Security is not and your employer put in. Because This other chart shows the paying-in going to do the job. taxes have gone up so dramatically, problem. This is the demographics, the Helping me is a page by the name of that is why this graph has gone up and changing makeup of our population. Martha Stebbins. Martha is from New you are going to have to spend more Back in 1940, there were approximately Hampshire. I was up in New Hamp- time and live longer after you retire to 30 people working paying in their So- shire, Martha, and bought some maple break even. Of course, if you happened cial Security tax for every retiree. syrup last summer. It is very good, but to retire in 1940, it took 2 months to Today, there are just three people we make maple syrup in Michigan, too, get back everything you put in. In 1960, working paying in their Social Secu- that is pretty good. In fact, we make 2 years. Today it takes 23 years. You rity tax for every one retiree. And over some maple syrup on my farm. have got to live 23 years after you re- on your right, you see by 2025, the esti- Back to business. The biggest risk is tire to break even and get the money mate is that at that time there are doing nothing at all. Social Security back that you and your employer paid only going to be two people working has a total unfunded liability of over $9 in in Social Security taxes. for each retiree. Two people working trillion. The Social Security trust fund This chart represents how we have for each retiree. A huge challenge, a contains nothing but IOUs. To keep increased taxes over the years. So peo- huge potential to increase those taxes paying promised Social Security bene- ple that say, well, you know, politi- on those two workers. As you increase fits, the payroll tax will have to be in- cians that have to run for reelection taxes, of course, you discourage eco- creased by nearly 50 percent or benefits would not dare to increase taxes again nomic development. will have to be cut by 30 percent. Nei- because already 75 percent of working There is no Social Security with your ther one should be an option of this Americans pay more in the Social Se- name on it. As I give speeches around Congress or the Senate or the Presi- curity tax than they do in the income the country, a lot of people think that dent. tax. Seventy-five percent to 78 percent there is somehow an account that is in How about investing the money? How of Americans today pay more in Social their name that entitles them to Social big a risk is it? The diminishing re- Security tax, 78 percent if it is the Security benefits. This is a quote from turns of your Social Security invest- total FICA tax, than they do in income the Office of Management and Budget ment. Right now, this chart represents tax. of the United States Government. They what you might get back in terms of And it is a very regressive way to say: ‘‘These trust fund balances are Social Security benefits based on what tax. Yet this country has substantially available to finance future benefit pay- you and your employer paid in, or if increased that tax. In 1940, we had a 2 ments and other trust fund expendi- you are self-employed, what you paid percent rate. That meant the employer tures, but only in a bookkeeping sense. in. paid 1 percent and the worker paid 1 They are the claims on the Treasury The real return of Social Security is percent on the first $3,000. The max- that, when redeemed, will have to be fi- less than 2 percent for most workers imum for the year for both employee nanced by raising taxes, borrowing and shows a negative return for some and employer were at $60 a year. from the public or reducing benefits or compared to over 7 percent for the By 1960, we raised the rate to 6 per- other expenditures.’’ market on the average over the last 100 cent, raised the base to $4,800; and the I thought I would throw that quote years. If you look at just the last 10 maximum was $288 a year. In 1980, we in, Mr. Speaker, to reaffirm the point years, then we are looking at returns raised the rate to 10.16 percent on a that I was just trying to make earlier, that exceed 14 percent. It is a negative base that was increased to $25,900. So that having the Social Security trust return, by the way, for minorities. the maximum went up to $2,630 a year. fund and pretending that somehow that So if a young black male today be- Today we have a 12.4 percent tax, 6.2 is the solution out there is fooling our- cause they have a shorter life span, for the employee and 6.2 for the em- selves. It is fooling the American peo- they spend their life paying into Social ployer on, since it is indexed is now up ple. Security, but then die and might get a to $79,000, on the first $79,000, so the The public debt versus Social Secu- $200 death benefit, but they essentially maximum total is about $10,000 a year. rity shortfall. Some have suggested lose all their money. If some of this This is our history of every time gov- that if we paid back the debt held by money was in their own account, then ernment has got into trouble where the public, now $3.4 trillion, somehow it would go to their heirs and it would they needed more money than was pro- that savings on interest is going to ac- not be simply kept by the Federal Gov- vided by the revenues and the benefits commodate the $46.6 trillion shortfall ernment saying, well, this helps bal- that have been expanded, of course,

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.104 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H383 over the years, then we ended up in- beneficiaries, allow freedom of choice. I represented the United States in de- creasing taxes. And twice, in 1977 and In other words, if you do not want to scribing our pension retirement system in 1984, we also reduced benefits. go with any kind of a private invest- in an international forum in London a This is what I was mentioning in the ment plan that will be limited to safe couple of years ago, and it is inter- FICA tax. So the FICA tax, 12.4 is So- investments by law and you want to esting the number of countries that are cial Security; and the rest of the 15-odd stay in the current system, you can. It ahead of us in terms of allowing their is Medicare. So a total of a little over preserves the safety net, because we workers to own personal retirement ac- 15 percent goes in your payroll tax. are not going to allow anybody to go counts. Right now 78 percent of American without food or shelter in this country. In the 18 years since Chile offered the working families pay more in the pay- It makes Americans better off, not PRAs, 95 percent of Chilean workers roll deduction in the FICA tax than worse off; and it creates a fully-funded have created accounts. Their average they do in income tax. What I am try- system, and no tax increase. rate of return has been 11.3 percent per ing to do with that chart is shout that Personal retirement accounts offer year. Among others, Australia, Britain, it would be very unfair to again raise more retirement security. Switzerland, all offer worker-PRAs. those taxes. But if we do not deal with If I have to take a drink of water, The British workers chose PRAs with Social Security now and we say, look, that probably means that I have talked 10 percent returns, and two out of three we are just going to use the Social Se- almost long enough, and maybe the lis- British workers enrolled in the second- curity surplus to pay down the debt tening audience has listened long tier social security system. They are held by the public, that $3.4 trillion to enough, so I am going to finish the last allowed to have half of their social se- accommodate the $50 or $60 trillion few slides. curity taxes go into these personal re- shortfall in Social Security and pre- Personal retirement accounts offer tirement accounts, and they have been tend that somehow that is going to fix more retirement security. If John Doe getting 10 percent-a-year return. Social Security, I think it is not fair to makes an average of $36,000 a year, he Again, that compares to our Social Se- ourselves to say that and I think it is can expect monthly payments in Social curity return, currently at 1.7 percent. not fair to the American people to Security of $1,280, or from a personal This is what has happened in equity think that that is going to be a possi- retirement account he can expect investments over the last 100 years. It bility. $6,514. is a graph of the ups and downs of the When we passed the Social Security These are the six principles of my So- returns on equities. Some bad years, in law back in 1934, we said that States cial Security bill that I have been in- the early 1920s, during the Depression, and local governments could opt out of troducing. I was chairman of the Sen- 1929, a little depression. But, on aver- Social Security and develop their own ate finance committee in the State of age, if you leave your money in for Michigan before I came here, and there pension retirement plan. Galveston, over 12 years, in any time period, then were a couple of considerations and Texas, did just that. They decided not you did not lose any money on equity concerns I had before I came to Con- to go into Social Security, but to have investments. The average return over gress, and that was the low savings their own retirement plan. Right now this chart compares what those indi- this time period was 6.7 percent. rate in the United States. We have a Again, we are looking at a system, viduals in Galveston County have as lower savings rate than any of the such as all Federal employees know other G–7 countries. death and disability and retirement about the Thrift Savings Plan, so it is Our savings rate is about 5 percent of benefits as opposed to what they would limited to safe investments. It is lim- what we earn. In Japan, for example, it have in Social Security. is about 19 percent. In Korea, it has On the death benefits, Social Secu- ited to your choice of how much you been as high as 35 percent of what they rity, $253; the Galveston plan, $75,000 in want to put in equities versus govern- earn. We used to in this country save death benefits. Social Security, $1,280; ment Treasury bills versus bonds for about 15 percent. Back in the 1940s and the Galveston plan, with their own in- corporations, fixed income bonds or 1950s we were saving almost 15 percent vestments, $2,749. Monthly retirement variable interest rate income bonds. So of what we earned. payments, $1,280, compared to Gal- you balance that in terms of mini- veston retirees getting $4,790. mizing risk, and in all cases the ex- b 1715 San Diego did the same option. San perts suggest that it is going to be But now our savings rate has tremen- Diego enjoys personal retirement ac- very, very easy to do much, much bet- dously gone down. Part of it maybe is counts, PRAs, as well. A 30-year-old ter than the 1.1 to 1.7 percent return the advertisements of ‘‘Fly now, pay employee who earns a salary of $30,000 you are going to get on Social Secu- later.’’ ‘‘Come in and get a new car and for 35 years and contributes 6 percent rity. get $200 immediate cash to buy Christ- to his PRA would receive $3,000 per Based on a family income of $58,475, mas presents,’’ or something. month in retirement. Under the cur- the return on a personal retirement ac- So we have encouraged debt. So there rent system he would contribute twice count is even better. We divided this is a danger not only of the Federal as much in Social Security, but only into three different areas, if you invest Government mounting this kind of receive $1,077. 2 percent of your wages or 6 percent of debt, but there is a problem with indi- The difference between San Diego’s your wages or 10 percent of your wages. vidual Americans relying more and system of PRAs and Social Security is If the average working life span is, more on those credit cards or other more than the difference in a check. It what, if you go to work at 20, 25, and credit systems to borrow and borrow is also the difference in ownership, in you retire at 65, 70, so on average I sus- more money. That does a couple knowing that politicians are not going pect we are working 40 years, paying in things. Number one, it disrupts eco- to take that away from you. our Social Security taxes, so let me nomic expansion, because savings and Even those who oppose PRAs agree jump way over to the 40 years. investment mean that that investment they offer more retirement security. If you were to work 40 years and in- is what companies use to do the re- This is a letter from Senator BARBARA vest 2 percent of your money, then you search, to buy the kind of state-of-art BOXER and DIANNE FEINSTEIN and TED would end up with just a little over a equipment and machinery that can ac- KENNEDY to President Clinton. In their quarter of a million dollars. If you in- commodate international competition. letter they said, ‘‘Millions of our con- vested 10 percent of your money, you It was important to me when I came stituents will receive higher retire- would have $1.4 million over the 40 to Congress that I try to do the kind of ment benefits from their current public year-period. things to encourage savings, and one of pensions than they would under Social What we are looking at, if you just those things was allowing some of this Security.’’ invested this money at 2 percent for large Social Security tax to be in- So the question is, how can we make the first 20 years, you would still have vested and to be in the name of individ- this more available to everybody, to, in $55,000 after 20 years; or if you invested uals. So that is when I started writing effect, guarantee they are going to be at 10 percent, you would have $274,000 the bills. better off and they are going to have over 10 years. So, number one, my Social Security an ownership of some of that retire- Again, the fact is that long-term in- proposals protect current and future ment account? vestments, even with the fluctuations

VerDate 14-FEB-2001 02:23 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.106 pfrm02 PsN: H14PT1 H384 CONGRESSIONAL RECORD — HOUSE February 14, 2001 for that 12-year or 15-year period, we is what I would like to stress. This bill nounced that the Senate has passed have never had a 12- or 15-year period borrows $800 billion of surpluses other without amendment concurrent resolu- in the history of the stock market, of than the Social Security surpluses to tions of the House of the following ti- equities, where there has been a loss. make the transition. Since we are tak- tles: Again, the average return on such an ing all the money essentially now that H. Con. Res. 28. Concurrent resolution pro- investment has been 6.7 percent. is coming in and paying out $400 billion viding for a joint session of Congress to re- Okay, let me finish up just briefly a year in Social Security benefits, how ceive a message from the President. with the Social Security bill that I do you come up with enough money to H. Con. Res. 32. Concurrent resolution pro- have introduced. I am rewriting that stop paying out? You are not going to viding for a conditional adjournment of the bill now to make a couple changes that stop paying out those benefits, so how House of Representatives and a conditional I think are important. do you make the transition? recess or adjournment of the Senate. The question is, some people argue, So the transition is made from bor- The message also announced that well, you cannot let individuals invest rowing some money from the general pursuant to Public Law 94–304, as the money themselves. So what I have fund. Now that we have this surplus amended by Public Law 99–7, the Chair, done in this legislation is I have lim- coming in, now is the time to take that on behalf of the Vice President, ap- ited the investment to safe invest- step. So if we can take $1 trillion now points the following Senators as mem- ments, index stocks, index bonds, an from the other surpluses to fix Social bers of the Commission on Security index of mutual funds, or an index of Security, then we are going to have So- and Cooperation in Europe (Helsinki) some of the foreign stock investments cial Security solvent; and it is not during the One Hundred Seventh Con- funds. That is what we are doing in the going to haunt our kids and grandkids gress— Thrift Savings Plan also. later. the Senator from Texas (Mrs. My legislation allows workers to in- It uses capital market investments HUTCHISON); vest a portion of their Social Security to create Social Security’s rate of re- the Senator from Kansas (Mr. taxes in their own personal retirement turn above the 1.7 percent workers are BROWNBACK); savings accounts that start at 2.5 per- now receiving. Over time, PRSAs grow, the Senator from Oregon (Mr. SMITH); cent of wages and gradually increase. and Social Security fixed benefits are and So 2.5 percent out of the 12.4 percent reduced. It indexes future benefit in- the Senator from Ohio (Mr. that is going in Social Security taxes creases to the cost-of-living increases VOINVOICH). you would be allowed to have in your instead of wage growth. The message also announced that own account and invest it in your se- b 1730 pursuant to Public Law 106–550, the lection of maybe four, maybe five, lim- Chair, on behalf of the Majority Lead- In other words, part of the problem ited so-called safe investments, and er, announces the appointment of the now with Social Security is that bene- then I would leave it up to the Sec- following individuals to serve as mem- fits go up faster than the economy. retary of Treasury to add to that any bers of the James Madison Commemo- Benefits increase based on wage infla- other investment potential that he ration Commission Advisory Com- thought was safe and reasonable to add tion, which is higher than the CPI in- flation. So one of the things my bill mittee— to this selection. Steven G. Calabresi, of Illinois; and My proposal does not increase taxes. does is it changes the index of how much wages are increased to inflation. Forrest McDonald, of Alabama. It repeals the Social Security earnings The message also announced that test for everybody over 62 years old; it So it covers the increased cost of ev- erything we buy, but it does not go up pursuant to Public Law 106–398 and in gives workers the choice to retire as consultation with the chairmen of the early as 59.5 years old, and as late as 70. faster than everything we buy, as is currently structured under the current Senate Committee on Armed Services In my proposal, I made a suggestion and the Senate Committee on Finance, that you could increase your benefits 8 Social Security law. the Chair, on behalf of the President percent a year for every year after 65 Let me finish, Mr. Speaker, by sim- pro tempore appoints the following in- that you delayed taking those benefits. ply saying that I think we are in luck Mr. Speaker, it gives workers the with this new President we have. He dividuals as members of the United States-China Security Review Commis- choice to retire at 591⁄2. It gives each suggested that we leave some of the spouse equal share of the PRSAs. If money that taxpayers are paying in, sion: you are a stay-at-home mom, you get now at an all-time high. We are paying Michael A. Ledeen, of Maryland. half of what your husband makes; or if more taxes now, at the 41 cents out of Roger W. Robinson, Jr., of Maryland. you are a stay-at-home dad, half of every dollar, than we have ever paid in Arthur Waldron, of Pennsylvania. what your wife makes would go in your the history of America in peacetime. f individual PRSA account. So it is al- There was one year during World War PUBLICATION OF THE RULES OF ways divided equally between the two II that it was higher than what it is THE COMMITTEE ON SCIENCE— spouses. If one spouse makes more than today. 107TH CONGRESS the other spouse, they are added to- So the fact is that another way to gether and divided by two to represent say that we have a surplus is saying The SPEAKER pro tempore (Mr. how much would go into each account. that we are overtaxing somebody, PUTNAM). Under a previous order of the It also increases widow and widower someplace, somehow. So let us make House, the gentleman from New York benefits up to 110 percent. That is par- taxes more fair, but at the same time, (Mr. BOEHLERT) is recognized for 5 min- tially to encourage retirees that might this President has said it is important utes. be a surviving widow or widower to live to continue to pay down the debt so Mr. BOEHLERT. Mr. Speaker, enclosed, in the same home. You cannot do it our kids and our grandkids are not left please find a copy of the Rules of the Com- now. One cannot live on half as much with that huge mortgage on the way mittee on Science of the U.S. House of Rep- money as two. So this adds to the sur- we have operated government. resentatives. The Committee on Science viving spouse’s benefit. Thirdly, he said that we have to fix adopted these rules by voice vote on February It reinforces the safety net for low- Social Security. So I am encouraged. I 14, 2001. We are submitting these rules to the income and disabled workers. It passes think the challenge before this body is CONGRESSIONAL RECORD for publication in the Social Security Administration’s not sweeping this problem of Social Se- compliance with rule XI, clause 2(a)(2). 75-year solvency test. In other words, curity and Medicare solvency under the COMMITTEE ON SCIENCE RULES FOR THE 107TH the actuaries over at Social Security rug, to leave it for future Congresses or CONGRESS have scored this and said this will keep as future problems for taxpayers that RULE 1. GENERAL PROVISIONS Social Security solvent for at least 75 will be our kids and our grandkids. General Statement years. Actually, it would keep Social f (a) The Rules of the House of Representa- Security solvent forever, the way it is MESSAGE FROM THE SENATE tives, as applicable, shall govern the Com- written. mittee and its Subcommittees, except that a The bill takes a portion of on-budget A message from the Senate by Mr. motion to recess from day to day and a mo- surpluses over the next 10 years. That Lundregan, one of its clerks, an- tion to dispense with the first reading (in

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.108 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H385 full) of a bill or resolution, if printed copies meet in open session, with a quorum present, least one week before the commencement of are available, are nondatable privileged mo- to adopt its oversight plans for that Con- the hearing. If the Chairman, with the con- tions in the Committee and its Subcommit- gress for submission to the Committee on currence of the Ranking Minority Member, tees and shall be decided without debate. The House Oversight and the Committee on Gov- determines there is good cause to begin the rules of the Committee, as applicable, shall ernment Reform and Oversight, in accord- hearing sooner, or if the Committee so deter- be the rules of its Subcommittees. The rules ance with the provisions of clause 2(d) of mines by majority vote, a quorum being of germaneness shall be enforced by the Rule X of the House of Representatives. present for the transaction of business, the Chairman [XI 1(a)] (g) The Chairman of the Full Committee, Chairman shall make the announcement at Membership or of any Subcommittee, shall not undertake the earliest possible date. Any announce- any investigation in the name of the Com- (b) A majority of majority Members of the ment made under this Rule shall be prompt- mittee without formal approval by the Committee shall determine an appropriate ly published in the Daily Digest, and prompt- Chairman of the Full Committee after con- ratio of majority to minority Members of ly made available by electronic form includ- sultation with the Ranking Minority Mem- each Subcommittee and shall authorize the ing the Committee website. [XI 2(g)(3)] ber of the Full Committee. Chairman to negotiate that ratio with the Open Meetings [XI 2(g)] minority party; Provided, however, that Order of Business party representation on each Subcommittee (h) The order of business and procedure of (c) Each meeting for the transaction of (including any ex-officio Members) shall be the Committee and the subjects of inquiries business, including the markup of legisla- no less favorable to the majority party than or investigations will be decided by the tion, of the Committee shall be open to the the ratio for the Full Committee. Provided, Chairman, subject always to an appeal to the public, including to radio, television, and further, that recommendations of conferees Committee. still photography coverage, except when the to the Speaker shall provide a ratio of ma- Suspended Proceedings Committee, in open session and with a ma- jority party Members to minority party (i) During the consideration of any meas- jority present, determines by record vote Members which shall be no less favorable to ure or matter, the Chairman of the Full that all or part of the remainder of the meet- the majority party than the ratio for the Committee, or of any Subcommittee, or any ing on that day shall be in executive session Full Committee. Member acting as such, shall suspend further because disclosure of matters to be consid- Power to Sit and Act; Subpoena Power proceedings after a question has been put to ered would endanger national security, (c)(1) Notwithstanding subparagraph (2), a the Committee at any time when there is a would compromise sensitive law enforcement subpoena may be authorized and issued by vote by electronic device occurring in the information, would tend to defame, degrade the Committee in the conduct of any inves- House of Representatives. or incriminate any person or otherwise tigation or series of investigations or activi- Other Procedures would violate any law or rule of the House. ties to require the attendance and testimony Persons other than Members of the Com- (j) The Chairman of the Full Committee, of such witnesses and the production of such mittee and such non-Committee Members, after consultation with the Ranking Minor- books, records, correspondence, memoranda, Delegates, Resident Commissioner, congres- ity Member, may establish such other proce- papers and documents as deemed necessary, sional staff, or departmental representatives only when authorized by a majority of the dures and take such actions as may be nec- essary to carry out the foregoing rules or to as the Committee may authorize, may not be members voting, a majority of the Com- present at a business or markup session that mittee being present. Authorized subpoenas facilitate the effective operation of the Com- mittee. is held in executive session. This Rule does shall be signed only by the Chairman, or by not apply to open Committee hearings which any member designated by the Chairman. Use of Hearing Rooms are provided for by Rule 2(d). [XI 2(m)] (k) In consultation with the Ranking Mi- (2) The Chairman of the Full Committee, nority Member, the Chairman of the full (d)(1) Each hearing conducted by the Com- with the concurrence of the Ranking Minor- Committee shall establish guidelines for use mittee shall be open to the public including ity Member of the Full Committee, may au- of Committee hearing rooms. radio, television, and still photography cov- thorize and issue such subpoenas as de- erage except when the Committee, in open RULE 2. COMMITTEE MEETINGS [AND session and with a majority present, deter- scribed in paragraph (1), during any period in PROCEDURES] which the House has adjourned for a period mines by record vote that all or part of the longer than 3 days. [XI 2(m)(3)(A)(i)] Quorum [XI 2(h)] remainder of that hearing on that day shall (3) A subpoena duces tecum may specify (a)(1) One-third of the Members of the be closed to the public because disclosure of terms of return other than a meeting or a Committee shall constitute a quorum for all testimony, evidence, or other matters to be hearing of the Committee. purposes except as provided in paragraphs (2) considered would endanger national security, Sensitive or Confidential Information Received and (3) of this Rule. would compromise sensitive law enforcement Pursuant to Subpoena (2) A majority of the Members of the Com- information, or would violate a law or rule of mittee shall constitute a quorum in order to: (d) Unless otherwise determined by the the House of Representatives. Notwith- (A) report or table any legislation, measure, Committee or Subcommittee, certain infor- standing the requirements of the preceding or matter; (B) close Committee meetings or mation received by the Committee or Sub- sentence, and Rule 2(q) a majority of those hearings pursuant to Rules 2(c) and 2(d); and, committee pursuant to a subpoena not made present, there being in attendance the req- (C) authorize the issuance of subpoenas pur- part of the record at an open hearing shall be uisite number required under the rules of the suant to Rule 1(c). deemed to have been received in Executive Committee to be present for the purpose of (3) Two Members of the Committee shall Session when the Chairman of the Full Com- taking testimony: constitute a quorum for taking testimony mittee, in his judgment and after consulta- and receiving evidence, which, unless waived (A) may vote to close the hearing for the tion with Ranking Minority Member, deems by the Chairman of the Full Committee after sole purpose of discussing whether testimony that in view of all the circumstances, such as consultation with the Ranking Minority or evidence to be received would endanger the sensitivity of the information or the con- Member of the Full Committee, shall include the national security, would compromise fidential nature of the information, such ac- at least one Member from each of the major- sensitive law enforcement information or tion is appropriate. ity and minority parties. would violate Rule XI 2(k)(5) of the Rules of National Security Information Time and Place the House of Representatives; or (e) All national security information bear- (b)(1) Unless dispensed with by the Chair- (B) may vote to close the hearing, as pro- ing a classification of secret or higher which man, the meetings of the Committee shall be vided in Rule XI 2(k)(5) of the Rules of the has been received by the Committee or a held on the 2nd and 4th Wednesday of each House of Representatives. No Member, Dele- Subcommittee shall be deemed to have been month the House is in session at 10:00 a.m. gate, or Resident Commissioner may be ex- received in Executive Session and shall be and at such other times and in such places as cluded from non-participatory attendance at given appropriate safekeeping. The Chair- the Chairman may designate. [XI 2(b)] any hearing of any Committee or Sub- man of the Full Committee may establish (2) The Chairman of the Committee may committee, unless the House of Representa- such regulations and procedures as in his convene as necessary additional meetings of tives shall by majority vote authorize a par- judgment are necessary to safeguard classi- the Committee for the consideration of any ticular Committee or Subcommittee, for fied information under the control of the bill or resolution pending before the Com- purposes of a particular series of hearings on Committee. Such procedures shall, however, mittee or for the conduct of other Com- a particular article of legislation or on a par- ensure access to this information by any mittee business subject to such rules as the ticular subject of investigation, to close its Member of the Committee, or any other Committee may adopt. The Committee shall hearings to Members, Delegate and the Resi- Member of the House of Representatives who meet for such purpose under that call of the dent Commissioner by the same procedures has requested the opportunity to review such Chairman. [XI 2(c)] designated in this Rule for closing hearings material. (3) The Chairman shall make public an- to the public: Provided, however, that the Oversight nouncement of the date, time, place and sub- Committee or Subcommittee may by the (f) Not later than February 15 of the first ject matter of any of its hearings, and to the same procedure vote to close one subsequent session of a Congress, the Committee shall extent practicable, a list of witnesses at day of the hearing.

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.042 pfrm02 PsN: H14PT1 H386 CONGRESSIONAL RECORD — HOUSE February 14, 2001 Audio and Visual Coverage [XI, clause 4] (B) The television media may install addi- Witnesses (e)(A) Whenever a hearing or meeting con- tional lighting in a hearing or meeting room, (l)(1) Insofar as is practicable, each witness ducted by the Committee is open to the pub- without cost to the Government, in order to who is to appear before the Committee shall lic, these proceedings shall be open to cov- raise the ambient lighting level in a hearing file no later than twenty-four (24) hours in erage by television, radio, and still photog- or meeting room to the lowest level nec- advance of his or her appearance, a written raphy, except as provided in Rule XI 4(f)(2) of essary to provide adequate television cov- statement of the proposed testimony and the House of Representatives. The Chairman erage of a hearing or meeting at the current curriculum vitae. Each witness shall limit shall not be able to limit the number of tele- state of the art of television coverage. his or her presentation to a 5-minute sum- vision, or still cameras to fewer than two (7) In the allocation of the number of still mary, provided that additional time may be representatives from each medium (except photographers permitted by a Committee or granted by the Chairman when appropriate. for legitimate space or safety considerations Subcommittee Chairman in a hearing or [XI 2(g)(4)] in which case pool coverage shall be author- meeting room, preference shall be given to (2) To the greatest extent practicable, each ized). photographers from Associated Press Photos witness appearing in a non-governmental ca- (B)(1) Radio and television tapes, tele- and United Press International pacity shall include with the written state- vision film, and internet recordings of any Newspictures. If requests are made by more ment of proposed testimony a disclosure of Committee hearings or meetings that are of the media than will be permitted by a the amount and source (by agency and pro- open to the public may not be used, or made Committee or Subcommittee Chairman for gram) of any Federal grant (or subgrant available for use, as partisan political cam- coverage of a hearing or meeting by still thereof) or contract (or subcontract thereof) paign material to promote or oppose the can- photography, that coverage shall be per- which is relevant to the subject of his or her didacy of any person for elective public of- mitted on the basis of a fair and equitable testimony and was received during the cur- fice. pool arrangement devised by the Standing rent fiscal year or either of the 2 preceding (2) It is, further, the intent of this rule Committee of Press Photographers. fiscal years by the witness or by an entity (8) Photographers may not position them- that the general conduct of each meeting or represented by the witness. (XI 2(g)(4)] selves between the witness table and the hearing covered under authority of this rule (m) Whenever any hearing is conducted by members of the Committee at any time dur- by audio or visual means, and the personal the Committee on any measure or matter, ing the course of a hearing or meeting. behavior of the Committee Members and the minority Members of the Committee (9) Photographers may not place them- staff, other government officials and per- shall be entitled, upon request to the Chair- selves in positions that obstruct unneces- sonnel, witnesses, television, radio, and press man by a majority of them before the com- sarily the coverage of the hearing by the media personnel, and the general public at pletion of the hearing, to call witnesses se- other media. lected by the minority to testify with re- the meeting or hearing, shall be in strict (10) Personnel providing coverage by the spect to the measure or matter during at conformity with and observance of the ac- television and radio media shall be currently least one day of hearing thereon. [XI 2(j)(1)] ceptable standards of dignity, propriety, accredited to the Radio and Television Cor- courtesy, and decorum traditionally ob- respondents’ Galleries. Hearing Procedures served by the House in its operations, and (11) Personnel providing coverage by still (n) Rule XI 2(k) of the Rules of the House may not be such as to: photography shall be currently accredited to of Representatives is hereby incorporated by (i) distort the object and purposes of the the Press Photographers’ Gallery. reference. meeting or hearing or the activities of Com- (12) Personnel providing coverage by the Bill and Subject Matter Consideration mittee Members in connection with that television and radio media and by still pho- (o) Bills and other substantive matters meeting or hearing or in connection with the tography shall conduct themselves and their may be taken up for consideration only when general work of the Committee or of the coverage activities in an orderly and unob- called by the Chairman of the Committee or House; or trusive manner. (ii) cast discredit or dishonor on the House, by a majority vote of a quorum of the Com- Special Meetings the Committee, or a Member, Delegate, or mittee, except those matters which are the Resident Commissioner or bring the House, (g) Rule XI 2(c) of the Rules of the House subject of special-call meetings outlined in the Committee, or a Member, Delegate, or of Representatives is hereby incorporated by Rule 2(g). [XI 2(c)] Resident Commissioner into disrepute. reference (Special Meetings). Private Bills (3) The coverage of Committee meetings Vice Chairman to Preside in Absence of (p) No private bill will be reported by the and hearings by audio and visual means shall Chairman Committee if there are two or more dis- be permitted and conducted only in strict (h) Meetings and hearings of the Com- senting votes. Private bills so rejected by the conformity with the purposes, provisions, mittee shall be called to order and presided Committee will not be reconsidered during and requirements of this rule. over by the Chairman or, in the Chairman’s the same Congress unless new evidence suffi- (f) The following shall apply to coverage of absence, by the member designated by the cient to justify a new hearing has been pre- Committee meetings or hearings by audio or Chairman as the Vice Chairman of the Com- sented to the Committee. visual means: mittee, or by the ranking majority member Consideration of Measure or Matter (1) If audio or visual coverage of the hear- of the Committee present as Acting Chair- (q)(1) It shall not be in order for the Com- ing or meeting is to be presented to the pub- man. [XI 2(d)] mittee to consider any new or original meas- lic as live coverage, that coverage shall be Opening Statements; 5-Minute Rule ure of matter unless written notice of the conducted and presented without commer- (i) Insofar as is practicable, the Chairman, date, place and subject matter of consider- cial sponsorship. after consultation with the Ranking Minor- ation and to the maximum extent prac- (2) The allocation among the television ity Member, shall limit the total time of ticable, a written copy of the measure or media of the positions or the number of tele- opening statements by Members to no more matter to be considered, and to the max- vision cameras permitted by a Committee or than 10 minutes, the time to be divided imum extent practicable the original text Subcommittee Chairman in a hearing or equally between the Chairman and Ranking for purposes of markup of the measure to be meeting room shall be in accordance with Minority Member. The time any one Member considered have been available to each Mem- fair and equitable procedures devised by the any address the Committee on any bill, mo- ber of the Committee for at least 48 hours in Executive Committee of the Radio and Tele- tion or other matter under consideration by advance of consideration, excluding Satur- vision Correspondents’ Galleries. (3) Television cameras shall be placed so as the Committee or the time allowed for the days, Sundays and legal holidays. To the not to obstruct in any way the space between questioning of a witness at hearings before maximum extent practicable, amendments a witness giving evidence or testimony and the Committee will be limited to five min- to the measure or matter to be considered, any member of the Committee or the visi- utes, and then only when the Member has shall be submitted in writing to the Clerk of bility of that witness and that member to been recognized by the Chairman, except the Committee at least 24 hours prior to the each other. that this time limit may be waived by the consideration of the measure or matter. (4) Television cameras shall operate from Chairman or acting. [XI 2(j)] [XIII 4(a)] (j) Notwithstanding Rule 2(i), upon a mo- (2) Notwithstanding paragraph (1) of this fixed positions but may not be placed in posi- tion the Chairman, in consultation with the rule, consideration of any legislative meas- tions that obstruct unnecessarily the cov- Ranking Minority Member, may designate ure or matter by the Committee shall be in erage of the hearing or meeting by the other an equal number of members from each order by vote of two-thirds of the Members media. (5) Equipment necessary for coverage by party to question a witness for a period not present, provided that a majority of the the television and radio media may not be to exceed one hour in the aggregate or, upon Committee is present. installed in, or removed from, the hearing or a motion, may designate staff from each Requests for Written Motions meeting room while the Committee is in ses- party to question a witness for equal specific (r) Any legislative or non-procedural mo- sion. periods that do not exceed on hour in the ag- tion made at a regular or special meeting of (6)(A) Except as provided in subdivision gregate. [XI 2(j)] the Committee and which is entertained by (B), floodlights, spotlights, strobelights, and Proxies the Chairman shall be presented in writing flashguns may not be used in providing any (k) No Member may authorize a vote by upon the demand of any Member present and method of coverage of the hearing or meet- proxy with respect to any measure or matter a copy made available to each Member ing. before the Committee. [XI 2(f)] present.

VerDate 14-FEB-2001 03:54 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.043 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H387 Requests for Record Votes at Full Committee standing shall be prepared which incor- International scientific cooperation; (s) A record vote of the Members may be porates an agreement for the publication of National Science Foundation; had at the request of three or more Members the verbatim transcript. Transcripts of University research policy, including infra- or in the apparent absence of a quorum, by markups shall be recorded and published in structure and overhead; any one Member. the same manner as hearings before the University research partnerships, includ- Report Language on Use of Federal Resources Committee and shall be included as part of ing those with industry; the legislative report unless waived by the Science scholarships; (t) No legislative report filed by the Com- Chairman. Issues relating to computers, communica- mittee on any measure or matter reported RULE 3. SUBCOMMITTEES tions, and information technology; by the Committee shall contain language Earthquake and fire research programs; Structure and Jurisdiction which has the effect of specifying the use of Research and development relating to federal resources more explicitly (inclusively (a) The Committee shall have the following health, biomedical, and nutritional pro- or exclusively) than that specified in the standing Subcommittees with the jurisdic- grams; measure or matter as ordered reported, un- tion indicated. To the extent appropriate, agricultural, ge- less such language has been approved by the (1) Subcommittee on Energy ological, biological and life sciences re- Committee during a meeting or otherwise in Legislative jurisdiction and general and search; and; writing by a majority of the Members. special oversight and investigative authority Materials research, development, and dem- Committee Records on all matters relating to energy research, onstration and policy. development, and demonstration and (u)(1) The Committee shall keep a com- (4) Subcommittee on Space and Aero- projects therefor, and commercial applica- plete record of all Committee action which nautics tion of energy technology including: shall include a record of the votes on any Legislative jurisdiction and general and Department of Energy research, develop- question on which a record vote is demanded. special oversight and investigative authority ment, and demonstration programs; on all matters relating to astronautical and The result of each record vote shall be made Department of Energy laboratories; aeronautical research and development in- available by the Committee for inspection by Department of Energy science activities; the public at reasonable times in the offices Energy supply activities; cluding: of the Committee. Information so available Nuclear, solar and renewable energy, and National space policy, including access to for public inspection shall include a descrip- other advanced energy technologies; space; tion of the amendment, motion, order, or Uranium supply and enrichment, and De- Sub-orbital access and applications; other proposition and the name of each partment of Energy waste management and National Aeronautics and Space Adminis- Member voting for and each Member voting environment, safety, and health activities as tration and its contractor and government- against such amendment, motion, order, or appropriate; operated laboratories; proposition, and the names of those Members Fossil energy research and development; Space commercialization including the present but not voting. [XI 2(e)] Clean coal technology; commercial space activities relating to the (2) The records of the Committee at the Energy conservation research and develop- Department of Transportation and the De- National Archives and Records Administra- ment; partment of Commerce; tion shall be made available for public use in Energy aspects of climate change; and en- Exploration and use of outer space; accordance with Rule VII of the Rules of the ergy standards. International space cooperation; House of Representatives. The Chairman (2) Subcommittee on Environment, Tech- National Space Council; shall notify the Ranking Minority Member nology, and Standards Space applications, space communications of any decision, pursuant to clause 3(b)(3) or Legislative jurisdiction and general and and related matters; clause 4(b) of the Rule, to withhold a record special oversight and investigative authority Earth remote sensing policy; otherwise available, and the matter shall be on all matters relating to competitiveness, Civil aviation research, development, and presented to the Committee for a determina- technology, and environmental research, de- demonstration; tion on the written requires of my Member velopment, and demonstration including: Research, development, and demonstration of the Committee. [XI 2(e)(3)] Technical standards and standardization of programs of the Federal Aviation Adminis- (3) To the maximum extent feasible, the measurement; tration; and Committee shall make its publications avail- The National Institute of Standards and Space law. able in electronic form, including the Com- Technology; Referral of Legislation mittee website. [XI 2(e)(4)] The National Technical Information Serv- (b) The Chairman shall refer all legislation (4)(A) Except as provided for in subdivision ice; and other matters referred to the Committee (B), all Committee hearings records, data, Competitiveness, including small business to the Subcommittee or Subcommittees of charts, and files shall be kept separate and competitiveness; appropriate jurisdiction within two weeks, Tax antitrust, regulatory and other legal distinct from the congressional office unless the Chairman deems consideration is and governmental policies as they related to records of the member serving as its Chair- to be by the Full Committee. Subcommittee technological development and commer- man. Such records shall be the property of Chairmen may make requests for referral of cialization; the House, and each Member, Delegate, and specific matters to their Subcommittee Technology transfer; the Resident Commissioner, shall have ac- within the two week period if they believe Patent and intellectual property policy; cess thereto. Subcommittee jurisdictions so warrant. (B) A Member, Delegate, or Resident Com- International technology trade; missioner, other than members of the Com- Research, development, and demonstration Ex-Officio Members mittee on Standards of Official Conduct, activities of the Department of Transpor- (c) The Chairman and Ranking Minority may not have access to the records of the tation; Member shall serve as ex-officio Members of Committee respecting the conduct of a Mem- Surface and water transportation research, all Subcommittees and shall have the right ber, Delegate, Resident Commissioner, offi- development, and demonstration programs; to vote and be counted as part of the quorum cer, or employee of the House without the Environmental Protection Agency re- and ratios on all matters before the Sub- specific prior permission of the Committee. search and development programs; committee. Biotechnology policy; Publication of Committee Hearings and Procedures National Oceanic and Atmospheric Admin- Markups istration, including all activities related to (d) No Subcommittee shall meet for mark- (v) The transcripts of those hearings con- weather, weather services, climate, and the up or approval when any other Sub- ducted by the Committee which are decided atmosphere, and marine fisheries, and oce- committee of the Committee or the Full to be printed shall be published in verbatim anic research; Committee is meeting to consider any meas- form, with the material requested for the Risk assessment activities; and ure or matter for markup or approval. record inserted at that place requested, or at Scientific issues related to environmental (e) Each Subcommittee is authorized to the end of the record, as appropriate. Indi- policy, including climate change. meet, hold hearings, receive evidence, and viduals, including Members of Congress, (3) Subcommittee on Research report to the Committee on all matters re- whose comments are to be published as part Legislative jurisdiction and general and ferred to it. For matters within its jurisdic- of a Committee document shall given the op- special oversight and investigative authority tion, each Subcommittee is authorized to portunity to verify the accuracy of the tran- on all matters relating to science policy in- conduct legislative, investigative, fore- scription in advance of publication. Any re- cluding: casting, and general oversight hearings; to quests by those Members, staff or witnesses Office of Science and Technology Policy; conduct inquiries into the future; and to un- to correct any errors other than errors in All scientific research, and scientific and dertake budget impact studies. Sub- transcription, shall be appended to the engineering resources (including human re- committee Chairmen shall set meeting dates record, and the appropriate place where the sources), math, science and engineering edu- after consultation with the Chairman and change is requested will be footnoted. Prior cation; other Subcommittee Chairmen with a view to approval by the Chairman of hearings con- Intergovernmental mechanisms for re- toward avoiding simultaneous scheduling of ducted jointly with another congressional search, development, and demonstration and Committee and Subcommittee meetings or Committee, a memorandum of under- cross-cutting programs; hearings wherever possible.

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.045 pfrm02 PsN: H14PT1 H388 CONGRESSIONAL RECORD — HOUSE February 14, 2001 (f) Any Member of the Committee may ber of the Committee gives notice of inten- port of the Committee on a measure which have the privilege of sitting with any Sub- tion to file supplemental, minority, or addi- has been approved by the Committee, shall committee during its hearings or delibera- tional views, that Member shall be entitled be approved by the Committee at a meeting, tions and may participate in such hearings to not less than two subsequent calendar and Members shall have the same oppor- or deliberations, but no such Member who is days after the day of such notice (excluding tunity to submit views as provided for in not a Member of the Subcommittee shall Saturdays, Sundays, and legal holidays) in Rule 4(c). vote on any matter before such Sub- which to file such views, in writing and (2) Subject to paragraphs (3) and (4), the committee, except as provided in Rule 3(c). signed by that Member, with the clerk of the Chairman may approve the publication of (g) During any Subcommittee proceeding Committee. All such views so filed by one or any document as a Committee print which in for markup or approval, a record vote may more Members of the Committee shall be in- his discretion he determines to be useful for be had at the request of one or more Mem- clude within, and shall be a part of, the re- the information of the Committee. bers of that Subcommittee. port filed by the Committee with respect to (3) Any document to be published as a that measure or matter. The report of the RULE 4. REPORTS Committee print which purports to express Committee upon that measure or matter Substance of Legislative Reports the views, findings, conclusions, or rec- shall be printed in a single volume which ommendations of the Committee or any of (a) The report of the Committee on a meas- shall include all supplemental, minority, or its Subcommittees must be approved by the ure which has been approved by the Com- additional views, which have been submitted Full Committee or its Subcommittees, as ap- mittee shall include the following, to be pro- by the time of the filing of the report, and plicable, in a meeting or otherwise in writing vided by the Committee: shall bear upon its cover a recital that any by a majority of the Members, and such (1) the oversight findings and recommenda- such supplemental, minority, or additional Members shall have the right to submit sup- tions required pursuant to Rule X 2(b)(1) of views (and any material submitted under plemental, minority, or additional views for the Rules of the House of Representatives, Rule 4(b)(1)) are included as part of the re- inclusion in the print within at least 48 separately set out and identified [XIII, 3(c)]; port. However, this rule does not preclude (1) (2) the statement required by section 308(a) the immediate filing or printing of a Com- hours after such approval. of the Congressional Budget Act of 1974, sep- mittee report unless timely requested for the (4) Any document to be published as a arately set out and identified, if the measure opportunity to file supplemental, minority, Committee print other than a document de- provides new budget authority or new or in- or additional views has been made as pro- scribed in paragraph (3) of this Rule: (A) creased tax expenditures as specified in vided by this Rule or (2) the filing by the shall include on its cover the following state- [XIII, 3(c)(2)]; Committee of any supplemental report upon ment: ‘‘This document has been printed for (3) With respect to reports on a bill or joint any measure or matter which may be re- informational purposes only and does not resolution of a public character, a ‘‘Constitu- quired for the correction of any technical represent either findings or recommenda- tional Authority Statement’’ citing the spe- error in a previous report made by that Com- tions adopted by this Committee;’’ and (B) cific powers granted to Congress by the Con- mittee upon that measure or matter. shall not be published following the sine die stitution pursuant to which the bill or joint (d) The Chairman of the Committee or adjournment of a Congress, unless approved resolution is proposed to be enacted. Subcommittee, as appropriate, shall advise by the Chairman of the Full Committee after (4) with respect to each record vote on a Members of the day and hour when the time consultation with the Ranking Minority motion to report any measure or matter of a for submitting views relative to any given Member of the Full Committee. public character, and on any amendment of- report elapses. No supplemental, minority, (i) A report of an investigation or study fered to the measure or matter, the total or additional views shall be accepted for in- conducted jointly by this Committee and one number of votes cast for an against, and the clusion in the report if submitted after the or more other Committee(s) may be filed names of those Members voting for and announced time has elapsed unless the jointly, provided that each of the Commit- against, shall be included in the Committee Chairman of the Committee or Sub- tees complies independently with all require- report on the measure or matter; committee, as appropriate, decides to extend ments for approval and filing of the report. (5) the estimate and comparison prepared the time for submission of views the 2 subse- (j) After an adjournment of the last regular by the Committee under Rule XIII, clause quent calendar days after the day of notice, session of a Congress sine die, an investiga- 3(d)(2) of the Rules of the House of Rep- in which case he shall communicate such tive or oversight report approved by the resentatives, unless the estimate and com- fact to Members, including the revised day Committee may be filed with the Clerk at parison prepared by the Director of the Con- and hour for submissions to be received, any time, provided that if a member gives gressional Budget Office prepared under sub- without delay. notice at the time of approval of intention to paragraph 2 of this Rule has been timely sub- Consideration of Subcommittee Reports file supplemental, minority, or additional mitted prior to the filing of the report and (e) Reports and recommendations of a Sub- views, that members shall be entitled to not included in the report [XIII, 3(d)(3)(D)]; committee shall not be considered by the less than 7 calendar days in which to submit (6) in the case of a bill or joint resolution Full Committee until after the intervention such views for inclusion with the report. which repeals or amends any statute or part of 48 hours, excluding Saturdays, Sundays (k) After an adjournment sine die of the thereof, the text of the statute or part there- and legal holidays, from the time the report last regular session of a Congress, the Chair- of which is proposed to be repealed, and a is submitted and made available to full Com- man may file the Committee’s Activity Re- comparative print of that part of the bill or mittee membership and printed hearings port for that Congress under clause 1(d)(1) of joint resolution making the amendment and thereon shall be made available, if feasible, Rule XI of the Rules of the House with the of the statute or part thereof proposed to be to the Members, except that this rule may be Clerk of the House at anytime and without amended [Rule XIII, clause 3]; and waived at the discretion of the Chairman (7) a transcript of the markup of the meas- the approval of the Committee, provided after consultation with the Ranking Minor- that a copy of the report has been available ure or matter unless waived under Rule 2(v). ity Member. (8) a statement of general performance to each member of the Committee for at goals and objectives, including outcome-re- Timing and Filing of Committee Reports [XIII] least 7 calendar days and that the report in- lated goals and objectives, for which the (f) It shall be the duty of the Chairman to cludes any supplemental, minority, or addi- measure authorizes funding. [XIII, 3(c)] report or cause to be reported promptly to tional views submitted by a member of the (b) The report of the Committee on a meas- the House any measure approved by the Committee. [XI 1(d), XI 1(d)(4)] ure which has been approved by the Com- Committee and to take or cause to be taken Oversight Reports the necessary steps to bring the matter to a mittee shall further include the following, to (l) A proposed investigative or oversight be provided by sources other than the Com- vote.). To the maximum extent practicable, the written report of the Committee on such report shall be considered as read if it has mittee: been available to the members of the Com- (1) the estimate and comparison prepared measures shall be made available to the mittee for at least 24 hours (excluding Satur- by the Director of the Congressional Budget Committee membership for review at least 24 days, Sundays, or legal holidays except when Office required under section 403 of the Con- hours in advance of filing. the House is in session on such day). [XI gressional Budget Act of 1974, separately set (g) The report of the Committee on a meas- 1(b)(2)] out and identified, whenever the Director (if ure which has been approved by the Com- timely, and submitted prior to the filing of mittee shall be filed within 7 calendar days LEGISLATIVE AND OVERSIGHT JURISDICTION OF the report) has submitted such estimate and (exclusive of days on which the House is not THE COMMITTEE ON SCIENCE comparison of the Committee [XIII, clauses in session) after the day on which there has been filed with the clerk of the Committee a Rule X. Organization of Committees. 2–4]; Committees and their legislative jurisdic- (2) if the Committee has not received prior written request, signed by the majority of the Members of the Committee, for the re- tions. to the filing of the report the material re- 1. There shall be in the House the following quired under paragraph (1) of this Rule, then porting of that measure. Upon the filing of any such request, the clerk of the Committee standing Committees, each of which shall it shall include a statement to that effect in shall transmit immediately to the Chairman have the jurisdiction and related functions the report on the measure. of the Committee notice of the filing of that assigned to it by this clause and clauses 2, 3, Minority and Additional Views [XI 2(l)] request. and 4. All bills, resolutions, and other mat- (c) If, at the time of approval of any meas- (h)(1) Any document published by the Com- ters relating to subjects within the jurisdic- ure or matter by the Committee, any Mem- mittee as a House Report, other than a re- tion of the standing Committees listed in

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.047 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H389 this clause shall be referred to those Com- Mr. SHIMKUS, for 5 minutes, today. 2. Vic Snyder mittees, in accordance with clause 2 of rule Mr. THOMAS, for 5 minutes, today. 3. Asa Hutchinson XII, as follows: Mr. NUSSLE, for 5 minutes, today. 4. Mike Ross * * * * * Mr. BOEHLERT, for 5 minutes, today. CALIFORNIA (n) Committee on Science. (The following Member (at her own 1. Mike Thompson (1) All energy research, development, and request) to revise and extend her re- 2. Wally Herger demonstration, and projects therefor, and all marks and include extraneous mate- 3. Doug Ose 4. John T. Doolittle federally owned or operated nonmilitary en- rial:) ergy laboratories. 5. Robert T. Matsui (2) Astronautical research and develop- Ms. PELOSI, for 5 minutes, today. 6. Lynn C. Woolsey ment, including resources, personnel, equip- f 7. George Miller ment, and facilities. 8. Nancy Pelosi (3) Civil aviation research and develop- ADJOURNMENT 9. Barbara Lee ment. Mr. SMITH of Michigan. Mr. Speak- 10. Ellen O. Tauscher (4) Environmental research and develop- er, I move that the House do now ad- 11. Richard W. Pombo ment. journ. 12. Tom Lantos (5) Marine research. The motion was agreed to. 13. Fortney Pete Stark (6) Commercial application of energy tech- 14. Anna G. Eshoo nology. The SPEAKER pro tempore. Pursu- 15. Michael M. Honda (7) National Institute of Standards and ant to the provisions of House Concur- 16. Zoe Lofgren Technology, standardization of weights and rent Resolution 32 of the 107th Con- 17. Sam Farr measures and the metric system. gress, the House stands adjourned until 18. Gary A. Condit (8) National Aeronautics and Space Admin- 2 p.m., Monday, February 26, 2001. 19. George Radanovich istration. Thereupon, (at 5 o’clock and 32 min- 20. Calvin M. Dooley (9) National Space Council. utes p.m.), pursuant to House Concur- 21. William M. Thomas (10) National Science Foundation. rent Resolution 32, the House ad- 22. Lois Capps (11) National Weather Service. 23. Elton Gallegly (12) Outer space, including exploration and journed until Monday, February 26, 24. Brad Sherman control thereof. 2001, at 2 p.m. 25. Howard P. ‘‘Buck’’ McKeon (13) Science Scholarships. f 26. Howard L. Berman (14) Scientific research, development, and 27. Adam B. Schiff demonstration, and projects therefor. OATH OF OFFICE MEMBERS, RESI- 28. David Dreier DENT COMMISSIONER, AND DEL- * * * * * 29. Henry A. Waxman EGATES 30. Xavier Becerra SPECIAL OVERSIGHT FUNCTIONS The oath of office required by the 31. Hilda L. Solis 3. (j) The Committee on Science shall re- sixth article of the Constitution of the 33. Lucille Roybal-Allard view and study on a continuing basis laws, 34. Grace F. Napolitano programs, and Government activities relat- United States, and as provided by sec- 35. Maxine Waters ing to nonmilitary research and develop- tion 2 of the act of May 13, 1884 (23 36. Jane Harman ment. Stat. 22), to be administered to Mem- 37. Juanita Millender-McDonald f bers, Resident Commissioner, and Dele- 38. Stephen Horn gates of the House of Reprsentatives, 39. Edward R. Royce LEAVE OF ABSENCE the text of which is carried in 5 U.S.C. 40. Jerry Lewis By unanimous consent, leave of ab- 3331: 41. Gary G. Miller sence was granted to: ‘‘I. AB, do solemnly swear (or affirm) 42. Joe Baca 43. Ken Calvert Mr. ORTIZ (at the request of Mr. GEP- that I will support and defend the 44. Mary Bono HARDT) for today on account of official Constitution of the United States 45. Dana Rohrabacher business. against all enemies, foreign and do- 46. Loretta Sanchez Ms. CAPITO (at the request of Mr. mestic; that I will bear true faith 47. Christopher Cox ARMEY) for today on account of official and allegiance to the same; that I 48. Darrell E. Issa business. take this obligation freely, without 49. Susan A. Davis f any mental reservation or purpose 50. Bob Filner of evasion; and that I will well and 51. Randy ‘‘Duke’’ Cunningham SPECIAL ORDERS GRANTED 52. Duncan Hunter faithfully discharge the duties of COLORADO By unanimous consent, permission to the office on which I am about to address the House, following the legis- enter. So help me God.’’ 1. Diana DeGette 2. Mark Udall lative program and any special orders has been subscribed to in person and heretofore entered, was granted to: 3. Scott McInnis filed in duplicate with the Clerk of the 4. Bob Schaffer (The following Members (at the re- House of Representatives by the fol- 5. Joel Hefley quest of Mr. MORAN of Virginia) to re- lowing Members of the 107th Congress, 6. Thomas G. Tancredo vise and extend their remarks and in- pursuant to the provisions of 2 U.S.C. CONNECTICUT clude extraneous material:) 25: 1. John B. Larson Mr. POMEROY, for 5 minutes, today. ALABAMA 2. Rob Simmons Ms. MILLENDER-MCDONALD, for 5 min- 1. Sonny Callahan 3. Rosa L. DeLauro utes, today. 2. Terry Everett 4. Christopher Shays Mr. LANGEVIN, for 5 minutes, today. 3. Bob Riley 5. James H. Maloney Mr. VISCLOSKY, for 5 minutes, today. 4. Robert B. Aderholt 6. Nancy L. Johnson Mr. SKELTON, for 5 minutes, today. 5. Robert E. (Bud) Cramer, Jr. DELAWARE Mrs. MINK of Hawaii, for 5 minutes, 6. Spencer Bachus At Large today. 7. Earl F. Hilliard Michael N. Castle Mr. SMITH of Washington, for 5 min- ALASKA FLORIDA utes, today. At Large 1. Joe Scarborough Mr. HOYER, for 5 minutes, today. Don Young 2. Allen Boyd Mr. MORAN of Virginia, for 5 minutes, ARIZONA 3. Corrine Brown 4. Ander Crenshaw today. 1. Jeff Flake 5. Karen L. Thurman (The following Members (at the re- 2. Ed Pastor 6. Cliff Stearns quest of Mr. CULBERSON) to revise and 3. Bob Stump 7. John L. Mica extend their remarks and include ex- 4. John B. Shadegg 8. Ric Keller 5. Jim Kolbe traneous material:) 9. Michael Bilirakis 6. J.D. Hayworth Mrs. BIGGERT, for 5 minutes, today. 10. C.W. Bill Young Mr. KELLER, for 5 minutes, today. ARKANSAS 11. Jim Davis Mr. THUNE, for 5 minutes, today. 1. Marion Berry 12. Adam H. Putnam

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.049 pfrm02 PsN: H14PT1 H390 CONGRESSIONAL RECORD — HOUSE February 14, 2001 13. Dan Miller 4. Jim McCrery NEW JERSEY 14. Porter J. Goss 5. John Cooksey 1. Robert E. Andrews 15. Dave Weldon 6. Richard H. Baker 2. Frank A. LoBiondo 16. Mark Foley 7. Christopher John 3. Jim Saxton 17. Carrie P. Meek MAINE 4. Christopher H. Smith 18. Ileana Ros-Lehtinen 1. Thomas H. Allen 5. Marge Roukema 19. Robert Wexler 2. John Elias Baldacci 6. Frank Pallone, Jr. 20. Peter Deutsch 7. Mike Ferguson MARYLAND 21. Lincoln Diaz-Balart 8. Bill Pascrell, Jr. 22. E. Clay Shaw, Jr. 1. Wayne T. Gilchrest 9. Steven R. Rothman 23. Alcee L. Hastings 2. Robert L. Ehrlich, Jr. 10. Donald M. Payne GEORGIA 3. Benjamin L. Cardin 11. Rodney P. Frelinghuysen 4. Albert Russell Wynn 1. Jack Kingston 12. Rush D. Holt 5. Steny H. Hoyer 2. Sanford D. Bishop, Jr. 13. Robert Menendez 6. Roscoe G. Bartlett 3. Mac Collins NEW MEXICO 7. Elijah E. Cummings 4. Cynthia A. McKinney 8. Constance A. Morella 1. Heather Wilson 5. John Lewis 2. Joe Skeen 6. Johnny Isakson MASSACHUSETTS 3. Tom Udall 7. Bob Barr 1. John W. Olver NEW YORK 8. Saxby Chambliss 2. Richard E. Neal 1. Felix J. Grucci, Jr. 9. Nathan Deal 3. James P. McGovern 2. Steve Israel 10. Charlie Norwood 4. Barney Frank 3. Peter T. King 11. John Linder 5. Martin T. Meehan 4. Carolyn McCarthy 6. John F. Tierney HAWAII 5. Gary L. Ackerman 7. Edward J. Markey 6. Gregory W. Meeks 1. Neil Abercrombie 8. Michael E. Capuano 7. Joseph Crowley 2. Patsy T. Mink 9. John Joseph Moakley 8. Jerrold Nadler IDAHO 10. William D. Delahunt 9. Anthony D. Weiner 1. C.L. ‘‘Butch’’ Otter MICHIGAN 10. Edolphus Towns 2. Michael K. Simpson 1. Bart Stupak 11. Major R. Owens ILLINOIS 2. Peter Hoekstra 12. Nydia M. Vela´ zquez 1. Bobby L. Rush 3. Vernon J. Ehlers 13. Vito Fossella 2. Jesse L. Jackson, Jr. 4. Dave Camp 14. Carolyn B. Maloney 3. William O. Lipinski 5. James A. Barcia 15. Charles B. Rangel 4. Luis V. Gutierrez 6. Fred Upton 16. Jose´ E. Serrano 5. Rod R. Blagojevich 7. Nick Smith 17. Eliot L. Engel 6. Henry J. Hyde 8. Mike Rogers 18. Nita M. Lowey 7. Danny K. Davis 9. Dale E. Kildee 19. Sue W. Kelly 8. Philip M. Crane 10. David E. Bonior 20. Benjamin A. Gilman 9. Janice D. Schakowsky 11. Joe Knollenberg 21. Michael R. McNulty 10. Mark Steven Kirk 12. Sander M. Levin 22. John E. Sweeney 11. Jerry Weller 13. Lynn N. Rivers 23. Sherwood L. Boehlert 12. Jerry F. Costello 14. John Conyers, Jr. 24. John M. McHugh 13. Judy Biggert 15. Carolyn C. Kilpatrick 25. James T. Walsh 14. J. Dennis Hastert 16. John D. Dingell 26. Maurice D. Hinchey 15. Timothy V. Johnson MINNESOTA 27. Thomas M. Reynolds 16. Donald A. Manzullo 1. Gil Gutknecht 28. Louise McIntosh Slaughter 17. Lane Evans 2. Mark R. Kennedy 29. John J. LaFalce 18. Ray LaHood 3. Jim Ramstad 30. Jack Quinn 19. David D. Phelps 4. Betty McCollum 31. Amo Houghton 20. John Shimkus 5. Martin Olav Sabo NORTH CAROLINA INDIANA 6. Bill Luther 1. Eva M. Clayton 1. Peter J. Visclosky 7. Collin C. Peterson 2. Bob Etheridge 2. Mike Pence 8. James L. Oberstar 3. Walter B. Jones 3. Tim Roemer MISSISSIPPI 4. David E. Price 4. Mark E. Souder 1. Roger F. Wicker 5. Richard Burr 5. Steve Buyer 2. Bennie G. Thompson 6. Howard Coble 6. Dan Burton 3. Charles W. ‘‘Chip’’ Pickering 7. Mike McIntyre 7. Brian D. Kerns 4. Ronnie Shows 8. Robin Hayes 8. John N. Hostettler 5. Gene Taylor 9. Sue Wilkins Myrick 9. Baron P. Hill 10. Cass Ballenger 10. Julia Carson MISSOURI 11. Charles H. Taylor IOWA 1. Wm. Lacy Clay 12. Melvin L. Watt 2. W. Todd Akin 1. James A. Leach NORTH DAKOTA 3. Richard A. Gephardt At Large 2. Jim Nussle 4. Ike Skelton 3. Leonard L. Boswell 5. Karen McCarthy Earl Pomeroy 4. Greg Ganske 6. Sam Graves OHIO 5. Tom Latham 7. Roy Blunt 1. Steve Chabot KANSAS 8. Jo Ann Emerson 2. Rob Portman 1. Jerry Moran 9. Kenny C. Hulshof 3. Tony P. Hall 2. Jim Ryun MONTANA 4. Michael G. Oxley 3. Dennis Moore At Large 5. Paul E. Gillmor 4. Todd Tiahrt 6. Ted Strickland Dennis R. Rehberg KENTUCKY 7. David L. Hobson NEBRASKA 8. John A. Boehner 1. Ed Whitfield 1. Doug Bereuter 9. Marcy Kaptur 2. Ron Lewis 2. Lee Terry 10. Dennis J. Kucinich 3. Anne M. Northup 3. Tom Osborne 11. Stephanie Tubbs Jones 4. Ken Lucas 12. Patrick J. Tiberi 5. Harold Rogers NEVADA 13. Sherrod Brown 6. Ernie Fletcher 1. Shelley Berkley 14. Tom Sawyer 2. Jim Gibbons LOUISIANA 15. Deborah Pryce 1. David Vitter NEW HAMPSHIRE 16. Ralph Regula 2. William J. Jefferson 1. John E. Sununu 17. James A. Traficant, Jr. 3. W.J. (Billy) Tauzin 2. Charles F. Bass 18. Robert W. Ney

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.115 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H391 19. Steven C. LaTourette 24. Martin Frost ard H. Baker, John Elias E. Baldacci, OKLAHOMA 25. Ken Bentsen Tammy Baldwin, Cass Ballenger, Bob Barr, 26. Richard K. Armey Roscoe G. Bartlett, Joe Barton, Charles F. 1. Steve Largent 27. Solomon P. Ortiz Bass, Ken Bentsen, Doug Bereuter, Shelley 2. Brad Carson 28. Ciro D. Rodriguez Berkley, Howard L. Berman, Judy Biggert, 3. Wes Watkins 29. Gene Green Michael Bilirakis, Rod R. Blagojevich, Roy 4. J.C. Watts, Jr. 30. Eddie Bernice Johnson Blunt, Sherwood L. Boehlert, John A. 5. Ernest J. Istook, Jr. UTAH Boehner, Henry Bonilla, David E. Bonior, 6. Frank D. Lucas Robert A. Borski, Leonard L. Boswell, Rick OREGON 1. James V. Hansen Boucher, Kevin Brady, Robert A. Brady, 2. Jim Matheson 1. David Wu Corrine Brown, Sherrod Brown, Henry E. 3. Chris Cannon 2. Greg Walden Brown, Jr., Ed Bryant, Richard Burr, Dan 3. Earl Blumenauer VERMONT Burton, Steve Buyer, Sonny Callahan, Ken 4. Peter A. DeFazio At Large Calvert, Dave Camp, Chris Cannon, Eric Can- tor, Shelley Moore Capito, Lois Capps, Ben- 5. Darlene Hooley Bernard Sanders jamin L. Cardin, Brad Carson, Michael N. PENNSYLVANIA VIRGINIA Castle, Steve Chabot, Saxby Chambliss, Wm. 1. Robert A. Brady 1. Jo Ann Davis Lacy Clay, Eva M. Clayton, Howard Coble, 2. Chaka Fattah 2. Edward L. Schrock Mac Collins, Larry Combest, Gary A. Condit, 3. Robert A. Borski 3. Robert C. Scott Christopher Cox, William J. Coyne, Philip P. 4. Melissa A. Hart 4. Norman Sisisky Crane, Ander Crenshaw, Joseph Crowley, 5. John E. Peterson 5. Virgil H. Goode, Jr. Barbara Cubin, John Abney Culberson, 6. Tim Holden 6. Bob Goodlatte Randy ‘‘Duke’’ Cunningham, Danny K. 7. Curt Weldon 7. Eric Cantor Davis, Jo Ann Davis, Thomas M. Davis, Na- 8. James C. Greenwood 8. James P. Moran than Deal, Peter A. DeFazio, Diana DeGette, 9. Bud Shuster 9. Rick Boucher William D. Delahunt, Rosa L. DeLauro, Tom 10. Don Sherwood 10. Frank R. Wolf DeLay, Jim DeMint, Peter Deutsch, Lincoln 11. Paul E. Kanjorski 11. Thomas M. Davis Diaz-Balart, Norman D. Dicks, John D. Din- gell, Lloyd Doggett, Calvin M. Dooley, John 12. John P. Murtha WASHINGTON 13. Joseph M. Hoeffel T. Doolittle, Michael F. Doyle, David Dreier, 14. William J. Coyne 1. Jay Inslee John J. Duncan, Jr., Jennifer Dunn, Chet Ed- 15. Patrick J. Toomey 2. Rick Larsen wards, Vernon J. Ehlers, Robert L. Ehrlich, 16. Joseph R. Pitts 3. Brian Baird Jr., Jo Ann Emerson, Eliot L. Engel, Phil 17. George W. Gekas 4. Doc Hastings English, Lane Evans, Terry Everett, Sam 18. Michael F. Doyle 5. George R. Nethercutt, Jr. Farr, Mike Ferguson, Jeff Flake, Ernie 19. Todd Russell Platts 6. Norman D. Dicks Fletcher, Mark Foley, Vito Fossella, Barney 20. Frank Mascara 7. Jim McDermott Frank, Rodney P. Frelinghuysen, Martin 21. Phil English 8. Jennifer Dunn Frost, Elton Gallegly, Greg Ganske, George 9. Adam Smith W. Gekas, Richard A. Gephardt, Jim Gib- RHODE ISLAND WEST VIRGINIA bons, Wayne T. Gilchrest, Paul E. Gillmor, 1. Patrick J. Kennedy Benjamin A. Gilman, Charles A. Gonzalez, 2. James R. Langevin 1. Alan B. Mollohan Virgil H. Goode, Jr., Bob Goodlatte, Bart 2. Shelley Moore Capito SOUTH CAROLINA Gordon, Porter J. Goss, Lindsey O. Graham, 3. Nick J. Rahall II Kay Granger, Sam Graves, Gene Green, Mark 1. Henry E. Brown, Jr. WISCONSIN Green, James C. Greenwood, Felix J. Grucci, 2. Floyd Spence 1. Paul Ryan Jr., Gil Gutknecht, Tony P. Hall, James V. 3. Lindsey O. Graham Hansen, Jane Harman, Melissa A. Hart, J. 4. Jim DeMint 2. Tammy Baldwin 3. Ron Kind Dennis Hastert, Alcee L. Hastings, Doc 5. John M. Spratt, Jr. Hastings, Robin Hayes, J. D. Hayworth, Joel 6. James E. Clyburn 4. Gerald D. Kleczka 5. Thomas M. Barrett Hefley, Wally Herger, Van Hilleary, Earl F. SOUTH DAKOTA 6. Thomas E. Petri Hilliard, Maurice D. Hinchey, David L. Hob- At Large 7. David R. Obey son, Joseph M. Hoeffel, Peter Hoekstra, Rush D. Holt, Michael M. Honda, Darlene Hooley, John R. Thune 8. Mark Green 9. F. James Sensenbrenner, Jr. Stephen Horn, John N. Hostettler, Amo TENNESSEE Houghton, Steny H. Hoyer, Kenny C. WYOMING 1. William L. Jenkins Hulshof, Asa Hutchinson, Henry J. Hyde, Jay 2. John J. Duncan, Jr. At Large Inslee, Johnny Isakson, Steve Israel, Darrell 3. Zach Wamp Barbara Cubin E. Issa, Ernest J. Istook, Jr., Jesse L. Jack- 4. Van Hilleary PUERTO RICO son, Jr., Sheila Jackson-Lee, William J. Jef- 5. Bob Clement ferson, William L. Jenkins, Christopher Resident Commissioner 6. Bart Gordon John, Eddie Bernice Johnson, Nancy L. 7. Ed Bryant Anı´bal Acevedo-Vila´ Johnson, Sam Johnson, Timothy V. Johnson, 8. John S. Tanner AMERICAN SAMOA Stephanie Tubbs Jones, Walter B. Jones, 9. Harold E. Ford, Jr. Delegate Paul E. Kanjorski, Marcy Kaptur, Ric Keller, Sue W. Kelly, Mark R. Kennedy, Patrick J. TEXAS Eni F. H. Faleomavaega Kennedy, Brian D. Kerns, Dale E. Kildee, 1. Max Sandlin DISTRICT OF COLUMBIA Ron Kind, Peter T. King, Jack Kingston, 2. Jim Turner Delegate Mark Steven Kirk, Gerald D. Kleczka, Joe 3. Sam Johnson Eleanor Holmes Norton Knollenberg, Jim Kolbe, Dennis J. Kucinich, 4. Ralph M. Hall Ray LaHood, Nick Lampson, James R. 5. Pete Sessions GUAM Langevin, Steve Largent, John B. Larson, 6. Joe Barton Delegate Tom Latham, Steven C. LaTourette, James 7. John Abney Culberson Robert A. Underwood A. Leach, Barbara Lee, Sander M. Levin, 8. Kevin Brady VIRGIN ISLANDS Jerry Lewis, John Lewis, Ron Lewis, John 9. Nick Lampson Linder, William O. Lipinski, Frank A. 10. Lloyd Doggett Delegate LoBiondo, Zoe Lofgren, Nita M. Lowey, 11. Chet Edwards Donna M. Christensen Frank D. Lucas, Ken Lucas, Bill Luther, 12. Kay Granger f Carolyn B. Maloney, James H. Maloney, 13. Mac Thornberry Donald A. Manzullo, Edward J. Markey, 14. Ron Paul OATH FOR ACCESS TO CLASSIFIED Frank Mascara, Robert T. Matsui, Carolyn 15. Rube´n Hinojosa INFORMATION McCarthy, Jim McCrery, John McHugh, 16. Silvestre Reyes Under clause 13 of rule XXIII, the fol- Scott McInnis, Howard P. McKeon, Michael 17. Charles W. Stenholm R. McNulty, Martin T. Meehan, Carrie P. 18. Sheila Jackson-Lee lowing Members executed the oath for Meek, Gregory W. Meeks, John L. Mica, Dan 19. Larry Combest access to classified information: Miller, Gary G. Miller, Patsy T. Mink, John 20. Charles A. Gonzalez Neil Abercrombie, Anı´bal Acevedo-Vila´ , Joseph Moakley, Alan B. Mollohan, Dennis 21. Lamar S. Smith Gary L. Ackerman, Robert B. Aderholt, W. Moore, James P. Moran, Jerry Moran, Con- 22. Tom DeLay Todd Akin, Robert E. Andrews, Richard K. stance A. Morella, John P. Murtha, Sue Wil- 23. Henry Bonilla Armey, Spencer Bachus, Brian Baird, Rich- kins Myrick, Jerrold Nadler, George R.

VerDate 14-FEB-2001 04:00 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K14FE7.115 pfrm02 PsN: H14PT1 H392 CONGRESSIONAL RECORD — HOUSE February 14, 2001 Nethercutt, Jr., Robert W. Ney, Anne M. rule—Office of Security and Emergency Op- Are Blind Or Severely Disabled, transmitting Northup, Charlie Norwood, Jim Nussle, erations; Security Requirements for Pro- the Committee’s final rule—Additions to the James L. Oberstar, David R. Obey, John W. tected Disclosures Under Section 3164 of the Procurement List—received February 6, 2001, Olver, Tom Osborne, Doug Ose, C. L. Otter, National Defense Authorization Act for Fis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Michael G. Oxley, Frank Pallone, Jr., Bill cal Year 2000 [Docket No. SO-RM–00–3164] mittee on Government Reform. Pascrell, Jr., Ed Pastor, Nancy Pelosi, Mike (RIN: 1992–AA26) received February 9, 2001, 837. A letter from the Acting Director, Of- Pence, Collin C. Peterson, John E. Peterson, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Personnel Management, transmitting Thomas E. Petri, David D. Phelps, Charles mittee on Armed Services. the Office’s final rule—Suitability (RIN: W. Pickering, Joseph R. Pitts, Todd Russell 827. A letter from the General Counsel, Na- 3206–AC19) received February 8, 2001, pursu- Platts, Richard W. Pombo, Rob Portman, tional Credit Union Administration, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Deborah Pryce, Adam H. Putnam, Jack mitting the Administration’s final rule— on Government Reform. Quinn, George Radanovich, Nick J. Rahall, Guidelines for Safeguarding Member Infor- 838. A letter from the Assistant Adminis- II, Jim Ramstad, Charles B. Rangel, Ralph mation—received February 9, 2001, pursuant trator for Fisheries, NMFS, National Oce- Regula, Dennis R. Rehberg, Silvestre Reyes, to 5 U.S.C. 801(a)(1)(A); to the Committee on anic and Atmospheric Administration, trans- Thomas M. Reynolds, Bob Riley, Lynn N. Financial Services. mitting the Administration’s final rule— Rivers, Ciro D. Rodriguez, Tim Roemer, Har- 828. A letter from the Assistant General Fisheries of the Northeastern United States; old Rogers, Mike Rogers, Dana Rohrabacher, Counsel for Regulatory Law, Department of 2001 Fishing Quotas for Atlantic Surf Clams, Ileana Ros-Lehtinen, Steven R. Rothman, Energy, transmitting the Department’s final Ocean Quahogs, and Maine Mahogany Ocean Marge Roukema, Edward R. Royce, Bobby L. rule— Nondiscrimination on the Basis of Sex Quahogs [Docket No. 991228355–0370–04; I.D. Rush, Paul Ryan, Jim Ryun, Martin Olav in Education Programs or Activities Receiv- 101200F] (RIN: 0648–AM50) received February Sabo, Loretta Sanchez, Bernard Sanders, ing Federal Financial Assistance (RIN: 1901– 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Max Sandlin, Tom Sawyer, Jim Saxton, Joe AA87) received February 9, 2001, pursuant to the Committee on Resources. 5 U.S.C. 801(a)(1)(A); to the Committee on Scarborough, Bob Schaffer, Janice D. 839. A letter from the Program Analyst, Education and the Workforce. Schakowsky, Adam B. Schiff, Edward L. FAA, Department of Transportation, trans- 829. A communication from the President ´ mitting the Department’s final rule—Air- Schrock, F. James Sensenbrenner, Jr., Jose of the United States, transmitting clarifica- E. Serrano, Pete Sessions, John B. Shadegg, worthiness Directives Stemme GmbH & Co. tion of Presidential Determiniation 2000–30 KG Models S10 and S10–V Sailplanes [Docket E. Clay Shaw, Jr., Christopher Shays, Brad that was issued on September 19, 2000; to the Sherman, Don Sherwood, John Shimkus, No. 2000–CE–81–AD; Amendment 39–12068; AD Committee on Energy and Commerce. 2000–26–18] (RIN: 2120–AA64) received Feb- Ronnie Shows, Rob Simmons, Michael K. 830. A letter from the Assistant General ruary 8, 2001, pursuant to 5 U.S.C. Simpson, Joe Skeen, Ike Skelton, Louise Counsel for Regulatory Law, Office of Envi- 801(a)(1)(A); to the Committee on Transpor- McIntosh Slaughter, Christopher H. Smith, ronment, Safety and Health, Department of Lamar S. Smith, Nick Smith, Vic Snyder, tation and Infrastructure. Energy, transmitting the Department’s final 840. A letter from the Program Analyst, Mark E. Souder, Floyd Spence, John N. rule—Nuclear Safety Management (RIN: Spratt, Jr., Cliff Stearns, Charles W. Sten- FAA, Department of Transportation, trans- 1901–AA34) received February 9, 2001, pursu- mitting the Department’s final rule—Air- holm, Bob Stump, Bart Stupak, John E. ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; Agusta S.p.A. Model Sununu, John E. Sweeney, Thomas G. on Energy and Commerce. A109E Helicopters [Docket No. 2000–SW–07– Tancredo, Ellen O. Tauscher, W. J. (Billy) 831. A letter from the Assistant General Tauzin, Charles H. Taylor, Lee Terry, Wil- Counsel for Regulatory Law, Department of AD; Amendment 39–12044; AD 2000–25–09] liam M. Thomas, Bennie G. Thompson, Mike Energy, transmitting the Department’s final (RIN: 2120–AA64) received February 8, 2001, Thompson, Mac Thornberry, John R. Thune, rule—Contractor Legal Management Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Karen L. Thurman, Todd Tiahrt, Patrick J. quirements; Department of Energy Acquisi- mittee on Transportation and Infrastruc- Tiberi, John F. Tierney, Patrick J. Toomey, tion Regulation (RIN: 1990–AA27) received ture. 841. A letter from the Program Analyst, James A. Traficant, Jr., Mark Udall, Robert February 9, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- A. Underwood, Fred Upton, Peter J. Vis- 801(a)(1)(A); to the Committee on Energy and closky, David Vitter, Greg Walden, James T. Commerce. mitting the Department’s final rule—Air- Walsh, Zach Wamp, Maxine Waters, Wes 832. A letter from the Deputy Executive worthiness Directives; Eurocopter Deutsch- Watkins, J.C. Watts, Jr., Henry A. Waxman, Secretary, Health Care Financing Adminis- land GmbH Model EC135 P1 and EC135 T1 Curt Weldon, Dave Weldon, Jerry Weller, Ed tration, Department of Health and Human Helicopters [Docket No. 2000–SW–23–AD; Whitfield, Roger F. Wicker, Heather Wilson, Services, transmitting the Department’s Amendment 39–12062; AD 2000–26–12] (RIN: Frank R. Wolf, Lynn C. Woolsey, Albert Rus- final rule—Medicaid Program; Medicaid 2120–AA64) received February 8, 2001, pursu- sell Wynn, C.W. Bill Young, Don Young, Managed Care [HCFA–2001–FC] (RIN: 0938– ant to 5 U.S.C. 801(a)(1)(A); to the Committee AI70) received February 13, 2001, pursuant to on Transportation and Infrastructure. f 5 U.S.C. 801(a)(1)(A); to the Committee on 842. A letter from the Program Analyst, FAA, Department of Transportation, trans- EXECUTIVE COMMUNICATIONS, Energy and Commerce. 833. A letter from the Deputy Associate mitting the Department’s final rule—Air- ETC. Administrator, Environmental Protection worthiness Directives; Gulfstream Model G– Under clause 8 of rule XII, executive Agency, transmitting the Agency’s final 1159A(G-III) Series Airplanes [Docket No. communications were taken from the rule—Approval and Promulgation of Air 2000–NM–144–AD; Amendment 39–12070; AD Speaker’s table and referred as follows: Quality Implementation Plans; District of 2000–26–20] (RIN: 2120–AA64) received Feb- Columbia, Maryland, Virginia; Post 1996 ruary 8, 2001, pursuant to 5 U.S.C. 823. A letter from the Deputy Associate Rate-of-Progress Plans, One-Hour Ozone At- 801(a)(1)(A); to the Committee on Transpor- Administrator, Environmental Protection tainment Demonstrations and Attainment tation and Infrastructure. Agency, transmitting the Agency’s final Date Extension for the Metropolitan Wash- 843. A letter from the Program Analyst, rule—Flutolanil, N-(3-(1-methylethoxy) ington D.C. Ozone Nonattainment Area; Cor- FAA, Department of Transportation, trans- phenyl)-2-(trifuoromethyl)benzamide; Pes- rection [DC–2025, MD–3064, VA–5052; FRL– mitting the Department’s final rule—Air- ticide Tolerance [OPP–301094; FRL–6761–1] 6943–9] received February 8, 2001, pursuant to worthiness Directives; SOCATA-Groupe (RIN: 2070–AB78) received February 8, 2001, 5 U.S.C. 801(a)(1)(A); to the Committee on AEROSPATIALE Model TBM 700 Airplanes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Energy and Commerce. [Docket No. 2000–CE–82–AD; Amendment 39– mittee on Agriculture. 834. A letter from the Acting Assistant 12069; AD 2000–26–19] (RIN: 2120–AA64) re- 824. A letter from the Deputy Associate Secretary for Legislative Affairs, Depart- ceived February 8, 2001, pursuant to 5 U.S.C. Administrator, Environmental Protection ment of State, transmitting a notification to 801(a)(1)(A); to the Committee on Transpor- Agency, transmitting the Agency’s final terminate the identification of Serbia as a tation and Infrastructure. rule—Clomazone; Pesticide Tolerance [OPP– particularly severe violator of religious free- 844. A letter from the Regulations Officer, 301101; FRL–6764–2] (RIN: 2070–AB78) received dom; to the Committee on International Re- FMCSA, Department of Transportation, February 8, 2001, pursuant to 5 U.S.C. lations. transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Agri- 835. A letter from the Acting Assistant Federal Motor Carrier Safety Regulations; culture. Secretary for Legislative Affairs, Depart- Definition of Commercial Motor Vehicle 825. A letter from the Deputy Associate ment of State, transmitting a notification to (CMV); Requirements for Operators of Small Administrator, Environmental Protection Authorize the Furnishing of Emergency Mili- Passenger-Carrying CMVs; Delay of Effective Agency, transmitting the Agency’s final tary Assistance to the United Nations Mis- Date [Docket Nos. FMCSA–97–2858 and rule—Carboxin; Extension of Tolerance for sion in Sierra Leone (UNAMSIL), Countries FMCSA–99–5710] (RINs: 2126–AA51 and 2126– Emergency Exemptions [OPP–301100; FRL– Participating in UNAMSIL, and Other Coun- A44 [formerly RINs: 2125–E22 and 2125–AE60]) 6762–9] (RIN: 2070–AB78) received February 8, tries Involved in Peacekeeping Efforts or Af- received February 8, 2001, pursuant to 5 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the filiated Coalition Operations With Respect U.S.C. 801(a)(1)(A); to the Committee on Committee on Agriculture. to Sierra Leone; to the Committee on Inter- Transportation and Infrastructure. 826. A letter from the Assistant General national Relations. 845. A letter from the Deputy Associate Counsel for Regulatory Law, Department of 836. A letter from the Executive Director, Administrator, Environmental Protection Energy, transmitting the Department’s final Committee For Purchase From People Who Agency, transmitting the Agency’s final

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A14FE7.051 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H393 rule—Further Revisions to the Clean Water requirement of the Environmental Protec- waiian government, and for other purposes; Act Regulatory Definition of ‘‘Discharge of tion Agency’s Reformulated Gasoline Pro- to the Committee on Resources. Dredged Material’’: Delay of Effective Date gram, to promote the use of renewable eth- By Mr. ANDREWS: [FRL–6945–3] received February 12, 2001, pur- anol, and for other purposes; to the Com- H.R. 618. A bill to amend title 18, United suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. States Code, to increase to 5 years the period mittee on Transportation and Infrastruc- By Mr. EVANS (for himself and Mr. during which former Members of Congress ture. BILIRAKIS): may not engage in certain lobbying activi- 846. A letter from the Acting General H.R. 609. A bill 10, United States Code, to ties; to the Committee on the Judiciary. Counsel, Office of New Markets Venture Cap- provide limited authority for concurrent re- By Mr. BECERRA (for himself, Mr. ital, Small Business Administration, trans- ceipt of military retired pay and veterans’ MATSUI, Mr. WU, Ms. SCHAKOWSKY, mitting the Administration’s final rule—New disability compensation in the case of cer- Mr. FRANK, Mr. STARK, Ms. PELOSI, Markets Venture Capital Program—received tain disabled military retirees who are over Mr. JACKSON of Illinois, Mr. UNDER- February 8, 2001, pursuant to 5 U.S.C. the age of 65; to the Committee on Armed WOOD, Mr. FILNER, Mr. LANTOS, Mr. 801(a)(1)(A); to the Committee on Small Services, and in addition to the Committee GEORGE MILLER of California, Ms. Business. on Veterans’ Affairs, for a period to be subse- LEE, Ms. ROYBAL-ALLARD, Mr. HORN, 847. A letter from the Chief, Regulations quently determined by the Speaker, in each Mr. RODRIGUEZ, Mr. BACA, Mr. WAX- Branch, Custom Service, Department of the case for consideration of such provisions as MAN, Mr. GONZALEZ, Mr. REYES, Ms. Treasury, transmitting the Department’s fall within the jurisdiction of the committee ESHOO, Mr. NADLER, Mr. final rule—Duty-Free Treatment For Certain concerned. BLAGOJEVICH, Mr. FALEOMAVAEGA, Beverages Made With Caribbean Rum [T.D. By Mr. RUSH (for himself, Mr. Mr. ORTIZ, Mr. GUTIERREZ, Ms. WA- 01–17] (RIN: 1515–AC78) received February 7, BLAGOJEVICH, Mr. COSTELLO, Mr. TERS, and Mr. HONDA): 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the DAVIS of Illinois, Mr. EVANS, Mr. H.R. 619. A bill to allow certain individuals Committee on Ways and Means. GUTIERREZ, Mr. JACKSON of Illinois, of Japanese ancestry who were brought forc- 848. A letter from the Assistant Secretary Mr. LIPINSKI, Ms. SCHAKOWSKY, and ibly to the United States from countries in for Import Administration and the Assistant Mr. SHIMKUS): Latin America during World War II and were U.S. Trade Representative for WTO and Mul- H.R. 610. A bill to amend the Internal Rev- interned in the United States to be provided tilateral Affairs, Department of Commerce, enue Code of 1986 to allow individuals a re- restitution under the Civil Liberties Act of transmitting a report entitled, ‘‘Subsidies fundable credit for a portion of the amount 1988, and for other purposes; to the Com- Enforcement Annual Report To The Con- paid for natural gas; to the Committee on mittee on the Judiciary. gress’’; to the Committee on Ways and Ways and Means. By Ms. BERKLEY (for herself, Mr. Means. By Mr. KILDEE (for himself, Mr. CAS- FROST, Mr. OWENS, Ms. KAPTUR, Mr. 849. A letter from the Chief, Regulations TLE, and Mr. GEORGE MILLER of Cali- KUCINICH, Ms. MCKINNEY, Ms. MCCAR- Unit, Internal Revenue Service, transmitting fornia): THY of Missouri, Mr. MCGOVERN, and the Service’s final rule—Construction Man- H.R. 611. A bill to amend part F of the title Mr. UDALL of New Mexico): H.R. 620. A bill to amend the Elementary agement Contracts—received February 8, X of the Elementary and Secondary Edu- and Secondary Education Act of 1965 to es- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the cation Act of 1965 to improve and refocus tablish the model school dropout prevention Committee on Ways and Means. civic education, and for other purposes; to grant program and the national school drop- 850. A letter from the Chief, Regulations the Committee on Education and the Work- force, and in addition to the Committee on out prevention grant program, and for other Unit, Internal Revenue Service, transmitting purposes; to the Committee on Education the Service’s final rule—Advance Payments International Relations, for a period to be subsequently determined by the Speaker, in and the Workforce. From Construction Service Contracts (Re- By Mr. BERMAN (for himself, Mr. vised)—received February 8, 2001, pursuant each case for consideration of such provi- LEWIS of California, Mr. FARR of Cali- to 5 U.S.C. 801(a)(1)(A); to the Committee on sions as fall within the jurisdiction of the fornia, Mr. THOMAS, Mr. GEORGE MIL- Ways and Means. committee concerned. LER of California, Mr. YOUNG of Flor- 851. A letter from the Deputy Associate By Mr. MANZULLO (for himself, Mr. ida, Ms. HARMAN, Mr. GILMAN, Mr. Administrator, Internal Revenue Service, GALLEGLY, and Mr. SHOWS): WAXMAN, Mr. STUMP, Mr. SHERMAN, transmitting the Service’s final rule—Claim H.R. 612. A bill to amend title 38, United Mr. PETRI, Mr. CONDIT, Mr. SENSEN- Revenue Under A Long-Term Contract—re- States Code, to clarify the standards for BRENNER, Ms. PELOSI, Mr. REGULA, ceived February 8, 2001, pursuant to 5 U.S.C. compensation for Persian Gulf veterans suf- Mr. STARK, Mrs. MINK of Hawaii, Mr. 801(a)(1)(A); to the Committee on Ways and fering from certain undiagnosed illnesses, THOMPSON of California, and Mr. Means. and for other purposes; to the Committee on BACA): 852. A letter from the Chief, Regulations Veterans’ Affairs. By Mr. SMITH of Texas (for himself H.R. 621. A bill to designate the Federal Unit, Internal Revenue Service, transmitting building located at 6230 Van Nuys Boulevard the Service’s final rule—Disclosure of Return and Mr. CLEMENT): H.R. 613. A bill to provide a grant to de- in Van Nuys, California, as the ‘‘James C. Information to the Bureau of the Census [TD velop initiatives and disseminate informa- Corman Federal Building’’; to the Com- 8943] (RIN: 1545–AY51) received February 12, tion about character education, and a grant mittee on Transportation and Infrastruc- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the to research character education; to the Com- ture. Committee on Ways and Means. mittee on Education and the Workforce. By Mr. DEMINT (for himself, Mr. OBER- 853. A letter from the Acting Executive Di- By Mr. COBLE (for himself and Mr. STAR, Mr. BACHUS, Mr. KING, Ms. rector, Office of Compliance, transmitting BERMAN): PRYCE of Ohio, Mr. ACKERMAN, Mr. the annual report on the use of the Office by H.R. 614. A bill to make technical correc- ADERHOLT, Mr. AKIN, Mr. ANDREWS, covered employees for calendar year 2000; tions in copyright law; to the Committee on Mr. ARMEY, Mr. BAIRD, Ms. BALDWIN, jointly to the Committees on House Admin- the Judiciary. Mr. BARRETT, Mr. BARTLETT of Mary- istration and Education and the Workforce. By Mr. COBLE (for himself and Mr. land, Mr. BARTON of Texas, Mr. BE- f BERMAN): REUTER, Mrs. BIGGERT, Mr. BILIRAKIS, H.R. 615. A bill to make technical correc- Mr. BLAGOJEVICH, Mr. BLUNT, Mr. PUBLIC BILLS AND RESOLUTIONS tions in patent, copyright, and trademark BOEHLERT, Mr. BONIOR, Mrs. BONO, Under clause 2 of rule XII, public laws; to the Committee on the Judiciary. Mr. BOUCHER, Mr. BRADY of Texas, bills and resolutions of the following By Mr. HORN (for himself, Mr. BURTON Ms. BROWN of Florida, Mr. BROWN of South Carolina, Mr. BRYANT, Mr. titles were introduced and severally re- of Indiana, Mr. BALLENGER, and Mr. MICA): BURR of North Carolina, Mr. BURTON ferred, as follows: H.R. 616. A bill to establish an Office of of Indiana, Mr. BUYER, Mr. CAL- By Mr. GANSKE (for himself, Mr. Management in the Executive Office of the LAHAN, Mr. CAMP, Mr. CANNON, Mr. SHIMKUS, Mr. EVANS, Mr. LATHAM, President, and to redesignate the Office of CANTOR, Mr. CHABOT, Mr. CHAMBLISS, Mr. WELLER, Mr. BLAGOJEVICH, Mr. Management and Budget as the Office of the Mr. COOKSEY, Mr. COSTELLO, Mr. COX, LEACH, Mr. COSTELLO, Mr. PHELPS, Federal Budget; to the Committee on Gov- Mr. COYNE, Mr. CRAMER, Mr. CRANE, Mr. RAMSTAD, Mr. UPTON, Ms. KAP- ernment Reform. Mrs. CUBIN, Mr. CUNNINGHAM, Mrs. JO TUR, Mr. LAHOOD, Mr. BOSWELL, Mr. By Mr. ABERCROMBIE (for himself, ANN DAVIS of Virginia, Mr. THOMAS MANZULLO, Mr. TERRY, Mr. ENGLISH, Mrs. MINK of Hawaii, Mr. KILDEE, Mr. M. DAVIS of Virginia, Mr. DELAHUNT, Mr. JOHNSON of Illinois, Mrs. THUR- FALEOMAVAEGA, Mr. YOUNG of Alas- Mr. DELAY, Mr. DOOLITTLE, Mr. MAN, Mr. RYUN of Kansas, Mr. BEREU- ka, Mr. HANSEN, and Mr. RAHALL): DOYLE, Mr. DUNCAN, Mr. EHLERS, TER, Mr. SOUDER, Mr. SIMPSON, Mr. H.R. 617. A bill to express the policy of the Mrs. EMERSON, Mr. ENGLISH, Mr. GRAVES, Mr. OSBORNE, Mr. United States regarding the United States’ EVANS, Mr. EVERETT, Mr. FLAKE, Mr. WHITFIELD, and Mrs. EMERSON): relationship with Native Hawaiians, to pro- FLETCHER, Mr. FOLEY, Mr. FOSSELLA, H.R. 608. A bill to amend section 211 of the vide a process for the reorganization of a Na- Mr. FRANK, Mr. FRELINGHUYSEN, Mr. Clean Air Act to prohibit the use of MTBE, tive Hawaiian government and the recogni- FROST, Mr. GIBBONS, Mr. GILLMOR, to provide flexibility within the oxygenate tion by the United States of the Native Ha- Mr. GILMAN, Mr. GOODE, Mr. GORDON,

VerDate 14-FEB-2001 04:21 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L14FE7.000 pfrm02 PsN: H14PT1 H394 CONGRESSIONAL RECORD — HOUSE February 14, 2001

Mr. GRAHAM, Ms. GRANGER, Mr. the Committee on Ways and Means, for a pe- By Ms. DELAURO (for herself and Mr. GREEN of Texas, Mr. GREENWOOD, Mr. riod to be subsequently determined by the LEACH): GRUCCI, Mr. GUTKNECHT, Mr. HALL of Speaker, in each case for consideration of H.R. 633. A bill to reduce health care costs Ohio, Mr. HANSEN, Ms. HART, Mr. such provisions as fall within the jurisdic- and promote improved health by providing HAYES, Mr. HAYWORTH, Mr. HOBSON, tion of the committee concerned. supplemental grants for additional preven- Mr. HOLDEN, Mr. HORN, Mr. By Mr. BOEHNER (for himself and Mr. tive health services for women; to the Com- HOSTETTLER, Mr. HUTCHINSON, Mr. MCHUGH): mittee on Energy and Commerce. INSLEE, Mr. ISAKSON, Mr. JENKINS, H.R. 626. A bill to amend the Consolidated By Mr. DEMINT (for himself, Ms. Mrs. JOHNSON of Connecticut, Mr. Farm and Rural Development Act to author- MCCARTHY of Missouri, Mr. ARMEY, SAM JOHNSON of Texas, Mrs. JONES of ize the Secretary of Agriculture to make Mr. SUNUNU, Mr. WELLER, Mr. STEN- Ohio, Mr. KELLER, Mrs. KELLY, Mr. grants to nonprofit organizations to finance HOLM, Mr. KOLBE, Mrs. JOHNSON of KERNS, Mr. KIND, Mr. KINGSTON, Mr. the construction, refurbishing, and servicing Connecticut, Mr. FOLEY, Mr. SAM KNOLLENBERG, Mr. KOLBE, Mr. of individually-owned household water well JOHNSON of Texas, Mr. GREENWOOD, KUCINICH, Mr. LAHOOD, Mr. LARSON of systems in rural areas for individuals with Mr. WALSH, Mr. BARTLETT of Mary- Connecticut, Mr. LATOURETTE, Mr. low or moderate incomes; to the Committee land, Mr. CALVERT, Mr. CHAMBLISS, LEWIS of Kentucky, Mr. LIPINSKI, Mr. on Agriculture. Mr. COOKSEY, Mr. GRAHAM, Mr. LOBIONDO, Mr. LUCAS of Oklahoma, By Mr. BOEHNER (for himself, Mr. GREEN of Wisconsin, Mr. ISAKSON, Mr. Mrs. MALONEY of New York, Mrs. COOKSEY, Mr. PENCE, Mr. JOHNSON of ISSA, Mr. JONES of North Carolina, MCCARTHY of New York, Ms. MCCAR- Illinois, Mr. OSBORNE, Mr. Mr. LARGENT, Mr. GARY MILLER of THY of Missouri, Mr. MCHUGH, Mr. NETHERCUTT, Mr. FLETCHER, Mr. California, Mr. PITTS, Mr. ROGERS of MCINNIS, Mr. MCINTYRE, Mr. MCNUL- LAHOOD, and Mr. HAYES): Michigan, Mr. RYUN of Kansas, Mr. TY, Mr. MEEHAN, Mr. GARY MILLER of H.R. 627. A bill to provide tax and regu- SCHAFFER, Mr. SESSIONS, Mr. SHAD- California, Mrs. MINK of Hawaii, Mr. latory relief for farmers and to improve the EGG, Mr. SIMPSON, Mr. SPENCE, Mr. MOORE, Mr. MORAN of Virginia, Mrs. competitiveness of American agricultural SWEENEY, Mr. TANCREDO, Mr. TERRY, MORELLA, Mrs. MYRICK, Mr. NADLER, commodities and products in global markets; Mr. WALDEN of Oregon, and Mr. Mr. NEAL of Massachusetts, Mr. NEY, to the Committee on Ways and Means, and in WELDON of Pennsylvania): Mrs. NORTHUP, Mr. OSBORNE, Mr. addition to the Committees on Agriculture, H.R. 634. A bill to amend title XI of the So- OXLEY, Mr. PASCRELL, Mr. PAUL, Mr. Rules, and Government Reform, for a period cial Security Act to include additional infor- PENCE, Mr. PICKERING, Mr. PITTS, Mr. to be subsequently determined by the Speak- mation in Social Security account state- PLATTS, Mr. PRICE of North Carolina, er, in each case for consideration of such pro- ments; to the Committee on Ways and Mr. PUTNAM, Mr. REYNOLDS, Mr. visions as fall within the jurisdiction of the Means. RILEY, Ms. RIVERS, Mr. ROEMER, Mr. committee concerned. By Mr. DOYLE (for himself and Mr. ROGERS of Michigan, Mrs. ROUKEMA, By Ms. BROWN of Florida: COYNE): H.R. 628. A bill to designate the facility of Mr. RYAN of Wisconsin, Mr. RYUN of H.R. 635. A bill to establish the Steel In- the United States Postal Service located at Kansas, Mr. SANDERS, Mr. SCHAFFER, dustry National Historic Park in the Com- 440 South Orange Blossom Trail in Orlando, Ms. SCHAKOWSKY, Mr. SCHROCK, Mr. monwealth of Pennsylvania; to the Com- Florida, as the ‘‘Arthur ‘Pappy’ KENNEDY SCOTT, Mr. SENSENBRENNER, Mr. mittee on Resources. Post Office’’; to the Committee on Govern- SHADEGG, Mr. SHAYS, Mr. SHERWOOD, By Mr. ENGLISH (for himself and Mr. ment Reform. Mr. SHIMKUS, Mr. SIMMONS, Mr. SIMP- PAUL): SON, Mr. SKEEN, Mr. SKELTON, Mr. By Ms. BROWN of Florida: H.R. 629. A bill to designate the facility of H.R. 636. A bill to amend the Internal Rev- SMITH of New Jersey, Mr. SMITH of the United States Postal Service located at enue Code of 1986 to permit private edu- Michigan, Mr. SOUDER, Mr. SPENCE, 1601–1 Main Street in Jacksonville, Florida, cational institutions to maintain qualified Mr. STEARNS, Mr. STUPAK, Mr. as the ‘‘Eddie Mae Steward Post Office’’; to tuition programs which are comparable to SWEENEY, Mr. TANCREDO, Mr. TAUZIN, the Committee on Government Reform. qualified State tuition programs, and for Mr. TERRY, Mrs. THURMAN, Mr. other purposes; to the Committee on Ways By Mrs. CAPPS (for herself, Mr. FOLEY, TIAHRT, Mr. TIBERI, Mr. TOOMEY, Mr. and Means. Mr. GILCHREST, Mr. BROWN of Ohio, UNDERWOOD, Mr. VITTER, Mr. WALDEN By Mr. FLAKE: Mrs. MORELLA, and Ms. MCKINNEY): of Oregon, Mr. WALSH, Mr. WAXMAN, H.R. 630. A bill to provide grants for H.R. 637. A bill to amend the Elementary Mr. WELDON of Florida, Mr. cardiopulmonary resuscitation (CPR) train- and Secondary Education Act of 1965 to WHITFIELD, Mr. WICKER, Mr. WOLF, ing in public schools; to the Committee on eliminate the funding limitation applicable Mr. BAKER, Mr. ALLEN, Mr. WAMP, Education and the Workforce. to grants for special alternative instruc- Mr. LARSEN of Washington, Mr. By Mr. COOKSEY (for himself, Mr. tional programs under subpart 1 of part A of ISTOOK, Mr. CRENSHAW, Ms. CAPITO, CRAMER, and Mr. WELDON of Florida): title VII of such Act; to the Committee on Mr. UDALL of Colorado, Mr. BACA, H.R. 631. A bill to require the Secretary of Education and the Workforce. and Ms. WOOLSEY): the Treasury to mint coins in By Mr. FRANK (for himself, Mr. NAD- H.R. 622. A bill to amend the Internal Rev- commermoration of Project Apollo; to the LER, Ms. BALDWIN, Mrs. LOWEY, and enue Code of 1986 to expand the adoption Committee on Financial Services. Mr. CROWLEY): credit, and for other purposes; to the Com- By Mr. CUNNINGHAM (for himself, Mr. H.R. 638. A bill to provide benefits to do- mittee on Ways and Means. MCDERMOTT, Mr. BOEHLERT, Mr. BILI- mestic partners of Federal employees; to the By Mrs. BIGGERT (for herself, Mr. RAKIS, Mr. HILLIARD, Mr. ROGERS of Committee on Government Reform, and in OSE, and Mr. FATTAH): addition to the Committee on Ways and H.R. 623. A bill to provide funds to assist Michigan, Mr. SCHAFFER, Mr. Means, for a period to be subsequently deter- homeless children and youth; to the Com- GILCHREST, Mr. MORAN of Virginia, mined by the Speaker, in each case for con- mittee on Education and the Workforce, and Mr. FRANK, Mr. MCNULTY, Ms. LEE, in addition to the Committee on Financial Mr. CHAMBLISS, Mr. CAPUANO, Mr. sideration of such provisions as fall within Services, for a period to be subsequently de- MCINTYRE, Mr. SAXTON, Mr. PASTOR, the jurisdiction of the committee concerned. termined by the Speaker, in each case for Mrs. CHRISTENSEN, Mr. SESSIONS, Ms. By Mr. FRELINGHUYSEN (for himself, consideration of such provisions as fall with- BALDWIN, Mr. STENHOLM, Mr. BURTON Mrs. KELLY, Mr. PALLONE, Mrs. ROU- in the jurisdiction of the committee con- of Indiana, Mr. KENNEDY of Rhode Is- KEMA, Mr. MENENDEZ, Mrs. MORELLA, cerned. land, Mr. WELDON of Pennsylvania, Mr. SHAYS, Mr. GREEN of Texas, Mr. By Mr. BILIRAKIS (for himself, Mr. Mr. BONIOR, Mr. CUMMINGS, Mr. PASCRELL, Mr. FERGUSON, Mr. BARRETT, Mr. UPTON, Mr. BROWN of CRAMER, Mr. BRADY of Pennsylvania, SAXTON, Mr. CROWLEY, Mr. MCGOV- Ohio, Mr. EHRLICH, Mrs. THURMAN, Mr. PRICE of North Carolina, Mr. ERN, Mr. LOBIONDO, Mr. BERMAN, Mr. Mr. WAXMAN, Mr. PALLONE, Mr. CONYERS, Mr. KING, Mr. ISSA, Mr. SISISKY, Mr. WELLER, Mr. PETRI, Mr. DEUTSCH, and Mr. WYNN): PICKERING, Mr. WEINER, Mr. GILMAN, FILNER, Mr. HINCHEY, Mr. SERRANO, H.R. 624. A bill to amend the Public Health Mr. WATTS of Oklahoma, Mr. DEAL of Mr. SCHROCK, Mr. BOUCHER, Mr. KING, Service Act to promote organ donation; to Georgia, Mr. HUNTER, Mr. SPENCE, Mr. WELDON of Pennsylvania, Mr. the Committee on Energy and Commerce. Mr. MCKEON, Mr. WAMP, Mrs. WILSON, GOODE, Mr. FRANK, Ms. RIVERS, Ms. By Mr. BLAGOJEVICH: Mr. TOWNS, Ms. CARSON of Indiana, MCKINNEY, Ms. ROYBAL-ALLARD, Mrs. H.R. 625. A bill to amend the Elementary Mr. ISTOOK, Mr. RUSH, Mr. HORN, Mr. MALONEY of New York, Mr. PAYNE, and Secondary Education Act of 1965 to au- FRELINGHUYSEN, Mr. SKELTON, Mr. Ms. BALDWIN, Mr. BAIRD, Mr. GILMAN, thorize grants to States for the construction, LEWIS of California, Mr. PASCRELL, Mr. SWEENEY, Mrs. MCCARTHY of New repair, renovation, and modernization of Mr. HASTINGS of Florida, and Mr. AN- York, Mr. FOSSELLA, Mr. RUSH, Mrs. public school facilities, to amend the Inter- DREWS): CHRISTENSEN, Mr. CAPUANO, Mrs. nal Revenue Code of 1986 to expand the tax H.R. 632. A bill to amend the Public Health LOWEY, Mr. WEINER, and Mr. ABER- incentives for such undertakings, and for Service Act to establish an Office of Men’s CROMBIE): other purposes; to the Committee on Edu- Health; to the Committee on Energy and H.R. 639. A bill to amend title 38, United cation and the Workforce, and in addition to Commerce. States Code, to establish a comprehensive

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L14FE7.100 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H395 program for testing and treatment of vet- H.R. 650. A bill to expand loan forgiveness Resources, for a period to be subsequently erans for the Hepatitis C virus; to the Com- for teachers, and for other purposes; to the determined by the Speaker, in each case for mittee on Veterans’ Affairs. Committee on Education and the Workforce. consideration of such provisions as fall with- By Mr. GALLEGLY (for himself and By Mr. GRAVES: in the jurisdiction of the committee con- Mr. SHERMAN): H.R. 651. A bill to amend the Individuals cerned. H.R. 640. A bill to adjust the boundaries of with Disabilities Education Act to provide By Mr. HOUGHTON (for himself, Mr. Santa Monica Mountains National Recre- increased authority for school personnel to NEAL of Massachusetts, Mr. KLECZKA, ation Area, and for other purposes; to the discipline children with disabilities who en- Mr. COYNE, Mr. CRANE, Mrs. JOHNSON Committee on Resources. gage in certain dangerous behavior; to the of Connecticut, Mr. HERGER, Mr. By Mr. GIBBONS (for himself, Ms. Committee on Education and the Workforce. ENGLISH, Mr. TANNER, Mr. SHAW, Mr. BERKLEY, Mr. BLUNT, Mr. CONYERS, By Mr. GREEN of Texas: SAM JOHNSON of Texas, Mr. MCNULTY, Mr. LOBIONDO, Mr. BONIOR, Mr. H.R. 652. A bill to amend the National Mr. LEWIS of Georgia, Mr. CARDIN, WELLER, and Mr. RANGEL): Labor Relations Act to require the arbitra- Mr. WATKINS, Mr. FOLEY, Mr. H.R. 641. A bill to protect amateur ath- tion of initial contract negotiation disputes, RAMSTAD, Mr. WELLER, Mr. MATSUI, letics and combat illegal sports gambling; to and for other purposes; to the Committee on Mr. RANGEL, Mr. RYAN of Wisconsin, the Committee on the Judiciary, and in addi- Education and the Workforce. and Mr. BECERRA): tion to the Committee on Education and the By Mr. GREEN of Wisconsin: H.R. 661. A bill to amend the Internal Rev- Workforce, for a period to be subsequently H.R. 653. A bill 10, United States Code, to enue Code of 1986 to repeal the provision tax- determined by the Speaker, in each case for direct the Secretary of the Army to establish ing policyholder dividends of mutual life in- consideration of such provisions as fall with- a combat artillery medal; to the Committee surance companies and to repeal the policy- in the jurisdiction of the committee con- on Armed Services. holders surplus account provisions; to the cerned. By Mr. GUTIERREZ (for himself, Mr. Committee on Ways and Means. By Mr. GILCHREST (for himself, Mr. SERRANO, Mr. GONZALEZ, Mr. BER- By Mr. HULSHOF (for himself and Mrs. CARDIN, Mrs. MORELLA, Mr. MAN, and Mr. WAXMAN): THURMAN): CUMMINGS, and Mr. WYNN): H.R. 654. A bill to reduce fraud in connec- H.R. 662. A bill to amend the Internal Rev- H.R. 642. A bill to reauthorize the Chesa- tion with the provision of legal advice and enue Code of 1986 to provide for Farm and peake Bay Office of the National Oceanic and other services to individuals applying for im- Ranch Risk Management Accounts, and for Atmospheric Administration, and for other migration benefits or otherwise involved in other purposes; to the Committee on Ways purposes; to the Committee on Resources. immigration proceedings by requiring paid and Means. By Mr. GILCHREST: immigration consultants to be licensed and By Mr. HUTCHINSON (for himself, Mr. H.R. 643. A bill to reauthorize the African otherwise provide services in a satisfactory RODRIGUEZ, Ms. GRANGER, Mr. ABER- Elephant Conservation Act; to the Com- manner; to the Committee on the Judiciary. CROMBIE, Mr. GREENWOOD, Mr. BENT- mittee on Resources. By Mr. HASTINGS of Florida: SEN, Mrs. KELLY, Mr. BONIOR, Mr. By Mr. GILCHREST: H.R. 655. A bill to establish a commission LEACH, Mrs. CHRISTENSEN, Mrs. H.R. 644. A bill to approve a governing to study the culture and glorification of vio- MORELLA, Mr. CLYBURN, Mr. UPTON, international fishery agreement between the lence in America; to the Committee on the Mr. CRAMER, Mr. GREEN of Texas, Mr. United States and the Government of the Re- Judiciary. HILLIARD, Ms. KILPATRICK, Mrs. public of Estonia; to the Committee on Re- By Mr. HERGER (for himself, Mr. TAN- MALONEY of New York, Mrs. MINK of sources. NER, Mr. MANZULLO, and Ms. VELAZ- Hawaii, and Mr. TOWNS): By Mr. GILCHREST: H.R. 663. A bill to amend the Public Health H.R. 645. A bill to reauthorize the Rhinoc- QUEZ): H.R. 656. A bill to amend the Internal Rev- Service Act to provide for the establishment eros and Tiger Conservation Act of 1994; to enue Code of 1986 of allow use of cash ac- of a National Center for Social Work Re- the Committee on Resources. counting method for certain small busi- search; to the Committee on Energy and By Mr. GILLMOR (for himself, Mr. nesses; to the Committee on Ways and Commerce. DEAL of Georgia, Mr. EHRLICH, Mr. Means. By Mr. JEFFERSON (for himself, Mr. LARGENT, Mr. PICKERING, Mr. By Mr. HERGER (for himself and Mr. ABERCROMBIE, Mr. ALLEN, Mr. AN- STEARNS, and Mrs. WILSON): TANNER): DREWS, Mr. BAIRD, Mr. BALDACCI, Ms. H.R. 646. A bill to establish the Commis- BALDWIN, Mr. BARCIA, Mr. BARTLETT sion to Study the Structure and Reauthor- H.R. 657. A bill to amend the Internal Rev- of Maryland, Mr. BECERRA, Mr. BENT- ization of the Federal Communications Com- enue Code of 1986 to expand the depreciation SEN, Ms. BERKLEY, Mr. BERMAN, Mr. mission; to the Committee on Energy and benefits available to small businesses, and BISHOP, Mr. BLAGOJEVICH, Mr. Commerce. for other purposes; to the Committee on BONIOR, Mrs. BONO, Mr. BORSKI, Mr. By Mr. GOODE (for himself and Mr. Ways and Means. BOUCHER, Ms. BROWN of Florida, Mr. PHELPS): By Mr. HERGER (for himself, Mrs. BROWN of Ohio, Mr. BURR of North H.R. 647. A bill to amend the Internal Rev- THURMAN, Ms. DUNN, Mr. FOLEY, Mr. Carolina, Mr. CANTOR, Mrs. enue Code of 1986 to allow individuals to des- ENGLISH, and Mr. CAMP): CHRISTENSEN, Mr. COYNE, Mr. ignate any portion of a refund for use by the H.R. 658. A bill to amend the Internal Rev- CRAMER, Mr. CROWLEY, Mr. Secretary of Health and Human Services in enue Code of 1986 to ensure that income aver- CUMMINGS, Mr. DEAL of Georgia, Mr. providing catastrophic health coverage to in- aging for farmers not increase a farmer’s li- dividuals who do not otherwise have health ability for the alternative minimum tax; to DEFAZIO, Mr. DELAHUNT, Ms. coverage; to the Committee on Ways and the Committee on Ways and Means. DELAURO, Mr. DOYLE, Mrs. EMERSON, Means, and in addition to the Committee on By Ms. HOOLEY of Oregon (for herself Mr. ENGEL, Mr. FOLEY, Mr. FRANK, Energy and Commerce, for a period to be and Mrs. JOHNSON of Connecticut): Mr. FROST, Mr. GEKAS, Mr. subsequently determined by the Speaker, in H.R. 659. A bill to authorize appropriations GILCHREST, Mr. GILLMOR, Mr. GON- each case for consideration of such provi- for part B of the Individuals with Disabilities ZALEZ, Ms. HART, Mr. HILLIARD, Mr. sions as fall within the jurisdiction of the Education Act to achieve full funding for HOLDEN, Ms. HOOLEY of Oregon, Ms. committee concerned. part B of that Act by 2006; to the Committee EDDIE BERNICE JOHNSON of Texas, Mr. By Mr. GRAHAM (for himself, Mr. AN- on Education and the Workforce. JOHNSON of Illinois, Mr. JONES of DREWS, and Mr. PAUL): By Ms. HOOLEY of Oregon (for herself, North Carolina, Mr. KANJORSKI, Ms. H.R. 648. A bill to amend the Fair Labor Mr. DEFAZIO, Ms. RIVERS, Mr. KAPTUR, Mrs. KELLY, Mr. KIND, Mr. Standards Act of 1938 to exempt licensed fu- BLAGOJEVICH, Ms. BROWN of Florida, KING, Mr. KUCINICH, Mr. LAHOOD, Mr. neral directors and licensed embalmers from Mr. BONIOR, Mr. FILNER, Mr. INSLEE, LANTOS, Mr. LATOURETTE, Mr. the minimum wage and overtime compensa- Mrs. MALONEY of New York, Mr. LOBIONDO, Mrs. LOWEY, Mr. LUTHER, tion requirements of that Act; to the Com- BROWN of Ohio, Mr. MARKEY, Mr. Mr. MALONEY of Connecticut, Mr. mittee on Education and the Workforce. LEWIS of Georgia, Mr. KILDEE, Mr. MASCARA, Mrs. MCCARTHY of New By Mr. GRAHAM: KLECZKA, Mr. CAPUANO, Mr. THOMP- York, Ms. MCCARTHY of Missouri, Mr. H.R. 649. A bill to direct the Secretary of SON of California, Mr. GEORGE MILLER MCDERMOTT, Mr. MCGOVERN, Mr. the Army to lease land at the Richard B. of California, Mr. PALLONE, Mr. HIN- MCHUGH, Mr. MCINTYRE, Ms. MCKIN- Russell Dam and Lake project, South Caro- CHEY, Ms. MCKINNEY, Mr. NEY, Mr. MCNULTY, Mrs. MALONEY of lina, to the South Carolina Department of MCDERMOTT, Ms. LEE, Mrs. MINK of New York, Mrs. MEEK of Florida, Mr. Commerce, and for other purposes; to the Hawaii, Mr. MORAN of Virginia, Mrs. MENENDEZ, Mr. GEORGE MILLER of Committee on Transportation and Infra- THURMAN, Ms. ESHOO, Mr. SANDERS, California, Mrs. MINK of Hawaii, Mrs. structure. Mr. EVANS, Mr. BALDACCI, Mr. MORELLA, Mr. NEAL of Massachu- By Mr. GRAHAM (for himself, Mr. KUCINICH, Mr. WEINER, Mr. MASCARA, setts, Mr. NEY, Mr. OBERSTAR, Mr. DEMINT, Mr. BURR of North Carolina, Mr. LIPINSKI, and Mr. LANTOS): OLVER, Mr. PALLONE, Mr. PAUL, Mr. Mr. HILLEARY, Mr. SPENCE, Mr. H.R. 660. A bill to ensure that exports of PAYNE, Mr. PETRI, Ms. PELOSI, Mr. FLETCHER, Mrs. EMERSON, Mr. FROST, Alaskan North Slope crude oil are prohib- POMEROY, Mr. PORTMAN, Mr. QUINN, Mr. GREEN of Texas, Mr. HASTINGS of ited; to the Committee on International Re- Mr. REYES, Mrs. ROUKEMA, Mr. RUSH, Washington, and Mr. MCKEON): lations, and in addition to the Committee on Mr. SANDERS, Mr. SAWYER, Mr.

