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, TUESDAY, JUNE 19, 2001 No. 85 House of Representatives The House met at 12:30 p.m. and was at the same time he was discussing make the impact of tropical storms called to order by the Speaker pro tem- with our European allies his willing- and hurricanes worse as far as our pore (Mr. PENCE). ness to advance a national missile de- coastal communities are concerned. I f fense system that is unproven, expen- was struck by an editorial article in sive, and diplomatically unpopular this Sunday’s Washington Post by ge- DESIGNATION OF SPEAKER PRO with less likelihood of destruction, ologist Orrin Pilkey urging Congress to TEMPORE frankly, than what we face with global work with the administration on pur- The SPEAKER pro tempore laid be- climate change. Three thousand inter- suing smarter policies and investments fore the House the following commu- national scientists and the National along our Nation’s thousands of miles nication from the Speaker: Academy of Science have all agreed: of coastline. global warming is real and we are be- WASHINGTON, DC, He cited one particular area that June 19, 2001. ginning to see the impacts in the rise needed special scrutiny, and the Fed- I hereby appoint the Honorable MIKE of extreme weather episodes that have eral Government has embarked upon PENCE to act as Speaker pro tempore on this struck the United States in the past what, in many cases, can be termed an day. few years. ill-advised action of steadily nour- J. DENNIS HASTERT, Indeed, it was ironic that at the time ishing these beaches. In some cases, we Speaker of the House of Representatives. the President was minimizing global have seen examples where they appear f climate change and heading off to Eu- for legislative authorization without rope, his home State of Texas was vis- MORNING HOUR DEBATES extensive interaction on this Chamber ited by Tropical Storm Allison that hit floor; at the same time, in much the The SPEAKER pro tempore. Pursu- with brutal ferocity. It killed 22 people same manner where the Corps of Engi- in Houston. It rained 3 feet in less than ant to the order of the House of Janu- neers over the years have reduced the a week, most of it in a single 24-hour ary 3, 2001, the Chair will now recog- size of flood plains and increased the period, an unprecedented flood, some nize Members from lists submitted by potential of damage by building one the majority and minority leaders for would suggest. Damages were estimated at $2 billion dyke and dam after another. Non- morning hour debates. The Chair will engineering solutions for beaches are alternate recognition between the par- in Houston alone, and 28 counties were declared Federal disaster areas. We saw seldom considered, and have the poten- ties, with each party limited to not to tial of increasing the risk. As we have exceed 30 minutes, and each Member, what some scientists feel is a glimpse of the problem in the future, like the an artificially rebuilt beach, it encour- except the majority leader, the minor- woman who was alone in an elevator ages people to develop in areas that are ity leader, or the minority whip, lim- when the power went out and they are ecologically not sustainable. ited to not to exceed 5 minutes. programmed, of course, to go to the Already, more than 300 East Coast The Chair recognizes the gentleman bottom floor. Unfortunately, in this and Gulf Coast beaches have been nour- from Oregon (Mr. BLUMENAUER) for 5 case, the bottom 4 floors were flooded, ished; and more are being added to the minutes. causing the woman to drown. Or the list all the time. Last year in WRDA, f man who was trying to save his tele- without extensive debate on this floor, we added a 14-mile long Outer Banks THE TIME IS NOW TO CONSIDER vision in the midst of a flood and was electrocuted when he touched the an- beach nourishment project in North IMPACTS OF GLOBAL CLIMATE Carolina that has a projected cost of CHANGE tenna, and his mother electrocuted try- ing to help him. almost $2 billion over the next 50 years. Mr. BLUMENAUER. Mr. Speaker, Now, it is inconvenient, it is dan- It boils down to a subsidy of $30,000 per last week President Bush met with Eu- gerous, and it is beyond the notion of a year for 50 years for each beachfront ropean leaders to discuss, along with few planes canceled, although Conti- property that is supposed to be pro- other important policy issues, his dis- nental Airlines canceled 1,000 flights, jected by this new beach. missal of the Kyoto Protocol and the while the Houston International Air- Mr. Speaker, I would suggest that it administration’s minimization of glob- port was closed, Mr. Speaker, a dev- is time for the Members of the House of al climate change. astating example of the expected Representatives to consider the im- I personally find it interesting that human and economic costs associated pacts of global climate change and to while the President feels we need to with global climate change. eliminate subsidies and government ac- hold off taking action on global warm- Now, at the same time, we in Con- tions that will make the impacts and ing and instead need to study it more, gress are pursuing policies that may costs worse over time. Looking at

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 19-JUN-2001 01:34 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.000 pfrm01 PsN: H19PT1 H3210 CONGRESSIONAL RECORD — HOUSE June 19, 2001 these existing policies at the same areas must follow a patchwork system The Reverend Joseph A. Escobar, time we work towards global solutions of funding arrangements varying from Pastor, St. Anthony’s Catholic Church, for the impact of global climate change State shares to special formulas for Pawtucket, Rhode Island, offered the is the key to making our families safe, outlying areas in order to obtain need- following prayer: healthy, and economically secure for ed and fair funding of Federal program Let us remember that we are one Na- more livable communities tomorrow. resources. I am pleased to note that tion under God. f the territories are included in many of O God, our help, our justice, hear our the increases, including the President’s prayer as we begin this session of the THE CHILDREN LEFT BEHIND proposal to increase by $5 billion read- House of Representatives. Enlighten The SPEAKER pro tempore. Under ing programs from kindergarten to our deliberations by the light of Your the Speaker’s announced policy of Jan- third grade. law, so that our legislation may reflect uary 3, 2001, the gentleman from Guam But I am also concerned that H.R. 1 Your divine wisdom. May we keep be- (Mr. UNDERWOOD) is recognized during leaves out funding for parental assist- fore our eyes the truth that we have morning hour debates for 5 minutes. ance centers. In my home, the Guam been created in Your image, that each Mr. UNDERWOOD. Mr. Speaker, sanctuary program has a program man and woman has a dignity which today I rise to express my concerns to called Ayuda Para I Manaina, Help For we have been empowered to preserve the House to consider the children who Parents, which provides services for and to protect. will be left behind in H.R. 1 and S. 1. over 1,000 families on Guam each year. Help us to see that dignity in each As House and Senate conferees begin The Senate bill includes funding for other and in those who have empow- meeting to consolidate the House and this program, but the House does not, ered us to serve. May we build a soci- Senate bills which will reauthorize the and I urge my House colleagues to re- ety wherein we can live in a harmony elementary and secondary education cede to the Senate. which reflects the harmony in which act, I urge the House to consider the I have been a longtime advocate for You created our world. We place our reality that the children living in U.S. establishing a Federal educational pol- confidence in Your saving help this day insular areas like Guam, the Virgin Is- icy for the insular areas that would and every day, for in You we trust. lands, American Samoa, the Common- help bring consistency to their treat- Amen. wealth of the Northern Mariana Islands ment throughout H.R. 1. In the absence f will be left behind in this reauthoriza- of such a policy, I proposed an amend- tion bill. ment which would require a Federal THE JOURNAL The President’s education plan to policy for the insular areas. Unfortu- The SPEAKER. The Chair has exam- ‘‘Leave No Child Behind’’ is woven into nately, this amendment was struck ined the Journal of the last day’s pro- the language of H.R. 1 and S. 1, which down along with over 100 other amend- ceedings and announces to the House are our blueprints for elementary and ments proposed for H.R. 1. his approval thereof. secondary education in this country. So I stand again before my colleagues Pursuant to clause 1, rule I, the Jour- While these bills give special attention today to urge consideration for the spe- nal stands approved. to the needs of children living in rural cial needs of children in the territories. f areas, the needs of American Indian, The Federal Government has recog- PLEDGE OF ALLEGIANCE native Hawaiian and Alaskan native nized that special attention must be children, the needs of children with given to the challenging circumstances The SPEAKER. Will the gentleman limited English proficiency, the needs of insular area educational systems. from Rhode Island (Mr. KENNEDY) come of children of military families, it fails Why should our educators be left forward and lead the House in the to begin addressing the needs of chil- searching for information in footnotes Pledge of Allegiance. dren living in the insular areas. and obscure reference to find the poli- Mr. KENNEDY of Rhode Island led Although the insular areas have a cies which apply to them? We need to the Pledge of Allegiance as follows: unique status under Federal law which work in concert to level the playing I pledge allegiance to the Flag of the requires special policies to serve the field for all American children wher- United States of America, and to the Repub- educational needs of children, there is ever they live, whether they live in a lic for which it stands, one nation under God, no Federal educational policy that fo- State or whether they live in a terri- indivisible, with liberty and justice for all. cuses on the specific and unique needs tory. f of insular area school systems. I hope my colleagues will join in sup- It is difficult for insular area systems THE REVEREND JOSEPH A. porting this proposed amendment to ESCOBAR to compete for educational funding dis- ensure that no American child is left (Mr. KENNEDY of Rhode Island tributed by competitive grants because behind in our national educational pro- asked and was given permission to ad- schools lack the personnel needed to grams, no matter where they live. dress the House for 1 minute and to re- prepare grant applications. They are I also would like, Mr. Speaker, to ac- vise and extend his remarks.) also faced with unique challenges in knowledge the presence of Paulo Mr. KENNEDY of Rhode Island. Mr. hiring and retaining qualified adminis- Madlambayan, who is our congres- Speaker, I rise today to welcome Fa- trators and certified school teachers. sional art contest winner from Guam. ther Joseph Escobar of St. Anthony’s Insular area educational systems face He came the furthest to be with us Church in Pawtucket, Rhode Island as other challenges such as geographical today with the other congressional art our guest chaplain. barriers, high unemployment rates, contest winners, along with his Uncle Established in 1926, St. Anthony’s has shrinking economies, aging buildings Jesse. which are strained by the acceleration long served Rhode Island’s English and of weathering caused by an unforgiving f Portuguese-speaking communities. tropical environment, the high cost of RECESS The large influx of Portuguese immi- importing and providing equipment grants to Rhode Island resulted in the The SPEAKER pro tempore. Pursu- and supplies, and a host of other lim- first Portuguese parish in the State, ant to clause 12 of rule I, the Chair de- ited resources. Holy Rosary Parish in 1885. Next was clares the House in recess until 2 p.m. As the delegate from Guam to the St. Elizabeth’s, in Bristol in 1913. It Accordingly (at 12 o’clock and 43 U.S. House and a lifelong educator, I was soon followed by St. Francis Xa- minutes p.m.), the House stood in re- have always advocated for improve- vier in East Providence in 1915; and St. cess until 2 p.m. ments in the manner in which the Fed- Anthony’s was added in 1926, along eral policy is developed by the Federal f with its mission at Little Compton. Government in its treatment of the in- b 1400 Father Escobar will soon be leaving sular areas. Gratefully, the insular to transition to be the pastor of Our areas are included in most educational AFTER RECESS Lady of the Rosary Church in Provi- programs, but mostly as afterthoughts. The recess having expired, the House dence, his hometown. Father Escobar As a result, educators in the insular was called to order at 2 p.m. was educated in East Providence public

VerDate 19-JUN-2001 02:30 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.002 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3211 schools before attending Providence Then the Pentagon buys black berets Madam Speaker, I encourage my col- College, my alma mater, where he re- made in China. To boot, visitors at leagues to look at James’ photograph, ceived a BA in mathematics. He com- Quantico get gifts from the Marines along with all of the other winning art- pleted his seminary studies at the Do- made in China. work that will be on display for the minican House of Studies right here in If that is not enough to spoil your next year. It is important that we the Washington, D.C. area. Chinese dinner, digest this, Congress: honor our artists for various reasons. He was soon ordained to the priest- U.S. bureaucrats awarded a construc- By providing others with their art, art- hood by Bishop Francis X. Roque in tion contract for the new World War II ists contribute to an educational proc- Washington, D.C. on May 20, 1988, and Memorial to be built on The Mall to a ess that not only gives us an alter- returned to Providence College where German company with Nazi roots. A native form of communication, but he worked towards a Master’s Degree German company that built war planes also invokes thought and stimulates in the Religious Studies program. for the Nazis, that helped kill hundreds one’s analytical skills. He served as assistant pastor at St. of thousands of American troops. Unbe- Furthermore, artists are inventive Pius the Fifth Church in Providence, lievable. What is next, a Nazi memorial and perceptive people who learn to ex- and St. Elizabeth Church in Bristol, on the World War II sites? Beam me up. press themselves in powerful, positive Rhode Island. Father Escobar has been Madam Speaker, I yield back the ways. For these reasons and countless the administrator of St. Anthony’s need for Congress to hire a proctologist more, I rise to congratulate and honor Parish in Pawtucket since 1977. He was to train Pentagon procurement offi- Mr. James Smith. incardinated into the diocese of Provi- cials on the buy American laws. f dence in 2000. f Mr. Speaker, I am sure that parish- IRS RECORDS SHOW 340,000 FED- BRING MONTGOMERY GI BILL ioners of St. Anthony’s will miss him ERAL EMPLOYEES OR FEDERAL INTO 21ST CENTURY as much as his new flock at Our Lady RETIREES HAVE FAILED TO PAY of the Rosary are looking forward to (Mr. HAYWORTH asked and was THEIR TAXES given permission to address the House greeting him. It was an honor and (Mr. DUNCAN asked and was given for 1 minute and to revise and extend privilege to welcome Father Escobar to permission to address the House for 1 his remarks.) this United States House of Represent- minute and to revise and extend his re- Mr. HAYWORTH. Madam Speaker, I atives, and I thank him for his invoca- marks.) am so appreciative that the gentleman tion. Mr. DUNCAN. Madam Speaker, the from Ohio (Mr. TRAFICANT) points out f Scripps Howard News Service reported from time to time the seemingly non- Sunday that IRS records show 340,000 PRESIDENT’S DECISION ON sensical approach that Washington bu- Federal employees or Federal retirees VIEQUES WILL BE SHOWN TO BE reaucrats can take to the challenges have failed to pay their income taxes. WISE AND INSIGHTFUL we confront. How refreshing it is, 340,000, including, get this, almost 3,000 (Mr. WICKER asked and was given Madam Speaker, that today on this IRS employees. This information came permission to address the House for 1 House floor, we can strike a bipartisan from a report prepared by the govern- minute and to revise and extend his re- blow for common sense as we bring the ment’s own General Accounting Office. marks.) GI bill into the 21st century. Already we know from news reports Mr. WICKER. Madam Speaker, please Madam Speaker, a decisive bipar- that almost half of the tax advice that put me down as one of a substantial tisan majority is poised to pass this the IRS itself gives out is wrong. Now number of Republicans who applaud bill that will increase benefits some 70 we discover from this GAO report that the decision of President Bush to dis- percent because we understand to while the IRS comes after private citi- continue our Naval training on the is- maintain the integrity of our all-volun- zens, it cannot clean its own house. Al- land of Vieques. teer force, we need to have that prom- most 3,000 IRS employees not paying As Secretary England pointed out ise of education. their own taxes is scandalous. Federal last week, this decision is the best way The former senator from Arizona, Er- ethics laws require Federal employees to decompress a highly charged situa- nest McFarland, is part of this tradi- to pay their taxes as a condition of em- tion which was clouding other issues tion, in the post World War II days; and ployment. These 3,000 IRS employees between Puerto Rico and the mainland. our former colleague and former chair- who have not paid their taxes should be The Bush administration has made it man of the Committee on Veterans Af- ordered to pay immediately, or they clear that, while providing effective fairs, Sonny Montgomery of Mis- should be fired. training for Naval forces is our first sissippi, also striking a blow; along But the best thing, Madam Speaker, priority, alternative sites already exist with the dean of our delegation, the we could do would be to tear up or burn and other ranges can and will be found. gentleman from Arizona (Mr. STUMP). the confusing, convoluted Tax Code we I hope this can be done before May 2003. We thank them for this commonsense To those who decry the ‘‘political’’ legislation. now have, come up with a new, simple nature of this action, I invite them to Madam Speaker, I would hope that system and do away with the IRS mon- go to Puerto Rico, listen to the people the temptation to engage in petty poli- ster as we know it today. and gauge the depth of their intensity tics would be put aside for this sound f and ask this: Does anyone realistically piece of legislation this afternoon. HOUSE NEEDS TO ENSURE VET- believe it is in our national interest to f ERANS GET WHAT THEY DE- disregard, year after year, the over- JAMES SMITH WINS CONGRES- SERVE whelming popular will of our United SIONAL ART COMPETITION FOR States citizens on Puerto Rico? The (Mr. RODRIGUEZ asked and was FIFTH DISTRICT OF TENNESSEE President’s decision will be shown to be given permission to address the House wise and insightful. (Mr. CLEMENT asked and was given for 1 minute and to revise and extend f permission to address the House for 1 his remarks.) minute and to revise and extend his re- Mr. RODRIGUEZ. Madam Speaker, CONTRACT FOR CONSTRUCTION OF marks.) today I rise because we have a major WORLD WAR II MEMORIAL Mr. CLEMENT. Madam Speaker, I bill before us, H.R. 1291, that will talk AWARDED TO GERMAN COMPANY rise today to honor James Smith, win- about the Montgomery GI bill; but I WITH NAZI ROOTS ner of the Congressional Art Competi- want to take this opportunity to dis- (Mr. TRAFICANT asked and was tion for the Fifth Congressional Dis- cuss the process. given permission to address the House trict of Tennessee. James is a recent Madam Speaker, I am concerned that for 1 minute and to revise and extend graduate of my alma mater, Hillsboro as people learn about the political his remarks.) High School in Nashville, with his process and how it is supposed to oper- Mr. TRAFICANT. Madam Speaker, award-winning photograph entitled ate, here is a bill on the House floor first the Air Force buys Chinese boots. ‘‘Angels Come From Istanbul.’’ today that is very important, yet it

VerDate 19-JUN-2001 00:25 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.005 pfrm01 PsN: H19PT1 H3212 CONGRESSIONAL RECORD — HOUSE June 19, 2001 never saw the light in terms of sub- district court opinion that Virginia The Clerk read as follows: committee. It never had the oppor- cannot limit out-of-State waste com- H.R. 1291 tunity of being heard in full com- ing into its borders because such re- Be it enacted by the Senate and House of Rep- mittee. It never had the opportunity so strictions violate the Commerce Clause resentatives of the United States of America in that we could provide some amend- of the Constitution. This court decision Congress assembled, ments. makes the necessity of Congress pass- SECTION 1. SHORT TITLE. In fact, I presumed that when the ing interstate waste legislation all the This Act may be cited as the ‘‘21st Century leadership heard we had some amend- more urgent and compelling. Montgomery GI Bill Enhancement Act’’. SEC. 2. INCREASE IN RATES OF BASIC EDU- ments to try to improve the bill, they With the determination of the courts CATIONAL ASSISTANCE UNDER chose to bring it on the House floor that State regulation of the interstate MONTGOMERY GI BILL. without the process that this body has hauling of garbage violates the Com- (a) IN GENERAL.—(1) Section 3015(a)(1) of allowed through the ages to allow an merce Clause, it is now time for Con- title 38, United States Code, is amended to opportunity for us to be able to influ- gress to specifically empower States to read as follows: ence. It is unfortunate. It is a good bill; curb the amount of trash coming into ‘‘(1) for an approved program of education pursued on a full-time basis, at the monthly yet we need to understand that we need landfills from outside the State. rate of— to improve this bill. The natural beauty of Virginia ‘‘(A) for months occurring during fiscal Madam Speaker, tuition rates should not be degraded by out-of-State year 2002, $800, throughout this country have risen. trash so that out-of-State haulers and ‘‘(B) for months occurring during fiscal The studies show that even the fees in trucking companies can reap benefits. year 2003, $950, a lot of universities are higher. We Virginians have spoken on this issue ‘‘(C) for months occurring during fiscal need to make sure that our veterans and legislation was consequently year 2004, $1,100, and get what they deserve, not only a proc- passed and signed by the Governor that ‘‘(D) for months occurring during a subse- quent fiscal year, the amount for months oc- ess but a service. restricted the entrance of interstate curring during the previous fiscal year in- f waste into the Commonwealth, but creased under subsection (h); or’’. then was struck down by the Federal (2) Section 3015(b)(1) of such title is amend- b 1415 courts. ed to read as follows: THE PRICE OF GAS Congress needs to act now to return ‘‘(1) for an approved program of education this issue back to the States where the pursued on a full-time basis, at the monthly (Mr. PENCE asked and was given per- voices of the people can be heard. rate of— mission to address the House for 1 ‘‘(A) for months occurring during fiscal minute and to revise and extend his re- f year 2002, $650, marks.) ‘‘(B) for months occurring during fiscal APPOINTMENT OF MEMBERS TO year 2003, $772, Mr. PENCE. Madam Speaker, I rise CONGRESSIONAL-EXECUTIVE today because I am outraged. I am out- ‘‘(C) for months occurring during fiscal COMMISSION ON THE PEOPLE’S year 2004, $894, and raged that Americans are paying in REPUBLIC OF CHINA ‘‘(D) for months occurring during a subse- some places in Indiana upwards to $2 a The SPEAKER pro tempore (Mrs. quent fiscal year, the amount for months oc- gallon for gasoline. Families across curring during the previous fiscal year in- this country are being hurt by the fluc- BIGGERT). Without objection, and pur- creased under subsection (h); or’’. tuating cost of fueling their cars. Stop- suant to section 303(a) of Public Law (b) CPI ADJUSTMENT.—No adjustment in ping at the pump is no longer a routine 106–286, the Chair announces the rates of educational assistance shall be made function. Speaker’s appointment of the following under section 3015(h) of title 38, United Members of the House to the Congres- States Code, for fiscal years 2002, 2003, and We have heard of sticker shock, 2004. Madam Speaker. Now we have been in- sional-Executive Commission on the The SPEAKER pro tempore. Pursu- troduced this summer to pump sticker People’s Republic of China: ant to the rule, the gentleman from shock. Mr. BEREUTER, Nebraska, cochair- New Jersey (Mr. SMITH) and the gen- For years our colleagues in the other man; tleman from Illinois (Mr. EVANS) each party have been actively working Mr. LEACH, Iowa; Mr. DREIER, California; will control 20 minutes. against opening new refineries and The Chair recognizes the gentleman other methods of increasing the domes- Mr. WOLF, Virginia; from New Jersey (Mr. SMITH). tic supply of oil and gasoline. They Mr. PITTS, Pennsylvania. There was no objection. Mr. SMITH of New Jersey. Madam have tried to demonize the oil industry Speaker, I yield myself such time as I of late and place the blame for rising f may consume. costs squarely on the shoulders of ex- ANNOUNCEMENT BY THE SPEAKER Madam Speaker, today the House of ecutives and CEOs. Their political PRO TEMPORE Representatives has an historic oppor- ploys have cost American drivers mil- tunity to reaffirm our commitment to lions at the pump and have increased The SPEAKER pro tempore. Pursu- veterans, promote higher education, our reliance on foreign oil to such an ant to clause 8 of rule XX, the Chair boost military recruitment and reten- extent that 60 percent of our oil comes announces that she will postpone fur- tion and strengthen the ladder of op- from abroad. ther proceedings today on each motion portunity by passing H.R. 1291, the 21st Madam Speaker, I am happy to say to suspend the rules on which a re- Century Montgomery GI Bill Enhance- that our President is leading on in- corded vote or the yeas and nays are ment Act. creased energy independence and the ordered, or on which the vote is ob- This legislation, which I introduced Republican majority in this body jected to under clause 6 of rule XX. on March 29 with 57 cosponsors, includ- stands with him to end the day of Any record votes on postponed ques- ing my good friend and colleague the pump shock in this summer and in the tions will be taken after debate has gentleman from Illinois (Mr. EVANS), months ahead for American families. concluded on all motions to suspend now has over 100 cosponsors and is sup- the rules, but not before 6 p.m. today. f ported by almost two dozen veterans f service, military and higher education CONGRESSIONAL ACTION NEEDED organizations as well as Secretary of REGARDING OUT-OF-STATE WASTE 21ST CENTURY MONTGOMERY GI Veterans Affairs Anthony Principi. The (Mrs. JO ANN DAVIS of Virginia BILL ENHANCEMENT ACT bill responds to the rising costs of col- asked and was given permission to ad- Mr. SMITH of New Jersey. Madam lege education by providing a 70 per- dress the House for 1 minute and to re- Speaker, I move to suspend the rules cent increase in total benefits to eligi- vise and extend her remarks.) and pass the bill (H.R. 1291) to amend ble veterans in less than 3 years. Mrs. JO ANN DAVIS of Virginia. title 38, United States Code, to increase Not since the enactment of the Mont- Madam Speaker, I rise today to note the amount of educational benefits for gomery GI Bill in 1985 have we had the the recent decision of the Fourth Cir- veterans under the Montgomery GI opportunity to vote for such a dra- cuit Court of Appeals upholding the Bill. matic increase in veterans educational

VerDate 19-JUN-2001 01:34 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.007 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3213 benefits. I hope that all of my col- stated in its testimony to the com- on the fiscal year 2002 budget also leagues will support this legislation. mittee, and I want to thank our distin- states that we need to take major steps Madam Speaker, since the enactment guished chair of the Subcommittee on now, no delay, to increase the benefit of the Servicemen’s Readjustment Act Benefits, the gentleman from Arizona for today’s veterans who are currently of 1944, commonly called the GI Bill, (Mr. HAYWORTH), for the two out- eligible for the program. On a bipar- we have continuously provided edu- standing hearings that he chaired, that tisan basis, Members of the Committee cational support for our Nation’s vet- between academic years 1980–1981 and on Veterans’ Affairs agreed that a erans. The original GI Bill is univer- 2000–2001, average tuition and fees at 4- graduated increase in the current sally recognized as one of the most suc- year public and 2-year public colleges monthly benefit was the most impor- cessful pieces of legislation ever ap- rose 336 percent. For private colleges it tant step we could take over the next 3 proved by the Congress. rose by 352 percent. years to encourage veterans to use the In the decade following World War II, Under current law, a full-time vet- benefit they had earned by faithful more than 2 million eligible men and eran student receives $650 monthly service to our Nation. For the first women went to college using these edu- under the Montgomery GI Bill from time in anyone’s memory, the chair- cational benefits. The result was an which the veteran student pays tui- man of the Committee on the Budget American workforce enriched by 450,000 tion, books, supplies, fees and subsist- accepted our committee recommenda- engineers, 238,000 teachers, 91,000 sci- ence allowance, including housing, food tion and included the necessary funds entists, 67,000 doctors, 22,000 dentists, and transportation. However, accord- in the budget resolution. He also and another million college-educated ing to data furnished by the College fought to keep those funds in the con- men and women. It is estimated that Board, the current $650 per month ference report. As a result, we are able another 5 million men and women re- would have to be raised to $1,025 for a to bring to this floor a bill that is in ceived other schooling or job training veteran student to attend a 4-year pub- compliance with the Budget Act. using the GI Bill. All told, approxi- lic college as a commuter student at an Madam Speaker, H.R. 1291 is good mately 7.8 million men and women average cost of $9,229 per year. news for veterans. It is good for edu- That is just what our legislation were educated or trained by the GI cation. It is good for our military and does, I say to my colleagues. H.R. 1291 Bill, helping to create what we know as our national defense. And it is good for increases the $650 monthly amount to the modern middle class. our economy. H.R. 1291 is good public $800 per month effective this October 1, The original GI Bill exceeded all ex- policy. I sincerely hope that all of our then to $950 per month effective Octo- pectations and had enormous benefits Members will support it. ber 1, 2002, and then finally to $1,100 per beyond the immediate benefits given to Finally, Madam Speaker, I must, regrettably, month effective October 1, 2003. This our deserving war veterans. College en- comment on the process that brought us here represents, a 70 percent increase in the rollment grew dramatically. In 1947, GI today. Since I first entered the House in 1981, monthly educational benefit in 3 years. Bill enrollees accounted for almost half I have had the honor to serve on the Vet- As we point out in this chart, it goes of all the total college population, re- erans’ Affairs Committee, first as a Member, from $23,400 to $39,600 after being fully sulting in the need for more and larger later as Vice Chairman and now as Chairman. phased in. colleges and universities. In my home Madam Speaker, in this era of invest- During these twenty-one years, I had the privi- State of New Jersey, for example, Rut- ing our scarce resources in areas that lege of serving for 14 years with Chairman gers University saw its admissions produce positive results, let me briefly Sonny Montgomery, the Montgomery GI Bill’s grow from a pre-war high of 7,000 to al- share with my colleagues what the ef- namesake, as well as for 6 years with Chair- most 16,000. fect of this bill will be. At the moment, man BOB STUMP, now the Armed Services A Veterans’ Administration study in there are 266,000 veterans who are en- Committee Chairman. During all these years, 1965, Madam Speaker, showed that due rolled in school under the Montgomery the Veterans’ Affairs Committee operated on a to the increased earning power of GI GI Bill. This is anticipated to increase bipartisan basis with one simple goal: to help Bill college graduates, Federal Govern- to about 330,000 over the next 10 years. improve the lives of our nation’s veterans. ment income tax revenues rose by However, with the approval of our leg- During the five and half months I have more than $1 billion annually. And in islation, the number of veteran stu- served as Chairman, we have sought to con- less than 20 years, the $14 billion cost dents in school under the MGIB will in- tinue this tradition and operate on a bipartisan of the original program had been re- crease to about 375,000 in 2011, an in- basis. I was gratified when the Committee ap- couped. crease of 45,000 over the current esti- proved in a unanimous vote—let me empha- Madam Speaker, there is widespread mate. And each of these students will size that—a unanimous vote, the Views and agreement on the effect and effective- be positioned, we believe, to obtain a Estimates Report for the Budget Committee. It ness of veterans’ educational programs. better job and make more money, thus was in large part due to our bipartisan ap- Building upon the success of the GI repaying many times over our Nation’s proach—doing what was right for our vet- Bill, Congress approved a second bill, investment in them under the MGI erans, not for our parties or our political ca- the Veterans Readjustment Assistance Bill. reers—that we were successful in seeing a 12 Act of 1952, during the Korean War; Let me also point out to my col- percent increase for veterans spending in this then a third bill, the Veterans Read- leagues that there will also be an ancil- year’s budget. justment Benefits Act of 1966, during lary impact on utilization. We know Madam Speaker, H.R. 1291, the legislation the Vietnam War; and a fourth bill, the that something on the order of 50 per- we are considering today, resulted from a lot Veterans Educational Assistance Act, cent of the people who are eligible are of hard work by the Members and staff of the for the post-Vietnam War era. using this benefit. It just has not been Veterans’ Affairs Committee—Republicans Finally, in 1985, Congress approved enough to make the difference. This, and Democrats—over many, many months. today’s Montgomery GI Bill, or MGIB, we believe, will boost that participa- This legislation offers a realistic yet substantial which was designed not only to help tion. increase—a 70 percent increase—in the veterans make a transition into the Let me also say, Madam Speaker, amount of money available to veterans for workforce through additional edu- that this bill is indeed a starting point. educational benefits. cation and training, but also to support It is not an ending point. Our com- Madam Speaker, it was with some sadness the concept of an all-volunteer Armed mittee report on the Budget for fiscal last week that I learned that the Democrats on Forces. The use of educational benefits year 2002 says that the ultimate goal is the Committee, having already agreed to our as a recruitment tool has been one of a Montgomery GI Bill that pays tui- bipartisan strategy for moving H.R. 1291, re- the most spectacularly successful of all tion, fees and a monthly subsistence al- versed course and decided instead to take a the tools given to our Nation’s mili- lowance, thus allowing veterans to pur- political course. Their ploy to offer an amend- tary recruiters. sue enrollment in any educational in- ment raising the cost of the program from $9 However, Madam Speaker, as we all stitution in America limited only by billion over ten years to more than $23 billion know, the skyrocketing costs of a col- their own aspirations, abilities and ini- over ten years may appear alluring to some, lege education have seriously eroded tiative. but is not paid for in the budget resolution and the buying power of the MGIB benefits. However, after looking at the history ultimately it is unsustainable and would stand The Congressional Research Service of the program, our committee report no chance of becoming law.

VerDate 19-JUN-2001 00:25 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\K19JN7.031 pfrm01 PsN: H19PT1 H3214 CONGRESSIONAL RECORD — HOUSE June 19, 2001 Madam Speaker, I understand that some Ranking Member of the Benefits Sub- It has been said that this legislation members would like to see an even larger in- committee, for their hard work on this bill. is a partial step. That is an acknowl- crease in educational benefits for veterans I also want to thank Ranking Member EVANS edgment that the benefits provided by than the 70 percent increase that my legisla- for his continuous efforts on behalf of our the legislation are insufficient. Years tion offers—frankly I would like to get to the servicemembers and veterans. from now, a future Congress may enact point where we can offer a full tuition and ex- Madam Speaker, I urge my colleagues to legislation providing veterans a truly penses GI bill—but we are not yet there. support the 21st Century Montgomery GI Bill meaningful educational benefit. There That’s why the Committee, on a bipartisan Enhancement Act. is no time at this point to wait, how- basis, had made the decision to move quickly Madam Speaker, I reserve the bal- ever. That meaningful veterans edu- to pass H.R. 1291 with its 70 percent in- ance of my time. cation benefit could be provided now. I crease, get it signed into law, and then see Mr. EVANS. Madam Speaker, I yield am forced to conclude the leadership of what could be done next. myself such time as I may consume. this Congress is too timid and not will- That’s why on March 27, when we held our (Mr. EVANS asked and was given ing to undertake that important step. bipartisan press conference introducing H.R. permission to revise and extend his re- It may be said that it costs too much 1291, Mr. Evans himself said: marks, and include extraneous mate- to provide our servicemen and women ‘‘I view the Smith-Evans legislation that will rial.) an educational benefit worthy of their soon be introduced as the next interim step to- Mr. EVANS. Madam Speaker, I urge service. I understand the budgetary ward the Committee’s final goal of providing all Members to vote for this measure. surplus of the next 10 years is expected our veterans with the full costs of getting edu- This legislation provides an increase to be $500 billion. It is not a question cated.’’ which is moderate but it is important about the budget. It is a question about That’s why on May 24, Mr. REYES, the in veterans’ educational benefits. our priorities. Ranking Democrat on the Subcommittee on I want to salute the gentleman from The importance of a meaningful vet- Benefits said: New Jersey (Mr. SMITH), the chairman. erans educational benefit is well under- ‘‘H.R. 1291...represents a step in the He has worked together with me in the stood. The educational opportunities right direction toward ensuring that these op- past. I look forward to a good relation- veterans had during World War II fun- portunities for our veterans remain real and ship in the future. He got that budg- damentally changed our Nation for the truly meaningful opportunities for all. etary increase. We are quite proud of better, as the gentleman from New Jer- ‘‘While I think everyone wishes it could do his hard work in that regard. We have sey (Mr. SMITH) has pointed out. more, H.R. 1291 would indeed go far toward some differences on this issue today, Military service today is no less wor- fulfilling our collective goals. And I am proud but they are honest differences. thy. I regret that this measure pro- to be a cosponsor of this very important and I regret that no member of the Sub- vides inadequate benefits. I regret com- vital legislation.’’ committee on Benefits or the full Com- mittee members are not given the op- Madam Speaker, I said at the outset that mittee on Veterans’ Affairs has been portunity to do their job. I regret that today can be an historic day for our nation’s given the opportunity to vote on this the gentleman from Texas (Mr. REYES), veterans. We have an opportunity to continue measure or alternative legislation. the ranking Democrat member of the our longstanding tradition of supporting our Ironically, while this measure will im- Subcommittee on Benefits, will be un- veterans in a bipartisan manner. prove educational benefits for men and able to participate in this debate be- Let’s do what is right for our veterans. Let’s women in uniform who serve to protect cause of the circumstances by which make real progress, not just speeches. Let’s and defend our freedoms and liberties, this measure was brought to the floor. agree to work together, on a bipartisan basis, members have been stripped of their without rancor or ill-will, to join together to en- right to vote in committee. Nonetheless, I urge my colleagues to sure that we do right for those who have done support this measure. I salute the gen- b 1430 right for us. tleman from New Jersey (Mr. SMITH) Let’s pass this historic legislation which will Not only have Members been and his staff for their hard work; but result in a dramatic increase in GI educational disenfranchised, so too have the men our veterans, I believe, deserve the help benefits—a 70 percent increase. In 1944, dur- and women who elected them to rep- that they get from the Federal Govern- ing consideration of the original GI Bill, the resent them in office here in the Con- ment, and we must do more to make Senate voted 50 to nothing for approval and gress. this a meaningful piece of legislation. the House followed suit, voting 387 to 0 in After days of hearings of testimony favor of this historic legislation. I hope we can from more than two dozen witnesses, VA BENEFITS AS PERCENT OF ANNUAL HIGHER EDUCATION 1 do the same today. there was no debate and there was no COSTS Madam Speaker, I would urge all of my col- vote on this measure or any other pro- Percentage of cost covered in fiscal year— leagues to join me today in voting unani- posal. This, I believe, is a sad com- mously to approve H.R. 1291, and renew our mentary. 2005 2006 2007 2008 2009 2010 2011 commitment to the men and women who are It will be said that this measure pro- H.R. 1291 ...... 33 32 32 31 31 30 30 vides a major increase in the edu- Evans amendment ...... 100 100 100 100 100 100 100 on the front lines promoting freedom and Current law ...... 20 20 19 19 19 19 18 peace all over the world. cational benefits for veterans; but 1 Combined cost of tuition, fees, books, and supplies based on data pro- Madam Speaker, I want to thank Mr. while that is true, we could do much vided by The College Board, plus annual stipend of $7,200 for living ex- HAYWORTH and Mr. REYES, Chairman and more. penses.

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Average tuition + fees ...... $9,921 $10,418 $10,939 $11,486 $12,060 $12,663 $13,296 $13,961 $14,659 $15,392 Average books + supplies ...... 717 753 791 831 873 916 962 1,010 1,061 1,114

Subtotal 1 ...... 10,638 11,171 11,730 12,317 12,933 13,579 14,258 14,971 15,720 16,506 Living stipend 2 ...... 7,200 7,380 7,565 7,754 7,948 8,146 8,350 8,558 8,772 8,992 Average annual cost ...... 17,838 18,551 19,295 20,071 20,881 21,725 22,608 23,529 24,492 25,498 Average annual benefit under current law 3 ...... 3,680 3,785 3,889 3,998 4,087 4,192 4,297 4,407 4,517 4,633 Percentage covered ...... 21% 20% 20% 20% 20% 19% 19% 19% 18% 18% Average annual benefit under HR 1291 4 ...... $4,485 $5,372 $6,364 $6,525 $6,687 $6,855 $7,029 $7,202 $7,382 $7,567 Percentage covered ...... 25% 29% 33% 33% 32% 32% 31% 31% 30% 30% Average annual benefit under HR 320 ...... $3,680 $3,785 $3,889 $20,071 $20,881 $21,725 $22,608 $23,529 $24,492 $25,498 Percentage covered ...... 21% 20% 20% 100% 100% 100% 100% 100% 100% 100% 1 Assumes inflation of 2.5% over CPIU, or 5% (CBO). 2 Assumes 2.5% COLA (CBO). 3 Assumes 2.5% COLA (CBO). 4 Assumes 2.5% COLA after FY 2004.

Madam Speaker, I reserve the bal- Mr. SMITH of New Jersey. Madam tleman from Arizona (Mr. HAYWORTH), ance of my time. Speaker, I yield such time as he may the chairman of the Subcommittee on consume to the distinguished gen- Benefits.

VerDate 19-JUN-2001 00:25 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.012 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3215 (Mr. HAYWORTH asked and was improvement as a transition tool from gomery GI Bill Enhancement Act. As a given permission to revise and extend military to civilian life. At present, it co-sponsor of the bill, I urge its pas- his remarks.) pays $650 per month, from which the sage. This legislation continues our ef- Mr. HAYWORTH. Madam Speaker, I veteran must pay for tuition, books, forts to improve the education program welcome this opportunity to come to fees, housing, transportation, and myr- for our men and women in uniform. the well of this House to speak in iad other personal expenses that stu- The bill provides an increase in bene- strong support of this legislation. dents incur while attending college. fits, including raising the monthly edu- At this point, Madam Speaker, it is Sixty-eight percent of veterans are cational stipend to $800 a month for fis- also important that I respond to some married at the time of separation from cal year 2002, to $1,100 by fiscal year of the observations of the gentleman the military and many of those vets 2004. from Illinois (Mr. EVANS), my friend have children. These vets are presented I remember well the beginnings of and the ranking member. with even further expenses while try- what was later known to be the Mont- I think it is important to point out ing to obtain higher education. gomery GI bill. It was shared between to this House that when the Committee I would note that from 1987 through the Committee on Veterans’ Affairs on Veterans’ Affairs met earlier this 1997, VA reported that only 37 percent and the House Committee on Armed year to consider what our veterans of eligible veterans used the Mont- Services, and I remember playing a budget should be, it decided unani- gomery GI bill. In comparison, almost part in making sure that it reached the mously to request funds to increase the 64 percent of Vietnam-era GIs used floor at that time. Montgomery GI bill to $1,100 over 3 their education benefits during the The gentleman from Mississippi, the years. It also talked about the desir- first 10 years of the program. Honorable Sonny Montgomery, was the ability of ultimately changing the pro- Providing for the common defense author, is the author; and we should re- gram so that veterans would be enti- was the primary reason for estab- member his efforts as we improve on tled to a monthly stipend, as well as lishing our constitutional Republic. that bill today. government reimbursement of tuition Therefore, military service is our Na- This legislation is the right step to- and fees, at any postsecondary institu- tion’s most fundamental form of na- ward enhancing this bill for our vet- tion in the United States. tional service. Today’s servicemember erans. We must continue to take ad- However, the committee did not ask is no less valued than those who were vantage of opportunities to provide our that funds for this program change be conscripted. Service personnel and vet- veterans a truly meaningful and sub- included in the budget resolution. In- erans represent an untapped oppor- stantial educational program. deed, the committee explicitly stated tunity for the Nation, as Mr. G. Kim Full funding for tuition and fees and that it would not seek funding for such Wincup, vice chairman of the Transi- a monthly stipend for living expenses a change until after a bill like this one tion Commission, stated in his testi- in exchange for a service commitment we are bringing to the floor today had mony before our Subcommittee on would dramatically improve the GI been enacted into law. Not only did the Benefits. program and would bring parity with Democratic substitute offered by the We as a Nation benefit from highly other scholarship and tuition assist- gentleman from South Carolina (Mr. educated veterans. The gentleman from ance programs currently available to SPRATT) contain funds to go beyond New Jersey (Mr. SAXTON), chairman of young Americans. Efforts by the gen- what was requested by the Committee the Joint Economic Committee, testi- tleman from Illinois (Mr. EVANS) to on Veteran’s Affairs, it also should be fied before our subcommittee that, build upon improvements under the noted that although the Blue Dog Dem- quoting now, ‘‘providing our veterans Montgomery GI bill will greatly im- ocrat budget substitute contained in- with educational assistance creates a prove this education program for our creased amounts specifically to fund more highly educated, productive H.R. 320, my good friend, the ranking workforce, that spurs the economy men and women in uniform, and I hope member from Illinois, voted against while rewarding the dedication and that his efforts on the Committee on that proposal. great sacrifices made by members of Veterans’ Affairs will continue and Madam Speaker, the bottom line on our military.’’ that they will be able to pass addi- the legislation today is this: rather Madam Speaker, I would suggest this tional educational benefits, as the gen- than being prisoners of process, we bill is not just about greater pur- tleman from Illinois (Mr. EVANS) so de- have a chance to enact sound policy, a chasing power under the Montgomery sires. 70, 7–0, a 70 percent increase in benefits GI bill. It is about the value we place Now while it is important that the under the Montgomery GI bill over the on our military volunteers, persons House consider this legislation, the next 3 years. That is something that is who are in fact not drafted into the process by which it is brought to the meaningful for today’s veterans. That military but who as a Nation have floor concerns me. It is deeply dis- is why I rise in strong support of this asked to serve voluntarily, military turbing that no member of the Sub- legislation. veterans who are indeed a unique na- committee on Benefits or of the full We should note this bill was intro- tional resource. Committee on Veterans’ Affairs has duced by the gentleman from New Jer- These are individuals who after they been given the opportunity to engage sey (Mr. SMITH). It is cosponsored by conclude their military service will ul- in a full and open debate on this meas- 105 Members of this body, including as timately use this GI bill not only to ure or vote on the bill before today. original cosponsors the majority lead- catch up with their nonveteran peers I hope procedural abuses like this do er, the gentleman from Texas (Mr. but also to serve among America’s not occur again, because it is not fair, ARMEY); the dean of all House Mem- leaders. either to the Members of this body or bers, the gentleman from Michigan I would applaud the chairman for his to the veterans for whom it is intended (Mr. DINGELL); the chairman of the leadership on this bill. I urge all of my to benefit. Joint Economic Committee, the gen- colleagues to support this important Mr. SMITH of New Jersey. Madam tleman from New Jersey (Mr. SAXTON); piece of legislation. What part of a 70 Speaker, I reserve the balance of my and the chairman of the House Com- percent increase do my colleagues fail time. mittee on Armed Services and the dean to understand? Mr. EVANS. Madam Speaker, I yield of our Arizona delegation, the gen- Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from Ar- tleman from Arizona (Mr. STUMP). 3 minutes to the gentleman from Mis- kansas (Mr. SNYDER). As my friend, the gentleman from souri (Mr. SKELTON), the ranking mem- Mr. SNYDER. Madam Speaker, as New Jersey (Mr. SMITH), the chairman ber of the Committee on Armed Serv- one of the veterans who took advan- of the Committee on Veterans’ Affairs, ices. tage of the GI bill after I got out of the said, this measure increases the bill, Mr. SKELTON. Madam Speaker, I Marine Corps, in fact to the tune of 45 again, we cannot state it enough, by 70 thank my friend, the gentleman from months, or 2 years of undergraduate percent over the next 3 fiscal years, the Illinois (Mr. EVANS), for yielding me and 3 years of medical school, like all most substantial increase to date. this time. Members of this House I care about the There is no disputing the fact that Madam Speaker, I rise in support of GI bill, and that is why I find this proc- the current Montgomery GI bill needs H.R. 1291, the 21st Century Mont- ess in which those of us who serve on

VerDate 19-JUN-2001 00:25 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.012 pfrm01 PsN: H19PT1 H3216 CONGRESSIONAL RECORD — HOUSE June 19, 2001 the Committee on Veterans’ Affairs lege board, the monthly benefit needed If my colleagues believe, as I do, that an im- was an unfortunate one in which this to meet current average costs for a 4- proved education benefit will not only serve as bill did not come before the committee year college is $1,025. Yet the current an enlistment tool, but will also provide a more to be considered and voted on. GI bill benefit is only $650. educated citizenry, then I urge them to join me What are my concerns? Well, in 1999, Madam Speaker, $650 per month is in supporting this bill. Anthony Principi, who is now Sec- just not enough. As a consequence, Let’s help our young citizens. Let’s help the retary of Veterans Affairs, and this was America’s youth and their families no military. Let’s help America! Let’s pass this bill. before he was Secretary of Veterans Af- longer see military service as a path to Mr. EVANS. Madam Speaker, I yield fairs, chaired a commission known as education. They see it as a detour away 3 minutes to the gentleman from Texas the Principi Commission. The formal from their college plans. (Mr. RODRIGUEZ). Mr. RODRIGUEZ. Madam Speaker, I title was ‘‘Report of the Congressional b 1445 Commission on Service Members and am proud to be here today and be a co- Veterans Transition Assistance.’’ As a Vietnam veteran and somebody sponsor of H.R. 1291, the 21st Century Basically, what this report called for who spent 30 years in the Reserves, I GI Bill Enhancement Act. At a time was a return to an education benefit know that quality personnel are the when drastic tax cuts have over- for our veterans, much more like the backbone and the brains of our mili- shadowed our Nation’s priorities, it is original GI bill right after World War tary, and one way to attract quality refreshing that the House should take II. personnel is to provide an enhanced up the legislation that takes a major Now what is the problem? What is education benefit. step towards restoring purchasing the difference between what the If my colleagues believe as I do that power for the GI Bill. Principi Commission called for and the an improved education benefit is going Educational benefits are the mili- legislation we are considering today? to serve as an enlistment tool and is tary’s best recruiting tool. The Mont- The average budget last year for 4 also going to provide for an educated gomery GI Bill must be modernized to years for tuition and fees only was citizenry, then support this bill. Let us meet today’s demands. H.R. 1291 moves toward this goal of expanding access to about $3,500. If we add in the costs, liv- help our young citizens, let us help our higher education by increasing the cur- ing expenses for a student, that gets to military, let us help America. Vote for rent monthly benefits from $650 to $800 about $12,000. this bill. The average private college tuition Madam Speaker, I rise today in support of by the year 2002, and ultimately to $1,100 by 2004. for a 4-year college was about $16,300 H.R. 1291, the 21st Century Montgomery GI Clearly, today’s legislation provides last year. That does not include any Bill Enhancement Act, and I commend Chair- a stronger education package to the man SMITH and subcommittee Chairman living expenses. That is just tuition men and women who choose to serve and fees. HAYWORTH for their leadership in introducing the bill we are considering this afternoon. our country. It does not take a whole lot of math However, while I support this meas- This bipartisan bill greatly improves the to figure out that 3 years from now, ure, I regret that I did not have the op- Montgomery GI Bill as a recruitment tool for when the bill we are considering today portunity to vote for the bill in full our military services. is in full effect, the maximum benefit committee because of the manner in Based on recent testimony provided to the annually will be $13,200; $3,000 short of which H.R. 1291 was brought to the just the tuition and fees with nothing Veterans’ Affairs Committee by the College House floor. provided for living expenses. Board, the monthly benefit needed to meet the More importantly, I am disappointed So in my view what we have done, current average cost for a four-year college is that the gentleman from Illinois (Mr. Madam Speaker, is missed an oppor- $1,025. Yet the current GI Bill benefit is only EVANS), the ranking member, was not tunity to increase opportunity for our $650 per month. permitted to offer his amendment dur- veterans; to help our military recruit- Madam Speaker, $650 per month is just not ing the subcommittee markup on H.R. ers; to help our colleges; and perhaps, enough. As a consequence, America’s youth 1291, which was abruptly canceled. most important of all, to help the stu- and their families no longer see military serv- H.R. 320, the amendment offered by dents at all of our colleges, even our ice as the path to education; they see it as a the gentleman from Illinois (Mr. very expensive 4-year private colleges, detour away from their college plans. This, in EVANS), the Montgomery GI Bill Im- who would benefit by sitting next to a turn, makes it more difficult to recruit young provements Act, would have provided 4-year veteran of the military. high school graduates into the services. additional resources for tuition, would We will all vote for this bill, Madam As a Vietnam veteran, and as someone who have provided additional resources for Speaker; but it could have been so has spent 30 years in the U.S. Army Reserve, fees, would have provided additional much better. I know that quality personnel are the back- resources for books and supplies, as Let me make some response to the bone and the brains of our military. One way well as provided assistance and allow- comments earlier that somehow we to attract quality personnel into the military is ances for these people that would have were engaging in petty politics. It is to provide an enhanced education benefit enlisted for 4 additional years in serv- not petty politics to want to improve through the GI Bill; and H.R. 1291 does just ice. As drafted and presented today on this bill or any bill. It is not petty poli- this. the House floor, H.R. 1291 only provides tics to want bills to go through com- Under the provisions of this legislation, the modest assistance in covering this mittee. It is certainly not petty poli- monthly educational benefit for someone who cost. tics to be in agreement with the cur- commits to a standard three-year enlistment Yes, we are happy that this is here. rent Secretary of Veterans Affairs, An- will go from $800 in October of this year; to We would have had a great opportunity thony Principi, who put out this very $950 in October 2002; to $1,100 on October to make some things happen, and it is important report; and the amendment 1, 2003. unfortunate we did not have the oppor- of the gentleman from Illinois (Mr. A two-year enlistment with a four-year com- tunity to make that happen. EVANS) that he wanted to bring up in mitment to the Reserves also carries an im- My understanding is, based on the committee merely reflects the desires proved benefit. rules that we operate under, Rule of the Principi Commission. Testimony before the Veterans’ Affairs Com- 4(c)(1), the committee rule states that Mr. SMITH of New Jersey. Madam mittee shows that the majority of recruits, each subcommittee is authorized to Speaker, I yield 11⁄2 minutes to the gen- across all branches of service, list money for meet and report to the full committee tleman from Connecticut (Mr. SIM- education as their primary reason for enlist- on all matters under its jurisdiction. MONS). ment. It is clear that an increase in that money These committees were not allowed Mr. SIMMONS. Madam Speaker, I would provide a greater incentive for high to practice the way we should, and it is rise in strong support of H.R. 1291. This school graduates to join the military. something that we also need to recog- bipartisan bill greatly increases the On May 24th of this year, the personnel nize, that this is not a way of handling Montgomery GI bill as a recruitment chiefs from all of our military services testified our issues that come before the House. tool for our military services. Based on that H.R. 1291’s enhancements to the Mont- As we look in terms of the resources recent testimony provided to the Com- gomery GI Bill would be ‘‘very effective’’ as a that we have now and the costs of high- mittee on Veterans’ Affairs by the col- recruitment and retention tool. er education, recent reports show that

VerDate 19-JUN-2001 02:04 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.014 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3217 fees alone are higher than tuition in uals who attain higher degrees—are more There are other bills that would make bigger most universities around the country, likely to be able to support themselves and leaps in shorter time. But the fact of the matter so there is a real need for us to look at their families through steady employment, and is that it is the bill before us that is fully funded this seriously. less likely to require government assistance. in the budget resolution passed by this house. We can stand here today and be Furthermore, according to a study done for It is not a responsible course of government to proud of this piece of legislation, but the VA by the Klemm Analysis Group last make promises that cannot be kept. Over we can also not feel proud of the way it year, servicemembers who gain college edu- time, given the commitment of our Veterans’ was handled. Why, why, did this par- cation or additional skills and training using Affairs Chairman CHRIS SMITH and others on ticular piece of legislation not have an the Montgomery GI Bill contribute more to our the committee and in this body, we may very opportunity to have a vote? economy than servicemembers who do not well get a benefit comparable to the promise Mr. SMITH of New Jersey. Madam take advantage of this program. They are able of the original GI Bill. But, in the meantime, as Speaker, I yield 11⁄2 minutes to the dis- to get higher paying jobs, buy more goods and Carl Sagan once said, ‘‘It’s better to light a tinguished gentleman from Florida services, and invest at higher levels. In fact, candle than to curse the darkness.’’ (Mr. CRENSHAW). the Klemm study indicates that for every dollar Madam Speaker, I thank Chairman CHRIS Mr. CRENSHAW. Madam Speaker, as the government spends on the Montgomery GI SMITH for introducing this legislation, and an original cosponsor of this legisla- Bill for servicemembers who use these bene- pledge my commitment to continuing to work tion, I am proud to stand here and urge fits to get a four-year degree, as much as $14 with him for further improvements in these im- its passage, because I think it improves is returned to the economy. For portant education benefits. I encourage my one of the most popular and important servicemembers who use the benefits to get a colleagues to make that pledge with me. With benefits that the military offers today, two-year degree, as much as $17 is returned that, I urge my colleagues to support this leg- the GI Bill. to the economy. islation. When it started after World War II, Regrettably, too few servicemembers take Mr. EVANS. Madam Speaker, I have as you know, it really changed the way advantage of this benefit because it has failed no further requests for time, and I we look at higher education in Amer- to keep pace with the skyrocketing costs of yield back the balance of my time. ica, because it took the college edu- higher education. The current benefits under Mr. SMITH of New Jersey. Madam cation opportunity and experience and the Montgomery GI Bill cover just 63% of the Speaker, I yield 1 minute to the distin- changed it from kind of an elite oppor- average cost of a baccalaureate degree for a guished gentleman from New York (Mr. tunity for a privileged few to some- commuter student at a state college with no GILMAN). (Mr. GILMAN asked and was given thing that everybody could enjoy. All other expenses. And, it is rare that the permission to revise and extend his re- Americans could enjoy that. It became servicemember taking advantage of his GI Bill benefits has no other expenses. In fact, more marks.) the fulfillment of the American dream, than two-thirds of all veterans are married at Mr. GILMAN. Madam Speaker, I and became something that we could separation from the military, and many have thank the gentleman for yielding me look forward to. It became a way that children. time. a grateful Nation could say thank you The 21st Century Montgomery GI Bill En- Madam Speaker, I want to commend and pay back those patriots that hancement Act provides the most significant the gentleman from New Jersey, the marched into harm’s way to change increase—an increase of nearly 70% from the distinguished chairman of our com- this world. current benefit of $650 per month to the fully mittee, for bringing this measure to But it got expensive to provide edu- implemented benefit of $1,100 per month in the floor. cation, and it was hard to keep up. Yet 2004—in this program’s 16-year history. Ac- Madam Speaker, I rise in strong sup- this legislation does just that. We have cording to the National Association of Inde- port of this measure, the GI Enhance- heard it increases those benefits by 70 pendent Colleges and Universities during testi- ment Act, and urge my colleagues to percent, and that is important, but it mony before the Veterans’ Affairs Sub- join in lending their support. This bill also should be emphasized that every committee on Benefits earlier this month, this provides education benefits to veterans dollar we spend is a good investment, $1,100 benefit ‘‘would cover the full tuition to a level more in line with today’s in- because every time we spend a dollar charges at many four year public institutions, creasingly expensive higher education helping some young man or woman get and even at a substantial number of private opportunities by raising the current an education, it returns back into our colleges.’’ monthly Montgomery GI Bill rates. economy. It is estimated in a two-year There is little doubt that the original GI Bill Madam Speaker, this GI Bill is the degree, that a dollar spend comes back benefits, which paid the full costs for a higher most profound and far-reaching piece seventeen-fold. In a four-year degree, it education, were tremendously successful both of legislation enacted by the Congress comes back fourteen-fold. as a recruitment and retention tool, and as a in the 20th century. The program, first I encourage everyone to support the bridge from military to civilian life. That pro- implemented after World War II, sin- passage of this. I want to thank the gram helped veterans returning home from gle-handedly afforded college education gentleman from New Jersey (Chairman World War II transition smoothly into civilian to the millions of middle and working SMITH) for introducing this legislation life, and our nation was all the better for it. It class men and women who served dur- and for his leadership. I pledge my is estimated that every dollar invested in the ing the war, and it helped transform commitment to make it even better. I GI Bill brought between $5 and $12.50 back America in the postwar years, leading urge everyone to pass this legislation. into the economy in the form of higher wage- to the ‘‘baby-boom’’ and the rise of Madam Speaker, as an original cosponsor paying jobs and increased purchases of goods middle class suburbia. of this truly landmark legislation, I rise in and services. These patriots bore the weight Accordingly, I urge my colleagues to strong support of the 21st Century Mont- of the building of a new America. They first support this worthy, timely legisla- gomery GI Bill Enhancement Act. This legisla- saved the nation from tyranny and then helped tion. With prices rising three times tion will vastly improve one of the most pop- the nation to rise to the responsibilities of faster than the Consumer Price Index, ular and important benefits our military pro- world leadership with the help of the GI Bill. I can think of no better way to enhance vides—the All Volunteer Force Educational H.R. 1291 does not restore the Montgomery the education benefits that we provide Assistance Program, or the Montgomery GI GI Bill to the high standards of its prede- for those who serve in our Armed Bill. cessor. It would be enormously difficult to Forces. This important program serves two main keep up the pace of increases in the costs of Mr. SMITH of New Jersey. Madam purposes: higher education. In the past twenty years, the Speaker, I yield 2 minutes to the dis- (1) It is a key recruitment and retention tool average tuition and fees at 4-year private col- tinguished gentleman from Mississippi for our military, and leges rose by 352%. During that same period, (Mr. PICKERING). (2) It helps servicemembers transition into the costs at 4- and 2-year public colleges rose Mr. PICKERING. Madam Speaker, I civilian life and apply the skills they learned in by 336%. But, while H.R. 1291 may not be all rise with great pride to support H.R. uniform in the larger society. that we want it to be, it does make significant 1291, the 21st Century Montgomery GI The program has a broad and overwhelm- progress. It will enable many more Bill. It is a great honor for me to fol- ingly positive impact on society. servicemembers to take advantage of this low G.V. Sonny Montgomery, who rep- Servicemembers with college degrees or addi- great tool for advancing their hopes and im- resented the Third District of Mis- tional skills and training—as with any individ- proving their prospects for the future. sissippi, the legislation which bears his

VerDate 19-JUN-2001 00:50 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.016 pfrm01 PsN: H19PT1 H3218 CONGRESSIONAL RECORD — HOUSE June 19, 2001 name and which is an embodiment of best educational benefits we can offer. I be- As a country that depends on the volunteer his commitment and his legacy to our lieve H.R. 1291 raises benefits to a level fitting membership of our servicemen and women to Nation’s Armed Services, the military, of our nation’s defenders. I thank our nation’s defend our nation’s ideals, we must provide and to our veterans. veterans for their hard work and dedication, competitive benefits for our veterans. Recruit- What does it mean for Mississippi? In and I thank my colleague, Representative ing is increasingly difficult in a thriving econ- the Third District we have 4,763 mem- CHRIS SMITH, for introducing this bill and for omy. We can strengthen the retention of our bers of the Army-Air Force National his leadership on veteran’s issues. trained solders, if we deliver appropriate bene- Guard throughout the district; 1,410 ac- Mr. LANGEVIN. Madam Speaker, I rise fits and support. tive duty Air Force at Columbus Air today in support of H.R. 1291, the 21st Cen- At the same time, it is critical that the cur- Force Base; 1,646 active duty Navy and tury Montgomery GI Bill Enhancements Act. rent cost of higher education be reflected. The Marine Corps personnel at Meridian, This measure will modernize one of the most cost of higher education since the inception of Mississippi. important pieces of legislation of the Twentieth the Montgomery GI Bill in 1985 has increased It means that they will have the op- Century, the Montgomery GI Bill, which was more than double the rate of increase in GI portunity to get an education, to bet- passed in 1944. I am pleased that we finally Bill benefits. During the 106th Congress, and ter their lives, to have a higher stand- have the chance to bring the GI Bill in line again during this Congress I introduced H.R. ard of living and quality of life for with the current costs of higher education. 1280, the Veterans Higher Education Opportu- their children and for their families. When the GI Bill was first enacted, it pro- nities Act. This legislation would index edu- At Mississippi State University, if vided the stimulus for thousands of Americans cation benefits annually to the Annual figure they choose to attend there, today 55 to go to college after serving their country in published by the College Board, adjusting for percent of their tuition is covered. World War II. This was a fitting reward to what the cost of attending a public four-year univer- Under this legislation, 87 percent of has come to be termed as ‘‘The Greatest sity as a commuter student. This way of deter- their tuition and costs will be covered. Generation,’’ allowing them to move beyond mining benefits has received tremendous sup- One hundred twenty student veterans the places they came from and pursue the port from the Partnership for Veterans Edu- are now enrolled at the University of American Dream. The GI Bill has since al- cation, made up of 40 organizations of vet- Southern Mississippi. Today, 51 percent lowed millions of young men and women who erans, military members, and higher education of their costs of covered under this leg- could not otherwise afford college to have officials, as well as Admiral Tracey, the Ad- islation. Three years from today, 83 their education paid for after serving their ministration’s representative from the Pen- percent of their costs will be covered. country. tagon who testified before the House Veterans Four hundred sixty students are en- Unfortunately, as time has passed, the costs Affairs Benefits Subcommittee on May 24th. rolled there today. of sending our men and women to college has I am disappointed that we are debating this At the University of Mississippi, 55 escalated considerably, and increased funding bill under the Suspension of the rules, and percent of the costs are covered today. for the GI Bill has not been enough to keep that there is no opportunity to consider alter- Eighty-seven percent will be covered in the benefit current with costs. The maximum natives. My bill, H.R. 1280, more accurately the future, and over 100 students will benefit right now is only $650 a month, which reflects the mission of Representative Mont- benefit. does not cover the cost of the average four- gomery by providing the level of education Madam Speaker, it is time for the year state institution. As a result of letting in- benefits that was promised to our soldiers next generation to step up to the plate flation erode our commitment to our veterans, when they entered the service. I support H.R. and follow the leaders of the World War we have lost a powerful recruiting tool for 1291, Madam Speaker, but we can do better. II generation, to show our commitment bringing new people into our armed forces. It We are shortchanging our veterans by refus- to the Armed Services. For the men is past time for us to raise the amount of ing to open the floor for honest debate. Our nation’s veterans are our heroes. They and women of the 21st century who are these benefits. That is why I am proud to be have shaped and sustained our nation with willing to commit to serve their coun- a cosponsor of H.R. 1291. It will link any fu- courage, sacrifice and faith. They have earned try, we need to make sure we can re- ture increase in the education benefit to the our respect and deserve our gratitude. Let us cruit and retain and give them the edu- consumer price index so that inflation will no cational opportunities and benefits of join together and do something meaningful by longer be an issue. passing legislation to modernize and improve the Montgomery GI Bill. For that rea- We owe this not only to our veterans, but to the Montgomery GI bill. It is the right thing to son, I have great pride in supporting the millions of young men and women who will do. this good and noble effort. be looking to our military in the future as their Mr. DINGELL. Madam Speaker, I rise today Mr. LARGENT. Madam Speaker, I rise best hope of obtaining a college degree. I ask in support of H.R. 1291, the ‘‘21st Century’’ today in strong support of H.R. 1291 and the that all my colleagues join me in whole- Montgomery G.I. Bill. This legislation is indeed opportunities it provides our veterans across heartedly supporting this measure today. important to our nation’s national security as the country. College tuition has risen approxi- Mr. SHOWS. Madam Speaker, I am so well as the men and women who serve our mately 49 percent over the last ten years, and proud to be here, as a member of the House nation selflessly in uniform. It is also a sen- more than 114 percent since 1980. This does Veterans Affairs Committee, to share my con- sible, bipartisan bill that will better America. It not include costs which are incurred beyond tinued support for H.R. 1291 with my col- is good policy. As a veteran and a former GI tuition and fees. The Montgomery GI Bill ben- leagues in Congress. Bill beneficiary, I am proud to be an original efits have not risen significantly during this As a young man growing up in Mississippi, cosponsor of H.R. 1291. time, causing hardship for our veterans who two great men—my father and Sonny Mont- However, Madam Speaker, I am troubled by continue their education after their military gomery, indisputably inspired my life in public my Republican colleagues’ decision to subvert service. service and advocacy for veterans. The valiant the process and bypass the committee sys- Many of our military personnel and veterans service rendered by men like my father and tem. Last week, the Veterans Subcommittee have families to consider, and it is of utmost Congressman Montgomery was not done for on Benefits was scheduled to markup H.R. importance to assist our veterans and their any personal reward, just for knowing they 1291. However, this markup was cancelled families who depend upon them. Veterans had done their part to keep America and de- after the Committee’s Democratic staff in- who continue their education often face bur- mocracy strong. And yet, our nation did right formed their Republican counterparts that Mr. dens greater than the average student be- by them by enacting the 1944 GI Bill of EVANS and REYES each intended to offer an cause they often live off campus and commute Rights, one of the landmark pieces of legisla- amendment at the scheduled markup. in an effort to provide the best possible situa- tion of the 20th Century. It transformed Amer- Mr. EVANS’ amendment would, like H.R. tion for their families. ica by providing for the education of millions of 320, have boosted to H.R. 1291’s benefit Our veterans serve their country with a World War II veterans, as well as thousands package to cover the full cost of tuition for strong sense of duty, courage and loyalty, and of veterans who followed in their selfless path. every servicemember now and in the future. it is unfortunate that they have to worry about We all know why we must act swiftly on the Mr. REYES’ amendment would have indexed putting food on the table and about their future passage of this legislation for our veterans. the MGIB benefit to educational inflation in- after military service. Our goal of recruiting Simply put, they have earned it and deserve stead of using the CPI, thus preventing a fu- high quality personnel into the Armed Forces it. Our servicemen and women accept lower ture deterioration in the real value of the and strengthening the ranks with personnel pay and modest living conditions in the mili- MGIB. who make a career of serving our nation must tary—we must meet their commitment with a Why did the Republicans block debate on be a top priority. Our veterans deserve the promise to invest in their future. these amendments? Why did Republican staff,

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after being informed of Mr. EVANS’ and REYES’ est hike ever enacted. When fully phased in, ever, as the Ranking Member on the Benefits intentions two days prior to the markup—a the new education benefit will bring the total Subcommittee, I am very disappointed that clear demonstration of good faith—attempt to GI Bill benefit to $39,600, an amount roughly this matter was brought to the House Floor browbeat veterans’ groups into preventing a equal to the estimated cost for a student at a without Members of the Benefits Sub- full debate on H.R. 1291 that would have im- four-year public college. Today, these benefit committee or the Full Committee on Veterans’ proved this legislation? Both amendments, levels total only $23,400, an amount that is far Affairs having an opportunity to debate and after all, would only benefit our veterans, below what it takes to afford a degree in most consider the measure in a mark-up. servicemembers, and their families. They were institutions. The bill makes these increases Consistently, history has referred to GI Bill not ‘‘Democratic’’ amendments meant to derail over a three year period in responsible steps, benefits as the most significant reason for the the MGIB, but honest attempts to better the increasing to $800 the first year, the second high educational attainment and post World MGIB program. year to $950, and finally to $1,100 per month War II economic leadership success of the I remain in support of H.R. 1291. When I in the third year. United States. Through financial and tuition testified in support of it on June 7, I empha- As a Member of the House Budget Com- benefits, the GI Bill still provides millions of to- sized this bill was a good interim step in our mittee, I am pleased that the Budget Resolu- day’s returning military service members the efforts to overhaul the MGIB to make it more tion our Committee constructed included provi- opportunity to gain important educational skills in line with the World War II-era GI Bill. I sions allowing for this much-needed benefit in- and knowledge they could not afford other- stressed that H.R. 1291 was good policy and crease. wise. With the cost of college climbing over a step in the right direction, but was not as This is an important step to honor our vet- the last two decades, and our nation’s military comprehensive as H.R. 320, which would es- erans. Increasing benefit levels will also help plagued with recruitment problems, our obliga- sentially pay the full cost of tuition and grant to recruit young, talented people to our na- tion to our nation’s veterans is to keep pace a living allowance for every MGIB beneficiary. tion’s armed forces. And, like the original GI with these costs and provide stronger, more I urged passage of H.R. 1291 as a positive Bill, it will help pay dividends for our nation, in adequate GI Bill benefits. Increasing sources step in the process of passing H.R. 320, not college-educated young people who will go on of private scholarships and funding, along with as the end of the road. Short-circuiting the to make contributions to their neighborhoods the Montgomery GI Bill’s current inadequate committee process by preventing Republican and our nation. level of benefits, has seriously hurt military re- or Democratic members from perfecting this I urge my colleagues to join me in passing cruiting efforts. legislation is not in the interest of America’s this legislation. Our veterans certainly deserve better. From veterans. This bill should be about what best Mr. BUYER. Madam Speaker, I rise in a national security standpoint, we cannot af- helps veterans, not over who get credit for strong support of H.R. 1291, the 21st Century ford to allow our military to be without nec- helping veterans. Montgomery GI Bill Enhancement Act. essary manpower and strength. We must con- Madam Speaker, LANE EVANS and I have H.R. 1291 increases the amount of edu- tinue to work to maintain and improve the ben- worked hard over the last three years to pass cational benefits available under the Mont- efits for our veteran population. By doing this, H.R. 320, which aims to bolster military re- gomery GI Bill for an approved program of we honor their service and provide for their fu- cruiting and assist young men and women education on a full-time basis from the current ture. As the Ranking Democratic Member of who choose to serve our nation in uniform. monthly rate of $650 for a minimum three-year the House Veterans’ Affairs Committee, Sub- H.R. 1291 is a solid interim measure that will enlistment to $1,100 over three years. committee on Benefits, I, along with my col- improve military recruiting and increase ac- The benefits for a two-year active enlistment leagues on the Subcommittee, held hearings cess to higher education for veterans. It is and four years in the Reserves, currently on this legislation and heard testimony sur- good policy for our country, and represents an $528, will rise to $894 over three years. rounding the significant issue of GI Bill en- important step in what must be a continuing This legislation is truly important. hancement. The testimony of individuals such process of improving the MGIB. I would urge Over the last decade, benefits under the as Representative JOHN DINGELL, himself an all my colleagues to support H.R. 1291 today, Montgomery GI Bill have not kept pace with architect of GI Bill enhancement legislation, but also urge my Republican colleagues to the rising cost of a college education. my colleague on the Committee Representa- commit themselves to working with us the re- In fact, the Department of Veterans Affairs tive RONNIE SHOWS, and Secretary of Vet- mainder of this session to fully restoring the has indicated that roughly 50 percent of eligi- erans’ Affairs Anthony J. Principi, reflected a G.I. Bill’s purchasing power by passing H.R. ble veterans do not use the GI Bill education need to ensure that a GI Bill for the new cen- 320. benefits that they are entitled to. tury must provide a meaningful readjustment Mr. HOLT. Madam Speaker, as an original Veterans repeatedly cite the lack of buying benefit to discharged service members while cosponsor of the 21st Century Montgomery GI power of the Montgomery GI Bill as one of the also giving our military an effective recruiting Bill Enhancement Act, I am pleased to see the reasons for not using this benefit. tool. We understand that there have been sig- House of Representatives taking this action The bill will help hundreds of thousands of nificant economic, societal, and military today. veterans, service members, and their families changes since the implementation of the GI More than 21 million veterans have been who take advantage of the Montgomery GI Bill. These changes must be addressed, and able to get a college education with the help Bill. Congress is now addressing its responsibility of the government since the original GI Bill in Equally important, this bill will ultimately to make improvements to the structure and 1944. By the time the last American World strengthen our national defense by helping to benefit level of this program. War II veteran graduated in 1956 with the help improve the military’s recruiting efforts. It is unfortunate to mention, however, that of this program, the United States was richer The original GI Bill of 1944 is widely re- this bill came to the floor of the House of Rep- by 450,000 engineers; 238,000 teachers; garded as one of the most important pieces of resentatives without a mark-up. While this bill 91,000 scientists; 67,000 doctors; 22,000 den- social legislation ever passed by Congress. does much for American veterans and service tists; and more than a million other college- Like that original bill and its later versions, members, many, including myself, wish it trained men and women. It was a landmark this bill makes higher education and training could do more. I intended to introduce an idea that paid off for our nation, and helped to more affordable to military personnel returning amendment to H.R. 1291 that would index the catapult the United States into its position of to civilian life. GI Bill to educational inflation rather than the post-war prominence. Again, I rise in strong support of this legisla- Consumer Price Index. Indexing the GI Bill to Today, by updating the Montgomery GI Bill, tion. the inflating cost of college tuition and ex- we are taking a step that will help many more Mr. REYES. Madam Speaker, I rise today in penses would allow veterans and beneficiaries men and women achieve the goal of a college support of H.R. 1291, the 21st Century Mont- of the GI Bill to receive full educational bene- degree and a brighter future for themselves. gomery GI Bill Enhancement Act. I would like fits without constant Congressional or govern- This bill will implement a historic funding in- to thank my good friend and colleague, the mental adjustment. The benefits would cor- crease in the Montgomery GI Bill education Ranking Member of the House Veterans’ Af- respond with the significant costs of an institu- benefit. The legislation goes a long way to- fairs Committee, LANE EVANS as well as Chair- tion of higher learning. ward closing the gap between current GI Bill man CHRISTOPHER SMITH and Benefits Sub- My colleague, Representative LANE EVANS, benefit levels and the rising cost of a college committee Chairman J.D. HAYWORTH for their was going to introduce his bill, H.R. 320, as a education. efforts to improve education benefits for our substitute to H.R. 1291 during mark-up. H.R. This legislation will increase the monthly nation’s veterans. I commend each of you for 320, of which I am a co-sponsor, was de- education benefit from its current level of $650 your leadership and your efforts toward im- signed to restore the GI Bill program to a ben- per month for 36 months to $1,100—the larg- proving the lives of America’s veterans. How- efit level comparable to that once provided to

VerDate 19-JUN-2001 02:04 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\A19JN7.006 pfrm01 PsN: H19PT1 H3220 CONGRESSIONAL RECORD — HOUSE June 19, 2001 veteran students after World War II. Essen- knowledging, honoring, and expressing Madam Speaker, I rise in strong sup- tially, H.R. 320 would pay for the full cost of appreciation for the critical support by port of this resolution, introduced by attending college and would remove the large employers of the Guard and Reserve. the gentleman from Georgia (Mr. COL- enrollment fee that is paid by service mem- The Clerk read as follows: LINS), honoring the continuing commit- bers. This legislation is modeled after the rec- H. CON. RES. 154 ment of Army National Guard combat ommendations made by Secretary of Vet- Whereas in October 1999 the Army an- units in support of U.S. operations in erans’ Affairs Anthony Principi when he was nounced a groundbreaking multi-year plan Bosnia. chairman for a Congressional Commission to mobilize and deploy the headquarters of Throughout our history, America’s charged with studying the needs of military National Guard combat divisions to com- citizen soldiers have played a crucial service members when they leave the military mand the United States sector of the Multi- role in making and keeping the peace. national Stabilization Force in Bosnia and Nowhere has this been more evident to return to civilian life. This legislation enjoys to employ significant elements of the Army broad Congressional support and the support than in recent deployments of the Na- National Guard enhanced combat brigades in tional Guard to support peacekeeping of several national veteran service organiza- that sector; tions. Despite the absence of a mark-up or a Whereas the 49th Armored Division, Texas missions in Bosnia. Clearly, we are in- chance for full Committee deliberation on this Army National Guard, and Army National creasingly reliant on the men and matter, the provisions within H.R. 320 and the Guard combat units from the 30th Enhanced women of the National Guard and Re- amendment I intended to offer continue to Separate Brigade of North Carolina and the serve to perform peacetime operational enjoy strong support among Members of Con- 45th Enhanced Separate Brigade of Okla- missions. For example, in 1996, the Na- homa have completed deployments in Bos- tional Guard and Reserves provided gress and veteran service organizations. I, nia, and 1,200 soldiers of the 48th Infantry along with my colleagues, will continue to ad- less than 1 million duty days of direct Brigade of Georgia are as of June 2001 de- support to active components. Today, dress this issue until all our veterans are fi- ployed to Bosnia in the largest such deploy- nally given a fully functional, fully beneficial, ment of National Guard personnel in support they are providing in excess of 12 mil- fully enhanced GI Bill. of the North Atlantic Treaty Organization lion duty days of support annually, the I am a supporter of H.R. 1291 because this peacekeeping mission in Bosnia; equivalent of nearly 34,000 active duty measure does provide a considerable increase Whereas the more than 1,200,000 citizen-sol- personnel. in veterans’ educational benefits under the diers who comprise the National Guard and In October 1999, the Army announced Reserve components of the Armed Forces na- an important decision to employ Na- Montgomery GI Bill. Under H.R. 1291 the tionwide commit significant time and effort tional Guard combat units and Na- monthly benefit would increase to $800 per in executing their important role in the tional Guard division headquarters in month for fiscal year 2002, increasing to Armed Forces; support of the NATO peacekeeping mis- $1,100 by fiscal year 2004. While I do believe Whereas these National Guard and Reserve sion in Bosnia. As a result, the 49th Ar- that students and service members entering citizen-soldiers serve a critical role as part mored Division headquarters for the college in 2002 would benefit more from a bill of the mission of the Armed Forces to pro- Texas National Guard, and combat that includes the amount of benefits that would tect the freedom of United States citizens units from the 30th Enhanced Separate be provided to veterans if the bill was adjusted and the American ideals of justice, liberty, Brigade, North Carolina National to educational inflation, I encourage my col- and freedom, both at home and abroad; and Whereas thousands of employers nation- Guard, and the 45th Enhanced Separate leagues to vote for the passage of this bill. It wide continue their support for service of Brigade of the Oklahoma National is the first step in a long road toward veterans’ their employees in the Reserve components: Guard have completed deployments in benefits enhancement. Now, therefore, be it Bosnia. The SPEAKER pro tempore (Mrs. Resolved by the House of Representatives (the I am particularly proud of the 49th, Senate concurring), That the Congress— BIGGERT). The question is on the mo- because several of its members came tion offered by the gentleman from (1) honors the continuing service and com- mitment of the citizen-soldiers of the Army from my district, soldiers like Bob New Jersey (Mr. SMITH) that the House Wenger of Amarillo, Texas. The 49th suspend the rules and pass the bill, National Guard combat units deployed in support of Army operations in Bosnia; was the first Guard or Reserve unit to H.R. 1291. (2) recognizes the deployment of the 48th command active duty troops since The question was taken. Infantry Brigade in March 2001 as an impor- World War II. They set the standard for The SPEAKER pro tempore. In the tant milestone in that commitment; others to follow. Today, more than opinion of the Chair, two-thirds of (3) honors the sacrifices made by the fami- 1,200 soldiers of the 48th Brigade, Geor- those present have voted in the affirm- lies and employers of the members of those gia National Guard, have deployed in units during their time away from home; ative. the largest such deployment of Na- Mr. SMITH of New Jersey. Madam (4) expresses deep gratitude for the con- tinuing support of civilian employers for the tional Guard soldiers to Bosnia. Speaker, on that I demand the yeas This resolution not only honors the and nays. service of their employees in the National Guard and Reserve; commitment and dedication of the sol- The yeas and nays were ordered. (5) recognizes the critical importance of diers in these combat units who have The SPEAKER pro tempore. Pursu- the National Guard and Reserve to the secu- left home and family to serve the Na- ant to clause 8 of rule XX and the rity of the United States; and tion, but it also honors the sacrifices of Chair’s prior announcement, further (6) supports providing the necessary re- their families and employers. It also proceedings on this motion will be sources to ensure the continued readiness of serves as a reminder to us, and to the the National Guard and Reserve. postponed. Nation, that the National Guard and f The SPEAKER pro tempore. Pursu- Reserve are critically important to the ant to the rule, the gentleman from HONORING ARMY NATIONAL security of the United States. Their Texas (Mr. THORNBERRY) and the gen- GUARD COMBAT UNITS DE- readiness directly contributes to Amer- tlewoman from California (Ms. PLOYED IN SUPPORT OF ARMY ica’s military readiness, and we must SANCHEZ) each will control 20 minutes. continue to provide the support nec- OPERATIONS IN BOSNIA The Chair recognizes the gentleman essary for both the active and reserve Mr. THORNBERRY. Madam Speaker, from Texas (Mr. THORNBERRY). I move to suspend the rules and agree components to perform the missions GENERAL LEAVE assigned to them. to the concurrent resolution (H. Con. Mr. THORNBERRY. Madam Speaker, Res. 154) honoring the continued com- I ask unanimous consent that all Mem- b 1500 mitment of the Army National Guard bers may have 5 legislative days within Madam Speaker, I urge my col- combat units deployed in support of which to revise and extend their re- leagues to support this resolution, and Army operations in Bosnia, recognizing marks on H. Con. Res. 154. I reserve the balance of my time. the sacrifices made by the members of The SPEAKER pro tempore. Is there Ms. SANCHEZ. Madam Speaker, I those units while away from their jobs objection to the request of the gen- yield myself such time as I may con- and families during those deployments, tleman from Texas? sume. recognizing the important role of all There was no objection. I rise in support of House Concurrent National Guard and Reserve personnel Mr. THORNBERRY. Madam Speaker, Resolution 154, and I urge my col- at home and abroad to the national se- I yield myself such time as I may con- leagues to support this important curity of the United States, and ac- sume. measure.