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SAXTON, Mr. SCHROCK, Mr. SIMMONS, from other States, and for other purposes; to International Relations, and in addition to Ms. SLAUGHTER, Mr. STARK, Mr. the Committee on Energy and Commerce. the Committees on Financial Services, and THUNE, Mrs. THURMAN, Mr. TOWNS, By Mrs. KELLY (for herself, Mrs. Ways and Means, for a period to be subse- Mr. UDALL of New Mexico, Mr. TAUSCHER, Mr. FILNER, Mrs. JOHNSON quently determined by the Speaker, in each WALSH, Mr. WATKINS, Mr. WATT of of Connecticut, Mr. NEAL of Massa- case for consideration of such provisions as North Carolina, Mr. WAXMAN, Mr. chusetts, Mr. SWEENEY, Mrs. ROU- fall within the jurisdiction of the committee WEXLER, Mr. WHITFIELD, Mr. WOLF, KEMA, Mr. CAPUANO, Mr. LAHOOD, Mr. concerned. and Mr. WYNN): SMITH of New Jersey, Mr. GILMAN, By Mr. LATHAM (for himself, Mr. H.R. 664. A bill to amend title II of the So- Mr. WELLER, Mr. MCGOVERN, Mr. BACHUS, Mr. EHRLICH, Ms. GRANGER, cial Security Act to provide that the reduc- LARSEN of Washington, Mr. TIERNEY, Mr. PITTS, Mrs. EMERSON, Mr. RILEY, tions in Social Security benefits which are and Mrs. THURMAN): Mr. DUNCAN, Mr. SIMPSON, Ms. HART, required in the case of spouses and surviving H.R. 668. A bill to amend the Federal Water Mr. WHITFIELD, Mr. CHAMBLISS, Mr. spouses who are also receiving certain Gov- Pollution Control Act to authorize appro- PAUL, Mr. SMITH of New Jersey, Mr. ernment pensions shall be equal to the priations for State water pollution control PASCRELL, Ms. ROS-LEHTINEN, Mrs. amount by which the total amount of the revolving funds, and for other purposes; to NORTHUP, Mr. BURTON of Indiana, Mr. combined monthly benefit (before reduction) the Committee on Transportation and Infra- HOSTETTLER, and Mr. RYUN of Kan- and monthly pension exceeds $1,200; to the structure. sas): Committee on Ways and Means. By Mr. KENNEDY of Rhode Island: H.R. 676. A bill to amend the Internal Rev- By Mr. BONIOR (for himself, Mr. GEP- H.R. 669. A bill to designate the facility of enue Code of 1986 to increase the maximum HARDT, Mr. FROST, Mr. MENENDEZ, the United States Postal Service located at amount allowable as an annual contributions Ms. DELAURO, Mr. LEWIS of Georgia, 127 Social Street in Woonsocket, Rhode Is- to education individual retirement accounts Mr. PASTOR, Ms. WATERS, Mr. GEORGE land, as the ‘‘Alphonse F. Auclair Post Office from $500 to $2,000, phased in over 3 years; to MILLER of California, Mr. RANGEL, Building’’; to the Committee on Government the Committee on Ways and Means. Mr. SANDLIN, Mr. PHELPS, Mr. ABER- Reform. By Mr. LIPINSKI (for himself, Mr. CROMBIE, Mr. ACEVEDO-VILA, Mr. By Mr. KENNEDY of Rhode Island: LAHOOD, Mr. COSTELLO, Mr. DAVIS of BACA, Mr. BAIRD, Ms. BALDWIN, Mr. H.R. 670. A bill to designate the facility of Illinois, Mr. DEFAZIO, Mr. JOHNSON of BARRETT, Mr. BECERRA, Ms. BERKLEY, the United States Postal Service located at 7 Illinois, and Mr. RAHALL): Mr. BLAGOJEVICH, Mr. BLUMENAUER, Commercial Street in Newport, Rhode Is- H.R. 677. A bill to amend title 49, United Mr. BORSKI, Mr. BRADY of Pennsyl- land, as the ‘‘Bruce F. Cotta Post Office States Code, relating to inspection of com- vania, Ms. BROWN of Florida, Mr. Building’’; to the Committee on Government mercial motor vehicles entering the United BROWN of Ohio, Mr. CAPUANO, Mr. Reform. States along the United States-Mexico bor- der, and for other purposes; to the Com- CARDIN, Mrs. CHRISTENSEN, Mr. CLAY, By Mr. KENNEDY of Rhode Island: mittee on Transportation and Infrastruc- Mr. CLYBURN, Mr. COSTELLO, Mr. H.R. 671. A bill to expand the powers of the ture. COYNE, Mr. CROWLEY, Mr. CUMMINGS, Secretary of the Treasury to regulate the By Mrs. MCCARTHY of New York (for Mr. DEFAZIO, Mr. DELAHUNT, Mr. manufacture, distribution, and sale of fire- herself, Mr. DICKS, Mr. SERRANO, Mr. DICKS, Mr. DINGELL, Mr. ENGEL, Ms. arms and ammunition, and to expand the ju- GEORGE MILLER of California, Mr. ESHOO, Mr. EVANS, Mr. risdiction of the Secretary to include fire- KILDEE, Ms. BROWN of Florida, Mr. FALEOMAVAEGA, Mr. FILNER, Mr. arm products and nonpowder firearms; to the BALDACCI, Mr. GILMAN, Mr. BROWN of FRANK, Mr. GREEN of Texas, Mr. Committee on the Judiciary. Ohio, Mrs. CHRISTENSEN, Mr. FROST, GUTIERREZ, Mr. HALL of Ohio, Mr. By Mr. KLECZKA (for himself and Mr. Mr. CAPUANO, Mrs. JONES of Ohio, Mr. HILLIARD, Mr. HINCHEY, Mr. HOEFFEL, MCDERMOTT): PAUL, Mr. OWENS, Mr. ENGEL, Mr. Mr. HONDA, Mr. INSLEE, Mr. JACKSON H.R. 672. A bill to amend the Internal Rev- EVANS, Mr. WAXMAN, and Ms. WOOL- of Illinois, Ms. JACKSON-LEE of Texas, enue Code of 1986 to eliminate the marriage SEY): Mr. JEFFERSON, Ms. EDDIE BERNICE penalty in the standard deduction; to the H.R. 678. A bill to amend the Internal Rev- JOHNSON of Texas, Mrs. JONES of Committee on Ways and Means. By Mr. KOLBE (for himself, Mr. enue Code of 1986 to increase the amount of Ohio, Mr. KANJORSKI, Ms. KAPTUR, the student loan interest deduction and to KNOLLENBERG, Mr. LATOURETTE, and Mr. KENNEDY of Rhode Island, Mr. allow more taxpayers to claim that deduc- Mr. CAMP): KILDEE, Ms. KILPATRICK, Mr. tion; to the Committee on Ways and Means. KUCINICH, Mr. LAFALCE, Mr. H.R. 673. A bill to amend the Internal Rev- enue Code of 1986 to provide a credit for char- By Mr. MCKEON: LAMPSON, Mr. LANGEVIN, Mr. LANTOS, H.R. 679. A bill to prohibit mining on a cer- itable contributions to fight poverty; to the Ms. LEE, Mr. MALONEY of Con- tain tract of Federal land in Los Angeles Committee on Ways and Means. necticut, Mr. MARKEY, Mr. MASCARA, County, California, and for other purposes; By Mr. LAFALCE (for himself, Mr. Mr. MATSUI, Ms. MCCARTHY of Mis- to the Committee on Resources. LEACH, Mr. FRANK, Mr. KANJORSKI, souri, Ms. MCCOLLUM, Mr. By Mrs. MALONEY of New York (for Mrs. MALONEY of New York, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. herself, Mr. FROST, Mr. GREEN of GUTIERREZ, Mr. SANDERS, Mr. BENT- MCKINNEY, Mr. MEEHAN, Mrs. MEEK Texas, Mr. HINCHEY, Mr. CUMMINGS, SEN, Ms. HOOLEY of Oregon, Mr. of Florida, Mr. MEEKS of New York, Mr. DAVIS of Illinois, Mr. FILNER, Ms. SANDLIN, Mrs. JONES of Ohio, Mr. Mrs. MINK of Hawaii, Mr. MOAKLEY, EDDIE BERNICE JOHNSON of Texas, Ms. CAPUANO, Ms. PELOSI, Mr. HINCHEY, Mr. MURTHA, Mr. NADLER, Mr. NEAL MILLENDER-MCDONALD, Ms. MCKIN- Ms. MCCARTHY of Missouri, Mr. of Massachusetts, Ms. NORTON, Mr. NEY, Mr. MCNULTY, Mrs. MEEK of HOLDEN, Ms. KAPTUR, Mr. FARR of OBEY, Mr. OLVER, Mr. OWENS, Mr. Florida, Mr. RUSH, Mr. WYNN, Mr. California, Mr. MCGOVERN, Ms. PALLONE, Mr. PAYNE, Mr. PRICE of OLVER, and Mr. PETRI): North Carolina, Mr. RAHALL, Ms. RIV- ESHOO, and Ms. MCKINNEY): H.R. 680. A bill to provide funds for the H.R. 674. A bill to amend section 203 of the ERS, Ms. ROYBAL-ALLARD, Mr. RUSH, planning of a special census of Americans re- Mr. SABO, Ms. SANCHEZ, Mr. SANDERS, National Housing Act to provide for 1 per- siding abroad; to the Committee on Govern- Mr. SAWYER, Ms. SCHAKOWSKY, Mr. cent downpayments for FHA mortgage loans ment Reform. SERRANO, Ms. SLAUGHTER, Ms. SOLIS, for teachers and public safety officers to buy By Mrs. MALONEY of New York (for Mr. STARK, Mr. STRICKLAND, Mr. homes within the jurisdictions of their em- herself, Mr. BRADY of Pennsylvania, THOMPSON of Mississippi, Mr. ploying agencies; to the Committee on Fi- Mr. CUMMINGS, Mr. DAVIS of Illinois, TIERNEY, Mr. TOWNS, Ms. VELAZQUEZ, nancial Services. Mr. FROST, Ms. MCKINNEY, Mr. EN Mr. WAXMAN, Mr. WEINER, Mr. By Mr. LANTOS (for himself, Mr. K - PASCRELL, Mr. PASTOR, and Mr. RAN- NEDY MITH WEXLER, Ms. WOOLSEY, Mr. WU, and of Rhode Island, Mr. S of GEL): Mr. WYNN): New Jersey, Mr. KIRK, Mr. MCGOV- H.R. 681. A bill to amend title 13, United H.R. 665. A bill to amend the Fair Labor ERN, Mrs. LOWEY, Mr. CAPUANO, Mr. States Code, to provide that the term of of- Standards Act of 1938 to provide for an in- BERMAN, Mr. ACKERMAN, Mr. WEINER, fice of the Director of the Census shall be 5 crease the Federal minimum wage; to the Mr. FALEOMAVAEGA, Mr. CROWLEY, years, to require that such Director report Committee on Education and the Workforce. Ms. PELOSI, Mr. OBERSTAR, Mr. directly to the Secretary of Commerce, and By Mr. SAM JOHNSON of Texas (for KUCINICH, Mr. MCDERMOTT, Mr. HALL for other purposes; to the Committee on himself and Mr. MATSUI): of Ohio, Mr. KILDEE, Mr. HINCHEY, Government Reform. H.R. 666. A bill to amend the Internal Rev- Ms. MCCOLLUM, Mr. LANGEVIN, Mr. By Mrs. MALONEY of New York: enue Code of 1986 to apply the look-thru HOEFFEL, Mr. FRANK, Mr. WU, Mr. H.R. 682. A bill to amend the Hate Crime rules for purposes of the foreign tax credit BROWN of Ohio, Mr. MCNULTY, Mr. Statistics Act to require the Attorney Gen- limitation to dividends from foreign corpora- DELAHUNT, and Mr. HASTINGS of Flor- eral to acquire data about crimes that mani- tions not controlled by a domestic corpora- ida): fest evidence of prejudice based on gender; to tion; to the Committee on Ways and Means. H.R. 675. A bill to provide assistance to the Committee on the Judiciary. By Mr. KANJORSKI: East Timor to facilitate the transition of By Mr. MARKEY (for himself, Mr. H.R. 667. A bill to authorize certain States East Timor to an independent nation, and FROST, Mrs. MALONEY of New York, to prohibit the importation of solid waste for other purposes; to the Committee on and Mr. HILLIARD):

VerDate 14-FEB-2001 04:07 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\L14FE7.100 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H397 H.R. 683. A bill to increase the authoriza- By Mr. NADLER (for himself, Mr. of such provisions as fall within the jurisdic- tion of appropriations for low-income energy ABERCROMBIE, Mr. ACKERMAN, Ms. tion of the committee concerned. assistance, weatherization, and State energy BALDWIN, Mr. BECERRA, Mr. BERMAN, By Mr. SANDERS (for himself, Mr. conservation grant programs, to expand the Mr. BROWN of Ohio, Mr. CAPUANO, Mr. DEUTSCH, Mr. SHOWS, Mr. BROWN of use of energy savings performance contracts, CROWLEY, Mr. DAVIS of Illinois, Mr. Ohio, Mr. BONIOR, Ms. KAPTUR, Ms. and for other purposes; to the Committee on DEFAZIO, Mr. DELAHUNT, Mr. FARR of DELAURO, Mr. CONYERS, Mr. NADLER, Energy and Commerce, and in addition to California, Mr. FILNER, Mr. FRANK, Mrs. MINK of Hawaii, Mr. OBERSTAR, the Committee on Education and the Work- Mr. GUTIERREZ, Mr. HOLT, Mr. Mr. CROWLEY, Mr. ABERCROMBIE, Mr. force, for a period to be subsequently deter- LARSON of Connecticut, Mr. LEWIS of DEFAZIO, Mr. HILLIARD, Mr. FILNER, mined by the Speaker, in each case for con- Georgia, Mrs. LOWEY, Mrs. MALONEY Mr. OLVER, Mr. LAFALCE, and Mr. sideration of such provisions as fall within of New York, Mr. MALONEY of Con- HINCHEY): the jurisdiction of the committee concerned. necticut, Ms. MCCOLLUM, Mr. H.R. 698. A bill to amend the Federal Food, By Ms. MILLENDER-MCDONALD: MCDERMOTT, Mr. MCNULTY, Mr. MEE- Drug, and Cosmetic Act with respect to the H.R. 684. A bill to authorize assistance for HAN, Ms. NORTON, Mr. OWENS, Ms. importation of certain prescription drugs by mother-to-child HIV/AIDS transmission pre- PELOSI, Ms. RIVERS, Ms. ROYBAL-AL- pharmacists and wholesalers; to the Com- vention efforts; to the Committee on Inter- LARD, Mr. SANDERS, Ms. SCHAKOWSKY, mittee on Energy and Commerce. national Relations. Mrs. TAUSCHER, Mr. TOWNS, Mr. WAX- By Mr. SAXTON: By Mr. GEORGE MILLER of Cali- MAN, Mr. WEINER, Mr. WEXLER, Ms. H.R. 699. A bill to amend title 10, United fornia: States Code, to change the effective date for H.R. 685. A bill to amend the Reclamation WOOLSEY, Mr. BRADY of Pennsyl- paid-up coverage under the military Sur- Wastewater and Groundwater Study and Fa- vania, Ms. LEE, Mr. MCGOVERN, and vivor Benefit Plan from October 1, 2008, to cilities Act to authorize certain projects in Mr. STARK): H.R. 690. A bill to amend the Immigration October 1, 2002; to the Committee on Armed California for the use or reuse of reclaimed Services. water and for the design and construction of and Nationality Act to provide a mechanism demonstration and permanent facilities for for United States citizens and lawful perma- By Mr. SAXTON: H.R. 700. A bill to reauthorize the Asian that purpose, and for other purposes; to the nent residents to sponsor their permanent Elephant Conservation Act of 1997; to the Committee on Resources. partners for residence in the United States, Committee on Resources. By Mrs. MINK of Hawaii (for herself, and for other purposes; to the Committee on By Mr. YOUNG of Alaska (for himself, Mr. PAUL, Mr. BLAGOJEVICH, Ms. the Judiciary. Mr. DINGELL, Mr. TAUZIN, Mr. GEORGE PELOSI, Mr. UNDERWOOD, Ms. BROWN By Mr. OBERSTAR: H.R. 691. A bill to extend the authorization MILLER of California, Mr. JOHN, Mr. of Florida, Mr. HILLIARD, Mr. of funding for child passenger protection HANSEN, Mr. RAHALL, Mr. KILDEE, ETHERIDGE, Mr. COSTELLO, Mr. Mr. COOKSEY, and Mr. SAXTON): HINOJOSA, Mr. MENENDEZ, Ms. KIL- education grants through fiscal year 2003; to H.R. 701. A bill to use royalties from Outer PATRICK, Ms. ROYBAL-ALLARD, Mr. the Committee on Transportation and Infra- Continental Shelf oil and gas production to KUCINICH, Ms. RIVERS, Mr. TRAFI- structure. establish a fund to meet the outdoor con- CANT, Ms. WOOLSEY, Mrs. KELLY, Mr. By Mr. OSBORNE (for himself, Mr. servation and recreation needs of the Amer- DAVIS of Illinois, Mr. ABERCROMBIE, NETHERCUTT, Mr. POMEROY, Mr. ican people, and for other purposes; to the and Mr. GREEN of Texas): BALDACCI, Mr. PHELPS, Mr. PETRI, H.R. 686. A bill to amend the Internal Rev- Mr. BOEHLERT, Mrs. EMERSON, and Committee on Resources. enue Code of 1986 to repeal the 60-month lim- Mr. THUNE): By Mr. SAXTON (for himself and Mr. itation period on the allowance of a deduc- H.R. 692. A bill to amend subpart 2 of part GILCHREST): tion of interest on loans for higher education J of title X of the Elementary and Secondary H.R. 702. A bill to encourage the safe and expenses; to the Committee on Ways and Education Act of 1965 to make improvements responsible use of personal watercraft, and Means. to the rural education achievement program; for other purposes; to the Committee on By Mr. MOORE (for himself, Ms. to the Committee on Education and the Transportation and Infrastructure, and in MCKINNEY, Mr. FROST, Ms. MCCARTHY Workforce. addition to the Committee on Resources, for of Missouri, Mr. BENTSEN, Ms. BERK- By Mr. PASCRELL (for himself, Mrs. a period to be subsequently determined by LEY, and Mrs. JONES of Ohio): MALONEY of New York, Mrs. MCCAR- the Speaker, in each case for consideration H.R. 687. A bill to expand the teacher loan THY of New York, Mr. WEINER, Mr. of such provisions as fall within the jurisdic- forgiveness programs under the Federal DELAHUNT, Mr. CAPUANO, Mr. BRADY tion of the committee concerned. Family Education Loan and Federal Direct of Pennsylvania, and Mr. BARRETT): By Mr. SCOTT: Loan programs; to the Committee on Edu- H.R. 693. A bill to ban the manufacture of H.R. 703. A bill to amend the Internal Rev- cation and the Workforce. handguns that cannot be personalized, to enue Code of 1986 to provide incentives to By Mr. MOORE (for himself, Ms. provide for a report to the Congress on the public elementary and secondary school DELAURO, Mrs. MALONEY of New commercial feasibility of personalizing fire- teachers by providing a tax credit for teach- York, Mrs. THURMAN, Mr. arms, and to provide for grants to improve ing expenses, professional development ex- BLAGOJEVICH, Mr. DAVIS of Illinois, firearm safety; to the Committee on the Ju- penses, and student education loans; to the Ms. EDDIE BERNICE JOHNSON of Texas, diciary. Committee on Ways and Means. Mr. BLUMENAUER, Mr. LIPINSKI, Mr. By Mr. PAUL: By Mr. SHERMAN (for himself, Mr. SERRANO, and Ms. MCKINNEY): H.R. 694. A bill to amend the National DOOLITTLE, Mrs. CAPPS, Mr. GARY H.R. 688. A bill to amend the Poison Pre- Labor Relations Act to permit elections to MILLER of California, Mr. FILNER, Mr. vention Packaging Act to authorize the Con- decertify representation by a labor organiza- HUNTER, Ms. MILLENDER-MCDONALD, sumer Product Safety Commission to require tion; to the Committee on Education and the Ms. WOOLSEY, Ms. BERKLEY, Mr. LAN- child-proof caps for portable gasoline con- Workforce. TOS, Mr. THOMPSON of California, Ms. tainers; to the Committee on Energy and By Mr. PETERSON of Pennsylvania LOFGREN, Mr. HONDA, and Mr. Commerce. (for himself, Mr. MURTHA, Mr. SHER- GEORGE MILLER of California): By Mrs. MORELLA (for herself, Mr. WOOD, Mr. BRADY of Pennsylvania, H.R. 704. A bill to permit the States in the BENTSEN, Ms. BERKLEY, Mr. Mr. ENGLISH, Mr. DOYLE, Mr. GEKAS, Pacific time zone to temporarily adjust the BLUMENAUER, Mr. CAPUANO, Mr. Mr. HOLDEN, Mr. GREENWOOD, Mr. standard time in response to the energy cri- CUMMINGS, Mr. DAVIS of Illinois, Mr. MASCARA, Ms. HART, Mr. WELDON of sis; to the Committee on Energy and Com- DELAHUNT, Ms. DELAURO, Mr. FILNER, Pennsylvania, Mr. PLATTS, and Mr. merce. Mr. FORD, Mr. FROST, Mr. GOODE, Mr. KANJORSKI): By Mr. SIMPSON (for himself, Mr. GIB- GREEN of Texas, Mr. HINCHEY, Mrs. H.R. 695. A bill to establish the Oil Region BONS, Mr. SCHAFFER, Mr. RADANO- KELLY, Ms. KILPATRICK, Mrs. National Heritage Area; to the Committee VICH, Mr. OTTER, Mr. CANNON, and MALONEY of New York, Mr. MCNULTY, on Resources. Mr. WALDEN of Oregon): Mr. MEEHAN, Mrs. MEEK of Florida, By Mr. RANGEL: H.R. 705. A bill to subject the United Ms. MILLENDER-MCDONALD, Mrs. H.R. 696. A bill to permit expungement of States to imposition of fees and costs in pro- MINK of Hawaii, Mr. MORAN of Vir- records of certain nonviolent criminal of- ceedings relating to State water rights adju- ginia, Mr. MURTHA, Mr. NADLER, Mr. fenses; to the Committee on the Judiciary. dications; to the Committee on the Judici- PASCRELL, Mr. PALLONE, Mr. By Mr. RANGEL: ary. SANDLIN, Mr. SHERMAN, Mrs. THUR- H.R. 697. A bill to amend the Controlled By Mr. SKEEN: MAN, Mr. WAXMAN, Mr. WEXLER, and Substances Act and the Controlled Sub- H.R. 706. A bill to direct the Secretary of Ms. WOOLSEY): stances Import and Export Act to eliminate the Interior to convey certain properties in H.R. 689. A bill to amend title 5, United certain mandatory minimum penalties relat- the vicinity of the Elephant Butte Reservoir States Code, to ensure that coverage of bone ing to crack cocaine offenses; to the Com- and the Caballo Reservoir, New Mexico; to mass measurements is provided under the mittee on the Judiciary, and in addition to the Committee on Resources. health benefits program for Federal employ- the Committee on Energy and Commerce, for By Mr. SMITH of New Jersey: ees; to the Committee on Government Re- a period to be subsequently determined by H.R. 707. A bill to amend the Nicaraguan form. the Speaker, in each case for consideration Adjustment and Central American Relief Act

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to provide to certain nationals of El Sal- 1965; to the Committee on Education and the California, Mr. GOODLATTE, Mr. PICK- vador, Guatemala, Honduras, and Haiti an Workforce. ERING, Mr. DEAL of Georgia, Mr. opportunity to apply for adjustment of sta- By Mr. TIERNEY (for himself, Mr. LARGENT, Mr. FOSSELLA, Mr. WALDEN tus under that Act, and for other purposes; MOAKLEY, Mr. MARKEY, Mr. PALLONE, of Oregon, Mr. BRYANT, Mr. TAUZIN, to the Committee on the Judiciary. Mr. STARK, Mr. MCGOVERN, Mr. Mr. GILLMOR, Mr. FRELINGHUYSEN, By Mr. STARK: FRANK, Mr. CAPUANO, Mr. ANDREWS, Ms. CARSON of Indiana, Mr. KILDEE, H.R. 708. A bill to establish a congressional Mr. DELAHUNT, Mr. MEEHAN, Mr. Mr. ENGLISH, Mr. LEVIN, Mr. SIM- commemorative medal for organ donors and MENENDEZ, Ms. MILLENDER-MCDON- MONS, Ms. ESHOO, Mr. HINCHEY, Mr. their families; to the Committee on Finan- ALD, Mr. GEORGE MILLER of Cali- TERRY, Mr. RUSH, Mr. BONIOR, Mr. cial Services, and in addition to the Com- fornia, Mr. NADLER, Mr. NEAL of Mas- HORN, Mrs. EMERSON, Mr. ENGEL, mittee on Energy and Commerce, for a pe- sachusetts, Mr. OLVER, Ms. PELOSI, Mrs. JO ANN DAVIS of Virginia, Ms. riod to be subsequently determined by the Ms. WOOLSEY, and Mr. WEINER): DEGETTE, Ms. HARMAN, Mr. MOORE, Speaker, in each case for consideration of H.R. 715. A bill to require a study by the Mr. SHIMKUS, Mr. BARRETT, Mr. BOU- such provisions as fall within the jurisdic- Bureau of Labor Statistics to develop a CHER, Mr. GREENWOOD, Ms. MCCARTHY tion of the committee concerned. methodology for measuring the cost of living of Missouri, Mr. CRAMER, Mr. SES- By Mr. STUPAK: in each State, and to require a study by the SIONS, Mr. GORDON, Mr. SHOWS, Mr. H.R. 709. A bill to provide that a grantee General Accounting Office to determine how FRANK, Ms. MCKINNEY, Mr. HOLT, Mr. may not receive the full amount of a block Federal benefits would be increased in each SANDLIN, Mr. SAWYER, Mr. STRICK- grant under the Local Law Enforcement State if the determination of such benefits LAND, Mr. WELLER, Mr. KING, Mr. Block Grant program unless that grantee were based on such methodology; to the BAKER, Ms. HART, Mr. PITTS, Mr. adopts a health standard establishing a legal Committee on Education and the Workforce, UDALL of New Mexico, Mr. LUTHER, presumption that heart, lung, and res- and in addition to the Committees on Ways Mr. REYES, Ms. PELOSI, Mr. FROST, piratory disease are occupational diseases and Means, and Financial Services, for a pe- Mr. EHRLICH, Mr. BURR of North for public safety officers; to the Committee riod to be subsequently determined by the Carolina, Mr. ADERHOLT, Mr. WOLF, on the Judiciary. Speaker, in each case for consideration of Mr. ISAKSON, Mrs. CUBIN, Mr. BARTON By Mr. SUNUNU (for himself, Mr. STU- such provisions as fall within the jurisdic- of Texas, Mr. STEARNS, Mr. OXLEY, tion of the committee concerned. PAK, Mr. BASS, Mr. HUTCHINSON, Mr. Ms. DUNN, Mr. HASTINGS of Wash- By Mr. WELDON of Florida (for him- SCHAFFER, Mr. NETHERCUTT, Mrs. ington, Mr. STUPAK, and Mr. BLUNT): THURMAN, Mr. ROGERS of Michigan, self, Mr. GREEN of Texas, Mr. SHAW, H.R. 718. A bill to protect individuals, fam- Mr. FROST, Mr. SMITH of New Jersey, Mr. STARK, and Mr. SESSIONS): ilies, and Internet service providers from un- Ms. NORTON, Ms. MCCARTHY of Mis- H.R. 716. A bill to provide for a study of an- solicited and unwanted electronic mail; to souri, Mr. HOLT, and Mr. FOSSELLA): esthesia services furnished under the Medi- the Committee on Energy and Commerce, H.R. 710. A bill to amend the Taxpayer Re- care Program, and to expand arrangements and in addition to the Committee on the Ju- lief Act of 1997 to provide for consistent under which certified registered nurse anes- diciary, for a period to be subsequently de- treatment of survivor benefits for public thetists may furnish such services; to the termined by the Speaker, in each case for safety officers killed in the line of duty; to Committee on Ways and Means, and in addi- consideration of such provisions as fall with- the Committee on Ways and Means. tion to the Committee on Energy and Com- in the jurisdiction of the committee con- By Mr. TANCREDO (for himself and merce, for a period to be subsequently deter- cerned. Mr. SCHAFFER): mined by the Speaker, in each case for con- By Mr. WU (for himself and Mr. H.R. 711. A bill to amend title 49, United sideration of such provisions as fall within FLETCHER): States Code, to clarify that State attorney the jurisdiction of the committee concerned. H.R. 719. A bill to amend the Elementary generals may enforce State consumer protec- By Mr. WICKER (for himself, Mr. PE- and Secondary Education Act of 1965 to en- tion laws with respect to air transportation TERSON of Minnesota, Mr. GREEN- sure that senior citizens are given an oppor- and the advertisement and sale of air trans- WOOD, Mr. TANNER, Mr. EHRLICH, Mr. tunity to serve as mentors, tutors, and vol- portation services, and for other purposes; to CRAMER, Mr. GORDON, Mrs. EMERSON, unteers for certain programs; to the Com- the Committee on Transportation and Infra- Mr. RILEY, Mr. BRYANT, Mr. FORD, mittee on Education and the Workforce. structure. Mr. FOLEY, Ms. HOOLEY of Oregon, By Mr. WU (for himself, Mrs. MEEK of By Mr. THOMPSON of California (for Mr. KING, Mr. HOBSON, Mr. PICK- Florida, Mr. HASTINGS of Florida, Mr. himself, Mr. HONDA, Mr. MATSUI, Mr. ERING, Mr. CHAMBLISS, Mr. EHLERS, DIAZ-BALART, and Ms. ROS- BACA, Mr. CONDIT, Ms. WOOLSEY, Mr. Mr. TOWNS, Mr. MCGOVERN, Mr. LEHTINEN): FARR of California, Mr. FILNER, Mr. LATOURETTE, Mr. DOOLITTLE, Mr. H.R. 720. A bill to amend the Immigration HUNTER, Mr. STARK, and Ms. SOLIS): WATTS of Oklahoma, Ms. GRANGER, and Nationality Act to provide temporary H.R. 712. A bill to provide for a study by Mr. BLUMENAUER, Mr. MURTHA, Mr. protected status to certain unaccompanied the National Academy of Sciences to deter- OLVER, Mr. BOEHLERT, Mr. GOOD- alien children, to provide for the adjustment mine the causes of recent increases in the LATTE, Mr. HOLDEN, Mr. WATKINS, Mr. of status of aliens unlawfully present in the price of natural gas, and for other purposes; COBLE, Mr. ISAKSON, Mr. LOBIONDO, United States who are under 18 years of age, to the Committee on Energy and Commerce. Mr. MCCRERY, Mr. KERNS, Mr. GIL- and for other purposes; to the Committee on By Mr. TIERNEY (for himself, Ms. LEE, MAN, Mr. ROHRABACHER, Mr. ISSA, Mr. the Judiciary. Mr. CONYERS, Mr. DOYLE, Mr. BONIOR, CALVERT, Mr. LANGEVIN, Mrs. MEEK By Mr. WYNN (for himself, Mr. BROWN Mr. NADLER, Mrs. MINK of Hawaii, of Florida, Mr. HASTINGS of Florida, of Ohio, Mr. LANGEVIN, Ms. EDDIE Mr. OLVER, Mr. MARKEY, Ms. NORTON, Ms. BROWN of Florida, Mr. MILLER of BERNICE JOHNSON of Texas, Mr. Mr. GEORGE MILLER of California, Mr. Florida, Mr. OTTER, Mr. WALDEN of DEFAZIO, Mr. MEEKS of New York, BLUMENAUER, Mr. UDALL of Colorado, Oregon, Mrs. MYRICK, Mr. LAHOOD, Mr. DELAHUNT, Mr. BALDACCI, Mr. Mrs. MALONEY of New York, Mr. Mr. LIPINSKI, Mr. LEWIS of Kentucky, FROST, Mr. WEXLER, Mr. GEORGE MIL- SERRANO, and Mr. HINCHEY): Mr. WOLF, Mr. HOSTETTLER, Mr. LER of California, Mr. BLAGOJEVICH, H.R. 713. A bill to require the Secretary of KINGSTON, Mr. SCARBOROUGH, Mr. Mr. WATT of North Carolina, Mr. Agriculture to complete a report regarding UPTON, Mr. LEACH, Mr. GILLMOR, Mr. HOLDEN, Mr. BONIOR, Mr. GUTIERREZ, the safety and monitoring of genetically en- WALSH, Mr. QUINN, Mr. GANSKE, Mr. Ms. MCCARTHY of Missouri, Mr. SISI- gineered foods, and for other purposes; to the JONES of North Carolina, Mr. BACHUS, SKY, Mr. SANDERS, Mr. ENGEL, Mr. Committee on Agriculture. Mr. OXLEY, Mr. TIAHRT, Mr. WELLER, MCNULTY, Mr. PAYNE, Mr. KILDEE, By Mr. TIERNEY (for himself, Mr. Mr. MATSUI, Mr. WELDON of Florida, Mr. FILNER, Mr. CUMMINGS, Ms. BAIRD, Mr. CAPUANO, Ms. CARSON of Mr. REYNOLDS, Mr. GUTKNECHT, Mr. WOOLSEY, Mr. SAWYER, Mr. STUPAK, Indiana, Ms. ESHOO, Mr. FARR of Cali- CHABOT, Mr. HUNTER, Mr. GOODE, Mr. Mr. KANJORSKI, Mr. MURTHA, Mr. fornia, Mr. FRANK, Mr. KILDEE, Mr. FLETCHER, Mr. SKELTON, Mr. MORAN HILLIARD, Mr. DICKS, Ms. JACKSON- KUCINICH, Mr. LANTOS, Mr. of Virginia, Mr. RODRIGUEZ, Mr. LEE of Texas, Mr. OBERSTAR, Mr. DIN- LATOURETTE, Mrs. MCCARTHY of New TURNER, Mr. BENTSEN, Mr. ABER- GELL, Mr. SPRATT, Mr. KLECZKA, Mrs. York, Mr. MARKEY, Mr. GEORGE MIL- CROMBIE, Mr. GONZALEZ, Mr. BILI- MORELLA, Mr. HINCHEY, Mr. SERRANO, LER of California, Mrs. MINK of Ha- RAKIS, Mr. ARMEY, Mr. MCHUGH, Mr. Mr. ABERCROMBIE, Mr. FRANK, Mr. waii, Mrs. MORELLA, Mr. NADLER, Mr. JENKINS, Mr. BOYD, Mr. PUTNAM, Mr. MOORE, Mr. WAXMAN, Ms. KIL- NEAL of Massachusetts, Mr. PALLONE, ROGERS of Michigan, Mr. KELLER, PATRICK, Mrs. MALONEY of New York, Mr. PAYNE, Mr. SANDLIN, Mr. SCOTT, Mrs. KELLY, and Mr. MANZULLO): Mrs. MINK of Hawaii, Mr. HOYER, Mr. Mr. TRAFICANT, and Mr. MCGOVERN): H.R. 717. A bill to amend the Public Health ALLEN, Mrs. THURMAN, Ms. MCKIN- H.R. 714. A bill to amend the Individuals Service Act to provide for research and serv- NEY, Mr. PRICE of North Carolina, Mr. with Disabilities Education Act to provide ices with respect to Duchenne muscular dys- FORD, Mr. STARK, Mr. PALLONE, Mr. that certain funds treated as local funds trophy; to the Committee on Energy and KUCINICH, Mr. STRICKLAND, Ms. under that Act shall be used to provide addi- Commerce. PELOSI, Mr. CONYERS, Mr. THOMPSON tional funding for programs under the Ele- By Mrs. WILSON (for herself, Mr. of Mississippi, Ms. BROWN of Florida, mentary and Secondary Education Act of GREEN of Texas, Mr. GARY MILLER of Ms. HOOLEY of Oregon, Mr. BACA, Mr.

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\L14FE7.100 pfrm02 PsN: H14PT1 February 14, 2001 CONGRESSIONAL RECORD — HOUSE H399

HALL of Ohio, Mrs. MCCARTHY of New Ms. KAPTUR, Mr. LARSON of Con- culture in the One Hundred Seventh Con- York, Ms. BALDWIN, Mr. GREEN of necticut, Mrs. KELLY, Mr. SHIMKUS, gress; to the Committee on House Adminis- Texas, and Mr. RAHALL): Mr. FARR of California, Mr. FROST, tration. H.R. 721. A bill to ensure that the business Mr. DOYLE, Ms. SLAUGHTER, Mr. By Mr. GREEN of Wisconsin (for him- of the Federal Government is conducted in MORAN of Virginia, Mr. BARCIA, Mr. self, Ms. HOOLEY of Oregon, Mr. the public interest and in a manner that pro- TANNER, Mr. DEUTSCH, Mr. WATKINS, BUYER, Mr. BARRETT, Ms. DELAURO, vides for public accountability, efficient de- Mr. MCNULTY, Ms. DELAURO, Mr. Mr. KLECZKA, Mr. NETHERCUTT, Mr. livery of services, reasonable cost savings, MCGOVERN, Mrs. CAPPS, Mr. PHELPS, PETRI, and Mr. RANGEL): and prevention of unwarranted Government Mrs. MORELLA, Mr. COSTELLO, Mr. H. Res. 47. A resolution expressing the expenses, and for other purposes; to the Com- SUNUNU, Mr. GANSKE, Ms. HART, Ms. sense of the House of Representatives that a mittee on Government Reform. BERKLEY, Mr. BASS, Mr. FOLEY, Mrs. postage stamp should be issued honorng By Mr. OBERSTAR (for himself, Mr. NORTHUP, Mrs. LOWEY, and Mr. SIM- American farm women; to the Committee on AKIN, Mr. ARMEY, Mr. BAKER, Mr. MONS): Government Reform. BARCIA, Mr. BARTLETT of Maryland, H. Con. Res. 37. Concurrent resolution ex- By Mr. GREEN of Wisconsin (for him- Mr. DEMINT, Mr. GREEN of Wisconsin, pressing the sense of Congress with respect self, Mr. CAPUANO, Mr. SHAYS, Mr. Ms. HART, Mr. HAYES, Mr. HULSHOF, to promoting coverage of individuals under MEEHAN, Mr. PETRI, Ms. SCHAKOWSKY, Mr. LIPINSKI, Mr. LUCAS of Kentucky, long-term care insurance; to the Committee and Mr. FRANK): Mr. PICKERING, Mr. SHIMKUS, Mr. on Energy and Commerce, and in addition to H. Res. 48. A resolution directing the Clerk SHOWS, Mr. TANCREDO, and Mr. the Committees on Education and the Work- of the House of Representatives to post on TERRY): force, and Ways and Means, for a period to be the official public Internet site of the House H.J. Res. 20. A joint resolution proposing subsequently determined by the Speaker, in of Representatives all lobbying registrations an amendment to the Constitution of the each case for consideration of such provi- and reports filed with the Clerk under the United States with respect to the right to sions as fall within the jurisdiction of the Lobbying Disclosure Act of 1995; to the Com- life; to the Committee on the Judiciary. committee concerned. mittee on the Judiciary. By Mr. RANGEL: By Ms. SLAUGHTER (for herself, Ms. By Mr. LEWIS of Georgia (for himself, H.J. Res. 21. A joint resolution proposing NORTON, Mr. HILLIARD, Mrs. MALONEY Mr. BISHOP, Mr. ISAKSON, and Ms. an amendment to the Constitution of the of New York, Ms. MCCARTHY of Mis- MCKINNEY): United States respecting the right to a souri, Mrs. MEEK of Florida, Ms. H. Res. 49. A resolution expressing the home; to the Committee on the Judiciary. BALDWIN, Mr. MCNULTY, Mr. BERMAN, sense of the House of Representatives that By Mr. SAXTON: Mr. MCGOVERN, Mrs. CLAYTON, Mrs. the President should award the Presidential H. Con. Res. 32. Concurrent resolution pro- MORELLA, Mrs. MCCARTHY of New Medal of Freedom posthumously to Dr. Ben- viding for a conditional adjournment of the York, Mr. KUCINICH, Mrs. MINK of Ha- jamin Elijah Mays in honor of his distin- House of Representatives and a conditional waii, Mr. FROST, Mrs. JOHNSON of guished career as an educator, civil and recess or adjournment of the Senate; consid- Connecticut, Mrs. BIGGERT, Mr. human rights leader, and public theologian; ered and agreed to. GUTIERREZ, Mrs. NAPOLITANO, Mr. to the Committee on Government Reform. By Mr. BUYER (for himself and Mr. UDALL of Colorado, Ms. KILPATRICK, By Mr. RANGEL: HAYES): Mrs. JONES of Ohio, Ms. JACKSON-LEE H. Res. 50. A resolution expressing the H. Con. Res. 33. Concurrent resolution rec- of Texas, Ms. MILLENDER-MCDONALD, sense of Congress with respect to Marcus ognizing the Boy Scouts of America for the Mrs. THURMAN, Ms. DELAURO, and Garvey; to the Committee on the Judiciary. public service it performs through its con- Mrs. LOWEY): By Mr. TOWNS: tributions to the lives of the Nation’s boys H. Con. Res. 38. Concurrent resolution ex- H. Res. 51. A resolution expressing the and young men; to the Committee on the Ju- pressing the sense of the Congress that a sense of the House of Representatives that diciary. commemorative postage stamp should be the Government of Argentina should provide By Mr. ETHERIDGE: issued honoring Martha Matilda Harper, and an immediate and final resolution to the H. Con. Res. 34. Concurrent resolution ex- that the Citizens’ Stamp Advisory Com- Buenos Aires Yoga School case; to the Com- pressing the sense of the Congress that a mittee should recommend to the Postmaster mittee on International Relations. commemorative postage stamp should be General that such a stamp be issued; to the By Mr. WATTS of Oklahoma (for him- issued in honor of Ava Gardner; to the Com- Committee on Government Reform. self, Mr. ENGEL, Mr. ROHRABACHER, mittee on Government Reform. By Mr. DREIER (for himself and Mr. Mr. CALVERT, Mr. FOLEY, Mr. GEKAS, By Mr. GOSS: MOAKLEY): Mr. RILEY, Ms. GRANGER, Mr. H. Con. Res. 35. Concurrent resolution ex- H. Res. 40. A resolution providing amounts FRELINGHUYSEN, Mr. GREENWOOD, pressing the sense of Congress with respect for the expenses of the Committee on Rules Mrs. BONO, Mr. BEREUTER, Ms. JACK- to the upcoming trip of President George W. in the One Hundred Seventh Congress; to the SON-LEE of Texas, Mr. WEINER, and Bush to Mexico to meet with newly elected Committee on House Administration. Mr. DAVIS of Illinois): President Vicente Fox, and with respect to By Mr. YOUNG of Alaska: H. Res. 52. A resolution expressing the future cooperative efforts between the H. Res. 41. A resolution providing amounts sense of the House of Representatives regard- United States and Mexico; to the Committee for the expenses of the Committee on Trans- ing the grave danger of domestic terrorism on International Relations. portation and Infrastructure in the One Hun- and the need for improved organization in By Mr. GREEN of Texas (for himself, dred Seventh Congress; to the Committee on the executive branch and Congress to deter, Mr. JEFFERSON, Mr. MURTHA, Mr. House Administration. prevent, prepare for, and respond to the im- HINCHEY, Mrs. JONES of Ohio, Mr. By Mr. OXLEY: pending threat of domestic terrorism; to the H. Res. 42. A resolution providing amounts CAPUANO, Mr. BENTSEN, Mr. THORN- Committee on Government Reform, and in for the expenses of the Committee on Finan- BERRY, Mr. COSTELLO, Mr. PAYNE, Mr. addition to the Committee on Rules, for a cial Services in the One Hundred Seventh GONZALEZ, Mr. GALLEGLY, Mr. GOODE, period to be subsequently determined by the Congress; to the Committee on House Ad- Mr. SMITH of Texas, Ms. MCCARTHY of Speaker, in each case for consideration of ministration. Missouri, Mr. DEMINT, Mr. REYES, such provisions as fall within the jurisdic- By Mr. TAUZIN: Mr. TOWNS, Mr. SESSIONS, Mr. H. Res. 43. A resolution providing amounts tion of the committee concerned. CRAMER, Mr. GOODLATTE, Mr. for the expenses of the Committee on Energy By Mr. WU: H. Res. 53. A resolution to express the RODRIGUEZ, Mr. HINOJOSA, Mrs. and Commerce in the One Hundred Seventh sense of the House of Representatives that EMERSON, Mr. QUINN, Ms. BERKLEY, Congress; to the Committee on House Ad- Mr. GANSKE, Mrs. MINK of Hawaii, ministration. the maximum Pell Grant should be increased Mr. RUSH, Mr. FATTAH, Mr. WALSH, By Mr. HANSEN (for himself and Mr. to $4,350; to the Committee on Education and the Workforce. Mr. MORAN of Virginia, Mr. HILLIARD, RAHALL): Mr. MASCARA, Mr. MCNULTY, Mrs. H. Res. 44. A resolution providing amounts f KELLY, Mr. TANCREDO, Mr. FOSSELLA, for the expenses of the Committee on Re- PRIVATE BILLS AND Mr. BACA, Mr. BALDACCI, Mrs. sources in the One Hundred Seventh Con- MORELLA, and Mr. LAFALCE): gress; to the Committee on House Adminis- RESOLUTIONS H. Con. Res. 36. Concurrent resolution urg- tration. Under clause 3 of rule XII, ing increased Federal funding for juvenile By Mr. SMITH of New Jersey (for him- Mr. TOWNS introduced a bill (H.R. 722) for (Type 1) diabetes research; to the Committee self and Mr. EVANS): the relief of Desmond J. Burke; which was on Energy and Commerce. H. Res. 45. A resolution providing amounts referred to the Committee on the Judiciary. By Mr. SHAYS (for himself, Mr. for the expenses of the Committee on Vet- GREENWOOD, Mr. BILIRAKIS, Mr. erans’ Affairs in the One Hundred Seventh f RAMSTAD, Mr. NORWOOD, Mr. Congress; to the Committee on House Ad- ADDITIONAL SPONSORS WHITFIELD, Mr. HOBSON, Mrs. ministration. MALONEY of New York, Mr. DAVIS of By Mr. COMBEST: Under clause 7 of rule XII, sponsors Florida, Mr. NADLER, Mr. GOODE, Mr. H. Res. 46. A resolution providing amounts were added to public bills and resolu- BALDACCI, Mr. ENGLISH, Mr. LAFALCE, for the expenses of the Committee on Agri- tions as follows:

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H.R. 12: Mr. REYES, Mr. SESSIONS, Mr. H.R. 267: Mr. TERRY, Mr. MCHUGH, Mr. CARDIN, Mr. BORSKI, Mr. SESSIONS, Mrs. MINK SOUDER, Mr. ISSA, Mrs. MYRICK, Mr. FLETCH- MORAN of Kansas, Mr. BACA, Mr. LEWIS of of Hawaii, Mr. BOYD, Mr. INSLEE, Mr. KEN- ER, Mr. SIMPSON, Mr. PAYNE, Mr. SHIMKUS, Georgia, Mr. BARTLETT of Maryland, and Mr. NEDY of Rhode Island, Mr. BONIOR, Mr. Mr. TOOMEY, Mr. EHRLICH, Mr. MORAN of Vir- HONDA. SCOTT, Mr. HILLIARD, Mr. SHAYS, Mr. NEAL of ginia, Mrs. JO ANN DAVIS of Virginia, Mr. H.R. 275: Mr. REYNOLDS, Mr. HEFLEY, and Massachusetts, Mr. CUMMINGS, Mr. BROWN of GRAHAM, Mr. BRADY of Texas, Mr. WATTS of Mr. DUNCAN. South Carolina, Mr. OWENS, Mr. MORAN of Oklahoma, and Mr. SKEEN. H.R. 286: Mr. OWENS. Virginia, Mr. RAMSTAD, Mr. HOYER, Mr. H.R. 36: Mrs. MORELLA, Mr. PHELPS, Mr. H.R. 287: Mr. WEINER. CUNNINGHAM, Mr. QUINN, Mr. SPRATT, Mr. FATTAH, Mr. MCINNIS, Ms. NORTON, Ms. H.R. 303: Mr. SCHROCK, Mr. WALDEN of Or- THOMPSON of Mississippi, Mr. WEXLER, Mr. PELOSI, Ms. MCCARTHY of Missouri, Mr. egon, Mr. CAMP, Mr. MASCARA, Mr. JOHNSON STRICKLAND, Mr. ISTOOK, Mr. WATTS of Okla- LEACH, Mr. GILCHREST, Mr. HILL, and Mr. of Illinois, Mr. DOOLITTLE, Mr. GREEN of Wis- homa, Mr. DOOLITTLE, Mr. GREEN of Wis- MORAN of Virginia. consin, Ms. BALDWIN, Mr. GILLMOR, Mr. consin, Ms. DELAURO, Mr. BEREUTER, Mr. H.R. 50: Mr. EVANS, Mr. STEARNS, and Mr. VITTER, Ms. KAPTUR, and Mr. TAYLOR of Mis- NADLER, Mr. COSTELLO, Mr. COOKSEY, Mr. MCINTYRE. sissippi. HOLDEN, Mr. WALDEN of Oregon, Mr. WAX- H.R. 65: Mr. TAYLOR of Mississippi. H.R. 310: Mr. DINGELL, Mr. SCHAFFER, and MAN, Mr. ENGEL, Mr. THOMAS M. DAVIS of H.R. 122: Mrs. BIGGERT, Mr. COBLE, Mr. Mr. EVANS. Virginia, Mr. WEINER, Mr. WATKINS, Mrs. SCHROCK, Mr. HUNTER, Mr. RILEY, Mr. H.R. 311: Mr. JOHNSON of Illinois and Mr. ROUKEMA, Mr. KUCINICH, Mr. CLYBURN, Mr. GILCHREST, Mr. OTTER, Mr. GREENWOOD, Mr. UDALL of Colorado. DELAHUNT, Ms. RIVERS, Mr. OSBORNE, Mr. LARGENT, Mr. HEFLEY, Mr. CRAMER, Mr. H.R. 325: Mr. DEAL of Georgia. TIERNEY, Mr. SAWYER, Mr. BALLENGER, Mr. ARMEY, Mr. BONILLA, Mr. THORNBERRY, Mr. H.R. 336: Ms. DEGETTE, Mr. FILNER, Mrs. LATOURETTE, Mr. BLUMENAUER, Mr. EVANS, WELDON of Florida, Mr. WATTS of Oklahoma, CHRISTENSEN, Mr. PETERSON of Minnesota, Ms. MCCOLLUM, Mr. HASTINGS of Washington, Mr. BARTLETT of Maryland, Ms. BERKLEY, Mr. BOUCHER, and Mr. SANDERS. Mr. GILLMOR, Mr. GRAHAM, and Ms. MCKIN- Mr. KING, Mrs. JOHNSON of Connecticut, Mr. H.R. 345: Mr. FORD. NEY. WALSH, and Mr. TIAHRT. H.R. 367: Mr. ACKERMAN, Mr. BLAGOJEVICH, H.R. 499: Mrs. MCCARTHY of New York. H.R. 123: Mr. TAYLOR of Mississippi, Mr. Ms. MCKINNEY, Mr. LANTOS, Mr. SANDERS, H.R. 505: Mr. OWENS. HALL of Texas, Mr. YOUNG of Alaska, Mr. Mr. BONIOR, Mr. KUCINICH, and Mr. EVANS. H.R. 510: Mr. JONES of North Carolina, Mr. GOODE, and Mr. BOUCHER. H.R. 368: Mr. GRAHAM and Mr. DUNCAN. GILMAN, Mr. SCHROCK, Mr. FRELINGHUYSEN, H.R. 131: Mr. BACA. H.R. 369: Mr. FLETCHER, Mr. HOSTETTLER Mr. MCHUGH, Mr. KENNEDY of Rhode Island, H.R. 138: Mr. LANGEVIN and Mr. GUTIERREZ. and Mr. DUNCAN. Mr. TURNER, Ms. WATERS, Mr. HOYER, and H.R. 139: Mr. LANGEVIN and Mr. GUTIERREZ. H.R. 370: Mr. DUNCAN. Mr. KILDEE. H.R. 145: Mr. PAYNE. H.R. 373: Mrs. KELLY, Mr. JOHNSON of Illi- H.R. 511: Mr. ENGLISH, Mr. BERMAN, Ms. H.R. 148: Mr. WEINER. nois, and Mr. PASCRELL. JACKSON-LEE of Texas, Mr. MCINTYRE, Mr. H.R. 154: Mr. ISSA, Mr. LANGEVIN, Mr. H.R. 397: Mr. CAPUANO, Mrs. NORTHUP, Mrs. PAUL, Mrs. JONES of Ohio, Mr. BOUCHER, Mr. DEFAZIO, Mr. GRAHAM, and Mr. PETERSON of KELLY, Mrs. TAUSCHER, Ms. SLAUGHTER, Mr. SANDERS, and Mr. GANSKE. LARSON of Connecticut, Mr. LEWIS of Geor- Pennsylvania. H.R. 518: Mr. ENGLISH and Mr. QUINN. H.R. 159: Mr. GUTKNECHT, Mr. DOOLITTLE, gia, Mr. CONYERS, Mr. BRADY of Pennsyl- H.R. 525: Mr. EHLERS, Mr. SISISKY, Mr. Mr. OTTER, Mr. BARTON of Texas, Mr. LUCAS vania, Mrs. MEEK of Florida, Mrs. LOWEY, PAUL, and Mr. GREEN of Wisconsin. of Oklahoma, and Mr. PLATTS. Mr. GONZALEZ, Mr. BARTLETT of Maryland, H.R. 526: Mr. CUMMINGS, Mr. KENNEDY of H.R. 162: Mr. BENTSEN. Mr. TOWNS, Ms. ROS-LEHTINEN, Mr. DEFAZIO, Rhode Island, Mr. KANJORSKI, Mr. CAPUANO, H.R. 179: Mr. BROWN of Ohio, Mr. FLAKE, and Mr. ISAKSON. Ms. KAPTUR, Mr. NADLER, Mrs. MINK of Ha- Mr. RODRIGUEZ, Mr. THOMPSON of California, H.R. 419: Mr. KUCINICH. waii, Mr. UDALL of New Mexico, Mr. HALL of and Mr. WATT of North Carolina. H.R. 429: Mr. INSLEE. Ohio, Mr. WEINER, Mr. EVANS, Mr. THOMPSON H.R. 183: Ms. NORTON, Mr. HINCHEY, Mr. H.R. 456: Mr. DOOLITTLE, Mr. TANCREDO, of California, Mr. PRICE of North Carolina, KILDEE, Mr. DOYLE, Mrs. THURMAN, Mr. Mr. HUNTER, Mr. PAUL, Mr. BURTON of Indi- and Mr. BALDACCI. MCNULTY, Mr. LANTOS, Mrs. MINK of Hawaii, ana, Mr. BONILLA, Mr. GILCHREST, and Mr. H.R. 527: Mr. MCCRERY, Mr. GARY MILLER Ms. HOOLEY of Oregon, Mr. GEORGE MILLER BROWN of South Carolina. of California, and Mr. SHIMKUS. of California, Mr. BONIOR, Ms. MCCARTHY of H.R. 475: Mr. CHAMBLISS, Mr. CUNNINGHAM, H.R. 533: Mr. BALDACCI. Missouri, Mr. ACKERMAN, Mrs. CHRISTENSEN, Mr. ARMEY, Mr. EHLERS, Mr. OWENS, Mr. H.R. 536: Mr. ENGEL, Mr. PAYNE, Mr. BER- Ms. WOOLSEY, Mr. EVANS, Mr. DAVIS of Illi- PAUL and Mr. DUNCAN. MAN, Mr. CROWLEY, Mr. FATTAH, Mr. nois, Mr. PAYNE, Ms. MCCOLLUM and Mr. H.R. 478: Mr. HILLIARD. DEUTSCH, Mrs. CHRISTENSEN, Mr. ROEMER, RUSH. H.R. 482: Mr. LUCAS of Kentucky and Mr. Mr. LANGEVIN, Ms. LOFGREN, Mr. EVANS, Mr. H.R. 187: Mr. SKELTON. BARTLETT of Maryland. CUMMINGS, Mr. BRADY of Pennsylvania, Mr. H.R. 218: Mr. SHIMKUS and Mr. GILMAN. H.R. 489: Mr. FLETCHER and Mr. FROST. DICKS, Mr. DOOLEY of California, Mr. ED- H.R. 220: Mr. NETHERCUTT. H.R. 490: Ms. LOFGREN, Mr. BLAGOJEVICH, WARDS ONYERS ATT H.R. 221: Mr. UDALL of New Mexico, Ms. Mr. GILLMOR, Mr. KUCINICH, and Mr. CAMP. , Mr. C , and Mr. W of North KILPATRICK, Mr. FROST, Mr. BLAGOJEVICH, H.R. 491: Mr. FILNER. Carolina. Ms. RIVERS, Mrs. CLAYTON, Mr. LANTOS, Ms. H.R. 493: Mr. HILLIARD. H.R. 557: Mr. JONES of North Carolina. VELAZQUEZ, Ms. CARSON of Indiana, Mrs. H.R. 494: Mr. HEFLEY. H.R. 559: Mr. MARKEY, Mr. FRANK, Mr. CHRISTENSEN, Mr. GUTIERREZ, Ms. MCCARTHY H.R. 498: Mrs. EMERSON, Mr. SUNUNU, Mr. NEAL of Massachusetts, Mr. OLVER, Mr. MEE- of Missouri, Mr. RUSH, Mr. PAYNE, Mr. BACA, Mr. HALL of Ohio, Mr. BACHUS, Mr. HAN, Mr. DELAHUNT, Mr. TIERNEY, Mr. BONIOR, Mr. FATTAH, and Mr. FORD. PASTOR, Mr. GUTKNECHT, Mr. MOORE, Mr. CAPUANO, Mr. HASTERT, and Mr. GEPHARDT. H.R. 236: Mr. OTTER, Mr. PAUL, Mr. WYNN, Ms. ROS-LEHTINEN, Mr. WOLF, Mr. H.R. 560: Mr. HONDA, Mrs. CAPPS, and Mr. HILLEARY, Mr. CANTOR, Ms. CAPITO, Mr. SCHROCK, Mr. SIMPSON, Mr. RAHALL, Mr. GONZALEZ. PLATTS, Mr. WHITFIELD, Mr. GOODLATTE, Mr. BLUNT, Mrs. MALONEY of New York, Mr. H.R. 579: Mrs. JO ANN DAVIS of Virginia EVANS, Mr. SIMPSON, and Mr. SKEEN. GREENWOOD, Mr. RANGEL, Mr. SABO, Mr. and Mr. FATTAH. H.R. 238: Mr. SHERMAN, Ms. PELOSI, and Mr. LANGEVIN, Mr. CLAY, Mr. BERRY, Ms. BROWN H. Con. Res. 25: Mr. PASCRELL, Mr. WALSH, CONDIT. of Florida, Mrs. CHRISTENSEN, Mrs. CLAYTON, Ms. RIVERS, and Mr. HILLIARD. H.R. 241: Ms. RIVERS and Mr. VITTER. Mr. DAVIS of Illinois, Ms. HOOLEY of Oregon, H. Res. 13: Mr. KUCINICH, Mr. FERGUSON, H.R. 245: Ms. DELAURO and Ms. MCKINNEY. Ms. EDDIE BERNICE JOHNSON of Texas, Mr. Ms. RIVERS, and Mr. HOEFFEL. H.R. 259: Mr. CRAMER. LUCAS of Oklahoma, Mr. MALONEY of Con- H. Res. 14: Ms. KAPTUR. H.R. 265: Mr. TOWNS, Mr. FROST, Mr. ABER- necticut, Mr. PASCRELL, Mr. RANDANOVICH, H. Res. 17: Mr. OLVER, Mr. RUSH, Mr. MAR- CROMBIE, Mr. LANTOS, Mr. SANDLIN, Mr. Mr. SANDERS, Mr. PRICE of North Carolina, KEY, Mr. SANDERS, Mrs. MINK of Hawaii, Mrs. SANDERS, Mr. BLAGOJEVICH, Mr. OWENS, Mr. Mr. MENENDEZ, Mr. UPTON, Mr. RODRIQUEZ, MALONEY of New York, and Mr. NADLER. KILDEE, Mr. STARK, and Mr. ENGEL. Mr. LARGENT, Mr. CANNON, Mr. BISHOP, Mr. H. Res. 26: Mr. MCNULTY.

VerDate 14-FEB-2001 03:12 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\L14FE7.102 pfrm02 PsN: H14PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, FEBRUARY 14, 2001 No. 21 Senate The Senate met at 10:00 a.m. and was U.S. SENATE, at approximately 3 p.m. There may be called to order by the Honorable LIN- PRESIDENT PRO TEMPORE, some slippage of time there. Some COLN CHAFEE, a Senator from the State Washington, DC, February 14, 2001. Members may be returning, I believe, of Rhode Island. To the Senate: from West Virginia. It could be 3:15. Under the provisions of rule I, paragraph 3, The Senate could also consider the of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable LINCOLN CHAFEE, a Paul Coverdell Peace Corps bill and the The Chaplain, Dr. Lloyd John Senator from the State of Rhode Island, to small business advocacy bill during Ogilvie, offered the following prayer: perform the duties of the Chair. this week’s session, as well as any ex- O God, here we are decked out with STROM THURMOND, ecutive nominations that are available. red ties, blouses, and dresses, ready to President pro tempore. I yield the floor. celebrate Valentine’s Day. Thank You Mr. CHAFEE thereupon assumed the (The remarks of Mr. THOMAS per- for those we love—our spouses and fam- chair as Acting President pro tempore. taining to the introduction of S. 322 are located in today’s RECORD under ilies, our friends, and those with whom f we work. You are the artesian well of ‘‘Statements on Introduced Bills and true love. Good thing, Father, for we RESERVATION OF LEADER TIME Joint Resolutions.’’) Mr. THOMAS. Mr. President, I sug- also need love for those we find it hard The ACTING PRESIDENT pro tem- gest the absence of a quorum. to like! pore. Under the previous order, the The PRESIDING OFFICER. The May this be a day in which Your love leadership time is reserved. clerk will call the roll. is expressed in our words, attitudes, f The assistant legislative clerk pro- and actions. Particularly, we need ceeded to call the roll. Your help to express affirmation to MORNING BUSINESS Mr. SANTORUM. Mr. President, I those who need assurance, encourage- The ACTING PRESIDENT pro tem- ask unanimous consent the order for ment to those who have heavy personal pore. Under the previous order, there the quorum call be dispensed with. burdens to carry, and hope to those will now be a period for the transaction The PRESIDING OFFICER. Without with physical pain. Our prayer for each of morning business not to exceed the objection, it is so ordered. of these is not to remind You of what hour of 2 p.m. with Senators permitted f You already know, but to place our- to speak therein for up to 10 minutes TAX RELIEF selves at Your disposal to be mes- each. sengers of Your love in practical ways Under the previous order, the time Mr. SANTORUM. Mr. President, I un- and in heartfelt words. May this be a until 10:40 a.m. shall be under the con- derstand my colleague from Wyoming ‘‘say it’’ and ‘‘do it now’’ kind of day. trol of the Senator from Wyoming or was talking today about the Presi- Amen. his designee. dent’s proposal on tax relief. I have been watching a little bit of the debate f f on the floor of the Senate. I have to PLEDGE OF ALLEGIANCE RECOGNITION OF THE ACTING say, this debate is somewhat dis- MAJORITY LEADER turbing. The Honorable LINCOLN CHAFEE led We have been discussing taking some the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- of the money people have worked hard I pledge allegiance to the Flag of the pore. The Senator from Wyoming, the to earn and have sent here to Wash- United States of America, and to the Repub- acting majority leader, is recognized. ington—and we have a surplus of lic for which it stands, one nation under God, f money coming here now; we have a tax indivisible, with liberty and justice for all. surplus for which people have worked f SCHEDULE hard, they have earned it, they have Mr. THOMAS. Today, the Senate will sent it to Washington, and we have APPOINTMENT OF ACTING be in a period of morning business enough money to pay for all the bills PRESIDENT PRO TEMPORE throughout the morning until 2 we have right now—and now we are The PRESIDING OFFICER. The o’clock. Following morning business, talking about how can we take some of clerk will please read a communication the Senate will begin consideration of this money that people worked hard to to the Senate from the President pro S. 320 regarding copyright and patent earn and return it to them. tempore (Mr. THURMOND). laws. By previous consent, there will be In the discussion and debate we hear The assistant legislative clerk read up to 1 hour of debate on the bill, with some saying that people who are pay- the following letter: the vote on passage expected to occur ing less in taxes are going to get less