VerDate 19-JUN-2001 00:50 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.021 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3221 Madam Speaker, H. Con. Resolution the peacekeeping mission. They are this time. I rise in support of H. Con. 154 commends the continued commit- following in the footsteps of other Na- Res. 154. I urge that all of us in this ment of the Army National Guard com- tional Guard units that have been men- body vote for it. bat units deployed in support of Army tioned such as the Texas division, the This resolution honors the Army Na- operation in Bosnia. It recognizes the 39th Enhanced Separate Brigade of tional Guard combat units in Bosnia, important role of all National Guard North Carolina, and the 45th Enhanced recognizes the sacrifices of Guard and and Reserve personnel, and it expresses Separate Brigade of Oklahoma. Our Reserve families, and expresses appre- appreciation to the employers of the citizen soldiers are adding their ciation to employers of the Guard and Guard and the Reserves. strength to our efforts to bring peace Reserve members for their critical sup- Since the first units of the National to a bitter and divided land. port. The Guard and Reserves have be- Guard were mobilized for deployment These men and women are part of come increasingly critical to our na- to Bosnia in December of 1995, our Na- more than 1.2 million soldiers who play tional security through the years. tional Guardsmen and women and Re- a critical part in our national defense Guard and Reserve personnel have been servists have played a vital and signifi- as members of our National Guard and deployed around the world for numer- cant role in Bosnia. Their determined Reserve components. They contribute ous missions, including peacekeeping efforts have helped to stabilize the area significant time and effort to executing operations in Bosnia. and deter hostilities to facilitate long- their roles, and we as a Nation are very Madam Speaker, in recent weeks I term peace in that area. grateful. have had the opportunity to visit with Recognizing their valuable contribu- Our citizen soldiers have helped de- a good number of National Guard units tions, the Army began to mobilize and fend our freedom since the first min- in the Fourth Congressional District of deploy the headquarters of the Army utemen took up their muskets to meet Missouri, and soon I will have visited National Guard combat divisions and the British at Concord Bridge. From all of them. I must tell my colleagues enhanced combat brigades in Bosnia. those grassy fields of New England to that I am so proud of them. They are As increasing numbers of our National the burning sands of Kuwait, our there because they want to be there. Guard and Reserves are being called to guardsmen and reservists have fought They take their training seriously; duty for peacekeeping operations, hu- with distinction. they take their mission seriously. manitarian missions, and combat, we As citizen soldiers, most guardsmen When I asked them how many had been also need to recognize the effect that and reservists have two careers, civil- deployed in recent years, my col- this has on their families and to recog- ian and military. After a hard week on leagues should see the number of hands the job, neighbors may be headed to nize the valiant effort by these families that are raised. I thank them for their the beach for the weekend, but many when personnel go abroad. Like those sincerity and their dedication to the guardsmen are headed off to drill and on active duty, Guard and Reserve per- State and to our government here in to train. Neighbors may be watching sonnel would not be able to focus on the United States. emergencies on TV, but oftentimes their mission without the support and The October 1999 announcement by guardsmen are already there helping the strength of their families. Madam the Army to mobilize and deploy Na- victims of disorder and disaster. tional Guard combat divisions to com- Speaker, it really takes quite a lot out As we see our guardsmen called up to mand active and Reserve forces in Bos- of families when someone gets up- serve in areas such as Bosnia over the nia was an historical landmark. Other rooted and leaves their job for a while long deployments, we should note the various Guard combat support and and goes across to work in Bosnia. So sacrifices as they leave home, family, we really commend the families for and friends in the service of their coun- combat service support units have been their contributions and their sacrifices try. This separation is hard on families participating in Bosnia since December in this effort. and loved ones; but while we often note of 1995. For example, the 1137th Mili- However, the Guard and the Reserve the burden on soldiers and their fami- tary Police Company from Kennett, must also depend on the support of lies, we often overlook someone who Missouri was mobilized for Bosnia in their employers. Can we imagine what makes an equal sacrifice too, and those December of 1995. Since then, the 70th it is like to have somebody who is very are the employers of those reservists Mobile Public Affairs Detachment and vital to one’s business interests all of a and those guardsmen. the 135th Military History Detachment sudden leave for 6 or 8 or 10 months? I want those employers to know that from Jefferson City and the 40th Oper- Without the support of employers the Congress deeply appreciates the ational Support Airlift Command De- across the country, Guard and Reserv- sacrifice that they knowingly make for tachment from Springfield have also ists would not be able to continue this our national security when they hire seen service in Bosnia. These Missouri important mission for the United members of the National Guard and National Guardsmen and women have States. Reservists. As a small businessman, joined the thousands of guardsmen and Madam Speaker, I would like to rec- Madam Speaker, I know how business reservists from across the Nation who ognize and thank those employers for can be affected by the absence of a have served the Nation so well. their essential support of the National good worker for a period of as short as Mr. THORNBERRY. Madam Speaker, Guard and our Reservists. It is the con- a day, much less for several weeks or I yield 3 minutes to the gentleman tributions of the service member, of months. It is tough on a business, no from Texas (Mr. BRADY). the family, and the employers that matter how large or small. Mr. BRADY of Texas. Madam Speak- play a role in our success in Bosnia and Our Nation is secure today because er, I rise today in support of this reso- other regions. This successful combina- Americans stand ready to defend our lution offered by the gentleman from tion allows us to have the best citizen freedom. The men and women of our Georgia (Mr. COLLINS). soldiers in the world. National Guard and Reserve sacrifice This is truly a unique time in the Madam Speaker, I urge my col- their time and talent to serve in the history of our Nation’s military. The leagues to support this measure, and I military, even as they hold down those time of the National Guard being used reserve the balance of my time. civilian jobs. The spirit of sacrifice is solely for the purpose of missions with- Mr. THORNBERRY. Madam Speaker, also exemplified by the families and in the U.S. borders is over. That is not I yield 3 minutes to the gentleman the loved ones who support them to say the Guard does not play a vital from Georgia (Mr. COLLINS), the spon- whether they are off on a weekend drill role in our domestic situation, such as sor of this resolution. or extended deployments overseas. For the flood recovery in my home area of Mr. COLLINS. Madam Speaker, I this we are grateful. Houston from the Storm Allison. In thank the gentleman for yielding me Ms. SANCHEZ. Madam Speaker, I fact, and thank goodness, nearly 400 this time. yield 2 minutes to the gentleman from Guard members were called to active In March, after completing prepara- Missouri (Mr. SKELTON), our distin- duty to assist the victims, my neigh- tions at Fort Polk, Louisiana and Fort guished ranking member of the Com- bors, in this devastation. Stewart, Georgia, some 1,200 soldiers of mittee on Armed Services. But that is not all they do. With the Georgia’s 48th Infantry Brigade were Mr. SKELTON. Madam Speaker, I decreasing size of our active duty mili- deployed to Bosnia to participate in thank the gentlewoman for yielding me tary, the role of the National Guard

VerDate 19-JUN-2001 02:04 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.020 pfrm01 PsN: H19PT1 H3222 CONGRESSIONAL RECORD — HOUSE June 19, 2001 has never been more important. All too allies on a mission that is saving lives For all the work that our men and often we forget about the important and making the world safe from a cruel women in the National Guard have service our Guard units play in pro- conflict, one that could spread uncon- done and will do in the future, Madam tecting our Nation’s interests abroad. trollably if not held in check. Speaker, I know I speak for all of my Last year in February, National This call-up is not fun. It is tough. It constituents in Indiana when I say, Guardsmen began pulling active duty is grueling, and it is dangerous duty. ‘‘Well done, good and faithful serv- overseas for the first time since the But they willingly serve, and we are ants,’’ and I thank them for all they Korean War. And, for the first time grateful. have done to help secure relative peace since American soldiers went to Bosnia In March, 1,200 citizen soldiers of the and stability in the region. in late 1995, an Army National Guard 48th Infantry Brigade began a 6-month House Concurrent Resolution 154 is a unit performed the headquarters func- tour of duty in Bosnia, the largest well-deserved tribute. tion and provided the true component Georgia Guard mobilization since Oper- Mr. GILMAN. Madam Speaker, I rise today for the peacekeeping mission there. ation Desert Storm. Other Guard per- in strong support of H. Con. Res. 154, a bill Madam Speaker, I am proud that the sonnel from my State and from other honoring the commitment of the Army National approximately 750 men and women who States have also served as peace- Guard combat units deployed in Bosnia and I served in this precedent-setting mis- keepers there, and I urge the House to urge my colleagues to give this measure their sion were from the Texas 49th Armored pass this resolution to honor the com- full support. Division, the Fighting 49th of the mitment and the sacrifice of every Na- Our National Guard has played a vital role Texas National Guard, also known as tional Guard soldier who has faithfully in our Nation’s security, primarily by maintain- the Lone Star Division. This unit re- served and who faithfully answers the ing the concept of the ‘‘Citizen-Soldier.’’ Our turned home in October of last year call. Nation’s founders were distrustful of large following an 8-month peacekeeping Mr. THORNBERRY. Madam Speaker, standing armies. Consequently, the state mili- duty in Bosnia. I had the pleasure of I yield 2 minutes to the distinguished tias, which later evolved into the National enjoying Easter Sunday services with gentleman from Indiana (Mr. PENCE). Guard, have always served as a working our troops in Bosnia. I cannot tell my framework that stood by ready to supplement b 1515 colleagues how impressed I was with and augment the officer core of the regular the dedication and the professionalism Mr. PENCE. Madam Speaker, I thank military in times of war. The most recent example of this has been and their dedication to the mission, the gentleman for yielding time to me. the long-standing contribution the Army Na- our country, and their families. I especially appreciate the leadership This resolution today also hits home of the gentleman from Texas (Mr. tional Guard has made to the peacekeeping because one of my staff people, David THORNBERRY) for bringing this impor- deployment in the Balkans. The Army National Drake McGraw, will be commanding tant resolution to honor the service of Guard units have performed an important sup- porting role backing up our active duty forces the Alpha Troop of the Maryland Na- our National Guard heroes who have in those hazardous operations. tional Guard when it is deployed to served our country so ably in Bosnia. I National Guard members face far more un- Bosnia in a few months. My office is also thank the gentleman from Georgia (Mr. COLLINS) for his efforts. predictable military service than their active dealing with the same challenges as duty counterparts. The nature of their job re- thousands of other employers across Madam Speaker, I have a particular interest in this resolution, and I am quires them to be ‘‘on call’’ and ready to de- our country when employees, key em- ploy overseas at a moments notice. As such, ployees are deployed as part of these pleased to be a cosponsor because I am fortunate enough to represent Indi- smooth deployments are dependent on the co- units. Madam Speaker, I can tell my operation of both guard-member families and colleagues that it is not easy, but it is ana’s Atterbury National Guard base and Armed Forces Training Center at employers. worthwhile. The sacrifice members of This resolution, in recognition of these fac- Atterbury. This facility has played an the National Guard make each year in tors, commends the sacrifices made by the important role in preparing our reserve order to serve their country through families of guard-members and their civilian forces for deployment to the Bosnian the military is in addition to working employers. full-time jobs. It is great and must not theater. I am very proud of the work It also recognizes the increasingly vital role be forgotten. I am proud of Drake, not they do there. the Army National Guard plays in our Nation’s only for his outstanding service to the In fact, Madam Speaker, the training national security. residents of my district of Texas, but facilities at Atterbury are the finest Accordingly, Madam Speaker, I urge my col- also for the sacrifice and service to our light fighting training site east of Mis- leagues to join in supporting this measure Nation. sissippi, to hear them tell it. This dis- honoring our Country’s National Guard. Captain McGraw serves in the Mary- tinction is deserved praise given the Mr. ORTIZ. Madam Speaker, I rise in sup- land Army National Guard. His unit, role they have played in getting our port of H. Con. Res. 154 which honors our the first of the 1/58 Cavalry, will be troops ready for service in Bosnia. commitment to the Army National Guard com- going to Bosnia on September 18 for Since 1996, Hoosier National Guards- bat units deployed in support of Army oper- about 7 months. He will be leaving be- men have had a continuous representa- ations in Bosnia. hind his wife, Barbra and his young tion in Bosnia. Next spring, the 76th I have a special appreciation for this resolu- son, David. It is important to remem- Separate Infantry Brigade will also be tion today on two levels. As the Ranking Dem- ber the sacrifice they are making while deployed in Bosnia. The newest mission ocrat on the House Military Readiness Sub- Drake is serving his country. amounts to nearly 300 infantry soldiers committee, issues of how to supplement the Madam Speaker, it is for these rea- from all over the State of Indiana. everyday personnel needs of our troops is a sons that I proudly support this resolu- In addition to plain old home State vital issue for us. Through the citizen soldiers tion. pride for the work our National Guard of the National Guard, we are able to keep an Ms. SANCHEZ. Madam Speaker, I personnel have done and are doing in all-volunteer force, which is as it should be in yield 2 minutes to the gentleman from Bosnia, it is with deep respect that I a free democratic Nation, and we have moved Georgia (Mr. BISHOP). call attention to the preparation that into the history-making realm by introducing Mr. BISHOP. Madam Speaker, I is under way presently for the largest National Guard troops into active component thank the gentlewoman for yielding me mobilization of Indiana’s National combat forces, as well as multinational forces. this time. Guard since World War II. On another level, for Texas, the knowledge Madam Speaker, the National Guard In the spring of 2004, the 38th Infan- that the 49th ‘‘Lone Star’’ Texas National personnel that are deployed in Bosnia try Division Headquarters, based in Guard Armored Division in Bosnia was ush- are preventing widespread violence east central Indiana, will deploy to ering in a new era of the composition of ac- that could quickly reoccur if they were Bosnia to run the Task Force Eagle tive-duty military personnel has made patriots not there to serve their country in the Headquarters there and supervise all in the state extremely proud. However inevi- cause of humanity. Every American U.S. military operations. Hopefully, table it was, with over half of the Army’s owes them a deep debt of gratitude. this 2004 mission will be the super- strength in the Guard and reserves, the deci- They left their families, their homes, vising of the final leg of our mission in sion nevertheless opened a new era for the their careers behind to join our NATO that region. population of our armed forces.

VerDate 19-JUN-2001 02:04 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K19JN7.022 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3223 When the decision was announced, the 49th achieve both goals was to increase our reli- According to the Department of Defense, ‘‘Lone Star’’ National Guard Armored Division ance on our national guard and military re- our NATO partners, and the population in Bos- received an amazing number of calls from the serve units. nia, one cannot tell the difference between the active components offering help in training. For years, national guard and reserve units National Guardsmen, and the soldiers of the The easy relationship between these com- were thought of safe as ways to fulfill military active component. rades in arms is the foundation for the suc- service obligations or collect a little extra By any measure, our National Guard per- cess of the mission and for future successes money every month. For decades that was sonnel have performed extremely well, com- in deployments. It also debunks the theory true. Each drilling reservist or national guards- pleting vital missions and bringing critical, and that there is a rivalry between the active com- man reported for duty one weekend a month in some cases unique, skills to this operation. ponents and the Guard or reserves. and two weeks per year, and that was all we Operations in the Balkans are proof that our South Texas has a proud tradition of military asked of them. That whole concept of being a reserve forces cannot be viewed as low pri- and military support. This mission of the 49th reservist changed during the 1990s, a decade ority units for manpower, equipment, and fund- ‘‘Lone Star’’ Division was no different. All ele- in which our reserve and guard units were ing. ments of the 49th ‘‘Lone Star’’ Division were called to active duty time and time again in- That is a luxury we cannot afford. deployed through the Port of Corpus Christi, cluding places such as the Middle East, Africa, H. Con. Res. 154 is a reminder to all of us which was designated as a strategic sealift and of course Bosnia. in this body, to all the leaders in the Pentagon, seaport in 1998. South Texas watched this Every time we as a nation call up a reserve and to all Americans that the National Guard history happening from the front row. We sup- unit, the vast majority of the members of that is critical to the defense of this nation, and we ported the 49th at the outset of their mission, unit are pulled away from their families and must support our reserve component forces if we applauded them at its conclusion, and we jobs here in the United States. In addition to we hope to be victorious in the future. recognized the historic nature of the deploy- the personal sacrifices these individuals make, I urge my colleagues to adopt this resolu- ments of the Guard and reserves to front lines often times there is a monetary sacrifice as tion. of our country’s military deployments over- well. With everything we ask of our reserve Mr. GREEN of Texas. Madam Speaker, I seas. and national guard personnel, they truly do rise in support of the resolution. I would like to South Texas support the National Guard deserve special recognition, and I am pleased thank the gentleman from Georgia who intro- and the reserves, we understand their commit- to stand before our nation today and say duced this legislation for this opportunity to ment to our national security, and we thank thank you. honor the commitment and courage of the them for their service to our nation. We honor To every member of a national guard unit, Army National Guard units that continue to their sacrifice, realize their critical importance to every reservist, to their families, and to serve as part of the NATO peacekeeping to the country and we support providing the every employer who hires or employs a mem- forces in Bosnia. necessary resources to ensure their continued ber of a guard or reserve unit, I say thank you In April of 2000, during our Easter recess, I readiness condition. for your support of our nation. As the only had the opportunity to visit the soldiers of the I thank my colleagues for their work on this super-power, the United States is expected to 49th ‘‘Lone Star’’ Armored Division of the resolution. provide leadership in distant locations through- Texas National Guard, during their tour of duty Mr. CHAMBLISS. Madam Speaker, I sup- out the world. We have done this unilaterally, in Bosnia. port this resolution to honor our National and as members of multi-national forces. This unit recorded a first in Army history, as Guard troops in Bosnia. Especially the men When the nation has called, our citizen-sol- it was the first time that a National Guard divi- and women of Georgia’s 48th Brigade now diers have responded and continue to re- sion headquarters was the command and con- serving in Bosnia. Georgia’s National Guard spond. We all owe them a debt of gratitude, trol element of active duty component forces has a long and cherished military history dat- and again I say thank you. as well as multinational forces. These Texas ing back as far as the 1730’s. From helping to Mr. BUYER. Madam Speaker, I rise in citizen-soldiers acquitted themselves with secure American independence, to the Span- strong support of H. Con. Res 154, honoring honor and proved that the Guard is a reliable ish American War to World War I and II, to National Guard Combat units deployed in sup- part of our armed forces. Korea, Vietnam, and the Persian Gulf, Geor- port of operations in Bosnia. The soldiers in these units aren’t the only gia’s National Guard has played an important I know the commitments and sacrifice that ones who deserve recognition. These men role in protecting the defending American in- the citizen soldiers and their families must and women would not be able to serve without terests around the world. make in supporting the defense of this great the sacrifices made by their families, who do From the headquarters and part of the nation. without a spouse or parent, or their employers, 148th Forward Support Battalion in Macon to I have done my share of traveling and I who lose the service of a valued employee, for the 2nd Battalion of Company A of the 121st have visited with my fellow soldiers in the Na- the length of their tour. Infantry based in Moultrie and Valdosta, the tional Guard, both in my congressional capac- This mission underscores the value of the 48th Infantry Brigade (Mechanized) continues ity and in my Reserve capacity. National Guard and Reserve to the security of to honor its past by proudly serving in Bosnia. As such, I am well aware how the National the United States. As members of Congress, The men and women of the 48th have spent Guard contributes to national security. we recognize the benefit of the National Guard months undergoing extensive training and Believe me, it is a story that needs to be and Reserve and I hope that we will recognize preparation for this deployment. They have put shared with hometown USA, and more impor- the needs of these units so that they can con- their jobs and family lives on hold and all told tantly, with Members of Congress. tinue to be an effective component of our will have been away from their homes and Today’s National Guard is an essential com- armed services. families for almost a year. ponent of the Total Force. Mr. BEREUTER. Madam Speaker, this Today, we say thank you to the families and No longer a force in reserve; the National Member rises to express support for H. Con. employers for their sacrifices in supporting our Guard is integral to all operations today. Res. 154, recognizing the role of Army Na- National Guard. And we say thank you and In fact, it is a force in readiness. tional Guard combat units operating in Bosnia. God bless you to the citizen soldiers who are Because the military today cannot perform The distinguished gentleman from Georgia doing such an outstanding job to support U.S. its missions without the support and aug- (Mr. COLLINS) is to be commended for intro- peacekeeping efforts in the Balkans. mentation of the National Guard, it is being ducing this legislation which also recognizes Mr. FALEOMAVAEGA. Madam Speaker, I used more frequently, and to a greater extent the sacrifices of reservists’ families during ar- rise today in support of House Concurrent than ever before. duous deployments. Resolution 154, a resolution honoring the con- Since we started sending soldiers to Bosnia Additionally, this Member wishes to use this tinued commitment of the Army National in 1995, the National Guard has assumed an occasion to recognize the crucial role Army Guard combat units deployed in Bosnia and every increasing role in that deployment. National Guard support units play in NATO recognizing the sacrifices made by these In fact, the Bosnia operation marks a pivotal peacekeeping missions. Simply, the Army Na- units. point in this nation’s military history. tional Guard combat units cannot perform their Madam Speaker, as our country moved It marks the first time that a National Guard overseas duties without the assistance of sup- away from the cold war, we made a conscious division headquarters served as the command port units. For example, the 24th Medical decision to lower the size of our active duty and control element of Active Army compo- Company, which is based in this Member’s forces. At the same time, as a matter of pol- nent and multi-national forces in the Post Cold district and is comprised of reservists from Ne- icy, we maintained our goal of fighting two si- War. braska and Kansas, deployed to Bosnia in multaneous wars. The only way we could This is truly remarkable! 1999. During its deployment, the company

VerDate 19-JUN-2001 03:18 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A19JN7.015 pfrm01 PsN: H19PT1 H3224 CONGRESSIONAL RECORD — HOUSE June 19, 2001 provided key medical assistance for NATO (1) Congress recognizes the historical sig- an opportunity for all Americans to forces. In one instance, the company even nificance of Juneteenth Independence Day, learn more about our common past and found itself rescuing a combat unit which an important date in the Nation’s history, to better understand the experiences and encourages the continued celebration of found itself trapped in a minefield. To avoid that have shaped our great Nation. this day to provide an opportunity for all I urge all Members to approve the detonation of the mines, the combat unit stood people of the United States to learn more on the hood of its vehicle as the 24th Medical about the past and to better understand the resolution. Company lowered its helicopter and whisked experiences that have shaped the Nation; and Madam Speaker, I reserve the bal- the other unit to safety. Support units often are (2) it is the sense of Congress that— ance of my time. placed into precarious situations and are de- (A) history be regarded as a means for un- Mr. DAVIS of Illinois. Madam Speak- serving of recognition for their efforts beyond derstanding the past and solving the chal- er, I yield myself such time as I may their routine duties. lenges of the future; and consume. Madam Speaker, legislation such as H. (B) the celebration of the end of slavery is Madam Speaker, I first of all want to an important and enriching part of the his- congratulate the gentleman from Okla- Con. Res. 154 offers Congress an opportunity tory and heritage of the United States. to reaffirm the important role of all National homa (Mr. WATTS), and I am pleased to The SPEAKER pro tempore. Pursu- join with him in introducing this reso- Guard combat and support such units in each ant to the rule, the gentleman from lution and bringing it to the floor for of the armed services. Ms. SANCHEZ. Madam Speaker, I Connecticut (Mr. SHAYS) and the gen- quick action. I am pleased to be an original cospon- yield back the balance of my time. tleman from Illinois (Mr. DAVIS) each Mr. THORNBERRY. Madam Speaker, will control 20 minutes. sor of House Concurrent Resolution I yield back the balance of my time. The Chair recognizes the gentleman 163, particularly today, Juneteenth The SPEAKER pro tempore (Mrs. from Connecticut (Mr. SHAYS). Independence Day. On January 1, 1863, BIGGERT). The question is on the mo- GENERAL LEAVE President Abraham Lincoln issued the tion offered by the gentleman from Mr. SHAYS. Madam Speaker, I ask Emancipation Proclamation freeing the slaves of the southern States that Texas (Mr. THORNBERRY) that the unanimous consent that all Members House suspend the rules and agree to may have 5 legislative days within had seceded from the Union. However, it was not until June 19, the concurrent resolution, H. Con. Res. which to revise and extend their re- 1865, that the Union soldiers, led by 154. marks on House Concurrent Resolution Major General Gordon Granger, landed The question was taken. 163. at Galveston, Texas, with the news The SPEAKER pro tempore. In the The SPEAKER pro tempore. Is there that the war had ended and that all opinion of the Chair, two-thirds of objection to the request of the gen- those present have voted in the affirm- slaves were now free. tleman from Connecticut? The reaction to the news ranged from ative. There was no objection. shock to immediate jubilation. June Mr. THORNBERRY. Madam Speaker, Mr. SHAYS. Madam Speaker, I yield 19th, coined Juneteenth, became a time on that I demand the yeas and nays. myself such time as I may consume. for former slaves to pray and to gather The yeas and nays were ordered. Madam Speaker, I rise in strong sup- together with remaining family mem- The SPEAKER pro tempore. Pursu- port of House Concurrent Resolution ant to clause 8 of rule XX and the bers. Education, self-improvement, and 163, and commend the gentleman from prayer services were and still are a Chair’s prior announcement, further Oklahoma (Mr. WATTS) and the gen- proceedings on this motion will be major part of Juneteenth celebrations. tleman from Illinois (Mr. DAVIS) for Though Texas is the only State to de- postponed. sponsoring this important resolution. clare June 19 a legal holiday, it is cele- f The resolution recognizes the historic brated in communities throughout the RECOGNIZING HISTORICAL SIG- significance of Juneteenth Independ- country. Juneteenth celebrations are a NIFICANCE OF JUNETEENTH ence Day, and encourages its continued tribute to all Americans who fought to INDEPENDENCE DAY celebration so all Americans can learn end slavery and who work hard for so- more about our past. cial and racial equality. It is an appro- Mr. SHAYS. Madam Speaker, I move The resolution also expresses the to suspend the rules and agree to the priate holiday to precede Independence sense of Congress that knowing our Day on July 4. The promise of justice concurrent resolution (H. Con. Res. 163) history helps us understand our past recognizing the historical significance and equality contained within the Dec- and solve challenges we face in the fu- laration of Independence and the of Juneteenth Independence Day and ture, and it expresses the sense of Con- expressing the sense of Congress that United States Constitution were real- gress that the celebration of the end of ized on this day for many people in history be regarded as a means of un- slavery is an important and enriching derstanding the past and solving the 1865. part of the history and heritage of the Today marks the 136th celebration of challenges of the future, as amended. United States. The Clerk read as follows: Juneteenth, which was originally hand- Madam Speaker, Juneteenth has long ed down through the old tradition, H. CON. RES. 163 been recognized as the day to celebrate from generation to generation, and fi- Whereas news of the end of slavery did not the end of slavery in the United States. nally formally honored for the first reach frontier areas of the country until long Juneteenth is the traditional celebra- after the conclusion of the Civil War, espe- time in Texas in 1972. cially in the Southwestern United States; tion of the day on which the last slaves Juneteenth is indeed a time to reflect Whereas the African Americans who had in America were freed. on and honor those who suffered the been slaves in the Southwest thereafter cele- Although slavery was abolished offi- tragedy of slavery in America. It is brated June 19, known as Juneteenth Inde- cially in 1863, it took over 2 years for also a time to appreciate the social, po- pendence Day, as the anniversary of their news of freedom to spread to all slaves. litical, educational, and economic pos- emancipation; On June 19th, 1865, U.S. General Gor- sibilities afforded by social and racial Whereas these African Americans handed don Granger rode into Galveston, equality. In short, Juneteenth for down that tradition from generation to gen- Texas and announced that the State’s many African Americans represents eration as an inspiration and encouragement for future generations; 200,000 slaves were free. Vowing never what the Fourth of July means for Whereas Juneteenth Independence Day to forget the date, the former slaves mainstream America: a celebration of celebrations have thus been held for 136 coined the nickname Juneteenth, a the promise of freedom. years to honor the memory of all those who blend of the words June and 19th, actu- As I listened this morning to my fa- endured slavery and especially those who ally today. This holiday originated in vorite radio station, WVON, to talk moved from slavery to freedom; and the Southwest, but today it is cele- show host Cliff Kelly, my former col- Whereas the faith and strength of char- brated throughout the Nation. league from the Chicago City Council, acter shown by these former slaves remains This resolution underscores that the as Cliff was engaging callers in an example for all people of the United States, regardless of background, region, or observance of Juneteenth Independence Juneteenth and the meaning of it, all race: Now, therefore, be it Day is an important and enriching part of the calls were indeed positive and Resolved by the House of Representatives (the of our country’s history and heritage. represented the idea that celebration Senate concurring), That— The celebration of Juneteenth provides was appropriate for this day.

VerDate 19-JUN-2001 03:18 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.020 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3225 So I want to commend radio station I appreciate the work of my good Let Resolution 163 be the beginning WVON for its efforts. I also want to friend, the gentleman from Con- of the end of the last great form of congratulate and commend State Rep- necticut (Mr. SHAYS), who is managing overt and deliberate discrimination in resentative Monique Davis, who has in- the bill, who has always stood for prin- our country, the discrimination that troduced legislation in the Illinois ciples of equal opportunity, and the stops a man or stops a woman on the General Assembly. This resolution rec- gentleman from Oklahoma (Mr. street only because that person is ognizes Juneteenth Day as a day that WATTS) for his leadership in bringing black. If my colleagues are willing to all of America can celebrate freedom, forward this bill, as well. vote for this resolution, I hope my col- and recognize that being free, spir- Madam Speaker, I am not sure how leagues will vote to give it meaning itually, physically, socially, finan- to approach Juneteenth. It is a date when the racial profiling provisions cially, educationally, and profes- fraught with poignancy and sym- come to the floor. sionally is meaningful. bolism, poignancy because it is not the Mr. DAVIS of Illinois. Madam Speak- So for this reason, I urge all of my date on which the slaves were emanci- er, I yield 4 minutes to the gentleman colleagues to support House Concur- pated. That was January 1, 1863. It was from Maryland (Mr. WYNN). rent Resolution 163. simply the date that the good news fi- Mr. WYNN. Madam Speaker, I thank Madam Speaker, I reserve the bal- nally made its way into Texas; some the gentleman from Illinois (Mr. ance of my time. say by conspiracy, some say just be- DAVIS) for yielding me the time. Mr. SHAYS. Madam Speaker, I yield cause they did not get there and some- Madam Speaker, let me begin by of- such time as he may consume to our body was waylaid. fering my congratulations and com- distinguished leader, the gentleman In any case, it was a cause for great mendations to the gentleman from Illi- from Oklahoma (Mr. WATTS). celebration. If one learned 21⁄2 years nois (Mr. DAVIS), as well as to the gen- Mr. WATTS of Oklahoma. Madam late that slaves had been emancipated tleman from Oklahoma (Mr. WATTS), Speaker, I thank my colleague, the by the Emancipation Proclamation, my Republican colleague, for their gentleman from Connecticut, for yield- that is to say, by executive order, one leadership in bringing this matter to ing time to me. had every reason to celebrate. our attention; but for their efforts, Madam Speaker, when General Gor- We are not here this afternoon to cel- Juneteenth might be a little-noticed don Granger arrived in Galveston, ebrate. This date is fraught with sym- footnote in American history. Texas, on this day 136 years ago, slaves bolism as well because the news of the That certainly should not be the were given notice that they were free. civil rights laws has not reached all case, because, while it is not recognized Even though President Abraham Lin- who need to hear it in America. I speak on a par with the Declaration of Inde- coln’s Emancipation Proclamation had as a former chair of the Equal Employ- pendence, the Emancipation Proclama- the effect of law on the first day of ment Opportunity Commission, where I tion is like the Declaration of Inde- 1863, his executive order was not in had hands-on experience, up close, to pendence, part of our tradition and pas- force to even communicate it in some see what enforcement takes, and as a sion for freedom in the United States. parts of our Nation. Member of Congress to see what we It is a very interesting episode in our The celebrations on the evening of still have to do now. history, and I find myself fascinated by June 19, 1865, were filled with singing it, that Abraham Lincoln, through ex- 1530 and feasting. After so much injustice, b ecutive order, declared the Emanci- the last vestige of slavery had been Nobody who celebrated her emanci- pation Proclamation on January 1, eradicated and the United States was pation on June 19, 1865, would want us 1863; but somehow the word did not get truly a land where, as our Declaration to do anything but make this not a to slaves in Texas until 21⁄2 years later, of Independence declared, all men are cause of celebration, not even a cause on June 19, 1865. created equal; that they are endowed for commemoration, but a cause for There are lots of stories as to what by their Creator with certain inalien- combustion, to get the news out to happened. There is some that say that able rights; that among these are life, those in the administration, to employ- the original messenger was murdered. liberty, and the pursuit of happiness. ers and to Americans throughout our There are others who say the Union Juneteenth is a day of celebration country, that the civil rights laws are soldiers who had the message thought and of learning. We should rejoice in not only in the books but they need that they would hold off so the slave the great land that we all call America strong enforcement. owners could get in another season’s and give thanks for our freedom, and Indeed, Madam Speaker, we need new worth of planting and reaping before know that there were days when that laws as well. I have introduced a racial the word went out that slavery was to freedom was not enjoyed by all of her profiling bill that I hope will be part of be no more. citizens. the transportation bill coming forward Whatever the case was, on June 19, The resolution we are considering next year. The gentleman from Michi- 1865, Major General Jordan Granger led today recognizes Juneteenth and en- gan (Mr. CONYERS) is also preparing a Union troops into Galveston, Texas, courages Americans to learn from our racial profiling bill. and announced that, in fact, slavery past so we may better prepare for our These bills indicate that there is real had come to an end; and now the rela- future. It celebrates the achievements unfinished work even on putting laws tionship between the former slaves and of all Americans, no matter if they are on the books. It takes us back to the the former masters was going to be red, yellow, brown, black, or white, and 1960s. We thought we had at least put that of employer and free laborer. offers us an opportunity to reflect on the laws on the books then. Racial As you might imagine, some of the how one country saw slavery and free- profiling is overt, deliberate, looking newly freed slaves did not wait around dom within the course of our relatively in your face, you are black, you are to negotiate a labor agreement on this short existence as a nation in this Hispanic, you do not look like me, you subject. They immediately left their world. are under arrest or at least I-am-stop- plantations, their formers owners and I thank my colleagues for their sup- ping-you discrimination. That is the headed north, as well as to other parts port on this Juneteenth resolution, and kind of discrimination this is. of the country where they had family, I urge passage of this legislation. We cannot let $250 billion go out of to begin their new lives. Mr. DAVIS of Illinois. Madam Speak- this House next year, unless there is a There were many who did stay er, I yield 3 minutes to the gentle- provision that says you cannot get this around to talk about it, and out of that woman from the District of Columbia money unless you have laws barring ra- experience evolved what we have come (Ms. NORTON). cial profiling, unless you enforce them to call Juneteenth, the celebration of Ms. NORTON. Madam Speaker, I very and unless you keep racial statistics. the Emancipation Proclamation. It ar- much appreciate that the gentleman Look, if we reduce Juneteenth to a rived out of a rural tradition of a fam- from Illinois has yielded me this time, moment of nostalgia, we trivialize its ily gathering, of picnics and barbeques and I appreciate his work on this and importance. Our country was 21⁄2 weeks and, generally, a notion that this is a so many bills of importance to the Af- late getting to the slaves in Texas. We great thing, this freedom, that we are rican American community and to our are 21⁄2 centuries late taking care of very pleased to be a part of it and let country. this business called discrimination. us take advantage of it.

VerDate 19-JUN-2001 03:18 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.027 pfrm01 PsN: H19PT1 H3226 CONGRESSIONAL RECORD — HOUSE June 19, 2001 It also evolved into an opportunity to Union troops who brought news of the Madam Speaker, yes, the Supreme focus on questions of education and Emancipation Proclamation to Gal- Court made a decision and Dred Scott, self-improvement which was really veston, Texas. in that decision, was overturned in what freedom from slavery was all I find it to be a testament of the 1862, actually, 3 years before exactly to about, an opportunity to get education strength and growth of our great Na- the day of Juneteenth; sometimes the and, most importantly, an opportunity tion that on January 1, 1980, in the Supreme Court needs to be corrected to express that freedom through self- same State that the last slaves were by the Congress of the United States. improvement. freed, Juneteenth became an official The Emancipation Proclamation re- Today we do have a celebration State holiday through the efforts of Al ceives its national appreciation, its called Juneteenth to mark that his- Edwards, an African American Texas rightful appreciation as the gateway to toric occasion. This occasion, however, State legislator. freedom for African Americans; but it does reflect forward to events that hap- The successful passage of this bill took a Civil War and the 13th amend- pen today in America. You can say in marked Juneteenth as the first eman- ment to the United States to formally the case of Juneteenth, things do not cipation celebration to be granted offi- outlaw slavery. always work the way they were in- cial State recognition. That Emancipation Proclamation re- Today’s resolution clearly states tended, a message arrived 21⁄2 years sulted in millions of slaves throughout late. that history should be regarded as a the country who were unaffected by Recently in Florida, things did not means of understanding the past and the provisions of the proclamation; and work the way they were intended, and solving the challenges of the future. as my colleagues have already heard, you have to excuse the African Amer- Juneteenth reminds us that we must word traveled very slowly. ican community if we are a little bit continue to challenge the American Madam Speaker, this is indeed a cele- skeptical. We consider there to have conscience and strive to create civil bration, but time for us to reflect on been great disenfranchisement, and equality for all of our brothers and sis- what this meant. Juneteenth serves as things did not work the way they ters. Racism and inequality, distrust a historical milestone reminding all should have. People who were eligible and misunderstanding often continue people of the triumph of the human to vote were denied an opportunity to to divide us as a Nation. spirit over the cruelty of slavery. Our efforts will not be finished until I think we should all take a moment vote to a significant degree. social justice prevails and all of our not only to recognize the moral bank- Madam Speaker, out of Juneteenth children can contemplate ‘‘a Nation ruptcy of slavery, but also to celebrate comes not just skepticism, it comes where they will not be judged by the the achievements of those living in hope, because the newly freed slaves color of their skin, but by the content such inhumane conditions; and despite had hoped that they would be full par- of their character.’’ the rigors of slavery, African Ameri- ticipants in America. And despite the Today, it is important that we also cans contributed everything from agri- difficulties that we have seen in the promote the celebration of Juneteenth cultural inventions and medical break- Florida in the past election, we are in our communities. Last night in my throughs to music. They have contrib- moving forward with hope that an elec- district, Montgomery County, Mary- uted a legacy of culture, of language, toral reform bill will come out of this land, Juneteenth committee members religion, a lesson of survival. Congress, which will make sure that Laura Anderson Wright, Russ Camp- Ralph Ellison, who I believe is one of things that did not go the way they bell, Tina Clark, Wilbert Givens, Dory the great writers of the 20th century, should have will go the right way in Hackey, Richard Myles, Shirley Small he was an African American and fre- the future. Rogeau, and Gail Street held a celebra- quently misunderstood. The genius of Juneteenth is not just a celebration tion, which they had organized, that blacks, of black culture, was not in of what happened. It is also an impor- began with a tour at the Sandy Spring race, he wrote, but in human beings tant milestone in our American history Maryland Slave Museum and African who bore the race. Blood and skin do and a marker for our future conduct. It Art Gallery, whose president and not think. joins many other cultural celebrations, founder was there, Dr. Winston Ander- There were demonic conscious and Cinco de Mayo, St. Patrick’s Day, the son. The ceremony concluded at the unconscious dehumanizing acts against Chinese New Year, as a part of our di- Ross Body Community Center in the blacks, no question about it; but the verse American quilt. historic town of Sandy Spring, Mary- progress and opportunity for blacks in It is an important occasion, an occa- land. America could not depend on white op- sion for great celebration, the emanci- Madam Speaker, I want to commend pressors changing their behavior and pation of the slaves in America. I am these committee members for their changing their mind as much as it delighted to be a part of this celebra- dedication and hard work for such a would depend on individuals under- tion; and again, I thank the sponsors. noble cause. standing and believing in their own Mr. SHAYS. Madam Speaker, I yield Madam Speaker, I urge my col- God-given resources. such time as she may consume to the leagues to ensure that Juneteenth is very capable gentlewoman from Mary- celebrated in their home districts and b 1545 land (Mrs. MORELLA). to support this resolution on the 136th Ellison believed that to believe solely Mrs. MORELLA. Madam Speaker, I anniversary of the emancipation. in the idea that white oppression deter- thank the very distinguished gen- I thank the gentleman from Con- mined the freedom of blacks was to tleman from Connecticut (Mr. SHAYS) necticut (Mr. SHAYS) for his generosity minimize the power of each black per- for yielding me such time. in yielding me such time as I have con- son and it would make redemption de- Madam Speaker, I rise in strong sup- sumed. pend upon how it was treated. We do port of H. Con. Res. 163, which cele- Mr. DAVIS of Illinois. Madam Speak- not accept that any longer. This was a brates Juneteenth, the oldest known er, I yield 6 minutes to the very pas- perspective. The outskirts of society celebration of the end of slavery. I sionate gentleman from New Jersey, allowed him to run point on its great- want to commend the two authors of (Mr. PASCRELL). est ideals while grieving over its great- this resolution, the gentleman from Mr. PASCRELL. Madam Speaker, est failures. Oklahoma (Mr. WATTS) and the gen- two great Americans sponsored this He argued against the idea that there tleman from Illinois (Mr. DAVIS), for resolution, the gentleman from Okla- existed a required mode of racial anger. introducing this resolution. homa (Mr. WATTS) and the gentleman There were, he contended, many pos- Though the abolishment of slavery from Illinois (Mr. DAVIS). I am proud to sible responses to injustice. He wrote and Confederate States had become of- be associated with both of them. there was even an American Negro tra- ficial more than 2 years earlier in 1863, Juneteenth, but also the name of a dition which abhors as obscene any it had little impact on Texans, because great book written by what I consider trading on one’s own anguish for gain there were no Union troops to enforce one of the great authors of the 20th or sympathy. Powerful words. Powerful the new edict. century, Ralph Ellison, who wrote the words in our own society now. It was not until June 19, 1865, that ‘‘Invisible Man,’’ often misunderstood, We have decided for the most part the final group of slaves were freed by often derided. that each black person in our society is

VerDate 19-JUN-2001 03:18 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.028 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3227 an incarnation, someone wrote that, of think all of us are so proud to be Amer- the period of reconstruction. And I his race, and as Edward Rothstein icans, but it is a work in process. The want to commend Lerone Bennett, wrote, being battered about by both freedoms that were guaranteed under Senior Editor of Ebony Magazine, for blacks and whites who impose their vi- the Emancipation Proclamation and the research and writings and work sions of racial identity. Lincoln freed under the General Order Number 3 are that he has done. the slaves. Ellison would say only that still unfolding. Finally, it was never brought to my slaves could free slaves, so that their It is an exciting time to be an Amer- attention more than last weekend, fate and the fate of every black Amer- ican, and I just am grateful to have the while driving to St. Louis to partici- ican cannot depend on anyone else. In- opportunity to work with my col- pate in a function with the gentleman dividuality is a creative force within leagues on both sides of the aisle to from Missouri (Mr. CLAY), when my fa- each person. Part of our birth, part of serve our country and to serve our ther and I, who is 89 years old, after the our heritage, and at best the body poli- great people of all races. activity was able to interact with my tic can protect but never create. No Madam Speaker, I yield the balance uncle, who is 96 years old. Fortunately civil rights law, no Supreme Court de- of my time to the gentleman from Illi- for both of them, they still have their cision, and no presidential order can nois (Mr. DAVIS). wits and they still can recall things undo what is in me. The SPEAKER pro tempore. The gen- and they are both functional. They I thank Ralph Ellison for giving us tleman from Illinois (Mr. DAVIS) is rec- were discussing the period of their our great history and understanding, ognized. boyhoods and the fact that their grand- and on this great day of Juneteenth we Mr. DAVIS of Illinois. Madam Speak- parents were slaves; that my father’s celebrate the freedom of all of us. God er, I yield myself such time as I may mother’s parents were slaves; that my bless America. consume, and first let me thank the mother’s mother’s parents were slaves. The SPEAKER pro tempore (Mrs. gentleman from Connecticut (Mr. I am amazed at how much progress BIGGERT) The gentleman from Con- SHAYS) for his graciousness and for his they made during the period of recon- necticut (Mr. SHAYS) has 121⁄2 minutes support of this resolution. There is not struction without formal education, remaining, the gentleman from Illinois a more esteemed Member of this body without a great deal of learning but (Mr. DAVIS) has 21⁄2 minutes remaining. with more graciousness than the gen- using the experiences of their previous Mr. SHAYS. Madam Speaker, I know tleman from Connecticut, and I want conditions to help build a new Amer- we have the right to close, but I would him to know that we appreciate him. ica. So Juneteenth recommends and be happy to use my time and then yield I also, Madam Speaker, want to recognizes not only the past but the the balance of my time to the gen- again congratulate the gentleman from presence and speaks to the future. So I tleman from Illinois (Mr. DAVIS) if he Oklahoma (Mr. WATTS) for the role would urge all of my colleagues to sup- would like to close this debate. that he has played in not only intro- port it and would once again thank all Madam Speaker, I yield myself the ducing but moving this resolution to of those who have helped to bring it to balance of my time and commend the the floor. I also want to thank the the floor on this day. gentleman from Oklahoma (Mr. chairman of the full committee, the Mr. HORN. Madam Speaker, I rise today to WATTS) and the gentleman from Illi- gentleman from Indiana (Mr. BURTON), recognize the importance of June 19, 2001, as nois (Mr. DAVIS) for introducing this and the Speaker of the House, the gen- Juneteenth Independence Day. I am pleased resolution. I also thank the gentleman tleman from Illinois (Mr. HASTERT), for that House Concurrent Resolution 163 passed from Indiana (Mr. BURTON), chairman making sure that there was an oppor- earlier today, recognizes the significance of the Committee on Government Re- tunity to discuss this resolution on the Juneteenth Independence Day and the impor- form, the gentleman from Florida (Mr. floor of the House on this day, June tance of understanding our history and apply- SCARBOROUGH), chairman of the Sub- 19th, Juneteenth Day. ing those lessons to our futures. committee on Civil Service and Agency Madam Speaker, I know the gentle- On January 1, 1863, President Abraham Organization, as well as the ranking woman from North Carolina (Mrs. Lincoln delivered the Emancipation Proclama- members of the full committee and CLAYTON) had planned to be here and to tion freeing slaves across this country. Unfor- subcommittees, the gentleman from speak on the resolution. Unfortu- tunately, the Emancipation Proclamation had California (Mr. WAXMAN) and the gen- nately, she was unable to do so. very little impact on Texas slaves where the tleman from Illinois Mr. DAVIS), for ex- I think this resolution speaks to news of the new freedom was deliberately pediting consideration of the resolu- America, some of its paradoxes, some withheld by the enslavers to maintain the labor tion. of its problems; the recognition that forces on their plantations. Obviously, I urge all Members to sup- even as slaves were freed, there were On June 19, 1865, more than two years port this resolution. I was reading the over 800,000 who did not know it, and after the Emancipation Proclamation was de- Emancipation Proclamation during there are people who would say that livered, General Gordon Granger arrived in part of this debate, and while I will not there are many people in our country Galveston, Texas informing those still read it at this time, let me just say today who do not know some of the enslaved that they were now free. General that it is a powerful piece. And when freedoms that exist. There are many Granger’s first order of business was to read read in conjunction with General people in our country who do not know to the people General Order Number 3, which Granger’s General Order Number 3, this that they have an opportunity to seri- states, ‘‘The people of Texas are informed that paragraph, I can imagine what the im- ously impact upon all of the public pol- in accordance with a Proclamation from the pact must have been. General Granger icy decisions that are made in our Executive of the United States, all slaves are comes into Galveston and he reads the great Nation. free. This involves an absolute equality of following: ‘‘The people of Texas are in- As we look at the tremendous docu- rights and rights of property between former formed that, in accordance with the ments that we have seen evolved, and masters and slaves, and connection here- Proclamation of the Executive of the as we recognize what they really tofore existing between them becomes that United States, all slaves are freed. This meant, they really meant that there is between employer and free laborer.’’ involves an absolute equality of the opportunity to always be in pursuit Today, we recognize the 136th anniversary rights,’’ he continued, ‘‘and rights of of freedom of equality, of justice, of of Juneteenth. Across America hundreds of property between former masters and equal opportunity. It also means that celebrations are held to commemorate this im- slaves, and the connection heretofore we are not there yet. But as long as portant occasion. In my district, the Rock existing between them becomes that there is movement towards the goal, House Church International held a Juneteenth between employer and free laborer.’’ then there is hope and possibility for Jubilee at Recreation Park in Long Beach, It is a powerful piece and, obviously, America. There is the hope that Amer- California this past Saturday. This celebration Americans have much to be grateful ica can become the America that it has served as a time for the community to gather for. We can be very proud of our coun- not been but the America that we all and celebrate the freedoms all enjoy today. try that, in spite of all the terrible know that it can be. This event concluded with Leon Patillo signing things that may have occurred during I also want to point out that this res- the national anthem at the Long Beach Break- parts of our history, we are a Nation olution provides an opportunity for us ers baseball game. A fitting conclusion to the that moves forward, not backwards. I to take a look at a part of our history, Juneteenth Jubilee.

VerDate 19-JUN-2001 03:18 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\K19JN7.037 pfrm01 PsN: H19PT1 H3228 CONGRESSIONAL RECORD — HOUSE June 19, 2001 Juneteenth was given official holiday status Nation’s history. Festivities remembering celebration delineates the importance of Afri- in Texas in 1980. Juneteenth has traditionally Juneteenth provide the opportunity for all can American history all over the United been celebrated in Texas and other bordering Americans to a gain a deeper understanding States. In my district, a small town called states, such as Louisiana and Arkansas. I of those events that have shaped our nation’s Princeville reaps the benefit of Juneteenth thank Congressman Watts of Oklahoma for in- identity and the issues that continue to touch Day. Princeville, the nation’s oldest black char- troducing House Concurrent Resolution 163 so many of our lives. Texas may have been tered town was incorporated in February 1885 and expanding recognition of this event to a late in receiving the news, but they were the by the North Carolina General Assembly. The national celebration. Bringing this legislation to first to acknowledge the importance of this town of Princeville began as a small village of the floor today helps to bring awareness of day, making it a state holiday over twenty newly freed slaves who were trying to obtain Juneteenth to all corners of this country. years ago. We, as a nation, should follow suit their ‘‘day of jubilee.’’ These slaves fought with Americans should use this historical milestone and pay tribute to this important day in Amer- grace to have something that they could call to remind us of the triumph of freedom over ican history. their own. the cruelty of slavery. Mr. HONDA. Madam Speaker, I rise today Juneteenth Independence Day completes Mr. LARSON of Connecticut. Madam to celebrate Juneteenth. Juneteenth is a com- the cycle of what we recognize as true democ- Speaker, I rise today to show my strong sup- memoration of the acknowledgment by African racy. The memories and history of that glo- port for the recognition of the day that slavery slaves in Galveston, Texas, on June 19, 1865, rious day in June of 1865, has motivated Afri- in the United States came to an end. June 19, of their newfound freedom. It is also a celebra- can Americans as a people to continue to fight 1865 was coined as ‘‘Juneteenth Independ- tion of the opportunity for African Americans to for equality for all. At this very moment, black ence Day,’’ for the newly freed slaves of the be free to express self-improvement and to voters in the state of Virginia have been Southwest when they finally learned of the gain more knowledge. This freedom was moved by this day to get out and vote. Thirteenth Amendment that legally abolished granted to all those in the United States of Af- June 19th represents TRUE JUSTICE and slavery, which was passed in January of 1863. rican decent by the Emancipation Proclama- TRUE FREEDOM. Let us not forget the impor- This delay of vital news as delayed by the tion in 1863. Unfortunately, in some parts of tance that this day has impressed upon our dawdling relay of information across the coun- the country, news of the Proclamation did not history both past and present. try in that day. reach people in a timely manner. In fact, it Ms. LEE. Madam Speaker, I rise today to Since that day of emancipation, the de- took two years to get word out to African commemorate a celebration of freedom known scendants of slaves in the Southwest view this slaves in Texas that their freedom had been as Juneteenth. In cities across the country, day as the anniversary of the end of a tragic granted. Although word was given to the thousands of Americans—people of all nation- period in our nation’s history. It is known that slaves late, we must remember that it is never alities, races and religions—are assembling to the dishonor, suffering and brutality of slavery too late to join the effort to fight against racism rejoice and reflect upon a milestone in Amer- cannot be erased, but the memory and feeling around the world. ican history—the official end of slavery. can provide reassurance that such inhumanity Some in this nation may not want to recall Celebration of Juneteenth, June 19, as should never again take part in the United the atrocities of our past, however, we must Emancipation Day began in 1865 when Texan States of America. not forget our history. While this nation has a slaves were finally notified of their freedom Madam Speaker, Juneteenth Independence great legacy to be proud of, we must also re- from the shackles of slavery. Prior to June 19, Day is historically significant for not only those member the mistakes of our past and learn 1985, rumors of slavery were widespread; races subject to discrimination, but also for from them. Today, we cannot act as if nothing however, emancipation was not granted to every freedom-loving American. It is a date is wrong when negative assumptions are Texan slaves until General Gordon Granger that marked the development of equality, made about an individual because of the color issued an order in Galveston, Texas declaring equal opportunity, and unity in the United of his or her skin. freedom for all slaves—some two years after States. I urge all of my fellow Members to vote The question that still remains is how do we President Lincoln signed the Emancipation with me in support of this bill that provides a move forward. A few months from now, South Proclamation. When Texan slaves were finally means for both understanding the past and Africa will play host to what will be the third given the news, a spirit of jubilee spread solving the challenges of the future. World Conference Against Racism. This event Mr. RANGEL. Madam Speaker, I rise today is scheduled to take place in Durban, South throughout the community as they prayed, to urge the Congress to recognize the historic Africa August 31st to September 7th 2001. As sang and danced in celebration of their free- significance of Juneteenth Independence Day. a nation, our participation in this conference is dom. Newly freed slaves left the homes of On July 4, 1776, many Americans celebrated vital. As citizens of the United States of Amer- slave-owners and immediately searched for their first independence day. However, we ica, we all want to see our country moving for- family members and economic opportunities. must not forget that on this day, the ancestors ward stronger than ever. By supporting this Some simply chose to relish in their freedom. of African Americans were not included in this conference, we can make an effort to moving As a native Texan myself, I feel so strongly celebration. They were slaves. In 1841, Fred- this country, as well as the world in the right about the importance of Juneteenth and its erick Douglas said that from an American direction. legacy today. slave’s perspective, July 4th ‘‘reveals to him, I believe strongly that this day, June 19th is Although many place significance on the un- more than all other days in the year, the gross not only a celebration for African Americans, timely manner in which the news was deliv- injustice and cruelty to which he is the con- but also a celebration for our country as a ered, reflecting upon the triumph and perse- stant victim.’’ It would be almost ninety years whole. It represents all of the hardships that verance of the human spirit captures the true before all Americans would finally celebrate African Americans had to go through in help- essence of the Juneteenth celebration. their freedom. ing construct this country and finally getting Juneteenth honors those African-Americans On June 19, 1865, two and a half years freedom and respect for the hardships they who travailed and survived the institution of after President Lincoln issued the Emanci- endured. As a citizen of this great country, I slavery, thus encouraging free generations of pation Proclamation and two months after the feel that it is America’s duty to come together African-Americans to take pride in the legacy conclusion of the Civil War, Major General in showing respect to our fellow Americans on of perseverance and strength they left behind. Gordon Granger arrived in Galveston, Texas this day. As the popularity of Juneteenth grows both to announce that all slaves in the United Mrs. CLAYTON. Madam Speaker, I rise in nationally and globally, people from all races, States were free. This day, known as recognition of Juneteenth Independence Day nationalities and creeds and realizing that Juneteenth, signified the end of slavery across that represents the end of slavery in the Juneteenth is not only synonymous with slav- America and marked the independence of Afri- South. On January 1, 1863, Abraham Lin- ery. Juneteenth represents an acknowledg- can Americans. coln’s Emancipation Proclamation freed all ment of a period in our history that shaped What began as a celebration in Texas has slaves. However, it was not until two and a and continues to influence our society today. grown into a nationwide remembrance of one half years later that all states were freed from Mr. DAVIS of Illinois. Madam Speak- of the most significant events in our country’s bondage. Since that day on June 19, 1865, er, I yield back the balance of my time. history. Today, Juneteenth festivities bring Af- descendants of slaves have celebrated The SPEAKER pro tempore. The rican American communities across the coun- Juneteenth day. This celebration commemo- question is on the motion offered by try together to honor and remember the strug- rates the struggles, dignity, and vision of a the gentleman from Connecticut (Mr. gle of our ancestors and rejoice in our free- people who have rendered their lives for this SHAYS) that the House suspend the dom. great nation. rules and agree to the concurrent reso- This historic day also recognizes the impor- Although, Juneteenth Independence Day lution, H. Con. Res. 163, as amended. tance of furthering the knowledge of our great originated in Galveston, Texas, this day of The question was taken.

VerDate 19-JUN-2001 04:24 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.022 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3229 The SPEAKER pro tempore. In the H. RES. 169 The resolution was agreed to. opinion of the Chair, two-thirds of Resolved, That the following named Mem- A motion to reconsider was laid on those present have voted in the affirm- ber be, and is hereby, elected to the fol- the table. ative. lowing standing committee of the House of Mr. SHAYS. Madam Speaker, on that Representatives: f I demand the yeas and nays. Committee on Rules: Mr. McGovern of Massachusetts. ANNOUNCEMENT BY THE SPEAKER The yeas and nays were ordered. PRO TEMPORE The SPEAKER pro tempore. Pursu- The resolution was agreed to. ant to clause 8 of rule XX and the A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- Chair’s prior announcement, further the table. ant to clause 8 of rule XX, the Chair proceedings on this motion will be f will now put the question on motions postponed. to suspend the rules on which further RESIGNATION AS MEMBER OF proceedings were postponed earlier f COMMITTEE ON RULES today. RECESS The SPEAKER pro tempore laid be- Votes will be taken in the following fore the House the following resigna- order: The SPEAKER pro tempore. Pursu- tion as a member of the Committee on H.R. 1291, by the yeas and nays; ant to clause 12 of rule I, the Chair de- Rules: H. Con. Res. 154, by the yeas and clares the House in recess until ap- HOUSE OF REPRESENTATIVES, nays; and proximately 6 p.m. Washington, DC, June 19, 2001. H. Con. Res. 163, by the yeas and Accordingly (at 3 o’clock and 56 min- Hon. DENNIS HASTERT, nays. utes p.m.), the House stood in recess Speaker of the House, The Chair will reduce to 5 minutes until approximately 6 p.m. House of Representatives, Washington, DC the time for any electronic vote after DEAR MR. SPEAKER, I hereby resign from f the House Committee on Rules. the first such vote in this series. b 1807 Sincerely, f JAMES P. MCGOVERN, AFTER RECESS Member of Congress. 21ST CENTURY MONTGOMERY GI The recess having expired, the House The SPEAKER pro tempore. Without BILL ENHANCEMENT ACT was called to order by the Speaker pro objection, the resignation is accepted. The SPEAKER pro tempore. The tempore (Mrs. BIGGERT) at 6 o’clock There was no objection. pending business is the question of sus- and 7 minutes p.m. f pending the rules and passing the bill, f RESIGNATION AS MEMBER OF H.R. 1291. COMMITTEE ON INTERNATIONAL The Clerk read the title of the bill. REPORT ON H.R. 2216, SUPPLE- RELATIONS The SPEAKER pro tempore. The MENTAL APPROPRIATIONS FOR question is on the motion offered by FISCAL YEAR 2001 The SPEAKER pro tempore laid be- the gentleman from New Jersey (Mr. fore the House the following resigna- Mr. YOUNG of Florida, from the SMITH) that the House suspend the tion as a member of the Committee on Committee on Appropriations, sub- rules and pass the bill, H.R. 1291, on International Relations: mitted a privileged report (Rept. No. which the yeas and nays are ordered. 107–102) on the bill (H.R. 2216) making HOUSE OF REPRESENTATIVES, The vote was taken by electronic de- supplemental appropriations for the Washington, DC, June 19, 2001. vice, and there were—yeas 416, nays 0, Hon. J. DENNIS HASTERT, fiscal year ending September 30, 2001, Speaker of the House of Representatives, answered ‘‘present’’ 1, not voting 15, as and for other purposes, which was re- Washington, DC. follows: ferred to the Union Calendar and or- DEAR MR. SPEAKER: As I have been ap- [Roll No. 166] dered to be printed. pointed to the House Rules Committee effec- YEAS—416 tive today, I hereby resign my seat as a The SPEAKER pro tempore. Pursu- Abercrombie Brady (PA) Davis (CA) ant to clause 1, rule XXI, all points of Member of the House International Rela- Ackerman Brady (TX) Davis (FL) order are reserved on the bill. tions Committee. Aderholt Brown (FL) Davis (IL) As always, I appreciate your support and Akin Brown (OH) Davis, Jo Ann f friendship. Allen Brown (SC) Deal Warmly, Andrews Bryant DeFazio REPORT ON H.R. 2217, DEPART- ALCEE L. HASTINGS, Armey Burr DeGette MENT OF INTERIOR AND RE- Member of Congress. Baca Burton Delahunt LATED AGENCIES APPROPRIA- Bachus Buyer DeLauro The SPEAKER pro tempore. Without Baird Callahan DeLay TIONS, FISCAL YEAR 2002 objection, the resignation is accepted. Baker Calvert DeMint Mr. SKEEN, from the Committee on Baldacci Camp Deutsch There was no objection. Baldwin Cantor Diaz-Balart Appropriations, submitted a privileged f Ballenger Capito Dicks report (Rept. No. 107–103) on the bill Barcia Capps Dingell (H.R. 2217) making appropriations for ELECTION OF MEMBERS TO CER- Barr Capuano Doggett the Department of the Interior and re- TAIN STANDING COMMITTEES OF Barrett Cardin Dooley THE HOUSE Bartlett Carson (IN) Doolittle lated agencies for the fiscal year end- Barton Carson (OK) Doyle ing September 30, 2002 and for other Mr. FROST. Madam Speaker, by di- Bass Castle Dreier purposes, which was referred to the rection of the Democratic Caucus, I Becerra Chabot Duncan Bentsen Chambliss Dunn Union Calendar and ordered to be offer a privileged resolution (H. Res. Bereuter Clay Edwards printed. 170) and ask for its immediate consider- Berkley Clayton Ehlers The SPEAKER pro tempore. Pursu- ation. Berman Clement Ehrlich Berry Clyburn Emerson ant to clause 1, rule XXI, all points of The Clerk read the resolution, as fol- Biggert Coble Engel order are reserved on the bill. lows: Bilirakis Collins Eshoo H. RES. 170 Bishop Combest Etheridge f Blagojevich Condit Evans Resolved, That the following named Mem- Blumenauer Conyers Everett ELECTION OF MEMBER TO bers be, and are hereby, elected to the fol- Blunt Cooksey Farr COMMITTEE ON RULES lowing standing committees of the House of Boehlert Costello Fattah Representatives: Boehner Coyne Ferguson Mr. FROST. Madam Speaker, by di- Bonilla Cramer Flake rection of the Democrat Caucus, I offer Committee on Rules: Mr. Hastings of Flor- ida; Bonior Crane Fletcher Bono Crenshaw Foley a privileged resolution (H. Res. 169) and Committee on International Relations: ask for its immediate consideration. Borski Crowley Ford Mrs. Watson of California. Boswell Culberson Fossella The Clerk read the resolution, as fol- Committee on Government Reform: Mrs. Boucher Cummings Frank lows: Watson of California. Boyd Cunningham Frelinghuysen

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.040 pfrm01 PsN: H19PT1 H3230 CONGRESSIONAL RECORD — HOUSE June 19, 2001 Frost Lewis (KY) Roukema ANSWERED ‘‘PRESENT’’—1 Bentsen Foley Leach Gallegly Linder Roybal-Allard Bereuter Ford Lee Filner Ganske Lipinski Royce Berkley Fossella Levin Gekas LoBiondo Rush NOT VOTING—15 Berman Frank Lewis (CA) Gilchrest Lofgren Ryan (WI) Berry Frelinghuysen Lewis (GA) Gillmor Lowey Ryun (KS) Cannon Gephardt Obey Biggert Frost Lewis (KY) Gilman Lucas (KY) Sabo Cox Gibbons Peterson (PA) Bilirakis Gallegly Linder Gonzalez Lucas (OK) Sanchez Cubin Hinchey Sanders Bishop Ganske Lipinski Goode Luther Sandlin Davis, Tom Jones (OH) Scott Blagojevich Gekas LoBiondo Goodlatte Maloney (CT) Sawyer English McCarthy (MO) Sweeney Blumenauer Gilchrest Lofgren Gordon Maloney (NY) Saxton Blunt Gillmor Lowey Goss Manzullo Scarborough b 1834 Boehlert Gilman Lucas (KY) Graham Markey Schaffer So (two-thirds having voted in favor Boehner Gonzalez Lucas (OK) Granger Mascara Schakowsky Bonilla Goode Luther Graves Matheson Schiff thereof) the rules were suspended and Bonior Goodlatte Maloney (CT) Green (TX) Matsui Schrock the bill was passed. Bono Gordon Maloney (NY) Green (WI) McCarthy (NY) Sensenbrenner The result of the vote was announced Borski Goss Markey Greenwood McCollum Serrano as above recorded. Boswell Graham Mascara Grucci McCrery Sessions Boucher Granger Matheson Gutierrez McDermott Shadegg A motion to reconsider was laid on Boyd Graves Matsui Gutknecht McGovern Shaw the table. Brady (PA) Green (TX) McCarthy (NY) Hall (OH) McHugh Shays Stated for: Brady (TX) Green (WI) McCollum Hall (TX) McInnis Sherman Brown (FL) Greenwood McCrery C Hansen McIntyre Sherwood Ms. M CARTHY of Missouri. Madam Brown (OH) Grucci McDermott Harman McKeon Shimkus Speaker, on rollcall No. 166 passage of H.R. Brown (SC) Gutierrez McGovern Hart McKinney Shows 1291, I was detained in my district attending Bryant Gutknecht McHugh Shuster Burr Hall (OH) McInnis Hastings (FL) McNulty the funeral service of a distinguished civic Hastings (WA) Meehan Simmons Burton Hall (TX) McIntyre Hayes Meek (FL) Simpson leader, Kenneth Krakauer. Had I been Buyer Hansen McKeon Hayworth Meeks (NY) Skeen present, I would have voted ‘‘yea.’’ Callahan Harman McKinney Hefley Menendez Skelton Calvert Hart McNulty Slaughter Camp Hastings (FL) Meehan Herger Mica f Smith (MI) Cantor Hastings (WA) Meek (FL) Hill Millender- Smith (NJ) Capito Hayes Meeks (NY) Hilleary McDonald ANNOUNCEMENT BY THE SPEAKER Smith (TX) Capps Hayworth Menendez Hilliard Miller (FL) PRO TEMPORE Smith (WA) Capuano Hefley Mica Hinojosa Miller, Gary Snyder Cardin Herger Millender- Hobson Miller, George The SPEAKER pro tempore (Mrs. Solis Carson (IN) Hill McDonald Hoeffel Mink BIGGERT). Pursuant to clause 8 of rule Souder Carson (OK) Hilleary Miller (FL) Hoekstra Mollohan Spence XX, the Chair will reduce to 5 minutes Castle Hilliard Miller, Gary Holden Moore Spratt the minimum time for electronic vot- Chabot Hinojosa Miller, George Holt Moran (KS) Stark Chambliss Hobson Mink Moran (VA) ing on each additional motion to sus- Honda Stearns Clay Hoeffel Mollohan Hooley Morella Stenholm pend the rules on which the Chair has Clayton Hoekstra Moore Horn Murtha Strickland postponed further proceedings. Clement Holden Moran (KS) Hostettler Myrick Stump Clyburn Holt Moran (VA) Houghton Nadler Stupak f Coble Honda Morella Hoyer Napolitano Sununu Collins Hooley Murtha Hulshof Neal Tancredo ANNOUNCEMENT BY THE SPEAKER Combest Horn Myrick Hunter Nethercutt Tanner PRO TEMPORE Condit Hostettler Nadler Hutchinson Ney Tauscher Conyers Houghton Napolitano Hyde Northup Tauzin The SPEAKER pro tempore. The Cooksey Hoyer Neal Inslee Norwood Taylor (MS) Chair has been advised by the Clerk Costello Hulshof Nethercutt Isakson Nussle Taylor (NC) that a small number of the electronic Coyne Hunter Ney Israel Oberstar Terry Cramer Hutchinson Northup Issa Olver Thomas voting stations are not operative. Crane Hyde Norwood Istook Ortiz Thompson (CA) Those stations are marked, but Mem- Crenshaw Inslee Nussle Jackson (IL) Osborne Thompson (MS) bers nevertheless should take care to Crowley Isakson Oberstar Jackson-Lee Ose Thornberry confirm their votes. Culberson Israel Olver (TX) Otter Thune Cummings Issa Ortiz Jefferson Owens Thurman f Cunningham Istook Osborne Jenkins Oxley Tiahrt Davis (CA) Jackson (IL) Ose John Pallone Tiberi HONORING ARMY NATIONAL Davis (FL) Jackson-Lee Otter Johnson (CT) Pascrell Tierney Davis (IL) (TX) Owens Johnson (IL) Pastor Toomey GUARD COMBAT UNITS DE- Davis, Jo Ann Jefferson Oxley Johnson, E. B. Paul Towns PLOYED IN SUPPORT OF ARMY Deal Jenkins Pallone Johnson, Sam Payne Traficant OPERATIONS IN BOSNIA DeFazio John Pascrell Jones (NC) Pelosi Turner DeGette Johnson (CT) Pastor Kanjorski Pence Udall (CO) The SPEAKER pro tempore. The Delahunt Johnson (IL) Paul Kaptur Peterson (MN) Udall (NM) pending business is the question of sus- DeLauro Johnson, E. B. Payne Keller Petri Upton pending the rules and agreeing to the DeLay Johnson, Sam Pelosi Kelly Phelps Velazquez DeMint Jones (NC) Pence Kennedy (MN) Pickering Visclosky concurrent resolution, H. Con. Res. 154. Deutsch Kanjorski Peterson (MN) Kennedy (RI) Pitts Vitter The Clerk read the title of the con- Diaz-Balart Kaptur Petri Kerns Platts Walden current resolution. Dicks Keller Phelps Kildee Pombo Walsh Dingell Kelly Pickering Kilpatrick Pomeroy Wamp The SPEAKER pro tempore. The Doggett Kennedy (MN) Pitts Kind (WI) Portman Waters question is on the motion offered by Dooley Kennedy (RI) Platts King (NY) Price (NC) Watkins (OK) the gentleman from Texas (Mr. THORN- Doolittle Kerns Pombo Kingston Pryce (OH) Watson (CA) BERRY) that the House suspend the Doyle Kildee Pomeroy Kirk Putnam Watt (NC) Dreier Kilpatrick Portman Kleczka Quinn Watts (OK) rules and agree to the concurrent reso- Duncan Kind (WI) Price (NC) Knollenberg Radanovich Waxman lution, H. Con. Res. 154, on which the Dunn King (NY) Pryce (OH) Kolbe Rahall Weiner yeas and nays are ordered. Edwards Kingston Putnam Kucinich Ramstad Weldon (FL) Ehlers Kirk Quinn LaFalce Rangel Weldon (PA) This will be a 5-minute vote. Ehrlich Kleczka Radanovich LaHood Regula Weller The vote was taken by electronic de- Emerson Knollenberg Rahall Lampson Rehberg Wexler vice, and there were—yeas 417, nays 0, Engel Kolbe Ramstad Langevin Reyes Whitfield not voting 15, as follows: English Kucinich Rangel Lantos Reynolds Wicker Eshoo LaFalce Regula Largent Riley Wilson [Roll No. 167] Etheridge LaHood Rehberg Larsen (WA) Rivers Wolf YEAS—417 Evans Lampson Reyes Larson (CT) Rodriguez Woolsey Everett Langevin Reynolds Latham Roemer Wu Abercrombie Baca Barcia Farr Lantos Riley LaTourette Rogers (KY) Wynn Ackerman Bachus Barr Fattah Largent Rivers Leach Rogers (MI) Young (AK) Aderholt Baird Barrett Ferguson Larsen (WA) Rodriguez Lee Rohrabacher Young (FL) Akin Baker Bartlett Filner Larson (CT) Roemer Levin Ros-Lehtinen Allen Baldacci Barton Flake Latham Rogers (KY) Lewis (CA) Ross Andrews Baldwin Bass Fletcher LaTourette Rogers (MI) Lewis (GA) Rothman Armey Ballenger Becerra

VerDate 19-JUN-2001 04:24 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.032 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3231 Rohrabacher Skeen Toomey Barr Farr Largent Roemer Simmons Tiberi Ros-Lehtinen Skelton Towns Barrett Fattah Larsen (WA) Rogers (KY) Simpson Tierney Ross Slaughter Traficant Bartlett Ferguson Larson (CT) Rogers (MI) Skeen Toomey Rothman Smith (MI) Turner Barton Filner Latham Rohrabacher Skelton Towns Roukema Smith (NJ) Udall (CO) Bass Flake LaTourette Ros-Lehtinen Slaughter Traficant Roybal-Allard Smith (TX) Udall (NM) Becerra Fletcher Leach Ross Smith (MI) Turner Royce Snyder Upton Bentsen Foley Lee Rothman Smith (NJ) Udall (CO) Rush Solis Velazquez Bereuter Ford Levin Roukema Smith (TX) Udall (NM) Ryan (WI) Souder Visclosky Berkley Fossella Lewis (CA) Roybal-Allard Smith (WA) Upton Ryun (KS) Spence Vitter Berman Frank Lewis (GA) Royce Snyder Velazquez Sabo Spratt Walden Berry Frelinghuysen Lewis (KY) Rush Solis Visclosky Sanchez Stark Walsh Biggert Frost Linder Ryan (WI) Souder Vitter Sanders Stearns Wamp Bilirakis Gallegly Lipinski Ryun (KS) Spence Walden Sandlin Stenholm Waters Bishop Ganske LoBiondo Sabo Spratt Walsh Sawyer Strickland Watkins (OK) Blagojevich Gekas Lofgren Sanchez Stark Wamp Saxton Stump Watson (CA) Blumenauer Gilchrest Lowey Sanders Stearns Waters Scarborough Stupak Watt (NC) Blunt Gillmor Lucas (KY) Sandlin Stenholm Watkins (OK) Schaffer Sununu Watts (OK) Boehlert Gilman Lucas (OK) Sawyer Strickland Watson (CA) Schakowsky Tancredo Waxman Boehner Gonzalez Luther Saxton Stump Watt (NC) Schiff Tanner Weiner Bonilla Goode Maloney (CT) Scarborough Stupak Watts (OK) Schrock Tauscher Weldon (FL) Bonior Goodlatte Maloney (NY) Schaffer Sununu Waxman Sensenbrenner Tauzin Weldon (PA) Bono Gordon Manzullo Schakowsky Tancredo Weiner Serrano Taylor (MS) Weller Borski Goss Markey Schiff Tanner Weldon (FL) Sessions Taylor (NC) Wexler Boswell Graham Mascara Schrock Tauscher Weldon (PA) Shadegg Terry Whitfield Boucher Granger Matheson Sensenbrenner Tauzin Weller Shaw Thomas Wicker Boyd Graves Matsui Serrano Taylor (MS) Wexler Shays Thompson (CA) Wilson Brady (PA) Green (TX) McCarthy (NY) Sessions Taylor (NC) Whitfield Sherman Thompson (MS) Wolf Brady (TX) Green (WI) McCollum Shadegg Terry Wicker Sherwood Thornberry Woolsey Brown (FL) Greenwood McCrery Shaw Thomas Wilson Shimkus Thune Wu Brown (OH) Grucci McDermott Shays Thompson (CA) Wolf Shows Thurman Wynn Brown (SC) Gutierrez McGovern Sherman Thompson (MS) Woolsey Shuster Tiahrt Young (AK) Sherwood Thornberry Wu Bryant Gutknecht McHugh Simmons Tiberi Young (FL) Shimkus Thune Wynn Burr Hall (OH) McInnis Simpson Tierney Shows Thurman Young (AK) Burton Hall (TX) McIntyre Shuster Tiahrt Young (FL) NOT VOTING—15 Buyer Hansen McKeon Callahan Harman McKinney NOT VOTING—17 Cannon Gibbons Obey Calvert Hart McNulty Cox Hinchey Peterson (PA) Camp Hastings (FL) Meehan Cannon Hinchey Obey Cox Hutchinson Peterson (PA) Cubin Jones (OH) Scott Cantor Hastings (WA) Meek (FL) Cubin Jones (OH) Radanovich Davis, Tom Manzullo Smith (WA) Capito Hayes Meeks (NY) Davis, Tom McCarthy (MO) Scott Gephardt McCarthy (MO) Sweeney Capps Hayworth Menendez Gephardt Murtha Sweeney Capuano Hefley Mica Gibbons Myrick b 1845 Cardin Herger Millender- So (two-thirds having voted in favor Carson (IN) Hill McDonald b 1855 thereof) the rules were suspended and Carson (OK) Hilleary Miller (FL) Castle Hilliard Miller, Gary So the concurrent resolution was the concurrent resolution was agreed Chabot Hinojosa Miller, George agreed to. to. Chambliss Hobson Mink The result of the vote was announced The result of the vote was announced Clay Hoeffel Mollohan Clayton Hoekstra Moore as above recorded. as above recorded. Clement Holden Moran (KS) A motion to reconsider was laid on A motion to reconsider was laid on Clyburn Holt Moran (VA) the table. the table. Coble Honda Morella Stated for: Ms. MCCARTHY of Missouri. Madam Collins Hooley Nadler Combest Horn Napolitano Ms. MCCARTHY of Missouri. Madam Speaker, on rollcall No. 167, agreeing to H. Condit Hostettler Neal Speaker, on rollcall No. 168, agreeing to H. Con. Res. 154, I was detained in my district Conyers Houghton Nethercutt Con. Res. 163, I was detained in my district attending the funeral service of a distinguished Cooksey Hoyer Ney Costello Hulshof Northup attending the funeral service of a distinguished civic leader, Kenneth Krakauer. Had I been Coyne Hunter Norwood civic leader, Kenneth Krakauer. Had I been present, I would have voted ‘‘yea.’’ Cramer Hyde Nussle present, I would have voted ‘‘yea.’’ Crane Inslee Oberstar f Crenshaw Isakson Olver f Crowley Israel Ortiz PERSONAL EXPLANATION RECOGNIZING HISTORICAL SIG- Culberson Issa Osborne NIFICANCE OF JUNETEENTH Cummings Istook Ose Mr. GIBBONS. Madam Speaker, due to a INDEPENDENCE DAY Cunningham Jackson (IL) Otter flight delay from my district, I was unavoidably Davis (CA) Jackson-Lee Owens The SPEAKER pro tempore. The Davis (FL) (TX) Oxley detained from casting a vote on rollcall No. pending business is the question of sus- Davis (IL) Jefferson Pallone 166, rollcall No. 167, and rollcall No. 168. Had pending the rules and agreeing to the Davis, Jo Ann Jenkins Pascrell I been able to take a position, I would have Deal John Pastor voted in favor of all three rollcalls. concurrent resolution, H. Con. Res. 163, DeFazio Johnson (CT) Paul as amended. DeGette Johnson (IL) Payne f The Clerk read the title of the con- Delahunt Johnson, E. B. Pelosi DeLauro Johnson, Sam Pence REMOVAL OF NAME OF MEMBER current resolution. DeLay Jones (NC) Peterson (MN) AS COSPONSOR OF H.R. 877 The SPEAKER pro tempore. The DeMint Kanjorski Petri question is on the motion offered by Deutsch Kaptur Phelps Mr. SAXTON. Madam Speaker, I ask the gentleman from Connecticut (Mr. Diaz-Balart Keller Pickering unanimous consent to withdraw my Dicks Kelly Pitts SHAYS) that the House suspend the name as a cosponsor of H.R. 877. Dingell Kennedy (MN) Platts The SPEAKER pro tempore (Mrs. rules and agree to the concurrent reso- Doggett Kennedy (RI) Pombo lution, H. Con. Res. 163, as amended, on Dooley Kerns Pomeroy BIGGERT). Is there objection to the re- which the yeas and nays are ordered. Doolittle Kildee Portman quest of the gentleman from New Jer- Doyle Kilpatrick Price (NC) sey? This will be a 5-minute vote. Dreier Kind (WI) Pryce (OH) The vote was taken by electronic de- Duncan King (NY) Putnam There was no objection. vice, and there were—yeas 415, nays 0, Dunn Kingston Quinn f Edwards Kirk Rahall not voting 17, as follows: Ehlers Kleczka Ramstad REMOVAL OF NAMES OF MEM- [Roll No. 168] Ehrlich Knollenberg Rangel BERS AS COSPONSORS OF H.R. Emerson Kolbe Regula 2172 AND H.R. 2118 YEAS—415 Engel Kucinich Rehberg Abercrombie Andrews Baker English LaFalce Reyes Mr. GREENWOOD. Madam Speaker, Ackerman Armey Baldacci Eshoo LaHood Reynolds on Thursday last week, June 14, 2001, Aderholt Baca Baldwin Etheridge Lampson Riley Akin Bachus Ballenger Evans Langevin Rivers the following cosponsors were incor- Allen Baird Barcia Everett Lantos Rodriguez rectly added to H.R. 2172, and I ask

VerDate 19-JUN-2001 04:24 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.034 pfrm01 PsN: H19PT1 H3232 CONGRESSIONAL RECORD — HOUSE June 19, 2001 unanimous consent that they be re- students. This legislation has bipar- their infrastructure power. They can- moved at this time: tisan support and cosponsors, and also not have a 25 percent increase in de- FRANK WOLF support from a number of higher edu- mand and only increase the supply 6 MAJOR OWENS cation organizations. percent. It is as if Governor Davis has CAROLYN MCCARTHY I urge the House to bring up this leg- the key to the power that they need for FRANK PALLONE islation in the near future. hospitals, for schools, for learning, for RICHARD NEAL. f lights, and even the gasoline for going Also, the following cosponsors were places in one’s car. It is like he has the incorrectly added to H.R. 2118, and I HOPE SCHOLARSHIP REFORM BILL key to it and he is throwing it away so ask unanimous consent that they be (Mr. MCGOVERN asked and was that the lowly working folks, in his removed at this time: given permission to address the House opinion, the middle class, cannot func- HENRY WAXMAN for 1 minute and to revise and extend tion. MARTIN FROST. his remarks. Madam Speaker, I would say, let the The SPEAKER pro tempore. Is there Mr. MCGOVERN. Madam Speaker, I key go and open up the supply, Gov- objection to the request of the gen- am proud to join with the gentleman ernor Davis. tleman from Pennsylvania? from Michigan (Mr. CAMP) in intro- f There was no objection. ducing the HOPE Scholarship reform SPECIAL ORDERS f bill. In April, the Institute for Higher The SPEAKER pro tempore (Mr. MAKING IN ORDER MOTIONS TO Education Policy issued a report, JOHNSON of Illinois). Under the Speak- SUSPEND THE RULES ON ‘‘Rhetoric and Reality: Effects and er’s announced policy of January 3, WEDNESDAY, JUNE 20, 2001 Consequence of the HOPE Scholar- 2001, and under a previous order of the Mr. GREENWOOD. Madam Speaker, I ship.’’ The report concluded, quite sim- House, the following Members will be ask unanimous consent that it be in ply, that low-income students and stu- recognized for 5 minutes each. order at any time on the legislative dents from low-income families do not f day of Wednesday, June 20, 2001, for the qualify for the HOPE Scholarship. CHANGES IN MANAGEMENT OF Speaker to entertain motions that the It stated that if educational costs to House suspend the rules relating to the MISSOURI RIVER WILL LEAD TO the student beyond tuition and fees FLOODING, ECONOMIC DEVASTA- following measures: S. 1029, H. Res. 124, could be considered for the HOPE H. Res. 168, H.R. 1753, H.R. 819, and S. TION, AND UNSAFE ENVIRON- Scholarship, and if low-income stu- MENT FOR COMMUNITIES Con. Res. 41. dents were not penalized for receiving The SPEAKER pro tempore. Is there other grants, then more low-income The SPEAKER pro tempore. Under a objection to the request of the gen- students could enjoy the full benefit of previous order of the House, the gen- tleman from Pennsylvania? the HOPE Scholarship. tleman from Missouri (Mr. HULSHOF) is There was no objection. Our bill addresses these exact issues. recognized for 5 minutes. f Our bill ensures that students are not Mr. HULSHOF. Mr. Speaker, as a Na- penalized for receiving Pell Grants or tion, we are fond of looking back over IMPROVING THE HOPE our country’s relatively short history SCHOLARSHIP TAX CREDIT SEOG grants. It also ensures that the costs of required fees, books, supplies and commemorating noteworthy (Mr. CAMP asked and was given per- and equipment can be included as part events. For instance, in a few short mission to address the House for 1 of the eligible HOPE Scholarship ex- years, in 2004, our country will be cele- minute and to revise and extend his re- penses. Our bill expands access to high- brating the bicentennial anniversary of marks.) er education, it expands opportunity to the Lewis and Clark expedition. Some Mr. CAMP. Madam Speaker, the pas- higher education, and it expands the will take that opportunity and look sage of the Taxpayer Relief Act of 1997 affordability of higher education. back with nostalgia and wistfully wish contained a signature initiative, the Madam Speaker, I urge my col- that we could turn the clock back and HOPE Scholarship Tax Credit. The leagues to support the HOPE Scholar- restore the great Missouri River to its HOPE Scholarship provides annual ship reform bill. natural condition of 200 years ago. scholarship benefits to students. How- Indeed, Mr. Speaker, some strong po- f ever, many of the students who need litical activists, including the newly the most help do not benefit from the CALIFORNIA ENERGY PROBLEMS minted Senate majority leader, have program. THE FAULT OF CALIFORNIA been forcefully advocating for a change The gentleman from Massachusetts (Mr. KINGSTON asked and was given in the management of the Missouri (Mr. MCGOVERN) and I are introducing permission to address the House for 1 River. These individuals or entities are legislation that would address these minute and to revise and extend his re- pushing legislation insisting on manip- shortcomings. Currently, the HOPE tax marks.) ulating higher water flows in the credit can be used only for tuition and Mr. KINGSTON. Madam Speaker, spring months, called a spring rise, and some expenses. However, college stu- anybody that gets frustrated with a lower flows in the late summer. Now, dents must pay for much more than utility company, I am completely sym- environmentalists claim that such a just tuition. Our legislation would pathetic with. But I have to stay, I controlled flood is necessary to accom- allow the scholarships to cover re- think it is a little immature of the modate two endangered and one threat- quired fees, books, supplies and equip- Governor of California to continuously ened species. ment. blame power companies for some of Those from the Upper Missouri River Additionally, a student’s eligibility their problems out there. Basin, like the senior Senator from is currently reduced by any other Just think about this: The State of South Dakota, support this plan be- grants they receive. As a result, bene- California in the last 10 years had un- cause it would help the multimillion fits have been limited primarily to precedented prosperity and growth, and dollar recreation industry. Members of middle and upper-middle income tax- during that period of time, they, like this alliance have been reassuring Mis- payers. That explains why fewer than any other growing municipality or en- sourians all along that a controlled one-fifth of all full-time students at- tity, would add new schools, new roads, flood in the springtime will be no big tending community colleges qualify for new hospitals; but when it came time deal, that somehow our concerns on maximum HOPE Scholarship benefits. to approve new power plant construc- the lower river basin are inconsequen- Our legislation would ensure that any tion, oh, no, we cannot do that. tial or invalid. Pell Grants and other grants a student Well, Mr. Speaker, this arrogance is receives are not counted against the b 1900 not just limited to interest groups out- student’s eligibility. We are going to defy the law of sup- side of Washington. I contacted a high- Let us help make the HOPE Scholar- ply and demand. What were they think- level government official in mid-May ship available to community college ing? Grow up. They have to add to regarding continued concerns about

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.053 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3233 flooding, about economic devastation, whelmingly with us over the past 5 and we should all be grateful for their and constituent safety. The reply I got years. In fact, I see my friend from many, many contributions to our soci- from this government official: ‘‘A Iowa here and I applaud his efforts ety. spring rise will only result in some in- today in the House Agricultural Com- Mr. Speaker, as we gather today with convenience.’’ mittee on Appropriations which in- family, friends and neighbors in mark- Well, apparently in the minds of cluded an amendment that would re- ing the tradition of Juneteenth, I ex- some, the habitat of two birds and one strict funding for the Fish and Wildlife tend my warmest wishes for a special fish take precedence over the homes of Service if such spring rise and split celebration, one that we will remem- 22,500 families who live alongside the navigation zones were implemented. ber, and I ask all citizens to renew our Missouri River Basin. I want to tell all of my colleagues in commitment to a nation that stands I want to tell my colleagues, Mr. this House, Mr. Speaker, how deeply for civil justice and opportunity for all Speaker, what has happened over the that we Missourians appreciate the people. last 21⁄2 weeks. On June 1, the Missouri support, especially because of recent Finally, this evening I would like to River was at 13 feet, which is normal. developments in the Senate, and that visit for a few minutes on the issue of Due to heavy rainfall up-river on June we may need their undaunted courage energy. Mr. Speaker, as temperatures the 8, 7 days later, the river stage was in the very near future. across the country heat up and this at an astounding 29 feet. That is a 16 f summer’s travel season begins, our Na- foot rise in elevation a week. Now, for tion finds itself in the midst of an en- those of us unfamiliar with river towns A DISCUSSION OF IMPORTANT ergy crisis like one that has not been or river terminology, flood stage is ISSUES FOR AMERICA seen in 2 decades. While my constitu- when a channel is full and damage be- The SPEAKER pro tempore. Under a ents in south Arkansas have not had to gins to occur. So in these short 7 days, previous order of the House, the gen- face the electricity shortages that the Missouri River went from normal tleman from Arkansas (Mr. ROSS) is California has seen, like all Americans, levels to 8 feet above flood stage. recognized for 5 minutes. they have been strapped by the dra- Now, fortunately not a lot of damage Mr. ROSS. Mr. Speaker, today we matic rise in oil and gas prices. occurred because there is adequate passed a resolution to honor our troops The hardworking families of south structural flood protection that is built in Bosnia. I personally want to thank Arkansas already struggle to make to withstand flows under the current the National Guard troops, our men ends meet. Many of my constituents management plan. But I shudder to and women in uniform. I want to espe- come from poor and rural areas where think what would have happened if the cially recognize them today because they depend on their cars or trucks to proposed controlled flood plan had been they spend time away from their fami- get to and from their jobs, oftentimes in effect, because once the decision is lies and their jobs. traveling many miles, or where they made on the up-river to release water I know this because I have a neighbor have large tractors and equipment to from those up-river reservoirs, it can- in my hometown of Prescott, Arkan- tend to their family farms. When al- not be stopped, and it takes 8 to 10 days sas, Kevin Smith, who is serving to- ready faced with the cost of feeding to finally get down to the point of the night in Bosnia through the National their families, paying their electricity confluence at St. Louis. That man- Guard while his wife remains home, bills, and paying for expensive pre- made spring rise, coupled with the pregnant, and continues to hold down a scription drugs to stay healthy and get heavy rainfall we saw during this 7-day job. Our families make huge sacrifices well, they simply cannot afford these period provided by Mother Nature, so our men and women in the National high gasoline costs. would have been, in my estimation, Guard can serve our country and yes, Mr. Speaker, I believe we must act to economically devastating and poten- serve Bosnia in this time of need and bring these prices down, and we must tially life-threatening. they do so with honor and dignity and do it now. Since this most recent in- While the up-river recreation indus- I want to thank each and every one of crease in gasoline prices began, I, along try would have been congratulating them. with many of my colleagues in Con- themselves, shaking hands and heading This is especially important to me gress, have written letters to energy off to the bank, Missourians would because I have two National Guard Secretary Spencer Abraham as well as have been consoling themselves, hold- units from my district, one from Mag- President Bush asking them to come to ing hands, stranded on top of their nolia and another from Sheridan, that the aid of gasoline consumers by ag- rooftops. are presently serving in Bosnia. My gressively lobbying OPEC, the Organi- To those who would have us return to legislative assistant for military af- zation of Petroleum Exporting Coun- the romantic times of 1804, let me say fairs has been there to visit with the tries, to increase the production of oil that Missouri scientists and biologists troops. I wish I could have gone, but it or, as President Bush suggested last from our own State Department of was at a time when we had votes going year, ‘‘open up their spigots’’ to help Natural Resources believe that a spring on here in our Nation’s capital. So I alleviate this problem, this crisis. rise in the flow of the Missouri River want to thank all of them. I want to Just last March, OPEC decided arbi- would not improve the habitat restora- thank them for this important service trarily to cut oil production by 4 per- tion of the pallid sturgeon, of the least to our country and to Bosnia during cent in the countries that our men and tern, and the piping plover. In fact, ac- this time of need. women in uniform went to serve in cording to the Army Corps of Engi- Today we celebrate Juneteenth, Desert Storm. That is one million bar- neers, the cost to accommodate these something else that is important to me rels a day. three species through changing the that I would like to visit with my col- Mr. Speaker, it is time for OPEC to management of the Missouri River sys- leagues about this evening. On this do right by the American consumers. It tem would be $1 billion over 20 years. date in 1865, Major General Gordon is time for OPEC to do right by the We are already helping species restora- Granger lead his troops into Galveston, consumers of south Arkansas. Increase tion through effective and less costly Texas and officially proclaimed free- production, increase production now. mitigation efforts. dom for slaves for the State of Texas, In addition to pressuring OPEC to increase In addition, if low-summer flows, the concluding a 21⁄2 year journey through production, we must also work with U.S. oil second component of this plan were in- the Deep South. Today I join African producers to increase their dangerously low stituted, commercial navigation would Americans and citizens of all races levels of oil inventories. Our nation lacks the be severely interrupted not only in the across Arkansas, across America, and refinery capacity to keep up with current de- Missouri River, but on the lower Mis- across the world in celebrating mand for oil and gas. We should work to sissippi River region, and hydroelectric Juneteenth in honor of the Emanci- streamline regulatory requirements to facilitate power generation would be lost. pation Proclamation signed by Presi- investment in new refineries and other im- Mr. Speaker, the vast majority of dent Abraham Lincoln and Major Gen- provements to our energy infrastructure, and I Members of this House in Congress eral Granger’s historic journey. Afri- urge the Administration to work with our cur- have agreed with Missourians on this can Americans have played an impor- rent domestic refineries to increase their in- issue. In fact, they have been over- tant role throughout America’s history ventories of refined gasoline.

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K19JN7.056 pfrm01 PsN: H19PT1 H3234 CONGRESSIONAL RECORD — HOUSE June 19, 2001 But we cannot stop there. We need a bal- General Supply Company into a hor- CHANGE IN ENERGY REGULATION anced, proactive national energy policy—one rific scene. POLICY BY THE FEDERAL EN- that serves as an energy plan for the future b 1915 ERGY REGULATORY COMMISSION that not only increases energy production, but COINCIDES WITH SWITCH IN CON- also decreases energy demand. We must By 8 p.m. the fire had been con- TROL OF U.S. SENATE trolled, but at a tragic cost: three fire- work to decrease our dependence on foreign The SPEAKER pro tempore (Mr. fighters lost their lives. Additionally, oil through conservation, renewable energy, JOHNSON of Illinois). Under a previous two civilians and dozens of firefighters and energy efficiency programs. order of the House, the gentleman from were injured. In the short term, we should look at ways to Oregon (Mr. DEFAZIO) is recognized for The three brave men were fire- guard our consumers against potential price 5 minutes. fighters John J. Downing of Port Jef- gouging by the big oil companies. For our Mr. DEFAZIO. Mr. Speaker, 6 months home heating oil consumers, we should also ferson Station, from Ladder Company ago the staff of the Federal Energy look at incentives to encourage consumers to 163; Harry Ford, of Long Beach; and Regulatory Commission found that the make energy efficient improvements to their Brian Fahey of East Rockaway, both of prices being charged for power in the homes, and we must make sure that we fully Rescue 4 unit. western United States were neither fund the Low-Income Home Energy Assist- My constituent, John Downing, just nor reasonable. The law would re- ance Program (LIHEAP). The money we in- leaves his wife of 11 years; a daughter, quire the Federal Energy Regulatory vest in this program will be put right back into Joanne; and a son, Michael. John Commission to then take action to the economy through lower heating and fuel Downing was one of seven children both lower the prices and to order re- bills. from Woodside. He went to elementary bates for market manipulation, price- In May, President Bush announced his Ad- school at St. Sebastian School in gouging, price-fixing that was going ministration’s plan to address our nation’s cur- Woodside, and then to high school in on. rent energy crisis, a plan for that calls for St. Francis Preparatory School in But under the leadership of Mr. major increases in oil and gas production in Fresh Meadows. He later went on to Hebert, chair of the Federal Energy the United States. I agree with the Administra- work in the construction field before Regulatory Commission, appointed by tion that we need to increase production, but becoming a firefighter 11 years ago. President Bush, FERC did nothing. I believe their proposal is a plan for the past John Downing and all three of his They said there was not really a prob- that seems to cater to the big oil companies. brothers gave back to the community lem, this was just the market sending I am disappointed that their plan does not through public service. He and his us a signal. What was the signal? Bil- do more to support programs to increase re- brother Denis both became firefighters, lions of dollars extracted from rate- search and development in new energy tech- Denis Downing now at Ladder Com- payers, residential ratepayers, small nologies that increase conservation and alter- pany 160 in Long Island City, and business and big businesses alike; roll- native and renewable fuel sources to reduce James and Joseph Downing are New ing blackouts and brownouts in Cali- our oil dependence. This may not be an im- York City police officers. fornia; incredibly high wholesale prices mediate answer, but it is certainly important Everyone who knew John called him in the Pacific Northwest, with prices for the long-term as fossil fuel sources dimin- a hero in every sense of the word. up to one hundred times, one hundred ish. Surely, if we can create the technology to Every day he was on the job for the times what was charged just 2 years send a man to the moon, we can develop a past 11 years as a firefighter. John al- ago in the wholesale market. crop that our farmers can grow that can pro- ways gave his all and did his best. But it also meant up to 1,000 percent, vide an efficient and affordable alternative Whether it was in fighting fires or a 1,000 percent increase in profits for a source for fuel. helping young firefighters to learn handful of energy companies, most of Our current energy situation is a com- their job better, everyone in the fire- whom happened to be based in Texas, plicated problem with no easy answers, but it house knew they could count on John. and most of whom happened to be very is of critical importance to the people of south Knowing this, it was no surprise generous contributors both to this ad- Arkansas and across America. The sooner we when firefighter Downing appeared on ministration and to the majority party take action, the sooner we can see results at the front pages of the New York Daily in this House. the pump. I urge my colleagues to support a News 3 years ago. He was pictured on Mr. Hebert said no action was nec- balanced, proactive, and bipartisan solution to the front page as a hero once again, essary, that he would do nothing. At this crisis so that we can bring relief to our rescuing passengers from a commercial one meeting, he opined that he would hard working families. jet that had gone off the runway at pray for us; faith-based regulation, I LaGuardia Airport and into the f guess. But something changed all of a chilling waters of Flushing Bay. sudden; being stonewalled for months A TRIBUTE TO FIREFIGHTER JOHN Firefighting was not John’s entire and months; his own staff saying the J. DOWNING life, though. He was a family man, dot- law was being violated; being sued; The SPEAKER pro tempore. Under a ing over his two children and devoted being petitioned by Members of Con- previous order of the House, the gen- to his wife. In recent weeks he had gress, by constituents, businesses des- tleman from New York (Mr. GRUCCI) is been working a second job to bring his perate for relief. recognized for 5 minutes. family on their first real summer vaca- On Monday they held an emergency Mr. GRUCCI. Mr. Speaker, I rise tion to Ireland, to visit the relatives of meeting. What changed? What could today with a heavy heart to express my his family and his wife’s. Sadly, when have brought that about? Did they fi- deepest sympathies and that of a grate- the alarm for his last fire came, John nally read their own staff reports, fi- ful community to the Downing family was 2 hours away from ending his shift nally recognize the market manipula- and to pay honor and tribute to a true and beginning that vacation. tion? No, what changed is one vote in American hero, firefighter John J. As the alarm went off, John put down the United States Senate. Suddenly, Downing of Port Jefferson Station, the study book he had been reading, there were committees in the Senate New York. preparing to take the exam to become with the capability of investigating On June 17, 2001, John Downing and a lieutenant in the fire department. He what was going on, and they scheduled 350 of his fellow firefighters and numer- grabbed his gear, and with the last full hearings for tomorrow to bring in the ous police officers responded to a 2:19 measure of devotion and commitment, Federal Energy Regulatory Commis- p.m. call to a 911 that sent them to John and his colleagues answered their sion to have the chairman explain how Long Island General Supply Company last call. it is his staff found things to be unjust in Queens, New York. As is always the Today John and his colleagues are in and unreasonable, but he said that case, these brave men and women re- the loving embrace of God. I ask my there was no problem. sponded without reservation and with colleagues to please join me in extend- Under that threat, they have adopted little or no regard for their personal ing our deepest sympathies to the fam- some half measures; better than noth- safety. By 3 p.m., the blaze had gone to ilies of these three brave heroes and in ing, but not much. They are going to 5 alarms, and the fire and explosion recognizing the brave sacrifices of a peg prices to the least efficient, the had turned the 128-year-old Long Island true hero, John J. Downing. most expensive unit, most obsolete

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.041 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3235 generating unit operating. It is better ANGOLA, INDIANA PROVIDES ECO- At Angola High School, they are get- than what has been going on today, NOMIC DEVELOPMENT AND ting things right. I visited their effec- with prices up to $4,000 a megawatt RECREATION OPPORTUNITIES TO tive Safe and Drug-Free Schools pro- hour. Maybe we will get it down to $200 CITIZENS, AND SUCCESSFUL gram. As chairman of the Sub- or $300. That is still ten times what the HIGH SCHOOL SENIOR YEAR EX- committee on Criminal Justice, Drug PERIENCE TO A DIVERSITY OF Policy and Human Resources, it has market provided for just 2 years ago. STUDENTS been frustrating to see a lot of pro- They will extend it across the entire The SPEAKER pro tempore. Under a grams that do not work. This is one western United States, which will offer previous order of the House, the gen- that has worked. They have a great high-tech program some relief to my part of the country tleman from Indiana (Mr. SOUDER) is in the Pacific Northwest. recognized for 5 minutes. which is innovative at the State and national level. They consistently win They did admit the price-gouging and Mr. SOUDER. Mr. Speaker, Angola is a town in my district of 67,000 people in the State music programs over the last market manipulation had gone on and northeast Indiana, and it has become a few years. I am proud that it is in my that refunds were due, but they set up hot zone for economic development, district, but let me give the Members a some sort of voluntary settlement and will become ever more so in the up- couple of examples that illustrate why process to try and extract the billions coming years. and what I mean by this. of dollars back from these Texas-based Obviously, a hard-working work force The principal was quoted in this arti- energy conglomerates. is important, but that has been there cle, and the article reiterates that the since the founding. Interstate 80/90, U.S. Department of Education has sin- That is not going to work. They need better known as the Indiana Toll Road, gled out Angola as the ‘‘new American to use their authority to order the re- and Interstate 69 intersect just north of high school,’’ and the principal is one funds, and they need to set the amount town, which has been a longtime asset of only two high school principals on of the refunds. of this area. the National Commission on the High Then, finally, they said it would only Angola, Indiana has further capital- School Senior Year national study. The Indiana Association of Teacher Edu- last through a year from next October; ized on its natural resource assets. Lake James and many other lakes in cators in 1998 and 1996 picked Angola as that is, two summers for California, the area have long been a draw for Indiana’s most outstanding high two peak seasons, but only one peak many people who want to live in an en- school. season for my part of the country. This vironment where they can be sur- One of the things they have done for will still cost consumers hundreds of rounded by lakes and various recre- the high school seniors is a workplace millions, ultimately billions of dollars ation opportunities. participation program. About 40 busi- more than they need to pay to have re- By connecting Pokagan State Park nesses and industries in Steuben Coun- liable energy in the western U.S. It will to the newly-built YMCA and to its ty have developed a 9-week workplace still put untold hundreds of millions unique Monument Circle with a bike curriculum. The high school’s flexible path, area residents are offered increas- four-block schedule allows students and billions of dollars into the pockets ing health and recreation alternatives. time to travel by bus to their work- of market manipulators. It is just that What has given Angola a further edge places. the profits will not be a 1,000 percent is the educational collaboration of Tri- Let me give a couple of examples. increase anymore, it might only be a State University, Angola High School, One student at Angola, Todd Hack, is 200 percent increase or 300 percent in- and now the new Plastics Technology further along in his college career than crease for those companies based in Center. Yesterday I was with Steve Co- some college freshmen. He will start at Texas who have been contributing so rona of JobWorks, Inc., and Craig Ad- Tri-State University with 26 hours of generously to the majority party in olph and Harry Adamson of the plastics credits earned from advanced place- this administration. center to announce a grant of $514,000. ment courses and computer classes he To some, this may seem like the rich took on campus. The flexible schedule But they had to do something, be- are getting richer. Angola has a lot of allowed him to move ahead, so he was cause they might lose their whole advantages. The truth is, Angola is not able to stay in school and, because he scam, their whole game. The heart of it a wealthy town. It is basically mid- was an advanced student, get a college is deregulation. Deregulation does not America or maybe even slightly below education. work in a monopoly environment. It in income, but they are organized. Another student, Greg Knauer, does not work when there are a few They have been rising because they worked 30 hours a week in his senior plants and one big set of transmission have been able to coordinate several year at a construction firm earning things that in fact have become the hours towards his journeyman’s li- wires that runs down to smaller wires keys to economic development: the cense. He hopes to begin an apprentice- that run to our house. recreation opportunities, the lifestyle ship after graduation, another type of How are we going to have competi- opportunities, combined with good career path. tion? Competition could never work, transportation, a good work force, and Yet another student, Amy Dennis, will never work in this industry. It is a increasingly, a well-trained and edu- was interested in nursing, but did not vital public necessity. For more than cated work force. have a family member to show her the One of the things that Angola pro- ropes. Her workplace participation 60 years we regulated in this country vides is a continuum of education ef- took her to Cameron Memorial Com- because of the collapse the last time we forts. Whether the student decides to munity Hospital, where she followed played with deregulation in the United go into the work force directly after every clinical rotation. She will study States, back in the 1920s. high school, enter a 2-year vocational nursing at Indiana University-Purdue It is time to return to regulation. program or community college pro- University in Fort Wayne, or IPFW or But short of that, it is time for effec- gram, or whether they are going to at- the University of St. Francis next fall, tive cost-based caps on power, some- tend a 4-year university or just con- and hopes to become an obstetrics tinue life-long learning or specific nurse. thing that runs for 2 years and some- training that is not degree-driven, it is Yet another student will participate thing that orders that rebates be done. a real-world option. in a Cisco computer program in which We should not accept in this House To employers, this means that stu- two high schools in my district have these half-measures by the Federal En- dents are being prepared for real-world hooked up, and when finished, he will ergy Regulatory Commission in their jobs. Too often, our education is ge- be certified to build up a network sys- desperate attempt to save themselves neric. Many job training programs at tem from ground up. He is planning to from being embarrassed in having to times seem to be marginally useful. It attend Cornell or MIT, his early picks, testify before the United States Sen- is easy to criticize our schools when and he is confident his high school ate. they get things wrong, and we fre- record, near perfect SAT scores, will quently do it from this floor. make them take notice.

VerDate 19-JUN-2001 04:05 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.060 pfrm01 PsN: H19PT1 H3236 CONGRESSIONAL RECORD — HOUSE June 19, 2001 This is how high school should work, covered a passionate interest in art, lit- program since its inception, said the most where we have the range of students, a erature or computers are dismissed as non- remarkable thing about recent Angola grad- diversity of students: one here, one college types. Disenfranchised, they lose in- uates is their focus. All seem to have a clear going into construction, one into nurs- terest in school and are at risk to drop out. idea of what they want to do and how to do it. ing at college, one into an advanced ANGOLA IS MODEL Bolinger’s own school could be a model for For the community’s part, Adolph said, placement program, and one to an Ivy the job is to keep people in touch with learn- League school. how high school should work. It has been sin- gled out by the U.S. Department of Edu- ing so they never are reluctant to return to I want to congratulate Angola, and I cation as a ‘‘New American High School,’’ college or a job-training program. Dr. Tom Enneking, vice president for aca- am proud to represent them. and by the Indiana Association of Teacher demic affairs at Ti-State, said the key was to Mr. Speaker, I include for the Educators in 1996 and ‘98 as Indiana’s ‘‘Most develop a seamless delivery system for edu- RECORD the following articles from the Outstanding Successful High School.’’ The school’s evolution began about six cation. His school had previously offered an Fort Wayne Journal Gazette and the early admissions program, but the partner- News-Sun and Evening Star of Auburn years ago, when Bolinger and some business and education leaders began talking about ship with Angola High School allowed it to and Angola. build on the Advanced Placement courses, The articles referred to are as fol- how to prepare students for jobs in the com- munity. The result was the Workplace Par- easily bridging the high school to college gap lows: ticipation Program. About 40 businesses and that some students fail to cross. IS HIGH SCHOOL SENIOR YEAR A WASTE OF industries in Steuben County have developed THE JOB AHEAD TIME? a nine-week workplace curriculum. The high Bolinger said the transformation of Amer- (By Karen Francisco) school’s flexible four-block schedule allows ican high schools was one step in a bigger Senior-itis symptoms are at the full-blown students time to travel by bus to the work- task—building an infrastructure that sup- stage. Mortar boards and gowns in hand, places. ports lifelong learning, instead of one that ‘‘The curriculum is simple to prepare,’’ scores of high school seniors are impatiently starts and stops in uneven intervals between Bolinger said. ‘‘We tell them, ‘‘Write down marking time, waiting for the chance to preschool and adulthood. what you do and teach them.’ ’’ slam the door on childhood and rush head- The first step—creating high schools that And the students are learning. long into life. work—won’t come easily, Bolinger said, but Joe Dolack is a senior who transferred to But are they ready? Have the spent the he’s hopeful the national commission’s rec- Angola from Illinois his sophomore year. He past nine months preparing for what lies be- ommendations will spur progress. A report repeated a math class to catch up on aca- yond, or have they been stuck in an anti- that challenges the fundamental structure of demics, and then began participating in the quated educational system that allots 12 American education is a sharp departure workplace program at General Products years of schooling for 11 years of knowledge? from the current testing and standards Corp., an automotive components supplier. The National Commission on the High hysteria, but the principal said he is hopeful His grade-point average has risen three School Senior Year considered the question. for its prospects because of bipartisan sup- points on a 12-point scale and he plans to at- It arrived at the conclusion that ‘‘The nation port and the interest of Rod Paige, who was tend community college in Coldwater, Mich., faces a deeply troubling future unless we a member of the commission until he re- before transferring to a four-year school. A transform the lost opportunity of the senior placed Riley as secretary of education. career in manufacturing management is his year into an integral part of students’ prepa- Bolinger said some parents have accused goal. ration for life, citizenship, work and further his school—with its emphasis on career Senator Amy Dennis was interested in training and college courses—of pushing stu- education.’’ nursing, but didn’t have a family member to In his charge to the commission, former dents out the door. The opposite is true, he show her the ropes. Her workplace participa- said. Rather than constraining students to a U.S. Secretary of Education Robert Riley de- tion took her to Cameron Memorial Commu- scribed the senior year as a ‘‘wasteland,’’ a rigid, cookie-cutter model, a high school nity Hospital, where she followed every clin- schedule should promote independence and year of ‘‘significant drift and disconnection.’’ ical rotation. She will study nursing at Indi- The panel’s final report will be released self-exploration. The old model served us ana University-Purdue University Fort well for many years, the principal said, but June 28, and it will likely create a stir not Wayne or the University of St. Francis next unlike 1983’s landmark ‘‘A Nation at Risk’’ a new American high school is what’s needed fall, and hopes to become an obstetrics for a new century. report, according to Dr. Rex Bolinger, prin- nurse. STUDY’S FINDINGS cipal at Angola High School and one of just It was a job in the building trades that en- two high school principals on the high-pow- ticed Greg Knauer. He has worked 30 hours a Selected findings from the National Com- ered commission. Look for a sweeping indict- week during his senior year at Ingledue Con- mission on the High School Senior Year: ment of the structure of U.S. high schools. struction, earning hours toward his journey- A high school diploma is no longer a guar- INSTITUTIONAL PROBLEMS man’s license. He hopes to begin an appren- antee of success in either postsecondary edu- Bolinger points to a number of problems ticeship in construction after graduation. cation or the world of work. with the typical American high school and Angola senior Todd Hack is further along The goal of the American high school its role in the education spectrum. First and in his college career than some college fresh- needs to be reoriented from preparing some foremost might be its inflexibility. man. He’ll start at Tri-State University this students for college and others for work. The conditions of modern life require that ‘‘We’ve allowed learning to be the variable fall with 26 hours of credit earned from Ad- all students graduate from high school with and time and support the constant,’’ vanced Placement courses and computer the knowledge and skills needed to succeed Bolinger said. ‘‘The opposite is what is need- classes he took on campus. The flexible in both postsecondary education and careers. ed.’’ schedule at Angola allowed him to move ‘‘The tyranny of low expectations’’ hinders He cited the example of students following ahead, Hack said, while still finishing high many minority students and many poor stu- a math curriculum without regard to their school requirements and participating in dents from all ethnic backgrounds. own interests and abilities. Students are three sports. Ideally, beginning in the middle school passed along, and when they begin to strug- Amy Enneking, also a senior, is convinced years, every student would have a ‘‘learning gle, they simply choose not to take any more she wants to teach after spending her work- plan,’’ a formal but flexible outline of what math classes. Inflexible six- or seven-period place participation hours in a first-grade the student hopes to accomplish in young schedules discourage students from retaking classroom at Hendry Park Elementary adulthood and which education, work and courses they haven’t mastered. School. She will study elementary education service experiences can best help him or her American students don’t perform as well as at Butler University this fall. to attain those goals. students from other industrialized countries Chris DeLucenay is still a junior, but his The kindergarten–12 system is poorly on math and science exams because our high career goals are clear. aligned and has not established reliable lines school curricula allow them to opt out of ad- ‘‘I knew I wanted an aggressive schedule,’’ of communication with postsecondary edu- vanced courses like calculus and chemistry he said. ‘‘I’m interested in computers and en- cation and the world of work. The National long before their counterparts, the principal gineering, so I’ve taken calculus at Tri-State Commission on the High School Senior Year said. and two Advanced Placement courses.’’ (www.commissiononthesenioryear.org) ‘‘The message we’ve got to get out is that He will participate next year in the Cisco whatever you plan to do after you get out of computer program and, when finished, will GRANT TO PAY FOR TRAINING PLASTICS high school, we’ve all got to have the same be certified to build a network system from WORKERS rigorous preparation,’’ Bolinger said. the ground up. Cornell and MIT are his early Another problem with the typical high college picks, and he’s confident his high (By Yvonne Paske) school is the sorting process, according to school record (and near-perfect SAT scores) Angola—That attractive structure next to the principal. Unwittingly, some teachers will make them take notice. the Breeden YMCA and Learning Center on and systems sort and label students as col- A TEAM EFFORT Angola’s northeast side isn’t just for show. lege prep, general ed or vocational. The la- Craig Adolph, an Angola education con- The Plastics Technology Center will con- bels stick, and students who might have dis- sultant who has been involved in the school tinue on its course to train a work force on

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.061 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3237 state-of-the-art plastics technology for jobs puters procured through a $50,000 U.S. De- American citizen who buys land, pays in Indiana, Michigan, Ohio and Illinois, partment of Agriculture grant written by for it with his own money, and he thanks to a $514,550 U.S. Department of Adolph. moves some sand from one end to the Labor grant. ‘‘We’re looking at concrete, bottom-line other and the government wants me to Collaborators on the grant, U.S. Rep. Mark dollars here,’’ Adamson said. ‘‘These people Souder, R-Ind., Steve Corona of JobWorks will be trained—you don’t need to call a give him 63 months in prison.’’ Inc., Harry Adamson, Plastics Technology more skilled person.’’ And the judge said, ‘‘Now, if that Center director, and Craig Adolph of the Cole Souder spoke to the environmental issues isn’t our system gone crazy, I don’t Foundation, made the announcement at the and impact attendant upon courting indus- know what is. And I am not going to do Plastics Technology Center Monday. try and plastics plants while touting the it.’’ The grant was requested in January and area’s unspoiled natural beauty. Of course, he was reversed. This story awarded Friday, Adolph said. A curriculum ‘‘First off, why are companies moving to- was told in a recent column by nation- and courses may be in place as soon as this ward plastics?’’ he queried. ‘‘Because they ally syndicated columnist James J. summer or fall to train workers on specific want cleaner air, and people want higher gas machinery allowing some to step into jobs mileage, which lighter, plastic parts (can Kilpatrick entitled, ‘‘Wetlands Case earning them $40,000 a year, he said. give). As we move toward more biodegrad- Shows Government Run Amok.’’ The training is available to workers in the able plastics, the manufacturing impact is Mr. Speaker, we can never satisfy Indiana counties of Noble and DeKalb, as less, as opposed to steel mills. Plastics also government’s appetite for money or well as Steuben, Souder said. It also is open have some of the cleaner software jobs be- land. If we gave every Department or to Williams County, Ohio, and Branch, Hills- cause we’ll have applied sciences. . . . I know agency up here twice what they are dale and St. Joseph counties of Michigan. this is a sensitive issue in a lakes area. Plas- getting, they might be happy for a The training will be free, as the grant will tics isn’t the cleanest (industry), but it’s short time; but they would very soon pick up the cost, Adamson said. To date, he among them,’’ he said. He pointed to Univer- has hired no project manager, although the sity of Notre Dame research developing re- be back to us crying about a shortfall coordinating process with other workplaces duced air pollution techniques in relation to of funds. has begun. plastics manufacturing. Now, the Federal Government owns In opening comments, Souder character- Adolph indicated plastics may be the tip of slightly over 30 percent of the land in ized Steuben County as a spot on the cusp of the iceberg in recruiting business to the this country and State and local gov- becoming an industrial magnet due to job area. ernments and quasigovernmental enti- training, exceptional schools, natural beau- ‘‘With training and with Tri-State as a ties own another 20 percent, half the ty, recreational options and advantageous partner, we . . . should be able to attract land in some type of public ownership; transportation routes. other technology-based industries as well,’’ ‘‘This is clearly a hot zone for Indiana,’’ he he said. ‘‘This building can be enhanced, so but they always want more. said. ‘‘The rolling hills, the interstate struc- plastics is just the first large manufacturer.’’ And the two most disturbing things ture, the lakes. ... That’s why we work to get are, one, the rapid rate at which gov- f money for the airport expansion, a bypass ernment has increased its taking in the around Angola, the bike path. ... It all makes WE CANNOT HAVE A FREE SOCI- last 30 years or 40 years; and, two, the a positive ambiance for industrial recruit- ETY WITHOUT PRIVATE PROP- growing number of restrictions, rules, ment, and in the middle of it you have a ERTY regulations, and red tape the govern- technology center.’’ He praised Angola High School’s advanced The SPEAKER pro tempore. Under a ment is applying to the land that is use of technology, its partnership with Tri- previous order of the House, the gen- left in private hands. State University and its school-to-workplace tleman from Tennessee (Mr. DUNCAN) is And some very left-wing environ- program and emphasized those assets work recognized for 5 minutes. mental extremists are even promoting together to train and keep a available work Mr. DUNCAN. Mr. Speaker, John A. something called the Wildlands Project force in Steuben County. Rapanos owned a 175-acre tract of land with the goal of taking half the land ‘‘The Plastics Technology Center can help that is left in private hands and mak- Angola High School reach out,’’ he said. a few miles west of Bay City, Michigan. ‘‘The companies ultimately with this grant He cut some timber, removed the ing it public. No one seems to get con- can help meet the increasing demands for stumps, and brought in a considerable cerned until it is their land that is mid-tech workers and keep them here. This quantity of sand as fill. being taken or their home. is for people in high school who recognize ev- Now, this was on his own private Talk about urban sprawl, if you feel eryone will not go to college. We’re retrain- property. However, the Michigan State overcrowded now, wait until the gov- ing the work force. This will help northeast government ruled that 29 acres con- ernment takes half the private land Indiana further along the path for an en- tained wetlands, and a federal permit that is left. hanced quality of life.’’ Already, there is so little private Corona credited the interaction between should have been obtained first. Mr. Adolph and Adamson, the facility itself, the Rapanos was indicted, convicted, and land that is still developable in many coordination with work force systems in the the judge reluctantly imposed a areas that builders are forced to build tri-state area and the training curriculum $185,000 fine, put him on probation for 3 houses on postage-stamp size lots. for the nod on the grant. years, and required 200 hours of com- Fairfax County, Virginia, recently ‘‘We expect to serve 1,000 people over the munity service. had a man placed in jail for about 3 next 24 month period. . . . Research shows months because he had the audacity to around 100 plastics plants in Michigan and b 1930 put a golf driving range on his own Indiana (alone),’’ he said. Then a few months ago, the 6th Cir- land in competition with a county gov- ‘‘That’s what higher education in the U.S. cuit U.S. Court of Appeals reversed the and Indiana is about,’’ Adolph said. ‘‘We’re ernment driving range. going to keep our students here. We are out judge, because incredibly they said he He even spent huge money, I believe in front, and with these people’s help, we’re had given Mr. Rapanos too lenient a it was over $100,000, placing trees and going to stay there.’’ sentence. complying with all sorts of ridiculous Adamson said the center will help Steuben Mr. Speaker, when something like requirements; but when they told him County compete in a global environment. this can take place, I wonder if we real- he was going to have to spend many Training for students, incumbent and dis- ly live in a free country any more. The more thousands more to move trees located workers will mean higher produc- judge whom the 6th Circuit unbeliev- they had ordered him to put in in the tivity, said the 30-year veteran of the plas- ably found to be too lenient said at one tics industry. first place and basically undo what Adamson led those assembled on a tour of point, ‘‘I don’t know if it’s just a coin- they ordered him to do, he fought back. the center, including a visit to the computer cidence that I just sentenced Mr. I ask again, Mr. Speaker, is this still lab, where students learn industrial software Gonzales, a person selling dope on the a free country? packages in the center’s Cisco Academy. streets of the United States. He is an The Nobel Prize winning economist ‘‘Here students are trained on the simulation illegal person here. He’s not an Amer- Milton Friedman said, ‘‘You cannot models, individually, at their own speed,’’ he ican citizen. He has a prior criminal have a free society without private said. record. So here we have a person who property.’’ He also showed off the actual plastics ma- chinery upon which students will train, call- comes to the United States and com- Linda Bowles, a national syndicated ing it ‘‘the latest, the highest’’ in tech- mits crimes of selling dope, and the columnist, a few days ago in a column nology. The machinery and lab were donated government asks me to put him in pris- entitled, ‘‘Endangered Species versus by companies on six-month leases, and com- on for 10 months. And then we have an Farmers,’’ wrote this, ‘‘In his 1992 best

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.048 pfrm01 PsN: H19PT1 H3238 CONGRESSIONAL RECORD — HOUSE June 19, 2001 seller, ‘The Way Things Ought To Be,’ The protection of these ‘‘vernal pools’’ is a haunt us and is an issue that as a coun- Rush Limbaugh wrote, ‘With the col- nightmare to California farmers, developers, try we need to come to grips with. The lapse of Marxism, environmentalism and even local governments. For example, en- Patients’ Bill of Rights is an important has become the new refuge of socialist vironmental concerns for the shrimp cost Fres- piece of legislation. Not only does it thinking. The environment is a great no County a six-month, $250,000 delay in the make sense, but it also is the right way to advance a political agenda that construction of an important freeway. How- thing to do. favors central planning and an intru- ever, that’s cheap compared to the undis- The Ganske-Dingell bill accomplishes sive government. What better way to closed cost of moving the site of a major new the critical goals of managed-care re- control someone’s property than to University of California campus in Merced, form. First, one of the things that it subordinate one’s private property Calif., because there are too many vernal does, it gives every American the right rights to environmental concerns.’’’ pools on it. to choose their own doctor. That Ms. Bowles said at the time, this California is the nation’s largest producer of makes every sense in the world. That is sounded like hyperbole, but it was not. food crops and commodities, including fruits, the fact that each one of us should Limbaugh’s warning was worthy and nuts, vegetables, melons, livestock and dairy have, the right to choose our own doc- prophetic. I realized this a few years products. This massive agricultural industry tor. ago when I came across a story con- depends entirely on irrigation for water. In Secondly, the bill covers all Ameri- cerning a farmer in Kern County, Cali- California, rainfall is slight or non-existent from cans with employer-based health insur- fornia, who was arrested for allegedly early May to mid-October. ance, as well as other bills that, re- running over an endangered kangaroo Land regulations, fuel costs and electrical markably, exclude individuals such as rat while tilling his own land. His trac- shortages are disastrous to farmers. But the firefighters, church employees, and tor was seized and held for 4 months, most critical issue for them and for all Califor- teachers. Thirdly, this bill ensures that we ex- and he faced a year in jail and a nians is water. The eco-inspired ban on the tend external reviews of medical deci- $200,000 fine. construction of dams and water storage facili- sions that are conducted by inde- As time has passed, it is now clear, ties to catch the runoff from winter rains and pendent and qualified physicians. We Ms. Bowles said, what happened to the spring snow melts is limiting the supply of should not be allowing insurance ac- farmer in Kern County was not an water even as demand for it is surging. It is a countants and people who are going to anomaly, but part of a developing pat- disaster in the making. Deja vu! be looking at the all-mighty dollar tern of government invasion of private While there is local outrage in California and when deciding the decisions of health rights. elsewhere over these abuses, there is little na- On April 7, 2001, the federal government’s care of those people that are ensured. tional outrage. One hopes this is due to a lack Fourthly, it holds a plan accountable Bureau of Reclamation cut off irrigation water of coverage by the mainstream media, rather when the plan makes a bad decision to 1,500 family farms in the Klamath Basin on than a fatalistic American submission to state that harms and kills someone. If the the Oregon-California border. Based on ‘‘cit- socialism. One fears that only in retrospect, insurance and managed-care system izen lawsuits’’ filed by environmental activists, when it is too late to resist, will it be under- decides not to provide access to care to all the available water will go to save fish, pri- stood that freedoms have been irretrievably someone, then we need to look at that marily the sucker fish. A federal judge denied forfeited and the Constitution irreversibly aban- seriously; and that is occurring an appeal by the farmers saying, ‘‘Congress doned. throughout the country. has spoken in the plainest of words, making it f Finally, it guarantees that health abundantly clear that the balance has been PATIENTS’ BILL OF RIGHTS care decisions are made based on the struck in favor of affording endangered spe- medical, not the financial, consider- cies the highest of priorities.’’ The SPEAKER pro tempore (Mr. ations. Managed-care companies must While the farmers are going bankrupt, the JOHNSON of Illinois). Under the Speak- put health care first, and the Patients’ legal bills of the environmentalists are paid for er’s announced policy of January 3, Bill of Rights creates the incentives to by the American taxpayers under the ‘‘citizen 2001, the gentleman from Texas (Mr. make sure that that occurs. lawsuit’’ provisions of the Endangered Species RODRIGUEZ) is recognized for 60 min- Tonight, I am also joined here with Act. utes as the designee of the minority the gentleman from Texas (Mr. Mr. Speaker if we don’t soon start putting leader. LAMPSON). I am glad that he is here. people and private property before sucker fish Mr. RODRIGUEZ. Mr. Speaker, I rise Mr. Speaker, I yield to the gentleman and kangaroo rats, it is us who will be the tonight to highlight the health care from Texas (Mr. LAMPSON) suckers and we will lose our freedom and needs of our communities throughout Mr. LAMPSON. Mr. Speaker, I thank prosperity. this country. I am deeply concerned the gentleman from Texas (Mr. Meanwhile, based on a successful lawsuit with the lack of attention that the RODRIGUEZ) for yielding to me. filed by the Earth, Justice Legal Defense House leadership and the administra- I wanted to come here tonight, Mr. Fund, the U.S. Fish and Wildlife Service has tion has paid, not just to managed-care Speaker, to speak on the Patients’ Bill just designated 4.1 million acres as critical reform, but to health care as a whole. of Rights, which is currently being de- habitats for the endangered California red- Every day, millions of Americans suf- bated in Congress, and primarily to legged frog. Nearly 70 percent of the acres fer from diseases that we could pre- join my other friend from Texas here are private property. vent, diseases we could treat, diseases and talk specifically about some of the The protected habitats hopscotch across 28 that we could cure. But we have not applicability of issues facing the His- California counties, including key agricultural made the commitment to take care of panic community in Texas and across counties, adding layers of new regulations on that. the Nation. already over-regulated private land. No activity We must not let them down. In this But as I listened to the gentleman of any kind on this land will be permitted until Special Order tonight, we look at the talk, I wanted to make another com- it has been proven that such activity will in no Patients’ Bill of Rights, as well as the ment before I get into these particular way affect the well-being of the beloved red- issue of health care. remarks, because as the gentleman legged frog. It is time for us to also consider the talked about the accessibility, about a Another endangered critter wreaking dam- fact that there are a lot of individuals person who might want to be treated age in California is the fairy shrimp, which out there who are sick and that need for an illness that they know there is a thrives in what environmentalists call ‘‘vernal our assistance, and we must not forget cure for but to which they have no ac- pools’’ and what ordinary folk call standing them. cess, it reminds me of a friend of mine water or mud puddles. Anyway, when these We hear so much about values, and in Nederland, Texas, right by Beau- puddles evaporate, the fairy shrimp eggs nest the greatest value I know is helping mont in the heart of the 9th Congres- in the mud until the next seasonal rains hatch those who need the assistance. And sional District, who is a school teacher, them. who needs the assistance more than Regina Cowles; and Regina contracted Apparently the deal is this: if you drain or those afflicted with the diseases of the breast cancer just a couple of years spray standing water, you get an award from body and of the mind? ago, and she found a treatment for that the mosquito control people and a summons There is no doubt that this particular cancer in Houston. But because her in- from the fairy shrimp police. issue is an issue that continues to surance company made the decision

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.063 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3239 that this was not an appropriate treat- Nationwide, Hispanics constitute 35.3 from one of my constituents. I recently ment for her, they refused to make a percent of the total uninsured popu- received a letter from this constituent, payment. lation. This is a disparity which is rap- who is not only battling Lupus, but And consequently, she did not have idly reaching epidemic proportions. also battling her managed-care com- access to the treatment. We worked Much of the problem can be attributed pany. with that insurance company and ulti- to lack of funding for prevention and b 1945 mately got them to relent. They made education initiatives, absence of cul- the treatment available. And she went turally-competent information avail- Lupus is a chronic disease that to Houston, and she got the treatment. able for Hispanic communities to make causes the immune system to attack Unfortunately, it was started much, educated health care decisions, and in- the body’s own tissue. Patients often much too late and she died. adequate representation of Latinos in need access to several specialists be- Those are the kinds of things about the health care professions. cause the disease can affect many dif- which the gentleman is speaking; that This is a trend which absolutely ferent organ systems. When individuals is what we are concerned with, with must be curtailed. And as we begin to, need those several specialists, they find people across the United States of again, debate the Patients’ Bill of difficulty in dealing with the managed America. And we hear these stories Rights, we must be mindful of the care system and difficulty in them re- over and over again about someone issues facing all of our communities sponding. other than a physician making a deci- and work toward a bill that will pro- I want to quote from a letter that a sion about treatment for a person’s vide protections for every citizen. The person received. It says, ‘‘People with health care problem. time for political posturing has passed, lupus enrolled in managed care health Soon after I came to the United and now it is time to deliver on a Pa- plans should have immediate access to States House of Representatives, I was tients’ Bill of Rights. specialists and the specialty care they asked by Dr. Joe DeLeon, a cardiolo- I support the Dingell-Ganske Pa- need even if those specialties are out- gist in Port Arthur, Texas, for me to tients’ Bill of Rights as a comprehen- side of the provider network. Because come and do one of my worker-for-a- sive approach that provides enforceable lupus can quickly become life-threat- day program, and I went to Dr. protections to all Americans and en- ening, people with lupus should be able DeLeon’s office; and I did a number of sures health care decisions that are to seek emergency care when they rea- things with him during the course of sonably believe that their health is in the several hours that I spent there, made by patients and doctors and not those insurance companies about which danger. They should not have to go but at one point in time, he asked me through the lengthy complicated ap- to go with one of his nurses and pre- we were talking. Mr. Speaker, I thank the gentleman peals process for receiving special certify the patients that were on his care.’’ list, so that he could get permission for allowing me to come and join him, and I thank him for the good work that Mr. Speaker, this story speaks well from the insurance company to be able to the importance of a strong patient to see them. the gentleman is doing in helping us get the word out on this bill and make bill of rights. It is important to ensure I did that. I sat down and made 10 or that those who have private health 12 telephone calls and, interestingly sure that we come up with provisions that will indeed make a difference in coverage also have meaningful health enough, a large number of the people care coverage that they can depend on with whom I was speaking at those in- all Americans’ lives. when they are in need. I am a strong surance companies were not health Mr. RODRIGUEZ. Mr. Speaker, I supporter of this, and I think it is im- care-trained professionals. They were know that when the gentleman talked portant for us to continue to be sup- making decisions based on lists of in- about that specific story, we all have portive of this effort that when an indi- formation that were put there. More a stories; and we all have had calls and vidual is ill they have to be able to part of it was the bottom line of that letters that we have received. have access to those specialists, espe- insurance company than was the Mr. Speaker, I had a family that re- cially in specific cases such as lupus health of the people who were wanting cently sent me a letter complaining and many others. Unfortunately, peo- to see the doctors. about the fact that she had Lupus and Mr. Speaker, that is what has to had received some contact from the ple that find themselves in this bind change, I say to my colleagues in the particular company, and it is unfortu- also are having to battle the managed House of Representatives. We have to nate in terms of the difficulty that care systems throughout our country. make sure that our effort to produce some of these people are having. I also want to mention that it is un- legislation is going to reach those per- There is no doubt that when you are fortunate that both administratively sons whose lives can be affected by the healthy and young, they are willing to and legislatively recently we decided work that we are doing and make sure have you onboard. As soon as you get to look at the tax cut as the number that we make policy that will reach sick and serious, then you begin to one priority before we begin to look at those people, because they choose to have some problems with those man- the issues that confront us. It was un- have and want to have and deserve to aged-care systems. fortunate that we went forward on this have the quality of life that they can Mr. LAMPSON. If the gentleman will tax cut without looking at the re- have in the United States of America. yield, those who are making those deci- sources that were going to be needed, While I said that I came to talk sions need to be held accountable for not only in all aspects of health care about those issues affecting the His- those decisions, and that is what is but all the other issues that confront panic community particularly, as far going to change the complexion of us. It leaves too many Americans with as we have come as a Nation, obstacles health care in this country. diminished hopes in the area of health to equality still exist; and we continue Mr. RODRIGUEZ. I also want to care. We are following the wrong path. pushing forward to provide opportuni- thank the gentleman. The gentleman We should first meet our needs and our ties for all. mentioned the disparities that exist in priorities, which must include access Currently in Texas, more than 1 mil- the area of access to health care. We to health care, before helping those in- lion children lack health insurance, know that one of the biggest dispari- dividuals on the tax cuts. Hispanics representing a dispropor- ties that exists is the number of unin- We face two great health care obsta- tionate number of that number of chil- sured. cles before us. First, too many Ameri- dren. A restrictive enrollment to the The gentleman talked about His- cans do not have the basic health care interview and an interview process, panics. We have some data to show coverage that is needed. Secondly, even coupled with a burdensome application that in Texas it is over 33 percent; but those who do often find themselves process has helped to produce this dis- throughout the country, we continue subject to a bureaucracy that they can parity. A lack of access particularly to have almost 25 percent, that lack ac- neither understand nor navigate, a bu- with Spanish-speaking providers and cess to healthcare insurance. reaucracy that is not responsive, a bu- services has caused difficulty in what I want to share that with my col- reaucracy that needs to be pushed into has become a cumbersome and bureau- leagues a little bit, in terms of the dis- doing the right thing. I am not refer- cratic managed-care system. cussion, a particular call that I had ring to government, I am referring to

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.064 pfrm01 PsN: H19PT1 H3240 CONGRESSIONAL RECORD — HOUSE June 19, 2001 the private sector and the managed The burden falls not only on the chil- I recall a story that was told of LBJ, care systems. We can no longer put off dren and not only on the families but when he looked at establishing Medi- addressing these two great health care also on the local governments. The rea- care and Medicaid in this country back issues, the issue of access and managed son why that is, for example, in the in the 1960s, and the story is that when care reform. State of Texas we hold each county ob- he was having difficulty with the insur- The problem of access to care is not ligated up to 10 percent of their budg- ance companies who continued to bring a small problem. More than 42 million ets to make sure they provide for the obstacles on Medicare and Medicaid, he persons, and the number is growing in health care of their constituency. Yet brought them into a room and he basi- this United States, lack access to good those rural counties in south Texas, cally told them, and it is a very similar health care insurance. The burden falls along the border, are expending up to situation that we find ourselves in disproportionately on a lot of the poor 30 percent of their budgets for the poor. now, where he said, look, we all know and minorities throughout this coun- The rich counties have less poor and so that you are willing to take care of in- try. So many places of employment do do not have to expend as much, but a dividuals when they are young and not provide coverage. And let me add poor county, where individuals are pay- healthy, but as soon as they get old that those working in a small com- ing property taxes, and in some cases and sick, you are unwilling to expend pany, if it is not a major corporation, in Texas for the hospital districts they what needs to be expended. probably do not have access to insur- are having to pay more to take care of As the story goes, LBJ got those peo- ance. Those not working for govern- these individuals, because the chil- ple there into that room that were part ment, whether it be local government dren’s access to care is at the most ex- of the insurance companies of this or Federal Government, probably do pensive point, the emergency room. country and he told them, look, I am not have access to health insurance. So We need to make every effort to willing to help you by taking and being people find themselves in a real serious make sure that we take care of those able to support and establish a Medi- problem. Individuals not over 65 do not kids before the emergency room; that care and taking care of the senior citi- we take care of those people before the have Medicare; individuals who are not zens. After all, the statistics and the emergency room. The cost rises as indigent, they do not have Medicaid. data showed that a lot of the compa- local governments are forced to raise So here we have working Americans nies were basically dumping our sen- taxes. So it is important for us to look finding themselves in a real bind. iors after they got sick, very similar to at health care as a major issue that In America, the rural populations what we find now in a lot of areas. face special challenges to access care. confronts this country and an issue So LBJ was able to convince them to For example, nearly one-fourth, or 25 that we have been unwilling to deal support him on establishing Medicare with not only as elected officials but as percent, of the uninsured in the United for our seniors because, after all, those a community as a whole. Everyone States are Hispanic, as indicated ear- are the ones that are the most ill, pays and everyone pays too much be- lier. That is twice the proportion based those are the ones where the private cause we do not offer the proper care on population. So we can see the dis- sector is less likely to make a profit up front. proportionate numbers. In addition, Af- We need to look at the preventive from, and they knew that they needed rican Americans also lack insurance, 25 care that is so very critical and very some help in that area. For the same reason, for the indi- percent of them, when they only rep- important and that can help prevent a gent, who did not have the resources to resent half of that amount of the popu- lot of the diseases. The beauty of it buy the insurance, he asked them to lation. So we can see the disparity in now is that we can tell when young- these communities. The rest are people sters are prone to have diabetes, type 2 allow him the opportunity to establish that are poor and that do not have ac- diabetes, but what do we do with that Medicaid for the indigent so that these cess to insurance but who are out there information? Unless we do something people that do not have those resources working trying to make ends meet. to help prevent that diabetes as that to buy insurance that they can be able Roughly 20 percent of the uninsured youngster grows up, then we are de- to have access. So now we find a dilemma that in live in rural areas. I have the distinc- feating ourselves. tion of having both not only an urban My colleagues will also hear me this country we somewhat take care of area in San Antonio but also 13 other speak time and time again on the need our seniors with Medicare and some- counties of rural Texas, and I find my- for improving access for the uninsured, what take care of our indigent with self that a lot of the rural counties especially with regard to the health Medicaid, but in middle America we have a great amount of difficulty with status of the most underserved popu- find people who are working hard, who managed care systems, partly because lation, the poor, the rural population, are trying to make ends meet, in a of the reimbursement rates, partly be- the children, and minority of this bind, and yet not having access to good cause of the problem that a lot of the country. The current debate on pa- quality care. In fact, we have the larg- managed care systems choose not to go tients’ rights illustrates the access to est number of uninsured in this coun- into rural America, and also because of service that does not necessarily guar- try, over 42 million and growing. the difficulties in terms of providing antee quality of service. So many of us have experienced the access to the ones that are really in We tend to associate barriers to care frustration of having also changed doc- need. only with the uninsured, but even the tors because they are no longer a part According to recent studies by the insured in this country have a barrier of our plan. The patient bill of rights Kaiser Family Foundation, the rural to service. Those who have health in- addresses this issue, where individuals populations tend to be older, they tend surance also, as my colleagues well should have the right to see the doctor to be poorer and they tend to be less know, face those barriers, and we need of their choice. It does not make any healthy compared to the people living to make sure that those people at least sense for them to force an individual to in urban areas. So here we find our- have access. After all, they have been see someone that they do not want to selves with a very vulnerable popu- paying for that insurance, and when see, especially if they have their own lation and a real need for us to reach they get sick, it should be there for doctor. out. When we look at the statistics of them. It also is troubling not being referred the uninsured, our children, the num- Let me be clear. Managed care com- to specialists when a doctor says a per- bers are staggering. Nearly 11 million panies provide a valuable service for son needs to see a specialist. That op- children under 19 do not have access to millions of Americans. Health care portunity needs to be there and that insurance. We have tried some efforts must be affordable and it must be opportunity is not there now with the in that area, but a lot more needs to available. HMOs do work hard to reach private sector, some HMOs, who are occur and we hopefully will continue to those goals, but there are excesses. giving individuals a rough time and move forward in those directions. There are situations where individuals giving those people who do pay their In places like my hometown of San lose out and there are situations where monthly premiums and should be able Antonio I am ashamed to say one- HMOs have not been responsive. For to have access to good quality care and third, or 33 percent, of our children do many, health care coverage has not to the specialists that they need. Such not have coverage for health insurance. been there when it is needed. is the case with my constituent with

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.066 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3241 lupus who had difficulty getting access As the gentleman from Texas knows, ment for diabetes as opposed to being to good care. Texas passed a similar initiative; and denied that right; and so many of my We continue to hear these stories to my knowledge, we have not suffered constituents have had that experience. throughout the country. The passage of in the loss of good health care. I am Mr. Speaker, elderly are living longer a Patient’s Bill of Rights is important sure that we can work to even improve and the HMO is saying, I am sorry, for all Americans and for members of the concept of reasonable balance be- they are at that limit, we are not going the various communities that make up tween patients and physicians. That is to approve it. this Nation. As chair of the Congres- all we are talking about, is giving the In closing, I had that experience with sional Hispanic Caucus, on the Task American people the right to be able to my father. Of course we do not come to Force on Health Care, I would also like make decisions about their health care the floor of the House to generate per- to highlight briefly how a Patient’s along with their physicians, simply sonal stories of our personal dilemmas Bill of Rights would help the Hispanic plain and straight to the point. or personal frustrations, but it is al- community in particular. I am reminded of this debate, and I ways good for people to know that we The needs of managed care reform is have been engaged in this debate it walk in their shoes. There is no special especially important for Hispanics. seems to be three sessions. I remember treatment and should be no special Fully two-thirds of privately insured when we had a number of hearings treatment for Members of Congress, Hispanics are enrolled in managed care about tragic situations which have oc- and we do not want any special treat- while only about one-half of privately curred. I would like to bring back one ment. I want every American who has insured whites are in managed care. in particular, and I think this young health insurance to feel the confidence This is based on a study done by a med- man if I recall, I do not want to add to that you can go in and assure that that ical expenditures panel survey. In addi- the story, but I believe he was an am- physician is going to be the one be- tion, the health care system is com- putee, at least two legs, I am not sure, tween yourself and if it is a loved one, plicated enough, but for Hispanics and I think he lost two hands as well. He deciding the best health care, having populations with limited English pro- was a youngster under the age of 12. He the ability of the physician to be able ficiency, the task of dealing with man- was an example of a youngster who had to expand on health care or procedures, aged care is even more difficult. We been picnicking with his relatives and not frivolous procedures, we do not need access to good culturally com- had fallen and had gotten onto some want that. We have been in a process of petent, linguistically sensitive pro- dirty nails. His family was rushing him efficiency and management. I believe viders that serve our communities. to an emergency room, but because of in that. I believe in bringing down the I want to share an example when we their insurance, their insurance was costs. talk about culturally competent. This not accepted at that particular emer- But, Mr. Speaker, I also believe that was a story that I continue to tell be- gency room. Therefore, they had to this bill is long overdue, that physi- cause it is a true story, a devastating travel miles away. It was a rural com- cians can sit down and say I think he story, of a woman who was told that munity. Just that distance caused the or she can try this treatment or I think she was positive for AIDS. young man to be put in dire condition you need this surgery and I have re- and therefore became an amputee on searched it and they need to have it. b 2000 that basis because he could not be Mr. Speaker, to see a patient on the In Spanish when you say positive, treated by the immediate emergency phone lines trying to argue with the in- just like in English, it is ‘‘positivo.’’ If room. That is what the Patient Bill of surance companies is a frustrating you do not explain what that means, Rights is attempting to do, to be able process to watch; and I encountered the lady when she was told she was to ensure that the Hispanic woman that through the long illness of my fa- positive, she felt everything was great, who spoke Spanish, who understood ev- ther, talking in the hospital, in a not realizing that she was positive for erything is okay from the word ‘‘posi- phone booth, trying to talk to the in- AIDS, and she had a child that con- tive’’ versus that you are positive with surance company to provide a certain tracted AIDS. So the issue of cultural HIV, that kind of lack of sensitivity coverage of someone who had paid in- competency and linguistic under- would be no more. surance and was covered by insurance, standing is very important. That the idea of being turned away and trying to make the argument that Hispanics, because they are more from an emergency room simply be- this is a kind of treatment that was likely to be in managed care, are also cause you are in the wrong location needed or a transport that was needed more likely to have limited providers’ simply has to stop. This is a powerful because insurance companies pay for options and limited treatment options. country, and although health care is transportation from one hospital to the By having the right to choose doctors, not in the constitution, it certainly next. patients can seek a doctor who speaks should be a right and privilege of I do not think that Americans should the same language. Managed care may Americans. be subjected to that, and particularly be less likely to provide treatment and This particular bill as I understand it those who adequately provide coverage diagnosis that most affect these popu- allows for the extra protection, I do for them or their loved ones. This is an lations. not call it the right for a lawsuit, the important effort that we are engaging Mr. Speaker, I am joined tonight by extra protection to be able to, if you in. I hope this bill that is being debated my colleague, the gentlewoman from will, challenge and hold responsible in the Senate will quickly come to the Texas (Ms. JACKSON-LEE). any culprit, any particular entity that House and we will find a way in our Ms. JACKSON-LEE of Texas. Mr. divides health care between patient consciences and also in our representa- Speaker, let me thank the gentleman and physician. tion of the American people to finally for his leadership on the question of If the HMO tells the loved one while give them a Patient’s Bill of Rights health care, both as a Member of Con- the patient is needing care I am sorry which balances patients, physicians, gress as well as a member of the State they cannot get it because your insur- loved ones, and insurance companies. legislature in Texas. I think this is an ance does not cover or you have not I say to the industry of insurers that important enough topic to give a paid enough, or we do not want you to sometimes it looks frightening when chronological history. have that because the doctor says you you see something on the horizon, but As I was listening to this debate in should have it, it is extra and some- it is interesting enough that a number my office, I thought it was important thing tragic happens, I believe that the of States, including the State of Texas, to explain that people should not be American public deserves the right to has now for at least 4 years had the frightened about this compromise. I am hold that entity accountable. That is kind of Patient Bill of Rights that we excited by the Senate bill and the com- all we are asking for, is to ensure that are trying to give to the American peo- promise in the bill in the House, the those privileges are had and the Pa- ple. Ganske-Dingell bill. I see no reason tient Bill of Rights reestablishes the I do want to refute the point that in- why this bill cannot pass from the privileges of the patient and reestab- surance costs are going up. We have al- House into the Senate and receive the lishes the right for medication and di- ready documented that corporations signature of President Bush. alysis, reestablishes the right treat- can find a way that they do not pass