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

S1363

. S1364 CONGRESSIONAL RECORD — SENATE February 14, 2001 money back in real dollars than people I use the example of people who buy be—and you have been successful finan- who pay a lot more in taxes are going tickets to a baseball game. You pay cially, somehow or another that is bad to get back and that somehow is un- and the game gets rained out. It is the and you should be punished and should fair. For example, if somebody who last game of the year, so they have to be paying exorbitantly more than peo- pays $200 in income taxes is going to refund your money. There are people ple who have not been as successful. get tax relief of $200—in other words, who paid different prices for different Obviously, there is a small group of many people under the proposal being seats in the baseball stadium. Some people who are very wealthy in this put forward are going to simply have paid for the seats right down in front, country. It is very small—about 4 per- all of their tax liability eliminated. If maybe $25 a ticket. Then you paid for cent. It is a lot more popular to go out they are paying $200 in taxes and they some up here in the loge boxes, maybe and argue for the folks who are in the are going to get $200 in tax relief while $15 a ticket. And then there are some middle class, the large majority of someone who pays $300,000 in taxes is folks up here in the outfield and they Americans. We say: We are for you, and going to get $30,000 in tax relief, some- paid $5 a ticket. The game got rained we are going to give you more money how or another that is unfair; it is un- out. So what do the owners of the base- in this tax relief. Under the Bush pro- fair that this one person who is a hard- ball team have to do? They have to re- posal, they get proportionately more working person is only going to get fund your money. You have overpaid. money. But somehow they argue they $200 under this proposal and some fat But you didn’t get what you were are undeserving: They pay the vast ma- cat is going to get $30,000, and that is promised. You overpaid. Get your jority of taxes, but they need to pay unfair. money back. more, and they don’t deserve relief be- So we see pictures: Here is what the What I would suggest as fair is, peo- cause they have money. I don’t think fat cat is going to get, here is what the ple who pay the $25 get $25 back, people that is necessarily an enobling argu- poor working person is going to get, who pay the $15 get $15 back, and peo- ment. and that is not fair. Except for the ple who pay $5 get $5 back. The guy I think the argument President Bush fact, if you step back and say, wait a outside who just happened to be driv- puts forth that no one in America minute, how much is this person who is ing by and didn’t buy a ticket does not should pay more than one dollar out of paying a lot of taxes—how much are get any. every three to the Federal Government they paying and what is their relief To some on the other side of the in taxes is a statement with which versus what someone who has a lower aisle, here is what they believe is fair. most Americans would agree. Right income is paying and what is their re- The guy who paid $25 gets $5; because now, higher income individuals pay lief? If we were going to balance this he obviously can afford $25, he doesn’t about 40 percent of every dollar they according to fairness as described by need all of the money returned. It is earn in Federal taxes, not to mention some, then there should be equal tax the guy up there who paid $5 who prob- other taxes they have to pay. When we relief, even though there is not equal ably needs more money, and not only have a surplus and the surplus has been payment of taxes. are we going to give him $5 but we are generated by the fact that a lot of peo- When a surplus is created because going to give him $15 back. The guy in ple have overpaid their taxes, my feel- people have overpaid taxes and we the middle who paid $15, we will give ing is, what is unfair if you give every want to relieve the tax burden on those him $15. We feel so bad about the guy taxpayer tax relief? who have overpaid, then I think fair- outside who didn’t get a chance to pay To the extent we can, yes, we should ness dictates we give tax relief to ev- and come in that we are going to give help others. There are going to be pro- erybody who has contributed to the him some money, too. posals you are going to see considered overpayment somewhat in proportion Is that fair? No. I do not know of an to give people relief who didn’t get in to what they have overpaid. That, to owner of a baseball team who could get the stadium and pay for the ticket. me, would be fair. away with something like that. It is They will get some relief, if you will. What would be unfair is for someone patently unfair to do it that way. I Even though they did not pay, they are who pays $200 in taxes to get $20,000 in think most Americans would agree going to get some money out of this. tax relief as opposed to someone who that is fundamentally unfair. That is Why? Because we want to create more pays $300,000 in taxes to get $300 in tax what we were talking about. For people opportunity for people so someday they relief. Some would suggest that is fair. who have paid a tremendous amount of get inside the stadium. I suggest that is typical Washington money for which they have worked We would like everybody to pay taxes wealth redistribution because we know hard, we are suggesting they get back in the sense that everybody would be who the more deserving are here in somewhat in proportion to what they economically successful, and enough Washington. paid as well as everybody else. that they would be in a tax bracket What we are putting forward is as In fact, we are not suggesting that. that would require it. We are about fair as we could possibly do it. In fact, We are suggesting they not get back providing opportunities. We are also if you look at the numbers, the top in- quite as much proportionately, but we about fairness. I think that dictates come earners and the top taxpayers in do in fact shift it. If you are going to that we provide tax relief across the this country are going to end up with take the example of the baseball sta- board to those who pay. an increased burden of taxes. If you dium, instead of giving $25 back, they The other thing we should think look at all the people paying taxes and get $20 back. The guy paying $15 maybe about when we put a tax bill together whose share of the tax burden is going gets $17 back, and the guy up here, in- is: What are we trying to accomplish? to go up after this proposal if it is stead of getting $5 back, may get $8 or What is the goal? Obviously, as I stated passed as the President suggested, the $10 back. before, we have too much money. I tax burden on the higher income people There are those who would suggest would like to get it out of Washington will actually go up relative to every- that is unfair. I would suggest that is before we spend it. body else. more than fair. For the folks who are There are those of us who come to Some would argue that is unfair. paying the $25 for the ticket, some the floor year after year to say if we Some would argue that we are not giv- would suggest it is unfair to them. It is don’t give tax relief, and if we don’t get ing enough tax relief to those who are more disturbing if we look at the un- this money out of Washington, rest as- higher income to keep the distribution derlying motive behind this discussion. suredly it will be spent. Just at the end of who pays taxes the same. But we are It really is a discussion that I think is of last year, we added to the 10-year shifting the distribution to higher in- not really worthy of us in Congress; budget of the United States $600 billion come. that is, this idea of class warfare; that in new spending. I did not hear a word We are going to hear lots of argu- somehow or another, if you have from those who now say we don’t need ments about fairness. I always use this worked hard and you have been suc- tax relief and who have suggested we example—I think it is the best exam- cessful starting a business or creating were spending the surplus that we ple—between what we are trying to ac- a company, if you have tremendous didn’t have. We hear a lot of people say complish and what some on the other capital talent as a great singer or a we can’t do tax relief because we don’t side would suggest is fair. great athlete—whatever the case may know that the surplus is going to be February 14, 2001 CONGRESSIONAL RECORD — SENATE S1365 there and therefore we shouldn’t com- they should be taxed on the capital ness issue. Let’s take care of that mit ourselves to this relief. They did gains. But if in fact the person dies, it issue, and then let’s try to do some- not make that complaint when we were should not be a taxable event on the thing across the board that does some- talking about spending the $600 billion next generation. The greatest impact thing for economic growth; we must surplus that we didn’t have last year. of that is on the family farm, the small have as part of our agenda not just I argue that if the money stays in business man or business woman when fairness but growth because the ulti- Washington and we don’t provide tax they want to pass that business on to mate equalizer, if you will, the ulti- relief, the money will be spent, as sure the next generation after they die. mate creator of opportunity, is eco- as anything I can promise. It will be They have to sell the farm or the busi- nomic growth. spent if it sits on the table. We just ness so they can pay the taxes that are I believe that unless we do something can’t help ourselves. I think it is im- due. to create a tax system that enables portant to get that money back out. Whom does that hurt? Obviously, it more economic growth in the future, Why would we want to do that other hurts the businessperson. But how then a lot of folks to whom we are than just do it so we don’t spend it? about the people who work for that going to shift a little money—as some We have heard lots of reports about business, where that business has to go suggest, that you take from higher in- what the economy looks like now and out of business simply to pay taxes or come and give it to lower income—they in the future. We have had an unprece- where the business has to be sold sim- are going to find themselves either in dented string of years of economic ply to pay taxes. lower paying jobs down the road or growth. But I think it is important, as So, again, it is the old story. Most with no jobs. That is not a good result several other economists said—and Americans realize this. When you stand for anybody. Alan Greenspan—that in the future to up here and say: ‘‘We are going to go So again, let’s keep our eye on the avoid an economic slowdown we have after and get the rich, we are going to ball. Yes, get the money out of Wash- lower rates of taxation and more make sure they pay even more and ington; yes, provide some tax fairness; money in the economy for investment more and more taxes,’’ ultimately who but also, let’s make sure we do a tax and job creation. gets hurt is the people at the bottom reduction that is going to result in a By the way, who is creating the jobs? and the middle because they do not get growing economy over the long term. We have heard many times some of my the quality jobs or they do not get the That, to me, dictates, as Alan Green- colleagues on the other side of the aisle kind of strong economy that makes for span said yesterday, a rate reduction. talking about not having to provide a better quality of life. The best way to assure economic tax relief for higher income individ- So I think what we are talking about growth is an across-the-board rate re- uals. But who creates the jobs? The here is tax relief for every taxpayer. duction. employer. They seem to like employees Some suggest that is not fair. I would So if what we care about is avoiding but hate employers. I do not know of suggest that is the only fair way to do a deep recession or a recession alto- too many employees who find jobs if it; when you have a tax surplus, you gether in the next 3 or 4 or 5 years, the there are not employers. Providing tax give it back in proportion to how much best way to accomplish that is a rate relief to people who will take that in- the people paid. That, to me, would be reduction for all taxpayers. come and go out, as some have sug- fair. One other point. Some have men- gested, and buy a Lexus—if you are If you think your job is to not be fair tioned what we are talking about here earning $2 million or $3 million a year, but to redistribute wealth—that is the is Federal income taxes: You have a lot you already have a Lexus, if you want object here, to redistribute the wealth of taxpayers who have to pay FICA one. But they will go out and take that based upon who we believe, in Wash- taxes and Medicare taxes, and they are money and invest it to create jobs, and ington, are more deserving. Let’s be not getting any tax relief. create opportunities so we can take clear about it; that is what we are I would make two comments on that. some of those people outside the sta- doing. We are saying some people are No. 1, FICA taxes or Social Security dium who didn’t have the chance to more deserving than others, and we are taxes, when they are paid, obviously, buy the ticket and give them a job so going to choose to take some people fund a program, the Social Security they can become taxpayers. who worked hard, earned this money, program, or the Medicare program in It is important not just to get the sent it to Washington—we are going to the case of Medicare taxes. But they money out of Washington, but it is also take their money and give it to other also make you eligible for a benefit. vitally important to help our economy people because we believe that is fair. The benefit is so structured today and create economic opportunities for We do a lot of that already. But now we where lower income individuals get a people who need economic opportuni- are suggesting, because there is an much higher percentage benefit than ties down the road. overpayment, here is an opportunity to higher income individuals. So the pro- There are some other things we need do more of that. gram is already structured, No. 1, that to do, again in the name of fairness. I argue that is not what we should you pay the tax to assure a benefit There is a lot of discussion about fair- take advantage of. We should take the down the road. ness. The President’s proposal is that opportunity to create an across-the- So it is not like income taxes, where we have marriage penalty relief. It is board, fair tax reduction for every you just sort of pay the tax and it goes unconscionable that on Valentine’s working American, every taxpayer. to the general welfare. But this actu- Day there are people in America who So that is what the debate is going to ally earns you, if you will, a particular will get married and, by virtue of the be about. I hope we will look at the un- benefit. It is the same with Medicare. fact that they get married, have to pay derlying policy of why we are trying to So you are getting something directly more in income taxes. At a time when do this, not just here is how much X for you for the dollars you are contrib- we want to encourage marriage gets and here is how much Y gets but uting. through the Tax Code, we penalize it. look at the underlying policy: Are we Secondly, we are paying too much in That is unconscionable and unfair. trying to pass tax relief that is going Social Security taxes now. We have a Under the President’s proposal, we go a to accomplish economic growth? If so, surplus. Some of us have argued—and I long way to eliminating that marriage how do we best do that? Let’s have a will continue to argue—instead of bid- penalty. discussion about that. ding up what I consider to be a phony Mr. President, death should not be a Are we trying to eliminate provisions surplus, with just basically IOUs in the taxable event, but it is. What we are in the Tax Code that are unfair, such Social Security trust fund, which are suggesting is that over a 10-year period as the marriage penalty and the death future obligations for taxpayers, and of time we phase out estate taxes on tax? I argue that the alternative min- nothing more than that, I would sug- people who die. I think most Ameri- imum tax has become unfair on a lot of gest we take this surplus and allow cans would agree that if someone has a middle class, working Americans who younger workers to invest that money, piece of property and they die and pass now have to pay that tax. to create real opportunities for them so it on to the next generation, when that If we look at it and we take it a step they can have real money, real assets next generation sells the property, at a time, we will deal with the fair- that can pay real benefits 20, 30, 40 S1366 CONGRESSIONAL RECORD — SENATE February 14, 2001 years from now, instead of creating they get to pay twice for this benefit. The third item he has talked about is IOUs which are simply a claim on their That is not fair. the transformation of the military to a children’s taxes 30 years from now or 40 So I think we do need to create per- stronger, more agile, modern military, years from now. And that would not be sonal retirement accounts. That is one which has both stealth and speed. a real economic asset; it would simply way we can solve the problem of Social I think we also need to rethink our be a real economic obligation of future Security taxes. vulnerabilities and the time to do it is generations. The Senator from Colorado is here, now. We need to rethink our strength, I argue that the better way to accom- and I am happy to yield the floor to and the time to do it is now, while we plish that, instead of overtaxing cur- him. are transitioning from one administra- rent workers, which we do with Social The ACTING PRESIDENT pro tem- tion to another. There is no doubt in Security and Medicare—I am going to pore. The Senator from Colorado. my mind that for the last 8 years our focus on Social Security right now—in- Mr. ALLARD. Mr. President, I thank defense structure in this country suf- stead of overtaxing Social Security the Senator from Pennsylvania for fered intolerably. It is time we made payers, people who pay Social Security yielding and certainly appreciate his very significant changes. I support the taxes today, let’s give them the oppor- hard work and dedication on the issue idea that we need to increase spending tunity of setting that money aside, in- of taxes. I served with him in the for defense. vesting it over the long term, accumu- House and now serve with him in the As we look at our vulnerabilities and lating assets, and then using that real Senate. He is certainly a great Amer- strengths, we certainly need to base asset—a real economic asset—to come ican. our thinking on the new technology back 30 years from now to help pay for I understand that we are moving into that we have and what the future is for those benefits. That would be instead time controlled by Senator BOND and the development of that new tech- of, in a sense, putting that IOU away. Senator COLLINS. I have a number of nology. We need to think about the fu- I will use this as an example. I think points I want to make in relation to ture threat from potential adversaries. it is a good example. I went to a group national defense. I would like to yield We need to work toward the idea of of high school students the other day, to my colleague from Missouri to visit more peace and more freedom through and I asked: How many of you out here with him a little bit on how he plans to renewed strength and renewed secu- work? About half the hands went up. I manage the time and what his plans rity. Based on all of that, we have to asked: Where do you work? One kid are. control the high ground. I think that is said: Burger King. I said: Right now The ACTING PRESIDENT pro tem- as true today as it was two or three you work at Burger King, and you have pore. The Senator from Missouri. centuries ago. Controlling the high to pay Social Security taxes. And 12.4 (The remarks of Mr. BOND and Mr. ground is very important in the field of percent is what the Social Security tax ALLARD pertaining to the introduction battle. is. You pay 12.4 percent, but all that of S. 336 are printed in today’s RECORD I am a strong proponent of looking at money does not go to pay benefits. under ‘‘Statements on Introduced Bills an enhanced role for space. We must That is what it traditionally has done. and Joint Resolutions.’’) think in terms of a space platform. By All the money would go right out to The ACTING PRESIDENT pro tem- controlling that high ground, we would pay benefits. But in this case, you are pore. The Senator from Colorado is rec- secure all our forces and secure our na- paying more than you need to. ognized. tional defense system. I believe the You only need to pay a little over 10 f technology is very close, where we can percent to pay for current bene- move forward with some very signifi- NATIONAL DEFENSE ficiaries. Money comes in, goes out to cant steps in enhancing, in a modern beneficiaries, but we have a surplus, a Mr. ALLARD. Mr. President, I rise way, our defense systems in America. little over 2 percent. So you pay more today to talk about our national secu- I want to take a little time while I than you need to now. So we are taking rity and defense. This is the week the have the floor to review the back- more money out of your paycheck than President has decided to emphasize de- ground of our National Missile Defense we need. fense. I will take a moment to review System—a step in that direction—and What do we do with that surplus briefly where we are as far as the Na- review a little bit about where I see we money in Social Security? Social Secu- tional Missile Defense Program is con- are today. rity has cash. Can Social Security hold cerned. Before I do that, I will lay out First of all, on the National Missile cash? It would be a smart thing for a few things for the record. Defense System, I think we ought to them to do. No. They have to invest First, this week the President has de- quit referring to it as the ‘‘national’’ that money. Where do you think they cided to talk about quality of life. He missile defense system. I think we need invest the money? Treasury bonds. has emphasized the fact that soldiers to refer to it as our missile defense sys- What are Treasury bonds? Debt of the enlist, but families reenlist, trying to tem and get away from the vagueness Federal Government. address the problems we have with re- of trying to identify a theater missile So Social Security gives money to tention in our military services. I defense system and a national missile the general fund, and the general fund wholeheartedly agree with him in his defense system. I think, from a foreign puts a note back into Social Security. efforts. He has made tremendous relations standpoint, when we use the It is an IOU. It is a Treasury bond that strides in that direction, when he says term ‘‘national,’’ it implies it is just pays interest. he will go ahead and try to promote for America. We are putting together a Now let’s talk about that 18-year-old the idea that we need to have a mili- missile defense system, hopefully, that 30 years from now. Thirty years from tary pay raise, renovate standard hous- will secure world peace. I think we now, that 18-year-old is still paying ing, improve military training, and re- need to keep that in mind when we taxes. He is 48 years old. Then, instead view overseas deployments to reduce talk about what we are going to do to of having a surplus in Social Security, family separations. enhance our missile defense system. we have a deficit. So then what we will The President also has recognized the In my discussion this morning on de- have to do is raise Federal taxes be- concept of a citizen soldier. I can relate fense and the National Missile Defense cause we will have to start repaying to that. I like to think of myself as a System, I am just going to refer to it those bonds. We have to put the money citizen legislator. These are individuals as the missile defense system. back into Social Security. who have regular jobs but take a spell Starting back in 1995, the Republican So what are we going to have to do? from those jobs to serve our country. Congress consistently pressured the Thirty years from now, we are going to That is our National Guard and Re- Clinton administration to make a com- go to that person who paid too much in serve troops, and States play an impor- mitment to deploy a national missile taxes in the first place to create the tant role. The National Government defense system. In 1995, then-President IOU, and now we are going to have to plays an important role to make sure Clinton vetoed the Defense Authoriza- increase their taxes so they can pay these citizen soldiers are readily avail- tion Act over its establishment of a na- back the IOU they created by paying able in time of national emergency to tional missile defense deployment pol- too much taxes in the first place. So serve our country and its defense. icy. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1367 Then, in 1998, the Rumsfeld report, stand the opposition from many of our We need to illuminate the path ahead now-Secretary of Defense Rumsfeld, allies to a system that is defensive in regarding the ABM Treaty. said that a ballistic missile threat to nature. I think they ultimately will We need to redefine the relationship the U.S. was ‘‘broader, more mature share in that technology because it between ballistic missile defense and and evolving more rapidly’’ than the will assure that we have a safer world. strategic forces. Intelligence Community had been re- The key to deploying an effective We need to establish a global missile porting prior to that. The report also missile defense architecture is a lay- defense as a new ballistic missile de- stated that: ered system that is deployed in phases. fense paradigm. The warning times the U.S. can expect of A top priority should be the prompt es- We need to deemphasize the distinc- new, threatening ballistic missile deploy- tablishment of programs to develop the tion between national missile defense ments are being reduced . . . the U.S. might sea-based and then the space-based ele- and theater missile defense. well have little or no warning before oper- ments that can be added to the initial We need an integrated missile de- ational deployment. system when they are ready. fense architecture and operational con- That is what our current Secretary The sea-based missile defense ele- cept. of Defense was saying. ments should be based on the existing We need to have a layered approach Then, in 1999, the National Intel- Navy Theater Wide (NTW) Theater to ballistic missile defense starting ligence Council warned that: Missile Defense Program. The NTW with land, sea, and space in the future. The probability that a WMD armed missile Program will need to be augmented, Our greatest challenge is overcoming will be used against the U.S. forces or inter- both in terms of funding and technical 8 years of funding inadequacy. In the ests is higher today than during most of the capability. The interceptor missiles are fiscal years 1994 through 1999, Sec- Cold War. not sufficiently capable to perform the retary Cheney at that time envisioned That was made in 1999 by the Na- missile defense mission. Therefore, the $7 billion to $8 billion SDI budgets. tional Intelligence Council. Department of Defense should consider We have a great opportunity before In 1999, finally, the President signed a phased approach to the NTW, which us. I think most Americans like most the National Missile Defense Act of involves initial deployment of a system of President Bush’s major proposals. A 1999—referred to around here as the for long-range TMD and limited missile Newsweek poll found 56 percent ap- Cochran bill—which requires deploy- defense applications, and then upgrade proved of his plan for a missile defense ment of a national missile defense sys- to a more dedicated sea-based missile system. tem ‘‘as soon as technologically pos- defense capability in the future. Former Secretary of State Henry sible.’’ That is the key—‘‘as soon as The development of a strategy for Kissinger said no President could allow technologically possible.’’ dealing with the ABM Treaty is as im- a situation in which ‘‘extinction of civ- Even though the administration portant as the technical/architectural ilized life is one’s only strategy.’’ funded the National Missile Defense issues mentioned above. The United The New York Times reports today Acquisition Program, President Clin- States will need to determine whether that Russian President Putin and Ger- ton never committed the United States it wants to pursue modifications to the many’s Foreign Minister Fischer dis- to actual deployment. So in September treaty or seek a completely new ar- cussed the proposed American missile of last year, 2000, President Clinton de- rangement. Any effort at incremen- defense at a Kremlin meeting yester- cided to defer a deployment decision to tally amending the treaty will involve day, ending 2 days of talks that Mr. the next administration. many of the same problems the Clinton Fischer said pointed to new Russian Having laid out that background, I Administration experienced with Rus- flexibility on the notion of a shield want to talk about where we are today. sia and our allies. against rogue missiles. Mr. Fischer The current missile defense system is The current acquisition cost, includ- told reporters: ‘‘In the end, I think preparing to deploy a single ground- ing prior years, for the initial ground- Russia will accept negotiations.’’ based site in Alaska, with a threshold based National Missile Defense system The Senate Armed Services Com- capacity of 20 interceptor missiles in (with 100 interceptor missiles) is $20.3 mittee has met with the British foreign fiscal years 2005–2006, and 100 intercep- billion. The average annual cost for minister and discussed this. A nuclear tors in fiscal years 2007–2008. That is R&D and Procurement is approxi- missile defense will benefit the world. the current plan. This is referred to as mately $2.0–2.5 billion. Ballistic Missile Only our aggressors, I believe, need the initial stage. This would be up- Defense Organization is also recom- fear our missile defense technology. graded, and a second ground-based site mending a significant increase to en- Robert L. Bartley says in today’s would be deployed to deal with more hance its flight test program and its ef- Wall Street Journal: ‘‘The deliberate complex and numerous threats in the forts to deal with counter-measures, vulnerability of ‘mutual assured de- fiscal year 2010–2011 timeframe. which could increase the overall Mis- struction’ carries an appropriate acro- This stand-alone, ground-based ap- sile Defense cost by several billion dol- nym, MAD.’’ proach is inadequate really to satisfy lars. The Navy has estimated that an In the end, with the cold war over, we U.S. global security requirements. initial sea-based National Missile De- should look beyond the cold war rules Nonetheless, the most affordable and fense capability could be deployed in 5– and to the unpredictable future and most effective path to a global ballistic 8 years for $4–6 billion; an intermediate weapons of mass destruction. missile defense system is to augment capability could be deployed in 8–10 I reemphasize that I believe we need the current missile defense program years for $7–10 billion; and a far-term to rethink our vulnerabilities and our rather than replace it. capability, involving dedicated Missile strengths based on our new technology Now, the current ground-based mis- Defense ships and missiles, could be de- and based on the future threat from po- sile defense program has made signifi- ployed in 10–15 years for $13–16 billion. tential adversaries. Our goal should be cant technical progress and offers the Note that the Navy estimates assume more peace and more freedom through earliest deployment options. Once this that the ground-based National Missile renewed strength and a renewed secu- system is deployed, it will offer an Defense infrastructure is in place. rity, and we accomplish that by estab- ‘‘open architecture.’’ This is very im- Without this infrastructure, the Navy lishing control of the high-ground. portant. It offers an ‘‘open architec- would have to add radars, space-based Technology is the key, and we need ture’’ that can be augmented with sensors, battle management, and com- to be sure we are willing to put our dol- ground-based, sea-based, and/or space- mand and control to their cost esti- lars and our brain power behind the based systems as they mature and are mates. idea that we will move forward with a demonstrated. So we leave the door There are many issues before Con- strong defense system which will, in open for technological advances so we gress and this administration con- the long run, assure continued world can build upon the structure we are cerning our missile defense system and peace. initially going to lay out there. they are the following: I yield the floor, and I suggest the ab- I will reemphasize that this is a de- We need to establish a policy for bal- sence of a quorum. fense structure, not offensive; it is a listic missile defense reflecting the The PRESIDING OFFICER (Ms. COL- defense system. Frankly, I don’t under- current global security environment. LINS). The clerk will call the roll. S1368 CONGRESSIONAL RECORD — SENATE February 14, 2001 The assistant legislative clerk pro- ity to speak freely with their patients appeals process. If they go to an HMO ceeded to call the roll. about the treatment options that and the HMO says that they won’t pay Mr. EDWARDS. Madam President, I ought to be considered by the patient. for a particular treatment or a par- ask unanimous consent that the order What we have done is prohibit clauses ticular doctor, patients have a place to for the quorum call be rescinded. between insurance companies and doc- go to appeal. All patients will have a The PRESIDING OFFICER. Without tors—the so-called ‘‘gag rule’’—that re- right to appeal treatment denials to an objection, it is so ordered. strict doctors from talking to their pa- external review authority with outside f tients about the various treatment op- medical experts, which is critical. The tions, and instead only allow doctors to independence of the appeals process is PATIENT PROTECTION talk about the cheapest treatment op- crucial. We have provided for extensive LEGISLATION tions. We prohibit that practice and protections to ensure that the inde- Mr. EDWARDS. Madam President, prohibit gag rules. pendence is in fact there. Once the ap- for too long the law has been on the Scope. Our bill covers every single peal is made and the independent board side of HMO’s and big insurance compa- American who has private insurance decides that coverage should have been nies. It is time we give power back to through an HMO or an insurance com- provided, the decision is final and bind- patients and families and doctors. pany. Some of my colleagues have ar- ing on the HMO or the insurance com- Nearly every one of us has had some gued, during the course of the debate pany. sort of bad experience with an HMO or about a real Patients’ Bill of Rights, As a matter of last resort—and I em- an insurance company, either person- for a more limited approach. I do not phasize last resort—if the HMO has de- ally or through a family member or a agree. I believe every single American nied coverage, and the appeals process friend. Sometimes the problems are who has health insurance or receives fails, the patients should have the abil- frustrating, sometimes the problem is coverage through an HMO deserves, ity to go to court. just red tape and bureaucracy, some- and is entitled to, exactly the same I want to emphasize that the ability times it is simply impersonal treat- rights. The same basic rights and free- to go to court is a matter of absolute ment. doms that we provide for some people last resort. For example, in States such Sometimes the problems are much ought to be available for every single as Texas that have enacted legisla- more serious than that. Sometimes the American who has HMO or health in- tion—about 3 years ago, Texas enacted problems are dangerous: when an HMO, surance coverage. legislation providing patients the right for example, refuses to authorize a Make no mistake, in States like to go to court—experience has proven visit to a specialist or the nearest Texas where strong protections already that actual litigation virtually never emergency room, or denies treatment exist under State law, the State’s own happens. It does not happen for a very that is desperately needed by a patient, efforts in this area should be respected. practical reason: because, first of all, or refuses to be held accountable for Under our bill, if the State law is com- the HMO has to deny coverage; second, any of the decisions it makes. Ameri- parable or more protective of patients there is an internal review and appeal cans have the right to expect that deci- than those we enact here in the Con- process; and third, there is an external sions about their health care and their gress, State law will remain in effect. appeal process to an independent body. family’s health care will only be made In most cases, HMOs and other So it is a very rare circumstance where by the patient, in consultation with health care providers respect the deci- anybody feels the need to go to court. physicians and family members, and sions that are made by patients and In States such as Texas that have en- that physicians will be able to help doctors. This is usually not a problem. acted patient protection legislation, them make those decisions on the basis The people get the treatment they are there have been very few lawsuits filed. of the patient’s best medical interests. entitled to, the treatment their doctor What the Bipartisan Patient Protec- Those decisions should not be made by recommends, and they get better. But tion Act does is ensure that medical HMOs and insurance companies con- if the patient or the doctor believes judgment cases go to State court. The cerned only about the bottom line. that the quality of their health care basic reasoning here is that if the HMO That is why we need a Patients’ Bill may be at risk because of what the or the insurance company is making a of Rights. That is why last week I HMO is doing, because of some bureau- medical judgment, if they make the de- joined Senator JOHN MCCAIN, along crats sitting behind a desk somewhere cision that they are going to insert with a bipartisan group of Members of who decides that they know better their judgment in the place of the phy- the House and the Senate, to introduce what care or treatment the patient sician or the health care provider, then a bill that builds on the progress that should receive, that they know better normally those are cases that are de- has already been made in this Congress than the doctor or specialist who is cided in State court, under State law, to pass a Patients’ Bill of Rights. taking care of the patient, then we using State standards. Our belief is The Bipartisan Patient Protection need to provide some way for the pa- that the HMO, if they are going to ex- Act provides comprehensive patient tient to appeal that decision. ercise medical judgment, if they are protection for all Americans. It will, What we have done here is provide an going to substitute their own judgment No. 1, guarantee access to specialists alternative recourse whenever the for the judgment of the doctor in- for all people who have private insur- HMO or insurance company decides volved, ought to be subject to the same ance, so that women, for example, can that coverage for treatment should be standards to which doctors are subject. go directly to an OB/GYN or a child denied. Under existing law, the HMO’s If a case were brought against a doctor can go directly to a pediatrician for decision is final. If the HMO, no matter for exercising his or her medical judg- care. No. 2, it strengthens the right to what its reasoning for the decision is, ment, that case would go to State go to an emergency room, to the ER, decides that this care, this treatment— court. immediately after an emergency for example, that a sick child should What we have provided here is sim- arises, without first having to be con- not be able to go directly to a pediatric ple: when the HMO steps in and inserts cerned about calling some 1–800 number oncologist—the patient, the family, the itself into the process of exercising and asking permission from an insur- child can do nothing. The HMO holds medical judgment, their case goes to ance company or an HMO. all the power. The law is completely on State court just as a medical neg- When a family is involved in a med- the side of the HMO and the insurance ligence case would go to State court. ical emergency, the last thing they company, and patients are left totally We should not preempt State law. need to be worried about is calling the defenseless. State law has traditionally controlled insurance company. They need to be What we are doing today, through these kinds of cases. Under our bill, the able to do what is best for their family this legislation, is putting account- law that the Governor at the time— and go immediately to the emergency ability back into the system so that, now President Bush—enacted in Texas, room that is closest to them. Our bill like all other Americans, HMO’s are the HMO protection law would be re- provides for that. held accountable for what they do. spected, as would HMO patient protec- We also eliminate the gag rule. What As a first resort, patients are guaran- tion laws that exist all over the coun- we need to do is give doctors the abil- teed both an internal and an external try. So essentially what we are doing February 14, 2001 CONGRESSIONAL RECORD — SENATE S1369 in our legislation is deferring almost have to be exhausted before a patient Sudden cardiac arrest—as the name entirely to the oversight of medical can go to court. imples—happens abruptly and without judgment that has traditionally been Third, the vast majority of cases go warning. It occurs when the heart’s regulated by State law. to State court and are therefore sub- pumping chambers suddenly stop con- I point out that the Judicial Con- ject to whatever State court limita- tracting effectively and as a result, the ference of the United States has spoken tions apply. For example, the limita- heart cannot pump blood. on this issue. The Chief Justice of the tions that exist under State law in Although it has received much less United States, Chief Justice Rehnquist, Texas would apply to cases that go to attention than heart attacks, sudden is the presiding officer of the Judicial State court in Texas. cardiac arrest is a major cause of death Conference of the United States. We are attempting to balance inter- in the United States. The Judicial Conference, through its ests and create really meaningful and This usually fatal event causes brain executive committee, adopted the fol- enforceable rights for the patient, giv- damage or death within minutes if lowing position on February 10, 2000: ing the patient the ability to enforce treatment is not received immediately, The Judicial Conference urges Congress to those rights through an appeals proc- and is estimated to cause more than provide that in any managed care legislation ess, and then, as a matter of absolute 220,000 deaths in the United States an- agreed upon— last resort—and as history has proven, nually. This is the legislation we are talking it happens very rarely—giving them That is more than three lives every 7 about today— the right to take the HMO to state minutes—more than 600 deaths a day. that State courts be the primary forum for court, where these kinds of cases are These deaths are largely attributed to the resolution of personal injury claims aris- traditionally decided. the lack of preparedness and imme- ing from the denial of health care benefits. We have debated this issue over and diate accessible medical attention in The Judicial Conference of the over on the floor of the Senate. Many the short window between the heart United States, a nonpartisan, non- Members of the Senate have been in- ceasing to pump and death. political body headed by the Chief Jus- volved. Congressmen NORWOOD and DIN- Just as in most sudden cardiac ar- tice, decided that cases involving med- GELL have led the effort on the House rests, with Pat there was no warning or ical judgment should go to State court. side in the debate. It is time for us to indicating that she would be suscep- These types of cases have been tradi- get past simply talking about this tible to such a sudden physical trauma. tionally resolved in State court. issue and debating the various parties’ She was in good health. As a matter of Federal courts, of course, are courts positions. Senator MCCAIN and I, along fact, she had just been to the doctor of limited jurisdiction. And these are with others in support of this bill, are and had a check up. not cases that should go to Federal making an effort to resolve our dif- Even after the incident, doctors com- court. Our bill does exactly what the ferences and get this legislation en- mented that her heart was undamaged Judicial Conference, headed by our acted. It is time, finally, that we enact and healthy. After she became sta- Chief Justice, has recommended. It legislation that puts law on the side of bilized, my family and I listened to the sends these cases to the place where the patients, on the side of families, doctors at the George Washington Uni- they have traditionally been decided. and on the side of doctors, and not on versity Hospital who informed us just Contract cases, based solely on what the side of big HMOs and insurance how lucky Pat, Vic, and the rest of the the terms of the contract are—for ex- companies. family had been. I was told that when ample, if there were a provision requir- I yield the floor. individuals are struck with sudden car- ing that insurance coverage be in place The PRESIDING OFFICER. The Sen- diac arrest, only a minuscule number, 5 for 60 days before payment can be made ator from Ohio is recognized. percent, survive. for any particular treatment—if there Mr. VOINOVICH. Madam President, I Fortunately, Pat had been blessed to were a dispute about whether 60 days ask unanimous consent to speak for up be in a place where there was what the had actually passed, or whether the to 5 minutes. American Heart Association calls a coverage or the contract applies, that The PRESIDING OFFICER. Without strong chain of survival in place. would be an interpretation of the con- objection, it is so ordered. As a matter of fact, one of the doc- tract and would go to Federal court. In f tors from George Washington Univer- those limited cases where there is a sity Hospital had been assigned to the dispute about the actual language of FEBRUARY AS AMERICAN HEART convention center for the specific pur- the contract, those cases go to Federal MONTH pose of responding to an incident such court. Mr. VOINOVICH. Madam President, I as the one that occurred to my sister- There are limitations contained in rise today to highlight February as in-law. our bill about any recovery in Federal American Heart Month, a designation It was only 2 or 3 months before the court. The basic structure here is sim- that has stood since 1963 when Congress inaugural ball that this equipment had ple: medical judgment cases, where the first recognized the need to focus na- been put in place at the convention HMO is inserting its judgment for that tional attention on cardiac health. I center in anticipation that something of the health care provider, go to State think it is particularly appropriate like this could happen. I think all con- court. Cases that have always tradi- since it is Valentine’s Day. vention centers throughout the United tionally been decided in State court go The theme of this year’s Heart States should have that equipment on to State court, just as our Chief Jus- Month is one that resonates deeply board. I think all of us here in the Sen- tice in the Judicial Conference is rec- with me: ‘‘Be Prepared for Cardiac ate should feel very fortunate that be- ommending. The only cases that go to Emergencies.’’ This theme is especially cause of Dr. FRIST, that kind of equip- Federal court, a court of limited juris- meaningful because on January 20, the ment is available to the floor of the diction, are cases involving pure inter- day of the Presidential Inauguration, Senate and the House and the corridors pretation of the contract—cases that the Voinovich family almost lost one of the Capitol. have historically been decided in Fed- of its beloved members to sudden car- The chain of survival, developed by eral court under ERISA. So they essen- diac arrest. the American Heart Association, is a tially maintain the same bifurcation Indeed, as the country welcomed the four-step process to saves lives from that the U.S. Supreme Court sug- arrival of a new administration, I, like cardiovascular emergencies. The proc- gested. many of my colleagues, was looking ess includes early access to emergency We have included a balanced ap- forward to sharing this joyous occasion medical services, early CPR, early proach and imposed some limitations. with family and friends. Tragically, defibrillation and early access to ad- Under our bill, there are no class ac- our celebration was suddenly upended vanced cardiovascular care. Its goal is tions. Appeals have to be exhausted, when Patricia Voinovich, my brother to minimize the time from the onset of except for the very rare circumstance Vic’s wife, was struck by sudden car- symptoms to treatment. where the patient can show an imme- diac arrest. As she entered the Ohio In- Although I did not know it at the diate and irreparable harm. In all other augural Ball, she crumpled to the time, all of these factors were present cases, internal and external appeals ground without a pulse or respiration. that night at the Ohio Inaugural Ball. S1370 CONGRESSIONAL RECORD — SENATE February 14, 2001 Indeed, the American Heart Associa- The PRESIDING OFFICER. Without tional Institutes of Health. We have tion estimates that if what they call a objection, it is so ordered. gone from $12 billion now to over $20 strong chain of survival is in place, the Mr. DORGAN. Madam President, are billion, and we are on a path to go to survival rate of sudden cardiac arrest we in morning business? $24 billion in research at the National would increase to upward of 20 percent, The PRESIDING OFFICER. The time Institutes of Health. saving as many as 40,000 lives per year. until 12 noon is under the control of I am pleased to have been one of Think of that—40,000 lives per year if the Democratic leader. those who stimulated that increase in that chain of survival exists. f the investment and research to un- As pat lay there on the floor fol- cover the mysteries of disease. To find RECOGNIZING AMERICAN HEART lowing her collapse, I can only thank ways to cure diseases and to prevent MONTH God that this chain of survival was diseases—heart disease, cancer, so present and went into effect. Secret Mr. DORGAN. Madam President, I much more—is a remarkable under- Service agents and an on-hand emer- want to talk about two items today. taking, an outstanding and important gency physician came to her side al- The first deals with February being investment for the country. How can most immediately. American Heart Month. Let me de- we, however, as a Congress provide These Good Samaritans began admin- scribe my interest in this issue. some focus to this issue of heart dis- istering CPR, as well as utilizing a life- Today, of course, is Valentine’s Day. ease? saving machine called an automatic Most of us will receive some kind of We have a Congressional Heart and external defibrillator, also known as an valentine from someone that has a red Stroke Coalition that we founded in AED. If it had not been for the grace of heart on it and describes love and af- 1996. I am a co-chairman of that in the the Holy Spirit, the rapid response of fection. It is a wonderful day for all of Senate and Senator FRIST, who is a Secret Service agents and the on-hand us. former heart transplant surgeon, is the emergency physician and the presence The other symbol is the human other co-chair. We have two co-chairs of an AED, pat almost certainly would heart, which is a symbol that relates to in the House of Representatives as not have survived. the American Heart Association, an or- well. We are active in a wide range of The American Heart Association has ganization I have worked with a great areas dealing with the issue of heart been a longtime leader in educating deal. And also, as I said, this is Amer- disease. the country in cardiovascular disease ican Heart Month. More than 600 Americans die every and the need for preparing for cardiac Robert Benchley once said: ‘‘As for single day from cardiac arrest. That is emergencies. me, except for an occasional heart at- the equivalent of two large jet airline Unfortunately, many Americans do tack, I feel as young as I ever did,’’ de- crashes a day. But it is not headlines not realize the kind of education and scribing, of course, the devastation of every day because it happens all the training that the Heart Association the cardiac problems that people who time, day after day, every day. can provide until after an emergency suffer from heart disease have. There is some good news, and that is situation occurs. I have certainly be- I want to talk, just for a moment, that cardiac arrest can be reversed in a come even more aware of their services about that because we need to continue number of victims if it is treated with- in light of my family’s situation. every day in every way to deal with in minutes by an electric shock. There Quite simply, being prepared for a this killer in our country. Heart dis- is now something called an automatic cardiac emergency can and does save ease is this country’s number 1 killer. external defibrillator, AED. The AEDs, lives. It is my hope, that by focusing It is the leading cause of disability and which we have all seen on television on this year’s American Heart Month the leading cause of death in our coun- programs where they are applying a theme—‘‘Be Prepared for Cardiac try. shock to someone to restart their Emergencies’’—we can save many Forty-one percent of the deaths in heart, used to be very large machines. thousands of lives, not only this year, our country each year are caused by Now they are portable, the size of a but in years to come. heart disease and other cardiovascular briefcase, easily usable by almost any- I encourage all Americans to partici- diseases, more than the next six lead- one, even myself. I was in Fargo, North pate in American Heart Month, and ing causes of death combined. Cardio- Dakota, one day with the Fargo-Moor- take the time to educate themselves so vascular disease and heart disease kill head ambulance crew, and the emer- that they will be prepared and know more women than the next 14 causes of gency folks use these defibrillators, the what do when an emergency strikes. death combined each year. That is 5.5 portable briefcase size defibrillator. For those of you who might be inter- times more deaths than are caused by They showed me how to hook it up and ested in how Pat is doing, she was in breast cancer. how to use it. the hospital for 5 days. They inserted a How can we help fight heart disease? Without having any experience at all, defibrillator in her chest, so if she has All of us work on a wide range of someone off the street can just hook up another occurrence that defibrillator issues. I am very concerned about a one of these portable defibrillators and will respond to it. wide range of diseases. I have held use it without mistake or error to save My brother thanked me profusely for hearings on breast cancer in North Da- lives. The question is, how can we now inviting him to the inauguration be- kota. I have worked on diabetes espe- make these portable defibrillators eas- cause he said Pat had this preexisting cially with respect to Native Ameri- ily accessible in public buildings all condition they did not know about, and cans. But heart disease is a special pas- around the country, and other areas of if it had occurred somewhere else in- sion for me. I lost a beautiful young public access, so they’re available to stead of the Convention Center, she daughter to heart disease some years help save lives when someone has a would no longer be with us. ago, and I have another daughter who sudden cardiac arrest? That is what we So we have a happy ending to what has a heart defect. I spend some are working on. could have been a real tragedy for our amount of time visiting with cardiolo- We have passed legislation to try to family which, again, emphasizes that gists and visiting Children’s Hospital make these available in airplanes. We because of some folks out there who be- talking about the human heart. have passed legislation to try to move came involved in the chain of survival, We know there is much more to be them around to make them available she is now alive and well and able to learned about heart disease. There is in public buildings. We should do much take care of her family. breathtaking and exciting research more than that. They are affordable, Thank you, Madam President. going on at the National Institutes of easy to use, and can save lives. We Madam President, I suggest the ab- Health dealing with heart disease. I ought to have these new portable sence of a quorum. have been to the NIH and visited the defibrillators as common pieces of safe- The legislative clerk proceeded to researchers. What is happening there is ty equipment in public buildings like call the roll. remarkable. Congress is dramatically fire extinguishers are now. It is achiev- Mr. DORGAN. Madam President, I increasing the funding for research able, and it is something we should do. ask unanimous consent that the order dealing with a wide range of diseases We also need to find ways to do more for the quorum call be rescinded. and inquiry into diseases at the Na- cholesterol screening. That also relates February 14, 2001 CONGRESSIONAL RECORD — SENATE S1371 very much to cardiovascular disease. to these labor issues, but with respect monopolies in regional hubs, and now We know the identification of one of to the way the airlines have remade we have a circumstance where United the major changeable risk factors for themselves since deregulation, is very decided it wants to buy USAir, and cardiovascular disease—that is, high troubling to me and should be very American wants to buy TWA because levels of cholesterol—is not covered by troubling to most of the traveling pub- TWA is going to be in bankruptcy, and Medicare. Clearly, we ought to cover lic in this country. it has been there twice. Delta is talk- those kinds of screenings under Medi- I mentioned earlier, today is Valen- ing about buying Continental, and care. tine’s Day. I suggest for a moment that Northwest will soon be involved in the The American Heart Association rec- you might want to take a trip on Val- mix. They want to condense this down ommends that all Americans over the entine’s Day. If you want to go to Bis- to three big airline carriers. Now, that age of 20 receive cholesterol screening marck, ND—and if you say no because is not competition where I come from. at least once every five years. But it is February, I would admonish you That is kind of an economic cholesterol when an American turns 65 and enters that Bismarck, ND, is a wonderful that clogs the economic veins of the the Medicare program, their coverage place and it is not all that cold in the free market system in this country. We for cholesterol screenings stops. That winter—guess what the walk-up cost need to stop that. makes no sense. We have tried in re- for a flight to Bismarck, ND, is—$1,687. I am considering legislation that cent years to improve the Medicare But assume your sweetheart is very would set up a moratorium on airline coverage of preventive services. We special and you decide, I am not going mergers above a certain size for a cou- now cover screenings for breast, cer- to go Bismarck. I am going to Paris, ple years so we can take a breath and vical, colorectal and prostate cancer, France. Do you know the fare you can understand what this means to the testing for loss of bone mass, diabetes find to Paris, France today? It is not American consumers. The answer of monitoring, vaccinations for the flu, $1,687. We have found walk-up fares to what it means to the American con- pneumonia, and hepatitis B. Now we Paris, France, for $406; or Los Angeles, sumers is quite clear to me. Some are must provide Medicare coverage for $510. So fly to Bismarck for $1,687 or rewarded with lower fares—if you are cholesterol screenings as well. Paris, France, for $406. in the large markets where there is I intend to introduce legislation that Ask yourself, what kind of a nutty competition, while others are paying would add this important benefit to the scheme is this that these private com- extraordinary prices to fly in small menu of preventive services already panies have developed a pricing scheme markets where there is less service and covered by Medicare. I have just men- that says: If you fly twice as far, we higher prices. tioned also the substantial amount of will charge you half as much. But if United says it wants to buy USAir. new research going on at the National you fly half as far, we will charge you That combination means a bigger com- Institutes of Health. twice as much. pany with more market control. Amer- I confess that my passion about this Using Bismarck again, if you have a ican says TWA is failing and it wants issue comes from my family’s experi- hankering to see the largest cow on a to buy TWA. More market control. The ence—in the first case, a tragic experi- hill overlooking New Salem, ND—the TWA thing—if I might just describe the ence. In the second case, we hope for an cow’s name is Salem Sue, the world’s circumstance—is, in my judgment, byz- experience that will show us the mir- largest cow—or to go to see Mickey antine. It was purchased by Carl Icahn acles of research that are coming from Mouse at Disneyland in Los Angeles, in a hostile takeover in the 1980s. I said the National Institutes of Health that you pay twice as much to go half as far this is unhealthy to put an airline com- provide new treatments and new rem- to see the largest cow, or pay half as pany into these hostile takeover wars, edies and new cures for some of these much to go twice as far to see Mickey with junk bonds and everything. Guess illnesses, including heart disease. We Mouse. What kind of a nutty idea is what the problem with TWA is? At the hope this will offer my family good that? Who on earth comes up with moment, Mr. Icahn, after having been news in the future; not just my family, these pricing schemes? Deregulation through two bankruptcies with TWA, every family. Every family is touched comes up with pricing schemes that and is acquainted in some way with has an agreement post bankruptcy to say, by the way, we are not going to this issue of heart disease. As I indi- sell seats on TWA at a 45-percent dis- regulate the airlines. They can com- cated, it is America’s number 1 killer. count from the lowest public fare. This I have been pleased to work with the pete aggressively between the big cit- Icahn-TWA deal, termed the ‘‘caribou American Heart Association, a wonder- ies where a lot of people want to travel. agreement,’’ remains in effect through ful organization of volunteers all That competition will drive down 2003. Mr. Icahn is vigorously contesting across this country that does extraor- prices, and you have really nice prices the bankruptcy proceeding because if dinary work. I will continue to work among the large cities where people the assets are sold, the company will with them and work with the heart and are traveling. Meanwhile, the rest of cease to exist. stroke coalition in the Congress to see the folks get soaked with extraor- What kind of a deal is that when air- if we can’t continue to make progress dinarily high prices and less service. lines become pawns in hostile take- in battling this dreaded disease that So what happened after deregulation overs and then you get sweetheart takes so many lives in our country. is these major airlines decided they deals coming out of bankruptcy that really liked each other a lot and start- impose that kind of burden on the back f ed romancing each other and they of TWA? AIRLINE SERVICE merged. What used to be 11 airlines is It doesn’t look to me as though the Mr. DORGAN. Madam President, I now 7. They want to merge some more public interest has been defined at all rise to speak for a moment about the and they want to go from 7 to 3 air- in these machinations. The point is, airlines and the airline service in our lines. when airlines have become bigger and country. Last weekend, the National What happened through all these bigger and have retreated into domi- Mediation Board released Northwest mergers? They retreated into the re- nant hubs, if there is a strike or lock- Airlines and one of its unions, called gional hubs, such as Minneapolis, Den- out and the airline ceases operating, it AMFA, from the mediation service ver, Atlanta—you name it; they have is not like it was 30 years ago when, if that was going on. retreated to regional hubs where one your airline shut down, you had other Now we are under a 30-day march to airline will control 50 percent, 70 per- airlines. In North Dakota, we had five a potential labor strike and therefore cent, 80 percent of the hub traffic. The different companies flying jet airplanes shutdown of airline service. It is not result is that a dominant airline con- into our State. Now we have one, and just Northwest Airlines. We have a trolling the hub traffic sets its own we just got a second recently with a re- United Airlines dispute in front of the prices, and those prices are outrageous. gional jet. National Mediation Board. We have a Now, here is the point: We now have The point is, when an airline shuts Delta Airlines dispute there, and an outrageous prices for people in sparsely down now, when you have dominance American Airlines dispute. populated areas in the country. We in a certain hub, entire parts of the What has happened in recent years have a system of deregulation in which country will be left with no airline with the airlines, not just with respect the airlines have become unregulated service at all. Those airlines and their S1372 CONGRESSIONAL RECORD — SENATE February 14, 2001 employees have dramatically changed riers is a step backward, not forward. itol visitors center may fall further be- the circumstances of collective bar- It is a step toward concentration, not hind schedule. In fact, the way things gaining. There is someone else who competition. It plugs the arteries of have been going, we must ask ourselves must be at their table, and that is the the free market system in a very if the project will ever be completed. American traveling public because unhealthy way for this country. On the front page of Monday’s edi- their interests are at stake. A strike or I will speak at a future time about tion of Roll Call, the Hill newspaper, lockout will affect their interests in a concentration, and not just in the air- the headline read: ‘‘Visitors Center very dramatic way. line industry. I am concerned about Funds ‘Lagging,’ Officials Say $65 Mil- I wanted to make this point for a what is happening in a range of indus- lion Short of Goal With Clock Tick- couple reasons. One, I think these pro- tries in this country where there is ing.’’ posed mergers fly directly in the face concentration and antitrust behavior After all that has transpired, after of public interest and ought not to be that ought to be troubling to the all the statements we have heard on allowed. That is No. 1. We ought to American people and this Congress. this floor and the floor of the House, I stop this. We don’t need to go to three I yield the floor, and I suggest the ab- am ashamed we have found ourselves in airlines. That is, in my judgment, mov- sence of a quorum. this predicament. Any further delay in ing in the wrong direction. That is not The PRESIDING OFFICER (Mr. construction of the much needed Cap- in the public interest. We need more BURNS). The clerk will call the roll. itol visitors center must be prevented. competition, not more concentration. The bill clerk proceeded to call the We must take action as quickly as pos- No. 2, and my final point, is when you roll. sible. have the kind of disputes that now Ms. COLLINS. Mr. President, I ask Every night I leave my office in the exist before the National Mediation unanimous consent that the order for Capitol to go home, I exit through the Board and the threatened disruptions the quorum call be rescinded. memorial door. It is called the memo- of airline service, it will be devastating The PRESIDING OFFICER. Without rial door because there are two plaques to the public and to this country’s objection, it is so ordered. on the wall commemorating Officer economy if you have entire regions Ms. COLLINS. Mr. President, I ask Chestnut and Detective Gibson. I see with no air service at all. We went unanimous consent that I be permitted their faces each night as I walk out the through a strike with the dominant to proceed for 12 minutes. door. carrier in our region about 2 and a half The PRESIDING OFFICER. Without In response to these murders, many years ago and it was devastating. We objection, it is so ordered. Members renewed our call for the con- can’t let that happen again. There are The Senator from Maine is recog- struction of the visitors center which four carriers with cases in front of the nized. has been talked about for years. I can mediation board, one of which was just (The remarks of Ms. COLLINS per- remember talking about this project released. I say to those carriers and to taining to the introduction of S. 326 are when I was the chairman of the Legis- the labor unions, because you have re- located in today’s RECORD under lative Branch Appropriations Com- made yourself in a different cir- ‘‘Statements on Introduced Bills and mittee. When I was chairman, we cumstance, with dominance in hubs all Joint Resolutions.’’) cleared the cars off the east front of across this country, you have a dif- The PRESIDING OFFICER. The Sen- the Capitol. There are very few auto- ferent responsibility than you used to ator from Nevada. mobiles out there now, but we did it, have in collective bargaining. You have f for security and the fact that it was an eyesore. Unfortunately, it’s still an a responsibility to the American public CAPITOL VISITORS CENTER that didn’t previously exist. This is not eyesore—that blacktop on the East business as usual. There is another in- Mr. REID. Mr. President, I can re- side of the Capitol of the United terest that must be seated at your member traveling home a day in July States. The only superpower left in the table, and that is the public interest. two and a half years ago when I learned world and we have an ugly blacktop Understand that those of us in Con- on the radio that two Capitol police- out here. More important than the vis- gress, those who are strong supporters men, Detective John Gibson and Offi- ual aspect, however, are the safety con- of businesses and strong supporters of cer Jacob Chestnut, had been murdered cerns. The reason Chestnut and Gibson unions, understand it is most impor- in the Capitol. were killed, in my opinion, is that they tant that we are supporters of the pub- When there is a loss of life, it affects had no protection. A madman with a lic interest, the people we represent, us all; but, these men were in the line gun rushed through the door and shot and supporters of the larger national of fire and prevented other people from Chestnut. Gibson valiantly came for- interests in this country. being killed. ward to protect a Member and others With what happened to the airline in- I also had a particular affinity to- from being shot, and he was killed. A dustry, the massive concentration and ward Detective John Gibson because of visitors center would enhance safety the critical dominance in regional the assistance he provided at a func- for these fine men and women who hubs, these labor disputes are very tion when my wife took ill. He, in a guard us. Men and women who guard troubling to me and to many others. very heroic fashion, exercised good the the thousands of Americans who They must not—I repeat—result in the judgment in helping with the medical come to this building every day. shutdown of critically needed airline problems my wife was experiencing. A In addition to that, we always see service to parts of this country that short time after he gallantly helped my people lined up out there on the east can ill afford to have that happen. wife, he was murdered. side of the Capitol waiting to get into I say to the airlines and to the Furthermore, the deaths of Detective the building. We see them during the unions: Sit at that table and bargain. I Gibson and Officer Chestnut were pain- spring and summer months. We see am a big supporter of collective bar- ful for me because I was a Capitol po- them during the fall months when gaining. Bargain and reach an agree- liceman. I put myself through law school is out. Even during the winter ment. Understand that the empty chair school working in the Capitol as a po- months, they line up for blocks. People next to your discussion is a chair that lice officer. from all over America—from Nevada, represents the public interest, and that The reason I mention these events is Montana, Maine—come to Washington chair is not filled by someone who is that I was stunned Monday to read to visit the Capitol. They are forced— sitting there as part of that discussion, that the visitors center that we as I say ‘‘forced’’ because there is no place but they are in that room overlooking Members of the Senate and the House else to go—to stand outside in the ele- those negotiations. Resolve these rushed forward to do something about ments, whether it is raining, snowing, issues and keep that service from the following the murders of these two men or 100 degrees, without the benefit of company and its employees provided to was now grinding to, if not a halt, a restrooms, a place to get something to the American people. slowdown. I rise today to express my eat, or a place to get something to I hope my colleagues will join me in serious concern and extreme dis- drink. The Capitol visitors center expressing loudly that having this appointment with recent reports that would allow the Capitol Police to bet- country go to three major airline car- construction of the much needed Cap- ter protect themselves and all of us February 14, 2001 CONGRESSIONAL RECORD — SENATE S1373 who come to this Capitol complex to EXHIBIT 1 The Fund for the Capitol Visitors Center, a work or to visit, and would also pro- U.S. SENATE, non-profit organization established by the vide an indoor facility for visitors to Washington, DC, February 14, 2001. Pew Charitable Trusts, has raised $35 million stand in line, as well as a gift shop, a Hon. ROBERT BENNETT, in private gifts thus far. That leaves it $65 Chairman, Subcommittee on Legislative Branch million short of the $100 million it needs to cafeteria, and a place for them to go to raise by the end of the year. the bathroom. Appropriations, U.S. Capitol, Washington, DC. ‘‘I think we’ve been aware now for a while We have authorized $100 million for Hon. RICHARD DURBIN, that the fundraising [aspect] is lagging, and the construction of this Capitol visi- Ranking Member, Subcommittee on Legislative we have been thinking about different op- tors center. It will cost, however, $265 Branch Appropriations, U.S. Capitol, Wash- tions,’’ said an aide to one member of the Capitol Preservation Commission, the entity million. After six different congres- ington, DC. DEAR MR. CHAIRMAN AND SENATOR DURBIN: charged with overseeing the visitors center. sional committees exercised their ju- I would like to express my serious concern While the aide declined to discuss timeli- risdiction, it was decided that we and disappointment with recent reports that ness and what those specific options might would sell $65 million worth of com- construction of the much needed Capitol be, the staffer said that using more tax- memorative coins from the U.S. Mint, Visitors Center may fall even further behind payers funds—a controversial idea—to sup- with the additional $100 million raised schedule. This would be an unfortunate de- plement the project is ‘‘certainly an option’’ in the private sector. I have never velopment that we must prevent as quickly that is being discussed. After two Capitol Police officers were shot thought the money should be raised in as possible. In July 1998, following the murders of Offi- and killed in the Capitol in July 1998, Con- the private sector. If there were ever cer Jacob Chestnut and Detective John Gib- gress appropriated $100 million in taxpayer something that should be paid for by son, many Members of the House of Rep- funds for the visitors center with the idea the government, it should be a visitors resentatives and the Senate, including me, that the funds would be matched by private center to this Capitol. publicly recognized the sacrifices made by donations. these two fine men. Many of us also renewed Construction on the visitors center is set I commend all of the donors who gave our call for the construction of a Capitol to begin in January 2002, and under federal their time and money to raise the $35 Visitors Center. The proposed Visitors Cen- law all funds used for the project must be million that has been raised to date. ter would improve security and provide an collected before the first shovel goes into the While I commend these people, how- indoor facility for visitors to stand in line, ground. ever, I believe their noble efforts and would also include a gift shop, rest Senior Congressional officials involved in should never have been necessary in rooms and a cafeteria. the project are privately expressing concern raising this money. The U.S. Capitol To date, Congress has authorized and ap- that the money may not come soon enough. propriated $100 million for the construction ‘‘The Capitol is in desperate need of this Building is the people’s house. It is the of the Capitol Visitors Center. At a cost of visitors center, so we want it to stay on seat of our government and the endur- approximately $265 million, however, that track, and we need to have the money by De- ing symbol of this democracy, the amount fell far short of the funds needed. As cember 2001 for construction to begin on greatest country in the history of the you know, following a series of delays caused time,’’ one CPC staffer said on the condition world. The Capitol is the seat of gov- by six different congressional committees of anonymity. ‘‘I think that everybody’s ernment for the greatest country in exercising their jurisdiction over the project, dedicated to figuring out a way to keep it the history of the world. it was decided that $65 million would be moving forward.’’ raised by the U.S. Mint through the sale of After kicking off its campaign in April 2000 As Senators and Representatives, we commemorative coins, with the additional with an initial $35 million in pledged dona- have been blessed with the incredible $100 million raised by the Fund for the Cap- tions, including $10 million from the Bill and fortune of calling the Capitol the place itol Visitors Center through private dona- Melinda Gates Foundation, the fund has not where we work. I am disappointed that tions. publicly announced any further donations or we, as caretakers of this people’s While I commend those donors and all who fundraising totals. have generously contributed their time and ‘‘I think this really has been a much more house, have abrogated our responsi- money to raise private funds for the con- difficult task than they thought it would bility by begging the private sector for struction of the Capitol Visitors Center, I be- be,’’ said the aide to a CPC member. ‘‘I do funds to help build what I believe lieve that their noble efforts should never think they were very optimistic about what should remain a public institution. We have been necessary. The United States Cap- they could raise and it wasn’t really re- have an obligation to fully fund the itol Building is the People’s House. It is the ality.’’ construction of the visitors center. We seat of our government and the enduring The first major addition to the Capitol should do it right away—during this symbol of our democracy. As Senators and since 1859, the visitors center is slated to Congress. Representatives, we have been blessed with cost $265 million and be completed by Janu- the incredible fortune of calling the Capitol ary 2005—just in time for the next presi- I have conveyed this message to Sen- our place of employment. I am extremely dential inauguration. ators BENNETT and DURBIN, the chair- disappointed that we, as caretakers of the The price tag could increase by as much as man and ranking member of the Sub- People’s House, have abrogated our respon- $10 million if CPC members approve con- committee on Legislative Branch Ap- sibilities by begging the private sector for struction of a proposed tunnel that would connect the center with the Library of Con- propriations, as well as to the full com- funds to help build what I believe is, and should remain, a public institution. gress. mittee chairman, Senator STEVENS, We have an obligation to fully fund the Thus far, fundraising concerns have not af- and the ranking member, Senator construction of the Capitol Visitors Center. fected the project’s estimated start date, but BYRD. As a Member of the Senate Appropriations that could change if funds are not collected I ask unanimous consent that the Committee, I intend to continue my efforts by year’s end. to ensure that we provide the necessary ‘‘If we had to wait for the fundraising, po- letter I have written to these Senators funds, as quickly as possible, to prevent con- tentially, yeah, it would need to be moved be printed in the RECORD following my struction from falling even further behind back, but I don’t think that’s in anybody’s remarks. I also ask unanimous consent schedule. head right now,’’ the CPC member’s aide that the article in Monday’s edition of My best wishes to you, said. ‘‘I think it’s too soon to be talking the Roll Call newspaper to which I re- Sincerely, about that.’’ ferred be printed in the RECORD. HARRY REID, Former Rep. Vic Fazio (D–Calif.), who sits U.S. Senator. on the fund’s board of directors, said the or- The PRESIDING OFFICER. Without EXHIBIT 2 ganization has donations ‘‘in the pipeline,’’ objection, it is so ordered. [From Roll Call, Feb. 12, 2001] even though they are unable to publicly an- nounce them. (See Exhibits 1 and 2.) VISITORS CENTER FUNDS ‘‘LAGGING,’’ ‘‘How much people will decide to give, if OFFICIALS SAY Mr. REID. I intend to continue my they decide to give, is something that’s still efforts to ensure that we provide the $65 MILLION SHORT OF GOAL WITH CLOCK being discussed,’’ said Fazio, who cham- necessary funds as quickly as possible TICKING pioned the project when he was in the House. to prevent construction delays in the (By Lauren W. Whittington) ‘‘Nobody could have predicted, and we still Capitol visitors center. It is important Amid concern that private fundraising ef- couldn’t tell you for sure how much money forts for the Capitol visitors center are ‘‘lag- could be raised for such a purpose.’’ that we do this. It is important to this ging,’’ some top officials associated with the Maria Titelman, president of the fund, said country. It is important to this institu- project have begun looking into other fund- the organization is raising money, although tion. It is important to the people we ing options in order to keep it from falling she too was unable to release any estimates serve. behind schedule. or talk publicly about possible donations. S1374 CONGRESSIONAL RECORD — SENATE February 14, 2001 ‘‘I think that we’re very excited about said. ‘‘At some point if we have to beef up ‘‘Statements on Introduced Bills and where we’re going,’’ Titelman said. ‘‘We’re the private fundraising efforts or help assist Joint Resolutions.’’) raising money as quickly as we can on an ac- them in any way, there’s plenty of muscle Mr. AKAKA. I suggest the absence of celerated schedule. We’ll get to our $100 mil- power that can raise that money, particu- a quorum. lion as soon as possible.’’ larly Members who unabashedly raised hun- The bulk of the remaining $65 million will dreds of millions for campaign efforts.’’ The PRESIDING OFFICER. The be raised through the sale of commemorative Outside of revisiting the public funding de- clerk will call the roll. coins. Funds raised from the sale of two bi- bate, the CPC can also explore other private The legislative clerk proceeded to centennial coins in the late 1980s have now fundraising options because its agreement call the roll. reached $30 million, and the CPC expects to with the fund is not exclusive. The CPC Mr. LEAHY. Mr. President, I ask make another $5 million to $10 million from could begin to accept private donations di- unanimous consent that the order for the sale of two coins set to be released by the rectly or it could set up another organiza- the quorum call be rescinded. U.S. Mint this spring. tion to raise private money for the project. For their part, Members and key staffers One thing that has been a roadblock for The PRESIDING OFFICER. Without on both sides of the aisle remain committed the fund’s efforts thus far is the issue of pub- objection, it is so ordered. to the project. lic recognition. Mr. LEAHY. Mr. President, what is ‘‘The entire leadership and CPC remain From the outset, most Members of Con- the parliamentary situation? very committed to this and very enthusi- gress have been adamantly opposed to the f astic about it,’’ said Ted Van Der Meid, an idea of naming portions of the visitors center aide to Speaker Dennis Hastert (R-Ill.). after corporate sponsors, and the leadership Van Der Meid also noted that last week’s CONCLUSION OF MORNING and the fund have differed on the ways in BUSINESS shooting incident at the White House ‘‘reaf- which corporations can receive public rec- firms one of the main purposes for the visi- ognition for the donations. The PRESIDING OFFICER. Morning tors center.’’ ‘‘This is too important a part of our his- business is closed. To assist with their efforts, the fund has tory,’’ Bumpers said. ‘‘We’re not going to hired outside fundraising consultants Wyatt f name this the MCI visitors center or any of Stewart & Associates and The Bonner Group. those things.’’ Also advising the fund is Steven Briganti, ORDER OF PROCEDURE president and CEO of the foundation that Mr. REID. I suggest the absence of a Mr. LEAHY. Mr. President, the dis- funded the restoration and preservation of quorum. tinguished chairman of the Senate Ju- the Statue of Liberty and Ellis Island. The PRESIDING OFFICER. The diciary Committee, Mr. HATCH, is going The fund’s board of directors will hold its clerk will call the roll. next meeting March 8, at which time it may to be coming over on a matter of ours. The assistant legislative clerk pro- He is not here yet. I ask unanimous have a better idea of monetary commitments ceeded to call the roll. from corporations. consent that I be able to proceed on a ‘‘It’s premature to make any statement Mr. AKAKA. Mr. President, I ask different subject as in morning busi- about what we will be able to accomplish be- unanimous consent that the order for ness. cause there are a number of things being the quorum call be rescinded. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without considered right now by a number of founda- objection, it is so ordered. tions,’’ Fazio said. ‘‘Whether or not we can objection, it is so ordered. get to the original goal, I think, remains to f f be seen. It’s not going to be an easy task to do that.’’ EXPRESSING SYMPATHY FOR LESSONS TO BE LEARNED FROM If the fund is not able to reach its initial LOST LOVED ONES IN HAWAII THE WRONGFUL CONVICTION OF goal, Fazio said, it will rely on more public EARL WASHINGTON money. Mr. AKAKA. Mr. President, I express ‘‘I have not objected to the effort to raise my sincerest sympathies to the fami- Mr. LEAHY. Mr. President, I want to private funds, and I’ve been part of that ef- lies of those who have lost loved ones discuss the case of Earl Washington. fort, but I certainly would hope that if we in two unrelated incidents the U.S. Mr. Washington was released from cus- are only so successful at that, that we would military in Hawaii during the past tody Monday after more than 17 years then fall back on additional appropriations week. in prison. In fact, of the 17 years in to make it happen,’’ Fazio said. ‘‘The most On Friday afternoon, the U.S.S. prison, 10 years of that were on death important thing is it not be something that row. Virginia Governor James Gilmore is delayed or underdone.’’ Greeneville collided with the Ehime Former Sen. Dale Bumpers (D-Ark.), also a Maru, a Japanese fishing vessel. I join pardoned Earl Washington on October member of the board, said he has always fa- President Bush in expressing my regret 2, 2000, after some new DNA tests con- vored Congress appropriating the funds need- to the people of Japan for this tragedy. firmed what earlier DNA tests had al- ed to build the center. My heart goes out to the families of ready shown—he was the wrong guy. ‘‘So far as this mixing of private and public the nine people who are still missing They had the wrong person in prison on money, I never have much liked that,’’ following this incident. death row. Bumpers said in an interview last week. ‘‘I I mention this case as probably the thought if it was a good idea, we ought to On Monday evening, two UH–60 fund it with public funds.’’ Blackhawk helicopters crashed during most recent that we have seen in the Sen. Strom Thurmond (R-S.C.), co-chair- a training exercise at the Kahuku Mili- press, but we have seen a shocking man of the CPC, said in a prepared state- tary Training Area, resulting in six number of cases in the past 2 years in ment, ‘‘At this time I feel that it would be deaths. My thoughts and prayers are which inmates have been exonerated premature to make any final decisions re- with the families and units who are after long stays in prison, including garding the appropriation of additional funds mourning the loss of their loved ones. I more than 90 cases involving people for the Capitol visitors center. However, I who had been sentenced to death. Let recognize that because of the importance of also wish a speedy recovery to those this project, it is essential that we keep all soldiers who are recovering from inju- me repeat that: more than 90 cases of our options open.’’ ries sustained in this accident. where people had been sentenced to Sen. Bob Bennett (R-Utah), chairman of I am certain that the investigations death and they then found they had the the Appropriations subcommittee on the leg- into these incidents will be thorough wrong person. islative branch and a member of the CPC, and comprehensive. But my purpose Since Earl Washington was pardoned said he would consider appropriating more today is not to question why these in- 4 months ago, six more condemned money for the project if it was needed. ‘‘I haven’t given any thought to what hap- cidents occurred, but to express the prisoners in four different States have pens if [the current fundraising framework] genuine sadness and concern that I had their convictions vacated through won’t work,’’ Bennett said. ‘‘But if it be- share with the people of Hawaii and the exonerating evidence: William Nieves, comes clear that it won’t work, then I would rest of the nation over these two unfor- sentenced to death in Pennsylvania in take a look at an additional appropriation.’’ tunate episodes. 1994; Michael Graham and Albert However, Rep. John Mica (R-Fla.), a CPC The PRESIDING OFFICER (Mr. ED- Burrell, sentenced to death in Lou- member and one of the most vocal sup- WARDS). The Senator from Hawaii is isiana in 1987; Peter Limone and Jo- porters of the visitors center to date, said he seph Salvati, sentenced to death in is against appropriating more taxpayer recognized. money. (The remarks of Mr. AKAKA per- Massachusetts in 1968; and Frank Lee ‘‘I don’t think we need any more public taining to the introduction of S. 329 are Smith, sentenced to death in Florida in money and particularly at this stage,’’ Mica located in today’s RECORD under 1986. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1375 There have also been other recent ex- was raped and murdered in Culpeper, read something in the paper, a horren- onerations of inmates who were not VA. Nearly a year later, Earl Wash- dous crime, and he would immediately sentenced to death, but were serving ington was arrested on an unrelated confess. Especially if it was cold weath- long terms of imprisonment. Just last charge. Earlier that day, Washington er, he would come to a warm police sta- month, the State of Texas released had broken into the home of an elderly tion and he would confess to every- Chris Ochoa from prison at the request woman named Helen Weeks. But she thing. We could make up cases and he of the local prosecutors. The prosecu- surprised him. He hit her over the head would confess. tors themselves asked that he be re- with a chair and fled. At the time he Obviously, that is one level. But with leased. In 1989, Ochoa pled guilty to a was arrested, he was drunk and run- Earl Washington it was entirely dif- rape-murder he did not commit. Some- ning wild through the woods. ferent. He had committed a crime. He body may ask: Why would you plead Earl Washington suffers from mental had broken into a woman’s house, and guilty to a rape and murder that you retardation. He has an IQ of 69, which he had hit her with a chair. But he did did not commit? Because the authori- puts him in the bottom 2 percent of the not rape her. Nobody did. She said so ties said they were going to make sure population. Like a child, he tends to herself. He certainly did not murder he got a death sentence if he did not answer questions in whatever way he and rape the woman he was charged plead guilty to the crime. thinks will please his questioners. with murdering and raping. Somebody DNA tests that were not available After his arrest, he ‘‘confessed’’ to else did. But with no evidence at all, when he was arrested cleared Ochoa pretty much every unsolved crime the except for his confession, he was found and his codefendant and implicated an- police asked him about. guilty. other man, who had previously con- A police sergeant named Alan When Earl Washington was convicted fessed to the crime on several occa- Cubbage later described the scene to in 1984, DNA testing was not available. sions. the Washington Post. He got a call By the early 1990s, DNA testing was Here is how bad this case was. Chris that day from the officers who were in- available, although the technology has Ochoa was arrested. He knew he did terrogating Earl Washington. He told since improved, and tests done in 1993 not commit the crime, this rape-mur- the Post: ‘‘It was almost like a big and 1993—seven years ago—showed that der. But the police basically told him: party. ‘Come on down,’’’ they said, Earl Washington did not rape Rebecca We are going to have you executed if ‘‘This guy is confessing to everything.’’ Williams. we go to trial. We are going to prove it. He was confessing to crimes he could Despite these test results, the state We will have you executed. Of course, not possibly have committed. But officials still thought he might be you can plead guilty and we will spare whatever it was, when they asked him guilty. Maybe there was somebody else you the death penalty. He did. But if he committed the crime, he said: involved. Maybe there were two peo- then, even though they had the man ‘‘Yes, sir.’’ ple—notwithstanding the fact that the who actually committed this heinous First, he confessed to the crime he woman who was murdered, who had crime, who kept confessing to it, they had actually committed—breaking into lived for a period of time after she was did not pay any attention to him be- Helen Weeks’ home and hitting her attacked, said very clearly that there cause it was easier to just keep the over the head with a chair. That he did was only one person. wrong guy locked up. do. Then he confessed to raping her. So Earl Washington remained in pris- Of course, when the DNA evidence Without any reason to suspect that on. There was so much doubt—at least came out—it was there in front of ev- Weeks had been raped, the officers in- they did not execute him—they com- erybody—they said: Look, we have the terrogating Washington asked if he had muted his sentence to life in January wrong guy. This other person, the per- raped her, and he gave the standard re- of 1994. But he was not pardoned. He son who had confessed to it, is the sponse, ‘‘Yes, sir.’’ was given life in prison, but still for a right guy after all. Whoops, sorry On that basis alone, they charged crime that he did not commit and more about that. Well, we have only had you him with rape. Well, then Helen Weeks and more of the authorities in the locked up for over a decade for a crime came forward and said, ‘‘Nobody raped State knew he did not commit and you did not commit. me. I never told the police I had been DNA tests proved he did not commit. We must identify the cracks in the raped. Nobody tried to rape me.’’ And One would think the courts would be system that allowed these injustices to they kind of tiptoed into court and interested in scientific evidence, espe- occur. DNA is a central tool in this dropped the rape charge. cially of a prisoner’s innocence. Nor- pursuit. It has already led to the exon- During that same interrogation ses- mally you do not have to prove your eration of more than 80 people in this sion, Earl Washington went on to con- innocence, but this was a case where he country, including Earl Washington fess to four other unrelated crimes. In- could prove his innocence. One might and others who had been sentenced to vestigators later concluded that he ask, couldn’t he go to court with the death. could not have committed three of the new DNA evidence and ask for a new DNA testing has opened a window to crimes in other words, that his confes- trial? The answer is no; Virginia has give us a disturbing view of the defects sions were wholly unreliable. Yet with the shortest deadline in the country for of our criminal justice system. When virtually no evidence other than the going back to court with new evidence. DNA evidence exonerates a person such remaining confession, he was charged It has to be submitted within 21 days of as Earl Washington, there is a unique and brought to trial for the fourth conviction. After that, the defendant is opportunity to evaluate how the sys- crime the rape and murder of Rebecca out of luck. tem failed that person, and perhaps Williams. Earl Washington could not submit even more importantly, to identify Earl Washington almost immediately the evidence within 21 days of convic- broader patterns of error and abuse. retracted his confession to the Wil- tion for a very simple reason: The tech- If a plane falls from the sky and liams murder, and there were no fin- nology for DNA testing, at the time of crashes, we investigate the causes. We gerprints or blood linking him to the his conviction, was not available. And try to learn from the tragedy so we can crime scene. But he was convicted, and of course by the time it became avail- avoid similar tragedies in the future. the jury recommended execution. He able a few years later, he was in a We should do no less when a wrongfully was sentenced to death, his appeals catch-22: I’ve got DNA evidence that convicted person walks off death row. were rejected, and he came within a proves I’m innocent. Sorry, 21 days The justice system did not just fail few days of being electrocuted. The went by a long time ago. But they Earl Washington; it crashed and whole justice system failed him. But didn’t have DNA evidence within 21 burned. We have a lot to learn from science eventually came to his rescue. days of my conviction. I know, it is a this case. It highlights many of the Mr. President, everybody who has crying shame. Stay on death row. problems we see over and over again in been in law enforcement knows you get Last year, a new and more precise cases of wrongful conviction. some people like Earl Washington, who DNA test reconfirmed what the earlier These are the basic facts of the Earl are ready to confess to everything. tests had shown: Earl Washington did Washington case. In June of 1982, a When I was prosecuting cases, we had a not commit the crime for which he was young woman named Rebecca Williams man—he is no longer alive—who would sentenced to death. The tests pointed S1376 CONGRESSIONAL RECORD — SENATE February 14, 2001 to another person who was already in system is about the search for the People of good conscience can and prison for rape. So, 7 years after the truth: the truth, the whole truth, and will disagree on the morality of the initial DNA tests and more than 16 nothing but the truth. As a former death penalty; but people of good con- years after he was sentenced to be exe- prosecutor, I understand the impor- science all share the same goal of pre- cuted, Earl Washington was granted an tance of finality in criminal cases, but venting the execution of the innocent. absolute pardon for the rape and mur- even more important than that is the People of good conscience should not der of Rebecca Williams, a rape and commitment to the truth; that has to disagree that the way the case of Earl murder he never committed. After come first. Washington was handled over the past science had twice proven his innocence, This case tells us we cannot sit back 17 years was unjust. It was completely the Commonwealth of Virginia finally and assume prosecutors and courts will unacceptable. We ought to find ways to acknowledged the truth. do the right thing when it comes to make sure these kinds of things do not That is not the end of the story. He DNA evidence. It took Earl Washington happen again. years to convince prosecutors to do the then spent another 4 months in prison f for his attack on Hazel Weeks. That is very simple tests that would prove his at least a crime he committed. He hit innocence, and more time still to win INTELLECTUAL PROPERTY AND her with a chair in 1983. So now, 17 his freedom. HIGH TECHNOLOGY TECHNICAL years later, he is finishing that sen- Some States continue to stonewall AMENDMENTS ACT OF 2001 tence. People sentenced for similar on requests for DNA testing. They con- The PRESIDING OFFICER (Mrs. LIN- crimes in Virginia are generally pa- tinue to hide behind time limits and COLN). Under the previous order, the roled after 7 to 10 years in prison. They procedural default rules to deny pris- hour of 2 p.m. having arrived, the Sen- made Earl Washington serve twice the oners the opportunity to present DNA ate will now proceed to the consider- time that others would serve the max- test results in court. They continue to ation of S. 320, which the clerk will re- imum possible time in prison. Having destroy DNA evidence that could set port. innocent people free. unjustly condemned him, the Common- The assistant legislative clerk read These practices must stop. I have wealth of Virginia compounded the in- as follows: long supported and I continue to sup- A bill (S. 320) to make technical correc- justice by keeping him in prison until port funding to ensure that law en- two days ago, when he became entitled tions in patent, copyright, and trademark forcement has access to DNA testing laws. to mandatory parole. It is almost as if and all the other tools it needs to in- they were saying: How dare you be in- The PRESIDING OFFICER. Under vestigate and prosecute crime in our the previous order, there will now be 1 nocent of the other crime we convicted society. But if we as a society are com- hour of debate on the bill equally di- you of? How dare you prove us wrong? mitted to getting it right, and not just vided in the usual form. We will make you pay for it. to getting a conviction, we need to I had hoped to meet with Earl Wash- The Senator from Utah. make sure that DNA testing, and the Mr. HATCH. Madam President, I rise ington after his release from prison. ability to present DNA evidence to the Congressman BOBBY SCOTT of Virginia today to discuss S. 320, the Intellectual courts, is also available to the defense. Property and High Technology Tech- wrote to the Virginia correctional au- We should not pass up the promise of thorities 2 weeks ago and sought per- nical Amendments Act, which I have truth and justice for both sides of our worked on with my distinguished col- mission for Earl Washington to travel adversarial system, and that promise is league, the ranking member of the Ju- to Capitol Hill Monday under the care there in DNA evidence. diciary Committee, Senator LEAHY. We and supervision of his attorneys. We We must also understand this case thought it was important for the shows why we should not allow the exe- have had a very productive relation- American people to hear firsthand an cution of the mentally retarded. As I ship in the Judiciary Committee in the account of this injustice. A good jus- noted in a floor statement last Decem- area of high technology and intellec- tice system learns from its mistakes. ber, people with mental retardation are tual property. Our bipartisan coopera- The last 17 years of Earl Washing- more prone to make false confessions tion has resulted in much good legisla- ton’s life have been one of the system’s simply to please their interrogators, tion that has helped American con- worst mistakes. We felt we owed it to and they are often unable to assist sumers and businesses and which has Earl Washington and future Earl Wash- their lawyers in their own defense. Earl encouraged American innovation and ingtons to listen. The officials of the Washington confessed to no less than creativity, including greater deploy- Commonwealth did not. They had a dif- four serious felonies which he did not ment of the Internet. ferent view. They did not want Earl commit and could not have committed. Some recent examples of our work Washington to come here. They did not We should join the overwhelming num- include the following items: want him to come here even for a few ber of nations that do not allow the The Satellite Home Viewer Improve- hours, come that great distance from execution of the mentally retarded. ment Act, which authorized the car- Virginia, which is 2 miles away. They There are good things that may come riage of local television stations by didn’t want him to come those extra 2 out of this case. I know the Supreme satellite carriers, has brought local tel- miles and tell the story. Court of Virginia has proposed elimi- evision to thousands across the coun- This case reveals the dark side of a nating the 21-day rule, which prevented try who might not have been able to system that is not known for admit- Earl Washington from getting a new get it before, and has brought competi- ting its mistakes. I am not speaking trial based on the initial DNA tests in tion in subscription television services only of the Commonwealth of Virginia. the early 1990s. That would be a good to many others who before could only A whole lot of other States have been thing if it happens. But it would be just choose the local cable company. The just as bad at admitting their mis- a start. passage last year of a loan guarantee takes. I urge us to go forward and pass the program will help make the benefits of In the Earl Washington case, state Innocence Protection Act, supported this law more widely available. officials insisted on pursuing a death by both Republicans and Democrats in The Anticybersquatting Consumer penalty charge despite having wholly this body and in the other body. This Protection Act helps guard against unreliable evidence. They kept him in legislation addresses several serious fraudulent or pornographic websites prison for years despite knowing he problems in the administration of cap- that confuse, offend, or defraud unwit- was falsely convicted. They kept him ital punishment. Most urgently, the ting online consumers who go to sites locked up, knowing he was falsely con- bill would afford greater access to DNA with famous business names only to victed. And then they would not even testing for convicted offenders and help find that someone else is using that let him come here to Washington to states improve the quality of legal rep- trademarked name in bad faith under tell the American people what hap- resentation in their capital cases. It false pretenses. This law also helps pro- pened. also proposes that the United States tect the goodwill of American busi- We need to hear from such people Congress speak as the conscience of the nesses that could be hurt by the bad like Earl Washington, not hide them Nation in condemning the execution of faith misuse of their trademarked busi- from public view. The American justice the mentally retarded. ness name in ways that tarnish their February 14, 2001 CONGRESSIONAL RECORD — SENATE S1377 name or undermine consumer con- With regard to that, Senator LEAHY (5) Can Federal law enforcement, par- fidence in their brands. and I are releasing today our joint ticularly civil rights enforcers, play a The American Inventor Protection High Technology and Intellectual larger role in safeguarding the privacy Act is helping to further serve Amer- Property legislative agenda. concerns of Internet users? ican innovators with more streamlined I would like to mention some of the (6) To what extent can web-sites and procedures at the United States Patent items on that agenda and discuss some Government agencies track the Inter- and Trademark Office, and better orga- of them briefly. net activities of individual users and nizing the Office so that it will better In the Internet Age, many basic ques- what should be done to ensure greater serve its customers, American inven- tions need to be asked anew about the protection of personally identifiable or tors. There are also protections for in- relationships between the artists and financially sensitive data? ventors from unscrupulous businesses the media companies that market and We would like to work toward re- that prey on small inventors who are distribute their product; about the forms that can more fully deploy the not familiar with the procedures of ob- rights of consumers and fans to use Internet to make educational opportu- taining a patent. works in new ways and the ability of nities more widely available to stu- The Digital Millennium Copyright technology companies and other medi- dents in remote locations, to life-long Act updated copyright law for the ators to assist them in those uses; and learners, and to enhance the edu- Internet, while striking a balance nec- about the accessibility of works to cational experience of all students. essary to foster technological develop- scholars, students, or others for legiti- The Internet can bring new experi- ment and full deployment of the Inter- mate purposes. We need to continue to ences to remote locations. My own net. This law has set the groundwork think about how the copyright system home state of Utah has been experi- for entertainment convergence on a applies in the Internet world, where menting with ways to bring the best single interactive platform where the some of the assumptions underpinning possible educational experience to consumer is king and can set his or her traditional copyright law may not be learners all across our state, some of own schedule for news, information, relevant, or need to be applied by a whom live in remote rural areas, using entertainment, communication, and so proper analogy. Are there ways to clar- wired technology. We would like to see on. ify the rights and responsibilities of how we can further support efforts to Well, Madam President, this is just a artists, owners, consumers, and users harness the communicative power of sampling of what we have achieved to- of copyrighted works? How can we fos- the wired world on behalf of students gether. And it is a prelude to what we ter the continued convergence of infor- across the country. can do in the future. mation, entertainment, and commu- Science is advancing rapidly and the Today, we are here to discuss S. 320, nication services on a variety of plat- challenge to the patent system of ge- the Intellectual Property and High forms and devices that will make life netics, biotechnology, and business Technology Technical Amendments more enjoyable and convenient? We method patents are daunting. Whole Act. S. 320 is a technical corrections need to encourage an open and com- new subject matter areas are being ex- bill to clean up some scrivener’s errors petitive environment in the production ploited, from patents on business meth- that have crept into the U.S. Code in and distribution of content on the ods from financial services to e-com- the patent, trademark, and copyright Internet. merce tools on the Internet. Both the laws. We, the sponsors, believe it is to As the Internet’s new digital medium complexity and the sheer volume of the benefit of smooth functioning of continues to grow, we must ensure that patent applications are expanding ex- the law to clean up the Code to make consumers are confident that person- ponentially. Recent Supreme Court de- it easier to use, and to more accurately ally identifiable information which cisions have once again posed the ques- reflect Congressional intent. they submit electronically are afforded tion of state government responsibility Specifically, the bill corrects typo- adequate levels of privacy protection. to respect and protect intellectual graphical errors such as misspellings, As consumer confidence in the security property rights. And I believe we need dropped or erroneous cross-references of their personal and financial informa- to review the Drug Price Competition or punctuation errors. It also makes tion is enhanced, Internet users will be and Patent Term Restoration Act of consistent the titles of the U.S. Patent more willing to go online, make pur- 1984 to ensure that its balanced goals chases over the Internet and generally and Trademark Office and its officers. continue to be met. It also clarifies some unclear drafting provide personal information required As many know, that act helped to in the Code on some procedural mat- by businesses and organizations over create the modern generic drug indus- ters at the USPTO, such as making it the Internet. At the same time, we try. It has been estimated that it has clear that if foreign trademark appli- must ensure that any initiatives have largely saved consumers $10 billion cants fail to designate a U.S. agent, the the least regulatory effect on the every year since 1984. It is considered growth of e-commerce and on commer- USPTO Commissioner is deemed to be one of the most important consumer cial free speech rights protected by the that agent for delivery of documents protection acts in the history of the Constitution. We expect to examine the regarding that application; and ensur- country. adequacy of Internet privacy protec- ing that no prior art effect will be As the assignment of domain names tion and will, where necessary, advance given to foreign patents or patent ap- transitions from a single company to a reforms aimed at ensuring greater pri- plications unless they are published in competitive, market-based system, we vacy protection. need to stay vigilant with regard to the English. It makes it easier for small in- For example, the Committee expects significant antitrust and intellectual ventors to sit on the USPTO Advisory to examine the following: Committee. These pro-American inven- (1) How are privacy concerns impact- property ramifications this process tor policies are codified now in the law, ing the growth of e-commerce, in the holds for American businesses and con- but not clearly drafted. This bill makes financial services industry, in the in- sumers. We intend to build on our them clearer. surance industry, in online retailing, record of strengthening protection for All of these changes make the intel- etc., and the deployment of new tech- online consumers by protecting the lectual property laws of our country nologies that could further the growth trademarks consumers rely on in easier to use and understand for our of, and consumer access to, the Inter- cyberspace, while also encouraging the constituents who invent, create, inno- net? full range of positive interactions the vate and so serve our other citizens. It (2) Does Congress need to amend Internet makes possible. I think the also makes the law clearer for those criminal or civil rights laws to address Internet can be a place of infinite vari- who use the inventions and creations of consumer electronic privacy concerns? ety while we continue to allow con- others. I believe there is no con- (3) Does U.S. encryption policy nega- sumers to rely on brand names they troversy about the provisions of this tively affect the growth of e-com- know in the e-commerce context. The bill, and it clears the way for further merce? world-wide nature of the Internet also Congressional action to foster the (4) What is the impact of the Euro- heightens the need for the United growth of our most innovative sector, pean Union’s Internet Privacy Direc- States to join international efforts to our intellectual property sector. tive on U.S. industry and e-commerce? make worldwide intellectual property S1378 CONGRESSIONAL RECORD — SENATE February 14, 2001 protection, including that of trade- Mr. LEAHY. Madam President, have in our intellectual property laws. In- marks, more efficient and effective for the yeas and nays been ordered on S. troduction and passage of this bill is a Americans. In particular, I hope we can 320? good start for this Congress, but we move ahead on the United States ac- The PRESIDING OFFICER. They must not lose sight of the other copy- cession to the Madrid Protocol. have not been. right, patent and trademark issues re- I have always maintained that proper Mr. LEAHY. I ask for the yeas and quiring our attention. The Senate Ju- and timely enforcement of federal anti- nays. diciary Committee has a full slate of trust laws can foster both competition The PRESIDING OFFICER. Is there a intellectual property matters to con- and innovation, while minimizing the sufficient second? sider. I am pleased to work on a bipar- need for government regulation. This is There is a sufficient second. tisan basis with the chairman on an an especially important paradigm for The yeas and nays were ordered. agenda to provide the creators and in- the Internet. We need to carefully Mr. LEAHY. Madam President, I ventors of copyrighted and patented think through the antitrust implica- thank my good friend from Utah for his works with the protection they may tions of Business-to-Business ex- comments. He and I have been working need in our global economy, while at changes. We also need to consider care- closely on an agenda for the coming the same time providing libraries, edu- fully what remedies should be imposed year for the Judiciary Committee. As cational institutions, and other users in cases where antitrust violations do always, the agenda will reflect not only with the clarity they need as to what occur, notwithstanding the generally the needs of the Senate, but the friend- constitutes fair use of such work. dynamic and competitive nature of ship that the two of us have had for We have to realize things have Internet-related industries. We will well over 20 years. changed. There has been a lot in the also need to review the increasing legal I congratulate Senator HATCH for his press in the past couple days about the tension in the high technology indus- continuing leadership in improving our Ninth Circuit Court of Appeals decision try between intellectual property copyright, trademark, and patent law. in Napster. I suggest that if anyone rights and antitrust laws. There has al- Our intellectual property laws are im- thinks this is the end of the whole ways been a tension here, but in the portant engines for our economy, fuel- issue, they are mistaken. Internet world, we need to be careful ing the creative energy responsible for It is clear that creators and owners that intellectual property or content America’s global leadership in the soft- of copyrighted property should have power is not leveraged into distribu- ware, movie, music, and high-tech in- their copyrights protected, and they tion power, or otherwise used in anti- dustries. should certainly be compensated for competitive ways. Furthermore, the The bill we considered today contains their artistry and their work. Internet poses new questions about the amendments recommended to us by the Those who distribute or produce competitive need to protect collections Copyright Office. I commend the Reg- copyrighted material, including mov- of data in a way that preserves incen- ister of Copyrights, Marybeth Peters, ies, music, and books, have to realize tives for the creation of databases for the expertise she brings to her of- their own business practices may well without unduly hampering the free fice and the assistance she brings to us. have to change and be a lot different. flow of information in anticompetitive At the end of my statement, I ask that Profit margins may change, depending ways. a letter from Marybeth Peters in sup- upon how it is done. Artists are not Access to new ‘‘broadband’’ tech- port of this legislation be printed in going to be beholden just to a few mega nologies is increasingly important for the RECORD. distributors. With the Internet, they full deployment and enjoyment of the (See exhibit 1.) are going to be able to work out their Internet. We will need to consider the Mr. LEAHY. Over the past years, own way of distributing their material. countervailing rights and duties of Senator HATCH and I, and others on the They are going to be able to get them- local phone companies and cable com- Judiciary Committee, have worked selves known if they want, even if it is panies, either of which may provide constructively and productively to- by distributing their music, movies, or broadband services in a local area. Spe- gether on intellectual property mat- books for free. cifically, what rights of access to ters. Just in the last Congress, we were It is a different world out there, but broadband lines should competitors able to pass the Anticybersquatting it is just one example of the kinds of have, and what right to content should Consumer Protection Act, the Patent issues we have to look at. Applying competitive distribution services have? Fee Integrity and Innovation Protec- copyright principles to new situations The Internet is a radically new me- tion Act, the Trademarks Amendments should not be done just by court-made dium not just for commerce, but also Act, the Satellite Home Viewers Im- law which is imprecise, at best, because for speech, broadcasting and adver- provements Act, and the American In- a court is limited to the factual situa- tising. As we analogize from tradi- ventors Protection Act. These signifi- tion before it rather than a full pan- tional media such as broadcasting, we cant intellectual property matters oply of circumstances, but can be done need to ask afresh what regulations were preceded by our work together here, recognizing we have a whole new make sense in this new medium, if any, forging a consensus on the Digital Mil- way of doing things. and how do we cope with different lennium Copyright Act, the Copyright I remember when I was growing up in media competing toward largely the Term Extension Act, the PTO Reau- Montpelier, VT, my parents owned a same goal, but with differing rules? thorization Act, the Trademark Law small printing business. We used either In summary Madam President, this Treaty Implementation Act, and many moveable type or hot lead type. It was non-controversial technical corrections others. We and the other members of a laborious process. One thing I learned bill clears the way for an exciting the committee have worked to ensure was not only to proofread in a hurry, agenda for the 107th Congress in the that divisive partisanship stays clear but to read upside down and backward, Judiciary Committee. I hope we can of this important area. as well as right side up and forward, be- pass this bill today, and I look forward The proof of what we in Congress can cause that is the way the letters work. to working with my colleague from accomplish when we put partisan dif- It is a matter of consternation some- Vermont on this most interesting and ferences aside, roll up our sleeves, and times. People do not realize I am read- ambitious agenda. do the hard work or crafting com- ing what is before me. In fact, I enjoy working with him. We promises is demonstrated by our record Now I look at the business, and there have worked together all these years, of legislative achievements on intellec- has been enormous change. It is less and I think maybe we can get more tual property matters. labor intensive in the setting up—it is done this year than in the past. Hope- I hope all Senators will look at what not even type anymore, now it is off- fully, we can move these agendas for- Senator HATCH and I have been able to set. It changes the whole economy, but ward in the best interest of all Ameri- do when we set aside partisan dif- opens up a whole new world, all using cans. ferences and make sure we do things different kinds of copyrighted mate- I yield the floor. that work. rial. The PRESIDING OFFICER. The Sen- This bill makes technical corrections Among the things we should look at ator from Vermont is recognized. to and various non-substantive changes is protection from State infringement. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1379 In response to the Supreme Court’s de- American businesses, and especially done so that those goals are met and cisions in the Florida Prepaid and Col- small and medium-sized companies, the programs we have established are lege Savings Bank cases, I introduced protect their trademarks as they go fully implemented. in the last Congress legislation to re- into international markets. The legis- The ninth circuit’s ruling in the store Federal protection for intellec- lation would do so by conforming Napster case on Monday highlights the tual property to guard against in- American trademark application pro- tensions between new online tools and fringement by the States. cedures to the terms of the Madrid pro- services and protection of intellectual This is a reaction to an activist U.S. tocol. property rights. In the long term, Supreme Court which held that States The Clinton administration trans- where it counts the most, both sides— and their institutions cannot be held mitted the protocol to the Senate for copyright holders and advocates for ad- liable for patent infringement and its advise and consent last year. I re- vances in new technology—can find other violations of the Federal intel- gret we did not work on it promptly. I victories in this ruling. lectual property laws, even though hope the new President will urge that Nothing should stop the genius of a those same States can and do enjoy the action because ratification by the Shawn Fanning or those who come up full protection of those laws for them- United States of this treaty would help with new online technologies like selves. create a one-stop international trade- Napster. Basically, the Supreme Court—it mark registration process, an enor- While Napster customers may not seemed to me anyway—seems to be mous benefit for American businesses. initially see it that way, the avail- willing to rewrite the rule of law with Next we have business method pat- ability of new music and other creative regard to the Constitution, certainly ents. The PTO has been subject to crit- works—and its contributions to the vi- when it comes to telling States what icism for granting patents for obvious brancy of our culture and in fueling they cannot do. We know they are not routines which implement existing our economy—depends on clearly un- hesitant to do that. The legislation I business methods. The patent reform derstood and adequately enforced copy- sponsored would condition a State’s law that Senator HATCH and I worked right protection. The Court of Appeals ability to obtain new intellectual prop- out in the last Congress addressed one has sent the case back to the district erty rights on its waiver of sovereign aspect of this matter: The prior user court to ensure that the rights of cre- immunity in future intellectual prop- defense at least protects those who pre- ators are protected and that the online erty suits. viously practiced that particular art. marketplace is just that, and not a It would also improve the limited We should hold a hearing and engage free-for-all. remedies available to enforce a the PTO in a dialog about this impor- The exponential growth of Napster nonwaiving State’s obligations under tant issue to find out what you do with has proven that the Internet works Federal law and the U.S. Constitution. initial patents. well to distribute music, but this case This is a critical area in which the Frankly, I find patenting electronic is a warning that copyrights may not Congress should act. business practices not that far removed be ignored when new online services Then we have distance education. from the situation where two com- are deployed. The Internet can and The Senate Judiciary Committee held peting hardware stores in the spring must serve the needs not only of Inter- a hearing in the last Congress on the put the seeds, the Rototillers, and net users and innovators of new tech- Copyright Office’s thorough and bal- whatnot out front and in the winter nologies, but also of artists, song- anced report on copyright and digital put the snowblowers out front. Should writers, performers and copyright hold- one be allowed to patent that process distance education, something that can ers. The Judiciary Committee should so in the summer its competitor would be very important to those of us from examine this issue closely to ensure have to have its snowblowers out front rural States where there may be small that our laws are working well to meet and could not put out lawn items? I schools. all these needs. While the distinguished Presiding Of- think not. That is what we are looking Last Congress I introduced the Drug at, except now in a digital age. ficer has metropolitan areas in her Competition Act of 2000, S. 2993, to give The Organization for Economic Co- State, she also has very rural areas. the Justice Department and the FTC operation and Development criticized Schools in rural areas may not be able the PTO for granting overly broad bio- the information they need to prevent to hire the top math teacher, the top technology patent protections. This anticompetitive practices which delay language teacher, or the top science area, as well as the international pro- the availability of low-cost generic pre- teacher, even though all these may be tection of patent rights, warrants ex- scription drugs. I intend to re-intro- needed, but three or four of them to- amination and careful monitoring. duce this bill soon and work with my gether can do so if they are connected Then we have the issue of rural sat- colleagues to enact it this year to help in such a way that they can utilize ellite television and Internet service. It assure that the availability of lower this. is important to the State of Vermont. cost prescription drugs. We need to address legislative rec- It is important to every rural commu- I noted upon passage of the Digital ommendations outlined in the Copy- nity. It is certainly important to mine. Millennium Copyright Act in 1998 that right Office’s report to ensure our laws I live in a house where I cannot get any there was not enough time before the permit the appropriate use of copy- television. I used to joke that I would end of that Congress to give due con- righted works in valid distance learn- get one and a quarter. I do not even get sideration to the issue of database pro- ing activities. I know Senator HATCH the quarter anymore. I cannot get any- tection, and that I hoped the Senate shares my goal for the schools in this thing, but I can if I have satellite tele- Judiciary Committee would hold hear- country, particularly in rural areas. vision, and I can get my Internet serv- ings and consider database protection We can use this technology to maxi- ice the same way. Senator HATCH and I legislation. Despite the passage of mize the educational experiences of our worked together to address this issue time, the Judiciary Committee has not children. in the major Satellite Home Viewers yet held hearings on this issue. It is an important area for the Judi- Law passed last Congress. I support legal protection against ciary Committee to examine. Not ev- We authorized a rural loan guarantee commercial misappropriation of collec- erybody comes from large schools. I program to help facilitate deployment tions of information, but am sensitive had about 30 in my high school grad- in rural areas. That law included a pri- to the concerns raised by the libraries, uating class. Interestingly, every 4 ority for loans that offered financing certain educational institutions, and years, all 500 of those 30 students show for high-speed Internet access. That is the scientific community. This is a up at my door saying they were a high a great tool in eliminating the digital complex and important matter that I school classmate; could they please divide between urban and rural Amer- look forward to considering in this have a ticket to the Presidential inau- ica. Congress. guration. So we want to make sure that gets Product identification codes provide We have the Madrid Protocol Imple- done and done right. a means for manufacturers to track mentation Act. I introduced legislation The job of this Congress is to ensure their goods, which can be important to in the last two Congresses to help that the administration gets the job protect consumers in case of defective, S1380 CONGRESSIONAL RECORD — SENATE February 14, 2001 tainted, or harmful products and to im- EXHIBIT 1 year. But these offerings have been plement product recalls. Defacing, re- REGISTER OF COPYRIGHTS, slow in coming and have not been moving, or tampering with product LIBRARY OF CONGRESS, broadly deployed as of yet. I hope de- identification codes can thwart these Washington, DC, February 12, 2001. ployment will be speeded up to meet Hon. PATRICK J. LEAHY, tracking efforts, with potential safety the unsatisfied demand that may be U.S. Senate, Committee on the Judiciary, caused by interruptions in Napster consequences for American consumers. Washington, DC. We should examine the scope of, and DEAR SENATOR LEAHY: I understand that service as the litigation continues legislative solutions to remedy, this you will be sponsoring legislation in this through trial on the merits and ap- problem. Congress that will incorporate last year’s peals. proposed Copyright Technical Corrections I am longtime advocate of strong in- Senator HATCH and I worked together Act of 2000, H.R. 5106. tellectual property laws. There is to pass cybersquatting legislation in The Copyright Office proposed the tech- something in our legal system called the last Congress to protect registered nical corrections that were included in H.R. copyright, and the principle underlying trademarks online. This is an issue 5106 to address some minor drafting errors in the Intellectual Property and Communica- copyright is a sound one. I believe that that has concerned me since the Con- tions Omnibus Reform Act of 1999 and to cor- artists Must be compensated for their gress passed the Federal Trademark rect some other technical discrepancies in creativity. And I believe that Napster Dilution Act of 1995, when I expressed Title 17. None of these proposed corrections as it currently operates, threatens this my hope that the new law would ‘‘help are substantive. principle. I authored Digital Millen- stem the use of deceptive Internet ad- I believe that it is important that the pro- nium Copyright Act, which has ensured visions of Title 17 be clear, and therefore I that, as a general matter, copyright dresses taken by those who are choos- thank you for your leadership on this legis- ing marks that are associated with the lation and hope that you will be successful in law should apply to the Internet. I am products and reputations of others.’’ obtaining its passage. proud of my work in furtherance of (CONGRESSIONAL RECORD, December 29, Sincerely, that Act. I have mentioned Senator 1995, page S19312). MARYBETH PETERS, LEAHY in particular, and there others Register of Copyrights. as well. The Internet Corporation for As- Mr. HATCH. Madam President, how Yet, I also believe that the com- signed Names and Numbers (I–CANN) much time remains? pensation principle underlying copy- has recently added new top-level do- The PRESIDING OFFICER. The Sen- right can coexist—and has in fact coex- main names and is negotiating con- ator from Utah has 15 minutes 18 sec- isted—with society’s evolving tech- tracts with the new registries. Senator onds. nologies for generations. And, in each HATCH and I followed these develop- Mr. HATCH. Madam President, I will case this coexistence has benefited ments closely and together wrote to tell everybody I do not intend to use both the copyright owner and the con- then Secretary of Commerce Norman that whole time. I will use part of it. sumer, in what you might call an ex- Mineta on December 15, 2000, for the THE NINTH CIRCUIT DECISION IN THE NAPSTER pansion of the pie, in other words. Commerce Department’s assurances CASE So let’s turn to the present con- that the introduction of the new TLDs Mr. HATCH. Madam President, I troversy. It might be helpful to review be achieved in a manner that mini- would like to take a few moments some facts. In the span of about one mizes the abuses of trademark rights. while we are on the subject of copy- and a half years, Napster has seen its right law to address the Ninth Circuit client software downloaded more than The Judiciary Committee has an im- Court of Appeals’ long-awaited decision 62 million times. Over 8 million people portant oversight role to play in this in the Napster case. I have been consid- a day log onto the Napster service. At area. ering the opinion for the last few days, any one time there may be as many as We also will need to pay careful at- and it may be some time before all of 1.7 million people simultaneously using tention to the increasing consolidation us grasp its full implications. I believe the service. It is, quite simply, a vir- in the airline, telecommunications, pe- the Judiciary Committee will need to tual community of unprecedented troleum, electric, agriculture, and hold hearings on the decision’s possible reach and scale. It is the most popular other sectors of the economy to ensure implications and to get an update on application in the history of the Inter- that consumers are protected from developments in the online music mar- net and, I have to say, in the history of anticompetitive practices. The Judici- ket. I will consult with my ranking music. ary Committee has already held one member and other interested parties, It is also free and, unfortunately, ac- hearing on airline consolidation in this and will likely look into the matter in cording to the court, it is probably fa- Congress and I stand ready to work the coming weeks. cilitating copyright infringement. The As I have considered the case over with my colleagues on legislation to major labels, which account for over 80 the last couple of days, I have been percent of the CD’s sold in this coun- address competition problems. troubled by the possible practical prob- try, is rightly shaken by the Napster I have already joined with the Demo- lems that may arise from this decision. phenomenon. Although the industry cratic leader and several of my col- I am troubled as a strong supporter and saw its sales increase by 4.4 percent in leagues on the Securing a Future for prime author of much of our copyright the year 2000, it believes it would have Independent Agriculture Act, S. 20, to law and intellectual property rights. sold more CD’s had it not been for address the growing serious problem of By ordering the lower court to im- Napster. And the district court and consolidation in the agriculture proc- pose a preliminary injunction—before a Court of Appeals agreed with them. essing sector. In addition, we need to trial on the merits, mind you—on this The labels have, as is their right under carefully monitor international efforts service that had developed a commu- the laws—many of which I have au- to harmonize competition law to en- nity of over 50 million music fans, it thored—pursued legal redress through sure that American companies and con- could have the effect of shutting down out judicial system. Were I in their sumers are fairly treated and that our Napster entirely, depriving more than shoes, I question whether I would have antitrust policies are not weakened. 50 million consumers access to a music taken a different course of action. service they have enjoyed. The Napster Now the parties have brought their This bill represents a good start on community represents a huge con- dispute to the point where the erosion the work before the Senate Judiciary sumer demand for the kind of online of the copyright laws might be the Committee to update American intel- music services Napster, rightly or frightening outcome. lectual property law to ensure that it wrongly, has offered and, to date, the I am particularly troubled because, if serves to advance and protect Amer- major record labels have been unable the popular Napster service, which has ican interests both here and abroad. to satisfy. Now, I understand that the a relationship with one of the major The list of addititional copyright, pat- labels have been working hard to get record companies, Bertelsmann, is shut ent, and trademark issues that require offerings online, and I have seen some down, and no licensed online services our attention shows that we have a lot projects beginning recently. I have exist to fill this consumer demand, I more work to do. been promised consumer roll-outs this fear that this consumer demand will be February 14, 2001 CONGRESSIONAL RECORD — SENATE S1381 filled by Napster clones, particularly I think working together in the mar- Smith (NH) Stevens Voinovich Smith (OR) Thomas Warner ones like Gnutella or Freenet, which ketplace cooperatively will lead to the Snowe Thompson Wellstone have no central server, and no central best result for all parties, the record Specter Thurmond Wyden business office with which to negotiate labels, the online music services, the Stabenow Torricelli a marketplace licensing arrangement. artists and the music fans. I hope the NOT VOTING—2 Such a development would further un- focus will be on the latter two. After Bunning Crapo dermine the position of copyright law all, without artists, there is nothing to online, and the position of artists in convey, and without the fans, there is The bill (S. 320) was passed, as fol- the new digital world that the Internet no one to convey it to. I think keeping lows: is developing. the focus on the artists and the audi- S. 320 Furthermore, if past experience is ence can help the technologists and the Be it enacted by the Senate and House of Rep- any indication, I would expect that my copyright industries find a way for all resentatives of the United States of America in colleagues, like me, will be contacted to flourish. And I hope this oppor- Congress assembled, by the over 50 million Napster fans who tunity is taken before it is lost. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Intellectual oppose the injunction and fear the de- I hope this opportunity is taken be- mise of Napster. This may prompt a Property and High Technology Technical fore it is lost. I wanted to make these Amendments Act of 2001’’. legislative response. I know that people remarks on the floor, and I hope we can in Congress are weighing various legis- SEC. 2. OFFICERS AND EMPLOYEES. resolve these problems in a way that (a) RENAMING OF OFFICERS.—(1) Title 35, lative solutions, some intriguing, some benefits artists, consumers, publishers, United States Code, is amended— troubling and counter to the pubic in- and others who are interested in this (A) by striking ‘‘Director’’ each place it ap- terest. matter. I think if we get together and pears and inserting ‘‘Commissioner’’; and Some of these responses could strike work this out, it will be in the best in- (B) by striking ‘‘Director’s’’ each place it the important intellectual property terests of everybody. appears and inserting ‘‘Commissioner’s’’. rights of artists and copyright owners (2) The Act of July 5, 1946 (commonly re- I am prepared to yield my time. online entirely, undoing the carefully ferred to as the ‘‘Trademark Act of 1946’’; 15 Mr. LEAHY. Madam President, I balanced development I have tried to U.S.C. 1051 et seq.) is amended by striking foster over the years, and possibly yield whatever time remains. ‘‘Director’’ each place it appears and insert- harming consumers as well as creators Mr. HATCH. I yield my time as well. ing ‘‘Commissioner’’. We can proceed. (3)(A) Title 35, United States Code, is in the long run. amended by striking ‘‘Commissioner for Pat- I guess my feeling about this Ninth The PRESIDING OFFICER. The question is on the engrossment and ents’’ each place it appears and inserting Circuit decision is a gnawing concern ‘‘Assistant Commissioner for Patents’’. that this legal victory for the record third reading of the bill. (B) Section 3(b)(2) of title 35, United States labels may prove pyrrhic or short- The bill was ordered to be engrossed Code, is amended— sighted from a policy perspective. for a third reading and was read the (i) in the paragraph heading, by striking Some have suggested that the labels third time. ‘‘COMMISSIONERS’’ and inserting ‘‘ASSISTANT merely wished to establish a legal The PRESIDING OFFICER (Mr. COMMISSIONERS’’; precedent and then would be willing to THOMPSON). The bill having been read (ii) in subparagraph (A), in the last sen- work on negotiating licenses. Well, it for the third time, the question is, tence— seems to me that now might be a good Shall the bill pass? The yeas and nays (I) by striking ‘‘a Commissioner’’ and in- serting ‘‘an Assistant Commissioner’’; and time to get those deals done, for the have been ordered, and the clerk will (II) by striking ‘‘the Commissioner’’ and good of music fans, and for the good of call the roll. inserting ‘‘the Assistant Commissioner’’; the copyright industries and the artists The legislative clerk called the roll. (iii) in subparagraph (B)— they represent. Mr. NICKLES. I announce that the (I) by striking ‘‘Commissioners’’ each place I have long been an advocate for Senator from Kentucky (Mr. BUNNING it appears and inserting ‘‘Assistant Commis- strong intellectual property rights pro- and the Senator from Idaho (Mr. sioners’’; tection and enforcement. I have urged CRAPO) are necessarily absent. (II) by striking ‘‘Commissioners’’’ each the labels and composers and pub- I further announce that, if present place it appears and inserting ‘‘Assistant Commissioners’’’; and lishers working out synergistic ar- and voting, the Senator from Kentucky rangements with online music distribu- (iv) in subparagraph (C), by striking ‘‘Com- (Mr. BUNNING) would vote ‘‘yea.’’ missioners’’ and inserting ‘‘Assistant Com- tors and Internet technologist that will The PRESIDING OFFICER. Are there missioners’’. serve the artists and their audience. any other Senators in the Chamber de- (C) Section 3(f) of title 35, United States Such synergy is possible. I was pleased siring to vote? Code, is amended in paragraphs (2) and (3), when Bertelsmann took the initiative The result was announced—yeas 98, by striking ‘‘the Commissioner’’ each place in harnessing the consumer demand nays 0, as follows: it appears and inserting ‘‘the Assistant Com- evidenced by Napster and decided to missioner’’. [Rollcall Vote No. 12 Leg.] work cooperatively together to develop (D) Section 13 of title 35, United States a service that would benefit both of YEAS—98 Code, is amended— (i) by striking ‘‘Commissioner of’’ each them and those they seek to serve, the Akaka DeWine Kerry Allard Dodd Kohl place it appears and inserting ‘‘Assistant artists and music fans. I again urge the Allen Domenici Kyl Commissioner for’’; and other major music industry players to Baucus Dorgan Landrieu (ii) by striking ‘‘Commissioners’’ and in- take significant steps toward this end, Bayh Durbin Leahy serting ‘‘Assistant Commissioners’’. and again, I think now is a good time Bennett Edwards Levin (E) Chapter 17 of title 35, United States Biden Ensign Lieberman Code, is amended by striking ‘‘Commissioner to do it. I have recently discussed my Bingaman Enzi Lincoln views with some of the interested par- Bond Feingold Lott of Patents’’ each place it appears and insert- ties, and I believe there is some inter- Boxer Feinstein Lugar ing ‘‘Assistant Commissioner for Patents’’. (F) Section 297 of title 35, United States est in working this out for the benefit Breaux Fitzgerald McCain Brownback Frist McConnell Code, is amended by striking ‘‘Commissioner of all parties, including consumers and Burns Graham Mikulski of Patents’’ each place it appears and insert- creators. I stand ready, willing and Byrd Gramm Miller ing ‘‘Commissioner’’. able to try to help them in this matter. Campbell Grassley Murkowski (4) Title 35, United States Code, is amended Cantwell Gregg Murray Last July, the Committee held its Carnahan Hagel Nelson (FL) by striking ‘‘Commissioner for Trademarks’’ first of two hearings on the subject. At Carper Harkin Nelson (NE) each place it appears and inserting ‘‘Assist- this hearing, I was joined by my col- Chafee Hatch Nickles ant Commissioner for Trademarks’’. league and friend, the distinguished Cleland Helms Reed (5) Section 5314 of title 5, United States Clinton Hollings Reid Code, is amended by striking ranking member and former chairman Cochran Hutchinson Roberts of the Judiciary Committee, Senator ‘‘Under Secretary of Commerce for Intel- Collins Hutchison Rockefeller lectual Property and Director of the United Conrad Inhofe Santorum LEAHY. The two of us encouraged a States Patent and Trademark Office.’’ marketplace resolution to the Napster, Corzine Inouye Sarbanes Craig Jeffords Schumer and inserting and the other, digital music controver- Daschle Johnson Sessions ‘‘Under Secretary of Commerce for Intel- sies. Dayton Kennedy Shelby lectual Property and Commissioner of the S1382 CONGRESSIONAL RECORD — SENATE February 14, 2001 United States Patent and Trademark Of- fice shall send to the third-party requester a SEC. 6. DOMESTIC PUBLICATION OF PATENT AP- fice.’’. copy’’; and PLICATIONS PUBLISHED ABROAD. (6)(A) Section 303 of title 35, United States (C) by redesignating paragraph (3) as para- Subtitle E of title IV of the Intellectual Code, is amended— graph (2). Property and Communications Omnibus Re- (i) in the section heading by striking ‘‘Di- (4) Section 315(c) is amended by striking form Act of 1999, as enacted by section rector ’’ and inserting ‘‘Commissioner’’; and ‘‘United States Code,’’. 1000(a)(9) of Public Law 106–113, is amended (ii) by striking ‘‘Director’s’’ and inserting (5) Section 317 is amended— as follows: ‘‘Commissioner’s’’. (A) in subsection (a), by striking ‘‘patent (1) Section 4505 is amended to read as fol- (B) The item relating to section 303 in the owner nor the third-party requester, if any, lows: table of sections for chapter 30 of title 35, nor privies of either’’ and inserting ‘‘third- ‘‘SEC. 4505. PRIOR ART EFFECT OF PUBLISHED United States Code, is amended by striking party requester nor its privies’’; and APPLICATIONS. ‘‘Director’’ and inserting ‘‘Commissioner’’. (B) in subsection (b), by striking ‘‘United ‘‘Section 102(e) of title 35, United States (b) ADDITIONAL CLERICAL AMENDMENTS.— States Code,’’. Code, is amended to read as follows: (1) The following provisions of law are ‘‘ ‘(e) the invention was described in (1) an (b) CONFORMING AMENDMENTS.— amended by striking ‘‘Director’’ each place application for patent, published under sec- (1) APPEAL TO THE BOARD OF PATENT AP- it appears and inserting ‘‘Commissioner’’. tion 122(b), by another filed in the United PEALS AND INTERFERENCES.—Subsections (a), States before the invention by the applicant (A) Section 9(p)(1)(B) of the Small Business (b), and (c) of section 134 of title 35, United for patent or (2) a patent granted on an ap- Act (15 U.S.C. 638(p)(1)(B). States Code, are each amended by striking plication for patent by another filed in the (B) Section 19 of the Tennessee Valley Au- ‘‘administrative patent judge’’ each place it United States before the invention by the ap- thority Act of 1933 (16 U.S.C. 831r). appears and inserting ‘‘primary examiner’’. (C) Section 182(b)(2)(A) of the Trade Act of plicant for patent, except that an inter- (2) PROCEEDING ON APPEAL.—Section 143 of national application filed under the treaty 1974 (19 U.S.C. 2242(b)(2)(A)). title 35, United States Code, is amended by (D) Section 302(b)(2)(D) of the Trade Act of defined in section 351(a) shall have the ef- amending the third sentence to read as fol- fects for the purposes of this subsection of an 1974 (19 U.S.C. 2412(b)(2)(D)). lows: ‘‘In an ex parte case or any reexamina- (E) Section 702(d) of the Federal Food, application filed in the United States if and tion case, the Commissioner shall submit to only if the international application des- Drug, and Cosmetic Act (21 U.S.C. 372(d)). the court in writing the grounds for the deci- (F) Section 1295(a)(4)(B) of title 28, United ignated the United States and was published sion of the Patent and Trademark Office, ad- under Article 21(2) of such treaty in the States Code. dressing all the issues involved in the appeal. (G) Section 1744 of title 28, United States English language; or’’’. The court shall, before hearing an appeal, (2) Section 4507 is amended— Code. give notice of the time and place of the hear- (H) Section 151 of the Atomic Energy Act (A) in paragraph (1), by striking ‘‘Section ing to the Commissioner and the parties in 11’’ and inserting ‘‘Section 10’’; of 1954 (42 U.S.C. 2181). the appeal.’’. (I) Section 152 of the Atomic Energy Act of (B) in paragraph (2), by striking ‘‘Section (c) CLERICAL AMENDMENTS.— 12’’ and inserting ‘‘Section 11’’. 1954 (42 U.S.C. 2182). (1) Section 4604(a) of the Intellectual Prop- (J) Section 305 of the National Aeronautics (C) in paragraph (3), by striking ‘‘Section erty and Communications Omnibus Reform 13’’ and inserting ‘‘Section 12’’; and Space Act of 1958 (42 U.S.C. 2457). Act of 1999, is amended by striking ‘‘Part 3’’ (K) Section 12(a) of the Solar Heating and (D) in paragraph (4), by striking ‘‘12 and and inserting ‘‘Part III’’. 13’’ and inserting ‘‘11 and 12’’; Cooling Demonstration Act of 1974 (42 U.S.C. (2) Section 4604(b) of that Act is amended 5510(a)). (E) in section 374 of title 35, United States by striking ‘‘title 25’’ and inserting ‘‘title Code, as amended by paragraph (10), by strik- (L) Section 10(i) of the Trading with the 35’’. enemy Act (50 U.S.C. App. 10(i)). ing ‘‘confer the same rights and shall have (d) EFFECTIVE DATE.—The amendments (M) Section 4203 of the Intellectual Prop- the same effect under this title as an appli- made by sections 4605(c) and 4605(e) of the In- cation for patent published’’ and inserting erty and Communications Omnibus Reform tellectual Property and Communications Act of 1999, as enacted by section 1000(a)(9) of ‘‘be deemed a publication’’; and Omnibus Reform Act, as enacted by section (F) by adding at the end the following: Public Law 106–113. 1000(a)(9) of Public Law 106–113, shall apply (2) The item relating to section 1744 in the ‘‘(12) The item relating to section 374 in to any reexamination filed in the United the table of contents for chapter 37 of title table of sections for chapter 115 of title 28, States Patent and Trademark Office on or United States Code, is amended by striking 35, United States Code, is amended to read as after the date of the enactment of Public follows: ‘‘generally’’ and inserting ‘‘, generally’’. Law 106–113. (c) REFERENCES.—Any reference in any ‘‘374. Publication of international applica- other Federal law, Executive order, rule, reg- SEC. 4. PATENT AND TRADEMARK EFFICIENCY tion.’’. ulation, or delegation of authority, or any ACT AMENDMENTS. (3) Section 4508 is amended to read as fol- document of or pertaining to the Patent and (a) DEPUTY COMMISSIONER.— lows: Trademark Office— (1) Section 17(b) of the Act of July 5, 1946 ‘‘SEC. 4508. EFFECTIVE DATE. (1) to the Director of the United States (commonly referred to as the ‘‘Trademark ‘‘Except as otherwise provided in this sec- Patent and Trademark Office or to the Com- Act of 1946’’) (15 U.S.C. 1067(b)), is amended tion, sections 4502 through 4507, and the missioner of Patents and Trademarks is by inserting ‘‘the Deputy Commissioner,’’ amendments made by such sections, shall deemed to refer to the Under Secretary of after ‘‘Commissioner,’’. take effect on November 29, 2000, and shall Commerce for Intellectual Property and (2) Section 6(a) of title 35, United States apply only to applications (including inter- Commissioner of the United States Patent Code, is amended by inserting ‘‘the Deputy national applications designating the United and Trademark Office; Commissioner,’’ after ‘‘Commissioner,’’. States) filed on or after that date. The (2) to the Commissioner for Patents is (b) PUBLIC ADVISORY COMMITTEES.—Section amendments made by sections 4504 and 4505 deemed to refer to the Assistant Commis- 5 of title 35, United States Code, is amend- shall additionally apply to any pending ap- sioner for Patents; and ed— plication filed before November 29, 2000, if (3) to the Commissioner for Trademarks is (1) in subsection (i), by inserting ‘‘, privi- such pending application is published pursu- deemed to refer to the Assistant Commis- leged,’’ after ‘‘personnel’’; and ant to a request of the applicant under such sioner for Trademarks. (2) by adding at the end the following new procedures as may be established by the SEC. 3. CLARIFICATION OF REEXAMINATION PRO- subsection: Commissioner. If an application is filed on or CEDURE ACT OF 1999; TECHNICAL ‘‘(j) INAPPLICABILITY OF PATENT PROHIBI- after November 29, 2000, or is published pur- AMENDMENTS. TION.—Section 4 shall not apply to voting suant to a request from the applicant, and (a) OPTIONAL INTER PARTES REEXAMINATION members of the Advisory Committees.’’. the application claims the benefit of one or PROCEDURES.—Title 35, United States Code, (c) MISCELLANEOUS.—Section 153 of title 35, more prior-filed applications under section is amended as follows: United States Code, is amended by striking 119(e), 120, or 365(c) of title 35, United States (1) Section 311 is amended— ‘‘and attested by an officer of the Patent and Code, then the amendment made by section (A) in subsection (a), by striking ‘‘person’’ Trademark Office designated by the Commis- 4505 shall apply to the prior-filed application and inserting ‘‘third-party requester’’; and sioner,’’. in determining the filing date in the United (B) in subsection (c), by striking ‘‘Unless SEC. 5. DOMESTIC PUBLICATION OF FOREIGN States of the application.’’. the requesting person is the owner of the FILED PATENT APPLICATIONS ACT SEC. 7. MISCELLANEOUS CLERICAL AMEND- patent, the’’ and inserting ‘‘The’’. OF 1999 AMENDMENTS. MENTS. (2) Section 312 is amended— Section 154(d)(4)(A) of title 35, United (a) AMENDMENTS TO TITLE 35.—The fol- (A) in subsection (a), by striking the last States Code, as in effect on November 29, lowing provisions of title 35, United States sentence; and 2000, is amended— Code, are amended: (B) by striking ‘‘, if any’’. (1) by striking ‘‘on which the Patent and (1) Section 2(b) is amended in paragraphs (3) Section 314(b)(1) is amended— Trademark Office receives a copy of the’’ and (2)(B) and (4)(B), by striking ‘‘, United States (A) by striking ‘‘(1) This’’ and all that fol- inserting ‘‘of’’; and Code’’. lows through ‘‘(2)’’ and inserting ‘‘(1)’’; (2) by striking ‘‘international application’’ (2) Section 3 is amended— (B) by striking ‘‘the third-party requester the last place it appears and inserting ‘‘pub- (A) in subsection (a)(2)(B), by striking shall receive a copy’’ and inserting ‘‘the Of- lication’’. ‘‘United States Code,’’; February 14, 2001 CONGRESSIONAL RECORD — SENATE S1383 (B) in subsection (b)(2)— (ii) in paragraph (20) by striking ‘‘178(j)’’ designation so filed. If the person so des- (i) in the first sentence of subparagraph and inserting ‘‘178j’’; and ignated cannot be found at the address given (A), by striking ‘‘, United States Code’’; (B) in subsection (c)— in the last designation, or if the registrant (ii) in the first sentence of subparagraph (i) by striking ‘‘paragraph 202(c)(4)’’ and in- does not designate by a document filed in the (B)— serting ‘‘section 202(c)(4)’’; and United States Patent and Trademark Office (I) by striking ‘‘United States Code,’’; and (ii) by striking ‘‘title..’’ and inserting the name and address of a person resident in (II) by striking ‘‘, United States Code’’; ‘‘title.’’. the United States on whom may be served (iii) in the second sentence of subparagraph (17) The item relating to chapter 29 in the notices or process in proceedings affecting (B)— table of chapters for part III is amended by the mark, such notices or process may be (I) by striking ‘‘United States Code,’’; and inserting a comma after ‘‘Patent’’. served on the Commissioner.’’; (II) by striking ‘‘, United States Code.’’ and (18) The item relating to section 256 in the (3) Section 8(f) (15 U.S.C. 1058(f)) is amend- inserting a period; table of contents for chapter 25 is amended ed to read as follows: (iv) in the last sentence of subparagraph to read as follows: ‘‘(f) If the registrant is not domiciled in (B), by striking ‘‘, United States Code’’; and ‘‘256. Correction of named inventor.’’. the United States, the registrant may des- (v) in subparagraph (C), by striking ‘‘, (19) Section 294 is amended— ignate, by a document filed in the United States Patent and Trademark Office, the United States Code’’; and (A) in subsection (b), by striking ‘‘United name and address of a person resident in the (C) in subsection (c)— States Code,’’; and United States on whom may be served no- (i) in the subsection caption, by striking ‘‘, (B) in subsection (c), in the second sen- tices or process in proceedings affecting the UNITED STATES CODE’’; and tence by striking ‘‘court to’’ and inserting mark. Such notices or process may be served (ii) by striking ‘‘United States Code,’’. ‘‘court of’’. upon the person so designated by leaving (3) Section 5 is amended in subsections (e) (20)(A) The item relating to section 374 in with that person or mailing to that person a and (g), by striking ‘‘, United States Code’’ the table of contents for chapter 37 is amend- copy thereof at the address specified in the each place it appears. ed to read as follows: last designation so filed. If the person so des- (4) The table of chapters for part I is ‘‘374. Publication of international applica- amended in the item relating to chapter 3, ignated cannot be found at the address given tion.’’. in the last designation, or if the registrant by striking ‘‘before’’ and inserting ‘‘Before’’. (B) The amendment made by subparagraph (5) The item relating to section 21 in the does not designate by a document filed in the (A) shall take effect on November 29, 2000. United States Patent and Trademark Office table of contents for chapter 2 is amended to (21) Section 371(b) is amended by adding at read as follows: the name and address of a person resident in the end a period. the United States on whom may be served ‘‘21. Filing date and day for taking action.’’. (22) Section 371(d) is amended by adding at notices or process in proceedings affecting (6) The item relating to chapter 12 in the the end a period. the mark, such notices or process may be table of chapters for part II is amended to (23) Paragraphs (1), (2), and (3) of section served on the Commissioner.’’; read as follows: 376(a) are each amended by striking the (4) Section 9(c) (15 U.S.C. 1059(c)) is amend- semicolon and inserting a period. ‘‘12. Examination of Application ...... 131’’. ed to read as follows: (b) OTHER AMENDMENTS.— (7) The item relating to section 116 in the ‘‘(c) If the registrant is not domiciled in (1) Section 4732(a) of the Intellectual Prop- table of contents for chapter 11 is amended the United States the registrant may des- erty and Communications Omnibus Reform to read as follows: ignate, by a document filed in the United Act of 1999 is amended— States Patent and Trademark Office, the ‘‘116. Inventors.’’. (A) in paragraph (9)(A)(ii), by inserting ‘‘in name and address of a person resident in the (8) Section 154(b)(4) is amended by striking subsection (b),’’ after ‘‘(ii)’’; and United States on whom may be served no- ‘‘, United States Code,’’. (B) in paragraph (10)(A), by inserting after tices or process in proceedings affecting the (9) Section 156 is amended— ‘‘title 35, United States Code,’’ the following: mark. Such notices or process may be served (A) in subsection (b)(3)(B), by striking ‘‘other than sections 1 through 6 (as amended upon the person so designated by leaving ‘‘paragraphs’’ and inserting ‘‘paragraph’’; by chapter 1 of this subtitle),’’. with that person or mailing to that person a (B) in subsection (d)(2)(B)(i), by striking (2) Section 4802(1) of that Act is amended copy thereof at the address specified in the ‘‘below the office’’ and inserting ‘‘below the by inserting ‘‘to’’ before ‘‘citizens’’. last designation so filed. If the person so des- Office’’; and (3) Section 4804 of that Act is amended— ignated cannot be found at the address given (C) in subsection (g)(6)(B)(iii), by striking (A) in subsection (b), by striking ‘‘11(a)’’ in the last designation, or if the registrant ‘‘submittted’’ and inserting ‘‘submitted’’. and inserting ‘‘10(a)’’; and does not designate by a document filed in the (10) The item relating to section 183 in the (B) in subsection (c), by striking ‘‘13’’ and United States Patent and Trademark Office table of contents for chapter 17 is amended inserting ‘‘12’’. the name and address of a person resident in by striking ‘‘of’’ and inserting ‘‘to’’. (4) Section 4402(b)(1) of that Act is amend- the United States on whom may be served (11) Section 185 is amended by striking the ed by striking ‘‘in the fourth paragraph’’. notices or process in proceedings affecting second period at the end of the section. SEC. 8. TECHNICAL CORRECTIONS IN TRADE- the mark, such notices or process may be (12) Section 201(a) is amended— MARK LAW. served on the Commissioner.’’; (A) by striking ‘‘United States Code,’’; and (a) AWARD OF DAMAGES.—Section 35(a) of (5) Subsections (a) and (b) of section 10 (15 (B) by striking ‘‘5, United States Code.’’ the Act of July 5, 1946 (commonly referred to U.S.C. 1060(a) and (b)) are amended to read as and inserting ‘‘5.’’. as the ‘‘Trademark Act of 1946’’) (15 U.S.C. follows: (13) Section 202 is amended— 1117(a)), is amended by striking ‘‘a violation ‘‘(a)(1) A registered mark or a mark for (A) in subsection (b)(4), by striking ‘‘last under section 43(a), (c), or (d),’’ and inserting which an application to register has been paragraph of section 203(2)’’ and inserting ‘‘a violation under section 43(a) or (d),’’. filed shall be assignable with the good will of ‘‘section 203(b)’’; and (b) ADDITIONAL TECHNICAL AMENDMENTS.— the business in which the mark is used, or (B) in subsection (c)— The Trademark Act of 1946 is further amend- with that part of the good will of the busi- (i) in paragraph (4) by striking ‘‘rights;’’ ed as follows: ness connected with the use of and symbol- and inserting ‘‘rights,’’; and (1) Section 1(d)(1) (15 U.S.C. 1051(d)(1)) is ized by the mark. Notwithstanding the pre- (ii) in paragraph (5) by striking ‘‘of the amended in the first sentence by striking ceding sentence, no application to register a United States Code’’. ‘‘specifying the date of the applicant’s first mark under section 1(b) shall be assignable (14) Section 203 is amended— use’’ and all that follows through the end of prior to the filing of an amendment under (A) in paragraph (2)— the sentence and inserting ‘‘specifying the section 1(c) to bring the application into con- (i) by striking ‘‘(2)’’ and inserting ‘‘(b)’’; date of the applicant’s first use of the mark formity with section 1(a) or the filing of the (ii) by striking the quotation marks and in commerce and those goods or services verified statement of use under section 1(d), comma before ‘‘as appropriate’’; and specified in the notice of allowance on or in except for an assignment to a successor to (iii) by striking ‘‘paragraphs (a) and (c)’’ connection with which the mark is used in the business of the applicant, or portion and inserting ‘‘paragraphs (1) and (3) of sub- commerce.’’. thereof, to which the mark pertains, if that section (a)’’; and (2) Section 1(e) (15 U.S.C. 1051(e)) is amend- business is ongoing and existing. (B) in the first paragraph— ed to read as follows: ‘‘(2) In any assignment authorized by this (i) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and (d)’’ ‘‘(e) If the applicant is not domiciled in the section, it shall not be necessary to include and inserting ‘‘(1)’’, ‘‘(2)’’, ‘‘(3)’’, and (4)’’, re- United States the applicant may designate, the good will of the business connected with spectively; and by a document filed in the United States the use of and symbolized by any other mark (ii) by striking ‘‘(1.’’ and inserting ‘‘(a)’’. Patent and Trademark Office, the name and used in the business or by the name or style (15) Section 209 is amended in subsections address of a person resident in the United under which the business is conducted. (a) and (f)(1), by striking ‘‘of the United States on whom may be served notices or ‘‘(3) Assignments shall be by instruments States Code’’. process in proceedings affecting the mark. in writing duly executed. Acknowledgment (16) Section 210 is amended— Such notices or process may be served upon shall be prima facie evidence of the execu- (A) in subsection (a)— the person so designated by leaving with tion of an assignment, and when the pre- (i) in paragraph (11), by striking ‘‘5901’’ and that person or mailing to that person a copy scribed information reporting the assign- inserting ‘‘5908’’; and thereof at the address specified in the last ment is recorded in the United States Patent S1384 CONGRESSIONAL RECORD — SENATE February 14, 2001 and Trademark Office, the record shall be (2) Section 1006(b) is amended by striking (B) in subparagraph (B)— prima facie evidence of execution. ‘‘119(b)(1)(B)(iii)’’ and inserting (i) by striking ‘‘(B) the’’ and inserting ‘‘(B) ‘‘(4) An assignment shall be void against ‘‘119(b)(1)(B)(ii)’’. The’’; and any subsequent purchaser for valuable con- (3)(A) Section 1006(a) is amended— (ii) by striking the semicolon at the end sideration without notice, unless the pre- (i) in paragraph (1), by adding ‘‘and’’ after and inserting a period; and scribed information reporting the assign- the semicolon; (C) in subparagraph (C), by striking ‘‘(C) ment is recorded in the United States Patent (ii) by striking paragraph (2); and the’’ and inserting ‘‘(C) The’’. and Trademark Office within 3 months after (iii) by redesignating paragraph (3) as para- (11) The item relating to section 903 in the the date of the assignment or prior to the graph (2). table of contents for chapter 9 is amended by subsequent purchase. (B) Section 1011(b)(2)(A) is amended to read striking ‘‘licensure’’ and inserting ‘‘licens- ‘‘(5) The United States Patent and Trade- as follows: ing’’. mark Office shall maintain a record of infor- ‘‘(A) in paragraph (1), by striking ‘primary SEC. 12. OTHER COPYRIGHT RELATED TECH- mation on assignments, in such form as may transmission made by a superstation and NICAL AMENDMENTS. be prescribed by the Commissioner. embodying a performance or display of a (a) AMENDMENT TO TITLE 18.—Section ‘‘(b) An assignee not domiciled in the work’ and inserting ‘performance or display 2319(e)(2) of title 18, United States Code, is United States may designate by a document of a work embodied in a primary trans- amended by striking ‘‘107 through 120’’ and filed in the United States Patent and Trade- mission made by a superstation or by the inserting ‘‘107 through 122’’. mark Office the name and address of a per- Public Broadcasting Service satellite feed’;’’. (b) STANDARD REFERENCE DATA.—(1) Sec- son resident in the United States on whom SEC. 11. AMENDMENTS TO TITLE 17, UNITED tion 105(f) of Public Law 94–553 is amended by may be served notices or process in pro- STATES CODE. striking ‘‘section 290(e) of title 15’’ and in- ceedings affecting the mark. Such notices or Title 17, United States Code, is amended as serting ‘‘section 6 of the Standard Reference process may be served upon the person so follows: Data Act (15 U.S.C. 290e)’’. designated by leaving with that person or (1) Section 119(a)(6) is amended by striking (2) Section 6(a) of the Standard Reference mailing to that person a copy thereof at the ‘‘of performance’’ and inserting ‘‘of a per- Data Act (15 U.S.C. 290e) is amended by address specified in the last designation so formance’’. striking ‘‘Notwithstanding’’ and all that fol- filed. If the person so designated cannot be (2)(A) The section heading for section 122 is lows through ‘‘United States Code,’’ and in- serting ‘‘Notwithstanding the limitations found at the address given in the last des- amended by striking ‘‘rights; secondary’’ and under section 105 of title 17, United States ignation, or if the assignee does not des- inserting ‘‘rights: Secondary’’. Code,’’. ignate by a document filed in the United (B) The item relating to section 122 in the States Patent and Trademark Office the table of contents for chapter 1 is amended to The PRESIDING OFFICER. The Sen- name and address of a person resident in the read as follows: ator from Mississippi, Mr. COCHRAN, is United States on whom may be served no- ‘‘122. Limitations on exclusive rights: Sec- recognized. tices or process in proceedings affecting the ondary transmissions by sat- Mr. COCHRAN. Mr. President, I ask mark, such notices or process may be served ellite carriers within local mar- unanimous consent that I may proceed upon the Commissioner.’’; kets.’’. for up to 10 minutes as in morning (7) Section 23(c) (15 U.S.C. 1091(c)) is (3)(A) The section heading for section 121 is business. amended by striking the second comma after amended by striking ‘‘reproduction’’ and in- The PRESIDING OFFICER. Without ‘‘numeral’’. serting ‘‘Reproduction’’. objection, it is so ordered. (8) Section 33(b)(8) (15 U.S.C. 1115(b)(8)) is (B) The item relating to section 121 in the amended by aligning the text with paragraph table of contents for chapter 1 is amended by f (7). striking ‘‘reproduction’’ and inserting ‘‘Re- NATIONAL MISSILE DEFENSE (9) Section 34(d)(1)(A) (15 U.S.C. production’’. SYSTEM 1116(d)(1)(A)) is amended by striking ‘‘section (4)(A) Section 106 is amended by striking 110’’ and all that follows through ‘‘(36 U.S.C. ‘‘107 through 121’’ and inserting ‘‘107 through Mr. COCHRAN. Mr. President, I take 380)’’ and inserting ‘‘section 220506 of title 36, 122’’. this time to respond to those who are United States Code,’’. (B) Section 501(a) is amended by striking suggesting we put off, or even cancel, (10) Section 34(d)(1)(B)(ii) (15 U.S.C. ‘‘106 through 121’’ and inserting ‘‘106 through the deployment of a national missile 1116(d)(1)(B)(ii)) is amended by striking ‘‘sec- 122’’. defense system. tion 110’’ and all that follows through ‘‘(36 (C) Section 511(a) is amended by striking One reason the critics of the program U.S.C. 380)’’ and inserting ‘‘section 220506 of ‘‘106 through 121’’ and inserting ‘‘106 through are giving for delay is the alleged oppo- title 36, United States Code’’. 122’’. (11) Section 34(d)(11) is amended by strik- sition of our allies, particularly those (5) Section 101 is amended— in Europe. Earlier this month at the ing ‘‘6621 of the Internal Revenue Code of (A) by moving the definition of ‘‘computer 1954’’ and inserting ‘‘6621(a)(2) of the Internal program’’ so that it appears after the defini- Munich Conference on International Revenue Code of 1986’’. tion of ‘‘compilation’’; and Security, Secretary of Defense Donald (12) Section 35(b) (15 U.S.C. 1117(b)) is (B) by moving the definition of ‘‘registra- Rumsfeld made a forceful case for de- amended— tion’’ so that it appears after the definition ployment of a defense against strategic (A) by striking ‘‘section 110’’ and all that of ‘‘publicly’’. ballistic missiles. He explained the ra- follows through ‘‘(36 U.S.C. 380)’’ and insert- (6) Section 110(4)(B) is amended in the mat- tionale for our missile defense pro- ing ‘‘section 220506 of title 36, United States ter preceding clause (i) by striking ‘‘condi- Code,’’; and gram, and he also made it clear that tions;’’ and inserting ‘‘conditions:’’. this administration intends to deploy (B) by striking ‘‘6621 of the Internal Rev- (7) Section 118(b)(1) is amended in the sec- enue Code of 1954’’ and inserting ‘‘6621(a)(2) ond sentence by striking ‘‘to it’’. such a system as soon as possible. of the Internal Revenue Code of 1986’’. (8) Section 119(b)(1)(A) is amended— He told those attending the con- (13) Section 44(e) (15 U.S.C. 1126(e)) is (A) by striking ‘‘transmitted’’ and insert- ference that deploying a missile de- amended by striking ‘‘a certification’’ and ing ‘‘retransmitted’’; and fense system was a moral issue because inserting ‘‘a true copy, a photocopy, a cer- (B) by striking ‘‘transmissions’’ and insert- ‘‘no U.S. President can responsibly say tification,’’. ing ‘‘retransmissions’’. his defense policy is calculated and de- SEC. 9. PATENT AND TRADEMARK FEE CLERICAL (9) Section 203(a)(2) is amended— signed to leave the American people AMENDMENT. (A) in subparagraph (A)— undefended against threats that are The Patent and Trademark Fee Fairness (i) by striking ‘‘(A) the’’ and inserting ‘‘(A) Act of 1999 (113 Stat. 1537–546 et seq.), as en- known to exist.’’ The’’; and Former Secretary of State Kissinger, acted by section 1000(a)(9) of Public Law 106– (ii) by striking the semicolon at the end 113, is amended in section 4203, by striking and inserting a period; who negotiated the 1972 Anti-Ballistic ‘‘111(a)’’ and inserting ‘‘1113(a)’’. (B) in subparagraph (B)— Missile Treaty, also spoke at the con- SEC. 10. COPYRIGHT RELATED CORRECTIONS TO (i) by striking ‘‘(B) the’’ and inserting ‘‘(B) ference. He said a U.S. President can- 1999 OMNIBUS REFORM ACT. The’’; and not allow a situation in which ‘‘extinc- Title I of the Intellectual Property and (ii) by striking the semicolon at the end tion of civilized life is one’s only strat- Communications Omnibus Reform Act of and inserting a period; and egy.’’ 1999, as enacted by section 1000(a)(9) of Pub- (C) in subparagraph (C), by striking ‘‘(C) The response from our European al- lic Law 106–113, is amended as follows: the’’ and inserting ‘‘(C) The’’. lies was very encouraging. For months, (1) Section 1007 is amended— (10) Section 304(c)(2) is amended— critics have been saying that our allies (A) in paragraph (2), by striking ‘‘para- (A) in subparagraph (A)— graph (2)’’ and inserting ‘‘paragraph (2)(A)’’; (i) by striking ‘‘(A) the’’ and inserting ‘‘(A) firmly oppose our plans to deploy mis- and The’’; and sile defenses and would never go along (B) in paragraph (3), by striking ‘‘1005(e)’’ (ii) by striking the semicolon at the end with them. But the Secretary General and inserting ‘‘1005(d)’’. and inserting a period; of NATO, George Robertson, said: February 14, 2001 CONGRESSIONAL RECORD — SENATE S1385 Now the Europeans have to accept that the signaling changed attitudes. I think nology flows that we see from big Americans really intend to go ahead.... they have been influenced by the Bush states to smaller states and then the Now that the question of ‘‘whether’’ it’s administration’s willingness to con- inclination of those people who do the going to happen has been settled, I want an front the NMD issue squarely, to con- secondary proliferation I think is engagement inside NATO between the Amer- icans and other allies about the ‘‘how’’ and sult fully with our allies, and to make what’s most worrisome to me.’’ the ‘‘when.’’ clear a determination to protect this Some who oppose missile defense de- With respect to the threat, Secretary nation and its allies from long-range ployment point to diplomatic initia- General Robertson said: ballistic missile attack. The best ally tives and political change as evidence is a strong one, and the actions of the that the threat is diminishing. For ex- The interesting point is that there is now a recognition by leaders—American, Euro- Bush administration are an overdue re- ample, they point to recent efforts by pean, and even Russian—that there is a new assurance that the United States will North Korea’s leader Kim Jong Il to threat from the proliferation of ballistic indeed be a strong alliance partner. present a more open face to the world. missiles that has got to be dealt with. The Of course, not every nation welcomes But according to the Director of Cen- Americans have said how they’re going to our NMD plans. France still has not tral Intelligence, little has actually deal with it. The Europeans are being offered embraced the concept, and Russia and changed with respect to North Korea’s a chance to share in that. China continue their opposition. But proliferation activities. For example, Robertson also added: this shouldn’t change our plans to de- he testified, The concept of mutually assured destruc- ploy missile defenses. Our action Pyongyang’s bold diplomatic outreach to tion is obsolete. The old equation no longer threatens no nation, although it will the international community and engage- works out: Russia and the United States in a create an obstacle for those who would ment with South Korea reflect a significant balance of terror. Now there are groups and threaten the U.S. Those who mean us change in strategy. The strategy is designed States acquiring missile technology and war- no harm have nothing to fear from this to assure the continued survival of Kim Jong heads with great facility. We are living in a Il by ending Pyongyang’s political isolation dangerous new world. purely defensive system; those who do mean us harm will learn that the and fixing the North’s failing economy by at- Germany’s views are also changing. tracting more aid. We do not know how far United States will no longer commit Chancellor Gerhard Schroeder, address- Kim will go in opening the North, but I can itself to continuing vulnerability. report to you that we have not yet seen a ing fellow Social Democratic Party Another reason for proceeding as members, said recently, ‘‘We should be significant diminution of the threat from soon as possible to deploy missile de- North to American and South Korean inter- under no illusions that that there will fenses to protect the United States was ests. be no difference of opinion with the highlighted last week in testimony pre- Pyongyang still believes that a strong new American leadership under Presi- sented to the Senate by the Director of military, capable of projecting power in the dent George W. Bush. First and fore- Central Intelligence, George Tenet. region, is an essential element of national most, it won’t be about the planned power. Pyongyang’s declared military-first He said, ‘‘we cannot underestimate policy requires massive investment in the National Missile Defense program but the catalytic role that foreign assist- about trade policy issues. Differences armed forces, even at the expense of other ance has played in advancing . . . mis- national objectives . . . [T]he North Korean over NMD are not the decisive factor in sile and WMD programs, shortening the military appears, for now, to have halted its the German-American relationship.’’ development times, and aiding produc- near decade-long slide in military capabili- German Foreign Minister Fischer said tion.’’ He noted that it is increasingly ties. In addition to the North’s longer-range that NMD ‘‘above all is a national deci- difficult to predict those timelines, missile threat to us, Pyongyang is also ex- sion for the United States.’’ In Moscow saying ‘‘The missile and WMD pro- panding its short- and medium-range missile inventory, putting our allies at risk. this week, he said, ‘‘in the end, the liferation problem continues to change Russians are going to accept it some- in ways that make it harder to monitor Similar claims about diminishing how.’’ and control, increasing the risks of threats have been made about Iran. A Here in Washington last week, Brit- substantial surprise.’’ Director Tenet year ago, those who oppose missile de- ain’s Foreign Secretary said, ‘‘On the went on to say, ‘‘It is that foreign as- fense were suggesting that because of question of what happens if national sistance piece that you have to have the election of reform-minded leaders missile defense proceeds; if it means that very precise intelligence to under- we need no longer worry about that the U.S., feels more secure and there- stand, and sometimes you get it and country obtaining more capable mis- fore feels more able to assert itself in sometimes you don’t.’’ Because of the siles. Here is what the Director of Cen- international areas of concern to us, difficulty monitoring foreign assist- tral Intelligence had to say about Iran we would regard that as a net gain in ance, Director Tenet added that ‘‘these in his testimony last week: security.’’ And the Prime Minister of time lines all become illusory.’’ Iran has one of the largest and most capa- Canada, who just a few months ago had He also noted that it is a mistake to ble ballistic missile programs in the Middle joined Russian President Putin in call- think of nations who aspire to obtain East. It’s public statements suggest that it ing for preservation of the ABM Trea- plans to develop longer-range rockets for use missiles as technologically unsophisti- in a space-launch program. But Tehran could ty, said last week after consulting with cated: ‘‘We are not talking about unso- President Bush, ‘‘Perhaps we are in a follow the North Korean pattern and test an phisticated countries. When you talk ICBM capable of delivering a light payload different era.’’ about Iraq and Iran, people need to un- to the United States in the next few years The Australian Foreign Minister derstand these are countries with so- ... noted last week that until now, phisticated capabilities, sophisticated Events in the past year have been discour- A lot of the debate has been directed at the technology, digital communications.’’ aging for positive change in Iran. . . . Pros- United States. I frankly think an awful lot And the danger does not stop when pects for near-term political reform in the of the debate should instead be directed not one of these nations acquires the tech- near term are fading. Opponents of reform only toward those countries that have got or have not only muzzled the open press, they are developing these missile systems but the nology that is now so freely available. have also arrested prominent activists and countries that have been transferring that Mr. Tenet warned about what he blunted the legislature’s powers. Over the missile technology to others.... If there were termed ‘‘secondary proliferation’’: summer, supreme leader Khamenei ordered no missiles, there would be no need for a There is also great potential for secondary the new legislature not to ease press restric- missile defense system. proliferation, for maturing state-sponsored tions, a key reformist pursuit, that signaled Dr. Javier Solana of Spain, former programs such as those in Pakistan, Iran and the narrow borders within which he would Secretary-General of NATO and now India. Add to this group the private compa- allow the legislature to operate. the director of foreign policy for the nies, scientists and engineers in Russia, I hope that reformers do make gains China and India who may be increasing their in Iran, although senior CIA officials European Union, said ‘‘The United involvement in these activities taking ad- States has the right to deploy’’ an vantage of weak or unenforceable national have testified that Iranian ‘‘reform- NMD system. Of the ABM Treaty, the export controls and the growing availability ers’’—such as President Khatemi—are so-called ‘‘cornerstone of strategic sta- of technologies. These trends have contin- enthusiastic about acquiring ballistic bility,’’ Dr. Solana said, ‘‘It is not the ued, and in some cases have accelerated over missiles. I hope Iran will one day be a Bible.’’ the past year. thriving democracy. But that day has The words we now hear from our Eu- The Director of Central Intelligence not arrived, and our security policy ropean and other important allies are added, ‘‘So you know, the kind of tech- cannot be based on hope. S1386 CONGRESSIONAL RECORD — SENATE February 14, 2001 We need missile defense not just be- I want to make some brief comments has been spent on this matter. I re- cause of the capabilities of particular on the bill that I expect to call up. member as if it was yesterday Senator countries, but because of the larger f LOTT coming on the floor and making problem: The proliferation of missile the announcement. It was a sad day in technology has created a world in HONORING PAUL D. COVERDELL the history of this Senate, in the his- which we can no longer afford to leave Mr. LOTT. Mr. President, many of us tory of the State of Georgia, and cer- ourselves vulnerable to an entire class in the Senate still greatly miss our dis- tainly our country. of weapons. Remaining vulnerable only tinguished and honorable colleague Those of us who knew Senator Cover- guarantees that some nation will seize from Georgia, Paul Coverdell. There dell know how closely he was associ- upon this vulnerability and take the are not many days that go by that I do ated with the majority leader and how United States and our allies by sur- not think about him when I am work- he loved this institution. What the prise. ing in this Chamber and in my office. leader has said is very true. I worked The Bush administration’s resolve to We really have been grieving and with Senator MILLER, Senator GRAMM, deploy missile defenses is an essential thinking an awful lot about him over and Senator DEWINE to come up with first step in modernizing our national the months since his unfortunate early something that is appropriate. We security assets. Because of the neglect passing away as a result of his prob- think we have done that. our missile defense program has suf- lems last year when he had a cerebral I do, though, have to object for one of fered over the last eight years, we now hemorrhage. the other Members of the Senate. It is face a threat against which we will He was an extraordinary public serv- something which is procedural in na- have no defense for several years. Be- ant. We all wanted to find a way to ex- ture. I am confident we can work this cause of decisions made by the previous press our sorrow and to appropriately out. I ask that the leader be under- administration, the only long-range honor him. In that vein, I wanted to standing and that this matter be missile defense we have in the near- make sure we did not just have a rush brought up after we get back from our term will be the ground-based system to judgment of what we might try to next recess. I am confident in that pe- planned for initial deployment in Alas- do to honor him—doing it in several riod of time we will take care of the ka. Additional resources must be pro- little ways but never an appropriate kinks. I would rather we do it that way vided so that other technologies and way. than pass pieces of it. basing modes can be developed and After discussion on both sides of the I talked with Senator GRAMM and tested. But now, we must move forward aisle and getting approval of the Demo- Senator MILLER, and we agreed to do it as fast as we can with the technology cratic leader, I asked four of our col- all at once rather than piecemeal. we have today. We must not prolong leagues to serve as an informal task The PRESIDING OFFICER. The Sen- our vulnerability by waiting for newer force to come up with an appropriate ator from Nevada objects. and better technology. Therefore, it is way to honor Senator Coverdell. These Mr. LOTT. Mr. President, while I feel important that the administration im- four Senators, two from each side of the objection is certainly unfortunate, mediately begin construction of the the aisle, were good friends and worked I know that Senator REID wants to find NMD radar at Shemya, AK. Construc- closely with Paul. They had a personal a way to work through the problem tion of the national missile defense interest in it. that may exist. I will be glad to work radar at Shemya, AK, should begin im- I thank Senator GRAMM of Texas, with him and Senator MILLER. mediately. Senator DEWINE of Ohio, Senator Senator MILLER has been very gen- Construction of this radar was to HARRY REID of Nevada, and Senator erous with his time and very com- have begun this May, but last Sep- ZELL MILLER of Georgia for taking the mitted to this process. I talked with tember President Clinton postponed time to think about this, meeting to- him a couple of times—just yesterday— the decision to proceed, citing delays gether and coming up with ideas of how to try to work through this. It is my with other elements of the system and to appropriately honor Senator Cover- expectation we will be able to clear a lack of progress in convincing Russia dell. this bill and take it up for consider- to modernize the ABM Treaty to per- That is how this bill came into being. ation. It really is noncontroversial, and mit NMB deployment. However, con- A lot of ideas were considered. They I believe it should be passed by unani- struction of the Shemya radar is the were discussed with Senator mous consent. so-called ‘‘long-lead’’ item in deploy- Coverdell’s former staff members, fam- I hope Members who do have a prob- ment of the NMD system; it is the step ily, particularly his wife, and they lem, or if there is a procedural prob- that takes the longest and must begin came up with the suggestion that is in- lem, will find a way to work through it the soonest. Delaying construction of cluded in this bill. so we can honor this noble and re- the NMD radar means delaying deploy- I thank Senator DASCHLE and Sen- spected Member. I invite Senator REID ment of the entire system, and we can- ator REID for being willing to be in- and any others to comment on the not afford more unnecessary delays in volved in this process. As a result of process, and if they have any remedy this program. their efforts, we now have a bill. they can suggest, I am anxious to hear from them. I know effort is already un- There is still time to recover from f the delays caused by President Clin- derway to do that, and I know they will ton’s postponement last fall. The radar UNANIMOUS CONSENT REQUEST—A continue. design is complete, the funds have been BILL HONORING PAUL D. COVER- It will be my intent to file cloture on appropriated, and any missile defense DELL this matter if it is necessary prior to system we build will have to begin with Mr. LOTT. Mr. President, I ask unan- the recess of the Senate this week. I an X-band radar at Shemy. So we imous consent that the Senate proceed hope and expect we will not have to do should get on with it. to the immediate consideration of a that, but because of the requirements Beginning construction of the bill at the desk which honors Senator of S. Res. 8, if I have to file cloture, I Shemya radar will be a demonstration Paul D. Coverdell by naming the Peace will have to wait the requisite 12 hours of the determination of our govern- Corps headquarters after our former now before filing the cloture on an ment to fulfill its first constitutional colleague. I further ask unanimous amendable item, so I will have to begin duty, which is to provide for the secu- consent that the bill be read the third the process. rity of our Nation. It will send an un- time, passed, and the motion to recon- Rather than leave it in that vein, I mistakable signal to all—friend or po- sider be laid upon the table. prefer we talk and we work this out tential foe—that the United States will The PRESIDING OFFICER (Mr. and find a way to get it cleared and not remain vulnerable any longer to COCHRAN). Is there objection? agreed to tomorrow before we leave for those who threaten us with ballistic Mr. REID. Mr. President, reserving the Presidents Day recess. missiles. the right to object. Mr. REID. I appreciate the leader’s The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- comments. I would appreciate very jority leader. ator reserves the right to object. much the leader not filing cloture. We Mr. LOTT. Mr. President, before I Mr REID. As the majority leader has do not need that or want that on this propound a unanimous consent request, indicated, a significant amount of time piece of legislation. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1387 Mr. LOTT. I understand that. love, and an understanding of the suf- arena. Three major factors encouraged f fering endured during oppressive peri- the beginning of this new movement ods in history. The African-American for civil rights. First, many African- MORNING BUSINESS family has served to strengthen and en- Americans served with honor in World Mr. LOTT. Mr. President, I ask unan- courage young African-Americans to War II, as they had in many wars since imous consent that the Senate now be forge ahead to break barriers and rise the American revolution. However, in in a period for morning business, with to new heights within American cul- this instance, African-American lead- Senators permitted to speak for up to ture. ers pointed to the records of these vet- 10 minutes each. The unemployment rate for African- erans to show the injustice of racial The PRESIDING OFFICER. Without Americans has fallen from 14.2 percent discrimination against patriots. Sec- objection, it is so ordered. in 1992 to 8.3 percent in 1999, the lowest ond, more and more African-Americans annual level on record. The median in the North had made economic gains, f household income of African-Ameri- increased their education, and reg- COMMENDING SENATOR COCHRAN cans is up 15.1 percent since 1993, from istered to vote. Third, the NAACP had attracted many new members and re- Mr. LOTT. Mr. President, I commend $22,034 in 1993 to $25,351 in 1998. Real ceived increased financial support from my colleague, the Presiding Officer, wages of African-Americans have risen rapidly in the past two years, up about all citizens. Senator COCHRAN, for the remarks he In addition, a young group of ener- made a few moments ago on the floor 5.8 percent for men and 6.2 percent for getic lawyers, including Thurgood Mar- of the Senate with regard to the de- women since 1996. The African-American poverty rate shall, of Baltimore, Maryland, used the fense budget, particularly missile de- has dropped from 33.1 percent in 1993 to legal system to bring about important fense. He has been very thoughtful in 26.1 percent in 1998, the lowest level changes in the lives of African-Ameri- this area. He has been involved for a ever recorded and the largest five-year cans, while Dr. Martin Luther King, Jr. number of years. drop in more than twenty-five years. appealed to the conscience of all citi- He serves as head of a bipartisan Since 1993, the child poverty rate zens. When Congress passed the Civil group of Senators who have been to among African-Americans has dropped Rights Act of 1964 and the Voting Russia on behalf of the Senate, who from 46.1 percent to 36.7 percent in 1998. Rights Act of 1965, Clarence Mitchell, have met with representatives from the While still too large, this represents Jr., of Maryland, played a critical part government, the Duma of Russia, when the largest five-year drop on record. It in steering this legislation through they have been in the United States. is critical that we in Congress continue Congress. To put this in a positive way and to work to enact legislation that will African-Americans began to assume note that President Bush intends to go further strengthen African-American more influential roles in the Federal forward with it when it is ready to be families and enable these rates to con- Government as a result of the civil deployed and that we be prepared to tinue to decrease at record levels. rights movement, a development which have a serious discussion about it is Religion, like family, has played a benefitted the entire Nation. In 1966, fine, but I thank him for the way he vital role in African-American life in Dr. Robert C. Weaver became the Sec- has been involved in this issue and ex- this country, with the Black Church a retary of Housing and Urban Develop- press my confidence that as we move substantial and enduring presence. ment, the first Black Cabinet Member forward on this very important defense Throughout the early period of our Na- and Edward Brooke became the first item for our future, I know he will be tion’s development, African-Americans African-American elected to the Sen- involved in that. established their own religious institu- ate since reconstruction. In 1967, I feel very good that President Bush tions. Although these institutions were Thurgood Marshall became the first and Secretary of Defense Rumsfeld will not always formally recognized, it Black Justice on the Supreme Court. approach this matter in an appropriate should be noted that the African Meth- In 1969, Shirley Chisholm of New York way, with our defense budget funding odist Episcopal Church was founded in became the first Black woman to serve but also in the way it is handled with 1787, followed closely by the African in the U.S. House of Representatives. our allies. I look forward to working Baptist Church in 1788. Throughout our Progress continued in the next three together in the future on this impor- Nation’s history, the Black Church has decades. In 1976, Patricia Harris be- tant issue. served as both a stabilizing influence came the first Black woman Cabinet I yield the floor. and as a catalyst for needed change. Member and in 1977 when Clifford Alex- f During slavery, the African-Amer- ander was confirmed as the first Black ican Church was a place of spiritual Secretary of the Army. In 1989, Douglas BLACK HISTORY MONTH sanctuary and community. After Wilder of Virginia became the first Mr. SARBANES. Mr. President, I am Blacks were freed, the Church re- elected African-American Governor in very pleased to join in commemorating mained a line of defense and comfort the Nation. In 1992, Carol Moseley- African-American History Month and against racism. The Black Church Braun became the first African-Amer- particularly this year’s theme, ‘‘Cre- served as an agency of social reorienta- ican female U.S. Senator. In 1993, Ron ating and Defining the African-Amer- tion and reconstruction, providing re- Brown became the first African-Amer- ican Community: Family, Church, Pol- inforcement for the values of marriage, ican Secretary of Commerce, Jesse itics and Culture.’’ family, morality, and spirituality in Brown became the first African-Amer- Since 1926, the month of February the face of the corrosive effects of dis- ican Secretary of the Veterans Admin- has served as a time for our citizens to crimination. istration, and Hazel O’Leary became recognize and applaud the vast con- The Black Church became the center the first black Secretary of Energy. In tributions made by African-Americans for economic cooperation, pooling re- 1997, Rodney Slater became the first to the founding and building of this sources to buy churches, building mu- African-American Secretary of Trans- great Nation. The vision of the noted tual aid societies which provided social portation and Alexis Herman became author and scholar, Dr. Carter G. services, purchasing and helping reset- the first African-American Secretary Woodson, led to this important annual tle enslaved Africans, and establishing of Labor. In 2001, Roderick Paige be- celebration. As we note the theme of businesses. From its earliest days as an came the first African-American Sec- this year’s Black History Month cele- invisible spiritural community, the retary of Education and General Colin bration, it is important to recognize Black Church supported social change Powell, in addition to being the first the challenges ahead for African-Amer- and struggle, providing leaders and African-American Chairman of the icans in a new age. leadership at various points in the Joint Chiefs of Staff, became the first From early days, the family has been struggle against racism and discrimi- U.S. Secretary of State. the backbone of the African-American nation. African-Americans have played sig- culture in our country. Through a The civil rights movement of the nificant roles in influencing and chang- strong and stable family structure, Af- 1960s provided the catalyst for African- ing American life and culture. Through rican-Americans found companionship, Americans to move into the political such fields as arts and entertainment, S1388 CONGRESSIONAL RECORD — SENATE February 14, 2001 the military, politics and civil rights, demic centers and an epicenter for the previous decisions extending asylum to African-Americans have been key to growing civil rights movement. He was victims of sexual abuse. I wrote Doris the progress and prosperity of our Na- instrumental in the elimination of seg- Meissner, then the Commissioner of tion. Blacks have contributed to the regated public facilities in Atlanta and the INS, in August 1999 to express my artistic and literary heritage of Amer- promoted the cause of nonviolence concerns about the case. I joined a ica from the early years to the present. through peaceful student protests in a group of Senators writing Attorney They have influenced the field of music time often marred by racial violence. General Reno about this matter in No- as composers, vocalists, and instru- Dr. Martin Luther King, Jr. and other vember 1999, and raised those concerns mentalists and played a seminal role in influential 20th century leaders consid- again in letters to the Attorney Gen- the emergence of blues, jazz, gospel, ered Dr. Mays a mentor and scores of eral in February and September 2000. and rhythm and blues. colleges and universities—from Har- Finally, I reiterated my concerns to Although African-Americans owned vard University to Lander University Ms. Meissner in August 2000. and published newspapers in the 19th in South Carolina—have acknowledged The Justice Department released a century, their achievements in the his impressive achievements by award- proposed rule in December that would communications industry have been ing him an honorary degree. make it easier for women to base asy- most noted in the 20th century, when After retiring from Morehouse after lum petitions on gender-based persecu- they produced and contributed to mag- 27 years, Dr. Mays did not fade from tion. Then-Attorney General Reno’s azines, newspapers, and television and the spotlight—far from it. He served as January 19 order stays the R.A. case radio news and talk shows in unprece- president of the Atlanta Board of Edu- until a final version of that rule is ap- dented numbers. There are now hun- cation for 12 years, ensuring that new proved, at which time the BIA will re- dreds of Black-owned radio stations generations of children received the consider the case in light of that rule. throughout the country. While inte- same quality education he had fought I urge the Bush Administration to ap- grated into professional sports rel- so hard to obtain back in turn-of-the- prove a final rule that provides strong atively recently, African-American century South Carolina. Dr. Mays said protections for victims of domestic vio- athletes have reached the highest lev- it best in his autobiography: ‘‘Fore- lence and other forms of gender-based els of accomplishment. They also com- most in my life has been my honest en- oppression. And I urge the BIA to apply prise some of the finest athletes rep- deavors to find the truth and proclaim that rule in a way that provides the resenting the United States in the it.’’ Now is the time for us to proclaim maximum protection for such women. Olympic Games. Dr. Benjamin Mays one of our nation’s The United States should have—and I As we move into the new Millenium, most distinguished citizens by award- believe does have—a bipartisan com- we look forward to the continued ing him a posthumous Presidential mitment to refugees. I have been growth and prosperity of African- Medal of Freedom. joined by Republicans such as Senators American citizens. Our Nation’s his- f BROWNBACK and JEFFORDS in my at- tory is replete with the contributions tempts to draw attention to this case. ASYLUM AND DOMESTIC of African-Americans. Black History And I am optimistic that the Bush Ad- VIOLENCE Month affords all Americans an oppor- ministration will share our concerns. tunity to celebrate the great achieve- Mr. LEAHY. Mr. President, before No one wants to see a victim of domes- ments of African-Americans, to cele- leaving office, Attorney General Reno tic violence returned to face further brate how far this Nation has come, ordered the Board of Immigration Ap- abuse, especially where her govern- and to remind us of how far we have to peals to reconsider its decision to re- ment does not have the will or ability go. ject the asylum claim of a Guatemalan to protect her. Working together, and f domestic violence victim. I applaud the building on the foundation laid by At- former Attorney General for her ac- DR. BENJAMIN ELIJAH MAYS torney General Reno, we can prevent tions in this case, entitled Matter of that from happening. Mr. HOLLINGS. Mr. President, I rise R.A., and I encourage the Bush Admin- today to bring the country’s attention istration to continue with her efforts f to one of its most gifted educators, to provide a safe harbor for victims of TRIBUTE TO FORMER SENATOR civil rights leaders and theologians, severe domestic abuse. the late Dr. Benjamin Elijah Mays, and The facts of the R.A. case are ALAN CRANSTON to again encourage the President to chilling. Ms. Rodi Alvarado Pena Mr. ROCKEFELLER. Mr. President, I award Dr. Mays a Presidential Medal of sought asylum after suffering from un- join many of my colleagues in paying Freedom. Dr. Mays lived an extraor- thinkable abuse at the hands of her tribute to former Senator Alan Cran- dinary life that began in a very husband in her native Guatemala, ston, who died on New Year’s Eve, 2000. unextraordinary setting. The son of abuse that ended only when she es- Since I came to the Senate in 1985, I slaves, Dr. Mays grew up in the rural caped to the United States in 1995. She have had the honor of serving on the community of Epworth, South Carolina said that her husband raped and pistol- Committee on Veterans’ Affairs, and where poverty and racism were every- whipped her, and beat her unconscious my first 8 years on the committee were day realities and the church was some- in front of her children. She said that under the superb chairmanship of Sen- times the only solace to be found. Yet, law enforcement authorities in Guate- ator Cranston. During our years, I as the title of Dr. Mays’ autobiog- mala told her that they would not pro- came to know and appreciate his raphy, ‘‘Born to Rebel’’ reveals, he was tect her from violent crimes com- unbounded dedication to the veterans never satisfied with the status quo and mitted against her by her husband. of this country, and his extraordinary looked to education as the key to his And she believed that her husband record of leadership and commitment own success, and later the key to would kill her if she returned to Guate- to our Nation throughout his 24 years sweeping social change. mala. of public service in the U.S. Senate. After working his way through South The INS did not dispute what Ms. Senator Cranston played an integral Carolina College, Bates College and a Pena said, and in 1996, an immigration role in veterans affairs from his first doctoral program at the University of judge determined that she was entitled days in the Senate, serving initially as Chicago, Dr. Mays worked as a teacher, to asylum. But in 1999, the Board of Chairman of the Veterans’ Affairs Sub- an urban league representative and Immigration Appeals (‘‘BIA’’) reversed committee of the then-Committee on later dean of the School of Religion at that decision on the grounds that even Labor and Public Welfare. When that Howard University here in Washington. if everything Ms. Pena said were true, subcommittee became the full Com- Then, in 1940, he took the reins at she did not qualify for asylum because mittee on Veterans’ Affairs in 1971, he Morehouse College and—to borrow a victims of domestic abuse do not con- was a charter member of it. He became phrase—the rest was history. As Presi- stitute a ‘‘social group’’ under existing Chairman of the full Committee in dent of Morehouse, Dr. Mays took an law. This decision seemed to me and a 1977, was ranking member from 1978– ailing institution and transformed it number of other Senators and Rep- 1986, and then Chairman again in 1987, into one of America’s most vital aca- resentatives to be inconsistent with until he left the Senate in 1993. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1389 Throughout his tenure, Senator of legislation which established a court obtained formal recognition and treatment Cranston demonstrated a devoted com- to review veterans’ claims. That court, for post-traumatic stress disorder as a ‘‘real’’ mitment to the men and women who now known as the U.S. Court of Ap- condition that affected soldiers. Drug and al- risk their lives for the safety and wel- peals for Veterans Claims, stands as a cohol services, vocational rehabilitation, and comprehensive assistance for homeless vet- fare of our Nation. Although he op- legacy to Senator Cranston’s commit- erans all resulted from his insight, his perse- posed the war in Vietnam, he was a ment to making sure that veterans are verance, and his commitment to those who strong champion for the rights and treated fairly by the government that served our country. benefits of those who served in it. they served. The terms ‘‘paramedic’’ and ‘‘medevac’’ did Senator Cranston’s vision—to ensure The list of Senator Cranston’s not exist in civilian society in the late that our country uphold its obligation achievements is long—for veterans, his 1960s—they do today because Alan saw how to meet the post-service needs of vet- home State of California, our country, effective the combination of medical per- erans and their families—was the inspi- and the world. Senator Cranston’s lead- sonnel, telecommunications, and helicopters ration for the many pieces of legisla- ership had a broad sweep, way beyond had been in treating battlefield injuries in Vietnam, and he authored the first pilot pro- tion passed during his tenure. He the concerns of veterans. From nuclear gram to apply this model to the civilian sec- showed his concern for disabled vet- disarmament to housing policy to edu- tor. erans and their families in many ways, cation to civil rights, Senator Cranston Senator Cranston also was the most vig- including authoring support programs fought to do the right thing, with en- orous, insightful, tough, and effective sup- that provided for grants, cost-of- living ergy and passion. For nearly a quarter porter that the Peace Corps has ever had in increases in benefits, adaptive equip- of a century, he was a true champion the Congress—stemming from his early in- ment, rehabilitation, and other serv- for the less fortunate among our soci- volvement with Sargent Shriver in the early ices. ety. 1960’s before he was elected. I know about these issues, and his remarkable legacy, be- Senator Cranston’s record on issues Senator Cranston’s legacy is im- cause I worked on them for Alan as a com- related to the employment and edu- mense, and I know that his leadership, mittee lawyer in the Senate and, after he cation of veterans is unequaled. As which continued after he left this left office, as the Chief Operating Officer of early as 1970, he authored the Veterans’ Chamber, will be missed. I consider the Peace Corps. Education and Training Amendments myself fortunate to have had the op- But there were many, many other issues Act, which displayed his heartfelt con- portunity to work side-by-side with that Senator Cranston not only cared about cern for Vietnam-era veterans, and him over the years. By continuing his but worked to effectuate in a painfully thor- served as the foundation for other key fight for the people we represent and ough, respectful, and principled way. He was an early and stalwart advocate for preserva- initiatives over the years. the ideals we were elected to uphold, I tion and judicious stewardship of the envi- As a strong advocate for health care seek to carry on his mission. ronment, an unyielding voice for a woman’s reform myself, I appreciated Senator Mr. President, I ask unanimous con- right to make reproductive health choices, Cranston’s efforts over the years to im- sent that an article about Senator and of course, a relentless pursuer of world prove veterans’ health care through af- Cranston by Thomas Tighe, a former peace and the abolition of nuclear weapons— firmative legislation. He brought na- staff member of the Senate Committee upon which he continued to work passion- tional attention to the many needs of on Veterans’ Affairs, be printed in the ately until the day he died. VA health care facilities, which re- RECORD. His thoughts on Senator Cran- Those efforts have made a tremendous sulted in the improvement of the qual- ston, which appeared in the January 7, positive difference in the lives of millions of people in this country and around the world. ity of their staffs, facilities, and serv- 2001, edition of the Santa Barbara For me, Alan Cranston’s standard of adher- ices. News-Press, are quite compelling. ing to principle while achieving practical Senator Cranston’s patience in pur- There being no objection, the mate- success remains a constant source of inspira- suit of his goals is legendary. For ex- rial was ordered to be printed in the tion and motivation, as I am sure is true for ample, he introduced legislation in 1971 RECORD, as follows: the hundreds of others who worked on his to establish a VA readjustment coun- ALAN CRANSTON: HE SEPARATED THE WAR staff over the course of 24 years. His was an seling program for Vietnam veterans. FROM THE WARRIOR example that one’s strongly held ideological When it failed that year, he reintro- (By Thomas Tighe, President and CEO of and policy beliefs, whether labeled ‘‘liberal’’ duced it in the next Congress, and the Direct Relief International) or ‘‘conservative,’’ should not be confused with or overwhelmed by partisanship if it next, and the next, never losing sight Alan Cranston stood for and accomplished many important things during the course of prevented meaningful progress. And he in- of his vision. Four Congresses later, in sisted upon honest and vigorous oversight of 1979, it was finally accepted by the his life and Senate career, which, as might be expected given his low-key approach, re- publicly funded programs he supported—to House of Representatives. The VA’s ceived little comment upon his death. But avoid defending on principle something inde- Vet Center Program was established having worked for Alan—as he insisted all fensible in practice, thereby eroding support that year and, in the ensuing years, his staff call him—during his last several for the principle itself. this program helped many Vietnam years in office, I was saddened by both his Once, while trying to describe an obstacle veterans deal with their adjustment passing and the absence of public recognition on a Peace Corps matter, I made a flip ref- erence to the ‘‘America Right or Wrong’’ problems after service, including post- for much of what his life’s work accom- plished. crowd. He asked if I knew where that expres- traumatic stress disorder. sion came from, which I did not. He said it After the program was established, Elected in 1968 strongly opposing the war in Vietnam, Senator Cranston was assigned was usually misunderstood and, as in my Senator Cranston fought successfully the chair of the subcommittee responsible case, misused, and told me that it was a won- to make it permanent, thereby ena- for overseeing the veterans health care sys- derfully patriotic statement. He stared at me bling Vet Centers to survive proposed tem. He was among the very first in our calmly, with a slight smile and with the cuts by the Reagan administration. He country to separate the war from the war- presence of nearly 80 years of unimaginably also pushed for enactment of legisla- rior, as he sought to have the system do rich experiences in life and politics, and said, ‘‘America, right or wrong. When it’s right, tion which extended the eligibility pe- right by the returning soldiers whose war- time experiences, severity of injury, and re- keep it right. When it’s wrong, make it riod for readjustment counseling. In right.’’ 1991, Senator Cranston authored legis- adjustment seemed somehow different from those of earlier wars. It was a privilege to work for Alan Cran- lation which allowed veterans of later While retaining his aversion to war, Alan ston, and to know that is what he tried to conflicts, including the Persian Gulf Cranston devoted much of his career in the do. War, Panama, Grenada, and Lebanon, Senate to ensuring that the country’s obliga- f to receive assistance at Vet Centers as tion to those who fought in war—however well. unpopular—was recognized as fundamentally VA LEADS THE NATION IN END- Another example of Senator Cran- important and honored accordingly. He OF-LIFE CARE ston’s persistence was his effort to pro- pushed hard to expand spinal-cord injury, Mr. ROCKEFELLER. Mr. President, vide an opportunity for veterans to blindness, and traumatic brain injury care, the Department of Veterans Affairs has which were lacking and desperately needed. seek outside review of VA decisions on He championed mental health services, au- been quick to embrace the idea that claims for benefits. He began working thoring legislation to create ‘‘Vet Centers’’ more needs to be done to deal with pa- on this issue in the mid-70’s and stayed where veterans themselves counseled each tients’ pain, and this has become an in- with it through final enactment in 1988 other and to fund research that ultimately tegral part of VA’s overall efforts to S1390 CONGRESSIONAL RECORD — SENATE February 14, 2001 improve care at the end of life—for vet- tient assessed for pain using a 0–10 scale? are remote from pain experts, centers or erans and for all Americans. As rank- Was there intervention if pain was reported clinics. ing member of the Committee on Vet- as 4 or more? Was there a plan for pain care? ‘‘Untreated or undertreated pain takes its toll not just in monetary loss but also in the erans’ Affairs, I am enormously proud Was the intervention evaluated for effective- ness? psychosocial and physical cost to patients of VA’s efforts in pain management Research: VA expanded research on man- and their families. Pain can exacerbate feel- and end-of-life care. I suspect, however, agement of acute and chronic pain, empha- ings of distress, anxiety and depression. . . . that many of my colleagues are un- sizing conditions that are most prevalent When severe pain goes untreated and/or de- aware of VA’s good work in this area. among veterans. Currently, there are nine pression is present, some people may con- We simply must recognize the lack of pain research projects funded by VA. Re- sider or attempt suicide. The message is services and resources for people who search funded by the Health Services Re- clear: all those in pain have the right to sys- are suffering with pain, especially search and Development Service focuses on tematic assessment and ongoing manage- those who need long-term institutional identifying research priorities, providing sci- ment of pain by health care professionals.’’— entific evidence for pain management proto- (The Journal of Care Management, Novem- care and other alternatives, such as cols throughout VA and evaluating and mon- ber 1999) hospice or home health for chronic con- itoring the quality of care. f ditions. The health care and related EDUCATION OF HEALTH CARE PROFESSIONALS ADDITIONAL STATEMENTS needs of Americans are very diverse. VA is assuring that clinical staff, such as We must target problems and address physicians and nurses, have orientation and them with creativity, with a variety of education on pain assessment and pain man- IN MEMORIAM OF THE MEN AND resources that can help different agement. In collaboration with the Depart- WOMEN OF THE 14TH QUARTER- groups in different ways. Taking a look ment of Defense and the community, VA is MASTER DETACHMENT WHO at the VA’s success in this area is a developing clinical guidelines for pain asso- LOST THEIR LIVES IN OPER- good place to start fixing the problem. ciated with surgery, cancer and chronic con- I therefore ask unanimous consent ditions. ATION DESERT STORM Additionally, VA initiated an extensive ∑ Mr. SANTORUM. Mr. President, I that a press release on VA’s pain man- education program for health care providers agement initiatives and a Washington that includes orientation for new employees stand before you today to honor the Post article on VA’s success in this and professional trainees, four internet ses- tenth anniversary of a terrible tragedy area be printed in the RECORD. sions on ‘‘pharmacotherapy of acute and that faced the men and women who There being no objection, the mate- chronic pain,’’ satellite broadcasts and inter- serve in the United States Armed rial was ordered to be printed in the active sessions with VA health care facili- Forces. I speak about an attack carried RECORD, as follows: ties, guest lectures on topics like pain as- out by Saddam Hussein that took the sessment and treatment of the demented, VA INITIATES PAIN MANAGEMENT PROGRAM lives of brave men and women from the purchase and distribution of pain manage- Commonwealth of Pennsylvania who Pain is one of the most common reasons ment videos, and a Web site people consult a physician, according to the ‘‘vaww.mst.lrn.va.gov/nmintranet/pain.’’ were proudly serving their country as American Academy of Pain Medicine and the VA also focuses on pain management edu- members of our armed services. We are American Pain Society. In fact, it is the pri- cation for medical students and health care indebted to those who made the ulti- mary symptom in more than 80 percent of all professional trainees through VA’s affili- mate sacrifice for our country during doctor visits and affects more than 50 mil- ations with academic institutions. Among that conflict, and they will remain in lion people. In January 1999, the Department recent milestones: our hearts and memories forever. of Veterans Affairs (VA) took the lead in The Robert Wood Johnson Foundation last The 14th Quartermaster Detachment pain management by launching a nationwide year awarded VA a grant of $985,595 to help effort to reduce pain and suffering for the 3.4 train physicians in end-of-life care, including of Greensburg, PA, was mobilized and million veterans who use VA health care fa- pain management. ordered to active duty on January 15, cilities. The VA Office of Academic Affiliations re- 1991 in support of the Persian Gulf cri- VA AND PAIN MANAGEMENT cently awarded additional funding to nine sis. On February 25, 1991, only days VA believes that no patient should suffer VA medical facilities to support graduate after the Desert Storm conflict began, preventable pain. Doctors and nurses education residences in anesthesiology pain the 14th Quartermaster Detachment throughout VA’s 1,200 sites of medical care management, including VA medical centers suffered the greatest number of casual- are required to treat pain as a ‘‘fifth vital in Milwaukee, Wis.; Durnham, N.C.; and ties of any allied unit during Operation Loma Linda, Calif. and the health care sys- sign,’’ meaning they should assess and record Desert Storm. An Iraqi Scud missile patients’ pain just as they note the other tems in North Texas, New Mexico, Puget Sound (Wash.), Palo Alto (Calif.), and North destroyed the building where the unit four health-care basics—blood pressure, was being housed, killing 28 soldiers pulse, temperature and breathing rate. They Florida-South Georgia. ask patients to rate their pain on a scale of NATIONAL PAIN MANAGEMENT STRATEGY and wounding 99. Of those casualties, 13 zero to 10, then consult with the patients The complexity of chronic pain manage- members of the 14th were killed and 43 about ways to deal with it. ment is often beyond the expertise of a sin- were wounded. Desert Storm ended ‘‘It changed how VA approached pain,’’ gle practitioner, especially for veterans only hours after this tragedy. said Dr. Jane Tollett, national coordinator whose pain problems are complicated by To recognize the supreme sacrifice of VA pain management strategy. ‘‘We’re too such things as homelessness, post traumatic that these men and women undertook often obsessed with finding out what’s going stress disorder and combat injuries. Addi- for our great nation, Major General on at the molecular, cellular and pharma- tionally, pain management has been made an Rodney D. Ruddock, Commander, 99th cological levels as opposed to asking: Is the integral part of palliative and end-of-life person feeling better?’’ Measuring pain as a care. The effective management of pain for Regional Support Command, will hold vital sign was part of the first step in the fol- all veterans cared for by VA requires a na- an anniversary ceremony on February lowing comprehensive strategy to make pain tionwide coordinated approach. To accom- 25, 2001 to honor the 14th Quarter- management a routine part of veterans’ care. plish this, VA formed a team made up of rep- master Detachment of Greensburg, PA. Pain Assessment and Treatment: Proce- resentatives from an array of disciplines— During this solemn event, we will dures for early recognition of pain and anesthesiology, nursing, psychiatry, surgery, honor, not only the men and women prompt effective treatment began at all VA oncology, pharmacology, gerontology and who lost their lives 10 years ago, but medical facilities. Pain management proto- neurology. all the men and women who serve in cols were set up, including ready access to Funded by an unrestricted educational resources such as pain specialist and multi- grant, VA is producing a Web-based physi- the Armed Forces and selflessly put disciplinary pain clinics. VA updated its cian education program aimed at end-of-life their lives on the line every day in Computerized Patient Record System issues and an online forum for VA pain man- order to preserve our nation’s freedom. (CPRS) to document a patient’s pain history. agement in which more than 200 clinicians We, as Americans, will remain eter- Patient and family education about pain actively participate. nally grateful for the sacrifices and management was included in patient treat- In December 2000, a pain management and true courage that our men and women ment plans. end-of-life conference is scheduled to show- in uniform display on our behalf in Evaluation of Outcomes and Quality of case innovation and effective practices with- Pain Management: VA began to systemati- in VA, address specialized topics with expert serving this great nation. cally measure outcomes and quality of pain faculty and solve systematic problems that It is at this time that I ask my Sen- management, including patient satisfaction cause barriers to improving pain manage- ate colleagues to join with me in hon- measures. Across the nation, VA set up quar- ment care. Additionally, VA will set up pro- oring the members of the 14th Quarter- terly data collection to evaluate: Was the pa- grams to support clinicians in settings that master Detachment.∑ February 14, 2001 CONGRESSIONAL RECORD — SENATE S1391 50TH BIRTHDAY OF THE GIRL 1980’s. He retired from active duty in She has been homeported in Sitka SCOUTS OF CONESTOGA COUNCIL February 1985. since leaving the shipyard in 1980. ∑ Mr. GRASSLEY. Mr. President, on Following retirement, Colonel Arcari Woodrush’s primary mission has been keeping aids to navigation in good con- the occasion of the 50th Birthday of the joined The Retired Officers Association dition. Her crew maintained 165 shore Girl Scouts of Conestoga Council, I and served as Deputy Director and lights and 69 buoys throughout the would like to congratulate this fine or- since 1990 as Director of Government 2,000 square-mile Southeastern Alaska ganization. Relations. panhandle. The work of the Woodrush Conestoga Council was formed in 1951 Under Colonel Arcari’s professional has been crucial to the safety of the and presently serves nearly 4,000 girls stewardship, The Retired Officers Asso- thousands of tugboats, fishing vessels, in a twelve-county area in Northeast ciation has played a vital role as the ferries, pleasure boats and cruise ships Iowa. The Council delivers traditional principal advocate of legislative initia- that navigate those sometimes treach- Girl Scout programming through troop tives to improve readiness and the quality of life for all members of the erous waters each year. meetings and activities, camp opportu- USCGC Woodrush also participated in nities and educational learning. In ad- uniformed service community—active, reserve, and retired, as well as their several notable search and rescue mis- dition, the Council supports eight in- sions. She was one of the first ships to school out reach programs for girls of families. Colonel Arcari has worked closely arrive on the scene of the wreck of the diverse ethnic and cultural back- Edmond Fitzgerald in 1975, when the ore grounds. The Council has broadened its with, and has been a valuable resource for, the Senate Armed Services Com- freighter went down with all hands in a delivery approach by partnering with violent storm on Lake Superior. Her the Winnebago Council of Boy Scouts mittee as we enacted a wide range of much-needed improvements for our sonar located two large pieces of of America to offer day camp activities wreckage, and she served as a platform and experiences through Camp Quest to military personnel. His efforts in the areas of military compensation, retire- for the U.S. Navy’s Controlled Under- hundreds of children who would not water Recovery Vehicle, which found otherwise have the opportunity to par- ment benefits, health care and fair cost-of-living adjustments, COLA, for the sunken hull. ticipate. In 1980, Woodrush responded to the The Council continues to fulfill its retired personnel and their families has been invaluable in improving long term uncontrolled fire and eventual loss of mission of helping girls grow strong the cruise ship Princendam off Graham with the assistance of hundreds of vol- retention of our armed forces. I am particularly gratified that during the Island, British Columbia. The efforts of unteers throughout Eastern Iowa. and her crew, as well as other past two years in which I have been Woodrush Thousands of girls’ lives have been rescue units, led to the successful res- privileged to serve as Chairman of the touched and enriched through their ex- cue of all passengers and crew, with no Senate Armed Services Committee I perience with the Conestoga Council. loss of life. Again, I would like to express my have been able to enact some of the In August 1993, Woodrush assisted the congratulations to the Girl Scouts of most substantial quality-of-life en- 248-foot cruise ship, M/V Yorktown Clip- Conestoga Council for reaching this hancements for active, reserve, and re- per, after it ran aground. Woodrush milestone and I wish them all the best tired service members and their fami- crewmembers helped control the flood- as they continue to serve girls in lies in decades. Colonel Arcari played ing and ensured that all 130 passengers Northeast Iowa.∑ an important role in this effort. were taken safely off the vessel. Colonel Arcari’s long and unique ca- Not all of the crew’s adventures were f reer of leadership and personal dedica- at sea. In the summer of 1994, personnel TRIBUTE TO COLONEL PAUL W. tion to fostering readiness by pro- from Woodrush helped extinguish a ARCARI, U.S. AIR FORCE, RETIRED tecting every service member’s welfare dangerous fire in the small community is an inspiration and a continuing les- of Tenakee, Alaska. Their efforts ∑ Mr. WARNER. Mr. President, I rise son to all who care about our men and today to pay tribute to Colonel Paul helped keep the fire from spreading out women of our military. My best wishes of control in the 30-knot winds. Arcari, United States Air Force, Re- go with him. Colonel Arcari, I salute Protection of the environment is yet tired—in recognition of his distin- you on behalf of all the men and another of the Coast Guard’s many guished service to his country. women, past and present, who wear the missions. Over the years, Woodrush has For nearly 46 years, first for 30 years uniform.∑ contributed in many ways, including in the Air Force, and later for The Re- f service as one of the numerous Coast tired Officers Association, Colonel Guard vessels that responded to the Arcari has worked tirelessly for the COAST GUARD CUTTER ‘‘WOODRUSH’’ 1989 Exxon Valdez oil spill in Prince men and women of the military. William Sound. Each year, the Born in Manchester, CT, he entered ∑ Mr. MURKOWSKI. Mr. President, I Woodrush crew has trained to handle the Air Force as a second lieutenant in rise today to honor the men and future accidents. It is reassuring to 1955 and earned his navigator wings the women who have served aboard the know that their skills have not been following year. He amassed 4,400 flying United States Coast Guard Cutter needed to date, but even more so to hours with the Military Airlift Com- Woodrush, WLB 407, homeported in know they have been, like the Coast mand, including 418 combat missions in Sitka, in my own state of Alaska. Guard’s motto, ‘‘Always Ready.’’ Southeast Asia in the late sixties. On March 2, 2001, the USCGC During her 57 years of service, the In 1969 Colonel Arcari was assigned Woodrush will be decommissioned, de- Woodrush and her crew earned several as legislative analyst in the Office of parting for Baltimore, MD. There, she awards, including the Meritorious Unit the Secretary of Defense and Head- is to be transferred to the navy of the Commendation, the American Cam- quarters, U.S. Air Force. During the Republic of Ghana. paign Service Ribbon, the World War II next 17 years, including 13 years as Although she is the youngest of the Service Ribbon, and the National De- Chief of the Air Force Entitlements Di- 39 seagoing buoy tenders constructed fense Medal. Woodrush was a Bronze vision, Colonel Arcari earned the rep- during World War II, the Woodrush has Winner of the Coast Guard Com- utation as the Department of Defense’s logged nearly 57 years of service to our mandant’s Quality Award in both 1997 preeminent authority on military com- nation. and 1998 and, in 1997, she also won the pensation matters. In addition to help- She was built for less than $1 million Coast Guard Foundation’s Admiral ing craft the All-Volunteer Force pay in Duluth, Minnesota, and commis- John B. Hayes Award. The Hayes table and the military Survivor Benefit sioned on September 22, 1944. For thir- Award honors the Pacific Area unit Plan, his inputs to the Senate Armed ty-five years she sailed from Duluth, that best demonstrates the commit- Services Committee proved invaluable servicing aids to navigation, con- ment to excellence and professionalism in crafting the Nunn-Warner compensa- ducting search and rescue missions, embodied in the traditions of the tion enhancements that assisted in and icebreaking on the Great Lakes. United States Coast Guard. turning around the retention and read- In 1979, she began a major refit at the USCGC Woodrush will service her last iness crisis of the late 1970’s and early Coast Guard shipyard in Baltimore. aid to navigation on February 27. To S1392 CONGRESSIONAL RECORD — SENATE February 14, 2001 all the men and women who have Safety Board, of assistance to families of EXECUTIVE AND OTHER served as her crew, I extend my thanks passengers involved in rail passenger acci- COMMUNICATIONS dents. and appreciation. Your faithful atten- The following communications were tion to duty—guiding mariners to safe- H.R. 559. An act to designate the United States courthouse located at 1 Courthouse laid before the Senate, together with ty, aiding citizens in distress, and de- Way in Boston, Massachusetts, as the ‘‘John accompanying papers, reports, and doc- fending all the interests of the United Joseph Moakley United States Courthouse.’’ uments, which were referred as indi- States will be remembered. You have cated: ∑ The message also announced that the truly been Semper Paratus. House passed the following bill, with- EC–632. A communication from the Deputy f out amendment: Associate Administrator of the Environ- mental Protection Agency, transmitting, TRIBUTE TO LAURA STEPHAN S. 279. An act affecting the representation pursuant to law, the report of a rule entitled of the majority and minority membership of ∑ ‘‘Approval and Promulgation of Air Quality Mr. SMITH of New Hampshire. Mr. the Senate Members of the Joint Economic Implementation Plans; District of Columbia, President, I rise today to pay tribute Committee. Maryland, Virginia ; Post Rate-of-Progress to Laura Stephan of Merrimack, New The message further announced the Plans, One-Hour Ozone Attainment Dem- Hampshire, for being honored with the House agreed to the following concur- onstrations and Attainment Date Extension ‘‘President’s Award’’ from the rent resolutions in which it requests for the Metropolitan Washington, D.C. Ozone Merrimack Chamber of Commerce. the concurrence of the Senate: Nonattainment Area; Correction’’ (FRL6943– Laura has served the citizens of 9) received on February 8, 2001; to the Com- H. Con. Res. 28. A concurrent resolution mittee on Environment and Public Works. Merrimack selflessly with enthusiasm providing for a joint session of Congress to EC–633. A communication from the Deputy and loyalty. Her demonstrated ability receive a message from the President. Associate Administrator of the Environ- to continuously provide high quality H. Con. Res. 32. A concurrent resolution mental Protection Agency, transmitting, assistance in all aspects of Chamber ac- providing for a conditional adjournment of pursuant to law, the report of a rule entitled tivities is commendable. the House of Representatives and a condi- ‘‘Water Quality Standards; Establishment of Laura is a graduate from the State tional recess or adjournment of the Senate. Numeric Criteria for Priority Toxic Pollut- University of New York in Albany with The message also announced that ants for the State of California; Correction’’ pursuant to section 1505 of Public Law (FRL6941–1) received on February 8, 2001; to a Liberal Arts degree. She is the Treas- the Committee on Environment and Public urer of the State of New Hampshire 99–498 (20 U.S.C. 4412), the Speaker ap- Works. Women’s Council of Realtors and is an points the following Members of the EC–634. A communication from the Deputy active member of the Nashua Chapter House of Representatives to the Board Associate Administrator of the Environ- of the Women’s Council of Realtors of Trustees of the Institute of Amer- mental Protection Agency, transmitting, who has received the ‘‘Affiliate of the ican Indian Native Culture and Arts pursuant to law, the report of a rule entitled Year Award’’ from the Greater Nashua Development: Mr. YOUNG of Alaska and ‘‘Significant New Uses of Certain Chemical Substances; Delay of Effective Date’’ Mr. KILDEE of Michigan. Board of Realtors. (FRL6769–7) received on February 8, 2001; to Active in numerous community The message further announced that the Committee on Environment and Public projects, Laura has served as the Presi- pursuant to sections 5580 and 5581 of Works. dent of the American Stage Festival the Revised Statutes (20 U.S.C. 42–43), EC–635. A communication from the Deputy Theater Guild and as a member of its the Speaker appoints the following Associate Administrator of the Environ- Board of Trustees. She is also an active Members of the House of Representa- mental Protection Agency, transmitting, member and committee chairperson for tives to the Board of Regents of the pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air Quality Smithsonian Institution: Mr. REGULA Merrimack Friends and Family. Implementation Plans; Maryland; Approval Laura and her husband, Gary, reside of Ohio, Mr. SAM JOHNSON of Texas, and of Opacity Recodifications and Revisions to in Merrimack. She is a passionate vol- Mr. MATSUI of California. Visible Emissions Requirements COMAR unteer for the Humane Society of The message also announced that 26.11.06.02’’ (FRL6916–6) received on February Nashua and is committed to promoting pursuant to section 103 of Public Law 6, 2001; to the Committee on Environment a better quality of life in the commu- 99–371 (20 U.S.C. 4303), the Speaker ap- and Public Works. nity. points the following Member of the EC–636. A communication from the Deputy House of Representatives to the Board Associate Administrator of the Environ- Laura has enthusiastically provided mental Protection Agency, transmitting, dedicated service to her local commu- of Trustees of Gallaudet University: pursuant to law, the report of a rule entitled nity and to the people of New Hamp- Mr. LAHOOD of Illinois. ‘‘Approval and Promulgation of Air Quality shire. It is an honor to represent her in f Implementation Plans; Maryland; New the U.S. Senate.∑ Source Review Regulations’’ (FRL6922–8) re- MEASURES REFERRED ceived on February 6, 2001; to the Committee f The following bills were read the first on Environment and Public Works. MESSAGE FROM THE HOUSE and the second times by unanimous EC–637. A communication from the Deputy Associate Administrator of the Environ- At 2:18 p.m., a message from the consent, and referred as indicated: mental Protection Agency, transmitting, House of Representatives, delivered by H.R. 2. An act to establish a procedure to pursuant to law, the report of a rule entitled Mr. Hays, one of its reading clerks, an- safeguard the combined surpluses of the So- ‘‘Approval and Promulgation of Air Quality nounced that the House has passed the cial Security and Medicare hospital insur- Implementation Plans; Rhode Island; En- ance trust funds; to the Committee on Fi- following bills, in which it requests the hanced Motor Vehicle Inspection and Main- nance. tenance Program’’ (FRL6913–3) received on concurrence of the Senate: H.R. 524. An act to require the Director of February 6 , 2001; to the Committee on Envi- H.R. 2. An act to establish a procedure to the National Institute of Standards and ronment and Public Works. safeguard the combined surpluses of the So- Technology to assist small and medium-sized EC–638. A communication from the Deputy cial Security and Medicare hospital insur- manufacturers and other such businesses to Associate Administrator of the Environ- ance trust funds. successfully integrate and utilize electronic mental Protection Agency, transmitting, H.R. 524. An act to require the Director of commerce technologies and business prac- pursuant to law, the report of a rule entitled the National Institute of Standards and tices, and to authorize the National Institute ‘‘Environmental Program Grants for Tribes , Technology to assist small and medium-sized of Standards and Technology to assess crit- Final Rule: Delay of Effective Date’’ manufacturers and other such businesses to ical enterprise integration standards and im- (FRL6943–5) received on February 6, 2001; to successfully integrate and utilize electronic plementation activities for major manufac- the Committee on Environment and Public commerce technologies and business prac- turing industries and to develop a plan for Works. tices, and to authorize the National Institute enterprise integration for each major manu- EC–639. A communication from the Deputy of Standards and Technology to assess crit- facturing industry; to the Committee on Associate Administrator of the Environ- ical enterprise integration standards and im- Commerce, Science and Transportation. mental Protection Agency, transmitting, plementation activities for major manufac- H.R. 554. An act to establish a program, co- pursuant to law, the report of a rule entitled turing industries and to develop a plan for ordinated by the National Transportation ‘‘Significant New Uses of Certain Chemical enterprise integration for each major manu- Safety Board, of assistance to families of Substances; Delay of Effective Date’’ facturing industry. passengers involved in rail passenger acci- (FRL6769–7) received on February 6, 2001; to H.R. 544. An act to establish a program, co- dents; to the Committee on Commerce, the Committee on Environment and Public ordinated by the National Transportation Science, and Transportation. Works. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1393 EC–640. A communication from the Direc- EC–649. A communication from the Special EC–657. A communication from the Sec- tor of the Office of Congressional Affairs, Of- Assistant to the Bureau Chief, Mass Media retary of the Commission, Bureau of Con- fice of Nuclear Reactor Regulation, Nuclear Bureau, Policy and Rules Division, Federal sumer Protection, Federal Trade Commis- Regulatory Commission, transmitting, pur- Communications Commission, transmitting, sion, transmitting, pursuant to law, the re- suant to law, the report of a rule entitled pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Amplifier Rule 16 C.F ‘‘Guidance on Risk-Informed Decision Mak- ‘‘Review of the Commissions Regulations .R. Part 432’’ (RIN3084–AA81) received on ing in License Amendment Reviews’’ Governing Attribution of Broadcast and February 12, 2001; to the Committee on Com- (RIS2001–02) received on February 12, 2001; to Cable/MDS Interests, MM 94–150; Review of merce, Science, and Transportation. the Committee on Environment and Public the Commission Regulations and Policies Af- EC–658. A communication from the Sec- Works. fecting Investment In the Broadcast Indus- retary of the Commission, Bureau of Com- EC–641. A communication from the Acting try, MM 92–51; Reexamination of the Com- petition, Federal Trade Commission, trans- Director of the Fish and Wildlife Service, De- mission’s Cross-Interest Policy, MM 87–154’’ mitting, pursuant to law, the report of a rule partment of the Interior, transmitting, pur- (FCC No. 00–438) received on February 12, entitled ‘‘Premerger Notification ; Reporting suant to law, the report of a rule entitled 2001; to the Committee on Commerce, and Waiting Period Requirements Interim ‘‘Endangered and Threatened Wildlife and Science, and Transportation. Rules with Request for Comment’’ (RIN3084– Plants; Designation of Critical Habitat for EC–650. A communication from the Special AA23) received on February 12, 2001; to the the Zayante Bad-Winged Grasshopper’’ Assistant to the Bureau Chief, Mass Media Committee on Commerce, Science, and (RIN1018–AG28) received on February 12, 2001; Bureau, Policy and Rules Division, Federal Transportation. to the Committee on Environment and Pub- Communications Commission, transmitting, EC–659. A communication from the Pro- lic Works. pursuant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- EC–642. A communication from the Acting ‘‘Creation of Low Power Radio Service’’ ministration, Department of Transportation, Director of the Fish and Wildlife Service, Di- (Docket No. 99–25) received on February 12, transmitting, pursuant to law, the report of vision of Endangered Species, Department of 2001; to the Committee on Commerce, a rule entitled ‘‘Establishment of Class E the Interior, transmitting, pursuant to law, Science, and Transportation. Airspace; Indian Mountain, AK’’ ((RIN2120– the report of a rule entitled ‘‘Endangered EC–651. A communication from the Chief of AA66)(2001–0030)) received on February 12, and Threatened Wildlife and Plants; Final the Policy and Rules Division, Office of En- 2001; to the Committee on Commerce, Determination of Critical Habitat for the gineering and Technology, Federal Commu- Science, and Transportation. Morro Shoulderband Snail’’ (RIN1018–AG27) nications Commission, transmitting, pursu- EC–660. A communication from the Chief of received on February 12, 2001; to the Com- ant to law, the report of a rule entitled the Office of Regulations and Administrative mittee on Environment and Public Works. ‘‘Amendment of Part 2 of the Commission’s Law, United States Coast Guard, Depart- EC–643. A communication from the Direc- Rules to Allocate Additional Spectrum to ment of Transportation, transmitting, pur- tor of the Fish and Wildlife Service, Depart- the Inter-Satellite, Fixed, and Mobile Serv- suant to law, the report of a rule entitled ment of the Interior, transmitting, pursuant ices and to Permit Unlicensed Devices to Use ‘‘Regattas and Marine Parades’’ ((RIN2115– to law, the report of a rule entitled ‘‘Endan- Certain Segments in the 50 .2–50.4 GHz and AF17)(2001–0001)) received on February 12, gered and Threatened Wildlife and Plants; 51.4–71.0 GHz Bands’’ (Docket No. 99–261) re- 2001; to the Committee on Commerce, Science, and Transportation. Threatened Status for Mountain Plover’’ ceived on February 12, 2001; to the Com- EC–661. A communication from the Chief of (RIN1018–AF35) received on February 12, 2001; mittee on Commerce, Science, and Transpor- the Network Services Division, Common to the Committee on Environment and Pub- tation. Carrier Bureau, Federal Communications lic Works. EC–652. A communication from the Chief of Commission, transmitting, pursuant to law, EC–644. A communication from the Direc- the Policy and Rules Division, Office of En- the report of a rule entitled ‘‘Numbering Re- tor of the Fish and Wildlife Service, Depart- gineering and Technology, Federal Commu- source Optimization, Second Report and ment of the Interior, transmitting, pursuant nications Commission, transmitting, pursu- Order, Order on Reconsideration in CC Dock- to law, the report of a rule entitled ‘‘Endan- ant to law, the report of a rule entitled et No. 96–98 and CC Docket No. 99–200, FCC gered and Threatened Wildlife and Plants; ‘‘Amendment of the Commission’s Rules 00–429’’ received on February 12, 2001; to the Final Designation of Critical Habitat for the With Regard to the 3650–3700 MHz Govern- Committee on Commerce, Science, and Arroyo Toad’’ (RIN1018–AG15) received on ment Transfer Band’’ (Docket No. 98–237) re- Transportation. February 12, 2001; to the Committee on Envi- ceived on February 12, 2001; to the Com- EC–662. A communication from the Deputy ronment and Public Works. mittee on Commerce, Science, and Transpor- Chief of the Network Service Division, Com- EC–645. A communication from the Special tation. mon Carrier Bureau, Federal Communica- Assistant to the Bureau Chief, Mass Media EC–653. A communication from the Chief of tions Commission, transmitting, pursuant to Bureau, Federal Communications Commis- the Policy and Rules Division, Office of En- law, the report of a rule entitled ‘‘In the sion, transmitting, pursuant to law, the re- gineering and Technology, Federal Commu- Matter of 2000 Biennial Regulatory Review of port of a rule entitled ‘‘Amendment of Sec- nications Commission, transmitting, pursu- Part 68 of the Commission’s Rules and Regu- tion 73.622(b), Table of Allotments, DTV ant to law, the report of a rule entitled lations’’ (Docket No. 99–216) received on Feb- Broadcast Stations (Charlotte, NC)’’ (Docket ‘‘Amendment of Parts 2 and 25 of the Com- ruary 12, 2001; to the Committee on Com- No. 00–178) received on February 12, 2001; to mission’s Rules to Permit Operation of merce, Science, and Transportation. the Committee on Commerce, Science, and NGSO FSS Systems Co-Frequency with GSO EC–663. A communication from the Chief of Transportation. and Terrestrial Systems in the Ku-Band Fre- the Office of Regulations and Administrative EC–646. A communication from the Special quency Range’’ (Docket No. 98–206) received Law, United States Coast Guard, Depart- Assistant to the Bureau Chief, Mass Media on February 12, 2001; to the Committee on ment of Transportation, transmitting, pur- Bureau, Federal Communications Commis- Commerce, Science, and Transportation. suant to law, the report of a rule entitled sion, transmitting, pursuant to law, the re- EC–654. A communication from the Senior ‘‘Drawbridge Regulations; Hillsborogh River port of a rule entitled ‘‘Amendment of Sec- Transportation Analyst, Office of the Sec- (CGD07–01–002)’’ (RIN2115–AE47) received on tion 73.202(b), Table of Allotments, FM retary of Transportation, Department of February 12, 2001; to the Committee on Com- Broadcast Stations (Columbia City, Flor- Transportation, transmitting, pursuant to merce, Science, and Transportation. ida)’’ (Docket No. 97–252) received on Feb- law, the report of a rule entitled ‘‘Update of EC–664. A communication from the Deputy ruary 12, 2001; to the Committee on Com- Drug and Alcohol Procedural Rules (Section Assistant Chief Counsel of the Federal Rail- merce, Science, and Transportation. 610 Review)’’ (RIN2105–AC49) received on Feb- road Administration, Department of Trans- EC–647. A communication from the Special ruary 12, 2001; to the Committee on Com- portation, transmitting, pursuant to law, the Assistant to the Bureau Chief, Mass Media merce, Science, and Transportation. report of a rule entitled ‘‘Power Brake Regu- Bureau, Federal Communications Commis- EC–655. A communication from the Senior lations: Freight Power Brake Revisions: sion, transmitting, pursuant to law, the re- Transportation Analyst, Office of the Sec- Delay of Effective Date’’ (RIN2130–AB16) re- port of a rule entitled ‘‘Implementation of retary of Transportation, Department of ceived on February 12, 2001; to the Com- Video Description of Video Programming, Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Report and Order’’ (Docket No. 99–339) re- law, the report of a rule entitled ‘‘Update of tation. ceived on February 12, 2001; to the Com- Drug and Alcohol Procedural Rules (Section EC–665. A communication from the Asso- mittee on Commerce, Science, and Transpor- 610 Review)’’ (RIN2105–AC49) received on Feb- ciate Bureau Chief of the Wireless Tele- tation. ruary 12, 2001; to the Committee on Com- communications Bureau, Policy Division, EC–648. A communication from the Special merce, Science, and Transportation. Federal Communications Commission, trans- Assistant to the Bureau Chief, Mass Media EC–656. A communication from the Sec- mitting, pursuant to law, the report of a rule Bureau, Policy and Rules Division, Federal retary of the Commission, Bureau of Con- entitled ‘‘Revision of the Commission’s Communications Commission, transmitting, sumer Protection, Federal Trade Commis- Rules to Ensure Compatibility with En- pursuant to law, the report of a rule entitled sion, transmitting, pursuant to law, the re- hanced 911 Emergency Calling Systems’’ ‘‘Implementation of Video Description of port of a rule entitled ‘‘Guides for the Jew- (Docket No. 94–102) received on February 12, Video Programming’’ ((Docket No. 99– elry , Precious Metals and Industries, 16 2001; to the Committee on Commerce, 339)(FCC No. 01–7)) received on February 12, C.F.R. Part 23’’ received on February 12, 2001; Science, and Transportation. 2001; to the Committee on Commerce, to the Committee on Commerce, Science, EC–666. A communication from the Assist- Science, and Transportation. and Transportation. ant Chief Counsel for Hazardous Materials S1394 CONGRESSIONAL RECORD — SENATE February 14, 2001 Safety, Research and Special Programs Ad- up-to-date school library media resources districts, and for other purposes; to the Com- ministration, Department of Transportation, and well-trained, professionally certified mittee on Health, Education, Labor, and transmitting, pursuant to law, the report of school library media specialists for elemen- Pensions. a rule entitled ‘‘Harmonization with the tary schools and secondary schools, and for f United National Recommendations, Inter- other purposes; to the Committee on Health, national Maritime Dangerous Goods Code, Education, Labor, and Pensions. SUBMISSION OF CONCURRENT AND and International Civil Aviation Organiza- By Ms. SNOWE (for herself, Mr. KERRY, SENATE RESOLUTIONS tion’s Technical Instructions’’ (RIN2137– Mr. MCCAIN, Mr. HOLLINGS, and Mr. The following concurrent resolutions AD41) received on February 12, 2001; to the BREAUX): and Senate resolutions were read, and Committee on Commerce, Science, and S. 328. A bill to amend the Coastal Zone Transportation. Management Act; read the first time. referred (or acted upon), as indicated: EC–667. A communication from the Trial By Mr. AKAKA (for himself, Mr. By Mr. SPECTER (for himself, Mrs. Attorney for the Federal Railroad Adminis- INOUYE, and Mr. GRAHAM): BOXER, Mr. SANTORUM, Mr. MUR- tration, Department of Transportation, S. 329. A bill to require the Secretary of KOWSKI, Mr. COCHRAN, Mr. JOHNSON, transmitting, pursuant to law, the report of the Interior to conduct a theme study on the Mrs. MURRAY, Mr. FITZGERALD, Mr. a rule entitled ‘‘Locational Requirement for peopling of America, and for other purposes; SCHUMER, Mr. HARKIN, Mr. REED, Mr. Dispatching of United States Rail Oper- to the Committee on Energy and Natural Re- SARBANES, Mr. THOMAS, Mr . LUGAR, ations’’ (RIN2130–AB38) received on February sources. Mr. LIEBERMAN, Ms. SNOWE, Mr. 12, 2001; to the Committee on Commerce, By Mr. TORRICELLI: BIDEN, Mr. BYRD, Mr. SHELBY, Mr. Science, and Transportation. S. 330. A bill to expand the powers of the INOUYE, Mr. DURBIN, Mr. JEFFORDS, Secretary of the Treasury to regulate the Mr. GREGG, Ms. MIKULSKI, Mr. SMITH f manufacture, distribution, and sale of fire- of New Hampshire, Mrs. FEINSTEIN, INTRODUCTION OF BILLS AND arms and ammunition, and to expand the ju- Mr. KENNEDY, Mr. CLELAND, Mr. JOINT RESOLUTIONS risdiction of the Secretary to include fire- KERRY, Mr. DODD, Mr. GRAHAM, Mr. arm products and non-powder firearms; to TORRICELLI, Mr. INHOFE, Mr. ROCKE- The following bills and joint resolu- the Committee on the Judiciary. FELLER, Mr. WARNER, Mr. LEVIN, Mr. tions were introduced, read the first By Mr. BIDEN (for himself, Mr. KERRY, DEWINE, Mr. BINGAMAN, Mr. BEN- and second times by unanimous con- and Ms. MIKULSKI): NETT, Mr. KOHL, Mr. STEVENS, Mr. sent, and referred as indicated: S. 331. A bill to amend the Internal Rev- DOMENICI, Mr. THOMPSON, Mr. GRASS- enue Code of 1986 to incorporate certain pro- By Mr. THOMAS (for himself and Mr. LEY, Mr. SMITH of Oregon, Mr. SES- visions of the Women’s Health and Cancer SIONS, Mr. HAGEL, Mr. ENZI, Mr. HELMS): Rights Act of 1998; to the Committee on Fi- S. 322. A bill to limit the acquisition by the BREAUX, Mr. EDWARDS, Mr. CORZINE, nance. United States of land located in a State in Mrs. HUTCHISON, and Mr. REID): By Mr. DeWINE (for himself and Mr. S. Res. 20. A resolution designating March which 25 percent or more of the land in that REID): 25, 2001, as ‘‘Greek Independence Day: A Na- State is owned by the United States; to the S. 332. A bill to provide for a study of anes- tional Day of Celebration of Greek and Committee on Energy and Natural Re- thesia services furnished under the medicare American Democracy″; to the Committee on sources. program, and to expand arrangements under the Judiciary. By Mr. SCHUMER: which certified registered nurse anesthetists By Mr. McCAIN (for himself, Mr. S. 323. A bill to amend the Elementary and may furnish such services; to the Committee LEAHY, Mr. LOTT, and Mr. Secondary Education Act of 1965 to establish on Finance. LIEBERMAN): scholarships for inviting new scholars to par- By Mr. LUGAR (for himself, Mr. ROB- S. Res. 21. A resolution directing the Ser- ticipate in renewing education, and mentor ERTS, Mr. MCCONNELL, and Mr. geant-at-Arms to provide Internet access to teacher programs; to the Committee on BURNS): certain Congressional documents, including Health, Education, Labor, and Pensions. S. 333. A bill to provide tax and regulatory certain Congressional Research Service pub- By Mr. SHELBY: relief for farmers and to improve the com- lications, Senate lobbying and gift report fil- S. 324. A bill to amend the Gramm-Leach- petitiveness of American agricultural com- ings, and Senate and Joint Committee docu- Bliley Act, to prohibit the sale and purchase modities and products in global markets; to ments; to the Committee on Rules and Ad- of the social security number of an indi- the Committee on Finance. ministration. vidual by financial institutions, to include By Mr. FRIST (for himself, Mr. WYDEN, By Mr. HUTCHINSON (for himself, Mr. social security numbers in the definition of Mr. SESSIONS, and Mr. WARNER): WELLSTONE, Mr. HELMS, Mr. nonpublic personal information, and for S. 334. A bill to provide for a Rural Edu- TORRICELLI, Ms. COLLINS, Mr. DAY- other purposes; to the Committee on Bank- cation Initiative; to the Committee on TON, Mr. SMITH of New Hampshire, ing, Housing, and Urban Affairs. Health, Education, Labor, and Pensions. Mr. KYL, Mr. SPECTER, Mr. FEINGOLD, By Mr. FRIST (for himself, Mr. By Mr. McCONNELL (for himself, Mr. Mr. HARKIN, and Mr. SANTORUM): DEWINE, Mr. DURBIN, Mrs . MURRAY, GRAHAM, Mr. BUNNING , Mr. DEWINE, S. Res. 22. A resolution urging the appro- and Mr. THURMOND): Mr. WARNER, and Mr. LUGAR): priate representative of the United States to S. 325. A bill to establish a congressional S. 335. A bill to amend the Internal Rev- the United Nations Commission on Human commemorative medal for organ donors and enue Code of 1986 to provide an exclusion Rights to introduce at the annual meeting of their families; to the Committee on Bank- from gross income for distributions from the Commission a resolution calling upon ing, Housing, and Urban Affairs. qualified State tuition programs which are the Peoples Republic of China to end its By Ms. COLLINS (for herself, Mr. used to pay education expenses, and for human rights violations in China and Tibet, BOND, Mr. KERRY, Mr. REED, Mr. JEF- other purposes; to the Committee on Fi- and for other purposes; to the Committee on FORDS, Mr. ROBERTS, Mr. LEVIN, Mr . nance. Foreign Relations. HUTCHINSON, Mrs. MURRAY, Mr. ENZI, By Mr. BOND: By Mr. CLELAND (for himself, Mr. Ms. MIKULSKI, Mr. SMITH of New S. 336. A bill to amend the Internal Rev- MILLER, and Mr. HOLLINGS): Hampshire, Mr. SANTORUM, Mr. enue Code of 1986 to allow use of cash ac- S. Res. 23. A resolution expressing the CHAFEE, Mr. DEWINE, Mr. HELMS, counting method for certain small busi- sense of the Senate that the President Mrs. HUTCHISON, Mr. SPECTER, Mr. nesses; to the Committee on Finance. should award the Presidential Medal of Free- MURKOWSKI, Ms. SNOWE, Mr. WARNER, By Mr. DOMENICI: dom posthumously to Dr. Benjamin Elijah Mr. GREGG, Mrs. CARNAHAN, Mr. S. 337. A bill to amend the Elementary and Mays in honor of his distinguished career as LUGAR, and Mr. COCHRAN): Secondary Education Act of 1965 to assist an educator, civil and human rights leader, S. 326. A bill to amend title XVIII of the State and local educational agencies in es- and public theologian; to the Committee on Social Security Act to eliminate the 15 per- tablishing teacher recruitment centers, the Judiciary. cent reduction in payment rates under the teacher internship programs, and mobile pro- By Mr. SANTORUM (for himself, Mr. prospective payment system for home health fessional development teams, and for other HUTCHINSON, Mr. DOMENICI, Mr. services and to permanently increase pay- purposes; to the Committee on Health, Edu- VOINOVICH, and Mr. COCHRAN): ments for such services that are furnished in cation, Labor, and Pensions. S. Res. 24. A resolution honoring the con- rural areas; to the Committee on Finance. By Mr. ENSIGN (for himself and Mr. tributions of Catholic schools; to the Com- By Mr. REED (for himself, Mr. COCH- REID): mittee on Health, Education, Labor, and RAN, Mr. KENNEDY, Mr . DODD, Mr. S. 338. A bill to protect amateur athletics Pensions. BINGAMAN, Mr. WELLSTONE, Mrs. and combat illegal sports gambling; to the By Mrs. FEINSTEIN (for herself, Mr. MURRAY, Ms. MIKULSKI, Mrs. CLIN- Committee on the Judiciary. CRAIG, Mr. BINGAMAN, and Mr. TON, Mr. CHAFEE , Mr. ROCKEFELLER, By Mr. WYDEN (for himself, Mr. FRIST, CRAPO): Mr. REID, Mr. SARBANES, and Mr. Mr. SESSIONS, Mr. BREAUX, Ms. S. Con. Res. 11. A concurrent resolution ex- BAUCUS): LANDRIEU, and Mr. BAYH): pressing the sense of Congress to fully use S. 327. A bill to amend the Elementary and S. 339. A bill to provide for improved edu- the powers of the Federal Government to en- Secondary Education Act of 1965 to provide cational opportunities in rural schools and hance the science base required to more fully February 14, 2001 CONGRESSIONAL RECORD — SENATE S1395 develop the field of health promotion and land in our States—in my State, 50 per- private property owners and use re- disease prevention, and to explore how strat- cent of the State—belongs to the Fed- straint in terms of land acquisition. egies can be developed to integrate lifestyle eral Government. Even though every- The no net loss of private lands acqui- improvement programs into national policy, one wants to protect the lands, and sition bill will provide that discipline. our health care system, schools, workplaces, families and communities; to the Committee that is an obligation we all have, we As I mentioned, this amendment does on Health, Education, Labor, and Pensions. also have an opportunity for the most not limit the ability to acquire pristine By Mr. DURBIN (for himself, Mr. part to use these lands in multiple use. or special areas in the future, areas FRIST, Mr. KENNEDY, Mr . SANTORUM, We should be able to have both access that have a particular use and that use Mr. SPECTER, Mr. DORGAN, Ms. MI- for hunting, fishing, grazing, for visita- should be under Federal ownership. KULSKI, Mr. DEWINE, Mr. HAGEL, Mr. tion and camping, and use the lands for They can continue to acquire more KERRY, Ms. COLLINS, Mrs. FEINSTEIN, other economic activity in such a way land in many areas. But in order to do Mr. WELLSTONE, Mr. LEVIN, Mr. that we can protect the environment. that, as I mentioned, there would have BIDEN, Mr. CLELAND, Mr. FEINGOLD, What we have run into from time to to be some trading. Mr. ENZI, Ms. LANDRIEU, Mr. ROCKE- Regarding the Federal land owner- FELLER, Mr. INOUYE, Mr. TORRICELLI, time is the effort to lock up the public Mr. GRAHAM, Mr. REID, Mrs. CLINTON, lands and restrict access. We find this ship pattern, I suppose many people ex- Mr. DODD, Mr. BREAUX, Mr. KOHL, and happening in a number of ways, includ- pected more, but in Alaska almost 68 Mrs. LINCOLN): ing excessive emphasis on roads, where percent of the State belongs to the S. Con. Res. 12. A concurrent resolution ex- people cannot have access to the lands Federal Government. Even in Arizona, pressing the sense of Congress regarding the they occupy. as highly populated as it is, almost importance of organ, tissue, bone marrow, Interestingly enough, we hear from half, 47 percent, is Federally owned. In and blood donation, and supporting National all kinds of people. Often they say it is Colorado, it is 36 percent; in Idaho, 61 Donor Day; considered and agreed to. percent of the State is in Federal own- By Mr. DEWINE (for himself, Mr. the oil companies. As a matter of fact, ership; the number in Montana is 28 HELMS, Mr. DODD, Mr. MCCAIN, Mr. it is often disabled veterans. For exam- LOTT, Ms. LANDRIEU, Mr. GRASSLEY, ple, they say they would like to go into percent, and Nevada is 83 percent feder- Mr. BREAUX, Mr. CHAFEE, Mr. the back country and get into some of ally owned. Really, you could make a VOINOVICH, and Mr. LEAHY): the public lands, but if we don’t have case that much of this land could be S. Con. Res. 13. A concurrent resolution ex- highway access for doing that, it is im- better managed by local or State gov- pressing the sense of Congress with respect possible. ernments or if it were in the private to the upcoming trip of President George W. This setting aside and this decision- sector. In New Mexico, the percentage Bush to Mexico to meet with the newly making that comes from the top down of Federal land ownership is 33 percent; elected President Vicente Fox, and with re- Oregon, 52; Utah, 64; Washington, 29; spect to future cooperative efforts between creates great hardships for many local the United States and Mexico; considered communities, destroys jobs, and de- and Wyoming, 49 percent. and agreed to. presses the economy in many places So we are talking about providing an By Mr. CAMPBELL (for himself and around the West. As we provide funds— opportunity for the Federal Govern- Mr. KOHL): and there is always a proposition to ment to continue to acquire those S. Con. Res. 14. A concurrent resolution provide automatic funding for acquisi- lands if there is good reason to do that, recognizing the social problem of child abuse tion—it threatens the culture, it but to recognize the impact that it and neglect, and supporting efforts to en- threatens the economics of many of does have on private ownership, on the hance public awareness of it; to the Com- economy, and on the culture of the mittee on Health, Education, Labor, and our States and local governments, and the rights of individual property own- states. We have some offsets. Pensions. In our State, we have 23 counties. ers throughout the Nation. Even this f They are quite different, but in some of proposed language would put con- those counties—for instance, my home STATEMENTS ON INTRODUCED straints on mandatory spending and county, ark County, Cody, WY, which BILLS AND JOINT RESOLUTIONS Federal land acquisition. If we don’t do is right outside of Yellowstone Park— By Mr. THOMAS (for himself and that, we will see it increasing at a fast- 82 percent of that county belongs to Mr. HELMS): er and faster pace. S. 322. A bill to limit the acquisition How does it work? The bill limits the the Federal Government. In Teton County, next to Yellowstone, It is 96 by the United States of land located in amount of private land the Federal percent. Four percent of Teton’s land is a State in which 25 percent or more of Government acquires in States where in non-Federal ownership. the land in that State is owned by the 25 percent or more now belongs to the I think this is a reasonable thing to United States; to the Committee on Federal Government. When a Federal do. It certainly does not preclude the Energy and Natural Resources. Government has reason, and they will acquisition of lands the Federal Gov- Mr. THOMAS. Mr. President, I rise have reasons to purchase 100 acres or ernment has a good reason to acquire. today to introduce the no net loss of more, it will require disposing of an It simply says if you want to acquire private lands bill. This legislation has equal value of amount away from Fed- some, let’s take a look at the other 50 to do with acquisition of lands by the eral ownership. If there is 40-percent percent that you already own of the Federal Government, particularly Federal ownership in your State, and State and see if we can’t dispose of lands to be acquired by the Federal there were good reasons to acquire something in equal value. Government in the West. This is a com- more, there would have to be an ex- monsense proposal, I believe, to Fed- change of lands so the 40-percent factor By Mr. SHELBY: eral land acquisitions in public land continues. S. 324. A bill to amend the Gramm- States of the West. Fifty percent of Wyoming and much Leach-Bliley Act, to prohibit the sale The Federal Government continues of the West is already owned by the and purchase of the social security to acquire large amounts of land Federal Government. Many people number of an individual by financial throughout the Nation. In many in- throughout the country don’t realize institutions, to include social security stances, it is justified. There are many that. They know about Yellowstone numbers in the definition of nonpublic reasons why land should be acquired, Park. But much of the State was left in personal information, and for other but there does become a question of Federal ownership when the homestead purposes; to the Committee on Bank- how much land in any given State will proposition was completed and these ing, Housing, and Urban Affairs. belong to the Federal Government. lands were never really set aside for Mr. SHELBY. Mr. President, I rise In almost every State, officials and value of the land. They were just there today to introduce the Social Security concerned citizens are saying we need when this homestead stopped. They Privacy Act of 2001. This legislation to address this question of public land came under Federal ownership, not be- would prohibit the sale and purchase of needs before we continue to increase cause of any particular reason but be- an individual’s Social Security number the holdings of the Federal Govern- cause that is the way it was at that by financial institutions and include ment. The Federal Government is not time. Social Security numbers as ‘‘nonpublic always the best neighbor of the people I think it is time for the Federal personal information’’ thereby sub- in the West, largely because so much Government to make a move to protect jecting the sharing of Social Security S1396 CONGRESSIONAL RECORD — SENATE February 14, 2001 numbers to the privacy protections of dissemination of vast amounts of per- ten years ago. However, the demand for the Gramm-Leach-Bliley Act. sonal information easier and cheaper. transplants has skyrocketed, more I believe Congress has a duty to stop The longer we wait to act on this very than tripling in the past ten years. Social Security numbers from being important issue—an issue that is sup- As a heart and lung transplant sur- bought and sold like some common ported by a vast majority of Ameri- geon, I saw one in four of my patients commodity. While the Social Security cans—the more the American people die because of the lack of available do- number was created by the federal gov- lose confidence in the U.S. Congress nors, and more and more patients wait- ernment to track workers’ earnings and out ability to lead. ing for an organ transplant die each and eligibility for Social Security ben- This legislation would basically pro- year before they can receive an organ. efits, we all recognize that it has be- hibit the sale and purchase of an indi- More than 6000 patients died in 1999 be- come something much more than that. vidual’s Social Security number. I do fore they could receive a transplant. The number is now the key to just not know anyone in this country that Since 1988, more than 38,000 patients about all the personal information con- believes financial institutions should have died because of the lack of organ cerning an individual. be making a profit by trafficking indi- donors. There are simply not enough There was never any intention or vidual’s Social Security numbers. organ donors; public awareness has not consideration for financial institutions While financial institutions have used kept up with the rapid advances of to use a person’s social security num- the Social Security number as an iden- transplantation. It is our duty to do all ber as a universal access number. Such tifier, the sale and purchase of these we can to raise awareness about the easy access and extreme availability of numbers facilitates criminal activity gift of life. personal information leads to adverse and can result in significant invasions Last fall, the Department of Health consequences including fraud, abuse, of individual privacy. and Human Services announced an in- identity theft and in the most extreme In addition, my legislation would in- crease of nearly 4 percent in organ do- cases—staking and death. clude Social Security numbers as ‘‘non- nation levels. While I was pleased to While Congress waits to act, the public personal information’’ for the see this news, this is only a small step number of incidents involving identity purpose of the Gramm-Leach-Bliley towards addressing our nation’s organ theft are rapidly increasing. In fact, Act, thereby subjecting the sharing of shortage. Much more remains to be last year the Washington Post, re- Social Security numbers to the privacy done. ported that ‘‘ID Theft Becoming Public protections in that Act. Current regu- The Gift of Life Congressional Medal Fear No. 1.’’ The New York Times lations say that Social Security num- Act will make each donor or donor noted that, ‘‘Law enforcement authori- bers are not considered nonpublic per- family eligible to receive a commemo- ties are becoming increasingly worried sonal information if the number is rative Congressional medal. This cre- about a sudden, sharp rise in the inci- ‘‘publicly available,’’ as in bankruptcy ates a tremendous opportunity to dence of identity theft, the outright filings, etc. honor those sharing life through dona- pilfering of peoples personal informa- I just cannot find a reason as to why tion and increase public awareness of tion for use in obtaining credit cards, Congress should aid and abet criminals this issue. loans and other goods.’’ in attaining individual Social Security Recent years have witnessed a tre- Not only is identity theft happening numbers by having a law on the books mendous coalescing on both sides of more often, recent events confirm that that treats Social Security numbers as the aisle around the importance of no one is immune from this problem. ‘‘public information.’’ Indeed, no Amer- awakening public compassion and Just last month, a California man was ican would agree the public good is awareness of those needing organ convicted of using Tiger Woods’ Social being served by making their personal transplants. I appreciate the growing Security number to obtain credit cards Social Security number available for support for this issue and look forward that he used to run up more than anyone who wants to see it. to working with my colleagues to en- $17,000 in charges in Mr. Woods’ name. For those of you who are concerned courage people to give life to others. Identity theft can affect anyone. It is that this legislation would hinder a fi- extremely serious. It costs our econ- nancial holding company from sharing By Ms. COLLINS (for herself, Mr. omy hundreds of millions of dollars information among its affiliates, fear BOND, Mr. KERRY, Mr. REED, each year. Once it occurs, it is very dif- not. This legislation does not limit a fi- Mr. JEFFORDS, Mr. ROBERTS, ficult for the victim to restore his or nancial institution’s ability to share Mr. LEVIN, Mr. HUTCHINSON, her good name and credit rating. The an individual’s Social Security number Mrs. MURRAY, Mr. ENZI, Ms. MI- incidences of identity theft are growing among affiliates in any way. KULSKI, Mr. SMITH of New at an ever increasing pace. I hope my colleagues will join me in Hampshire, Mr. SANTORUM, Mr. Now, how does identity theft relate protecting the Social Security num- CHAFEE, Mr. DEWINE, Mr. to the average financial institution? In bers. HELMS, Mrs. HUTCHISON, Mr. 1999, a reputable Fortune 500 company, SPECTER, Mr. MURKOWSKI, Ms. U.S. Bancorp, legally sold account in- By Mr. FRIST (for himself, Mr. SNOWE, Mr. WARNER, Mr. formation—including Social Security DEWINE, Mr. DURBIN, Mrs. MUR- GREGG, Mrs. CARNAHAN, Mr. numbers—of one million of its cus- RAY, and Mr. THURMOND): LUGAR, and Mr. COCHRAN): tomers to MemberWorks, a tele- S. 325. A bill to establish a congres- S. 326. A bill to amend title XVIII of marketer of membership programs that sional commemorative medal for organ the Social Security Act to eliminate offer discounts on such things as travel donors and their families; to the Com- the 15 percent reduction in payment to health care services. Now some may mittee on Banking, Housing, and rates under the prospective payment believe we stopped such activity by in- Urban Affairs. system for home health services and to cluding a provision, Section 502 (d), in Mr. FRIST. Mr. President, I am permanently increase payments for the Gramm-Leach-Bliley Act limiting pleased today to introduce the Gift of such services that are furnished in the ability of institutions to share ac- Life Congressional Medal Act of 2001. rural areas; to the Committee on Fi- count information with telemarketers. This legislation, which does not cost nance. That provision, however, does not taxpayers a penny, will recognize the Ms. COLLINS. Mr. President, I am stop a financial institution from buy- thousands of individuals each year who pleased to join with Senators BOND, ing and selling individual Social Secu- share the gift of life through organ do- REED, JEFFORDS, KERRY, ROBERTS, rity numbers. Indeed, it is even legal to nation. Moreover, it will encourage po- MURRAY, HUTCHINSON, LEVIN, ENZI, MI- sell individual’s birth date, and moth- tential donors and enhance public KULSKI, SANTORUM, HUTCHISON, CHAFEE, er’s maiden name. If you have those awareness of the importance of organ DEWINE, HELMS, SPECTER, MURKOWSKI, three things, you have the keys to the donation to the over 74,000 Americans WARNER, BOB SMITH, LUGAR, SNOWE, kingdom—not to mention any and waiting for a transplant. and others in introducing the Home every account that individual has. In 1999, there were almost 22,000 Care Stability Act of 2001 to eliminate The evolution of technology is mak- transplants—a large increase over the the automatic 15 percent reduction in ing the collection, aggregation, and roughly 13,000 transplants performed Medicare payments to home health February 14, 2001 CONGRESSIONAL RECORD — SENATE S1397 agencies that is currently scheduled to that are experiencing acute financial Last year we passed legislation, the go into effect on October 1, 2002. The difficulties and cashflow problems. Medicare, Medicaid, and S-CHIP Bene- legislation we are introducing this These financial difficulties are inhib- fits Improvement and Protection Act, morning will also extend the tem- iting their ability to deliver much which did provide a small measure of porary 10 percent add-on payment for needed care. Approximately 3,300 home relief to our Nation’s struggling home home health patients in rural areas to health agencies have either closed or health agencies. It did, for example, ensure that these patients continue to stopped serving Medicare patients na- delay by another year the 15-percent have access to care. tionwide—3,300, Mr. President. That is cut I have discussed this morning, but Health care has gone full circle. Pa- how deep these cuts were. I do not think that goes far enough. tients are spending less time in the Moreover, the Health Care Financing The automatic reduction should be hospital. More and more procedures are Administration estimates that 900,000 eliminated completely. We do not need being done on an outpatient basis, and fewer home health patients received it to achieve the savings estimated by recovery and care for patients with services in 1999 than in 1997. This the Balanced Budget Act. Those have chronic diseases and conditions has in- points to the most central and impor- already been far surpassed, and the im- creasingly been taking place in the tant consequence of these cuts. The plications for health care for some of home. Moreover, the number of older fact is that cuts of this magnitude sim- our most frail and ill senior citizens Americans who are chronically ill or ply cannot be sustained without ad- are enormous. disabled in some way continues to grow versely affecting the quality and avail- The fact is, an additional 15-percent each year. ability of patient care. cut in Medicare home health payments Concerns about how to care effec- The effects of these regulations and would ring the death knell for those tively and compassionately for these cuts have been particularly dev- low-cost agencies which are currently individuals will only multiply as our astating in my home State of Maine. struggling to hang on, and it would fur- population ages and as it is at greater The number of home health patients in ther reduce our seniors’ access to crit- risk for chronic disease and disability. Maine dropped from almost 49,000 to ical home care services. As a consequence, home health care 37,545. That is a change of 23 percent. This is the fourth year we have has become an increasingly important This means there are 11,000 senior citi- fought this battle. To simply keep de- part of our health care system. The zens or disabled citizens in Maine who laying this cut by yet another year is kind of highly skilled and often tech- are no longer receiving home health to leave a sword of Damocles hanging nically complex services that our Na- services. over our home health system. It makes tion’s home health agencies provide What has happened to those 11,000 in- it very difficult for our home health have enabled millions of our most frail dividuals? I have talked with patients, agencies to plan how they are going to and vulnerable senior citizens to avoid and I have talked with home health serve their Medicare patients in the fu- hospitals and nursing homes and to re- nurses throughout the State of Maine, ture. It encourages them to turn away ceive the care they need just where and I found that many of these pa- patients who are going to be very ex- they want to be: in the security, pri- tients have ended up going into nursing pensive to care for, and it forces us to vacy, and comfort of their own homes. homes prematurely. Others have been spend valuable time, energy, and re- By the late 1990s, home health care repeatedly hospitalized with problems was the fastest growing component of sources fighting for repeal every single Medicare spending. The program was that could have been avoided had they year—time and resources that would growing at an average annual rate of 25 been continuing to receive their home far better be spent ensuring the success percent. For this reason, Congress and health benefits. Still others are trying of the Medicare home health prospec- the administration, as part of the Bal- to pay for the care themselves, often tive payments system. The legislation we are introducing anced Budget Act of 1997, initiated on very limited means. And yet others today would once and for all eliminate changes that were intended to slow the are going without care altogether. growth in spending and make the pro- A home health nurse in Saco, ME, the automatic cut. It would also make gram more cost-effective and efficient. told me of a patient who she believes permanent the temporary 10-percent These measures, however, have un- ultimately died because she lost her add-on for home health services fur- fortunately produced cuts in home home health benefits. She lost those nished patients in rural areas. That health care spending that were far, far nurses coming to check on her condi- was included in the legislation last beyond what Congress ever intended. tion. The result was that she developed year. We would make it permanent. According to preliminary estimates by an infection that the home health As the Presiding Officer well knows, the CBO, home health care spending nurse undoubtedly would have caught. it is sometimes very expensive for dropped to $9.2 billion last year, half The result was a tragedy in this case. home health agencies to deliver serv- the amount that was being spent just 3 We have seen a 40-percent drop in the ices to rural patients. They have to years earlier, in 1997. number of visits in the State of Maine travel long distances, and it takes a On the horizon is yet an additional and a 31-percent cut in Medicare reim- long time to reach those patients. That 15-percent cut that would put many of bursements to home health agencies. all adds to the cost. In fact, surveys our already struggling home health Keep in mind that Maine’s home show that the delivery of home health agencies at risk and which would seri- health agencies have historically been services in rural areas can be as much ously jeopardize access to critical very prudent in their use of resources. as 12 to 15 percent more costly because home health services for millions of They were low cost to begin with. The of the extra travel time required, high- our Nation’s seniors. problem is, when you have cuts of er transportation expenses, and other It is now crystal clear that the sav- these magnitudes imposed on agencies factors. ings goals set for home health in the that are already low-cost providers, This provision will ensure that our Balanced Budget Act of 1997 have not they simply cannot sustain the cuts seniors living in rural areas continue only been met, but far exceeded. The and continue to deliver the services to have access to critical high-quality most recent CBO projections show that that our seniors need. home health services. the post-Balanced Budget Act reduc- The real losers in this situation are Mr. President, the Home Health Care tions in home health will be about $69 our Nation’s seniors, particularly those Stability Act will provide a needed billion between fiscal years 1998 and sicker Medicare patients with complex measure of relief and certainty for 2002. That is more than four times the care needs who are already experi- cost-efficient home health agencies $16 billion the CBO originally esti- encing difficulty in getting the home across the country that are experi- mated for that time period, and it is a care services they deserve. encing acute financial problems that clear indication that the Medicare I am very concerned that additional are inhibiting their ability to deliver home health cutbacks have been far deep cuts are already on the horizon. much needed care, particularly to deeper and far more wide-reaching than As I mentioned, on October 1, 2002, an chronically ill Medicare patients with Congress ever intended. additional automatic 15-percent cut is complex care needs. I urge all of my As a consequence, we have home scheduled to go into effect. We need to colleagues to join us in cosponsoring health agencies across the country act. this important legislation. S1398 CONGRESSIONAL RECORD — SENATE February 14, 2001 Let’s get the job done once and for problems that stem from the Balanced any other part of Medicare. That’s the all this year. Let’s repeal that 15-per- Budget Act. first thing that distinguishes home cent cut that otherwise would go into First and most importantly, no other care from other struggling Medicare effect. Let’s remove that uncertainty group of Medicare patients and pro- providers. that is hanging over our home health viders have endured as many difficul- The second thing that is unique agencies, and let’s recommit ourselves ties. This is a big claim, given the about home health—the biggest cuts to providing quality home health care many horror stories we’ve heard about may be yet to come. benefits to our seniors and our disabled the Balanced Budget Act. But abso- While hospitals, nursing homes, hos- citizens. lutely nobody has suffered like home pice programs, and other Medicare pro- Mr. BOND. Mr. President, I rise health patients and home health agen- viders still face some additional Bal- today to join with my colleague from cies. The numbers don’t lie. anced Budget Act cuts, most of the Maine, Senator COLLINS, to introduce Two years after the Balanced Budget BBA provisions have already either legislation that addresses the ongoing Act, almost 900,000 fewer seniors and taken effect or been erased by the two crisis in home health care. Twenty-two disabled Americans were receiving ‘‘Medicare giveback’’ bills we have of our colleagues join with us today to home health care than previously. passed into law. offer the Home Health Payment Fair- That’s upwards of a million patients— But home health care patients and ness Act to deal with this crisis and to one of every four who had been receiv- providers still have the largest BBA try to ensure that seniors and disabled ing home health—who simply dis- cut of all staring them in the fact—the Americans have appropriate access to appeared from the world of home care. 15-percent across-the-board home high-quality home health care. Unfortunately, the explanation is not a health cuts that are now scheduled for Home health care is an important miraculous improvement in the health October of 2002. That’s a 15-percent cut part of Medicare in which seniors and of our nation’s seniors that drastically on top of everything else that has hap- the disabled can get basic nursing and reduced the need for home health care. pened thus far—on top of the loss of therapy care in their home, if their No, almost one million fewer people 900,000 patients, on top of the loss of health or physical condition makes it were receiving home care because the 3,000-plus home health agencies, and on almost impossible to leave home. Often help just wasn’t available. top of the loss of almost half of Medi- home health is an alternative to more This is partly because more than care home health spending. expensive services that may be pro- 3,300 of the nation’s 10,000 home health I do not believe this should happen, vided in a hospital or a skilled nursing agencies have either gone out-of-busi- and I actually don’t know of anybody facility—and thus is a cost-effective ness, or have stopped serving Medicare who believes the 15-percent home way to provide needed care. patients. That’s one-third of the home health cuts should go into effect. It is convenient, but much more im- health providers—gone. Can you imag- That’s why Congress has already de- portantly, patients love it. They love it ine the outrage we would have in this layed the 15-percent cuts three sepa- because home health care is the key to country if one-third of the hospitals rate times. fulfilling what is virtually a universal simply disappeared? To impose these cuts, given all that desire among seniors and those with In some areas, this hasn’t been a home health care has been through, disabilities—to remain independent major problem because there were would be adding insult to injury. It and within the comfort of their own other local home health agencies to would risk putting thousands more homes despite their health problems. pick up the slack. But in many parts of home health agencies out-of-business, Yet we have a crisis in home health— America—particularly in rural Amer- perhaps risking the care for a million too many seniors who could and should ica—this has led to a serious problem more patients. be receiving home health are not get- of getting access to care. Today, Senator COLLINS and I pro- ting it. They may be suffering, in their In one sense, what’s bad for the pa- pose to fix this once and for all—no home, without getting the health care tient is good for the budget. Medicare more mere delays, no more half-meas- they need. Or, they may be getting home health spending has actually ures. The key provision in the Home care, but only because they have been gone down for three straight years— Health Payment Fairness Act would forced into a nursing home rather than dropping by 46 percent from 1997 and permanently eliminate these 15-per- being able to stay in the comfort and 2000. In Medicare, these types of cuts in cent cuts. This will be expensive—prob- the dignity of their home. Either way, spending are absolutely unprecedented. ably more than $10 billion over 10 they are not getting the most appro- No other type of health care service in years. I don’t think anybody in Con- priate care—and this is tragic. Medicare has ever seen drastic cuts gress wants to drop the guillotine on As with so many other problems with like this. Remember, our goal in the home health by imposing these cuts— Medicare in the last few years, the Balanced Budget Act was to slow down that’s what the three delays have problem comes from two sources—the the growth of the program, not to slash shown. We need to just bite the bullet Balanced Budget Act, and the Health almost half of the spending out of vital and get rid of them once and for all. Care Financing Administration. services like home health care. In 1997, The one additional key provision in We all know the basic story by now— we envisioned $16 billion in savings our bill would make permanent the 10- in an effort to balance the budget, Con- from home health over five years—but percent bonus payments that we are gress in the BBA tried to cut the the most recent estimates show that about to start giving rural home health growth in Medicare spending. Yet the we are on target to get $69 billion in agencies. These new rural payments real-world results went much further savings, more then four times the tar- recognize that, historically, rural pa- than we intended—partially because of get figure. This is not how anybody tients have been more expensive due to things beyond anyone’s control, but wanted to balance the federal budget. the added transportation and labor largely due to faulty implementation No State has been spared this crisis, costs incurred as home health nurses and the excessive regulatory zeal of but the seniors and the disabled in my travel longer distances between visits. HCFA. As the cuts and regulation went home state of Missouri have been par- The second Medicare ‘‘giveback’’ bill out-of-control, health care providers ticularly hard-hit. 27,000 fewer patients that Congress just passed into law in struggled to survive, but many were are receiving home care than before— December authorized these bonus pay- forced to close entirely or to stop serv- that’s a drop of 30 percent. And while ments for the first time—but only for a ing Medicare. This harmed patients be- Missouri had 300 home health agencies two-year period. The reasons that rural cause they lost care options that had when the Balanced Budget Act passed, patients cost more are going to last for been available previously. we now have just 161. That’s almost 140 more than two years—we believe the This basic storyline applies to pa- health care providers that Missourians added rural payments should as well. tients and providers in all parts of need—but that are now gone. This policy change will provide des- Medicare—hospitals, nursing homes, All of this points to the fact that the perately-needed assistance to help home health care—everyone. But there breadth and the depth of the post-Bal- home health care in rural America— are two things that distinguish the anced Budget Act problems are undeni- which, as I mentioned earlier, has been home health crisis from all of the other ably worse in home health care than much harder hit by the home health February 14, 2001 CONGRESSIONAL RECORD — SENATE S1399 crisis. These added payments would be the impending 15 percent for home 1965 to provide up-to-date school li- similar to the 10-percent incentive health services. This reduction, which brary media resources and well- bonus Medicare currently pays to doc- was originally scheduled to take effect trained, professionally certified school tors in rural areas, and would serve the in October 2000, has been delayed since library media specialists for elemen- same purpose as the various Medicare 2002. While this delay is certainly sig- tary schools and secondary schools, mechanisms we have to protect rural nificant, we can and must do more to and for other purposes; to the Com- hospitals. The rural incentives for doc- restore predictability to the home mittee on Health, Education, Labor, tors and hospitals are part of perma- health reimbursement system. We and Pensions. nent law; the rural incentives for home must see to it that the 15 percent cut is Mr. REED. Mr. President, I rise health should be too. eliminated—and I hope we can achieve today to introduce bipartisan legisla- Home health care has been through that goal this year. tion to support and strengthen Amer- enough. Our Nation’s dedicated home As we have already seen, reductions ica’s school libraries. health providers—and you know they of this magnitude are all too often Research shows that well-equipped are dedicated if they have struck with shouldered by small, nonprofit home and well-staffed school libraries are es- it through the difficulties of the last health agencies and the elderly and dis- sential to promoting literacy, learning, few years—deserve to be left along and abled beneficiaries they serve. Home and achievement. Indeed, recent stud- given a rest. They deserve to be left health care agencies in my home state ies in Colorado, Pennsylvania, and alone to recover from the post-Bal- of Rhode Island have been especially Alaska reveal that a strong library anced Budget Act chaos. They deserve hard hit by these changes. We have media program, consisting of a well- to be left alone in order to adjust to a seen a significant decline in the num- stocked school library staffed by a brand new home health payment sys- ber of beneficiaries served and access trained, school-library media spe- cialist, helps students learn more and tem that Medicare put into place a few to care for more medically complex pa- score higher on standardized tests than months ago—a new payment system tients threatened by these cuts. These their peers in library-impoverished specifically designed to reduce overuse reductions have clearly had negative schools. These findings echo earlier of service in a much more intelligent impact on patients who heavily rely on studies conducted in the 1990s, which and appropriate way than arbitrary home health services. found that students in schools with cuts like those that are scheduled. And Nationally, between 1997 and 1998, the well-equipped libraries and professional they deserve to be left alone to focus number of Medicare beneficiaries re- library specialists performed better on on providing high-quality care to Medi- ceiving home health services has fallen achievement tests for reading com- care patients. The seniors and disabled 14 percent, while the total number of prehension and basic research skills. Americans who rely on home health for home health visits has fallen by 40 per- Mr. President, with our ever-chang- their health care, and for their inde- cent. We have seen a similar trend in ing global economy, access to informa- pendence, deserve no less. Rhode Island, where over 3,000 fewer tion and the skills to use it are vital to Mr. ALLARD. I thank the Senator beneficiaries are receiving home health ensuring that young Americans are from Missouri for his leadership on care—representing a decline of 16 per- competitive and informed citizens of home health care. I agree with him. It cent—and the total number of visits the world. That is why the school li- does save money for the patient, and has fallen 38 percent. These individuals brary is so important in supplementing we want to encourage it as far as are either being forced to turn to more what is learned in the classroom; pro- health care is concerned. expensive alternatives, such as institu- moting better learning, including read- Mr. REED. Mr. President, I rise tional-based nursing homes and skilled ing, research, library use, and elec- today to join the chorus of support for nursing facilities for their care, or tronic database skills; and providing the Home Health Payment Fairness these individuals are simply going the foundation for independent learn- Act. The intent of this important legis- without care, which places an immeas- ing that allows students to achieve lation is two-fold—first, eliminate the urable burden on the family and friends throughout their educational careers impending 15 percent reduction in of vulnerable beneficiaries. and their lives. home health payments scheduled to I truly do not believe this is the path While the promise of a well-equipped take effect in October 2002, and second, we want to remain on when it comes to school library to promote literacy, restore a modicum of stability and pre- home health care. In light of the im- learning, and achievement is bound- dictability to the home health funding pending ‘‘senior boom’’ that will be hit- less, and its importance greater than stream after years of volatility and ting our entitlement programs in a few ever, the condition of libraries today turmoil. I was pleased to introduce short years, we should be doing all we does not live up to that potential. As similar language with Senator COLLINS can to preserve and strengthen the Linda Wood, a school-library media last Congress; I am pleased to do so Medicare home health benefit. We can specialist from South Kingstown High again. begin to do so by eliminating the 15 School in Rhode Island, noted during a Over the past several years, Congress percent reduction in home health pay- Health, Education, Labor, and Pen- has worked to address the unintended ments. By taking this step, we will al- sions Committee hearing two years consequences of the 1997 Balanced leviate an enormous burden that has ago, school library collections are out- Budget Act, BBA. Specifically, we have been looming over financially strapped dated and sparse. sought to alleviate the tremendous fi- home health agencies as well as the Many schools across the nation are nancial burdens that have been borne frail and vulnerable Medicare bene- dependent on books purchased in the by the home health industry and the ficiaries who rely on these critical mid-1960s with dedicated funding pro- patients who rely on these agencies for services. vided under the original Elementary care. Since the enactment of the BBA, I urge my colleagues to join us in and Secondary Education Act (ESEA) there has been a remarkable 48 percent supporting this critical legislation, and of 1965. Many of the books still on decline in Medicare home health ex- I look forward to working with Senator school library shelves today were pur- penditures. Moreover, across the na- COLLINS and my other colleagues on chased with this funding and have not tion, home health agencies have been the home health issue this Congress. been replaced since 1981, when this forced to cut back on services, and in dedicated funding was folded into what some cases, close their doors forever. By Mr. REED (for himself, Mr. is now the Title VI block grant. As a As a result, vulnerable and frail Medi- COCHRAN, Mr. KENNEDY, Mr. result, many books in our school li- care beneficiaries are being deprived of DODD, Mr. BINGAMAN, Mr. braries predate the landing of manned medically needed health services that WELLSTONE, Mrs. MURRAY, Ms. spacecraft on the moon, the breakup of enable these populations to receive MIKULSKI, Mrs. CLINTON, Mr. the Soviet Union, the end of Apartheid, care while remaining in the comfort of CHAFEE, Mr. ROCKEFELLER, Mr. the Internet, and advances in DNA re- their homes and communities. REID, Mr. SARBANES, and Mr. search. While we have been able to correct BAUCUS): Mr. President, over the past several for a number of the problems, one issue S. 327. A bill to amend the Elemen- months I have received over one hun- we have yet to resolve affirmatively is tary and Secondary Education Act of dred books pulled from library shelves S1400 CONGRESSIONAL RECORD — SENATE February 14, 2001 across the country which further illus- tion records to related Internet re- and helping students become lifelong trate the sad state of school libraries search sites, allowing a single book re- learners. The bipartisan Improving Lit- today. I would like to cite just a few quest to serve as a point of departure eracy Through School Libraries Act is examples. for a galaxy of information sources. strongly supported by the American A book entitled Rockets Into Space, Unfortunately, such innovations, Library Association, and will help ac- copyright 1959, informs students that which could benefit schoolchildren complish these essential goals. I urge ‘‘there is a way to get to the moon and across the nation, cannot be expanded my colleagues to cosponsor this impor- even distant planets, [but the trip without adequate library funding. In- tant legislation and work for its inclu- must] be made in two stages. The first deed, the only federal funding that is sion in the upcoming reauthorization stage would be from earth to a space currently available to school libraries of the Elementary and Secondary Edu- station. The second stage would be is the Title VI block grant, which al- cation Act. from the space station to the moon. It lows expenditure for school library and I ask unanimous consent that the would cost a lot of money to buy a instructional materials as one of nine text of this bill and a letter of support ticket to the moon.’’ This book was choices for local uses of funds. Since written by the American Library Asso- checked out of a Los Angeles school li- 1981, states have chosen other needs ciation be printed in the RECORD. brary 13 times since 1995. above school library books and tech- There being no objection, the mate- Further, a book found on a Rhode Is- nology. Sadly, districts only spend an rial was ordered to be printed in the land school library shelf, entitled estimated 17 percent of funds on school RECORD, as follows: Studying the Middle East in Elemen- library and instructional materials. S. 327 tary and Secondary Schools, copyright This amount is wholly insufficient to Be it enacted by the Senate and House of Rep- 1968, contains the following informa- replace outdated books in both our resentatives of the United States of America in tion: ‘‘UNDERSTANDING SOME classrooms and school libraries, and Congress assembled, CHARACTERISTICS OF THE ARABS— this lack of targeting and diffusion of SECTION 1. SHORT TITLE. It is difficult to generalize about any funding is why block grants are so This Act may be cited as the ‘‘Improving group of people and yet there are some Literacy Through School Libraries Act of harmful. 2001’’. characteristics which seem predomi- Mr. President, well-trained school li- SEC. 2. SCHOOL LIBRARY MEDIA RESOURCES. nant and helpful in understanding the brary media specialists are also essen- Title II of the Elementary and Secondary Arabs.’’ Needless to say, the book then tial to helping students unlock their Education Act of 1965 (20 U.S.C. 6801 et seq.) proceeds to describe characteristics of potential. These individuals are at the is amended— Arab people in derogatory terms. heart of guiding students in their (1) by redesignating part E as part F; and And finally, a book entitled Colonial work, providing research training, (2) by inserting after part D the following: Life in America, copyright 1962, found maintaining and developing collec- ‘‘PART E—ASSISTANCE TO SCHOOL on a shelf in a Philadelphia school li- tions, and ensuring that a library ful- LIBRARIES TO IMPROVE LITERACY brary, informs the student that life on fills its potential. In addition, they ‘‘Subpart 1—Library Media Resources ‘‘a large plantation in the South was have the skills to guide students in the ‘‘SEC. 2350. PURPOSE. like a village. Slave families had their use of the broad variety of advanced ‘‘The purposes of this subpart are— own cabins.’’ This book describes technological education resources now ‘‘(1) to improve literacy skills and aca- southern plantation life as idyllic, available. demic achievement of students by providing without reference to the harshness and Unfortunately, only 68 percent of students with increased access to up-to-date school library materials, a well-equipped, injustice of life as a slave. schools have state-certified library technologically advanced school library As you can see, in a rapidly changing media specialists, according to Depart- media center, and well-trained, profes- world, our students are placed at a ment of Education figures, and, on av- sionally certified school library media spe- major disadvantage if the only sci- erage, there is only one specialist for cialists; entific, geographical, and historical every 591 students. This shortage ‘‘(2) to support the acquisition of up-to- materials they have access to are out- means that many school libraries are date school library media resources for the dated and inaccurate. The reason for staffed by volunteers and are open only use of students, school library media special- this sad state of affairs is the loss of a few days a week. ists, and teachers in elementary schools and I am introducing this bipartisan bill secondary schools; targeted, national funding for school li- ‘‘(3) to provide school library media spe- braries. today, along with Senators COCHRAN, cialists with the tools and training opportu- In sum, school library funding is KENNEDY, DODD, BINGAMAN, nities necessary for the specialists to facili- grossly inadequate to the task of im- WELLSTONE, MURRAY, MIKULSKI, CLIN- tate the development and enhancement of proving and supplementing collections. TON, CHAFEE, ROCKEFELLER, REID, SAR- the information literacy, information re- Library spending per student today is a BANES, and BAUCUS to restore the fund- trieval, and critical thinking skills of stu- small fraction of the cost of a new ing that is critical to improving school dents; and book. Indeed, while the average school libraries. The Improving Literacy ‘‘(4)(A) to ensure the effective coordination library book costs $16, the average Through School Libraries Act author- of resources for library, technology, and pro- fessional development activities for elemen- spending per student for books is ap- izes $500 million to help school librar- tary schools and secondary schools; and proximately $6.75 in elementary ies with the greatest needs update ‘‘(B) to ensure collaboration between schools; $7.30 in middle schools; and their collections and would ensure that school library media specialists, and elemen- $6.25 in high schools. Consequently, students have access to the informa- tary school and secondary school teachers many schools cannot remove outdated tional tools they need to learn and and administrators, in developing cur- books from their shelves because there achieve at the highest levels. This bill riculum-based instructional activities for is no money to replace these books. allows for maximum flexibility, ena- students so that school library media spe- My home state of Rhode Island is bling schools to use the funds to update cialists are partners in the learning process of students. working on an innovative effort to en- library media resources, such as books ‘‘SEC. 2351. STATE ALLOTMENTS. sure that students gain access to mate- and advanced technology, train school- ‘‘The Secretary shall allot to each eligible rials not available in their own school library media specialists, and facilitate State educational agency for a fiscal year an libraries. RILINK, the Rhode Island Li- resource-sharing among school librar- amount that bears the same relation to the brary Information Network for Kids, ies. The bill also establishes the School amount appropriated under section 2360 and gives students and teachers 24-hour Library Access Program to provide stu- not reserved under section 2359 for the fiscal Internet access to a statewide catalog dents with access to school libraries year as the amount the State educational of school library holdings, complete during non-school hours, including be- agency received under part A of title I for with information about the book’s sta- the preceding fiscal year bears to the fore and after school, weekends, and amount all eligible State educational agen- tus on the shelf. RILINK also allows summers. cies received under part A of title I for the for on-line request of materials via Providing access to the most up-to- preceding fiscal year. interlibrary loan, with rapid delivery date school library collections is an es- ‘‘SEC. 2352. STATE APPLICATIONS. through a statewide courier system, sential part of increasing student ‘‘To be eligible to receive an allotment and provides links from book informa- achievement, improving literacy skills, under section 2351 for a State for a fiscal February 14, 2001 CONGRESSIONAL RECORD — SENATE S1401 year, the State educational agency shall sub- ‘‘(2) a description of the manner in which ‘‘SEC. 2358. SUPPLEMENT NOT SUPPLANT. mit to the Secretary an application at such the local educational agency will use the ‘‘Funds made available under this subpart time, in such manner, and containing such needs assessment to assist schools with the shall be used to supplement and not supplant information as the Secretary shall require. greatest need for school library media im- other Federal, State, and local funds ex- The application shall contain a description provement; pended to carry out activities relating to li- of— ‘‘(3) a description of the manner in which brary, technology, or professional develop- ‘‘(1) the manner in which the State edu- the local educational agency will use the ment activities. cational agency will use the needs assess- funds provided through the allocation to ‘‘SEC. 2359. NATIONAL ACTIVITIES. ment described in section 2355(1) and poverty carry out the activities described in section ‘‘The Secretary shall reserve not more data to allocate funds made available 2356; than 3 percent of the amount appropriated through the allotment to the local edu- ‘‘(4) a description of the manner in which under section 2360 for a fiscal year— cational agencies in the State with the the local educational agency will develop ‘‘(1) for an annual, independent, national greatest need for school library media im- and carry out the activities described in sec- evaluation of the activities assisted under provement; tion 2356 with the extensive participation of this subpart, to be conducted not later than ‘‘(2) the manner in which the State edu- school library media specialists, elementary 3 years after the date of enactment of this cational agency will effectively coordinate school and secondary school teachers and ad- subpart; and all Federal and State funds available for lit- ministrators, and parents; ‘‘(2) to broadly disseminate information to eracy, library, technology, and professional ‘‘(5) a description of the manner in which help States, local educational agencies, development activities to assist local edu- the local educational agency will effectively school library media specialists, and elemen- cational agencies, elementary schools, and coordinate— tary school and secondary school teachers secondary schools in— ‘‘(A) funds provided under this subpart and administrators learn about effective ‘‘(A) acquiring up-to-date school library with the Federal, State, and local funds re- school library media programs. media resources in all formats, including ceived by the agency for literacy, library, ‘‘SEC. 2360. AUTHORIZATION OF APPROPRIA- books and advanced technology such as technology, and professional development TIONS. Internet connections; and activities; and ‘‘There are authorized to be appropriated ‘‘(B) providing training for school library ‘‘(B) activities carried out under this sub- to carry out this subpart $475,000,000 for fis- media specialists; part with the Federal, State, and local li- cal year 2002 and such sums as may be nec- ‘‘(3) the manner in which the State edu- brary, technology, and professional develop- essary for each of fiscal years 2003 through cational agency will develop standards for ment activities carried out by the local edu- 2006. the incorporation of new technologies into cational agency; and ‘‘Subpart 2—School Library Access Program the curricula of elementary schools and sec- ‘‘(6) a description of the manner in which ‘‘SEC. 2361. PROGRAM. ondary schools through school library media the local educational agency will collect and ‘‘(a) IN GENERAL.—The Secretary may programs to develop and enhance the infor- analyze data on the quality and impact of make grants to local educational agencies to mation literacy, information retrieval, and activities carried out under this subpart by provide students with access to libraries in critical thinking skills of students; and schools served by the local educational agen- elementary schools and secondary schools ‘‘(4) the manner in which the State edu- cy. during non-school hours, including the hours cational agency will evaluate the quality ‘‘SEC. 2356. LOCAL ACTIVITIES. before and after school, weekends, and sum- and impact of activities carried out under ‘‘A local educational agency that receives mer vacation periods. this subpart by local educational agencies to a local allocation under section 2354 may use ‘‘(b) APPLICATIONS.—To be eligible to re- make determinations regarding the need of the funds made available through the alloca- ceive a grant under subsection (a), a local the agencies for technical assistance and tion— educational agency shall submit an applica- whether to continue funding the agencies ‘‘(1) to acquire up-to-date school library tion to the Secretary at such time, in such under this subpart. media resources, including books; manner, and containing such information as ‘‘SEC. 2353. STATE RESERVATION. ‘‘(2) to acquire and utilize advanced tech- the Secretary may require. ‘‘A State educational agency that receives nology, incorporated into the curricula of ‘‘(c) PRIORITY.—In making grants under an allotment under section 2351 may reserve the schools, to develop and enhance the in- subsection (a), the Secretary shall give pri- not more than 3 percent of the funds made formation literacy, information retrieval, ority to local educational agencies that dem- available through the allotment to provide and critical thinking skills of students; onstrate, in applications submitted under technical assistance, disseminate informa- ‘‘(3) to acquire and utilize advanced tech- subsection (b), that the agencies— tion about effective school library media nology, including Internet links, to facili- ‘‘(1) seek to provide activities that will in- programs, and pay administrative costs, re- tate resource-sharing among schools and crease literacy skills and student achieve- lating to this subpart. school library media centers, and public and ment; ‘‘SEC. 2354. LOCAL ALLOCATIONS. academic libraries, where possible; ‘‘(2) have effectively coordinated services ‘‘(a) IN GENERAL.—A State educational ‘‘(4) to provide professional development and funding with entities involved in other agency that receives an allotment under sec- opportunities for school library media spe- Federal, State, and local efforts, to provide tion 2351 for a fiscal year shall use the funds cialists; and programs and activities for students during made available through the allotment and ‘‘(5) to foster increased collaboration be- the non-school hours described in subsection not reserved under section 2353 to make allo- tween school library media specialists and (a); and cations to local educational agencies. elementary school and secondary school ‘‘(3) have a high level of community sup- ‘‘(b) AGENCIES.—The State educational teachers and administrators. port. agency shall allocate the funds to the local ‘‘SEC. 2357. ACCOUNTABILITY AND CONTINU- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— educational agencies in the State that ATION OF FUNDS. There are authorized to be appropriated to have— ‘‘Each local educational agency that re- carry out this subpart $25,000,000 for fiscal ‘‘(1) the greatest need for school library ceives funding under this subpart for a fiscal year 2002 and such sums as may be necessary media improvement according to the needs year shall be eligible to continue to receive for each of fiscal years 2003 through 2006.’’. assessment described in section 2355(1); and the funding— ‘‘(2) the highest percentages of poverty, as ‘‘(1) for each of the 2 following fiscal years; AMERICAN LIBRARY ASSOCIATION, measured in accordance with section and Washington, DC, February 13, 2001. 1113(a)(5). ‘‘(2) for each fiscal year subsequent to the Hon. JACK REED, ‘‘SEC. 2355. LOCAL APPLICATION. 2 following fiscal years, if the local edu- U.S. Senate, ‘‘To be eligible to receive an allocation cational agency demonstrates that the agen- Washington, DC. under section 2354 for a fiscal year, a local cy has increased— DEAR SENATOR REED: I would like to take educational agency shall submit to the State ‘‘(A) the availability of, and the access of this opportunity to thank you and Senator educational agency an application at such students, school library media specialists, Thad Cochran for your bi-partisan support of time, in such manner, and containing such and elementary school and secondary school school libraries as you introduce the Improv- information as the State educational agency teachers to, up-to-date school library media ing Literacy Through School Libraries Act shall require. The application shall contain— resources, including books and advanced of 2001. This bill would provide assistance to ‘‘(1) a needs assessment relating to need for technology, in elementary schools and sec- the nation’s school libraries and school li- school library media improvement, based on ondary schools served by the local edu- brary media specialists at a time when they the age and condition of school library media cational agency; are laboring mightily to cope with the chal- resources (including book collections), ac- ‘‘(B) the number of well-trained, profes- lenges of increasing school enrollment, new cess of school library media centers to ad- sionally certified school library media spe- technology and the lack of funding for school vanced technology, including Internet con- cialists in those schools; and library resources. nections, and the availability of well- ‘‘(C) collaboration between school library As an academic librarian in New York, I trained, professionally certified school li- media specialists and elementary school and know personally how this legislation will brary media specialists, in schools served by secondary school teachers and administra- contribute to effective learning by our the local educational agency; tors for those schools. school children. Many of the nation’s school S1402 CONGRESSIONAL RECORD — SENATE February 14, 2001 libraries have collections that are old, inac- This was just the beginning. America cans is comprehensible only through curate and out of date. How can we encour- has been growing and changing ever the stories of our various constituent age children to read, continue their edu- since. It is critical that we document cultures, carried with us from other cation in college and become life-long learn- and include the growth and change in ers if the material we have available for lands and transformed by encounters them is inadequate? the United States as groups of people with other cultures. move across external and internal Your legislation proposes to upgrade col- All Americans are travelers. All cul- boundaries that make up our nation. lections, encourage and train school librar- tures have creation stories and his- ians, and effect greater cooperation between By understanding all our contribu- tories that place us here from some- school professionals directly involved teach- tions, the strength within all cultures, where. Whether we came to this land as ing children—school library media special- and the diffusion of cultural ways ists, teachers and administrators. This crit- through the United States, we will be a native peoples. English colonists, Afri- ical legislation should be included in the re- cans who were brought in slavery, Fili- authorization process now going forward in better nation. The strength of Amer- ican culture is in our diversity and pinos who came to work in Hawaii’s the Senate. The school children of today de- cane fields, Mexican ranchers, or Chi- serve the best resources we have to give rests on a comprehensive under- them. standing of the peopling of America. nese merchants, the process by which On behalf of the 61,000 school, public, aca- The theme study I am proposing will our nation was peopled transformed us demic and special librarians, library trust- authorize the Secretary of the Interior from strangers from different shores ees, friends of libraries and library sup- to identify regions, areas, trails, dis- into neighbors unified in our inimi- porters, I thank you for your effort to im- tricts and cultures that illustrate and table diversity—Americans all. It is es- prove the resources in school libraries. We commemorate key events in the migra- sential for us to understand this proc- offer the support of our members in working ess, not only to understand who and towards passage of the legislation. tion, immigration and settlement of Sincerely, the population of the United States, where we are, but also to help us un- NANCY C. KRANICH, and which can provide a basis for the derstand who we wish to be and where President. preservation and interpretation of the we should be headed as a nation. As the peopling of America. It includes preser- caretaker of some of our most impor- By Mr. AKAKA (for himself, Mr. vation and education strategies to cap- tant cultural and historical resources, INOUYE, and Mr. GRAHAM): ture elements of our national culture from Ellis Island to San Juan Island, S. 329. A bill to require the Secretary and history such as immigration, mi- from Chaco Canyon to Kennesaw of the Interior to conduct a theme gration, ethnicity, family, gender, Mountain, the National Park Service is study on the peopling of America, and health, neighborhood, and community. in a unique position to conduct a study for other purposes; to the Committee In addition, the study will make rec- that can offer guidance on this funda- on Energy and Natural Resources. mental subject. Mr. AKAKA. Mr. President, America ommendations regarding National His- is truly unique in that almost all of us toric Landmark designations and Na- Currently we have only one focal are migrants or immigrants to the tional Register of Historic Places point in the national park system that United States, originating in different nominations, as appropriate. The study celebrates the peopling of America regions—whether from Asia, from is- will also facilitate the development of with significance. Ellis Island and the lands in the Pacific Ocean, Mexico, or cooperative programs with education Statue of Liberty National Monument. valleys and mesas of the Southwest, institutions, public history organiza- Ellis Island welcomed over 12 million Europe or other regions of the world. tions, state and local governments, and immigrants between 1892 and 1954, an The prehistory and the contemporary groups knowledgeable about the peo- overwhelming majority of whom history of this nation are inextricably pling of America. crossed the Atlantic from Europe. Ellis linked to the mosaic or migrations, im- We are entering a new millennium Island celebrates these immigrant ex- migrations and existing cultures in the with hope and opportunity. It is incum- periences through their museum, his- U.S. that has resulted in the peopling bent on us to reflect on the extent to toric buildings, and memorial wall. Im- of America. Americans are all travelers which the energy and wealth of the mensely popular as it is, Ellis Island is from diverse areas, regions, continents United States depends on our popu- focused on Atlantic immigration and and islands. lation diversity. Looking back, we un- thus reflects the experience only of We need a better understanding of derstand that our history, and our very those groups (primarily Eastern and this coherent and unifying theme in national character, is defined by the Southern Europeans) who were proc- America. With this in mind, I am intro- grand, entangled movements of people essed at the island during its active pe- ducing legislation, along with my col- to America and across the American riod, 1892–1954. leagues Senator INOUYE and Senator landscape—through original residency, European colonization, forced migra- Not all immigrants and their de- GRAHAM, authorizing the National scendants can identify with Ellis Is- Park Service to conduct a theme study tions, economic migrations, or politi- cally-motivated immigration—that has land. Tens of millions of other immi- on the peopling of America. An iden- grants traveled to our great country tical bill passed the Senate last Con- given rise to the rich interactions that through other ports of entry and in dif- gress, and I am optimistic that the make the American character and ex- ferent periods of our Nation’s history Senate will again pass this bill. perience unique. I would venture to say The purpose of the study is to pro- that no other nation has the hetero- and prehistory. Ellis Island tells only vide a basis for identifying, inter- geneous patchwork of migration and part of the American story. There are preting and preserving sites related to movement around the country that is other chapters, just as compelling, that the migration, immigration and set- found and that makes us the American must be told. tling of America. The peopling of Nation. On the West Coast, Angel Island Im- America is the story of our nation’s We embody the cultures and tradi- migration Station, tucked in San Fran- population and how we came to be the tions that our forebears brought from cisco Bay, was open from 1910 to 1940 diverse set of people that we are today. other places and shores, as well as the and processed hundreds of thousands of The peopling of America will acknowl- new traditions and cultures that we Pacific Rim immigrants through its edge the contributions and trials of the adopted or created anew upon arrival. portals. An estimated 175,000 Chinese first peoples who settled the North Whether we are the original inhab- immigrants and more than 20,000 Japa- American continent, the Pacific Is- itants of the rich Pacific Northwest, nese made the long Pacific passage to lands, and the lands that later became settled in the rangelands and agrarian the United States. Their experiences the United States of America. The peo- West, the industrialized Northeast, the are a West Coast mirror of the Ellis Is- pling of America has continued as small towns of the Midwest, or the gen- land experience. But the migration Spanish, Portuguese, French, Dutch, teel cities of the South, our forebears story on the West Coast is much longer and English laid claim to lands and inevitably contributed their back- and broader than Angel Island. Many opened the floodgates of European mi- ground and created new relationships earlier migrants to the West Coast con- gration and the involuntary migration with peoples of other backgrounds and tributed to the rich history of Cali- of Africans to the Americas. cultures. Our rich heritage as Ameri- fornia, including the original resident February 14, 2001 CONGRESSIONAL RECORD — SENATE S1403 Native Americans, Spanish explorers, strengthened the national fabric and unified Park System at which the peopling of Amer- Mexican ranchers, Russian colonists, the United States in its values, institutions, ica may be interpreted. American migrants from the Eastern experiences, goals, and accomplishments; (2) IDENTIFICATION OF NEW SITES.—On the states who came overland or around (6)(A) the National Park Service’s official basis of the theme study, the Secretary shall recommend to Congress sites for which stud- the Horn, German and Irish military thematic framework, revised in 1996, re- sponds to the requirement of section 1209 of ies for potential inclusion in the National recruits, Chinese railroad laborers, the Civil War Sites Study Act of 1990 (16 Park System should be authorized. Portuguese and Italian farmers, and U.S.C. 1a–5 note; title XII of Public Law 101– (e) CONTINUING AUTHORITY.—After the date many other groups. The diversity and 628), that ‘‘the Secretary shall ensure that of submission to Congress of the theme experience of these groups reflects the the full diversity of American history and study, the Secretary shall, on a continuing diversity and experience of all immi- prehistory are represented’’ in the identifica- basis, as appropriate to interpret the peo- grants who entered the United States tion and interpretation of historic properties pling of America— via the Western states, including Alas- by the National Park Service; and (1) evaluate, identify, and designate new national historic landmarks; and ka, Washington, Oregon, and Cali- (B) the thematic framework recognizes that ‘‘people are the primary agents of (2) evaluate, identify, and recommend to fornia. Congress sites for which studies for potential The study we propose is consistent change’’ and establishes the theme of human population movement and change—or ‘‘peo- inclusion in the National Park System with the agency’s latest official the- pling places’’—as a primary thematic cat- should be authorized. (f) PUBLIC EDUCATION AND RESEARCH.— matic framework which establishes the egory for interpretation and preservation; (1) LINKAGES.— subject of human population movement and (A) ESTABLISHMENT.—On the basis of the and change—or ‘‘peopling places’’—as a (7) although there are approximately 70,000 theme study, the Secretary may identify ap- primary thematic category for study listings on the National Register of Historic propriate means for establishing linkages— Places, sites associated with the exploration and interpretation. The framework, (i) between— and settlement of the United States by a which serves as a general guideline for (I) regions, areas, trails, districts, commu- broad range of cultures are not well rep- interpretation, was revised in 1996 in nities, sites, buildings, structures, objects, resented. response to a Congressional mandate— organizations, societies, and cultures identi- URPOSES.—The purposes of this Act Civil War Sites Study Act of 1990, Pub- (b) P fied under subsections (b) and (d); and are— (II) groups of people; and lic Law 101–628, Sec. 1209—that the full (1) to foster a much-needed understanding diversity of American history and pre- (ii) between— of the diversity and contribution of the (I) regions, areas, trails, districts, commu- history be expressed in the National breadth of groups who have peopled the Park Service’s identification and inter- nities, sites, buildings, structures, objects, United States; and organizations, societies, and cultures identi- pretation of historic and prehistoric (2) to strengthen the ability of the Na- fied under subsection (b); and properties. tional Park Service to include groups and (II) units of the National Park System In conclusion, we believe that this events otherwise not recognized in the peo- identified under subsection (d). bill will shed light on the unique blend pling of the United States. (B) PURPOSE.—The purpose of the linkages of pluralism and unity that character- SEC. 3. DEFINITIONS. shall be to maximize opportunities for public izes our national polity. With its re- In this Act: education and scholarly research on the peo- sponsibility for cultural and historical (1) SECRETARY.—The term ‘‘Secretary’’ pling of America. parks, the Park Service plays a unique means the Secretary of the Interior. (2) COOPERATIVE ARRANGEMENTS.—On the (2) THEME STUDY.—The term ‘‘theme basis of the theme study, the Secretary role in enhancing our understanding of study’’ means the national historic land- shall, subject to the availability of funds, the peopling of America and thus of a mark theme study required under section 4. enter into cooperative arrangements with fuller comprehension of our relation- (3) PEOPLING OF AMERICA.—The term ‘‘peo- State and local governments, educational in- ships with each other—past, present, pling of America’’ means the migration, im- stitutions, local historical organizations, and future. migration, and settlement of the population communities, and other appropriate entities I urge my colleagues to support this of the United States. to preserve and interpret key sites in the initiative. I ask unanimous consent SEC. 4. NATIONAL HISTORIC LANDMARK THEME peopling of America. that the text of the bill be printed in STUDY ON THE PEOPLING OF AMER- (3) EDUCATIONAL INITIATIVES.— ICA. (A) IN GENERAL.—The documentation in the RECORD. There being no objection, the bill was (a) THEME STUDY REQUIRED.—The Sec- the theme study shall be used for broad edu- retary shall prepare and submit to Congress cational initiatives such as— ordered to be printed in the RECORD, as a national historic landmark theme study on (i) popular publications; follows: the peopling of America. (ii) curriculum material such as the Teach- S. 329 (b) PURPOSE.—The purpose of the theme ing with Historic Places program; Be it enacted by the Senate and House of Rep- study shall be to identify regions, areas, (iii) heritage tourism products such as the resentatives of the United States of America in trails, districts, communities, sites, build- National Register of Historic Places Travel Congress assembled, ings, structures, objects, organizations, soci- Itineraries program; and SECTION 1. SHORT TITLE. eties, and cultures that— (iv) oral history and ethnographic pro- This Act may be cited as the ‘‘Peopling of (1) best illustrate and commemorate key grams. America Theme Study Act’’. events or decisions affecting the peopling of (B) COOPERATIVE PROGRAMS.—On the basis SEC. 2. FINDINGS AND PURPOSES. America; and of the theme study, the Secretary shall im- (a) FINDINGS.—Congress finds that— (2) can provide a basis for the preservation plement cooperative programs to encourage (1) an important facet of the history of the and interpretation of the peopling of Amer- the preservation and interpretation of the United States is the story of how the United ica that has shaped the culture and society peopling of America. States was populated; of the United States. SEC. 5. COOPERATIVE AGREEMENTS. (2) the migration, immigration, and settle- (c) IDENTIFICATION AND DESIGNATION OF PO- The Secretary may enter into cooperative ment of the population of the United TENTIAL NEW NATIONAL HISTORIC LAND- agreements with educational institutions, States— MARKS.— professional associations, or other entities (A) is broadly termed the ‘‘peopling of (1) IN GENERAL.—The theme study shall knowledgeable about the peopling of Amer- America’’; and identify and recommend for designation new ica— (B) is characterized by— national historic landmarks. (1) to prepare the theme study; (i) the movement of groups of people across (2) LIST OF APPROPRIATE SITES.—The theme (2) to ensure that the theme study is pre- external and internal boundaries of the study shall— pared in accordance with generally accepted United States and territories of the United (A) include a list, in order of importance or scholarly standards; and States; and merit, of the most appropriate sites for na- (3) to promote cooperative arrangements (ii) the interactions of those groups with tional historic landmark designation; and and programs relating to the peopling of each other and with other populations; (B) encourage the nomination of other America. (3) each of those groups has made unique, properties to the National Register of His- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. important contributions to American his- toric Places. There are authorized to be appropriated tory, culture, art, and life; (3) DESIGNATION.—On the basis of the such sums as are necessary to carry out this (4) the spiritual, intellectual, cultural, po- theme study, the Secretary shall designate Act. litical, and economic vitality of the United new national historic landmarks. States is a result of the pluralism and diver- (d) NATIONAL PARK SYSTEM.— By Mr. TORRICELLI: sity of the American population; (1) IDENTIFICATION OF SITES WITHIN CURRENT S. 330. A bill to expand the powers of (5) the success of the United States in em- UNITS.—The theme study shall identify ap- the Secretary of the Treasury to regu- bracing and accommodating diversity has propriate sites within units of the National late the manufacture, distribution, and S1404 CONGRESSIONAL RECORD — SENATE February 14, 2001 sale of firearms and ammunition, and tion Act, legislation giving the Sec- (C) any person who is a pawnbroker. to expand the jurisdiction of the Sec- retary of the Treasury the power to (2) FIREARM PART.—The term ‘‘firearm retary to include firearm products and regulate the manufacture, distribution, part’’ means— non-powder firearms; to the Committee and sale of firearms and ammunition. (A) any part or component of a firearm as on the Judiciary. originally manufactured; The time has come to stop dangerous (B) any good manufactured or sold— Mr. TORRICELLI. Mr. President, I and defective guns from killing Amer- (i) for replacement or improvement of a rise today to introduce the Firearms ican consumers. I urge my colleagues firearm; or Safety and Consumer Protection Act of to support this bill. I ask that the text (ii) as any accessory or addition to the fire- 2001. I am sure that this bill will face of the bill be printed in the RECORD. arm; and opposition, but I am equally sure that There being no objection, the bill was (C) any good that is not a part or compo- the need for this bill is so clear, and ordered to be printed in the RECORD, as nent of a firearm and is manufactured, sold, the logic so unquestionable, that we follows: delivered, offered, or intended for use exclu- sively to safeguard individuals from injury will eventually see gun consumers S. 330 fighting for the passage of the legisla- by a firearm. Be it enacted by the Senate and House of Rep- (3) FIREARM PRODUCT.—The term ‘‘firearm tion. resentatives of the United States of America in product’’ means a firearm, firearm part, non- Mr. President, I have long fought Congress assembled, powder firearm, and ammunition. against the gun injuries that have SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (4) FIREARM SAFETY REGULATION.—The plagued America for years. We suc- (a) SHORT TITLE.—This Act may be cited as term ‘‘firearm safety regulation’’ means a ceeded in enacting the Brady bill and the ‘‘Firearms Safety and Consumer Protec- regulation prescribed under this Act. the ban on devastating assault weap- tion Act of 2001’’. (5) FIREARM SAFETY STANDARD.—The term ons. And in the 104th Congress, even in (b) TABLE OF CONTENTS.—The table of con- ‘‘firearm safety standard’’ means a standard the midst of what many consider a hos- tents for this Act is as follows: promulgated under this Act. (6) NONPOWDER FIREARM.—The term ‘‘non- tile Congress, we told domestic vio- Sec. 1. Short title; table of contents. powder firearm’’ means a device specifically lence offenders that they could no Sec. 2. Purposes. designed to discharge BBs, pellets, darts, or Sec. 3. Definitions. longer own a gun. These were each similar projectiles by the release of stored measures aimed at the criminal misuse TITLE I—REGULATION OF FIREARM energy. of firearms. PRODUCTS (7) SECRETARY.—The term ‘‘Secretary’’ But there is another subject that the Sec. 101. Regulatory authority. means the Secretary of the Treasury or the NRA just hates to talk about—the Sec. 102. Orders; inspections. designee of the Secretary. countless injuries that occur to inno- TITLE II—PROHIBITIONS (b) OTHER TERMS.—Each term used in this Act that is not defined in subsection (a) shall cent gun owners, recreational hunters, Sec. 201. Prohibitions. and to law enforcement. Every year in have the meaning (if any) given that term in Sec. 202. Inapplicability to governmental au- section 921(a) of title 18, United States Code. this country, countless people die and thorities. many more are injured by defective or TITLE I—REGULATION OF FIREARM TITLE III—ENFORCEMENT PRODUCTS poorly manufactured firearms. Yet the SUBTITLE A—CIVIL ENFORCEMENT Consumer Products Safety Commis- SEC. 101. REGULATORY AUTHORITY. Sec. 301. Civil penalties. (a) IN GENERAL.—The Secretary shall pre- sion, which has the power to regulate Sec. 302. Injunctive enforcement and seizure. scribe such regulations governing the design, every other product sold to the Amer- Sec. 303. Imminently hazardous firearms. manufacture, and performance of, and com- ican consumer, lacks the ability to reg- Sec. 304. Private cause of action. merce in, firearm products, consistent with ulate the manufacture of firearms. Sec. 305. Private enforcement of this Act. this Act, as are reasonably necessary to re- Amazingly, in a nation that regu- Sec. 306. Effect on private remedies. duce or prevent unreasonable risk of injury lates everything from the air we SUBTITLE B—CRIMINAL ENFORCEMENT resulting from the use of those products. (b) MAXIMUM INTERVAL BETWEEN ISSUANCE breathe, to the cars we drive, to the Sec. 351. Criminal penalties. OF PROPOSED AND FINAL REGULATION.—Not cribs that hold our children, the most TITLE IV—ADMINISTRATIVE dangerous consumer product sold, fire- later than 120 days after the date on which PROVISIONS the Secretary issues a proposed regulation arms, are unregulated. Studies show Sec. 401. Firearm injury information and re- under subsection (a) with respect to a mat- that inexpensive safety technology and search. ter, the Secretary shall issue a regulation in the elimination of flawed guns could Sec. 402. Annual report to Congress. final form with respect to the matter. prevent a third of accidental firearms TITLE V—RELATIONSHIP TO OTHER LAW (c) PETITIONS.— deaths. Despite this fact, the Federal (1) IN GENERAL.—Any person may petition Sec. 501. Subordination to the Arms Export government is powerless to stop gun the Secretary to— Control Act. (A) issue, amend, or repeal a regulation companies from distributing defective Sec. 502. Effect on State law. guns or failing to warn consumers of prescribed under subsection (a) of this sec- SEC. 2. PURPOSES. tion; or dangerous products. The purposes of this Act are— This gaping loophole in our consumer (B) require the recall, repair, or replace- (1) to protect the public against unreason- ment of a firearm product, or the issuance of protection laws can often be disastrous able risk of injury and death associated with refunds with respect to a firearm product. for gun users. To take just one recent firearms and related products; (2) DEADLINE FOR ACTION ON PETITION.—Not example, even when a gun manufac- (2) to develop safety standards for firearms later than 120 days after the date on which turer discovered that it had sold count- and related products; the Secretary receives a petition referred to less defective guns with a tendency to (3) to assist consumers in evaluating the in paragraph (1), the Secretary shall— misfire, no recall was mandated and no comparative safety of firearms and related (A) grant, in whole or in part, or deny the action could be taken by the federal products; petition; and (4) to promote research and investigation government. The guns remained on the (B) provide the petitioner with the reasons into the causes and prevention of firearm-re- for granting or denying the petition. street, and consumers were defenseless. lated deaths and injuries; and Time after time, consumers, hunters, SEC. 102. ORDERS; INSPECTIONS. (5) to restrict the availability of weapons (a) AUTHORITY TO PROHIBIT MANUFACTURE, and gun owners are each left out in the that pose an unreasonable risk of death or SALE, OR TRANSFER OF FIREARM PRODUCTS cold, without the knowledge of danger injury. MADE, IMPORTED, TRANSFERRED, OR DISTRIB- or the assistance necessary to protect SEC. 3. DEFINITIONS. UTED IN VIOLATION OF REGULATION.—The Sec- themselves from it. (a) SPECIFIC TERMS.—In this Act: retary may issue an order prohibiting the For too long now, the gun industry (1) FIREARMS DEALER.—The term ‘‘firearms manufacture, sale, or transfer of a firearm has successfully kept guns exempt dealer’’ means— product which the Secretary finds has been from consumer protection laws, and we (A) any person engaged in the business (as manufactured, or has been or is intended to must finally bring guns into line with defined in section 921(a)(21)(C) of title 18, be imported, transferred, or distributed in every other consumer product. Logic, United States Code) of dealing in firearms at violation of a regulation prescribed under wholesale or retail; this Act. common sense, and the many innocent (B) any person engaged in the business (as (b) AUTHORITY TO REQUIRE THE RECALL, RE- victims of defective firearms all cry defined in section 921(a)(21)(D) of title 18, PAIR, OR REPLACEMENT OF, OR THE PROVISION out for us to act—and act we must. United States Code) of repairing firearms or OF REFUNDS WITH RESPECT TO FIREARM PROD- To that end, I am introducing the of making or fitting special barrels, stocks, UCTS.—The Secretary may issue an order re- Firearms Safety and Consumer Protec- or trigger mechanisms to firearms; and quiring the manufacturer of, and any dealer February 14, 2001 CONGRESSIONAL RECORD — SENATE S1405 in, a firearm product which the Secretary de- (A) the name and address of the manufac- of the United States may bring an action to termines poses an unreasonable risk of in- turer of the product; restrain any violation of section 201 in the jury to the public, is not in compliance with (B) the name and address of any importer United States district court for any district a regulation prescribed under this Act, or is of the product; in which the violation has occurred, or in defective, to— (C) the model number of the product and which the defendant is found or transacts (1) provide notice of the risks associated the date the product was manufactured; business. with the product, and of how to avoid or re- (D) a specification of the regulations pre- (b) CONDEMNATION.— duce the risks, to— scribed under this Act that apply to the (1) IN GENERAL.—Upon request of the Sec- (A) the public; product; and retary, the Attorney General of the United (B) in the case of the manufacturer of the (E) the certificate required by subsection States may bring an action in rem for con- product, each dealer in the product; and (a)(3) with respect to the product; and demnation of a qualified firearm product in (C) in the case of a dealer in the product, (2) is located prominently in conspicuous the United States district court for any dis- the manufacturer of the product and the and legible type in contrast by typography, trict in which the Secretary has found and other persons known to the dealer as dealers layout, or color with other printed matter on seized for confiscation the product. in the product; the label. (2) QUALIFIED FIREARM PRODUCT DEFINED.— (2) bring the product into conformity with (d) FAILURE TO MAINTAIN OR PERMIT IN- In paragraph (1), the term ‘‘qualified firearm the regulations prescribed under this Act; SPECTION OF RECORDS.—It shall be unlawful product’’ means a firearm product— (3) repair the product; for an importer of, manufacturer of, or deal- (A) that is being transported or having (4) replace the product with a like or equiv- er in a firearm product to fail to— been transported remains unsold, is sold or alent product which is in compliance with (1) maintain such records, and supply such offered for sale, is imported, or is to be ex- those regulations; information, as the Secretary may require in ported; and (5) refund the purchase price of the prod- order to ascertain compliance with this Act (B)(i) that is not in compliance with a reg- uct, or, if the product is more than 1 year and the regulations and orders issued under ulation prescribed or an order issued under old, a lesser amount based on the value of this Act; and this Act; or the product after reasonable use; (2) permit the Secretary to inspect and (ii) with respect to which relief has been (6) recall the product from the stream of copy those records at reasonable times. granted under section 303. commerce; or (e) IMPORTATION AND EXPORTATION OF SEC. 303. IMMINENTLY HAZARDOUS FIREARMS. UNCERTIFIED FIREARM PRODUCTS.—It shall be (7) submit to the Secretary a satisfactory (a) IN GENERAL.—Notwithstanding the plan for implementation of any action re- unlawful for any person to import into the pendency of any other proceeding in a court United States or export a firearm product quired under this subsection. of the United States, the Secretary may that is not accompanied by the certificate (c) AUTHORITY TO PROHIBIT MANUFACTURE, bring an action in a United States district required by subsection (a)(3). IMPORTATION, TRANSFER, DISTRIBUTION, OR court to restrain any person who is a manu- (f) COMMERCE IN FIREARM PRODUCTS IN VIO- EXPORT OF UNREASONABLY RISKY FIREARM facturer of, or dealer in, an imminently haz- LATION OF ORDER ISSUED OR REGULATION PRE- PRODUCTS.—The Secretary may issue an SCRIBED UNDER THIS ACT.—It shall be unlaw- ardous firearm product from manufacturing, order prohibiting the manufacture, importa- ful for any person to manufacture, offer for distributing, transferring, importing, or ex- tion, transfer, distribution, or export of a sale, distribute in commerce, import into the porting the product. firearm product if the Secretary determines United States, or export a firearm product— (b) IMMINENTLY HAZARDOUS FIREARM PROD- that the exercise of other authority under (1) that is not in conformity with the regu- UCT.—In subsection (a), the term ‘‘immi- this Act would not be sufficient to prevent lations prescribed under this Act; or nently hazardous firearm product’’ means the product from posing an unreasonable (2) in violation of an order issued under any firearm product with respect to which risk of injury to the public. this Act. the Secretary determines that— (d) INSPECTIONS.—When the Secretary has (g) STOCKPILING.—It shall be unlawful for (1) the product poses an unreasonable risk reason to believe that a violation of this Act any person to manufacture, purchase, or im- of injury to the public; and or of a regulation or order issued under this port a firearm product, after the date a regu- (2) time is of the essence in protecting the Act is being or has been committed, the Sec- lation is prescribed under this Act with re- public from the risks posed by the product. retary may, at reasonable times— spect to the product and before the date the (c) RELIEF.—In an action brought under (1) enter any place in which firearm prod- regulation takes effect, at a rate that is sig- subsection (a), the court may grant such ucts are manufactured, stored, or held, for nificantly greater than the rate at which the temporary or permanent relief as may be distribution in commerce, and inspect those person manufactured, purchased, or im- necessary to protect the public from the areas where the products are manufactured, ported the product during a base period (pre- risks posed by the firearm product, includ- stored, or held; and scribed by the Secretary in regulations) end- ing— (2) enter and inspect any conveyance being ing before the date the regulation is so pre- (1) seizure of the product; and used to transport a firearm product. scribed. (2) an order requiring— TITLE II—PROHIBITIONS SEC. 202. INAPPLICABILITY TO GOVERNMENTAL (A) the purchasers of the product to be no- SEC. 201. PROHIBITIONS. AUTHORITIES. tified of the risks posed by the product; (a) FAILURE OF MANUFACTURER TO TEST Section 201 does not apply to any depart- (B) the public to be notified of the risks AND CERTIFY FIREARM PRODUCTS.—It shall be ment or agency of the United States, of a posed by the product; or unlawful for the manufacturer of a firearm State, or of a political subdivision of a State, (C) the defendant to recall, repair, or re- product to transfer, distribute, or export a or to any official conduct of any officer or place the product, or refund the purchase firearm product unless— employee of such a department or agency. price of the product (or, if the product is (1) the manufacturer has tested the prod- TITLE III—ENFORCEMENT more than 1 year old, a lesser amount based uct in order to ascertain whether the prod- Subtitle A—Civil Enforcement on the value of the product after reasonable use). uct is in conformity with the regulations SEC. 301. CIVIL PENALTIES. (d) VENUE.—An action under subsection prescribed under section 101; (a) AUTHORITY TO IMPOSE FINES.— (a)(2) may be brought in the United States (2) the product is in conformity with those (1) IN GENERAL.—The Secretary shall im- district court for the District of Columbia or regulations; and pose upon any person who violates section for any district in which any defendant is (3) the manufacturer has included in the 201 a civil fine in an amount that does not found or transacts business. packaging of the product, and furnished to exceed the applicable amount described in each person to whom the product is distrib- subsection (b). SEC. 304. PRIVATE CAUSE OF ACTION. uted, a certificate stating that the product is (2) SCOPE OF OFFENSE.—Each violation of (a) IN GENERAL.—Any person aggrieved by in conformity with those regulations. section 201 (other than of subsection (a)(3) or any violation of this Act or of any regulation (b) FAILURE OF MANUFACTURER TO PROVIDE (d) of that section) shall constitute a sepa- prescribed or order issued under this Act by NOTICE OF NEW TYPES OF FIREARM PROD- rate offense with respect to each firearm another person may bring an action against UCTS.—It shall be unlawful for the manufac- product involved. such other person in any United States dis- turer of a new type of firearm product to (b) APPLICABLE AMOUNT.— trict court for damages, including con- manufacture the product, unless the manu- (1) FIRST 5-YEAR PERIOD.—The applicable sequential damages. In any action under this facturer has provided the Secretary with— amount for the 5-year period immediately section, the court, in its discretion, may (1) notice of the intent of the manufacturer following the date of enactment of this Act award to a prevailing plaintiff a reasonable to manufacture the product; and is $5,000, or $10,000 if the violation is willful. attorney’s fee as part of the costs. (2) a description of the product. (2) THEREAFTER.—The applicable amount (b) RULE OF INTERPRETATION.—The remedy (c) FAILURE OF MANUFACTURER OR DEALER during any time after the 5-year period de- provided for in subsection (a) shall be in ad- TO LABEL FIREARM PRODUCTS.—It shall be scribed in paragraph (1) is $10,000, or $20,000 if dition to any other remedy provided by com- unlawful for a manufacturer of or dealer in the violation is willful. mon law or under Federal or State law. firearms to transfer, distribute, or export a SEC. 302. INJUNCTIVE ENFORCEMENT AND SEI- SEC. 305. PRIVATE ENFORCEMENT OF THIS ACT. firearm product unless the product is accom- ZURE. Any interested person may bring an action panied by a label that— (a) INJUNCTIVE ENFORCEMENT.—Upon re- in any United States district court to en- (1) contains— quest of the Secretary, the Attorney General force this Act, or restrain any violation of S1406 CONGRESSIONAL RECORD — SENATE February 14, 2001 this Act or of any regulation prescribed or (5) a log and summary of meetings between President Clinton vetoed. Excluding order issued under this Act. In any action the Secretary or employees of the Secretary capital gains from the sale of farmland under this section, the court, in its discre- and representatives of industry, interested would put production agriculture on tion, may award to a prevailing plaintiff a groups, or other interested parties. the same footing as homeowners who reasonable attorney’s fee as part of the TITLE V—RELATIONSHIP TO OTHER LAW costs. benefit from a capital gains exclusion SEC. 501. SUBORDINATION TO ARMS EXPORT for their home. The deduction of health SEC. 306. EFFECT ON PRIVATE REMEDIES. CONTROL ACT. (a) IRRELEVANCY OF COMPLIANCE WITH THIS In the event of any conflict between any care insurance premiums is needed for ACT.—Compliance with this Act or any order provision of this Act and any provision of farmers and others who are self-em- issued or regulation prescribed under this the Arms Export Control Act, the provision ployed. Act shall not relieve any person from liabil- of the Arms Export Control Act shall con- Last year Congress provided over $8 ity to any person under common law or trol. billion to improve the federal crop in- State statutory law. SEC. 502. EFFECT ON STATE LAW. surance program. While crop insurance (b) IRRELEVANCY OF FAILURE TO TAKE AC- (a) IN GENERAL.—This Act shall not be con- is an important risk management tool, TION UNDER THIS ACT.—The failure of the strued to preempt any provision of the law of Secretary to take any action authorized today we offer two other risk manage- any State or political subdivision thereof, or under this Act shall not be admissible in liti- ment tools for farmers—income aver- prevent a State or political subdivision gation relating to the product under com- aging and FARRM accounts. Three thereof from enacting any provision of law mon law or State statutory law. regulating or prohibiting conduct with re- years ago Congress made income aver- Subtitle B—Criminal Enforcement spect to a firearm product, except to the ex- aging a permanent risk management SEC. 351. CRIMINAL PENALTIES. tent that such provision of law is incon- tool for farmers when calculating Any person who has received from the Sec- sistent with any provision of this Act, and taxes. Unfortunately, the interaction retary a notice that the person has violated then only to the extent of the inconsistency. between income averaging and the al- a provision of this Act or of a regulation pre- (b) RULE OF CONSTRUCTION.—A provision of ternative minimum tax has prevented scribed under this Act with respect to a fire- State law is not inconsistent with this Act if many farmers from receiving the ben- arm product and knowingly violates that the provision imposes a regulation or prohi- provision with respect to the product shall bition of greater scope or a penalty of great- efit of income averaging. This bill fixes be fined under title 18, United States Code, er severity than any prohibition or penalty that problem. Under this bill, farmers imprisoned not more than 2 years, or both. imposed by this Act. will be able to contribute up to 20 per- TITLE IV—ADMINISTRATIVE PROVISIONS cent of annual farm income into a SEC. 401. FIREARM INJURY INFORMATION AND By Mr. LUGAR (for himself, Mr. FARRM account and deduct this RESEARCH. ROBERTS, Mr. MCCONNELL, and amount from their taxes. This is an im- (a) IN GENERAL.—The Secretary shall— Mr. BURNS): portant tool for managing financial (1) collect, investigate, analyze, and share S. 333. A bill to provide tax and regu- volatility associated with farming. with other appropriate government agencies latory relief for farmers and to improve We also address regulatory reform in circumstances of death and injury associated the competitiveness of American agri- our bill. We are seeking a review of ex- with firearms; and cultural commodities and products in (2) conduct continuing studies and inves- isting and proposed regulations to de- tigations of economic costs and losses result- global markets; to the Committee on termine the cost of compliance for ing from firearm-related deaths and injuries. Finance. farmers, ranchers and foresters. We (b) OTHER DATA.—The Secretary shall— Mr. LUGAR. Mr. President, I rise want to determine if there are more (1) collect and maintain current production today to introduce the Rural America cost-effective ways for farmers, ranch- and sales figures for each licensed manufac- Prosperity Act of 2001. I am pleased ers and foresters to achieve the objec- turer, broken down by the model, caliber, that Senator ROBERTS, Senator MCCON- tives of these regulations. and type of firearms produced and sold by NELL, and Senator BURNS joined as co- Finally, we must do more to help de- the licensee, including a list of the serial numbers of such firearms; sponsors of this bill. velop new markets abroad for our farm (2) conduct research on, studies of, and in- A Republican controlled Congress in commodities and agricultural prod- vestigation into the safety of firearm prod- 1996 produced a sweeping reform of ucts. Opportunity lies in developing ucts and improving the safety of firearm farm programs. Farmers were no countries where growing wealth allows products; and longer told by the government what for increased demand for meat and (3) develop firearm safety testing methods crops they had to plant. Farmers were processed commodities. Authorizing and testing devices. no longer forced by the government to fast-track authority for the President (c) AVAILABILITY OF INFORMATION.—On a idle part of their land in exchange for regular basis, but not less frequently than to negotiate international trade agree- annually, the Secretary shall make available program payments. That farm bill dis- ments may be the single most impor- to the public the results of the activities of entangled farmers from government tant thing we can do to facilitate ex- the Secretary under subsections (a) and (b). controls and enabled them to make ports. SEC. 402. ANNUAL REPORT TO CONGRESS. production decisions based on market We also need to address sanctions. (a) IN GENERAL.—The Secretary shall pre- signals. Sanctions that prohibit the export of pare and submit to the President and Con- Freeing farmers from excessive, and U.S. agricultural products into the gress at the beginning of each regular ses- often counterproductive, government sanctioned country are often morally sion of Congress, a comprehensive report on controls is an important step, but we indefensible because they deny neces- the administration of this Act for the most still need to do more to give farmers recently completed fiscal year. sities to people, not the offending gov- (b) CONTENTS.—Each report submitted the tools they need to succeed. Specifi- ernment. Such sanctions also deny under subsection (a) shall include— cally, we need to work to open foreign markets for U.S. agricultural products (1) a thorough description, developed in co- markets for our agricultural commod- which are then captured by our com- ordination with the Secretary of Health and ities and products, ease the tax and petitors. This legislation only affects Human Services, of the incidence of injury regulatory burden, and provide new commercial sales (excluding all Gov- and death and effects on the population re- risk management tools for farmers. ernment subsidized trade programs) in- sulting from firearm products, including sta- The Rural America Prosperity Act of volving United States agricultural tistical analyses and projections, and a breakdown, as practicable, among the var- 2001, which we are introducing today, commodities, livestock, and value- ious types of such products associated with will help us meet these unfulfilled added products. the injuries and deaths; promises to rural America. This legislation represents what I be- (2) a list of firearm safety regulations pre- There are three tax provisions in this lieve is necessary to further the his- scribed that year; legislation that I have long advocated toric reforms initiated in the farm bill (3) an evaluation of the degree of compli- as crucial to the financial health of almost five years ago. I urge my col- ance with firearm safety regulations, includ- farmers. First is the repeal of the es- leagues to cosponsor this bill. I will en- ing a list of enforcement actions, court deci- tate tax. A repeal of this tax, which courage my colleagues and the new sions, and settlements of alleged violations, has prevented some farms from being by name and location of the violator or al- Bush administration to work to enact leged violator, as the case may be; passed from one generation to the next, these proposals. (4) a summary of the outstanding problems is essential. We are proposing the same Mr. President, I ask unanimous con- hindering enforcement of this Act, in the 10-year phase-out of the estate tax sent that the text of the bill be printed order of priority; and which Congress passed last year but in the RECORD. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1407 There being no objection, the bill was ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case ‘‘(2) COORDINATION WITH INCOME AVERAGING ordered to be printed in the RECORD, as of an individual who is an employee within FOR FARMERS.—Solely for purposes of this follows: the meaning of section 401(c)(1), there shall section, section 1301 (relating to averaging of be allowed as a deduction under this section farm income) shall not apply in computing S. 333 an amount equal to 100 percent of the the regular tax.’’. Be it enacted by the Senate and House of Rep- amount paid during the taxable year for in- (b) EFFECTIVE DATE.—The amendment resentatives of the United States of America in surance which constitutes medical care for made by this section shall apply to taxable Congress assembled, the taxpayer, his spouse, and dependents.’’. years beginning after December 31, 1997. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (b) EFFECTIVE DATE.—The amendment SEC. 104. FARM AND RANCH RISK MANAGEMENT (a) SHORT TITLE.—This Act may be cited as made by this section shall apply to taxable ACCOUNTS. the ‘‘Rural America Prosperity Act of 2001’’. years beginning after December 31, 2001. (a) IN GENERAL.—Subpart C of part II of (b) TABLE OF CONTENTS.—The table of con- SEC. 102. EXCLUSION OF GAIN FROM SALE OF subchapter E of chapter 1 of the Internal tents of this Act is as follows: FARMLAND. Revenue Code of 1986 (relating to taxable Sec. 1. Short title; table of contents. (a) IN GENERAL.—Part III of subchapter B year for which deductions taken) is amended TITLE I—TAX RELIEF FOR FARMERS of chapter 1 of the Internal Revenue Code of by inserting after section 468B the following: 1986 (relating to items specifically excluded Subtitle A—General Tax Provisions ‘‘SEC. 468C. FARM AND RANCH RISK MANAGE- from gross income) is amended by inserting MENT ACCOUNTS. Sec. 101. Deduction for 100 percent of health after section 121 the following: ‘‘(a) DEDUCTION ALLOWED.—In the case of insurance costs of self-em- ‘‘SEC. 121A. EXCLUSION OF GAIN FROM SALE OF an individual engaged in an eligible farming ployed individuals. QUALIFIED FARM PROPERTY. business, there shall be allowed as a deduc- Sec. 102. Exclusion of gain from sale of ‘‘(a) EXCLUSION.—In the case of a natural tion for any taxable year the amount paid in farmland. person, gross income shall not include gain cash by the taxpayer during the taxable year Sec. 103. Income averaging for farmers not from the sale or exchange of qualified farm to a Farm and Ranch Risk Management Ac- to increase alternative min- property. count (hereinafter referred to as the imum tax liability. ‘‘(b) LIMITATION.— ‘FARRM Account’). Sec. 104. Farm and ranch risk management ‘‘(1) IN GENERAL.—The amount of gain ex- accounts. ‘‘(b) LIMITATION.—The amount which a tax- cluded from gross income under subsection payer may pay into the FARRM Account for Subtitle B—Estate and Gift Tax Relief (a) with respect to any taxable year shall not any taxable year shall not exceed 20 percent Sec. 111. Repeal of estate, gift, and genera- exceed $500,000 ($250,000 in the case of a mar- of so much of the taxable income of the tax- tion-skipping taxes. ried individual filing a separate return), re- payer (determined without regard to this Sec. 112. Termination of step up in basis at duced by the aggregate amount of gain ex- section) which is attributable (determined in death. cluded under subsection (a) for all preceding the manner applicable under section 1301) to Sec. 113. Carryover basis at death. taxable years. any eligible farming business. Sec. 114. Additional reductions of estate and ‘‘(2) SPECIAL RULE FOR JOINT RETURNS.—The ‘‘(c) ELIGIBLE FARMING BUSINESS.—For pur- gift tax rates. amount of the exclusion under subsection (a) poses of this section, the term ‘eligible farm- Sec. 115. Unified credit against estate and on a joint return for any taxable year shall ing business’ means any farming business (as gift taxes replaced with unified be allocated equally between the spouses for defined in section 263A(e)(4)) which is not a exemption amount. purposes of applying the limitation under passive activity (within the meaning of sec- Sec. 116. Deemed allocation of GST exemp- paragraph (1) for any succeeding taxable tion 469(c)) of the taxpayer. tion to lifetime transfers to year. ‘‘(d) FARRM ACCOUNT.—For purposes of trusts; retroactive allocations. ‘‘(c) QUALIFIED FARM PROPERTY.—For pur- this section— Sec. 117. Severing of trusts. poses of this section— ‘‘(1) IN GENERAL.—The term ‘FARRM Ac- Sec. 118. Modification of certain valuation ‘‘(1) IN GENERAL.—The term ‘qualified farm count’ means a trust created or organized in rules. property’ means real property located in the the United States for the exclusive benefit of Sec. 119. Relief provisions. United States if, during periods aggregating the taxpayer, but only if the written gov- Sec. 120. Expansion of estate tax rule for 3 years or more of the 5-year period ending erning instrument creating the trust meets conservation easements. on the date of the sale or exchange of such the following requirements: TITLE II—STUDY OF COSTS OF REGULA- real property— ‘‘(A) No contribution will be accepted for TIONS ON FARMERS, RANCHERS, AND ‘‘(A) such real property was used by the any taxable year in excess of the amount al- FORESTERS taxpayer or a member of the family of the lowed as a deduction under subsection (a) for Sec. 201. Comptroller General study of regu- taxpayer as a farm for farming purposes, and such year. lations. ‘‘(B) there was material participation by ‘‘(B) The trustee is a bank (as defined in Sec. 202. Response of Secretary of Agri- the taxpayer (or such a member) in the oper- section 408(n)) or another person who dem- culture. ation of the farm. onstrates to the satisfaction of the Secretary ‘‘(2) OTHER DEFINITIONS.—The terms ‘mem- TITLE III—EXTENSION OF TRADE AU- that the manner in which such person will ber of the family’, ‘farm’, and ‘farming pur- THORITIES PROCEDURES FOR RECIP- administer the trust will be consistent with poses’ have the respective meanings given ROCAL TRADE AGREEMENTS the requirements of this section. such terms by paragraphs (2), (4), and (5) of Sec. 301. Short title. ‘‘(C) The assets of the trust consist en- section 2032A(e). tirely of cash or of obligations which have Sec. 302. Trade negotiating objectives. ‘‘(3) SPECIAL RULES.—Rules similar to the Sec. 303. Trade agreements authority. adequate stated interest (as defined in sec- rules of paragraphs (4) and (5) of section tion 1274(c)(2)) and which pay such interest Sec. 304. Consultations. 2032A(b) and paragraphs (3) and (6) of section Sec. 305. Implementation of trade agree- not less often than annually. 2032A(e) shall apply. ments. ‘‘(D) All income of the trust is distributed ‘‘(d) OTHER RULES.—For purposes of this Sec. 306. Treatment of certain trade agree- currently to the grantor. section, rules similar to the rules of sub- ments. ‘‘(E) The assets of the trust will not be section (e) and subsection (f) of section 121 Sec. 307. Conforming amendments. commingled with other property except in a shall apply.’’. Sec. 308. Definitions. common trust fund or common investment (b) CONFORMING AMENDMENT.—The table of fund. TITLE IV—AGRICULTURAL TRADE sections for part III of subchapter B of chap- ‘‘(2) ACCOUNT TAXED AS GRANTOR TRUST.— FREEDOM ter 1 of the Internal Revenue Code of 1986 is The grantor of a FARRM Account shall be Sec. 401. Short title. amended by inserting after the item relating treated for purposes of this title as the Sec. 402. Definitions. to section 121 the following: owner of such Account and shall be subject Sec. 403. Agricultural commodities, live- ‘‘Sec. 121A. Exclusion of gain from sale of to tax thereon in accordance with subpart E stock, and products exempt qualified farm property.’’. of part I of subchapter J of this chapter (re- from unilateral agricultural lating to grantors and others treated as sub- sanctions. (c) EFFECTIVE DATE.—The amendments stantial owners). Sec. 404. Sale or barter of food assistance. made by this section shall apply to any sale or exchange after the date of enactment of ‘‘(e) INCLUSION OF AMOUNTS DISTRIBUTED.— TITLE I—TAX RELIEF FOR FARMERS this Act in taxable years ending after such ‘‘(1) IN GENERAL.—Except as provided in Subtitle A—General Tax Provisions date. paragraph (2), there shall be includible in the SEC. 101. DEDUCTION FOR 100 PERCENT OF SEC. 103. INCOME AVERAGING FOR FARMERS gross income of the taxpayer for any taxable HEALTH INSURANCE COSTS OF NOT TO INCREASE ALTERNATIVE year— SELF-EMPLOYED INDIVIDUALS. MINIMUM TAX LIABILITY. ‘‘(A) any amount distributed from a (a) IN GENERAL.—Paragraph (1) of section (a) IN GENERAL.—Section 55(c) of the Inter- FARRM Account of the taxpayer during such 162(l) of the Internal Revenue Code of 1986 nal Revenue Code of 1986 (defining regular taxable year, and (relating to special rules for health insur- tax) is amended by redesignating paragraph ‘‘(B) any deemed distribution under— ance costs of self-employed individuals) is (2) as paragraph (3) and by inserting after ‘‘(i) subsection (f)(1) (relating to deposits amended to read as follows: paragraph (1) the following: not distributed within 5 years), S1408 CONGRESSIONAL RECORD — SENATE February 14, 2001 ‘‘(ii) subsection (f)(2) (relating to cessation for filing the return of tax for such taxable (relating to failure to provide reports on cer- in eligible farming business), and year. tain tax-favored accounts or annuities) is ‘‘(iii) subparagraph (A) or (B) of subsection ‘‘(5) INDIVIDUAL.—For purposes of this sec- amended by redesignating subparagraphs (C) (f)(3) (relating to prohibited transactions and tion, the term ‘individual’ shall not include and (D) as subparagraphs (D) and (E), respec- pledging account as security). an estate or trust. tively, and by inserting after subparagraph ‘‘(2) EXCEPTIONS.—Paragraph (1)(A) shall ‘‘(6) DEDUCTION NOT ALLOWED FOR SELF-EM- (B) the following: not apply to— PLOYMENT TAX.—The deduction allowable by ‘‘(C) section 468C(g) (relating to FARRM ‘‘(A) any distribution to the extent attrib- reason of subsection (a) shall not be taken Accounts),’’. utable to income of the Account, and into account in determining an individual’s (e) CLERICAL AMENDMENT.—The table of ‘‘(B) the distribution of any contribution net earnings from self-employment (within sections for subpart C of part II of sub- paid during a taxable year to a FARRM Ac- the meaning of section 1402(a)) for purposes chapter E of chapter 1 of the Internal Rev- count to the extent that such contribution of chapter 2. enue Code of 1986 is amended by inserting exceeds the limitation applicable under sub- ‘‘(g) REPORTS.—The trustee of a FARRM after the item relating to section 468B the section (b) if requirements similar to the re- Account shall make such reports regarding following: such Account to the Secretary and to the quirements of section 408(d)(4) are met. ‘‘Sec. 468C. Farm and Ranch Risk Manage- person for whose benefit the Account is For purposes of subparagraph (A), distribu- ment Accounts.’’. maintained with respect to contributions, tions shall be treated as first attributable to distributions, and such other matters as the (f) EFFECTIVE DATE.—The amendments income and then to other amounts. Secretary may require under regulations. made by this section shall apply to taxable ‘‘(f) SPECIAL RULES.— The reports required by this subsection shall years beginning after December 31, 2001. ‘‘(1) TAX ON DEPOSITS IN ACCOUNT WHICH ARE be filed at such time and in such manner and Subtitle B—Estate and Gift Tax Relief NOT DISTRIBUTED WITHIN 5 YEARS.— furnished to such persons at such time and in SEC. 111. REPEAL OF ESTATE, GIFT, AND GEN- ‘‘(A) IN GENERAL.—If, at the close of any such manner as may be required by such reg- ERATION-SKIPPING TAXES. taxable year, there is a nonqualified balance ulations.’’. (a) IN GENERAL.—Subtitle B of the Internal in any FARRM Account— (b) TAX ON EXCESS CONTRIBUTIONS.— Revenue Code of 1986 is hereby repealed. ‘‘(i) there shall be deemed distributed from (1) Subsection (a) of section 4973 of the In- (b) EFFECTIVE DATE.—The repeal made by such Account during such taxable year an ternal Revenue Code of 1986 (relating to tax subsection (a) shall apply to the estates of amount equal to such balance, and on excess contributions to certain tax-fa- decedents dying, and gifts and generation- ‘‘(ii) the taxpayer’s tax imposed by this vored accounts and annuities) is amended by skipping transfers made, after December 31, chapter for such taxable year shall be in- striking ‘‘or’’ at the end of paragraph (3), by 2010. creased by 10 percent of such deemed dis- redesignating paragraph (4) as paragraph (5), SEC. 112. TERMINATION OF STEP UP IN BASIS AT tribution. and by inserting after paragraph (3) the fol- DEATH. The preceding sentence shall not apply if an lowing: (a) TERMINATION OF APPLICATION OF SEC- amount equal to such nonqualified balance is ‘‘(4) a FARRM Account (within the mean- TION 1014.—Section 1014 of the Internal Rev- distributed from such Account to the tax- ing of section 468C(d)), or’’. enue Code of 1986 (relating to basis of prop- payer before the due date (including exten- (2) Section 4973 of such Code, is amended erty acquired from a decedent) is amended sions) for filing the return of tax imposed by by adding at the end the following: by adding at the end the following: ‘‘(g) EXCESS CONTRIBUTIONS TO FARRM AC- this chapter for such year (or, if earlier, the ‘‘(f) TERMINATION.—In the case of a dece- COUNTS.—For purposes of this section, in the date the taxpayer files such return for such dent dying after December 31, 2010, this sec- case of a FARRM Account (within the mean- year). tion shall not apply to property for which ing of section 468C(d)), the term ‘excess con- ‘‘(B) NONQUALIFIED BALANCE.—For purposes basis is provided by section 1022.’’. tributions’ means the amount by which the of subparagraph (A), the term ‘nonqualified (b) CONFORMING AMENDMENT.—Subsection amount contributed for the taxable year to balance’ means any balance in the Account (a) of section 1016 of the Internal Revenue the Account exceeds the amount which may on the last day of the taxable year which is Code of 1986 (relating to adjustments to be contributed to the Account under section attributable to amounts deposited in such basis) is amended by striking ‘‘and’’ at the 468C(b) for such taxable year. For purposes of Account before the 4th preceding taxable end of paragraph (26), by striking the period this subsection, any contribution which is year. at the end of paragraph (27) and inserting ‘‘, distributed out of the FARRM Account in a ‘‘(C) ORDERING RULE.—For purposes of this and’’, and by adding at the end the following: distribution to which section 468C(e)(2)(B) paragraph, distributions from a FARRM Ac- ‘‘(28) to the extent provided in section 1022 applies shall be treated as an amount not count (other than distributions of current in- (relating to basis for certain property ac- contributed.’’. come) shall be treated as made from deposits quired from a decedent dying after December (3) The section heading for section 4973 of in the order in which such deposits were 31, 2010).’’. such Code is amended to read as follows: made, beginning with the earliest deposits. SEC. 113. CARRYOVER BASIS AT DEATH. ‘‘SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ‘‘(2) CESSATION IN ELIGIBLE BUSINESS.—At (a) GENERAL RULE.—Part II of subchapter ACCOUNTS, ANNUITIES, ETC.’’. the close of the first disqualification period O of chapter 1 of the Internal Revenue Code after a period for which the taxpayer was en- (4) The table of sections for chapter 43 of of 1986 (relating to basis rules of general ap- gaged in an eligible farming business, there such Code is amended by striking the item plication) is amended by inserting after sec- shall be deemed distributed from the relating to section 4973 and inserting the fol- tion 1021 the following new section: lowing: FARRM Account of the taxpayer an amount ‘‘SEC. 1022. CARRYOVER BASIS FOR CERTAIN equal to the balance in such Account (if any) ‘‘Sec. 4973. Excess contributions to certain PROPERTY ACQUIRED FROM A DE- at the close of such disqualification period. accounts, annuities, etc.’’. CEDENT DYING AFTER DECEMBER 31, 2010. For purposes of the preceding sentence, the (c) TAX ON PROHIBITED TRANSACTIONS.— term ‘disqualification period’ means any pe- (1) Subsection (c) of section 4975 of the In- ‘‘(a) CARRYOVER BASIS.—Except as other- riod of 2 consecutive taxable years for which ternal Revenue Code of 1986 (relating to tax wise provided in this section, the basis of the taxpayer is not engaged in an eligible on prohibited transactions) is amended by carryover basis property in the hands of a farming business. adding at the end the following: person acquiring such property from a dece- ‘‘(3) CERTAIN RULES TO APPLY.—Rules simi- ‘‘(6) SPECIAL RULE FOR FARRM ACCOUNTS.—A dent shall be determined under section 1015. lar to the following rules shall apply for pur- person for whose benefit a FARRM Account ‘‘(b) CARRYOVER BASIS PROPERTY DE- poses of this section: (within the meaning of section 468C(d)) is es- FINED.— ‘‘(A) Section 220(f)(8) (relating to treat- tablished shall be exempt from the tax im- ‘‘(1) IN GENERAL.—For purposes of this sec- ment on death). posed by this section with respect to any tion, the term ‘carryover basis property’ ‘‘(B) Section 408(e)(2) (relating to loss of transaction concerning such account (which means any property— exemption of account where individual en- would otherwise be taxable under this sec- ‘‘(A) which is acquired from or passed from gages in prohibited transaction). tion) if, with respect to such transaction, the a decedent who died after December 31, 2010, ‘‘(C) Section 408(e)(4) (relating to effect of account ceases to be a FARRM Account by and pledging account as security). reason of the application of section ‘‘(B) which is not excluded pursuant to ‘‘(D) Section 408(g) (relating to community 468C(f)(3)(A) to such account.’’. paragraph (2). property laws). (2) Paragraph (1) of section 4975(e) of such The property taken into account under sub- ‘‘(E) Section 408(h) (relating to custodial Code is amended by redesignating subpara- paragraph (A) shall be determined under sec- accounts). graphs (E) and (F) as subparagraphs (F) and tion 1014(b) without regard to subparagraph ‘‘(4) TIME WHEN PAYMENTS DEEMED MADE.— (G), respectively, and by inserting after sub- (A) of the last sentence of paragraph (9) For purposes of this section, a taxpayer shall paragraph (D) the following: thereof. be deemed to have made a payment to a ‘‘(E) a FARRM Account described in sec- ‘‘(2) CERTAIN PROPERTY NOT CARRYOVER FARRM Account on the last day of a taxable tion 468C(d),’’. BASIS PROPERTY.—The term ‘carryover basis year if such payment is made on account of (d) FAILURE TO PROVIDE REPORTS ON property’ does not include— such taxable year and is made on or before FARRM ACCOUNTS.—Paragraph (2) of section ‘‘(A) any item of gross income in respect of the due date (without regard to extensions) 6693(a) of the Internal Revenue Code of 1986 a decedent described in section 691, February 14, 2001 CONGRESSIONAL RECORD — SENATE S1409

‘‘(B) property of the decedent to the extent SEC. 114. ADDITIONAL REDUCTIONS OF ESTATE (1) ESTATE TAX.—Subsection (b) of section that the aggregate adjusted fair market AND GIFT TAX RATES. 2001 of the Internal Revenue Code of 1986 (re- value of such property does not exceed (a) MAXIMUM RATE OF TAX REDUCED TO 50 lating to computation of tax) is amended to $1,300,000, and PERCENT.— read as follows: ‘‘(C) property which was acquired from the (1) IN GENERAL.—The table contained in ‘‘(b) COMPUTATION OF TAX.— decedent by the surviving spouse of the dece- section 2001(c)(1) of the Internal Revenue ‘‘(1) IN GENERAL.—The tax imposed by this dent (and which would be carryover basis Code of 1986 is amended by striking the two section shall be the amount equal to the ex- property without regard to this subpara- highest brackets and inserting the following: cess (if any) of— graph) but only if the value of such property ‘‘Over $2,500,000 ...... $1,025,800, plus 50% of the ‘‘(A) the tentative tax determined under would have been deductible from the value of excess over $2,500,000.’’. paragraph (2), over the taxable estate of the decedent under sec- (2) PHASE-IN OF REDUCED RATE.—Subsection ‘‘(B) the aggregate amount of tax which tion 2056, as in effect on the day before the (c) of section 2001 of such Code is amended by would have been payable under chapter 12 date of enactment of the Rural America adding at the end the following new para- with respect to gifts made by the decedent Prosperity Act of 2001. graph: after December 31, 1976, if the provisions of ‘‘(3) PHASE-IN OF REDUCED RATE.—In the subsection (c) (as in effect at the decedent’s For purposes of this subsection, the term case of decedents dying, and gifts made, dur- ‘adjusted fair market value’ means, with re- death) had been applicable at the time of ing 2002, the last item in the table contained such gifts. spect to any property, fair market value re- in paragraph (1) shall be applied by sub- duced by any indebtedness secured by such ‘‘(2) TENTATIVE TAX.—For purposes of para- stituting ‘53%’ for ‘50%’.’’. graph (1), the tentative tax determined under property. EPEAL OF PHASEOUT OF GRADUATED (b) R this paragraph is a tax computed under sub- ‘‘(3) LIMITATION ON EXCEPTION FOR PROP- RATES.—Subsection (c) of section 2001 of the section (c) on the excess of— ERTY ACQUIRED BY SURVIVING SPOUSE.—The Internal Revenue Code of 1986 is amended by ‘‘(A) the sum of— adjusted fair market value of property which striking paragraph (2) and redesignating ‘‘(i) the amount of the taxable estate, and is not carryover basis property by reason of paragraph (3), as added by subsection (a), as ‘‘(ii) the amount of the adjusted taxable paragraph (2)(C) shall not exceed $3,000,000. paragraph (2). gifts, over ‘‘(4) ALLOCATION OF EXCEPTED AMOUNTS.— (c) ADDITIONAL REDUCTIONS OF RATES OF ‘‘(B) the exemption amount for the cal- The executor shall allocate the limitations TAX.—Subsection (c) of section 2001 of the In- endar year in which the decedent died. under paragraphs (2)(B) and (3). ternal Revenue Code of 1986, as so amended, ‘‘(3) EXEMPTION AMOUNT.—For purposes of ‘‘(5) INFLATION ADJUSTMENT OF EXCEPTED is amended by adding at the end the fol- paragraph (2), the term ‘exemption amount’ AMOUNTS.—In the case of decedents dying in lowing new paragraph: means the amount determined in accordance a calendar year after 2011, the dollar ‘‘(3) PHASEDOWN OF TAX.—In the case of es- with the following table: amounts in paragraphs (2)(B) and (3) shall tates of decedents dying, and gifts made, each be increased by an amount equal to the during any calendar year after 2003 and be- ‘‘In the case of The exemption product of— fore 2011— calendar year: amount is: ‘‘(A) such dollar amount, and ‘‘(A) IN GENERAL.—Except as provided in 2001 ...... $675,000 ‘‘(B) the cost-of-living adjustment deter- subparagraph (C), the tentative tax under 2002 and 2003 ...... $700,000 mined under section 1(f)(3) for such calendar this subsection shall be determined by using 2003 ...... $850,000 year, determined by substituting ‘2010’ for a table prescribed by the Secretary (in lieu 2005 ...... $950,000 ‘1992’ in subparagraph (B) thereof. of using the table contained in paragraph (1)) 2006 or thereafter ...... $1,000,000. If any increase determined under the pre- which is the same as such table; except ‘‘(4) ADJUSTED TAXABLE GIFTS.—For pur- ceding sentence is not a multiple of $10,000, that— poses of paragraph (2), the term ‘adjusted such increase shall be rounded to the nearest ‘‘(i) each of the rates of tax shall be re- taxable gifts’ means the total amount of the multiple of $10,000. duced by the number of percentage points de- taxable gifts (within the meaning of section ‘‘(c) REGULATIONS.—The Secretary shall termined under subparagraph (B), and 2503) made by the decedent after December prescribe such regulations as may be nec- ‘‘(ii) the amounts setting forth the tax 31, 1976, other than gifts which are includible essary to carry out the purposes of this sec- shall be adjusted to the extent necessary to in the gross estate of the decedent.’’. tion.’’. reflect the adjustments under clause (i). (2) GIFT TAX.—Subsection (a) of section (b) MISCELLANEOUS AMENDMENTS RELATED ‘‘(B) PERCENTAGE POINTS OF REDUCTION.— 2502 of such Code (relating to computation of TO CARRYOVER BASIS.— The number of tax) is amended to read as follows: (1) CAPITAL GAIN TREATMENT FOR INHERITED ‘‘For calendar year: percentage points is: ‘‘(a) COMPUTATION OF TAX.— 2004 ...... 1.0 ART WORK OR SIMILAR PROPERTY.— ‘‘(1) IN GENERAL.—The tax imposed by sec- 2005 ...... 2.0 tion 2501 for each calendar year shall be the (A) IN GENERAL.—Subparagraph (C) of sec- 2006 ...... 3.0 tion 1221(a)(3) of the Internal Revenue Code amount equal to the excess (if any) of— 2007 ...... 4.0 ‘‘(A) the tentative tax determined under of 1986 (defining capital asset) is amended by 2008 ...... 5.5 inserting ‘‘(other than by reason of section 2009 ...... 7.5 paragraph (2), over 1022)’’ after ‘‘is determined’’. 2010 ...... 9.5. ‘‘(B) the tax paid under this section for all (B) COORDINATION WITH SECTION 170.—Para- ‘‘(C) COORDINATION WITH INCOME TAX prior calendar periods. graph (1) of section 170(e) of such Code (relat- RATES.—The reductions under subparagraph ‘‘(2) TENTATIVE TAX.—For purposes of para- ing to certain contributions of ordinary in- (A)— graph (1), the tentative tax determined under come and capital gain property) is amended ‘‘(i) shall not reduce any rate under para- this paragraph for a calendar year is a tax by adding at the end the following: ‘‘For pur- graph (1) below the lowest rate in section computed under section 2001(c) on the excess poses of this paragraph, the determination of 1(c), and of— whether property is a capital asset shall be ‘‘(ii) shall not reduce the highest rate ‘‘(A) the aggregate sum of the taxable gifts made without regard to the exception con- under paragraph (1) below the highest rate in for such calendar year and for each of the tained in section 1221(a)(3)(C) for basis deter- section 1(c). preceding calendar periods, over mined under section 1022.’’. ‘‘(D) COORDINATION WITH CREDIT FOR STATE ‘‘(B) the exemption amount under section (2) DEFINITION OF EXECUTOR.—Section DEATH TAXES.—Rules similar to the rules of 2001(b)(3) for such calendar year.’’. 7701(a) of such Code (relating to definitions) subparagraph (A) shall apply to the table (b) REPEAL OF UNIFIED CREDITS.— is amended by adding at the end the fol- contained in section 2011(b) except that the (1) Section 2010 of the Internal Revenue lowing: Secretary shall prescribe percentage point Code of 1986 (relating to unified credit ‘‘(47) EXECUTOR.—The term ‘executor’ reductions which maintain the proportionate against estate tax) is hereby repealed. means the executor or administrator of the relationship (as in effect before any reduc- (2) Section 2505 of such Code (relating to decedent, or, if there is no executor or ad- tion under this paragraph) between the cred- unified credit against gift tax) is hereby re- ministrator appointed, qualified, and acting it under section 2011 and the tax rates under pealed. within the United States, then any person in subsection (c).’’. (c) CONFORMING AMENDMENTS.— actual or constructive possession of any (d) EFFECTIVE DATES.— (1)(A) Subsection (b) of section 2011 of the property of the decedent.’’. (1) SUBSECTIONS (a) AND (b).—The amend- Internal Revenue Code of 1986 is amended— (3) CLERICAL AMENDMENT.—The table of ments made by subsections (a) and (b) shall (i) by striking ‘‘adjusted’’ in the table; and sections for part II of subchapter O of chap- apply to estates of decedents dying, and gifts (ii) by striking the last sentence. ter 1 of such Code is amended by adding at made, after December 31, 2001. (B) Subsection (f) of section 2011 of such the end the following new item: (2) SUBSECTION (c).—The amendment made Code is amended by striking ‘‘, reduced by by subsection (c) shall apply to estates of de- the amount of the unified credit provided by ‘‘Sec. 1022. Carryover basis for certain prop- cedents dying, and gifts made, after Decem- section 2010’’. erty acquired from a decedent ber 31, 2003. (2) Subsection (a) of section 2012 of such dying after December 31, 2010.’’. SEC. 115. UNIFIED CREDIT AGAINST ESTATE AND Code is amended by striking ‘‘and the unified (c) EFFECTIVE DATE.—The amendments GIFT TAXES REPLACED WITH UNI- credit provided by section 2010’’. made by this section shall apply to estates of FIED EXEMPTION AMOUNT. (3) Subparagraph (A) of section 2013(c)(1) of decedents dying after December 31, 2010. (a) IN GENERAL.— such Code is amended by striking ‘‘2010,’’. S1410 CONGRESSIONAL RECORD — SENATE February 14, 2001