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.067 pfrm01 PsN: H19PT1 H3242 CONGRESSIONAL RECORD — HOUSE June 19, 2001 those fees or suggested costs on to the When we look at that and when we really what we are talking about, if insured, on to the employees. It can be look at lawsuits, we have not seen that they are seriously injured, if someone done. It did not happen in Texas as we many lawsuits, but I will attest that if is killed as a result of a medical deci- understand it; and, therefore, I do not an accountant makes a decision wheth- sion, that they have that kind of op- think it will happen on a national er you should see a specialist or not portunity. That is a very important level. and that person dies, and that decision point. I thank the distinguished Member for was made not for a medical reason but I think the same thing is true, as the having this time to talk about this im- in terms of financing, then they have gentleman knows in California. Only portant issue. I hope that our col- every right to be sued for malpractice. about a handful of individuals have leagues will move this bill quickly be- It is unfortunate that that is occurring filed. It has not been a situation that cause I think it is an important step in this country. We need to put a stop has fostered lawsuits. The important for America in improving the health to that. I thank the gentlewoman for thing here is to protect the civil justice care delivery system that is so much being here with us. system. needed. Mr. Speaker, I want to take this op- A couple of words on the Patients’ Mr. RODRIGUEZ. Mr. Speaker, I portunity to stress a little more in Bill of Rights. I believe that this is a thank the gentlewoman for her partici- terms of the language barriers that very, very good bill because it protects pation. I know the gentlewoman men- exist, both to services and to health patients and all of their various op- tioned specifically about the fact that care that we encounter. The experi- tions. There is nothing more frus- there are people making decisions, and ences that a lot of people have, if they trating as a patient to have care denied as we well know, sometimes it is the do not speak the language, it becomes and not understand why. There is noth- accountant making a decision whether very difficult. We need to continue to ing more frustrating as a patient to the patient should have a specialist or move forward on that. have an expert be turned down to look not. The ones making the decision Mr. Speaker, tonight I am joined by at your particular case. What we are should be the physicians. They are the the gentleman from New Mexico (Mr. talking about here is very simple, com- ones that know best. They should be UDALL). I know the gentleman has been mon-sense rules that make the HMOs deciding whether a patient should have active on health care and has serious produce quality care. access to a specialist or not, and it concerns about access to health care, I will never forget as State attorney should not be based upon economics. and I thank the gentleman for joining general when I heard this whole idea of As the gentlewoman knows, this bill me tonight. managed care coming in, as the gen- will make sure that occurs. tleman from Texas (Mr. RODRIGUEZ) As the gentlewoman stated, we want Mr. UDALL of New Mexico. Mr. knows, they sold it to us that it was to see the doctors of our choice. It is a Speaker, I thank the gentleman from going to be cost effective, which they basic right that a patient should see a Texas. It is nice to be here with the have cut a lot of costs, there is no doctor that they want to see and that gentleman this evening. Let me first doubt about that; but they said the just makes all of the sense in the say that the leadership of the Hispanic quality of care is going to go up. In world. We want to make sure the pa- Caucus on the health care issues and fact, that has not happened. The qual- tient feels comfortable. The gentle- on the Patient’s Bill of Rights has been woman mentioned the importance in very impressive. I have a district in ity of care has gone down, people have terms of making sure that the lan- New Mexico that is 38 percent His- been denied care, patients find them- guage barriers and the competency is panic, close to 20 percent Native Amer- selves dealing with these large bu- there. Nothing is worse than a patient ican, and the leadership that the His- reaucracies, and they do not have any being sent to someone that they do not panic Caucus has shown in terms of idea how to get through them. That is feel comfortable with, that they do not educating us on these issues has been a big, big problem. feel secure with. That the patient feels very, very helpful to me. Let me just sum up by saying, the maybe they are not making the right The gentleman mentioned an issue Hispanic Caucus has been a real leader decisions. Maybe a patient has some- that I wanted to say something about, on this issue. They have taught me a one that they have been seeing all this until I go on to continue with the Pa- lot, the gentleman and the other mem- time that they want to continue to see. tient Bill of Rights, and that issue is bers. It is a real pleasure to carry on I have always had my own doctor, this issue of why we are giving patients this colloquy today with the gentleman and I have continued to see him despite the right to sue an HMO. about these issues. the fact that my insurance does not Mr. Speaker, we have two States Mr. Speaker, I rise today to address an cover those visits, but I continue to see which have passed laws very similar to issue that is important to and affects many him because I want to see him. the bills we are considering now. Cali- people throughout the country, particularly Ms. JACKSON-LEE of Texas. Mr. fornia and Texas have passed Patient many of my constituents who live in the 3rd Speaker, if the gentleman would yield, Bill of Rights laws. To listen to the Congressional District of New Mexico. As our that is a vital point. That is the con- other side argue and to listen to the colleagues in the Senate begin to take up the tinuum of care. Over the last 5–10 HMO community, the managed care very important issue of a Patients Bill of years, we have seen the patient moved community argue, one would think Rights, it is important that we highlight the var- around like a shopping cart being that we were going to have runaway ious and unique obstacles that Hispanics in moved around at the grocery store. One lawsuits. You would think that juries the United States face when it comes to man- time you are in one aisle looking at ce- are going to go crazy and award mas- aged care. real boxes. Another time canned meats, sive awards. In fact, those two laws Many Hispanics who belong to managed another time fruit juices, meaning that which have been in place now a number care programs often face obstacles that others the patient cannot have that physician of months, one of them in Texas, went do not. One obstacle is language barriers. At that they have a trust in that they through and was put in. President Bush times, language barriers adversely affect not have had for 10 or 15 years. We used to did not sign it, but he could have pre- only their access to health care, but that of keep our physicians for a period of vented it and he allowed it to become their children, as well. A recent report by the time. When the insurance came in and law. I believe only a half dozen people Agency for Healthcare Research and Quality said I am sorry, you have to move on have even filed a claim under that law. showed that the inability of many Hispanic to Doctor So-and-so because your long- children to access care is a result of their par- b 2015 standing doctor is not on the list. Con- ents’ inability to speak English well enough to tinuum of care is a vital part of health And so the one thing that we have interact fully with the health care system. Fur- care in America. got to get the word out on is that this thermore, pamphlets and written information Mr. RODRIGUEZ. Mr. Speaker, the is not a situation that is going to jeop- are sometimes available only in English, which gentlewoman has hit the nail right on ardize these companies. This is not a presents another set of challenges for many the head. That is one issue that all situation that is going to end up in Hispanics in the United States. Americans agree we need to push for. runaway jury verdicts. This is a situa- Moreover, the difficulty of navigating through The Patient Bill of Rights allows us to tion where we just give a patient an op- the bureaucratic managed care system is have the doctor of our choice. portunity to have their day in court is often complex and burdensome. This can

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K19JN7.069 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3243 often present a challenge to anybody, but can ing out here tonight. I know it is kind We not only see that they need to see be compounded by unfamiliarity with the man- of late. She was also working on an doctors but why it becomes so impor- aged care system and difficulty with the issue today on the House floor. I thank tant to see the doctor of your choice. English language. her for coming back and joining me. In some cases, there can be language In addition to these specific problems faced Ms. SANCHEZ. I thank my colleague barriers, not getting exactly the right directly by some Hispanics accessing and ob- from Texas very much. This is such an communication going between doctor taining managed care, there is also a general important issue. I want to take the op- and patient. Think about how we feel. lack of data that outlines the specific Hispanic portunity to thank him as a Hispanic Once we find a doctor that we are com- needs pertaining to managed care programs. sitting on the Hispanic Caucus, which fortable with, it is almost like we do While these issues I just mentioned are is the nonpartisan official working not want our insurance ever to change faced by Hispanics on an individual basis, group of this House of Representatives because we want to be able to have al- there is another more systemic problem, that that talks to the issues that in par- ways the same doctor. You feel com- being the lack of Hispanic representation at ticular affect Hispanics. Of course the fortable going to that doctor. Imagine the administrative level. It is important that gentleman and I both know that health how somebody feels who may not com- more Hispanics are able to participate in the and health care is one of the largest pletely and totally understand the decision-making processes in managed care. problem areas for our population for a English language as well as a natural- There are many reasons why this is important, lot of reasons, lack of knowledge in born citizen here. I think of my own one of which is that individual’s from similar particular. And so when we look at parents. My mother has a master’s de- backgrounds can better related to the chal- something like a Patients’ Bill of gree in Spanish and English. She is a lenges faced at the individual level. Rights, when we look at the effect that teacher. Yet she always feels more As this Congress takes up a Patient’s Bill of policy can have on giving right infor- comfortable hearing, especially dif- Rights and help guarantee the safety and care mation, giving all the information, ex- ficult things, complicated things, com- of patients, it is important that we not forget plaining better the information to a plex things, in her native language of the unique challenges that Hispanics face potential patient becomes very impor- Spanish than she does in English. when dealing with managed care. The issues tant for Hispanics in particular. Or just Think about if you have ever been to that have been discussed tonight must be ad- the convenience factor. Most of us, we the doctor, and they come out to tell dressed in order to insure that Hispanics are run around and we think it would be you something, most of the time these able to receive the care they need and de- difficult to schedule different appoint- doctors do not even know how to tell serve. ments with different doctors. For you in layman’s terms what the heck is Mr. RODRIGUEZ. I want to thank someone in the working class, it is wrong with you and they are talking the gentleman from New Mexico (Mr. very difficult to take time off from English. Imagine if you have the bar- UDALL) for his service. I know he has work in order to go and see their doc- rier of a language, it becomes even been working real hard in this area, tor, and so to make multiple visits be- more important for people to have too. He mentioned the lawsuits. He is comes a very difficult thing. choice of doctor, to have portability if right and correct in the fact that we I just want to take the opportunity they go to a different job, of taking have not seen those lawsuits in Texas. to thank the gentleman for the type of that insurance. And also a lot has been It just gives that right. They know work he has been doing, heading up the said about, oh, my God, this Patients’ that the decision should be made by health care task force within the His- Bill of Rights is just about lawyers who the medical profession and not by the panic Caucus. make lots of money being able to sue accountants. In addition, he also rep- Mr. RODRIGUEZ. I thank the gentle- HMOs. resents a State that has a lot of rural woman for joining me tonight. She has That is not the case. First of all, if community, a lot of Hispanics also worked hard in the caucus on various you are working class or lower income, even if you are middle class, actually, that are uninsured. I know he has task forces. I know she is interested in and you have a problem and you go to worked hard in representing them. I health also, and I know she is very in- do these types of suits, you go to do a want to thank him for what he has terested in the Patients’ Bill of Rights. type of suit like this, it is a very long done in that area. And also the fact We have talked tonight about the im- and expensive process. And so these that rural America, such as rural New portance of seeing the doctor of our contingent fees, if this goes nowhere, Mexico and Texas, find themselves choice, the importance of making sure those lawyers, they lose all the expense without access to health care. A lot of that physicians make the decisions and money and all their time and effort. the managed-care systems are not op- not accountants, the importance of They do not get paid one dime on that. erating in rural America. We have a making sure that we hold the man- I think those who saw ‘‘Erin great deal of difficulty in getting ac- aged-care system accountable when Brockovich,’’ for example, understood cess to managed care in those areas. It that person needs a specialist and the that comment, that these people really has created a lot of problems for us. I physician says that they need a spe- only take a case if they think that want to thank the gentleman person- cialist, then that person should be al- there is something there most of the ally for what he has done on behalf of lotted that specialist. time. And so for someone, especially in New Mexico and everyone in New Mex- We have a variety of cases that have the Hispanic population, a majority of ico including the Hispanics there. been brought, I know, to her office. The the people who are Hispanics, we fall in Mr. UDALL of New Mexico. The rural gentlewoman has had letters from peo- that category. We do not have a lawyer part of this, as the gentleman knows, is ple who have had difficulty with man- on retainer. How do we know what to a huge issue. Rural America does not aged-care systems. I shared with the do? have the opportunity to take the bene- public a particular person who had had Mr. RODRIGUEZ. The gentlewoman fits that managed care provides, and lupus, a disease that required a variety is right. I think one of the realities is we are especially seeing that in my dis- of specialists and had not only had to that we need to make sure that every- trict and in rural New Mexico in regard fight with her illness but also had to one has the right to have access to to Hispanics. I thank the gentleman fight with our managed-care system. health care. In so doing, she talks once again for his leadership. I see we Ms. SANCHEZ. And in particular about the importance of those barriers have another of our distinguished col- with respect to diseases, it is really and cultural competencies. If you are a leagues here that I know he is going to troublesome when we see that the His- woman, you might want to see a talk about, a real champion of health panic population in particular in the woman, depending on the type of ill- care issues for Hispanics. United States is having such a prob- ness. There is no doubt that in terms of Mr. RODRIGUEZ. I thank the gen- lem. They are one of the largest, fast- feeling more comfortable, sometimes tleman from New Mexico for joining us est-growing segments of the population even a Hispanic might not make you tonight. I thank him for coming out. I with respect to HIV. Not enough test- feel comfortable. And so it is impor- know it is kind of late. ing gets done there. They have the tant that you see the doctor of your We are also joined tonight by the highest, probably three or four times choice. Once again, she mentioned the gentlewoman from California (Ms. out of the general population, ability issue of lawsuits. I think it is impor- SANCHEZ). I want to thank her for com- or propensity to get diabetes. tant that the judiciary is always the

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.042 pfrm01 PsN: H19PT1 H3244 CONGRESSIONAL RECORD — HOUSE June 19, 2001 last resort. If you are doing the right particular company that had a self-in- cause during my work period I can re- thing, you should not be afraid of that. sured policy, insurance plan. She member when an employee would have But when you do have people that are worked there for 5 years, until she be- an illness or a need to have surgery. not physicians making the decisions came too ill to work. Her husband has There was never any question about whether you should see a specialist or worked at that company for 7 years. the services to be rendered to that indi- not, then you need to be liable. I think Patsy Haines has a brother who pro- vidual by the coverage the company af- it is important that the decision is vides a perfect match for a bone mar- forded them. There never was a ques- based on money. row transplant. Her doctor says if tion about whether or not it was legiti- What we found in Texas that has the Patsy Haines receives this transplant, mate or not. It was assumed that if the same rights as we want to establish the chances are she will be cured and employee was determined to have a here, we have not seen the lawsuits. We live a long life and rear her child and need, that need would be filled by the have not seen the abuse. Where we be a wife to her husband. provider. have seen the abuse is where they feel This is the problem: the insurance Well, things have changed. And they can do and undo as they please be- company refuses to pay for the trans- through the years, we see that the cause of the fact that you cannot do plant, saying that it is experimental. I companies have put in place deterrents anything about it. It reminds me of went to the James Cancer Hospital in for people to get the type of care that that story, of that person who finds Columbus, Ohio, where some of the they are entitled to, because the insur- themselves having to fight both the world’s leading cancer experts work. I ance company provides it for them and disease and the system. talked to the transplant team there. I they determine that they are the ones I want to thank the gentlewoman for talked to a young, very inspirational who are going to determine whether or joining me here tonight. We have a few physician, degrees from Stanford and not it is going to be treatable. more that have come over, a young Harvard and a leading expert in bone Well, that affects us all. I have had lady that has also talked about coming marrow transplant. numerous phone calls from constitu- and talking, so we will continue to do ents just recently, a gentleman, a busi- b 2030 that. I do not know if she wanted to ness owner no less, who has been in make any other comments. He confirmed that this is exactly business many years, diabetic, had a Ms. SANCHEZ. That is fine. I know what Patsy Haines needs. He said it is foot infection. He was waiting for the you have a couple of more over here to the standard treatment. provider to tell him whether or not he talk about their feelings and what peo- I went to the Ohio Department of In- could get services in a hospital to take ple in their districts are feeling with surance and I shared Patsy Haines’ care of an infection. That is a very se- respect to the Patients’ Bill of Rights. story with them and they were sympa- rious thing for a diabetic to have a toe We really need to do something about thetic but they said we really have no infection. So I asked him to go to the righting this situation. People should jurisdiction over this situation. top and make his wishes known. He have choices. They should be com- So we find ourselves in the United was a businessman that should have fortable that they have choices, and States of America, in the year 2001, been able to reach somebody besides an they should feel that they have been where a young woman, a wife, a moth- accountant telling him, well, wait dealt a fair hand in dealing with the in- er, is facing a situation where she may until the decision is made. We have many people whose lives surance coverage that they have. I lose her life. It is shameful. All of us in hang by a thread and the more that thank the gentleman for doing this this Chamber should be ashamed that they are made to wait the chances for Special Order. we have not passed a Patients’ Bill of Mr. RODRIGUEZ. I thank the gentle- Rights long ago. It is beyond belief al- their survival diminish. I think it is important for the people to understand woman from California (Ms. SANCHEZ) most that we would actually stand in for joining us. these Chambers and debate whether or that we want to have the ability to We are pleased to be joined by several not an American citizen should have pass such legislation so they should other Members. I want to ask them to the right to go into a court of law to also be aware that as we go through go to the mikes as they get com- have their rights defended when they this session that we would like to have fortable, and then later on we will be are denied necessary and needed med- their input so that we can then be dialoguing as they come in. I want to ical care. more cognizant of what we need to do. We already have all kinds of informa- ask both of them to join us as we bring I thank the gentleman for this spe- tion. However, it is not happening; and closure to the comments of tonight. I cial order. The American people need I think it is time that we move forward thank them for coming out here to- to know what is going on. If they do and get through Congress this year an know, I believe we will be forced to do night as we talk about the Patients’ effective bill of rights that allows any the right thing even if we choose not Bill of Rights and the impact and the individual, legitimately needing a serv- to. So I thank the gentleman for this importance of having access to the doc- ice, to be able to obtain it. tors of our choice, making sure that if special order and for this time that has Mr. RODRIGUEZ. Mr. Speaker, I the physician says that we need a spe- been given to me, and I hope that we thank the gentlewoman from Cali- can move together in the days and the cialist, that we do have a specialist. I fornia (Mrs. NAPOLITANO) for her com- thank the gentleman for being here. weeks to come to accomplish this good ments. The Ganske-Dingell piece of Mr. STRICKLAND. I thank the gen- thing for the American people. legislation allows this opportunity. By tleman for sharing these few moments Mr. RODRIGUEZ. Mr. Speaker, I the way, this particular bill has been with me. I will be very short. I was want to thank the gentleman very passed by the House and we will have watching the gentleman on C-Span. I much for sharing that story. As we see, an opportunity to pass it again and thought of one of my constituents that each Congressman that has come has hopefully pass it through both Houses I wanted to come over and share with shared a story from their constituents; and be able to make it through. him. Tonight in Hillsboro, Ohio, in and I want to thank them for that. Once again, I want to thank all the Highland County, Ohio, there is a con- As we start bringing closure, I want Members that have come out today to stituent of mine who is 31 years old. to make sure I recognize my fellow provide their testimony of the impor- Her name is Patsy Haines, she is a wife Congresswoman, the gentlewoman tance of the Patients’ Bill of Rights and a mother, and she has chronic leu- from California (Mrs. NAPOLITANO), and the importance of passing this to kemia. This Saturday we are going to who is joining us tonight. be able to see the doctor of one’s have an auction. We are going to auc- Mrs. NAPOLITANO. Mr. Speaker, I choice. tion off items that neighbors and came in at the tail end of this; and I f friends have contributed to get money certainly want to add my two cents. I to try to help Patsy Haines and her have been in the labor market, so to WE ARE ALL FOR A PATIENTS’ family afford the medical care she speak, over 50 years. It may seem kind BILL OF RIGHTS needs. of crazy, but I have been. In those The SPEAKER pro tempore (Mr. I would like to explain something years, I have seen the different types of JOHNSON of Illinois). Under the Speak- else briefly. Patsy Haines worked for a coverage that employees have had be- er’s announced policy of January 3,

VerDate 19-JUN-2001 03:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.073 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3245 2001, the gentleman from Colorado (Mr. dealing with human life and especially prescription costs in this country. But MCINNIS) is recognized for 60 minutes when we are dealing with human suf- do not take that little bit of bad and as the designee of the majority leader. fering and especially when we are at- throw out all the good. Do not, in an Mr. MCINNIS. Mr. Speaker, I enjoyed tacking, for example, some hospital attempt to fix the bad, end up making listening to the comments of the pre- who theoretically rejected a young its spread worse and actually doing vious speakers. This evening, I want to man who was in, quote, dire straits and damage to the good things that our really focus the majority of my com- as a result the young man got his leg medical health delivery system in this ments on differences between the East amputated. That is pretty serious alle- country does for us. and the West in the United States, dif- gations. WHEN THE WEST MEETS THE EAST ferences between the East and the West Maybe it is true. As I said, I kind of Mr. MCINNIS. Let me move on from in the State of Colorado and really talk question it, but I would like to look there. I had an interesting talk in Mas- a little about natural resources and into it. sachusetts not too long ago. Of course, water and so on, but I cannot help but Furthermore, I know that Patients’ as my colleagues know, my district is have listened to the comments, the Bill of Rights sounds good. I would just the Rocky Mountains of the State of preceding comments. urge my colleagues, remember that Colorado. It is the highest district in I would point out that I think, for ex- saying, the devil is in the fine print. the Nation elevation-wise. It is a dis- ample, the gentleman from Ohio (Mr. You stand up, you go out on any street trict with great beauty, huge moun- STRICKLAND) who cites an example of a in America and say, hey, do you agree constituent of his who needs a bone with a Patients’ Bill of Rights? And tains. We have 54 mountains over 14,000 marrow transplant, I think those sto- they are going to say well, sure what is feet, by far more than any other dis- ries are very appropriate. I think it wrong with that. Sounds good. trict in the country. It is a district helps us focus in on the debate. What I It does sound good, but before you that many, many people visit, Aspen, question and what I intend to chal- sign, Mr. Speaker, the American people Telluride, Beaver Creek, Steamboat lenge, and my colleagues understand to this contract you better take a look Springs, Durango, Glenwood Springs this, what I intend to challenge are at what the fine details say. I can say down in the San Luis Valley, Rocky some of the stories that I am beginning to my colleagues, it is a bunch of hog- Mountain National Park, Great Sand to hear. wash for them to believe for one mo- Dunes, Colorado National Monument, This evening I heard from one of the ment that this Patients’ Bill of Rights the Black Canyon National Park. Most preceding speakers that a young man is not going to result in lots of law- of my colleagues have all been prob- apparently fell on a nail, was taken to suits. America is a country of litiga- ably at one point or another been into an emergency room. The emergency tion. my district for a vacation. room refused to treat him even though America is a country of intense legal Going back to my point, I was in he apparently was, quote, in dire wrangling. Give the trial lawyers an Massachusetts. I was talking to a won- straits, because he did not have the opportunity to prosecute cases, they derful couple named Tony and Cathy right insurance and that as a result of are going to go after it like a kid goes Frasso and their son David. We were that young man being refused in an after cookies. Let us be up front. Now talking about public land. We were emergency room because he did not I am not saying that there are not talking about some of the differences have the right insurance, he was trans- cases where there should not be law- between the State of Massachusetts ported to another hospital and as a re- suits but let us be up front when we and the lands in Massachusetts versus sult of the transportation resulted in talk about this. Do not pretend more the lands in the West. There is a dra- the amputation of his leg. lawsuits are not going to result. Of matic difference between the lands and If this is true, it is a pretty remark- course more lawsuits are going to re- the way the lands are governed, for ex- able story, very sad story. What I think sult. Let us debate whether they are ample, between the way decisions are tends to happen, what I think tends to justified or not justified. At least let us made on lands in the East and lands in happen when we get in a very emo- be open on the front end and say this the West. That is really where I want tional debate, is that some of these sto- Patients’ Bill of Rights will result in to start my comments and focus my ries get exaggerated. Now I have often trial lawyers filing lots of lawsuits in comments on natural resources this heard people say, well, someone is re- this country. evening. fused because they did not have insur- If these lawsuits are not justified, it Let us take a look at just what I ance, they were dying, they were is the consumer who will pay for them. mean by that. Obviously, we have here hauled to the emergency room from a Let us take a look, as we have, and I a map of the United States. We will see car accident and the emergency room want patients to have rights, all of us in this map that the color over here doctor said, sorry, you do not have in- do, but do not pull the wool over their represents government lands. So on surance and we are not going to treat eyes by saying here is a bill of rights this map, what this map depicts, is you. That is not true. that in the end costs them more money wherever color is seen on the map that If it is, let me know about the par- and as a result more money to get in- says that that is owned by the govern- ticular case, Mr. Speaker. My col- surance and as a result less people get ment, that land is owned by the gov- league, who by the way is from Texas, insurance because insurances become ernment. If we will notice, my district, I hope he provides me with the details more costly because my colleagues, on by the way, is right here in the State of and the names of those people because this House floor, decided they are going Colorado, right along this border. That I would like to investigate the case. If to ride in on their white horse and save district geographically, that land mass we have emergency rooms in this coun- the American patient from, as de- right there, is larger than the entire try who truly reject someone who nec- scribed earlier, gross abuse. There are State of Florida. We will notice how in- essarily needs emergency treatment, unique cases of abuse and those should teresting it is that in our country pri- number one, it is against a Federal law be addressed, but be very careful about marily in the East, in other words from if they accept any Federal funds at all, what you are going to sign on to. Do my eastern border on the third district and there are very few hospitals in the not let the emotional thrill or the emo- in Colorado to the Atlantic Ocean, and country that do not accept Federal tional warmness or the cuddliness of from Canada to Mexico, there is very funds, so if they are doing that they the word of a bill entice you into be- little government land in these areas. are violating the Federal law. lieving that this is the answer for our Look at some of these States. They Number two, my bet is that once we medical crisis in this country. have little dots of public lands. Some hear the other side of the story, that There are a lot of good doctors in of these States hardly have any gov- many of the stories we are about to this country. We happen to have a pret- ernment lands at all and yet when we hear as this Patients’ Bill of Rights be- ty darn good medical delivery system take a look at this eastern border and gins to pick up momentum, let me put in this country. Sure, we need improve- come West to the Pacific Ocean or it this way: I think we, on this floor, ment. Sure, we would like to figure out again go from Canada down to Mexico, have an obligation to be accurate in how to get more people insurance. we see massive amounts of government our statements, especially when we are Sure, we would like to figure out the land.

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.075 pfrm01 PsN: H19PT1 H3246 CONGRESSIONAL RECORD — HOUSE June 19, 2001 b 2045 riod of time, generally 3 to 5 years, we Today we have lots of different uses Well, there are a couple of questions will let you take title to maybe 160 for this land. Obviously, we use our about that. Number one, from a histor- acres or 320 acres. land just the same as you do in Kansas ical point of view, why the difference? You see, back then, in Kansas, for ex- or Nebraska or Florida or Missouri or Why does the government own big ample, or up there in Nebraska, or over Vermont. We use our land very similar chunks of land in the West and, rel- in Iowa or Mississippi or Missouri or to that. But we also have lots of dif- atively speaking, very little land in the some of those areas, 160 acres was ade- ferent uses. We have National Parks, East? What kind of impact does it have quate. A family could live off 160 acres just like others. We have open space, on decision making? And what is it of farmland. environments and critical forests. like to live when you are completely But the problem was when they hit Our water is very important, and our surrounded? the West, when these settlers came water in the West, remember, water in You see in these colored areas, there out, they started getting into the West, the West, which I am going to get into are communities, millions of people where 160 acres does not even feed a in some detail, the West is an arid live out on these lands, or they are sur- cow. area. In the West, we sue. We fight. rounded by these government lands. The people came back to Washington, Water is like blood in the West. In the The public ‘‘public lands’’ is not an D.C. and said we have a problem. Our East, in a lot of places, you have to often spoken word out in some of these idea of encouraging people to move fight to get rid of the water. Shove it States. In my district, it is spoken west and settling the frontier through over on your neighbor’s land. In the about all the time. our Homestead Act is working in this West, you try and grab it on your land. Let us talk and give an answer to the part of the Nation. But when we come So there are some differences there. first question I asked, what is the his- to the West, where the land is much This points out for you what we face torical basis for this massive amount more arid, for example, much more in the western United States, and that of government land in the West, and rugged terrain, where those mountain is that oftentimes in our land use poli- yet very little government land in the peaks in the Third District of Colorado cies, on our really everyday life out in East? It is really pretty simple, and it go beyond 14,000 feet, at that point peo- the West, whether it is our highways goes back to the frontier days of our ple are not stopping. They are not till- that come over Federal lands, whether country. ing the land. In fact, 160 acres will not it is our power lines, whether it is our When our country was being settled, even feed a cow in this new land we are water, whether it is our tourism indus- we were making acquisitions of land. It in. try, our ski areas, our river rafting, So they gave some thought to it in was our dream in this country to ex- mountain bikes, hiking, our kayaking, Washington, and somebody came up pand our boundaries, to go out and go all of this, we all of a sudden have a with the idea, well, what we should do, west. Remember, going west was just a landlord who is in a little tiny town if we give 160 acres, say, in Kansas or little ways west of Washington, D.C. here on the Potomac, Washington, D.C. Nebraska, maybe what we ought to do back then. But the dream was to go out Very few of these States in the East, is give like 3,000 acres out in the Rocky into the new frontier and claim new when they decide what they want to Mountains, so that they can have a land for this new country that we had, have for hiking, or where the mountain comparable amount of acreage that to make our country great, by growing bikes are going to go, or, obviously will feed a like number of cows or a it in size. most States do not have ski areas, but But in order to do that back in those like number of livestock. what other kind of recreational things days, you did not just get a deed. For But the problem was, they said look, they are going to do, they do not have example, when we purchased Lou- realistically and politically we are not to go to Washington, D.C. for permis- isiana, made the Louisiana Purchase, going to be able to give away large sion. A lot of what we do in the West, simply having a deed to the property amounts of land in the West. Somebody we have to come east to the population did not mean a whole lot. In fact, in else then said I have got the answer. area of Washington, D.C. to get permis- those days, possession, as the old say- What we should do in the West, just for sion to do it. ing goes, possession is nine-tenths of formality, let us go ahead, the govern- So my purpose tonight in kind of ex- the law. You really needed to be on the ment, and keep title to the land. Let us plaining the difference between the property, in possession of the property, go ahead and own the land in the West, western United States and the eastern with a six-shooter on your side. That is and we will let the people use it. A land United States is to tell you that when a lot, the law of how the land in the of many uses. It is called multiple use. you hear those of us in the West talk West was settled. That is where the concept of ‘‘multiple So, what happened, the government use’’ came from, a land of many uses. about public lands and talk about the had to figure out, they had to occupy This land, the reason it is in govern- impact of, say, wilderness areas, or log- this land. Your elected leaders in ment hands, is not, contrary to what ging, you listen to us, that you will Washington, D.C. had to figure out how some of your radical environmental give us a little time to tell our side of do we get people to go west? How do we groups like Earth First may want you the story. get people to possess this land? How do to believe, that this land was acquired Over the years, we have gotten pret- we get people to till the land and to for all future generations, and we ty good managers of this land, both put the land to good use so that we should have hands off, and that for from an environmental point of view, continue to build this fine country of some reason, if you are out here in the both from what we have learned from a ours? East and happen to get there first, you technical point of view, both of what The answer came up that most people are entitled to utilize and live off the we have learned on how to manage our will leave the comfort of their home, or land, but when you come to the West, resources. And I think it is safe to say at least a good number of people will you are not entitled to those kind of that there are a lot more people in the leave the comfort of their home, if you privileges. West that know about the land in the promise them what every American The government did not intend this West than there probably are in the dreams of, owning their own piece of as one huge national wilderness area, East, but sometimes in the West it is land, having a piece of property that is for example. The only reason the gov- felt that they are being dictated to by in their name. ernment retained the ownership of this people who have never experienced the So the government decided the way property was because, realistically and West, or by people that do not feel the to bring the people off the East Coast politically, they could not give that pain because they do not live on public here and bring them west was to prom- much land away to one person. But if lands. ise them land. They called that the you look back historically you will see In my district, for example, I think Homestead Act, I think about 1862. And very clearly that the government in- with the exception of one or two com- the government said to the American tended for the people to still continue munities, every community in my dis- people, go out into this frontier, find a to come to this area and they would be trict is completely surrounded by gov- piece of property, put your stakes in able to use the land in many different ernment lands. We have to get govern- the ground, and, if you farm it for a pe- ways. ment permission for highways, we have

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.077 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3247 to get government permission for rec- cause of government lands are unique Why was I was upset? Not necessarily reational uses, we have to get govern- to the West versus the East, I think because of the fact that some of these ment permission for open space, for en- this chart pretty well indicates some of moves were not good moves. In fact, dangered species, for water usage, et that. some areas did deserve that, the execu- cetera, et cetera, et cetera. So there is Now, let us go ahead and take a brief tive order, not many, but some of them a difference. look at who some of the major govern- did. What bothered me the most is that Let us move on and kind of focus in ment agencies that have these holdings the President and the Vice President from a national picture. Actually, be- are, major U.S. landholdings. The Fed- outside of a vacation day or outside of fore we move to the State of Colorado, eral Government owns more than 31 a campaign had never spent a night in this is probably a good chart to take a percent of all the lands in the United the West. look at, a comparison of some western States. So if you take all the lands of They did not know what our life was and eastern States by the percentage of this country, the government owns just like. They did not know what the expe- land, public land usage. under one-third of them. rience was like having to get govern- In 11 western States, and we picked State-owned, for all purposes, 197 ment permission, for example, for the 11 eastern States to compare side-by- million acres. Federally-owned, 704 water you own, to use that water that side, so that those of you in the States million acres in this country are owned you own. It goes on and on and on. of New York, for example, Massachu- by the Federal Government. The BLM So I think at this point what I want setts, Pennsylvania, Delaware, Mary- owns about 260 million acres, the For- to do is break down and go from our land, Vermont, et cetera, we are kind est Service owns 231 million acres, and comments about the public lands and of doing a side-by-side comparison in other Federal agencies own about 130 what impact the public lands have on the West. So you have an idea of how million acres. The Park Service has 75 the West to talk about a specific asset public lands impact us much greater, million acres. The Native American that we have got in the West, and it is to a much, much greater degree in the tribes have about 45 million acres. very unique to the West, as far as the West than it does you in the East. That is a lot of land. Most of us, law is concerned, as far as the amount Again, the primary reason that we when we talk about buying a new of it and the recycling of it and that is are impacted in the West and you es- home, we think you are doing pretty the subject of water. cape the impact in the East is that his- well if you have a home that sits on a Water is very unique. Water is one of torical knowledge that the only way one-acre piece. Imagine, 704 million the few resources we have in this coun- they could encourage people to go in acres owned by the government, and try that is renewable. Remember that and use large amounts of land in the the majority of that acreage, by far, you often hear people talk, look, let us West was for the government to retain the strong majority of that acreage, is have conservation on water. Remember ownership. in the West, where we live. water is the one resource, it is the one Now let us focus down on the State of Let us take a look. The State of Ne- resource out there that one person’s Colorado. A very similar analogy ap- vada, 82.9 percent, almost 83 percent of waste of water could very easily be an- plies to the State of Colorado between the State of Nevada is public lands, 83 other person’s water. eastern Colorado and western Colorado. percent. Connecticut, less than one- Let me give you an example. Years Now, they are very similar in that tenth of 1 percent, one-tenth of 1 per- ago they came out with the idea, well, eastern Colorado is rural and western cent is public lands. Rhode Island, let us go and let us line all the farmers; Colorado is rural. But if you go down about three-tenths of 1 percent. New ditches with concrete. And that way we the line, which basically is the Third York, seven-tenths of 1 percent. will save water from being seeped into Congressional District, you will see out So colleagues from Connecticut, the ground. What some did not realize here, go back here, in the colored Rhode Island, New York, Maine, Massa- is that the water that leaked out of the areas, brown, green, blue and so on, chusetts, 1.3 percent. And this is where those are government lands. one ditch may very well have been the my friends, the Frassoes, Tony and Take a look at western Colorado, water that popped up as a spring in a Kathy and Dave, live, and I told them, right here, versus eastern Colorado. piece of property miles away. 1.3 percent of your lands are public Eastern Colorado, there are very few Water, we do not understand today lands. public lands. In fact, the public lands but we have a pretty good idea; but 20 Take a look at what Colorado has. really literally in some of these coun- years or 30 years from now, we will be Thirty-six percent of Colorado is public ties are the courthouse. able to actually track-specific water lands. By the way, most of that 36 per- and see all the millions of veins that it cent is in my Congressional District, b 2100 goes in underneath our earth’s surface, the Third District of Colorado. Down here you have some grasslands. and how it benefits one party and yet Look at the State of Utah. Sixty-four You got national grassland up here, in hurts another party, et cetera, et percent of the State of Utah belongs to an area over there; but primarily, most cetera, et cetera. the government. Those are public of the western slope of Colorado, most But in the meantime, let us talk a lands. Idaho, 61 percent. Oregon, the of it is owned by the government. That little more about it. It is the only nat- government owns over half that State. means that the people that live out in ural resource with automatic renewal. Wyoming, the government owns almost this area have to adapt to living and After falling from clouds as rain and half that State. Arizona, almost half of cooperating and working alongside the snow, it may run into streams, lakes, the State of Arizona. Just under half of owners of the property, which is the or soaking into the ground. Eventu- the State of California. Again, I just government. And that has some huge ally, it will evaporate and continues mentioned Colorado. impacts. the cycle forever. Let us go back over here. In the You can see why people in the West Now, here is some interesting statis- State of Ohio, a very large State, less get a little defensive when somebody tics. If you take a look at all of the than 1.3 percent of your State is owned from the East starts dictating to them water in the world, all the water on the by the government. So, for my col- how the land in the West should be earth, 97 percent of that water, 97 per- leagues here from the State of Ohio, handled, especially when the people cent of that water is salt water, and 75 you need to listen when somebody like from the East speak of little experi- percent of the remainder, so if you our colleagues from the State of Ne- ence, especially when the person from take the 3 percent of the earth’s water vada, who have 83 percent of their the East has never lived this. that is not salt water, 75 percent of State owned by the government, come For example, I always used to get ag- that 3 percent is actually water that is to speak to you about public lands. Lis- gravated when Clinton and Gore, when contained in the polar ice regions as ten to them. I know most of my col- they spoke to us, they spoke to us ice caps. leagues do. But we need to have a bet- about the West; and they would go out As we put here, only .05 percent, only ter understanding of the difficulties and make these grand announcements .05 percent is fresh water in streams that we face in the West, because they or by executive orders take large and lakes. So when you take a look at are unique to the West. Our everyday blocks of land and, in essence, put the earth’s surface under today’s tech- lives, the things that impact us be- them off limits. nology, the majority of water is salt

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.078 pfrm01 PsN: H19PT1 H3248 CONGRESSIONAL RECORD — HOUSE June 19, 2001 water; or it is tied up in the polar ice The washing machine uses 20 gallons oceans up. Look to the cloud that gives caps. So that makes water a pretty when you turn on your washing ma- the oceans back. Look to your heart precious resource. chine. A dishwasher to wash your and may your wisdom grow to the Here is another interesting number. dishes takes 25 gallons; taking a show- power of lightning and peace of snow.’’ Seventy-three percent of the stream er, 9 gallons. I think that poetic piece says it pret- flow, so almost three-fourths of the Now, take a look at this. I find this ty well. In the West, water is like stream flow in this country, is claimed part of the chart fascinating, take a blood. In the West, our entire life is de- by States that are east of a line drawn look at how much water it takes, for pendent on this resource. We need to north to south along the Kansas-Mis- example, for one loaf of bread, for one understand it. We need to take care of souri border. In other words, in the loaf of bread that you buy off the gro- our water resources. We need to keep eastern United States, remember where cery store shelf, it take 150 gallons of people from preventing us from using I explained the differences here, in the water to bring that seed up, to process water in a balanced fashion. eastern United States, 73 percent of the the wheat, to bring the flour, et cetera, We need to be smart enough to keep water in the streams in this entire et cetera, et cetera. It takes 150 gallons our water clean and to figure out how country, three-fourths of the water is of water to produce one loaf of bread. to put our water to the best possible over in this area of the country, over in Take a look at one egg. This is unbe- use. We need to be fair in our usage of the eastern part of the country. lievable, one egg, to have one egg pro- water. This is an arid part of the Nation, duced, you go through about 120 gal- Take a look. In Colorado history, the these government lands, the western lons of water. Thank goodness water is first dam. Now, you hear lots of criti- States. Twelve percent is claimed by recyclable. Thank goodness it is a com- cisms about dams, especially by orga- the Pacific Northwest. This leaves 14 modity that is rechargeable. nizations that generally are way off percent of the total stream flow to be One quart of milk, to get 1 quart of the spectrum, as far as balance is con- shared by 14 States which are over half milk, you need 223 gallons; or to get 1 cerned. In the West, we are very de- the land area. gallon of milk, you need 1,000 gallons of pendent upon dams. In the West, we do not have lots of rainfall. What I am saying here is that 14 per- water, a thousand gallons of water to In fact, I think in Colorado I can tell cent, 14 percent of the stream flow of produce 1 gallon of milk. you exactly in Colorado. In Colorado I water resources in this entire Nation, These are numbers that most people think we average about 16 inches of 14 percent of it has to be shared by over never heard of before. A pound of toma- precipitation a year, 16 inches a year. half of the Nation in the western toes, it is 125 gallons of water. A pound Take a look at what happened in Hous- States. So geographically over half the of oranges is 47 gallons. A pound of po- ton last week. physical size, over half the size of the tatoes takes 23 gallons of water. country only gets 14 percent of the Now, I know that was a freak storm; Now, what happens? This gives you a but what did they have, 40 inches in a stream flow. pretty good idea in the use of our coun- So that shows you why water has be- storm, 3 days or 4 days? We do not have try where the primary use of water is, come such a precious resource in the 16 inches in an entire year. water that is consumed for human con- West. One of the interesting things The critical thing about water in the sumption. What happens to 50 glasses about water, and I know to some of West, because we do not have a con- of water? you, the subject of discussing water tinual flow, because we do not have If we have 50 glasses of water in our gets pretty boring. In fact, I am going lots of rain in the West, we have to country that we were going to use for to have a sip of it right now, because store the water that we have, primarily human consumption purposes, this is we all expect water to be there when in the Rocky Mountains. We are de- not water left in the stream or et we turn on the tap. pendent on our snowfall, the heavy It is kind of a boring subject until cetera, this is water for human con- snowfall that we get in the winter water no longer comes out of the fau- sumption, 44 of those 50 glasses of time; and then it is that spring runoff cet, then it becomes somewhat more of water are necessary for agriculture. that comes off the mountains. A lot of an issue. And as we begin to make huge That points out to you just how im- times the runoff may come too early or advancements in water quality, as we portant water is for our agricultural the runoff may come in too great a begin to make huge advancements in base in this country, three glasses of it surge, so we have to have the capa- aquatic life in our water, in better is used by industry, two glasses are bility to store that water, to help us ways to utilize our water, in more effi- used by the cities and a half a glass is with flood control, to help us so that cient ways to utilize water, water be- used out in the country for the people we have those resources in the months comes more of an important subject. that live out in the country. that we do not have any snow, in the But I have some very interesting Pretty interesting statistics. Well, months that we do not have spring run- facts which I thought I would present let me move from the charts that we off, in the months that we do not have this evening to my colleagues so that have here and talk just a little bit much rainfall. you have kind of an idea of how much more about the State of Colorado and So storage of water is critical for life water is required in our everyday lives, the rivers that we have in Colorado. in the West. Now, that is not to say not water just for drinking, but water First of all, I thought it would be ap- that we should store it at any cost. It for our clothes, water for our food, propriate in our capitol in Denver, Col- is to say that we can store water in a water for our vegetation, et cetera, et orado. By the way, it is a beautiful smart and balanced fashion. It is inter- cetera, et cetera. building if you have an opportunity. If esting to hear that, that, for example, I think one of the best charts I have you are in Denver, stop by the State the National Sierra Club, their number seen is this one on water usage. This is capitol. I have many good friends that one goal, or at least their number one the per-person drinking and cooking work out of the State capitol. I served goal last year was to take down the every day. Every person in America there myself. massive water projects in the West, uses about 2 gallons of water to drink One of the best sayings you will find Lake Powell, which is also one of our and to cook with. Flushing the toilet in the capitol is by Thomas Hornsby largest hydroproducers. Give me a takes 5 gallons to 7 gallons. Ferril: ‘‘Here is a land where life is break. Now interestingly enough, the Euro- written in water. The West is where The West could not survive without peans, and I am not a big fan nec- water was and is father and son of old reservoirs like that. In the West, we essarily of some of the Europeans’ mother and daughter following rivers need to store that water. Understand, technology, but some of the tech- up immensities of range and desert in the East, in many cases, you need to nology, especially when it comes to thirsting the sundown ever crossing a get rid of it. In the West, we need to toilets they now have a dual flush toi- hill to climb still drier naming tonight store it. And our first dam actually in let, a flush when you go one way, a a city by some river a different name Colorado, our first storage was by the flush when you go another way. That is from last night’s camping fire. Look to Mesa Verde Indians, and it was that a pretty smart idea. It helps conserve the green within the mountain cup. ancient irrigation system. water. They use excess water to com- Look to the prairie parched for water They actually discovered that around plete the job, so to speak. lack. Look to the sun that pulls the 1,000 A.D. that the Indian groups there

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.080 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3249 stored water, the Native Americans at Now, my comments are not meant to they were going to retain and manage Mesa Verde, they figured out that they put a divide between the East and the this land. And over the time, through had arid months. In fact, it is often West. It simply is to explain the divide technological management, through thought that the extinction of that that already exists as a result pri- better land management, through more tribe down in that part of the State marily because of geographical dif- knowledge, we have developed a vast was a result of a drought, was a result ferences, and that is where we have array of tools, and we can use any one of the fact that they could not store that. So this is my purpose. Water is of these tools or a combination of these enough water to get themselves all the our subject this evening. tools to help us manage these public way through. I want to give a couple of other com- lands. So there is a lot of history to the ments about water that I think are Many of my colleagues are aware of Rocky Mountains, and there is a lot of pretty interesting. First of all, as some of these tools, the names of these history to our water use in the Rocky many of my colleagues may know, we tools, such as national parks, for exam- Mountains. We have what they call have wonderful trout streams in Colo- ple, national monuments, special inter- Colorado the Mother of Rivers, that is rado. In fact, in the State of Colorado est areas, conservation areas, et cetera, what they call the State, because we we have over 9,000 miles of streams; et cetera. Well, what we need to do to have four major river basins in the 9,000 miles coming off those great big properly manage these massive Federal State of Colorado. The first river basin mountains, those high mountains of lands is not to make a rule that one is called the South Platte; the second, the Colorado Rockies. We also have shoe fits all, because one shoe does not the Arkansas; the third, the Rio about 2,000 lakes and reservoirs. We are fit all in the West. What we need to do is custom manage these public lands, Grande; and the fourth, the Colorado not like Minnesota or Michigan with but we cannot custom manage public River. those massive lakes, but considering lands unless we talk to the people who I am going to really focus on the Col- the height, the elevation of the Rocky live there. We cannot custom manage orado River basin this evening with the Mountains, Colorado is a really fairly public lands unless we talk to the peo- time that I have left. Remember, rivers unique State. We have a lot of fun things in Colo- ple who are directly impacted by it. east of the Continental Divide, most of Now, it is true, and I hear this argu- rado. For example, we have 13 different the Continental Divide is in my con- ment constantly from my colleagues streams, called Clear Creek. But the gressional district. We have all heard, here on the floor that land belongs to key is that while there are differences colleagues, of the Continental Divide. all the people in the West, so those of in the United States between the east Rivers east of the Divide flow into us in decision-making authority here and the west, those differences also the Gulf of Mexico. Rivers west of the in the East have every right to make exist in the State of Colorado between Divide, like the Colorado River, drain decisions on how people in the West eastern Colorado, primarily the cities, into the Gulf of California and the Pa- live and how they use that land. That and western Colorado. My congres- cific Ocean. The Colorado River is a is not how we get a balanced approach sional district, for example, the third pretty unique river. First of all, the for the management of public lands in district of the State of Colorado, that Colorado River is 1,440 miles long. It the West. The way to do it is to go to district has 80 percent of the water re- provides water for 25 million people. the local communities. The Colorado River provides water for sources in Colorado, yet 80 percent of For example, today in front of the 25 million people, and that river which the population resides outside that dis- subcommittee that I chair, the Sub- drains and provides millions of acres of trict. So within our own boundaries committee on Forests and Forest agricultural water, it also provides even in the State of Colorado there is a Health of the Committee on Resources, clean hydropower. And in Colorado, we constant balancing requirement that is we had a Native American who spoke put in about 75 percent of the water re- necessary. How much water should be about the years of history of his family sources for the Colorado River, al- diverted from the western slope to the and the traditions regarding the uses of though actually only about 25 percent eastern slope? What amount of water the forest and the uses of government of it is allowed to stay. do we need to keep in the streams to lands. We had an expert on forest that preserve our aquatic life or the quality b 2115 talked about the health of different of the water? These are issues we deal public lands. Both of these people So the reason that water is so crit- with every day in the West. stressed in their comments the impor- ical for us, aside from the fact that we My purpose in being here this tance of having local input, the impor- have to store it, aside from the fact evening, especially to my colleagues tance of bringing in the people who are that we do not have much precipitation east of Colorado, to the Atlantic impacted by these public lands. in our State, is that our water from our Ocean, is to request of them that when So tomorrow night I will go into a agriculture, our water for our recre- they hear about or have an opportunity lot more detail. I will talk about prob- ation, we do everything, from our wild to vote on water issues facing the ably the most extreme use, the strong- and scenic streams for tourism to our West, ask some of us in the West about est tool we have, called wilderness des- kayaking to our rafting to our snow it, because the implications in the ignation. And by the way, I have prob- making, we are very, very dependent West on water in many, many cases are ably put more land in wilderness than on a very limited supply of water in dramatically different than the impli- anybody currently seated in the House the West. And so I thought that it cations on a water vote when we are of Representatives. And then I will go would be good this evening to talk discussing water in the East. clear to the other extreme, where the about water in the West. Now, tomorrow evening, or later this land is not properly managed, where I started this evening’s comments by week, I hope to talk a little about en- the land is kind of a free-for-all, which talking about the vast amounts of gov- ergy. Because energy, of course, in- is as much a disservice as an extreme ernment land that sits in the West, and volves all of us. It is very important. I on the other end. then transitioned into water in the also want to talk about public lands in There are lots of different tools and West, which is one of the key ingredi- some more detail, the different uses of lots of ways that we can preserve these ents. I intend in future comments to public lands, the different ways the lands for future generations while at talk in a little more detail about the government manages public lands. the same time having the right to live public lands, about the need for wilder- We have lots of different manage- on them and enjoy them in this genera- ness areas, about the need for grazing ment tools with public lands. When our tion. This generation is not under an areas and the need for public interest government said, as I mentioned ear- obligation to save everything for the areas, about the need for national lier in my comments, that in the East future. There are a lot of things that parks and State parks, and about the we would let the people own the land, we can use. And if we use them smart- need for open space. So my discussions but in the West the government would ly, we not only mitigate our impact to this evening about water are just one keep the title for the land simply to the environment, in many cases we can segment in an educational series of avoid the political embarrassment of enhance the environment. And that is how life in the West really is different giving away too much land, when the where our obligation is, to help en- than the East. government did that, they decided that hance our environment. I will talk a

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.082 pfrm01 PsN: H19PT1 H3250 CONGRESSIONAL RECORD — HOUSE June 19, 2001 little more about that tomorrow them all off. Now, of course, I imagine ticularly in this country, can conserve evening. that if you need a security light and so without pain. In fact, a lot of the ways For my final few minutes, even on, that can be worked out. But there we conserve actually save us money, though I will address it later in the are little ideas like this, like changing like shutting the lights off when we are week, I want to talk a little about en- our oil every 6,000 miles on our cars in- not using them. ergy. We have talked this evening stead of every 3,000. There are lots of b 2130 about a number of different things. simple conservation ideas that we, the First of all, we started with a few com- American people, can employ today. Change your oil less frequently, et ments on the Patients’ Bill of Rights, For example, as we prepare to retire cetera, et cetera, et cetera. You actu- and I want to restress to my colleagues this evening, make sure we do not have ally save money as a result of that, col- that it is important that patients have on the bathroom light, the closet light, leagues. So conservation and explo- rights in this country. It is important and the bedroom light. When we are in ration are necessary elements for this that we do not have gross mismanage- the kitchen getting ready to have a country to meet the demands that the ment of our medical services in this drink of water before going to bed, shut people of this country have come to ex- country. It is important that we have a off lights. We can turn down our heat- pect. And I think we have an obligation balance out there. ers, if we do not need them. We can to do that. A lot depends on energy. And when we hear in the press and we keep the air conditioner turned up if Our lives are dependent on energy, see documents that say the Patients’ we do not need it that cold in rooms. whether it is energy from hydropower, Bill of Rights, we should take a look at One of the things that helps us do to drive our vehicles, to air condi- the details. It may work out to be just this, that helps us conserve, is the mar- tioning, refrigeration, et cetera, et what we are looking for. It may be an ketplace. Now, I have heard a lot of cetera. answer for some of the problems. But talk about, well, we need to artificially Energy is an important policy. What we need to read the details before sign- support these prices. But the thing this wake-up call has also done, we ing on to the document. We need to that has driven more conservation in have had more energy debates and read the details before casting our the last couple of months has not been comments on this House floor in the votes, because we have an obligation in some action by the government, it has last 6 weeks than we have had in the these Chambers to be aware of the im- been high prices in the marketplace. If last 6 years. The Clinton administra- pact that these bills will have and to we were to freeze the price of energy, tion had absolutely no energy policy. take a look at what might be the unin- which some of my colleagues rec- What President Bush has done, what tended consequences of actions that we ommend we do, i.e. price caps, that the Bush administration has done, is might take. does several things. One, it encourages said we have to have an energy policy. So we have spent a few minutes talk- people to use more of the product be- Let us put everything on the table. ing about the Patient’s Bill of Rights, cause they know that the price will not When you put some things on the and then, of course, I moved on and go up on them. Two, it discourages in- table, people squeal like a stuck pig. talked about public lands and water re- novation. What drives innovation is We do not have to accept it, but we sources. Now, colleagues, I know that that when prices go up and demand ought to debate it and think it out and that is kind of a boring subject. I know stays the same or goes up, people look determine what ought to stay on the this evening’s walk through the dif- for more efficient ways to do things. So table and come off the table. That is ferences between the East and the West energy and conservation are very im- how you develop policy. It is debate on in the United States, where in the West portant. this House floor that helps form policy. we have massive amounts of Federal I agree very strongly with people like Mr. Speaker, I agree with the Bush Government land ownership and in the the Vice President, who I think, al- administration that this country needs East we have very little government though it may not be politically cor- an energy policy. We, the American land ownership, and the differences rect in some audiences in our country, people, colleagues, the people that we that can even be pared down to the makes it very clear that conservation represent, deserve to have an energy State, where we talk about differences alone will not answer our shortage of policy. That means a policy that has in water and differences in govern- energy in this country; that conserva- thoroughly investigated the resources, ment-owned lands and public lands, but tion alone will not lessen the depend- including conservation, the resources while it is boring, it is very important. ency we have on foreign oil; that con- out there for us. Life in the West is also important for servation alone, while it is a very, very Mr. Speaker, I appreciate the time those in the East, because we are to- important factor, it is not the sole an- that I have been able to share with my tally dependent upon an understanding swer. We have got to figure out ways to colleagues this evening. I look forward so that we can help preserve and utilize use and to gather more resources for to sharing further and having further in a proper fashion these resources. energy for future generations. Energy discussion about public lands and talk- Finally, now, I want to visit for a is a big issue for us. ing more about energy. couple of minutes in my remaining I actually think that the energy f time about energy and the need for en- shortage that we are in really is kind ergy. First of all, I am a strong be- of a wake-up call for us. It is not a cri- PATIENTS’ BILL OF RIGHTS liever in conservation. I think there sis for the entire country where the The SPEAKER pro tempore (Mr. are a lot of things that the American economy has collapsed, but it is a JOHNSON of Illinois). Under a previous public can do to help conserve. I was at wake-up call. It is the alarm going off order of the House, the gentleman from a town meeting yesterday in Frisco, saying time to wake up, time to take a Texas (Mr. SESSIONS) is recognized for 5 Colorado, when somebody brought up look at what kind of dependency we minutes. the fact that they were in Europe re- have on foreign oil, what kind of con- Mr. SESSIONS. Mr. Speaker, the cently, and mentioned that when they servation we are employing or deploy- House has concluded its activities for went into a room, in order to keep the ing in our country. So I think from the day, and I thank the gentleman lights on, they, naturally could turn that aspect it has done us some good. from Colorado for taking time to up- them on, but in order for them to stay Let me kind of conclude these re- date us on the important issues that he on, they had to take a card and put the marks, because I intend to go into finds not only in his tutelage as a card in a slot. Now, I had been in Eu- more detail about energy, by asking Member of Congress from Colorado, but rope, too, and I remembered that as he my colleagues not to let people con- also as an important Member of this said that. When leaving the house, once vince them that the needs of this coun- body. you pulled the card out to leave the try can be met simply by conservation. Mr. Speaker, tonight I would like to house, the lights shut off. It is a tre- On the other hand, do not let anybody talk about something that is very im- mendous energy saver and it is of no convince you that conservation does portant. It is called the Patients’ Bill pain. not have an important role to play. We of Rights. It is an important issue that We do not have to have our lives in- can conserve. And a lot of people the House of Representatives and the convenienced at all. One switch shuts throughout the world, but more par- other body will be taking up. The issue

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.084 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3251 of the Patients’ Bill of Rights is one making medical decisions, whether portunity to move forward in a bipar- that is of importance not only to con- medical decisions would be a part of tisan way to address the issues and sumers, but it is also important to phy- this or whether it would be for harm, give patients those things that they sicians. It is important to health care are things that have been widely de- need, address them under the Patients’ providers; it is important to insurance bated. Bill of Rights and also address them providers. It is important to Members The idea that I would like to discuss under liability. of Congress because we recognize that tonight is how we can go about resolv- f today in health care across this coun- ing this. Essentially my plan that will PRESIDENT BUSH HAS HISTORIC try that there are some unresolved be put forward is one that says that I MEETING WITH PRESIDENT PUTIN issues and some changes that have not believe that we should not skew the taken place in the Nation. The Nation, marketplace. We in fact want to have The SPEAKER pro tempore. Under unfortunately, is looking to Wash- employers be protected when they do the Speaker’s announced policy of Jan- ington, D.C. to attempt to solve some not make medical decisions. We do not uary 3, 2001, the gentleman from Penn- of these problems. want employers to be sued. We do not sylvania (Mr. WELDON) is recognized for Tonight I would like to float a new want lawsuits that would take money 60 minutes as the designee of the ma- concept or idea which I believe will be- from health care and cause an incred- jority leader. come part of the health care debate. ible amount of draining off of resources Mr. WELDON of Pennsylvania. Mr. We are all aware that by and large Re- out of health care to take place. So we Speaker, I rise tonight to provide some publicans and Democrats, Members of want to protect employers. We want information from the standpoint of one this body, have come to an agreement doctors to make decisions. We want Member of Congress following Presi- on many things that will be necessary doctors to make the decisions that dent Bush’s recent meeting with Euro- to solve the health care problem. they have been trained to do that are pean leaders, and in particular with his Things like access to emergency rooms medically necessary. historic meeting with Russian Presi- and making sure that sick people are We want to make sure as a public dent Putin. taken care of and having doctors make policy perspective that we are able to I wanted to take out this special decisions and making general reform move on and give every single patient order for a number of reasons; first of under the Patients’ Bill of Rights, but those things that they need and not all, to follow up on the discussions that the impediment or the stopping point, hold up the delivery of those changes were held by our President and the why we have not been able to resolve so that customers can, consumers can Russian president, and talk about the this matter rests on the issue of liabil- have what they need. substance of those discussions; and Mr. Speaker, my plan is simple. It ity. The issue of liability or account- also, on the eve of the visit of the first separates process from harm. It says ability is one that has not been fully elected delegation to arrive in Wash- that we will not allow lawsuits as part ington following that summit, which I seen through with an answer. of a difference that might take place Mr. Speaker, part of the problem will host tomorrow with my col- between an HMO and a consumer, an goes back to something that is called leagues, the gentleman from Maryland HMO and a doctor. We will not allow ERISA, which is an act from 1974, an (Mr. HOYER) and members of the Duma those to go to a lawsuit where there is act that provides companies that have Congressional Study Group here in a nonharm that has been placed as a or do business across State lines the Washington. In fact we have the First difference between these cir- ability to give them a chance to have Deputy Speaker of the Russian Duma, cumstances. an insurance policy, a savings plan and Why is this important? It is impor- the highest elected official in the other types of arrangements for their tant because I do not believe that we Duma, representing President Putin’s employees on a nationwide basis rather should solve our differences in a court party. And as the number two person of than looking directly at how they of law, but rather we should be dy- the Duma, she is the leader of the dele- might comply with 50 State insurance namic in understanding that a doctor gation here in Washington tonight. commissioner plans or 50 State plans should be the one who is making the Mr. Speaker, the delegation of elect- related to savings plans. decisions about nondamage differences ed Russian leaders includes representa- Because of ERISA, what is called in the marketplace. So my bill will tion of political factions in the Duma, ERISA preemption, it means that separate what I call process from harm. and are here to have formal discussions health care providers do not have to The process would be, as has been ac- with us as a part of our ongoing dia- comply exactly because of this exemp- complished in many States around the logue. Over the past 9 years since form- tion that they have in the marketplace country, where there is a difference be- ing the study group, we have had scores to liability issues. It gives them an ex- tween a consumer, a patient, a doctor, of meetings both in Washington and emption from being sued essentially in and a health care provider, we would Moscow and throughout each of our re- the marketplace. allow an internal and an external re- spective countries trying to find com- So there are some HMOs that may or view, the internal review meaning that mon ground on key issues which face may not provide service that would be we would allow the HMO the oppor- America and Russia. consistent with State plans, and so tunity to understand what their dif- First, Mr. Speaker, let me follow the there is a call for us to level that play- ference is and that they would have to meeting that was held between our two ing field and decide how that is going respond back with a physician’s an- Presidents. There were many who said to work. swer, but that the final decision in this American and Russian relations were Mr. Speaker, the answer that is gen- would be made by an external review, a in fact becoming sour; that because of erally accepted is that you just allow panel that was made up of three expert actions, especially President Bush’s HMOs to be sued so that the consumer physicians in this field. I believe it is speech on missile defense, that perhaps or a doctor’s decision is taken into ac- important that we allow doctors to Russia was no longer willing to be a count and corrected. make medical decisions and not look friend of ours. We, as Members of this body, delib- to courts to do that. b 2145 erated on this effort. Last year I voted On the other side of the coin where for something called the Norwood-Din- we deal with harm, I believe it is im- There was a lot of speculation that gell bill, which would allow this to portant that we go to a court of law, perhaps President Bush did not have a take place, where a body, that is an that we allow a harmed party an oppor- sensitivity relative to our relations HMO, could be sued for a decision that tunity not only to go to a court to ad- with Russia; that perhaps President they would be making in health care. dress these issues, but to be in front of Putin was taking Russia in a different The inability that we have for this a jury. That is where the other part of direction; that in fact America and body to decide today how that lawsuit my bill will allow a party, a harmed Russia were doomed to become enemies would take place, whether it would be party, to go to State court to resolve again; and that Russia in fact was mov- caps or an unlimited amount of money, their differences. ing to become a closer ally with China whether it would be suing in Federal It is my hope that this process that and enemies of Russia as opposed to court or State court, who would be we are beginning will allow us an op- being our friend.

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.086 pfrm01 PsN: H19PT1 H3252 CONGRESSIONAL RECORD — HOUSE June 19, 2001 All during the past year in meeting Moscow. You see young Russians hold- that eventually ended that conflict with our new President, I was con- ing up anti-USA signs. You see Rus- peacefully. vinced that he understood what it sians putting a swastika on the Amer- The Russians, and myself included, would take to bring back a normaliza- ican flag. And you see Russians burn- believe we could have ended that war tion of our relations. I can tell you, Mr. ing the American flag. This was a part and should have ended it much earlier, Speaker, that President Putin felt the of a major demonstration of over 10,000 in fact should never have begun it in same way. In fact, last summer I was Russians against America. the first place and should have allowed contacted by the then chairman of Why did they do this? Was this be- and actually should have encouraged President Putin’s political party in the cause of President Bush’s announce- Russia, should have forced Russia to Duma, Boris Grislov. He contacted me ment about missile defense? No, Mr. play a more aggressive role in peace- because he wanted to come over and Speaker. This demonstration occurred fully removing Milosevic from power, observe the Republican convention and during the previous administration. not one year after we began the bomb- build relationships between the Repub- Well, then why were they protesting so ing but a matter of weeks after the al- lican Party, and in particular our can- aggressively in the streets, because we lied nations would have worked with didate, and the party of President have been led to believe that the Rus- Russia. That was a second reason that Putin, the ‘‘Edinstvo’’ Faction or sian problem is with missile defense the Russian people lost confidence in Unity Faction. I extended an invitation which President Bush announced we us. to Boris Grislov. He came to Philadel- were moving aggressively into? That is But I think perhaps the most impor- phia and spent the week with Members not the problem that has caused a lack tant reason the Russian people lost of Congress observing our convention, of trust in Russia, Mr. Speaker. It is a confidence in us is because over the speaking to the Russian people through combination of several factors, the re- past 5 years, they know that we saw a media source that had come with him sults of which President Bush has in- billions of dollars of IMF money, Inter- and understanding how our democracy herited. national Monetary Fund money, World worked and building ties with Repub- First of all, the Russians were not Bank money and in some cases U.S. licans who were in Philadelphia. properly briefed when we expanded taxpayer dollars going into Russia for He came back again in January of NATO a few short years ago to get the legitimate purposes but ending up this year, again at my invitation, to full picture that NATO was not the being siphoned off by corrupt leaders visit and to observe the inauguration natural enemy of Russia any longer. who in fact were friends of Boris of our new President. We got him spe- Now, President Bush went to great Yeltsin, by corrupt institutions that cial passes and he observed and wit- lengths on this recent trip to explain were led by the oligarchs that had been nessed the inauguration of George W. to the Russian people and the Russian hand-selected by Boris Yeltsin. Bush. Then he hosted a delegation that leaders that NATO was not meant to be In fact, Mr. Speaker, 4 and 5 years I took along with the gentleman from the enemy of Russia any longer and ago, we were aware that corruption was Maryland (Mr. HOYER) to Moscow ap- that in fact NATO expansion was running rampant in Moscow. We were proximately 10 weeks ago. The gen- meant to provide a more secure Eu- made aware as Members of Congress tleman from Maryland and the delega- rope. In fact, President Bush left the that those people hand picked by tion that traveled with us and I did an door open that, one day, if Russia Yeltsin to run the banking system in extensive 1-hour summary of that trip chose and if she met the criteria, she Russia were corruptly taking money when we returned. too could become a member of NATO. that was supposed to benefit Russia’s The point is that President Putin and But when we expanded NATO a few people and instead putting it in U.S. his party wanted to reach out and es- years ago, that was not the case. The real estate investments and Swiss bank tablish a new relationship. Even Russian people were given the feeling accounts. The problem was, Mr. Speak- though the media was reporting a sour- by the way we mishandled it that per- er, that our policy for the past 8 years ing of relations between Russia and the haps it was an attempt to bring in under the previous administration with U.S., I was convinced that in the end those former Soviet allies and now Russia was based on a personal friend- once President Bush met face to face make them enemies of Russia. ship between President Clinton and with President Putin, we would have a The second reason why the people in President Yeltsin. Now, I am not new beginning. In fact, when I was on Moscow were demonstrating is because against personal friendships. In fact, I Air Force One with President Bush of the war in Kosovo. Russians were think it is helpful; and hopefully Presi- right before my trip to Moscow 9 weeks convinced that that war caused a tre- dent Bush and President Putin will be- ago, I said to President Bush on the mendous loss of innocent lives, of inno- come close friends. But President Clin- plane, Mr. President, if I have a chance cent Serbs. Mr. Speaker, as you well ton had become such a close friend of to meet with President Putin, which I know, myself and a group of our col- Boris Yeltsin that our whole policy for may, and I certainly will meet with his leagues also disagree with the way that 8 years was based on keeping Yeltsin in leaders, what do you want me to tell we got involved in the Kosovo conflict. power. When we had evidence that him? It was not that we liked Milosevic. It there was rampant corruption around He said, CURT, you tell President was not that we thought Milosevic was Yeltsin, we should have done the right Putin that I am looking forward to some kind of a person that we should thing. We should have questioned meeting him, that we have no quarrel respect and honor. We felt that he was Yeltsin directly, and we should have with Russia, we want to be their friend. as much of a thug and a corrupt indi- called him into a public accounting for We have some differences, but we can vidual and leader as everyone else did the billions of dollars of money, much work those out. in this body. of it backed by the U.S. government That is exactly what happened in the But our reason for disagreeing with and U.S. taxpayers, that was supposed meeting between President Putin and the leadership of President Clinton and to help the Russian people reform their President Bush this past weekend. I Prime Minister Tony Blair of Great economy and society but instead was think they have struck a relationship Britain in going in and attacking the benefiting Boris’ personal friends. But that is good for both countries and former Yugoslavia was that we had not we did not do that. We pretended we good for the world. Now, there are given Russia a chance to use its influ- did not see it. We pretended that we did problems. In fact, there is a great deal ence in getting Milosevic out of power not know about it. of lack of trust on the part of the Rus- peacefully. In fact, Mr. Speaker, I was That is why, Mr. Speaker, in the 2 sian side. In fact, Mr. Speaker, I would the one that led an 11-member delega- months before Boris Yeltsin resigned call the attention of my colleagues to tion of five Democrats and five Repub- his position, the popularity polls in this collage of photographs that I as- licans and myself to Vienna where we Moscow and throughout Russia showed sembled from news sources of street met with leaders of the Russian Duma that Yeltsin’s popularity was only 2 scenes in downtown Moscow a little from all the factions along with those percent. Only 2 percent of the Russian over a year ago. The scenes are not who support Milosevic, and we were people supported him. But guess who very positive. You see Russians throw- able to work out the framework that else supported him, the President and ing rocks at the American embassy in became the basis of the G–8 agreement Vice President of the United States.