(4) Paragraph (2) of section 2014(b) of such ment of the Rural America Prosperity Act of ‘‘(3) DEFINITIONS.— Code is amended by striking ‘‘2010, 2011,’’ and 2001) with respect to any gift made by the de- ‘‘(A) INDIRECT SKIP.—For purposes of this inserting ‘‘2011’’. cedent, each dollar amount contained in sub- subsection, the term ‘indirect skip’ means (5) Clause (ii) of section 2056A(b)(12)(C) of paragraph (A) or (B) or the exemption any transfer of property (other than a direct such Code is amended to read as follows: amount applicable under clause (i) of this skip) subject to the tax imposed by chapter ‘‘(ii) to treat any reduction in the tax im- subparagraph (whichever applies) shall be re- 12 made to a GST trust. posed by paragraph (1)(A) by reason of the duced by the exemption so allowed under ‘‘(B) GST TRUST.—The term ‘GST trust’ credit allowable under section 2010 (as in ef- section 2521 (or, in the case of such a credit, means a trust that could have a generation- fect on the day before the date of enactment by the amount of the gift for which the cred- skipping transfer with respect to the trans- of the Rural America Prosperity Act of 2001) it was so allowed).’’. feror unless— or the exemption amount allowable under (8) Section 2102 of such Code is amended by ‘‘(i) the trust instrument provides that section 2001(b) with respect to the decedent striking subsection (c). more than 25 percent of the trust corpus as a credit under section 2505 (as so in effect) (9)(A) Subsection (a) of section 2107 of such must be distributed to or may be withdrawn or exemption under section 2521 (as the case Code is amended by adding at the end the by one or more individuals who are non-skip may be) allowable to such surviving spouse following new paragraph: persons— for purposes of determining the amount of ‘‘(3) LIMITATION ON EXEMPTION AMOUNT.— ‘‘(I) before the date that the individual at- the exemption allowable under section 2521 Subparagraphs (B) and (C) of section tains age 46, with respect to taxable gifts made by the 2101(b)(3) shall not apply in applying section ‘‘(II) on or before one or more dates speci- surviving spouse during the year in which 2101 for purposes of this section.’’. fied in the trust instrument that will occur the spouse becomes a citizen or any subse- (B) Subsection (c) of section 2107 of such before the date that such individual attains quent year,’’. Code is amended— age 46, or (6) Subsection (a) of section 2057 of such (i) by striking paragraph (1) and by redes- ‘‘(III) upon the occurrence of an event that, Code is amended by striking paragraphs (2) ignating paragraphs (2) and (3) as paragraphs in accordance with regulations prescribed by and (3) and inserting the following new para- (1) and (2), respectively, and the Secretary, may reasonably be expected graph: (ii) by striking the second sentence of to occur before the date that such individual ‘‘(2) MAXIMUM DEDUCTION.—The deduction paragraph (2) (as so redesignated). attains age 46; allowed by this section shall not exceed the (10) Paragraph (1) of section 6018(a) of such ‘‘(ii) the trust instrument provides that excess of $1,300,000 over the exemption Code is amended by striking ‘‘the applicable more than 25 percent of the trust corpus amount (as defined in section 2001(b)(3)).’’. exclusion amount in effect under section must be distributed to or may be withdrawn (7)(A) Subsection (b) of section 2101 of such 2010(c)’’ and inserting ‘‘the exemption by one or more individuals who are non-skip Code is amended to read as follows: amount under section 2001(b)(3)’’. persons and who are living on the date of ‘‘(b) COMPUTATION OF TAX.— (11) Subparagraph (A) of section 6601(j)(2) death of another person identified in the in- ‘‘(1) IN GENERAL.—The tax imposed by this of such Code is amended to read as follows: strument (by name or by class) who is more section shall be the amount equal to the ex- ‘‘(A) the amount of the tentative tax which than 10 years older than such individuals; cess (if any) of— would be determined under the rate schedule ‘‘(iii) the trust instrument provides that, if ‘‘(A) the tentative tax determined under set forth in section 2001(c) if the amount one or more individuals who are non-skip paragraph (2), over with respect to which such tentative tax is persons die on or before a date or event de- ‘‘(B) a tentative tax computed under sec- to be computed were $1,000,000, or’’. tion 2001(c) on the amount of the adjusted scribed in clause (i) or (ii), more than 25 per- (12) The table of sections for part II of sub- taxable gifts. cent of the trust corpus either must be dis- chapter A of chapter 11 of such Code is tributed to the estate or estates of one or ‘‘(2) TENTATIVE TAX.—For purposes of para- amended by striking the item relating to graph (1), the tentative tax determined under more of such individuals or is subject to a this paragraph is a tax computed under sec- section 2010. general power of appointment exercisable by tion 2001(c) on the excess of— (13) The table of sections for subchapter A one or more of such individuals; ‘‘(A) the sum of— of chapter 12 of such Code is amended by ‘‘(iv) the trust is a trust any portion of ‘‘(i) the amount of the taxable estate, and striking the item relating to section 2505. which would be included in the gross estate (d) EFFECTIVE DATE.—The amendments ‘‘(ii) the amount of the adjusted taxable of a non-skip person (other than the trans- made by this section— gifts, over feror) if such person died immediately after (1) insofar as they relate to the tax im- ‘‘(B) the exemption amount for the cal- the transfer; posed by chapter 11 of the Internal Revenue endar year in which the decedent died. ‘‘(v) the trust is a charitable lead annuity Code of 1986, shall apply to estates of dece- ‘‘(3) EXEMPTION AMOUNT.— trust (within the meaning of section dents dying after December 31, 2001, and ‘‘(A) IN GENERAL.—The term ‘exemption 2642(e)(3)(A)) or a charitable remainder annu- amount’ means $60,000. (2) insofar as they relate to the tax im- ity trust or a charitable remainder unitrust posed by chapter 12 of such Code, shall apply ‘‘(B) RESIDENTS OF POSSESSIONS OF THE (within the meaning of section 664(d)); or to gifts made after December 31, 2001. UNITED STATES.—In the case of a decedent ‘‘(vi) the trust is a trust with respect to who is considered to be a nonresident not a SEC. 116. DEEMED ALLOCATION OF GST EXEMP- which a deduction was allowed under section TION TO LIFETIME TRANSFERS TO citizen of the United States under section 2522 for the amount of an interest in the TRUSTS; RETROACTIVE ALLOCA- form of the right to receive annual payments 2209, the exemption amount under this para- TIONS. of a fixed percentage of the net fair market graph shall be the greater of— (a) IN GENERAL.—Section 2632 of the Inter- value of the trust property (determined year- ‘‘(i) $60,000, or nal Revenue Code of 1986 (relating to special ly) and which is required to pay principal to ‘‘(ii) that proportion of $175,000 which the rules for allocation of GST exemption) is value of that part of the decedent’s gross es- amended by redesignating subsection (c) as a non-skip person if such person is alive tate which at the time of his death is situ- subsection (e) and by inserting after sub- when the yearly payments for which the de- ated in the United States bears to the value section (b) the following new subsections: duction was allowed terminate. of his entire gross estate wherever situated. ‘‘(c) DEEMED ALLOCATION TO CERTAIN LIFE- For purposes of this subparagraph, the value ‘‘(C) SPECIAL RULES.— TIME TRANSFERS TO GST TRUSTS.— of transferred property shall not be consid- ‘‘(i) COORDINATION WITH TREATIES.—To the ‘‘(1) IN GENERAL.—If any individual makes ered to be includible in the gross estate of a extent required under any treaty obligation an indirect skip during such individual’s life- non-skip person or subject to a right of with- of the United States, the exemption amount time, any unused portion of such individual’s drawal by reason of such person holding a allowed under this paragraph shall be equal GST exemption shall be allocated to the right to withdraw so much of such property to the amount which bears the same ratio to property transferred to the extent necessary as does not exceed the amount referred to in the exemption amount under section to make the inclusion ratio for such prop- section 2503(b) with respect to any trans- 2001(b)(3) (for the calendar year in which the erty zero. If the amount of the indirect skip feror, and it shall be assumed that powers of decedent died) as the value of the part of the exceeds such unused portion, the entire un- appointment held by non-skip persons will decedent’s gross estate which at the time of used portion shall be allocated to the prop- not be exercised. his death is situated in the United States erty transferred. ‘‘(4) AUTOMATIC ALLOCATIONS TO CERTAIN bears to the value of his entire gross estate ‘‘(2) UNUSED PORTION.—For purposes of GST TRUSTS.—For purposes of this sub- wherever situated. For purposes of the pre- paragraph (1), the unused portion of an indi- section, an indirect skip to which section ceding sentence, property shall not be treat- vidual’s GST exemption is that portion of 2642(f) applies shall be deemed to have been ed as situated in the United States if such such exemption which has not previously made only at the close of the estate tax in- property is exempt from the tax imposed by been— clusion period. The fair market value of such this subchapter under any treaty obligation ‘‘(A) allocated by such individual, transfer shall be the fair market value of the of the United States. ‘‘(B) treated as allocated under subsection trust property at the close of the estate tax ‘‘(ii) COORDINATION WITH GIFT TAX EXEMP- (b) with respect to a direct skip occurring inclusion period. TION AND UNIFIED CREDIT.—If an exemption during or before the calendar year in which ‘‘(5) APPLICABILITY AND EFFECT.— has been allowed under section 2521 (or a the indirect skip is made, or ‘‘(A) IN GENERAL.—An individual— credit has been allowed under section 2505 as ‘‘(C) treated as allocated under paragraph ‘‘(i) may elect to have this subsection not in effect on the day before the date of enact- (1) with respect to a prior indirect skip. apply to— February 14, 2001 CONGRESSIONAL RECORD — SENATE S1411 ‘‘(I) an indirect skip, or such severance shall be treated as separate Revenue Code of 1986 made after December ‘‘(II) any or all transfers made by such in- trusts thereafter for purposes of this chap- 31, 2000. dividual to a particular trust, and ter. SEC. 119. RELIEF PROVISIONS. ‘‘(ii) may elect to treat any trust as a GST ‘‘(B) QUALIFIED SEVERANCE.—For purposes (a) IN GENERAL.—Section 2642 of the Inter- trust for purposes of this subsection with re- of subparagraph (A)— nal Revenue Code of 1986 is amended by add- spect to any or all transfers made by such in- ‘‘(i) IN GENERAL.—The term ‘qualified sev- ing at the end the following new subsection: dividual to such trust. erance’ means the division of a single trust ‘‘(g) RELIEF PROVISIONS.— ‘‘(B) ELECTIONS.— and the creation (by any means available ‘‘(1) RELIEF FROM LATE ELECTIONS.— ‘‘(i) ELECTIONS WITH RESPECT TO INDIRECT under the governing instrument or under ‘‘(A) IN GENERAL.—The Secretary shall by SKIPS.—An election under subparagraph local law) of two or more trusts if— regulation prescribe such circumstances and (A)(i)(I) shall be deemed to be timely if filed ‘‘(I) the single trust was divided on a frac- procedures under which extensions of time on a timely filed gift tax return for the cal- tional basis, and will be granted to make— endar year in which the transfer was made or ‘‘(II) the terms of the new trusts, in the ag- ‘‘(i) an allocation of GST exemption de- deemed to have been made pursuant to para- gregate, provide for the same succession of scribed in paragraph (1) or (2) of subsection graph (4) or on such later date or dates as interests of beneficiaries as are provided in (b), and may be prescribed by the Secretary. the original trust. ‘‘(ii) an election under subsection (b)(3) or ‘‘(ii) OTHER ELECTIONS.—An election under ‘‘(ii) TRUSTS WITH INCLUSION RATIO GREATER (c)(5) of section 2632. clause (i)(II) or (ii) of subparagraph (A) may THAN ZERO.—If a trust has an inclusion ratio Such regulations shall include procedures for be made on a timely filed gift tax return for of greater than zero and less than 1, a sever- requesting comparable relief with respect to the calendar year for which the election is to ance is a qualified severance only if the sin- transfers made before the date of enactment become effective. gle trust is divided into two trusts, one of of this paragraph. ‘‘(d) RETROACTIVE ALLOCATIONS.— which receives a fractional share of the total ‘‘(B) BASIS FOR DETERMINATIONS.—In deter- ‘‘(1) IN GENERAL.—If— value of all trust assets equal to the applica- mining whether to grant relief under this ‘‘(A) a non-skip person has an interest or a ble fraction of the single trust immediately paragraph, the Secretary shall take into ac- future interest in a trust to which any trans- before the severance. In such case, the trust count all relevant circumstances, including fer has been made, receiving such fractional share shall have an evidence of intent contained in the trust in- ‘‘(B) such person— inclusion ratio of zero and the other trust strument or instrument of transfer and such ‘‘(i) is a lineal descendant of a grandparent shall have an inclusion ratio of 1. other factors as the Secretary deems rel- of the transferor or of a grandparent of the ‘‘(iii) REGULATIONS.—The term ‘qualified evant. For purposes of determining whether transferor’s spouse or former spouse, and severance’ includes any other severance per- to grant relief under this paragraph, the ‘‘(ii) is assigned to a generation below the mitted under regulations prescribed by the time for making the allocation (or election) generation assignment of the transferor, and Secretary. shall be treated as if not expressly prescribed ‘‘(C) such person predeceases the trans- ‘‘(C) TIMING AND MANNER OF SEVERANCES.— by statute. feror, A severance pursuant to this paragraph may ‘‘(2) SUBSTANTIAL COMPLIANCE.—An alloca- then the transferor may make an allocation be made at any time. The Secretary shall tion of GST exemption under section 2632 of any of such transferor’s unused GST ex- prescribe by forms or regulations the manner that demonstrates an intent to have the low- emption to any previous transfer or transfers in which the qualified severance shall be re- est possible inclusion ratio with respect to a to the trust on a chronological basis. ported to the Secretary.’’. transfer or a trust shall be deemed to be an ‘‘(2) SPECIAL RULES.—If the allocation (b) EFFECTIVE DATE.—The amendment allocation of so much of the transferor’s un- under paragraph (1) by the transferor is made by this section shall apply to used GST exemption as produces the lowest made on a gift tax return filed on or before severances after December 31, 2000. possible inclusion ratio. In determining the date prescribed by section 6075(b) for SEC. 118. MODIFICATION OF CERTAIN VALU- whether there has been substantial compli- gifts made within the calendar year within ATION RULES. ance, all relevant circumstances shall be which the non-skip person’s death occurred— (a) GIFTS FOR WHICH GIFT TAX RETURN taken into account, including evidence of in- ‘‘(A) the value of such transfer or transfers FILED OR DEEMED ALLOCATION MADE.—Para- tent contained in the trust instrument or in- for purposes of section 2642(a) shall be deter- graph (1) of section 2642(b) of the Internal strument of transfer and such other factors mined as if such allocation had been made on Revenue Code of 1986 (relating to valuation as the Secretary deems relevant.’’. a timely filed gift tax return for each cal- rules, etc.) is amended to read as follows: (b) EFFECTIVE DATES.— endar year within which each transfer was ‘‘(1) GIFTS FOR WHICH GIFT TAX RETURN (1) RELIEF FROM LATE ELECTIONS.—Section made, FILED OR DEEMED ALLOCATION MADE.—If the 2642(g)(1) of the Internal Revenue Code of ‘‘(B) such allocation shall be effective im- allocation of the GST exemption to any 1986 (as added by subsection (a)) shall apply mediately before such death, and transfers of property is made on a gift tax re- to requests pending on, or filed after, Decem- ‘‘(C) the amount of the transferor’s unused turn filed on or before the date prescribed by ber 31, 2000. GST exemption available to be allocated section 6075(b) for such transfer or is deemed (2) SUBSTANTIAL COMPLIANCE.—Section shall be determined immediately before such to be made under section 2632 (b)(1) or (c)(1)— 2642(g)(2) of such Code (as so added) shall death. ‘‘(A) the value of such property for pur- apply to transfers subject to chapter 11 or 12 ‘‘(3) FUTURE INTEREST.—For purposes of poses of subsection (a) shall be its value as of the Internal Revenue Code of 1986 made this subsection, a person has a future inter- finally determined for purposes of chapter 12 after December 31, 2000. No implication is in- est in a trust if the trust may permit income (within the meaning of section 2001(f)(2)), or, tended with respect to the availability of re- or corpus to be paid to such person on a date in the case of an allocation deemed to have lief from late elections or the application of or dates in the future.’’. been made at the close of an estate tax inclu- a rule of substantial compliance on or before (b) CONFORMING AMENDMENT.—Paragraph sion period, its value at the time of the close such date. (2) of section 2632(b) of the Internal Revenue of the estate tax inclusion period, and SEC. 120. EXPANSION OF ESTATE TAX RULE FOR Code of 1986 is amended by striking ‘‘with re- ‘‘(B) such allocation shall be effective on CONSERVATION EASEMENTS. spect to a direct skip’’ and inserting ‘‘or sub- and after the date of such transfer, or, in the (a) WHERE LAND IS LOCATED.— section (c)(1)’’. case of an allocation deemed to have been (1) IN GENERAL.—Clause (i) of section (c) EFFECTIVE DATES.— made at the close of an estate tax inclusion 2031(c)(8)(A) of the Internal Revenue Code of (1) DEEMED ALLOCATION.—Section 2632(c) of period, on and after the close of such estate 1986 (defining land subject to a conservation the Internal Revenue Code of 1986 (as added tax inclusion period.’’. easement) is amended— by subsection (a)), and the amendment made (b) TRANSFERS AT DEATH.—Subparagraph (A) by striking ‘‘25 miles’’ both places it by subsection (b), shall apply to transfers (A) of section 2642(b)(2) of the Internal Rev- appears and inserting ‘‘50 miles’’; and subject to chapter 11 or 12 made after Decem- enue Code of 1986 is amended to read as fol- (B) striking ‘‘10 miles’’ and inserting ‘‘25 ber 31, 2000, and to estate tax inclusion peri- lows: miles’’. ods ending after December 31, 2000. ‘‘(A) TRANSFERS AT DEATH.—If property is (2) EFFECTIVE DATE.—The amendments (2) RETROACTIVE ALLOCATIONS.—Section transferred as a result of the death of the made by this subsection shall apply to es- 2632(d) of the Internal Revenue Code of 1986 transferor, the value of such property for tates of decedents dying after December 31, (as added by subsection (a)) shall apply to purposes of subsection (a) shall be its value 2000. deaths of non-skip persons occurring after as finally determined for purposes of chapter (b) CLARIFICATION OF DATE FOR DETER- December 31, 2000. 11; except that, if the requirements pre- MINING VALUE OF LAND AND EASEMENT.— SEC. 117. SEVERING OF TRUSTS. scribed by the Secretary respecting alloca- (1) IN GENERAL.—Section 2031(c)(2) of the (a) IN GENERAL.—Subsection (a) of section tion of post-death changes in value are not Internal Revenue Code of 1986 (defining ap- 2642 of the Internal Revenue Code of 1986 (re- met, the value of such property shall be de- plicable percentage) is amended by adding at lating to inclusion ratio) is amended by add- termined as of the time of the distribution the end the following new sentence: ‘‘The ing at the end the following new paragraph: concerned.’’. values taken into account under the pre- ‘‘(3) SEVERING OF TRUSTS.— (c) EFFECTIVE DATE.—The amendments ceding sentence shall be such values as of the ‘‘(A) IN GENERAL.—If a trust is severed in a made by this section shall apply to transfers date of the contribution referred to in para- qualified severance, the trusts resulting from subject to chapter 11 or 12 of the Internal graph (8)(B).’’. S1412 CONGRESSIONAL RECORD — SENATE February 14, 2001

(2) EFFECTIVE DATE.—The amendment (1) TRADE BARRIERS AND DISTORTIONS.—The (5) TRANSPARENCY.—The principal negoti- made by this subsection shall apply to es- principal negotiating objectives of the ating objective of the United States with re- tates of decedents dying after December 31, United States regarding trade barriers and spect to transparency is to obtain broader 1997. other trade distortions are— application of the principle of transparency TITLE II—STUDY OF COSTS OF REGULA- (A) to expand competitive market opportu- through— TIONS ON FARMERS, RANCHERS, AND nities for United States exports and to ob- (A) increased and more timely public ac- FORESTERS tain fairer and more open conditions of trade cess to information regarding trade issues by reducing or eliminating tariff and non- and the activities of international trade in- SEC. 201. COMPTROLLER GENERAL STUDY OF tariff barriers and policies and practices of stitutions; and REGULATIONS. foreign governments directly related to (B) increased openness of dispute settle- (a) DATA REVIEW AND COLLECTION.—The trade that decrease market opportunities for ment proceedings, including under the World Comptroller General of the United States United States exports or otherwise distort Trade Organization. shall— United States trade; and (6) RECIPROCAL TRADE IN AGRICULTURE.— (1) conduct a review of existing Federal (B) to obtain reciprocal tariff and nontariff The principal negotiating objective of the and non-Federal studies and data regarding barrier elimination agreements, with par- United States with respect to agriculture is the cost to farmers, ranchers, and foresters ticular attention to those tariff categories to obtain competitive opportunities for of complying with existing or proposed Fed- covered in section 111(b) of the Uruguay United States exports in foreign markets eral regulations directly affecting farmers, Round Agreements Act (19 U.S.C. 3521(b)). substantially equivalent to the competitive ranchers, and foresters; and (2) TRADE IN SERVICES.—The principal ne- opportunities afforded foreign exports in (2) as necessary, obtain and analyze new gotiating objective of the United States re- United States markets and to achieve fairer data concerning the costs to farmers, ranch- garding trade in services is to reduce or and more open conditions of trade in bulk ers, and foresters of complying with Federal eliminate barriers to international trade in and value-added commodities by— regulations proposed as of February 1, 2001, services, including regulatory and other bar- (A) reducing or eliminating, by a date cer- directly affecting farmers, ranchers, and for- riers that deny national treatment or unrea- tain, tariffs or other charges that decrease esters. sonably restrict the establishment or oper- market opportunities for United States ex- (b) USE OF DATA.—Using the studies and ations of service suppliers. ports— data reviewed and collected under subsection (3) FOREIGN INVESTMENT.—The principal ne- (i) giving priority to those products that (a), the Comptroller General shall— gotiating objective of the United States re- are subject to significantly higher tariffs or (1) assess the overall costs to farmers, garding foreign investment is to reduce or subsidy regimes of major producing coun- ranchers, and foresters of complying with ex- eliminate artificial or trade-distorting bar- tries; and isting and proposed Federal regulations di- riers to trade related foreign investment (ii) providing reasonable adjustment peri- rectly affecting farmers, ranchers, and for- by— ods for United States import-sensitive prod- esters; and (A) reducing or eliminating exceptions to ucts, in close consultation with the Congress (2) identify and recommend reasonable al- the principle of national treatment; on such products before initiating tariff re- ternatives to those regulations that will (B) freeing the transfer of funds relating to duction negotiations; achieve the objectives of the regulations at investments; (B) reducing or eliminating subsidies that less cost to farmers, ranchers, and foresters. (C) reducing or eliminating performance decrease market opportunities for United (c) SUBMISSION OF RESULTS.—Not later requirements and other unreasonable bar- States exports or unfairly distort agriculture than February 1, 2002, the Comptroller Gen- riers to the establishment and operation of markets to the detriment of the United eral shall submit to the Secretary of Agri- investments; States; culture, the Committee on Agriculture, Nu- (D) seeking to establish standards for ex- (C) developing, strengthening, and clari- trition, and Forestry of the Senate, and the propriation and compensation for expropria- fying rules and effective dispute settlement Committee on Agriculture of the House of tion, consistent with United States legal mechanisms to eliminate practices that un- Representatives the results of the assess- principles and practice; and fairly decrease United States market access ment conducted under subsection (b)(1) and (E) providing meaningful procedures for re- opportunities or distort agricultural mar- the recommendations prepared under sub- solving investment disputes. kets to the detriment of the United States, section (b)(2). (4) INTELLECTUAL PROPERTY.—The principal including— SEC. 202. RESPONSE OF SECRETARY OF AGRI- negotiating objectives of the United States (i) unfair or trade-distorting activities of CULTURE. regarding trade-related intellectual property export state trading enterprises and other Not later than April 1, 2002, the Secretary are— administrative mechanisms, with emphasis of Agriculture shall submit to the Com- (A) to further promote adequate and effec- on requiring price transparency in the oper- mittee on Agriculture, Nutrition, and For- tive protection of intellectual property ation of export state trading enterprises and estry of the Senate, and the Committee on rights, including through— such other mechanisms; Agriculture of the House of Representatives (i)(I) ensuring accelerated and full imple- (ii) unjustified trade restrictions or com- a report responding to the recommendations mentation of the Agreement on Trade-Re- mercial requirements affecting new tech- of the Comptroller General under section 202 lated Aspects of Intellectual Property Rights nologies, including biotechnology; regarding reasonable alternatives that could referred to in section 101(d)(15) of the Uru- (iii) unjustified sanitary or phytosanitary achieve the objectives of Federal regulations guay Round Agreements Act (19 U.S.C. restrictions, including those not based on at less cost to farmers, ranchers, and for- 3511(d)(15)), particularly with respect to scientific principles in contravention of the esters. United States industries whose products are Uruguay Round Agreements; subject to the lengthiest transition periods (iv) other unjustified technical barriers to TITLE III—EXTENSION OF TRADE AU- for full compliance by developing countries trade; and THORITIES PROCEDURES FOR RECIP- with that Agreement, and (v) restrictive rules in the administration ROCAL TRADE AGREEMENTS (II) ensuring that the provisions of any of tariff-rate quotas; SEC. 301. SHORT TITLE. multilateral or bilateral trade agreement en- (D) improving import relief mechanisms to This title may be cited as the ‘‘Reciprocal tered into by the United States provide pro- recognize the unique characteristics of per- Trade Agreement Authorities Act of 2001’’. tection at least as strong as the protection ishable agriculture; SEC. 302. TRADE NEGOTIATING OBJECTIVES. afforded by chapter 17 of the North American (E) taking into account whether a party to (a) OVERALL TRADE NEGOTIATING OBJEC- Free Trade Agreement and the annexes the negotiations has failed to adhere to the TIVES.—The overall trade negotiating objec- thereto; provisions of already existing trade agree- tives of the United States for agreements (ii) providing strong protection for new and ments with the United States or has cir- subject to the provisions of section 303 are— emerging technologies and new methods of cumvented obligations under those agree- (1) to obtain more open, equitable, and re- transmitting and distributing products em- ments; ciprocal market access; bodying intellectual property; (F) taking into account whether a product (2) to obtain the reduction or elimination (iii) preventing or eliminating discrimina- is subject to market distortions by reason of of barriers and distortions that are directly tion with respect to matters affecting the a failure of a major producing country to ad- related to trade and that decrease market availability, acquisition, scope, mainte- here to the provisions of already existing opportunities for United States exports or nance, use, and enforcement of intellectual trade agreements with the United States or otherwise distort United States trade; property rights; and by the circumvention by that country of its (3) to further strengthen the system of (iv) providing strong enforcement of intel- obligations under those agreements; and international trading disciplines and proce- lectual property rights, including through (G) otherwise ensuring that countries that dures, including dispute settlement; and accessible, expeditious, and effective civil, accede to the World Trade Organization have (4) to foster economic growth, raise living administrative, and criminal enforcement made meaningful market liberalization com- standards, and promote full employment in mechanisms; and mitments in agriculture. the United States and to enhance the global (B) to secure fair, equitable, and non- (7) LABOR, ENVIRONMENT, AND OTHER MAT- economy. discriminatory market access opportunities TERS.—The principal negotiating objective of (b) PRINCIPAL TRADE NEGOTIATING OBJEC- for United States persons that rely upon in- the United States regarding labor, environ- TIVES.— tellectual property protection. ment, and other matters is to address the February 14, 2001 CONGRESSIONAL RECORD — SENATE S1413 following aspects of foreign government poli- (B) preserve the ability of the United spect to a duty reduction that is proclaimed cies and practices regarding labor, environ- States to enforce rigorously its trade laws, under paragraph (1) for an article of a kind ment, and other matters that are directly re- including the antidumping and counter- that is not produced in the United States. lated to trade: vailing duty laws, and avoid agreements The United States International Trade Com- (A) To ensure that foreign labor, environ- which lessen the effectiveness of domestic mission shall advise the President of the mental, health, or safety policies and prac- and international disciplines on unfair trade, identity of articles that may be exempted tices do not arbitrarily or unjustifiably dis- especially dumping and subsidies, in order to from staging under this subparagraph. criminate or serve as disguised barriers to ensure that United States workers, agricul- (4) ROUNDING.—If the President determines trade. tural producers, and firms can compete fully that such action will simplify the computa- (B) To ensure that foreign governments do on fair terms and enjoy the benefits of recip- tion of reductions under paragraph (3), the not derogate from or waive existing domes- rocal trade concessions. President may round an annual reduction by tic environmental, health, safety, or labor (e) ADHERENCE TO OBLIGATIONS UNDER URU- an amount equal to the lesser of— measures, including measures that deter ex- GUAY ROUND AGREEMENTS.—In determining (A) the difference between the reduction ploitative child labor, as an encouragement whether to enter into negotiations with a without regard to this paragraph and the to gain competitive advantage in inter- particular country, the President shall take next lower whole number; or national trade or investment. Nothing in into account the extent to which that coun- (B) one-half of 1 percent ad valorem. this subparagraph is intended to address try has implemented, or has accelerated the (5) OTHER LIMITATIONS.—A rate of duty re- changes to a country’s laws that are con- implementation of, its obligations under the duction that may not be proclaimed by rea- sistent with sound macroeconomic develop- Uruguay Round Agreements. son of paragraph (2) may take effect only if ment. SEC. 303. TRADE AGREEMENTS AUTHORITY. a provision authorizing such reduction is in- (8) WTO EXTENDED NEGOTIATIONS.—The (a) AGREEMENTS REGARDING TARIFF BAR- cluded within an implementing bill provided principal negotiating objectives of the RIERS.— for under section 305 and that bill is enacted United States regarding trade in financial (1) IN GENERAL.—Whenever the President into law. services are those set forth in section 135(a) determines that one or more existing duties (6) OTHER TARIFF MODIFICATIONS.—Notwith- of the Uruguay Round Agreements Act (19 or other import restrictions of any foreign standing paragraphs (1)(B) and (2) through U.S.C. 3555(a)), regarding trade in civil air- country or the United States are unduly bur- (5), and subject to the consultation and lay- craft are those set forth in section 135(c) of dening and restricting the foreign trade of over requirements of section 115 of the Uru- that Act, and regarding rules of origin are the United States and that the purposes, guay Round Agreements Act, the President the conclusion of an agreement described in policies, and objectives of this title will be may proclaim the modification of any duty section 132 of that Act (19 U.S.C. 3552). promoted thereby, the President— or staged rate reduction of any duty set (c) INTERNATIONAL ECONOMIC POLICY OBJEC- (A) may enter into trade agreements with forth in Schedule XX, as defined in section TIVES.— foreign countries before— 2(5) of that Act, if the United States agrees (1) IN GENERAL.—The President should take (i) October 1, 2003, or to such modification or staged rate reduc- into account the relationship between trade (ii) October 1, 2007, if trade authorities pro- tion in a negotiation for the reciprocal agreements and other important priorities of cedures are extended under subsection (c), elimination or harmonization of duties under the United States and seek to ensure that and the auspices of the World Trade Organization the trade agreements entered into by the United States complement and reinforce (B) may, subject to paragraphs (2) and (3), or as part of an interim agreement leading to other policy goals. The United States prior- proclaim— the formation of a regional free-trade area. ities in this area include— (i) such modification or continuance of any (7) AUTHORITY UNDER URUGUAY ROUND (A) seeking to ensure that trade and envi- existing duty, AGREEMENTS ACT NOT AFFECTED.—Nothing in ronmental policies are mutually supportive; (ii) such continuance of existing duty-free this subsection shall limit the authority pro- (B) seeking to protect and preserve the en- or excise treatment, or vided to the President under section 111(b) of vironment and enhance the international (iii) such additional duties, the Uruguay Round Agreements Act (19 means for doing so, while optimizing the use as the President determines to be required or U.S.C. 3521(b)). of the world’s resources; appropriate to carry out any such trade (b) AGREEMENTS REGARDING TARIFF AND (C) promoting respect for worker rights agreement. The President shall notify the NONTARIFF BARRIERS.— and the rights of children and an under- Congress of the President’s intention to (1) IN GENERAL.—(A) Whenever the Presi- standing of the relationship between trade enter into an agreement under this sub- dent determines that— and worker rights, particularly by working section. (i) one or more existing duties or any other with the International Labor Organization (2) LIMITATIONS.—No proclamation may be import restriction of any foreign country or to encourage the observance and enforce- made under paragraph (1) that— the United States or any other barrier to, or ment of core labor standards, including the (A) reduces any rate of duty (other than a other distortion of, international trade un- prohibition on exploitative child labor; and rate of duty that does not exceed 5 percent duly burdens or restricts the foreign trade of (D) supplementing and strengthening ad valorem on the date of enactment of this the United States or adversely affects the standards for protection of intellectual prop- Act) to a rate of duty that is less than 50 per- United States economy, or erty under conventions administered by cent of the rate of the duty that applies on (ii) the imposition of any such barrier or international organizations other than the such date of enactment; distortion is likely to result in such a bur- World Trade Organization, expanding these (B) reduces the rate of duty on an article den, restriction, or effect, conventions to cover new and emerging tech- to take effect on a date that is more than 10 and that the purposes, policies, and objec- nologies, and eliminating discrimination and years after the first reduction that is pro- tives of this title will be promoted thereby, unreasonable exceptions or preconditions to claimed to carry out a trade agreement with the President may enter into a trade agree- such protection. respect to such article; or ment described in subparagraph (B) during (2) APPLICABILITY OF TRADE AUTHORITIES (C) increases any rate of duty above the the period described in subparagraph (C). PROCEDURES.—Nothing in this subsection rate that applied on January 1, 2001. (B) The President may enter into a trade shall be construed to authorize the use of the (3) AGGREGATE REDUCTION; EXEMPTION FROM agreement under subparagraph (A) with for- trade authorities procedures described in STAGING.— eign countries providing for— section 303 to modify United States law. (A) AGGREGATE REDUCTION.—Except as pro- (i) the reduction or elimination of a duty, (d) GUIDANCE FOR NEGOTIATORS.— vided in subparagraph (B), the aggregate re- restriction, barrier, or other distortion de- (1) DOMESTIC OBJECTIVES.—In pursuing the duction in the rate of duty on any article scribed in subparagraph (A), or negotiating objectives described in sub- which is in effect on any day pursuant to a (ii) the prohibition of, or limitation on the section (b), the negotiators on behalf of the trade agreement entered into under para- imposition of, such barrier or other distor- United States shall take into account United graph (1) shall not exceed the aggregate re- tion. States domestic objectives, including the duction which would have been in effect on (C) The President may enter into a trade protection of health and safety, essential se- such day if— agreement under this paragraph before— curity, environmental, consumer, and em- (i) a reduction of 3 percent ad valorem or a (i) October 1, 2003, or ployment opportunity interests, and the law reduction of one-tenth of the total reduction, (ii) October 1, 2007, if trade authorities pro- and regulations related thereto. whichever is greater, had taken effect on the cedures are extended under subsection (c). (2) CONSULTATIONS WITH CONGRESSIONAL AD- effective date of the first reduction pro- (2) CONDITIONS.—A trade agreement may be VISERS AND ENFORCEMENT OF THE TRADE claimed under paragraph (1) to carry out entered into under this subsection only if LAWS.—In the course of negotiations con- such agreement with respect to such article; such agreement makes progress in meeting ducted under this title, the United States and the applicable objectives described in section Trade Representative shall— (ii) a reduction equal to the amount appli- 302 and the President satisfies the conditions (A) consult closely and on a timely basis cable under clause (i) had taken effect at 1- set forth in section 304. with, and keep fully apprised of the negotia- year intervals after the effective date of such (3) BILLS QUALIFYING FOR TRADE AUTHORI- tions, the congressional advisers on trade first reduction. TIES PROCEDURES.—The provisions of section policy and negotiations appointed under sec- (B) EXEMPTION FROM STAGING.—No staging 151 of the Trade Act of 1974 (in this title re- tion 161 of the Trade Act of 1974; and is required under subparagraph (A) with re- ferred to as ‘‘trade authorities procedures’’) S1414 CONGRESSIONAL RECORD — SENATE February 14, 2001

apply to a bill of either House of Congress sion requested under paragraph (2) should be (B) SCOPE.—The consultations described in consisting only of— approved or disapproved. subparagraph (A) shall concern the manner (A) a provision approving a trade agree- (4) REPORTS MAY BE CLASSIFIED.—The re- in which the negotiation will address the ob- ment entered into under this subsection and ports submitted to the Congress under para- jective of reducing or eliminating a specific approving the statement of administrative graphs (2) and (3), or any portion of such re- tariff or nontariff barrier or foreign govern- action, if any, proposed to implement such ports, may be classified to the extent the ment policy or practice directly related to trade agreement, President determines appropriate. trade that decreases market opportunities (B) provisions directly related to the prin- (5) EXTENSION DISAPPROVAL RESOLUTION.— for United States exports or otherwise dis- cipal trade negotiating objectives set forth (A) For purposes of paragraph (1), the term torts United States trade. in section 302(b) achieved in such trade ‘‘extension disapproval resolution’’ means a (3) NEGOTIATIONS REGARDING AGRI- agreement, if those provisions are necessary resolution of either House of the Congress, CULTURE.—Before initiating negotiations the for the operation or implementation of the sole matter after the resolving clause of subject matter of which is directly related to United States rights or obligations under which is as follows: ‘‘That the ll dis- the subject matter under section 302(b)(6)(A) such trade agreement, approves the request of the President for the with any country, the President shall assess (C) provisions that define and clarify, or extension, under section 303(c)(1)(B)(i) of the whether United States tariffs on agriculture provisions that are related to, the operation Reciprocal Trade Agreement Authorities Act products that were bound under the Uruguay or effect of the provisions of the trade agree- of 2001, of the provisions of section 151 of the Round Agreements are lower than the tariffs ment, Trade Act of 1974 to any implementing bill bound by that country. In addition, the (D) provisions to provide adjustment as- submitted with respect to any trade agree- President shall consider whether the tariff sistance to workers and firms adversely af- ment entered into under section 303(b) of the levels bound and applied throughout the fected by trade, and Reciprocal Trade Agreement Authorities Act world with respect to imports from the (E) provisions necessary for purposes of of 2001 after September 30, 2003.’’, with the United States are higher than United States complying with section 252 of the Balanced blank space being filled with the name of the tariffs and whether the negotiation provides Budget and Emergency Deficit Control Act resolving House of the Congress. an opportunity to address any such dis- of 1985 in implementing the trade agreement, (B) An extension disapproval resolution— parity. The President shall consult with the to the same extent as such section 151 ap- (i) may be introduced in either House of Committee on Ways and Means and the Com- plies to implementing bills under that sec- the Congress by any member of such House; mittee on Agriculture of the House of Rep- tion. A bill to which this subparagraph ap- and resentatives and the Committee on Finance plies shall hereafter in this title be referred (ii) shall be referred, in the House of Rep- and the Committee on Agriculture, Nutri- to as an ‘‘implementing bill’’. resentatives, to the Committee on Ways and tion, and Forestry of the Senate concerning (c) EXTENSION DISAPPROVAL PROCESS FOR Means and to the Committee on Rules. the results of the assessment, whether it is CONGRESSIONAL TRADE AUTHORITIES PROCE- (C) The provisions of sections 152(d) and (e) appropriate for the United States to agree to DURES.— of the Trade Act of 1974 (19 U.S.C. 2192(d) and further tariff reductions based on the conclu- (1) IN GENERAL.—Except as provided in sec- (e)) (relating to the floor consideration of sions reached in the assessment, and how all tion 305(b)— certain resolutions in the House and Senate) applicable negotiating objectives will be (A) the trade authorities procedures apply apply to an extension disapproval resolution. met. to implementing bills submitted with re- (D) It is not in order for— (b) CONSULTATION WITH CONGRESS BEFORE spect to trade agreements entered into under (i) the Senate to consider any extension AGREEMENTS ENTERED INTO.— subsection (b) before October 1, 2003; and disapproval resolution not reported by the (1) CONSULTATION.—Before entering into (B) the trade authorities procedures shall Committee on Finance; any trade agreement under section 303(b), be extended to implementing bills submitted (ii) the House of Representatives to con- the President shall consult with— with respect to trade agreements entered sider any extension disapproval resolution (A) the Committee on Ways and Means of into under subsection (b) after September 30, not reported by the Committee on Ways and the House of Representatives and the Com- 2003, and before October 1, 2007, if (and only Means and by the Committee on Rules; or mittee on Finance of the Senate; and if)— (iii) either House of the Congress to con- (B) each other committee of the House and (i) the President requests such extension sider an extension disapproval resolution the Senate, and each joint committee of the under paragraph (2); and after September 30, 2003. Congress, which has jurisdiction over legisla- (ii) neither House of the Congress adopts tion involving subject matters which would SEC. 304. CONSULTATIONS. an extension disapproval resolution under be affected by the trade agreement. (a) NOTICE AND CONSULTATION BEFORE NE- paragraph (5) before October 1, 2003. (2) SCOPE.—The consultation described in (2) REPORT TO CONGRESS BY THE PRESI- GOTIATION.— paragraph (1) shall include consultation with DENT.—If the President is of the opinion that (1) IN GENERAL.—The President, with re- respect to— the trade authorities procedures should be spect to any agreement that is subject to the (A) the nature of the agreement; extended to implementing bills described in provisions of section 303(b), shall— (B) how and to what extent the agreement paragraph (1)(B), the President shall submit (A) provide, at least 90 calendar days be- will achieve the applicable purposes, poli- to the Congress, not later than July 1, 2003, fore initiating negotiations, written notice cies, and objectives of this title; and a written report that contains a request for to the Congress of the President’s intention (C) the implementation of the agreement such extension, together with— to enter into the negotiations and set forth under section 305, including the general ef- (A) a description of all trade agreements therein the date the President intends to ini- fect of the agreement on existing laws. that have been negotiated under subsection tiate such negotiations, the specific United (c) ADVISORY COMMITTEE REPORTS.—The re- (b) and the anticipated schedule for submit- States objectives for the negotiations, and port required under section 135(e)(1) of the ting such agreements to the Congress for ap- whether the President intends to seek an Trade Act of 1974 regarding any trade agree- proval; agreement, or changes to an existing agree- ment entered into under section 303(a) or (b) (B) a description of the progress that has ment; and of this Act shall be provided to the Presi- been made in negotiations to achieve the (B) before and after submission of the no- dent, the Congress, and the United States purposes, policies, and objectives of this tice, consult regarding the negotiations with Trade Representative not later than 30 days title, and a statement that such progress jus- the Committee on Finance of the Senate and after the date on which the President noti- tifies the continuation of negotiations; and the Committee on Ways and Means of the fies the Congress under section 303(a)(1) or (C) a statement of the reasons why the ex- House of Representatives and such other 305(a)(1)(A) of the President’s intention to tension is needed to complete the negotia- committees of the House and Senate as the enter into the agreement. tions. President deems appropriate. SEC. 305. IMPLEMENTATION OF TRADE AGREE- (3) REPORT TO CONGRESS BY THE ADVISORY (2) CONSULTATIONS REGARDING NEGOTIA- MENTS. COMMITTEE.—The President shall promptly TIONS ON CERTAIN OBJECTIVES.— (a) IN GENERAL.— inform the Advisory Committee for Trade (A) CONSULTATION.—In addition to the re- (1) NOTIFICATION AND SUBMISSION.—Any Policy and Negotiations established under quirements set forth in paragraph (1), before agreement entered into under section 303(b) section 135 of the Trade Act of 1974 (19 U.S.C. initiating negotiations with respect to a shall enter into force with respect to the 2155) of the President’s decision to submit a trade agreement subject to section 303(b) United States if (and only if)— report to the Congress under paragraph (2). where the subject matter of such negotia- (A) the President, at least 90 calendar days The Advisory Committee shall submit to the tions is directly related to the principal before the day on which the President enters Congress as soon as practicable, but not trade negotiating objectives set forth in sec- into the trade agreement, notifies the House later than August 1, 2003, a written report tion 302(b)(1) or section 302(b)(7), the Presi- of Representatives and the Senate of the that contains— dent shall consult with the Committee on President’s intention to enter into the agree- (A) its views regarding the progress that Ways and Means of the House of Representa- ment, and promptly thereafter publishes no- has been made in negotiations to achieve the tives and the Committee on Finance of the tice of such intention in the Federal Reg- purposes, policies, and objectives of this Senate and with the appropriate advisory ister; title; and groups established under section 135 of the (B) within 60 days after entering into the (B) a statement of its views, and the rea- Trade Act of 1974 with respect to such nego- agreement, the President submits to the sons therefor, regarding whether the exten- tiations. Congress a description of those changes to February 14, 2001 CONGRESSIONAL RECORD — SENATE S1415

existing laws that the President considers (2) PROCEDURES FOR CONSIDERING RESOLU- (1) IMPLEMENTING BILL.— would be required in order to bring the TION.—(A) A procedural disapproval resolu- (A) Section 151(b)(1) (19 U.S.C. 2191(b)(1)) is United States into compliance with the tion— amended by striking ‘‘section 1103(a)(1) of agreement; (i) in the House of Representatives— the Omnibus Trade and Competitiveness Act (C) after entering into the agreement, the (I) shall be introduced by the chairman or of 1988, or section 282 of the Uruguay Round President submits a copy of the final legal ranking minority member of the Committee Agreements Act’’ and inserting ‘‘section 282 text of the agreement, together with— on Ways and Means or the chairman or rank- of the Uruguay Round Agreements Act, or (i) a draft of an implementing bill de- ing minority member of the Committee on section 305(a)(1) of the Reciprocal Trade scribed in section 303(b)(3); Rules; Agreement Authorities Act of 2001’’. (ii) a statement of any administrative ac- (II) shall be referred to the Committee on (B) Section 151(c)(1) (19 U.S.C. 2191(c)(1)) is tion proposed to implement the trade agree- Ways and Means and to the Committee on amended by striking ‘‘or section 282 of the ment; and Rules; and Uruguay Round Agreements Act’’ and insert- (iii) the supporting information described (III) may not be amended by either Com- ing ‘‘, section 282 of the Uruguay Round in paragraph (2); and mittee; and Agreements Act, or section 305(a)(1) of the (D) the implementing bill is enacted into (ii) in the Senate shall be an original reso- Reciprocal Trade Agreement Authorities Act law. lution of the Committee on Finance. of 2001’’. (2) SUPPORTING INFORMATION.—The sup- (B) The provisions of section 152(d) and (e) (2) ADVICE FROM INTERNATIONAL TRADE COM- porting information required under para- of the Trade Act of 1974 (19 U.S.C. 2192(d) and MISSION.—Section 131 (19 U.S.C. 2151) is graph (1)(C)(iii) consists of— (e)) (relating to the floor consideration of amended— (A) an explanation as to how the imple- certain resolutions in the House and Senate) (A) in subsection (a)— menting bill and proposed administrative ac- apply to a procedural disapproval resolution. (i) in paragraph (1), by striking ‘‘section tion will change or affect existing law; and (C) It is not in order for the House of Rep- 123 of this Act or section 1102 (a) or (c) of the (B) a statement— resentatives to consider any procedural dis- Omnibus Trade and Competitiveness Act of (i) asserting that the agreement makes approval resolution not reported by the Com- 1988,’’ and inserting ‘‘section 123 of this Act progress in achieving the applicable pur- mittee on Ways and Means and by the Com- or section 303(a) or (b) of the Reciprocal poses, policies, and objectives of this title; mittee on Rules. Trade Agreement Authorities Act of 2001,’’; (ii) setting forth the reasons of the Presi- (c) RULES OF HOUSE OF REPRESENTATIVES and dent regarding— AND SENATE.—Subsection (b) of this section (ii) in paragraph (2), by striking ‘‘section (I) how and to what extent the agreement and section 303(c) are enacted by the Con- 1102 (b) or (c) of the Omnibus Trade and Com- makes progress in achieving the applicable gress— petitiveness Act of 1988’’ and inserting ‘‘sec- purposes, policies, and objectives referred to (1) as an exercise of the rulemaking power tion 303(b) of the Reciprocal Trade Agree- in clause (i); of the House of Representatives and the Sen- ment Authorities Act of 2001’’; (II) whether and how the agreement ate, respectively, and as such are deemed a (B) in subsection (b), by striking ‘‘section changes provisions of an agreement pre- part of the rules of each House, respectively, 1102(a)(3)(A)’’ and inserting ‘‘section viously negotiated; and such procedures supersede other rules 303(a)(3)(A) of the Reciprocal Trade Agree- (III) how the agreement serves the inter- only to the extent that they are inconsistent ment Authorities Act of 2001’’ before the end ests of United States commerce; and with such other rules; and period; and (IV) how the implementing bill meets the (2) with the full recognition of the con- (C) in subsection (c), by striking ‘‘section standards set forth in section 303(b)(3). stitutional right of either House to change 1102 of the Omnibus Trade and Competitive- (3) RECIPROCAL BENEFITS.—In order to en- the rules (so far as relating to the procedures ness Act of 1988,’’ and inserting ‘‘section 303 sure that a foreign country that is not a of that House) at any time, in the same man- of the Reciprocal Trade Agreement Authori- party to a trade agreement entered into ner, and to the same extent as any other rule ties Act of 2001,’’. under section 303(b) does not receive benefits of that House. (3) HEARINGS AND ADVICE.—Sections 132, under the agreement unless the country is 133(a), and 134(a) (19 U.S.C. 2152, 2153(a), and also subject to the obligations under the SEC. 306. TREATMENT OF CERTAIN TRADE AGREEMENTS. 2154(a)) are each amended by striking ‘‘sec- agreement, the implementing bill submitted (a) CERTAIN AGREEMENTS.—Notwith- with respect to the agreement shall provide tion 1102 of the Omnibus Trade and Competi- standing section 303(b)(2), if an agreement to that the benefits and obligations under the tiveness Act of 1988,’’ each place it appears which section 303(b) applies— agreement apply only to the parties to the and inserting ‘‘section 303 of the Reciprocal (1) is entered into under the auspices of the agreement, if such application is consistent Trade Agreement Authorities Act of 2001,’’. with the terms of the agreement. The imple- World Trade Organization regarding trade in (4) PREREQUISITES FOR OFFERS.—Section menting bill may also provide that the bene- information technology products, 134(b) (19 U.S.C. 2154(b)) is amended by strik- fits and obligations under the agreement do (2) is entered into under the auspices of the ing ‘‘section 1102 of the Omnibus Trade and not apply uniformly to all parties to the World Trade Organization regarding ex- Competitiveness Act of 1988’’ and inserting agreement, if such application is consistent tended negotiations on financial services as ‘‘section 303 of the Reciprocal Trade Agree- with the terms of the agreement. described in section 135(a) of the Uruguay ment Authorities Act of 2001’’. (b) LIMITATIONS ON TRADE AUTHORITIES Round Agreements Act (19 U.S.C. 3555(a)), (5) ADVICE FROM PRIVATE AND PUBLIC SEC- PROCEDURES.— (3) is entered into under the auspices of the TORS.—Section 135 (19 U.S.C. 2155) is amend- (1) FOR LACK OF CONSULTATIONS.— World Trade Organization regarding the ed— (A) IN GENERAL.—The trade authorities rules of origin work program described in Ar- (A) in subsection (a)(1)(A), by striking procedures shall not apply to any imple- ticle 9 of the Agreement on Rules of Origin ‘‘section 1102 of the Omnibus Trade and Com- menting bill submitted with respect to a referred to in section 101(d)(10) of the Uru- petitiveness Act of 1988’’ and inserting ‘‘sec- trade agreement entered into under section guay Round Agreements Act (19 U.S.C. tion 303 of the Reciprocal Trade Agreement 303(b) if during the 60-day period beginning 3511(d)(10)), or Authorities Act of 2001’’; on the date that one House of Congress (4) is entered into with Chile, (B) in subsection (e)(1)— agrees to a procedural disapproval resolution and results from negotiations that were com- (i) by striking ‘‘section 1102 of the Omnibus for lack of notice or consultations with re- menced before the date of enactment of this Trade and Competitiveness Act of 1988’’ each spect to that trade agreement, the other Act, subsection (b) shall apply. place it appears and inserting ‘‘section 303 of House separately agrees to a procedural dis- (b) TREATMENT OF AGREEMENTS.—In the the Reciprocal Trade Agreement Authorities approval resolution with respect to that case of any agreement to which subsection Act of 2001’’; and agreement. (a) applies— (ii) by striking ‘‘section 1103(a)(1)(A) of (B) PROCEDURAL DISAPPROVAL RESOLU- (1) the applicability of the trade authori- such Act of 1988’’ and inserting ‘‘section TION.—For purposes of this paragraph, the ties procedures to implementing bills shall 305(a)(1)(A) of the Reciprocal Trade Agree- term ‘‘procedural disapproval resolution’’ be determined without regard to the require- ment Authorities Act of 2001’’; and means a resolution of either House of Con- ments of section 304(a), and any procedural (C) in subsection (e)(2), by striking ‘‘sec- gress, the sole matter after the resolving disapproval resolution under section tion 1101 of the Omnibus Trade and Competi- clause of which is as follows: ‘‘That the 305(b)(1)(B) shall not be in order on the basis tiveness Act of 1988’’ and inserting ‘‘section President has failed or refused to notify or of a failure or refusal to comply with the 302 of the Reciprocal Trade Agreement Au- consult (as the case may be) with Congress provisions of section 304(a); and thorities Act of 2001’’. in accordance with section 304 or 305 of the (2) the President shall consult regarding (6) TRANSMISSION OF AGREEMENTS TO CON- Reciprocal Trade Agreement Authorities Act the negotiations described in subsection (a) GRESS.—Section 162(a) (19 U.S.C. 2212(a)) is of 2001 on negotiations with respect to, or en- with the committees described in section amended by striking ‘‘or under section 1102 tering into, a trade agreement to which sec- 304(a)(1)(B) as soon as feasible after the en- of the Omnibus Trade and Competitiveness tion 303(b) of that Act applies and, therefore, actment of this Act. Act of 1988’’ and inserting ‘‘or under section the provisions of section 151 of the Trade Act SEC. 307. CONFORMING AMENDMENTS. 303 of the Reciprocal Trade Agreement Au- of 1974 shall not apply to any implementing (a) IN GENERAL.—Title I of the Trade Act of thorities Act of 2001’’. bill submitted with respect to that trade 1974 (19 U.S.C. 2111 et seq.) is amended as fol- (b) APPLICATION OF CERTAIN PROVISIONS.— agreement.’’. lows: For purposes of applying sections 125, 126, S1416 CONGRESSIONAL RECORD — SENATE February 14, 2001 and 127 of the Trade Act of 1974 (19 U.S.C. available as a result of commercial sales ‘‘(II) in the case of a new sanction, the ex- 2135, 2136(a), and 2137)— shall be exempt from a unilateral agricul- tent to which any country or countries to be (1) any trade agreement entered into under tural sanction imposed by the United States sanctioned or likely to be sanctioned are section 303 shall be treated as an agreement on another country. markets that accounted for, during the pre- entered into under section 101 or 102, as ap- ‘‘(2) EXCLUSIONS.—Paragraph (1) shall not ceding calendar year, more than 3 percent of propriate, of the Trade Act of 1974 (19 U.S.C. apply to agricultural commodities made export sales of a United States agricultural 2111 or 2112); and available as a result of programs carried out commodity; (2) any proclamation or Executive order under— ‘‘(ii) regarding the effect on United States issued pursuant to a trade agreement en- ‘‘(A) the Agricultural Trade Development agricultural commodities— tered into under section 303 shall be treated and Assistance Act of 1954 (7 U.S.C. 1691 et ‘‘(I) in the case of a current sanction, the as a proclamation or Executive order issued seq.); potential for export sales of United States pursuant to a trade agreement entered into ‘‘(B) section 416 of the Agricultural Act of agricultural commodities in the sanctioned under section 102 of the Trade Act of 1974. 1949 (7 U.S.C. 1431); country or countries; and SEC. 308. DEFINITIONS. ‘‘(C) the Food for Progress Act of 1985 (7 ‘‘(II) in the case of a new sanction, the In this title: U.S.C. 1736o); likelihood that exports of United States ag- (1) UNITED STATES PERSON.—The term ‘‘(D) the Agricultural Trade Act of 1978 (7 ricultural commodities will be affected by ‘‘United States person’’ means— U.S.C. 5601 et seq.); or the new sanction or by retaliation by any (A) a United States citizen; ‘‘(E) section 153 of the Food Security Act country to be sanctioned or likely to be (B) a partnership, corporation, or other of 1985 (15 U.S.C. 713a–14). sanctioned, including a description of spe- legal entity organized under the laws of the ‘‘(3) DETERMINATION BY PRESIDENT.—The cific United States agricultural commodities United States; and President may include agricultural commod- that are most likely to be affected; (C) a partnership, corporation, or other ities made available as a result of the activi- ‘‘(iii) regarding the income of agricultural legal entity that is organized under the laws ties described in paragraph (1) in the unilat- producers— of a foreign country and is controlled by en- eral agricultural sanction imposed on a for- ‘‘(I) in the case of a current sanction, the tities described in subparagraph (B) or eign country or foreign entity if— potential for increasing the income of pro- United States citizens, or both. ‘‘(A) a declaration of war by Congress is in ducers of the United States agricultural commodities involved; and (2) URUGUAY ROUND AGREEMENTS.—The effect with respect to the foreign country or ‘‘(II) in the case of a new sanction, the term ‘‘Uruguay Round Agreements’’ has the foreign entity; or likely effect on incomes of producers of the meaning given that term in section 2(7) of ‘‘(B)(i) the President determines that in- agricultural commodities involved; the Uruguay Round Agreements Act (19 clusion of the agricultural commodities is in ‘‘(iv) regarding displacement of United U.S.C. 3501(7)). the national interest; States suppliers— (3) WORLD TRADE ORGANIZATION.—The term ‘‘(ii) the President submits the report re- ‘‘(I) in the case of a current sanction, the ‘‘World Trade Organization’’ means the orga- quired under subsection (d); and potential for increased competition for nization established pursuant to the WTO ‘‘(iii) Congress has not approved a joint United States suppliers of the agricultural Agreement. resolution stating the disapproval of Con- gress of the report submitted under sub- commodity in countries that are not subject (4) WTO AGREEMENT.—The term ‘‘WTO to the current sanction because of uncer- section (d). Agreement’’ means the Agreement Estab- tainty about the reliability of the United ‘‘(4) EFFECT ON AGRICULTURAL TRADE.— lishing the World Trade Organization en- States suppliers; and Nothing in this subsection requires the im- tered into on April 15, 1994. ‘‘(II) in the case of a new sanction, the ex- position of a unilateral agricultural sanction TITLE IV—AGRICULTURAL TRADE tent to which the new sanction would permit with respect to an agricultural commodity, FREEDOM foreign suppliers to replace United States whether exported in connection with a com- suppliers; and SEC. 401. SHORT TITLE. mercial sale or a program described in para- ‘‘(v) regarding the reputation of United This title may be cited as the ‘‘Agricul- graph (2). tural Trade Freedom Act’’. States agricultural producers as reliable sup- ‘‘(c) CURRENT SANCTIONS.— SEC. 402. DEFINITIONS. pliers— ‘‘(1) IN GENERAL.—Subject to paragraph (2), In this title, the terms ‘‘agricultural com- ‘‘(I) in the case of a current sanction, the exemption under subsection (b)(1) shall whether removing the sanction would im- modity’’ and ‘‘United States agricultural apply to a current sanction. commodity’’ have the meanings given the prove the reputation of United States pro- ‘‘(2) PRESIDENTIAL REVIEW.—Not later than ducers as reliable suppliers of agricultural terms in section 102 of the Agricultural 90 days after the date of enactment of the Trade Act of 1978 (7 U.S.C. 5602). commodities in general, and of specific agri- Agricultural Trade Freedom Act, the Presi- cultural commodities identified by the Sec- SEC. 403. AGRICULTURAL COMMODITIES, LIVE- dent shall review each current sanction to retary; and STOCK, AND PRODUCTS EXEMPT determine whether the exemption under sub- FROM UNILATERAL AGRICULTURAL ‘‘(II) in the case of a new sanction, the SANCTIONS. section (b)(1) should apply to the current likely effect of the proposed sanction on the Subtitle B of title IV of the Agricultural sanction. reputation of United States producers as re- Trade Act of 1978 (7 U.S.C. 5661 et seq.) is ‘‘(3) APPLICATION.—The exemption under liable suppliers of agricultural commodities amended by adding at the end the following: subsection (b)(1) shall apply to a current in general, and of specific agricultural com- sanction beginning on the date that is 180 ‘‘SEC. 418. AGRICULTURAL COMMODITIES, LIVE- modities identified by the Secretary. STOCK, AND PRODUCTS EXEMPT days after the date of enactment of the Agri- ‘‘(e) CONGRESSIONAL PRIORITY PROCE- FROM UNILATERAL AGRICULTURAL cultural Trade Freedom Act unless the DURES.— SANCTIONS. President determines that the exemption ‘‘(1) JOINT RESOLUTION.—In this subsection, ‘‘(a) DEFINITIONS.—In this section: should not apply to the current sanction for the term ‘joint resolution’ means only a ‘‘(1) CURRENT SANCTION.—The term ‘current reasons of the national interest. joint resolution introduced within 10 session sanction’ means a unilateral agricultural ‘‘(d) REPORT.— days of Congress after the date on which the sanction that is in effect on the date of en- ‘‘(1) IN GENERAL.—If the President deter- report of the President under subsection (d) actment of the Agricultural Trade Freedom mines under subsection (b)(3)(B)(i) or (c)(3) is received by Congress, the matter after the Act. that the exemption should not apply to a resolving clause of which is as follows: ‘That ‘‘(2) NEW SANCTION.—The term ‘new sanc- unilateral agricultural sanction, the Presi- Congress disapproves the report of the Presi- tion’ means a unilateral agricultural sanc- dent shall submit a report to Congress not dent pursuant to section 418(d) of the Agri- tion that becomes effective after the date of later than 15 days after the date of the deter- cultural Trade Act of 1978, transmitted on enactment of that Act. mination. lllllll.’, with the blank completed ‘‘(3) UNILATERAL AGRICULTURAL SANCTION.— ‘‘(2) CONTENTS OF REPORT.—The report with the appropriate date. The term ‘unilateral agricultural sanction’ shall contain— ‘‘(2) REFERRAL OF REPORT.—The report de- means any prohibition, restriction, or condi- ‘‘(A) an explanation of— scribed in subsection (d) shall be referred to tion that is imposed on the export of an agri- ‘‘(i) the economic activity that is proposed the appropriate committee or committees of cultural commodity to a foreign country or to be prohibited, restricted, or conditioned the House of Representatives and to the ap- foreign entity and that is imposed by the by the unilateral agricultural sanction; and propriate committee or committees of the United States for reasons of the national in- ‘‘(ii) the national interest for which the ex- Senate. terest, except in a case in which the United emption should not apply to the unilateral ‘‘(3) REFERRAL OF JOINT RESOLUTION.— States imposes the measure pursuant to a agricultural sanction; and ‘‘(A) IN GENERAL.—A joint resolution shall multilateral regime and the other members ‘‘(B) an assessment by the Secretary— be referred to the committees in each House of that regime have agreed to impose sub- ‘‘(i) regarding export sales— of Congress with jurisdiction. stantially equivalent measures. ‘‘(I) in the case of a current sanction, ‘‘(B) REPORTING DATE.—A joint resolution ‘‘(b) EXEMPTION.— whether markets in the sanctioned country referred to in subparagraph (A) may not be ‘‘(1) IN GENERAL.—Subject to paragraphs (2) or countries present a substantial trade op- reported before the eighth session day of and (3) and notwithstanding any other provi- portunity for export sales of a United States Congress after the introduction of the joint sion of law, agricultural commodities made agricultural commodity; or resolution. February 14, 2001 CONGRESSIONAL RECORD — SENATE S1417 ‘‘(4) DISCHARGE OF COMMITTEE.—If the com- receives from the other House a joint resolu- troduce a bill which focuses on an im- mittee to which is referred a joint resolution tion, the following procedures shall apply: portant issue facing American families has not reported the joint resolution (or an ‘‘(A) NO COMMITTEE REFERRAL.—The joint today—paying for the education of identical joint resolution) at the end of 30 resolution of the other House shall not be re- their children. I have long believed ferred to a committee. session days of Congress after the date of in- that we need to make college edu- troduction of the joint resolution— ‘‘(B) FLOOR PROCEDURE.—With respect to a ‘‘(A) the committee shall be discharged joint resolution of the House receiving the cation more affordable, and my legisla- from further consideration of the joint reso- joint resolution— tion, the Setting Aside for a Valuable lution; and ‘‘(i) the procedure in that House shall be Education, or SAVE, Act, will do that ‘‘(B) the joint resolution shall be placed on the same as if no joint resolution had been by making savings in qualified tuition the appropriate calendar of the House con- received from the other House; but savings plans entirely tax-free. I am cerned. ‘‘(ii) the vote on final passage shall be on pleased to be joined in this endeavor by ‘‘(5) FLOOR CONSIDERATION.— the joint resolution of the other House. the bill’s original co-sponsors, Senators ‘‘(C) DISPOSITION OF JOINT RESOLUTIONS OF ‘‘(A) MOTION TO PROCEED.— GRAHAM, BUNNING, DEWINE, WARNER, ‘‘(i) IN GENERAL.—When the committee to RECEIVING HOUSE.—On disposition of the joint resolution received from the other House, it and LUGAR. which a joint resolution is referred has re- I have worked for the past six years ported, or when a committee is discharged shall no longer be in order to consider the under paragraph (4) from further consider- joint resolution originated in the receiving to make saving for college easier for ation of, a joint resolution— House. American families by providing ways ‘‘(I) it shall be at any time thereafter in ‘‘(7) PROCEDURES AFTER ACTION BY BOTH THE to help them keep pace with the rising order (even though a previous motion to the HOUSE AND SENATE.—If a House receives a cost of a college education through tax same effect has been disagreed to) for any joint resolution from the other House after incentives. In 1994, I introduced the member of the House concerned to move to the receiving House has disposed of a joint first bill to make education savings in proceed to the consideration of the joint res- resolution originated in that House, the ac- tion of the receiving House with regard to state tuition plans exempt from tax- olution; and ation. Since that time, Congress has ‘‘(II) all points of order against the joint the disposition of the joint resolution origi- resolution (and against consideration of the nated in that House shall be deemed to be made significant progress toward joint resolution) are waived. the action of the receiving House with regard achieving this important goal. ‘‘(ii) PRIVILEGE.—The motion to proceed to to the joint resolution originated in the In 1996, I was able to include a provi- the consideration of the joint resolution— other House. sion in the Small Business Job Protec- ‘‘(I) shall be highly privileged in the House ‘‘(8) RULEMAKING POWER.—This subsection tion Act that clarified the tax treat- of Representatives and privileged in the Sen- is enacted by Congress— ment of state-sponsored savings plans ate; and ‘‘(A) as an exercise of the rulemaking and the participants’ investment. This ‘‘(II) shall not be debatable. power of the Senate and House of Represent- atives, respectively, and as such this sub- measure established that account earn- ‘‘(iii) AMENDMENTS AND MOTIONS NOT IN ings on the savings plans are to be in- ORDER.—The motion to proceed to the con- section— sideration of the joint resolution shall not be ‘‘(i) is deemed to be a part of the rules of cluded in gross income when distribu- subject to— each House, respectively, but applicable only tions to attend school are made. This ‘‘(I) amendment; with respect to the procedure to be followed was an important change because it re- ‘‘(II) a motion to postpone; or in that House in the case of a joint resolu- moved the tax uncertainty that was ‘‘(III) a motion to proceed to the consider- tion; and hindering the plans’ effectiveness and ation of other business. ‘‘(ii) supersedes other rules only to the ex- helped families who are trying to save ‘‘(iv) MOTION TO RECONSIDER NOT IN tent that this subsection is inconsistent with those rules; and for their children’s future education ORDER.—A motion to reconsider the vote by needs. Before this clarification, it ap- which the motion is agreed to or disagreed to ‘‘(B) with full recognition of the constitu- shall not be in order. tional right of either House to change the peared that account earnings may be ‘‘(v) BUSINESS UNTIL DISPOSITION.—If a mo- rules (so far as the rules relate to the proce- taxed annually, which would have de- tion to proceed to the consideration of the dure of that House) at any time, in the same terred saving for education expenses. joint resolution is agreed to, the joint reso- manner and to the same extent as in the case Also, my language shifted the tax bur- lution shall remain the unfinished business of any other rule of that House.’’. den upon distribution of the funds from of the House concerned until disposed of. SEC. 404. SALE OR BARTER OF FOOD ASSIST- the parent to the student, who is gen- ANCE. ‘‘(B) LIMITATIONS ON DEBATE.— erally taxed at a lower rate. ‘‘(i) IN GENERAL.—Debate on the joint reso- It is the sense of Congress that the amend- ments to section 203 of the Agricultural The following year, the Taxpayer Re- lution, and on all debatable motions and ap- lief Act of 1997 included several impor- peals in connection with the joint resolution, Trade Development and Assistance Act of shall be limited to not more than 10 hours, 1954 (7 U.S.C. 1723) made by section 208 of the tant legislative initiatives that maxi- which shall be divided equally between those Federal Agriculture Improvement and Re- mized flexibility to families with in- favoring and those opposing the joint resolu- form Act of 1996 (Public Law 104–127; 110 vestments in long-term education sav- tion. Stat. 954) were intended to allow the sale or ings plans. Through this vehicle, I was ‘‘(ii) FURTHER DEBATE LIMITATIONS.—A mo- barter of United States agricultural com- pleased to be able to expand the defini- tion to limit debate shall be in order and modities in connection with United States tion of ‘‘eligible education expenses’’ shall not be debatable. food assistance only within the recipient country or countries adjacent to the recipi- to include room and board costs so that ‘‘(iii) AMENDMENTS AND MOTIONS NOT IN these expenses—often as much as one- ORDER.—An amendment to, a motion to post- ent country, unless— pone, a motion to proceed to the consider- (1) the sale or barter within the recipient half the entire cost of college—also re- ation of other business, a motion to recom- country or adjacent countries is not prac- ceived the deferred tax treatment. Sec- mit the joint resolution, or a motion to re- ticable; and ondly, I was able to include a provision consider the vote by which the joint resolu- (2) the sale or barter within countries which expanded the definition of ‘‘eli- tion is agreed to or disagreed to shall not be other than the recipient country or adjacent gible institutions’’ to include all in order. countries will not disrupt commercial mar- schools, including certain proprietary ‘‘(C) VOTE ON FINAL PASSAGE.—Immediately kets for the agricultural commodity in- volved. schools, which are eligible under the following the conclusion of the debate on a Department of Education’s student aid joint resolution, and a single quorum call at the conclusion of the debate if requested in By Mr. MCCONNELL (for himself, program. Finally, I was pleased that accordance with the rules of the House con- Mr. GRAHAM, Mr. BUNNING, Mr. the Taxpayer Relief Act included a cerned, the vote on final passage of the joint DEWINE, Mr. WARNER, and Mr. more detailed definition of the term resolution shall occur. LUGAR): ‘‘member of family’’ to allow tax-free ‘‘(D) RULINGS OF THE CHAIR ON PROCE- S. 335. A bill to amend the Internal transfers of credits or account balances DURE.—An appeal from a decision of the Revenue Code of 1986 to provide an ex- in a qualified tuition program to addi- Chair relating to the application of the rules clusion from gross income for distribu- tional family members in the event of the Senate or House of Representatives, as tions from qualified State tuition pro- that the named beneficiary does not at- the case may be, to the procedure relating to a joint resolution shall be decided without grams which are used to pay education tend college. debate. expenses, and for other purposes; to the However, while I am proud of these ‘‘(6) COORDINATION WITH ACTION BY OTHER Committee on Finance. initial success stories, I will continue HOUSE.—If, before the passage by 1 House of Mr. McCONNELL. Mr. President, to press to make education savings en- a joint resolution of that House, that House today I am once again honored to in- tirely tax free. While the end is in S1418 CONGRESSIONAL RECORD — SENATE February 14, 2001 sight, we cannot claim victory until we empt from federal income tax when the able for American families. It is in our achieve this goal. In fact, the need for funds are used for qualified educational national interest to maintain a quality education savings tax relief is more purposes. This bill will finish what I and affordable education system for all acute then ever as recent studies dem- started in 1994. families—not merely those fortunate onstrate that we must continue to en- Mr. President, as a result of our ac- to have the resources. My legislation courage parents to adopt a long-term tions over the last several years, a ma- rewards parents who are serious about savings approach for their children’s jority of the states have implemented their children’s future and who are future education. tuition savings plans for their resi- committed over the long-term to the According to the College Board, dur- dents. In the mid-1980s, states first education of their children by pro- ing the 2000–2001 academic school year, began to recognize the difficulty that viding a significant tax break for all the average tuition at four-year public families faced in keeping pace with the savers nationwide. This will reduce the colleges rose between 4.4 and 5.2 per- rising cost of education. States like cost of education and will not unneces- cent. It is important to note that this Kentucky, Florida, Ohio, and Michigan sarily burden future generations with increase was higher than the 1999 tui- were among the first to start programs thousands of dollars in loans. tion increase of 3.4 percent. In addi- aimed at helping families save for their College is a lifelong investment. We tion, the College Board estimates that children’s college education. Other must take steps to ensure that higher room and board charges will increase states have since followed suit, and education is within the reach of every between 4 and 5 percent for next year. currently 48 states have some form of child so that they are prepared to meet What is most frustrating is that de- tuition savings plans. the challenges they will face in our in- spite the recent economic boom, the Today, there are nearly one million creasingly competitive world. We must cost of a college education continues to savers who have contributed over $2 make it easier for families to save for rise at a rate faster than many families billion in education savings. In the college, and we can do so this year by can afford. According to the College Commonwealth of Kentucky alone, providing total tax freedom for edu- Board, since 1980 the price of a college 3,250 beneficiaries have active accounts cation savings. My bill will make these education has been rising between two and have accumulated $13 million in tuition savings plans entirely tax-free and three times the Consumer Price savings. With average monthly con- when the money is drawn out to pay Index. In fact, tuition and fees for a tributions as low as $110, and nearly for college, and I believe that my legis- four year college education has risen 60% of the participating families earn- lation is the best approach to ensuring 115 percent over inflation since the ing a household income of under $60,000 that our children can obtain a higher 1980–81 school year, while median annually, state-sponsored tuition plans education without mortgaging their fu- household income has risen only 20 per- clearly benefit middle-class families— tures. cent. Over the past decade, tuition has the exact Americans who deserve and Mr. President, I appreciate the oppor- increased between 32 and 49 percent, need such relief. tunity to speak to the Senate on this while family income over the same pe- In addition to accomplishing my legislation and I look forward to work- riod has increased just 4 percent. long-sought goal of making savings in ing with the bill’s co-sponsors and the As a result, more and more families tuition savings plans entirely tax-free, Bush Administration to enact it into are forced to rely on financial aid to the SAVE Act, includes several other law. meet tuition costs. In fact, a majority new provisions. It allows private insti- I ask unanimous consent that the bill of all college students utilize some tutions to establish their own qualified and a letter be printed in the RECORD. amount of financial assistance. The prepaid tuition programs, and at the There being no objection, the mate- amount of financial aid available to same time includes important con- rial was ordered to be printed in the students and their families for the sumer protections to ensure that these RECORD, as follows: 1999–2000 school year topped $68 billion, new plans operate in a fiscally respon- S. 335 more than 4% above than the previous sible manner. The SAVE Act also Be it enacted by the Senate and House of Rep- year. However, there has been a modifies the cap on room and board ex- resentatives of the United States of America in marked trend from grant-based assist- penses to more accurately reflect the Congress assembled, ance programs to loan-based assistance cost of attending an institution of SECTION 1. SHORT TITLE. programs, and today many students higher learning. The final important This Act may be cited as the ‘‘Setting are forced to borrow in order to attend change made in the SAVE Act is a pro- Aside for a Valuable Education (SAVE) Act’’. college. This shift toward loans in- vision allowing for one annual rollover SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM creases the financial burden of attend- between Section 529 plans to meet the QUALIFIED STATE TUITION PRO- ing college because students and fami- needs of our increasingly mobile soci- GRAMS. lies must then assume interest costs ety. (a) IN GENERAL.—Subparagraph (B) of sec- that can add thousands to the total I have worked closely with state plan tion 529(c)(3) of the Internal Revenue Code of cost of tuition. administrators over the years seeking 1986 (relating to distributions) is amended to We must not forget that compounded both their advice and support. When I read as follows: interest cuts both ways. For those stu- introduce the SAVE Act this after- ‘‘(B) DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION EXPENSES.—For purposes of this dents who must borrow, compounded noon, I will be honored once again to paragraph— interest is a burden, for those students have the endorsement of the National ‘‘(i) IN-KIND DISTRIBUTIONS.—No amount and families who save, it is a blessing. Association of State Treasurers and shall be includible in gross income under By saving, participants can keep pace, the College Savings Plans Network subparagraph (A) by reason of a distribution or even ahead of, tuition increases. By (CSPN). I ask unanimous consent that which consists of providing a benefit to the borrowing, students bear additional in- CSPN’s letter of support be included in distributee which, if paid for by the dis- terest costs that add thousands to the the record. They have worked tire- tributee, would constitute payment of a total cost of tuition. Savings have a lessly in support of this legislation be- qualified higher education expense. ‘‘(ii) CASH DISTRIBUTIONS.—In the case of positive impact by reducing the need cause they know it is in the best inter- distributions not described in clause (i), if— for students to borrow tens of thou- ests of plan participants—families who ‘‘(I) such distributions do not exceed the sands of dollars in student loans. This care about their children’s education. qualified higher education expenses (reduced will help make need-based grants, In addition, state-sponsored tuition by expenses described in clause (i)), no which target low-income families, bet- savings plans have recently been tout- amount shall be includible in gross income, ter meet the demands of those who are ed as one of the best ways to save for and in most need. a college education by such influential ‘‘(II) in any other case, the amount other- Mr. President, the need for rewarding magazines as Money, Fortune, and wise includible in gross income shall be re- long-term saving for college is clear. duced by an amount which bears the same Business Week. ratio to such amount as such expenses bear My legislation will recognize and This overwhelming support for these to such distributions. award savings while allowing students programs underscores my belief that ‘‘(iii) EXCEPTION FOR INSTITUTIONAL PRO- and families that are participating in we have a real opportunity to go even GRAMS.—In the case of any taxable year be- these state-sponsored plans to be ex- further toward making college afford- ginning before January 1, 2004, clauses (i) February 14, 2001 CONGRESSIONAL RECORD — SENATE S1419 and (ii) shall not apply with respect to any onstrates to the satisfaction of the Secretary (2) by adding at the end the following new distribution during such taxable year under that the manner in which that trustee or clause: a qualified State tuition program established person will administer the trust will be con- ‘‘(iii) LIMITATION ON CERTAIN ROLLOVERS.— and maintained by 1 or more eligible edu- sistent with the requirements of this section. Clause (i)(I) shall only apply to 1 transfer cational institutions. ‘‘(ii) The assets of the trust are not com- with respect to a designated beneficiary in ‘‘(iv) TREATMENT AS DISTRIBUTIONS.—Any mingled with other property except in a any year.’’, and benefit furnished to a designated beneficiary common trust fund or common investment (3) by inserting ‘‘OR PROGRAMS’’ after under a qualified State tuition program shall fund. ‘‘BENEFICIARIES’’ in the heading. be treated as a distribution to the bene- ‘‘(iii) The trust annually prepares and (b) MEMBER OF FAMILY INCLUDES FIRST ficiary for purposes of this paragraph. makes available the reports and accountings COUSIN.—Section 529(e)(2) of the Internal ‘‘(v) COORDINATION WITH HOPE AND LIFETIME required by this section. The annual report, Revenue Code of 1986 (defining member of LEARNING CREDITS.—The total amount of at a minimum, includes information on the family) is amended by striking ‘‘and’’ at the qualified higher education expenses with re- financial condition of the trust and the in- end of subparagraph (B), by striking the pe- spect to an individual for the taxable year vestment policy of the trust. riod at the end of subparagraph (C) and by shall be reduced— ‘‘(iv) Before entering into contracts or oth- inserting ‘‘; and’’, and by adding at the end ‘‘(I) as provided in section 25A(g)(2), and erwise accepting contributions on behalf of a the following new subparagraph: ‘‘(II) by the amount of such expenses which designated beneficiary, the trust obtains an ‘‘(D) any first cousin of such beneficiary.’’. were taken into account in determining the appropriate actuarial report to establish, (c) ADJUSTMENT OF LIMITATION ON ROOM credit allowed to the taxpayer or any other maintain, and certify that the trust shall AND BOARD DISTRIBUTIONS.—Section person under section 25A. have sufficient assets to defray the obliga- 529(e)(3)(B)(ii) of the Internal Revenue Code ‘‘(vi) COORDINATION WITH EDUCATION SAV- tions of the trust and annually makes the of 1986 is amended to read as follows: INGS ACCOUNTS.—If, with respect to an indi- actuarial report available to account con- ‘‘(ii) LIMITATION.—The amount treated as vidual for any taxable year— tributors and designated beneficiaries. qualified higher education expenses by rea- ‘‘(I) the aggregate distributions to which ‘‘(v) The trust secures a favorable ruling or son of clause (i) shall not exceed the greater clauses (i) and (ii) and section 530(d)(2)(A) opinion issued by the Internal Revenue Serv- of— apply, exceed ice that the trust is in compliance with the ‘‘(I) the amount (applicable to the student) ‘‘(II) the total amount of qualified higher requirements of this section. included for room and board for such period education expenses otherwise taken into ac- ‘‘(vi) Before entering into contracts or oth- in the cost of attendance (as defined in sec- count under clauses (i) and (ii) (after the ap- erwise accepting contributions on behalf of a tion 472 of the Higher Education Act of 1965 plication of clause (iv)) for such year, designated beneficiary, the trust solicits an- (20 U.S.C. 1087ll), as in effect on the date of the taxpayer shall allocate such expenses swers to appropriate ruling requests from the enactment of the Setting Aside for a Val- among such distributions for purposes of de- the Securities and Exchange Commission re- uable Education (SAVE) Act) for the eligible termining the amount of the exclusion under garding the application of Federal securities educational institution for such period, or clauses (i) and (ii) and section 530(d)(2)(A).’’. laws to the trust.’’. ‘‘(II) the actual invoice amount the stu- (b) CONFORMING AMENDMENTS.— (d) APPLICATION OF FEDERAL SECURITIES dent residing in housing owned or operated (1) Section 135(d)(2)(B) of the Internal Rev- LAWS TO PRIVATE QUALIFIED TUITION PRO- by the eligible educational institution is enue Code of 1986 is amended by striking GRAMS.—Section 529(e) of the Internal Rev- charged by such institution for room and ‘‘section 530(d)(2)’’ and inserting ‘‘sections enue Code of 1986 (relating to other defini- board costs for such period.’’. (d) EFFECTIVE DATE.—The amendments 529(c)(3)(B)(i) and 530(d)(2)’’. tions and special rules) is amended by adding made by this section shall apply to taxable (2) Section 221(e)(2)(A) of such Code is at the end the following new paragraph: years beginning after December 31, 2000. amended by inserting ‘‘529,’’ after ‘‘135,’’. ‘‘(6) APPLICATION OF FEDERAL SECURITIES (c) EFFECTIVE DATE.—The amendments LAWS TO PRIVATE QUALIFIED TUITION PRO- COLLEGE SAVINGS PLANS NETWORK, made by this section shall apply to taxable GRAMS.—Nothing in this section shall be con- Lexington, KY, February 13, 2001. years beginning after December 31, 2000. strued to exempt any qualified tuition pro- Re College Savings Plans Network’s Support SEC. 3. ELIGIBLE EDUCATIONAL INSTITUTIONS gram that is not established and maintained of the SAVE Act PERMITTED TO MAINTAIN QUALI- by a State or agency or instrumentality FIED TUITION PROGRAMS. thereof from any of the requirements of the Hon. MITCH MCCONNELL, (a) IN GENERAL.—Section 529(b)(1) of the In- Securities Act of 1933 (15 U.S.C 77a et seq.) or U.S. Senate, Russell Senate Office Building, ternal Revenue Code of 1986 (defining quali- the Investment Company Act of 1940 (15 Washington, DC. fied State tuition program) is amended by U.S.C 80a-1 et seq.).’’. DEAR SENATOR MCCONNELL: Thank you for inserting ‘‘or by 1 or more eligible edu- your continued support of legislation to en- (e) CONFORMING AMENDMENTS.— cational institutions’’ after ‘‘maintained by (1) Sections 72(e)(9), 135(c)(2)(C), courage college savings through state-spon- a State or agency or instrumentality there- 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and sored college savings programs. Your leader- of’’. ship in helping families plan for their chil- 6693(a)(2)(C) of the Internal Revenue Code of (b) PRIVATE QUALIFIED TUITION PROGRAMS dren’s college education is truly commend- 1986 are each amended by striking ‘‘qualified LIMITED TO BENEFIT PLANS.—Clause (ii) of able; your foresight and knowledge have en- State tuition’’ each place it appears and in- section 529(b)(1)(A) of the Internal Revenue hanced the ability of all families to save. serting ‘‘qualified tuition’’. Code of 1986 is amended by inserting ‘‘in the Section 529 programs now represent over 1.4 (2) The headings for sections 72(e)(9) and case of a program established and main- million families who have invested more 135(c)(2)(C) of such Code are each amended by tained by a State or agency or instrumen- than $8 billion for their children’s future striking ‘‘QUALIFIED STATE TUITION’’ and in- tality thereof,’’ before ‘‘may make’’. higher education. The College Savings Plans serting ‘‘QUALIFIED TUITION’’. (c) ADDITIONAL REQUIREMENTS FOR CERTAIN Network represents all 50 states that are (3) The headings for sections 529(b) and PRIVATE QUALIFIED TUITION PROGRAMS.—Sec- currently operating or developing § 529 col- tion 529(b) of the Internal Revenue Code of 530(b)(2)(B) of such Code are each amended lege savings programs. 1986 is amended by adding at the end the fol- by striking ‘‘QUALIFIED STATE TUITION’’ and In our continuing efforts to make a college lowing new paragraph: inserting ‘‘QUALIFIED TUITION’’. education more accessible and affordable for ‘‘(8) ADDITIONAL REQUIREMENTS FOR CERTAIN (4) The heading for section 529 of such Code American families, we are very appreciative PRIVATE QUALIFIED TUITION PROGRAMS.—A is amended by striking ‘‘state’’. of your sponsorship of the ‘‘Setting Aside for program established and maintained by 1 or (5) The item relating to section 529 of such a Valuable Education (SAVE) Act,’’ which more eligible educational institutions and Code in the table of sections for part VIII of would provide an exclusion from gross in- described in paragraph (1)(A)(ii) shall not be subchapter F of chapter 1 is amended by come for earnings on § 529 accounts, as well treated as a qualified tuition program un- striking ‘‘State’’. as several technical amendments that would less— (f) EFFECTIVE DATE.—The amendments make these college savings programs more ‘‘(A) under such program a trust is created made by this section shall apply to taxable user-friendly. or organized for the sole purpose of paying years beginning after December 31, 2000. The college Savings Plans Network strong- the qualified higher education expenses of SEC. 4. OTHER MODIFICATIONS TO QUALIFIED ly supports an exclusion from gross income the designated beneficiary of the account, TUITION PROGRAMS. for earnings on § 529 accounts. This tax treat- ‘‘(B) the written governing instrument cre- (a) ROLLOVER TO DIFFERENT PROGRAM FOR ment would be less burdensome to admin- ating the trust of which the account is a part BENEFIT OF SAME DESIGNATED BENEFICIARY.— ister than current tax provisions, and would provides safeguards to ensure that contribu- Section 529(c)(3)(C) of the Internal Revenue result in better compliance and less cost to tions made on behalf of a designated bene- Code of 1986 (relating to change in bene- college savings programs and their partici- ficiary remain available to provide for the ficiaries) is amended— pants. More importantly, an exclusion from qualified higher education expenses of the (1) by striking ‘‘transferred to the credit’’ gross income would provide a powerful addi- designated beneficiary, and in clause (i) and inserting ‘‘transferred— tional incentive for families to save early for ‘‘(C) the trust meets the following require- ‘‘(I) to another qualified tuition program college expenses. Section 529 of the Internal ments: for the benefit of the designated beneficiary, Revenue Code already contains restrictions ‘‘(i) Any trustee or person who may under or and penalties to prevent any potential abuse contract operate or manage the trust dem- ‘‘(II) to the credit’’, of these programs. S1420 CONGRESSIONAL RECORD — SENATE February 14, 2001 Please do not hesitate to contact me tage of these plans. It is middle income trillion in tax revenues it collects each should you need any additional information families who want the discipline of year as well as all of its expenditures or have any questions. Thank you again for monthly payments. They know that for salaries and expenses, procurement, your continued interest in and support of they would have a difficult time com- and the cost of various government § 529 programs and the hundreds of thousands programs. of children for whom college is now an af- ing up with funds necessary to pay for fordable reality. college if they waited until their child Unfortunately, what’s good for the Sincerely, enrolled. In Florida, more than 70 per- Federal government apparently is not GEORGE THOMAS, cent of participants in the state tuition good enough for small businesses. In Chair, College Savings Plans Network and program have family income of less recent years, the IRS has taken a dif- New Hampshire State Treasurer. than $50,000. Second, Congress should ferent view with respect to small busi- Mr. GRAHAM. Mr. President, I am make these programs tax free in order nesses on the cash method. In too proud to join Senator MCCONNELL and to encourage savings and college at- many cases, the IRS has asserted that my other Senate colleagues in launch- tendance. Finally, for most families, a small business should report its in- ing an initiative to increase Ameri- these plans simply represent the pur- come when all events have occurred to cans’ access to college education. chase of a service to be provided in the establish the business’ right to receipt Today, we are introducing the Setting future. The accounts are not liquid, and the amount can reasonably be de- Aside for a Valuable Education Act. and the funds are transferred from the termined. Similar principles are ap- This bill extends tax-free treatment to state directly to the college or univer- plied to determine when a business may recognize an expense. This method all state sponsored prepaid tuition sity. The imposition of a tax liability of accounting is known as ‘‘accrual ac- plans and state savings plans. This leg- on earnings represents a substantial counting.’’ The reality of accrual ac- islation also gives prepaid tuition plans burden, because the student is required counting for a small business is that it established by private colleges and uni- to find other means of generating the may be deemed to have income well be- versities tax-exempt status. funds to pay the tax. fore the cash is actually received and Prepaid college tuition and savings I am pleased to have this opportunity programs have flourished at the state an expense long after the cash is actu- to join my colleagues in introducing ally paid. As a result, accrual account- level in the face of spiraling college this bill which makes a college edu- ing can create taxable income for a costs. According to the College Board, cation easier to obtain. small business that has yet to receive between 1980 and 2000, the cost of going By Mr. BOND: the cash necessary to pay the taxes. to a four-year college has increased 115 While the IRS argues that the ac- percent above the rate of inflation. The S. 336. A bill to amend the Internal Revenue Code of 1986 to allow use of crual method of accounting produces a cause of this dramatic increase in tui- more accurate reflection of ‘‘economic cash accounting method for certain tion is the subject of significant de- income,’’ it also produces a major small businesses; to the Committee on bate. But whether these increases are headache for small enterprise. Few en- attributable to increased costs to the Finance. Mr. BOND. Mr. President, I rise trepreneurs have the time or experi- universities, reductions in state fund- ence to undertake accrual accounting, today to introduce a bill that addresses ing for public universities, or the in- which forces them to hire costly ac- an issue of growing concern to small creased value of a college degree, the countants and tax preparers. By some businesses across the nation—tax ac- fact remains that financing a college estimates, accounting fees can increase counting methods. I am pleased to be education has become increasingly dif- as much as 50 percent when accrual ac- working with our colleague in the ficult. counting is required, excluding the cost other body, Congressman WALLY In response to higher college costs of high-tech computerized accounting HERGER, who is introducing the com- the states have engineered innovative systems that some businesses must in- panion to this legislation. ways to help its families afford college. stall. For the brave few that try to While this topic may lack the noto- Michigan implemented the first pre- handle the accounting on their own, riety of some other tax issues cur- paid tuition plan in 1986. Florida fol- the accrual method often leads to rently in the spotlight like tax-rate re- lowed in 1988. Today 49 states have ei- major mistakes, resulting in tax audits ductions, estate-tax repeal, or elimi- ther implemented or are in the process and additional costs for professional of implementing prepaid tuition plans nation of the alternative minimum tax, help to sort the whole mess out—not to or state education savings plans. it goes to the heart of a business’ daily mention the interest and penalties that Prepaid college tuition plans allow operations—reflecting its income and the IRS may impose as a result of the parents to pay prospectively for their expenses. And because it is such a fun- mistake. children’s higher education at partici- damental issue, one may ask: ‘‘What’s To make matters even worse, the IRS pating universities. States pool these the big deal? Hasn’t this been settled focused on small service providers who funds and invest them in a manner long ago?’’ Regrettably, efforts by the use some merchandise in the perform- that will match or exceed the pace of Treasury Department and Internal ance of their service. In an e-mail sent educational inflation. This ‘‘locks in’’ Revenue Service (IRS) over the past to practitioners in my State of Mis- current tuition and guarantees finan- couple of years have muddied what souri and in Kansas on March 22, 1999, cial access to a future college edu- many small business owners have long the IRS’’ local district office took spe- cation. In 1996, Congress acted to en- seen as a settled issue. cial aim at the construction industry sure that the tax on the earnings in To many small business owners, tax asserting that ‘‘[t]axpayers in the con- these state-sponsored programs is tax- accounting simply means that they struction industry who are on the cash deferred. record gross receipts when they receive method of accounting may be using an Senator MCCONNELL and I believe the cash and expenses when they write a improper method. The cash method is 107th Congress must move to make check for the various costs associated permissible only if materials are not an these programs completely tax free. with operating a business. The dif- income producing factor.’’ For those Students should be able to enroll in ference is income, which is subject to lucky service providers, the IRS has as- college without the fear of incurring a taxes. In its simplest form, this is serted that the use of merchandise re- significant tax liability just because known as the ‘‘cash receipts and dis- quires the business to undertake an ad- they went to school. The legislation ex- bursements’’ method of accounting—or ditional and even more onerous form of tends this same tax treatment to pri- the ‘‘cash method’’ for short. It is easy bookkeeping—inventory accounting. vate college prepaid programs. to understand, it is simple to under- Let’s be clear about the kind of tax- We believe that these programs take in daily business operations, and payer at issue here. It’s the home should be tax free for numerous rea- for the vast majority of small enter- builder who by necessity must pur- sons. First, prepaid tuition and savings prises, it matches their income with chase wood, nails, dry wall, and host of programs help middle income families the related expenses in a given year. other items to provide the service of afford a college education. Florida’s ex- Coincidentally, it’s also the method of constructing a house. Similarly, it’s a perience shows that it is not higher in- accounting used by the Federal govern- painting contractor who will often pur- come families who take most advan- ment to keep track of the nearly $2 chase the paint when he renders the February 14, 2001 CONGRESSIONAL RECORD — SENATE S1421 service of painting the interior of a a result, small businesses will not be temporarily changed its litigation po- house. These service providers gen- forced into the accrual method merely sition concerning the requirement that erally purchase materials to undertake because their gross receipts increased certain taxpayers must use inventory a specific project and at its end, little due to inflation. and accrual accounting. Based on or no merchandise remains. They may Second, for small service providers, losses in several court cases, the IRS even arrange for the products to be de- the Cash Accounting for Small Busi- has decided to back off on taxpayers in livered directly to their client. ness Act exempts these taxpayers from construction businesses similar to Mr. President, if we thought that ac- inventory accounting if they meet the those addressed by the courts. For crual accounting is complicated and general $5 million threshold. These those taxpayers, the agency has turned burdensome, imaging having to keep businesses will be able to deduct the down the fire, and I applaud the IRS track of all the boards, nails, and paint expenses for such inventory that are for its decision. The new litigation po- used in the home builder’s and paint- actually consumed and used in the op- sition, however, does not solve the un- er’s jobs each year. And it doesn’t al- eration of the business during that par- derlying statutory issues that led the ways stop at inventory accounting for ticular taxable year. While the small IRS to pursue these taxpayers in the these service providers. Instead, the service provider will still have to keep first place, nor is it any assurance that IRS has used it as the first step to im- some minimal records as to the mer- the litigation position will not be posing overall accrual accounting—a chandise used during the year, it will changed again once the IRS’’ Chief be vastly more simple than having to one-two punch for the small service Counsel has completed its study of comply with the onerous inventory ac- provider when it comes to compliance these issues. The Cash Accounting for counting rules currently in place in the burdens. Small Businesses resolves this matter tax code. Even more troubling is the cost of an once and for all small businesses giving audit for these unsuspecting service The $5 million threshold set forth in my bill is a common-sense solution to them clear rules and certainty as they providers who have never known they struggle to keep their businesses run- were required to use inventories or ac- an increasing burden for small busi- nesses in this country, which was re- ning. crual accounting. According to a sur- The legislation I introduce today is vey of practitioners by the Padgett cently highlighted by the IRS National Taxpayer Advocate. In his 2001 Report the companion to the bill that Con- Business Services Foundation, audits to Congress, the Advocate noted that gressman HERGER is introducing in the of businesses on the issue of merchan- ‘‘Small business taxpayers may be bur- other body. Together with Congress- dise used in the performance of serv- dened by having to maintain an ac- man HERGER and the small business ices resulted in tax deficiencies from crual method of accounting for no community, I expect to continue the $2,000 to $14,000, with an average of other purpose than tax reporting. Be- momentum that we started last year $7,200. That’s a steep price to pay for an cause these taxpayers can be relatively and achieve some much needed relief accounting method error that the IRS unsophisticated about tax and inven- from unnecessary compliance burdens for years has never enforced. tory accounting issues, they are likely and costs for America’s small busi- The bill I’m introducing today—the to hire advisors to help them comply nesses. Cash Accounting for Small Business with their tax obligations.’’ Unfortu- The call for tax simplification has Act of 2001—addresses both of these nately, these higher costs of record- been growing increasingly loud in re- issues and builds on the legislation keeping and tax preparation take valu- cent years, and this bill provides an ex- that I introduced in the 106th Congress. able capital away from the business cellent opportunity for us to advance First, the bill establishes a clear and hinder its ability to grow and the ball well down the field. This is not threshold for when small businesses produce jobs. The Cash Accounting for a partisan issue; it’s a small business may use the cash method of account- Small Business Act takes a big step to- issue. And I urge my colleagues on ing. Simply put, if a business has an ward easing those burdens and allowing both sides of the aisle to join me in average of $5 million in annual gross small business owners to dedicate their this common-sense legislation for the receipts or less during the preceding time and money to running successful benefit of America’s small enterprises, three years, it may use the cash meth- enterprises—instead of filling out gov- which contribute so greatly to this od. Plain and simple—no complicated ernment paperwork. country’s economic engine. formula; no guessing if you made the In addition, it sends a clear signal to Mr. President, I ask unanimous con- right assumptions and arrived at the the IRS: stop wasting scarce resources sent to have printed in the RECORD, the right answer. If the business exceeds forcing small businesses to adopt com- text of the bill and a description of its the threshold, it may still seek to es- plex and costly accounting methods provisions. tablish, as under current law, that the when the benefit to the Treasury is There being no objection, the mate- cash method clearly reflects its in- simply a matter of timing. Whether a rial was ordered to be printed in the come. small business uses the cash or accrual RECORD, as follows: Some may argue that this provision method or inventory accounting or S. 336 is unnecessary because section 448(b) not, in the end, the government will Be it enacted by the Senate and House of Rep- and (c) of the Internal Revenue Code still collect the same amount of resentatives of the United States of America in already provide a $5 million gross re- taxes—maybe not all this year, but Congress assembled, ceipts test with respect to accrual ac- very likely early in the next year. SECTION 1. SHORT TITLE. counting. That’s a reasonable position What small business can go very long This Act may be cited as the ‘‘Cash Ac- since many in Congress back in 1986 in- without collecting what it is owed or counting for Small Business Act of 2001’’. tended section 448 to provide relief for paying its bills? SEC. 2. CLARIFICATION OF CASH ACCOUNTING small business taxpayers using the Last year, the Treasury Depart- RULES FOR SMALL BUSINESS. cash method. Unfortunately, the IRS ment’s answer was to propose a $1 mil- (a) CASH ACCOUNTING PERMITTED.—Section has twisted this section to support its 446 of the Internal Revenue Code of 1986 (re- lion threshold under which a small lating to general rule for methods of ac- quest to force as many small busi- business could escape accrual account- counting) is amended by adding at the end nesses as possible into costly accrual ing and presumably inventories. While the following new subsection: accounting. The IRS has construed sec- it is a step in the right direction, it ‘‘(g) SMALL BUSINESS TAXPAYERS PER- tion 448 to be merely a $5 million ceil- simply doesn’t go far enough. Even ig- MITTED TO USE CASH ACCOUNTING METHOD ing above which a business can never noring inflation, if a million dollar WITHOUT LIMITATION.— use the cash method. My bill corrects threshold were sufficient, why would ‘‘(1) IN GENERAL.—Notwithstanding any this misinterpretation once and for Congress have tried to enact a $5 mil- other provision of this title, an eligible tax- all—if a business has average gross re- lion threshold 14 years ago? My bill payer shall not be required to use an accrual method of accounting for any taxable year. ceipts of $5 million or less, it is free to completes the job that the Clinton ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of use cash accounting. Treasury Department was unable or this subsection— Additionally, the bill indexes the $5 unwilling to do. ‘‘(A) IN GENERAL.—A taxpayer is an eligible million threshold for inflation so it More recently, the IRS issued a no- taxpayer with respect to any taxable year will keep pace with price increases. As tice announcing that the agency has if— S1422 CONGRESSIONAL RECORD — SENATE February 14, 2001 ‘‘(i) for all prior taxable years beginning (C) the net amount of the adjustments re- enough teachers that possess the tools after December 31, 1999, the taxpayer (or any quired to be taken into account by the tax- required to make that positive impact predecessor) met the gross receipts test of payer under section 481 of the Internal Rev- on our children. subparagraph (B), and enue Code of 1986 shall be taken into account Teachers must not only be prepared ‘‘(ii) the taxpayer is not a tax shelter (as over a period (not greater than 4 taxable when they are hired, but they must re- defined in section 448(d)(3)). years) beginning with such taxable year. main armed with the latest technology ‘‘(B) GROSS RECEIPTS TEST.—A taxpayer meets the gross receipts test of this subpara- CASH ACCOUNTING FOR SMALL BUSINESS ACT and teaching tools for the duration of graph for any prior taxable year if the aver- OF 2001—DESCRIPTION OF PROVISIONS their careers. Just think of the con- age annual gross receipts of the taxpayer (or The bill amends section 446 of the Internal stant training and testing doctors, po- any predecessor) for the 3-taxable-year pe- revenue Code to provide a clear threshold for lice officers, and lawyers must endure riod ending with such prior taxable year does small businesses to use the cash receipts and throughout their careers. not exceed $5,000,000. The rules of paragraphs disbursements method of accounting, instead Before I touch upon the Teacher Re- (2) and (3) of section 448(c) shall apply for of accrual accounting. To qualify, the busi- cruitment, Development, and Reten- purposes of the preceding sentence. ness must have $5 million or less in average tion Act of 2001 in greater detail I ‘‘(C) INFLATION ADJUSTMENT.—In the case annual gross receipts based on the preceding would like to make a few brief com- of any taxable year beginning in a calendar three years. Thus, even if the production, year after 2001, the dollar amount contained ments about K–12 education in New purchase, or sale of merchandise is an in- Mexico. New Mexico is a very large and in subparagraph (B) shall be increased by an come-producing factor in the taxpayer’s amount equal to— business, the taxpayer will not be required to rural state with almost 20,000 teachers ‘‘(i) such dollar amount, multiplied by use an accrual method of accounting if the and nearly 330,000 public school stu- ‘‘(ii) the cost-of-living adjustment deter- taxpayer meets the average annual gross re- dents. mined under section 1(f)(3) for the calendar ceipts test. New Mexico’s 89 school districts year in which the taxable year begins, by In addition, the bill provides that a tax- come in all shapes and sizes, for in- substituting ‘‘calendar year 2000’’ for ‘‘cal- payer meeting the average annual gross re- stance, Albuquerque has over 85,000 endar year 1992’’ in subparagraph (B) thereof. ceipts test is not required to account for in- students and Corona has only 92 stu- If any amount as adjusted under this sub- ventories under section 471. The taxpayer dents. However, each of these districts, paragraph is not a multiple of $100,000, such will be required to treat such inventory in large and small must all have qualified amount shall be rounded to the nearest mul- the same manner as materials or supplies teachers. tiple of $100,000.’’. that are not incidental. Accordingly, the The Teacher Recruitment, Develop- (b) CLARIFICATION OF INVENTORY RULES FOR taxpayer may deduct the expenses for such SMALL BUSINESS.—Section 471 of the Internal inventory that are actually consumed and ment, and Retention Act of 2001 seeks Revenue Code of 1986 (relating to general used in the operation of the business during to create several optional programs for rule for inventories) is amended by redesig- that particular taxable year. states to facilitate teacher recruitment nating subsection (c) as subsection (d) and by The bill indexes the $5 million average an- development, and retention through inserting after subsection (b) the following nual gross receipts threshold for inflation. grants awarded by the Secretary of new subsection: The cash-accounting safe harbor will be ef- Education. ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- fective for taxable years beginning after De- The first option would be the cre- QUIRED TO USE INVENTORIES.— cember 31, 2000. ation of Teacher Recruitment Centers. ‘‘(1) IN GENERAL.—An eligible taxpayer shall not be required to use inventories These centers would serve as job banks/ under this section for a taxable year. By Mr. DOMENICI: statewide clearinghouses for the re- ‘‘(2) TREATMENT OF TAXPAYERS NOT USING S. 337. A bill to amend the Elemen- cruitment and placement of K–12 INVENTORIES.—If an eligible taxpayer does tary and Secondary Education act of teachers. The centers would also be re- not use inventories with respect to any prop- 1965 to assist State and local edu- sponsible for creating programs to fur- erty for any taxable year beginning after De- cational agencies in establishing teach- ther teacher recruitment and retention cember 31, 2000, such property shall be treat- er recruitment centers, teacher intern- within the state. ed as a material or supply which is not inci- The second option would encourage dental. ship programs, and mobile professional development teams, and for other pur- states to implement teacher intern- ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of ships where newly hired teachers would this subsection, the term ‘eligible taxpayer’ poses; to the Committee on Health, has the meaning given such term by section Education, Labor, and Pensions. participate in a teacher internship in 446(g)(2).’’. Mr. DOMENICI. Mr. President, I rise addition to any state or district stu- (c) INDEXING OF GROSS RECEIPTS TEST.— today with great pleasure to introduce dent teaching requirement. The intern- Section 448(c) of the Internal Revenue Code ship would last one year and during the Teacher Recruitment, Develop- of 1986 (relating to $5,000,000 gross receipts that time the teacher would be as- ment, and Retention Act of 2001. test) is amended by adding at the end the fol- signed a mentor/senior teacher for I want to begin with a quotation I re- lowing new paragraph: guidance and support. ‘‘(4) INFLATION ADJUSTMENT.—In the case of cently came across that captures the Finally, states would have the option any taxable year beginning in a calendar essence of teaching: of creating mobile professional devel- year after 2001, the dollar amount contained The mediocre teacher tells. The good in paragraph (1) shall be increased by an opment teams. These teams would al- teacher explains. the superior teacher dem- leviate the need for teachers and ad- amount equal to— onstrates. The great teacher inspires. ‘‘(A) such dollar amount, multiplied by ministrators that often have to travel ‘‘(B) the cost-of-living adjustment deter- The point is simple, for our children great distances to attend professional mined under section 1(f)(3) for the calendar to succeed we must ensure they are development programs by bringing year in which the taxable year begins, by taught by well-educated, competent, these activities directly to the local substituting ‘‘calendar year 2000’’ for ‘‘cal- and qualified teachers. district or a centrally located regional endar year 1992’’ in subparagraph (B) thereof. I say this because it is a simple fact site through mobile professional devel- If any amount as adjusted under this para- that in the future the individuals who opment teams. graph is not a multiple of $100,000, such will succeed will be those who can read, I believe the primary beneficiaries of amount shall be rounded to the nearest mul- write, and do math. I firmly believe mobile professional development teams tiple of $100,000.’’. that a good education will help ensure (d) EFFECTIVE DATE AND SPECIAL RULES.— would be rural areas and the programs (1) IN GENERAL.—The amendments made by a ticket to the economic security of offered would focus on any state or this section shall apply to taxable years be- the middle class because almost no one local requirements for licensure of ginning after December 31, 2000. doubts the link between education and teachers and administrators, including (2) CHANGE IN METHOD OF ACCOUNTING.—In an individual’s prospects. certification and recertification. the case of any taxpayer changing the tax- However, one of the fundamental Under the Teacher Recruitment, De- payer’s method of accounting for any taxable keys to providing our children with the velopment, and Retention Act of 2001 year under the amendments made by this tools to succeed is the presence of each program would be authorized at section— qualified teachers. Nothing can have a (A) such change shall be treated as initi- $50 million for fiscal year 2002 and such ated by the taxpayer; more positive impact on a child’s sums as may be necessary for each of (B) such change shall be treated as made learning than a knowledgeable and the four succeeding fiscal years. with the consent of the Secretary of the skillful teacher. Thus, we must ensure In conclusion, I want to again say Treasury; and there are not only enough teachers, but how pleased I am to introduce the February 14, 2001 CONGRESSIONAL RECORD — SENATE S1423 Teacher Recruitment, Development, such information as the Secretary may re- acting a prohibition on all forms of and Retention Act of 2001 and I look quire. sports wagering—even in States where forward to working with my colleagues ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— it is legal and regulated. Such a pro- There are authorized to be appropriated to as we reauthorize the Elementary and carry out this part $50,000,000 for fiscal year posal is an affront to States’ rights and Secondary Education Act. 2002 and such sums as may be necessary for more importantly, does not address the Mr. President, I ask unanimous con- each of fiscal years 2003 through 2006.’’. real problem—illegal gambling. sent that the text of the bill be printed SEC. 4. MOBILE PROFESSIONAL DEVELOPMENT Indeed, it is like shutting down the in the RECORD. TEAMS. Bank of America in order to eliminate There being no objection, the bill was Title II of the Elementary and Secondary loan sharking. I have a pretty good un- ordered to be printed in the RECORD, as Education Act of 1965 (20 U.S.C. 6601 et seq.), derstanding of the many issues involv- follows: as amended by section 3, is further amended ing gaming. Prior to my service in the by inserting after part F the following: S. 337 Senate I chaired the Nevada Gaming ‘‘PART G—MOBILE PROFESSIONAL Commission. The Commission was re- Be it enacted by the Senate and House of Rep- DEVELOPMENT TEAMS resentatives of the United States of America in sponsible for regulating all forms of Congress assembled, ‘‘SEC. 2601. GRANTS. Nevada’s legal gaming industry. Gam- ‘‘(a) IN GENERAL.—The Secretary may SECTION 1. SHORT TITLE. make grants to State educational agencies ing succeeds in Nevada not despite reg- This Act may be cited as the ‘‘Teacher Re- to carry out professional development activi- ulation but because of regulation. cruitment, Development, and Retention Act ties through mobile professional develop- It is an all-cash industry. Absent reg- of 2001’’. ment teams. ulation, it invites mischief and crimi- SEC. 2. TEACHER RECRUITMENT CENTERS. ‘‘(b) USE OF FUNDS.—An agency that re- nal wrongdoing. The National gam- Title II of the Elementary and Secondary ceives a grant under subsection (a) shall use bling Impact Study Commission esti- Education Act of 1965 (20 U.S.C. 6601 et seq.) the funds made available through the grant mates that as much as $380 billion is is amended— to carry out, directly or by grant or contract wagered illegally every year. By con- (1) by redesignating part E as part H; with entities approved by the agency, activi- (2) by redesignating sections 2401 and 2402 ties that— trast, all sports wagers in Nevada were as sections 2701 and 2702, respectively; and ‘‘(1) at a minimum, provide professional less than 1 percent of illegal wagers, (3) by inserting after part D the following: development with respect to State licensing with college wagers only one-third of ‘‘PART E—TEACHER RECRUITMENT and certification (including recertification) the State total. CENTERS requirements of teachers and administrators; While there has been disagreement ‘‘SEC. 2401. GRANTS. and over the appropriate policy response to ‘‘(2) are provided by mobile professional de- ‘‘(a) IN GENERAL.—The Secretary may illegal gambling on college sports, make grants to State educational agencies velopment teams, in the school district in there is agreement that something which the teachers and administrators are to establish and operate State teacher re- must be done. The Ensign-Reid bill we cruitment centers. employed, or at a centrally located regional site. are introducing today takes affirma- ‘‘(b) USE OF FUNDS.—An agency that re- ‘‘(c) APPLICATION.—To be eligible to receive tive steps to immediately address ille- ceives a grant under subsection (a) shall use a grant under subsection (a), an agency shall the funds made available through the grant gal gambling on college sports. It es- submit an application to the Secretary at to establish and operate a center that— tablishes a task force on illegal wager- such time, in such manner, and containing ‘‘(1) serves as a statewide clearinghouse for ing on collegiate sporting events at the such information as the Secretary may re- the recruitment and placement of kinder- Department of Justice. quire. garten, elementary school, and secondary The task force is directed to enforce ‘‘(d) PRIORITY.—In awarding grants under school teachers; and this section, the Secretary shall give pri- Federal laws prohibiting gambling re- ‘‘(2) establishes and carries out programs ority to agencies proposing to carry out pro- lated to college sports and to report to to improve teacher recruitment and reten- fessional development activities through mo- Congress annually on the number of tion within the State. bile professional development teams that prosecutions and convictions obtained. ‘‘(c) APPLICATION.—To be eligible to receive will primarily operate in rural areas. a grant under subsection (a), an agency shall It doubles the penalties for illegal ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— submit an application to the Secretary at sports gambling. Our bill also addresses There are authorized to be appropriated to the growing trend of gambling by mi- such time, in such manner, and containing carry out this part $50,000,000 for fiscal year such information as the Secretary may re- 2002 and such sums as may be necessary for nors by directing the National Insti- quire. each of fiscal years 2003 through 2006.’’. tute of Justice to conduct a study on ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— this disturbing trend. There are authorized to be appropriated to By Mr. ENSIGN (for himself and It requires the Attorney General to carry out this part $50,000,000 for fiscal year conduct a study of illegal college 2002 and such sums as may be necessary for Mr. REID): each of fiscal years 2003 through 2006.’’. S. 338. A bill to protect amateur ath- sports gambling. Our legislation an- swers a concern raised by the NCAA re- SEC. 3. TEACHER INTERNSHIPS. letics and combat illegal sports gam- Title II of the Elementary and Secondary bling; to the Committee on the Judici- garding illegal gambling on college Education Act of 1965 (20 U.S.C. 6601 et seq.), ary. campuses. The National Gambling Im- as amended by section 2, is further amended Mr. REID. Mr. President, today I join pact Study Commission’s final report by inserting after part E the following: my colleague from Nevada, Senator found widespread illegal gambling by ‘‘PART F—TEACHER INTERNSHIPS ENSIGN, in introducing bipartisan legis- student athletes despite NCAA regula- ‘‘SEC. 2501. GRANTS. lation aimed at curtailing illegal gam- tions prohibiting such activities. The ‘‘(a) IN GENERAL.—The Secretary may bling in college sports. The bill we are commission urged the NCAA to do make grants to State educational agencies introducing will have a direct and im- more. The NCAA has failed to take any and local educational agencies to establish mediate impact on the growing na- action so our bill does. teacher internship programs. tional problem of illegal gambling in Just as schools now report on inci- ‘‘(b) USE OF FUNDS.—An agency that re- college sports. dents of drug and alcohol abuse on ceives a grant under subsection (a) shall use Illegal gambling in college sports is a their campuses they will now provide the funds made available through the grant growing phenomenon. It is a problem similar data on illegal wagering. to establish teacher internship programs in which a new teacher employed in the State not only in our college campuses and Schools will be required to coordinate or district involved— dorm rooms but is spreading through- their anti-gambling programs and sub- ‘‘(1) is hired on a probationary basis for a out the country. While we have laws on mit an annual report to the Secretary 1–year period; and our books prohibiting this activity, of Education. In addition to reporting ‘‘(2) is required to participate in an intern- they seem to be having little impact. on incidents of illegal gambling activ- ship during that year, under the supervision Last year there were several legisla- ity on their campuses, schools will be of a mentor teacher, in addition to meeting tive efforts aimed at addressing this required to provide a statement of pol- any State or local requirement concerning problem. I was fortunate last year to icy regarding illegal gambling. student teaching. ‘‘(c) APPLICATION.—To be eligible to receive work on a similar bill which had the Finally, our bill includes a section on a grant under subsection (a), an agency shall support of Senators TORRICELLI, BAU- personal responsibility. Students re- submit an application to the Secretary at CUS, and LINCOLN and former Senators ceiving athletic-related aid shall be such time, in such manner, and containing Bryan and Robb. Some suggested en- deemed ineligible for such aid if it is S1424 CONGRESSIONAL RECORD — SENATE February 14, 2001 determined that that student engaged We all grew up thinking that the To make matters worse, many of our in illegal gambling activity. While this ‘‘three R’s’’ were Reading, Writing, and rural areas are also plagued by per- is a taught measure, if the NCAA is se- Arithmetic. Unfortunately for our sistent poverty, and, as we know, high- rious about addressing this problem, rural school children, the ‘‘three R’s’’ poverty schools have a much tougher we would hope they could join us in are too often run-down classrooms, in- time preparing their students to reach supporting a real solution. Schools will sufficient resources, and really over- high standards of performance on state be required to coordinate their efforts worked teachers. and national assessments. Data from to reduce illegal gambling on cam- The bill I am introducing with Sen- the National Assessment of Edu- puses. ators FRIST and SESSIONS, the Rural cational Progress consistently show I believe the problems of illegal gam- Education Development Initiative, large gaps between the achievement of bling on college sporting events is very REDI, would provide funding to 5,400 students in high-poverty schools and real. I believe it is growing. No one rural school districts that serve 6.5 students in low-poverty schools. knows the real extent of this problem. million students—a short-term infu- Our legislation will provide rural stu- No one knows what is being done to sion of funds that will allow rural dents with greater learning opportuni- combat this at the Federal level or by schools and their students to make ties by putting more computers in our Nation’s institutions of higher substantial strides forward. classrooms, expanding distance learn- learning. The NCAA has chosen not to Local education agencies would be el- ing opportunities, providing academic address this problem. To date, their igible for REDI funding if they are ei- help to students who have fallen be- combined strategy of finger pointing, ther ‘‘rural’’, school locale code of 6, 7, hind, and making sure that every class use of red herring and outright denial or 8, and have a school-age population, is taught by a highly qualified teacher. ages 5–17, with 15 percent or more of has left us with little to show in terms I’ve heard it said that this will be the the kids are from families with in- of addressing this problem. Our na- Education Congress, but we have much comes below the poverty line; or tion’s students and schools are being to do before we earn that title. It’s ‘‘small’’—student population of 800 or ill-served by this beleaguered associa- time to show that we when it comes to less and a student population, ages 5– tion that at times seems more inter- education, we won’t leave anyone be- 17, with 15 percent or more of the kids ested in signing billion dollar broad- hind, and REDI will give children from are from families with incomes below casting contracts than ensuring the in- rural and small communities more of the poverty line. In Oregon, among the tegrity of the sporting events they the educational opportunities they de- schools eligible for REDI funding would sanction. serve. be Jewell High School in Seaside, Our bipartisan legislation takes sig- I ask unanimous consent that my bill Burnt River Elementary in Unity, Gas- nificant and meaningful steps toward be printed in the RECORD. ton High School in Gaston, and Mari- cleaning up the state of affairs with There being no objection, the bill was Lynn Elementary School in Lyons, Or- collegiate sports. I urge my colleagues ordered to be printed in the RECORD, as egon. follows: join us in committing to address the Like the Education Flexibility Act of problem of illegal gambling in college 1999, Ed-Flex, I authored with Senator S. 339 Be it enacted by the Senate and House of Rep- sports. FRIST last Congress, REDI is vol- resentatives of the United States of America in untary—states and school districts By Mr. WYDEN (for himself, Mr. Congress assembled, could choose to participate in the pro- FRIST, Mr. SESSIONS, Mr. SECTION 1. SHORT TITLE. gram. Both Ed-Flex and REDI are de- BREAUX, Ms. LANDRIEU, and Mr. This Act may be cited as the ‘‘Rural Edu- signed to provide states and districts BAYH): cation Development Initiative for the 21st with flexibility they need so they can S. 339. A bill to provide for improved Century Act.’’ target their local priorities. SEC. 2. PURPOSE. educational opportunities in rural Rural school districts and schools The purpose of this Act is to provide rural schools and districts, and for other pur- also find it more difficult to attract school students in the United States with in- poses; to the Committee on Health, and retain qualified teachers, espe- creased learning opportunities. Education, Labor, and Pensions. cially in Special Education, Math, and SEC. 3. FINDINGS. Mr. WYDEN. Mr. President, if you Science. Consequently, teachers in Congress makes the following findings: (1) While there are rural education initia- are one of the millions of rural school rural schools are almost twice as likely children who ride buses 2.9 billion tives identified at the State and local level, to provide instruction in two or more no Federal education policy focuses on the miles every year, if you attend school subjects than their urban counterparts. in one of the thousands of rural schools specific needs of rural school districts and The History teacher may be teaching schools, especially those that serve poor stu- that have no school library or no class- Math and Science without any formal dents. room computers, if one of the buildings training or experience. Rural teachers (2) The National Center for Educational at your school is in serious disrepair, also tend to be younger, less experi- Statistics (NCES) reports that while 46 per- or if you are sharing a few 30 year-old enced, and receive less pay than their cent of our Nation’s public schools serve textbooks with the other students in rural areas, they only receive 22 percent of urban and suburban counterparts. the nation’s education funds annually. your class, then you probably feel like Worse yet, rural school teachers are you are going to school in an education (3) A critical problem for rural school dis- less likely to have the high quality tricts involves the hiring and retention of sacrifice zone. professional development opportunities qualified administrators and certified teach- Our country spends less than a quar- that current research strongly suggests ers (especially in Special Education, Science, ter of our Nation’s education dollars to all teachers desperately need. and Mathematics). Consequently, teachers in educate approximately half of our na- Limited resources also mean fewer rural schools are almost twice as likely to tion’s students. You don’t have to be a course offerings for students in rural provide instruction in two or more subjects math whiz to know that the numbers and small schools. Consequently, than teachers in urban schools. Rural schools also face other tough challenges, just don’t add up. The students who are courses are designed for the kids in the short-changed often live in rural areas. such as shrinking local tax bases, high trans- middle. So, students at either end of portation costs, aging buildings, limited Thousands of rural and small schools the academic spectrum miss out. Addi- course offerings, and limited resources. across our nation face the daunting tionally, fewer rural students who (4) Data from the National Assessment of mission of educating almost half of dropout ever return to complete high Educational Progress (NAEP) consistently America’s children. Increasingly, these school, and fewer rural higher school shows large gaps between the achievement of schools are underfunded, overwhelmed, graduates go on to college. students in high-poverty schools and those and overlooked. While half of the na- On another note, recent research on in other schools. High-poverty schools will tion’s students are educated in rural brain development clearly shows the face special challenges in preparing their and small public schools, they only re- students to reach high standards of perform- critical nature of early childhood edu- ance on State and national assessments. ceive 23 percent of Federal education cation, yet rural schools are less likely SEC. 4. DEFINITIONS. dollars; 25 percent of State education to offer even kindergarten classes, let In this Act: dollars; and 19 percent of local edu- alone earlier educational opportuni- (1) ELEMENTARY SCHOOL; LOCAL EDU- cation dollars. ties. CATIONAL AGENCY; SECONDARY SCHOOL; STATE February 14, 2001 CONGRESSIONAL RECORD — SENATE S1425

EDUCATIONAL AGENCY.—The terms ‘‘elemen- grant under this Act shall contribute re- (C) how the State educational agency pro- tary school’’, ‘‘local educational agency,’’ sources with respect to the local authorized vided technical assistance for an eligible ‘‘secondary school’’, and ‘‘State educational activities to be assisted, in cash or in kind, local educational agency that did not meet agency’’ have the meanings given the terms from non-Federal sources, in an amount the goals and objectives described in sub- in section 14101 of the Elementary and Sec- equal to the Federal funds awarded under the section (c)(3); and ondary Education Act of 1965 (20 U.S.C. 8801). grant. (D) how the State educational agency took (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— (c) LOCAL AUTHORIZED ACTIVITIES.—Grant action against an eligible local educational The term ‘‘eligible local educational agency’’ funds awarded to local educational agencies agency if the local educational agency failed, means a local educational agency that under this Act shall be used for— for 2 consecutive years, to meet the goals serves— (1) for local educational technology efforts and objectives described in subsection (c)(3). (A) a school age population 15 percent or as established under section 6844 of Title 20, (2) AVAILABILITY.—The Secretary shall more of whom are from families with in- United States Code; make the annual State reports received comes below the poverty line; and (2) for professional development activities under paragraph (1) available for dissemina- (B)(i) a school locale code of 6, 7, 8; or designed to prepare those teachers teaching tion to Congress, interested parties (includ- (ii) a school age population of 800 or fewer out of their primary subject area; ing educators, parents, students, and advo- students. (3) for academic enrichment programs es- cacy and civil rights organizations), and the (3) RURAL AREA.—The term ‘‘rural area’’ tablished under section 10204 of Title 20 in public. includes the area defined by the Department United States Code; (b) LOCAL EDUCATIONAL AGENCY REPORTS.— of Education using school local codes 6, 7, (4) innovative academic enrichment pro- Each eligible local educational agency that and 8. grams related to the educational needs of receives a grant under section 5(b)93) shall (4) POVERTY LINE.—The term ‘‘poverty students at-risk of academic failure, includ- provide an annual report to the Secretary. line’’ means the poverty line (as defined by ing remedial instruction in one or more of The report shall describe how the local edu- the Office of Management and Budget, and the core subject areas of English, Mathe- cational agency used funds provided under revised annually in accordance with section matics, Science, and History; or this Act and how the local educational agen- 673(2) of the Community Services Block (4) activities to recruit and retain qualified cy coordinated funds received under this Act Grant Act (42 U.S.C. 9902(2))) applicable to a teachers in Special Education, Math, and with other Federal, State, and local funds. family of the size involved. Science. (c) REPORT TO CONGRESS.—The Secretary (5) SCHOOL LOCALE CODE.—The term ‘‘school (d) RELATION TO OTHER FEDERAL FUND- shall prepare and submit to Congress an an- locale code’’ has the meaning as defined by ING.—Funds received under this Act by a nual report. The report shall describe— the Department of Education. State educational agency or an eligible local (1) the methods the State educational (6) SCHOOL AGE POPULATION.—The term educational agency shall not be taken into agencies used to award grants to eligible ‘‘School age population’’ means the number consideration in determining the eligibility local educational agencies under this Act; of students aged 5 through 17. for, or amount of, any other Federal funding (2) how eligible local educational agencies (7) SECRETARY.—The term ‘‘Secretary’’ awarded to the agency. used funds provided under this Act; and means the Secretary of Education. SEC. 6. STATE DISTRIBUTION OF FUNDS. (3) the progress made by State educational SEC. 5. PROGRAM AUTHORIZED. (a) AWARD BASIS.—A State educational agencies and eligible local educational agen- (a) RESERVATION.—From amounts appro- agency shall award grants to eligible local cies receiving assistance under this Act in priated under section 9 for a fiscal year the educational agencies according to a formula meeting specific, annual, measurable per- Secretary shall reserve 0.5 percent to make or competitive grant program developed by formance goals and objectives established by awards to elementary or secondary schools the State educational agency and approved such agencies for activities assisted under operated or supported by the Bureau of In- by the Secretary. this Act. dian Affairs to carry out the purpose of this (b) FIRST YEAR.—For the first year that a (d) ACCOUNTABILITY.—The Secretary, at the Act. State educational agency receives a grant end of the third year that a State edu- (b) GRANTS TO STATES.— under this Act, the State educational agen- cational agency participates in the program (1) IN GENERAL.—From amounts appro- cy— assisted under this Act, shall permit only priated under section 9 that are not reserved (1) shall use not less than 99 percent of the those State educational agencies that met under subsection (a) for a fiscal year, the grant funds to award grants to eligible local their performance goals and objectives, for Secretary shall award grants to State edu- educational agencies in the State; and two consecutive years, to continue to par- cational agencies that have applications ap- (2) may use not more than 1 percent for ticipate in the program. proved under section 7 to enable the State State activities and administrative costs and (e) STUDY.—The Comptroller General of the educational agencies to award grants to eli- technical assistance related to the program. United States shall conduct a study regard- gible local educational agencies for local au- (c) SUCCEEDING YEARS.—For the second and ing the impact of assistance provided under thorized activities described in subsection each succeeding year that a State edu- this Act on student achievement. The Con- (c). cational agency receives a grant under this troller General shall report the results of the (2) FORMULA.— Act, the State educational agency— study to Congress. (A) IN GENERAL.—Each State educational (1) shall use not less than 99.5 percent of SEC. 9. AUTHORIZATION OF APPROPRIATIONS. agency shall receive a grant under this sec- the grant funds to award grants to eligible There are authorized to be appropriated to tion in an amount that bears the same rela- local educational agencies in the State; and carry out this Act $300,000,000 for each of the tion to the amount of funds appropriated (2) may use not more than 0.5 percent of fiscal years 2002 through 2005. under section 9 that are not reserved under the grant funds for State activities and ad- subsection (a) for a fiscal year as the school ministrative costs related to the program. age population served by eligible local edu- f cational agencies in the State bears to the SEC. 7. APPLICATIONS. Each State educational agency, or local school age population served by eligible local ADDITIONAL COSPONSORS educational agencies in all States. educational agency eligible for a grant under (B) DATA.—In determining the school age section 5(b)(3), that desires a grant under S. 29 this Act shall submit an application to the population under subparagraph (A) the Sec- At the request of Mr. BOND, the name Secretary at such time, in such manner, and retary shall use the most recent date avail- of the Senator from Missouri (Mrs. able from the Bureau of the Census. accompanied by such information as the Sec- CARNAHAN) was added as a cosponsor of (3) DIRECT AWARDS TO LOCAL EDUCATIONAL retary may require. S. 29, a bill to amend the Internal Rev- AGENCIES.—If a State educational agency SEC. 8. REPORTS; ACCOUNTABILITY; STUDY. elects not to participate in the program (a) STATE REPORTS.— enue Code of 1986 to allow a deduction under this Act or does not have an applica- (1) CONTENTS.—Each State educational for 100 percent of the health insurance tion approved under section 7, the Secretary agency that receives a grant under this Act costs of self-employed individuals. may award, on a competitive basis, the shall provide an annual report to the Sec- S. 99 amount the State educational agency is eli- retary. The report shall describe— At the request of Mr. KOHL, the name gible to receive under paragraph (2) directly (A) the method the State education agency to eligible local educational agencies in the used to award grants to eligible local edu- of the Senator from South Dakota (Mr. State. cational agencies under this Act; JOHNSON) was added as a cosponsor of (4) MATCHING REQUIREMENT.—Each eligible (B) how eligible local educational agencies S. 99, a bill to amend the Internal Rev- local educational agency that receives a used funds provided under this Act; enue Code of 1986 to provide a credit S1426 CONGRESSIONAL RECORD — SENATE February 14, 2001 against tax for employers who provide of S. Con. Res. 7, a concurrent resolu- Whereas additional research can clarify child care assistance for dependents of tion expressing the sense of Congress the impact of health promotion programs on their employees, and for other pur- that the United States should establish long term health behaviors, health condi- tions, morbidity and mortality, medical care poses. an international education policy to utilization and cost, as well as quality of life S. 143 enhance national security and signifi- and productivity; At the request of Mr. GRAMM, the cantly further United States foreign Whereas the Institute of Medicine of the name of the Senator from Nevada (Mr. policy and global competitiveness. National Academy of Science has concluded ENSIGN) was added as a cosponsor of S. f that additional research is required to deter- 143, a bill to amend the Securities Act mine the most effective strategies to create SENATE CONCURRENT RESOLU- lasting health behavior changes, reduce of 1933 and the Securities Exchange Act TION 11—EXPRESSING THE health care utilization, and enhanced pro- of 1934, to reduce securities fees in ex- SENSE OF CONGRESS TO FULLY ductivity; cess of those required to fund the oper- USE THE POWERS OF THE FED- Whereas the private sector and academia ations of the Securities and Exchange ERAL GOVERNMENT TO EN- cannot sponsor broad public health pro- Commission, to adjust compensation motion, disease prevention, and research HANCE THE SCIENCE BASE RE- programs; provisions for employees of the Com- QUIRED TO MORE FULLY DE- mission, and for other purposes. Whereas the full benefits of health pro- VELOP THE FIELD OF HEALTH motion cannot be realized— S. 149 PROMOTION AND DISEASE PRE- (1) unless strategies are developed to reach At the request of Mr. ENZI, the names VENTION, AND TO EXPLORE HOW all groups including older adults, young chil- of the Senator from Utah (Mr. BEN- STRATEGIES CAN BE DEVEL- dren, and minority groups; NETT) and the Senator from Nevada OPED TO INTEGRATE LIFESTYLE (2) until a more professional consensus on (Mr. REID) were added as a cosponsors IMPROVEMENT PROGRAMS INTO the management of health and clinical pro- of S. 149, a bill to provide authority to tocols is developed; NATIONAL POLICY, OUR HEALTH (3) until protocols are more broadly dis- control exports, and for other purposes. CARE SYSTEM, SCHOOLS, WORK- seminated to scientists and practitioners in S. 237 PLACES, FAMILIES AND COMMU- health care, workplace, school, and other At the request of Mr. HUTCHINSON, NITIES. community settings; and the name of the Senator from Illinois Mrs. FEINSTEIN (for herself, Mr. (4) until the merits of health promotion (Mr. FITZGERALD) was added as a co- programs are disseminated to policy makers; CRAIG, Mr. BINGAMAN, and Mr. CRAPO) Whereas investments in health promotion sponsor of S. 237, a bill to amend the submitted the following concurrent Internal Revenue Code of 1986 to repeal can contribute to reducing health dispari- resolution; which was referred to the ties; and the 1993 income tax increase on Social Committee on Health, Education, Whereas Research America reports that Security benefits. Labor, and Pensions. most American citizens strongly support in- S. 275 S. CON. RES. 11 creased Federal investment in health pro- motion and disease prevention: Now, there- At the request of Mr. KYL, the names Whereas the New England Journal of Medi- of the Senator from Virginia (Mr. fore, be it cine has reported that modifiable lifestyle Resolved by the Senate (the House of Rep- ALLEN) and the Senator from Wyoming factors such as smoking, sedentary lifestyle, resentatives concurring), poor nutrition, unmanaged stress, and obe- (Mr. THOMAS) were added as a cospon- SECTION 1. SHORT TITLE. sors of S. 275, a bill to amend the Inter- sity account for approximately 50 percent of This resolution may be cited as the ‘‘Build- nal Revenue Code of 1986 to repeal the the premature deaths in the United States; ing Health Promotion and Disease Preven- Federal estate and gift taxes and the Whereas the New England Journal of Medi- tion into the National Agenda Resolution of cine has reported that spending on chronic tax on generation-skipping transfers, 2001’’. diseases related to lifestyle and other pre- SEC. 2. SENSE OF CONGRESS. to preserve a step up in basis of certain ventable diseases accounts for an estimated property acquired from a decedent, and It is the sense of Congress that the Federal 70 percent of total health care spending; Government should— for other purposes. Whereas preventing disease and disability (1) increase resources to enhance the S. 277 can extend life and reduce the need for science base required to further develop the health care services; At the request of Mr. KENNEDY, the field of health promotion and disease preven- Whereas the Department of Health and tion; and names of the Senator from West Vir- Human Services has concluded that the ginia (Mr. BYRD) and the Senator from (2) explore strategies to integrate life-style health burden of these behaviors falls in improvement programs into national policy, Indiana (Mr. BAYH) were added as a co- greatest proportion on older adults, young health care, schools, workplaces, families, sponsor of S. 277, a bill to amend the children, racial and ethnic minority groups and communities in order to promote health Fair Labor Standards Act of 1938 to and citizens who have the least resources; and prevent disease. Whereas business leaders of America have provide for an increase in the Federal Mrs. FEINSTEIN. Mr. President, minimum wage. asserted that spending for health care can di- vert private sector resources from invest- today Senator CRAIG and I are intro- S. 307 ments that could produce greater financial ducing the ‘‘Building Health Pro- At the request of Mrs. FEINSTEIN, the returns and higher wages paid to employees; motion and Disease Prevention into name of the Senator from Michigan Whereas the Office of Management and the National Agenda Resolution of (Mr. LEVIN) was added as a cosponsor of Budget reports that the medicaid and medi- 2001.’’ S. 307, a bill to provide grants to State care expenditures continue to grow; This resolution expresses the sense of educational agencies and local edu- Whereas the American Journal of Public Congress that the federal government cational agencies for the provision of Health reports that expenditures for the should do two things: (1) Support sci- medicare program will increase substan- entific research on health promotion classroom-related technology training tially as the population ages and increasing for elementary and secondary school numbers of people are covered by medicare; and (2) explore ways in which the gov- teachers. Whereas the American Journal of Health ernment can develop a national policy S. CON. RES. 3 Promotion reports that a growing research to integrate lifestyle improvement pro- grams into our health care, schools, At the request of Mr. FEINGOLD, the base demonstrates that lifestyle factors can name of the Senator from Georgia (Mr. be modified to improve health, improve the families and communities. quality of life, reduce medical care costs, This resolution is supported by a coa- LELAND) was added as a cosponsor of S. and enhance workplace productivity through lition of 47 organizations, including the Con. Res. 3, a concurrent resolution ex- health promotion programs; Wellness Council of America, the pressing the sense of Congress that a Whereas the Health Care Financing Ad- American Journal of Health Pro- commemorative postage stamp should ministration has determined that less than 5 motion, the American Preventive Med- be issued in honor of the U.S.S. Wis- percent of health care spending is devoted to ical Association, the National Alliance the whole area of public health, and a very consin and all those who served aboard for Hispanic Health, the National Cen- her. small portion of that 5 percent is devoted to health promotion and disease prevention; ter for Health Education, Partnership S. CON. RES. 7 Whereas research in the basic and applied for Prevention, and the Society for At the request of Mr. KERRY, the science of health promotion can yield a bet- Prevention Research. name of the Senator from Vermont ter understanding of health and disease pre- According to the American Journal (Mr. LEAHY) was added as a cosponsor vention; of Health Promotion, health promotion February 14, 2001 CONGRESSIONAL RECORD — SENATE S1427 is ‘‘the science and art of helping peo- risk factors, including type 2 diabetes TER, Mr. DORGAN, Ms. MIKULSKI, Mr. ple change their lifestyle to move to- among young people.’’ DEWINE, Mr. HAGEL, Mr. KERRY, Ms. ward a state of optimal health.’’ Opti- With increased physical education, COLLINS, Mrs. FEINSTEIN, Mr. mal health is defined as ‘‘a balance of our children will be less likely to suffer WELLSTONE, Mr. LEVIN, Mr. BIDEN, Mr. physical, emotional, social, spiritual from obesity, and in turn lower the CLELAND, Mr. FEINGOLD, Mr. ENZI, Ms. and intellectual health.’’ risk type 2 diabetes. LANDRIEU, Mr. ROCKEFELLER, Mr. In this day and age of scientific Increased awareness about disease INOUYE, Mr. TORRICELLI, Mr. GRAHAM, breakthroughs and increased knowl- prevention and health promotion will Mr. REID, Mrs. CLINTON, Mr. DODD, Mr. edge of medical science and health, never totally prevent illness, but it can BREAUX, Mr. KOHL, and Mrs. LINCOLN) American health care tends to empha- reduce the cost of treating preventable submitted the following concurrent size curative treatments, rather than diseases. It can save millions of dol- resolution; which was considered and preventive measures and health pro- lars. agreed to. motion. For instance, sun-block is proven to S. CON. RES. 12 Several compelling statistics make prevent some skin cancers. If every Whereas more than 70,000 individuals await the case for this resolution: person who spent prolonged periods of organ transplants at any given moment; ‘‘Fifty percent of premature deaths time outside, protected themselves Whereas another man, woman, or child is in the United States are related to adequately from the sun’s harmful added to the national organ transplant wait- modifiable lifestyle factors,’’ according rays, many incidents of skin cancer ing list every 20 minutes; Whereas despite the progress in the last 15 to the Journal of the American Medical could be prevented. It is that easy. years, more than 15 people per day die be- Association. Early detection helps to lower costs cause of a shortage of donor organs; People with good health habits sur- of diseases in the long run. If everyone Whereas almost everyone is a potential vive longer, and they can postpone dis- had regular physicals and screenings, organ, tissue, and blood donor; ability by five years and compress it many diseases could be detected early Whereas transplantation has become an into fewer years at the end of life, says and treated long before they advance element of mainstream medicine that pro- the New England Journal of Medicine. to serious, incurable, and terminal longs and enhances life; While the exact amount spent on pre- stages. Whereas for the fourth consecutive year, a coalition of health organizations is joining ventive health is disputed, experts esti- Clearly, we must make health pro- forces for National Donor Day; mate that only two to five percent of motion a national priority. Whereas the first three National Donor the annual $1.5 trillion spent on na- The sad part is, our government in- Days raised a total of nearly 25,000 units of tional health care is on health pro- vests very little to help educate people blood, added over 4,000 potential donors to motion and disease prevention. In an and promote healthier living. the National Marrow Donor Program Reg- April 1999 speech, Dr. David Satcher, As I stated earlier, it is estimated istry, and distributed tens of thousands of the U.S. Surgeon General, stated that that out of the $1.5 trillion spent annu- organ and tissue pledge cards; ‘‘only one percent of that amount goes ally on health care, only two to five Whereas National Donor Day is America’s largest one-day organ, tissue, bone marrow, to population-based prevention.’’ Ac- percent goes to health promotion and and blood donation event; and cording to the Centers for Disease Con- disease prevention. Government public Whereas a number of businesses, founda- trol and Prevention, CDC, the govern- health activities receive 3.2 percent of tions, health organizations, and the Depart- ment spends $1,390 per person per year national health expenditures, accord- ment of Health and Human Services have to treat disease and only $1.21 per per- ing to the Health Care Financing Ad- designated February 10, 2001, as National son per year to prevent disease. This is ministration. The National Institutes Donor Day: Now, therefore, be it simply not enough. of Health (NIH) spent $4.4 billion on Resolved by the Senate (the House of Rep- We must do a better job of supporting resentatives concurring), That Congress— prevention research in Fiscal Year 2000. (1) supports the goals and ideas of National health promotion and disease preven- Surgeon General Dr. David Satcher Donor Day; tion, as well as research to find cures believes that the government should (2) encourages all Americans to learn for diseases and helping those who suf- pursue ‘‘a balanced community health about the importance of organ, tissue, bone fer from all illnesses. By doing so, we system, a system which balances marrow, and blood donation and to discuss will see an increase in the number of health promotion, disease prevention, such donation with their families and Americans who are living longer and early detection and universal access to friends; and healthier lives and this could mean a care.’’ I couldn’t agree more. While it (3) requests that the President issue a decrease in overall national health is imperative that our nation’s re- proclamation calling on the people of the United States to conduct appropriate cere- costs. Simply put, it is much cheaper search in diseases and medicine con- monies, activities, and programs to dem- to prevent a disease than to treat it. tinue, we must increase our attention onstrate support for organ, tissue, bone mar- Diseases that are modifiable, if not to disease prevention. row, and blood donation. checked, can become very expensive in Passing this concurrent resolution Ms. LANDRIEU. Mr. President, I rise treatment and cures. For instance: will make a strong statement that the today to say just a few words about The direct and indirect costs of health of all Americans is a national Senator DURBIN’s measure honoring smoking is $130 billion per year. priority. National Donor Day on February 10, Diabetes costs $98 billion per year. As the generation of baby boomers 2001. I am proud to join Senator DURBIN Physical inactivity costs $24 billion quickly approaches retirement, the as a cosponsor of this measure. per year. education and promotion of health and As Americans, one of the many Cardiovascular diseases cost $327 bil- the lengthening of life-spans becomes things that we can be thankful for is lion per year. even more important. the high quality of medical care. Amer- Cancer costs $107 billion per year. Keeping people healthy should be our ican technology, physicians, and phar- Here is another example. Obesity number one goal. maceutical companies are often leaders costs our nation $70 billion per year. In I urge my colleagues to support this in the development of new and im- a recent report titled ‘‘Promoting important resolution. proved healthcare equipment and tech- Health for Young People through Phys- f niques. But even the most cutting-edge ical Activity and Sports,’’ the CDC technologies, the best doctors and states that it is increasingly important SENATE CONCURRENT RESOLU- nurses, and the finest facilities cannot that children from pre-kindergarten to TION 12—EXPRESSING THE save the life of a person in need of a 12th grade receive physical education SENSE OF CONGRESS REGARD- transplant or transfusion. A grand- every day, as well as after-school ING THE IMPORTANCE OF father with failing kidneys, a child sports programs. According to Dr. Jef- ORGAN, TISSUE, BONE MARROW, with cancer, a mother who was in a car frey Koplan, the director of the CDC, AND BLOOD DONATION, AND accident—any of these individuals ‘‘We are facing a serious public health SUPPORTING NATIONAL DONOR could be saved by a gift of blood or an program . . . we have an epidemic of DAY organ. Without these vital gifts, all of obesity among youth, and we are see- Mr. DURBIN (for himself, Mr. FRIST, which are in great demand, many of ing a troubling rise in cardiovascular Mr. KENNEDY, Mr. SANTORUM, Mr. SPEC- our patients would not survive. S1428 CONGRESSIONAL RECORD — SENATE February 14, 2001 Let me just take a moment to men- Action Party and the Mexican Green Party) (B) provide assistance to the Government tion a few very telling facts. Only five was sworn in as President of the United of Mexico to strengthen the institutions that percent of people who are able to do- Mexican States on December 1, 2000, the first are integral to democracy; nate blood do so on a regular basis. opposition candidate to be elected president (4) develop a common strategy to address in Mexico in seven decades; And, although donated blood can be undocumented and documented immigration Whereas the United States, as Mexico’s between the United States and Mexico stored for up to six weeks, is rarely is neighbor, ally, and partner in the Hemi- through increased cooperation, coordination, for more than ten days, because the de- sphere, has a strong interest in seeing Presi- and economic development programs; mand is so great. And that is just for dent Fox advance prosperity and democracy (5) develop a common strategy for fighting the donation of blood. There are more during his term of office; the illicit drug trade by reducing the demand than 70,000 individuals awaiting organ Whereas President George W. Bush and for illicit drugs through intensification of transplants at any given time, and ten President Vicente Fox have demonstrated anti-drug information and education, im- people die every day because of the their mutual willingness to forge a deeper al- provement of intelligence sharing and the shortage of these organs. Ten people a liance between the United States and Mexico coordination of counterdrug activities, and by making President Bush’s first foreign trip increasing maritime and logistics coopera- day—over the past year, 3,650 of our as President of the United States to Mexico citizens have died, simply because tion to improve the respective capacities of on February 16, 2001; the two countries to disrupt drug shipments there are not enough organs out there Whereas both presidents recognize that a by land, air, and sea; to meet the need. strong, steady Mexican economy can be the (6) encourage bilateral and multilateral en- On a most personal level, there was a foundation to help solve many of the chal- vironmental protection activities with Mex- young child from my state—Caleb lenges shared by the two countries, such as ico, including strengthening the North Godso—who was recently admitted to immigration, environmental quality, orga- American Development Bank (NADbank) so St. Judge Hospital with Leukemia. nized crime, corruption and trafficking in il- as to facilitate expansion of the Bank; Caleb, who is just over a year old now, licit narcotics; (7) obtain the support of the Government Whereas the economic cooperation spear- was only five months old when he was of Mexico to assist the Government of Co- headed by the North American Free Trade lombia in achieving a peaceful political reso- diagnosed. He was given only a ten per- Agreement (NAFTA) has established Mexico cent chance of surviving. But thanks to lution to the conflict in Colombia; and as the second largest trading partner of the (8) review the current illicit drug certifi- chemotherapy, a new kind of treat- United States, with a two-way trade of cation process, and should seek to be open to ment, and a bone marrow transplant $174,000,000,000 each year; consideration of other evaluation mecha- from his father, Caleb is in remission Whereas the North American Development nisms that would promote increased coopera- now, and doing well. He is only one of Bank and its sister institution, the Border tion and effectiveness in combating the il- the thousands of individuals whose Environment Cooperation Commission, were licit drug trade. established to promote environmental infra- lives are saved by transplants every SEC. 2. The Secretary of the Senate shall structure development that meets the needs year, and the many more who require transmit a copy of this concurrent resolu- of border communities; tion to the President. blood transfusions. But there are so Whereas the Overseas Private Investment many more who do not receive the help Corporation, an independent self-sustaining f they need. United States Government agency respon- This is why it is so vital that we sible for facilitating the investment of SENATE CONCURRENT RESOLU- make people aware of the importance United States private sector capital in TION 14—RECOGNIZING THE SO- of donating blood, tissue, marrow, or emerging markets, has recently developed a CIAL PROBLEM OF CHILD ABUSE organs. Today, on this very special small business-financing program to support AND NEGLECT, AND SUPPORTING day, we focus on the impact love can United States investment in Mexico; EFFORTS TO ENHANCE PUBLIC Whereas under the North American Free AWARENESS OF IT have on a person’s life. We shower our Trade Agreement the United States cur- loved ones with gifts and flowers to rently has an annual limit on the number of Mr. CAMPBELL (for himself and Mr. show how much we truly care for them. visas that may be issued to Mexican business KOHL) submitted the following concur- We exchange cards and kind words with executives for entry into the United States rent resolution; which was referred to coworkers, friends, and even strangers. but there is no such limit with respect to the the Committee on Health, Education, But what better way to show our love Canadian business executives; Labor, and Pensions, as follows: Whereas United States-Mexico border ten- for others than through the simple gift S. CON. RES. 14 sions have continued to escalate, with the of a pint of blood, or checking the box Whereas more than 3,000,000 American chil- on our driver’s license to become an number of illegal migrant deaths increasing 400 percent since the mid 1990s; and dren are reported as suspected victims of organ donor? Whereas the Government of Mexico, child abuse and neglect annually; The majority of people are eligible to through the establishment of a special cabi- Whereas more than 500,000 American chil- be donors, and the past three National net commission, has made a renewed com- dren are unable to live safely with their fam- Donor Days have made many people mitment, with increased resources, to com- ilies and are placed in foster homes and in- aware of our great need. I urge my col- bat drug trafficking and corruption: Now, stitutions; leagues to work and help continue to therefore, be it Whereas it is estimated that more than make National Donor Day a success. Resolved by the Senate (the House of Rep- 1,000 children, 78 percent under the age of 5 resentatives concurring), That it is the sense and 38 percent under the age of 1, lose their f of Congress that the President should work lives as a direct result of abuse and neglect SEANTE CONCURRENT RESOLU- with the Government of Mexico to advance every year in America; TION 13—EXPRESSING THE bilateral cooperation and should, among Whereas this tragic social problem results SENSE OF CONGRESS WITH RE- other initiatives, seek to— in human and economic costs due to its rela- (1) encourage economic growth and devel- tionship to crime and delinquency, drug and SPECT TO THE UPCOMING TRIP opment to benefit both the United States alcohol abuse, domestic violence, and wel- OF PRESIDENT GEORGE W. BUSH and Mexico, including developing a common fare dependency; and TO MEXICO TO MEET WITH THE strategy to improve the flow of credit and Whereas Childhelp USA has initiated a NEWLY ELECTED PRESIDENT United States investment opportunities in ‘‘Day of Hope’’ to be observed on the first VICENTE FOX, AND WITH RE- Mexico, as well as increasing funding of en- Wednesday in April, during Child Abuse Pre- SPECT TO FUTURE COOPERA- trepreneurial programs of all sizes, from vention Month, to focus public awareness on TIVE EFFORTS BETWEEN THE micro- to large-scale enterprises; this social ill: Now, therefore, be it UNITED STATES AND MEXICO (2) strengthen cooperation between the Resolved by the Senate (the House of Rep- United States and Mexican military and law resentatives concurring), That— Mr. DEWINE (for himself, Mr. HELMS, enforcement entities for the purpose of ad- (1) it is the sense of the Congress that— Mr. DODD, Mr. MCCAIN, Mr. LOTT, Ms. dressing common threats to the security of (A) all Americans should keep these vic- LANDRIEU, Mr. GRASSLEY, Mr. BREAUX, the two countries, including illegal drug timized children in their thoughts and pray- Mr. L. CHAFEE, Mr. VOINOVICH, and Mr. trafficking, illegal immigration, and money ers; LEAHY) submitted the following con- laundering; (B) all Americans should seek to break this current resolution; which was consid- (3) upon the request of President Fox— cycle of abuse and neglect and to give these (A) provide assistance to Mexico in support children hope for the future; and ered and agreed to. of President Fox’s plan to reform Mexico’s (C) the faith community, nonprofit organi- S. CON. RES. 13 entire judicial system and combat inherent zations, and volunteers across America Whereas Vicente Fox Quesada of the Alli- corruption within Mexico’s law enforcement should recommit themselves and mobilize ance for Change (consisting of the National system; and their resources to assist these children; and February 14, 2001 CONGRESSIONAL RECORD — SENATE S1429 (2) the Congress— SENATE RESOLUTION 20—DESIG- great nations were born: Now, therefore, be (A) supports the goals and ideas of the NATING MARCH 25, 2001, AS it ‘‘Day of Hope’’; and ‘‘GREEK INDEPENDENCE DAY: A Resolved, That the Senate— (1) designates March 25, 2001, as ‘‘Greek (B) commends Childhelp USA for its efforts NATIONAL DAY OF CELEBRA- on behalf of abused and neglected children Independence Day: A National Day of Cele- everywhere. TION OF GREEK AND AMERICAN bration of Greek and American Democracy’’; DEMOCRACY’’ and Mr. CAMPBELL. Mr. President, for Mr. SPECTER (for himself, Mrs. (2) requests that the President issue a far too long, our nation has been al- BOXER, Mr. SANTORUM, Mr. MURKOWSKI, proclamation calling on the people of the United States to observe the day with appro- most silent about the needs of some of Mr. COCHRAN, Mr. JOHNSON, Mrs. MUR- priate ceremonies and activities. its most vulnerable families and chil- RAY, Mr. FITZGERALD, Mr. SCHUMER, Mr. SPECTER. Mr. President, today I dren—those caught in the vicious cycle Mr. HARKIN, Mr. REED, Mr. SARBANES, am pleased to submit a resolution of child abuse. That is why, today, I am Mr. THOMAS, Mr. LUGAR, Mr. along with fifty-one of my colleagues introducing a Senate concurrent reso- LIEBERMAN, Ms. SNOWE, Mr. BIDEN, Mr. to designate March 25, 2001, as ‘‘Greek lution recognizing the first Wednesday BYRD, Mr. SHELBY, Mr. INOUYE, Mr. Independence Day: A Celebration of of April as a National Day of Hope DURBIN, Mr. JEFFORDS, Mr. GREGG, Ms. Greek and American Democracy.’’ dedicated to remembering the victims MIKULSKI, Mr. SMITH of New Hamp- One hundred and eighty years ago, of child abuse and neglect and recog- shire, Mrs. FEINSTEIN, Mr. KENNEDY, the Greeks began the revolution that nizing Childhelp USA for initiating Mr. CLELAND, Mr. KERRY, Mr. DODD, would free them from the Ottoman Em- such a day. I am pleased to be joined in Mr. GRAHAM, Mr. TORRICELLI, Mr. pire and return Greece to its demo- this effort by my friend and colleague INHOFE, Mr. ROCKEFELLER, Mr. WAR- from Wisconsin, Senator KOHL, with cratic heritage. It was, of course, the NER, Mr. LEVIN, Mr. DEWINE, Mr. ancient Greeks who developed the con- whom I have worked for many years on BINGAMAN, Mr. BENNETT, Mr. KOHL, Mr. issues affecting youth at risk. cept of democracy in which the su- STEVENS, Mr. DOMENICI, Mr. THOMPSON, preme power to govern was vested in This resolution expresses the sense of Mr. GRASSLEY, Mr. SMITH of Oregon, the people. Our Founding Fathers drew the Congress that we must break the Mr. SESSIONS, Mr. HAGEL, Mr. ENZI, Mr. heavily upon the political and philo- cycle of child abuse and neglect by mo- BREAUX, Mr. EDWARDS, Mr. CORZINE, sophical experience of ancient Greece bilizing all our resources including the Mrs. HUTCHISON, and Mr. REID) sub- in forming our representative democ- faith community, nonprofit organiza- mitted the following resolution; which racy. Thomas Jefferson proclaimed tions and volunteers. Childhelp USA is was referred to the Committee on the that, ‘‘to the ancient Greeks . . . we one of our oldest national organiza- Judiciary. are all indebted for the light which led tions dedicated to meeting the needs of S. RES. 20 ourselves out of Gothic darkness.’’ It is abused and neglected children. By fo- Whereas the ancient Greeks developed the fitting, then, that we should recognize cusing its efforts on prevention and re- concept of democracy, in which the supreme the anniversary of the beginning of search as well as on treatment, this or- power to govern was vested in the people; their efforts to return to that demo- ganization has provided help to thou- Whereas the Founding Fathers of the cratic tradition. sands of children since it was founded United States drew heavily on the political The democratic form of government experience and philosophy of ancient Greece is only one of the most obvious of the in 1959. Childhelp USA and many other in forming our representative democracy; non-profits or faith-based organiza- Whereas Greek Commander in Chief Petros many benefits we have gained from the tions nationwide are performing a vital Mavromichalis, a founder of the modern Greek people. The ancient Greeks con- service to abused and neglected chil- Greek state, said to the citizens of the tributed a great deal to the modern dren that they would not have other- United States in 1821, ‘‘it is in your land that world, particularly to the United wise, and they are to be commended. liberty has fixed her abode and . . . in imi- States of America, in the areas of art, tating you, we shall imitate our ancestors philosophy, science and law. Today, I know first-hand the importance of and be thought worthy of them if we succeed Greek-Americans continue to enrich having help when it is needed. The Na- in resembling you’’; our culture and make valuable con- tional Day of Hope Resolution calls on Whereas Greece is 1 of only 3 nations in the tributions to American society, busi- world, beyond the former British Empire, each of us to renew our duty and re- ness, and government. sponsibility to the vulnerable children that has been allied with the United States in every major international conflict in the It is my hope that strong support for and families caught in the cycle of this resolution in the Senate will serve child abuse and neglect. twentieth century; Whereas Greece played a major role in the as a clear goodwill gesture to the peo- To further observe the National Day World War II struggle to protect freedom and ple of Greece with whom we have en- of Hope, a cross-country ride has been democracy through such bravery as was joyed such a close bond throughout his- organized by a group of Harley-David- shown in the historic Battle of Crete and in tory. Similar resolutions have been son owners in Northern Arizona. This Greece presenting the Axis land war with its passed by the Senate since 1984 with ‘‘Cycle of Hope’’ will help turn the eyes first major setback, which set off a chain of overwhelming support. Accordingly, I events that significantly affected the out- of our entire nation to the suffering of come of World War II; urge my Senate colleagues to join me the victims of child abuse. As a motor- Whereas former President Clinton, during in supporting this important resolu- cycle enthusiast myself, I look forward his visit to Greece on November 20, 1999, re- tion. to being a part of that effort. ferred to modern-day Greece as ‘‘a beacon of f More than 3 million American chil- democracy, a regional leader for stability, prosperity and freedom’’, and President SENATE RESOLUTION 21—DIRECT- dren are reported as suspected victims George W. Bush, in a letter to the Prime ING THE SERGEANT-AT-ARMS TO of child abuse and neglect each year. Minister of Greece, Constantinos Simitis, in PROVIDE INTERNET ACCESS TO That is 3 million children too many. January 2001, referred to the ‘‘stable founda- CERTAIN CONGRESSIONAL DOCU- And, it is estimated that more than tions and common values’’ that are the basis MENTS, INCLUDING CERTAIN 1,000 children, 78 percent under the age of relations between Greece and the United CONGRESSIONAL RESEARCH of 5 and 38 percent under one year of States; SERVICE PUBLICATIONS, SENATE age, lose their lives as a direct result of Whereas Greece and the United States are LOBBYING AND GIFT REPORT abuse and neglect every year. That is at the forefront of the effort for freedom, de- mocracy, peace, stability, and human rights; FILINGS, AND SENATE AND not acceptable. We must do something Whereas those and other ideals have forged JOINT COMMITTEE DOCUMENTS to change these statistics. a close bond between our 2 nations and their Mr. MCCAIN (for himself, Mr. LEAHY, While I am encouraged by the efforts peoples; Mr. LOTT, and Mr. LIEBERMAN) sub- of many organizations nationwide, Whereas March 25, 2001, marks the 180th mitted the following resolution; which more needs to be done. That is why I anniversary of the beginning of the revolu- was referred to the Committee on tion that freed the Greek people from the urge my colleagues to act quickly on Ottoman Empire; and Rules and Administration. this resolution so we can move one step Whereas it is proper and desirable to cele- S. RES. 21 closer to erasing the horror of child brate with the Greek people and to reaffirm Whereas it is the sense of the Senate abuse from our nation’s history. the democratic principles from which our 2 that— S1430 CONGRESSIONAL RECORD — SENATE February 14, 2001 (1) it is often burdensome, difficult, and section (a) may infringe the copyright of a resolution, other than this section, with par- time-consuming for citizens to obtain access work protected under title 17, United States ticular attention to the cost of establishing to public records of the United States Con- Code; and and maintaining the database and submit a gress; (C) make any changes in the information report within 6 months thereafter. The Ser- (2) congressional documents that are required to be made available under sub- geant-at-Arms shall ask the Comptroller placed in the Congressional Record are made section (a) that the Director determines nec- General to include in the report rec- available to the public electronically by the essary to ensure that the information is ac- ommendations on how to make operations Superintendent of Documents under the di- curate and current. under this resolution more cost-effective, rection of the Public Printer; (c) MANNER.—The Sergeant-at-Arms of the and such other recommendations for admin- (3) other congressional documents are also Senate, in consultation with the Director of istrative changes or changes in law, as the made available electronically on websites the Congressional Research Service, shall Comptroller General may determine to be maintained by Members of Congress and make information required to be made avail- appropriate. Committees of the Senate and the House of able under this section in a manner that— (b) DELIVERY.—The Sergeant-at-Arms shall Representatives; (1) is practical and reasonable; and transmit a copy of the Comptroller General’s (4) a wide range of public records of the (2) does not permit the submission of com- report under subsection (a) to: Congress remain inaccessible to the public; ments from the public. (1) The Senate Committee on Rules and (5) the public should have easy and timely SEC. 3. PUBLIC RECORDS OF THE CONGRESS. Administration. access, including electronic access, to public (a) SENATE.—The Secretary of the Senate, (2) The Senate Committee on Commerce, records of the Congress; through the Office of Public Records and in Science, and Transportation. (6) the Congress should use new tech- accordance with such standards as the Sec- (3) The Senate Committee on the Judici- nologies to enhance public access to public retary may prescribe, shall make available ary. records of the Congress; and on the Internet for purposes of access and re- (4) The Joint Committee of the Congress (7) an informed electorate is the most pre- trieval by the public: on the Library of Congress. cious asset of any democracy; and (1) LOBBYIST DISCLOSURE REPORTS.—Lob- Mr. MCCAIN. Mr. President, I would Whereas it is the sense of the Senate that byist disclosure reports required by the Lob- like to introduce a resolution to make it will foster democracy— bying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) within 90 days (Saturdays, Sundays, selected Congressional Research Serv- (1) to ensure public access to public records ice products, lobbyist disclosure re- of the Congress; and holidays excepted) after they are re- (2) to improve public access to public ceived. ports, and Senate gift disclosure forms records of the Congress; and (2) GIFT RULE DISCLOSURE REPORTS.—Senate available over the Internet for the (3) to enhance the electronic public access, gift rule disclosure reports required under American people. This bipartisan legis- including access via the Internet, to public paragraph 2 and paragraph 4(b) of rule XXXV lation is sponsored by Senators LEAHY, records of the Congress: Now, therefore, be it of the Standing Rules of the Senate within 5 LOTT and LIEBERMAN. Resolved, That the Sergeant-at-Arms of the days (Saturdays, Sundays, and holidays ex- The Congressional Research Service Senate shall make information available to cepted) after they are received. (CRS) is well known for producing (b) DIRECTORY.—The Superintendent of the public in accordance with the provisions high-quality reports and issue briefs of this resolution. Documents, under the Direction of the Pub- that are concise, factual, and unbi- SEC. 2. AVAILABILITY OF CERTAIN CRS INFORMA- lic Printer in the Government Printing Of- TION. fice, shall include information about the doc- ased—a rarity in Washington. Many of (a) AVAILABILITY OF INFORMATION.— uments made available on the Internet under us have used these products to make (1) IN GENERAL.—The Sergeant-at-Arms of this section in the electronic directory of decisions on a wide variety of legisla- the Senate, in consultation with the Direc- Federal electronic information required by tive proposals considering issues as di- tor of the Congressional Research Service, section 4101(a)(1) of title 44, United States verse as Amtrak reform, the future of Code. shall make available through a centralized the Internet, health care reform, and electronic database, for purposes of access SEC. 4. METHOD OF ACCESS. (a) IN GENERAL.—The information required tax policy. Also, we routinely send and retrieval by the public under section 4 of these products to our constituents in this resolution, all information described in to be made available to the public on the paragraph (2) that is available through the Internet under this resolution shall be made order to help them understand the im- Congressional Research Service website. available as follows: portant issues of our time. (2) INFORMATION TO BE MADE AVAILABLE.— (1) CRS INFORMATION.—Public access to in- My colleagues and I believe that it is The information to be made available under formation made available under section 2 important that the public should have paragraph (1) is: shall be provided through the websites main- access to this CRS information. The (A) Congressional Research Service Issue tained by Members and Committees of the American public will pay $73.4 million Senate. Briefs. to fund CRS’ operations for the fiscal (2) PUBLIC RECORDS.—Public access to in- (B) Congressional Research Service Re- year 2001. The material covered in this ports that are available to Members of Con- formation made available under section 3 by gress through the Congressional Research the Secretary of the Senate’s Office of Public resolution is not confidential or classi- Service website. Records shall be provided through the United fied, and the public should be able to (C) Congressional Research Service Au- States Senate website. see that their money is well spent. thorization of Appropriations Products and (b) EDITORIAL RESPONSIBILITY FOR CRS RE- The Senate will serve two crucial Appropriations Products. PORTS ONLINE.—The Sergeant-at-Arms of the functions by allowing the public to ac- (b) LIMITATIONS.— Senate is responsible for maintaining and cess this information over the Internet. (1) CONFIDENTIAL INFORMATION.—Sub- updating the information made available on the Internet under section 2. First, it will help to fight a growing section (a) does not apply to— public cynicism about our government. (A) any information that is confidential, as SEC. 5. CONGRESSIONAL COMMITTEE MATE- determined by— RIALS. According to a January 10–14, 2001, Gal- (i) the Director; or It is the sense of the Senate that each lup poll, the American public listed (ii) the head of a Federal department or standing and special Committee of the Sen- dissatisfaction with the Congress, gov- agency that provided the information to the ate and each Joint Committee of the Con- ernment leadership, and the govern- Congressional Research Service; or gress, in accordance with such rules as the ment in general as one of the ‘‘most (B) any documents that are the product of committee may adopt, should provide access important problems facing the country an individual, office, or committee research via the Internet to publicly-available com- mittee information, documents, and pro- today.’’ By making these unbiased doc- request (other than a document described in uments available online, the Senate subsection (a)(2)). ceedings, including bills, reports, and tran- (2) REDACTION AND REVISION.—In carrying scripts of committee meetings that are open will allow the public to see the factors out this section, the Sergeant-at-Arms of the to the public. that influence our decisions and votes. Senate, in consultation with the Director of SEC. 6. IMPLEMENTATION. These documents will provide the pub- the Congressional Research Service, may— The Sergeant-at-Arms of the Senate shall lic a more accurate view of the Con- (A) remove from the information required establish the database described in section gressional decision-making, and dispel to be made available under subsection (a) the 2(a) within 6 months after the date of adop- some of the notions about Congress name and phone number of, and any other tion of this resolution. that create this cynicism. information regarding, an employee of the SEC. 7. GAO STUDY. In addition, the Senate will serve the Congressional Research Service; (a) IN GENERAL.—Beginning 1 year after (B) remove from the information required the date on which the database described in important function of informing their to be made available under subsection (a) section 2(a) is established, the Sergeant-at- constituents by making these CRS any material for which the Director deter- Arms shall request the Comptroller General products available online. Members of mines that making it available under sub- to examine the cost of implementing this the public will be able to read these February 14, 2001 CONGRESSIONAL RECORD — SENATE S1431 CRS products and receive a concise, ac- Congresses. Our understanding is that There is one sense in which your revised curate summary of issues that concern the House system of distribution has resolution may actually strengthen the pro- them. As their elected representatives, been achieved at a relatively low cost. tections of the Clause for CRS products. By we should strive to promote a better This resolution will eliminate the cost lodging responsibility in the Sergeant-at- Arms for providing access, you have retained informed and educated public. Edu- burden to CRS by shifting the oper- in a legislative officer, as opposed to the cated voters are best able to make de- ation and maintenance of the database CRS, the power to make determinations con- cisions and petition their legislators on over to the Senate Sergeant-at-Arms. cerning accessibility. The Sergeant-at-Arms, how to accurately represent them. In addition, the Senate Sergeant-at- is a ‘‘[r]anking nonmember’’ of the Senate I would like to point out that these Arms is directed to ask the General Ac- and one of the statutory ‘‘officers of the Con- products are already available on the counting Office to evaluate the pro- gress,’’ Buckley v. Valeo, 424 U.S. 1, 128 (1975) Internet. ‘‘Black market’’ private ven- gram after one year to examine how to and 2 U.S.C. § 60–1(b) and there can be, there- dors are charging up to $49 for a single make the operations more cost-effec- fore, no doubt about the Senate’s intent to report. Other web sites have outdated repose in one of its officers the power to con- tive. trol its privileges. CRS products on them. It is not fair for The resolution also requires the Sen- In doing so, you have, as a practical mat- the American people to have to pay a ate Office of Public Records to place ter as well, given the Senate more direct third party for out-of-date products for lobbyist disclosure forms and Senate control over access to CRS matters. See which they have already footed the gift disclosure forms on the Internet. United States v. Hoffa, 205 F. Supp. 710, 723 bill. We have already voted to make this in- (S.D. Fla. 1962) (cert. denied sub nom Hoffa v. This resolution is different from leg- formation available to the public. Un- Lieb, 371 U.S. 892 (invocation of legislative islation that I authored last Congress. fortunately, the public can only get ac- privilege by the United States Senate con- The House of Representatives has cess to this information through an of- clusive upon judicial branch). Given that any putative litigant seeking to obtain privi- started a pilot program to make CRS fice in the Hart building. These provi- products electronically available to the leged CRS documents would have to actually sions will allow our constituents serve process upon the Seregeant-at-Arms to public. This resolution is drafted to set throughout the country to access this obtain documents under the revised resolu- up a system identical to the House pro- information. It is important to recog- tion, it is even less likely under the revised gram. The Senate Sergeant-at-Arms nize the Senate Office of Public resolution that a party could obtain disclo- will establish and maintain the data- Records for setting up a system of on- sure of such documents. base of CRS documents through the line lobbying registration. The Senate Sincerely, Senate Computer Center. The public can aid this office in its STANLEY M. BRAND. will only be able to access these docu- groundbreaking work by enacting this ments through Senators or Senate resolution. AOL TIME WARNER, Washington, DC, February 5, 2001. Committee’s web pages. This system This legislation has been endorsed by will allow Senators and Committee Hon. JOHN MCCAIN, many groups including AOL Time War- Chairman, Committee on Commerce, Science and Chairmen to be able to choose which ner, the Congressional Accountability Transportation, U.S. Senate, Washington, documents are made available to the Project, Intel, the Center for Democ- DC. public through their web page. racy and Technology, the American Li- Hon. PATRICK J. LEAHY, This change will ensure that only the brary Association, Real Networks, Inc. Ranking Minority Member, Committee on the Senate is directly involved in making and the National Federation of Press Judiciary, U.S. Senate, Washington, DC. CRS products available to the public. Women. Mr. President, I ask unani- DEAR CHAIRMAN MCCAIN AND SENATOR This change to the bill will ensure that mous consent that these letters of sup- LEAHY: On behalf of AOL Time Warner, we write to express our support for your Senate the CRS’ mission is not altered in any port be printed in the RECORD. Resolution directing the Sergeant-at-Arms way, and that it cannot be open to li- The PRESIDING OFFICER. Without ability suits. I ask unanimous consent to provide Internet access to certain Con- objective it is so ordered. gressional documents, including certain Con- to include a letter from Mr. Stanley M. (See Exhibit 1.) gressional Research Service publications, Brand, a former General Counsel to the Mr. MCCAIN. In conclusion, we would Senate lobbying and gift report filings, and House of Representatives, who states like to urge our colleagues to join us in Senate and Joint Committee documents. that ‘‘nothing in the resolution will supporting this legislation. The Inter- The Internet is one of our society’s most alter or modify applicability of the net offers us a unique opportunity to powerful tools for education and communica- Speech or Debate Clause protections to allow the American people to have ev- tion, and its tremendous growth continues. CRS products.’’ In addition, Senators eryday access to important informa- We, like you, believe that this medium offers will be able to inform their constitu- tion about their government. We are an unprecedented opportunity to connect in- ents about how we are helping them dividuals to the political process—by helping sure you agree that a well-informed people become more informed citizens, by here in Washington. electorate can best govern our great This resolution also includes other helping our government be more responsive country. to them, and by engaging more people in safeguards to ensure that CRS is pro- EXHIBIT 1 public policy discussions and debate. tected from public interference. Con- Your resolution recognizes that the ability fidential information and reports done BRAND & FRULLA, Washington, DC, February 6, 2001. of citizens to access public records and to ob- for confidential research requests will Hon. JOHN MCCAIN, tain research materials on public policy not be made available to the public. Chairman, U.S. Senate Committee on Commerce, issues is crucial to a robust and successful The Senate Sergeant-at-Arms may re- Science and Transportation, Washington, democratic system, and that the Internet move the names of CRS employees DC. can serve as a powerful resource for informa- from these products to prevent the DEAR SENATOR MCCAIN: I am writing to ad- tion about our government and our political public from distracting CRS employ- dress the provisions of a draft Senate Resolu- process. We believe that your legislation will tion which I understand you intend to intro- help to further democracy by ensuring online ees. In addition, the Senate Sergeant- access to Congressional documents and at-Arms may remove copyrighted in- duce directing the Senate Sergeant-at-Arms to provide Internet access to certain public records. formation from the publicly-available congressional and Congressional Research We appreciate your leadership on this im- reports. In the past, we have been in- Service documents. This resolution is sub- portant issue and your continued leadership formed that CRS may not have permis- stantially the same as a bill you introduced on technology-related matters. We look for- sion to release copyrighted informa- in 1998 to make certain of the same docu- ward to working with you closely in the tion over the Internet. Currently, re- ments available on the Internet. 107th Congress. ports with copyrighted information By letter dated January 27, 1998, I com- Sincerely, may be posted over the House system. mented extensively on the impact of this JILL LESSER, However, the Senate Sergeant-at-Arms substantially identical legislation upon ap- Senior Vice President, plicability of the Speech or Debate Clause, Domestic Public Pol- may remove this information if it is U.S. Const., art. I § 6, cl. 1, to CRS products. icy. necessary in the future. I concluded then, and reaffirm that noth- ELIZABETH FRAZEE, Finally, we are aware that cost con- ing in the resolution will alter or modify ap- Vice President, Domes- cerns have been raised about versions plicability of the Speech or Debate Clause tic Policy & Congres- of this legislation introduced in earlier protections to CRS products. sional Relations. S1432 CONGRESSIONAL RECORD — SENATE February 14, 2001

THE NATIONAL FEDERATION pleased that you have once again taken the rity Archive, National Taxpayers OF PRESS WOMEN, INC., initiative on this matter. Union, OMB Watch, Progressive Asset Arlington, VA, February 2, 2001. We believe that convenient electronic ac- Management Inc., Project on Govern- Hon. JOHN MCCAIN, cess to public documents upon which the ment Oversight, Public Citizen, Chairman, Senate Committee on Commerce, Congress relies in performing its legislative RealNetworks, Inc., Reform Party of Science and Transportation, Washington, and oversight functions serves to strengthen the USA, Regional Reporters Associa- DC. accountability of government to the people tion, Reporters Committee for Free- DEAR SENATOR MCCAIN: The National Fed- as well as the public’s faith in the legislative dom of the Press, Society of Profes- eration of Press Women would like to ex- process. We hope to see early action on your sional Journalists, Taxpayers for Com- press its support for legislation to establish resolution in this session of the 107th Con- mon Sense, U.S. Public Interest Re- a centralized, public database for Congres- gress. search Group (USPIRG). sional Research Service reports. Sincerely, NFPW, which represents more than 2,000 DOUGLAS B. COMER, AMERICAN LIBRARY ASSOCIATION, journalists, educators and professional com- Director, Legal Affairs. Washington, DC, February 6, 2001. municators in the United States, last year Senator JOHN MCCAIN, supported S. 393, introduced by Sen. Patrick CONGRESSIONAL ACCOUNTABILITY Russell Senate Office Building, Leahy and yourself. Our members have sent PROJECT, Washington, DC. notes of interest and concern to many sen- Washington, DC, February 6, 2001. DEAR SENATOR MCCAIN: We support your ators to explain why this effort is important. Senator JOHN MCCAIN, proposal to make reports from the Congres- CRS reports are an invaluable resource to U.S. Senate, sional Research Service (CRS) publicly avail- journalists. They provide the nation’s best Washington, DC. able. We want to endorse your efforts to as- backgrounders on legislation. They help Senator PATRICK LEAHY, sure public access to a broad range of gov- journalists to illuminate that wonderful U.S. Senate, ernment information. The CRS reports are sense of ‘‘history on the run,’’ as former Washington, DC. well researched and balanced products ad- Washington Post publisher Philip Graham DEAR SENATORS MCCAIN AND LEAHY: We dressing a wide variety of current issues. once described the products of our craft. heartily endorse your Congressional Open- We believe that these unique and valued But a CRS report’s value to the public ness Resolution, which would require the resources should be available to scholars and through the news media today is only as U.S. Senate to put key congressional docu- researchers as well as the general public good as the luck of the reporter. Since the ments on the Internet, including Congres- through the Federal Depository Library Pro- reports are not easily found, nor reliably sional Research Service (CRS) Reports and gram (FDLP). The FDLP already provides a catalogued in any public forum, a journalist Issue Briefs, CRS Authorization and Appro- network of libraries throughout the country often stumbles upon them in the course of priations products, lobbyist disclosure re- that serve the public by providing access to other research, or learns of them only when ports and Senate gift disclosure reports. Federal government information. Utilizing a source reveals their existence. While the Your resolution is a cheap and simple way to the FDLP as well as Internet resources pro- Members of Congress are forthcoming with improve our democracy. vides great public benefit through access to assistance with these reports when asked, Citizens need access to these congressional the CRS reports. often the rush of deadlines outstrips the documents to discharge their civic duties. ALA has long standing policies about these mail—and even the fax machine. A report CRS reports are some of the best research issues of broad access to government infor- undiscovered, or discovered too late for the conducted by the federal government. Your mation. We have attached a resolution sup- story, offers nothing to the reader or viewer. resolution would put about 2700–2800 of these porting your earlier efforts pressing for ac- As publisher emeritus of a small daily useful reports on the Internet. Placing lob- cess to this publicly supported research. We will also encourage our members to support newspaper in Kansas, I can assure you that byist disclosure reports on the Internet your proposal. this legislation would serve the interests of would help citizens to track patterns of in- the public by providing our local reporters As you know, the American Library Asso- fluence in Congress, and to discover who is with the same access that well-funded Wash- ciation is a nonprofit educational organiza- paying whom how much to lobby on what ington news bureaus have. And that will go tion of over 60,000 librarians, library edu- issues. cators, information specialists, library trust- a long way toward enhancing the credibility Taxpayers will be cheered that you have of the legislative process. Polls do tend to ees, and friends of libraries representing pub- included a Sense of the Senate resolution lic, school, academic, state, and specialized show that local press are better trusted by that Senate and Joint Committees should the citizenry than the national media. We libraries. ALA is dedicated to the improve- ‘‘provide access via the Internet to publicly- ment of library and information services, to bring the national news home. Your legisla- available committee information, documents tion can help us to do that. the public’s right to a free and open informa- and proceedings, including bills, reports and New technologies now offer an ideal avenue tion society—intellectual participation—and transcripts of committee meetings that are for improved access. Not only journalists, to the idea of intellectual freedom. but authors, historians, researchers, teach- open to the public.’’ We taxpayers pay dearly ALA’s previous resolution encouraged the ers and students will find a mother lode of to produce these documents; we ought to be appropriate Congressional committees to useful information when CRS reports become able to read them, for free, on the Internet. ‘‘take immediate action to assure that the In 1822, James Madison explained why citi- electronically accessible. If the reports can publicly released Congressional Research zens must have government information: ‘‘A be accessed through the websites of the Service reports and information products are popular Government, without popular infor- Members, they likely will drive traffic to distributed in a timely manner to the gen- mation, or the means of acquiring it, is but those sites, and that will further enhance the eral public through Federal Depository li- a Prologue to a Farce or a Tragedy; or per- value of the Members’ websites to the public. braries and on the Internet.’’ NFPW urges you to continue to push for- haps both. Knowledge will forever govern ig- Attached is a copy of the complete resolu- ward with legislation to bring CRS reports norance: And a people who mean to be their tion. We thank you for your efforts on this to the Internet and to allow the public and own Governors, must arm themselves with issue and look forward to working with you press to share in the full value of this pub- the power which knowledge gives.’’ and your staff as this proposal moves for- licly-supported information service. The Congressional Openess Resolution hon- ward. Sincerely, ors the spirit of Madison’s words. Thank you Sincerely, for your efforts to place congressional docu- VIVIEN SADOWSKI. LYNNE BRADLEY, ments available on the Internet. Director, ALA Office of INTEL GOVERNMENT AFFAIRS, Sincerely, Government Relations. Washington, DC, February 6, 2001. Alliance for Democracy, American Asso- Hon. JOHN MCCAIN, ciation of Law Libraries, American AMERICAN LIBRARY ASSOCIATION, Chairman, Senate Committee on Commerce, Conservative Union, American Federa- Washington, DC, Jan. 14, 1998. Science, & Transportation, Washington, tion of Government Employees, Amer- RESOLUTION ON CONGRESSIONAL RESEARCH DC. ican Society of Newspaper Editors, SERVICE PUBLICATIONS DEAR CHAIRMAN MCCAIN: I write to affirm Better Government Association, Center Whereas, equitable and timely access to in- the support of Intel Corporation for your for Democracy and Technology, Center formation created by the government is an proposed Senate resolution regarding the for Media Education, Center for Re- important tenet of a free and democratic so- maintenance of an electronic database sponsive Politics, Common Cause, ciety; and through which the public would be able to Computer Professional for Social Re- Whereas, Title 44 of the U.S. Code man- access CRS reports to Congress, issue brief, sponsibility, Congressional Account- dates provision of publications to Federal and other products over the Internet. I note ability Project, Consumer Federation Depository Libraries; and that your current initiative follows up on of America, Electronic Frontier Foun- Whereas, the 104th and 105th Congresses legislation that you introduced last Congress dation, Electronic Privacy Information have a made a concerted effort to increase (S. 393) that would have mandated such ac- Center, Federation of American Sci- public access to Congressional information tion. entists, Friends of the Earth, Govern- through the Internet; and We have supported your efforts to achieve ment Accountability Project, National Whereas, the Congressional Research Serv- such public access in the past, and we are Newspaper Association, National Secu- ice (CRS) produces reports and information February 14, 2001 CONGRESSIONAL RECORD — SENATE S1433 products at the request of Members of Con- In addition, the bipartisan resolution SENATE RESOLUTION 22—URGING gress; and would provide public online access to THE APPROPRIATE REPRESENT- Whereas, CRS reports are well researched lobbyist reports and gift disclosure ATIVE OF THE UNITED STATES and balanced products addressing a wide va- riety of current issues; and forms. At present, these public records TO THE UNITED NATIONS COM- Whereas, the CRS produces and Congress are available in the Senate Office of MISSION ON HUMAN RIGHTS TO releases reports that are not made available Public Records in Room 232 of the Hart INTRODUCE AT THE ANNUAL to the Government Printing Office for dis- Building. As a practical matter, these MEETING OF THE COMMISSION A tribution to Federal Depository Libraries public records are accessible only to RESOLUTION CALLING UPON THE nor made available to the public on the those inside the Beltway. PEOPLE’S REPUBLIC OF CHINA Internet; and Whereas, many of these reports are re- I applaud the Office of Public TO END ITS HUMAN RIGHTS VIO- leased to various individuals or groups by Records for recently making techno- LATIONS IN CHINA AND TIBET, Members of Congress but not made available logical history in the Senate by pro- AND FOR OTHER PURPOSES. to the public; now, therefore, be it viding for lobbying registrations Mr. HUTCHINSON (for himself, Mr. Resolved, That the American Library Asso- ciation urge that the Joint Committee on through the Internet. The next step is WELLSTONE, Mr. HELMS, Mr. the Library, the Senate Rules and Adminis- to provide the completed lobbyist dis- TORRICELLI, Ms. COLLINS, Mr. DAYTON, tration Committee, and the House Oversight closure reports on the Internet for all Mr. SMITH of New Hampshire, Mr. KYL, Committee take immediate action to assure Americans to see. Mr. SPECTER, Mr. FEINGOLD, Mr. HAR- that publicly released Congressional Re- The Internet offers us a unique op- KIN, and Mr. SANTORUM) submitted the search Service reports and information prod- portunity to allow the American people following resolution; which was re- ucts are distributed in a timely manner to ferred to the Committee on Foreign the general public through Federal Deposi- to have everyday access to this public tory Libraries and on the Internet. information. Our bipartisan legislation Relations. Adopted by the Council of the American would harness the power of the Infor- S. RES. 22 Library Association, New Orleans, LA, mation Age to allow average citizens Whereas the annual meeting of the United January 14, 1998. to see these public records of the Sen- Nations Commission on Human Rights in Ge- Mr. LEAHY. Mr. President, I am ate in their official form, in context neva, Switzerland, provides a forum for dis- pleased to join today with Senator and without editorial comment. All cussing human rights and expressing inter- national support for improved human rights MCCAIN to introduce a Senate resolu- Americans should have timely access performance; tion to provide Internet Access to im- to the information that we already Whereas, according to the Department of portant Congressional documents. have voted to give them. State and international human rights orga- Our bipartisan resolution makes cer- And all of these reports are indeed nizations, the Government of the People’s tain Congressional Research Service ‘‘public’’ for those who can afford to Republic of China continues to commit wide- products, lobbyist disclosure reports hire a lawyer or lobbyist or who can af- spread and well-documented human rights abuses in China and Tibet; and Senate gift disclosure reports ford to travel to Washington to come available over the Internet to the Whereas the People’s Republic of China has to the Office of Public Records in the yet to demonstrate its willingness to abide American people. Hart Building and read them. That is The Congressional Research Service, by internationally accepted norms of free- not very public. That does not do very CRS, has a well-known reputation for dom of belief, expression, and association by much for the average voter in Vermont repealing or amending laws and decrees that producing high-quality reports and in- or the rest of this country outside of restrict those freedoms; formation briefs that are unbiased, easy reach of Washington. That does Whereas the Government of the People’s concise, and accurate. The taxpayers of not meet the spirit in which we voted Republic of China continues to ban and crim- this country, who pay $67 million a inalize groups it labels as cults or heretical to make these materials public, when year to fund the CRS, deserve speedy organizations; access to these public resources and we voted ‘‘disclosure’’ laws. Whereas the Government of the People’s have a right to see that their money is We can do better, and this resolution Republic of China has repressed unregistered being spent well. does better. Any citizen in any corner religious congregations and spiritual move- The goal of our legislation is to allow of this country with access to a com- ments, including Falun Gong, and persists in every citizen the same access to the puter at home or the office or at the persecuting persons on the basis of unau- thorized religious activities using such wealth of CRS information as a Mem- public library will be able to get on the measures as harassment, prolonged deten- ber of Congress enjoys today. CRS per- Internet and get these important Con- tion, physical abuse, incarceration, and clo- forms invaluable research and produces gressional documents under our resolu- sure or destruction of places of worship; first-rate reports on hundreds of topics. tion. It allows individual citizens to Whereas authorities in the People’s Repub- American taxpayers have every right check the facts, to make comparisons, lic of China have continued their efforts to to direct access to these wonderful re- and to make up their own minds. extinguish expressions of protest or criti- sources. cism, have detained scores of citizens associ- I commend the Senior Senator from ated with attempts to organize a peaceful op- Online CRS reports will serve an im- Arizona for his leadership on opening portant role in informing the public. position, to expose corruption, to preserve public access to Congressional docu- their ethnic minority identity, or to use the Members of the public will be able to ments. I share his desire for the Amer- Internet for the free exchange of ideas, and read these CRS products and receive a ican people to have electronic access to have sentenced many citizens so detained to concise, accurate summary of the many more Congressional resources. I harsh prison terms; issues before the Congress. As elected look forward to working with him in Whereas Chinese authorities continue to representatives, we should do what we the days to let the information age exert control over religious and cultural in- can to promote an informed, educated stitutions in Tibet, abusing human rights open up the halls of Congress to all our through instances of torture, arbitrary ar- public. The educated voter is best able citizens. to make decisions and petition us to do rest, and detention of Tibetans without pub- the right things here in Congress. As Thomas Jefferson wrote, ‘‘Infor- lic trial for peacefully expressing their polit- Our legislation follows the model on- mation is the currency of democracy.’’ ical or religious views; Whereas bilateral human rights dialogues line CRS program in the House of Rep- Our democracy is stronger if all citi- zens have equal access to at least that between several nations and the People’s Re- resentatives and ensures that private public of China have yet to produce substan- CRS products will remain protected by type of currency, and that is something tial adherence to international norms; and giving the CRS Director the authority which Members on both sides of the Whereas the People’s Republic of China has to hold back any products that are aisle can celebrate and join in. signed the International Covenant on Civil deemed confidential. Moreover, the Di- This bipartisan resolution is an im- and Political Rights, but has yet to take the rector may protect the identity of CRS portant step in informing and empow- steps necessary to make the treaty legally researchers and any copyrighted mate- ering American citizens. I urge my col- binding: Now, therefore, be it Resolved, That it is the sense of the Senate rial. We can do both—protect confiden- leagues to join us in supporting this that— tial material and empower our citizens legislation to make available useful (1) at the 57th Session of the United Na- through electronic access to invaluable Congressional information to the tions Human Rights Commission in Geneva, CRS products. American people. Switzerland, the appropriate representative S1434 CONGRESSIONAL RECORD — SENATE February 14, 2001 of the United States should solicit cospon- cause he posted information about top- S. RES. 23 sorship for a resolution calling upon the ics like the democracy movement and Whereas Dr. Benjamin Elijah Mays, Government of the People’s Republic of the Tiannanmen Square Massacre. He throughout his distinguished career of more China to end its human rights abuses in could face ten years in prison. This at- than half a century as an educator, civil and China and Tibet, in compliance with its human rights leader, and public theologian, international obligations; and tempt to control Internet usage should be of great concern to the inter- has inspired people of all races throughout (2) the United States Government should the world by his persistent commitment to take the lead in organizing multilateral sup- national community, especially those excellence; port to obtain passage by the Commission of who have touted the Internet as a revo- Whereas Benjamin Mays persevered, de- such resolution. lutionizing force in China. spite the frustrations inherent in segrega- Mr. HUTCHINSON. Mr. President, I Mr. President, all of these human tion, to begin an illustrious career in edu- rise today to introduce a resolution, rights abuses point to a much needed cation; along with my colleague Senator response—a resolution at the U.N. Whereas as dean of the School of Religion WELLSTONE, calling on the Administra- Human Rights Commission. There is no of Howard University and later as President tion to introduce a resolution at the more appropriate place for high- of Morehouse College in Atlanta, Georgia, for 27 years, Benjamin Mays overcame seem- upcoming meeting of the United Na- lighting these abuses in a multilateral ingly insurmountable obstacles to offer qual- tions (U.N.) Human Rights Commission setting, because this multilateral ity education to all Americans, especially highlighting China’s human rights forum was established just for this pur- African Americans; abuses. This Senate resolution makes a pose. If we do not use this forum for Whereas at the commencement of World simple statement. The U.S.should lead bringing up obvious abuses, then we War II, when most colleges suffered from a the effort in Geneva to speak for free- undercut its very viability. The U.S. lack of available students and the demise of dom in China, both by introducing a has traditionally led the effort on Chi- Morehouse College appeared imminent, Ben- resolution and by garnering the sup- na’s human rights abuses. This year jamin Mays prevented the college from per- manently closing its doors by vigorously re- port of key cosponsors. should be no different. China is already Mr. President, in a report issued just cruiting potential students and thereby aid- intensely lobbying other countries to ing in the development of future generations two days ago, Amnesty International defeat any such resolution. We must of African American leaders; documented the extensive use of tor- begin as soon as possible to obtain sup- Whereas Benjamin Mays was instrumental ture in China. According to the report, port for a resolution. in the elimination of segregated public fa- ‘‘Torture is widespread and systemic, I understand that the Administration cilities in Atlanta, Georgia, and promoted committed in the full range of state in- is in the process of deciding whether to the cause of nonviolence through peaceful stitutions, from police stations to ‘re- advance a resolution at Geneva. I hope student protests during a time in this Nation that was often marred by racial violence; education through labour’ camps, as that they will look to the Congress and well as in people’s homes, workplaces, Whereas Benjamin Mays received numer- understand that there is broad support ous accolades throughout his career, includ- and in public . . . Victims can be any- for a Geneva resolution. This Adminis- ing 56 honorary degrees from universities one from criminal suspects, political tration has the opportunity to set a across the United States and abroad and the dissidents, workers and innocent by- tone for its approach to China and all naming of 7 schools and academic buildings standers to officials.’’ The common oc- of Asia. If the mistake of the Clinton and a street in his honor; and currence of torture points to a wider Administration was bowing to China’s Whereas the Presidential Medal of Free- trend—China’s human rights record is demands and centering its efforts in dom, the highest civilian honor in the Na- tion, was established in 1945 to appropriately appalling. The Chinese government Asia around China, then the Bush Ad- continues to repress any voice it per- recognize Americans who have made an espe- ministration has the chance to stand cially meritorious contribution to the secu- ceives to be a threat to its power—reli- firm, to be skeptical of the Chinese rity or national interests of the United gious groups, democracy activists, peo- government’s offers and promises. I States, world peace, or cultural or other sig- ple trying to expose corruption, people urge the Administration not to look at nificant public or private endeavors: Now, trying to use the Internet for the free China’s offer of ratifying the Inter- therefore, be it exchange of ideas—anyone who will not national Covenant on Economic, So- Resolved, That it is the sense of the Senate that the President should award the Presi- bow to the government. I expect that cial, and Cultural Rights, as anything the State Department’s annual report dential Medal of Freedom posthumously to an empty promise—a distraction that Dr. Benjamin Elijah Mays in honor of his on human rights, which will be issued will quickly fade away once the Com- distinguished career as an educator, civil and soon, will once again confirm this mission meeting is over. human rights leader, and public theologian trend. Finally, Mr. President, last year and his many contributions to the improve- The destruction of places of worship when the Senate and Congress as a ment of American society and the world. is nothing new in China. But in recent whole passed PNTR for China, pro- Mr. CLELAND. Mr. President. I rise months, scores of churches have been ponents argued that passage of PNTR today to introduce legislation that destroyed, in what some experts have in no way signified a diminished con- would honor Benjamin Elijah Mays for described as the most destructive cern for human rights. I believe that his distinguished career as an educator, crackdown since the Cultural Revolu- now is the time to demonstrate this civil and human rights leader, and pub- tion. Beginning in November, in coun- continuing concern for human rights. I lic theologian. Among his many ac- ties around Wenzhou, over 700 churches urge my colleagues to support this res- complishments, Dr. Benjamin E. Mays have been destroyed. Over two hundred olution. earned a master’s degree and a doc- others have either been banned or torate of philosophy from the Univer- taken for other purposes. I am dis- f sity of Chicago, served as president of turbed by this worsening campaign Morehouse College and mentored Mar- SENATE RESOLUTION 23—EX- against religious believers in China. tin Luther King, Jr., and received nu- PRESSING THE SENSE OF THE The Chinese government has also merous awards and honors during his SENATE THAT THE PRESIDENT stepped up its campaign against spir- lifetime. In recognition of his many ac- SHOULD AWARD THE PRESI- itual movements like the Falun Gong complishments and contributions to DENTIAL MEDAL OF FREEDOM and Zhong Gong, not only imprisoning the citizens of this nation and the POSTHUMOUSLY TO DR. BEN- leaders but also sentencing marginal world, I believe the President should followers to lengthy terms and penal- JAMIN ELIJAH MAYS IN HONOR award the Presidential Medal of Free- izing family members of practitioners. OF HIS DISTINGUISHED CAREER dom to the late Benjamin E. Mays. Pro-democracy activists, including AS AN EDUCATOR, CIVIL AND Dr. Benjamin Elijah Mays’ achieve- Xu Wenli, one of the founders of the HUMAN RIGHTS LEADER, AND ments are even more extraordinary China Democracy Party, are still lan- PUBLIC THEOLOGIAN given the circumstances and social cli- guishing in prison for legally and Mr. CLELAND (for himself, Mr. MIL- mate in the United States at the turn peacefully expressing their views. LER, and Mr. HOLLINGS) submitted the of the 20th Century. Dr. Mays, the son Huang Qi, a middle class computer user following resolution; which was re- of former slaves, encountered prejudice and an Internet webmaster, is on trial ferred to the Committee on the Judici- and obstacles at every stage of his for subverting state power simply be- ary, as follows: early education and pursued his dream February 14, 2001 CONGRESSIONAL RECORD — SENATE S1435 of a college education despite hostile, Whereas Catholic schools provide more during the session of the Senate on and sometimes violent, opposition. Al- than $17,200,000,000 a year in savings to the Wednesday, February 14, 2001, to con- though he faced the frustrations inher- Nation based on the average public school duct a hearing on ‘‘Saving Investors ent in segregation, Dr. Mays finished per pupil cost; Money and Strengthening the SEC.’’ high school at South Carolina State Whereas Catholic schools teach a diverse group of students and over 24 percent of The PRESIDING OFFICER. Without College in three years and graduated as school children enrolled in Catholic schools objection, it is so ordered. class valedictorian. Based on his will to are minorities; COMMITTEE ON FINANCE learn, his motivation to succeed, and Whereas the graduation rate of Catholic Ms. COLLINS. Mr. President, I ask his strong strength of character, Dr. school students is 95 percent, only 3 percent unanimous consent that the Com- Mays then went on to graduate from of Catholic high school students drop out of mittee on Finance be authorized to school, and 83 percent of Catholic high Bates College in Maine and received his meet during the session of the Senate graduate degrees from the University school graduates go on to college; on Wednesday, February 14, 2001, to of Chicago. Whereas Catholic schools produce students hear testimony regarding Education As dean of the School of Religion at strongly dedicated to their faith, values, Howard University and later as Presi- families, and communities by providing an Tax and Savings Incentives. intellectually stimulating environment rich dent of Morehouse College in Atlanta, The PRESIDING OFFICER. Without in spiritual, character, and moral develop- objection, it is so ordered. Georgia for 27 years, Benjamin Mays ment; and COMMITTEE ON THE JUDICIARY overcame seemingly insurmountable Whereas in the 1972 pastoral message con- obstacles to offer quality education to cerning Catholic education, the National Ms. COLLINS. Mr. President, I ask all Americans, especially African- Conference of Catholic Bishops stated, ‘‘Edu- unanimous consent that the Com- Americans. One of Dr. Mays’ own inspi- cation is one of the most important ways by mittee on the Judiciary be authorized rations was Mahatma Gandhi, whom he which the Church fulfills its commitment to to meet to conduct a hearing on met in Mysore, India for 90 minutes the dignity of the person and building of Wednesday, February 14, 2001 at 10 a.m. and who shaped Mays’ views on non- community. Community is central to edu- in SD226. cation ministry, both as a necessary condi- The PRESIDING OFFICER. Without violence as a means of political pro- tion and an ardently desired goal. The edu- test. Dr. Mays greatly influenced his cational efforts of the Church, therefore, objection, it is so ordered. students and, one in particular, Martin must be directed to forming persons-in-com- SUBCOMMITTEE ON COMMUNICATIONS Luther King, Jr. sought the advice and munity; for the education of the individual Ms. COLLINS. Mr. President, I ask counsel of his mentor before and during Christian is important not only to his soli- unanimous consent that the Sub- the civil rights movement. Dr. Mays tary destiny, but also the destinies of the committee on Communications of the was instrumental in the elimination of many communities in which he lives.’’: Now, Committee on Commerce, Science, and therefore, be it segregated public facilities in Atlanta Transportation be authorized to meet and promoted the cause of nonviolence Resolved, That the Senate— (1) supports the goals of Catholic Schools on Wednesday, February 14, 2001, at 9:30 through peaceful student protests dur- Week, an event sponsored by the National a.m. on ICANN Governance. ing a time in this nation that was often Catholic Educational Association and the The PRESIDING OFFICER. Without marred by racial violence. Another stu- United States Catholic Conference and es- objection, it is so ordered. dent from Morehouse, Ira Joe Johnson, tablished to recognize the vital contribu- published a book about Dr. Mays’ tions of America’s thousands of Catholic ele- f scholarship program for African-Amer- mentary and secondary schools; and PRESIDENTIAL VISIT TO MEXICO ican medical students in the early (2) congratulates Catholic schools, stu- Mr. DEWINE. Mr. President, I ask 1940s. dents, parents, and teachers across the Na- Dr. Mays once said that ‘‘[e]very man tion for their ongoing contributions to edu- unanimous consent that the Senate cation, and for the key role they play in pro- and woman is born into the world to do now proceed to the immediate consid- moting and ensuring a brighter, stronger fu- eration of S. Con. Res. 13 that I sub- something unique and something dis- ture for this Nation. tinctive and if he or she does not do it, mitted earlier. f it will never be done.’’ This nation The PRESIDING OFFICER. The owes a great debt to the late Dr. Ben- AUTHORITY FOR COMMITTEES TO clerk will report the concurrent resolu- jamin E. Mays and it is certainly ap- MEET tion by title. propriate and timely to honor his The assistant legislative clerk read COMMITTEE ON ARMED SERVICES as follows: achievements and his contributions to Ms. COLLINS. Mr. President, I ask the citizens of the United States and unanimous consent that the Com- A concurrent resolution (S. Con. Res. 13) expressing the sense of Congress with respect the world by awarding him a Presi- mittee on Armed Services be author- dential Medal of Freedom. to the upcoming trip of President George W. ized to meet during the session of the Bush to Mexico to meet with newly elected f Senate on Wednesday, February 14, President Vicente Fox, and with respect to SENATE RESOLUTION 24—HON- 2001, at 11 a.m., in closed session to re- future cooperative efforts between the ORING THE CONTRIBUTIONS OF ceive a briefing form the navy on the United States and Mexico. CATHOLIC SCHOOLS. submarine accident near Hawaii. There being no objection, the Senate The PRESIDING OFFICER. Without Mr. SANTORUM (for himself, Mr. proceeded to consider the concurrent objection, it is so ordered. HUTCHINSON, Mr. DOMENICI, Mr. resolution. COMMITTEE ON BANKING, HOUSING, AND URBAN VOINOVICH, and Mr. COCHRAN) sub- Mr. DEWINE. Mr. President, we are mitted the following resolution; which AFFAIRS facing a unique time in the history of was referred to the Committee on Ms. COLLINS. Mr. President, I ask U.S.-Mexico relations. Mexico’s elec- Health, Education, Labor, and Pen- unanimous consent that the Com- tion and inauguration last year of an sions, as follows: mittee on Banking, Housing, and opposition candidate as president— Urban Affairs be authorized to meet S. RES. 24 Vicente Fox Quesada—has overturned during the session of the Senate on 71 years of executive branch domina- Whereas America’s Catholic schools are internationally acclaimed for their academic Wednesday, February 14, 2001, to con- tion by the Institutional Revolu- excellence, but provide students more than a duct a hearing on ‘‘Establishing an Ef- tionary Party, PRI. And now, with the superior scholastic education; fective, Modern Framework for Export inauguration of our new president— Whereas Catholic schools ensure a broad, Controls.’’ George W. Bush—both nations have the values-added education emphasizing the life- The PRESIDING OFFICER. Without unprecedented opportunity to imple- long development of moral, intellectual, objection, it is so ordered. ment positive changes and create last- physical, and social values in America’s COMMITTEE ON BANKING, HOUSING, AND URBAN ing progress for our entire Western young people; AFFAIRS Hemisphere. Whereas the total Catholic school student enrollment for the 1999–2000 academic year Ms. COLLINS. Mr. President, I ask Because of Mexico’s critical impor- was 2,653,038, the total number of Catholic unanimous consent that the Com- tance to our nation and hemisphere, it schools is 8,144, and the student-teacher mittee on Banking, Housing, and is not at all surprising that President ratio is 17 to 1; Urban Affairs be authorized to meet Bush has chosen to travel to Mexico for S1436 CONGRESSIONAL RECORD — SENATE February 14, 2001 his first official foreign trip as Presi- Overall progress in our partnership businesses. Any calls for a liberaliza- dent. It is with that in mind that I am cannot occur, though, absent continued tion of this program from President introducing a resolution today, along progress in Mexico’s economy. Al- Fox should be linked to concrete pro- with Senators HELMS, LOTT, DODD, though Mexico is in its fifth consecu- grams to reduce illegal immigration MCCAIN, LANDRIEU, GRASSLEY, BREAUX, tive year of recovery following the into the United States. CHAFEE, VOINOVICH, and LEAHY to ex- 1994-1995 peso crisis, improved living Fourth, in a quick and simple fix, the press our bipartisan interest in Amer- standards and economic opportunities Bush Administration should eliminate ica’s current relationship with Mexico have not been felt nationwide. Lack of the annual cap on the number of visas and to suggest several issues of par- jobs and depressed wages are particu- issued to Mexican business executives ticular importance that President Bush larly acute in the interior of the coun- to enter the United States. Currently, should raise during his upcoming meet- try, even in President Fox’s home state the cap stands at 5,500 and will be ing with President Fox. of Guanajuato. As long as enormous phased out by 2004. The United States Our resolution acknowledges the disparities in wages and living condi- does not have such a cap for Canada. vital nature of our relationship with tions exist between the United States Repealing the cap now would send to Mexico and calls for policies that pro- and Mexico, our own nation will not President Fox and the people of Mexico mote cooperation, enhance the security fully realize the potential of Mexico as a positive signal about their nation’s and prosperity of both nations, and en- an export market nor will we be able to value as an economic partner. able both countries to establish mutu- deal adequately with the resulting Fifth and finally, it is important for ally agreed-upon goals in at least four problems of illegal immigration, border the United States to be seen as a part- areas: one, economic development and crime, and drug trafficking. ner and resource when President Fox trade; two, the environment; three, im- In keeping with the market-oriented undertakes his pledge to reform Mexi- migration; and, four, law enforcement approach we began with NAFTA, the co’s entire judicial system. With a law and counter-drug policy. United States can take a number of enforcement system plagued with in- In each of these areas, both countries constructive steps to continue eco- herent corruption and institutional should pursue realistic and practical nomic progress in Mexico and secure and financial deterioration, President steps that will build confidence in our its support for a Free Trade Agreement Fox will face numerous challenges. It partnership and help set the stage for with the Americas: is in our interest to help him upon his future discussions and future progress. First, we can encourage growth and request, whether it be through finan- No one can deny the importance of development by devising, for example, cial or technical assistance. It is in our our involvement with Mexico—a nation a common strategy to improve the flow own interest that he succeed, because with which we share over 2,000 miles of our country cannot reverse effectively common borders. Additionally, over of credit and U.S. investment opportu- nities in Mexico and by increasing the flow of drugs across our border 21.4 million Americans living in this without the full cooperation and sup- country are of Mexican heritage— funding for entrepreneurial efforts of all sizes, such as microcredit and port of Mexican law enforcement. Addi- that’s 67 percent of our total U.S. tionally, the Bush Administration Latino population. Indeed, many peo- microenterprise programs and Overseas should explore possible multilateral ple and many issues bind our nations Private Investment Corporation (OPIC) anti-drug mechanisms and work with togther. And, it is in both nations’ in- projects. OPIC—a loan program that President Fox to decentralize standard terest to make that bond even strong- assists U.S. small business investments day-to-day border functions of the er. in foreign countries—is already devel- That is why we want to see President oping a limited small business financ- hardworking and trusted law enforce- Fox succeed. And, he is off to a good ing program to support U.S. invest- ment officials from both countries. The issues that impact the United start. For the first time in two dec- ments in environmentally sound States and Mexico are numerous—all ades, economic crisis has not marred projects in Mexico. We should work to important, each interrelated with the Mexico’s transition period in between expand the availability of this kind of presidencies. Instead, President Fox’s investment assistance. other. Together, they present an enor- election has been received as a positive Second, we should expand the man- mous task for the presidents of both step in Mexico’s maturing economy date of the North American Develop- countries. Perhaps most important, and has fueled new investment in the ment Bank (NADbank) beyond the they are evidence of the enormous im- country, raising expectations for better U.S.–Mexico border region—an idea portance of Mexico to the future pros- economic opportunities for the Mexi- proposed by Congressman DAVID perity and security of our country, as can people. DREIER and M. Delal Baer, an expert in well as our hemisphere. The elections President Fox’s election also has Latin American affairs for the Center of Vicente Fox and George W. Bush raised expectations here in Washington for Strategic and International Stud- present one of the best opportunities for better opportunities to improve ies. The NADbank has been a success- not only to redefine U.S.-Mexico rela- U.S.-Mexico bilateral cooperation on a ful source of private-public financing of tions for the better, but to bring all of wide range of issues. An advocate of infrastructure projects along our bor- Latin America to the top of the Admin- free trade in the Americas, President ders. Extending its authority inland istration’s foreign policy agenda. Fox currently recognizes that a strong, will not only bring good jobs into the We cannot underestimate, nor can we steady economy in Mexico can be the interior of Mexico, but also would de- neglect our neighbors to the south. foundation to help solve many of our velop and further nationalize a trans- President Bush knows this. He under- shared challenges, such as immigra- portation and economic infrastructure. stands this. And, in a speech last Au- tion, environmental quality, violent Continued investments in NADBank gust in Miami, I think he, himself, best crime, and drug trafficking. also would facilitate greater environ- described our relationship with Latin Furthermore, thanks to the eco- mental cooperation between the United America, when he said: nomic cooperation spearheaded by the States and Mexico through projects Those who ignore Latin America do not North American Free Trade Agreement geared toward advancing the environ- fully understand America, itself....Our (NAFTA), trade between the United mental goals and objectives set forth in future cannot be separated from the future NAFTA and would enhance the overall of Latin America....We seek, not just States and Mexico amounts to $200 bil- good neighbors, but strong partners. We lion annually, making our neighbor to protection of American and Mexican seek, not just progress, but shared pros- the south our second largest trading natural resources. perity. With persistence and courage, we partner behind Canada. Over the last Third, both nations need to pursue a shaped the last century into an American decade, U.S. exports to Mexico have in- joint immigration policy that takes century. With leadership and commitment, creased by 207 percent. In 1999, alone, into account the realities of the eco- this can be the century of the Americas. the United States exported $86.9 billion nomic conditions of both countries. At I couldn’t agree more. to Mexico—that is more than we ex- a minimum, the Bush Administration At this point, I ask unanimous con- ported to France, Germany, and the should re-evaluate the current guest sent that the resolution before the Sen- United Kingdom combined: $84.1 bil- worker program, which has proven bur- ate be agreed to, the preamble be lion! densome for U.S. farmers and small agreed to, the motion to reconsider be February 14, 2001 CONGRESSIONAL RECORD — SENATE S1437 laid upon the table, and finally, that The PRESIDING OFFICER. The bill vide that if either leader uses his lead- any statements relating to the resolu- will be read a second time on the next er time, morning business for the af- tion be printed in the RECORD. legislative day. fected party or parties be extended ac- The PRESIDING OFFICER. Is there f cordingly. It is not usual that the lead- objection? ers do use their time, but when either Without objection, it is so ordered. PROVIDING FOR A JOINT SESSION one of them does, if we have morning The concurrent resolution (S. Con. OF CONGRESS business set aside, it cuts down the Res. 13) was agreed to. Mr. DEWINE. Mr. President, I ask other side’s ability to have morning The preamble was agreed to. unanimous consent that the Senate business. This is fair. I do not see any (The resolution is printed in today’s proceed to the immediate consider- problem with it. RECORD under ‘‘Submission of Concur- ation of H. Con. Res. 28, regarding an Mr. DEWINE. Mr. President, our side rent and Senate Resolution.’’) address to Congress by the President of certainly has no objection to this. I ask f the United States. Further, I ask unan- unanimous consent that my unanimous imous consent that the resolution be consent request be modified to reflect ORGAN DONATION AND SUP- agreed to and the motion to reconsider the request of the Senator from Ne- PORTING NATIONAL DONOR DAY be laid upon the table. vada. Mr. DEWINE. Mr. President, on be- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without half of the majority leader, I ask unan- objection, it is so ordered. objection, it is so ordered. imous consent that the Senate proceed The concurrent resolution (H. Con. f to the consideration of S. Con. Res. 12, Res. 28) was agreed to. PROGRAM submitted earlier today by Senator f DURBIN. Mr. DEWINE. Mr. President, tomor- The PRESIDING OFFICER. The PROVIDING FOR A CONDITIONAL row the Senate will be in session begin- clerk will report the concurrent resolu- ADJOURNMENT OF THE HOUSE ning at 10 a.m. Following morning tion by title. OF REPRESENTATIVES AND A business at 1 p.m., the Senate can be The assistant legislative clerk read CONDITIONAL RECESS OR AD- expected to consider the bill honoring as follows: JOURNMENT OF THE SENATE our former colleague, Senator Cover- A concurrent resolution (S. Con. Res. 12) Mr. DEWINE. Mr. President, I ask dell, and also the Senate could consider expressing the sense of Congress regarding unanimous consent that the Senate a resolution relative to the energy cri- the importance of organ, tissue, bone mar- proceed to the immediate consider- sis occurring on the west coast and row, and blood donation, and supporting Na- ation of H. Con. Res. 32, the adjourn- could also consider the nominee to tional Donor Day. ment resolution, which is at the desk. head the Federal Emergency Manage- There being no objection, the Senate I further ask unanimous consent that ment Agency. Therefore, votes can be proceeded to consider the concurrent the resolution be agreed to and the mo- expected to occur. resolution. tion to reconsider be laid upon the f Mr. DEWINE. Mr. President, let me table. take a moment, if I may, to speak on The PRESIDING OFFICER. Without ORDER FOR ADJOURNMENT behalf of this resolution. objection, it is so ordered. Mr. DEWINE. Mr. President, on be- Every day in this country we lose The concurrent resolution (H. Con. half of the majority leader, if there is people because we do not have enough Res. 32) was agreed to. no further business to come before the donated organs, and we do not have f Senate, I now ask unanimous consent enough people who understand this that the Senate stand in adjournment problem. I applaud my colleague for in- ORDERS FOR THURSDAY, under the previous order following the troducing this resolution and join with FEBRUARY 15, 2001 remarks of Senator BROWNBACK. him and the other cosponsors in asking Mr. DEWINE. Mr. President, I ask The PRESIDING OFFICER. Without for its passage. unanimous consent that when the Sen- objection, it is so ordered. Mr. President, I ask unanimous con- ate completes its business today, it ad- Mr. DEWINE. Mr. President, I sug- sent that the resolution and preamble journ until the hour of 10 a.m. on Feb- gest the absence of a quorum. be agreed to, en bloc, the motion to re- ruary 15. I further ask unanimous con- The PRESIDING OFFICER. The consider be laid upon the table, and sent that immediately following the clerk will call the roll. any statement relating to the resolu- prayer and the pledge, the Journal of The assistant legislative clerk pro- tion be printed in the RECORD. proceedings be approved to date, the ceeded to call the roll. The PRESIDING OFFICER. Without morning hour be deemed expired, the Mr. BROWNBACK. Mr. President, I objection, it is so ordered. time for the two leaders be reserved for ask unanimous consent that the order The concurrent resolution (S. Con. their use later in the day, and the Sen- for the quorum call be rescinded. Res. 12) was agreed to. ate then proceed to a period for morn- The PRESIDING OFFICER (Mr. The preamble was agreed to. ing business until 1 p.m., with Senators DEWINE). Without objection, it is so or- (The concurrent resolution is printed speaking for up to 10 minutes each, dered. ECORD under ‘‘Submission in today’s R with the following exceptions: Senator of Concurrent and Senate Resolu- f DURBIN, or his designee, in control of tions.’’) the time between 10 a.m. and 11 a.m., RECONCILIATION AND f with 10 minutes under the control of VALENTINE’S DAY MEASURE READ THE FIRST Senator Clinton, 15 minutes under the Mr. BROWNBACK. Mr. President, I TIME—S. 328 control of Senator DORGAN, and 20 min- want to speak for a few minutes on a utes under the control of Senator bill that I am going to be putting for- Mr. DEWINE. Mr. President, I under- CARNAHAN; Senator KYL, or his des- ward shortly and then tie it in to this stand that S. 328 is at the desk, and I ignee, controlling the time between 11 day. It is Valentine’s Day. I hope ev- ask for its first reading. a.m. and 11:30 a.m.; Senator THOMAS, or erybody has called their special person. The PRESIDING OFFICER. The his designee, in control of the time be- I hope they have called their mother. I clerk will report the bill by title. tween 11:30 a.m. and 12 noon; Senator hope they have called the people to The assistant legislative clerk read COLLINS, or her designee, in control of whom they think they ought to reach as follows: 15 minutes; Senator LOTT, or his des- out. If they have not done so, there is A bill (S. 328) to amend the Coastal Zone ignee, in control of 15 minutes; Senator still time. There is special delivery of Management Act. DASCHLE, or his designee, in control of flowers, candy, and others things that Mr. DEWINE. Mr. President, I ask for 30 minutes. can be done. They can still capture the its second reading and object to my Mr. REID. Mr. President, I ask that day and the moment for the people to own request. the closing script be modified to pro- whom they should be reaching out. S1438 CONGRESSIONAL RECORD — SENATE February 14, 2001 I want to talk about a national day Claudius believed that recruitment for the because of his harsh leadership and tendency of reconciliation. This is an effort by army was down because Roman men did not for getting into wars. In fact, he was in so both Houses to identify what needs to want to leave their loves or families behind, many wars he was having a difficult time re- be done to reconcile the Nation and so he canceled all marriages and engage- cruiting soldiers. past and present problems. ments in Rome. Thousands of couples saw Claudius believed that recruitment for the their hopes of matrimony dashed by the sin- We are at the beginning of a new ad- Army was down because Roman men did not gle act of a tyrant. want to leave their loves or their families ministration and at the beginning of a But a simple Christian priest named Valen- behind.... new millennium. This would be a good tine came forward and stood up for love. He time to do this. began to secretly marry soldiers before they So what do you do if you are emperor It is a simple proposition, a basic went off to war, despite the emperor’s orders. and cannot get people to sign up? He proposition of what we need to do to In 269 AD, Emperor Claudius found out about banned the institution of marriage and identify—something we should have the secret ceremonies. He had Valentine said there was not going to be marriage done—and correct past wrongs. I am thrown into prison and ordered him put to allowed anymore. hoping we can identify and move that death. Thousands of couples saw their hopes for forward without difficulty and con- He gave his life to that couples could be matrimony dashed by the single act of a ty- troversy. It will be a very healthy exer- bonded together in holy matrimony. They rant. may have killed the man, but not his spirit. But a simple Christian priest named Valen- cise. Even centuries after his death, the story of tine came forward and stood up for love. He It is also healthy to recognize the Valentine’s self-sacrificing commitment to began to secretly marry soldiers before they basis of some of these days we cele- love was legendary in Rome. Eventually, he went off to war, despite the emperor’s orders. brate. That is why I put forward this was granted sainthood and the Catholic In 269 AD, Emperor Claudius found out about notion of reconciliation on Valentine’s church decided to create a feast in his honor. the secret ceremonies. He had Valentine They picked Feb. 14 because of the ancient Day. It is a lot more than just hearts, thrown into prison and ordered him put to belief that birds (particularly lovebirds and cards, and candy. death. I commend to the Senate an article doves) began to mate on that very day. So what are you doing to keep the love in He gave his life so couples could be bonded written by Mark Merrill in the Wash- together in holy matrimony. They may have ington Times today. He is president of your marriage? While gifts, candlelight din- ners and sweet words are nice, the true spirit killed the man, but not his spirit. Even cen- Family First, an independent, non- of Valentine’s Day needs to last year-round. turies after his death, the story of Valen- profit research group that strengthens Here are some ways to bring more love tine’s self-sacrificing commitment to love families. He supports the story of Val- into your marriage: was legendary in Rome. Eventually, he was entine, the true Valentine. I under- Schedule priority time together. Pull out granted sainthood and the Catholic church stand there are three St. Valentines. your calendars and set a date night every decided to create a feast in his honor. They All three were martyred. All three week or two—just to spend time together picked February 14 because of the ancient and talk. (Note: Movies don’t count) belief that birds (particularly lovebirds and were tremendously dedicated to other doves) began to mate on that very day. individuals and to helping them. Laugh together. When was the last time The one he identifies is the first Val- you shared a funny story and chuckled with I think it is interesting to look back each other? Loosen up and laugh freely. Live entine. It is quite a story. I ask unani- into the history of why it is we cele- lightheartedly. brate certain days and when we cele- mous consent to print this article in Play together. Find a hobby or activity the RECORD. you both enjoy—fishing, bowling, tennis, brate them. There is usually a beau- There being no objection, the mate- hiking, biking or crossword puzzles. tiful story, this tapestry of something rial was ordered to be printed in the Be romantic together. Send your spouse a of beauty in our heritage that I always RECORD, as follows: note of encouragement in the mail every think of in redigging that well and see- [From the Washington Times, Feb. 14, 2001] once in awhile just to say, ‘‘I love you.’’ ing what is there. However, you choose to express yourself, SACRIFICIAL LOVE—ST. VALENTINE’S do it in the spirit of the selfless Saint Valen- CONTRIBUTION TO LOVE AND COMMITMENT f tine—who not only took a stand for love—he (By Mark W. Merrill) gave his life for it. Do you know the real story behind Valen- Mr. BROWNBACK. I will read por- ADJOURNMENT UNTIL 10 A.M. tine’s Day? It goes way beyond hearts, cards TOMORROW and candy. It is a story of love, sacrifice and tions of the article because it is so in- commitment. structive about what Valentine’s Day The PRESIDING OFFICER. Under In the third century, the Roman Empire is about. the previous order, the Senate stands was ruled by Claudius Gothicus. He was In the 3rd century, the Roman Empire was in adjournment until 10 a.m., Thurs- nicknamed ‘‘Claudius the Cruel’’ because of ruled by Claudius Gothicus. He was nick- day, February 15, 2001. his harsh leadership and his tendency for named ‘‘Claudius the Cruel’’— getting into wars. In fact, he was in so many Thereupon, the Senate, at 5:02 p.m, wars that he was having a difficult time re- That is a pretty auspicious name for adjourned until Thursday, February 15, cruiting soldiers. an emperor— 2001, at 10 a.m. February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E175 EXTENSIONS OF REMARKS