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.089 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3253 We were still supporting a man that al- try to build one missile defense system. most of us do not. But let us imagine a most every Russian believed was cor- That one system could only protect scenario where North Korea might not rupt and had a severe alcohol problem. one city. Russia, because of its geog- be on friendly terms with South Korea, And as we all know, Mr. Speaker, when raphy and because of its control by a and we have seen evidence of that over Yeltsin finally resigned, one of the con- Communist dictatorship picked Mos- the past several decades, and perhaps ditions for his resignation was that the cow. It just so happened in the former North Korea would attack South new President, President Putin, in his Soviet Union that Moscow and the en- Korea. Whereupon, America would first official act would have to give a vironment around Moscow has about 75 come in to help defend South Korea be- blanket pardon to Boris Yeltsin and his percent of the Russian people. So it cause of treaty relations. What if entire family. That is exactly what was fairly easy politically for the Com- North Korea’s leaders then said to our President Putin did. His first official munists in the Soviet Union to decide President, if you do not remove your act was to pardon President Yeltsin to protect Moscow with an ABM sys- troops from the Korean Peninsula we and his family, because the Russian tem, an antiballistic missile system. are going to nuke one of your western people and leaders in the Duma wanted The people in the far east in the Soviet cities? For the first time in the history to go after Yeltsin and those oligarchs Union were not happy because they of the existence of North Korea, we for stealing billions of dollars of money were left vulnerable. But if you are now know they have that capability. It that should have gone to help the Rus- controlled by a Communist dictator- might not be a very accurate missile. sian people. ship, it does not matter what the peo- They might aim for Los Angeles and Further evidence of this were the in- ple in the far east think. The Com- hit Portland, but it does not matter. dictments handed down by the Justice munist leadership determines which They have that capability. Department in New York just 2 years city will be protected. So Moscow was What would be our President’s re- ago, in the Bank of New York scandal, protected. sponse? Would we go in preemptively where the Justice Department has al- Now, over here in America we are a and nuke North Korea and wipe out all leged in public documents that individ- democracy. Our leaders could not po- their capabilities and kill innocent people, even though they had not at- uals in Russia and the U.S. were in- litically pick one city. Which city tacked us? Or would we wait until they volved in siphoning off up to $5 billion would we pick? New York? Dallas? Los launched the missile, which we could of IMF money that should have gone to Angeles? Seattle? If we picked one city not defend against, and then counter- the Russian people. So a third reason to protect, every other part of America attack and wipe out North Korea? why these Russians were rampaging in would say, wait a minute. This is a de- Which course would our President the streets against America was be- mocracy, a representative government take, Mr. Speaker? cause they felt that America let them where all of us are equal. You cannot pick one city and only protect one It presents a kind of dilemma that we down. never want our President to be in. But Now, if you believe the national news group of people. And besides, our popu- it is not just a rogue state like North media and some of the liberals in this lation is not based in one area. So the ABM treaty, even though it did call Korea. Iran has now been working on a city, including my colleagues in this system, the Shahab-III, Shahab-IV and body and some in the other body, they and did allow for security through de- terrence, did not allow America to pro- Shahab-V, which now possesses a capa- would have you believe that our prob- bility of sending a missile about 2,500 lem with Russia today is all about mis- vide a level of protection that Russian people have had for the past 25 years. kilometers. That covers a good part of sile defense. Europe. Iran is also working on a mis- Tonight I want to talk about missile b 2200 sile system called the Shahab-V. That defense, Mr. Speaker, because that is The difference is that today we no system will have a range, we think, of not a problem with Russia. It is not a longer live in a world with two super- 5,000 kilometers. Iran’s goal is to de- problem at least the way President powers. The Soviet Union does not velop a long-range missile to eventu- Bush wants to move forward with mis- even consider itself to be a superpower ally hit the U.S. Iraq has a similar sile defense. Some will say, Well, the today, even though they have major of- goal, and they have improved their Russians do not want us to move for- fensive weapons. So there is one super- SCUD missile three or four times. They ward on missile defense. The Russians power left, and that is us. eventually want to have a capability to do not want us to have that capability. The problem with the ABM treaty is use against America. The fact of the matter is, Mr. Speaker, that today we have other nations that So we now have other nations that that Russia has had a missile defense have the same offensive capability that are unstable nations building missiles system protecting Moscow and 75 per- perhaps the U.S. and Russia have had that within 5 to 10 years will be able to cent of the Russian people for the last over the past 30 years. On August 30 of hit the U.S. for which we have no de- 25 years. In fact, they have upgraded 1998, North Korea did something that fense. But it is not just those unstable that system at least three times and even the CIA was not aware they had nations, Mr. Speaker, that we are con- have improved it in terms of accuracy the capability to do. They launched a cerned about. President Bush and and guidance systems. We have no such three-stage missile up into the atmos- Members of Congress who support mis- missile defense system. phere over Japan. The CIA has ac- sile defense do not for a minute believe Why would we not have one, Mr. knowledged publicly that they were that Russia will attack us. That is not Speaker? Well, the ABM treaty which not aware that North Korea had a the case. Our colleagues do not believe was negotiated back in 1972 was based three-stage rocket potential. Even that China will attack us for that mat- on mutually assured deterrence, also though that test did not go to comple- ter. called mutually assured destruction. tion, when the CIA analysts projected Let me say what is a concern, Mr. At that time there were only two how far that missile could have trav- Speaker, and it deals with a missile major superpowers, the Soviet Union eled they have now said publicly it that I am going to put up on the easel and the United States. We each had of- could reach the shores of the western right now. fensive missiles with nuclear warheads part of the U.S. It could not carry a This photograph, Mr. Speaker, is a on top. And so we dared each other. very heavy payload and it might not be Russian SS–25 long-range missile. You You attack us and we will wipe you out very accurate, but if one of those North can see it is carried on what basically with a counterattack. And if we attack Korean missiles had a small chemical is a tractor-trailer with a number of you, we know that you will wipe us out biological or small nuclear warhead, it wheels and tires. This missile, when with a counterattack. could hit the western part of the put in the launch position, when the So deterrence was the strategic rela- United States. That is the first time in launch codes are entered, is pre-pro- tionship between two superpowers from the history of North Korea that a rogue grammed to an American city and can 1972 on. But that ABM treaty allowed state has had the capability to hit our travel 10,000 kilometers at an approxi- one missile defense system in each country directly, and we have no de- mate time of 25 minutes from the time country. The original treaty allowed fense against that. it is launched to landing on that Amer- two, but it was modified after a short Now it is not that we think that ican city which it has been pre-pro- period of time to only allow each coun- North Korea will attack us, because grammed to strike. Now, the exact

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.090 pfrm01 PsN: H19PT1 H3254 CONGRESSIONAL RECORD — HOUSE June 19, 2001 number is classified, but I can say un- in retaliation. That would end up in unstable nations are building missile classified that Russia has over 400 of perhaps a half million people being systems today because they want to these mobile launched SS–25s. Part of killed in both countries, or he could use them and threaten to use them their doctrine is to drive them all over perhaps go on national TV and tell the against America, our allies and our their territory so that we do not know American people in the city where that troops. where those missiles are at any given missile was heading that they have 25 Now others will say, well, wait a time, so there is an act of surprise minutes to move. minute, wait a minute. This system there, an element of surprise if Russia The fact is, Mr. Speaker, today will not work. Mr. Speaker, facts again would need to attack us. It is a basic America has no system to shoot down do not support that notion. There have part of their ICBM fleet. an incoming missile. We have no capa- been 31 major tests of missile defense Now we do not think that Russia will bility to shoot down a missile once it systems by our military over the past launch these against us deliberately, has been launched. 5 years, 31 tests. These tests were with but let me give you, Mr. Speaker, an If, likewise, one of these units con- our Army program called THAAD, our incident that did occur in Moscow and trolling an SS–25 were to somehow get PAC III program, the Enhanced Pa- in Russia in 1995. Norway, in January the launch codes for that missile and triot, our Navy program, called Navy of 1995, was going to launch a weather launch that missile, again we have no Area Wide Navy Upper Tier, and our rocket into the atmosphere to sample defense against that accident. national missile defense program, 31 weather conditions. So the Norwegian Mr. Speaker, that is why President tests. Now we had failures, I will ac- government notified the Russian gov- Bush has said America must deploy knowledge that, but, Mr. Speaker, the ernment right next door, do not worry; missile defense. That is why this Con- failures were not of hitting a bullet this missile we are launching is not in gress voted with a veto-proof margin 2 with a bullet. The failures were when any way offensive to you. It is simply years ago in favor of my bill, H.R. 4, to we could not get the rocket into the at- a scientific experiment for us to sam- declare it our national law that we will mosphere. ple upper atmospheric conditions for deploy missile defense. It was not to Now, that problem was solved by proper weather reporting. back Russia into a corner. It was not to Wernher von Braun 40 years ago. If we Because of Russia’s economic prob- escalate an arms race. It was to give us use that as a reason to stop missile de- lems, Mr. Speaker, and because of Rus- protection against a threat that we do fense, then we better shut down our sia’s lack of improving its sensing sys- not now have. space program, because the same rock- tems, when the Norwegians launched Now, the liberal opponents of missile et technology that launches our sat- that rocket they misread it in Russia. defense will say, well, wait a minute, ellites and our astronauts into outer The Russian military thought it was an Congressman WELDON, the threat, and I space is the exact same technology we attack from an American nuclear sub- heard the chairman of the Senate For- use for missile defense. So if we think marine. So when Norway launched eign Relations Committee say this on that those failures should stop missile their rocket for weather purposes, the Sunday, there is a more likely threat defense, then we should shut down Russian military misread that launch of a truck bomb coming into our cities. Cape Kennedy, because it is the same and thought it was an attack from a That is a little bit disingenuous, Mr. rocket science. The fact is, Mr. Speaker, of the 16 nuclear submarine off their coast. So Speaker, because the chairman of the times of the 31 tests, where the seeker the Russian leadership did what they Senate Foreign Relations Committee reached a level where it could see the would do if they were being attacked. knows full well that over the past 6 target up in the atmosphere, 16 times, They put their ICBM fleet on alert, years the Congress has plussed up fund- 14 of those times we hit a missile with which meant they were within a mat- ing for dealing with weapons of mass a missile. We hit a bullet with a bullet. ter of minutes to launching one missile destruction more than what the Presi- So our success rate has been 14 out of pre-programmed against an American dent asked for each year. We are spend- ing hundred of millions of dollars on 16 times we have been able to hit a bul- city. That was their response. let with a bullet, proving that the tech- The week after this incident oc- new detection systems, new intel- nology is, in fact, at hand. curred, President Yeltsin was asked by ligence systems, on dealing with weap- the Russian media, what happened, ons of mass destruction that could be b 2215 President Yeltsin? He acknowledged brought in by terrorist groups. We are Last week, Mr. Speaker, General that this took place. He said, yes, it not ignoring that threat, but, Mr. Kadish, the head of our Ballistic Mis- was only one of two times that ICBMs Speaker, the facts are there. The larg- sile Defense Organization, a three-star were put on full alert, but it worked; est loss of American military life in general, testified, and I asked the ques- our system worked. I overruled, he the past 10 years was when a low com- tion, general, is the technology here said, our defense minister Pavel plexity SCUD missile was fired by Sad- today? He said, absolutely, Congress- Grachev and I overruled the general in dam Hussein into an American mili- man. We understand and have the tech- terms of our command staff, General tary barracks in Bahrain, Saudi Ara- nology worked out. Kalisnikov, and I called off the launch. bia. America let down our sons and I said, is it an engineering challenge Mr. Speaker, estimates are that Rus- daughters. Twenty-eight young Ameri- now? He said, that is the challenge. It sia was within 7 minutes of acciden- cans came home in body bags because is engineering, a group of systems, the tally launching a 10,000 kilometer we could not defend against a low com- queuing system, the radar system, the ICBM that would have hit an American plexity SCUD missile. Seeker itself, to work together to take city. When Saddam Hussein chose to de- out that missile when it is on the as- Now, Mr. Speaker, let us think for a stroy American lives, he did not pick a cent phase heading toward our country moment. What if that launch would truck bomb. He did not pick a chemical or our troops. So it is not a technology have occurred and what if it occurred agent. He picked a SCUD missile, problem, it is an engineering challenge. under President Putin? Let us imagine which he has now enhanced four times. Now, Mr. Speaker, some of the oppo- a White House conversation between When Saddam Hussein chose to kill in- nents of missile defense will say, well, the two presidents. President Putin nocent Jews in Israel, he did not pick wait a minute. You can defeat missile picks up the red phone, linking him di- truck bombs. He did not pick biological defense by having decoys. Any nation rectly up with Washington, and he gets weapons. He sent SCUD missiles into that we would try to defend against President Bush on the phone and he Israel, and killed and injured hundreds would simply build decoys. These says, Mr. President, we have had a ter- of innocent Jews. would be balloons so that you would rible accident. One of our long-range The facts are easily understood, Mr. not be able to tell the warhead from missiles has been launched acciden- Speaker. The weapon of choice is the the balloon. tally. Please forgive us. missile. Today throughout the world, That is an easy argument for people What does President Bush then do? over 70 nations possess cruise, medium- to make, but it does not hold water, Well, he has two choices. He can then and long-range missiles. Twenty-two Mr. Speaker. It is disingenuous. Be- issue a launch code for one of our mis- nations today around the world are cause if we have countries that the lib- siles to take out one of Russia’s cities building these missiles. All the major erals say cannot build missile systems

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.092 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3255 because they do not have the capa- two governments were looking at ways tiator, Stanley Rivalos. Across from bility, how can we expect those same to cooperate back in 1992 on missile de- me at the table was the chief Russian countries to be able to build tech- fense. negotiator, General Koltunov. We met nologies that would allow them to have Things changed in 1993. A new Presi- for 21⁄2 hours. decoys? dent came in, a President who ran The first question I asked General We tried to build decoys ourselves, against missile defense. What was one Koltunov was, General, tell me, why do and we are the most equipped nation in of the first acts that President Clinton you want to multilateralize the ABM the world technologically. We have had did? With no advance warnings to the Treaty, meaning bring other nations problems building decoys. So you can- Russian side, he abruptly canceled the in? It was only a treaty between two not say a foreign nation can build de- Ross-Manedov talks. So we sent our countries, the Soviet Union and the coys that we cannot even build as a first signal to Russia back in 1993, we U.S. Why do you want to bring in reason not to move forward with mis- do not want to work with you on mis- Ukraine, Belarus and Kazakhstan? sile defense. sile defense. We will work alone. They do not have nuclear warheads nor Now, we understand the challenge of For the support of Congress, we kept long-range missiles. If you want to being able to differentiate the actual one joint missile defense program oper- bring in former Soviet states, why did warhead from a decoy. It is a challenge ational with the Russians. It was the not you propose bringing them all in, we have not yet totally solved. But, construction of two satellites, one con- all 15? Mr. Speaker, even if we move for ag- trolled by Russia and one controlled by He looked at me. He said, Congress- gressive deployment today, we will not the U.S., to sense rocket launches man, you are asking that question of have a system in place for at least 5 around the world, so we could build the wrong person. We did not propose years. We are on a time frame to solve confidence. The program is called multilateralizing the ABM Treaty. the challenge of decoys during that RAMOS, Russian American program Your side did. time frame of deployment. for space observations. I couldn’t believe what I was hearing, Now, some say the system would cost In 1996, with no advance warning to Mr. Speaker. The Clinton administra- too much money. Mr. Speaker, the cost the Russians or the Congress, the Clin- tion went over to Geneva to negotiate for missile defense is approximately 1 ton administration canceled the pro- a change in the treaty that brought in percent of our defense budget. One per- gram. I got frantic calls in my office three former Soviet states to be equal cent. Not our total budget, of our de- from my Russian friends. They said, signatories. Now, why would you do fense budget. that, Mr. Speaker, unless, unless you Congressman WELDON, what is going Now, we are building new airplanes on? You have told us you are trying to wanted to make it tougher down the to replace older ones, we are building work with us. Your government just road to amend the treaty, because then new ships to replace older ships. We are announced they are cancelling the you had to get four nations to agree as building all kinds of new tanks and am- funds for the RAMOS program? opposed to just Russia and the U.S. munition to replace older ones. But The second issue was demarcation. I Democrats and Republicans in the missile defense does not exist today. could not understand how we differen- Congress came together. CARL LEVIN in One percent of our defense budget to tiated between a theater missile de- the Senate, myself in the House, joined build defenses against missile systems fense system and national missile de- by a number of other Members, said is not too much to ask. fense. If you are in Israel, our THAAD this cannot stand. We overturned the I would say to my colleagues, if you program would be national missile de- Clinton administration’s decision to believe cost is a factor, then what price fense, because it protects your whole cancel the RAMOS program, and it is do you put on Philadelphia, or on Los country. You are a small country. So I still being funded today. Angeles, or on Washington, D.C.? Is it said to General Koltunov on the Rus- But, you know what Mr. Speaker? worth $1 billion? Is it worth $100 mil- sian side, tell me, how do you make the That was the second time that Russia lion? What price do we put on a city difference between theater and na- got a signal from us. Our administra- that could be wiped out from one mis- tional? How do you determine the tion canceled the program. It was the sile launched into our country? speed and range that makes one system So price is not an issue. Technology Congress who restarted it. theater and one system national? is not an issue. Well, then what is the There was a third incident. In the He said, Congressman, they are very issue? Is it the Russians? Yes, we want late 1990s, with the ending of the two delicate negotiations. I cannot explain to reassure Russia that this is not superpowers, the common thought in it here. You have to go back and ask meant to threaten them. Do the Rus- America was that the ABM Treaty, if your scientists. So I came back home sians not trust us today on missile de- it was kept in place, had to become to America, not satisfied with the an- fense? more flexible to allow America to deal swers I got. Mr. Speaker, the answer is yes. But, with new threats that were emerging. About a year later, Mr. Speaker, I you know, Mr. Speaker, if I were a Rus- What did the Clinton administration got my answer. I was reading a press sian today, I would not trust America do? It sent its negotiators to Geneva to account in a Tel Aviv newspaper that on missile defense either. That is a negotiate with the Russians two new Russia was trying to sell Israel its pretty strong statement. Why would I amendments to the ABM Treaty. At a brand new latest missile defense sys- say that? Why would I not trust Amer- time when almost everyone in America tem called the ANTEI–2500, A-N-T-E-I. ica on missile defense if I were a Rus- was saying let us relax the treaty so They were also trying to sell the same sian? America can defend herself, what did system to Greece. I never heard of this Because three times in the last 8 the Clinton administration do? They system, and I know pretty much all of years under President Clinton we negotiated with Russia two new tight- Russia’s missile defense systems. I slapped Russia across the face on mis- ening amendments that made the ABM study them. sile defense. Let me review the actual Treaty tighter than it had been back in So I called the CIA and asked them incidents one at a time. 1972. to send an analyst over. The analyst In 1992, the new President of Russia, Most of us in the Congress had no came over to my office and brought a Boris Yeltsin, challenged former Presi- idea what the President was up to. We color brochure with him, in English. He dent George Bush to work together on knew the amendments were dealing handed me the brochure when he missile defense. He said let us have our with multilateralizing the treaty, and walked in my office and said Congress- two countries cooperate. President the other dealt with something called man, this is the ANTEI–2500. Bush said, I agree. So our State De- demarcation. I said, what is it? He said it is a partment began high level talks with So, Mr. Speaker, I called the State brand new system that Russia is just the Russian Ministry of Foreign Af- Department in 1997 and I obtained per- now marketing. They are trying to sell fairs. Those talks were given a name, mission to go to Geneva. I think I am it to Israel, Greece and other countries. Ross-Manedov talks, named after the the only Member of either body that He said I picked up this brochure at the two people leading the discussions. went over there during the discussions. air show in Abu Dhabi. The Russians We had several meetings, quiet meet- I sat down at the negotiating table, were handing it out. It is in English. It ings, but very successful meetings. The alongside of me was our chief nego- is in color.

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.095 pfrm01 PsN: H19PT1 H3256 CONGRESSIONAL RECORD — HOUSE June 19, 2001 So I looked through the brochure, I rope. We will do missile defense to- to do. It is not because of what I want still have the brochure in my office, gether. to do. and I turned through it to see all the The Russians believe in missile de- Tomorrow, I will lead discussions pictures. And on the back page were all fense. They have the SA–10, SA–12. with Russia’s leaders. We have 12 of the technical capabilities of this new They have the ANTEI–2500. They have their top Duma deputies in town, the Russian system, including speed, inter- the S–300, the S–400, S–500; and they first deputy speaker; and we will have cept range and capabilities. have national missile defense. discussions all day. I have been to Rus- I looked at those figures and looked They have an ABM system. They sia 26 times, Mr. Speaker. at the analyst and said, wait a minute. have all of those systems, some of the I consider myself to be Russia’s best I have a hunch here that this system is best systems in the world. Is it wrong friend in Congress, sometimes their right below the threshold of the demar- then for America to want to defend toughest critic; but that is what good cation that we got sucked into in Gene- ourselves? Now, there is one additional friends are for. This is not about back- va, am I correct? He said yes, Congress- problem and reason why the Russians ing Russia into a corner. man, you are correct. That is where do not trust us, Mr. Speaker, and this This is not about starting an arms the figure came from. is going to be a pretty provocative race. This is not about bankrupting Well, we were in Geneva negotiating statement. It is actually caused by the America. This is about protecting the a definition of what is a theater sys- very arms control groups in this city American people. Mr. Speaker, if I tem. The Russians knew they would be who claim to be the advocates of peace. wanted to hurt Russians, I would not marketing the system a year later, so Do I have any proof to back that up? have worked for the past 5 years on they wanted that demarcation to allow Let me give you an example, Mr. this project with the Russian Duma, them to market that system, but deny Speaker. In the midst of the national which is to provide Russia for the first us from going any better than that sys- missile defense debate in 1999, this arti- time with the Western-style mortgage tem. So we agreed to it. cle ran in Time Magazine, about Star program so that Russians can have President Clinton agreed to both of Wars, the new version of missile de- houses like our middle-class people those changes in the ABM Treaty. So fense, a two-page spread. The story is have in this country. The program is called Houses for Our for the third time, we sent a signal to supposed to be about missile defense, People. Almost every governor of every Russia. This third time the signal was defending our people and defending republic in Russia has given their we are going to tighten up the ABM Russia’s people. Up here in the corner is this chart, stamp of approval for a program that Treaty. That is the policy of America. we negotiated together to help Russian Do you know what, Mr. Speaker? In which you cannot see, so I have had it blown up. What is the title of this people buy homes. our country we do live under a Con- We do not want to be Russia’s enemy, chart, Mr. Speaker? ‘‘Destroying Rus- stitution, and our Constitution says but we sent the wrong signals to Russia sia. Arms control advocates map the that no President can in fact negotiate over the past 8 years. We had an ad- Pentagon’s top secret plan for waging a treaty without the advice and con- ministration whose foreign policy to- sent of the Senate. Now, President war, 1,200 warheads hitting 80 targets, ward Russia was like a roller coaster. Clinton knows our Constitution very and they have the targets throughout We backed them into a corner on the well, and he knew that when he nego- Russia.’’ Down at the bottom, ‘‘Killing first NATO expansion. We went into tiated those two changes in 1997, he had zones, the vast spread of radiation wipe Kosovo like wild people, trying to go in to submit them to the Senate for their out more than 20 million Russian peo- like cowboys from the Wild West, kill- advice and consent. ple.’’ ing innocent Serbs instead of requiring But, do you know what, Mr. Speaker? Mr. Speaker, one of my best friends Russia to help us. The President knew he could not get from Moscow was in my office and We denied the fact that their Russian the votes to pass either one of them, brought me this magazine. He threw it leaders were stealing billions of dollars even from his own party. So from 1997 on my table and he said, Curt, I know of money that was supposed to help the until Bill Clinton left office, neither of what you are doing with missile de- Russian people, and we sent the wrong those two changes to the ABM Treaty fense, and I support you, but this is signals on missile defense. were submitted as required by our Con- what the Russian people think you All of that is changing now, Mr. stitution to the Senate. Yet the Presi- want. They see this story on missile Speaker, because we have a President dent convinced the Russians that that defense in Time magazine, which is who will treat the Russians with hon- was our policy. printed all over Russia; and they see a esty and dignity. He has told the Rus- So the Russians last year, when they picture of a map destroying our coun- sian leader face to face, eye to eye, we were ratifying START II, a very impor- try and killing 20 million people. want to be your friend. We want to be tant treaty, the Duma attached those Who produced this chart, Mr. Speak- your partner. We want to work with two treaty changes to the START II er? The Natural Resources Defense you economically. We want to help you treaty itself. They had nothing to do Council. So the fear in Russia was not with your environmental problems. We with START II, but the Russians added caused by missile defense. It was want to work with you on a mortgage those two protocols on. The Clinton ad- caused by the hate-mongering people in program for your people. We want to ministration, figuring they would tie those arms control groups that have help you grow your economy so that the hands of the Senate, because if scared the Russian people into believ- you become an aggressive trading part- they could not submit those two ing somehow we want to wipe out 20 ner with America. changes separately by attaching them million of their citizens. All of us in this body and the other to START II, which the Russians rati- And guess what, Mr. Speaker? They body should rally behind our President, fied, they would force the Senate into a did it again. In this week’s Newsweek and we should denounce those arms corner and they would have to ratify magazine, there is another chart show- control groups in this city who use the them as a part of START II reratifica- ing a nuclear hit in Russia. Again, it is distasteful practice of trying to con- tion. That is why last summer the Sen- attributed to Natural Resources De- vince the Russian people that somehow ate said it would not take up START fense Council. we are their enemy. II. So, for the third time, the Clinton This will be on every news stand in They are the warmonger, the people administration sent the wrong signal Russia and will be the talk of the Rus- who put charts up who say that we to Russia. sian people; and they will say to them- somehow want to create a war that selves, this is what America really would wipe out 20 million Russians. b 2230 wants, because their arms control peo- They are the very warmongers, and we That is why the Russians do not ple are telling this to their people; they will not accept that. There is a place trust us, Mr. Speaker, because they got want to destroy Russia. for arms control, Mr. Speaker. terribly mixed signals during the past 8 They want to kill tens of millions of Mr. Speaker, I am not against trea- years. That is all changing now. Presi- innocent Russian citizens. That is why ties, as long as they are enforced, and dent Bush has said we want to work Russians distrust us, Mr. Speaker. It is that means we have to have the ac- with Russia. We want to work with Eu- not because of what George Bush wants countability; and we have to have the

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.097 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3257 enabling capability to observe in both Ms. MCCARTHY of Missouri (at the re- lotments, Television Broadcast Stations countries with candor whether or not quest of Mr. GEPHARDT) for today on (Galesburg, Illinois) [MM Docket No. 01–53; we are adhering to treaties. account of the funeral of a friend. RM–10040] received June 14, 2001, pursuant to If we use the three simple require- 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. CANNON (at the request of Mr. Energy and Commerce. ments that Ronald Reagan laid out in ARMEY) for today on account of per- 2569. A letter from the Senior Legal Advi- dealing with both Russia and China, sonal reasons. sor to the Bureau Chief, Mass Media Bureau, strength, consistency and candor, we Mr. ENGLISH (at the request of Mr. Federal Communications Commission, trans- will not have a problem in this cen- ARMEY) for today on account of travel mitting the Commission’s final rule— tury. We want the same thing for the delays. Amendment of Section 73.202(b), Table of Al- Russian people that President Putin lotments, FM Broadcast Stations (Monti- wants; we want them to have a better f cello, Maine) [MM Docket No. 01–64; RM– 10074] received June 14, 2001, pursuant to 5 life then they had. We want their kids SPECIAL ORDERS GRANTED U.S.C. 801(a)(1)(A); to the Committee on En- to have better education. We want By unanimous consent, permission to ergy and Commerce. them to have homes for family. We 2570. A letter from the Program Analyst, address the House, following the legis- want their Duma to become a strong FAA, Department of Transportation, trans- lative program and any special orders part of governing their country. mitting the Department’s final rule—Air- We want the Russian people to even- heretofore entered, was granted to: worthiness Directives; Lockheed Model 188A tually realize the same kind of dreams (The following Members (at the re- and 188C Series Airplanes [Docket No. 2000– quest of Mr. MCNULTY) to revise and NM–265–AD; Amendment 39–11980; AD 2000– that we realize in America, but we are 23–10] (RIN: 2120–AA64) received June 14, 2001, not going to allow the American people extend their remarks and include ex- traneous material:) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to remain vulnerable. We are not going mittee on Transportation and Infrastruc- to deny the reality of what is hap- Ms. NORTON, for 5 minutes, today. ture. pening in rogue and terrorist states. Mr. PALLONE, for 5 minutes, today. 2571. A letter from the Program Analyst, When Members of the other body, Mr. ROSS, for 5 minutes, today. FAA, Department of Transportation, trans- like the Senate Foreign Relations Mr. DEFAZIO, for 5 minutes, today. mitting the Department’s final rule—Air- (The following Members (at the re- worthiness Directives; Learjet Model 35, 35A, chairman, are disingenuous and say 36, and 36A Series Airplanes [Docket No. quest of Mr. SOUDER) to revise and ex- our real concern are weapons of mass 2000–NM–127–AD; Amendment 39–12026; AD destruction, we have to counter that, tend their remarks and include extra- 2000–24–19] (RIN: 2120–AA64) received June 14, because we do not have a corner on neous material:) 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the that. All of us understand that threat, Mr. HULSHOF, for 5 minutes, today. Committee on Transportation and Infra- just as we do the threat from Mr. GRUCCI, for 5 minutes, today. structure. Mr. SOUDER, for 5 minutes, today. 2572. A letter from the Program Analyst, cyberterrorism and narcodrug traf- FAA, Department of Transportation, trans- Mr. DUNCAN, for 5 minutes, today. ficking, but the fact is we cannot ig- mitting the Department’s final rule—Air- nore the threat of missile proliferation. (The following Member (at his own worthiness Directives; DG Flugzeugbau We must work on arms control agree- request) to revise and extend his re- GmbH Models DG–500 Elan Series, DG–500M, ments. We must work on stabilization marks and include extraneous mate- and DG–500MB Sailplanes [Docket No. 99–CE– and building confidence and trust, and rial:) 88–AD; Amendment 39–12005; AD 2000–23–32] we must build limited systems that Mr. SESSIONS, for 5 minutes, today. (RIN: 2120–AA64) received June 14, 2001, pur- give us that protection that we do not suant to 5 U.S.C. 801(a)(1)(A); to the Com- f mittee on Transportation and Infrastruc- now have. I am convinced, Mr. Speak- ture. er, that in the end, Russia and America BILL PRESENTED TO THE 2573. A letter from the Program Analyst, will be prime partners together. PRESIDENT FAA, Department of Transportation, trans- We will work on technology together. Jeff Trandahl, Clerk of the House re- mitting the Department’s final rule—Air- The Russians have expertise that we do ports that on June 18, 2001 he presented worthiness Directives; Boeing Model 707 and not have. Together we can protect our 720 Series Airplanes [Docket No. 99–NM–378– to the President of the United States, AD; Amendment 39–12027; AD 2000–24–20] children and our children’s children, for his approval, the following bill. and we can deny those rogue states the (RIN: 2120–AA64) received June 14, 2001, pur- H.R. 1914. To extend for 4 additional suant to 5 U.S.C. 801(a)(1)(A); to the Com- chance of harming Russians or Ameri- months the period for which chapter 12 of mittee on Transportation and Infrastruc- cans or others of our allies by working title 11 of the United States Code is reen- ture. together. acted. 2574. A letter from the Program Analyst, Mr. Speaker, I ask my colleagues to FAA, Department of Transportation, trans- join President Bush in this effort; and f mitting the Department’s final rule—Air- I applaud him for his meeting with worthiness Directives; McDonnell Douglas ADJOURNMENT Model MD–11 Series Airplanes [Docket No. President Putin, and I look forward to Mr. WELDON of Pennsylvania. Mr. 2000–NM–31–AD; Amendment 39–12018; AD our meeting tomorrow with the leaders Speaker, I move that the House do now 2000–24–11] (RIN: 2120–AA64) received June 14, of the Russian Duma. adjourn. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the f Committee on Transportation and Infra- The motion was agreed to; accord- structure. REPORT ON RESOLUTION PRO- ingly (at 10 o’clock and 38 minutes 2575. A letter from the Program Analyst, VIDING FOR CONSIDERATION OF p.m.), the House adjourned until FAA, Department of Transportation, trans- H.R. 2216, SUPPLEMENTAL AP- Wednesday, June 20, 2001, at 10 a.m. mitting the Department’s final rule—Air- worthiness Directives; Fairchild Aircraft, PROPRIATIONS FOR FISCAL f YEAR 2001 Inc., SA226 Series and SA227 Series Airplanes EXECUTIVE COMMUNICATIONS, [Docket No. 2000–CE–41–AD; Amendment 39– Mr. SESSIONS (during Special Order 11885; AD 2000–17–11] (RIN: 2120–AA64) re- ETC. of Mr. WELDON of Pennsylvania), from ceived June 14, 2001, pursuant to 5 U.S.C. the Committee on Rules, submitted a Under clause 8 of rule XII, executive 801(a)(1)(A); to the Committee on Transpor- privileged report (Rept. No. 107–105) on communications were taken from the tation and Infrastructure. Speaker’s table and referred as follows: 2576. A letter from the Program Analyst, the resolution (H. Res. 171) providing FAA, Department of Transportation, trans- for consideration of the bill (H.R. 2216) 2567. A letter from the the Director, the Of- mitting the Department’s final rule—Air- making supplemental appropriations fice of Management and Budget, transmit- worthiness Directives; Pratt & Whitney for the fiscal year ending September 30, ting the cumulative report on rescissions PW4000 Series Turbofan Engines [Docket No. 2001, and for other purposes, which was and deferrals of budget authority as of June 2000–NE–47–AD; Amendment 39–11947; AD referred to the House Calendar and or- 1, 2001, pursuant to 2 U.S.C. 685(e); (H. Doc. 2000–22–01] (RIN: 2120–AA64) received June 14, No. 107–89); to the Committee on Appropria- dered to be printed. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the tions and ordered to be printed. Committee on Transportation and Infra- f 2568. A letter from the Senior Legal Advi- structure. LEAVE OF ABSENCE sor to the Bureau Chief, Mass Media Bureau, 2577. A letter from the Program Analyst, Federal Communications Commission, trans- FAA, Department of Transportation, trans- By unanimous consent, leave of ab- mitting the Commission’s final rule— mitting the Department’s final rule—Air- sence was granted to: Amendment of Section 73.606(b), Table of Al- worthiness Directives; Raytheon Model

VerDate 19-JUN-2001 04:36 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K19JN7.099 pfrm01 PsN: H19PT1 H3258 CONGRESSIONAL RECORD — HOUSE June 19, 2001 BH.125, DH.125, and HS.125 Series Airplanes mittee on Transportation and Infrastruc- By Mr. TIBERI: [Docket No. 99–NM–345–AD; Amendment 39– ture. H.R. 2212. A bill to make the income tax 11943; AD 2000–21–11] (RIN: 2120–AA64) re- 2586. A letter from the Program Analyst, rate reductions in the Economic Growth and ceived June 14, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Tax Relief Reconciliation Act of 2001 perma- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- nent; to the Committee on Ways and Means. tation and Infrastructure. worthiness Directives; General Electric Com- By Mr. COMBEST: 2578. A letter from the Program Analyst, pany CF34 Series Turbofan Engines [Docket H.R. 2213. A bill to respond to the con- FAA, Department of Transportation, trans- No. 2000–NE–42–AD; Amendment 39–12229; AD tinuing economic crisis adversely affecting mitting the Department’s final rule—Air- 2001–10–03] (RIN: 2120–AA64) received June 14, American agricultural producers; to the worthiness Directives; Bell Helicopter Tex- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. tron, Inc. Model 47B, 47B–3, 47D, 47D–1, 47G, Committee on Transportation and Infra- By Mr. ANDREWS: 47G–2, 47G2A, 47G–2A–1, 47G–3, 47G–3B, 47G– structure. H.R. 2214. A bill to amend title 10, United 3B–1, 47G–3B–2, 47G–3B–2A, 47G–4, 47G–4A, 2587. A letter from the Program Analyst, States Code, to provide for the Air Force As- 47G–5, 47G–5A, 47H–1, 47J, 47J–2, 47J–2A, and FAA, Department of Transportation, trans- sistant Surgeon General for Dental Services 47K Helicopters [Docket No. 2000–SW–35–AD; mitting the Department’s final rule—Air- to serve in the grade of major general; to the Amendment 39–11983; AD 2000–18–51] (RIN: worthiness Directives; General Electric Com- Committee on Armed Services. 2120–AA64) received June 14, 2001, pursuant to pany CF6–80C2 Turbofan Engines [Docket No. By Mr. SENSENBRENNER (for himself 5 U.S.C. 801(a)(1)(A); to the Committee on 2001–NE–05–AD; Amendment 39–12233; AD and Mr. CONYERS): Transportation and Infrastructure. 2001–10–07] (RIN: 2120–AA64) received June 14, H.R. 2215. A bill to authorize appropria- 2579. A letter from the Program Analyst, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the tions for the Department of Justice for fiscal FAA, Department of Transportation, trans- Committee on Transportation and Infra- year 2002, and for other purposes; to the mitting the Department’s final rule—Air- structure. Committee on the Judiciary. worthiness Directives; Boeing Model 747 Se- 2588. A letter from the Program Analyst, By Mr. YOUNG of Florida: ries Airplanes Powered By Pratt & Whitney FAA, Department of Transportation, trans- H.R. 2216. A bill making supplemental ap- JT9D–7 Series Engines [Docket No. 2000–NM– mitting the Department’s final rule—Air- propriations for the fiscal year ending Sep- 270–AD; Amendment 39–11886; AD 2000–18–01] worthiness Directives; General Electric Com- tember 30, 2001, and for other purposes. (RIN: 2120–AA64) received June 14, 2001, pur- pany CF34 Series Turbofan Engines [Docket By Mr. SKEEN: suant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 99–NE–49–AD; Amendment 39–12228; AD H.R. 2217. A bill making appropriations for mittee on Transportation and Infrastruc- 2000–03–03 R1] (RIN: 2120–AA64) received June the Department of the Interior and related ture. 14, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to agencies for the fiscal year ending Sep- 2580. A letter from the Program Analyst, the Committee on Transportation and Infra- tember 30, 2002, and for other purposes. FAA, Department of Transportation, trans- structure. By Mr. ANDREWS: mitting the Department’s final rule—Air- H.R. 2218. A bill to amend the Occupational worthiness Directives; Boeing Model 737, 747, f Safety and Health Act of 1970 to provide for 757, 767, and 777 Series Airplanes [Docket No. REPORTS OF COMMITTEES ON PUBLIC coverage under that Act of employees of 2001–NM–81–AD; Amendment 39–12240; AD BILLS AND RESOLUTIONS States and political subdivisions of States; 2001–10–14] (RIN: 2120–AA64) received June 14, Under clause 2 of rule XIII, reports of to the Committee on Education and the 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the committees were delivered to the Clerk Workforce. Committee on Transportation and Infra- for printing and reference to the proper By Mr. CAMP (for himself, Mr. MCGOV- ERN, Mr. RAMSTAD, Mr. LEWIS of structure. calendar, as follows: 2581. A letter from the Program Analyst, Georgia, Mr. FOLEY, Mrs. THURMAN, FAA, Department of Transportation, trans- Mr. YOUNG of Florida: Committee on Ap- Mr. MATSUI, Mr. ROGERS of Michigan, mitting the Department’s final rule—Air- propriations. H.R. 2216. A bill making supple- and Mr. BARTLETT of Maryland): worthiness Directives; American Champion mental appropriations for the fiscal year H.R. 2219. A bill to amend the Internal Rev- Aircraft Corporation 7, 8, and 11 Series Air- ending September 30, 2001, and for other pur- enue Code of 1986 to allow the Hope Scholar- planes [Docket No. 98–CE–121–AD; Amend- poses (Rept. 107–102). Referred to the Com- ship Credit to cover fees, books, supplies, and ment 39–12036; AD 2000–25–02] (RIN: 2120– mittee of the Whole House on the State of equipment and to exempt Federal Pell AA64) received June 14, 2001, pursuant to 5 the Union. Grants and Federal supplemental edu- U.S.C. 801(a)(1)(A); to the Committee on Mr. SKEEN: Committee on Appropriations. cational opportunity grants from reducing Transportation and Infrastructure. H.R. 2217. A bill making appropriations for expenses taken into account for the Hope 2582. A letter from the Program Analyst, the Department of the Interior and related Scholarship Credit; to the Committee on FAA, Department of Transportation, trans- agencies for the fiscal year ending Sep- Ways and Means. mitting the Department’s final rule—Air- tember 30, 2002, and for other purposes (Rept. By Mr. CAMP (for himself, Mrs. THUR- worthiness Directives; McDonnell Douglas 107–103). Referred to the Committee of the MAN, Mr. HAYWORTH, Mr. LEWIS of Model DC–9–80 Series Airplanes and Model Whole House on the State of the Union. Georgia, Mr. PICKERING, Mr. HALL of MD–88 Airplanes [Docket No. 99–NM–164–AD; Mr. YOUNG of Florida: Committee on Ap- Texas, Mr. ENGLISH, Mr. RANGEL, Mr. Amendment 39–12225; AD 2001–09–18] (RIN: propriations. Suballocation of Budget Allo- MCDERMOTT, and Mr. KLECZKA): 2120–AA64) received June 14, 2001, pursuant to cations for Fiscal Year 2001 (Rept. 107–104). H.R. 2220. A bill to amend title XVIII of the 5 U.S.C. 801(a)(1)(A); to the Committee on Referred to the Committee of the Whole Social Security Act to provide for payment Transportation and Infrastructure. House on the State of the Union. under the Medicare Program for four hemo- 2583. A letter from the Program Analyst, Mrs. MYRICK: Committee on Rules. House dialysis treatments per week for certain pa- FAA, Department of Transportation, trans- Resolution 171. Resolution providing for con- tients, to provide for an increased update in mitting the Department’s final rule—Air- sideration of the bill (H.R. 2216) making sup- the composite payment rate for dialysis worthiness Directives; Sikorsky Aircraft plemental appropriations for the fiscal year treatments, and for other purposes; to the Corporation Model S–76A, S–76B, and S–76C ending September 30, 2001, and for other pur- Committee on Energy and Commerce, and in Helicopters [Docket No. 2001–SW–05–AD; poses (Rept. 107–105). Referred to the House addition to the Committee on Ways and Amendment 39–12232; AD 2001–10–06] (RIN: Calendar. Means, for a period to be subsequently deter- 2120–AA64) received June 14, 2001, pursuant to f mined by the Speaker, in each case for con- 5 U.S.C. 801(a)(1)(A); to the Committee on sideration of such provisions as fall within Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS the jurisdiction of the committee concerned. 2584. A letter from the Program Analyst, Under clause 2 of rule XII, public By Ms. DEGETTE: FAA, Department of Transportation, trans- bills and resolutions were introduced H.R. 2221. A bill to ban the import of large mitting the Department’s final rule—Air- capacity ammunition feeding devices, to pro- worthiness Directives; Air Tractor, Inc. AT– and severally referred, as follows: mote the safe storage and use of handguns by 400, AT–500, and AT–800 Series Airplanes By Mr. LANTOS (for himself, Mrs. consumers, and to extend Brady background [Docket No. 2000–CE–72- AD; Amendment 39– MORELLA, Mr. GILMAN, Mr. STARK, checks to gun shows; to the Committee on 12230; AD 2001–10–04] (RIN: 2120–AA64) re- Ms. ROS-LEHTINEN, Ms. PELOSI, Mr. the Judiciary. ceived June 14, 2001, pursuant to 5 U.S.C. SMITH of New Jersey, Mr. PAYNE, Mr. By Mr. FILNER: 801(a)(1)(A); to the Committee on Transpor- ROHRABACHER, Mr. KUCINICH, Mr. H.R. 2222. A bill to amend title 38, United tation and Infrastructure. PITTS, Mr. DELAHUNT, Mr. ANDREWS, States Code, to make certain improvements 2585. A letter from the Program Analyst, Mr. ABERCROMBIE, Ms. KAPTUR, Mr. to the Servicemembers’ Group Life Insur- FAA, Department of Transportation, trans- CAPUANO, Mr. EVANS, Mr. MCGOVERN, ance life insurance program for members of mitting the Department’s final rule—Air- Mr. FARR of California, Mr. WYNN, the Armed Forces, and for other purposes; to worthiness Directives; Lockhead Model L– and Ms. SCHAKOWSKY): the Committee on Veterans’ Affairs. 1011–385 Series Airplanes [Docket No. 98–NM– H.R. 2211. A bill to prohibit the importa- By Mr. FILNER: 314–AD; Amendment 39–11884; AD 2000–17–10] tion of any article that is produced, manu- H.R. 2223. A bill to amend chapter 51 of (RIN: 2120–AA64) received June 14, 2001, pur- factured, or grown in Burma; to the Com- title 38, United States Code, to pay certain suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Ways and Means. benefits received by veterans through the

VerDate 19-JUN-2001 04:24 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\L19JN7.000 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3259 date of their death rather than through the the State of Arizona; to the Committee on By Mr. BILIRAKIS (for himself, Mr. last day of the preceding month; to the Com- Resources. GILMAN, Mrs. MALONEY of New York, mittee on Veterans’ Affairs. By Mr. PETRI (for himself, Mr. AN- Ms. ROS-LEHTINEN, Mr. ENGEL, Mr. By Mr. FORD: DREWS, Mr. ISAKSON, Ms. WOOLSEY, PALLONE, Ms. BERKLEY, Mr. DIAZ- H.R. 2224. A bill to amend the Low-Income Mr. PAUL, Mr. LAHOOD, and Mr. BALART, Ms. LEE, Mr. CROWLEY, Mr. Energy Assistance Act of 1981 to provide sup- HUTCHINSON): MENENDEZ, Mrs. CAPPS, Ms. ESHOO, plemental funds for States with programs to H.R. 2235. A bill to authorize the Secretary Mr. WAMP, Mr. DOYLE, Mr. KIRK, Mr. facilitate the collection of private donations of Labor to establish voluntary protection SMITH of New Jersey, Mr. KNOLLEN- by utilities to be used for payment of the programs; to the Committee on Education BERG, Mr. ANDREWS, Mr. VISCLOSKY, utility bills, and for other purposes; to the and the Workforce. Mr. MATSUI, Mr. BLAGOJEVICH, Mr. Committee on Energy and Commerce, and in By Mr. RADANOVICH: CAPUANO, Mrs. NAPOLITANO, Mr. addition to the Committees on Financial H.R. 2236. A bill to amend the Workforce PAYNE, Mrs. MORELLA, Mr. COYNE, Services, and Education and the Workforce, Investment Act of 1998 to expand the flexi- Mr. HINCHEY, Mr. KING, Mrs. MYRICK, for a period to be subsequently determined bility of customized training, and for other Mr. HORN, Mr. BROWN of Ohio, Ms. by the Speaker, in each case for consider- purposes; to the Committee on Education PELOSI, Mr. KENNEDY of Rhode Is- ation of such provisions as fall within the ju- and the Workforce. land, Mr. SHERMAN, Ms. MCKINNEY, risdiction of the committee concerned. By Mr. RAMSTAD (for himself, Mr. Mr. MCGOVERN, Mr. TIERNEY, Mr. By Mr. GILLMOR: GUTKNECHT, Mr. KENNEDY of Min- H.R. 2225. A bill to prohibit certain elec- STARK, Mr. LEWIS of California, Mr. nesota, Ms. MCCOLLUM, Mr. SABO, Mr. tion-related activities by foreign nationals; BAIRD, Mr. BLUMENAUER, Mr. GEKAS, LUTHER, Mr. PETERSON of Minnesota, to the Committee on House Administration. and Mr. ACKERMAN): Mr. OBERSTAR, and Mr. ROGERS of By Mr. GILLMOR: H. Con. Res. 164. Concurrent resolution ex- H.R. 2226. A bill to amend the Federal Elec- Michigan): pressing the sense of Congress that security, H.R. 2237. A bill to amend the Internal Rev- tion Campaign Act of 1971 to protect the reconciliation, and prosperity for all Cyp- enue Code of 1986 to provide that the con- equal participation of eligible voters in cam- riots can be best achieved within the context paigns for election for Federal office; to the ducting of certain games of chance shall not of membership in the European Union which Committee on House Administration. be treated as an unrelated trade or business; will provide significant rights and obliga- By Mr. GONZALEZ: to the Committee on Ways and Means. tions for all Cypriots, and for other purposes; H.R. 2227. A bill to amend title 10, United By Mr. ROGERS of Kentucky (for him- to the Committee on International Rela- States Code, to give certain rights to Depart- self and Mr. HILLEARY): tions. ment of Defense employees with respect to H.R. 2238. A bill to authorize the Secretary By Ms. MILLENDER-MCDONALD: actions or determinations under Office of of the Interior to acquire Fern Lake and the H. Con. Res. 165. Concurrent resolution ex- Management and Budget Circular A0976; to surrounding watershed in the States of Ken- pressing the sense of the Congress that con- the Committee on Armed Services, and in tucky and Tennessee for addition to Cum- tinual research and education into the cause addition to the Committees on the Judici- berland Gap National Historical Park, and and cure for fibroid cancer be addressed; to ary, and Government Reform, for a period to for other purposes; to the Committee on Re- the Committee on Energy and Commerce. be subsequently determined by the Speaker, sources. By Mr. PALLONE (for himself, Mr. in each case for consideration of such provi- By Ms. ROYBAL-ALLARD (for herself, BACA, Mr. FROST, Mr. FILNER, Ms. sions as fall within the jurisdiction of the Mr. REYES, Mr. PASTOR, Ms. SOLIS, MCKINNEY, Mr. ROHRABACHER, Mr. committee concerned. Mr. BACA, Mrs. NAPOLITANO, Mr. KILDEE, Mr. CROWLEY, Ms. JACKSON- By Mr. GREEN of Wisconsin: RODRIGUEZ, Mr. ACEVEDO-VILA, Mr. LEE of Texas, Mr. FALEOMAVAEGA, H.R. 2228. A bill to establish a program of BECERRA, Mr. ORTIZ, Mr. SERRANO, Mr. GEORGE MILLER of California, Mr. assistance to families of passengers and crew Mr. HINOJOSA, Mr. GONZALEZ, Mr. HAYWORTH, Ms. LEE, Mr. RANGEL, Ms. members involved in maritime disasters; to GUTIERREZ, Mr. UNDERWOOD, Mr. SCHAKOWSKY, and Ms. CARSON of Indi- the Committee on Transportation and Infra- MENENDEZ, Ms. VELAZQUEZ, and Ms. ana): structure. SANCHEZ): H. Con. Res. 166. Concurrent resolution rec- By Mrs. JOHNSON of Connecticut: H.R. 2239. A bill to reform certain laws af- ognizing the invaluable contribution of Na- H.R. 2229. A bill to amend the Internal Rev- fecting child labor, and for other purposes; to tive American Veterans and honoring their enue Code of 1986 to provide that the un- the Committee on Education and the Work- service to the Nation; to the Committee on earned income of children attributable to force, and in addition to the Committee on Armed Services. personal injury awards shall not be taxed at Agriculture, for a period to be subsequently the marginal rate of the parents; to the Com- By Mr. GRUCCI (for himself, Mrs. determined by the Speaker, in each case for MALONEY of New York, Mr. KING, Mr. mittee on Ways and Means. consideration of such provisions as fall with- By Mr. KING: CROWLEY, Mr. MEEKS of New York, in the jurisdiction of the committee con- Mr. HINCHEY, Mr. ISRAEL, Mr. GIL- H.R. 2230. A bill to amend section 211 of the cerned. Clean Air Act to prohibit the use of the fuel MAN, Mr. PASCRELL, Mr. MCHUGH, By Mr. SCARBOROUGH: Mrs. MCCARTHY of New York, Mr. additive MTBE in gasoline; to the Com- H.R. 2240. A bill to designate the facility of SWEENEY, Mr. WALSH, Mr. FOSSELLA, mittee on Energy and Commerce. the United States Postal Service located at and Mr. ACKERMAN): By Ms. LOFGREN: 3719 Highway 4 in Jay, Florida, as the ‘‘Jo- H.R. 2231. A bill to amend title 35, United H. Res. 172. A resolution honoring John J. seph W. Westmoreland Post Office Building’’; States Code, with respect to patent reexam- Downing, Brian Fahey, and Harry Ford, who to the Committee on Government Reform. ination proceedings; to the Committee on lost their lives in the course of duty as fire- the Judiciary. By Mr. TRAFICANT: fighters; to the Committee on Government H.R. 2241. A bill to amend the Fair Labor By Ms. MILLENDER-MCDONALD (for Reform. Standards Act of 1938 to increase the min- herself, Mr. NETHERCUTT, Ms. imum wage; to the Committee on Education f DEGETTE, Mr. DAVIS of Illinois, and and the Workforce. Ms. JACKSON-LEE of Texas): MEMORIALS H.R. 2232. A bill to provide, with respect to By Mr. TRAFICANT: H.R. 2242. A bill to amend title 5, United Under clause 3 of rule XII, diabetes in minority populations, for an in- crease in the extent of activities carried out States Code, to establish Flag Day as a legal 114. The SPEAKER presented a memorial by the Centers for Disease Control and Pre- public holiday; to the Committee on Govern- of the Legislature of the State of Louisiana, ment Reform. relative to Senate Concurrent Resolution vention and the National Institutes of ´ Health; to the Committee on Energy and By Ms. VELAZQUEZ: No. 134 memorializing the United States Commerce. H.R. 2243. A bill to amend section 3 of the Congress to expand and fund federal agricul- By Mr. NADLER (for himself and Mr. Housing and Urban Development Act of 1968 tural conservation programs, including the to ensure improved access to employment HINCHEY): Conservation Reserve, Wetlands Reserve, En- H.R. 2233. A bill assist municipalities and opportunities for low-income people; to the vironmental Quality Incentives, Wildlife local communities to explore and determine Committee on Financial Services. Habitat Improvement, and Forestry Incen- options for the alternative provision of elec- By Mr. WOLF (for himself, Mr. SHAYS, tives Programs; to the Committee on Agri- tricity and to create new public power sys- Mr. TIAHRT, Mr. RILEY, and Mr. culture. EHLERS): tems, and for other purposes; to the Com- f mittee on Energy and Commerce, and in ad- H.R. 2244. A bill to amend the Indian Gam- dition to the Committee on Ways and Means, ing Regulatory Act to require State legisla- PRIVATE BILLS AND for a period to be subsequently determined ture approval of new gambling facilities, to RESOLUTIONS by the Speaker, in each case for consider- provide for minimum requirements for Fed- ation of such provisions as fall within the ju- eral regulation of Indian gaming, to set up a Under clause 3 of rule XII, risdiction of the committee concerned. commission to report to Congress on current Mr. LANTOS introduced a bill (H.R. 2245) By Mr. PASTOR: living and health standards in Indian coun- for the relief of Anisha Goveas Foti; which H.R. 2234. A bill to revise the boundary of try, and for other purposes; to the Com- was referred to the Committee on the Judici- the Tumacacori National Historical Park in mittee on Resources. ary.

VerDate 19-JUN-2001 04:24 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\L19JN7.100 pfrm01 PsN: H19PT1 H3260 CONGRESSIONAL RECORD — HOUSE June 19, 2001 ADDITIONAL SPONSORS H.R. 1109: Mr. RILEY, Mr. VITTER, Mr. H.R. 1770: Mr. PASCRELL. TOOMEY, Mr. SMITH of Texas, Mr. CALLAHAN, H.R. 1773: Ms. MCKINNEY. Under clause 7 of rule XII, sponsors and Mr. GILCHREST. H.R. 1780: Mr. DOYLE, Mr. GEKAS, and Mr. were added to public bills and resolu- H.R. 1110: Mr. LINDER and Mr. HOEKSTRA. EVANS. tions as follows: H.R. 1111: Mr. WAXMAN, Mr. FROST, and Mr. H.R. 1786: Mr. REHBERG, Mr. SHOWS, and H.R. 7: Mr. KELLER, Mr. BARTON of Texas, MATHESON. Mr. BARCIA. and Mr. DEMINT. H.R. 1121: Mr. ROSS. H.R. 1793: Mr. SCHROCK. H.R. 17: Ms. BALDWIN. H.R. 1139: Mr. HAYWORTH and Mr. HUNTER. H.R. 1795: Mr. PALLONE, Mr. BENTSEN, and H.R. 68: Mr. MANZULLO. H.R. 1170: Mr. ACEVEDO-VILA and Mr. Mr. KIRK. H.R. 85: Mr. MCHUGH and Mr. GONZALEZ. MCDERMOTT. H.R. 1798: Mr. LATOURETTE and Mr. KLECZ- H.R. 91: Mr. BALDACCI, Mr. NEY, and Mr. H.R. 1176: Mr. SCHIFF and Mr. MATHESON. KA. HOSTETTLER., H.R. 1194: Mr. BACA. H.R. 1815: Mr. BARTLETT of Maryland, Mr. H.R. 159: Mr. SCHROCK and Mr. ISAKSON. H.R. 1202: Mr. TURNER, Mr. WEINER, Mr. FERGUSON, Mr. GILMAN, Mrs. MORELLA, Mr. H.R. 162: Mr. FROST and Ms. KILPATRICK. ENGLISH, Mr. CARSON of Oklahoma, Mr. SAXTON, Mr. ANDREWS, Mr. BALDACCI, Mr. H.R. 190: Mr. BOUCHER. LARSON of Connecticut, Ms. MCKINNEY, Mr. BAIRD, Ms. BERKLEY, Mr. BLUMENAUER, Mr. H.R. 250: Mr. KINGSTON, Ms. CARSON of Indi- WEXLER, Mr. JENKINS, Mr. RYAN of Wis- CAPUANO, Ms. DEGETTE, Ms. DELAURO, MS. ana, Mr. GEKAS, and Mr. PITTS. consin, Mr. GILMAN, Ms. CARSON of Indiana, ESHOO, Mr. FATTAH, Mr. FILNER, Mr. FORD, H.R. 267: Mr. KENNEDY of Minnesota and and Mrs. DAVIS of California. Mr. FRANK, Mr. GUTIERREZ, Mr. HINCHEY, Ms. Mr. MORAN of Virginia. H.R. 1220: Mr. BURTON of Indiana. HOOLEY of Oregon, Mr. ISRAEL, Ms. LEE, Mr. H.R. 280: Mr. SAXTON. H.R. 1262: Mr. COSTELLO. MALONEY of Connecticut, Mr. MARKEY, Mr. H.R. 281: Ms. CARSON of Indiana and Mr. H.R. 1291: Mr. PASCRELL and Mr. OSBORNE. MCDERMOTT, Mr. MCGOVERN, Ms. MCKINNEY, UPTON. H.R. 1304: Mr. BLAGOJEVICH, Mr. INSLEE, Ms. MILLENDER-MCDONALD, Mr. GEORGE MIL- H.R. 303: Mr. DAVIS of Illinois, Mr. BOYD, and Mr. OBERSTAR. LER of California, Mr. NADLER, Ms. SLAUGH- Ms. ESHOO, and Mr. THOMPSON of Mississippi. H.R. 1305: Mr. GORDON, Mr. TOM DAVIS of TER, Mrs. TAUSCHER, Mr. TIERNEY, Ms. WOOL- H.R. 323: Mr. KLECZKA, Mr. SIMMONS, Mr. Virginia, Mr. MANZULLO, and Mr. LOBIONDO. SEY, and Mr. SANDERS. BISHOP, Ms. DELAURO, Ms. MCKINNEY, Mrs. H.R. 1340: Ms. JACKSON-LEE of Texas. H.R. 1842: Ms. SCHAKOWSKY, Mr. KUCINICH, NAPOLITANO, Mr. BONIOR, and Ms. CARSON of ATHESON H.R. 1343: Mr. M . and Mrs. THURMAN. Indiana. H.R. 1350: Mr. WATT of North Carolina. H.R. 1847: Mr. OWENS. H.R. 331: Mr. CULBERSON. H.R. 1351: Mr. RYAN of Wisconsin, Mrs. H.R. 1851: Mr. SCHIFF. H.R. 369: Mr. KELLER. APITO C OVERN ILDEE C , Mr. M G , Mr. K , and Ms. H.R. 1864: Mr. TERRY. H.R. 479: Mr. HOLDEN. BALDWIN. H.R. 1882: Mr. OWENS, Ms. MCKINNEY, Mr. H.R. 480: Mr. HOLDEN. H.R. 1353: Mr. GILLMOR, Mr. LATOURETTE, UNDERWOOD, Mrs. CHRISTENSEN, Mr. FROST, H.R. 482: Ms. HART. Mr. WELLER, Ms. PRYCE of Ohio, Mr. PICK- and Mr. FALEOMAVAEGA. H.R. 488: Mr. CUMMINGS and Mr. HALL of ERING, Ms. JACKSON-LEE of Texas, and Mr. Ohio. H.R. 1887: Mrs. JO ANN DAVIS of Virginia SWEENEY. and Mr. WOLF. H.R. 500: Mr. JACKSON of Illinois and Mr. A ALCE H.R. 1354: Mr. L F . H.R. 1908: Mr. GRAVES. WU. H.R. 1371: Mr. MCGOVERN. H.R. 1911: Mr. GOODE and Mr. RAHALL. H.R. 504: Mr. KUCINICH, Ms. SANCHEZ, Mr. H.R. 1377: Mr. BILIRAKIS and Mr. ARMEY. H.R. 1922: Mr. PASCRELL. BOYD, and Mr. BACA. H.R. 1381: Mr. WEXLER. H.R. 1927: Mr. UPTON and Mr. EHLERS. H.R. 526: Ms. WATERS, Mr. HILLIARD, and H.R. 1382: Mr. PAYNE and Mr. BAIRD. H.R. 1939: Mr. FROST. Mr. HOLT. H.R. 1388: Ms. MCCOLLUM, Mr. NETHERCUTT, H.R. 1945: Mr. MCGOVERN. H.R. 527: Mr. HYDE. Mrs. MYRICK, Mr. GRAVES, Ms. HOOLEY of Or- H.R. 1950: Mr. DEAL of Georgia. H.R. 556: Mr. PETRI. egon, and Mr. SANDERS. LUNT H.R. 1954: Mr. BRADY of Pennsylvania, Mr. H.R. 572: Mr. B . H.R. 1391: Ms. MILLENDER-MCDONALD. H.R. 600: Mr. RAHALL, Mr. TERRY, Mr. KILDEE, Mr. MALONEY of Connecticut, Mrs. H.R. 1392: Ms. MILLENDER-MCDONALD. MINK of Hawaii, Mr. GREENWOOD, Mr. ABER- FRELINGHUYSEN, Ms. MCCOLLUM, and Mr. H.R. 1393: Ms. MILLENDER-MCDONALD. CROMBIE, and Mr. PETERSON of Pennsylvania. WEINER. H.R. 1394: Ms. MILLENDER-MCDONALD. H.R. 1961: Mr. BURR of North Carolina. H.R. 612: Mr. WU, Mr. BARCIA, Mr. HALL of H.R. 1395: Ms. MILLENDER-MCDONALD. H.R. 1974: Mr. LEWIS of California. Ohio, Mrs. NAPOLITANO, and Mr. SAXTON. H.R. 1396: Ms. MILLENDER-MCDONALD. H.R. 1979: Mr. LAHOOD, Mr. ADERHOLT, Mr. H.R. 632: Ms. NORTON and Mr. PALLONE. H.R. 1397: Ms. MILLENDER-MCDONALD. H.R. 647: Mr. HEFLEY and Mr. TANCREDO. H.R. 1400: Mr. EDWARDS. KINGSTON, Mr. PETERSON of Pennsylvania, H.R. 652: Mr. EVANS and Mr. HILLIARD. H.R. 1405: Ms. SANCHEZ. Mr. BONILLA, Mr. TIAHRT, Mr. MCHUGH, Mr. H.R. 653: Mr. PETRI. H.R. 1406: Mrs. TAUSCHER. BARTLETT of Maryland, Mr. STUMP, Mr. H.R. 717: Mr. CONDIT and Mr. BARTON of H.R. 1433: Mr. PRICE of North Carolina. NETHERCUTT, Mr. DEMINT, Mr. CANNON, Mr. Texas. H.R. 1434: Mr. TIERNEY. HUTCHINSON, and Mr. HERGER. H.R. 747: Ms. SCHAKOWSKY and Mr. BACA. H.R. 1443: Ms. DELAURO. H.R. 1980: Mr. MCHUGH, Mr. KING, and Mr. H.R. 786: Ms. VELAZQUEZ and Mr. MATSUI. H.R. 1462: Mr. HASTINGS of Washington. SIMMONS. H.R. 814: Ms. SCHAKOWSKY. H.R. 1468: Mr. ALLEN. H.R. 1986: Mr. BISHOP and Mr. LATHAM. H.R. 817: Mrs. NORTHUP. H.R. 1485: Mrs. ROUKEMA. H.R. 1990: Mr. MORAN of Virginia. H.R. 818: Mr. PALLONE and Mr. WEINER. H.R. 1488: Mr. HOEFFEL. H.R. 1992: Mr. ANDREWS and Mr. SMITH of H.R. 822: Mr. FLETCHER. H.R. 1496: Mrs. MORELLA. Texas. H.R. 831: Mr. COOKSEY, Mr. DEFAZIO, Mr. H.R. 1517: Mr. UPTON and Mr. SPRATT. H.R. 1993: Mr. BAKER, Mr. GREENWOOD, and BARRETT, Ms. LEE, Mr. BROWN of Ohio, Mr. H.R. 1543: Ms. CARSON of Indiana. Mr. MCINNIS. MORAN of Virginia, Mr. BRADY of Pennsyl- H.R. 1553: Mr. BLUMENAUER, Mrs. H.R. 2001: Mr. EHLERS, Mr. SCHAFFER, Mr. vania, Mr. SCHIFF, Mr. LATHAM, Mr. GOODE, NAPOLITANO, and Mrs. MORELLA. STUMP, Mr. BISHOP, and Mr. TAUZIN. Mr. LAFALCE, Mr. SCHAFFER, and Ms. H.R. 1556: Mr. HINCHEY, Mr. LOBIONDO, and H.R. 2005: Mr. MCGOVERN, Ms. NORTON, and SANCHEZ. Mr. GRUCCI. Mr. WAXMAN. H.R. 839: Ms. ESHOO. H.R. 1607: Mr. PAUL. H.R. 2018: Mr. CANTOR, Ms. WATERS, Mr. H.R. 843: Mr. MCGOVERN and Mr. MEEKS of H.R. 1609: Mr. CARSON of Oklahoma, Mr. TANCREDO, Mrs. MORELLA, Mr. LARGENT, Mr. New York. REYNOLDS, Mr. HINCHEY, Mr. SWEENEY, Ms. CUMMINGS, Mr. VITTER, Mr. SIMMONS, Ms. H.R. 912: Mr. TIBERI and Mr. ACEVEDO-VILA. HART, and Mr. FORD KAPTUR, and Mrs. ROUKEMA. H.R. 950: Mr. HAYWORTH. H.R. 2064: Mr. PASCRELL. H.R. 952: Mrs. LOWEY, Mr. MCCRERY, and H.R. 1624: Mr. LIPINSKI, Mr. WELDON of H.R. 2074: Mr. BARRETT, Ms. KILPATRICK, Mr. SCHAKOWSKY. Florida, Mr. WALSH, Mr. DUNCAN, Mr. H.R. 954: Mr. PRICE of North Carolina. GALLEGLY, Mr. PRICE of North Carolina, Mr. and Mrs. CAPPS. H.R. 969: Mr. CUNNINGHAM. WELDON of Pennsylvania, Mr. UDALL of New H.R. 2081: Mr. CASTLE and Mr. WEINER. H.R. 978: Mr. OWENS. Mexico, and Mr. COYNE. H.R. 2097: Mr. SANDLIN, Mrs. MORELLA, Mr. H.R. 1008: Mr. SIMMONS and Mr. BARR of H.R. 1644: Mr. SAM JOHNSON of Texas. CONYERS, Mr. DEFAZIO, and Mrs. JONES of Georgia. H.R. 1672: Ms. CARSON of Indiana, Mr. Ohio. H.R. 1073: Mr. HOYER, Mr. HORN, Mr. BRY- CARDIN, Mr. BARRETT, Mr. SHERMAN, and Mr. H.R. 2103: Mr. HOBSON. ANT, and Mr. CONYERS. GORDON. H.R. 2104: Ms. MCCARTHY of Missouri, Mr. H.R. 1076: Mr. KANJORSKI, Mr. UNDERWOOD, H.R. 1704: Mrs. NORTHUP and Mr. WELDON of HASTINGS of Florida, and Mr. MEEKS of New Mr. MARKEY, Mr. REYES, and Mr. SAWYER. Florida. York. H.R. 1086: Ms. SCHAKOWSKY. H.R. 1707: Mr. SMITH of Texas. H.R. 2108: Mr. MEEKS of New York and Mr. H.R. 1089: Mr. VITTER. H.R. 1718: Mr. KIND, Mr. FARR of California, FILNER. H.R. 1090: Mr. HOLT, Mr. SHAW, Ms. JACK- Mr. DEMINT, Mrs. MORELLA, Mr. GILLMOR, H.R. 2109: Mr. HASTINGS of Florida, Mr. SON-LEE of Texas, and Mrs. NAPOLITANO. Mrs. CAPPS, Mr. BLUMENAUER, and Mr. SHER- DAVIS of Florida, and Mrs. THURMAN. H.R. 1097: Ms. LEE, Mr. BORSKI, Ms. JACK- MAN. H.R. 2112: Mr. EHLERS. SON-LEE of Texas, and Mr. GEORGE MILLER of H.R. 1739: Mr. CLAY, Ms. MCKINNEY, Mr. H.R. 2117: Ms. SLAUGHTER, Mr. ISAKSON, Mr. California. HOEFFEL, and Mr. HINCHEY. DOOLEY of California, and Mr. POMEROY.

VerDate 19-JUN-2001 04:36 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.051 pfrm01 PsN: H19PT1 June 19, 2001 CONGRESSIONAL RECORD — HOUSE H3261

H.R. 2118: Mr. WOLF, Mr. OWENS, Mrs. H. Con. Res. 142: Mrs. MEEK of Florida and H.R. 2172: Mr. WOLF, Mr. OWENS, Mr. NEAL MCCARTHY of New York, Mr. PALLONE, and Mr. ISRAEL. of Massachusetts, Mr. PALLONE, and Mrs. Mr. NEAL of Massachusetts. H. Con. Res. 152: Mr. EHLERS. MCCARTHY of New York. H.R. 2123: Ms. ROYBAL-ALLARD, Mrs. WIL- H. Con. Res. 154: Mr. GONZALEZ, Mr. PENCE, SON, Ms. CARSON of Indiana, and Mr. ORTIZ. and Mr. BACA. f H.R. 2134: Mr. LANTOS, Ms. SCHAKOWSKY, H. Con. Res. 163: Ms. NORTON. Mr. OWENS, Ms. JACKSON-LEE of Texas, and H. Res. 105: Mr. MCGOVERN. AMENDMENTS Mrs. JONES of Ohio. H. Res. 124: Mr. RADANOVICH, Ms. BROWN of Under clause 8 of rule XVIII, pro- H.R. 2143: Mr. HASTINGS of Washington, Mr. Florida, Mr. PUTNAM, Mr. OWENS, Mr. posed amendments were submitted as SENSENBRENNER, Mr. BURTON of Indiana, Mr. OSBORNE, Mr. KELLER, Mr. BROWN of South HAYWORTH, Mr. JONES of North Carolina, and Carolina, Mr. ROSS, Ms. McCollum, Mr. follows: Mr. WATTs of Oklahoma. PASCRELL, Ms. JACKSON-LEE of Texas, Mr. H.R. 2216 H.R. 2145: Mr. DELAHUNT, Mr. BROWN of LANGEVIN, Mrs. BIGGERT, and Mr. SCHROCK. OFFERED BY: MR. DEFAZIO Ohio, Ms. MILLENDER-MCDONALD, and Ms. H. Res. 139: Mr. PAYNE. AMENDMENT NO. 1: In chapter 1 of title I, in HART. H. Res. 152: Mr. BOSWELL, Ms. NORTON, Mr. the paragraph under the heading ‘‘Operation H.R. 2148: Mr. SNYDER and Ms. LOFGREN. LAFALCE, Mr. BLUMENAUER, Mr. GILMAN, and and Maintenance, Air Force’’, after the ag- H.R. 2149: Mr. ISAKSON, Mr. ROGERS of Mr. PETERSON of Minnesota. gregate dollar amount, insert the following: Michigan, Mr. SHIMKUS, Mr. FOSSELLA, Mr. H. Res. 160: Mr. GILMAN, Mr. PITTS, Mr. ‘‘(reduced by $24,500,000)’’. KERNS, Mr. BOEHNER, and Mr. BARTON of DELAY, Mrs. JO ANN DAVIS of Virginia, Mr. Texas. KING, Ms. LEE, Mr. HUNTER, Mr. BROWN of H.R. 2216 H.R. 2158: Mr. CAPUANO and Mr. WEINER. Ohio, Mr. DELAHUNT, Mr. LOBIONDO, Mr. OFFERED BY: MR. KUCINICH H.R. 2166: Mr. SANDERS and Mr. BONIOR. ISSA, Mr. ORTIZ, Mr. SENSENBRENNER, Mr. AMENDMENT NO. 2: In chapter 1 of title I, in H.R. 2167: Mr. LAFALCE and Mr. SAWYER. BARCIA, Mr. QUINN, Mr. FRELINGHUYSEN, Mr. the paragraph under the heading ‘‘Research, H.R. 2177: Mr. SMITH of Texas and Mr. SAXTON, Mr. TRAFICANT, Mr. SESSIONS, Mr. Development, Test and Evaluation, Air WATTS of Oklahoma. CUNNINGHAM, Mr. WELDON of Florida, Mr. Force’’, after the aggregate dollar amount, H.R. 2181: Mr. WICKER, Mr. HILLIARD, AND SIMMONS, Mr. WELDON of Pennsylvania, Mr. insert the following: ‘‘(reduced by MR. ABERCROMBIE. BACHUS, Mr. GUTKNECHT, Mr. GRAHAM, Mr. $55,000,000)’’. H.J. Res. 27: Mr. BARTLETT of Maryland. GANSKE, Mr. BROWN of South Carolina, and H.R. 2216 H.J. Res. 36: Mr. PENCE, Mr. PHELPS, Mr. Mr. VITTER. LANGEVIN, Mr. MILLER of Florida, Mr. REYES, H. Res. 168: Mr. WAXMAN. OFFERED BY: MR. SANDERS Mr. BERRY, Mr. SESSIONS, and Mr. HYDE. f AMENDMENT NO. 3: Title II, chapter 5, at H.J. Res. 42: Mr. BROWN of Ohio, Mr. SES- the end of the item relating to ‘‘DEPART- SIONS, Mrs. CAPPS, Ms. SOLIS, Mr. MATHESON, DELETIONS OF SPONSORS FROM MENT OF HEALTH AND HUMAN SERV- and Mr. HOLDEN. PUBLIC BILLS AND RESOLUTIONS ICES—Administration for Children and Fam- H. Con. Res. 36: Mr. NEAL of Massachusetts, Under clause 7 of rule XII, sponsors ilies Low Income Home Energy Assistance’’ Mr. LOBIONDO, Mr. BROWN of Ohio, Ms. KAP- insert the following: TUR, and Mr. ETHERIDGE. were deleted from public bills and reso- For ‘‘Low Income Home Energy Assist- H. Con. Res. 48: Mr. HOSTETTLER. lutions as follows: ance’’ under the Low-Income Home Energy H. Con. Res. 61: Mr. PHELPS and Mr. SHAYS. H.R. 877: Mr. SAXTON. Assistance Act of 1981 (42 U.S.C. 8621 et seq.) H. Con. Res. 64: Mr. HALL of Texas. H.R. 2188: Mr. FROST and Mr. WAXMAN. for fiscal year 2002, $2,000,000,000.