HONORING TERRI THOMSON been relentless in fighting for capital dollars in 100TH BIRTHDAY OF LANDIS, the Board’s Capital Plan to relieve the long- NORTH CAROLINA HON. JOSEPH CROWLEY standing neglect of Queen’s schools that has OF NEW YORK resulted in borough-wide overcrowding. HON. HOWARD COBLE IN THE HOUSE OF REPRESENTATIVES Thomson, a graduate of Queens College, OF NORTH CAROLINA Wednesday, February 14, 2001 was born in Brooklyn and has lived in Flush- IN THE HOUSE OF REPRESENTATIVES Mr. CROWLEY. Mr. Speaker, I rise to rec- ing, Queens since the age of three. Thomson Wednesday, February 14, 2001 ognize Terri Thomson of Queens, New York, and her husband Ed have two daughters, Pa- Mr. COBLE. Mr. Speaker, a town in the for her lifetime of community service. Thom- tricia and Maryellen. Sixth District of North Carolina will celebrate son will be honored again next week by the Mr. Speaker, please join me in commending its centennial next month, and I wish to take Powhatan and Pocahontas Regular Demo- Terri Thomson for all her work on behalf of this opportunity to congratulate Landis, North cratic Club for her work to improve our edu- her community. Carolina, on its 100th birthday. Landis was cation and quality of life in Queens. founded in southern Rowan County on March 7, 1901, by a group of investors in the textile Thomson currently serves New York City f school children, parents and faculty as the industry. The first textile operation was Linn Queens Representative to the City Board of INTRODUCTION OF A BILL TO EN- Mill that was started on land owned by Colum- Education. Thomson is one of seven Board SURE THAT INCOME AVERAGING bus Linn. The founding fathers of the town members responsible for setting policy for an FOR FARMERS NOT INCREASE A that would later be named Landis were, in es- $11 billion budget, more than one million FARMER’S LIABILITY FOR THE sence, the board of directors of the newly school children, 1100 school buildings, and ALTERNATIVE MINIMUM TAX formed mill company. more than 100,000 education professionals. How the town came to be known as Landis Thomson was appointed by Queens Bor- is subject of much discussion. According to ough President Claire Shulman to the New HON. WALLY HERGER Ted L. Allen, author of the Historical Survey York City Board of Education in July 1998. (June 1974 N.C. Department of Natural and She is Chair of both the Parent Outreach and OF CALIFORNIA Economic Resources), Landis was named Involvement and the Finance and Capital IN THE HOUSE OF REPRESENTATIVES after famed jurist and baseball legend Judge Budget Committees. She chaired a task force Kennesaw Mountain Landis. According to that has recommended all newly constructed Wednesday, February 14, 2001 Allen, ‘‘In 1901, the U.S. Government brought high schools be offered as schools of choice an anti-trust suit against a major U.S. oil com- on a year-round calendar as a strategy to al- Mr. HERGER. Mr. Speaker, today I intro- pany. The judge residing on the anti-trust case leviate overcrowding, particularly in Queens. duce the Farmer Tax Fairness Act, along with was Judge Kennesaw Mountain Landis. As a Terri has been a steadfast friend and con- my Ways and Means Committee colleagues, result of the large sum of money involved, 29 sistent advocate for New York City public Representatives THURMAN, DUNN, and FOLEY, million dollars, and the name of the judge in school children. I have attended dozens of ENGLISH, and CAMP. This legislation will help the case, a motion was made one evening in meetings on local education issues with Terri, ensure that farmers have access to tax bene- an informal discussion that the town be named and she has been a powerful ally in the fight fits rightfully owed them. Landis. The community leaders adopted the to ensure that Queens County gets its fair As those of us from agricultural areas un- name and the name was submitted to the post share of education resources. office department. The post office department derstand, farmers’ income often fluctuates Thomson has been a strong supporter of did not object and on March 7, 1901, the N.C. many community organizations and has from year to year based on unforeseen weath- General Assembly ratified the incorporation of served as a board member of the Greater Ja- er or market conditions. Income averaging al- the Town of Landis, North Carolina.’’ maica Development Corporation, Queens lows farmers to ride out these unpredictable This story was well accepted by old timers Symphony Orchestra, Queens Library Founda- circumstances by spreading out their income in town. While it is a good story, there are a tion, Flushing Council on Culture and the Arts, over a period of years. A few years ago, we few holes in it. President Theodore Roosevelt St. Francis College Board of Regents; as acted in a bipartisan manner to make income didn’t appoint Judge Landis until 1905. The oil Chair of Queens County Overall Economic averaging a permanent provision of the tax company was Standard Oil Company and it Development Corporation, Treasurer of the code. Unfortunately, since that time, we have appears that this case did not occur until the Queens Chamber of Commerce and Vice learned that, due to interaction with another middle or latter part of the first decade of the Chair of the Brooklyn Sports Foundation. tax code provision, the Alternative Minimum 1900’s. According to Frederick Corriher, his Thomson currently serves as Vice President Tax (AMT), many of our nation’s farmers have grandfather, Lotan A. Corriher, one of the and Director of State Civic Affairs in the been unfairly denied the benefits of this impor- original members of the Linn Mill board of di- Citigroup Corporate Affairs Department. Pre- tant accounting tool. rectors, suggested that the town being named viously, she was Vice President and Director for Judge Landis at a town meeting in the of New York City and State Government Rela- Our legislation directly addresses the con- 1920’s. At that time, Judge Landis was com- tions for Citigroup in the Global Community cerns being raised by farmers using income missioner of Major League Baseball, and Relations Department. She began her career averaging. Under the Farmer Tax Fairness thanks to the Black Sox scandal, was a na- with Citigroup in February 1990 as Director of Act, if a farmer’s AMT liability is greater than tional figure. Therefore, there is some friendly Government Relations, representing her com- taxes due under the income averaging cal- controversy about the naming of this town, but pany in the communities of Queens, Brooklyn, culation, that farmer would disregard the AMT there are no disagreements about the future of Manhattan and Staten Island. Prior to her ca- and pay taxes according to the averaging cal- Landis. reer at Citigroup, Terri was District Adminis- culation. As such, farmers will be able to take The future for Landis is bright. During its trator for ten years for Congressman GARY full advantage of income averaging as in- first 100 years, Landis has developed into a ACKERMAN, advocating for the citizens of tended by Congress. thriving bedroom community of more than Queens. 3,000 with a balance of industry and commer- A strong advocate for school governance re- This provision is a reasonable measure de- cial growth. The town, always self-reliant, is a form, Thomson took a leadership role in signed to ensure farmers are treated fairly full-service small municipality. Landis remains changing the prohibition against Board of Edu- when it comes time to file their taxes. I urge true to its heritage as a textile community. cation employees serving as parent represent- my colleagues to join me in promoting greater Parkdale Mills, for example, operates two atives on School Leadership Teams. She has tax fairness for our nation’s farmers. plants there.

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

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.000 pfrm01 PsN: E14PT1 E176 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 On behalf of the citizens of the Sixth District not reach an agreement in 30 days, the re- HONORING ASSEMBLYMAN DENIS of North Carolina, we congratulate Landis, maining issues may be transferred to the Fed- BUTLER North Carolina on its centennial celebration. eral Mediation and Conciliation Service for We offer our best wishes for much prosperity binding arbitration. HON. JOSEPH CROWLEY and success during the century to come. Let’s make sure that everyone has a fair op- OF NEW YORK f portunity to negotiate a collective bargaining IN THE HOUSE OF REPRESENTATIVES IN HONOR OF SFC TOYA D. KING- agreement. I urge my colleagues to join me in Wednesday, February 14, 2001 cosponsoring this legislation. JOHN Mr. CROWLEY. Mr. Speaker, I rise today to honor Assemblyman Denis Butler for his twen- f HON. EDOLPHUS TOWNS ty-four years of elected service on behalf of OF NEW YORK INTRODUCTION OF THE HOME- the people of Queens. The Powhatan and Po- IN THE HOUSE OF REPRESENTATIVES OWNERSHIP OPPORTUNITIES FOR cahontas Regular Democratic Club will honor Butler again next week for his tremendous ad- Wednesday, February 14, 2001 UNIFORMED SERVICES AND EDU- CATORS ACT vocacy for youth, senior citizens, veterans and Mr. TOWNS. Mr. Speaker, I wish today to the disabled. honor the 18-year commitment of SFC Latoya Assemblyman Butler was first elected to the King-John of Brooklyn, NY. Ms. King-John is HON. JOHN J. LaFALCE New York State Assembly in April of 1976, currently serving in the United States Army and enjoyed victories in every Assembly race Reserve. From 1996–1997, Ms. King-John OF NEW YORK since then. During his twenty-four years in the served in Operation Joint Venture; leaving her IN THE HOUSE OF REPRESENTATIVES Assembly, Mr. Butler moved up the ranks to husband and two young children while she become an Assistant Speaker Pro Tempore, Wednesday, February 14, 2001 worked as a movement control supervisor in to which he was appointed in 1993. Assembly- Bosnia, Croatia, and Hungary. Mr. LAFALCE. Mr. Speaker, today, along man Butler previously held the positions of In addition, Ms. King-John has worked for with my colleague Representative LEACH and Vice-Chairman of the Majority Conference, New York State for the past 17 years. While a number of other Members of the House, I Chairman of the Majority Conference and there she has been an active member of the will be introducing the Homeownership Oppor- Chairman of the Committee on Standing Com- Civil Service Employees Association, where tunities for Uniformed Services and Educators mittees. He was also a member of the Execu- she has served on the Education Committee Act, also known as the ‘‘HOUSE Act.’’ tive Committee of the Eastern Regional Con- of Local 351. Also, Ms. King-John is a mem- The HOUSE Act authorizes I% down pay- ference of the Council of State Governments. ber of the Non-Commissioned Officers Asso- As Chairman of the Queens Assembly Dele- ment FHA mortgage loans for prekindergarten ciation. In 1999, Ms. King-John was recog- gation, Assemblyman Butler has been an un- through 12th grade teachers, policemen, and nized by the Disabled American Veterans. failing advocate for Astoria and Long Island firemen buying a home within the school dis- Mr. Speaker, Ms. King-John has served this City, successfully securing hundreds of thou- trict or local employing jurisdiction. This signifi- country for nearly two decades at great per- sands of dollars for numerous recreational, cantly reduces the down payment hurdle. For sonal sacrifice; she has served New York cultural, educational, civic, youth, anticrime example, the down payment on a $132,000 State for nearly two decades as well. As such, and senior programs throughout Queens. home would be lowered from around $6,270 she is more than worthy of receiving our rec- In 1998, Assemblyman Butler received the to only $1,320. In higher cost areas the effect ognition today, and I hope that all of my col- Brooklyn Diocese’s Pro Vita award, presented would be more dramatic. leagues will join me in honoring this truly re- to him by Bishop Francis J. Mugavero in rec- markable woman. Moreover, for qualified borrowers, the bill ognition of his efforts on behalf of the unborn. defers the 1.5% up-front FHA premium that f In 1992, he was the recipient of the New York FHA customarily charges, which currently State Catholic Conference Public Policy SUPPORT OF THE LABOR FIRST ranges from $1,980 to $3,590, depending on Award, presented by John Cardinal O’Connor CONTRACT NEGOTIATIONS ACT the size of the loan. Moreover, this deferred and the Bishops of New York State. Assem- fee is reduced by 20% for each year of public blyman Butler was the driving force behind the HON. GENE GREEN service in the community, and entirely waived Maternity and Early Childhood Foundation, a OF TEXAS after five years of continued service. non-for-profit statewide organization that pro- IN THE HOUSE OF REPRESENTATIVES Down payment and loan fee reductions will motes alternatives to abortion, successfully se- curing approximately 17 million dollars for the Wednesday, February 14, 2001 have the effect of helping school districts and localities recruit and retain qualified teachers, Foundation since 1983. Mr. GREEN of Texas. Mr. Speaker, I rise policemen and firemen. It will also make it Assemblyman Butler is Vice-Chairman of today in support of the Labor Relations First easier for these public servants to buy a home the Queens Democratic County Committee Contract Negotiations Act. within the community they work. And, the bill’s and for thirty years was the Executive Member The National Labor Relations Act guaran- premium waiver feature provides an incentive of the Powhatan Regular Democratic Club, tees the right of employees to organize and for continued public service in the local com- one of the oldest clubs in New York State. In bargain collectively to improve living standards munity. conjunction with the Powhatan and Poca- and working conditions. The right to organize The Congressional Budget Office (CBO) has hontas Clubs, Assemblyman Butler was the is a basic civil right, and unions are an avenue estimated that the bill would generate 125,000 organizer for the last twenty-nine years of an- to equity, fair treatment, and economic stability new loans to teachers, policemen, and firemen nual Toys for Tots Drive for the needy. for working people. Free enterprise includes over the next five years. CBO also determined Mr. Butler is a lifelong resident of the District the freedom to organize as a unit to bargain that the bill would actually increase the federal he represented, covering Astoria, Long Island collectively. Often, current law hinders this budget surplus by $162 million over the same City and Jackson Heights. A graduate of La ability. That is why I have introduced the period. Salle Academy and Cathedral College, As- Labor Relations First Contract Negotiations semblyman Butler also attended St. Joseph’s Act. This legislation is supported by the Fraternal Seminary, Columbia University and the State This bill requires mediation and, if nec- Order of Police, the American Federation of University at Albany. Prior to his election to essary, binding arbitration of initial contract ne- Teachers, the National Education Association, the New York State Assembly, Mr. Butler, who gotiation disputes. Under this proposed bill, if and the American Association of School Ad- holds a Bachelor of Arts Degree, was an ac- an employer and a newly elected representa- ministrators. count executive and sales manager on the tive have not reached a collective bargaining Moreover, the bill enjoys bi-partisan support, field of broadcasting, both in radio and tele- agreement within 60 days of the representa- and was in fact passed by the House last vision. tive’s certification, the employer and the rep- year, as Section 203 of H.R. 1776. Unfortu- Married to former Mary Kerr, Assemblyman resentative will jointly select a mediator to help nately, it died when the House and Senate Butler and his lovely wife have three children: them reach an agreement. If they cannot failed to reach agreement. I urge my col- Kathleen, a health care administrator; Denis, agree on a mediator, one will be appointed for leagues to join us in cosponsoring this impor- an attorney; and Thomas, President of Butler them by the Federal Mediation and Concilia- tant legislation, so that we may enact it into Associates, a Manhattan based Public Rela- tion Service. In the event that the parties do law this year. tions and Marketing Firm.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.003 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E177 I was proud to serve with Assemblyman Small businesses contribute greatly to this INTRODUCTION OF A HOUSE CON- Butler in the New York State Assembly for country’s economy, and they deserve a break TINUING RESOLUTION URGING twelve years, and I am pleased to call him a from needless government-imposed compli- INCREASED FEDERAL FUNDING friend. ance costs. FOR JUVENILE (TYPE 1) DIABE- Mr. Speaker, please join me in commending TES RESEARCH Assemblyman Butler for his twenty-four years f of advocacy for the people of Queens and HON. GENE GREEN New York State. A TRIBUTE TO THE HONORABLE OF TEXAS f ALBERT VANN IN THE HOUSE OF REPRESENTATIVES INTRODUCING A BILL TO ENSURE Wednesday, February 14, 2001 THAT SMALL BUSINESSES ARE HON. EDOLPHUS TOWNS Mr. GREEN of Texas. Mr. Speaker, I rise RIGHTFULLY ENTITLED TO USE today in support of legislation which urges THE CASH METHOD OF ACCOUNT- OF NEW YORK Congress to increase federal funding for Type ING IN THE HOUSE OF REPRESENTATIVES I diabetes, also known as juvenile diabetes. Type I diabetes is a devastating illness that HON. WALLY HERGER Wednesday, February 14, 2001 affects over 1 million Americans, many of OF CALIFORNIA whom are diagnosed as children. This serious Mr. TOWNS. Mr. Speaker, I wish today to IN THE HOUSE OF REPRESENTATIVES disease robs children of their innocence and honor New York State Assemblyman Albert Wednesday, February 14, 2001 independence, and burdens its victims with a Vann of Brooklyn, New York upon his receipt lifetime of finger-sticks, shots, and fear of Mr. HERGER. Mr. Speaker, today I intro- of the Susan G. Hadden Pioneer Award from dreaded complications. duce the ‘‘Cash Accounting for Small Business the Alliance for Public Technology. The Hon. Even with a strict regimen of insulin injec- Act of 2001,’’ a bill to simplify the tax code Albert Vann has served as the NYS Assem- tions, blood-glucose monitoring, diet and exer- and provide relief for small businesses across blyman for the 56th Assembly since 1974. cise, people with Type I diabetes are at se- the nation. I am pleased to be joined in this ef- During this time Mr. Vann has been a tireless vere risk for blindness, kidney failure, amputa- fort by my colleague on the Ways and Means advocate on behalf of low-income commu- tions, heart disease and stroke. Committee, Mr. TANNER, along with the chair- nities, chairing the Assembly Standing Com- The burden of diabetes is felt by all Ameri- man and ranking member of the Small Busi- cans. Americans spend $105 billion each year ness Committee, Mr. MANZULLO and Ms. mittee on Children and Families as well as the New York State Black and Puerto Rican Cau- on the direct and indirect costs of this disease. NYDIA VELA´ZQUEZ. One of every four Medicare dollars is spent on cus. He is currently the Chairman of the As- One of the most complex and burdensome beneficiaries with diabetes, and one in ten aspects of the Tax Code for many small busi- sembly Standing Committee on Corporations, health care dollars overall are spent on indi- nesses is also one of the most fundamental— Authorities and Commissions. The ‘Corpora- viduals with this serious disease. their tax accounting method. While current tax tions’ Committee has oversight authority over There is great promise that a cure for Type law specifies a $5 million annual gross re- the New York State Public Service Commis- I can be found in the near future. Advance- ceipts test for the use of cash accounting, this sion, the regulatory body for telecommuni- ments in genetic research, transplantation and test has often been misinterpreted by the IRS, cations and cable. immunology, and research into potential vac- especially for small businesses using inven- cines all hold the potential to eliminate Type I tory. Assemblyman Vann has worked on a vari- ety of initiatives to lay the groundwork to bring diabetes. But if we are to find a cure, we in Today we are introducing the ‘‘Cash Ac- Congress must find the money to pay for it. technology to low income and rural areas. Mr. counting for Small Business Act of 2001,’’ leg- The Diabetes Research Working Group islation to clarify tax accounting rules for small Vann worked with me to expand the Congres- (DRWG), a Congressionally appointed panel businesses. Our legislation will follow the rec- sional Black Caucus’ Braintrust Communica- of experts in diabetes research, issued a re- ommendation of the IRS National Taxpayer tions Conference to include telecommuni- port in 1999 that indicates the need for a sig- Advocate in his 2000 report to Congress by cations and e-commerce issues. He also nificant increase in diabetes research. The further clarifying the $5 million threshold for worked with the New York State Public Serv- DRWG recommended a $4.1 billion increase use of the cash method of accounting. For ice Commission to create the Diffusion Fund, for diabetes research over a five year period. small companies with average annual gross which provides $50 million to establish Congress must heed this report. receipts below that level, they will be entitled broadband capacity in low-income commu- This legislation I am introducing today rec- to use the cash method. In addition, the bill nities. In addition, he has held a series of ognizes the particular burden of Type I diabe- will enable small businesses, particularly serv- tes, and the need to follow the recommenda- ice providers below the $5 million threshold, to technology seminars in his district to provide his constituents with networking opportunities tions of the DRWG. It also recognizes the im- avoid the onerous inventory-accounting rules. portance of our partners in the private sector, in telecommunications and information serv- As a result, small business owners will be able such as the Juvenile Diabetes Research to save time and accounting costs and put ices. Foundation, which has donated more than them back into productive use. Al Vann was selected to serve as co-chair $326 million to diabetes research since 1970 According to accountants, the use of accrual of the Assembly Task Force on Telecommuni- and will give $100 million in FY 2001. accounting can increase a small business’ ac- cations where he worked on the ramifications Mr. Speaker, full funding for diabetes re- counting costs by as much as 50 percent. For of the 1996 Federal Telecommunications Act search will help eradicate this devastating ill- small firms struggling to get their businesses for New York State. He has used his positions ness, save billions of health care dollars, and off the ground, that’s valuable capital thrown end the unnecessary suffering of millions of down the drain to pay for unnecessary record- to ensure that New York State maintains a leadership role on telecommunications issues. Americans. I urge all of my colleagues to join keeping. The costs for failure to comply, how- me in our fight to cure Type I diabetes. Al brought his technology access concerns to ever, can be quite high. A survey by the f Padgett Business Services Foundation, for ex- a national forum by chairing the National Black ample, revealed that on the inventory account- Caucus of State Legislators Telecommuni- TEACHER RECRUITMENT AND ing issue alone, a small business found by the cations and Energy Committee. RETENTION ACT IRS to be using the incorrect bookkeeping Mr. Speaker, NYS Assemblyman Al Vann method can end up paying $2,000 to $14,000, has been a tireless advocate on behalf of the HON. DENNIS MOORE with an average of $7,200 in taxes, interest, technologically underserved, through his hard OF KANSAS and penalties. IN THE HOUSE OF REPRESENTATIVES Small business owners across the country work and dedication, he has provided access have been clamoring for tax simplification. where otherwise there would not be any. As Wednesday, February 14, 2001 This legislation is a down payment on that such, he is more than worthy of receiving our Mr. MOORE. Mr. Speaker, I rise today to goal. I urge all my colleagues to join me in this recognition today, and I hope that all of my ask my colleagues to support the Teacher Re- straight-forward effort to infuse some common colleagues will join me in honoring this fine cruitment and Retention Act. I am introducing sense into our overly complicated Tax Code. public servant. this legislation today to address a pressing

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.007 pfrm01 PsN: E14PT1 E178 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 need in school districts across the country— I encourage my colleagues to hear the re- ented Director of Constituent Service, and the need for teachers at all levels. quests of their school districts and join me in Carleen. In addition, they have a loving Local school districts all over the country cosponsoring this important legislation. daughter-in-law Cathy, a terrific son-in-law are struggling with a teacher shortage that f Robert, and have been blessed with four shows no signs of abating in the near future. beautiful grandchildren Christian, Bobby, Brian Urban, rural and suburban districts are all PERSONAL EXPLANATION and Meghan. struggling, to different degrees, with this prob- Kelly’s involvement with politics started with lem caused by a combination of demographic HON. XAVIER BECERRA a phone call from Denis Butler who had de- trends and a low teacher retention rate. OF CALIFORNIA cided to run for Democratic leader in Astoria. The children of the Baby Boomers, or the IN THE HOUSE OF REPRESENTATIVES He invited her to run with him as female co- ‘‘Baby Boom Echo,’’ resulted in a 25% in- leader. They had known each other through Wednesday, February 14, 2001 crease in our nation’s birth rate that began in their mutual involvement in church and Home the mid-1970s and reached its peak in 1990 Mr. BECERRA. Mr. Speaker, on January 30 School activities. Kelly was Vice President of with the birth of 4.1 million children. The chil- and 31 and February 6, 7, and 13, 1 was un- the Rosary Society and had chaired many dren of the Baby Boom Echo are flooding our able to cast my votes on rollcall votes: No. 5, successful fundraisers for their school. That schools—in the fall of 2000, 53 million young on motion to suspend and pass H.R. 93; No. phone call was the beginning of a wonderful people entered our nation’s public and private 6 on motion to suspend and agree to H. Con. political union and a friendship that lasted classrooms and, for the fourth year in a row, Res. 14; No. 7 on motion to suspend and through 30 years of service to their community set a new national enrollment record for ele- agree to H. Con. Res. 15; No. 8 on approving and clubs. They have the honor of being the mentary and secondary education. The record the journal; No. 9 on motion to suspend and two leaders, male and female, in Queens who 2000 enrollment reflects an increase of 6.5 pass H.J. Res. 7; No. 10 on motion to sus- remained in office longer than any other polit- million, or 14% since fall 1990. pend and agree to H. Res. 28; No. 11 on mo- ical team. Although Kelly is no longer a Demo- Furthermore, the U.S. is on the verge of a tion to suspend and pass H.R. 132; No. 12 on cratic District Leader, a title her daughter massive wave of retirements as the large co- motion to suspend and agree to H. Res. 34; Anne-Marie Anzalone now holds, she will al- hort of experienced teachers who were hired and No. 13 on motion to pass H.R. 2. Had I ways remain devoted to her community and in the late 1960s and 1970s begin to leave the been present for the votes, I would have voted the Pocahontas and Powhatan clubs whose profession. A total of 2.2 million teachers are ‘‘aye’’ on rollcall votes 5, 6, 7, 8, 9, 10, 11, 12, members have been so supportive over the needed to meet enrollment increases in the and 13. years. next 10 years and to offset the large number f As an elected official, I appreciate the work of teachers who are preparing to retire. The and dedication of people like Mary Anne Kelly nationwide shortage of teachers is already HONORING MARY ANNE KELLY to democracy and good government. Mary particularly pronounced in the disciplines of Anne is the person who carries the petitions, science, math, special education, and foreign HON. JOSEPH CROWLEY languages. stuffs the envelopes, helping to elect hundreds Unfortunately, young teachers are leaving OF NEW YORK of talented men and women to all levels of the profession at an alarming rate. Local IN THE HOUSE OF REPRESENTATIVES government, from Queens courts to U.S. school administrators are working overtime to Wednesday, February 14, 2001 President. find the qualified teachers they need, but their Mr. Speaker, please join me recognizing Mr. CROWLEY. Mr. Speaker, I rise to honor Mrs. Mary Anne Kelly for her lifetime of serv- toughest problem is keeping them once hired. Mary Anne Kelly for her great commitment to Our recent booming economy, which has ben- ice to the communities of Astoria and Long Is- community and family involvement. Kelly will land City, New York. efited Americans at all levels, has drawn qual- be recognized next week by the Powhatan f ity teachers to higher-paying, lower-stress jobs and Pocahontas Regular Democratic Club for in the private sector. Twenty-two percent of all her work on behalf of her community in Long HONORING JOLIET JUNIOR new teachers leave the profession in the first Island City and Astoria, New York. COLLEGE (JJC) three years. Studies show that teachers are Kelly’s love for and roots in Queens are much more likely to remain in the field of edu- deep and long lasting. She was bom in St. cation throughout their career if we can help HON. JERRY WELLER John’s hospital, then located to Long Island OF ILLINOIS them through the first three years. City, where she was raised as the only child Local school districts are already feeling the IN THE HOUSE OF REPRESENTATIVES of loving parents, Florence and Lawrence effects of this trend. Last year, I conducted a Creamer of Astoria. She graduated from St. Wednesday, February 14, 2001 survey of school districts within the Third Con- Joseph’s Grammar School in Astoria with hon- gressional District in Kansas, and the prin- Mr. WELLER. Mr. Speaker, today I honor cipals reported to me that 92% of elementary ors and was the recipient of the Math Medal. Joliet Junior College (JJC) as they celebrate schools, 95% of junior high/middle schools Mary Anne then attended St. Jean the their 100 year anniversary and the unveiling of and 75% of high schools reported they were Baptiste High School in Manhattan where she the U.S. Postal Service post card honoring able to fill all teaching positions with qualified participated in numerous activities and did vol- JJC. teachers. Furthermore, the principals fully ex- unteer work with the New York Foundling JJC is America’s oldest public community pect this problem to continue—75% of all Home. She said that although it was often college. It began in 1901 as an experimental schools reported they anticipate difficulty hiring heart wrenching, it was a wonderful feeling to postgraduate high school and was the ‘‘brain qualified teachers in the future, including 90% be able to help infants and toddlers. It was a child’’ of J. Stanley Brown, Superintendent of of the middle school and junior high schools. true labor of love. Joliet Township High School, and William It is time for the federal government to as- Mrs. Kelly had every intention of entering Rainey Harper, President of the University of sist states and local school districts in attract- Hunter College with the goal of becoming a Chicago. The college’s initial enrollment was ing and keeping qualified teachers. It is also Math teacher, as she loved working with chil- six students. time to recognize that recruiting and retaining dren. However, the New York Telephone Brown and Harper’s innovation created a good teachers is a national priority worthy of Company offered a wonderful opportunity to junior college that academically paralleled the federal investment. her, and she opted for the business world—a first two years of a 4-year college or univer- Mr. Speaker, today with several of my col- choice she does not regret. She worked for sity. The junior college was designed to ac- leagues I am introducing the Teacher Recruit- eight years in the commercial department, the commodate students who wanted to remain ment and Retention Act. This bill would forgive last five years as a business representative. within the community and still pursue a college 100% of federal student loans (up to $10,000) Kelly also served as her office’s union rep- education that was affordable. Today, Brown over five years for any newly qualified educa- resentative. and Harper’s vision has spread across the na- tor who: teaches in a low-income school, In the summer of 1956, a mutual friend in- tion and has become a vital part of our eco- teaches special education, or teaches in a troduced Mary Anne to a wonderful man. Now nomic prosperity and our cultural awareness. designated teacher shortage area (as defined after 43 years of marriage to Peter Kelly, Mary Community Colleges have stood the test of by the state departments of education). The Anne claims that summer day was the luckiest time, meeting the challenges of recovery from provisions of this bill would apply to all Federal day of her life. They were married in June of depression and war, opening their doors to Family Education Loan (FFEL) Direct Loans 1958 and had three marvelous children: Peter, over 2.2 million veterans since World War II (DL). now a Civil Court Judge, Anne-Marie, my tal- and teaching a generation of baby boomers.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.011 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E179 Now, our community colleges are faced with a INTRODUCTION OF A BILL TO memorating the Day of Remembrance. Truly myriad of new challenges as they enter their STRENGTHEN AND IMPROVE THE by reflecting on our history we secure the second century. BENEFITS PROVIDED TO SMALL promise of the ‘‘streets of gold’’ that our an- On February 20, 2001, the United States BUSINESSES UNDER INTERNAL cestors dreamed about. An America ripe with Postal Service will issue and unveil a post REVENUE CODE SECTION 179 opportunity for all people—and a spirit refined card in honor of the 100th anniversary of JJC by our struggles to build a brighter future as and to also honor all of America’s Community HON. WALLY HERGER we secure the riches of the blessings of lib- Colleges. It is my hope that this post card will OF CALIFORNIA erty. On Saturday, we will gather to remember a reaffirm to the American public the value of a IN THE HOUSE OF REPRESENTATIVES solemn past so we can look onward towards good education and will remind us here in Jo- Wednesday, February 14, 2001 liet how lucky we are to have JJC in our back- a future of promise. We look back solemnly to yard. Mr. HERGER. Mr. Speaker, today I intro- a relocation center at Rohwer Arkansas where duce the ‘‘Small Business Expensing Improve- a young boy was forced to spend much of his Mr. Speaker, I urge this body to identify and childhood. But we see a more promising future recognize other institutions in their own dis- ment Act of 2001,’’ legislation to assist small businesses with the cost of new business in- as this boy, Los Angeles’ very own, George tricts whose actions have so greatly benefited Takei, overcame that experience to become a and strengthened America’s communities. vestment. I am pleased to be joined in this ef- fort by my colleague on the Ways and Means household name as an original cast member Committee, Mr. TANNER. of one of America’s most celebrated television f Small businesses truly are the backbone of programs. We look back solemnly at a reloca- H.R. 599: MEDICARE MENTAL ILL- our economy, representing more than half of tion center called Heart Mountain in Wyoming NESS NON-DISCRIMINATION ACT all jobs and economic output. We should not where another innocent young boy was take small business vitality for granted, how- stripped of his freedom. But we see a more ever. Rather, our tax laws should support promising future as this boy, Norman Mineta, HON. MARGE ROUKEMA small businesses in their role as the engines became the first Asian Pacific American ever OF NEW JERSEY of innovation, growth, and job creation. to serve on a presidential cabinet. We look back solemnly as mothers and fathers stood IN THE HOUSE OF REPRESENTATIVES The legislation we are introducing today will improve our tax laws to make it easier for behind barbed wires branded as traitors to the Wednesday, February 14, 2001 small businesses to make the crucial invest- very flag for which their sons fought as valiant ments in new equipment necessary for contin- soldiers of the 442nd Combat Regiment. They Mrs. ROUKEMA. Mr. Speaker, yesterday I helped secure our freedom even as we introduced H.R. 599, the Medicare Mental Ill- ued prosperity. Under Code Section 179, a small business is allowed to expense the first robbed that very freedom from their loved ness Non-Discrimination Act. In reference to ones. But we look to a more promising future my extension of remarks concerning this legis- $24,000 in new business investment in a year. Our legislation will increase this amount to as last year President Clinton finally awarded lation (on page E156 of the CONGRESSIONAL $35,000, beginning in 2001. Furthermore, our this country’s highest military citation, the RECORD), I ask that a letter in support of H.R. bill will index this amount to ensure that the Medal of Honor, to 22 of these heroes. Those 599 from Dr. Daniel B. Borenstein, President medals are just a dim reflection of the bril- of the American Psychiatric Association (APA), value of this provision is not eroded over time. This legislation will also allow more small liance of their courage and resilience. We can be added in the RECORD. I submit the fol- businesses to take advantage of expensing by never repay their sacrifice for our nation. lowing letter from the APA into the CONGRES- increasing from $200,000 to $300,000 the total These are the ones who have worked tire- SIONAL RECORD. amount a business may invest in a year and lessly to bring us where we are today. But AMERICAN PSYCHIATRIC ASSOCIATION, there is still much more work that needs to be Washington, DC, February 8, 2001. qualify for Section 179. It is important to note that this amount has not been adjusted for in- done. This year’s Day of Remembrance theme Representative MARGE ROUKEMA, behind which we gather, ‘‘Building a Stronger Rayburn Building, House of Representatives, flation since its enacting into law in 1986. Washington, DC. The ‘‘Small Business Expensing Improve- Community Through Civil Rights and Redress’’ is appropriately fitting as we work together to- DEAR REPRESENTATIVE ROUKEMA: On behalf ment Act’’ also improves the small business of the American Psychiatric Association expensing provision by following the rec- wards the America we dream of today. To- (APA), the medical specialty representing ommendations of the IRS National Taxpayer gether we have achieved much but there is more than 40,000 psychiatric physicians na- Advocate in his 2000 Annual Report to Con- still much more left to do. I am proud to con- tionwide, I am writing to offer our heartfelt gress. Specifically, our legislation makes resi- tinue our struggle for civil rights. Along with thanks for your sponsorship of legislation to dential rental personal property and off-the- the Congressional Asian Pacific American end Medicare’s historic discrimination Caucus, I worked this last year in Congress to against patients with mental illness. shelf computer software eligible for expensing under Section 179. secure needed funding to build a memorial As you know, Medicare currently requires Mr. Speaker, in times of economic uncer- center right outside of Los Angeles at the patients seeking outpatient treatment for Manzanar relocation center. My colleagues mental illness to pay 50 percent of their care tainty, we must do all we can to encourage out of pocket, as opposed to the 20 percent new investment and job creation. The ‘‘Small and I wanted to make sure that the camp copayment charged for all other Medicare Business Expensing Improvement Act of stands to remind us never to erect another Part B services. This is simply a policy of 2001’’ will help accomplish this worthy goal, one again. We must remember our past so we discrimination by diagnosis that inflicts a and I urge my colleagues to join me in this ef- can build a better future. Further, during the heavy toll on Medicare patients who, for no fort. 106th Congress we worked in combating the fault of their own, happen to suffer from f sickness of hate motivated crimes, estab- mental illness. lishing the first ever Presidential Commission Your legislation would end this discrimina- IN COMMEMORATION OF THE DAY on Asian Pacific Americans, defending bilin- tion by requiring that Medicare patients pay OF REMEMBRANCE RE-INTRO- gual education, enabling minority owned busi- only the same 20 percent copayment for men- DUCTION OF THE WARTIME PAR- nesses, and fighting against the troubling tal illness treatment that they would pay ITY AND JUSTICE ACT OF 2001 when seeking any other medical treatment, trend of racial profiling. including, for example, treatment for diabe- This year I followed closely the story which tes, cancer, heart disease, or the common HON. XAVIER BECERRA our keynote speaker, Ms. Alberta Lee, will cold. APA commends you for your continued OF CALIFORNIA speak about. Indeed, Mr. Wen Ho Lee’s case dedication to persons with mental illness, IN THE HOUSE OF REPRESENTATIVES sent shockwaves not only through the Asian and we join you in urging Congress to end Pacific American community but through all of Medicare’s discriminatory coverage of men- Wednesday, February 14, 2001 us dedicated to civil rights—and those of us tal illness treatment. Mr. BECERRA. Mr. Speaker, on Saturday I who know our history. Fifty-nine years ago Thank you for your sponsorship of this will enjoy the privilege of joining with citizens after the tragic bombing of Pearl Harbor an most important bill. We look forward to working with you to secure its ultimate en- in Los Angeles at the historic Japanese Amer- entire group of American’s became suspect actment. ican National Museum dedicated in its mission and victims of racial profiling. The only ‘‘evi- Sincerely, to ‘‘remembering our history to better guard dence’’ the United States had against them DANIEL B. BORENSTEIN, M.D., against the prejudice that threatens liberty and was the color of their skin. Unfortunately that President. equality in a democratic society,’’ in com- was enough for President Franklin Roosevelt

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.014 pfrm01 PsN: E14PT1 E180 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 to sign Executive Order 9066. And so without against the same injuries again. That is why 700 communities throughout the United a trial, more than 100,000 people of Japanese my legislation will reauthorize the educational States. June 4th also marks the 21st anniver- descent lost their freedom. It was not until mandate in the 1988 Act which was never ful- sary of the Cancer Hot Line, which has re- 1983 that a Presidential Commission charac- filled. This will etch this chapter of our nation’s ceived more than 125,000 calls from newly di- terized the internment as an act of racism and history in our national conscience for genera- agnosed cancer patients since its inception in wartime hysteria. After all those years the gov- tions to come as a reminder never to repeat 1980. ernment never uncovered even a single case it again. I encourage my colleagues to join me as I of sabotage or espionage committed by an Let us renew our resolve to build a better honor Richard and Annette Bloch and the vol- American of Japanese ancestry during the future for our community through civil rights unteers of the R.A. Bloch Cancer Foundation war. Yet more than 100,000 people had al- and redress as we dedicate ourselves to re- for twenty-one years of steadfast commitment ready lost their freedom as little boys and girls membering how we compromised liberty in the to cancer patients and survivors. wondered behind barbed wires, guarded by past. This will help us to guard it more closely f armed guards, what they had done wrong. In- in the future. I look forward to working with my deed we were troubled by Mr. Lee’s case as colleagues to pass this much needed legisla- HONORING SUSAN B. ANTHONY we remembered what happened 59 years ago. tion. The second part of this year’s Day of Re- f HON. ILEANA ROS-LEHTINEN membrance theme is redress. Truly in order to OF FLORIDA HONORING THE R.A. BLOCH move forward we must address the wounds of IN THE HOUSE OF REPRESENTATIVES the past. After decades of struggle, President CANCER FOUNDATION Wednesday, February 14, 2001 Reagan signed the historic Civil Liberties Act into law that finally gave redress to those who HON. DENNIS MOORE Ms. ROS-LEHTINEN. Mr. Speaker, Susan suffered by our government’s mistakes. OF KANSAS B. Anthony is well remembered as one of our We celebrate this victory even today be- IN THE HOUSE OF REPRESENTATIVES nation’s greatest champions not just of the cause the achievement remains monumental. right of women, but of all Americans. In addi- Wednesday, February 14, 2001 However, we are still only looking over the ho- tion to her work for women’s rights, she was rizon as we look forward to a new day when Mr. MOORE. Mr. Speaker, I rise today to a leading voice speaking out against the evil this chapter of our history is finally brought to honor a family and a foundation that have of slavery. Her work in turning women away a close. The sun has not risen on the new day changed the lives of thousands of cancer pa- from abortion is regarded as one of her most because it has not yet set on the old. There tients in our country—Richard and Annette important contributions. Susan B. Anthony de- is still unfinished work that must be done be- Bloch and the volunteers of the R.A. Bloch clared that amongst her greatest joys was to fore we can move forward into a brighter fu- Cancer Foundation. have helped ‘‘bring about a better state of ture. In 1978, Richard Bloch was told he had ter- things, for mothers generally, so that their un- Last year, I introduced bi-partisan legislation minal lung cancer and that he had 3 months born little ones could not be willed away from in Congress to finish the remaining work of re- to live. He refused to accept this prognosis, them.’’ dress. While most Americans are aware of the and after two years of aggressive therapy, he Today, on the 181st anniversary of her internment of Japanese Americans, few know was told he was cured. death, we honor this great human rights cru- about our government’s activities in other Since Richard’s bout with cancer, he and sader and bring her wisdom to bear on one of countries resulting from prejudice held against his wife Annette have devoted their lives to the great human rights issues of our day—the people of Japanese ancestry. Recorded thor- helping other cancer patients. Richard, one of right of life of the unborn. Susan B. Anthony oughly in government files, the U.S. govern- America’s best known businessmen, sold his was clear: abortion for her was nothing less ment involved itself in the expulsion and in- interest in H&R Block, Inc. and retired from than ‘‘child murder,’’ and she devoted much of ternment of an estimated 2,000 people of Jap- the company in 1982 to be able to devote all her energies toward making women inde- anese descent who lived in various Latin of his efforts to fighting cancer. pendent of what she termed the ‘‘burden’’ of American countries. Uprooted from their The Bloch Cancer Foundation, which is fully abortion. She did so not just because she homes and forced into the United States, supported financially by the Bloch family, is knew abortion to be ‘‘child murder’’, but be- these civilians were robbed of their freedom fueled by over a thousand volunteers—other cause she understood the lasting harm it has as they were kidnapped from nations not even cancer survivors and supporters who share on women. As she noted, abortion could only directly involved in World War II. These indi- the vision of Richard and Annette Bloch, such ‘‘burden her conscience in life and burden her viduals are still waiting for equitable redress, as: soul in death.’’ and justice cries out for them to receive it. Doctors who have shared their time, knowl- Susan B. Anthony fought to lift the unjust That is why today I re-introduced the Wartime edge and expertise; burdens oppressing women, including the bur- Parity and Justice Act of 2001 to finally turn Home volunteers who call newly diagnosed den of abortion. As we celebrate her birthday, the last page in this chapter of our nation’s cancer patients and place the metaphorical let us also recommit ourselves to her goal of history. arm around a shoulder. These home volun- relieving women of the burden of abortion. This bill provides redress to every Japanese teers guide new patients through their appre- f Latin American individual forcibly removed and hension and fears so they can face their dis- interned in the United States. These people ease with confidence; CONGRATULATING TENAFLY MID- paid a tremendous price during one of our na- Computer specialists who have developed DLE SCHOOL ON EFFORTS TO tion’s most trying times. Indeed, America ac- the web sites so patients and survivors can REMOVE LAND MINES complished much during that great struggle. seek help over the Internet; As we celebrate our great achievements as a Volunteers who give their time on a weekly HON. MARGE ROUKEMA nation let us also recognize our errors and join basis to answer phones and e-mail and form OF NEW JERSEY together as a nation to correct those mistakes. the backbone of an organization committed to IN THE HOUSE OF REPRESENTATIVES My legislation is the right thing to do to affirm cancer patients; Wednesday, February 14, 2001 our commitment to democracy and the rule of The professionals and volunteers of the law. Bloch Cancer Support Center; Mrs. ROUKEMA. Mr. Speaker, I thank the In addition, the Wartime Parity and Justice Those who help develop Cancer Survivors students of Tenafly Middle School for the work Act of 2001 provides relief to Japanese Ameri- Parks; they have done to raise money to help rid a cans confined in this country but who never Volunteers who helped to mail more than small Balkan town half a world away of land received redress under the Civil Liberties Act 98,000 books that were requested by cancer mines. The work these students have done is of 1988 given technicalities in the original law. patients; and an outstanding example of humanitarian con- Our laws must always establish justice. They The Board of Directors who help Dick and cern and compassion among amazingly young should never deny it. That is why these provi- Annette develop and implement the programs individuals—these are students in the sixth, sions ensure that every American who suf- of the foundation. seventh and eighth grades. fered the same injustices will receive the same Mr. Speaker, on June 4, 2001, we will cele- The Land Mine Awareness Club grew out of justice. Finally, we come today to remember brate the 16th anniversary of Cancer Survivors a class taught by language arts teacher Mark because through remembrance scars are Day, an event that was started by the Blochs Hyman, called ‘‘Heroes of Conscience’’ and healed and we become more careful to guard in Kansas City and is now celebrated in over aimed at the development of student leaders

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.017 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E181 by focusing on historical figures who were sonnel land mines. A total of 156 nations sup- not eligible to receive VA compensation due to models of compassion and service. Students port a complete ban of land mines, as do illnesses or injuries incurred or aggravated in the class decided two years ago to focus on international leaders such as General Norman during their military careers. In addition to re- the land mine issue, which had been cham- Schwarzkopf, Pope John Paul Il and Bishop ceiving military retirement pay they are able to pioned by Britain’s Princess Diana before her Desmond Tutu. I will continue to work hard to earn additional income through non-military 1998 death. achieve the goal of ridding the globe of this employment and thereby accrue Social Secu- About two dozen students from the class man-made menace. This horror cannot be al- rity or other retirement income benefits. formed the Land Mine Awareness Club, de- lowed to continue. Military retirees who were not so fortunate, signed a multimedia presentation on the world Mr. Speaker, I ask my colleagues in the are required to forfeit a portion or all of their land mine problem, and chose the village of United States House of Representatives to military retirement pay in order to receive serv- Podzvizd in northwestern Bosnia-Herzegovina join me in congratulating these young people ice-connected compensation benefits due to as a ‘‘sister city.’’ The students began taking on the magnanimous humanitarian effort. We illnesses or injuries which were incurred or ag- their presentation to churches, civic groups can all learn from the example offered by gravated during their military careers. Before and other organizations throughout Bergen these youth. If I may quote from the Book of we consider tax relief for our Nation’s wealthi- County, explaining the dangers of land mines Isaiah, ‘‘. . . and a little child shall lead them.’’ est citizens, we should allow military retirees and appealing for donations to help remove f to receive the full amount of the retirement land mines in Podzvizd. benefits they have earned through many years The students soon formed a non-profit orga- VETERANS’ COMPENSATION of devoted military service and compensation nization, Global Care Unlimited Inc., in order EQUITY ACT OF 2001 for illnesses or injuries which were incurred or to collect donations on behalf of Podzvizd. In aggravated during their military careers. These addition to the presentations by the club, the HON. LANE EVANS veterans, as a result of their service-con- school’s 800 students began a campaign of OF ILLINOIS nected medical conditions, face diminished selling paper butterflies—representative of the IN THE HOUSE OF REPRESENTATIVES employment possibilities and therefore a di- deadly ‘‘butterfly’’ model of land mine—that Wednesday, February 14, 2001 minished ability to earn additional income raised $6,000. To date, the students have through civilian employment. They may com- raised a total of approximately $15,000 in do- Mr. EVANS. Mr. Speaker, today, I am intro- pletely lose the opportunity to accrue Social nations. Last week, Global Care signed an ducing H.R. 609, the ‘‘Veterans’ Compensa- Security or other retirement income benefits. agreement with the U.S. State Department, tion Equity Act of 2001’’. This legislation will In general, Social Security disability benefits which will match the private donations dollar provide more equitable treatment to approxi- received by retirees are offset by monies re- for dollar under its Global Humanitarian mately 150,000 older veterans who receive ceived under state Worker’s Compensation Demining Program. In all, $30,000 is now service-connected disability compensation and similar public disability laws. However, the available to remove hundreds of mines from a from the Department of Veterans Affairs and Social Security statute provides that this offset field near a school in Podzvizd. who are also eligible to receive retirement pay ends when the worker attains 65 years of age. Global Care Unlimited declares part of its based upon their military service. Furthermore, while recipients of Social Secu- goal to be ‘‘to develop student leadership po- Under current law, the amount of military re- rity benefits who earn income have their So- tential in the areas of organization, commu- tirement pay received by a military retiree is cial Security benefits reduced as a result of nication and technology in the service of hu- reduced on a dollar-for-dollar basis by the their earnings, this offset is eliminated at re- manitarian ideals.’’ The students participating amount of VA service-connected disability tirement age (currently 65). in this project have, in fact, learned how to es- compensation the military retiree receives. While all veterans who are subject to the tablish a formal, non-profit organization, have This reduction in military retirement pay when concurrent receipt offset are unfairly penal- learned communication skills by working with the military retiree is in receipt of service-con- ized, my bill would begin to rectify the injustice the local media and technological skills in put- nected disability compensation is intended to which falls most heavily on our older veterans. ting together the multimedia presentation used prevent dual compensation. The notion of dual This bill will promote fairness and equity be- in their fund-raising efforts. compensation is simply erroneous. Service- tween military retirees and Social Security re- Special recognition must go to Mr. Hyman, connected disability benefits are paid to com- tirees by eliminating the offset at age 65. a teacher who has made a difference not only pensate a veteran for an injury or illness in- Military retirees who have given so much to in the lives of his own students but for the curred or aggravated during military service. the service of our country and suffered dis- residents of Podzvizd as well. These students Retirement benefits are paid to military retir- ease or disabilities as a direct result of their clearly took to heart the lessons they learned ees who have spent at least 20 years of their military service do not deserve to be impover- in this class and put them to use—in my mind, lives serving our country as members of the ished in their older years by the concurrent re- they have become ‘‘heroes of conscience’’ Armed Forces. These two programs—military ceipt penalty. themselves. retirement pay and service-connected dis- I commend Mr. Bilirakis, an original co- Mr. Speaker, land mines are horrible ability compensation—are completely different sponsor of this bill, for his longstanding efforts enough when used during time of war by sol- programs with entirely different purposes. Pay- to address the problems our military retirees diers of one army against those of another. ments made by these programs are not and experience due to the statutory prohibition on But land mines are unlike other weapons that should not be considered duplicative. concurrent receipt of military retirement pay observe a cease-fire when the war ends. In- The current treatment of military retirees and benefits from the Department of Veterans stead, they lie dormant, their locations often who have service-connected disabilities is sim- Affairs. I urge my colleagues to support this bi- forgotten and difficult to find even if records ply inequitable. A veteran receiving service- partisan effort to promote fairness for our Na- are available. Civilians return to areas that connected disability compensation could be- tion’s older military retirees. were once battlefields and become victims of come eligible for civil service retirement based f land mines even years after a conflict has on his or her subsequent work as a civilian ended. Approximately 110 million live land employee of the federal government. This indi- AMERICAN HEART MONTH mines are estimated to be buried around the vidual, unlike the military retiree, can receive world today and one blows up every 22 sec- the full amount of both of the retirement ben- HON. DAVID E. PRICE onds. Of those injured, 90 percent are civil- efit which has been earned and the service- OF NORTH CAROLINA ians—more than one-third of them children. In connected disability compensation for which IN THE HOUSE OF REPRESENTATIVES nations such as Bosnia-Herzegovina, thou- he or she may be eligible. sands of children with missing limbs are living The ‘‘Veterans’ Compensation Equity Act of Wednesday, February 14, 2001 evidence of the threat posed by land mines. 2001’’ will reduce and then eliminate the offset Mr. PRICE of North Carolina. Mr. Speaker, And thousands of others have died as a result in military retirement benefits for veterans who I want to join my colleagues in recognizing of the mines. are entitled to both military retirement pay and February as American Heart Month. I com- That is why I wrote to President Clinton last service-connected compensation benefits. mend the American Heart Association and year, urging him to join the world effort led by Under this bill the offset will be completely other organizations for their efforts to raise Canada to ban anti-personnel land mines. In eliminated when the retiree reaches age 65. awareness of heart disease. Their work is es- addition, I have co-sponsored the Land Mine In many cases, retired military personnel are sential to reducing the physical, emotional, Elimination Act, which would prohibit federal fortunate enough to have retired from military and economic burden of heart disease on the funds from being spent to deploy new anti-per- service unscathed. These military retirees are American public.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.021 pfrm01 PsN: E14PT1 E182 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 Heart disease remains the number one killer he was never fully trusted because he was a bases of articles intact, but whether authors in America. Currently 20 million Americans are Jew, despite the wide recognition and respect are entitled to compensation for downstream uses of their works. living with some form of this disease. In 1997 he received for his scientific work. In 1975, he The controlling law in this case is 17 U.S.C. alone, over nineteen thousand North Caro- was dismissed from his position and precluded § 201(c) which governs the relationship be- linians died of heart disease. Every American from teaching when his oldest son, Boris, ap- tween freelance authors and publishers of is at risk for heart disease, and most of us plied to leave the Soviet Union. A year later, collective works such as newspapers and have loved ones who have suffered from he fled to Vilnius, Lithuania, waiting for the magazines. Section 201(c) is a default provi- some form of this disease. The financial cost day that he could live in freedom and continue sion that establishes rights when there is no to the American public is immense. Heart dis- his crucial work. The Soviets, however, fer- contract setting out different terms. The ease, together with stroke and other cardio- vently refused to allow his family to emigrate, pertinent language of § 201(c) states that a publisher acquires ‘‘only’’ a limited pre- vascular diseases, are estimated to cost ap- and Professor Gorbis spent the next decade in sumptive privilege to reproduce and dis- proximately $300 billion in medical expenses oblivion, measuring noise in elevator shafts tribute an author’s contribution in ‘‘that and lost productivity in 2001. while his wife suffered from a crippling bone particular collective work, any revision of One way each of us can help reduce the disease. that collective work, and any later collec- number of deaths and disability from heart dis- In 1987, Professor Gorbis and his family tive work in the same series.’’ ease is by being prepared for cardiac emer- were finally allowed to leave the Soviet Union. The Supreme Court’s interpretation of sec- tion 201(c) will have important consequences gencies. Unfortunately, too many Americans He soon settled in southern California with his for authors in the new digital networked en- do not know the warning signs of a heart at- family, where they flourished and became out- vironment. For over 20 years, the Copyright tack. They include uncomfortable pressure, standing citizens. Once again, he was able to Office worked with Congress to undertake a fullness, squeezing or pain in the center of the contribute to science with selfless devotion. I major revision of copyright law, resulting in chest lasting more than a few minutes; pain ask my colleagues to join me in saluting Pro- enactment of the 1976 Copyright Act. That spreading to the shoulder, arm or neck; and fessor Gorbis for his outstanding achieve- Act included the current language of § 201(c), chest discomfort with lightheadedness, faint- ments. His scientific work and his passion for which was finalized in 1965 of interests. Although, in the words of Barbara Ringer, ing, sweating, nausea or shortness of breath. life inspire us all. We thank Professor Gorbis former Register and a chief architect of the If a friend or family member is exhibiting these and wish all the best to him and his family on 1976 Act, the Act represented ‘‘a break with symptoms, you can assist them by recognizing his 75th birthday. the two-hundred-year old tradition that has these signs, being prepared to call 9–1–1, and f identified copyright more closely with the administering CPR if needed. Just knowing publisher than with the author’’ and focused these signs can save your life or the life of A VIEWPOINT ON THE SUPREME more on safeguarding the rights of authors, someone you care about. COURT CASE NY TIMES V. TASINI freelance authors have experienced signifi- cant economic loss since its enactment. This I urge each of us to dedicate ourselves to is due not only to their unequal bargaining learning more about heart disease, how to HON. JAMES P. McGOVERN power, but also to the digital revolution that prevent it, how to recognize it, and what to do OF MASSACHUSETTS has given publishers opportunities to exploit if you suspect that someone is having a prob- IN THE HOUSE OF REPRESENTATIVES authors’ works in ways barely foreseen in lem. In the meantime, Congress must continue 1976. At one time these authors, who received Wednesday, February 14, 2001 its strong commitment to the National Insti- a flat payment and no royalties or other ben- tutes of Health so researchers have the tools Mr. MCGOVERN. Mr. Speaker, I submit for efits from the publisher, enjoyed a consider- necessary to find new ways to treat and cure the RECORD this letter from Marybeth Peters, able secondary market. After giving an arti- the Register of Copyrights at the U.S. Office of cle to a publisher for use in a particular col- this devastating disease. lective work, an author could sell the same f Copyrights, establishing her position on the article to a regional publication, another U.S. Supreme Court Case, NY Times versus newspaper, or a syndicate. Section 201(c) was TRIBUTE TO ZINOVY GORBIS Tasini. intended to limit a publisher’s exploitation REGISTER OF COPYRIGHTS, of freelance authors’ works to ensure that HON. HOWARD L. BERMAN LIBRARY OF CONGRESS, authors retained control over subsequent OF CALIFORNIA Washington, DC, February 14, 2001. commercial exploitation of their works. Congressman JAMES P. MCGOVERN, In fact, at the time § 201 came into effect, IN THE HOUSE OF REPRESENTATIVES Cannon House Office Building, a respected attorney for a major publisher Wednesday, February 14, 2001 Washington, DC. observed that with the passage of § 201(c), au- thors ‘‘are much more able to control pub- Mr. BERMAN. Mr. Speaker, I rise to pay DEAR CONGRESSMAN MCGOVERN: I am re- sponding to your letter requesting my views lishers’ use of their work’’ and that the pub- tribute to Professor Zinovy Gorbis, who will be on New York Times v. Tasini. As you know, lishers’ rights under § 201(c) are ‘‘very lim- celebrating his 75th birthday on March 3. Pro- the Copyright Office was instrumental in the ited.’’ Indeed, he concluded that ‘‘the right fessor Gorbis, a faculty member of UCLA’s 1976 revision of the copyright law that cre- to include the contribution in any revision Mechanical, Aerospace, and Nuclear Engi- ated the publishers’ privilege at the heart of would appear to be of little value to the pub- neering Department, committed his life to the case. I believe that the Supreme Court lisher.’’ Kurt Steele, ‘‘Special Report, Own- studying the properties of solid particles sus- should affirm the decision of the court of ap- ership of Contributions to Collective Works pended in gas or liquid. His contribution to the peals. under the New Copyright Law,’’ Legal Briefs for Editors, Publishers, and Writers field deserves our respect and admiration. He In Tasini, the court of appeals ruled that newspaper and magazine publishers who pub- (McGraw-Hill, July 1978). is a prolific scientist, holding 17 patents and lish articles written by freelance authors do In contrast, the interpretation of § 201(c) authoring three extensive field-defining papers not automatically have the right subse- advanced by publishers in Tasini would give and numerous articles. Long before environ- quently to include those articles in elec- them the right to exploit an article on a mental concerns led to the intensive study of tronic databases. The publishers, arguing global scale immediately following its initial aerosols, Professor Gorbis identified gas/liq- that this ruling will harm the public interest publication, and to continue to exploit it in- uid-solid systems as the 5th state of matter. by requiring the withdrawal of such articles definitely. Such a result is beyond the scope from these databases and irreplaceably de- of the statutory language and was never in- His ideas on the unique properties of gas solid tended because, in a digital networked envi- systems continue to influence and direct re- stroying a portion of our national historic record, successfully petitioned the Supreme ronment, it interferes with authors’ ability search throughout the world. Court for a writ of certiorari. to exploit secondary markets. Acceptance of Despite the countless number of hours The freelance authors assert that they this interpretation would lead to a signifi- spent researching, Professor Gorbis still found have a legal right to be paid for their work. cant risk that authors will not be fairly com- time for his family. And he rarely passed up I agree that copyright law requires the pub- pensated as envisioned by the compromises an opportunity to dance or play chess. Per- lishers to secure the authors’ permission and reached in the 1976 Act. The result would be haps as well as anyone else, he has always compensate them for commercially exploit- an unintended windfail for publishers of col- lective works. understood the importance of life’s simple ing their works beyond the scope of section treasures. Indeed, his passion for life helped 201(c) of the Copyright Act. And I reject the THE PUBLIC DISPLAY RIGHT publishers’ protests that recognizing the au- Section 106 of the Copyright Act, which him overcome formidable tribulations that most thors’ rights would mean that publishers enumerates the exclusive rights of copyright of us could not possibly imagine, As a teen- would have to remove the affected articles owners, includes an exclusive right to dis- ager, he fled to the Soviet Union after German from their databases. The issue in Tasini play their works publicly. Among the other troops invaded his home and he experienced should not be whether the publishers should exclusive rights are the rights of reproduc- firsthand the horrors of war. As he grew older, be enjoined from maintaining their data- tion and distribution. The limited privilege

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.023 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E183 in § 201(c) does not authorize publishers to in some situations.’’ H.R. Rep. No. 89-2237, at ferent collective works obliterates the rela- display authors’ contributions publicly, ei- 55 (1966). tionship, or selection, of any particular ther in their original collective works or in Thus, § 201(c) cannot be read as permitting group of articles that were once published any subsequent permitted versions. It refers publishers to make or authorize the making together in any original collective work. only to ‘‘the privilege of reproducing and dis- of public displays of contributions to collec- REMEDIES tributing the contribution.’’ Thus, the plain tive works. Section 201(c) cannot be read as Although the publishers and their sup- language of the statute does not permit an authorizing the conduct at the heart of porters have alleged that significant losses interpretation that would permit a publisher Tasini. in our national historic record will occur if to display or authorize the display of the The publishers in Tasini assert that be- the Second Circuit’s opinion is affirmed, an contribution to the public. cause the copyright law is ‘‘media-neutral,’’ injunction to remove these contributions The primary claim in Tasini involves the the § 201(c) privilege necessarily requires from electronic databases is by no means a NEXIS database, an online database which that they be permitted to disseminate the required remedy in Tasini. Recognizing that gives subscribers access to articles from a authors’ articles in an electronic environ- freelance contributions have been infringed vast number of periodicals. That access is ment. This focus on the ‘‘media-neutrality’’ does not necessarily require that electronic obtained by displaying the articles over a of the Act is misplaced. Although the Act is databases be dismantled. Certainly future computer network to subscribers who view in many respects media-neutral, e.g., in its additions to those databases should be au- them on computer monitors. NEXIS indis- definition of ‘‘copies’’ in terms of ‘‘any meth- thorized, and many publishers had already putably involves the public display of the au- od now known or later developed’’ and in started obtaining authorization even before thors’ works. The other databases involved § 102’s provision that copyright protection the decision in Tasini, in the case, which are distributed on CD– subsists in works of authorship fixed in ‘‘any ROMs, also (but not always) involve the pub- It would be more difficult to obtain per- tangible medium of expression,’’ the fact re- mission retroactively for past infringements, lic display of the works. Because the indus- mains that the Act enumerates several sepa- try appears to be moving in the direction of but the lack of permission should not require rate rights of copyright owners, and the pub- issuance of an injunction requiring deletion a networked environment, CD–ROM distribu- lic display right is independent of the repro- tion is likely to become a less significant of the authors’ articles. I share the concern duction and distribution rights. The media- that such an injunction would have an ad- means of disseminating information. neutral aspects of the Act do not somehow The Copyright Act defines ‘‘display’’ of a verse impact on scholarship and research. merge the separate exclusive rights of the However, the Supreme Court, in Campbell work as showing a copy of a work either di- author. rectly or by means of ‘‘any other device or versus Acuff-Rose Music, Inc., and other REVISIONS OF COLLECTIVE WORKS process.’’ The databases involved in Tasini courts have recognized in the past that clearly involve the display of the authors’ Although § 201(c) provides that publishers sometimes a remedy other than injunctive works, which are shown to subscribers by may reproduce and distribute a contribution relief is preferable in copyright cases to pro- means of devices (computers and monitors). to a collective work in three particular con- tect the public interest. Recognizing au- To display a work ‘‘publicly’’ is to display texts, the publishers claim only that their thors’ rights would not require the district ‘‘to the public, by means of any device or databases are revisions of the original collec- court to issue an injunction when the case is process, whether the members of the public tive works. remanded to determine a remedy, and I capable of receiving the performance or dis- Although ‘‘revision’’ is not defined in Title would hope that the Supreme Court will play receive it in the same place or in sepa- 17, both common sense and the dictionary state that the remedy should be limited to a rate places and at the same time or at dif- tell us that a database such as NEXIS, which monetary award that would compensate the ferent times.’’ The NEXIS database permits contains every article published in a mul- authors for the publishers’ past and con- individual users either to view the authors’ titude of periodicals over a long period of tinuing unauthorized uses of their works. Ul- works in different places at different times time, is not a revision of today’s edition of timately, the Tasini case should be about or simultaneously. The New York Times or last week’s Sports how the authors should be compensated for This conclusion is supported by the legisla- Illustrated, A ‘‘revision’’ is ‘‘a revised the publishers’ unauthorized use of their tive history. The House Judiciary Com- version’’ and to ‘‘revise’’ is ‘‘to make a new, works, and not about whether the publishers mittee Report at the time § 203 was finalized amended, improved, or up-to-date version must withdraw those works from their data- referred to ‘‘sounds or images stored in an of’’ a work. Although NEXIS may contain all bases. information system and capable of being per- of the articles from today’s New York Times, Sincerely, formed or displayed at the initiative of indi- they are merged into a vast database of un- MARYBETH PETERS, vidual members of the public’’ as being the related individual articles. What makes to- Register of Copyrights. type of ‘‘public’’ transmission Congress had day’s edition of a newspaper or magazine or f in mind. any other collective work a ‘‘work’’ under When Congress established the new public the copyright law—its selection, coordina- HONORING REVEREND WENDY display right in the 1976 Act, it was aware tion and arrangement—is destroyed when its WARD BILLINGSLEA that the display of works over information contents are disassembled and then merged networks could displace traditional means of into a database so gigantic that the original reproduction and delivery of copies. The 1965 collective work is unrecognizable. As the HON. ILEANA ROS-LEHTINEN Supplementary Report of the Register of court of appeals concluded, the resulting OF FLORIDA Copyrights, a key part of the legislative his- database is, at best, a ‘‘new anthology,’’ and IN THE HOUSE OF REPRESENTATIVES tory of the 1976 Act, reported on ‘‘the enor- it was Congress’s intent to exclude new an- mous potential importance of showing, rath- thologies from the scope of the § 201(c) privi- Wednesday, February 14, 2001 er than distributing copies as a means of dis- lege. It is far more than a new, amended, im- Ms. ROS-LEHTINEN. Mr. Speaker, I ask seminating an author’s work’’ and ‘‘the im- proved or up-to-date version of the original that my colleagues join me in extending deep plications of information storage and re- collective work. gratitude to The Reverend Wendy Ward trieval devices; when linked together by The legislative history of § 201(c) supports communications satellites or other means,’’ this conclusion. It offers, as examples of a re- Billingslea for her many years of service to St. they ‘‘could eventually provide libraries and vision of a collective work, an evening edi- Thomas Episcopal Parish School and Church. individuals throughout the world with access tion of a newspaper or a later edition of an Mother Wendy has blessed South Florida to a single copy of a work by transmission of encyclopedia. These examples retain ele- with her tireless devotion as a preacher, pas- electronic images.’’ It concluded that in cer- ments that are consistent and recognizable toral counselor, and teacher. At St. Thomas tain areas at least, ‘‘ ‘exhibition’ may take from the original collective work so that a Episcopal Parish, where Mother Wendy over from ‘reproduction’ of ‘copies’ as the relationship between the original and the re- worked as an associate rector for the last five means of presenting authors’ works to the vision is apparent. Unlike NEXIS, they are years, she demonstrated her strong dedication recognizable as revisions of the originals. public.’’ The Report also stated that ‘‘in the to the children of our community as she in- future, textual or notated works (books, ar- But as the Second Circuit noted, all that is ticles, the text of the dialogue and stage di- left of the original collective works in the stilled within them her passion for academics rections of a play or pantomime, the notated databases involved in Tasini are the authors’ and for traditional family values. Mother score of a musical or choreographic composi- contributions. Wendy continues to be a positive role model tion etc.) may well be given wide public dis- It is clear that the databases involved in for all present and former students at St. semination by exhibition on mass commu- Tasini constitute, in the words of the legisla- Thomas Episcopal School and she embodies nications devices.’’ tive history, ‘‘new,’’ ‘‘entirely different’’ or community leadership as she ministers to a When Congress followed the Register’s ad- ‘‘other’’ works. No elements of arrangement congregation of 1500 members. vice and created a new display right, it spe- or coordination of the pre-existing materials cifically considered and rejected a proposal contained in the databases provide evidence The St. Thomas Episcopal family will suffer by publishers to merge the display right with of any similarity or relationship to the origi- a great loss with Mother Wendy’s departure, the reproduction right, notwithstanding its nal collective works to indicate they are re- but we wish her well on her new calling as the recognition that ‘‘in the future electronic visions. Additionally, the sheer volume of ar- spiritual leader at St. Andrew’s Episcopal images may take the place of printed copies ticles from a multitude of publishers of dif- Church in Greensboro, North Carolina.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.026 pfrm01 PsN: E14PT1 E184 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 Mother Wendy and her family, Art, Lauren, Congressman Dellums to investigate labor and which was attended by seventeen members of Kristin and Katie, have all played an important safety issues related to the protracted Summit Congress and more than five hundred people. role in the life and ministry of St. Thomas. Hospital strike. The hearings contributed to a Roberta is best known for her sound advice. Mr. Speaker, I ask that my colleagues join resolution of the strike and led to a more re- Ron Dellums has said, ‘the only reason I did me in extending best wishes to Mother Wendy sponsive board which included additional com- anything was because Roberta Brooks told me and in thanking her for the many ways in munity members. to.’ While her political judgement was always which she has touched the lives of South Flo- Roberta’s commitment to ‘‘free speech’’ and thorough and thoughtful, her message to ridians. community supported radio led her to serve on young people was even more profound. f the local advisory board of KPFA radio for a To young men and women she says, ‘‘work number of years and on the national Pacifica for someone whose politics you share be- HONORING THE CONTRIBUTIONS Board of Directors for nine years. cause the work is very intense and it is very OF ROBERTA CHEFF BROOKS When the 1993 Base Realignment and Clo- important that you believe in what you are sure Commission slated Oak Knoll Naval Hos- doing.’’ She tells them that she has been so HON. BARBARA LEE pital, Alameda Naval Station and Naval Re- blessed in her work life to have been able to OF CALIFORNIA work facility, as well as, the Public Works go to work every day believing in what she is IN THE HOUSE OF REPRESENTATIVES Center located at Naval Supply Center, Oak- doing, believing she is making a difference land for closure, Roberta joined Sandre Swan- and that her work is consistent with her own Wednesday, February 14, 2001 son in establishing the East Bay Conversion political beliefs. She says that is the best work Ms. LEE. Mr. Speaker, I want to bring to the and Reinvestment Commission. That Commis- a person can have. attention of my colleagues the contributions of sion then proceeded to help establish the Ala- Throughout Roberta’s career, her profes- a great public servant, Roberta Cheff Brooks, meda and Oakland Reuse authorities—public sionalism was distinguished with honesty and on the occasion of her retirement from service bodies on which Roberta served as an alter- integrity. I always knew that I could rely on her to the House of Representatives and to the nate and then later as a principal commis- advice and suggestions because she used her constituents of the 9th District of California. On sioner. These organizations focused on base mind, heart and soul in decision making. Be- February 22nd, after more than 30 years in conversions and provided oversight on reuse cause of this, the 9th Congressional District the United States Congress, Roberta will retire plans to convert the military bases to peace- has been served with distinction and with from her position as my District Director in our time operations. grace. Roberta’s forthrightness was appre- Oakland District office. She will be greatly Throughout the base conversion process, ciated by everyone. I particularly appreciated missed. Roberta’s emphasis remained on the human her tremendous clarity and directness. Roberta, a native of Wilmington, Delaware resources component—job creation for work- Roberta is an American of the finest caliber received her Bachelor of Arts from Smith Col- ers; working to establish the homeless col- and this institution will miss her greatly. As lege in 1964. She moved to Berkeley, Cali- laborative which worked with both reuse au- Roberta transitions onto new experiences and fornia in 1967 and became very active in local thorities to create a process which HUD has challenges, we all cheer for her future and and anti-war politics. described as a model for accommodating the success. She began her tenure with the House of homeless in base closure; working hard with f Representatives in 1971 by working for my the community advisory groups; and working HONORING SCHOOL NURSES former boss, colleague and friend Congress- with public benefit conveyances. Roberta cites man Ron Dellums. Roberta served as a liaison this as an extremely important part of her work between the Berkeley Coalition and the Del- especially since it was so creative, estab- HON. TOM UDALL OF NEW MEXICO lums for Congress campaign in 1970. Fol- lishing policies and procedures for base clo- IN THE HOUSE OF REPRESENTATIVES lowing that successful campaign, she was sure. She assisted in developing a way to asked to work for the new Congressman Ron ‘‘sell’’ the federal worker to private industry, Wednesday, February 14, 2001 Dellums in his district office on constituent af- and other important projects. Mr. UDALL of New Mexico. Mr. Speaker, fairs. Roberta has worked closely with all of the today I share with my colleagues the deep re- Roberta was a strong voice in the anti-Viet- community health clinics in the district; Chabot spect and admiration that I have for our na- nam War movement. While she worked hard Observatory; the Ed Roberts Campus at tion’s school nurses. As you may know, Janu- to serve as an active voice for constituent’s of Ashby BART station; HIV/AIDS; Cuba; issues ary 6th was National School Nurse Day, and the 9th District, she remained active in local related to the elderly; and many others. She I used that opportunity to extend recognition to politics through the April Coalition and later served on both Congressman Dellums’ and those who provide medical care for our chil- through Berkeley Citizens’ Action. Congresswoman BARBARA LEE’S political advi- dren in New Mexico’s schools. Roberta’s commitment to her community ex- sory boards throughout her career. As health care professionals, school nurses panded as she became deeply involved with Her casework load has focused on Federal serve a unique role in our education system. local boards and organizations, as well as, ad Workers compensation; Office of Personnel They witness suffering and do their best to hoc groups that included the following: Oak- Management (which was known as the Civil calm and help our students. Nurses bring their land Perinatal Project (which was the pre- Service Commission), and at other times, So- professional skills to bear, but they also bring cursor of the East Bay Perinatal Council) and cial Security and EEOC. She has served thou- their compassion and knowledge to help those the Coalition to Fight Infant Mortality. With sands of constituents for Congressman Del- at their most vulnerable. I believe that the con- these affiliations, she helped organize ad hoc lums and Congresswoman BARBARA LEE. tribution school nurses make to our students hearings on infant mortality, which Congress- When Congressman Dellums retired in Feb- and schools is often overlooked. man Dellums chaired as the Chairman of the ruary of 1998, Roberta continued her Con- Recently, I have been in touch with several D.C. Committee. gressional career with me in April of that same school nurses, administrators, and others who Roberta was a cofounder of the California year. She became my District Director and have taken the time to inform me about the Health Action Coalition which worked diligently was the first female District Director in the his- unique challenges that our rural health care on the bill Congressman Dellums introduced tory of the 9th Congressional District. Every school nurses face. Many of my colleagues calling for a National Health Service. She was member will attest that having a staff member would be surprised to learn that many schools also part of a national coalition for a National with the ability to develop expertise quickly in rural New Mexico do not have full-time Health Service and helped organize national and thoroughly on a wide range of issues is nurses. groups working in several cities in the country extremely valuable. With Roberta on my team, Mr. Speaker, I would like to honor the to garner support for the bill. I knew that I was getting the best political ad- school nurses that serve McKinley County of She helped organize hearings on homeless- vice in order to make competent legislative my home state. These health care profes- ness which Congressman Dellums chaired in and policy decisions. sionals deserved to be recognized for their Oakland. She served on the advisory board of Roberta represented me well on many contributions: Regina Belmont, E.J. Charles, Legal Assistance for Seniors for many years. issues and continued to handle some case- Anna Chavez, Veronica Chavez, Lynne She was also on the Board of the Coalition for work as well as extensive issues related to Dennison, Allison Kozeliski, Sara Landavazo, the Medical Rights of Women and the base closures, health, and homelessness. She Barbara Lope, Phyllis Lynch, Esther Saucedo, Perinatal Health Rights Committee. helped coordinate a major Housing Summit Pam Smith, Camille Quest, and Nancy Roberta organized hearings chaired by Con- which was sponsored by the Congressional VanDipien. They have difficult jobs and I want gressman LANTOS who came at the request of Black Caucus Foundation in August 2000 to commend them for their service.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.028 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E185 I would also like to recognize Cynthia good friend. Mescal Hornbeck is a most de- and if there are obvious improvements that Greenberg, who is the president of the New serving honoree and I applaud the creation of could be made to this bill, why is the Repub- Mexico School Nurses Association, for her Woodstock’s ‘‘Mescal Appreciation Day.’’ lican Leadership rushing this bill through the commitment to our schools and students. f House? In closing, I want to thank all the school The answer is obvious. When the Repub- nurses in New Mexico and around the country SOCIAL SECURITY AND MEDICARE lican Leadership brings the President’s tax cut for their enthusiasm and dedication. I call on LOCK-BOX ACT OF 2001 to the House floor later this year, it wants to my colleagues to join me in thanking them for be able to claim that ‘‘Republicans protected SPEECH OF their valuable work. Social Security and Medicare,’’ regardless of f HON. SHEILA JACKSON-LEE the price tag for that tax cut and regardless of OF TEXAS how much it drained away resources needed CLINTON EXECUTIVE ORDERS IN THE HOUSE OF REPRESENTATIVES for other priorities. CONTINUE TO KILL IDAHO JOBS It is one thing to claim that you have pro- Tuesday, February 13, 2001 tected Social Security and Medicare, but it is HON. C.L. ‘‘BUTCH’’ OTTER Ms. JACKSON-LEE of Texas. Mr. Speaker, quite another to actually do it. Despite the as- OF IDAHO I rise in support of H.R. 2, The Social Security sertions that Republicans make about this bill, IN THE HOUSE OF REPRESENTATIVES and Medicare Lockbox Act of 2001, that seeks the President’s tax plan could easily dip into to amend the Congressional Budget Act of the Social Security and Medicare surpluses. Wednesday, February 14, 2001 1974 to prevent the surpluses of the Social All it would take is for the Rules Committee to Mr. OTTER. Mr. Speaker, yesterday one of Security and Medicare Part A, Federal Hos- waive the points of order contained in this bill. the largest and most well known employers in pital Insurance Trust Fund from being used for Indeed, it is not Democrats here in the Idaho—Boise Cascade—announced plans to any purpose other than providing retirement House who need to be persuaded about set- close two lumber mills in the First District of and health security. ting aside Social Security and Medicare sur- Idaho, located in Cascade and Emmett. As a Mr. Speaker, during the 106th Congress, pluses. Democrats here in the House voted in result, almost 400 of my constituents will lose the House passed not one, but two, ‘‘lock favor of a Social Security and Medicare lock their jobs. Many of these people have worked boxes.’’ On May 26, 1999, the House passed box in overwhelming numbers in the last Con- in the forest industry all of their lives. H.R. 1259, the ‘‘Social Security and Medicare gress and will vote in favor of one again Yesterday, I contacted the CEO of Boise Safe Deposit Box Act of 1999,’’ which set today. Cascade about this unfortunate turn of events. aside just the Social Security surplus, by a The people who need to be persuaded He advised that the Clinton Administration’s vote of 416 to 12 and on June 20, 2000, the about setting aside Social Security and Medi- last minute executive orders squeezed their House passed H.R. 3859, the ‘‘Social Security care surpluses are Republicans, both in the supply by shutting off access to thousands of and Medicare Safe Deposit Box Act of 2000,’’ other body and in the White House. acres of productive forest areas, and pre- which set aside both the Social Security and Mr. Speaker, even President Bush’s chief vented any reasonable chance to harvest the Medicare surplus, by an even wider mar- economic advisor, Larry Lindsey, when asked enough to keep their operations going. gin—420 to 2. Yet, even though neither of whether the government should dip into the I’m pleased that the Bush Administration those bills became law, we still managed to Social Security surplus to make room for tax has pledged to review these damaging execu- protect both the Social Security surplus and cuts that he thinks might stimulate the econ- tive orders. But reviewing them may not be the Medicare surplus. omy, responded: ‘‘It’s a question that needs to enough. Not only is the Republican Leadership cov- be asked,’’ and OMB Director Mitch Daniels, I hope that the Bush Administration is just ering the same ground by bringing up this bill when asked whether Medicare should get the as aggressive with their use of executive or- today, it is also making the same mistakes same protection in terms of its surplus as So- ders as the Clinton Administration—in a way that it made in the past. cial Security, said: ‘‘I don’t agree . . . We that protects the environment, the forests, and Just as with both ‘‘lock boxes’’ from the could allow the concept of a Medicare surplus the livelihoods of our Idaho families and rural 106th Congress, the bill before the House which exists in Part A, but not en toto, to ob- areas. today has not been considered by any of the scure the need for real reform to which this f Committees of jurisdiction, thereby denying administration will be committed as a fairly Members the opportunity to debate and to im- early priority. So for that reason I would be TRIBUTE TO MESCAL HORNBECK prove the bill. very hesitant to treat those funds in the same Just as with both ‘‘lock boxes’’ from the way as we do Social Security where I think it’s HON. MAURICE D. HINCHEY 106th Congress, the bill before the House quite in order.’’ OF NEW YORK today does nothing to improve the long-term Furthermore, according to a Wall Street IN THE HOUSE OF REPRESENTATIVES solvency of either Social Security or Medicare. Journal article from February 5, 2001, ‘‘The Certainly, it is critical to ensure that these sur- Bush administration also won’t wall off Medi- Wednesday, February 14, 2001 pluses are not used to finance a huge tax cut care’s current surpluses in a ‘‘lockbox’ ... In Mr. HINCHEY. Mr. Speaker, while I often or to fund spending on other programs. How- fact, Mr. Daniels said he has told his staff not have the privilege of congratulating out- ever, strengthening Social Security and Medi- to talk about a Medicare surplus.’’ standing members of our community, I rarely care requires more than simply protecting the In addition, according to BNA’s Daily Report have the honor of recognizing an individual as surpluses they already possess. It requires ac- for Executives (February 7, 2001), Senate Ma- distinguished as Mescal Hornbeck. Through tually adding to those surpluses, but this bill jority Leader TRENT LOTT has yet to make a her work as nurse, teacher, community leader would not add a single dollar to either the So- commitment to a Medicare lock-box, sug- and town councilperson, Mescal has dedicated cial Security Trust Funds or the Medicare gesting ‘‘ ‘We’re going to think that through’ her life to helping others. Trust Fund. before deciding whether to back the Medicare Mescal was instrumental in the development Just as with both ‘‘lock boxes’’ from the lockbox measure . . .’’ of the Woodstock Senior Recreation Com- 106th Congress, the bill before the House Mr. Speaker, Democrats strongly support mittee, which continues to provide enjoyment today will not protect Social Security and setting aside the Social Security and Medicare for our senior citizens. Mescal’s leadership Medicare surpluses nearly as stringently as surpluses, but we also understand that doing with Meals on Wheels of Woodstock and the the Republican Leadership would have you that alone is not enough. Both programs need Woodstock Community Center is commend- believe. Like its predecessors, this vaunted more resources. Unfortunately, once the Presi- able and reflects her life-long commitment to lock box can be ‘‘unlocked’’ by any bill that de- dent’s tax plan moves through Congress, it will community service. I am particularly grateful fines itself as either ‘‘Social Security reform likely consume all available budget surpluses. for Mescal’s involvement with the Woodstock legislation’’ or ‘‘Medicare reform legislation.’’ We can not afford to squander the oppor- Chapter of Citizens for Universal Health Care This means that any bill, including bills to pri- tunity that budget surpluses provide. Demo- where she is a tireless advocate for health vatize Social Security or Medicare, can use crats favor a tax cut, but one that is enacted care reform. the Social Security and Medicare surpluses as within a fiscally responsible framework. Tax I have been fortunate to know and work with long as it designates itself as ‘‘reform.’’ cuts should leave room for priorities like debt Mescal and have always found her to be ex- Mr. Speaker, if we have already reached an reduction, education, transportation, a bipar- tremely devoted to improving our community agreement about the necessity of protecting tisan program for defense, and strengthening and our country. I am proud to call her my the Social Security and Medicare surpluses Social Security and Medicare, including the

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.030 pfrm01 PsN: E14PT1 E186 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 addition of coverage for medicines. We can Mr. Speaker, I hope you and our colleagues We all agree that our education system not afford to completely drain budget sur- will join me in congratulating these students, must leave no child behind. As we try to pluses to finance an enormous tax cut, instead along with all of the Prudential Spirit of Com- achieve this goal through strengthening and of using them to address the challenges that munity awardees throughout the country. reforming our educational system, we must the nation faces. f keep in mind their most important compo- nent—the teachers. f INTRODUCTION OF THE TEACHER CELEBRATING STUDENT TAX CREDIT ACT f VOLUNTEERS HON. ROBERT C. SCOTT RECOGNIZING THE 5TH ANNUAL HON. JIM LANGEVIN OF VIRGINIA FAST OF REVEREND RONALD I. OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES SCHUPP ON TIBETAN NATIONAL IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2001 DAY, 2001 Wednesday, February 14, 2001 Mr. SCOTT. Mr. Speaker, I rise today to in- Mr. LANGEVIN. Mr. Speaker, I wish today troduce the bipartisan ‘‘Teacher Tax Credit HON. JANICE D. SCHAKOWSKY to congratulate several young students from Act’’ which gives a $1,000 tax credit to eligible OF ILLINOIS my district who have achieved national rec- public school teachers to defray qualified costs IN THE HOUSE OF REPRESENTATIVES ognition for performing outstanding volunteer for classroom expenses, professional develop- service in their communities. Rochelle Cotton ment expenses, and interest paid on certain Wednesday, February 14, 2001 of East Greenwich and Michelle Wheelock of education loans. A similar bill, S. 225, has Ms. SCHAKOWSKY. Mr. Speaker, I wish North Kingstown have been named as my been introduced in the Senate by my Virginia today to inform my colleagues that on March state’s top honorees, and Claire Berman of colleague Senator JOHN WARNER. 10, 2001, which is Tibetan National Day, one North Kingstown is a state finalist in the 2001 I think that most people would agree that of my constituents, Reverend Ronald I. Prudential Spirit of Community Awards pro- America’s teachers did not enter the profes- Schupp will begin his fifth annual 24-hour fast gram. This is an annual honor that is con- sion because they thought that the pay would to call attention to China’s occupation of Tibet. ferred on the most impressive student volun- be good. They teach for far more altruistic rea- Reverend Schupp will be sending a message teers around the country. sons: to educate our children and make a last- Miss Cotton is a junior at East Greenwich ing difference in their lives. I’m sure that every to the People’s Republic of China to free Tibet High School and was recognized for founding one of us can remember at least one teacher and allow for displaced Tibetans to return to the Rhode Island Student Alliance. This stu- who changed our lives for the better. their homeland. dent-run non-profit organization identifies Despite the important role that teachers play The 14th Dalai Lama was forced to leave issues that affect teenagers in the community in our children’s lives, elementary and sec- Tibet in 1959 and is still working for a just out- and attempts to find solutions. Miss Cotton ex- ondary school teachers remain underpaid, come to China’s occupation of Tibet. In 1989, panded the program to the entire state, per- overworked, and all too often under-appre- the Dalai Larna was awarded the Nobel Peace sonally presenting her idea to the principals of ciated. Many teachers spend significant Prize for his ongoing efforts to focus attention each high school. Representatives from every amounts of their own money on expenses that on this subject. school in Rhode Island now meet monthly to improve our children’s education, both directly I respect the efforts of Reverend Schupp work on a variety of projects, such as curbing and indirectly. Teachers often spend their own and wish him well in his efforts on behalf of youth violence and creating an advice book for money to buy learning materials for their the people of Tibet. high school freshmen. Miss Cotton is pleased classrooms such as books, supplies, pens, that students can now come together for co- paper, and even computer equipment. They f operation rather than competition. also have professional development expenses Miss Wheelock is currently in the seventh that indirectly benefit our children by insuring 181ST ANNIVERSARY OF SUSAN B. grade at Wickford Middle School. She was that they will be taught by qualified, competent ANTHONY honored for her work with seniors at a local people who know the latest teaching tech- nursing home. Motivated by the opportunity to niques. HON. JO ANN DAVIS All of these expenses benefit students in the ‘‘brighten up the day of every resident I met,’’ OF VIRGINIA Miss Wheelock never tires of trying to improve classroom either through better classroom ma- the lives of her new friends. Throughout her terials or through better teachers, and that IN THE HOUSE OF REPRESENTATIVES service with seniors, she always strives to un- which benefits America’s students benefits all Wednesday, February 14, 2001 derstand what they are going through and lis- of us. Why do our teachers have to spend Mrs. DAVIS of Virginia. Mr. Speaker, I ten to their concerns. Miss Wheelock plans to their own money on things that benefit all of would like to bring attention to and commemo- continue volunteering at the nursing home for us? Simply put, because current school budg- rate tomorrow’s 181st anniversary of the birth as long as she can, sharing her happiness ets are not adequate to meet the costs of edu- of Susan B. Anthony. This anniversary is a with her new friends. cating our children. Our teachers have Miss Berman is a junior at North Kingstown stepped in to fill the gap with their own money. good time to remember her lifelong work for High School, who was instrumental in the col- Current tax law provides that teachers can women’s rights, her opposition to slavery, and lection of more than 840 cans of food for the deduct some of these expenses. There are work that changed the course of this nation. North Kingstown Food Pantry. She accom- several impediments to using this deduction, And it is a good time to remember, or per- plished this by organizing a competition where however, that result in few teachers actually haps, recover, another very important aspect students competed to construct four-foot ‘‘Em- realizing any benefit: teachers must itemize of her legacy in promoting equal rights for all. pire State Buildings’’ out of canned goods that their returns, classroom and professional de- I refer to Susan B. Anthony’s pro-life legacy in were then donated to the pantry. velopment deductions have to exceed 2 per- calling for equal rights for both women and These three students are examples for all cent of their incomes, and student loan inter- their unborn children. our young people. Given the growing trend of est is deductible only for the first 60 months In fact, Susan B. Anthony considered oppo- Americans being less involved in community after graduation and is subject to an income sition to abortions as part and parcel of her activity than they once were, it is important to phase-out. work to promote women’s rights. Anthony encourage the kind of dedicated service In order to better help teachers defray these branded abortion, ‘‘child murder,’’ and believed shown by these three young women. They are costs, I am introducing this bill with my good women turned to it only because of their treat- inspiring role models for us all. friend and Virginia colleague, Senator JOHN ment as second class citizens. She called for Miss Cotton, Miss Wheelock and Miss Ber- WARNER, who is the primary sponsor for this ‘‘prevention, not punishment,’’ for the abortion man should be extremely proud to be chosen legislation in the Senate. Our bill would ensure problem of her day, and believed the best way for this honor out of a group of such motivated that qualifying teachers would not have to to prevent abortion was to promote the dignity volunteers. I would like to honor these young itemize their deductions or exceed the 2 per- and equality of women. citizens for their initiative in bettering their cent floor to receive the credit. Teachers More than a century later, ‘‘prevention, not communities. They are truly extraordinary in would not be phased out of the student loan punishment’’ remains a sound strategy for all their level of commitment, and they deserve interest benefit based on income level, and those who would promote the rights of both the admiration and respect of us all. there would be no 60 month limitation. women and unborn children.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.033 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E187 OSTEOPOROSIS FEDERAL EM- combating heart disease. Clearly, all citizens of extended hearings and proceedings to de- PLOYEE HEALTH BENEFITS should ‘‘Be Prepared for Cardiac Emer- termine whether or not such illnesses and dis- STANDARDIZATION ACT gencies. Know the signs of cardiac arrest. Call abilities are work related. 9–1–1 immediately. Give CPR.’’ In addition to the expense, these pro- HON. CONSTANCE A. MORELLA Paralysis, weakness, decreased sensation, ceedings frequently become adversarial, un- OF MARYLAND numbness, tingling, decreased vision, slurred necessarily creating tension between the em- IN THE HOUSE OF REPRESENTATIVES speech or the inability to speak, loss of mem- ployer and employee and ultimately affecting ory and physical coordination, difficulty swal- the delivery of public safety services. Wednesday, February 14, 2001 lowing, lack of bladder control, mental capacity Finally—and perhaps most importantly to Mrs. MORELLA. Mr. Speaker, I rise today to declines, mood changes, dysfunctional, uncon- the law enforcement officer involved—the ad- introduce the Osteoporosis Federal Employee trollable, and unpredictable movement, short- ministrative process delays the treatments for Health Benefits Standardization Act of 2001. ness or loss of breath, fainting, and fatigue are which he or she will eventually be qualified. This much needed legislation will provide the all signs associated with cardiac arrest. Since heart diseases and lung disorders are same consistency of osteoporosis coverage Immediate response to signs of cardiac ar- almost always deemed to be occupational dis- for our Federal employees and retirees as rest is imperative as seconds and minutes eases as a result of the administrative proc- Congress approved for Medicare in the Bal- make the difference between life, the quality of ess, the proceedings simply waste time and anced Budget Act of 1997. life, and death. Every 29 seconds, someone in money. Instead of a comprehensive national cov- America suffers a heart attack, and every 60 The Law Enforcement Officers’ Health Act erage policy, FEHBP leaves it to each of the seconds someone dies as a result of the does not impose a new federal mandate on over 350 participating plans to decide who is same. While we have the luxury of emergency states or otherwise interfere with states’ rights. eligible to receive a bone mass measurement ambulatory responses as a result of 9–1–1, if Instead, it would require states to adopt this and what constitutes medical necessity. A sur- we act while waiting on trained professionals policy in order to receive the full amount for vey of the 19 top plans participating in FEHBP to arrive, we can make a meaningful dif- which it is eligible under the Justice Depart- indicate that many plans have no specific ference. For this reason, we should all encour- ment’s Local Law Enforcement Block Grant rules to guide reimbursement and instead age broader knowledge of CPR. Program. The award will be reduced by 10 cover the tests on a case-by-case basis. Sev- As medical professionals have said, when percent if the state fails to adopt this presump- eral plans refuse to provide consumers infor- the heart is under attack, blood is not flowing tion. A similar reduction with regard to a mation indicating when the plan covers the to parts of the body, such as the brain, that state’s policy on health benefits for officers in- test and when it does not. Some plans cover solely rely on it for functioning, and permanent jured on the job has been in the law for sev- the test only for people who already have damage to the brain can occur if blood flow is eral years. osteoporosis. All individuals, whether they not restored within four minutes. As a result, The provisions of this legislation will not be- work in the public sector or private sector, if life is sustained, the quality of life may be come effective until eighteen months after en- should have health insurance coverage for significantly diminished as irreversible harm actment so that an affected state will have osteoporosis screening because this affliction often takes place. I am hopeful that those who adequate time to amend its laws or modify its is so widespread but more importantly, be- have regular contact with loved ones at risk regulations. cause it is preventable when discovered early. will be trained in CPR. I have recently had the pleasure of working Osteoporosis is a major public health prob- I applaud the American Heart Association with the leadership of the International Union lem affecting 28 million Americans, who either and other organizations nationwide that edu- of Police Associations, AFL–CIO, in devel- have the disease or are at risk due to low cate and train all of us to be properly prepared oping this legislation to ensure that all law en- bone mass; eighty percent are women. The for cardiac arrest by providing education that forcement officers receive the same health disease causes 1.5 million fractures annually informs us about the causes and signs of protections that their fellow officers in my state at a cost of $13.8 billion ($38 million per day) heart disease and the skills necessary to react of Michigan enjoy. I particularly want to recog- in direct medical expenses, and osteoporotic to these unfortunate episodes when they nize Sam Cabral, International President, and fractures cost the Medicare program 3 percent occur. Also, I thank my colleagues for pausing Dennis Slocumb, Executive Vice President, for of its overall costs. In their lifetimes, one in to recognize these organizations for their on- their dedication to this cause. two women and one in eight men over the age going efforts in this vital area. Mr. Speaker, I urge my colleagues to join of 50 will fracture a bone due to osteoporosis. f me in sponsoring this legislation. A woman’s risk of a hip fracture is equal to f her combined risk of contracting breast, uter- IN SUPPORT OF THE LAW EN- ine, and ovarian cancer. FORCEMENT OFFICERS’ HEALTH JAMES J. MCGRATH—DEDICATED Osteoporosis is largely preventable and ACT LAW ENFORCEMENT OFFICER thousands of fractures could be avoided if low bone mass was detected early and treated. HON. BART STUPAK HON. JAMES H. MALONEY We now have drugs that promise to reduce OF MICHIGAN OF CONNECTICUT fractures by 50 percent. However, identifica- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tion of risk factors alone cannot predict how Wednesday, February 14, 2001 Wednesday, February 14, 2001 much bone a person has and how strong bone is. Experts estimate that without bone Mr. STUPAK. Mr. Speaker, today I am intro- Mr. MALONEY of Connecticut. Mr. Speaker, density tests, up to 40 percent of women with ducing the Law Enforcement Officers’ Health it is an honor for me to bring to the attention low bone mass could be missed. Act to encourage all states to adopt a practice of my colleagues the distinguished career of It Is my hope that by making bone mass that has served Michigan’s citizens and law one of my constituents, James J. McGrath of measurements available under the FEHBP, enforcement officers well. Ansonia, Connecticut. we can minimize the deleterious effects of If a law enforcement officer in Michigan de- Mr. McGrath recently retired from his post osteoporosis and improve the lives of our Fed- velops heart disease or a lung disorder, he or as Ansonia Police Chief, a position he held for eral employees and retirees. she is entitled to the presumption for the pur- 19 years. During that time, he presided over the Ansonia police force with integrity, profes- f poses of the workers’ compensation system that the illness is an occupational disease. sionalism, and a passionate sense of duty. AMERICAN HEART MONTH This recognition of the stressful nature of law Chief McGrath ended his career as the State enforcement work is also reflected in the work- of Connecticut’s oldest police chief—and one HON. JOHN F. TIERNEY ers’ compensation systems of thirteen other of its most respected. OF MASSACHUSETTS states (California, Florida, Hawaii, Illinois, He is truly an institution in the city of Anso- IN THE HOUSE OF REPRESENTATIVES Iowa, Kansas, Kentucky, Maryland, Nebraska, nia. Born and raised in the city’s Derby Hill Nevada, North Dakota, Ohio and Virginia). section, he graduated from Ansonia High Wednesday, February 14, 2001 There are several reasons for states to School in 1943. Like all residents of this close- Mr. TIERNEY. Mr. Speaker, I join my col- grant this presumption to law enforcement offi- knit community, Chief McGrath has developed leagues in recognizing February as American cers who suffer from heart or lung problems. deep bonds with the community—bonds that Heart Month and in commending the 22.5 mil- With such a policy, states and municipalities will continue to deepen as Ansonia gives him lion volunteers and supporters committed to are spared the administrative burden and cost thanks for his years of service.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.037 pfrm01 PsN: E14PT1 E188 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 Chief McGrath began his life of public serv- ate jobs and provide value-added markets to forces fought bravely to preserve and protect ice during World War II. From 1943–1947 he bolster agriculture and our rural economy. the liberties we cherish. As of late, we have served in the United States Navy, defending Again, I congratulate and commend the done much to recognize the accomplishments our country as a member of the Submarine farmer-owners of the Golden Triangle Coali- of the generation that fought the Second Service. After returning to civilian life and tion on the opening of the nation’s newest eth- World War, and rightly so. But we should not graduating college, he began a thirty year ca- anol plant. I look forward to working with them forget the equally impressive job our military reer as a Connecticut State Police Officer— in the future. forces are doing today. They faced down ag- where he achieved the rank of Captain. He f gression in Iraq; restored democracy in Haiti; began his tenure as Ansonia’s police chief in HONORING ANTHONY F. COLE and ended ethnic cleansing in the former 1981, and then held that position for nearly Yugoslavia. In short, they have much to be two decades. proud of Chief James J. McGrath has devoted his life HON. JAMES A. LEACH However, we are faced with some serious to protecting the well-being of others. He OF IOWA concerns. This increase in deployments and worked tirelessly to ensure that Ansonia was IN THE HOUSE OF REPRESENTATIVES operations occurred during a time of military a safe place to live and work for its families, Wednesday, February 14, 2001 downsizing. It is clear to many we cannot, in children, and senior citizens. In fact, his dedi- Mr. LEACH. Mr. Speaker, I rise today to good faith, ask our forces to be engaged cation was such that during his 19 years as extol the virtues and lament the retirement of around the world when they are stretched so police chief, he never took a single sick day. Anthony F. ‘‘Tony’’ Cole after more than 25 thinly. I know that I speak for all Ansonia residents years of federal service. We have no choice but to embrace this op- in saying that the city is deeply appreciative of A scholar and a gentleman, Tony graduated portunity and demonstrate our commitment to his work and his leadership. Phi Beta Kappa from the College of William our military personnel. In this time of peace Perhaps there is no better way to illustrate and Mary, earned a Masters in history from and budget surpluses, we must prepare for Chief McGrath’s commitment to public safety Rutgers, and his law degree from the Mar- the threats that loom in the not-too-distant fu- than to refer to his own words: ‘‘I’m as con- shall-Wythe School of Law at William and ture by modernizing our military forces and in- cerned about the welfare of the people of An- Mary. vesting in programs to recruit and retain qual- sonia as I am of my own family.’’ In 1975 Tony joined the staff of the Board ity military personnel. Mr. Speaker, Chief James J. McGrath de- of Governors of the Federal Reserve System, We have done a great deal to ensure that serves wide recognition for his lifelong dedica- where he served as Deputy General Counsel our military forces are the best in the world, tion to law enforcement. I ask my colleagues of the Depository Institutions Deregulation but the world is changing before our eyes—we to join me in congratulating this outstanding Committee and later as Special Assistant to need to do more. As we move though the public servant, and to extend our best wishes the Board as its liaison with Congress. budget process, let us show our support for Leaving these real jobs, Tony came to the as he embarks upon a well-deserved retire- these brave men and women by passing a re- Hill in 1986 to serve first as Minority Counsel ment. sponsible defense budget. and then as Minority Staff Director for the f House Committee on Banking, Housing and f GOLDEN TRIANGLE ENERGY Urban Affairs. COALITION PLANT During my tenure as Chairman of the House THE WAGE ACT Committee on Banking and Financial Services, from January 1995 to the end of last year, HON. RON PAUL HON. SAM GRAVES Tony was the Staff Director for the Committee. OF MISSOURI Tony’s fine hand may be seen in all of the OF TEXAS IN THE HOUSE OF REPRESENTATIVES major legislation the Committee considered IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2001 over the past 15 years, from the reform of the Wednesday, February 14, 2001 savings and loan industry (FIRREA), to the fi- Mr. PAUL. Mr. Speaker, I rise to introduce Mr. GRAVES. Mr. Speaker, I rise today to nancial modernization bill (Gramm-Leach-Bli- the Workers Access to Accountable Govern- congratulate the farmers-members of the ley), to debt relief for the poorest countries in ance in Employment (WAGE) Act. This bill Golden Triangle Energy Cooperative on the the world. imminent success of the new ethanol plant in As my colleagues know, the job of a com- takes a first step toward restoring the rights of Craig, Missouri. The new plant will add value mittee staff director is one of the most de- freedom of association and equal protection to members’ agricultural commodities through manding on Capitol Hill. It requires assuaging under the law to millions of American workers efficient processing and bring renewed eco- the easily bruised egos of the Members, ad- who are currently denied these rights by fed- nomic opportunity to Northwest Missouri. I am ministering a multimillion dollar budget, man- eral law. honored to have the Golden Triangle Energy aging a 50-member professional and support The WAGE Act simply gives workers the Cooperative in my district. staff, and coordinating with leadership. All this same rights to hold decertification elections as On Saturday, February 17, 2001, we will must be accomplished while having at one’s they have to hold certification elections. Cur- celebrate the grand opening of the Golden Tri- finger tips an encyclopedic knowledge of both rently, while workers in this country are given angle Energy Coalition Plant. This plant will current statute and the legislative process. the right to organize and have union certifi- process 6 million bushels of corn each year, Nobody did it better than Tony. cation elections each year, provided that 30 producing 15 million gallons of ethanol. This A consummate professional, Tony was re- percent or more of the workforce wish to have plant will not only benefit farmers, but also the spected by both sides of the aisle and revered them, workers are not given an equal right to environment and our consumers across the by the staff he led by precept and example. A have a decertification election, even if the nation. person of grace and good humor, he gave of same requirements are met. I am pleased that farmers in Northwest Mis- himself unstintingly to this institution and in so As a result of the National Labor Relations souri are making a positive impact on their doing to serving the people of the United Board (NLRB) created contract-bar rule, if 30 rural community by expanding value-added States. percent or more of a bargaining unit wants to markets, such as ethanol. In the past 10 The House needs the likes of Tony Cole hold an election to decertify a union as their years, more than 20 farmer-owned coopera- and he will be sorely missed. representative, they are prohibited from doing tives were constructed nationwide. Today It is with profound gratitude that I wish Tony so unless the contract is in at least its third farmer-owned ethanol production facilities are all the best in a well-deserved retirement. year. responsible for one third of all U.S. ethanol f In other words, it does not matter whether production. DEFENSE FUNDING or not workers want to continue to have the Farmers in Northwest Missouri are posi- union as their representative. It does not mat- tioned to meet the nation’s ethanol needs. ter whether or not the union represents the will Ethanol produced in Craig, Missouri will be HON. CAROLYN McCARTHY of the workers. It does not even matter if the OF NEW YORK sold across the country as a high-octane fuel majority of the current workforce voted for IN THE HOUSE OF REPRESENTATIVES bringing improved automobile performance to union representation. They must accept that drivers while reducing air pollution. It is a Wednesday, February 14, 2001 representation. clean-burning, renewable, domestically pro- Mrs. McCARTHY of New York. Mr. Speaker, Mr. Speaker, this is absurd. The lowest duced product. The new plant in Craig will cre- throughout our nation’s history, our armed criminal in this country has the right to change

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.041 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E189 their representative in the courtroom. Yet mil- IN RECOGNITION OF CHARLES E. INTRODUCTION OF THE FOREIGN lions of hardworking, law-abiding citizens can- CRIST TRUCK SAFETY ACT not change their representation in the work- place. HON. WILLIAM O. LIPINSKI As a result of the passage of the National HON. EARL POMEROY OF ILLINOIS Labor Relations Act (NLRA) in 1935 and the OF NORTH DAKOTA IN THE HOUSE OF REPRESENTATIVES action taken by the federally-funded NLRB, workers can be forced to pay union dues or IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2001 fees for unwanted representation as a condi- Mr. LIPINSKI. Mr. Speaker, I rise today to Wednesday, February 14, 2001 tion of employment. Federal law may even introduce a bill that I believe is paramount to force workers to accept union representation Mr. POMEROY. Mr. Speaker, I rise today to keeping our highways and byways safe. The against the will of the majority of workers. recognize Charles E. Crist. I have had the Foreign Truck Safety Act would mandate that Talk about taxation without representation! pleasure of working with Chuck for the past all foreign trucks at our southern border be in- Mr. Speaker, the WAGE Act takes a step to- five years in his position as Deputy for Pro- spected if they have not passed inspection in ward returning a freedom to workers that they gram and Project Management with the St. the previous twelve months. This is necessary never should have lost in the first place: the Paul District of the Corps of Engineers. Quite because last week a North American Free right to choose their own representative. I urge simply put, he is one of the finest public serv- Trade Agreement (NAFTA) dispute panel ruled my colleagues to support the nonpartisan, pro- ants I have had the opportunity to work with. that our southern border with Mexico should worker WAGE Act. be opened to unfettered cross-border trucking. Throughout his time with the St. Paul Dis- f The new Bush administration also stated they trict, Chuck has stood out as an individual who would abide by that ruling and open the bor- IN RECOGNITION OF THE 80TH AN- could tackle complex, sensitive water resource NIVERSARY OF THE MOUNT der. issues. He is a man of great integrity, with a This ruling means that Mexican trucks, WASHINGTON AMERICAN LEGION deep commitment to the issues he works on. trucks that fail 35 percent of inspections POST 484 His contributions to the Corps are numerous, across the border zone, and 50 percent of in- but one that will always be recognized is his spections in Texas, would be free to roam all HON. ROB PORTMAN efforts to make the Corps a truly responsive throughout the United States. Since NAFTA OF OHIO agency to the needs of the communities it went into effect in 1994, these trucks have IN THE HOUSE OF REPRESENTATIVES serves. been able to cross into a small NAFTA border Wednesday, February 14, 2001 During the devastating flood of 1997, Chuck zone. The border was scheduled to have been Mr. PORTMAN. Mr. Speaker, I rise today to worked to coordinate emergency response fully opened in December 1995, but due to recognize the outstanding contributions of the measures in Grand Forks, North Dakota and real safety concerns and the high rate of failed Mount Washington American Legion Post 484, all along the Red River. In the aftermath of the inspections of Mexican trucks, the border was which celebrated its 80th anniversary on Janu- flood, Chuck assembled a team within the kept closed by the Clinton Administration. ary 21, 2001. Corps to design plans for a permanent flood The highly respected and non-political U.S. The American Legion was chartered by control project for Grand Forks. He was instru- DOT Office of Inspector General (IG) con- Congress in 1919 as a patriotic, mutual-help, mental in leading efforts to expedite the devel- cluded in a November 1999 report that ‘‘Ade- war-time veterans organization. The Mount opment of the project reports needed to se- quate mechanisms are not in place to control Washington American Legion Post 484 cure authorization. Without the quick, creative access of Mexico-domiciled motor carriers into opened its chapter 80 years ago, and, since work of Chuck and his team within the Corps, the United States.’’ In a December 1998 report then, it has carried out its mission—to defend we would have missed a critical window to se- the IG stated, ‘‘We concluded that far too few and teach the principles of democracy; to up- cure congressional authorization. In recogni- trucks are being inspected at the U.S.-Mexico hold the law of the land; to foster patriotism; tion of this work, the team received the U.S. border, and that too few trucks comply with to venerate, serve and support our veterans; Army Corps of Engineers Outstanding Plan- U.S. standards.’’ And it has not gotten better to instill a sense of obligation to the commu- ning Achievement Award for Planning Team of since: in 2000 35 percent of Mexican trucks nity, state and nation; and to guard the rights the Year. Thanks to Chuck’s dedicated efforts, that were inspected were put out of service for and freedoms provided to us by the Constitu- Grand Forks is now getting the protection it so significant safety violations. And what’s dis- tion. desperately needs. couraging is that less than two percent of Post 484 has made a remarkable difference In addition to his work in Grand Forks, Mexican trucks were inspected. in the Cincinnati community by helping to im- Chuck has also led efforts to address the on- In addition, since NAFTA was signed in prove the quality of life for our veterans and going flooding in the Devils Lake Basin. His 1993, Mexico has known that it would have to for others in the Second Congressional District work has been critical to protecting the future harmonize it’s trucking laws and regulations of Ohio. Post 484 currently has about 400 of a town that has experienced eight years of with the U.S. and Canada (whose trucks have members, many of whom have dedicated their continual flooding. All throughout this process, as good a safety record as U.S. trucks), and time at Veterans Administration Hospital and he has been able to balance a wide range of yet it has failed to do so. For example, the Hospice volunteer programs. Its service also issues while implementing workable solutions. Land Transportation Standards Subcommittee includes: volunteer work in our local schools; No matter what the challenge, Chuck has al- (LTSS) was created by NAFTA to harmonize donations of blood to the Red Cross; environ- ways been able to meet or exceed it. transportation standards and regulations by mental protection and crime prevention pro- the year 2000. However, even though we are grams; and fundraising for crisis intervention Chuck’s friendly demeanor and genuine in 2001, Mexico does not have vehicle mainte- and family support programs. Post 484 also sympathetic nature have made him a trusted nance standards, roadside inspections, safety has raised funds for the Americanism Youth public servant. He has been wholeheartedly rating systems, a drug and alcohol testing pro- Conference; the Spirit of Youth Fund; flag eti- committed to working with North Dakota com- gram, or hours of service regulations. And quette and citizenship programs; the Girl munities through difficult water problems and Mexico has just started the process of man- Scouts and Boy Scouts of America; and anti- challenges. Through tough and daunting dating logbooks for record keeping, while the substance abuse, child safety as well as lit- times, he has always maintained a level of op- U.S. DOT is in the process of upgrading eracy programs. timism that has gone unmatched. There is no logbooks to electronic record keeping. Most Mr. Speaker, the Mount Washington Amer- doubt that North Dakota has been well-served importantly, Mexico allows trucks upwards of ican Legion Post 484 reminds us that one of under his leadership. 100,000 pounds on its highways, while the the best ways to help individuals and commu- Above all, Chuck is a valued friend and U.S. limit is 80,000 pounds. nities is through the hard work and dedication partner. Chuck will be missed for his person- Without an adequate inspection system at of our local volunteers. These volunteers, who ality, remembered for his professionalism, and the border, it is just a matter of time before have courageously defended our country, honored for the positive change he brought to 100,000 pound, unsafe trucks with drivers who have exhibited an unrelenting service to our the Corps. After a distinguished career that haven’t slept in days are driving straight into a country. I hope my colleagues will join me in has spanned more than 32 years, I want to tragedy on one of our highways. That’s why congratulating Post 484 and its members on thank Chuck for his service to the Corps and the Foreign Truck Safety Act is necessary. In 80 years of superb service to the Cincinnati the State of North Dakota. I wish him all the addition to mandating the inspection of foreign area and to our nation. best in his retirement. trucks, the bill would authorize the border

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.045 pfrm01 PsN: E14PT1 E190 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 states to impose and collect fees on trucks to Grace Kelly. She served as a goodwill ambas- A state may carry out its child passenger cover the cost of these inspections. By requir- sador to people around the globe and gra- protection education activities through a state ing all trucks to pass inspections before enter- ciously dedicated her fame to the fight against program or through grants to political subdivi- ing the United States, we can help to limit the cancer. sions of the state or to an appropriate private risks these unsafe trucks pose to our citizens. Mr. Speaker, Ava Gardner’s legacy lives on entity. Each state that receives a grant must This country entered into NAFTA in order to through her movies and the wonderful Ava submit a report that describes the program ac- better the lives of our citizens. I urge all of my Gardner Museum in Smithfield, North Caro- tivities carried out with the funds made avail- colleagues to cosponsor and help me pass lina. Being commemorated on a postage able under the grant. Not later than June 1, this legislation, because without it, we will sim- stamp is a high honor reserved for remarkable 2002, the Secretary of Transportation shall re- ply put our citizens in more jeopardy. Thank people, places, and even cartoon characters. port to Congress on the implementation of the you. Surely, someone as glamorous and accom- program, including a description of the pro- f plished as Ava Gardner deserves her own grams carried out and materials developed stamp too. and distributed by the states that receive COMMEMORATIVE STAMP FOR f grants under the program. AVA GARDNER In each of fiscal years 2000 and 2001, the CHILD PASSENGER PROTECTION Transportation Appropriations Act provided HON. BOB ETHERIDGE EDUCATION GRANTS $7.5 million to finance the Child Passenger OF NORTH CAROLINA Protection Education Grant program. It is es- IN THE HOUSE OF REPRESENTATIVES HON. JAMES L. OBERSTAR sential that we continue to provide funding for Wednesday, February 14, 2001 OF MINNESOTA the Child Passenger Protection Education IN THE HOUSE OF REPRESENTATIVES Grant program to ensure that we make Mr. ETHERIDGE. Mr. Speaker, I rise today Wednesday, February 14, 2001 progress in preventing deaths and injuries to to introduce a concurrent resolution recom- children on the nation’s highways, and achieve mending that the U.S. Postal Service issue a Mr. OBERSTAR. Mr. Speaker, this week is our goal of a 25 percent reduction in child oc- commemorative postage stamp for Johnston National Child Passenger Safety Week. This cupant fatalities by 2005. national observance reminds parents and County’s favorite daughter and one of Amer- f ica’s most accomplished actresses, Ava Gard- caregivers of the importance of buckling up ner. children correctly on every ride. According to INTRODUCTION OF THE GIFT OF Having grown up in Johnston County my- the National Highway Traffic Safety Adminis- LIFE CONGRESSIONAL MEDAL self, I am proud to introduce this legislation in tration, in 1999, motor vehicle crashes killed ACT OF 2001 Ava Gardner’s memory, not only because she more than 1,400 children (infants to age 14) is a famous North Carolinian; but because she and injured another 300,000. Six out of 10 HON. FORTNEY PETE STARK touched the lives of thousands around the children killed in these crashes were com- OF CALIFORNIA globe. pletely unrestrained. This is simply unaccept- IN THE HOUSE OF REPRESENTATIVES Despite her superstar status, Ava Gardner able. never forgot her humble Johnston County Today, I introduce a bill to continue for fiscal Wednesday, February 14, 2001 roots. She was born the youngest of seven years 2002 and 2003 the Child Passenger Mr. STARK. Mr. Speaker, I am proud to in- children of Jonas and Mary Elizabeth Gardner Protection Education Grant program author- troduce the ‘‘Gift of Life Congressional Medal in 1922 and grew up near Smithfield. When ized by Section 2003(b) of the Transportation Act of 2001.’’ This legislation creates a com- she was 13 her family moved to Newport Equity Act for the 21st Century (TEA 21). The memorative medal to honor organ donors and News, Virginia, only to return to North Carolina bill authorizes $7.5 million for each of fiscal their survivors. Senator Frist, a heart and lung where she attended high school in the Rock years 2002 and 2003 for the Secretary of transplant surgeon himself, is introducing com- Ridge community and studied at Atlantic Transportation to make incentive grants to panion legislation in the Senate. Christian College, which is now Barton Col- states to encourage the implementation of There is a serious shortage of available and lege, in Wilson. child passenger protection programs in those suitable organ donors. Nearly 75,000 people In the summer of 1941 the Smithfield Herald states. Current authorizations for the Child are currently waiting for an organ transplant, told the story of Ava Gardner’s trip across Passenger Protection Education Grant pro- and every 14 minutes a new name is added country to a place called Hollywood. When gram expire at the end of fiscal year 2001, to the list. Because of low donor rates, over she arrived there, it didn’t take long for the whereas authorizations for virtually all other 6,000 people died in 1999 for lack of a suit- whole world to recognize what the people of TEA 21 programs expire at the end of fiscal able organ. Incentive programs and public Smithfield and all of North Carolina already year 2003. education are critical to maintaining and in- saw—Ava’s remarkable talent. During her ca- To increase seat belt use nationwide, the creasing the number of organs donated each reer, she starred in 64 films and won many previous Administration established goals to year. honors including: reduce the number of child occupant fatalities We are very happy to hear that Secretary A Golden Globe nomination for ‘‘Best Ac- 15 percent by 2000 and 25 percent by 2005. Thompson has made this a priority issue that tress in a Drama’’ for ‘‘Night of the Iguana’’ in The Child Passenger Protection Education he plans to address during his first 100 days 1964; Grant program has played an important role in as Secretary. He has promised to mount ‘‘a The Academy of Motion Pictures ‘‘Merit for helping the Department meet the first of these national campaign to raise awareness of Outstanding Achievement—Best Actress’’ goals. Since 1997, the number of child fatali- organ donation’’, and to ‘‘do more to recognize nomination for ‘‘Mogambo’’ in 1953; ties resulting from traffic crashes has declined families who donate organs of a loved one.’’ And the Look ‘‘Film Achievement’’ award for 17 percent, exceeding the goal of 15 percent The Gift of Life Congressional Medal Act is a her performance in ‘‘The Hucksters’’ in 1947. by 2000. Restraint use for infants has risen to great opportunity for us to work with Secretary She was also the first woman from North 97 percent from 85 percent in 1996, and has Thompson to draw attention to this life-saving Carolina to grace the cover of Time magazine. climbed to 91 percent for children aged one to issue. It sends a clear message that donating Indeed, Ava Gardner’s story is the American four, up from 60 percent in 1996. one’s organs is a self-less act that should re- Dream. Under my bill, a state may use its grant ceive the profound respect of the Nation. In addition to her success on the silver funds to implement programs that are de- The legislation allows the Health and screen, Ava was a leader in the fight against signed to: Human Service’s Organ Procurement Organi- cancer and worked tirelessly for more funding Prevent deaths and injuries to children; zation (OPO) and the Organ Procurement and for research. She was also a patriot and was Educate the public concerning all aspects of Transplantation Network (OPTN) to establish a recognized by the U.S. Armed Forces for her the proper installation of child restraints, ap- nonprofit fund to design, produce, and dis- spirit of public service and her performance as propriate child restraint design, selection, and tribute a Congressional Medal of Honor for a guest star on the Armed Forces radio net- placement, and harness threading and har- organ donors or their family members. Enact- work’s production of ‘‘Victorious Lady.’’ ness adjustment on child restraints; and ment of this legislation would have no cost to Ava Gardner was one of America’s most ac- Train and retrain child passenger safety pro- the Federal Government. The Treasury De- complished actresses in the 20th century. She fessionals, police officers, fire and emergency partment would provide an initial loan to led the Hollywood golden age, shared the medical personnel, and other educators con- OPTN for start-up purposes, which would be stage with Clark Gable, Burt Lancaster, and cerning all aspects of child restraint use. fully repaid. From then on, the program would

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.048 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E191 be self-sufficient through charitable donations. Congress, numbered H.R. 2888, to improve homeless children in the school they attended The donor or family member would have the educational opportunities for homeless chil- before becoming homeless, unless it is option of receiving the Congressional Gift of dren. against their parents wishes. This provision Life Medal. Families would also be able to re- As my colleagues will recall, a majority of ensures that homeless children are not quest that a Member of Congress, state or H.R. 2888 was incorporated into H.R. 2, the unwillingly ripped away from their friends and local official, or community leader award the Students Results Act, which overwhelmingly environments where they are comfortable medal to the donor or donor’s survivors. passed the House in October of 1999. 1 am learning; Physicians can now transplant kidneys, hopeful that this year’s version of the legisla- Three: keeps homeless students in school lungs, pancreas, liver, and heart with consider- tion will garner the same kind of bipartisan while disputes are being resolved. Homeless able success. The demand for organs will con- support as did the last bill and ultimately will children often spend weeks or even months tinue to grow with the improvement of medical find its way into law. out of school while enrollment disputes remain technologies. According to the United Network Mr. Speaker, I think you would agree that unresolved. This legislation address this seri- for Organ Sharing (UNOS), an average of being homeless should not mean foregoing an ous problem by creating a mechanism to 9,600 donations was made per year between education. Yet, that is what homelessness quickly and fairly resolve such disputes, ensur- 1995 and 1999. Without expanded efforts to means for far too many of America’s children ing that the enrollment process burdens nei- increase the supply of organ donation, the and youth today. ther the school nor the child’s education; supply of suitable organs will continue to lag Even with our healthy economy, estimates Four: requires local school districts to select behind the need. are that one million kids will experience home- a contact person to identify, enroll and provide This is non-controversial, non-partisan legis- lessness this year. Due to red tape, lack of in- resource information and resolve disputes re- lation to increase organ donation. I ask my formation, and bureaucratic delays, some lating to homeless students. Because many colleagues to help bring an end to transplant homeless children are missing school or are schools don’t currently have a point of contact waiting lists and recognize the enormous faith being turned away at the schoolhouse door for homeless students, these children fre- and courage displayed by organ donors and and, as a result, losing out on the chance for quently go unseen and unserved; their families. This bill honors these brave a better life. Five: strengthens the quality and collection acts, while publicizing the critical need for in- Studies show that as a result of these prob- of data on homeless students at the federal creased organ donations. lems, some 45 percent of homeless children level. This is particularly crucial, as the lack of f do not attend school on a regular basis. In ad- a uniform method of data collection has re- dition, homeless children are twice as likely to sulted in unreliable information and the likely HONORING LONNELL COOPER repeat a grade and have four times the rate of underreporting of the numbers of homeless delayed development. students; HON. MARTIN FROST Congress recognized the importance of Six: prohibits federal funding from being OF TEXAS school to homeless children by establishing used to segregate homeless students. Despite IN THE HOUSE OF REPRESENTATIVES the Stewart B. McKinney Education of Home- McKinney Act requirements to remove enroll- less Children and Youth program. This pro- ment barriers and to integrate homeless stu- Wednesday, February 14, 2001 gram is designed to remove barriers that pre- dents into the mainstream school environment, Mr. FROST. Mr. Speaker, I rise today to vent or make it hard for homeless youth to en- some school districts continue to segregate honor Lonnell Cooper, a retired sergeant with roll, attend and succeed in school. And, for these children into separate schools or class- the Fort Worth Police Department and tremen- many homeless children, it may make the dif- rooms. By explicitly prohibiting McKinney dous public servant who has served our com- ference between success in the classroom money from being used for such a purpose, munity for half a century. and failure in life. this provision will better define and put teeth Throughout his life and career, Sgt. Cooper Yet today, more than a decade after the into the current federal statute governing this has been a stellar law enforcement officer and passage of that important program, inadequa- issue; a trailblazer. He was a leader in breaking cies in the federal law inadvertently are acting Seven: increases accountability by providing down the color barrier as one of the first six as barriers to the education of homeless chil- States with greater flexibility to use authorized African Americans accepted to the Fort Worth dren. We must act to strengthen these weak funds to provide technical support to local Police Department. He also organized the de- areas, and we must act now. school districts in order to bring them into partment’s first Explorer post. This Congress has the rare chance to re- compliance with the Act; Among the many honors bestowed on Sgt. view, redefine, and improve our federal edu- Eight And finally: assists overlooked and un- Cooper throughout his distinguished career cation policies. Not since 1994, when pro- derserved homeless children and youth by are Fort Worth Officer of the Year of the de- grams under the Elementary and Secondary raising the program’s authorized funding level partment’s Service Division, he was des- Education Act (ESEA) were last authorized, to $90 million in FY2002 and reauthorizing the ignated an Outstanding Law Enforcement Offi- has Congress had a similar opportunity to ex- program for another five years. cer by the State of Texas and a Pioneer in amine K through 12 education in total. Mr. Speaker, a majority of these provisions Criminal Justice by the U.S. Congress. The I believe it is incumbent for Members from are derived from the Illinois Education for Mayor of Fort Worth even designated a ‘‘Sgt. both sides of the aisle and in both chambers Homeless Children State Act, which many Lonnell E. Cooper Day’’ in the city. to take advantage of this unique opportunity to consider to be a model for the rest of the Na- This Sunday, February 18, the New Rising renew our commitment to homeless children. tion. These provisions also are a reflection of Star Baptist Church is paying much deserved As the 107th Congress rushes forward to re- the best ideas of some of America’s most tribute to Sgt. Cooper for his lifetime of service authorize our federal K–12 education pro- dedicated people—homeless advocates, edu- to our community. I want to join with his family grams, we must pause long enough to ensure cators, and experts at the US Department of and many friends in thanking Sgt. Lonnell E. that all homeless children are guaranteed ac- Education. Cooper for all that he has done to make our cess to a public education, so that they ac- Like many of my colleagues here in the community safer and a better place to live. quire the skills needed to escape poverty and House, I am a strong supporter of local control f lead productive lives. In doing so, we will be of education. I believe the McKinney-Vento meeting America’s commitment to, as Presi- Homeless Education Act of 2001 meets this INTRODUCTION OF THE McKINNEY- dent Bush has clearly stated, leaving no child principle while making the best use of limited VENTO HOMELESS EDUCATION behind. federal resources. ACT OF 2001 Mr. Speaker, the following is what the Regrettably, homelessness is and will likely McKinney-Vento Homeless Education Act be for the immediate future a part of our soci- HON. JUDY BIGGERT does. The bill: ety. However, being homeless should not limit OF ILLINOIS One: ensures that homeless children are im- a homeless child’s opportunity to receive what IN THE HOUSE OF REPRESENTATIVES mediately enrolled in school. This means that every child in America is entitled—a free and no homeless child will be prevented for days quality public education. I urge my colleagues Wednesday, February 14, 2001 or weeks from walking through the school on both sides of the aisle to support this Mrs. BIGGERT. Mr. Speaker, I rise today to doors because of delayed paperwork or other much-needed and timely bill. introduce the ‘‘McKinney-Vento Homeless bureaucracy; In closing, let me take a moment to thank Il- Education Act of 2001.’’ This legislation builds Two: limits the disruption of education by re- linois State Representative Mary Lou upon legislation I introduced during the last quiring schools to make every effort to keep Cowlishaw, as well Sister Rose Marie

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.051 pfrm01 PsN: E14PT1 E192 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 Lorentzen and Diane Nilan with the Hesed the late 70s. In high school, I studied Sam’s creases in Social Security benefits, and have House in Aurora, Illinois for bringing this issue legal, ethical, and moral case against the U.S. been pushed just beyond the cutoff. to my attention and for their years of tireless, government and his steadfast support for the My bill does the following: where a taxpayer, and often unrecognized, work on behalf of the First Amendment; his unyielding respect for in any given year, pays an average of 50% homeless. our Constitution. As editor of ‘‘The Progres- more per therm, over the average per therm I also want to thank Barbara Duffield with sive’’ Magazine, Sam Day agreed to publish cost for the previous three years, she is enti- the National Coalition for the Homeless for her ‘‘The H-Bomb Secret: How We Got It, Why tled to a refundable tax credit. The maximum help in putting together this bill and my col- We’re Telling It.’’ The federal government tried credit, which is phased out from the 150 to leagues Representative Doug Ose of Cali- to prevent publication of that article, bringing 300% poverty level, is $500. Under this bill, a fornia and Chaka Fattah of Pennsylvania for suit against the magazine in a case that family of four, with an annual income of being original cosponsors. upheld our right to free speech. By publishing $25,575 would be entitled to a $500 credit. f that article, Sam taught us much more than The phase-out, for a family of four would end how to build a bomb. His efforts taught us at one with an income of $51,150. RECOGNIZING THE ACCOMPLISH- about the right of a citizen to question his or While we must find solutions to the United MENTS OF THE SERVICE CORPS her government . . . a radical notion whether States’ energy problems, we in Congress must OF RETIRED EXECUTIVES you’re seventeen or seventy. And he taught us also attend to the consequential costs which the obligation of every human being to actively those problems levy against the average con- HON. MICHAEL BILIRAKIS oppose nuclear annihilation, no matter what sumer. The Middle Income Home Heating As- OF FLORIDA the personal toll. These are lessons that I sistance Act of 2001 focuses on the middle in- IN THE HOUSE OF REPRESENTATIVES carry with me every day into the Halls of Con- come consumer, and ensures some relief in years where current law offers none. Wednesday, February 14, 2001 gress. Sam’s commitment to social change was f Mr. BILIRAKIS. Mr. Speaker, I would like to unwavering; his mission the same whether take this opportunity to recognize the accom- challenging the government of the United CHARITY TO ELIMINATE POVERTY plishments of SCORE, the Service Corps of States on its nuclear policies or challenging TAX CREDIT ACT OF 2001 Retired Executives. SCORE is a prototypical our local bus company on policies that ad- model for a nonprofit, non-governmental asso- versely affected people with disabilities—to HON. JIM KOLBE ciation that melds American expertise and en- protect and preserve humanity in the face of OF ARIZONA trepreneurial spirit with a uniquely American everything from outright aggression to insensi- IN THE HOUSE OF REPRESENTATIVES tradition of service and esprit de corps. tive indifference. He remained, until the very Wednesday, February 14, 2001 SCORE utilizes the talents of current and re- end, a self-proclaimed, ‘‘Old Codger for tired American business executives, a talent Peace.’’ Our nation has lost a powerful voice Mr. KOLBE. Mr. Speaker, we are intro- pool that many consider to be among the fin- of conscience. I ask the Congress today to ducing today—Valentine’s Day—the Charity est business minds in the world, to provide recognize the life of Sam Day, Jr., an indefati- To Eliminate Poverty Tax Credit Act of 2001. volunteer business consulting service to the gable fighter for peace, and to continue, This legislation is a Valentine’s present for all small business community. SCORE provides through our own words and deeds, his lifelong the families and people who are struggling these services free of charge thanks to the ef- pursuit of justice. every day to survive. I am talking about our nation’s poor. forts of its tireless volunteers. f Founded in 1964, there are currently 389 lo- We are a wealthy nation. The federal gov- cally based chapters of the organization that INTRODUCTION OF THE MIDDLE ernment should reward people for trying to provide business counseling at the community INCOME HEATING ASSISTANCE help raise the standard of living of those living level. SCORE currently has over 11,000 vol- ACT OF 2001 in poverty. unteers and since its inception, has helped This bill would give every American the op- nearly four million business people throughout HON. BOBBY L. RUSH tion of sending $100 to an organization that the nation with free advice. SCORE success OF ILLINOIS primarily assists the poor instead of sending stories run the gamut of the business world IN THE HOUSE OF REPRESENTATIVES the money to the IRS. and include technology oriented companies, When you fill out your tax forms this year, Wednesday, February 14, 2001 retail establishments, restaurants, and service wouldn’t you like the opportunity to redirect providers, just to name a few. President Bush Mr. RUSH. Mr. Speaker, today I rise to in- $100 of your money that is headed to the fed- has repeatedly pointed out that community troduce the Middle Income Home Heating As- eral bureaucracy and give it directly to an or- based organizations such as SCORE can pro- sistance Act of 2001 (MIHHAA). ganization that is helping raise the standard of vide an invaluable service to the nation with- In the face of this winter’s natural gas crisis, living of some of America’s poorest citizens? out relying on government bureaucracy and there has been a great deal of discussion na- The Charity To Eliminate Poverty Tax Credit expenditures of taxpayer dollars. tionwide, about raising the LIHEAP 150% pov- Act of 2001 allows a tax credit up to $100 I salute the volunteers of the Service Corps erty level eligibility cutoff. While LIHEAP fund- ($200 if filing a joint return) for charitable con- of Retired Executives and hope that they ing and eligibility limits must be increased to tributions to tax-exempt organizations that help serve as a model for a new generation of protect the increasing number of people who people whose annual income is under 150 Americans dedicated to excellence with a desperately need assistance, the tremendous percent of the official poverty level. Currently, commitment to service. cost associated with such legislation, must be that level is $12,525 annually for an individual f supported by other legislative initiatives de- and $25,575 for a family of four. signed to accomplish similar assistive goals. The legislation also acknowledges the im- HONORING THE LIFE OF SAMUEL Consider the statistics in Illinois alone. In Illi- pact that inflation can have on the ‘‘real’’ dol- H. DAY, JR. nois, when the eligibility cutoff was 125% of lars that people may give to charity so we poverty level, LIHEAP covered 633 thousand have indexed the tax credit amount to infla- HON. TAMMY BALDWIN households. At the current eligibility cutoff of tion. OF WISCONSIN 150% of the poverty level, 740 thousand Another important provision requires an or- IN THE HOUSE OF REPRESENTATIVES households will be covered. If raised to 175%, ganization to spend at least 70 percent of its as some have proposed, close to 1.4 million money on helping the poor in order to qualify. Wednesday, February 14, 2001 households will be covered. This would more Only a maximum of 30 percent of the chari- Ms. BALDWIN. Mr. Speaker, I rise today to than double the number of homes currently table organization’s budget can be spent on pay tribute to Sam Day, Jr., a tireless advo- covered, and would according to State offi- administrative expenses, expenses to influ- cate for peace and justice. Sam Day’s efforts cials, result in an additional $130 million in ad- ence legislation, fundraising activities, and liti- to preserve our planet from nuclear destruc- ministrative costs. gation costs, among others. We want the tion have been recognized not only in our Instead of altering LIHEAP, my bill would charitable contribution to go to the poor, not to home community of Madison, Wisconsin, but pick up where LIHEAP leaves off. The impor- increase an administrator’s salary. across the country and around the world. tance of relief for those earning just above the President Bush’s tax proposal touches on I first heard of Sam Day long before I ever 150% poverty rate is especially clear in a year this objective by suggesting that a charitable had the honor of meeting him. It was back in when many individuals have received in- tax deduction be allowed for people who do

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.054 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E193 not itemize their deductions. The President the Orange County California Sheriff’s Depart- works extensively in the Chicago inner-city also has encouraged the States to provide a ment, upon his retirement. area and travels on occasion to help in the dif- charitable tax credit. In my State of Arizona, Sergeant Thomas began his career in law ficult Roxbury district of Boston. we are already allowed to take a $200 chari- enforcement in 1958 when he joined the Ala- Jane’s efforts are commendable. Not only is table tax credit. This legislation goes one step meda County Probation Department. He she touching the lives of the many underprivi- further by offering the credit at the federal worked there until volunteering to serve in the leged boys and girls she is teaching directly, level. United States Army in 1962. A distinguished but her organization is helping to identify and Private charities succeed because they are veteran, Sergeant Thomas was an M.P. in advance educational content that improves community driven and stress personal respon- Korea. After being honorably discharged, Ser- learning performance, so in essence, she is sibility. These local food banks and shelters geant Thomas was hired by the North Orange helping more students improve their minds become personally involved in helping change County Marshal’s Department in 1966. Only and lives than we could ever quantify. lives. I believe a better way to help the poor three short months after being hired, Sergeant I want to extend my deepest thanks to Jane is through local organizations that are de- Thomas was promoted to Deputy II and as- signed, implemented, and staffed by residents Kratochvil and all others like her. It is through signed to Civil Field Services. For 15 years, volunteers like Jane that we will be successful of the neighborhoods they serve. Sergeant Thomas worked as a Civil Deputy, Also, the tax credit will put more money on in ensuring that all children receive a quality handling all types of enforcement duties. education and a fair shot at a successful life. the table for programs that help the poor and In January of 1981, he was promoted to the create a more competitive atmosphere. Each rank of Sergeant. As a Sergeant, his respon- organization will be overseen and judged, not f sibilities have spanned all aspects of North Or- by Washington, DC, but by the community and ange County’s operations. Because of his vast the people giving the money to the charitable THE TENNESSEE STATE UNIVER- organization. This will in turn improve services knowledge of civil procedure, Sergeant Thom- SITY ALUMNI ASSOCIATION’S to the poor. as has become the Department’s resident civil MIDWEST REGIONAL CON- Hopefully, we will all agree to give a Valen- expert. FERENCE tine’s gift to our nation’s poor by enacting this Sergeant Thomas is also an active leader in anti-poverty relief tax credit—the Charity To our community. He is a member of the Latino Eliminate Poverty Tax Credit Act of 2001. Peace Officers Association and served as HON. DENNIS J. KUCINICH f their First Vice President for five years. He OF OHIO has been an active representative for the As- IN THE HOUSE OF REPRESENTATIVES FIRE SAFETY AT THE LIBRARY OF sociation of Deputy Marshal’s of Orange CONGRESS County and the State Marshal’s Association. Wednesday, February 14, 2001 In addition to his professional leadership, Mr. KUCINICH. Mr. Speaker, today I recog- HON. ROBERT W. NEY Sergeant Thomas also takes the time to keep OF OHIO nize the Tennessee State University Alumni local youth on a winning path. Since 1969, he Association. Since its inception in 1923, it has IN THE HOUSE OF REPRESENTATIVES has volunteered his services to teach Judo Wednesday, February 14, 2001 provided guidance and scholarships to alumni and wrestling at the Anaheim YMCA. He has both nationally and in the Northeast Ohio re- Mr. NEY. Mr. Speaker, the Committee on also volunteered as an Orange Youth Soccer gion. House Administration has received a report League trainer and currently coaches Judo at The many local chapters of the alumni asso- from the Office of Compliance on its fire-safety the Gemini Judo Club in Yorba Linda. investigation of the Library of Congress build- A resident of Placentia, California, Sergeant ciation have become pillars of our community, ings. A similar report on fire safety in the Con- Thomas’ retirement will bring more time with often sponsoring soup kitchens and mentoring gressional Office Buildings was presented to his wife of 38 years, Virginia, his two children, programs in their neighborhoods. The Ten- the Committee in January of 2000. and three grandchildren. nessee State University Alumni Association The Office of Compliance report identified Sergeant Thomas’ exemplary career in law has worked tirelessly to help foster a sense of numerous deficiencies in Library fire safety enforcement distinguishes him as a true Amer- dignity and honor in the young people of their and noted that while some conditions have al- ican hero, worthy of this Congress’ praise and communities. ready been corrected, others may require ad- gratitude. Countless children have been able to further ditional time and resources. After carefully f their education and their futures because of considering the report, I, along with the Com- the opportunity to attend college provided by mittee’s ranking member, Mr. HOYER, have RECOGNIZING JANE KRATOCHVIL Tennessee State University alunmi support. written to the Architect of the Capitol to deter- The scholarships which the alunmi association mine what remedial measures will be imple- HON. JOHN SHIMKUS sponsors help to mold the lives of youths who mented and the timetable for addressing each OF ILLINOIS might not otherwise have the resources nec- of the deficiencies raised in the report. I am IN THE HOUSE OF REPRESENTATIVES essary to attend such a fine institution. The in- committed to working with the Architect and Wednesday, February 14, 2001 trinsic role that the alumni association has the Librarian to make the Library buildings as Mr. SHIMKUS. Mr. Speaker, today I recog- played in the lives of these young people is safe as possible for the many public patrons, nize an admirable citizen from the great state noteworthy. employees, Congressional staff, and Members of Illinois, Jane Kratochvil. As President Bush The theme of this conference, ‘‘Don’t Forget who work in or visit the Library. The Bridge that Brought You Across . . . Twice in the Library’s history, in 1812 and releases his Education Plan, ‘‘No Child Left Then and Now’’ gives us reason to reflect 1851, significant parts of its collections were Behind,’’ and sets up his Faith Based Liaison upon the many opportunities which we were decimated by fire. It is my hope that with the Office in the White House that will encourage blessed with throughout our lives. As children, technology and expertise at our disposal, his- volunteer work as part of a multi-pronged ap- we were all confronted with many challenges, tory will not repeat itself. proach to addressing social challenges, I and it is important to remember the people f wanted to take this opportunity to draw your attention to Ms. Kratochvil who is a shining ex- who helped us overcome those hurdles and HONORING SERGEANT KYLE ample of selfless volunteerism. have allowed us to succeed. The theme of this THOMAS Mr. Speaker, in addition to a very demand- conference should inspire us to continue to ing full time job, Ms. Kratochvil spends her un- contribute to our communities, to allow us to HON. GARY G. MILLER paid free time working with a program called continue to provide opportunities for our youth, OF CALIFORNIA ‘‘The School First Foundation.’’ This non-profit and to strengthen the social fabric of our soci- IN THE HOUSE OF REPRESENTATIVES organization helps underserved K–12 schools ety. Wednesday, February 14, 2001 gain access to technology and teaching re- My fellow colleagues, please join me in hon- Mr. GARY MILLER of California. Mr. Speak- sources that serve to improve their learning oring the Tennessee State University Alunmi er, I congratulate Sergeant Kyle Thomas, of environment. As part of this program, Jane Association.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.058 pfrm01 PsN: E14PT1 E194 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 A BILL TO REPEAL SECTION 809, policyholders and on one-half of their under- derstanding that the law’s reach must be guid- WHICH TAXES POLICYHOLDER writing income. The other half of underwriting ed by a firm but measured hand that takes DIVIDENDS OF MUTUAL LIFE IN- income for stock companies was not taxed un- into account individual and unique cir- SURANCE COMPANIES, AND TO less it was distributed to shareholders (so- cumstances, as well as one’s duty to strictly REPEAL SECTION 815, WHICH AP- called ‘‘policyholders surplus account or enforce the law. PLIES TO POLICYHOLDER SUR- PSA’’). The 1959 tax structure sought to tax While never swaying from his duty, Michael PLUS ACCOUNTS the proper amount of income of stock and mu- Gage also refused to shrink from offering com- tual companies alike and the PSA mechanism passion to those in need. During his time and HON. AMO HOUGHTON helped implement that goal. after his time as Sheriff, Mike demonstrate a continuing commitment to helping those who OF NEW YORK In 1984, Congress rewrote the rules again. found themselves on the wrong side of the IN THE HOUSE OF REPRESENTATIVES Both stock and mutual companies were sub- jected to tax on all their investment and under- law. In recent years, Mike has maintained cor- Wednesday, February 14, 2001 writing income. In this context, dividend de- respondence with numerous former inmates Mr. HOUGHTON. Mr. Speaker, I am ductions for mutuals were limited under Sec- and attempts to keep them on the right path pleased to join my colleague from Massachu- tion 809, and the tax exclusion for a portion of by lending a willing ear and a responsive setts, Mr. NEAL, together with a number of our stock company’s underwriting income was dis- heart. In his work and in his life, Michael Gage has colleagues in introducing our bill, ‘‘The Life In- continued. Congress made a decision not to lived out his faith in ways which have made a surance Tax Simplification Act of 2001.’’ The tax the amount excluded between 1959 and real difference for his family and his commu- bill repeals two sections of the Internal Rev- 1984. Rather the amounts are only taxed if nity. Mike has been thoroughly devoted to enue Code which no longer serve valid tax one of the specific events described in the Carol, his wife of 34 years, and their three policy goals. Except for the effective date, the current Section 815 occurs (principally dissolu- bill is identical to the one we introduced in the children, and their family has also reached out tion of the company). across international borders in hosting 17 ex- 106th Congress The bill would repeal the obsolete Section Congress has taken a major step forward in change students in 20 years. 815 provision. Since 1984, the Federal gov- Finally, Mr. Speaker, I am proud to my rewriting the regulatory structure of the finan- ernment has collected relative small amounts friend’s decision to turn in his badge will not cial services industry in the United States. of revenue with respect to PSAs as compa- mean a retreat from the dedicated service to This realignment is already having a positive nies avoid the specific events which trigger his fellow citizens that has been the bench- impact on the way life insurance companies PSAs taxation. There is not a ‘‘fund’’, ‘‘re- mark of his storied career. In fact, Mike is serve their customers, conduct their oper- serve,’’ ‘‘provision’’ or ‘‘allocation’’ on a life in- wasting no time in continuing his public serv- ations and merge their businesses to achieve surance company’s books to pay PSA taxes ice with his recent election to the Huron Coun- greater market efficiencies. Unfortunately, the because, under generally accepted accounting ty Board of Commissioners. I know the board tax code contains several provisions which no principles, neither the government nor tax- will welcome the addition of his significant longer represent valid tax policy goals, and in payers have ever believed that significant knowledge, skills and experience as they work fact are carry-overs from the old tax and regu- amounts of tax would be triggered. Neverthe- for the future of Huron County. latory regimes that separated the life insur- less, the continued existence of the PSAs I ask my colleagues to join me in expressing ance industry from the rest of the financial does result in a burden on the companies in gratitude to Sheriff Gage for his outstanding world and differentiated between the stock and today’s changing financial services world—a service and wish him continued success in mutual segments of the life insurance industry. burden based on bookkeeping entries made serving the needs of Huron County. Today, the lines of competition are not be- from sixteen to forty-one years ago to comply f tween the stock and mutual segments of the with Congress’ then vision of how segments of SOCIAL SECURITY AND MEDICARE life insurance industry. Rather, life insurers the life insurance industry should be taxed. In LOCK BOX ACT OF 2001 must compete in an aggressive, fast moving addition, the prior Administration made pro- global financial services marketplace contrary posals to require that PSA balances be taxed, SPEECH OF to the premises underlying these old, out- even though no triggering event has taken moded tax rules. place—thus creating additional uncertainty. HON. BOB RILEY In 1984 Congress enacted Section 809, The repeal of these two provisions, Sections OF ALABAMA which imposed an additional tax on mutual life 809 and 815, would provide certainty, less IN THE HOUSE OF REPRESENTATIVES insurers to guarantee that stock life insurers complexity, and remove two provisions from Tuesday, February 13, 2001 would not be competitively disadvantaged by the Internal Revenue Code, which no longer Mr. RILEY. Mr. Speaker, protecting Amer- what was then thought to be the dominant serve a valid tax policy goal in the life insur- ica’s retirement must be of the highest order. segment of the industry. Section 809 operates ance tax structure of the Internal Revenue H.R. 2 is extraordinarily important for guaran- by taxing some of the dividends that mutual Code. We urge our colleagues to join us in co- teeing a secure retirement for Americans. Our life insurers pay to their policyholders. When sponsoring this legislation. Government must never revert back to raiding Section 809 was enacted, mutual life insurers f the Social Security trust fund. held more than half the assets of U.S. life in- We have a moral obligation to not allow the surance companies. It is estimated that within TRIBUTE TO SHERIFF MICHAEL Medicare or Social Security surpluses to be a few years, life insurers operating as mutual GAGE carelessly squandered. All funds that are origi- companies are expected to constitute less nally designated for Medicare or Social Secu- than ten percent of the industry. HON. JAMES A. BARCIA rity must stay there, regardless of a surplus or The tax is based on a bizarre formula under OF MICHIGAN not. This legislation mandates that no Social which the tax of each mutual life insurer in- IN THE HOUSE OF REPRESENTATIVES Security or Medicare surpluses can be used creases if the earnings of its large stock com- Wednesday, February 14, 2001 for any other purpose other than debt reduc- pany competitors rise—even when a mutual tion or Social Security and Medicare reform company’s earnings fall. The provision has Mr. BARCIA. Mr. Speaker, today I pay trib- legislation. The creation of a ‘‘lockbox’’ for been criticized by the Treasury Department ute to Sheriff Michael Gage upon his retire- these funds, I believe, is essential for main- and others as fundamentally flawed in con- ment as Huron County’s top law enforcement taining the current status of Social Security cept. The original rationale behind the enact- official. During his decade-long tenure, Sheriff benefits and for protecting the future retirees ment of Section 809 no longer exists. Accord- Gage pioneered community policing long be- in our country. ingly, the bill would repeal Section 809. fore the term became common-place. As a po- Every American citizen has been promised Section 815 was added to the Code as part lice officer, as a father, as a devoted member a secure retirement and access to health care of the 1959 changes to the life insurance com- of his church and contributor to his commu- in their twilight years, and as representatives panies tax structure. Before 1959, life insur- nity, Michael Gage serves as a model for oth- of these citizens, we not only have a profes- ance companies were taxed only on their in- ers to emulate. sional duty, but a moral obligation to keep that vestment income. Underwriting (premium) in- Mike’s strength of character, deep sense of promise. The Social Security and Medicare come was not taxed, and underwriting ex- duty and judiciousness earned him a well-de- LockBox Act will guarantee that these funds penses were not deductible. The change pro- served reputation for principled leadership will be out of the reach of wasteful govern- vided that all life insurance companies paid within the Sheriff’s Department and his com- ment spending and kept secure for today’s tax on investment income not set aside for munity. His service was marked by a keen un- beneficiaries and future retirees.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.062 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E195 I urge my colleagues to join me today in discomfort with lightheadedness, fainting, produce work of the highest quality. Through- support of the Social Security and Medicare sweating, nausea or shortness of breath. out his career he has repeatedly sought out Lockbox Act. Together we can save a life. We will fight opportunities to materially improve the ways in f and win against this illness. which the Department of Defense allocates its f resources to effectively execute the National RECOGNIZING AMERICAN HEART Military Strategy. By actively working with IN RECOGNITION OF THE RETIRE- MONTH stakeholders in the Congress and throughout MENT OF CHARLES T. HARRIS the Department of Defense he has success- HON. JOE BACA fully streamlined and rationalized the submis- OF CALIFORNIA HON. JAMES P. MORAN sion of budget justification materials so that OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES they are both more timely and more useful to IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2001 decision makers. Wednesday, February 14, 2001 Senior leaders, both in the Congress and in Mr. BACA. Mr. Speaker, on Valentine’s day, Mr. MORAN of Virginia. Mr. Speaker, today the Department of Defense have benefitted a time of celebration of our loved ones, we I pay tribute to Charles T. Harris—one of our enormously from his unsurpassed experience, should take a moment to recognize American Federal Government’s finest public servants wisdom and clarity. His efforts have enabled Heart Month, established by the Congress in and a long time resident of the Common- our nation’s leaders to make the most effec- 1963. This February the American Heart Asso- wealth of Virginia. This March he will retire tive use of defense resources to ensure Amer- ciation’s 22.5 million volunteers and sup- from an exceptionally distinguished career of ica’s military strength in the twenty-first cen- porters are joining together with the message service to his country. He has served our na- tury. Mr. Harris is retiring from a career of ex- that we can combat heart disease. tion both in uniform and as a career civil serv- emplary merit and has earned the profound I worked on this issue in California, author- ant for over 38 years. He has been an excep- respect of a grateful nation. On behalf of my ing a bill to fight against heart disease, and tional leader and manager of the nation’s colleagues, I thank him for his service to our standing with the American Heart Association treasure and his efforts have materially country and wish him well on his retirement. on this important issue. strengthened our national defense. It gives me f Cardiovascular disease, including heart at- pride to have the opportunity to honor him tack and stroke, is America’s No. 1 killer and today for his tremendous accomplishments. INTRODUCTION OF THE CALI- a leading cause of permanent disability. An Mr. Harris began his career in public service FORNIA RECLAIMED WATER ACT American dies from cardiovascular disease in the summer of 1962 when he entered the FOR THE 21ST CENTURY every 33 seconds. Nearly 61 million Ameri- Corps of Cadets at the United States Military cans suffer from cardiovascular diseases. Car- Academy at West Point, New York. After grad- HON. GEORGE MILLER diovascular diseases kill nearly I million Ameri- uation, he served ten years on active duty in- OF CALIFORNIA cans every year—about 41% of deaths in the cluding two tours of duty with the U.S. Army IN THE HOUSE OF REPRESENTATIVES U.S. If cardiovascular diseases were elimi- in Vietnam, first as a platoon leader and then Wednesday, February 14, 2001 nated, life expectancy would rise by almost 7 as a company commander. After leaving the years. Cardiovascular disease, will cost Ameri- Army, Mr. Harris began his civilian career in Mr. GEORGE MILLER of California. Mr. cans an estimated $300 billion in medical ex- the Department of the Army as a supervisory Speaker, I am proud to introduce the Cali- penses and lost productivity in 2001. budget analyst responsible for the Army’s lo- fornia Reclaimed Water Act for the 21st Cen- Coronary heart disease (including heart at- gistics programs. In 1985, Mr. Harris began tury. I introduced almost identical legislation in tack and crushing chest pain) is the single work in the Office of the Under Secretary of the 106th Congress (H.R. 5555). largest killer of all Americans. Every 29 sec- Defense (Comptroller), where since 1988 he The dry winter we are experiencing in Cali- onds someone suffers a heart attack and has served in the Senior Executive Service in fornia should be a reminder that water short- every 60 seconds someone dies. This year, various leadership roles, including: Associate ages and drought are quite normal in our more than I million Americans will suffer a Director for Air Force Operations, Deputy Di- State. I strongly believe that investment in re- heart attack. More than 40% of these victims rector of the Revolving Funds Directorate, claimed water technology—water recycling— will die. Deputy Director and then Director for Oper- can help us ‘‘drought-proof’’ many of our com- This tragic illness affects women, too. Heart ations and Personnel. munity water supplies in California. disease, stroke and other cardiovascular dis- Mr. Harris’ professionalism and significant Projects that recycle water result in a net in- eases actually kill more American women than contributions have been recognized by every crease in available local water supplies and men. Cardiovascular diseases, including heart administration he has served. Among his can decrease the need for water that must be disease and stroke, remain the No. I killer of many awards, he has received the Out- supplied and often imported from other American females. More than 500,000 die standing Department of the Army Civilian sources. Because wastewater for recycling is each year. Cardiovascular diseases kill more Award (the PACE Award), the Presidential available even when other water supplies are females each year than the next 14 causes of Rank Award for Meritorious Service, and most diminished, recycled water can assist in pro- death combined. Heart disease kills five and a recently, the Department of Defense Distin- viding a long-term, reliable, local source of half times as many American women as guished Civilian Service Award, the highest water even during droughts. breast cancer. Stroke kills more than twice as award granted to civilian employees in DoD. Our farmers, urban dwellers, sport and com- many women as breast cancer. Cardio- Through his civilian career as a financial mercial fishing interests, tribes, mountain com- vascular diseases kill almost twice as many manager, Mr. Harris has steadily and continu- munities and environmentalists all seek a American females as all forms of cancer. ously accumulated a comprehensive knowl- more reliable and a more certain water future. The American Heart Association and other edge of the workings of the Federal budget Recycled water plays an important part in organizations are working relentlessly to re- process particularly as it pertains to financing meeting California’s water needs today and duce the burden—both physical and eco- the nation’s military forces. Year after year, will play an even more important role in the nomic—that heart disease places on Ameri- Mr. Harris has succeeded in transforming the next several decades. cans of all walks of life. This tragic illness af- administration’s defense priorities into a clear, About 3 percent of the water supply in the fects the lives of almost all Americans in some defensible and compelling, articulation of the San Francisco Bay Area is now recycled. way. We can win the fight against this dev- resource requirements necessary to execute Water managers hope that eventually as much astating disease with the support of every the nation’s peacetime and wartime military as 40 percent of the water will be recycled, man, woman, and child in our nation. We can operations. In his role as Director of the Oper- perhaps as much as 500,000 acre-feet per save a life, if we are prepared for cardiac ations and Personnel Directorate, he is directly year. California cities need planning help and emergencies. We should know the signs. Call responsible for fully 65 percent of the Depart- financial assistance to find markets for the re- 9–1–1 immediately. Give CPR. ment of Defense annual budget. He has be- cycled water, and to construct the treatment Unfortunately, too many Americans are not come an acknowledged expert on Military and conveyance facilities needed to get the aware of the heart attack warning signs. The Readiness, Recruiting and Retention, Quality treated water to identified markets. warning signs include uncomfortable pressure, of Life, Contingency Operations, Military Recycled water can be used for irrigation of fullness, squeezing or pain in the center of the Healthcare, Training and Education. golf courses, parks, school lands, business chest lasting more than a few minutes; pain Mr. Harris is an imaginative leader and ex- campuses, and highway medians, and for spreading to the shoulders, arm or neck; chest ceptional manager who inspires his people to groundwater recharge, wetlands development;

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.065 pfrm01 PsN: E14PT1 E196 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 and industrial purposes. We have to start BAN THE USE OF THE INTERNET In some countries, U.S. investors face sig- thinking about recycled water as a critical TO OBTAIN OR DISPOSE OF A nificant business, legal and political obstacles component of the water supply picture in Cali- FIREARM that prevent them from acquiring a controlling fornia. interest in a foreign company. This occurs in Californians and government agencies have HON. PATSY T. MINK particular when the local government has a recently affirmed their support for water recy- OF HAWAII share in the foreign venture, the industry is cling, first with the passage of the California IN THE HOUSE OF REPRESENTATIVES heavily regulated (financial services, utilities, water bond last year, and more recently with Wednesday, February 14, 2001 and oil and gas exploration, for example), or the approval of the CALFED water agreement other business factors necessitate that the Mrs. MINK of Hawaii. Mr. Speaker, today I which broadly sets a course for California’s U.S. investor hold a minority interest. Con- re-introduce a bill to ban the use of the inter- water future. Water recycling and reuse is a sequently, U.S. companies must operate in net to obtain or dispose of a firearm. major element of both these new actions and Internet technology has brought our world these foreign countries through corporate joint policies. closer together. It has made our lives more ventures, many times in partnership with local The Federal government’s support for water convenient by having almost anything we want businesses. U.S. international tax rules, how- recycling was initially authorized in the Rec- available at our fingertips, literally, by the click ever, tend to discourage corporate joint ven- lamation Wastewater and Groundwater Study of a button. We can purchase items from gro- ture activity, even when these foreign laws re- and Facilities Act of 1992. The Bureau of Rec- ceries, a brand new car, or even a semi-auto- quire that U.S. companies take minority own- lamation’s so-called ‘‘Title XVI’’ program origi- matic weapon from a private seller via the ership interest in cooperative arrangements nally approved financial assistance for plan- internet. with local companies in order to do business. ning, design and construction of four water re- The Gun Control Act of 1968 was enacted In particular, the so-called ‘‘10/50 foreign tax cycling projects in California. More projects for the purpose of keeping firearms out of the credit rules’’ impose a separate foreign tax were approved in 1996. hands of those not legally entitled to possess credit limitation for each corporate joint ven- The legislation I introduce today builds upon them because of age, criminal background, or ture in which a U.S. company owns at least 10 these Congressional efforts, voter ballot initia- incompetence. percent but not more than 50 percent of the tives and agency studies. To curb the illegal use of firearms and en- stock of the foreign entity. The bill authorizes a series of new Title XVI force the Federal firearms laws, the Bureau of Alcohol, Tobacco, and Firearms (ATF) issues The 10/50 regime is bad tax policy because water recycling projects and directs the Sec- it increases the cost of doing business for U.S. retary of the Interior to work with various water firearms licenses and conducts firearms li- censee qualification and compliance inspec- companies operating abroad by singling out districts throughout the State on water recy- income earned through a specific type of cor- cling activities. Specific projects included in tions. Use of the internet to dispose or obtain a porate business for separate foreign tax credit the bill are: Castaic Lake Water Agency; Clear firearm would bypass these Federal licensing ‘‘basket’’ treatment. This provision inevitably Lake Basin Water Reuse Project; San Ramon requirements, as well as background checks prevents U.S. companies from fully using Valley Recycled Water Project; Inland Empire and waiting periods. Compliance inspections these tax credits, and thus subjects them to Regional Water Recycling Project; San Pablo to help identify and apprehend criminals who double taxation. Moreover, the current rules Baylands Water Reuse Project in Sonoma, illegally purchase firearms would also be impose an unreasonable level of complexity, Napa, Marin and Solano Counties; State of avoided. especially for companies with many foreign California Water Recycling Program; Regional Criminals having access are not all that we Brine Lines (salt removal) in Southern Cali- corporate joint ventures. should be concerned about. Our children now fornia and in the San Francisco Bay and the The 1997 Tax Relief Act partially corrected have universal access to the internet—almost Santa Clara Valley areas; Lower Chino Dairy this inequity by eliminating separate baskets every classroom and many homes have been Area Desalination Demonstration and Rec- for 10/50 companies. Unfortunately, the 1997 installed with and public libraries have at least lamation Project; and the West Basin Com- act did not make the change effective for such one computer terminal with a modem. Our prehensive Desalination Demonstration Pro- dividends unless they were received after the children must be protected from the ease the gram. internet provides in obtaining firearms. year 2003. It further complicated the Tax Code These projects will have the capacity to It may be difficult to track internet firearm by requiring two sets of rules—one from earn- produce hundreds of thousands of acre-feet of purchases due to numerous security pre- ings and profits (E&P) generated before the useable water. Each acre-foot of recycled cautions available. Terrible damage may al- year 2003 and one for dividends from E&P ac- water produced by these projects will reduce ready have been done by the time the unli- cumulated after the year 2002. the demand in California for imported water censed purchaser and/or seller is detected. My legislation will greatly simplify the U.S. from the Bay-Delta and the Colorado River. We have an obligation to do all we can to tax treatment for U.S. companies subjected to Unlike traditional Bureau of Reclamation keep our communities safe. This bill will help these 10/50 foreign tax credit rules. This bill water projects, these water recycling projects prevent such weapons from getting into the will accelerate from 2003 to this year the re- require a majority of funds to be locally pro- wrong hands. peal of the separate foreign tax credit basket vided. Consistent with Title XVI limitations on I urge my colleagues to support this legisla- for these companies. In doing so, so-called recycling projects as authorized in 1992 and tion. ‘‘look-thru treatment’’ will allow them to aggre- 1996, the projects proposed in my bill require f gate income from all such ventures according 75 percent local funding. Federal cost sharing INTRODUCTION OF LEGISLATION to the type of earnings from which the divi- is limited to 25 percent. Moreover, this bill TO APPLY THE LOOK-THRU dends are paid, thus conforming the treatment specifies that none of the funds can be used RULES FOR PURPOSES OF THE of this joint venture income to other income for annual operation and maintenance costs. FOREIGN TAX CREDIT LIMITA- earned overseas by the U.S. companies. The Those annual expenses are the responsibility TION TO DIVIDENDS FROM FOR- proposal also ensures that pre-effective date of the local water districts or management EIGN CORPORATIONS NOT CON- foreign tax credits that are being carried for- agency. TROLLED BY A DOMESTIC COR- ward also receive this look-thru treatment. I strongly believe that water recycling will PORATION Without such a rule, these tax credits will ex- continue to play an important and growing role pire, a result that never was intended. in total water management strategies to pro- HON. SAM JOHNSON In 1999, the House of Representatives and vide a safe and sustainable water supply in OF TEXAS the Senate passed the ‘‘Taxpayer Refund and California and in many other parts of the coun- IN THE HOUSE OF REPRESENTATIVES try. The water recycling projects authorized by Relief Act of 1999.’’ Although former President the legislation I am introducing today are part Wednesday, February 14, 2001 Clinton vetoed that particular bill, his adminis- of a long-term solution to some of California’s Mr. SAM JOHNSON of Texas. Mr. Speaker, tration recommended this legislative proposal in its next budget proposal. Consequently, I most difficult challenges. Water recycling is I am joined by Representative BOB MATSUI in not the only solution. But, water recycling and the Introduction of legislation to clarify a provi- am confident that this bill will have strong bi- water reuse can play a significant part as sion of our tax code that is needlessly hin- partisan support. these projects can be designed, built, and dering U.S. businesses’ ability to efficiently op- I urge my colleagues to join me in cospon- placed in service within a short time. erate in overseas markets. soring this important legislation.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.068 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E197 HONORING CHAIRMAN ARTHUR his life, he has been an outstanding leader in yesterday in the national newspaper, USA LEVITT his community, always demonstrating a deep TODAY. After conducting a nationwide search commitment to public service. for a ‘‘City with Heart’’, they chose my home- HON. MICHAEL G. OXLEY Issie, along with his wife Zena, has been town of Buffalo, New York. In this great, his- OF OHIO actively involved in Connecticut’s political toric city you will find four enjoyable seasons, IN THE HOUSE OF REPRESENTATIVES arena for over forty-five years. Many of Con- world-class educational institutions, expansive necticut’s elected officials have benefitted from parklands, and the finest in art and architec- Wednesday, February 14, 2001 his support including former Governor Ella T. ture. For sheer quality of life, dollar-for-dollar Mr. OXLEY. Mr. Speaker, last week marked Grasso, former Senator Abraham Ribicoff, cur- my money is on Buffalo. the end of the Honorable Arthur Levitt’s tenure rent Senator CHRISTOPHER DODD and myself. It is with a great deal of pride that I com- as the longest-serving Chairman in the history His invaluable friendship is a tremendous gift mend to you this article entitled ‘‘Lots and Lots of the United States Securities and Exchange we have all cherished. of Heart in Buffalo.’’ Commission. Arthur has been a good friend of In the many years that I have known Is, I [From USA Today, Feb. 13, 2001] have continually been in awe of the incredible mine for quite some time. More importantly, THE CITY WITH HEART commitment he has to his hometown of over the past eight years, he has been a lead- (By Cathy Lynn Grossman) er in preserving the integrity of our capital Torrington, Connecticut. Though he has never BUFFALO—We’re snowed by Buffalo. markets and protecting America’s investors. held a public office, there are few that have USA Today launched a nationwide search I have worked closely with Arthur during his had a greater impact on this community. For for a ‘‘City with Heart’’—one with the en- entire tenure on a number of major initiatives, sixty years, he has been at the forefront of ergy, excitement and community fellowship especially the past few years in my capacity every major issue that has faced this eclectic that make a one-stoplight town or a swarm- as chairman of the former House Commerce New England city. With an enduring need to ing metropolis a treasured hometown. Subcommittee on Finance and Hazardous Ma- enrich this small community, Is was instru- Readers responded to our call with notes, terials. mental in the founding of two of the City’s poems and a bit of professional public-rela- Chairman Levitt leaves the Commission with most famous treasures. Under the direction of tions puffery, singing the praises of more than 120 communities from Tacoma, Wash., an enviable record of accomplishment. He former Parks and Recreation Supervisor Carl to Miami, Fla., to Barnes, a cozy English worked tirelessly to achieve his top priority of Bozenski and Is, the magical charm of town outside London. protecting investors, conducting more than 40 Bozenski’s Christmas Village came to life. A Some listed their towns’ tourist-brochure investor town meetings across the country, lis- Christmas tradition for fifty years, this charm- features. But most messages zeroed in on the tening and responding to their concerns. ing village is open only during the month of great, unmappable qualities like generosity He played an important role in the recent fi- December offering children a chance to visit of spirit—the social capital that makes peo- nancial services debates. The financial mod- with Santa and explore his workshop, com- ple rich in human connection, says political ernization legislation—known as the Gramm- plete with elves and live reindeer. As one of scientist Robert Putnam, author of Bowling Alone: The Collapse and Revival of American Leach-Bliley Act—was enacted after decades the original founders of the Nutmeg Ballet, he Community (Simon & Schuster, $26). of futility. It was, in part, the product of Chair- helped to bring the love of arts to Litchfield Many Americans remember with longing man Levitt’s hard work and support. County. Internationally recognized for dance those places and times where we felt those Persuading the nation’s stock exchanges to training for twenty years, the Nutmeg also of- bonds, expressed in ‘‘neighborhood parties convert to decimal pricing took some prodding fers instruction in music and drama. Both and get-togethers with friends, the from the Commission and Congress, but I am Christmas Village and the Nutmeg Ballet have unreflective kindness of strangers, the pleased to report that America’s investors are become Connecticut landmarks, much in part shared pursuit of the public good.’’ already benefiting from the narrower spreads The people of Buffalo still know these well. to Is Temkin’s efforts. And they stuffed the valentine ballot box that I envisioned when I introduced the Com- Throughout his professional career, Is has with the most notes to tell the world the mon Cents Stock Pricing Act of 1997. Chair- practiced dentistry in the Torrington commu- sunny truth about their oft-maligned, bliz- man Levitt deserves a great deal of credit for nity and is continuing to do so today. Serving zard-thumped city. helping implement this historic reform. as a member of the Connecticut State Dental They managed to be simultaneously proud He played an integral role in passage of the Commission, the regulatory board for den- and humble about their world-class art, ar- National Securities Markets Improvement Act, tistry, he ensured that residents received prop- chitecture and grand urban parks; a great which modernized the relationship between er care from dentists practicing in Connecticut. history including two U.S. presidents; and state and federal securities regulators and Keeping true to his endless efforts to improve generations of immigrants and their de- scendants who turn every weekend from May eliminated costly and duplicative state regula- his community, he opened a clinic in memory to October into a street festival. tion of national securities offerings. More re- of his brother and brother-in-law, both de- ‘‘Don’t let the snow fool you,’’ wrote Marge cently, his work on the Commodity Futures ceased dentists. For five years, the Dental McMillen, listing, as many did, the city’s re- Modernization Act, helped us pass historic leg- Clinic at Brooker Memorial has ensured that nowned museums and music hall, schools islation to provide legal certainty to the trillion- hundreds of uninsured children are provided and sports teams. ‘‘Buffalo is a warm-heart- dollar derivatives industry. with the dental care they need. His unparal- ed lady.’’ Finally, the SEC, under Mr. Levitt’s direc- leled dedication and compassion is an inspira- So we winged into town for a day to see. Eleven Buffalo buffs—eight of them born tion, has taken important steps in creating a tion to us all. here—joined us for platters of chicken wings regulatory framework that embraces new tech- Through his innumerable good works, Is has at the Anchor Bar, world famous for the nology and promotes competition. left an indelible mark on the Torrington com- spicy tidbits that legend says were invented In closing, Mr. Speaker, let me say that Ar- munity and the State of Connecticut. I am here. Friendlier people would be hard to find. thur Levitt is a man of great integrity who has honored to rise today and join his wife Zena, ‘‘That’s why we all come back here,’’ says served his nation admirably. He is the quin- his children; Alan, Nan, and Bruce; family, Dennis Warzel, one of five in the lunch group tessential public servant. The American people friends, and colleagues in paying tribute to who tried living elsewhere and felt Buffalo are better off for his tenure. Isadore Temkin as he celebrates this wonder- call him home. He’s now rooted here as se- curely as the lavish Buffalo Botanical Gar- f ful occasion. My best wishes for many more dens, where he spends hours volunteering. years of health and happiness. HAPPY HONORING ISADORE TEMKIN ON ‘‘That’s why my parents, who retired to BIRTHDAY! Florida, returned to be with their old HER 80TH BIRTHDAY f friends,’’ says Bonnie MacGregor, bass drum- mer in the Celtic Spirit Pipe Band. If Buffalo HON. ROSA L. DeLAURO ON BUFFALO, NEW YORK: THE were a band, its tunes would be drawn from OF CONNECTICUT ‘‘CITY WITH HEART’’ Irish, Scottish, Polish, Italian, German, Slavic, Jewish, Native American and a dozen IN THE HOUSE OF REPRESENTATIVES other cultures. Wednesday, February 14, 2001 HON. JOHN J. LaFALCE ‘‘This lovable rust-belt city is full of blue- OF NEW YORK collar guys of every ethnic background who Ms. DELAURO. Mr. Speaker, it is with great IN THE HOUSE OF REPRESENTATIVES get together on Sunday to watch the Bills pleasure that I today join the many friends and Wednesday, February 14, 2001 and remove their shirts in 35-degree weather. family members of my dear friend, Isadore (We) support everything from tractor pulls Temkin, in extending my warmest wishes as Mr. LAFALCE. Mr. Speaker, I want to share to the philharmonic—and hardly any drive- he celebrates his 80th birthday. Throughout with my colleagues an article that appeared by shootings,’’ quips Jim Joslin.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.070 pfrm01 PsN: E14PT1 E198 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001

Good neighbors keep this city’s heart beat- 41⁄2 hours on Maple Road in my car,’’ mar- dedicated source of funding for this species in ing, all agree. Asked for signs of neighbor- veled as strangers offered coffee and brushed the world. The authorization of appropriations liness in action, Sandra Cochran leapt to snow from the windshields. for the act expires on September 30, 2002 mention Friends of Night People. Lodged in ‘‘For a big city, it’s very small,’’ says a pink and white house on the edge of down- Kern. and the goal of my legislation is to extend the town, it’s a 24-hour soup kitchen and shelter Adds Nancy Lynch: ‘‘When people do small highly effective conservation law for an addi- of last resort, established 32 years ago when nice things for one another, they tend to tional 5 years. the homeless didn’t have the media atten- want to reciprocate. When the cycle is re- It is essential that we not allow this irre- tion they get today. peated over and over again over the years, placeable species to disappear from this plan- ‘‘Generosity here is above and beyond any- you end up with a City with Heart.’’ et. During the last reauthorization process, the place I’ve ever worked,’’ says director Darren f administration testified that ‘‘The principles Strickland, watching volunteer Betty Dorio embodied in this act are sound. They provide make bologna and cheese sandwiches. The INTRODUCTION OF THE AFRICAN a catalyst for cooperative efforts among the shelter serves 72,000 meals a year and pro- ELEPHANT CONSERVATION RE- governments of the world, nongovernmental vides eye, foot and health care for 1,600 chil- AUTHORIZATION ACT dren, women and elderly annually. organizations, and the private sector to work MacGregor noted the Roswell Park Cancer together for a common goal—the conservation Institute. It was the nation’s first such cen- HON. WAYNE T. GILCHREST and continued healthy existence of popu- ter and one of the largest for research and OF MARYLAND lations of African elephants. This is not a hand treatment. Yet it is permeated by positive IN THE HOUSE OF REPRESENTATIVES out, but a helping hand’’. feelings, she says, ‘‘Everyone smiles.’’ I urge my colleagues to join with me in sup- Wednesday, February 14, 2001 Indeed, that very gray Monday, there was port of the African Elephant Conservation Re- upbeat 17-year-old Dan Zak, a weekly volun- Mr. GILCHREST. Mr. Speaker, as the new teer from Canisius High School, playing the authorization Act of 2001. grand piano in the hotel-handsome atrium chairman of the House Subcommittee on Fish- f lobby. eries Conservation, Wildlife and Oceans, I am ‘‘You can be a workaholic here, but it’s op- pleased to introduce legislation to reauthorize INTRODUCTION OF THE ASIAN tional,’’ says Russell DeFazio, who hikes and the African Elephant Conservation Act of ELEPHANT CONSERVATION RE- plays tennis in Delaware Park. ‘‘It’s still a 1988. AUTHORIZATION ACT laid-back place.’’ Prior to the passage of this landmark con- ‘‘We work hard, but we make time to enjoy servation law, the population of African ele- HON. JIM SAXTON ourselves,’’ echoes Alan Kegler. OF NEW JERSEY With family. With friends. With strangers. phants plummeted from 1.3 million animals to ‘‘I wake up on a snowy day and my neighbor less than 600,000. The primary causes of this IN THE HOUSE OF REPRESENTATIVES has already cleared my driveway,’’ says catastrophic decline were the illegal poaching Wednesday, February 14, 2001 of elephants and the insatiable international Linda Storz. ‘‘You have to catch someone in Mr. SAXTON. Mr. Speaker, 4 years ago, I the act just to thank them.’’ demand for elephant ivory. Without immediate introduced the Asian Elephant Conservation Ah, snow. Talk turns to that inescapable action, it was clear that this flagship species of Act. I took that action because I was startled word, and once again the Buffalonians puff the African continent would continue its march to learn that there were less than 40,000 with pride. toward extinction. ‘‘I love the coldest, snowiest days here be- Asian elephants living in the wild. Further- In response to this crisis, the Congress cause everyone grows closer. People come more, nearly 50 percent of those elephants liv- passed the African Elephant Conservation Act. out of their houses, smiling and greeting one ing in various national parks in India, while the In addition, President George H. Bush used another on the street. It feels as safe as remaining animals were scattered in frag- Mayberry and as beautiful and sentimental the authority of this law to prohibit the importa- mented populations throughout 12 other coun- as a holiday greeting card,’’ wrote Sara tion of all carved ivory into the United States tries in South and Southeast Asia. Saldi. and to persuade the convention on the Inter- The primary reason for this serious decline ‘‘It’s not how much snow we get. It’s how national Trade in Endangered Species of wild we handle it. Our city never closes. We clean in population was the lose of essential habitat. fauna and flora [CITES] to place the African up and get going where others can’t,’’ says It is no secret that elephants and man are in elephant on its Appendix I list. Through this Philip Wiggle. direct competition for the same resources. In listing, a worldwide commercial ban on all Of course, problem-solving is second nature most cases, it was the elephants who lost in here in the birthplace of ‘‘brainstorming,’’ a products derived from the species was estab- those confrontations. creative thinking process developed by a lished in January of 1990. Due to these ac- In addition, Asian elephants are poached for local advertising executive, Alex Osborn, tions, the price of ivory, the trade in ivory, and that soon spread worldwide. Buffalo nurtures their bones, hide, meat, and teeth; they are the poaching of elephants all decreased al- still captured for domestication; and conflicts the idea with an annual creativity con- most immediately. ference, that has drawn hundreds of think- between elephants and people are escalating outside-the-box folks for 43 years. A key component of this law was the estab- at an alarming rate. Furthermore, it was clear One problem minimized: The tell-your- lishment of the African Elephant Conservation that millions of people were not aware of the grandchildren-about-it-someday blizzard Fund. Under the terms of the fund, the Sec- plight of Asian elephants and that range coun- that dumped 25 inches of snow in a day last retary of the Interior is charged with the re- tries lack the financial resources to help con- Nov. 20 and gave even indefatigable Buffalo sponsibility of reviewing and approving meri- pause. serve this flagship species. Without an inter- torious conservation projects. To date, 113 national effort, the future of the Asian elephant Most people would be calling the moving conservation projects that affect elephant pop- vans if they spent seven hours of a snow- was in serious jeopardy. storm trapped in a subway station like ulation in 22 separate countries have been In response to this problem, I, along with a Monica Huxley. But Huxley, who hadn’t funded. In total, $11.9 million in federal money number of other Members, proposed the es- lived in Buffalo yet a year, wrote to USA has been obligated for these projects, tablishment of an Asian elephant conservation TODAY that the helpful camaraderie among matched by $51.7 million in non-federal funds. fund. This concept was modeled after the strangers led her to love her new hometown. In recent years, money has been spent to highly successful African elephant conserva- MacGregor was among 200 who huddled in aerial monitor elephants in Kenya; assess the the Christmas wonderland of the tree-deco- tion fund, and the fundamental goal of my leg- impact of elephants on plant and habitat bio- islation was to obtain a small amount of Fed- rated Hyatt hotel lobby. She recalls: diversity in South Africa; control elephant crop ‘‘About 11:30 p.m., ladies from the hotel’s eral assistance for on-the-ground conservation housekeeping brought around lots of blan- damages in Ghana; financially assist the Afri- projects. kets and told us that we should each find a can elephant specialist group; study forest ele- In testimony before my subcommittee, eight Christmas tree to sleep near. They then kept phants in the Central African Republic; supple- witnesses indicated strong support for my bill the tree lights on and turned the hall lights ment anti-poaching activities in Zimbabwe; and their belief that it would be an effective off. We slept like little kids in a big and track the origin of African elephant ivory. way to assist Asian elephants. One of those ‘sleepover’ underneath the trees.’’ While the population of African elephants is witnesses, Dr. Terry Maple, the president of Warzel was trapped on downtown streets no longer declining, and, in fact, is growing in for nearly 20 hours, including a stretch the American Zoo and Aquarium Association, where a ‘‘lady went car to car passing out Southern Africa, the job of conserving this stated that, Ho-Hos.’’ Nancy Lynch was assured that her magnificent specifies is far from over. The This bill will provide competitive financ- son, trapped at school, was housed for the number of worthwhile unfunded projects far ing where it is needed most—in the wild to night by the welcoming parents of the school exceeds those receiving aid and the African support protection, conservation, and man- neighborhood; Ellen Kern, caught for ‘‘just Elephant Conservation Fund remains the only agement of threatened Asian elephants.

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.074 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E199 In addition, noted wildlife biologist, Doug TWENTY-SIXTH ANNUAL CAPITAL HONORING JOLIET TOWNSHIP Chadwick advised the subcommittee that PRIDE FESTIVAL JUNE 4–10, 2001 HIGH SCHOOLS To pass an Asian Elephant Conservation Act would be one of the most farsighted and HON. ELEANOR HOLMES NORTON HON. JERRY WELLER yet practical things we could do the benefit OF ILLINOIS OF THE DISTRICT OF COLUMBIA of Americans, people throughout Asia, and IN THE HOUSE OF REPRESENTATIVES the world we share. IN THE HOUSE OF REPRESENTATIVES Wednesday, February 14, 2001 Wednesday, February 14, 2001 Fortunately, this important legislation was Mr. WELLER. Mr. Speaker, today I honor overwhelmingly approved by both bodies, and Ms. NORTON. Mr. Speaker, I rise to pay Joliet Township High Schools (JTHS) as they it was signed into law on November 19, 1997. tribute to the 26th Annual Capital Pride Fes- celebrate their 100 year anniversary. Under the terms of P.L. 105–95, the Con- tival, a celebration of the National Capital The Joliet Township High Schools began gress could appropriate up to $25 million to Area’s Lesbian, Gay, Bisexual, and when the first school building’s foundation was the Asian elephant conservation funds until Transgendered communities, their families and laid in the year 1900. JTHS was dedicated on September 30, 2002. In fact, some $1.9 mil- their friends and their many contributions to April 4, 1901 and the original building was lion in Federal funds has been allocated and the District of Columbia. placed on the National Register of Historic those moneys have been matched by an addi- Since its beginning in 1975, the Capital Places in August of 1982. Today, Joliet Town- tional $1.1 million in private donations. Those Pride Festival has grown from a small block ship High School has two campuses: Joliet funds have been used to underwrite 27 con- party into a seven-day series of events. On West on Larkin Avenue and Joliet Central on servation grants in 9 different range countries. Sunday, June 10, 2001, the Festival will cul- East Jefferson Street. The type of prospects funded have included: minate in a large downtown parade and a When the building was originally dedicated, develop an elephant strategy in Sri Lanka; magnificent Pennsylvania Avenue street fair it was not only a high school but also the first identification of a suitable managed elephant attended by people of all backgrounds from home of Joliet Junior College. In 1902 the range in Malaysia; molecular tools for the local the District and the region. In 2000, over 125 school enrollment was 125 students, but by population assessment of Asian elephants; contingents marched in the parade; more than 1917 the school had doubled in size. school education to support Asian elephant 150,000 people attended the street fair in the When it comes to student support, Joliet conversation in India and trace the mobility shadow of the Capitol; and hundreds of ven- Township High School has a great tradition of patterns, population dynamics, and feeding dors and organizations had stalls, booths, and serving our country. During World War I, 34 patterns of Sri Lankan elephants. These pavilions. The street fair featured over five students and 5 faculty members served the projects were carefully analyzed and competi- hours of local entertainers and national head- United States, and that number tripled during tively selected from a list of nearly 100 pro- line performers. World War II. And, whenever a troop train posals that were submitted to the U.S. Fish The citizens of the District of Columbia and came through Joliet, you could count on the and Wildlife Service. I feel a special affinity for any Americans who high school band performing for them. This high school has a rich tradition of stu- While the early indications is that the world- do not share all the rights and privileges en- dent excellence. The high school has been wide population of Asian elephants has joyed by most citizens of the United States. I recognized throughout the State of Illinois and stopped its precipitous decline, it is unrealistic note that it has been seven years since the the Nation not only in academic achievement, to believe that $3 million can save this species District of Columbia had any vote on the floor but in extra-curricular activities as well. From of the House of Representatives, and I remind from extinction. Nevertheless, this law sent a winning the National Band Title eight times, to this body that ‘‘Taxation Demands Represen- powerful message to the international commu- winning the State Drama Competition six tation’’ is deeply resented by the entire city. nity that we must not allow this flagship spe- times, and most recently the 2000 Girls Soft- My Lesbian, Gay, Bi-sexual, and cies to disappear from the wild. The United ball State Title; Joliet Township High School States must continue to play a leadership role Transgendered constituents feel this lack more has a tradition that spans 100 years. in this effort. acutely. Every April 15th they know they bear Mr. Speaker, I urge this body to identify and I, therefore, urge my colleagues to join with the burdens of our democracy, yet they nei- recognize other institutions in their own dis- in support of the Asian Elephant Conservation ther have complete access to its power to re- tricts whose actions have so greatly benefitted Reauthorization Act of 2001 which will extend dress the injustices that befall Lesbian, Gay, and strengthened America’s communities. Bi-sexual, and Transgendered Americans, nor this vital conservation law for an additional 5 f years. do they have full power to redress those spe- cial injustices which we suffer in the District of INTRODUCTION OF THE RHINOC- f Columbia. EROS AND TIGER REAUTHORIZA- Congress has not yet protected sexual ori- TION ACT INTRODUCTION OF H.R. 614, THE entation from discrimination. Despite increas- COPYRIGHT TECHNICAL CORREC- ing reports of violence and physical abuse HON. WAYNE T. GILCHREST TIONS ACT OF 2001 against Lesbian, Gay, Bi-sexual, and OF MARYLAND Transgendered Americans, Congress has not IN THE HOUSE OF REPRESENTATIVES enacted protections against hate crimes. Con- Wednesday, February 14, 2001 HON. HOWARD COBLE gress must pass the Employment Non-Dis- Mr. GILCHREST. Mr. Speaker, I am today OF NORTH CAROLINA crimination Act (ENDA). Congress must pass pleased to introduce legislation to extend the IN THE HOUSE OF REPRESENTATIVES the Hate Crime Prevention Act. Congress authorization of appropriations for the Rhinoc- must pass Permanent Partners Immigration Wednesday, February 14, 2001 eros and Tiger Conservation Act of 1994, Act. Congress must return full voting rights to Mr. COBLE. Mr. Speaker, today I am intro- which is a landmark conservation law. the District of Columbia. When the Congress first enacted this pro- ducing H.R. 614, the ‘‘Copyright Technical In June, we will celebrate the accomplish- posal seven years ago, the population of Corrections Act of 2001.’’ H.R. 614 consists of ments of the Lesbian, Gay, Bi-sexual, and these two magnificent animals had fallen to purely technical amendments to Title I of the Transgendered Community and remember record lows. It was clear that unless imme- Intellectual Property and Communications Om- others who live on only in our hearts and pray- diate action was taken, these species would nibus Reform Act of 1999 and title 17, H.R. ers. As we celebrate and reflect, we must be virtually disappear from their historic range. 614 corrects errors in references, spelling, and ‘‘Proud and Strong Together’’ in the fight for Fortunately, Congress responded to this crisis. punctuation; conforms the table of contents full democracy for the District of Columbia and In the case of the five species of rhinoceros with section headings; restores the definitions full civil rights for the Lesbian, Gay, Bi-Sexual, their population status was bleak. In fact, the in chapter 1 to alphabetical order; deletes an and Transgendered persons of this Great Na- number of African black rhinos alone had fall- expired paragraph; and creates continuity in tion. en from 65,000 animals in 1970 to fewer than the grammatical style used throughout title 17. Mr. Speaker, I ask the House to join me in 2,000 in 1994. In total, there were less than This legislation makes necessary improve- saluting the 26th Annual Capital Pride Fes- 11,000 rhinos living in the wild. ments to the Copyright Act. It is non-con- tival; its organizers, The Whitman-Walker Clin- While human population growth was a major troversial and was passed under suspension ic and One-in-Ten; its sponsors; and the vol- factor in the destruction of the rhinoceros habi- of the rules in the 106th Congress. I urge unteers whose dedicated and creative energy tat, the other major cause of the species de- Members to support H.R. 614. make the Pride Festival possible. cline was the huge demand for products made

VerDate 112000 06:17 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.077 pfrm01 PsN: E14PT1 E200 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 from rhinoceros horn. Rhinoceros horn has SOCIAL SECURITY AND MEDICARE errors. Today, I offer the opportunity for my been used for generations to treat illnesses in LOCK-BOX ACT OF 2001 colleagues to work with me to remedy these children and for ceremonial purposes in cer- errors within this bill. In addition, this bill tain Middle Eastern countries. SPEECH OF makes a small number of other non-controver- Despite this grim future, the fate of the five HON. DANNY K. DAVIS sial changes requested by the PTO. For ex- remaining subspecies of tigers was even OF ILLINOIS ample, it changes the title of the chief officer worse. In 1990, there were more than 100,000 IN THE HOUSE OF REPRESENTATIVES of the PTO from ‘‘Director’’ to ‘‘Commis- tigers living in the wild. In 1994, the total was Tuesday, February 13, 2001 sioner.’’ It also clarifies some of the agency’s administrative duties and the protections for fewer than 5,000 animals which represented a Mr. DAVIS of Illinois. Mr. Speaker, I rise to decline of 95 percent. As in the case of rhinos, the independent inventor community. support House Resolution 2 Social Security This bill represents the progress made last the illegal hunting of tigers was the over- and Medicare Lockbox Act, the Social Security whelming factor in their demise. Tigers were session when the House was able to pass it is the Nation’s largest retirement and disability (H.R. 4870) by a unanimous voice vote under killed for their fur, and other body parts. Tiger program providing cash benefits to 44 million bone powders, wines, and tablets were used suspension of the rules. The bill is being re- retired and disabled workers and to their de- introduced in virtually the identical form as to combat pain, kidney, liver problems, rheu- pendents and survivors. Medicare provides 39 matism, convulsions, and heart conditions. passed last year in order to expedite these million of them with health insurance. Today, house-keeping processes. Additional changes Despite the fact that both rhinos and tigers 1 out of 6 Americans receive Social Security; requested by others have been placed on the are internationally protected, these prohibitions 1 out of 7 receives Medicare. About 155 mil- back burner for the present, since these revi- have not been effective. In 1998, the Sec- lion workers paid taxes to support the two pro- sions still require further review. Rest assured, retary of the Interior, Bruce Babbitt testified in grams. A major issue for President George W. there will be opportunities during the rest of support of reauthorizing the act when he said, Bush will be to provide a fiscal responsible the session for continued legislative oversight ‘‘This is a small grant program, but it is amaz- plan for maintaining the solvency of the Social and innovation in these areas. ing how much even a small amount of money Security System while guaranteeing income I urge all Members to support this innova- can mean to our partners in other countries. for America’s retired and disabled workers. tion-friendly legislation. Historically, Social Security has been a Something more intangible—but often even f more important—is the boost to their morale ‘‘pay-as-you-go’’ system. Ninety percent of the when they realize that we, the United States payroll taxes paid by workers are immediately PERSONAL EXPLANATION care enough to help them.’’ At that same hear- spent as benefits to current Social Security re- ing, the president of the American Zoo and cipients. The other 10 percent goes into the HON. MARK E. SOUDER Aquarium Association stated that, ‘‘Passage— Social Security Trust Fund for payment of fu- OF INDIANA combined with increased appropriations for ture benefits. Here lies the problem. In 1950 it IN THE HOUSE OF REPRESENTATIVES law enforcement will certainly be a bold step took 16 workers to support 1 beneficiary on Wednesday, February 14, 2001 Social Security compared to 3.4 workers to by the United States in ending the slaughter of Mr. SOUDER. Mr. Speaker, last evening I the rhinoceros and tigers in the wild.’’ support 1 recipient today. Mr. Speaker the American people demand that the Social Se- was unavoidably detained—specifically, two Since its passage in 1994, Congress has curity and Medicare surpluses will not be used consecutive flights from Fort Wayne were appropriated $2.9 million to the Rhinoceros for anything other than their current purposes. grounded because of mechanical problems— and Tiger Conservation Fund. This money has Even if, the current $2.7 trillion projected sur- and missed the votes congratulating President been matched by $4.1 million in private fund- pluses that are available for tax and spending Sharon of Israel and guaranteeing a lock box ing. Together this money has been used to fi- initiatives will be used up by President Bush’s on Social Security and Medicare funds. Had I nance 111 conservation projects in 16 range tax cut for the wealthiest 1 percent and other been here, I would have supported both bills. countries. These projects have included: A The problems in the Middle East are long- items that are associated with debt service database on tiger poaching, trade and other standing. I had the opportunity to meet Presi- costs. Spending our surpluses projected for wildlife crimes in India; desert Rhino conserva- dent Sharon on several occasions. He is a the next 10 years leaves us nothing to protect tion and research; development of national tough but fair man. Israel, constantly pressed Social Security and Medicare. tiger action plan in Cambodia; establishment by those who challenge its right to exist, of a viable population of ‘‘greater one-horned f needs a strong leader at this time. We stand rhinoceros’’; public education on Siberian tiger INTRODUCING H.R. 615, THE INTEL- behind one as he faces the difficult times conservation; survey and habitat assessment LECTUAL PROPERTY TECHNICAL ahead. for South China tigers; training in anti-poach- AMENDMENTS ACT OF 2000 I would also like to insert the following arti- ing techniques for rhinoceros in southern na- cles about the late Reverend Joseph White tional parks; training of staff in Nepal’s Depart- HON. HOWARD COBLE into the CONGRESSIONAL RECORD. Reverend Jesse White was my friend. He ment of National Parks, and a video on tiger OF NORTH CAROLINA was a friend to thousands and thousands of poaching in Russia. In addition, the National IN THE HOUSE OF REPRESENTATIVES Fish and Wildlife Foundation has done a su- people. Wednesday, February 14, 2001 perb job of managing the Save the Tiger Fund He was a friend even to many he did not that has helped to educate millions of people Mr. COBLE. Mr. Speaker, today I introduce, know because through his pioneering efforts about the harmful effects of tiger poaching. H.R. 615, ‘‘The Intellectual Property Technical he advanced the basic civil rights of many Amendments of 2001.’’ As my colleagues who may have been deprived of such rights Since the establishment of this grant pro- know, the success of our economy and quality without his efforts. gram, these conservation projects have helped of modern life can be directly attributed to the Not too many of us can look back and truly to change international opinion on the need to innovation and genius of our patent and trade- say we were a prophet. Dr. White was a protect their animals. While the job is far from mark system whether, it be in the fields of prophet. He, and other pioneers in civil rights, complete, the population of both animals has computers, media, aerospace, or bio-tech- had dreams that are now becoming reality. slightly increased and there is new found hope nology. Complete justice has not been achieved. of saving their species from extinction. How- In 1999, Congress successfully passed But without Dr. White there would be less jus- ever, it is essential that the availability of landmark legislation to modernize our patent tice. money to this fund be extended for an addi- system and transform the Patent and Trade- Not only does he leave behind a history, tional five years. In addition, I will work to in- mark Office (PTO) into a more autonomous through his family, his legacy lives on. His crease the amount of appropriated money for and efficient agency. This legislation—the sons carry on his ministry in different ways. rhinoceros and tiger projects. The good news ‘‘American Inventors Protection Act’’—was the His daughter has been active in government is that the Department of the Interior financed most significant reform of its type in a genera- and in promoting education training and op- 111 projects. The bad news is that it lacked tion, and it represented five years of hard work portunities. the resources to fund some 358 other by a large, diverse group of Members, Admin- We will miss Dr. White’s leadership in Fort projects, many of which were highly meri- istration officials, inventors, union representa- Wayne and his national influence as well. torious. tives, and businesses. REV. WHITE DEMANDED EQUALITY I urge support for the Rhinoceros and Tiger At the same time, the Act contained a small If the civil rights movement over the last Conservation Reauthorization Act of 2001. number of clerical and other technical drafting half-century was embodied in any single

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.081 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E201 Fort Wayne resident, surely it was the Rev. That’s what White was like, unafraid of [From the Journal Gazette] Jesse White, 73, who died Monday. any showdown. He was used to them. In his RIGHTS ACTIVIST JESSE WHITE DEAD AT AGE Tall, with a linebacker’s physique and a 45 years in Fort Wayne, he’d had plenty, with 73 booming baritone voice that was equally ef- companies, schools, even his own church at (By David Gilner) fective in soft conversation as a in delivering one point. Nearly paralyzed by the brain tumor that a sermon or demanding justice, the pastor of ‘‘Rev. White realized that things weren’t would take his life three days later, the Rev. True Love Baptist Church had the rare abil- going to change if someone didn’t take ac- Jesse White insisted on leading a funeral ity to cut an imposing yet approachable tion, so he led the march, he made the pro- service Friday for a parishioner he had bap- presence in any room he entered. nouncements that things were unfair,’’ said tized. Parishioners, friends and public officials Charles Redd, a former City Council member Three mem physically supported the Rev. will remember the Rev. White as much for who had worked with White for decades. White, one of Fort Wayne’s most renowned his compassion in helping and serving people ‘‘This community should be grateful,’’ said as in his passion for fighting for civil rights. civil rights leaders, as he warned the audi- the Rev. Temae Jordan. ‘‘We’re enjoying the ence about life’s fleeting nature. For instance, one of his longtime friends, benefit of the struggles he took on.’’ former City Councilman Charles B. Redd, re- ‘‘Don’t waste your time, young people, for Sometimes it was fun. White would occa- members White as the civil rights leader who time is a master,’’ his daughter, Rhonda sionally have lunch with Redd at the Cham- charged into a closed Fort Wayne Commu- White, recalled him saying. ‘‘Once a second ber of Commerce so plenty of people would nity Schools board meeting. But he also re- or a minute or a day goes by, you can not see them and wonder what they were plan- members the minister who would open his grab it back.’’ ning, Redd said. In reality, most of their se- wallet to people in need, a caring pastor who The Rev, White 73, knew how prophetic his rious discussions of strategy took place ordered a youth caught looting a parish- words would be. while bowling, he said. ioner’s car be taken not to jail but to the About 2 a.m. Saturday, the pastor was ad- front of the congregation, where he prayed Sometimes it was tense and serious. mitted to Lutheran Hospital, where he died with the youth and asked the congregation When a local manufacturing company fired at 2:30 a.m. Monday. to grant forgiveness. a handful of black workers for minor infrac- City officials and civic leaders throughout His commanding presence and eloquence in tions several years ago. White thought the Fort Wayne mourned the loss of a man who giving voice to the wrongs of racism through firings looked like a setup. he supported the spent more than half a century fighting rac- a number of lenses—religion, the Constitu- fired workers as they picketed the company. ism. tion, economics, personally—made him a He took their case to the top of the com- Glynn Hines, Fort Wayne City Council’s natural leader. He protested segregated Fort pany. The business was afraid of repercus- only black member, said the Rev. White was Wayne restaurants in the 1950s and 1960s. It sions from white workers if the fired workers an icon of activism, who lived by the seize- was the Rev. White who helped direct a black were rehired, Redd said, but White created the-day philosophy he promoted with his boycott of Fort Wayne Community Schools enough pressure that the men were rein- final sermon. in 1969, applying as much pressure on other stated. ‘‘’That’s his spirit of can-do, and I think he black ministers to urge their congregations Arguing that people without economic instilled that on many young people who to participate as on the white leaders of the power have no power at all, White spear- came through his congregation,’’ said Hines, school system. headed boycotts of groceries and department who was baptized by the Rev. White in 1962. The Rev. White chose his battles wisely, a stores to pressure them to hire more minor- A potent speaker and powerful singer, the natural ability borne from the heart and ity employees, and won. Rev. White was a key member of Fort soul, not public relations concerns, self-in- His best-known boycott sowed seeds that Wayne’s ‘‘old guard’’ civil rights leaders who terests or pressure from others. ‘‘He was the are still growing today. organized marches and boycotts to raise awareness of inequality. kind of person who would do his own assess- In 1969, White, along with officials in the Even in recent years, his thick glasses and ment, whether it was right or wrong, wheth- Urban League and NAACP, protested that thicker white sideburns could be spotted at er it was justice or injustice,’’ Redd said. Fort Wayne schools were segregated. They rallies against crime on the city’s southeast Though the kept his long, signature side- presented solutions to the school board. bars long after they had become passe in a side. They were quickly rejected. fashion sense, the Rev. White’s approach ‘‘He may have been pleased with the inches So White helped lead a boycott of Fort changed along with the times. As the leader of progress, but he was looking for miles,’’ Wayne Community Schools. His and other of the local Operation Breadbasket in the Hines said. ‘‘He always used to say, ‘You’ll churches established freedom schools and an- early 1980s, White set about to address the know there’s not a need to fight when there’s nounced that black students would refuse to economic legacy of racism, leading boy- not a need to fight.’’’ attend classes in the Fort Wayne schools. cotts—and negotiations—with national de- The Rev. White was born in Natchez, Miss., partment store and grocery chains, urging Ninety-five percent of black students hon- in 1927. Traveling with a group of gospel them to hire more blacks at their Fort ored the boycott. Photos showed classrooms singers, he first came to Fort Wayne in 1953. Wayne outlets. By the 1990s, White con- empty or with only one or two students. The next year, he made the city his home. centrated on helping the economically dis- Within days, the state took the side of the He became pastor of Progressive Baptist advantaged people in his own southeast boycotters, forbidding the Fort Wayne dis- Church in 1955 and married Ionie Grace Eng- neighborhoods, opening the 30-unit True trict to build new schools or make additions land in 1956. They had nine children. Love Manor for senior citizen housing and to existing buildings. In 1969, segregation sparked him to help the 52-unit Adams and Bruce Housing for It took two years, but a plan to eliminate lead a high-profile boycott against Fort people with disabilities. True Love’s com- segregation was approved, and the first mag- Wayne Community Schools. He marched na- puter learning center helped more than 1,500 net school, which draws students from across tionally and at home to raise awareness of students ages 6 to 86 learn and upgrade their the district, was established. discriminatory hiring at banks, super-mar- computer skills. The magnet school concept, long since ex- kets and retailers. He became a confidant of Through his ministry, his leadership in panded after later lawsuits, was first pre- Jesse Jackson, whose presidential campaigns civil rights and his personal compassion, the sented a generation ago by a group that in- the Rev. White helped coordinate in 1984 and Rev. Jesse White enriched his church, his cluded White. 1988. Progressive Baptist grew under the Rev. neighborhood and Fort Wayne as a whole. He White was one of a dwindling group, a man White’s leadership, becoming Greater Pro- will be truly missed. who took to the streets to call attention to gressive Baptist Church after moving into its things he didn’t consider just. seventh home in 1972. A power struggle and FIGHTER FOR JUSTICE CHANGED THE CITY In that sense he was a product of his time. allegations of financial impropriety led the (By Frank Gray) He arrived in Fort Wayne at a time when the Rev. White to resign from Greater Progres- media didn’t show up when a black man When NAACP President Michael Latham sive and found True Love Baptist Church in wasn’t allowed to get on a bus. They only heard last month that the Rev. Jesse White 1974. showed up when someone protested and boy- was ill, he went to his house immediately. Both churches became major players on cotted. So that is what White did. ‘‘I’m in tears, and he’s still Dr. White,’’ Fort Wayne’s civil rights front. Any friction Latham said. ‘‘He never changed.’’ That had changed in the last 10 years or so between the two was forgotten, said Greater A week ago, White was still teaching at for two reasons. Progressive Pastor Ternae Jordan. True Love Baptist Church, treating the dis- Times themselves had changed, Jordan Jordan became pastor 16 years after the ease that would quickly kill him as just said. Also, ‘‘When you’re out on the front Rev. White’s resignation, and he was excited something else to deal with. line, you see issues, but as you get older you about the chance to work alongside the Rev. Even on Saturday, as he lay in the hos- realize that your greatest calling is to be a White. pital, unable to respond when Latham asked shepherd.’’ ‘‘There was no animosity between Dr. him whether he was OK, White signaled with Until late last week, that was where the White and myself,’’ Jordan said. ‘‘I knew the his-hand that everything was all right. Rev. Jesse White could be found, shepherding name of Jesse White before I even came to ‘‘He was full of life, not afraid of death,’’ people at the church he founded, though he Fort Wayne. I grew up in the home of a min- Latham said. knew he was also staring death in the face. ister, and Jesse White was a household name

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.085 pfrm01 PsN: E14PT1 E202 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2001 in African-American homes across the coun- concern for other young pastors, people in White also touched many lives through his try.’’ need and those facing racial discrimination. dynamic preaching and as a mentor, clergy The Rev. White became president of the ‘‘I guess you could call him a drum major said. local Council of Civic Action, brought Oper- for justice,’’ said Hana Stith, chairwoman of First as pastor of Progressive Baptist ation Bread-basket to Fort Wayne and was the African/African-American Historical Mu- Church from 1955 to 1974, and then as leader president of the local chapter of Jackson’s seum. ‘‘He really was.’’ of True Love Baptist, which he founded in Operation P.U.S.H. The funeral service for White will be 10 1974, White was a frequent guest speaker at His first wife died in 1993, and he married a.m. Saturday at True Love Baptist, 715 E. local pulpits. Vanessa Atkins in 1995. Wallace St. Calling will be 9 a.m.-4 p.m. Fri- ‘‘If anybody would call Dr. White to come Funderal services will be 10 a.m. Saturday day at Calvary Temple Worship Center, 1400 and speak, he would never say no,’’ Latham at True Love Baptist Church, 715 E. Wallace W. Washington Center Road. A memorial said. St. Calling will be 9 a.m. to 4 p.m. Friday at service will follow from 5 to 8 p.m. White’s preaching ability also frequently Calvary Temple Worship Center, 1400 W. White, who moved to Fort Wayne in the set up and preached at out-of-town crusades Washington Center Road. early 1950s, first made an impact locally dur- as part of his duties as chairman of the Na- A memorial service will be 5 to 8 p.m. Fri- ing the civil rights struggle of the late 1950s tional Baptist Convention’s evangelistic day. He will be buried in Lindenwood Ceme- and early 1960s. board, Bledsoe said. tery. ‘‘I do a lot of traveling,’’ Bledsoe said, As president of the Civic Action Com- ‘‘and when I say I’m from Fort Wayne, they mittee, he led other local African-American say, ‘Oh, you are from Jesse White’s town.’’’ REV. JESSE WHITE REMEMBERED AS ‘‘DRUM pastors in opening restaurants that had re- But despite a busy schedule, White was al- MAJOR FOR JUSTICE’’ fused to serve minorities, recalled the Rev. ways willing to help with a community or James Bledsoe of St. John Missionary Bap- (By Kevin Kilbane) personal need, said the Rev. Vernon Graham, tist Church. The Rev. Michael Latham remembers the executive pastor of Associated Churches of phone calls. The committee intervened when companies Fort Wayne and Allen County. When Latham first became a pastor 12 refused to hire minorities or to treat them ‘‘He was like the tall oak tree,’’ Graham years ago, the Rev. Jesse White would call fairly, said Bledsoe, president of the local Af- said. ‘‘He was one of the pastors the younger once a week to see how the younger man was rican-American pastors’ Inter-denomina- pastors would turn to for advice and coun- doing. tional Ministerial Alliance. seling.’’ At least once a month, White would call on In addition, White and the committee led Graham also frequently asked White’s help Sunday morning to encourage Latham before protests against racial segregation in the in planning or carrying out Associated the young man went off to lead Renaissance Fort Wayne Community Schools district. churches’ projects. Those efforts have in- Missionary Baptist Church in worship. In fall 1969, for example, the pastors orga- cluded establishing food banks and other White, the pastor of True Love Baptist nized a boycott that kept 1,300 children out programs to help the needy, and initiatives Church, always ended the conversation with of schools. Children attended ‘‘freedom to heal racial division. the words, ‘‘Preach good.’’ schools’’ in the churches for nine days before Through White’s work, Latham and other ‘‘He was my mentor,’’ Latham said of FWCS agreed to provide the students with pastors noted, present generations enjoy the White, 73, who died Monday after a short ill- equal educational resources. freedom and opportunities they have now. ness. ‘‘He didn’t fear any retribution,’’ Stith ‘‘Dr. White was one of the ones who paved During nearly 50 years of ministry in Fort said. ‘‘He just stepped up and did what was the way,’’ Latham said ‘‘I think what we are Wayne, friends and White showed the same right.’’ doing today is standing on his shoulders.’’

VerDate 112000 06:01 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.087 pfrm01 PsN: E14PT1 February 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E203 SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED programs that fall within the jurisdic- tion of the subcommittee. Title IV of Senate Resolution 4, FEBRUARY 27 SD–124 agreed to by the Senate on February 4, 11 a.m. 1977, calls for establishment of a sys- Appropriations APRIL 3 tem for a computerized schedule of all Energy and Water Development Sub- 10 a.m. meetings and hearings of Senate com- committee Appropriations To hold hearings on proposed budget es- Energy and Water Development Sub- mittees, subcommittees, joint commit- timates for fiscal year 2002 for the committee tees, and committees of conference. Army Corps of Engineers. To hold hearings on proposed budget es- This title requires all such committees SD–138 timates for fiscal year 2002 for certain to notify the Office of the Senate Daily programs that fall within the jurisdic- FEBRUARY 28 Digest—designated by the Rules Com- tion of the subcommittee. 9 a.m. SD–124 mittee—of the time, place, and purpose Indian Affairs of the meetings, when scheduled, and To hold hearings to receive the views of APRIL 24 any cancellations or changes in the the Department of the Interior on mat- 10 a.m. meetings as they occur. ters of Indian Affairs. SR–485 Appropriations As an additional procedure along Energy and Water Development Sub- with the computerization of this infor- MARCH 13 committee To hold hearings on proposed budget es- mation, the Office of the Senate Daily 9:30 a.m. Appropriations timates for fiscal year 2002 for certain Digest will prepare this information for programs that fall within the jurisdic- printing in the Extensions of Remarks Energy and Water Development Sub- committee tion of the subcommittee. section of the CONGRESSIONAL RECORD To hold hearings on proposed budget es- SD–124 on Monday and Wednesday of each timates for fiscal year 2002 for certain week. programs that fall within the jurisdic- MAY 1 tion of the subcommittee. 10 a.m. Meetings scheduled for Thursday, SD–124 Appropriations February 15, 2001 may be found in the Energy and Water Development Sub- Daily Digest of today’s RECORD. MARCH 27 committee 10 a.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 2002 for certain Energy and Water Development Sub- programs that fall within the jurisdic- committee tion of the subcommittee. To hold hearings on proposed budget es- SD–124 timates for fiscal year 2002 for certain

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HIGHLIGHTS The House passed H.R. 559, Designating the John Joseph Moakley United States Courthouse in Boston, Massachusetts. The House passed H.R. 524, Electronic Commerce Enhancement Act. The House passed H.R. 554, Rail Passenger Disaster Family Assistance Act. Senate Chamber Action Measures Referred: Page S1392 Measures Read First Time: Page S1437 Routine Proceedings, pages S1363–S1438 Communications: Pages S1392–94 Measures Introduced: Eighteen bills and nine reso- lutions were introduced, as follows: S. 322–339, S. Statements on Introduced Bills: Pages S1395–S1425 Res. 20–24, and S. Con. Res. 11–14. Pages S1394–95 Additional Cosponsors: Pages S1425–26 Measures Passed: Authority for Committees: Page S1435 Patent, Copyright, and Trademark Laws Tech- Additional Statements: Pages S1390–92 nical Corrections: By a unanimous vote of 98 yeas (Vote No. 12), Senate passed S. 320, to make tech- Record Votes: One record vote was taken today. nical corrections in patent, copyright, and trademark (Total—12) Page S1381 laws. Pages S1376–84 Adjournment: Senate met at 10 a.m., and ad- President’s Trip to Mexico: Senate agreed to S. journed at 5:02 p.m., until 10 a.m., on Thursday, Con. Res. 13, expressing the sense of Congress with February 15, 2001. (For Senate’s program, see the re- respect to the upcoming trip of President George W. marks of the Acting Majority Leader in today’s Bush to Mexico to meet with newly elected Presi- Record on page S1437.) dent Vicente Fox, and with respect to future cooper- ative efforts between the United States and Mexico. Pages S1435–37 Committee Meetings

Organ and Blood Donations: Senate agreed to S. (Committees not listed did not meet) Con. Res. 12, expressing the sense of Congress re- garding the importance of organ, tissue, bone mar- row, and blood donation, and supporting National DEPARTMENT OF TRANSPORTATION Donor Day. Page S1437 MANAGEMENT CHALLENGES President’s State of the Union Address: Senate Committee on Appropriations: Subcommittee on Trans- agreed to H. Con. Res. 28, providing for a joint ses- portation concluded hearings on Department of sion of Congress to receive a message from the Presi- Transportation management oversight issues, includ- dent. Page S1437 ing transportation safety, stewardship of transpor- Adjournment Resolution: Senate agreed to H. tation funding, immediate budget issues, and avia- Con. Res. 32, providing for a conditional adjourn- tion system performance, after receiving testimony ment of the House of Representatives and condi- from Kenneth M. Mead, Inspector General, Depart- tional recess or adjournment of the Senate. ment of Transportation; and John H. Anderson, Page S1437 Managing Director, Physical Infrastructure, General Accounting Office. Messages From the House: Page S1392

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EXPORT CONTROLS Hearings recessed subject to call. Committee on Banking, Housing, and Urban Affairs: Committee concluded hearings on S. 149, to provide EDUCATION TAX AND SAVINGS authority to control exports, and examined issues re- INCENTIVES lating to the establishment of an effective, modern Committee on Finance: Committee concluded hearings framework for export controls, and the impacts of to examine proposed legislation that would offer globalization and export controls on national secu- education tax and saving incentives, including re- rity, after receiving testimony from John J. Hamre, lated provisions of S. 289, to amend the Internal Center for Strategic and International Studies, Wash- Revenue Code of 1986 to provide additional tax in- ington, D.C.; and Donald A. Hicks, Hicks and Asso- centives for education, S. 133, to amend the Internal ciates, McLean, Virginia, on behalf of the Defense Revenue Code of 1986 to make permanent the ex- Science Board Task Force on Globalization and Secu- clusion for employer-provided educational assistance rity. programs, and S. 152, to amend the Internal Rev- COMPETITIVE MARKET SUPERVISION enue Code of 1986 to eliminate the 60-month limit Committee on Banking, Housing, and Urban Affairs: and increase the income limitation on the student Committee concluded hearings on S. 143, to amend loan interest deduction, after receiving testimony the Securities Act of 1933 and the Securities Ex- from Senators McConnell, Sessions, Biden, Schumer, change Act of 1934, to reduce securities fees in ex- Allen, Hutchinson, Harkin, and Collins; Steven cess of those required to fund the operations of the Maguire, Analyst in Public Finance, Government Securities and Exchange Commission, to adjust com- and Finance Division, Congressional Research Serv- pensation provisions for employees of the Commis- ice; Kimberly Sheppard, University of Iowa College sion, after receiving testimony from Laura S. Unger, of Dentistry, Iowa City, on behalf of the American Acting Chair, Securities and Exchange Commission; Dental Association; Tom Carter, West Liberty High Marc Lackritz, Securities Industry Association, School, West Liberty, Iowa; David J. Pearlman, Fi- Washington, D.C.; James E. Burton, California Pub- delity Investments, Westlake, Texas; and Janet lic Employees’ Retirement System (CalPERS), Sac- Parker, Amsouth Bank, Birmingham, Alabama, on ramento; and Leopold Korins, Security Traders Asso- behalf of the Society for Human Resource Manage- ciation, New York, New York. ment/Section 127 Coalition. INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS PRESIDENTIAL PARDONS Committee on Commerce, Science, and Transportation: Sub- Committee on the Judiciary: Committee concluded committee on Communications held hearings to ex- hearings to examine the impact of recent pardons amine the structure of the Internet Corporation for and commutations granted by President Clinton, in- Assigned Names and Numbers, the organization in cluding the pardons of Marc Rich and Pincus Green, charge of creating and distributing Internet domain as well as the pardon process, the role of the Depart- names, and the effort underway to expand available ment of Justice, and constitutional and legal issues domain names, receiving testimony from Michael M. that could arise from legislative efforts to revise the Roberts, Marina Del Rey, California, and Karl current system, after receiving testimony from Roger Auerbach, Cisco Systems, San Jose, California, both Adams, Pardon Attorney, and Eric H. Holder, Jr., on behalf of Internet Corporation for Assigned former Deputy Attorney General, both of the De- Names and Numbers; A. Michael Froomkin, Univer- partment of Justice; Jack Quinn, Quinn and Gil- sity of Miami School of Law, Coral Gables, Florida; lespie, Washington, D.C.; Benton Becker, University Roger J. Cochetti, VeriSign, Inc., and Kenneth M. of Miami, Pembroke Pines, Florida; Ken Gormley, Hansen, NeuStar, Inc., both of Washington, D.C.; Duquesne University, Pittsburgh, Pennsylvania; and and Brian R. Cartmell, eNIC Corporation, Seattle, Christopher H. Schroeder, Duke University, Dur- Washington. ham, North Carolina.

VerDate 11-MAY-2000 05:24 Feb 15, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14FE1.REC pfrm01 PsN: D14FE1 D128 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2001 House of Representatives and a conditional recess or adjournment of the Sen- Chamber Action ate. Page H349 Bills Introduced: 114 public bills, H.R. 608–721; Resignations—Appointments: Agreed that not- 1 private bill, H.R. 722; and 23 resolutions, H.J. withstanding any adjournment of the House until Res. 20–21; H. Con. Res. 32–38, and H. Res. Monday, February 26, 2001, the Speaker, Majority 40–53, were introduced. Pages H393–99 Leader, and Minority Leader be authorized to accept Reports Filed: No reports were filed today. resignations and to make appointments authorized Speaker Pro Tempore: Read a letter from the by law or by the House. Page H349 Speaker wherein he designated Representative Emer- Quorum Calls—Votes: Two yea and nay votes de- son to act as Speaker pro tempore for today. veloped during the proceedings of the House today Page H327 and appear on pages H348 and H348–49. There John Joseph Moakley United States Courthouse were no quorum calls. in Boston, Massachusetts: The House passed H.R. Adjournment: The House met at 10 a.m. and pur- 559, to designate the United States courthouse lo- suant to the provisions of H. Con. Res. 32 adjourned cated at 1 Courthouse Way in Boston, Massachu- at 5:32 p.m. until 2 p.m. on Monday, February 26, setts, as the ‘‘John Joseph Moakley United States 2001. Courthouse.’’ Pages H334–43 Suspension—Electronic Commerce Enhancement Committee Meetings Act: The House agreed to suspend the rules and pass H.R. 524, to require the Director of the National FARM ECONOMY STATUS; COMMITTEE Institute of Standards and Technology to assist small ORGANIZATION; OVERSIGHT PLAN and medium-sized manufacturers and other such businesses to successfully integrate and utilize elec- Committee on Agriculture:. Held a hearing on the cur- tronic commerce technologies and business practices, rent state of the farm economy and the economic and to authorize the National Institute of Standards impact of federal policy on agriculture. Testimony and Technology to assess critical enterprise integra- was heard from Keith Collins, Chief Economist, tion standards and implementation activities for USDA; and public witnesses. major manufacturing industries and to develop a Prior to the hearing, the Committee met for orga- plan for enterprise integration for each major manu- nizational purposes. facturing industry by a yea and nay vote of 409 yeas The Committee approved an Oversight Plan for the 107th Congress. to 6 nays, Roll No. 14. Pages H343–48 Rail Passenger Disaster Family Assistance Act: NETWORKS—ELECTION NIGHT The House passed H.R. 554, to establish a program, COVERAGE; COMMITTEE ORGANIZATION; coordinated by the National Transportation Safety OVERSIGHT PLAN Board, of assistance to families of passengers involved Committee on Energy and Commerce: Held a hearing en- in rail passenger accidents by a yea and nay vote of titled: ‘‘Election Night 2000 Coverage by the Net- 404 yeas to 4 nays, Roll No 15. works.’’ Testimony was heard from officials of var- Pages H330–34, H348–49 ious TV Networks, news services and other public Earlier, the House agreed to H. Res. 36, the rule witnesses. that provided for consideration of the bill by voice Prior to the hearing, the Committee met for fur- vote. Pages H329–30 ther organizational purposes. Senate Members of the Joint Economic Com- The Committee approved an Oversight Plan for mittee: The House passed S. 279, affecting the rep- the 107th Congress. resentation of the majority and minority membership of the Senate Members of the Joint Economic Com- COMMITTEE ORGANIZATION; OVERSIGHT mittee—clearing the measure for the President. PLAN Page H349 Committee on Financial Institutions: Met for organiza- President’s Day District Work Period: The House tional purposes. agreed to H. Con. Res. 32, providing for a condi- The Committee approved an Oversight Plan for tional adjournment of the House of Representatives the 107th Congress.

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OVERSIGHT—2000 CENSUS COMMITTEE ORGANIZATION Committee on Government Reform: Subcommittee on the Committee on Ways and Means: Subcommittee on Census held a hearing on ‘‘Oversight of the 2000 Health met for organizational purposes. Census: The Success of the 2000 Census.’’ Testimony was heard from Bill Barron, Acting Director, Bureau COMMITTEE ORGANIZATION of the Census, Department of Commerce. Committee on Ways and Means: Subcommittee on STATE DEPARTMENT: IN THE LEAD ON Human Resources met for organizational purposes. FOREIGN POLICY? COMMITTEE ORGANIZATION; OVERSIGHT PLAN COMMITTEE ORGANIZATION Committee on International Relations: Held a hearing on Committee on Ways and Means: Subcommittee on State Department: In the Lead on Foreign Policy? Oversight met for organizational purposes. Testimony was heard from Representative Rogers of Kentucky; Frank Carlucci, Chairman, Report of an COMMITTEE ORGANIZATION Independent Task Force: ‘‘State Department Re- Committee on Ways and Means: Subcommittee on Se- form;’’ and a public witness. lect Revenue Measures met for organizational pur- Prior to the hearing, the Committee met for orga- poses. nizational purposes. The Committee approved an Oversight Plan for COMMITTEE ORGANIZATION the 107th Congress. Committee on Ways and Means: Subcommittee on So- MISCELLANEOUS MEASURES cial Security met for organizational purposes. Committee on the Judiciary: Ordered reported the fol- lowing bills: H.R. 333, amended, Bankruptcy Abuse COMMITTEE ORGANIZATION Prevention and Consumer Protection Act of 2001; Committee on Ways and Means: Subcommittee on and H.R. 256, to extend for 11 additional months Trade met for organizational purposes. the period for which chapter 12 of title 11 of the f United States Code is reenacted. COMMITTEE ORGANIZATION COMMITTEE MEETINGS FOR THURSDAY, FEBRUARY 15, 2001 Committee on Resources: Met for organizational pur- poses. (Committee meetings are open unless otherwise indicated) The Committee approved an Oversight Plan for Senate the 107th Congress. Committee on the Budget: to hold hearings on Medicare COMMITTEE ORGANIZATION; OVERSIGHT reform and prescription drugs, 10 a.m., SD–608. PLAN Committee on Health, Education, Labor, and Pensions: to hold hearings on President Bush’s education proposals, Committee on Science: Met for organizational purposes. 9:30 a.m., SD–430. The Committee approved an Oversight Plan for Committee on the Judiciary: business meeting to consider the 107th Congress. proposed legislation on bankruptcy reform, 10 a.m., COMMITTEE ORGANIZATION SD–226. Committee on Transportation and Infrastructure: Sub- House committee on Water Resources and Environment Committee on Agriculture, hearing on the future of farm met for organizational purposes. programs, 9:30 a.m., 1300 Longworth. COMMITTEE ORGANIZATION; OVERSIGHT Committee on Energy and Commerce, Subcommittee on En- PLAN ergy and Air Quality, hearing entitled: ‘‘Electricity Mar- kets: Lessons Learned from California,’’ 10 a.m., 2322 Committee on Veterans’ Affairs: Met for organizational Rayburn. purposes. Subcommittee on Health, hearing entitled: ‘‘Medicare The Committee approved an Oversight Plan for Reform: Providing Prescription Drug Coverage for Sen- the 107th Congress. iors,’’ 10 a.m., 2123 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 15 2 p.m., Monday, February 26

Senate Chamber House Chamber Program for Thursday: After the recognition of certain Program for Monday: Pro forma session. Senators for speeches and the transaction of any morning business (not to extend beyond 1 p.m.), Senate expects to consider any cleared legislative and executive business.

Extensions of Remarks, as inserted in this issue

HOUSE Houghton, Amo, N.Y., E194 Otter, C.L. ‘‘Butch’’, Idaho, E185 Jackson-Lee, Sheila, Tex., E185 Oxley, Michael G., Ohio, E197 Baca, Joe, Calif., E195 Johnson, Sam, Tex., E196 Paul, Ron, Tex., E188 Baldwin, Tammy, Wisc., E192 Kolbe, Jim, Ariz., E192 Pomeroy, Earl, N.D., E189 Barcia, James A., Mich., E194 Kucinich, Dennis J., Ohio, E193 Portman, Rob, Ohio, E189 Becerra, Xavier, Calif., E178, E179 LaFalce, John J., N.Y., E176, E197 Price, David E., N.C., E181 Berman, Howard L., Calif., E182 Langevin, Jim, R.I., E186 Riley, Bob, Ala., E194 Biggert, Judy, Ill., E191 Leach, James A., Iowa, E188 Ros-Lehtinen, Ileana, Fla., E180, E183 Bilirakis, Michael, Fla., E192 Lee, Barbara, Calif., E184 Roukema, Marge, N.J., E179, E180 Coble, Howard, N.C., E175, E199, E200 Lipinski, William O., Ill., E189 Rush, Bobby L., Ill., E192 Crowley, Joseph, N.Y., E175, E176, E178 McCarthy, Carolyn, N.Y., E188 Saxton, Jim, N.J., E198 Davis, Danny K., Ill., E200 McGovern, James P., Mass., E182 Schakowsky, Janice D., Ill., E186 Davis, Jo Ann, Va., E186 Maloney, James H., Conn., E187 Scott, Robert C., Va., E186 DeLauro, Rosa L., Conn., E197 Miller, Gary G., Calif., E193 Shimkus, John, Ill., E193 Etheridge, Bob, N.C., E190 Miller, George, Calif., E195 Souder, Mark E., Ind., E200 Evans, Lane, Ill., E181 Mink, Patsy T., Hawaii, E196 Stark, Fortney Pete, Calif., E190 Frost, Martin, Tex., E191 Moore, Dennis, Kansas, E177, E180 Stupak, Bart, Mich., E187 Gilchrest, Wayne T., Md., E198, E199 Moran, James P., Va., E195 Tierney, John F., Mass., E187 Graves, Sam, Mo., E188 Morella, Constance A., Md., E187 Towns, Edolphus, N.Y., E176, E177 Green, Gene, Tex., E176, E177 Ney, Robert W., Ohio, E193 Udall, Tom, N.M., E184 Herger, Wally, Calif., E175, E177, E179 Norton, Eleanor Holmes, D.C., E199 Weller, Jerry, Ill., E178, E199 Hinchey, Maurice D., N.Y., E185 Oberstar, James L., Minn., E190

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