VerDate 19-JUN-2001 04:36 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A19JN7.059 pfrm01 PsN: H19PT1 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, TUESDAY, JUNE 19, 2001 No. 85 Senate The Senate met at 10 a.m. and was U.S. SENATE, RESERVATION OF LEADER TIME called to order by the Honorable PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- Washington, DC, June 19, 2001. THOMAS R. CARPER, a Senator from the pore. Under the previous order, the State of Delaware. To the Senate: Under the provisions of rule I, paragraph 3, leadership time is reserved. of the Standing Rules of the Senate, I hereby f PRAYER appoint the Honorable THOMAS R. CARPER, a MORNING BUSINESS The Chaplain, Dr. Lloyd John Senator from the State of Delaware, to per- Ogilvie, offered the following prayer: form the duties of the Chair. The ACTING PRESIDENT pro tem- Gracious Father, You have called us ROBERT C. BYRD, pore. Under the previous order, there to be creative thinkers. We begin this President pro tempore. will now be a period for the transaction day by yielding our thinking brains to Mr. CARPER thereupon assumed the of morning business not to extend be- Your magnificent creativity. You know chair as Acting President pro tempore. yond the hour of 11:30 a.m., with Sen- ators permitted to speak therein for up everything; You also know what is best f for us and the Nation You have en- to 10 minutes each. trusted to the care of this Senate. We RECOGNITION OF THE ACTING Under the previous order, the time are grateful that You not only are om- MAJORITY LEADER until 10:30 a.m. shall be under the con- niscient but also omnipresent. You are trol of the Senator from Arizona, Mr. The ACTING PRESIDENT pro tem- KYL. here in this Chamber and will be with pore. The Senator from Nevada. the Senators and their staffs wherever f this day’s responsibilities take them. f PRESIDENT BUSH’S EUROPEAN We take seriously the admonition of SCHEDULE TRIP Proverbs 16:3: ‘‘Commit your works to Mr. KYL. Mr. President, President the Lord, and your thoughts will be es- Mr. REID. Mr. President, we will be in a period for morning business until Bush has just returned from his trip to tablished.’’ Europe, and the newspapers are full of 11:30 this morning. By virtue of a pre- Thank You for this secret of success glowing accounts. Some of the head- vious unanimous-consent agreement, in Your Word. In response we look to lines include the following: ‘‘Europe Senators KYL and BROWNBACK will be what is ahead this day and thank you sees Bush’s Trip Exceeding Expecta- in control of the time until 10:45 a.m. in advance for supernatural intel- tions.’’ That from the New York Times and Senator DURBIN will be in control ligence to maximize our thinking. You on June 18. The International Herald of the time from 10:45 a.m. to 11:30 a.m. are our Lord and Saviour. Amen. Tribune: ‘‘President Climbs in Euro- At 11:30 this morning, Majority Lead- pean Esteem.’’ f er DASCHLE will be in the Chamber to Similarly, other headlines and sto- move to begin consideration of the Pa- ries noted the fact that the President PLEDGE OF ALLEGIANCE tients’ Bill of Rights. As Members was successful in communicating his know, this legislation has been around views on a wide variety of subjects, in- The Honorable THOMAS R. CARPER led for years, and the leader is going to an- the Pledge of Allegiance, as follows: cluding most especially our view of na- nounce at 11:30 a.m. today his move- tional security issues and specifically I pledge allegiance to the Flag of the ment toward consideration of that bill. the question of missile defense. United States of America, and to the Repub- We expect to be able to move to it. We I want to spend a few minutes talk- lic for which it stands, one nation under God, hope the minority will not have any indivisible, with liberty and justice for all. ing about the President’s successful problems with our going to that bill. trip, his vision for the future in a new Majority Leader DASCHLE will an- f post-cold-war era, and the acceptance nounce at 11:30 a.m. that we are going of those views by most of our allies and to finish that bill before the July 4 re- even, to some extent, by those whom APPOINTMENT OF ACTING cess. That means if there are problems he characterizes as friends, countries PRESIDENT PRO TEMPORE moving to the bill and cloture has to be that could, indeed, someday perhaps be The PRESIDING OFFICER. The filed, we will work this weekend and allies, countries such as Russia, fol- clerk will please read a communication perhaps the next weekend to complete lowing especially his visit with Presi- to the Senate from the President pro this legislation. dent Putin during the course of this tempore (Mr. BYRD). The Senate will be in recess from trip. The assistant legislative clerk read 12:30 p.m. to 2:15 p.m. today for our I think the pundits had a good time the following letter: weekly party conferences. as the President was preparing for his

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

S6387

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VerDate 19-JUN-2001 00:56 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.000 pfrm03 PsN: S19PT1 S6388 CONGRESSIONAL RECORD — SENATE June 19, 2001 trip, speculating about whether this At the conclusion of my remarks, I come along and help us find the right President, who had not extensively am going to ask unanimous consent to way to do that. In that spirit, he vis- traveled abroad and did not have a print in the RECORD two very fine ited with these European leaders. great deal of international experience, pieces by one of the finest columnists We all know the President is very would be able to impress these savvy and political writers of our time, convincing. I realize the situation international leaders. Charles Krauthammer. One of them ap- there is a little different. In politics, it What they found—and it was inter- peared in the Weekly Standard in the is not the typical kind of diplomacy esting—on the Sunday morning talk June 4 issue. It is entitled ‘‘The Bush coming out of the State Department or shows they were all doing a little bit of Doctrine, ABM, Kyoto, and the New other areas of diplomatic expertise, in a retreat, which pleased me because I American Unilateralism.’’ The other is our country and in others, where sub- had seen the same kind of questioning an op-ed the Washington Post carried tlety and the spoken word are so very of the President when he was beginning on June 18 in which he makes a similar important. President Bush is a man his run for the Presidency as Governor point that the type of unilateralism who means and says what he means of Texas. President Bush took to Europe and is very plainly. There is a certain advan- There were those who said: He is a intent on pursuing with respect to tage to that when you are dealing with very congenial fellow, but does he real- United States interests throughout the foreign leaders who do not know you so ly have what it takes? I think we all world is not a unilateralism that says well. It quickly becomes apparent to saw, and even my Democratic col- the United States is going to do what them that what you are telling them is leagues who supported Vice President we want to do no matter what anybody exactly what you believe, exactly what Gore at the time concluded, that this is else thinks and basically ignores their the United States intends to do, and a man who not only has great charm points of view at all, but, rather, as that there is no guile, there is no hid- but also significant substance and a Charles Krauthammer carefully points den agenda. view of the world which is in keeping out, this new Bush doctrine is a subtle I think it has an effect of disarming with the times as we commence our change from the past in this regard. some leaders who might be looking for journey into this 21st century. It says we are going to identify what hidden agendas or games that some- He proved that during the campaign. we believe is in the best interests of times people in the political world like He proved it in domestic affairs, the United States of America and in to play. President Bush is not like achieving a milestone of success with the interests of the rest of the family that. He has been very straightforward. the tax cuts we passed and he signed of nations of the world. He has been very clear about his vision. into law a little over a week ago, and We are going to pursue a course that He has not wavered from that, which then this foreign trip, which was the achieves the goals that sustain those first major trip, the trip to Europe, to is, of course, tempting to do when vis- interests, and we are not going to be iting with other world leaders who do visit with our NATO allies and other deterred by naysayers, by countries leaders in the region. We heard the not totally share your world view. that, frankly, do not have the same The net result of that diplomacy and same kind of questions: Was the Presi- goals in mind or by any kind of inter- dent prepared to meet these leaders? the new American vision of national national view that everything has to be There is a problem here, Mr. Presi- security for the family of nations of dent, as you know, and that is that done by international accord or it can- the world has been an acceptance by most of the countries of Western Eu- not be done at all. We are not going to many of the European leaders, ex- rope—the majority, I should say—are have our national security interests ve- pressed very overtly. As the headlines governed by left-of-center political toed by any other country of the world. noted, a view among even those who do leaders. They are, obviously, not of the So we will pursue our national inter- not necessarily totally share the Presi- same political viewpoint as President ests, and we are not going to allow dent’s view is that there is room to Bush, but our alliance with our NATO other countries of the world that do work with this President on these com- allies has gone through a series of not share those goals to dictate the re- mon goals. changes where we have had generally sults. Our NATO allies, countries such as conservative leadership, more left-of- However, that does not mean we are Spain and Italy, the Czech Republic, center leadership, and then a combina- simply going to try to impose our will Vaclav Havel, made some very elo- tion of the two. on others or that we are going to go quent statements in support of the We have always been able to accom- our own way and to heck with the rest President. The Polish Government, modate our differences politically be- of the world. Not at all. As Mr. even some statements from leaders of cause of the common goal of providing Krauthammer points out, President the British Government, Hungary, and a defense for the members of the NATO Bush has very carefully conducted an other countries in Europe, have in one alliance and in working together in na- overarching strategy, and then the tac- way or another expressly supported the tional security matters that go beyond tics of achieving that strategy include President’s plans for missile defense to just the question of the NATO alliance, a very heavy dose of consultation, es- protect the United States, our troops especially during the cold war as we pecially with our allies and particu- deployed abroad, and our allies. Vaclav were dealing with the then-Soviet larly with our NATO allies. It also in- Havel said: Union and subsequent to that time volves consultation with other friends The new world we are entering cannot be dealing with other challenges, includ- of the United States, countries such as based on mutually assured destruction. An ing the Balkans and, of course, in deal- Russia and India, and other countries increasingly important role should be played ing with the evolution of the changes such as China, with which we have had by defense systems. that have been occurring in the coun- some difficulties in recent times. There are many similar quotations in try of Russia itself. But the point of these consultations these various news stories that were That was the state of play when the is not to tell other leaders what we are filed by the reporters covering the President made this journey. Yet what going to do come heck or high water President’s trip. we found was, notwithstanding the po- but, rather, to say: Look, this is what While there were many European litical differences of these leaders, we believe is in our best interests and leaders who overtly expressed support there still is more that binds us than your best interests. Let’s work to- for what the President was trying to divides us. President Bush is one of gether to try to find a way to achieve do, as I said, there were others who those innate leaders who has the capac- these goals. There is some room for dis- were not specific in their endorsement ity to bring people together because of cussion. We have not finalized every- but who made it very clear they be- the force of his personality, which is thing we plan to do, so there is an op- lieved President Bush was somebody one of reaching out, of showing that he portunity for everybody to help shape with whom they could sit down, talk is willing to listen, that he is willing to the future of the world as we begin this these things over with, and reach some accommodate, but also making it very next century. But there are certain kind of mutual conclusion. clear he has some very firm principles goals and objectives we are going to at- I was especially pleased this morning upon which U.S. policy is going to be tempt to achieve. If you want to be to find President Putin being quoted based. with us we would like to have you over and over again, in the lead story

VerDate 19-JUN-2001 00:06 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.005 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6389 in the Washington Post saying he be- One of the questions raised by some dent—that the single biggest loss of lieved there was room for the United of our European friends was, Is the life of U.S. servicemen in the gulf war States and Russia to talk about these technology really there? occurred when 28 American soldiers issues. By the way, I am somewhat amused were killed by one Scud missile. He was talking about something that by the twin arguments of opponents. It is a very lethal weapon if you don’t has been very fundamental, from the ‘‘This thing will be so effective that it have a defense against it. So what Sec- Russian point of view, to the relation- will start another arms race.’’ That is retary Rumsfeld and President Bush ship between Russia and the United argument No. 1. Argument No. 2: ‘‘It have decided to do is to take what we States, the ABM Treaty. There is a will never be effective.’’ It is going to have—such as the Patriot missile of suggestion it is no longer absolutely be effective or it is not going to be ef- the gulf war time—get it into the field necessary that that treaty remain in fective. I think it will be effective. I and begin working with it, all the existence as the cornerstone of the also do not think it will start another while continuing to test more and strategic relationship between Russia arms race. more advanced systems. In this way, and the United States, as he has char- But what about the state of tech- we will actually have a rudimentary acterized it. President Bush has said it nology? defense to begin with, and we can con- no longer is the cornerstone. That was The Bush administration has decided tinue to build on that as the tech- a treaty developed during the height of that, because of the immediacy of the nology evolves. the cold war when the Soviet Union threat identified in the Rumsfeld Com- I will give you an analogy. We build and the United States totally mis- mission report 3 years ago, we need to ships in classes. We will start the Los trusted each other. Whether or not it get on with this now; that we cannot Angeles class of attack submarines, for helped keep the peace during that time test forever to try to develop the per- example. The first of the Los Angeles is totally irrelevant to the cir- fect system. There will never be a per- class submarines that came out of the cumstances of today, where the threat fect system, at least for the amount of dock was a good submarine, but it was of mutually assured destruction simply money we are willing to spend, and not nearly as good as the last Los Ange- cannot be the basis for the relation- right now we do not need a perfect sys- les class submarine that came out ship, the strategic relationship be- tem. The threat is from an accidental many years later. Throughout the time tween the Russian people and the launch or rogue nation, and those are that basic class of submarines was American people. not the most robust threats to have to built, changes were being made and It has even been put into the context defeat. embodied in that submarine, so that So I think what Secretary Rumsfeld of a moral statement. Dr. Henry Kis- the last one that came off the dock, in and the President have in mind doing singer was one of the architects of the many respects, was not much like the ABM Treaty. He was there at the cre- is fielding, as soon as possible, what- ever technology we have, under- very first one; it was much, much im- ation. He has testified to Congress, and proved and, frankly, was the basis for he has told many of us, that it is time standing that it is not necessarily the best and it may not work in all cir- the evolution to the next generation of to scrap this treaty. He knew why it attack submarines. was put into place in 1972. He knew the cumstances. Now, is that an indictment of what And so it is with missile defenses. I function it might perform at that time. believe what the Secretary and the But he now fully appreciates that it no they intend to do? I do not think so. It is an honest acknowledgement of the President have in mind is fielding a longer serves that function and, more combination of air and space and land importantly, leaves us nude, unpro- fact that there is no such thing as a perfect shield, and that we are in the systems, combined with the satellite tected, vulnerable to attack by coun- and radar that is necessary to detect a tries that were not parties to that trea- beginning stages of actually fielding launch, and continue to follow a rogue ty and never would be. Here is what he this equipment. missile, and then provide information said during testimony in 1999: We have done a lot of research, to be sure. But, frankly, for political rea- at the very end of its flight for inter- The circumstances that existed when the cept and shootdown. treaty was agreed to were notably different sons, a lot of that research has been from the situation today. The threat to the wasted because the systems that could That combination might include the United States from missile proliferation is take advantage of that research have airborne laser, something with great growing and is, today, coming from a num- been stopped from development and promise. It might include standard ber of hostile Third World countries. The eventual deployment. So we have had a missiles aboard the so-called Aegis United States has to recognize that the ABM lot of starts and stops, but we have cruisers, cruisers with very good radar, Treaty constrains the nation’s missile de- never gone the next step, which is to and a missile which today is, obvi- fense programs to an intolerable degree in actually put it out in the field and see ously, not capable against the most ro- the day and age when ballistic missiles are bust of intercontinental ballistic mis- attractive to so many countries because how it works. there are currently no defenses against What Secretary Rumsfeld has said is siles but at least has some capability if them. This treaty may have worked in a go back to the gulf war. That was an especially you are able to sail the two-power nuclear world, although even that emergency. We knew the Iraqis had cruisers close enough to the launching is questionable. But in a multinuclear world Scud missiles. In fact, they were begin- point of the missile. it is reckless. ning to shoot them toward Israel. We As those missiles are made bigger, He was even more blunt during a did not have a missile defense. But Sec- and another stage is added to them, press conference with then-Governor retary of Defense CHENEY at that time and a more sophisticated seeker is put Bush on May 23, 2000, when he said: said: Don’t we have anything that we on top of that missile, it will become Deliberate vulnerability when the tech- might employ here? And the answer more and more robust, to the point nologies are available to avoid it cannot be a from the Pentagon was: Yes, we have that at some point it will have the ca- strategic objective, cannot be a political ob- the Patriot. It is an anti-aircraft sys- pability of stopping just about any jective, and cannot be a moral objective of tem, but it is very good at that, and it missile that might be launched against any American President. might be able to shoot down some Scud us. We also have the potential for land- He is correct. For any President of missiles. based systems. the United States or Congress to delib- So they tinkered with it. They took The point is this: The President has erately leave the United States vulner- the Patriot batteries that we had—I in mind moving forward, getting off able to attack when we understand think some of them were even test bat- the dime. Almost no one, any longer, that there is a growing threat of that teries—and put them into the field. denies the threat. Even President attack, and to leave in place any kind And those Patriots did a remarkably Putin has pointed that out. of legal regimes that would inhibit us good job. I think that the end result So the question is: Do you test for- from developing the means of pro- was somewhere in the neighborhood of ever, until you are absolutely certain, tecting ourselves, is intolerable; it is about one-third of the Scud missiles or do you move forward? morally indefensible, especially, as Dr. were brought down by the Patriot. I saw my little nephew over the Kissinger says, when the technology is That is important when you recog- weekend. He is just now trying to there to provide a defense. nize—and you will recall, Mr. Presi- crawl and walk; and he is falling down

VerDate 19-JUN-2001 00:56 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.008 pfrm03 PsN: S19PT1 S6390 CONGRESSIONAL RECORD — SENATE June 19, 2001 more than he is walking, but he is try- lenge that we have to meet. But the I applaud the President. I congratu- ing. And the next time I see him, I sus- mere fact that we have other kinds of late him for a successful trip. I hope we pect he is going to be walking. You challenges as well does not mean that will have more opportunities to discuss don’t quit just because you fell down we ignore the one that is first and fore- this important issue in the future. the first time. And we don’t stop just most on the minds of these rogue lead- Mr. President, I ask unanimous con- because we had a couple tests that ers. Why else would they be spending sent that two articles by Charles were not totally successful. the billions of dollars they are spend- Krauthammer be printed in the The point is, we will continue to test; ing to develop or buy the technology RECORD. we will continue to develop; we will de- for these missiles and the weapons of There being no objection, the mate- ploy what we have as we get it ready to mass destruction that they put on top rial was ordered to be printed in the deploy, and we will continue to evolve of the missiles? Why? RECORD, as follows: those systems until we are satisfied This kind of weapon offers them a [From the Weekly Standard, June 4, 2001] blackmail potential. In the wrong that we have a system that can work. THE BUSH DOCTRINE hands, with this kind of weapon a To those critics who say we don’t ABM, Kyoto, and the New American have the technology or we won’t have country can essentially say to the rest Unilateralism of the world—at the time they intend it, I say, give us a chance. Let’s try. (By Charles Krauthammer) to attack someone else, or want to get Let’s see. Don’t say, you can’t do it, I. THE WORLD AS IT IS and we never start and we never try. something from the rest of the world— look, you know we can launch this mis- Between 1989 and 1991 the world changed so The consequences are simply too great. radically so suddenly that even today the As Dr. Kissinger said, it would be lit- sile against you. We have done it in the implications have not adequately been erally reckless and immoral for us not past. We will do it again. So you better grasped. The great ideological wars of the to try when the technology is there. give us what we want, or you better twentieth century, which began in the ’30s Another question in this respect that stay out of our way, or you better do and lasted six decades, came to an end over- the allies asked is, What would the re- whatever we want you to do. It is that night. And the Soviet Union died in its sleep, action from Russia be? It is a fair ques- blackmail component that worries so and with it the last great existential threat to America, the West, and the liberal idea. tion. Russia has some concerns. But many of our leaders the most. Go back to the Persian Gulf war So fantastic was the change that, at first, Russia should not have concerns. Does most analysts and political thinkers refused anybody believe that the United States again. If Saddam Hussein had had the weapons that could put a missile on to recognize the new unipolarity. In the intends to attack Russia? Even the early ’90s, conventional wisdom held that we Russians have to acknowledge that is London or Paris or Berlin or Rome or were in a quick transition from a bipolar to no longer the relationship between our any other country in that area of the a multipolar world: Japan was rising, Europe world, do you think we would have had two countries. And we don’t believe was uniting, China was emerging, sleeping the same quality of allied contingent giants like India were stirring, and America they intend to attack us. Why would to face him down in that Persian Gulf was in decline. It seems absurd today, but they? war? Do you think other countries this belief in American decline was all the So these large inventories of nuclear rage. weapons that both sides have, frankly, would have been as willing to join the United States? And if, in fact, those Ten years later, the fog has cleared. No one are going to come down. We are not is saying that Japan will overtake the weapons could have killed a lot more going to maintain that level of war- United States economically, or Europe will Americans, would the United States head, and we do not think the Russians overtake the United States diplomatically, have been as anxious to kick him out are either. In fact, they have made it or that some new anti-American coalition of of Kuwait? clear they cannot afford to do so. powers will rise to replace the Communist The argument would have been: Ku- block militarily. Today, the United States Frankly, we would rather not have to wait is of no interest to us, especially remains the preeminent economic, military, spend the money on all those weapons when he can rain so much destruction diplomatic, and cultural power on a scale not so both sides can draw down their nu- down upon us. So you need the kinds of seen since the fall of the Roman Empire. clear weapons. defenses that prevent these rogue na- Oddly enough, the uniqueness of this struc- ture is only dimly understood in the United For anybody to suggest that our tions from carrying out their aggres- building the rudimentary defense is States. It is the rest of the world that sees sive intentions. it—undoubtedly, because it feels it—acutely. going to cause the Russians to begin That is why—just getting back to the spending billions more to build new Russia and China never fail in their summits President’s visit in Europe this week— to denounce explicitly the ‘‘unipolarity’’ of weapons, when they cannot afford to I am so heartened by not only the way the current world structure and to pledge to keep the ones they have, is, I think, lu- he has laid this vision out but the way do everything to abolish it. The French—ele- dicrous. It is not going to happen. It is he has stuck to his guns, all the while gant, caustic, and as ever the intellectual a misplaced fear. being very open in his discussions with leader in things anti-American—have coined I acknowledge the concern that these allied leaders, as well as the Russians. the term ‘‘hyperpower’’ to describe Amer- people express, but I ask them to think I must say, I was also heartened by ica’s new condition. about the facts. Even Russian leaders the descriptions of the policy, and the And a new condition it is. It is not, as we have acknowledged they would not be in America tend to imagine, just the super- steadiness with which Secretary of powerdom of the Cold War writ large. It is able to maintain more than about 1,500 State Colin Powell and National Sec- something never seen before in the modern warheads—down from about 6,000 or retary Adviser Condoleezza Rice pre- world. Yet during the first decade of more that they have today. sented this case again Sunday on the unipolarity, the United States acted much as So I do not think it makes sense to talk shows. Dr. Rice, despite, I would it had during the preceding half-century. argue that we should not prepare to de- say, bating by the questioner, was very In part, this was because many in the po- fend ourselves just because the Rus- calm and very firm in articulating that litical and foreign policy elite refused to rec- sians might be fearful somehow and, the United States will do what it takes ognize the new reality. But more important, therefore, might decide to spend bil- it was because those in power who did recog- to protect the citizens of the United nize it were deeply distrustful of American lions more that they do not have in de- States and the interests of other free- power. They saw their mission as seeking a veloping new weapons. Nor do I think dom-loving people around the world new world harmony by constraining this that argument applies to anyone else. but that we will do so in a way in overwhelming American power within a web What we are talking about is build- which we engage these other leaders. of international obligations—rather than ing a defense that rogue nations will We will listen to what they have to maintaining, augmenting, and exploiting the understand, making it unprofitable for say, and to the extent we are able to do American predominance they had inherited. them to develop and deploy the tech- so, within the confines of what is nec- This wish to maintain, augment, and ex- nology of missile defenses. essary for the United States, we will ploit that predominance is what distin- Are there other threats out there guishes the new foreign policy of the Bush find ways to accommodate their needs administration. If successful, it would do from these countries such as the so- as well. what Teddy Roosevelt did exactly a century called suitcase bomb? Yes, we are One of these would be to actually ago: adapt America’s foreign policy and mili- spending a lot to try to deal with that, provide that kind of missile defense tary posture to its new position in the world. too. The cruise missile is another chal- protection for them as well. At the dawn of the 20th century, that meant

VerDate 19-JUN-2001 00:56 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.011 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6391 entry into the club of Great Powers. Roo- century what airpower was to the 20th. In Its goal was to make the treaty more endur- sevelt both urged and assured such entry 1901, there was not an airplane in the world. ing, at a time when it had already become with a Big Stick foreign policy that built the Most people did not think a heavier-than-air obsolete. In fact, in one agreement, nego- Panama Canal and sent a blue water navy machine could in theory ever fly. Yet 38 tiated in New York in 1997, the Clinton ad- around the world to formally announce our years later, the world experienced the great- ministration amended the ABM treaty to in- arrival. est war in history, whose outcome was cru- clude as signatories Kazakhstan, Ukraine, At the dawn of the 21st century, the task cially affected by air power and air defenses and Belarus, thus making any future of the new administration is to develop a in a bewildering proliferation of new tech- changes in the treaty require five signatures military and foreign policy appropriate to nologies: bombers, fighters, transports, glid- rather than only two. It is as if Britain and our position of overwhelming dominance. In ers, carriers, radar. Germany had spent the 1930s regulating the its first four months in office, the Bush ad- It is inconceivable that 38 years from now, levels of their horse cavalries. ministration has begun the task: reversing we will not be living in a world where missile That era is over. the premises of Clinton foreign policy and technology is equally routine, and thus rou- III. KYOTO: ESCAPE FROM MULTILATERALISM adopting policies that recognize the new tinely in the hands of bad guys. It was expected that a Republican adminis- unipolarity and the unilateralism necessary It is therefore inexplicable why the United tration would abrogate the ABM treaty. It to maintain it. States should not use its unique technology was not expected that a Republican adminis- to build the necessary defense against the II. ABM: BURYING BIPOLARITY tration would even more decisively discard next inevitable threat. In May 2000, while still a presidential can- the Kyoto treaty on greenhouse gases. Yet Yet for eight years, the U.S. government this step may be even more far-reaching. didate, George W. Bush gave a speech at the did nothing on the grounds that true safety National Press Club pledging to build a na- To be sure, Bush had good political and lay in a doctrine (mutually assured destruc- economic reasons to discard Kyoto. The Sen- tional missile defense for the United States. tion) and a treaty (the antiballistic missile A year later, as president, he repeated that ate had expressed its rejection of what Clin- treaty) that codifies it. The logic of MAD is ton had negotiated 95–0. The treaty had no in a speech at the National Defense Univer- simple: If either side can ever launch a first. sity. This set off the usual reflexive reaction domestic constituency of any significance. And because missile defenses cast doubt on Its substance bordered on the comic: It ex- of longtime missile defense opponents. What the efficacy of a second strike capacity, they empted China, India, and the other mas- was missed both times, however, was that make the nuclear balance more unstable. sively industrializing polluters in the Third Bush was proposing far more than a revival This argument against missile defense was World from CO restrictions. The cost for the of the missile defense idea that had been put 2 plausible during the Cold War. True, it United States was staggering, while the en- on hold during the Clinton years. Bush also hinged on the very implausible notion of a vironmental benefit was negligible. The ex- declared that he would make unilateral cuts first strike. But at the time, the United empted 1.3 billion Chinese and billion Indi- in American offensive nuclear arms. Taken States and the Soviet Union were mortal ide- ans alone would have been pumping out CO together, what he proposed was a radical new 2 ological enemies. We came close enough in emissions equal to those the United States nuclear doctrine: the end of arms control. Berlin and Cuba to know that war was plau- was cutting. In reality, Kyoto was a huge Henceforth, the United States would build sible. But even then the idea of a first strike transfer of resources from the United States nuclear weapons, both offensive and defen- remained quite fantastic because it meant to the Third World, under the guise of envi- sive, to suit its needs—regardless of what initiating the most destructive war in ronmental protection. others, particularly the Russians, thought. human history. All very good reasons. Nonetheless, the Sure, there would be consultation—no need Today, the idea of Russia or America alacrity and almost casualness with which to be impolite. Humble unilateralism, the launching a bolt from the blue is merely ab- Bush withdrew from Kyoto sent a message oxymoron that best describes this approach, surd. Russia does not define itself as our ex- that the United States would no longer ac- requires it: Be nice, be understanding. But, istential adversary. It no longer sees its mis- quiesce in multilateral nonsense just be- in the end, be undeterred. sion as the abolition of our very way of life. cause it had pages of signatories and bore Liberal critics argue that a missile defense We no longer are nose-to-nose in flashpoints the sheen of international comity. Nonsense would launch a new arms race, with the Rus- like Berlin. Ask yourself: Did you ever in the was nonsense, and would be treated as such. sians building new warheads to ensure that darkest days of the Cold War lie awake at That alarmed the usual suspects. They they could overcome our defenses. The re- night wondering whether Britain or France were further alarmed when word leaked that sponse of the Bush administration is: So or Israel had enough of a second strike ca- the administration rejected the protocol ne- what? If the Russians want to waste what pacity to deter an American first strike gotiated by the Clinton administration for little remains of their economy on such against them? Of course not. Nuclear weap- enforcing the biological weapons treaty of weapons, let them. These nukes are of no ons are not in themselves threats. They be- 1972. The reason here is even more obvious. use. Whether or not Russia builds new mis- come so in conditions of extreme hostility. It The protocol does nothing of the sort. Bio- siles, no American defense will stop a mas- all depends on the intent of the political au- logical weapons are inherently unverifiable. sive Russian first strike anyway. And if Rus- thorities who control them. A Russian or an You can make biological weapons in a lab- sia decides to enlarge its already massive American first strike? We are no longer con- oratory, in a bunker, in a closet. In a police second strike capacity, in a world in which tending over the fate of the earth, over the state, these are unfindable. And police states the very idea of a first strike between us and future of Korea and Germany and Europe. are what we worry about. The countries ef- the Russians is preposterous, then fine Our worst confrontation in the last decade fectively restricted would be open societies again. was over the Pristina airport! with a free press—precisely the countries The premises underlying the new Bush nu- What about China? The fallback for some that we do not worry about. Even worse, the clear doctrine are simple: (1) There is no So- missile defense opponents is that China will protocol would have a perverse effect. It viet Union. (2) Russia—no longer either a su- feel the need to develop a second strike ca- would allow extensive inspection of Amer- perpower or an enemy, and therefore neither pacity to overcome our defenses. But this ican anti-biological-warfare facilities—where a plausibly viable nor an ideological threat— too is absurd. China does not have a second we develop vaccines, protective gear, and the does not count. (3) Therefore, the entire strike capacity. If it has never had one in the like—and thus give information to potential structure of bilateral arms control, both of- absence of an American missile defense, why enemies on how to make their biological fensive and defensive, which was an Amer- should the construction of an American mis- agents more effective against us. ican obsession during the last quarter-cen- sile defense create a crisis of strategic insta- Given the storm over Kyoto, the adminis- tury of the Cold War, is a useless relic. In- bility between us? tration is looking for a delicate way to get deed, it is seriously damaging to American But the new Bush nuclear doctrine does out of this one. There is nothing wrong with security. not just bury MAD. It buries the ABM treaty delicacy. But the thrust of the administra- Henceforth, America will build the best and the very idea of bilateral nuclear coordi- tion—to free itself from the thrall of inter- weaponry it can to meet its needs. And those nation with another superpower. Those national treaty-signing that has character- needs are new. The coming threat is not agreements, on both offensive and defensive ized U.S. foreign policy for nearly a decade— from Russia, but from the inevitable pro- nuclear weapons, are a relic of the bipolar is refreshing. liferation of missiles into the hands of here- world. In the absence of bipolarity, there is One can only marvel at the enthusiasm tofore insignificant enemies. no need to tailor our weapons to the needs or with which the Clinton administration pur- Critics can downplay and discount one threat or wishes of a rival superpower. sued not just Kyoto and the biological pro- such threat or another. North Korea, they Yet the Clinton administration for eight tocol but multilateral treaties on everything say, is incapable of building an interconti- years carried on as if it did. It spent enor- from chemical weapons to nuclear testing. nental ballistic missile. (They were saying mous amounts of energy trying to get the Treaty-signing was portrayed as a way to that right up to the time when it launched a START treaties refined and passed in Russia. build a new structure of legality and regu- three-stage rocket over Japan in 1998). Or It went to great lengths to constrain and larity in the world, to establish new moral they will protest that Iraq cannot possibly dumb down the testing of high-tech weap- norms that would in and of themselves re- build an effective nuclear capacity clandes- onry (particularly on missile defense) to be strain bad behavior. But the very idea of a tinely. They are wrong on the details, but, ‘‘treaty compliant.’’ It spent even more en- Saddam Hussein being morally constrained even more important, they are wrong in ergy negotiating baroque extensions, elabo- by, say, a treaty on chemical weapons is sim- principle: Missile technology is to the 21st rations, and amendments to the ABM treaty. ply silly.

VerDate 19-JUN-2001 00:06 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.001 pfrm03 PsN: S19PT1 S6392 CONGRESSIONAL RECORD — SENATE June 19, 2001 This reality could not have escaped the lib- Britain was the balancer of power in Europe tering source of armed conflict, terror, and eral internationalists who spent the ’90s pur- for over two centuries, always joining the instability. suing such toothless agreements. Why then weaker coalition against the stronger to cre- The ‘‘realist’’ school is more skeptical that did they do it? The deeper reason is that ate equilibrium. Our unique reach around these goals can be achieved at the point of a these treaties offered an opportunity for the world allows us to be—indeed dictates bayonet. True, democracy can be imposed by those who distrusted American power (and that we be—the ultimate balancer in every force, as both Germany and Japan can at- have ever since the Vietnam era) to con- region. We balanced Iraq by supporting its test. But those occurred in the highly un- strain it—and constrain it in ways that give weaker neighbors in the Gulf War. We bal- usual circumstance of total military occupa- the appearance of altruism and good inter- ance China by supporting the ring of smaller tion following a war for unconditional sur- national citizenship. states at her periphery (from South Korea to render. Unless we are willing to wage such Moreover, it was clear that the constraints Taiwan, even to Vietnam). One can argue wars and follow up with the kind of trustee- on American power imposed by U.S.-Soviet whether we should have gone there, but our ship we enjoyed over Germany and Japan, we bipolarity and the agreements it spawned role in the Balkans was essentially to create will find that our interventions on behalf of would soon and inevitably come to an end. a micro-balance: to support the weaker Bos- democracy will leave little mark, as we Even the ABM treaty, the last of these rel- nia Muslims against their more dominant learned with some chagrin in Haiti and Bos- ics, would have to expire of its own obsoles- ethnic neighbors, and subsequently to sup- nia. cent dead weight. In the absence of port the (at the time) weaker Kosovo Alba- Nonetheless, although they disagree on the bipolarity, what was there to hold America nians against the dominant Serbs. stringency of criteria for unleashing Amer- back—from, say, building ‘‘Star Wars’’ weap- (2) To maintain the peace by acting as the ican power, both schools share the premise onry or raping the global environment or world’s foremost anti-proliferator. Weapons that overwhelming American power is good otherwise indulging in the arrogance of of mass destruction and missiles to deliver not just for the United States but for the power? Hence the mania during the last dec- them are the greatest threat of the 21st cen- world. The Bush administration is the first ade for the multilateral treaties that would tury. Non-proliferation is not enough. Pas- administration of the post-Cold War era to impose a new structure of constraint on sive steps to deny rogue states the tech- share that premise and act accordingly. It American freedom of action. nology for deadly missiles and weapons of welcomes the U.S. role of, well, hyperpower. Kyoto and the biological weapons protocol mass destruction is, of course, necessary. In its first few months, its policies have re- are the models for the new structure of But it is insufficient. Ultimately the stuff flected a comfort with the unipolarity of the ‘‘strategic stability’’ that would succeed the gets through. world today, a desire to maintain and en- ABM treaty and its relatives. By summarily What to do when it does? It may become hance it, and a willingness to act unilater- rejecting Kyoto, the Bush administration necessary in the future actually to preempt ally to do so. It is a vision of America’s role radically redefines the direction of American rogue states’ weapons of mass destruction, very different from that elaborated in the foreign policy: rejecting the multilateral as Israel did in 1981 by destroying the Osirak first post-Cold War decade—and far more straitjacket, disenthralling the United nuclear reactor in Iraq. Premption is, of radical than has generally been noted. The States from the notion there is real safety or course, very difficult. Which is why we must French, though, should be onto it very soon. benefit from internationally endorsed parch- begin thinking of moving to a higher plat- ment barriers, and asserting a new American form. Space is the ultimate high ground. For [From the Weekly Standard, June 4, 2001] unilateralism. 30 years, we have been reluctant even to BIG ROTTEN APPLE IV. THE PURPOSES OF UNILATERALISM think about placing weapons in space, but it NEW YORK CITY AFTER GIULIANI This is a posture that fits the unipolarity is inevitable that space will become milita- (By James Higgins) of the 21st century world. Its aim is to re- rized. The only question is: Who will get store American freedom of action. But as yet there first and how will they use it? Liberalism, or paleoliberalism to some, is it is defined only negatively. The question The demilitarization of space is a fine idea what New Yorkers are told will return to remains: freedom of action to do what? and utterly utopian. Space will be an avenue City Hall when term limits force mayor Ru- First and foremost, to maintain our pre- for projection of national power as were the dolph Giuliani to depart in 2002. Four Demo- eminence. Not just because we enjoy our own oceans 500 years ago. The Great Powers that crats are vying to succeed him. power (‘‘It’s good to be the king’’—Mel emerged in the modern world were those But the potential return of Brooks), but because it is more likely to that, above all, mastered control of the high unreconstructed liberalism is not the most keep the peace. It is hard to understand the seas. The only reason space has not yet been menacing aspect of this fall’s election. The enthusiasm of so many for a diminished militarized is that none but a handful of greater threat is the potential return of America and a world reverted to multi- countries are yet able to do so. And none is unreconstructed crime. Not the kind in the polarity. Multipolar international structures remotely as technologically and industrially streets, but the kind in the suites—the suites are inherently less stable, as the cata- and economically prepared to do so as is the of city government and the Democratic strophic collapse of the delicate alliance sys- United States. party. tem of 1914 definitively demonstrated. This is not as radical an idea as one might Everyone old enough to have watched TV Multipolarity, yes, when there is no alter- think. When President Kennedy committed in the 1980s and early 1990s knows that New native. But not when there is. Not when we the United States to a breakneck program of York City before Giuliani was where foreign have the unique imbalance of power that we manned space flight, he understood full well tourists came to pay the world’s highest enjoy today—and that has given the inter- the symbiosis between civilian and military hotel taxes while waiting to be robbed and national system a stability and essential space power. It is inevitable that within a shot. But the depth and breadth of corrup- tranquility it had not known for at least a generation the United States will have an tion in the city’s Democratic establishment century. Army, Navy, Marines, Air Force, and Space during the pre-Giuliani years may be dif- The international environment is far more Force. Space is already used militarily for ficult for non-New Yorkers to grasp. The likely to enjoy peace under a single spying, sensing, and targeting. It could be problem was not just a few rotten apples at hegemon. Moreover, we are not just any uniquely useful, among other things, for the top. Under a series of Democratic may- hegemon. We run a uniquely benign impe- finding and destroying rogue-state missile ors—Abraham Beame, Edward Koch, and rium. This is not mere self-congratulation; it forces. David Dinkins—the whole tree was rotten. It is a fact manifest in the way others welcome (3) To extend the peace by spreading de- was corruption that the New York City our power. It is the reason, for example, the mocracy and free institutions. This is an un- Democrats stood for even more than lib- Pacific Rim countries are loath to see our assailable goal and probably the most endur- eralism, and it was corruption at least as military presence diminished. ing method of promoting peace. The libera- much as liberalism that brought Giuliani to Unlike other hegemons and would-be tion of the Warsaw Pact states, for example, office. It was as if, having jailed much of the hegemons, we do not entertain a grand vi- relieved us of the enormous burden of phys- leadership of New York’s ‘‘Five Families’’ of sion of a new world. No Thousand Year ically manning the ramparts of Western Eu- crime while he was U.S. attorney for the Reich. No New Soviet Man. By position and rope with huge land armies. The zone of de- Southern District of New York, Giuliani had nature, we are essentially a status quo mocracy is almost invariably a zone of to become mayor to flush out this Sixth power. We have no particular desire to re- peace. Family. make human nature, to conquer for the ex- There is a significant disagreement, how- To appreciate the significance of the up- traction of natural resources, or to rule for ever, as to how far to go and how much blood coming election, it’s essential to know this the simple pleasure of dominion. We could and treasure to expend in pursuit of this background. The chief reason the rot was not not wait to get out of Haiti, and we would goal. The ‘‘globalist’’ school favors vigorous always visible to outsiders is the canniness get out of Kosovo and Bosnia today if we intervention and use of force to promote the of Dems in the Big Apple. Unlike their coun- could. Our principal aim is to maintain the spread of our values where they are threat- terpart New Jersey crew, the New York City stability and relative tranquility of the cur- ened or where they need protection to bur- Democratic leadership has refrained from rent international system by enforcing, geon. Globalists supported the U.S. interven- putting into the highest offices sticky-fin- maintaining, and extending the current tion in the Balkans not just on humani- gered characters like U.S. senators Harrison peace. Our goals include: tarian grounds, but on the grounds that ulti- Williams and Robert Torricelli. The New (1) To enforce the peace by acting, unique- mately we might widen the zone of democ- York Democrats could have been working ly, as the balancer of last resort everywhere. racy in Europe and thus eliminate a fes- from the template of the mobsters who once

VerDate 19-JUN-2001 01:04 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.006 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6393 controlled Las Vegas: They’ve always chosen lar (ABM) or multipolar (Kyoto), in the Rumsfield, read Deputy Secretary Wolfowitz clean front men. There was never a hint of name of good international citizenship. known Vice President Cheney or listened to personal corruption on the part of Beame, The word now, however, is that Bush has President Bush would be wise to place his Koch, or Dinkins. Their administrations gone soft. He sends Secretary of State Colin bet at the ‘‘no wobble’’ window. were another story. Consider: Powell to Europe to try to get agreement on The ACTING PRESIDENT pro tem- missile defenses. He tries, reports the New Under Ed Koch, the entire city department pore. Under the previous order, the charged with inspecting restaurants had to York Times in high scoop mode, to cook an be closed because there was almost no one ABM deal with the Russians—shades of the time until 10:45 a.m. shall be under the left to do the job after investigators arrested old days. He then concedes there is global control of the Senator from Kansas, the inspectors who were taking bribes. Not warming and promises action. ‘‘When Presi- Mr. BROWNBACK. long afterwards, the department that in- dent Bush announces . . . that he will seek Mr. BROWNBACK. Thank you, Mr. spected taxicabs had to be closed for exactly millions of dollars for new research into the President. the same reason. causes of global warming,’’ reported the f Over an extended period of the ’80s and Times just one week ago, ‘‘. . . it will mark early ’90s, the felony rate among Democratic yet another example of how global and do- EMBRYONIC STEM CELL borough leaders in New York City ap- mestic politics have forced him to back away RESEARCH proached 50 percent. Criminal defense law- from the hairline pronouncements of his first yers tell me that if senior managers of a pri- five months in the White House.’’ Mr. BROWNBACK. Mr. President, I vate business used their jobs to commit The Bush administration, explained News- rise today to address the issue of em- crimes at this rate, the entire enterprise week, began by ‘‘playing the bully.’’ But bryonic stem cell research and cloning. would be inviting a RICO indictment. then ‘‘the Bushies began to see that they The two issues are inexplicably tied to- The Beame, Koch, and Dinkins administra- could not simply impose their agenda on a gether. I want to discuss this in the tions approved a contract with school balky and complex world.’’ The alleged cave has been greeted with narrow context of Federal funding for custodians that was close to being criminal embryonic stem cell research and on its face: The custodians were required smug satisfaction from those on the left who only to maintain schools to ‘‘minimum see Bush returning, after a brief flirtation cloning. The two are tied together in standards,’’ and the contract precluded any with the mad-dog ideological right, to the what is currently being discussed. They basic soundness of post-Cold War foreign pol- effective enforcement mechanism. The lucky take an embryo, raise it to a certain icy as established by the Clinton administra- custodians then personally got to keep what- age, kill the embryo, take the stem tion. ever money in their budgets they didn’t Dream on. cell out of the embryo—the young stem spend doing their jobs. This type of contract Has Bush gone wobbly? Not at all. cells inside that are reproducing on a came to an end only after a 1992 60 Minutes Ask yourself: If you really wanted to re- rapid basis—and use those in research, segment showed the custodians spending less assert American unilateralism, to get rid of or use those for human development time at the filthy schools they were osten- the cobwebs of the bipolar era and the myr- sibly maintaining than attending to the and in the capacity of making other or- iad Clinton-era treaty strings trying Gul- gans in the future. yachts they acquired—and did maintain—at liver down, what would you do? No need for taxpayer expense. in-your-face arrogance. No need to humili- The next step will be to take the Pre- As pre-Giuliani taxi and limousine com- ate. No need to proclaim that you will ignore siding Officer’s DNA material, my DNA missioner Herb Ryan described the system nattering allies and nervous enemies. material, the Official Reporter’s DNA after he was caught taking bribes, ‘‘Every- Journalists can talk like that because the material, or the DNA material of some body else has their own thing. I just wanted trust is clarifying. Governments cannot talk of the new interns, take it out, and put to get my own thing.’’ The literal trans- like that because the truth is scary. The it into an embryo that has been lation of ‘‘Our Thing’’ is, of course, La Cosa trick to unilateralism—doing what you Nostra. think is right, regardless of what others denuclized, take that DNA material, This is just a small sample of what the think—is to pretend you are not acting uni- put it into the embryo, and start the Sixth Family Democrats and their ap- laterally at all. Thus if you really want to growth that is again taking place so pointees did—indeed, just a small sample of junk the ABM Treaty, and the Europeans you will have a cloned individual. what they were caught doing. That predicate and Russians and Chinese start screaming That is an individual who has exactly criminal activity is a major part of what in bloody murder, the trick is to send Colin the same DNA as somebody else. Sci- 1989 lured political rising star and crime- Powell to smooth and sooth and schmooze entists grow it to a certain age, kill fighter Rudy Giuliani to run for mayor, a job every foreign leader in sight, have the embryo, and take those stem cells that for more than a century had been a po- Condoleezza Rica talk about how much we litical dead end. value allied input, have President Bush in from that embryo to be used to make Europe stress how missile defense will help an organ, or make brain cells, or make [From the Washington Post, June 18, 2001] the security of everybody. And then go ahead something else. ... FROM A NO-WOBBLE BUSH and junk the ABM Treaty regardless. Make These two topics are tied together. It (By Charles Krauthammer) nice, then carry on. is a gate which shouldn’t open. Or, say you want to kill the Kyoto protocol ‘‘Remember George, this is no time to go Initially, I think we need to talk (which the Senate rejected 95–0 and which about Federal funding in Congress. We wobbly.’’ So said Margaret Thatcher to the not a single EU country has ratified) and the first President Bush just days after Saddam Eueopeans hypocritically complain. The need to discuss the issue raised regard- Hussein attacked Kuwait. Bush did not go trick is to have the president go to Europe to ing Federal funding of destructive em- wobbly. He invaded. stress, both sincerely and correctly, that the bryonic research. My position is that A decade later, the second George Bush United States wants to be in the forefront of federally funded human embryonic came into office and immediately began a using science and technology to attack the stem cell research is illegal, it is im- radical reorientation of U.S. foreign policy. problem—but make absolutely clear that moral, and it is unnecessary for where Now, however the conventional wisdom is you’ll accept no mandatory cuts and tolerate that in the face of criticism from domestic we are and what we know today. We no treaty that penalizes the United States have other solutions that are legal, opponents and foreign allies, Bush is backing and lets China, India and the Third World off down. the hook. ethical, moral, and superior to where Has W. gone wobbly? In his first days, he Be nice, but be undeterred. The best we are going with these Federal funds offered a new American nuclear policy that unlateralism is velvet-glove unilateralism. today regarding embryonic stem cell scraps the 1972 anti-Ballistic Missile Treaty, At the end of the day, for all the rhetorical research and cloning. builds defenses against ballistic missile at- bows to Russia, European and liberal sen- The issue of destructive embryo re- tack and unilaterally cuts U.S. offensive nu- sibilities, look at how Bush returns from Eu- search has come into better focus over clear forces without wrangling with the Rus- rope: Kyoto is dead. The ABM Treaty is his- sians over arms control, the way of the past tory, Missile defense is on. NATO expansion the past few weeks as the new adminis- 30 years. He then summarily rejected the is relaunched. And just to italicize the new tration prepares to take definitive ac- Kyoto protocol on climate control, which turn in American foreign policy, the number tion on the Clinton-era guidelines would have forced the United States to un- of those annual, vaporous U.S.-EU summits which call the destruction of human dertake a ruinous 30 percent cut in CO2 emis- has been cut from two to one. embryos for the purposes of subsequent sions while permitting China, India and most Might the administration yet bend to the federal funding for the cells that have of humanity to pollute at will. critics and abandon the new unilateralism? been derived through the process of Bush’s assertion of American freedom of Perhaps. But the crowing of the Washington embryo destruction. action outraged those—U.S. Democrats, Eu- foreign policy establishment that this has al- ropeans, Russians—who prefer to see the ready occurred is wishful thinking. Currently, we say, OK. You can’t de- world’s only superpower bound and re- Will he wobble? Everything is possible. But stroy the embryo, but you can use strained by treaty constraints, whether bipo- anyone who has watched Defense Secretary what is taken from the destruction of

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.011 pfrm03 PsN: S19PT1 S6394 CONGRESSIONAL RECORD — SENATE June 19, 2001 that embryo. It would be like saying of DON NICKLES, JOHN MCCAIN, MICHAEL This bill even violates current Fed- the Presiding Officer, you can’t kill DEWINE, and JOHN ASHCROFT. eral policy on fetal tissue, which allows him, but you can take his heart, you I ask unanimous consent that this harvesting of tissue only after an abor- can take his lungs and brain, and his letter be printed in the RECORD. tion was performed for other reasons eyes out. And, if you get those, even There being no objection, the letter and the unborn child is already dead. though somebody kills him, that is OK. was ordered to be printed in the Under this bill, the Federal Govern- Well, that doesn’t seem to be right to RECORD, as follows: ment will use tax dollars to kill live most of us. It certainly doesn’t seem to WASHINGTON, DC, embryos for the immediate and direct be right to me, nor the Presiding Offi- February 4, 2000. purpose of using their parts for re- cer. Yet that is what is being proposed, STEM CELL GUIDELINES, search. Is that something that we want and currently taking what applies NIH Office of Science Policy, to do? I don’t think so. under the Clinton-era guidelines which Bethesda, MD. TO WHOM IT MAY CONCERN: Since 1996 Con- Taxpayer funding of this research is call for the destruction of human em- problematic for a variety of reasons. bryos for the purpose of subsequent gress has banned federal funding for ‘‘re- search in which a human embryo or embryos First among those concerns is that if Federal funding for the cells that have are destroyed.’’ We believe the draft guide- Congress were to approve this bill, it been derived from the process of em- lines published December 2 by the National would officially declare for the first bryo destruction. Institutes of Health for ‘‘human pluripotent time in our Nation’s history that Gov- During the Presidential campaign, stem cell research’’ do not comply with this ernment may exploit and destroy then Governor Bush stated, in response law, which we support and which remains in human life for its own, or somebody to a questionnaire, ‘‘I oppose using effect. else’s purposes. We don’t want to go Federal funds to perform fetal tissue Despite their title, the NIH guidelines do not regulate stem cell research. Rather, they there. research from induced abortions. Tax- Human embryonic stem cell research payer funds should not underwrite re- regulate the means by which researchers may obtain and destroy live human embryos is also unnecessary. search that involves the destruction of in order to receive federal funds for subse- I think there is a point that is lost to live human embryos.’’ quent stem cell research. Clearly, the de- many in the broader debate about when Later, after assuming the Presi- struction of human embryos is an integral human life begins. Where should we dency, his spokesman, Ari Fleischer, part of the contemplated research, in viola- protect it, and how do we protect? But stated that the President, ‘‘would op- tion of the law. the point is that human embryonic pose federally funded research for ex- Because Congress never intended for the stem cell research, and, thus, cloning, perimentation on embryonic stem cells Executive Branch to facilitate destructive that require live human embryos to be embryo research, we urge the National Insti- is also unnecessary. tutes of Health to withdraw these guidelines There are legitimate areas of re- discarded or destroyed.’’ as contrary to the law and Congressional in- I would like to applaud the President search which are showing more prom- tent. ise than embryonic stem cell research, for his bold and principled stand in de- Sam Brownback, Pete V. Domenici, Don fense of the most innocent human life. areas which do not create moral and Nickles, George V. Voinovich, Trent ethical difficulties. It has never been, and it will never be, Lott, John Ashcroft, Chuck Hagel, acceptable to kill one person for the Rick Santorum, Kit Bond, Bob Smith, In the past, Congress has increased benefit of another—no matter how big, Rod Grams, John Kyl, Jeff Sessions, funding for NIH. New advances in adult or how promising the purported ben- Michael B. Enzi, Mike DeWine, Jesse stem cell research, being reported al- efit. Helms, Tom Harkin, Conrad Burns, most weekly, show more promise than Few issues make this point as clearly Jim Bunning, John McCain. destructive embryo research, and I be- as the issue of destructive embryo re- Mr. BROWNBACK. Mr. President, in lieve should receive a significant in- search. order to provide the justification for crease in funding. As my colleagues are well aware, the NIH guidelines, the Department of The Presiding Officer, myself, and ev- Congress outlawed federal funding for Health and Human Services wrote a eryone else in the room have stem cells harmful embryo research in 1996 and legal opinion reviewing the ban just within us. has maintained that prohibition ever mentioned above and whether or not It has been a discovery within the since. The ban is broad-based and spe- Federal money could be used to con- past couple of years. These stem cells cific; funds cannot be used for ‘‘re- duct research on so-called human reproduce other cells within our body. search in which a human embryo or pluripotent stem cells that had been We have them in our fat tissue, our embryos are destroyed, discarded or derived from an embryo. My conclu- bones, and our brain. These are cells knowingly subjected to risk of injury sion—and that of many of my col- that can now be taken out, grown, and or death.’’ The intent of Congress is leagues—is that this research is illegal. they have multiple actions of other clear—if a research project requires the it is illegal for this reason: the delib- material, other tissue they can replace. destruction of human embryos no fed- erate killing of a human embryo is an It is very exciting and very promising. eral funds should be used for that essential component of the con- It does not have the ethical problems project. templated research; and without the of killing another life and does not The NIH, during the Clinton adminis- destruction of the embryo the proposed have the immune rejection problems tration, published guidelines that research would be impossible, which like taking DNA material from another sought to circumvent this language. At brings us to a discussion of the moral- life and putting it into someone else. It the time, several of my colleagues, and ity of this research. is our own DNA. It is our own material, myself, sent a letter to the NIH stating Recently there was a bill introduced, and it is showing great promise. I want our opposition to the guidelines. the Stem Cell Research Act of 2001, to read some of the significant ad- It read, in part, seemingly based on the NBAC rec- vances that have taken place in recent Despite their title, the NIH guidelines do ommendations, which seeks to allow times in adult stem cell research, not regulate stem cell research. Rather, they Federal funding for researchers to kill which I strongly support, and I support regulate the means by which researchers living human embryos. our increasing funding in a substantial may obtain and destroy live human embryos Under this bill federal researchers way for adult stem cell research. in order to receive Federal funds for subse- quent stem cell research. Clearly, the de- would be allowed to obtain their own Research has shown the pluripotent struction of human embryos is an integral supply of living human embryos, which nature of adult stem cells. In other part of the contemplated research, in viola- they would then be allowed to kill for words, they can have a multitude of op- tion of the law. research purposes. tions. Research shows the ability of a That is simply because to get embry- The very act of harvesting cells from single adult bone marrow stem cell to onic stem cells you have to kill the live human embryos results in the repopulate the bone marrow, forming embryo. You kill an embryo to ‘‘har- death of the embryo. Therefore, if en- functional marrow and blood cells, and vest’’ stem cells and use them. This is acted, this bill would result in the de- also differentiating into functional destructive human embryonic research. liberate destruction of human em- cells of liver, lung, gastrointestinal The letter that I cited was signed by, bryos—human life in its most infant tract—esophagus, stomach, intestine, among others, Senators TRENT LOTT, stage. colon—and skin, with indications it

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.015 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6395 could also form functional heart and In the future, people are going to say I thank the Chair. I yield the floor. skeletal muscle. The evidence shows they want embryonic stem cells, but The ACTING PRESIDENT pro tem- the stem cells home to sites of tissue what they really want is to be able to pore. The time of the Senator from damage. clone you, to clone another individual, Kansas has expired. In other words, these stem cells can take that DNA material from you, Under previous order, the time until go to the place where the damage is from me, from somebody in this room, 11:30 a.m. is under the control of the and start to reproduce and build up the destroy a young human embryo, put Senator from Illinois, Mr. DURBIN, or damaged material. the DNA material in there, start this his designee. The Senator from South This was a May 4, 2001, study that to reproducing for a while, kill that Carolina, Mr. HOLLINGS, controls 10 was just released on this pluripotent embryo, take the stem cells out, and minutes of that time. nature of adult stem cells. Adult stem work with those because they are exact f cells can repair cardiac damage. copies of the DNA from us. We do not Researchers at Baylor College of want to open this door of going the BETTER EDUCATION FOR Medicine found adult bone marrow route of cloning, and that is where this STUDENTS AND TEACHERS ACT stem cells could form functional heart is leading. AMENDMENT NO. 805 muscle and blood vessels in mice which Mr. President, that is why today I Mr. DURBIN. Mr. President, I ask had heart damage. They note their re- have spoken out on this topic. We unanimous consent, notwithstanding sults demonstrate the potential of should not be going this route. We do passage of H.R. 1, that amendment No. adult bone marrow stem cells for heart not need to go this route. It is illegal 805, a Torricelli amendment, be agreed repair and suggest a therapeutic strat- for us currently to go this route. I ask to and the motion to reconsider be laid egy that eventually could benefit pa- that we stop. This is a view that I be- upon the table. tients with heart attacks. The results lieve the President shares. In fact, in a The ACTING PRESIDENT pro tem- also suggest that circulating stem cells letter written to the Culture of Life pore. Without objection, it is so or- may naturally contribute to repair of Foundation, President Bush states: dered. tissues. I oppose Federal funding for stem-cell re- The amendment (No. 805) was agreed Also, scientists at Duke University search that involves destroying living to, as follows: human embryos. Medical Center showed that adult stem (Purpose: To require local educational agen- cells from a liver could transform into I ask unanimous consent that the cies and schools to implement school pest heart tissue when injected into mice. President’s letter be printed in the management plans and to provide parents, They say, ‘‘Recent evidence suggests RECORD. guardians, and staff members with notice that adult-derived stem cells, like There being no objection, the letter of the use of pesticides in schools) their embryonic counterparts, are was ordered to be printed in the At the appropriate place insert the fol- pluripotent....’’ They have a mul- RECORD, as follows: lowing: titude of options of this stem cell con- THE WHITE HOUSE, SEC. 9ll. PEST MANAGEMENT IN SCHOOLS. forming into bone, heart, and other Washington, DC, May 18, 2001. (a) SHORT TITLE.—This section may be types of tissue, and ‘‘these results dem- Mr. ROBERT A. BEST, cited as the ‘‘School Environment Protec- onstrate adult liver-derived stem cells President, The Culture of Life Foundation, Inc., tion Act of 2001’’. Washington, DC. (b) PEST MANAGEMENT.—The Federal Insec- respond to the tissue microenviron- DEAR MR. BEST: Thank you for your letter ticide, Fungicide, and Rodenticide Act is ment....’’ about the important issue of stem cell re- amended— In other words, what is the environ- search. (1) by redesignating sections 33 and 34 (7 ment that the tissue is placed into, and I share your concern and believe that we U.S.C. 136x, 136y) as sections 34 and 35, re- that is what it is responding to and de- can and must do more to find the causes and spectively; and veloping. cures of diseases that affect the lives of too (2) by inserting after section 32 (7 U.S.C. Researchers at New York Medical many Americans. 136w–7) the following: That’s why I have proposed to double fund- ‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS. College report results that show regen- ing for National institutes of Health medical eration of heart muscle is possible research on important diseases that affect so ‘‘(a) DEFINITIONS.—In this section: after heart attack, possibly from heart many American families, such as breast can- ‘‘(1) BAIT.—The term ‘bait’ means a pes- adult stem cell. cer. My proposal represents the largest fund- ticide that contains an ingredient that I have several others I want to read, ing increase in the Institutes’ history, I also serves as a feeding stimulant, odor, pheromone, or other attractant for a target but one in particular I think is inter- have called for an extension of the Research and Development tax credit to help encour- pest. esting is that scientists have found ‘‘(2) CONTACT PERSON.—The term ‘contact stem cells in our fat. So now we can age companies to continue research into life- saving treatments. person’ means an individual who is— take fat stem cells, of which we do not I oppose Federal funding for stem-cell re- ‘‘(A) knowledgeable about school pest man- have a shortage in America, and those search that involves destroying living agement plans; and adult stem cells can be derived and human embryos. I support innovative med- ‘‘(B) designated by a local educational made into other types of cells and ical research on life-threatening and debili- agency to carry out implementation of the grown. tating diseases, including promising research school pest management plan of a school. on stem cells from adult tissue. ‘‘(3) EMERGENCY.—The term ‘emergency’ A new report shows umbilical cord means an urgent need to mitigate or elimi- blood can provide effective treatment We have the technology to find these cures, and I want to make sure that the re- nate a pest that threatens the health or safe- of various blood disorders in adults. It sources are available as well. Only through a ty of a student or staff member. had previously been assumed that greater understanding through research will ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The there were too few stem cells in cord we be able to find cures that will bring new term ‘local educational agency’ has the blood to treat adults and only children hope and health to millions of Americans. meaning given the term in section 3 of the were treated. Sincerely, Elementary and Secondary Education Act of The results of this study show that GEORGE W. BUSH. 1965. ‘‘(5) SCHOOL.— cord blood stem cells can proliferate Mr. BROWNBACK. Mr. President, I ‘‘(A) IN GENERAL.—The term ‘school’ means extensively and provide sufficient num- fully anticipate that President Bush a public— bers of cells for adult treatments. will settle the issue of Federal funding ‘‘(i) elementary school (as defined in sec- My point is we do not have to destroy of embryonic stem cell research within tion 3 of the Elementary and Secondary Edu- another life to have the great success the context of the existing embryo re- cation Act of 1965); of stem cell work. We can take it out of search ban in the very near future, and ‘‘(ii) secondary school (as defined in sec- our own bodies. We can take it out of I hope we take up the issue of cloning tion 3 of the Act); our own fat and be able to grow these and ban it. It is a place we should not ‘‘(iii) kindergarten or nursery school that things, and we do not need to go down and do not need to go. I applaud the is part of an elementary school or secondary school; or the route of what is called therapeutic President in advance for his defense, ‘‘(iv) tribally-funded school. cloning, to which destructive embry- for his clear statement on cloning, as ‘‘(B) INCLUSIONS.—The term ‘school’ in- onic stem-cell research is going to well, and his defense of the most inno- cludes any school building, and any area out- lead. cent human life. side of a school building (including a lawn,

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.018 pfrm03 PsN: S19PT1 S6396 CONGRESSIONAL RECORD — SENATE June 19, 2001 playground, sports field, and any other prop- ‘‘(iv) establish guidelines that are con- room is occupied or in use by students or erty or facility), that is controlled, managed, sistent with the definition of a school pest staff members (except students and staff par- or owned by the school or school district. management plan under subsection (a); ticipating in regular or vocational agricul- ‘‘(6) SCHOOL PEST MANAGEMENT PLAN.—The ‘‘(v) require that each local educational tural instruction involving the use of pes- term ‘school pest management plan’ means a agency use a certified applicator or a person ticides); and pest management plan developed under sub- authorized by the State agency to imple- ‘‘(ii) the use by students or staff members section (b). ment the school pest management plans; of an area or room treated with a pesticide ‘‘(7) STAFF MEMBER.— ‘‘(vi) be consistent with the State coopera- by broadcast spraying, baseboard spraying, ‘‘(A) IN GENERAL.—The term ‘staff member’ tive agreement under section 23; and tenting, or fogging during— means a person employed at a school or local ‘‘(vii) require the posting of signs in ac- ‘‘(I) the period specified on the label of the educational agency. cordance with paragraph (4)(G). pesticide during which a treated area or ‘‘(B) EXCLUSIONS.—The term ‘staff member’ ‘‘(D) APPROVAL BY ADMINISTRATOR.—Not room should remain unoccupied; or does not include— later than 90 days after receiving a school ‘‘(II) if there is no period specified on the ‘‘(i) a person hired by a school, local edu- pest management plan submitted by a State label, the 24-hour period beginning at the end cational agency, or State to apply a pes- agency under subparagraph (B), the Adminis- of the treatment. ticide; or trator shall— ‘‘(3) CONTACT PERSON.— ‘‘(ii) a person assisting in the application ‘‘(i) determine whether the school pest ‘‘(A) IN GENERAL.—Each local educational of a pesticide. management plan, at a minimum, meets the agency shall designate a contact person to ‘‘(8) STATE AGENCY.—The term ‘State agen- requirements of subparagraph (C); and carry out a school pest management plan in cy’ means the an agency of a State, or an ‘‘(ii)(I) if the Administrator determines schools under the jurisdiction of the local agency of an Indian tribe or tribal organiza- that the school pest management plan meets educational agency. tion (as those terms are defined in section 4 the requirements, approve the school pest ‘‘(B) DUTIES.—The contact person of a local of the Indian Self-Determination and Edu- management plan as part of the State coop- educational agency shall— cation Assistance Act (25 U.S.C. 450b)), that erative agreement; or ‘‘(i) maintain information about the sched- exercises primary jurisdiction over matters ‘‘(II) if the Administrator determines that uling of pesticide applications in each school relating to pesticide regulation. the school pest management plan does not under the jurisdiction of the local edu- ‘‘(9) UNIVERSAL NOTIFICATION.—The term meet the requirements— cational agency; ‘universal notification’ means notice pro- ‘‘(aa) disapprove the school pest manage- ‘‘(ii) act as a contact for inquiries, and dis- vided by a local educational agency or school ment plan; seminate information requested by parents to— ‘‘(bb) provide the State agency with rec- or guardians, about the school pest manage- ‘‘(A) parents, legal guardians, or other per- ommendations for and assistance in revising ment plan; sons with legal standing as parents of each the school pest management plan to meet ‘‘(iii) maintain and make available to par- child attending the school; and the requirements; and ents, legal guardians, or other persons with ‘‘(B) staff members of the school. ‘‘(cc) provide a 90-day deadline by which legal standing as parents of each child at- the State agency shall resubmit the revised ‘‘(b) SCHOOL PEST MANAGEMENT PLANS.— tending the school, before and during the no- school pest management plan to obtain ap- tice period and after application— ‘‘(1) STATE PLANS.— proval of the plan, in accordance with the ‘‘(I) copies of material safety data sheet for ‘‘(A) GUIDANCE.—As soon as practicable State cooperative agreement. pesticides applied at the school, or copies of (but not later than 180 days) after the date of ‘‘(E) DISTRIBUTION OF STATE PLAN TO material safety data sheets for end-use dilu- enactment of the School Environment Pro- SCHOOLS.—On approval of the school pest tions of pesticides applied at the school, if tection Act of 2001, the Administrator shall management plan of a State agency, the data sheets are available; develop, in accordance with this section— State agency shall make the school pest ‘‘(II) labels and fact sheets approved by the ‘‘(i) guidance for a school pest management management plan available to each local Administrator for all pesticides that may be plan; and educational agency in the State. used by the local educational agency; and ‘‘(ii) a sample school pest management ‘‘(F) EXCEPTION FOR EXISTING STATE ‘‘(III) any final official information related plan. PLANS.—If, on the date of enactment of the ‘‘(B) PLAN.—As soon as practicable (but School Environment Protection Act of 2001, to the pesticide, as provided to the local edu- not later than 1 year) after the date of enact- a State has implemented a school pest man- cational agency by the State agency; and ment of the School Environment Protection agement plan that, at a minimum, meets the ‘‘(iv) for each school, maintain all pes- Act of 2001, each State agency shall develop requirements under subparagraph (C) (as de- ticide use data for each pesticide used at the and submit to the Administrator for ap- termined by the Administrator), the State school (other than antimicrobial pesticides proval, as part of the State cooperative agency may maintain the school pest man- (as defined in clauses (i) and (ii) of section agreement under section 23, a school pest agement plan and shall not be required to de- 2(mm)(1)(A))) for at least 3 years after the management plan for local educational agen- velop a new school pest management plan date on which the pesticide is applied; and cies in the State. under subparagraph (B). ‘‘(v) make that data available for inspec- ‘‘(C) COMPONENTS.—A school pest manage- ‘‘(2) IMPLEMENTATION BY LOCAL EDU- tion on request by any person. ment plan developed under subparagraph (B) CATIONAL AGENCIES.— ‘‘(4) NOTIFICATION.— shall, at a minimum— ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(A) UNIVERSAL NOTIFICATION.—At the be- ‘‘(i) implement a system that— after the date on which a local educational ginning of each school year, at the midpoint ‘‘(I) eliminates or mitigates health risks, agency receives a copy of a school pest man- of each school year, and at the beginning of or economic or aesthetic damage, caused by agement plan of a State agency under para- any summer session (as determined by the pests; graph (1)(E), the local educational agency school), a local educational agency or school ‘‘(II) employs— shall develop and implement in each of the shall provide to staff members of a school, ‘‘(aa) integrated methods; schools under the jurisdiction of the local and to parents, legal guardians, and other ‘‘(bb) site or pest inspection; educational agency a school pest manage- persons with legal standing as parents of stu- ‘‘(cc) pest population monitoring; and ment plan that meets the standards and re- dents enrolled at the school, a notice de- ‘‘(dd) an evaluation of the need for pest quirements under the school pest manage- scribing the school pest management plan management; and ment plan of the State agency, as deter- that includes— ‘‘(III) is developed taking into consider- mined by the Administrator. ‘‘(i) a summary of the requirements and ation pest management alternatives (includ- ‘‘(B) EXCEPTION FOR EXISTING PLANS.—If, on procedures under the school pest manage- ing sanitation, structural repair, and me- the date of enactment of the School Environ- ment plan; chanical, biological, cultural, and pesticide ment Protection Act of 2001, a State main- ‘‘(ii) a description of any potential pest strategies) that minimize health and envi- tains a school pest management plan that, at problems that the school may experience (in- ronmental risks; a minimum, meets the standards and criteria cluding a description of the procedures that ‘‘(ii) require, for pesticide applications at established under this section (as determined may be used to address those problems); the school, universal notification to be pro- by the Administrator), and a local edu- ‘‘(iii) the address, telephone number, and vided— cational agency in the State has imple- website address of the Office of Pesticide ‘‘(I) at the beginning of the school year; mented the State school pest management Programs of the Environmental Protection ‘‘(II) at the midpoint of the school year; plan, the local educational agency may Agency; and and maintain the school pest management plan ‘‘(iv) the following statement (including ‘‘(III) at the beginning of any summer ses- and shall not be required to develop and im- information to be supplied by the school as sion, as determined by the school; plement a new school pest management plan indicated in brackets): ‘‘(iii) establish a registry of staff members under subparagraph (A). ‘As part of a school pest management plan, of a school, and of parents, legal guardians, ‘‘(C) APPLICATION OF PESTICIDES AT [ ] may use pesticides to control pests. or other persons with legal standing as par- SCHOOLS.—A school pest management plan The Environmental Protection Agency ents of each child attending the school, that shall prohibit— (EPA) and [ ] registers pesticides for have requested to be notified in advance of ‘‘(i) the application of a pesticide to any that use. EPA continues to examine reg- any pesticide application at the school; area or room at a school while the area or istered pesticides to determine that use of

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.020 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6397 the pesticides in accordance with instruc- and provided to the local educational agency ‘‘(dd) the name and telephone number of tions printed on the label does not pose un- by the State agency; the designated contact person; and reasonable risks to human health and the en- ‘‘(V) a description of the purpose of the ap- ‘‘(ee) the statement contained in subpara- vironment. Nevertheless, EPA cannot guar- plication of the pesticide; graph (A)(iv). antee that registered pesticides do not pose ‘‘(VI) the address, telephone number, and ‘‘(iv) OUTDOOR PESTICIDE APPLICATIONS.— risks, and unnecessary exposure to pesticides website address of the Office of Pesticide ‘‘(I) IN GENERAL.—In the case of an outdoor should be avoided. Based in part on rec- Programs of the Environmental Protection pesticide application at a school, each sign ommendations of a 1993 study by the Na- Agency; and shall include at least 3 dates, in chrono- tional Academy of Sciences that reviewed ‘‘(VII) the statement described in subpara- logical order, on which the outdoor pesticide registered pesticides and their potential to graph (A)(iv) (other than the ninth sentence application may take place if the preceding cause unreasonable adverse effects on human of that statement). date is canceled. health, particularly on the health of preg- ‘‘(C) NOTIFICATION AND POSTING EXEMP- nant women, infants, and children, Congress ‘‘(II) DURATION OF POSTING.—A sign de- TION.—A notice or posting of a sign under enacted the Food Quality Protection Act of scribed in subclause (I) shall be posted after subparagraph (A), (B), or (G) shall not be re- 1996. That law requires EPA to reevaluate all an outdoor pesticide application in accord- quired for the application at a school of— registered pesticides and new pesticides to ance with clauses (ii) and (iii). measure their safety, taking into account ‘‘(i) an antimicrobial pesticide; ‘‘(5) EMERGENCIES.— the unique exposures and sensitivity that ‘‘(ii) a bait, gel, or paste that is placed— ‘‘(A) IN GENERAL.—A school may apply a pregnant women, infants, and children may ‘‘(I) out of reach of children or in an area pesticide at the school without complying have to pesticides. EPA review under that that is not accessible to children; or with this part in an emergency, subject to law is ongoing. You may request to be noti- ‘‘(II) in a tamper-resistant or child-resist- subparagraph (B). fied at least 24 hours in advance of pesticide ant container or station; and ‘‘(B) SUBSEQUENT NOTIFICATION OF PARENTS, applications to be made and receive informa- ‘‘(iii) any pesticide that, as of the date of GUARDIANS, AND STAFF MEMBERS.—Not later tion about the applications by registering enactment of the School Environment Pro- than the earlier of the time that is 24 hours with the school. Certain pesticides used by tection Act of 2001, is exempt from the re- after a school applies a pesticide under this the school (including baits, pastes, and gels) quirements of this Act under section 25(b) paragraph or on the morning of the next are exempt from notification requirements. (including regulations promulgated at sec- business day, the school shall provide to If you would like more information con- tion 152 of title 40, Code of Federal Regula- each parent or guardian of a student listed cerning any pesticide application or any tions (or any successor regulation)). on the registry, a staff member listed on the product used at the school, contact ‘‘(D) NEW STAFF MEMBERS AND STUDENTS.— registry, and the designated contact person, []’. After the beginning of each school year, a notice of the application of the pesticide in ‘‘(B) NOTIFICATION TO PERSONS ON REG- local educational agency or school within a an emergency that includes— ISTRY.— local educational agency shall provide each ‘‘(i) the information required for a notice ‘‘(i) IN GENERAL.—Except as provided in notice required under subparagraph (A) to— under paragraph (4)(G); and clause (ii) and paragraph (5)— ‘‘(i) each new staff member who is em- ‘‘(ii) a description of the problem and the ‘‘(I) notice of an upcoming pesticide appli- ployed during the school year; and factors that required the application of the cation at a school shall be provided to each ‘‘(ii) the parent or guardian of each new pesticide to avoid a threat to the health or person on the registry of the school not later student enrolled during the school year. safety of a student or staff member. than 24 hours before the end of the last busi- ‘‘(E) METHOD OF NOTIFICATION.—A local ‘‘(C) METHOD OF NOTIFICATION.—The school ness day during which the school is in ses- educational agency or school may provide a may provide the notice required by para- sion that precedes the day on which the ap- notice under this subsection, using informa- graph (B) by any method of notification de- plication is to be made; and tion described in paragraph (4), in the form scribed in paragraph (4)(E). ‘‘(II) the application of a pesticide for of— ‘‘(D) POSTING OF SIGNS.—Immediately after which a notice is given under subclause (I) ‘‘(i) a written notice sent home with the the application of a pesticide under this shall not commence before the end of the students and provided to staff members; paragraph, a school shall post a sign warning business day. ‘‘(ii) a telephone call; of the pesticide application in accordance ‘‘(ii) NOTIFICATION CONCERNING PESTICIDES ‘‘(iii) direct contact; with clauses (ii) through (iv) of paragraph USED IN CURRICULA.—If pesticides are used as ‘‘(iv) a written notice mailed at least 1 (4)(B). part of a regular vocational agricultural cur- week before the application; or riculum of the school, a notice containing ‘‘(v) a notice delivered electronically (such ‘‘(c) RELATIONSHIP TO STATE AND LOCAL RE- the information described in subclauses (I), as through electronic mail or facsimile). QUIREMENTS.—Nothing in this section (in- (IV), (VI), and (VII) of clause (iii) for all pes- ‘‘(F) REISSUANCE.—If the date of the appli- cluding regulations promulgated under this ticides that may be used as a part of that cation of the pesticide needs to be extended section)— curriculum shall be provided to persons on beyond the period required for notice under ‘‘(1) precludes a State or political subdivi- the registry only once at the beginning of this paragraph, the school shall issue a no- sion of a State from imposing on local edu- each academic term of the school. tice containing only the new date and loca- cational agencies and schools any require- ‘‘(iii) CONTENTS OF NOTICE.—A notice under tion of application. ment under State or local law (including reg- clause (i) shall contain— ‘‘(G) POSTING OF SIGNS.— ulations) that is more stringent than the re- ‘‘(I) the trade name, common name (if ap- ‘‘(i) IN GENERAL.—Except as provided in quirements imposed under this section; or plicable), and Environmental Protection paragraph (5)— ‘‘(2) establishes any exception under, or af- Agency registration number of each pes- ‘‘(I) a school shall post a sign not later fects in any other way, section 24(b). ticide to be applied; than the last business day during which ‘‘(II) a description of each location at the school is in session preceding the date of ap- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— school at which a pesticide is to be applied; plication of a pesticide at the school; and There are authorized to be appropriated such ‘‘(III) a description of the date and time of ‘‘(II) the application for which a sign is sums as are necessary to carry out this sec- application, except that, in the case of an posted under subclause (I) shall not com- tion.’’. outdoor pesticide application, a notice shall mence before the time that is 24 hours after (c) CONFORMING AMENDMENT.—The table of include at least 3 dates, in chronological the end of the business day on which the sign contents in section 1(b) of the Federal Insec- order, on which the outdoor pesticide appli- is posted. cation may take place if the preceding date ‘‘(ii) LOCATION.—A sign shall be posted ticide, Fungicide, and Rodenticide Act (7 is canceled; under clause (i)— U.S.C. prec. 121) is amended by striking the ‘‘(IV) all information supplied to the local ‘‘(I) at a central location noticeable to in- items relating to sections 30 through 32 and educational agency by the State agency, in- dividuals entering the building; and inserting the following: cluding a description of potentially acute ‘‘(II) at the proposed site of application. ‘‘Sec. 30. Minimum requirements for training and chronic effects that may result from ex- ‘‘(iii) ADMINISTRATION.—A sign required to posure to each pesticide to be applied based be posted under clause (i) shall— of maintenance applicators and on— ‘‘(I) remain posted for at least 24 hours service technicians. ‘‘(aa) a description of potentially acute and after the end of the application; ‘‘Sec. 31. Environmental Protection Agency chronic effects that may result from expo- ‘‘(II) be— minor use program. 1 sure to each pesticide to be applied, as stated ‘‘(aa) at least 8 ⁄2 inches by 11 inches for ‘‘Sec. 32. Department of Agriculture minor on the label of the pesticide approved by the signs posted inside the school; and use program. Administrator; ‘‘(bb) at least 4 inches by 5 inches for signs ‘‘(bb) information derived from the mate- posted outside the school; and ‘‘(a) In general. rial safety data sheet for the end-use dilu- ‘‘(III) contain— ‘‘(b)(1) Minor use pesticide data. tion of the pesticide to be applied (if avail- ‘‘(aa) information about the pest problem able) or the material safety data sheets; and for which the application is necessary; ‘‘(2) Minor Use Pesticide Data ‘‘(cc) final, official information related to ‘‘(bb) the name of each pesticide to be used; Revolving Fund. the pesticide prepared by the Administrator ‘‘(cc) the date of application; ‘‘Sec. 33. Pest management in schools.

VerDate 19-JUN-2001 01:04 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0655 E:\CR\FM\A19JN6.020 pfrm03 PsN: S19PT1 S6398 CONGRESSIONAL RECORD — SENATE June 19, 2001 ‘‘(a) Definitions. school pest management plan, a state- this country. What could that issue ‘‘(1) Bait. ment about pesticides, information on possibly be? Health care. It is about ‘‘(2) Contact person. how to sign up to be notified prior to whether or not our health insurance ‘‘(3) Emergency. ‘‘(4) Local educational agen- all pesticide applications, notice of pes- will be there when we need it. cy. ticides that are exempt from notifica- Yesterday in Springfield, IL, my ‘‘(5) School. tion requirements, and information on hometown, I had a press conference. I ‘‘(6) Staff member. who to contact for additional informa- invited three local doctors and two ‘‘(7) State agency. tion regarding pesticide applications at local nurses to talk about health care ‘‘(8) Universal notification. the school. The amendment also gives today. They came and told stories ‘‘(b) School pest management parents the option of being notified at which were chilling, stories of their ef- plans. forts to provide quality medical care to ‘‘(1) State plans. least 24 hours in advance of every pes- ‘‘(2) Implementation by local ticide application. Between universal the people of my hometown and how educational agencies. notification and this additional notice time and again they ran into road- ‘‘(3) Contact person. option, parents will be armed with the blocks, obstacles, and barriers from ‘‘(4) Notification. knowledge they need to protect their HMOs, and other health insurance com- ‘‘(5) Emergencies. children from potentially harmful pes- panies, which tried to overrule medical ‘‘(c) Relationship to State and decisions. local requirements. ticides when they send them to school. It is an enormous and hard fought vic- A cardiologist who came forward ‘‘(d) Authorization of appro- said: I brought a person into my office priations. tory for the health of our children. ‘‘Sec. 34. Severability. I would like to thank my colleagues, who was complaining of pain, thinking ‘‘Sec. 35. Authorization of appropriations.’’. Senators BOXER and REID for joining he suffered a heart attack. I was pre- (d) EFFECTIVE DATE.—This section and the me in introducing this important pared to provide emergency care and I amendments made by this section take ef- amendment. Their strong support for did, only to learn that his health insur- fect on October 1, 2001. the protection of our children against ance company would not pay me be- Mr. TORRICELLI. Mr. President, I exposure to pesticides was critical to cause I did not happen to be in their rise today to announce a landmark the passage of this amendment. They network. This person who showed up at agreement regarding the use of pes- have both been leaders on this issue for my office, afraid he was going to die, ticides in our Nation’s schools. This years, and I look forward to their con- was supposed to read his health insur- agreement marks the first time that tinued advocacy on behalf of our Na- ance policy, look for the appropriate doctor, and make an appointment. the Federal Government will institute tion’s children. That is the reality of dealing with regulations on pesticides and school- I extend my thanks to the majority HMOs and health insurance companies children. The Senate unanimously ac- leader, Senator DASCHLE, for working today. cepted my amendment to the Elemen- to address the concerns of all sides. I tary and Secondary Education Act, A lady who is an OB/GYN in my appreciate the willingness of the man- hometown talked about women under which passed in the Senate late last agers of the bill, Chairman KENNEDY week. For the first time, parents in all her care preparing to deliver a baby and Senator GREGG, to have this im- who, because the employer of that fifty States will be notified when pes- portant issue considered in the context ticides are used in schools. woman changed health insurance com- of the ESEA bill. In addition, I wish to panies, were told in the closing days of This agreement was reached after thank the many groups whose support seven weeks of negotiations between the pregnancy that she could no longer this amendment enjoys, including: Be- be treated by her obstetrician, but had my staff, environmental health groups, yond Pesticides/National Coalition a broad coalition of pesticide, agri- to go to a new doctor, an approved doc- Against the Misuse of Pesticides, the tor, someone who had never seen her culture, and education groups. It was National Pest Management Associa- developed with these various groups to during the course of her pregnancy tion, Responsible Industry for a Sound simply because this health insurance achieve a balance between the need to Environment, American Crop Protec- company thought it could save a dollar protect children from pests and ad- tion Association, Consumer Specialty by referring this care to a different ob- dressing the concerns about the safety Products Association, Chemical Pro- stetrician. of pesticide applications. ducers and Distributors Association, The cases went on and on and on. A recent study by the General Ac- and the International Sanitary Supply Frankly, it should not come as a sur- counting Office found that no credible Association. I also appreciate the sup- prise. We have known for years that statistics exist regarding the amount port of the New Jersey Pest Manage- HMOs, health maintenance organiza- of pesticides used in public schools and ment Association, and the New Jersey tions, are really cost containment or- no information exists about students’ Environmental Federation. Finally, ganizations. Their job is to reduce the exposure to pesticides or their health this amendment would not have been cost of health care. What is secondary impacts. We can and must do a better possible without the work of Joe in their consideration is really quality job of providing accurate information Fiordaliso of my staff. medical care that all of us count on to parents and staff at our Nation’s I look forward to working with mem- when we go to a doctor or a hospital or schools regarding pesticide use and the bers of the conference on ESEA to en- rely on a nurse’s advice. That has been potential effects on our children. sure that this amendment is included the casualty in this debate. This amendment requires local edu- in the final bill, which is presented to Yesterday, in Springfield, IL, these cational agencies and schools to imple- President Bush. health professionals came forward. ment a school pest management plan. f They joined ranks with 500 organiza- This plan must incorporate pest con- tions which have endorsed a bill we HEALTH CARE trol methods that minimize health and will begin debating today on the floor environmental risks in school and Mr. DURBIN. Mr. President, I want of the Senate. Let me add just a post- around schools. This amendment does to address in morning business an script to that—I hope we will begin de- not ban any pesticide. It simply states issue, which will be the focus of debate bating it today. Yesterday we tried to that the area of the pesticide applica- in the Senate for the next 2 weeks. take up this bill, to talk about a Pa- tion must remain unoccupied during Many times our debates in this Cham- tients’ Bill of Rights. There was an ob- the treatment, and for some pesticides, ber are about issues that a lot of people jection from the Republican side of the the area must remain unoccupied for across America wonder what can this aisle. They wanted more time. up to 24 hours after the treatment. possibly mean to me, my family, or my I suggest to those who are following Perhaps the most important compo- future. This debate, believe me, will af- this debate, this particular issue has nent of this amendment is the require- fect every single one of us. been debated for a long time. In 1973, ment for schools to provide universal What we do—whether we pass a law the Health Maintenance Organization notification to parents three times or fail to pass a law—can have a direct Act became law, allowing employers to throughout the year. The universal no- impact on everyone witnessing this de- offer managed care insurance options. tice must include a summary of the bate and virtually everyone living in That was 28 years ago.

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.020 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6399 In 1995, our current President, then States can be held accountable for tree in the backyard and breaks his Governor George Bush, vetoed a Texas their conduct in a court of law? Frank- arm while you are visiting somebody, bill providing protection for HMO pa- ly, all of us—every individual, every and you race to the nearest hospital tients. family, every business—with only two only to learn they cannot treat you be- By 1996, the first Federal law regu- exceptions. There are two special class- cause you don’t happen to be on the ap- lating private insurance, this one al- es in the United States who cannot be proved list for your health insurance. lowing workers to keep coverage when brought into court and held account- Who in the world is going to carry changing their jobs, opened the door to able for their wrongdoing: their health insurance policy around in patients’ rights. The battle went on One, diplomats. You have heard of the glove compartment of their car to from there. those cases. Diplomats who come to find out which is the hospital that the We have known for years that we the United States, get involved in traf- HMO will allow you to go to? When it need to provide patients and their fam- fic accidents, and race away to their comes to emergency care, people ilies and people working for businesses home country, never having to face a should not be second-guessed. You go across America the protection of a Pa- court of law. That happens to be part where you need to go when you are in tients’ Bill of Rights. What we have be- of a treaty. We are stuck with it. an emergency situation. You should fore us today, what we will be debating What is the second special and privi- not have to face some insurance com- this week, is a bipartisan Patients’ Bill leged class in America that cannot be pany clerk who is second-guessing of Rights. Senator JOHN MCCAIN, a held accountable for its wrongdoing? that. leading Republican, is one of the lead- HMOs, health insurance companies. Direct access to OB/GYN providers— ing sponsors of this bill; Senators That is right. If they make a decision I mentioned the illustration in Spring- ARLEN SPECTER and LINCOLN CHAFEE denying you coverage and you suffer field. also Republicans support the bill as bodily injury or die as a result of it, Access to doctor-prescribed drugs. Do well; and virtually every Democratic the HMO or the health insurance com- you know what the HMOs do? They put Senator. On the House side the same pany cannot be sued. That is why they down a list of drugs for which they will can be said. Republican leaders, as well oppose the Patients’ Bill of Rights. pay. They pick and choose the ones as Democrats, and some 60 Republicans They want to maintain their special where they get the deepest discounts voted for this bill when it came up. from the pharmaceutical companies. So this is a bill that has been here for status. The HMOs think they are royalty in So you come in with a problem and a long time. It is a bill that now has this country, that they should be above your doctor takes a look and says: This strong bipartisan support, and it has is the drug. You need it. Is a break- been subjected to a lot of give and take the law. I disagree with that com- pletely. This bipartisan Patient Pro- through drug, and it is available, and I and compromise to come up with a rea- think I can get it for you. I say: Doc- sonable approach. Yet still we run into tection Act protects all patients across America. It doesn’t pick and choose tor, is it expensive? And he says it is the obstacles that are being presented because it is new, but it is just what by its opponents, the major opponents, like the Republican alternative. It says that you should have access to special- you need. Then he says: Will your com- of course, the health maintenance or- pany cover this? Is it on their approved ganizations. ists. If your doctor says your son or daughter has cancer and that a pedi- list, their formulary? Why are they opposed to this bill? Sadly, a lot of HMOs have picked a atric oncologist is the right person for Why don’t they want to create a Pa- list that doesn’t include all the good your child, that should be the final tients’ Bill of Rights? Frankly, they drugs a doctor can prescribe. The Pa- word. You should not leave it to some think it is going to cost them in terms tients’ Bill of Rights says the doctor of their profits. They don’t want to bean counter, some accountant, some has the last word. If this is the right give up the rights they have to make clerk in an insurance company 100 drug that can cure your disease and life-and-death decisions and overrule miles away. give you a good life, you should not It says you should be able to go out doctors and nurses to save a buck. That have to get into a debate or an appeals of network for a specialist. In other is what this debate comes down to. process with an HMO or a health insur- If you happen to visit Washington, words, if the HMO does not have that ance company over it. DC, and turn on television, you are doctor on the list, that should not be Finally, access to point-of-service likely to see their television adver- the deciding factor when determining plans. We have to make certain that tising. These HMOs are going to dump who is the best doctor for your wife or people across America, when they need millions of dollars into advertising, your husband when they are facing a access to good health care, have it. The trying to tell the people across Amer- serious illness. HMOs and health insurance companies ica that giving you the right to have Care coordination, standing refer- that put up these obstacles should not your doctor make a medical decision is rals—all of these mean that you can have the final word. not in your best interests, that they get good health. This is the debate we are about to are the ones who should be entrusted Coverage for clinical trials. Clinical have for the next 2 weeks. This is what with our health care, they are the ones trials are efforts a lot of people get the Senate will focus on. Is there any- who should make the call in life-or- into when they receive a diagnosis of a thing more important than our health? death decisions when it comes to med- condition or disease that might other- What would you give up for your ical treatment, when it comes to pre- wise be incurable. They take a drug health? I don’t think anyone would scription drugs that are necessary to that is being tested by the Food and give up anything for their health. That sustain your life. They say, frankly, we Drug Administration to see how it is the most important thing in your don’t need a Patients’ Bill of Rights. might apply to your cancer, your heart life. Now we face an onslaught of oppo- That is understandable, because do disease, your special problem. A lot of sition from the HMOs and the health you know what is at issue here? What insurance companies say: We will not insurance companies that say no to the is at issue here is accountability. We pay for clinical trials, you are on your Patients’ Bill of Rights. just finished 7 weeks of debate about own. Well, who can pay for it? Who in I salute Senator TOM DASCHLE, the education. The key word in that debate their right mind can say an average majority leader, because he said this at was ‘‘accountability.’’ People should be person in an average family in America a rally that we just held on the steps of held accountable, students by tests, can pay the tens of thousands of dol- the U.S. Capitol. He said the Senate teachers by the results of those tests, lars necessary for life-or-death treat- will stay in session until we pass a Pa- principals—everyone to be held ac- ment in a clinical trial? tients’ Bill of Rights. He has given no- countable. But when it comes to health That is what is at issue here; that is tice to all of us in the Senate: Put on care, the HMOs do not want to be held what is behind this bill. The Patients’ hold your Fourth of July parades and accountable. They believe they should Bill of Rights say these insurance com- your picnics back at the ranch. We are take their profits and not be account- panies must cover the clinical trials all talking about staying here and get- able. that are necessary to save your life. ting the job done. Let’s take a step back and look at What about coverage for emergency There are going to be fireworks on the big picture. Who in the United care? Imagine your son falls out of a The Mall, if you want to stick around

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.022 pfrm03 PsN: S19PT1 S6400 CONGRESSIONAL RECORD — SENATE June 19, 2001 here and you don’t want to pass a Pa- me—I think every medical doctor in the floor of the Senate. We can talk tients’ Bill of Rights. We can look out the House of Representatives now sup- about politics and law and all the rest the back window here, skip the parades ports the Democratic approach, the bi- of it. Let me introduce you to a little and picnics, and stay at work until we partisan approach we are offering on fellow I met a year or so ago named pass a Patients’ Bill of Rights. I guar- the floor. Roberto Cortes from Elk Grove Village, antee, you may or may not see fire- Mr. REID. The reason I asked the IL. This wonderful little kid is fighting works on The Mall, but we will see fire- Senator this question is that the Sen- for his life every single day on a res- works on the floor of the Senate be- ator in his chart said it is a bipartisan pirator. cause the HMOs and health insurance bill. MCCAIN a Republican, EDWARDS a His mom and dad are real-life Amer- companies are not going to give up eas- Democrat from the South, KENNEDY a ican heroes. They get up every morning ily. They are going to fight us every Senator from Massachusetts, they are and try to make a life for themselves step of the way. the chief sponsors of this legislation. and their family. They dedicate every Who are on the different sides in this This is bipartisan legislation. We have waking moment so this little boy stays debate? On one side are 550 health orga- some courageous people who have said alive. This is a fight that goes on every nizations and consumer organizations, we have had enough of this. minute of every day. If you can imag- standing for families and individuals This legislation, I have heard the ine, if his respirator stopped he would across America—doctors and nurses Senator say, is supported by every con- die, and they know this. They have him and consumer groups. sumer group in America plus every at home, and they watch him con- Who is on the other side, opposing medical group in America, subspecialty stantly. This is a fight they are willing our bill? One group, and one group group, specialty group, the American to take on. They didn’t know when only, the HMOs, the health insurance Medical Association, and even the law- they were fighting for Roberto’s life companies. They know what is at stake yers support this. I don’t know of a that they would also have to fight the here. What is at stake is their profit, time in the past where you have the insurance companies. His problem is and they are going to fight us tooth American Medical Association and the spinal muscular atrophy, a leading ge- and nail to try to stop this bill. trial lawyers together. Does the Sen- netic cause of death in kids under the I can guarantee this. We are going to ator know another occasion? age of 2. fight for a real Patients’ Bill of Rights, Mr. DURBIN. I certainly don’t. Usu- Last year, they sent me an e-mail to not a bill of goods. We are not going to ally they fight like cats and dogs. talk about the battles they have had pass some phony law and say to Amer- When it comes to this bill, both sides with their health insurance company. ica we have solved your problem. We believe the HMOs and the health insur- He needs a drug called Synagus to pro- are going to fight and stay here for this ance companies should not be above tect him against respiratory infection. fight until we pass it. For everyone the law. They should not be a special Do you know what the insurance com- who witnesses this debate, I cannot class. They should be held accountable pany said? No. No. His doctor said, this think of a more important topic for us like every other American and every little boy needs this drug to protect to face. other business for their wrongdoing. him against an infection when he is on Mr. REID. Will the Senator yield for They should, in being held accountable, a respirator, and the health insurance a question? understand when they make life-or- company said no. Imagine that for a minute. Imagine Mr. DURBIN. I am happy to yield to death decisions and they are wrong, that you are battling every single day my colleague from Nevada. they may face a jury of a dozen Ameri- to save this beautiful little boy, and Mr. REID. I have been here this cans who will decide whether or not it meanwhile you have a health insurance morning listening to the Senator’s was fair. company denying you access to a drug statement, and of course it is very good Mr. REID. The Senator made ref- that his doctor says he needs to stay and beautiful. But I would like to ask erence to the advertisements being paid for by the HMOs. They are run- alive. Can it get any worse than that? the Senator a couple of questions. That is what this debate is all about. We have been working on this bill for ning in Washington and all over Amer- Forget all of us in suits and ties and years. I have been impressed with a ica. What they are focusing on is this is fancy dresses in the Senate and remem- couple of people who have stood out in a bill that the lawyers want. Would the ber Roberto Cortes of Elk Grove Vil- recent weeks. They are Republicans— Senator agree with me that those man- lage, IL. Remember his mom and dad. one by the name of JOHN MCCAIN and aged care entities that oppose this leg- That is what the debate is all about. the other by the name of CHARLIE NOR- islation are trying to divert attention We can’t match the health insurance WOOD. They are both Republicans. One away from the consumer protections in industry when it comes to all the tele- is a dentist from Georgia, the other is this bill and making it a lawyer-versus- vision advertising they are buying but, a Senator from the State of Arizona the-rest-of-us piece of legislation? believe me, if I could tell Roberto’s who, among other things, spent 5 or 6 Mr. DURBIN. There is no question story to moms and dads across Amer- years in a prisoner-of-war camp, most about it. I often try to reflect on ica, I know what would happen when of that time in solitary confinement. whether or not the Congress of the this bill finally comes up for final pas- The Senator from Illinois and I came United States could have enacted So- sage. I thank my colleague from Ne- with Senator MCCAIN to the House of cial Security or Medicare or the Amer- vada for joining me. Representatives in 1982. We have long icans with Disabilities Act if some of Mr. REID. If I may ask the Senator acknowledged his courage; have we the most well-financed special interest one more question, I hope Roberto is not? groups in America decided they wanted doing OK. Senator DORGAN and I held a Mr. DURBIN. Absolutely. to buy large amounts of TV airtime on hearing in Las Vegas, NV, where a Mr. REID. I have been impressed television of America. That is what is mother’s testimony was not as opti- with the courage of CHARLIE NORWOOD happening. They have done it before. mistic. It was sad. She had had deal- from Georgia. Is the Senator from Illi- They are trying to do it now. They are ings with an HMO, and her son is now nois also impressed? trying to twist and distort this debate dead. That was her testimony. Senator Mr. DURBIN. The fact that he has to try to undermine the public’s senti- DORGAN and I will talk about that stood up and announced last Friday ment for real change and real protec- more as the debate goes on. The Sen- that he has tried to work with the tion for patients. ator from Illinois is right; the HMOs HMOs, tried to work with the Repub- They are going to lose because the deal with people’s health: Roberto, the lican leadership and with the White people of America know stories in their boy in Las Vegas, parents, mothers, House and has virtually given up be- own family and their neighbor’s fam- brothers and sisters. There is nothing cause they, frankly, will not support a ily. I will share for a moment—I see that is more devastating than having real Patients’ Bill of Rights. Congress- two of my colleagues coming to the someone sick and you can’t get what man NORWOOD, a Republican, has said floor—with my colleague from the you know needs to be done. That is he will openly support the Democrats. State of Nevada one of the things I what the debate is all about. If I am not mistaken—perhaps I am— think really tells the whole story. You It is about accountability. Are people the Senator from Nevada can correct can listen to Senators come and go on going to be held to a standard that is

VerDate 19-JUN-2001 00:08 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.024 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6401 fair? We are not asking for a standard The legislative clerk proceeded to remember what this is all about. You that is unfair or unreasonable or that call the roll. are either for protecting patients or has not been in place in the past. We Mr. NELSON of Florida. Mr. Presi- you are for the status quo, which pro- are asking to have the standard where dent, I ask unanimous consent that the tects HMOs. Current law states that an a doctor makes a decision as to the order for the quorum call be rescinded. HMO cannot be sued for any grievous care their patient receives and it is not The PRESIDING OFFICER (Mr. DAY- wrongs, whereas a physician, a nurse, a made by some clerk in a room in Balti- TON). Without objection, it is so or- hospital, or any other health care pro- more or San Jose; it is made by that dered. vider who commits a grievous wrong doctor who is taking care of that pa- Mr. NELSON of Florida. Mr. Presi- against a patient can be held account- tient. Will the Senator agree? dent, I rise on this first day of consid- able. Mr. DURBIN. I agree, and I thank the eration of the Patients’ Bill of Rights So it is a stark choice: Do you want Senator from Nevada for joining me. I to say that this is a glorious day, that to protect the patients, or do you want see the Senator from Minnesota is here finally, after a 5-year wait, the Senate to protect HMOs? You will get all the seeking recognition. can take up this important legislation. other arguments about whether or not Let me say, this is one of the most It is my hope that our colleagues on this is going to increase the cost to pa- important debates of the year. Until the other side of the aisle will not tients. There will be some increase, but the Senate leadership changed 2 weeks block this legislation, as has been ru- often as we consider the formulation of ago, this bill was buried in committee. mored all over the Capitol today. We law, we have to consider the tradeoffs. The health insurance companies had us have heard that there will be all kinds Is this protection of a patient’s right right where they wanted us. They of efforts to delay and distract. worth the tradeoff of a small—a very stuck this bill in committee and said: This issue is way too important for small—increase in the cost? Eighty You will not hear a national debate this country to withstand such poten- percent of the American people clearly about the Patients’ Bill of Rights. It is tially dilatory tactics. Indeed, the peo- say they want the rights of a patient a new day in the Senate. There is new ple of this country embrace patient protected. leadership, and there is a new agenda. protection and they embrace it in a bi- I am glad that we finally have this I am proud of the fact that my party partisan and, indeed, a nonpartisan issue before us. has brought forward as the first bill fashion. One of the greatest experiences in my that we will debate a Patients’ Bill of What does this bill do? It simply ad- professional life and a great honor for Rights. I am proud of it because I be- dresses a grievous wrong under Amer- me was having served for the last 6 lieve that is what we are all about. ican law. Currently, health care pro- years as the elected insurance commis- Frankly, on a bipartisan basis with viders are held accountable for their sioner of the State of Florida. In that Senator MCCAIN and Congressman NOR- mistakes and their malpractice, save capacity, I dealt weekly with insurance WOOD and others, we are making this a for one type of health care provider— companies, health insurance rates, and strong bipartisan fight. It isn’t a fight an insurance entity known as a health what it took to keep those insurance so that at the end of the day we can maintenance organization. companies and HMOs financially via- say our party won; this politician won. An HMO is exempt under the law. So ble, while at the same time being able It is a fight so that at the end of the this Patients’ Bill of Rights brings to to protect patients’ rights. day Roberto Cortes has a chance, and the floor of this Senate the oppor- I see this discussion of a Patients’ his mom and dad can focus on this lit- tunity to change the law so that HMOs Bill of Rights as the tip of an iceberg in tle boy’s life and that daily struggle, are held accountable for their grievous a discussion of the overall reform of the entire health care delivery system. not a struggle with the health insur- mistakes. This is just common sense Ultimately, this will become a discus- ance companies. and clearly, a standard of fairness. This sion of the reform of the Medicare sys- I yield the floor. is why we are seeing wide acceptance of tem in this country. I hope and have The PRESIDING OFFICER (Mr. NEL- the principles of this legislation re- SON of Florida). The Senator from Min- clearly had assurances from our great flected in the polls all over this coun- nesota. assistant majority leader, the Senator try. Mr. DAYTON. Mr. President, if I from Nevada, and our great leader, the Now let’s not be deceived. Those who might add a refrain to what my distin- Senator from South Dakota, that we want to torpedo this legislation say guished colleagues have been talking are going to take up Medicare reform that they support a Patients’ Bill of about, last year I helped set up a later this year. health care hot line in Minnesota. I Rights, and then they get all mired in We have a great opportunity for tak- started getting a flood of calls, just as the discussion of the technical details. ing the first steps addressing the com- the Senator from Illinois described, But it is clear cut: Either you are for prehensive question of health care re- from parents who are fighting those the patient or for the HMO when it form and health insurance reform that same kinds of battles. I don’t have pic- comes down to the question of account- will ultimately address the fact that 44 tures here, but I can see them in my ability for grievous mistakes. million people in this country do not Now there has, in the course of this mind’s eye, the young boys and girls have health insurance, 21⁄2 million of and the grieving families, fighting fam- discussion, arisen a very legitimate these people are in my own State of ilies who are trying to deal with the concern. HMOs are a major provider of Florida. Clearly, they get health care. tragedy of their lives and have heaped insurance for employers. Therefore, an They often get it at the most expensive on them the further tragedy of HMOs employer is quite concerned that they place, which is the emergency room, or insurance companies not providing might have some liability because they and at the most expensive time when or not paying for the care. Suddenly engage the particular HMO as their in- the sniffles have turned into pneu- they are incurring tens of thousands of surance company. So, quite naturally, monia. But that is a discussion for an- dollars of debt, in addition to God- an employer does not want to have other day. awful personal losses. joint liability with an HMO that has The discussion, however, starts today So I certainly rise in support of the perpetrated some grievous malpractice. along the long, tortuous road of health legislation. I agree with the Senator In this bipartisan legislation offered care reform with a most important from Illinois that the change in the by Senators MCCAIN, EDWARDS, and first step; that is, enacting a Patients’ leadership of this body—the now-ma- KENNEDY, there is protection for the Bill of Rights. jority leader and assistant majority employer, and the employer would only I am proud to come to the floor and leader are making the difference in be liable if the employer had partici- be able to address this. I intend to this legislation coming to the Senate pated in that grievous malpractice. speak out on this important issue floor. I hope we can commence debate So as that issue arises, particularly again and again over the course of the on it today. among the business community, which next several days, and the next couple Mr. President, I suggest the absence legitimately ought to be concerned of weeks, until we pass this important of a quorum. with that issue, don’t be deceived, be- piece of legislation. The PRESIDING OFFICER. The cause you are protected. As we get into Thank you, Mr. President. I yield the clerk will call the roll. the discussion of this legislation, let’s floor.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.026 pfrm03 PsN: S19PT1 S6402 CONGRESSIONAL RECORD — SENATE June 19, 2001 The PRESIDING OFFICER. The Sen- As her mother said, when Jessica’s erybody will be able to celebrate that ator from Michigan. family should have been spending pre- we have created the important patient f cious time—she used to like to sit on protections that our families in this the porch and read books and blow bub- country need. PATIENTS’ BILL OF RIGHTS bles—with Jessica in her final year of I yield back, Mr. President. Ms. STABENOW. Mr. President, life, they were forced to spend count- The PRESIDING OFFICER (Mr. NEL- today, the Senate will begin serious less hours fighting with the HMO bu- SON of Florida). The Senator from Ne- consideration of one of the most impor- reaucrats about her care. vada. tant issues for every family in Amer- Jessica’s insurance plan was changed f ica—genuine protections for patients in just days before she was admitted to CONCLUSION OF MORNING managed care plans. As many of my the hospital for surgery. After months BUSINESS colleagues know, this issue has been of trying to figure out what to do about Mr. REID. My understanding is that one of my top priorities for a very long her seizures—she had 60 seizures in a the hour of morning business is now time and I am very pleased that real row—her family worked with the doc- debate has begun on the McCain, Ed- terminated; is that right? tor who had been treating her. This is The PRESIDING OFFICER. The Sen- wards, Kennedy bill—a bipartisan com- prior to the change. They said she ator is correct. promise for a meaningful Patients’ Bill needed an operation. It was scheduled Mr. REID. I suggest the absence of a of Rights. for May 12 of 1999. Unfortunately, her quorum. It is important to note that there has insurance changed to the HMO on May The PRESIDING OFFICER. The been a tremendous amount of work 1 without their knowledge. She had the clerk will call the roll. done to get to this point. This truly is operation on May 12. The legislative clerk proceeded to a compromise. It is truly bipartisan. I On May 17, they got a notice that the call the roll. congratulate my colleagues for work- insurance had changed and they Mr. DASCHLE. Mr. President, I ask ing so hard. I am very proud to be one wouldn’t cover it because she didn’t unanimous consent the order for the of the cosponsors of this bill. have preauthorization. quorum call be rescinded. I strongly believe that every person This is not a new story. We hear The PRESIDING OFFICER. Without has a right to affordable quality health story after story about people who find objection, it is so ordered. care. Whether we are talking about ac- themselves in situations where they Mr. DASCHLE. Mr. President, this is cess to nursing homes, prescription didn’t have preauthorization for things an important day—and one that has drugs for seniors, or the Patients’ Bill that were beyond their knowledge at been a long, long time coming. of Rights, I have fought to improve the time. It has been nearly 5 years since health care for every American. Unfortunately, to this day, that sur- President Clinton, at the time, ap- As we start this debate, I remind all gery was not paid for, and the Lukers pointed an independent panel of health of my colleagues that this debate is are paying for that themselves, while care experts and asked them to come about real people and their real experi- at the same time after they found out up with a Patients’ Bill of Rights. ences with HMOs. that she had the HMO, they would not It has been more than 4 years since We have not made this up. This is allow her doctor of 14 years to treat President Clinton urged Congress to about real people who have come to us her—and in her final year of life. pass a Patients’ Bill of Rights reflect- who have expressed concerns. They Jessica’s story demonstrates why we ing the panel’s recommendations. paid for health care. They assumed need patient protections. We must It has been more than 3 years since that their families would have it when make sure when our families have in- the first bipartisan Patients’ Bill of they needed it. Too many people find surance and believe the health care Rights was introduced in the House. And, it has been nearly 2 years since out that when it is time for that care will be there when their families need the last time we debated a real Pa- to be given, whether it is in an emer- it that they can count on that to hap- tients’ Bill of Rights here in the Sen- gency room, whether it is a doctor rec- pen; that they are not fighting about ate. ommending a form of treatment, they what day they got a notice about a We have talked long enough. There is are not able to receive it for their fam- change in the insurance; or they are only one thing left to do. We need to ily. It is not right. That is why we are not fighting about their doctor who has pass a real, enforceable Patients’ Bill here. been treating a family member for of Rights now. I want to share one story today about years not being able to continue be- The reason we are debating this bill a young woman named Jessica and her cause they do not fit into the list of is because so many people—inside and family in Royal Oak, MI. Jessica’s the HMO. outside of Congress—refused to give up. story is one example of many of why This is just one example. I have I especially want to thank the Senate we need to pass these important pa- heard stories throughout Michigan. sponsors: my colleague, Senator KEN- tient protections. But today we have an opportunity to NEDY, who has spent his entire adult I am proud to have worked with this begin the process to change it. life—nearly 40 years—working to im- family, speaking on behalf of families When I came to Washington as a prove health care for all Americans; all over this country. United States Senator from Michigan, my colleague, Senator JOHN EDWARDS, Jessica was born in 1975 with a rare I brought a picture of Jessica. The pic- who has played an indispensable role in metabolic disorder that required vigi- ture is sitting on my desk in my office finding an honest, honorable middle lant medical care. Unfortunately, her in the Hart Building. That picture is ground on the difficult question of li- disorder was not curable and she passed going to remain there until we pass ability; and my colleague, Senator away September 10, 1999. this bill. This bill is for Jessica and JOHN MCCAIN, for having the courage— During the last year of her life, every person who has ever needed care once again—to disregard party labels Jessica’s health insurance changed. and been denied it by an HMO. and challenge the special interests in Her family doctor, who had been treat- This picture I want to be able to take order to change what needs to be ing her all of her life, was not covered down pretty soon. It has been there changed. by the new HMO that she was forced long enough. Families have had to This bill matters—deeply matters— into, and Jessica had to seek treatment fight long enough. I am looking for- to America’s families. More than 70 through another physician. Her dis- ward to the day when I can give that percent of all Americans with insur- ease, however, was so complex that she picture back to Mr. and Mrs. Luker and ance and 80 percent of all Americans and her family could not find a new say: We did it. who get their insurance on the job—are doctor with the HMO. Today we can begin that process. now in some kind of managed care pro- Mrs. Luker talks about going name Let’s not fight about all the various gram. To them, this isn’t a political by name, page by page, and book by wranglings of the internal politics of issue; it can be a life-or-death issue. book through all of the physicians in this body. Let’s keep our focus on the This bill ensures that doctors, not in- the HMO, and none of them were will- Jessicas and on the families of this surance companies, make medical deci- ing to treat Jessica. country. If we do the right thing, ev- sions. It guarantees patients the right

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.030 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6403 to hear all of their treatment options— licans, CHARLIE NORWOOD and GREG President will decide to join us once he not just the cheapest ones. It says you GANSKE. Outside of Congress, 85 per- hears the debate and sees what our bill have the right to go to the nearest cent of all people surveyed—and 79 per- actually does. emergency room when you need emer- cent of Republicans—support the pro- In the second Presidential debate, gency care. It guarantees you the right tections in this plan, and so do more then-Governor Bush said: to see a specialist if you need one. It than 500 major health care, consumer It’s time for our nation to come together gives women the right to see an OB– and patient-advocate groups all across and do what’s right for people.... It’s time GYN without having to see another the country. to pass a national Patients’ Bill of Rights. doctor first to get permission. And it There has been one other significant We agree. The American people have guarantees that parents can choose a change since the first time we debated been waiting too long. Working to- pediatrician as their child’s primary a Patients’ Bill of Rights. Before, we gether in good faith we can end this care provider, if they need one. could only guess what would happen if wait and pass a real Patients’ Bill of But rights without remedies are no people were able to hold HMOs ac- Rights. rights at all. That is why our bill guar- countable. Now we know. Texas and I announce to all of my colleagues antees people the right to appeal deci- California have both passed Patients’ that it is my intention to stay on this sions by their HMO to an independent Bills of Rights. bill for whatever length of time it review board, and to get a timely re- Texas passed its law in 1997. In nearly takes. Obviously, we have this week sponse. Finally, if the HMO ignores the 4 years, 17 lawsuits have been filed— and next week that are full weeks for review board, our bill allows people to about five a year. In the last 6 months consideration of the bill. My expecta- hold HMOs accountable—the same way since California passed its law, 200 dis- tion is that if we finish the bill a week doctors and employers, and everyone putes have gone through the inde- from this Thursday night, there would else in America is held accountable for pendent appeals process. None—not not be a session on Friday preceding their actions. The 85 million Americans one—has gone to court. And two-thirds the recess. enrolled in Medicare, Medicaid and of the disputes were resolved in favor If we are not finished Thursday other Federal health programs already of the HMO. Experience from the two night, we will then debate the bill and have each of the protections in our bill. largest States—the two best labora- continue to work on it Friday, Satur- So does every Member of this Senate. tories—show that the scare tactics day, Sunday. We will not have a ses- Our bill extends them to all privately used by opponents of this bill are sim- sion on the Fourth of July, but we will insured Americans—no matter what ply that: scare tactics. pick up again on July 5 and go on as State they live in, or what insurance There are some important things long as it takes. We will finish this bill. plan their employers choose. that have not changed in the years It is also my expectation that if we fin- Opponents claim that guaranteeing since we started this debate. Ameri- ish this bill in time, I would be inclined these rights will cost too much. They cans are still being hurt by our inac- to bring up the supplemental appro- say people will lose their insurance be- tion. Every day that we delay passing a priations bill following the completion cause insurance premiums will go real Patients’ Bill of Rights, 35,000 of the Patients’ Bill of Rights. through the roof. But the facts show Americans are denied access to spe- Those two pieces of legislation are otherwise. According to the non- cialty care—and 10,000 doctors; see pa- bills I have already indicated to the partisan Congressional Budget Office, tients who have been harmed because Republican leader would be my hope our bill would increase employee pre- an insurer refused to pay for a diag- that we could complete before the July miums an average of about $1.20 a nostic test. 4th recess. In fact, it is my expectation month for real rights that can be en- Despite the growing support inside and absolute determination to finish at forced—$1.20 a month. and outside of Congress, we still face least in regard to the Patients’ Bill of Many things have changed since the formidable opposition from the special Rights. We will see what happens with first time this Senate passed a Pa- interests. regard to the supplemental in the tients’ Bill of Rights. The bill itself has HMOs and their allies reportedly are House and here in the committee. changed. We started with a bipartisan spending $15 million on ads to try to f compromise: the Norwood-Dingell Pa- kill this bill this week. We welcome an BIPARTISAN PATIENT PROTEC- tients’ Bill of Rights. This bill is a bi- honest and open debate on the issues. TION ACT—MOTION TO PROCEED partisan compromise on a bipartisan We hope opponents will resist the compromise. temptation to kill this bill by loading Mr. DASCHLE. Mr. President, I ask One of the most important com- it up with amendments that make pas- unanimous consent that the Senate promises concerns liability. This bill sage difficult. now proceed to the consideration of says very clearly that employers can- Our hope is that this debate will be Calendar No. 75, S. 1052, the Patients’ not be held liable unless they partici- like the one we had not long ago on an- Bill of Rights. pate directly in a decision to deny other important reform—campaign fi- The PRESIDING OFFICER. Is there health care. The only employers who nance reform. In fact, I have personally objection? Mr. THOMAS. Mr. President, I ob- can be held liable are the small frac- suggested to Senator LOTT that we take up this bill under the exact same ject. tion of companies that are large The PRESIDING OFFICER. Objec- understanding that we took up cam- enough to run their own health care tion is heard. plans—less than 5 percent of all Amer- paign finance reform; that we have a Mr. DASCHLE. Mr. President, I now ican businesses. Small businesses never good debate on amendments; that we move to proceed to S. 1052. make treatment decisions, so they offer the motion to table, if that would The PRESIDING OFFICER. The mo- would never be sued. be offered; if it is not tabled, that it be tion is debatable. We have also compromised on where subject to second degrees. I think it The Majority Leader. people can seek justice. Instead of al- worked as well on the campaign fi- Mr. DASCHLE. Mr. President, I re- lowing all disputes to be heard in State nance reform as any bill I have re- gret we are not in a position to begin courts, this bill says disputes about ad- cently had the opportunity to consider, consideration of this important legisla- ministrative questions should be heard and I hope we can do the same thing tion at this time. I remain hopeful that in Federal courts. Only cases involving for the Patients’ Bill of Rights. I am by the end of the day we will be able to medical decisions should go to State hopeful our Republican colleagues will do so. In the event that the Senate can- courts—just like doctors who make agree to that this afternoon. not proceed to the bill today, it is my medical decisions. There is one more important change intention to file cloture on the motion. Support for a Patients’ Bill of Rights that has occurred since the first time Under the rules, this cloture vote has grown—inside and outside of Con- we debated a Patients’ Bill of Rights. would occur on Thursday morning 1 gress. In the Senate, we have Senators We now have a new President. Members hour after the Senate convenes. MCCAIN, EDWARDS, and KENNEDY. In the of his staff have said President Bush I yield the floor. House, we have Congressman JOHN DIN- will veto our bill if this bill makes it to The PRESIDING OFFICER. The Sen- GELL and two conservative Repub- his desk. We remain hopeful that the ator from Arizona.

VerDate 19-JUN-2001 01:18 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.035 pfrm03 PsN: S19PT1 S6404 CONGRESSIONAL RECORD — SENATE June 19, 2001 Mr. MCCAIN. Mr. President, I reit- are required to and do commit their the nurses and the doctors of America, erate my support for the majority lead- lives to taking care of the health of our in particular—who have committed er’s unanimous-consent request. I be- citizens. themselves to addressing this issue so lieve it is fair and also crucial for al- I have been asked many times why is that all Americans can receive the lowing us to finally engage in a real it that I am involved in this issue, why health care they deserve. and meaningful debate that will get is it that I have worked very hard to I ask unanimous consent that a list Americans the protections they need try to fashion a bipartisan agreement of organizations supporting the bill be and want. that we could use as a base for amend- printed in the RECORD. This unanimous-consent request is ing and perfecting a bill that we can There being no objection, the list was exactly along the lines of that which have signed by the President. In my ordered to be printed in the RECORD, as governed the campaign finance reform Presidential campaign, in hundreds of follows: debate. Most Americans, no matter town hall meetings attended by thou- PROFESSIONAL GROUPS AND GRASSROOTS OR- how they felt on that issue, believed sands and thousands of Americans, GANIZATIONS SUPPORTING THE MCCAIN-ED- that it was a fair, open, and honest de- time after time after time after time, WARDS-KENNEDY BILL—THE BIPARTISAN PA- TIENT PROTECTION ACT bate in which the issues were venti- average citizens stood up and talked Abbott House of Irvington, NY; Abbott lated and the majority of the Senate about the fact that they have been de- House, Inc. in South Dakota; AIDS Action; worked its will. That is how most nied reasonable and fair health care Alliance for Children and Families; Alliance Americans think we should function and attention they believe they deserve for Lung Cancer Advocacy, Support and Edu- and, unfortunately, all too often we do and need. cation; Alpha 1; Alternative Services, Inc; not. This is an issue of importance to Amalgamated Transit Union; American Under this unanimous-consent agree- some 170 million Americans who would Academy of Child and Adolescent Psychi- ment, unlimited amendments can be be covered by this legislation. This is atry; American Academy of Dermatology As- offered, and each one will be provided a an issue to average Americans who are sociation; American Academy of Emergency Medicine; American Academy of Facial Plas- significant period of time, 2 hours, and members of health maintenance orga- tic and Reconstructive Surgery. after debate the amendment would be nizations. This is a challenge and a American Academy of Family Physicians; voted on by the full Senate. problem. American Academy of Mental Retardation; I am struggling to understand why These Americans want the decisions American Academy of Neurology; American we can’t agree that this is not only a made by a doctor and not an account- Academy of Ophthalmology; American Acad- fair proposal but truly it affords each ant. These Americans want and need emy of Otolaryngology—Head and Neck Sur- and every one of us with an oppor- and deserve a review process that is gery; American Academy of Pain Medicine; American Academy of Pediatrics; American tunity for engaging in a free and spir- fair. These Americans are not receiving Academy of Physical Medicine and Rehabili- ited debate. This format embodies the the fundamental health care they de- tation; American Association for Geriatric full spirit of the traditional Senate and serve as members of health mainte- Psychiatry; American Association for Mar- should not be ignored or misconstrued nance organizations and, frankly, that riage and Family Therapy; American Asso- as anything but a reasonable and hon- is available to other Americans who ciation for Psychosocial Rehabilitation; est proposal. have larger incomes. American Association for the Study of Liver I think Americans are watching us to Mr. President, this is not something Diseases. American Association of Children’s Resi- see if we can come together on an issue we should delay any longer. This is an dential Center; American Association of of great importance to everyone across issue we should take up and address, Neurological Surgeons; American Associa- our Nation. I don’t think delay is war- amend, debate, and then come to a rea- tion of Nurse Anesthetists; American Asso- ranted. We should not obstruct. sonable conclusion. I want to repeat ciation of Oral and Maxillofacial Surgeons; I am confident that engaging in a my commitment to working with the American Association of Pastoral Coun- truly open debate on this issue, with- White House, to working with all oppo- selors; American Association of People with out stringent time restraints or limits nents of the legislation in its present Disabilities; American Association of Pri- on amendments, will result in the pas- vate Practice Psychiatrists; American Asso- form. For us to do nothing, as has been ciation of University Affiliated Programs for sage of a strong bipartisan patients’ the case over the last several years, as Persons with Developmental Disabilities; protection bill that can be signed into time after time this issue has been American Association of University Women; law by President Bush. brought up and blocked through par- American Association on Health and Dis- I want to reiterate, it is my sincere liamentary procedures, is not fair. It is ability; American Association on Mental Re- and profound commitment to see that not fair and honest to the American tardation; American Bar Association. we enact a bill that the President of people to refuse to address the issue. American Board of Examiners in Clinical the United States can sign. It would As I said with campaign finance re- Social Work; American Cancer Society; American Children’s Home in Lexington, NC; serve no one’s purpose to go through form, if the result of the debates and American Chiropractic Association; Amer- the debate and amending process in the amendments is not to my liking and I ican College of Cardiology; American College Senate and in the other body and con- don’t agree with the result, I will re- of Gastroenterology; American College of ference and then have a bill the Presi- spectfully vote against it. But I will Legal Medicine; American College of Nurse dent will not sign. not try to block it. I hope Members on Midwives; American College of Nurse Practi- I will make a couple of additional both sides of the aisle will make that tioners; American College of Obstetricians comments. There has been some debate commitment as well because of the im- and Gynecologists; American College of Os- teopathic Emergency Physicians; American as to who supports and who does not portance of the issue to the American College of Osteopathic Family Physicians. support this legislation. I have a list of people. It deserves a full and complete American College of Osteopathic Pediatri- over 300 organizations that are in sup- debate and vote. cians; American college of Osteopathic Sur- port of this legislation—not only the I want to work together with my col- geons; American College of Physicians— nurses and doctors of America but tra- leagues on both sides of the aisle. We American Society of Internal Medicine; ditional consumer advocacy groups, in- have had meaningful negotiations. We American College of Surgeons; American cluding health groups such as the have had good discussions. As a result Congress of Community Supports and Em- ployment Services—ACCSES; American American Cancer Society, the Amer- of amendments, we will have further Council on the Blind; American Counseling ican Dental Association, the American discussions. I hope that over time we Association; American Dental Association; Nurses Association, a long list of orga- will be able to reach an agreement. I American Family Foundation; Federation of nizations that have traditionally advo- again express my support for the unan- Teachers; American Foundation for the cated for the health of Americans ei- imous consent request the majority Blind; American Gastroenterological Asso- ther in a specialized or general way. leader propounded because I think it is ciation. We have a clear division here be- a fair and honest way, providing no ad- American Group Psychotherapy Associa- tween the health maintenance organi- tion; American Headache Society; American vantage to either side on this debate. Health Quality Association; American Heart zations, which according to a CNN USA Again, I thank my colleagues for Association; American Lung Association; Today poll enjoy the approval of some their commitment and involvement in American Medical Association; American 15 percent of the American people, and this issue, but most of all I want to Medical Rehabilitation Providers Associa- the nurses and doctors and those who thank these 300-some organizations— tion; American Medical Student Association;

VerDate 19-JUN-2001 01:28 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.038 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6405 American Medical Women’s Association, Child Welfare League of America; Children Georgia, Inc.; Family Counseling Center of Inc.; American Mental Health Counselors As- & Families First; Children & Family Serv- Sarasota, FL; Family Counseling of Greater sociation; American Music Therapy Associa- ices Association; Children and Adults with New Haven, CT; Family Counseling Service tion; American Network of Community Op- Attention Deficit/Hyperactivity Disorder; in Texas. tions and Resources. Children’s Aid and Family Service in Family Counseling Service of Greater American Nurses Association; American Paramus, NJ; Children’s Aid Society of Mer- Miami; Family Counseling Service of Lex- Occupational Therapy Association; Amer- cer, PA; Children’s Alliance; Children’s ington; Family Counseling Service of North- ican Optometric Association; American Board of Hillsborough; Children’s Choice, ern Nevada; Family Counseling Service, Inc. Orthopsychiatric Association; American Os- Inc. in Philadelphia, PA; Children’s Defense in Lexington, KY; Family Guidance Center teopathic Association; American Pain Soci- Fund; Children’s Home & Aid Society of Chi- in Hickory, NC; Family Guidance Center of ety; American Pharmaceutical Association; cago, IL; Children’s Home Association of Illi- Alabama; Family Resources, Inc. in IA; Fam- American Physical Therapy Association; nois. ily Service Agency of Arizona; Family Serv- American Podiatric Medical Association; Children’s Home of Cromwell; Children’s ice Agency of Arkansas; Family Service American Psychiatric Association; American Home of Easton in Easton, PA; Children’s Agency of Central Coast; Family Service Psychiatric Nurses Association; American Home of Northern Kentucky; Children’s Agency of Clark and Champaign Counties in Psychoanalytic Association. Home of Poughkeepsie, NY; Children’s Home OH; Family Service Agency of Davie in CA. American Psychological Association; of Reading, PA; Children’s Home of Wyoming Family Service Agency of Genesee, MI; American Public Health Association; Amer- Conference; Children’s Village, Inc.; Family Service Agency of Monterey in CA; ican Small Business Association; American ChildServ; Christian Home Association- Family Service Agency of San Bernardino in Society for Clinical Laboratory Science; Child; Clinical Social Work Federation; Coa- CA; Family Service Agency of San Mateo in American Society for Therapeutic Radiology lition of National Cancer Cooperative Group; CA; Family Service Agency of Santa Barbara and Oncology; American Society of Cataract Colon Cancer Alliance. in CA; Family Service Agency of Santa Cruz and Refractive Surgery; American Society of Colorectal Cancer Network; Committee of in CA; Family Service Agency of Youngs- Clinical Oncology; American Society of Clin- Ten Thousand; Community Agencies Cor- town, OH; Family Service and Children’s Al- ical Pathologists; American Society of Gas- poration of New Jersey; Community Coun- liance of Jackson, MI; Family Service Asso- trointestinal Endoscopy; American Society seling Center in Portland, ME; Community ciation Greater Boston; Family Service As- of General Surgeons; American Society of In- Service Society of New York; Community sociation in Egg Harbor, NJ; Family Service ternal Medicine; American Society of Nu- Services of Stark County in OH; Community Association of Beloit, WA; Family Service clear Cardiology. Solutions Association of Warren, OH; Com- Association of Bucks County in PA. American Speech-Language-Hearing Asso- pass of Carolina in SC; Congress of Neuro- Family Service Association of Central In- ciation; American Therapeutic Recreation logical Surgeons; Connecticut Council of diana; Family Service Association of Day- Association; American Thorasic Society; Family Service; Consortium for Citizens ton, OH; Family Service Association of American Urogynecologic Association; with Disabilities; Consuelo Foundation. Greater Tampa; Family Service Association American Urological Association; American Consumers Union; Cornerstones of Care in of Greater Tampa, FL; Family Service Asso- Urological Society; American for Demo- Kansas City, MO; Corporation for the Ad- ciation of Howard County, Inc., IN; Family cratic Action; Anxiety Disorders Association vancement of Psychiatry; Council of Family Service Association of New Jersey; Family of America; Arc of the United States; Asso- and Child Caring Agencies in NY; Counseling Service Association of San Antonio, TX; ciation for Ambulatory Behavioral and Family Services of Peoria, IL; Court Family Service Association of Wabash Val- Healthcare; Association for Education and House, Inc. in Englewood, CO; Covenant Chil- ley, IN; Family Service Association of Wyo- Rehabilitation of the Blind and Visually Im- dren’s Home and Families; Crittenton Fam- ming Valley in PA; Family Service Aurora, paired; Association for the Advancement of ily Services in Columbus, OH; Crossroads of WI; Family Service Center in SC; Family Psychology. Youth; Cure for Lymphoma Foundation; Cys- Service Center in TX. Association of Academic Physiatrists; As- tic Fibrosis Foundation; Daniel, Inc. Family Service Center of Port Arthur, TX; sociation of Academic Psychiatrists; Asso- Denver Childrens Home; DePelchin Chil- Family Service Centers of Pinellas County, ciation of American Cancer Institutes; Asso- dren’s Center in TX; Digestive Disease Na- Inc. in Clearwater, FL; Family Service Coun- ciation of Community Cancer Centers; Asso- tional Coalition; Dystonia Medical Research cil of California; Family Service Council of ciation of Persons in Supported Employment Foundation; Easter Seals; Edgar County Indiana; Family Service Council of OH; Fam- Association of Women’s Health, Obstetric Children’s Home; El Pueblo Boys and Girls ily Service in Lancaster, PA; Family Service and Neonatal Nurses; Assurance Home in Ranch; Elon Homes for Children in Elon Col- in Lincoln, NE; Family Service in Omaha, Roswell, NM; Auberle or McKeesport, PA; lege, NC; Epilepsy Foundation of America; NE; Family Service in WI; Family Service Baker Victory Services In Lackawanna, NY; Ettie Lee Youth and Family Services in Inc. in St. Paul, MN; Family Service of Bur- Baptist Children’s Home of NC; Barium Baldwin Park, CA; Excelsior Youth Center in lington County in Mount Holly, NJ; Family Springs Home for Children in Barium Spring, WA; Eye Bank Association of America. Service of Central Connecticut. NC; Bazelon Center for Mental Health Law. Facing Our Risk of Cancer Empowered; Family Service of Chester County in PA; Berea Children’s Home and Family in OH; Families First, Inc.; Families USA; Family Family Service of El Paso, TX; Family Serv- Bethany for Children and Families; Bethesda & Children’s Center Council; Family & Chil- ice of Gaston County in Gastonia, NC; Fam- Children’s Home/Luthera of Meadsville, PA; dren’s Center in WI; Family & Counseling ily Service of Greater Baton Rouge, LA; Board of Child Care in Baltimore, MD; Boys Service of Allentown, PA; Family Advocacy Family Service of Greater Boston, MA; Fam- & Girls Country of Houston Inc., TX; Boys & Services of Baltimore; Family and Child ily Service of Greater New Orleans, LA; Girls Homes of North Carolina; Boys and Services of Washington; Family and Chil- Family Service of Lackawanna County, PA; Girls Harbor, Inc. in TX; Boys and Girls dren’s Service in VA; Family and Children’s Family Service of Morris County in Morris- Home and Family Services in Sioux City, IA; Services and Tulsa, OK; Family and Chil- town, NJ; Family Service of Norfolk County, Boys’ Village, Inc. of Smithville, OH; dren’s Services of San Jose; Family and Chil- MA; Family Service of Northwest, OH; Fam- Boysville of Michigan, Inc.; Brain Injury As- dren’s Agency Inc. in Norwalk, CT. ily Service of Racine, WI; Family Service of sociation; Brazoria County Youth Homes in Family and Children’s Association of Min- Roanoke Valley in VA. TX. eola, NY; Family and Children’s Center of Family Service of the Cincinnati, OH; Brighter Horizons Behavioral Health in Mishawaka, IN; Family and Children’s Coun- Family Service of the Piedmont in High Edinboro, PA; Buckner Children and Family seling of Louisville, KY; Family and Chil- Point, NC; Family Service of Waukesha Service in TX; Butterfield Youth Services in dren’s Service in Minneapolis, MN; Family County, WI; Family Service of Westchester, Marshall, MO; Cal Farley’s Boys Ranch and and Children’s Service in TN; Family and NY; Family Service of York in PA; Family Affiliates; California Access to Speciality Children’s Service of Harrisburg, PA; Family Service Spokane in WA; Family Service, Inc. Care Coalition; Cancer Care, Inc.; Cancer and Children’s Service of Niagara Falls, NY; in SD; Family Service, Inc. in TX; Family Leadership Council; Cancer Research Foun- Family and Children’s Services in Elizabeth, Service, Inc. of Detroit, MI; Family Service, dation of America; Catholic Family Center NJ; Family and Children’s Services of Cen- Inc. of Lawrence, MA; Family Services Asso- of Rochester, NY; Catholic Family Coun- tral, NJ; Family and Children’s Services of ciation, Inc. in Elkton, MD; Family Services seling in St. Louis, MO; Catholic Social Chattanooga, Inc. in TN; Family and Chil- Center in Huntsville, AL. Services of Wayne County, in IN; Center for dren’s Services of Fort Wayne; Family and Family Services in Canton, OH; Family Child and Family Services in VA. Children’s Services of Indiana. Services Cedar Rapids; Family Services of Center for Families and Children in OH; Family and Community Service of Dela- Central Massachusetts; Family Services of Center for Family Services, Inc. in Camden, ware County, PA; Family and Social Service Davidson County in Lexington, NC; Family NJ; Center for Patient Advocacy; Center on Federation of Hackensack, NJ; Family and Services of Delaware County; Family Serv- Disability and Health; Chaddock; Charity Youth Counseling Agency of Lake Charles, ices of Elkhart County, IN; Family Services Works, Inc.; Child and Family Guidance Cen- LA; Family Centers, Inc. in Greenich, CT; of King County in WA; Family Services of ter in TX; Child and Family Service of Ha- Family Connections in Orange, NJ; Family Montgomery County, PA; Family Services of waii; Child and Family Services in TN; Child Counseling & Shelter Service in Monroe, MI; Northeast Wisconsin; Family Services of and Family Services of Buffalo, NY; Child Family Counseling Agency; Family Coun- Northwestern in Erie, PA; Family Services and Family Services, Inc. in VA; Child Care seling and Children’s and Children’s Serv- of Southeast Texas; Family Services of Sum- Association of Illinois. ices; Family Counseling Center of Central mit County in Akron, OH.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.029 pfrm03 PsN: S19PT1 S6406 CONGRESSIONAL RECORD — SENATE June 19, 2001 Family Services of the Lower Cape Fear in Natchez Children’s Home in Natchez, MS; Inc. in St. Louis, MO; Rehabilitation Engi- NC; Family Services of the Mid-South in TN; National Association of Public Hospitals and neering and Assistive Technology Society of Family Services of Tidewater, Inc. in VA; Health Systems; National Alliance for the North America; Religious Action Center of Family Services of Western PA; Family Mentally Ill; National Alliance of Breast Reform Judaism; Research Institute for Services Woodfield; Family Services, Inc. in Cancer Organizations; National Association Independent Living; RESOLVE; Riverbend SC; Family Services, Inc. of Layfette; Fam- for Medical Direction of Respiratory Care; Head Start & Family Service; Salem Chil- ily Services, Inc. of Wintson-Salem, NC; National Association for Rural Mental dren’s Home; Salvation Army Family Serv- Family Solutions of Cuyahoga Falls, OH; Health; National Association for the Ad- ices; San Mar, Inc. of Boonsboro, MD; Family Support Services in TX; Family Tree vancement of Orthotics and Prosthetics; Na- Scarsdale Edgemont Family Counsel in NY. Information, Education & Counseling in LA; tional Association of Children’s Hospitals; School Social Work Association of Amer- Family Violence Prevention Fund. National Association of County Behavioral ica; Seattle Children’s Home in WA; Seedco/ FamilyMeans in Stillwater, MN; Federa- Health Directors; National Association of Non-Profit Assistance,; Service Net. Inc. in tion of Behavioral, Psychological & Cog- Developmental Disabilities Councils; Na- PA; Sheriffs Youth Programs of Minneapolis; nitive Sciences; Federation of Families for tional Association of People with AIDS; Na- Sipe’s Orchard Home in Conover, NC; Childrens Mental Health; FEI Behavioral tional Association of Physicians Who Care. Sjogren’s Syndrome Foundation; Society for Health in WI; Florida Families First; Florida National Association of Private Schools Excellence in Eye care; Society for Mater- Sheriffs Youth Ranches; Friends Committee for Exceptional Children; National Associa- nal-Fetal Medicine; Society of Cardio- on National Legislation; Gateway in Bir- tion of Private Special Education Centers; vascular & Interventional Radiology; Soci- mingham, AL; Gateways for Youth and Fam- National Assoicaiton of Protection and Ad- ety of Gastroenterology Nurses and Associ- ilies in WA; George Junior Republic in Indi- vocacy Systems; National Association of ates, Inc.; Society of Gynecologic ana; Gibault; Girls and Boys Town in NE. School Psychologists; National Association Oncologist; Goodwill-Hinckley Homes for Boys; of Social Workers; National Black Womens Southmountain Children’s Homes in Nebo, Greenbrier Childrens Center in Savannah, Health Project, Inc.; National Breast Cancer NC; Spina Bifida Association of America; St. GA; Growing Home in St. Paul, MN; Coalition; National Catholic Social Justice Anne Institute of Albany, NY; St. Colman’s Haddasah; Heart of America Family Services Lobby; National Coalition for Cancer Survi- Home in Watervliet, NY; St. Joseph Chilren’s in Kansas City, KS; Hemochromatosis Foun- vorship; National College of Osteopathic Home; St. Joseph’s Indian School in SD; St. dation; Hereditary Colon Cancer Association; Emergency Physicians; National Committee Mary’s Home Home of Beaverton, OR; St. Highfields, Inc. in Onondage, MI; Holy Fam- to Preserve Social Security and Medicare; Vincent’s Services, Inc. of Brooklyn, NY; ily Institute of Pittsburgh, PA; Home on the National Community Pharmacists Associa- Starr Commonwealth; Sunbeam Family Range in Sentinel Butte in Sentinel Butte, tion. Services of Oklahoma City, OK; Sunny Ridge ND; Hubert H. Humphrey, III—Former Min- National Consumers League; National Family Center; Susan G. Komen Breast Can- nesota Attorney General; Human Services, Council for Community Behavioral Health; cer Foundation. Inc. in Denver, CO. National Depressive and Manic-Depressive Tabor Children’s Services, Inc. of Huntington’s Disease Society of America; Association; National Down Syndrome Con- Doylestown, PA; Teen Ranch, Inc. Marlette, IARCCA An Association of Children; Idaho gress; National Family Planning and Repro- MI; Tennessee Citizen Action; Texas Associa- Youth Ranch; Indiana United Methodist ductive Health Association; National Health tion of Leaders in Children & Family; Texas Children; Infectious Disease Society of Council; National Hemophilia Foundation; Medical Association; The Arc of the United America; International Association of Psy- National Marfan Foundation; National Men- States; The Bradley Center in PA; The Cen- chosocial Rehabilitation Services; Jackson- tal Health Association; National Multiple ter for Families, Inc.—Shreveport, LA; The Field Homes in VA; Jane Addams Hull House Sclerosis Society; National Organization for Children’s Home in Catonsville, MD; The En- Association in Chicago, IL; Jeffrey Modell Rare Disorders; National Organization of docrine Society; The Family Center; The Foundation; Jewish Board of Family & Chil- Physicians Who Care. Hutton Settlement in WA. dren in New York, NY; Jewish Community National Organization of State Association The Learning Disabilities of America; The Services of South Florida; Jewish Family & for Children in MD; National Parent Net- Mechanicsburg Children’s Home of Mechan- Career Services in Atlanta, GA. work on Disabilities; National Partnership icsburg, PA; The Omaha Home for Boys in Jewish Family & Children’s Service in TX; for Women and Families; National Patient NE; The Organization of Specialists in Emer- Jewish Family and Children’s Service in Advocate Foundation; National Psoriasis gency Medicine; The Paget Foundation for Minnetonka, MN; Jewish Family and Com- Foundation; National Rehabilitation Asso- Pagets’s Diseases of Bone and Related Dis- munity Service in Chicago, IL; Jewish Fam- ciation; National Therapeutic Recreation orders; The Pressley Ridge Schools in PA; ily Service in Providence, RI; Jewish Family Society; National Transplant Action Com- The Village Family Service Center in Fargo, Service in Teaneck, NJ; Jewish Family Serv- mittee; National Women’s Health Network; ND; The Woodlands in Newark, OH; Third ice in TX; Jewish Family Service of Akron, National Women’s Law Center; Nation’s Way Center; Thornwell Home and School for OH; Jewish Family Services of Los Angeles; Voice on Mental Illness; Nazareth Children’s Children in SC; Title II Community AIDS Julia Dyckman Andrus Memorial Children’s Home in Rockwell, NC. National Network; Tourette Syndrome Asso- Center in NY; June Burnett Institute; NETWORK; Neurofibromatotis, Inc.; New ciation. Kemmerer Village; Kentucky United Meth- Community Corporation in Newark, NJ; Treatment Access Expansion Project; Tri- odist Homes. Newark Emergency Services for Families in angle Family Services in Raleigh, NC; Tulsa Kidney Cancer Association; KidsPeace Na- New Jersey; NISH; Norris Adolescent Center Boys’ Home in Tulsa, OK; Turning Point tional Centers, Inc. in PA; Lakeside, Kala- in WI; North American Brain Cancer Coali- Center; Uhlich Children’s Home; United Auto mazoo, MI; LaSalle School, Inc. in Albany, tion; Northeast Parent & Child Society in Workers; United Cerebral Palsy Association; NY; League of Women Voters; Leake and New York; Northern Virginia Family Serv- United Community & Family Service; United Watts Services, Inc. in Yonkers, NY; Learn- ice; Northwest Chapter of Paralyzed Vet- Family Services in Charlotte, NC; United ing Disabilities of America; Lee and Beulah erans of America; Northwest Childrens Methodists Childrens Home; United Ostomy Moor Children’s Home in TX; Leukemia and Home, Inc.; Northwood Children’s Services in Association; United States Public Interest Lymphoma Society; Lupus Foundation of Duluth, MN. America, Inc.; Lutheran Child & Family Oak Grove Institute Foundation; Oakland Research Group (U.S. Pirg). US TOO International, Inc.; USAction; Service in Bay City, MI; Lutheran Child & Family Services; Olive Crest Treatment Cen- Vera Lloyd Presbyterian Home & Family Family Services in River Forest, IL. ters; Omaha Home for Boys in Nebraska; On- Services in AR; Verdugo Mental Health Cen- Lutheran Social Services of Wisconsin; cology Nursing Society; Organization of Spe- ter; Village for Families & Children; Virginia Manisses Communications Group in RI; cialist in Emergency Medicine; Outcomes, Home for Boys; Webster-Cantrell Hall; Maple Shade Youth & Family Services; Inc. in Albuquerque, NM; Ovarian Cancer Na- Wellness Community; Whaley Children’s Maryhurst, Inc.; Maryland Association of tional Alliance; PA Alliance for Children and Center; Wisconsin Association of Family and Resources for Families & Youth; Massachu- Families in Hummelstown, PA; Pacific setts Council of Family; MediCo Unlimited, Lodge Youth Services; Paget Foundation; Children; Wisconsin Paralyzed Veterans of LLC; Mental Fitness Center; Mental Health Pain Care Coalition. America; Woodland Hills in Duluth, MN; Yel- America, Inc.; Mental Health Liaison Group; Palmer Home for Children in Columbus, lowstone Boys and Girls Ranch in Billings, Methodist Children’s Home in TX; Metro- MS; Pancreatic Cancer Action Network; Par- MT; Youth Haven, Inc. in Naples, FL; Youth politan Family Service of Portland, OR. alyzed Veterans of America; Patient Access Service Bureau in Portland, IN; YWCA of Metropolitan Family Services of Chicago; Coalition; Patient Access to Responsible Northeast Louisana. Michigan Federation of Private Child & Care Alliance; Patients Who Care, Inc.; Pedi- Mr. MCCAIN. Mr. President, I yield Family Agencies; Michigan State Medical atric Orthopaedic Society of North America; the floor. Society; Mid-South Chapter of the Paralyzed Pennsylvania Council of Children in Harris- The PRESIDING OFFICER. The Sen- Veterans of America; Milton Hershey School burg, PA; Perkins School for the Blind; Per- ator from North Carolina is recognized. in Hershey, PA; Missouri Baptist Children’s sonal & Family Counseling Service of New Mr. EDWARDS. Mr. President, I ask Home; Missouri Coalition of Children’s Agen- Philadelphia, OH; Philadelphia Health Man- unanimous consent that at the conclu- cies; Missouri Girls Town; Mooseheart Child agement Corporation in PA; Planned Parent- City and School in IL; Morning Star Boys’ hood Federation of America; sion of my remarks I be followed by Ranch in WA; Mountain Community Re- Presbyterian Home for Children; Pressley Senator KENNEDY, who is also a spon- sources; Namaqua Center in CO. Ridge Schools in PA; Provident Counseling, sor of this legislation.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.031 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6407 The PRESIDING OFFICER. Without verse it; and you can’t take them to thing, which is what this legislation is objection, it is so ordered. court. So somebody such as Steve, who about—having the HMO do the right Mr. EDWARDS. Mr. President, I has a terrible time trying to pay for thing from the beginning and having thank my friend from Arizona, who this oxygen himself, is stuck—even the patient, if they don’t, be able to do worked with me over a period of many though they have paid premiums and something about it. months to help put together this legis- paid for coverage, and any reasonable What we do is set up a system that is lation—after work had been done for physician in America knows he needs designed to avoid lawsuits. We have, many years by a number of Members of this care. first, an internal review process so that the Senate, led by Senator KENNEDY. That is what this act is about. The if the HMO says they are not going to The law for many years in this coun- Bipartisan Patient Protection Act cover a particular kind of care or treat- try has been on the side of big HMOs changes that. We are going to change ment, the patient can go through an and insurance companies. They have the law so that finally patients, nurses, internal review at the HMO. Second, if been treated like no other person in doctors, and health care providers who that process is unsuccessful, the pa- America is treated, like no other busi- know how to make these medical deci- tient can then go to an independent ex- ness, small or large; they are privileged sions and families who are involved and ternal review. This is a panel of doc- citizens. The American people want to whose children are being affected by tors, health care providers, who aren’t take away that privileged status from these decisions will have some power of connected to the HMO, aren’t con- HMOs and insurance companies. They the law on their side. nected to the patient or the treating are the only group in America that can Let me talk briefly about some spe- doctor, who can make a fair and objec- say to a family: Your child is not going cifics of our legislation. We provide and tive decision about whether this treat- to get the medical care your doctor guarantee access by women to OB/ ment is necessary. So the patient now thinks they need. GYNs as their primary care provider. has two different ways to get the They can overrule the decision of a They don’t have to get permission from HMO’s decision reversed. medical doctor that has been made anybody. They can do that. If a child If that is unsuccessful, if for what- after many years of training and expe- needs to see a specialist, a pediatri- ever reason the appeals process does rience, even though they may have no cian—a child with cancer who may not work, as a last resort, if the pa- experience or training whatsoever. need to be seen by a pediatric tient has been unsuccessful after doing Some young clerk sitting behind a desk oncologist—that child has an absolute all of that and if the patient has been somewhere can overrule a medical ex- right to go see that specialist if they injured as a result of what the HMO pert, and if they do it, there is abso- need it for their life-sustaining care. did, then as a matter of last resort the lutely nothing that can be done about Emergency room care. If a patient or patient can go to court. a family experiences an emergency and it. Now, first of all, with respect to em- The HMOs, the insurance companies, they need to get to the doctor, to the ployers, we specifically provide that are accountable to no one. Their judg- hospital, to the emergency room, they employers cannot be held responsible. ment can’t be questioned; their deci- don’t have to call a 1–800 number; they They cannot be sued; they cannot be sion can’t be reversed; and they can’t don’t have to call the HMO; they don’t liable. Employers are specifically pro- be challenged anyplace, including in have to get written permission. What tected under our bill. The only excep- court. any family will do when under an tion to that is if the employer actually That is what this bill is about. What emergency situation such as that and makes a medical decision—if they step we are about—Senator MCCAIN, Sen- they need care quickly, quality care, into the shoes of the HMO and do what ator KENNEDY, I, and all of the sponsors they can go straight to the nearest no small or medium-sized employer in of this legislation—is changing the law. emergency room without worrying America would do if they actually We want to move the law from the side about whether the HMO will cover. make a medical judgment. of big insurance companies and HMOs Under our law, they are covered, pe- By the way, this provision that em- and finally put the law on the side of riod. patients, nurses, and doctors. Scope. Our bill specifically provides ployers can only be held responsible if Every one of us, in traveling around that every American who has health they make a medical decision and oth- our home States, has heard horror insurance or HMO coverage is covered erwise they are protected is identical story after horror story of families and by our bill, period. They have at least to President Bush’s principle on this patients being run over by big HMOs. the protections provided in this bipar- issue. His principle provides that em- Let me recount one I heard in North tisan legislation. If a State has better ployers may only be held responsible if Carolina. protections for the patient, better pro- they make medical decisions. That is A young man, Steve Grissom, con- tections for the doctor, those protec- precisely what our bill does. tracted leukemia. In the course of his tions stay in place. But our bill pro- On this issue, the protection of em- treatment, he had to get a blood trans- vides a floor below which no State can ployers, the President’s principles and fusion. As part of the blood trans- go. our bill are exactly the same. fusion, he got AIDS. He got sicker and So the basic protections provided in If it becomes necessary after a pa- sicker and sicker. He was being seen by our bill—access to specialists, women tient has gone through the appeals a heart specialist at Duke University being able to go see an OB/GYN, going process—internal and external review— Hospital. That doctor prescribed 24- to the nearest emergency room, access and a patient has been injured for the hour-a-day oxygen for Steve because he to clinical trials, which is critical to case to go to court, we start with a needed it. This was a doctor with many many Americans—they will have under very simple principle. That principle is years of training at one of the leading this legislation an absolute right to this: We want to treat HMOs and insur- medical institutions in the country. those protections. ance companies just as the other Steve’s wife’s employer changed HMOs. Finally, accountability. Mr. Presi- health care providers. They are making Some clerk sitting behind a desk some- dent, these rights mean nothing if they health care decisions. They have de- where, without medical training, hav- are not enforceable. If they are not en- cided to overrule a doctor who decided ing never seen Steve Grissom, knowing forceable, this is not a Patients’ Bill of a patient needed a particular kind of nothing about it, decided they weren’t ‘‘Rights;’’ it is a patients’ bill of ‘‘sug- care. When they decide to overrule the going to pay for this oxygen anymore. gestions.’’ But because we have ac- doctor and step into the shoes of the They literally cut off his oxygen. countability and we have enforce- doctor, we think they ought to be Steve had nowhere to go. Why? Be- ability, these are substantive rights treated like the doctor, just like the cause under the law of the land, as we that in fact can be enforced. Finally, hospitals, just like the nurses. stand here today, HMOs can do exactly HMOs are going to be treated as every- What we provide is they can be taken what they did to Steve Grissom, and no body else in America. They are going to State court, just like the doctors, one can do a single thing about it. You to be held accountable, held respon- just like the hospitals, and they are can’t question their decision; you can’t sible, which means at the outset that subject to whatever limitations exist question their judgment; you can’t re- they have an incentive to do the right under State law by way of recovery.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.041 pfrm03 PsN: S19PT1 S6408 CONGRESSIONAL RECORD — SENATE June 19, 2001 The majority of the States in this courthouse. There is almost always a lobby are spending millions of dollars country have caps or limits on recov- State courthouse close by, but Federal to defeat our bill. It is not an accident ery, limits on noneconomic damages, courthouses, especially in rural Amer- that the HMOs like the Frist-Breaux in some cases, what is called pain and ica, are hundreds of miles away in bill and do not like our bill. suffering, limits on punitive damages, many cases. As we go through this debate, it will and some States provide you cannot re- We have a system that works. It has become clear that on every single dif- cover punitive damages. been outlined by the U.S. Supreme ference, between the legislation we The bottom line is this: Whatever the Court. It is what legal experts say have offered and the competing legisla- State law is, that law applies to the should be done. Most importantly, it is tion, whether it is coverage and wheth- HMO, just exactly as it applies to the fair. It treats the HMOs the same as ev- er States can opt out, whether it is ac- doctor, to the nurse, to the hospital, to erybody else, which is the goal of this cess to specialists outside the plan, everybody else in the State. We start legislation. whether it is a truly independent re- with the basic idea that HMOs are not Finally, we do require, in order for a view that the HMO can have no control privileged citizens; that they are just case to be brought to court, that, first, over, whether it is going to court and the same as the rest of us and ought to all appeals be exhausted. That is, the which court you go to, in every single be treated the same as the rest of us. patient must first go to the internal re- difference we protect the patients, they That is what our bill does: It treats the view and, second, to the external re- protect the HMOs. HMOs the same as the other health view. What we have learned from the Their bill, as Dr. NORWOOD, a Repub- care providers when they, in fact, over- two States that have served as models lican House Member from Georgia who rule a doctor and make a health care for this legislation—Texas and Cali- has fought on this issue for years, has decision. fornia—is almost all cases are resolved described it, is an HMO protection act. That structure—sending those cases by that process. The reason is we struc- It is not an accident that all the health to State court—is what has been rec- tured the bill to avoid lawsuits. It has, care groups in America and the Amer- ommended by the Judicial Conference in fact, worked in the two States that ican Medical Association support our of the United States headed by Chief have followed our model—California bill. Justice Rehnquist. It is what is rec- and Texas, two of the biggest States in These are people who deal with these ommended by the American Bar Asso- the country, two of the States where issues every single day, and they know ciation. It is what is recommended by there has been historically the largest that on all these important issues—ac- the State attorneys general. amount of litigation in the country. cess to specialists, who is covered, People who understand the court sys- There have been 16, 17 lawsuits since emergency room, access to a true inde- tem but are objective, not on one side those bills have been enacted in those pendent review process—our bill pro- or the other of this debate, have de- two States. The vast majority of cases tects the patients; their bill protects cided this is the place these cases have been resolved exactly as our bill the HMOs. should go for a variety of reasons. No. provides. They have been resolved All of us have worked long and hard 1, it treats the HMOs the same as doc- through the process of the appeal. on this issue for a substantial period of tors and hospitals are treated. No. 2, There has been some argument made time. Some have worked on it, includ- they are courts accustomed to han- about health care costs going up and ing Senator KENNEDY, for many years. dling these types of cases. It makes it people losing their insurance. The ma- It is time to quit talking about doing more likely the patient can get their jority leader spoke to this earlier. Our something about HMOs and HMO re- case heard more quickly. bill, according to the Congressional form and actually do something about It is fair. It is equitable. It is sup- Budget Office, raises insurance pre- it. The American people are not inter- ported by every group of objective ex- miums about 4 percent over 5 years. ested in the politics—Republicans, perts—Judicial Conference, the ABA, Not 4 percent annually, 4 percent over Democrats, Independents—and their the State attorneys general—and, by 5 years. positions politicizing this issue. What the way, follows exactly the outline set The competing bill, the Frist-Breaux they care about is that when their forth by the U.S. Supreme Court in the provision, raises insurance premiums child needs to see a specialist, they Pegram decision. about 3 percent over 5 years. So there want to be sure that child can see that This idea of sending these cases to is very little difference between the specialist. When they need to go to the State court is an idea that is supported two bills. emergency room, they need to know by the big legal organizations across In addition to that, of the 4 percent they can go to the emergency room the country and as outlined by the U.S. increase in our bill, the vast majority without having to worry if the HMO is Supreme Court in the Pegram case. of that has to do with better health going to pay for it. If the HMO does The basic principle is we treat HMOs care. It has nothing to do with law- something wrong and runs over them exactly the same way we treat doctors suits, nothing to do with litigation. and runs over their family and over- and hospitals if they are going to be in Mr. President, .8 percent, less than 1 rules a doctor’s medical decision, they the business of making medical deci- percent, has to do with litigation. The want to be able to do something about sions. remainder, over 3 percent, has to do that. They want the HMOs to be treat- The only cases that would go to Fed- with better access to the clinical trials, ed just as all the rest of us. eral court under this bill are the cases better access to specialists, better ac- Ultimately that is what this bill is that have, since 1974, been decided in cess to emergency rooms. about. The bottom line question is, Federal court. Those are the cases in- It specifically provides better care. with whom do we stand? Do we stand volving pure language of the contract. When people get better care, it costs a with the big HMOs and the big HMO For example, whether a particular pro- little bit more, and they will get a bet- lobbies or do we stand with the doc- vision has been met or whether the 90- ter product. tors, nurses, and families of America? day waiting period has been met. Those On balance, both bills increase costs I yield the floor. cases go to Federal court. They have slightly—3 percent in 1 case over 5 The PRESIDING OFFICER. Under always been in Federal court. We leave years; 4 percent in our case over 5 the previous order, the Senator from them exactly where they are. years. But as a direct result of this leg- Massachusetts is recognized. What we do not do is what has been islation being passed, people will have Mr. KENNEDY. Mr. President, before proposed by some, which is to send better quality care, and the cost has the Senator leaves, I wonder if he every case against an HMO to Federal very little to do with the fact the might respond to a question or two as court. The Federal courts are back- HMOs can now be held accountable and one of the principal sponsors. logged so that is a way to bury the be taken to court. First of all, I wonder if he shares cases and assure they never get heard. It is not an accident that the Amer- with me a certain degree of disappoint- It is more difficult to get attorneys be- ican Medical Association and over 300 ment that we are not going to have the cause many attorneys do not practice health care and consumer groups in opportunity to debate these protec- in Federal court, and many people are America support our bill. It is not an tions that are so important for Amer- a long way from the nearest Federal accident that the big HMOs and their ican families. Every day that we fail to

VerDate 19-JUN-2001 01:45 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.047 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6409 take action, families are being hurt. In the fourth change, regarding pro- Mr. KENNEDY. Let me speak to this Without this legislation, more than tecting the State cause of action, we point. I am confused as to why there is 50,000 of our fellow citizens today are added clarifying language to protect an attempt by the Republican leader- going to suffer further injury or pain. existing State court jurisdiction from ship to misrepresent what is in the em- This is the result of failing to take ac- inadvertent preemption under our bill. ployer provisions of the bill on page tion. A rather extraneous example or two 144. I think all of us who have been I want to make some general com- were given that might have created around here find language is misrepre- ments along the lines of those that the some confusion. As I understand it, sented and subsequently individuals Senator made. I first say that that was that was the fourth piece of clarifying disagree with the misrepresentation. It an outstanding presentation with re- language. appears that is what is happening. gard to the substance. It is difficult for Finally, the IRS enforcement lan- The Senator has stated my under- me to understand the opposition to guage was dropped, including an addi- standing. Then if we look at page 144, this, other than, as the Senator point- tional enforcement provision that we regarding the responsibility of the em- ed out, the special interests of the understand has a revenue impact and a ployer in the plans, it says: HMO industry do not want it. I have blue-slip problem. To avoid the blue- Causes of action against employers. . . . not heard the administration or the slip issue, we dropped the provision. Then it says: Those are the totality of the changes. Senators who are in opposition, indi- Subject to subparagraph (B), paragraph cate what protections in this legisla- Evidently they are being used to some- (1)(A) does not authorize a cause of action tion they would not want to give to the how represent that there were major against an employer or other plan sponsor American people. kinds of alterations or changes to the maintaining the plan (or against an em- We were informed by the Republican bill which are difficult to understand. ployee of such an employer or sponsor acting leadership that because this bill has Therefore, the other side refuses to per- within the scope of employment). been changed so many times, we need mit us to begin the debate on the bill. That is extremely clear. In the Presi- to hold further hearings to find out If the Senator would be good enough dent’s language, which he sent to the what is in it. There have been no hear- to indicate to me whether it is his un- Congress, and I have here, the Presi- ings since March of 1999. derstanding that these were the areas dent lists his requirement in his bill of One of the leaders pointed to para- in which adjustments were made and particulars, which says: graph (C) in the legislation, where em- whether the representations that were Only employers who retain the responsi- ployers can be held accountable. Then made, in terms of the clarifications? bility for and make final medical decisions they talked about the rising costs of 20 Was that his understanding as well? should be subject to the suit. percent a year and talked further Mr. EDWARDS. Will the Senator That is what President Bush said is about employer liability. yield for me to reply to the question? the principle. It is my understanding Mr. KENNEDY. I am glad to yield. As I understand, the changes that that that exact point is stated in the Mr. EDWARDS. In response to the had been made over the weekend were legislation on page 145, line 8: question, the areas that were changed basically in response to some of the ob- were all changes in the direction of the . . . to the extent there was direct partici- pation by the employer. . . . servations that were made about the objections of our opponents. In other underlying legislation. One question words, they raised concerns and we That talks about when they would be was about whether you could be sued in made changes to clarify so there would open to the responsibility. But as I understand it, and I welcome Federal or State court. The opposition be no question but that we intended ex- claims our bill allows them to be sued actly what they intended. the comments of the Senator, that in Federal and State courts at the For example, the first one the Sen- completely conforms with what Presi- same time. This was never the inten- ator mentions: exhaustion, which dent Bush himself has established. Is tion. I understand there was an at- means you have to go through the ap- that correct? tempt to explicitly clarify that pro- peals before you can take somebody to Mr. EDWARDS. The Senator is cor- ceeding so there would not be two fo- court, both sides intended that that be rect. The President specifically pro- rums. I understand that was one of the required because we want cases to be vided he does not want employers to be clarifications made. It was never in- decided by the appeal without having sued unless they make medical deci- tended to permit forum shopping and to go to court, to avoid unnecessary sions. Our legislation does exactly that was clarified. lawsuits. We made it clear in this clari- that. The language completely con- I might mention the rest, since there fication that there is no question about forms, in almost identical language, to were only four of them, and then get that. We intend for that to be true. the President’s principle. We do not the reaction of the Senator since he That was the purpose of the clarifica- want employers to be sued unless was very much involved in this. tion. somehow they step in the shoes of the No. 2 was the question about the ex- Second is the cases being brought in HMOs and make a medical decision. haustion of appeals before going to State and Federal court. The purpose That is exactly what the President is court. The opposition claims our bill for the change was to make it clear we suggesting. The Senator is correct, to made it too easy to go to court, argu- want nobody to be sued in both State the extent our opponents—who, by the ing that patients can bypass the ap- and Federal court; to clarify the lan- way, are trying to prevent this bill peals process simply by alleging harm. guage so there was no doubt in any- from ever being considered at this Since it was not our intent to make it body’s mind about which cases go to point in this Chamber—to the extent easy to bypass appeals, we resolved State court and which cases go to Fed- our opponents suggest under our legis- this matter by eliminating the word eral court. lation lawsuits against employers are ‘‘alleged.’’ Third, they complain that under our allowed, they need to read the Presi- The third was about making it easier bill some physicians, perhaps, could be dent’s principles because, in fact, our to sue doctors. The other side has been subject to lawsuits to which they oth- legislation is identical to the Presi- claiming our bill makes doctors liable erwise would not be subject. So we dent’s principle on this issue. for plan administration. This is a rath- made a change to eliminate that possi- Mr. EDWARDS. Mr. President, if the er technical issue, being sued in State bility. Senator will allow me one final com- court and now in Federal court again. Our bill, as the Senator well knows, ment, the Senator well knows, having That wasn’t the intent. We clarify that is intended to empower doctors, to em- fought on this issue for many years and the positions are protected. We also in- power nurses, to make the health care having led the fight, as Senator cluded language to extend civil protec- decisions that only they have the med- DASCHLE, our majority leader pointed tions to hospitals and insurance ical training and experience to make, out in his earlier comments, the Amer- agents. There was some question about that they have the qualifications to ican people can get a lesson from what the application of the language. The make, not some bureaucrat sitting be- is happening at this moment. We made change was specifically included to hind a desk at some HMO somewhere. it clear we intended to bring bipartisan clarify that, to demonstrate the pro- That is the purpose of this clarifying patient protection to the floor of the tections for those groups. language. Senate, a bill supported by Republican

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.049 pfrm03 PsN: S19PT1 S6410 CONGRESSIONAL RECORD — SENATE June 19, 2001 Senators in this Chamber and also in and will lead to employers giving up I have been going to the conferences the House. their insurance. with those who are opposed to it. They What has been the response by our I would be interested in the Senator’s say, oh, no, that is not what it does. opponents? Has the response been to definition and explanation of why, It is a favorite whipping provision in debate this issue in an open way before when the bill says in part (B) on page this language. They keep saying that the American people and to make their 144 that cause of action may arise isn’t what it does. That is what we in- case to support the HMOs’ position on against an employer or other plan tend to do. That is what we have done the floor of the Senate? No. Their re- sponsor, the language means some- in this language. We will have more of sponse is to try to prevent an issue thing other than cause of action aris- an opportunity to debate that later. that affects millions and millions of ing against the employer or other plan Mr. GREGG. Will the Senator yield Americans every year from even being sponsor. for a question? heard on the floor of the Senate. Mr. KENNEDY. I am glad to respond. Mr. KENNEDY. I only have about 5 I think it becomes clear who wants I hope we can do this briefly because or 6 minutes to be able to make some to provide real and meaningful patient we are going to recess. I will let the presentation on this. I look forward to protection and who wants to keep this Senator from North Carolina respond that time. I will be glad to yield. Could issue from ever getting to the floor of to that, if I may. I ask that we defer the recess time the Senate so HMOs maintain their Mr. EDWARDS. Mr. President, I re- from 12:30 until 12:35? privileged status. spond to the Senator’s question by say- Mr. GREGG. Mr. President, I ask Mr. KENNEDY. Mr. President, I ing, first of all, I suggest that he read unanimous consent that at the expira- thank the Senator. the principles because the language of tion of the discussion of the Senator In the press conference of the Repub- this legislation comes directly from from Massachusetts I be given 10 min- lican leadership, it was represented the President’s principles. utes. that there were complicated changes Mr. GREGG. If the Senator will Mr. KENNEDY. We are about to re- and alterations to the bill. The Senator yield, I am not asking the President. cess. responded to questions raised as to Mr. EDWARDS. Excuse me. Do I have Mr. GREGG. I am asking that the what these changes and clarifications the floor? Excuse me. time for the recess be extended beyond The PRESIDING OFFICER. The Sen- are. This is a result of the White House the Senator’s period for 10 additional ator from Massachusetts has the floor. minutes and that I be recognized. asking the principals to work out some Mr. KENNEDY. Mr. President, I The PRESIDING OFFICER. Without clarification in these areas and to ac- think we only have 2 or 3 more min- objection, it is so ordered. commodate these kinds of requests. utes. I wanted to give the opportunity Those changes were made. Now they The Senator from Massachusetts. for a response. I think the answer, as are being used as an excuse for failing Mr. KENNEDY. Fine. the Senator pointed out, is read from to bring this matter up. Mr. President, so how much time re- President Bush’s own words. Only em- Mr. GREGG. Mr. President, will the mains? It is now 12:30. ployers who retain responsibility for or Senator yield? The PRESIDING OFFICER. The Sen- Mr. KENNEDY. Yes; briefly. make final medical decisions should be ator from Massachusetts has another 5 Mr. GREGG. I know that the Senator subject to suit. It is that language and minutes by the previous unanimous from Massachusetts and the Senator that principle that has been included in consent agreement. Then the Senator from North Carolina said the employer the language. from New Hampshire will have 10 min- If the Senator from New Hampshire is not subject to liability under this utes, and then we will recess until 2:15. thinks that is in some way ambiguous, bill. The Senator cited section 5 on Mr. KENNEDY. Fine. or doesn’t achieve that objective, that page 144, subparagraph (A). The Sen- Mr. President, this whole debate is the objective that we had. That is ator didn’t cite subparagraph (B), should remain focused on what it is the language that was drafted in the which says, notwithstanding subpara- really about. What this debate is really Senate to carry that purpose forward. graph (A), the cause of action may all about is that doctors, nurses and But we are open. families are going to make decisions. arise against an employer, or other Does he agree with that principle? I And those decisions ought to be carried plan sponsor—it goes down the list—as ask the Senator. Does the Senator out. They should not be overturned by directed participation in the employ- agree with that fundamental principle bean counters and accountants work- er’s plan, and the decisions of the plan or differ with the President on it? under section 102. Mr. GREGG. No. I actually agree ing for HMOs thousands of miles away. So, very clearly, an employer is sub- with the principle. I think the Presi- These accountants do not have the ject to liability under that section, and dent’s point was that employers gen- training, do not know the patient, and that ‘‘directed participation’’ is an ex- erally should not be subjected and do not know the complete medical cir- tremely ambiguous phrase, I believe. I opened up to massive liability. And cumstances surrounding the patient’s would be happy to discuss that. this bill does that. That is why I asked case. That is what this legislation is Then, if we go to page 141, where a the Senator to explain the section. really all about. new Federal cause of action against Mr. KENNEDY. I will have to reclaim We have taken the kinds of protec- employers is created, subsection (ii) on the floor. tions which have been outlined now by that page says, ‘‘otherwise fails to ex- Mr. GREGG. The Senator asked me a the Senator from Arizona and the Sen- ercise ordinary care in the performance question. Doesn’t he want me to re- ator from North Carolina and indicate of a duty under the terms and condi- spond? what those protections are. There are tions of the plan with respect to a par- Mr. KENNEDY. I asked specifically 26 different protections which have ticipant’’ in the plan. That action cre- whether the Senator agreed with the been included. We have yet to hear ates a new cause of action, which is a President’s principles. The Senator from the other side, as we have had new cause of action against the plan’s said yes, he did. these debates now for 2 or 3 years, re- sponsor, and, by the terms of ERISA, He went on to say that the language garding which protections they do not section 3 definition, plan sponsor is de- in the legislation opens up massive op- agree with. Is it the emergency room? fined as—lo and behold—the employer. portunity for suing employers, which is Is it the clinical trials, specialty care, I believe it is very clear under this different. He answered my question. I or the OB/GYN protections? Is it the bill that employers are subject to the am reclaiming my time since I only gag rules? We have not heard what par- right to be sued. They are subject to have about a minute and a half left. ticular guarantees and protections that the right to be sued for what I expect I wish we had the opportunity to de- are there for the American families to are going to be multiple opportunities bate this because it is very clear what which they object. for a creative attorney. In fact, the has been done with the drafting of this They talk a good deal about the cost Congressional Budget Office has basi- legislation. The employers, outside of of this legislation. They want to do the cally rated this as a lawsuit against those who are actually going to be bidding, I guess, of the HMOs, and have employers and has in fact rated the making medical decisions affecting pa- them be the one industry in this coun- costs in this bill, which is significant tients, are excluded. try not held accountable for actions

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.051 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6411 they take that can harm, kill, or maim need a pediatric oncologist. They with lawyers running around them in children and workers in our country. shouldn’t go to a general practitioner circles, suing them like crazy, shooting What we are basically saying is, if to make the recommendation for the arrows at them, trying to recover from HMOs make decisions which put indi- kind of treatment that resulted in the them because then we will drive the viduals at risk, then they ought to be saving of my son’s life. We are talking employers out of the insurance market, held accountable. The HMOs should be about access to those kinds of special- and more people will be uninsured. held accountable. If there is an em- ists. We see there is a difference be- That is why it is projected that this ployer making a similar decision which tween the bill we have before us and bill will increase the number of unin- is going to result in the same kind of that which the opposition favors. sured by over 1.2 million people. pain and affliction to that individual, The PRESIDING OFFICER. The Sen- I am a little surprised that some of they ought to be held accountable. ator’s additional 5 minutes have ex- the sponsors of this bill want to expand Otherwise, employers that just go out pired. the number of uninsured in this coun- and make the contracts should not be. The Senator from New Hampshire is try. I think some supporters of this bill If there is a question of clarification of recognized for 10 minutes. may want to because there is, I believe, language, we would work that out. Mr. GREGG. Mr. President, I had not a belief that nationalization of the Over the period of time, one of the intended to speak right now, but I do health care system is a good idea, and attacks that has been made on this leg- think some of the things that have one way to energize support for nation- islation is its potential cost. I want to been said in this Chamber do need to be alization is to have a lot of uninsured. say that is an old red herring. I was responded to because it is very obvious But I am hopeful some of the other here not long ago when we passed the there is a significant disagreement, and folks who look at this bill and are sup- Family and Medical Leave Act. We had it is a disagreement which is core to portive will say: Hold it. That was not the Chamber of Commerce stating the this issue. our intent. We didn’t want to drive em- cost of the Family and Medical Leave First off, let’s begin with the ques- ployers out of the business of insuring Act was going to be $27 billion a year tion of how this bill is coming forward. and cause more people to be uninsured. on American industry. It is not. It has You have to remember, this bill has We wanted to do just the opposite. been an enormous success, and compa- not had a hearing since March of 1999. So this language is extremely broad, nies have welcomed it. And there is We have not had any hearings on this extremely pervasive, and will attack going to be the opportunity to expand particular bill. And this is one heck of the employers of America—small em- it. a complicated bill. The bill on Wednes- ployers, employers with 10 employees, I was here when we debated the port- day was not the bill we got on Thurs- with 5 employees, with 25 employees, ability of health care for those individ- day. with 50 employees. There is no exemp- uals with disabilities, the Kassebaum- So when the other side says we are tion in this bill. Then there is other Kennedy bill. We heard at the time delaying, I think that is a little bit of language in this bill. This bill creates a that it was going to increase premiums a straw man debate primarily because, whole new cause of action against em- by billions and billions of dollars. It as a matter of responsibility, we have ployers that has never been seen be- has not. It is working, and there is no to at least read the bill. And then we fore, a whole new Federal cause of ac- one here to suggest that we should not have to figure out what is in it. tion. And it is a biggy. This is one have gone ahead on it. One of the big issues in relation to where lawyers can really have a good I was here when we heard the ques- what is in it is what effect this will time because, under this bill, it makes tion: Should we increase the minimum have on employers. I think the lan- the employers responsible for the per- wage? There were those who said it was guage is unequivocal on that point. formance of the duties under the terms going to mean hundreds of thousands The language in section (B), as I cited and conditions of the plan. This is a of people were going to lose their jobs, before, 144, says: A cause of action may brand new concept under Federal law. and that it was going to add inevitably arise against an employer. Sure they It defines the people responsible, as I to the problems of inflation. It has not. have the nice title, ‘‘Exclusion of Em- said earlier, as plan sponsors. Plan We know the scare tactics that were ployers,’’ but they wipe out that lan- sponsors, under ERISA, are defined as being used in terms of the cost in the guage with the language which says: employers. It brings in the employers. past, and they are the same kinds of Notwithstanding anything in subpara- We went through the different obliga- scare tactics that are being used at the graph (A)—that is the one with the tions under a plan that an insurance present time. nice title on it, ‘‘Exclusion of Employ- company has that offers that plan and The CBO, as the Senator from North ers’’—a cause of action may arise which are enforceable, not today by the Carolina has pointed out, indicates against an employer or other plan individual but by a variety of different that last year premiums went up 10 sponsor—and then it lists why. processes. We calculate that there are percent, and the top four or five HMOs One of the standards here is if the potentially 200 new opportunities for had $10 billion in profits in our coun- employer had direct participation. And private causes of action against em- try. They estimate that 20 percent of ‘‘direct participation’’ has become a ployers as a result of this language. every premium dollar paid goes to ad- word of art that is incredibly broad. There are a lot of lawsuits because vertising, administrative expenses, and ‘‘Direct participation’’ just means an there are a lot of lawyers who can take large salaries for these individuals. It employer had to maybe wink at his em- those 200 opportunities and multiply went up 10 percent last year. It went up ployee, as he headed off to his doctor’s them. That is one of those factors 8 percent the year before. office, and say: Hope you get better. which has an infinity symbol beside it As the CBO estimates, under the As a practical matter, today direct as to the number of potential lawsuits, Breaux-Frist bill, it will go up 2.9 per- participation essentially brings in that little circle you learned in eighth cent over 5 years; and under the every employer in this country that grade when you took physics, a little McCain-Edwards bill, 4.2 percent—a 1.3- has a plan. That is why a lot of em- infinity circle connecting the lawyers percent difference. As the Senator from ployers are going to drop their plans. to lawsuits as a result of this language. North Carolina pointed out, if you look That is why no employer group sup- I would rename this bill ‘‘the lawyers at those figures, the difference is in the ports the McCain bill—none—because who want to be a millionaire act’’ be- additional kinds of expanded opportu- it is an attack on employers, as versus cause that is essentially what it is. nities for patients, such as for clinical a legitimate effort to try to get at mal- This representation that employers are trials. For example, women need those feasance, misfeasance negligence in the not subject to liability is absolutely in- clinical trials in relation to breast can- areas of HMOs. accurate. Under the clear terms of the cer. We need to make sure they are We all want to make sure that people bill itself, it is absolutely inaccurate. going to be able to have those trials. who are poorly treated by their HMO What is the practical effect of this We have to have greater access to have a right for recovery. We put to- bill? This issue is not about, as the specialists. If a child has, as my child gether proposals which accomplish Senator from Massachusetts outlined, had, an osteosarcoma—which only 1,200 that. But let’s not draw all the employ- a whole series of coverages that people children in this country have—they ers into the process and stick them need. This is not about that. We give

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.053 pfrm03 PsN: S19PT1 S6412 CONGRESSIONAL RECORD — SENATE June 19, 2001 those coverages in our State. Most harm and then everything else gets to our health care system without this States have those coverages as a re- the table. No more appeals process of very egregious, very intrusive, very li- quirement in their States. It is not any nature. The concept of trying to tigious piece of law being passed. about that. It is not about whether or reduce the amount of litigation by hav- To reiterate, this is not a debate not a patient has access to a specialist, ing a reasonable appeal process is to- about whether patients should have and it is not about whether or not a tally undermined by this bill. rights. woman has access to an OB/GYN. All of It should also be noted that the eco- This is not a debate about whether that is available and should be avail- nomic impact of this bill has been patients should be able to go the near- able. Those are being thrown up as red scored not by me, not by some political est emergency room without being pe- herrings to try to develop support. organization, but by CBO. This bill nalized. That issue is not even on the table be- costs 4.2 percent. That is not over 5 or This is not a debate whether a pa- cause there is hardly a State in the 10 years, as was represented here ear- tient should be able to access a spe- country that does not give those types lier. That is an annual cost on top of cialist with appropriate expertise and of coverages and require those types of the health care costs which are inflat- training; prescription drugs that are coverages of their HMOs. ing fairly rapidly right now. A 4.2 per- medically necessary and appropriate; It is not about whether a patient cent increase translates into a very or comprehensive information about should have a timely right to appeals, significant increase, as has been men- their health plan. This is not a debate about whether a both internal and external, because all tioned earlier, in the uninsured because female patient should be able to di- the laws, all the proposals that have employers will have to drop their in- rectly access OB/GYN without prior au- come forward have done that. It is not surance because they can’t afford it. thorization, nor is it a debate whether about that. That should not be our goal here. the parents of a child should be able to It is not about whether a patient What should our goal be? should be compensated if they get The PRESIDING OFFICER. The Sen- designate a pediatrician as their child’s harmed by their doctor or their HMO. ator from New Hampshire has used his primary care provider. This is not a debate about whether a All of the bills that have come forward, 10 minutes. pregnant, sick, or terminally ill pa- all the proposals that have come for- Mr. GREGG. I ask unanimous con- tient is able to continue receiving care sent for 2 more minutes. ward have had that as part of their lan- from her physician through the entire Mr. REID. Mr. President, reserving guage. All these bills share those same course of treatment—even if the plan the right to object, I have no objection goals. terminates her physician from the net- This is about a dramatic expansion in to my friend using 2 extra minutes. work. the opportunity to sue. That is what Following that, I would like to be rec- This is not a debate about whether the bill is about, as it is brought for- ognized and then the Senator from physicians are able to tell their pa- ward; specifically, to sue employers, North Carolina would be recognized for tients about all treatment options with the practical effect being that 5 minutes and then we will go to our without being gagged by the health more people will be uninsured in our party conferences. plan. country today because more employers The PRESIDING OFFICER. Without This is not a debate about whether will drop their insurance. The number objection, it is so ordered. there should be procedures to ensure of new opportunities in this bill for The Senator from New Hampshire that health plans make timely deci- lawyers to create havoc is significant. now has 2 minutes, to be followed by a sions and patients have the right to You have the fact that you can basi- statement from the Senator from Ne- both an internal appeal to the plan and cally forum shop between States and vada, and then 5 minutes to the Sen- an independent external review when a Federal law. You have States stepping ator from North Carolina. plan denies coverage. And this is not a into the area of ERISA. ERISA is an Mr. GREGG. Mr. President, the goal debate about whether the external re- incredibly complex piece of legislation here should be this: When you go to see view is independent from the plan and on which Federal courts have spent a a doctor and you go to your HMO, if the reviewer makes a decision based on lot of time developing expertise. There that is who covers you, you should ex- the best medical evidence and highest has been over 10,000 cases on ERISA de- pect to get good treatment. If you standard of care. cisions. Suddenly Federal and State don’t get good treatment, you should This is not a debate about whether courts are going to take on this issue. have relief. And you should expect to all Americans should enjoy these types Not only are they going to get to take have a certain amount of flexibility as of rights. it on, but they are going to get to take to who you see and especially with This is not a debate about whether it on without any liability caps. Essen- some very common events such as OB/ patient rights should be enforceable or tially, there are no liability caps GYN and areas such as that, where you even whether a patient should be fairly against health plans. There may be should have the capacity as the patient compensated when harmed or killed by caps against doctors in some States, to make some choices: your primary the decision of his or her health plan or but take California; they don’t have care provider, things such as that. HMO. caps against health plans. That is all accomplishable. In fact, We agree on all these issues. Both There are no liability caps. the bills that have been brought for- sides share these goals. Democrats and You are going to have punitive dam- ward from our side of the aisle—some Republicans. ages, economic damages without caps. of them in a bipartisan way, such as The real debate is about how we can The implication of what that means is the Breaux-Frist-Jeffords bill, last best achieve these common goals. It’s that you are going to have forum shop- year’s, the Nickles amendment, which about putting patients first—ahead of ping from State to State, depending on did not have any Democratic support— special interests. It’s about accom- which State makes the most sense for have accomplished that. In the process plishing these goals without driving up a person, which structure makes the of accomplishing that, we should not health care costs, giving employers most sense for a lawyer to pursue. fundamentally undermine the interests more reasons to drop health coverage, Then you are going to have them pro- of employers to participate in health adding millions more Americans to ceeding in that structure. And you are insurance for their employees, which is join the ranks of the uninsured, or dis- going to have the employer brought in. what, unfortunately, the McCain bill mantling our private, employer-based Plus this concept that you have to go does. And we should not do unneces- health care system. through an appeals process before you sary and significant damage to States The bill we are about to debate—the get to bring a lawsuit is also totally rights which is, unfortunately, what Bipartisan Patient Protection Act subjugated in this bill. The way this the McCain bill does. That is a whole sponsored by Senators MCCAIN, ED- bill is structured, all you have to do is other discussion. There are a variety of WARDS, and KENNEDY—fails on all these show harm and you are out of the ap- other problems. counts. peal process—or alleged harm. Origi- The goal can be accomplished, which I believe we can accomplish our com- nally it was ‘‘alleged’’ harm. Basically, is better health care and better protec- mon goals without inviting these unin- you get into court and claim you show tion of our patients and people who use tended consequences. Unfortunately,

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.061 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6413 there appears to be no interest from predict the legality of proposed actions cessity which may be used to deter- the majority in addressing these con- without the necessity of reference to mine whether a plan covers a benefit. cerns. Senator DASCHLE said recently varying state laws.’’ In effect, this allows the medical re- that he sees no reason to compromise Proponents of the McCain-Edwards viewer to ignore contract definitions of or address these concerns. I think that bill would have you believe that they medical necessity and substitute their is very unfortunate for consumers and have compromised by adding a $5 mil- own definitions or opinions as a basis for patients. lion cap on punitive damages for the for overturning a health plan’s deci- I would like to highlight the very Federal cause of action. But this cap is sion. real problems in this bill, S. 1052 which merely illusory. This provision would lead to routine was just introduced on June 14. The bill has no caps on Federal or reversals of health plan decisions and The McCain bill creates two opportu- State economic or non-economic dam- generate increased litigation. Employ- nities to take a bite at the apple. First, ages. ers and health plans would have no pre- it allows unlimited lawsuits against Plus, there are no caps on damages dictability in administering their plans health plans and employers under state specified for the numerous lawsuits or estimating their exposure to liabil- law. Second, it creates an expansive that would fall under State jurisdic- ity. Alternatively, this may cause new remedy with very large damages tion. And there is no evidence to sug- plans to routinely approve all coverage under federal law. gest that State law caps would be ap- thereby driving up premiums astro- The dual Federal-State scheme under plied to these various causes of action. nomically and raising quality and safe- the McCain bill will encourage dual In fact, most State medical mal- ty concerns for the patient. Employers claims and forum shopping. Plaintiff’s practice law damage caps only apply to may reconsider their commitment to lawyers will shop around for the forum physicians and other health profes- offer and administer health benefits if with the highest limits on damages. sionals—not health plans. California is the McCain bill becomes law. And there is nothing in the bill that one such example. would prohibit suits based on the same Excessive damage awards only harm Health plans and employers that or a similar set of facts from being physicians and patients. According to a honor their contractual obligations filed simultaneously or consecutively study by Tillinghast-Towers Perrin, could be on the losing end of a lawsuit in both State and Federal court. health plan liability will increase phy- when an external medical reviewer de- This dual Federal-State scheme will sician medical malpractice liability cides to disregard a term in the health raise complicated and costly jurisdic- premiums by 8 to 20 percent because plan contract. Even plans that adhere tional questions and will ensure that plaintiffs will target all possible de- carefully to the terms of their con- plan benefits and administration will fendants, including physicians. These tracts, no matter how generous those vary from State to State. This will costs will be passed on to patients in terms are, could be held liable if the re- only serve to confuse patients who are the form of higher premiums or re- viewer decides to apply a different already faced with the task of navi- duced coverage. standard. gating a complex health care system. Health plans will also pass on the in- Contrary to continued assertions by This scheme will also impose need- creased costs of being exposed to large its proponents, the McCain bill does less and excessive costs that will dis- damage awards to employers who will not protect employers from open-ended courage employers from sponsoring in turn pass the costs on to employees liability. In fact, the bill specifically health plans. It will ultimately in- or reduce or terminate coverage. authorizes certain types of lawsuits to crease the ranks of the uninsured. The McCain bill allows patients to go be brought against employers in Fed- Federal courts have been routinely straight to court—for the purpose of eral court for failing to perform a duty hearing cases involving complicated collecting monetary damages—without under the terms and conditions of the employee benefit cases. The McCain exhausting administrative remedies plan. bill would essentially remove all cov- first. Because employers are required to erage and claims decisions from Fed- The independent medical review carry out a broad range of administra- eral court and place them under State process is the best, most efficient rem- tive duties under ERISA’s statutory jurisdiction, even though States have edy for the majority of patients. It en- scheme, the McCain bill will leave no experience with ERISA and em- sures that patients get the medical them wide open to new Federal per- ployer-sponsored benefits. care when they need it. In contrast, sonal injury suits. Employers will be Federal courts have honed their ex- tort damages are only available to pa- sued for all types of alleged errors such pertise in resolving complicated em- tients after they are injured. as issuing notices required by the ployee benefits issues since they were The ‘‘go straight to court provision’’ Health Insurance Portability and Ac- given exclusive jurisdiction over such creates a perverse incentive for pa- countability Act, HIPAA, and the cases in the Employee Retirement In- tients, encouraged by their attorneys, COBRA, regardless of whether such er- come and Security Act of 1974, ERISA. to bypass the review process in order to rors result in a denial of a covered ben- Approximately 10,000 ERISA cases are seek the big damages awards in court. efit. filed each year in Federal court. Proponents of the exhaustion loop- In order to provide high quality and hole argue that external review is ‘‘not The McCain bill would impose poten- affordable benefits to employees, em- enough.’’ They would have you believe tially huge new compensatory and pu- ployers that sponsor health plans that an exhaustion requirement some- nitive damages remedies for violations across State lines must be able to ad- how precludes the ability of an injured of COBRA, HIPAA, and ERISA’s disclo- minister their benefits in a uniform, patient to seek recourse in court. But sure requirements. Moreover, under the consistent and equitable manner. The this is not the case. The external re- statute’s own requirements, the em- McCain bill will produce multiple and view process is merely a required and ployer is specifically required to carry conflicting State laws, regulations and beneficial step before going to court. out COBRA and disclosure require- court interpretations, making it dif- The high standards that the medical ments. The employer is almost always ficult for employers to administer reviewer is required to follow will help the administrator. Thus, McCain-Ken- their health plans. inform the court’s decisions in deter- nedy imposes a huge new liability on Congress’ rationale for giving Fed- mining whether the plan decision was employers that employers cannot eral courts exclusive jurisdiction with the right one. Just as a medical expert avoid; despite the fact that when Con- respect to remedies is as applicable is not versed in the specifics of the law, gress adopted COBRA and HIPAA with today as it was in 1974. From ERISA’s the court is not well versed in medicine large bipartisan majorities no discus- legislative history: ‘‘It is evident that and will benefit from the finding of the sion was given to the need for punitive the operations of employee benefit independent, external review—as will damages to enforce the new require- plans are increasingly interstate. The the patient. ments. uniformity of decision which the Act is The McCain bill allows the medical The ‘‘direct participation’’ provision designed to foster will help administra- reviewer to consider but ‘‘not be bound in the McCain bill provides little com- tors, fiduciaries and participants to by’’ a plan’s definition of medical ne- fort to employers who will still be

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.024 pfrm03 PsN: S19PT1 S6414 CONGRESSIONAL RECORD — SENATE June 19, 2001 dragged into court on every case. Em- hundreds and hundreds of groups. First of all, President Bush has ployers who do not ‘‘directly partici- Every consumer group in America sup- issued a set of principles that are spe- pate’’ in such decisions are not pro- ports our legislation. We have the phy- cific to this issue. His principles say, tected from being sued; they are only sician organizations, specialties and ‘‘Only employers who retain responsi- provided with a defense to raise in subspecialties, that support this legis- bility for and make final medical deci- court. lation. We have the American Medical sions should be subject to suit.’’ So the The PRESIDING OFFICER. The Sen- Association that supports this legisla- President himself, in his principles, has ator from Nevada. tion. said employers that are making med- Mr. REID. Mr. President, I disagree You know, for the first time that I ical decisions about individual cases with what my friend from New Hamp- can ever remember, we have the doc- are subject to sue and should be subject shire has said about the content and tors and the lawyers thinking this is to sue. the direction of the McCain-Edwards good legislation. So I say to my friend My colleague from New Hampshire legislation. Why don’t we decide if he is from New Hampshire, who is going to cited language on page 141 of the bill right or I am right. And how you do be the manager for the Republicans on referring to, ‘‘otherwise, calls of action that is you come to the Senate and you this legislation—I believe he should lis- created by failing to exercise ordinary debate the issue. ten to what he said if he believes this— care in the performance of a duty.’’ We are being prevented from doing and I know he does—let’s debate it, as Two pages later in the bill, which un- that today. The Republicans have ob- my dad would say, ‘‘like men,’’ and fortunately my colleague didn’t talk jected to our going forward to consider now women because they are a vital about, there is language at the bottom this bill. So this will necessitate our part of the Senate. Let’s debate this of the page, subsection (A), that says: going through the procedure of filing a issue as grownups, not hiding behind ‘‘This section does not authorize a motion to invoke cloture which we will procedural matters. If they think our cause of action against an employer.’’ vote on Thursday. I believe rather than legislation is so bad, let them prove it What I suggest to my colleague is wasting that time, we should be here out here. that he read the entirety of the section debating the principles enunciated by I am willing to take my chances on to which he refers. the Senator from New Hampshire and an up-or-down vote on the Senate floor. The language of what constitutes what we have been saying on this side That is how we should decide issues. making a medical decision in a specific all day. We should not be hiding behind some case is very clear in our legislation. It That seems to be the fair way to do procedural prohibition that prevents us includes none of the general things it, rather than talking about all the from moving this legislation forward. that the Senator from New Hampshire scary points of this bill from their per- One last thing. The majority leader talked about. What has to happen spective and the positive points from said today, right here at 11:30, that this under the specific language of our bill, our perspective. Let’s debate the legislation, the Patients’ Bill of and as set forth by the President of the issues. This bill has been around for 5 Rights, is going to be completed before United States, is that the employer has years in one version or another. We be- we leave for the recess—if we have a to actually override and make the deci- lieve that we have refined this legisla- Fourth of July recess. That is what he sion as an HMO would in a particular tion. Because of the courageous actions said. He is not playing games. He is case. Otherwise, under the language of of the Senator from Arizona and the majority leader of the Senate. He said our bill, and under the President’s brilliant input of the Senator from today that if we don’t finish this bill principle, the employer is protected, North Carolina, we now have a piece of by next Thursday night—if we do, we period. legislation that is extremely good. It is are off Friday. We have the Fourth of We want to protect employers. That better than the ones that have come July recess. If we don’t finish this bill is the whole purpose of this language. before us before. It is so good that on by next Thursday evening, we are It is why Senator MCCAIN and Senator our side we are going to offer very few, going to work Friday, Saturday, Sun- KENNEDY and I have worked for months if any, amendments because we believe day, and we are going to work Mon- and months in crafting this language. this legislation is so good. day—every day except the Fourth of The second argument my colleague This legislation deals with account- July. Then we will come back on the made is that there would be forum ability. We spent 8 weeks in this body fifth. We are going to be here until we shopping between State and Federal talking about education. What were we finish this legislation. So all staff court. The language is clear. If an HMO trying to establish? We wanted stu- members here in Washington and peo- makes a medical decision, that case dents and teachers and administrators ple watching this on C–SPAN should goes to State court. If the question is to be accountable and to make sure we understand that we, the Senators, may on the specific provisions of the plan had good education in our public not be home for our Fourth of July the employee is covered by, that case schools. break. We may be here doing the peo- goes to Federal court, period. It is Accountability: That same argument ple’s work, trying to work our way where the cases have always been. The should be and will be carried over into through this legislation, through all reason the other cases—the medical de- this legislation dealing with the Pa- the obstacles being thrown up proce- cision cases—go to State court is be- tients’ Bill of Rights. durally by the money interests of this cause when they make a medical judg- I have a lot of other things to say and country—the HMOs who think they ment and overrule a doctor, we want I will not say them now. I showed to own the medical care of this country. them to be treated just as the doctors the Presiding Officer in the Senate They don’t. It is owned by the people— and the health care providers. that we have only a partial list of the patients, nurses, and doctors. Third, he argues that ERISA is a those organizations that support this The PRESIDING OFFICER. The Sen- very complicated law that will be dif- legislation. These are business groups, ator from North Carolina is recognized. ficult for State courts to apply. Well, nurses groups, physician groups, start- Mr. EDWARDS. Mr. President, the the State courts won’t be applying ing with the Abbott House, Inc.—Ab- great thing about debate on the floor of ERISA. What the State courts would bott House in Irvington, NY. That is the Senate—particularly extended de- be doing is applying their own State No. 1 on the list. At the end of this list bate—is that we get past the high- law because what our bill provides is we have the YWCA of northeast Lou- pitched rhetoric and actually get to that when a medical judgment is made isiana. Of the 300-plus groups we have the facts. I want to respond briefly to by an HMO and some child is hurt as a listed here, we have groups that should some of the comments of my friend and result, and they take their case to know the difference between good and colleague from New Hampshire. State court, that State’s law applies, bad medical care. For example, there is He argues that under our bill employ- so that if there are recovery limits— the Wisconsin Paralyzed Veterans of ers can be held responsible—citing a and there are, I think, 30-some-odd America. They believe what we want to particular page of the legislation—if States in the country. And the argu- do is right. they make a comment to an employee ment was made that there are no caps It is not often that you find legisla- going out the door on the way to their in our legislation; there will be an out- tion in the Senate that is supported by doctor saying, ‘‘hope you feel better’’. rageous explosion of litigation.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.026 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6415 First of all, it ignores the fact that last week with some junior high school in with a purpose. Medical costs were State law applies, and the vast major- students—and they said he was doing climbing out of control. Something had ity of States have limits on recoveries. just fine. She had told him I was call- to be brought in to help. But the pen- Second, the evidence shows that in ing, and he gave the thumbs up. They dulum has clearly swung too far, away California and Texas—the two States expect him to be off the ventilator from the decision based on health made that use legislation similar to ours— today. by the doctor in the hospital, and the virtually no cases have ever gone to They do not know the cause of the nurse, towards a decision made on cost, court. The cases get resolved in the ap- infection. They are still working on made by an actuary, an insurance com- peals process. It is the way our legisla- that. It is an unusual thing. I have had pany, an HMO. tion is designed. Cases go to court only a couple people ask me about Senator So we believe we must pass a Pa- as a matter of absolute last resort. Bryan today. He is doing just fine. tients’ Bill of Rights to provide real Finally, he suggests there will be f protection for patients, one that allows forum shopping from State to State, for the doctor to decide; one that al- where a patient will choose to go to an- BIPARTISAN PATIENT PROTEC- lows the insurance company, the actu- other State to file a case because some- TION ACT—MOTION TO PRO- aries’ decision to be challenged on a how that is more beneficial to them. CEED—Continued health-related basis. We must end the Well, unfortunately, that has nothing The PRESIDING OFFICER. The Sen- practice of health plans putting the to do with the real world. Patients will ator from New York is recognized. bottom line before the Hippocratic be required to file their case in the Mr. SCHUMER. I thank the Chair. oath. We must restore balance when State where they live, which is exactly Before I get into the substance of my every one of us is faced with the awful where you would expect them to file. It remarks on the Patients’ Bill of choice of what medical decision to is where they got their care, where Rights, I wish to salute my colleagues, make for ourselves or for a loved one. they were hurt by the HMO. That is the Senator from Massachusetts, the As this debate gets underway, I hope where their case would be filed. Senator from North Carolina, and the to bring up the cases of some families So what we have done, ultimately, is Senator from Arizona, for working so I come across as I travel the State of set up a system whereby HMOs are long and hard on a bipartisan com- New York. These are not unique cases. treated the same as everybody else, as promise provision, one that I am proud These are not isolated cases. They hap- all the rest of us. That is its purpose. to support. pen, unfortunately, every day. We want to take away the privileged Mr. President, we hear a lot about Let me talk about Tracey Shea, from status that HMOs have enjoyed for so this Patients’ Bill of Rights, and there Long Island, in my State. Tracey com- long, while protecting employers, giv- are many discussions about legal plained to her doctor about chronic ing patients substantive rights, access issues, medical issues, et cetera, but headaches. The tests discovered a to specialists, access to emergency what hits home with most of us is when tumor in her brain. It was unclear what rooms, access to clinical trials, and we travel our States and we hear sto- that tumor was and her doctors ordered having those rights be enforceable. It is ries about what has happened under further tests. But the HMO refused to so important that these rights we cre- present law. pay for them, arguing that the tumor ate in this bill have teeth in them, and When there is a conflict, which con- was not malignant and further tests the only way they have teeth in them stantly arises in these days of HMOs, were unnecessary. Four months later, is if the force of law is behind them and between what a doctor believes is best Tracey died. She was 28. She was en- those rights are enforceable. for the patient and what the insurer gaged to be married. She is gone and her parents and her f believes is best for the health plan, who fiance ask every day: Why wasn’t her makes the final call? That is what this RECESS doctor allowed to give Tracey what she bill is all about. It is about decision- needed? Even if it was 50–50, or 25–75, The PRESIDING OFFICER. Under making, and not decisionmaking on a the previous order, the Senate stands why didn’t she get what she wanted? Saturday afternoon whether you go to For those who think McCain-Ed- in recess until the hour of 2:15 p.m. the beach or go to the ball park. It is Thereupon, at 1 p.m., the Senate re- wards-Kennedy is some kind of ab- about decisionmaking when all of us cessed until 2:15 p.m. and reassembled stract debate, the difference this bill, are at our most strained, when a loved when called to order by the Presiding this proposal would have made to Tra- one is in a health care problem or with Officer (Mr. CLELAND). cey Shea, under McCain-Edwards-Ken- The PRESIDING OFFICER. The Sen- a health care crisis. That is when the nedy, is Tracey would have had a hear- ator from Nevada. decisionmaking really matters. ing and an answer in a few days. Under When a child becomes sick or a par- f the Frist-Breaux-Jeffords proposal, ent becomes ill, when a spouse dis- Tracey may not have lived long enough STATUS OF SENATOR BRYAN covers a lump on her breast, and a to get an answer. Mr. REID. Mr. President, while we judgment call needs to be made about A case in Binghamton: Rene are talking about patients and a Pa- care, who has the deciding vote? Is it Muldoon-Murray’s little boy Logan was tients’ Bill of Rights, I want to report your doctor or is it an actuary some- born hydrocephalic, a condition that to my colleagues on Senator Bryan, where hundreds of miles away who has many of us have seen. It is when the who has been quite ill. not had one jot of medical training? spinal fluid builds up and puts pressure I talked with Senator Bryan last Fri- That is what this boils down to. on the brain. It is terribly painful. The day. He was in St. Mary’s Hospital in Those six of us supporting the Muldoon-Murray’s health plan con- Reno when I spoke to him. He had for McCain-Edwards-Kennedy bill believe tained no pediatric neurosurgeons, the a couple of days a bad sore throat, for the decision should be made by the doc- very people who should have looked at lack of a better description. Friday tor; the decision should be made by little Logan. The one adult neuro- morning, he was in Reno and his throat someone who is trained to make med- surgeon, one who did not have experi- was really sore. He has a son in Reno ical decisions, not a managed care bu- ence with children—the brain of a child who is a cardiologist. He went to the reaucrat whose primary interests—do is quite different than the brain of an emergency room. He was admitted to not blame these individuals, but their adult—the one adult neurosurgeon the hospital. primary interest, what they are in- available in the plan could only work They did a CT scan and found an ab- structed to do, is look at cost, not under supervision because his license scess in his throat area. Friday and health. Health may be in the equation was suspended. Saturday they administered anti- but cost comes first. That is why that Imagine, the only person you can go biotics, hoping he would get better actuary is getting paid, whereas for the to when your child is in agony, the soon. He got worse, and Sunday morn- doctor who has taken the Hippocratic only one the HMO will let you go to, is ing they operated. He has been on a oath, health care comes first. someone whose license was suspended. ventilator since then in intensive care. We want to pass this Patients’ Bill of That is the only one the HMO in Bing- I spoke with the nurses taking care Rights to restore the pendulum. I am hamton provided as 3-year-old Logan of him—by the way, he was back here not against HMOs. They were brought was in pain, pain, pain.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.066 pfrm03 PsN: S19PT1 S6416 CONGRESSIONAL RECORD — SENATE June 19, 2001 What did Miss Muldoon-Murray do? doctors could make the decisions—not get that hearing. A mother named She was not a wealthy woman but she actuaries, not insurance companies— Susan gave riveting testimony. She refused treatment. She wasn’t going to we have had untold suffering. Multiply stood and held up a picture of her son, let her son be operated on by someone that suffering, not just by the indi- Christopher Thomas for us to see. whose license was suspended. When a vidual child or the young woman in Christopher Thomas died on his 16th medical crisis required an emergency Tracey’s case, who suffered, but their birthday of leukemia. His parents’ room, a lifesaving spinal surgery, the parents and brothers and sisters, their health plan denied him the investiga- place they found was New Jersey. It friends and the community. tional chemotherapy drug he needed. cost them $27,000. The HMO refused to Mr. DORGAN. I wonder if my friend At the end of her testimony Susan held pay the bill. will yield. up a large colored picture of her hand- Again, the huge difference between Mr. SCHUMER. I am happy to yield. some 16-year-old son. She was crying. the two pieces of legislation: Under Mr. DORGAN. The Senator from New She said Christopher Thomas had McCain-Edwards-Kennedy, Rene would York probably remembers the hearing looked up at her from his bed as he lay have had the right to take little Logan we held about a year ago, when a con- dying of cancer, and said, ‘‘Mom, I to a pediatric neurosurgeon, even stituent from New York came to the don’t understand how they can do this though her plan did not include one, hearing. Her name was Mary to a kid.’’ and the plan would be required to cover Lewandowski. Mary is the mother of Do what? This young man never got the treatment just as if it had been ad- the late Donna Marie McIlwaine who the treatment he needed to help fight ministered by a plan doctor. died when she was only 22 years old. the cancer that he had. This young boy Under Frist-Breaux-Jeffords, the Mary came to tell us the story about and his family were put in a cir- health plan would decide whether or her daughter and her experience with cumstance of having to fight cancer not to cover an out-of-plan specialist the HMO. and fight the managed care organiza- and Rene would have most likely ended I will not soon forget Mary’s testi- tion at the same time. That was not up in the same place, in an emergency mony. Mary is not getting paid to fair. room hundreds of miles away, stuck come to Washington but she des- That is what our patient protection with a $27,000 bill. perately wants the Congress to pass legislation is about. This legislation is Again, the difference between these this patient protection legislation. about empowering patients who expect two bills is not simply paper and pen- Mary told us that her daughter passed to get the health care they are prom- cil. It is not some abstract idea, argued away on February 8, 1997. Donna had ised. by lawyers. It is real. People would be been to the doctor four times in 5 days When I heard my colleague from New alive, people would be not suffering if for an upper-respiratory infection. The York speaking, I simply wanted to this bill had been in effect. doctors couldn’t quite figure out what come to the floor and say that we have How about in Buffalo, at the other was happening, but her symptoms kept had plenty of hearings. Discussion has end of our State: Bailey Stanek. Bailey worsening. gone on for some while on the issue of suffers from apnea. This is a sometimes On the evening of February 8, she was a Patients’ Protection Act, or Pa- fatal condition in which a little one in a tremendous amount of pain, her tients’ Bill of Rights. stops breathing while sleeping. The mother said. She called the hospital. I will never forget the testimony of- HMO refused to pay for a heart mon- The hospital said: No, you can’t bring fered at the hearing during which itor which would warn Bailey’s parents your daughter to the hospital unless it Mary, the mother from New York came if his breathing ceased. If you have a is absolutely life or death, or unless and talked about her daughter Donna, child with apnea, it is a heart monitor you have a doctor’s referral. She tried and the hearing in Las Vegas when that can save you. His life depended on in vain to reach Donna’s doctor, and an Susan came and talked about her son, it. Who would not do this for their lit- hour later her daughter, Donna, col- Christopher Thomas Roe. I could stand tle 8-week-old boy? The Staneks, again lapsed into a coma and died. here and cite examples from testimony not wealthy people, now pay $400 a After she died, as my colleague from after testimony of patients not getting month out of pocket for a heart mon- New York will remember, her mother the care they needed. I could discuss itor. told us that she discovered that Donna endless tragic stories and untimely These cases go on and on. If McCain- had a blood clot the size of a football in deaths we have been told about. The Edwards-Kennedy were around, the her lung. sheer numbers of testimonies that re- Staneks could appeal the decision. Donna’s doctor later told her mother veal needless suffering make me so They could go to an independent, ob- that a $750 lung scan would likely have angry because none of it should have jective review board—not someone identified that blood clot and saved her had to happen. People should have got- sponsored by the HMO who is told by daughter’s life. But the lung scan was ten the health care they deserved. the HMO: if you approve bills of more not ordered because it could not be jus- They should have been able to get to than a certain amount all told, you are tified by the HMO. an emergency room when they had an out. This would be an independent, ob- These are the kinds of problems that emergency, or been able to get the jective review board. Then we would are raised related to the development treatment they needed when they were know if little Bailey needed this heart of for-profit medicine. Too often the suffering from cancer and trying to monitor, which most physicians think practice of managed care medicine be- fight it. Yet in case after case, we dis- he would, and they would get a deci- comes an enterprise of looking at a pa- cover that someone made a bad deci- sion. tient in terms of profit, rather than sion, and no one was held accountable Under the Frist-Breaux-Jeffords plan, evaluating what doctors should provide for that decision. The patient wasn’t this would not have happened. Why? in terms of needed medical services to given the medical treatment they de- Listen to this, for everyone concerned patients. served. about this issue. Who chooses the re- The Patients’ Bill of Rights, or Pa- Let me quickly say, if I might, to my view board under the Frist-Breaux-Jef- tient Protection Act, is a piece of legis- colleague, that there are some wonder- fords plan? The HMO. And the board lation that says you ought not have to ful organizations around this country— cannot make independent decisions fight your illness or your disease and yes, managed care organizations, some about medical necessity. So the choice have to fight the insurance company as insurance companies, and health care is very clear. well. You ought not have to lose your organizations—that do great work. God These are just three cases in my life because someone said it wasn’t bless them every day. But there are State. Look at the case of little Logan worth $750 to do a lung scan on a 22- some who look at patients as profit Muldoon-Murray from Binghamton; year-old girl who had a blood clot the centers and decide against providing the case of the late Tracey Shea, from size of a football in her lung. That treatment that a patient thinks they Long Island; the case of little Bailey ought not happen to people. are going to get. Sometimes it is too Stanek in Buffalo. In all three cases, My colleague from Nevada, Senator late when they discover the con- because there was not a fair review, be- REID, and I held a hearing in Las sequence of that. It was too late for cause we do not have protections so the Vegas, NV, for one day. I will never for- Donna and for Christopher.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.068 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6417 We are trying, with a piece of legisla- I was glad to hear our leader say that in New York and Nevada, and other tion, to say it ought not be too late for if we have to, we will stay here every places, as a result of something very any more Americans at any other time day through the Fourth of July break unusual that happened around here; to not get the medical care they need. or through the summer to get this bill and that is, Senator DORGAN, as chair- Let us pass this legislation, the Pa- finished. All of us have concerns and man of the Democratic Policy Com- tients’ Protection Act, so that people our families. We want to be with them. mittee, held a series of hearings around in this country can rely on getting the We want to be back in our States. But the Nation. Why? That isn’t the ordi- care that they deserve. what could be more important than nary role of the Democratic Policy When I heard the Senator from New this? Committee. But because we were in the York, Senator SCHUMER speak, I want- We are so close to the precipice of minority, we were unable to hold hear- ed to speak and to mention Donna be- passing a real bill—the kind of bill that ings in the committees that had juris- cause I know he knows her mother, has been put together by our col- diction over the Patients’ Bill of Mary Lewandowski. I know that all of leagues from Massachusetts, Arizona, Rights. So Senator DORGAN came up us have the same passion to want to do and North Carolina. We are right on with the idea to hold these hearings the right thing. We can do this. This the edge. How dare we give up. How around the country. will take some time. There will be peo- dare we let ourselves be diverted by ex- I am sure the hearings around the ple coming to the floor saying they traneous issues and political games. country went as well as the hearing in don’t want to do it. They will have ob- I thank the Senator from North Da- the State of Nevada. If that is the case, jections to our Patients’ Bill of Rights. kota as well as so many others. The which I am certain it is, the Senator Mark Twain was once asked if he Senator from North Carolina spent the from North Dakota deserves all kinds would be involved in a debate. He re- last year working out this compromise of accolades because if he did nothing plied: Yes; of course, as long as I can be with the Senator from Massachusetts other than the hearing in Nevada, it on the opposing side. because this is so important. said reams about what is going on in They said: We never told you about There used to be a slogan in the 1970s. this country regarding the delivery of the subject matter. You don’t need a weatherman to know health care. Mark Twain said: It doesn’t matter. which way the wind blows. Yes, you are So I will never, ever forget the hear- It doesn’t take any preparation at all right. We will hear a lot of arguments ing we held at the University of Nevada to take the opposing side and to argue from the other side. But look at every at Las Vegas on the Patients’ Bill of it effectively. group that is represented here—the Rights. The men and women, the boys We will have some people in Congress Mary Lewandowskis, the Tracy Sheas, and girls, the doctors and nurses who say we should not pass this patients’ and all of the others. They are on our testified there told us why we need this protection legislation. They are side. They are for this bill. bill. naysayers. It is very simple. The only people So I say to my friend from North Da- We know in our hearts that this is who seem to be against us are the very kota, thank you very much for coming important legislation for the American people out there who have done these up with this unusual procedure so that people. We must do this now. things, not by design but the way the the American people, and the people of Mr. SCHUMER. Mr. President, I system is set up—done these things Nevada, know how the rendition of thank my colleague from North Da- that have left the gaping wounds in so health care is not going properly—not kota. Along with the story I told about many as they have needlessly lost peo- all the good things, but you were able three New Yorkers, he added Mary ple. to put, in a very direct perspective, Lewandowski and her daughter, Donna. It is bad enough to lose somebody what was going on in the country in re- I want to add something. Mary has you love, but when you know you did gard to health care. So I personally ap- been down here three or four times. not have to lose them, and somebody preciate very much you doing what you Each time she comes into my office made a decision somewhere based on did because, but for this, we were sty- with her husband. They are not dollars, the hole in your heart never mied from explaining to people what wealthy people. They are humble peo- goes away. We have examples such as was going on around the country with ple. A trip from Rochester to Wash- Mary Lewandowski from Rochester, health care. ington is not easy for them. NY, who has come down here and said: Mr. SCHUMER. Will the Senator But the memory of Donna and what Please, please, please. from Nevada yield? happened to her burns within them. I would like to say to Mary—and I Mr. REID. I am happy to yield. They come and sit by my desk. They think I speak on behalf of the six of us Mr. SCHUMER. I just want to add my try and I try to talk about when this in this Chamber—we are not going to thanks to my friend from North Da- bill might come up and what is pre- give up. We are going to make this kota. Again, just as was the hearing in venting it from coming up. I was happy fight until we pass this bill, no matter Nevada, the hearing in New York was to let them know that since we took what it takes. moving, factual, and brought the case over the majority, Senator DASCHLE With that, I thank my colleagues. I to real life as to why we need this pro- decided to make this our highest pri- know my time has expired. And I posal. And the Senator did. He went ority. In fact, I have asked them if thank my friend from Iowa for waiting. around the country, everywhere, like they want to come down and watch a I yield the floor. Paul Revere, letting people know they little bit of this debate. It will never The PRESIDING OFFICER. The Sen- didn’t have to just curse the darkness; bring Donna back, but it will make ator from Nevada is recognized. that they could actually get something them feel good that future Donnas will Mr. REID. Mr. President, I wish to done with legislation that would really not die in vain. make a brief statement. And I ask matter to people, knowing that this is Imagine what they are thinking unanimous consent that the Senator not just a political game. now—that there is an attempted fili- from Iowa be recognized for 15 minutes I add my voice to thank the Senator buster to prevent this bill from coming after my statement, and then, with the from North Dakota, as chair of the Pol- up. This is not legislative gamesman- patience of my friends from North icy Committee, for the great work he ship. It is not an exaggeration in this Carolina and Massachusetts, Senator has done. case to talk about life and death. Every CLINTON was planning to be here at 3 Mr. DORGAN. Mr. President, let me one of us, as we traverse our States, o’clock to speak for up to 15 minutes. ask the Senator from Nevada to yield hear these stories and share the em- The PRESIDING OFFICER. Is there for a moment. Then I know the Sen- braces and the tears with the people objection? ator from Iowa has a statement to who have been damaged more irrep- Without objection, it is so ordered. make. Will the Senator from Nevada arably than any of us have. The only Mr. REID. Thank you, Mr. President. yield for a question? thing we can do is bring our passion, I say to my friend from North Da- Mr. REID. I am happy to yield. our knowledge, our work, and our kota, and everyone within the sound of Mr. DORGAN. I did want to take the sweat, blood, and tears to this floor my voice, we were able to give specific time to show the picture of the young and move this bill. examples of situations that developed 16-year-old man mentioned earlier,

VerDate 19-JUN-2001 01:45 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.071 pfrm03 PsN: S19PT1 S6418 CONGRESSIONAL RECORD — SENATE June 19, 2001 named Christopher Roe. The Senator other mothers and fathers who have those are the ones we know about. from Nevada and I both told his moth- testified at the hearings I have held, That is just the tip of the iceberg. er, Susan, that her testimony would your testimony was not in vain. We Think about the many more Americans make a difference. This is the picture have put together a record that dem- who have been denied the care but in Susan held up at our hearing in Las onstrates the need to pass this legisla- their desperation they went elsewhere. Vegas, NV. As she held up this picture tion, and we intend to do just that. Maybe they paid for it out of their of her 16-year-old son, Susan described The PRESIDING OFFICER. The Sen- pocket; they moved on with their lives. the difficulties obtaining treatment for ator from Iowa is recognized. The stories we hear are the tip of the Christopher through their managed Mr. HARKIN. Mr. President, I first iceberg. There are many more about care organization. Susan’s family faced say a big thank you to Senator KEN- which we don’t know. These are real these difficulties in addition to the NEDY for his many years of leadership stories and these are real people. These fight Christopher was trying to win in on this issue, and also thank Senator are real hurts they have. his battle against cancer. It was a bat- EDWARDS for his leadership and spon- It is very simple: Your HMO either tle this young boy lost, and it was a sorship of this bill, along with Senator fulfills its promises to pay for medi- battle that had become an unfair fight MCCAIN. cally necessary services or it doesn’t. because he had to fight cancer and he This is not a new issue in this Cham- We have heard enough to know that in and his family had to fight the man- ber. Senator KENNEDY led the battle on too many cases it doesn’t. As I said, I aged care organization at the same this, starting about 5 years ago, if I am didn’t have to look very far to find time. not mistaken. We passed it last year, such situations in my own State of This is the boy who died on his birth- as you know. The House passed a good Iowa. day. This is the boy who looked up bill, but the Senate passed a rather bad Let me relate the story of Eric from from his bed and said to his mother: bill. We went to conference, and we Cedar Falls who has had health insur- Mom, I don’t understand how they can could not get anything out of con- ance through his employer. Eric is 28 do this to a kid—‘‘this’’ meaning, how ference. We used to meet periodically years old with a wife and two children. could they not have allowed him to get over here in a room, in Senator NICK- He suffered cardiac arrest while help- all of the treatment that was necessary LES’ room, to try to hammer things ing out at a wrestling clinic. He was to give him a shot at beating cancer? out, but it became clear that the more rushed to the hospital where he was He died on his 16th birthday. we met, the less that was going to get fortunately resuscitated. But trag- To his mother Susan, who also is a done. So now we have a chance, this ically, while in cardiac arrest, Eric’s tireless fighter, and who believes also year, to catch up on all that and to brain was deprived of sufficient oxygen. that there must be change, we say your pass this meaningful legislation. He fell into a coma and was placed on son’s memory, I hope, will give all of us I believe we are on the verge of a big life support. The neurosurgeon on call in this Chamber the incentive and the victory for the American people. They recommended that Eric’s parents get initiative and the passion to do the have been waiting too long for this in right thing and to pass a Patients’ Pro- the waiting rooms—about 5 years— him into rehabilitation. It was then that the problems began. tection Act. where mothers, fathers, and children Although Eric’s policy covered reha- I mentioned yesterday that I, too, have been forced to spend countless bilitation, his insurance company re- have lost a child. And I get so angry— hours negotiating the massive bureauc- fused to cover his care at a facility so angry—sometimes when I hear these racy of their managed care plans, des- that specialized in patients with brain stories. I didn’t lose a child because of perately trying to get the health care a decision by a managed care organiza- services they need and deserve. injury. Well, thankfully, Eric’s parents tion, but I lost a child to a disease. And Unfortunately, it is clear that the op- were able to find another rehabilita- you never, ever get over it. ponents of a Patients’ Bill of Rights tion facility in Iowa. Eric began to im- When I see mothers such as Susan, are not giving up their fight. They may prove. His heart pump was removed, holding up a picture of her son, saying, succeed in convincing a few to delay it his respirator was removed, and his ‘‘this death should not have happened, for a few more days, but they are not lungs are now working fine. But even I should not have lost my son, my son going to be successful in stopping the with this progress, Eric’s family re- should have had a chance to live, my Senate from passing the protections ceived a call from his insurance com- son should have been given the oppor- that patients should have had years pany saying they would no longer tunity to fight this cancer that was in- ago. cover the cost of his rehabilitation be- vading his body’’, then I say we ought Right now, as I understand, we have cause he was not progressing fast to have enough passion and we ought an objection from the Republican side enough. to have enough determination and grit to proceed to the bill, an objection Eric’s mother wrote to me and said: to stay here until we pass a piece of from the Republican side to not even This is when we found out we had abso- legislation that says no more Chris- take the bill up. That is unfortunate, lutely no recourse. They can deny any treat- topher Roes in this country will lie in but I think it indicates that we have to ment and even cause death, and they are not responsible. bed dying of cancer having treatment be resolute in our determination to an- withheld from them; it will never hap- swer the call of our patients all over In the coming weeks in this Cham- pen again because we will make sure it America. ber, we have a critical choice before us. does not. We do not have to look too hard to We can choose for Eric and his family. Patients in this country have basic see that there are too many people We can choose between real or illu- protections and rights, and they have being denied appropriate care. We have sionary protections. We can choose be- the right to the treatment they need at all heard the horror stories of individ- tween ensuring health care for millions the time they need it. They have the uals unable to see their doctor in a of Americans or perpetuating the bur- right to see specialists, and they have timely manner, of patients unable to geoning profit margins of the managed the right to know all their options for access the specialists they need. We care industry. medical treatment, not just the cheap- just heard a number of stories from the I have been working on this issue est. They have the right to go to an Senator from North Dakota and the with my colleagues for over 5 years. emergency room when they have an Senator from New York. I am certain Last year I was a conferee trying to emergency. we will hear many more as we are here work out this bill with the House. It There are basic protections and in this Chamber during this debate. came to naught. We have debated this rights that are in this legislation that These are all individuals who have issue for years. We have negotiated dif- every American deserves to have. We been denied the treatment their doctor ferences of opinion to find common are going to see that we get Americans has recommended or their health spe- ground. We have worked across party protected and their rights ensured by cialist has recommended because the lines to develop the best bill possible. I the time we finish the debate on this HMO simply doesn’t want to pay the am delighted to say that amendments I important legislation. bill. offered during the past debates, such as I thank my colleague from Nevada. I hope we will all remember, as we access to specialists and provider non- And again I say to Susan, and all of the hear all these stories coming out, that discrimination, have been incorporated

VerDate 19-JUN-2001 01:45 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.073 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6419 into the underlying bill. S. 1052 truly presiding. I compliment him on the your State have for the fight that you represents the best of all of our collec- way he has presided and thank him have waged on behalf of real people and tive ideas and, most importantly, very much for his willingness to do so. families and children to try to protect meets the needs of the American peo- The PRESIDING OFFICER. The them against HMO abuses. ple. Chair thanks the majority leader. I wonder if the Senator would mind Our bill establishes a minimum level Mr. DASCHLE. I thank the Senator sharing with us what the people in his of patient protections by which man- for yielding. State have said to him in town hall aged care plans must abide. States can, Mr. HARKIN. I thank our leader for meetings, visits on the street corner and it is my hope that they will, pro- pointing that out. I, too, congratulate about how they feel about a clerk sit- vide even greater protections, as nec- my friend and dear colleague from ting behind a desk somewhere over- essary for individuals in HMOs in their Georgia for being a good friend of mine ruling experienced, well-trained doc- States. As a starting point, we need to and for being a great Senator. tors and nurses as to health care deci- pass a strong and substantive Patient A patient should have the right to sions that can literally affect the lives Protection Act. appeal an HMO’s decision to deny or of their families. S. 1052, our Patients’ Bill of Rights delay care to an independent entity Mr. HARKIN. First, I thank my Act, delivers on what Americans want and to receive a binding and timely de- friend from North Carolina for his kind and what they need: Real protection cision and, finally, the right to hold words and for visiting my State. I in- against abuse; direct access to needed HMOs accountable when their decisions vite him back soon and often. I thank specialists, especially pediatrics spe- to deny or delay care lead to injury or the Senator from North Carolina for cialists and OB/GYNs for women; the death. his great leadership on this issue, and I right for patients to see a doctor not It was my friend from North Caro- am delighted to be a soldier in his on their HMO list, if the list does not lina, Senator EDWARDS, who said ear- army to fight this battle and make include a provider qualified to treat lier that there are only two groups in sure our patients get decent care. their illness; access to the closest the United States that can’t be sued— Mr. REID. Will my friend yield for a emergency room; the right for patients diplomats and HMOs. It is time to end unanimous consent request? Mr. HARKIN. Sure. with ongoing serious or chronic condi- the HMO diplomatic immunity in this Mr. REID. Mr. President, I ask unan- country and to allow them to be held tions such as cancer or arthritis or imous consent that following the state- heart disease to see their medical spe- accountable. ment of Senator CLINTON—she will I know there is a lot of talk about cialist without asking for permission speak for 15 minutes when she arrives— the right to sue. Let’s face it: Most of from their HMO or primary care doctor the Republicans be recognized for 1 the situations will be resolved through every time they need to see their spe- hour following that time to make up the strong and binding appeals process cialist; the right for patients to con- for the time we have used. tinue to see their doctor through a that is in the bill. But the HMOs The PRESIDING OFFICER. Without course of treatment or a pregnancy, should not have special immunity objection, it is so ordered. even if the HMO drops their doctor when they harm patients. The reality Mr. REID. Mr. President, the one from its list or their employer changes is that unless HMOs are held account- thing I ask of my friends on the minor- HMOs. able when they make inappropriate ity side today, Senator ZELL MILLER This is so important. Right now, so medical decisions that harm a patient, has asked to come over. When he shows many people in managed care plans are there is no guarantee that they will up, after a Republican speaker finishes seeing a doctor for a course of treat- change their ways and stop putting his statement, perhaps Senator MILLER ment. It could be a difficult pregnancy. profits before patients. can speak, and you would wind up get- The mother-to-be has every confidence As this debate unfolds, I know that I ting your full hour. in this specialist. Then her employer and others will be coming to the floor The PRESIDING OFFICER. Is there changes HMOs and this doctor is not on to point out the tremendous profit objection? their approved list, not on their list for margins some of these managed care Without objection, it is so ordered. HMOs. Many HMOs will just drop that. industries have. When you think about Mr. HARKIN. Mr. President, I was at What this bill says is: If you started it, that is hundreds of billions of dol- a town hall meeting in Iowa, where I on a course of treatment, you can con- lars a year being sucked out of medical first heard this comment made by a tinue to see the doctor of your choice care that people need in this country gentleman who I think really brought through that course of treatment even and given to their shareholders or it all home. He said to me: I don’t want if the HMO has changed or if they have sometimes to a very small group who my doctor doing my taxes, and I don’t dropped the doctor from their list. happen to own the HMO or the man- want my accountant deciding my This bill has the right for patients to aged care system. health care needs. To me, that sort of get the prescription drug their doctor I don’t mind HMOs making profits— brought it all home and pointed out says they need, not an inferior sub- that is fine—but they should not be what we are trying to do: let the doc- stitute that the HMO chooses because able to make these unconscionably tors and health care professionals it is cheaper. high profits by disallowing appropriate make the decisions, and not the ac- CONGRATULATING SENATOR CLELAND care for patients. That is what I mean. countants, on what kind of health care Mr. DASCHLE. Mr. President, will The HMOs cannot continue to put prof- we need. the Senator yield for just a moment? its ahead of patients. As I said earlier, the stories we hear Mr. HARKIN. I am delighted to yield. Mr. EDWARDS. I wonder if my col- about the lack of medical care from Mr. DASCHLE. I appreciate very league will yield for a question. people in HMOs in Iowa—again, this is much the senior Senator from Iowa Mr. HARKIN. I am delighted to yield the tip of the iceberg. We are going to yielding. The hour is almost over, and to my colleague and friend and a great hear a lot of stories. These are real I do want to call attention to an impor- leader on this issue. people with real injuries and real hurt. tant matter for me personally, for our Mr. EDWARDS. Mr. President, one of We have to keep in mind that these are caucus, and certainly for the Senate. the reasons we are beginning this im- just the ones we know about. How Our colleague from Georgia, Senator portant discussion of an issue that will many more that we don’t know about CLELAND, has never had the oppor- affect the lives of so many Americans are out there? tunity to preside before, in large meas- is that for years now you have helped I retold a story here about Eric, a 28- ure because we have not been in the lead the fight on HMO reform, on a real year-old man who was working and had majority during the time he has been Patients’ Bill of Rights and on patient a wife with two kids. He was helping in the Senate. I want to call attention protection. I had the honor last year, out at a wrestling clinic and he had to the fact that MAX CLELAND, our col- during the Presidential campaign, of cardiac arrest. They rushed him in and league from Georgia, has been the Pre- visiting in the Senator’s State. he was resuscitated. His brain had been siding Officer for this last hour. I con- I say to my colleague, I heard over denied sufficient oxygen, so he needed gratulate him. I wish him well as he and over everywhere I went around the special rehabilitation. The neuro- pursues his golden gavel of 100 hours of State the passionate feelings people in surgeon recommended to his family to

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.075 pfrm03 PsN: S19PT1 S6420 CONGRESSIONAL RECORD — SENATE June 19, 2001 get him into rehabilitation. His insur- tantly, I have had the good oppor- Mr. HARKIN. I thank my friend from ance policy covered rehabilitation, but tunity of working closely with the Sen- Massachusetts for postulating this his insurance company refused to cover ator in the development of this legisla- question because it is really important. his care at a rehabilitation facility tion. The Senator can agree with me Before I answer it, I again thank the that specialized in brain-injured reha- that the protections we have in this Senator for his 5 years of leadership. bilitation. So his family took him to bill are basically pretty mainstream The Senator from Massachusetts was another place in Iowa. He began his re- kinds of protections that I think fami- the leader on this issue when it started habilitation. lies could recognize right at the outset. 5 years ago. He was our leader last The good news is that he had pro- I don’t have the particular chart here. year, and he is our leader again this gressed very well. The heart pump was We will have an opportunity to get into year trying to bring to the American removed, the respirator was removed, those as the debate proceeds. people commonsense decency. and his lungs are now working fine. We are talking about emergency As the Senator said, there is nothing But just at this point, the HMO calls room coverage and about specialty in the bill that would not meet the test his family and says they will no longer care, and we are talking about clinical of good old common sense. cover the cost of his rehabilitation be- trials and OB/GYN; and we are talking Yes, I want to know if those on the cause he is not making enough about prohibiting gagging doctors and other side who oppose this are going to progress fast enough. I would never talking about continuity of care and offer an amendment that says, no; if a have known about this except that his about point of service, so we can make woman is seeing an OB/GYN, if she is mother wrote me a letter and said: sure we can get the best treatment for having a difficult pregnancy—this may This is when we found out we had abso- families needing those kinds of protec- be a specialist in whatever the dif- lutely no recourse. They can deny any tions. The list goes on: prescription ficulty might be. But then the woman’s treatment and even cause death and drugs, the right kinds of prescription employer changes HMOs and drops the they are not responsible. drugs, and then appeals, internal and doctor. Right now they can refuse to I hear stories such as this all over my external, and then accountability pro- pay that specialist. She would have to State. That is why we need to move visions. go to someone else and start over. ahead aggressively and why we have to Doesn’t the Senator, at times, won- Doesn’t it make common sense that keep in mind, when this debate occurs der with me what are the particular she should at least be able to see that and we hear all these amendments protections in there to which the oppo- specialist through the end of her preg- being proposed, that we are talking nents object? What are the protections nancy, the birth, and have that same specialist see her? That is common about real people, real consequences, to which they most object? They say: sense. and real hurt that is happening to We can’t do this; we oppose this; we I question out loud, will someone on these families. The need is clear. won’t let you bring this up. the other side offer an amendment to This bill is not about doctors, nurses, These are basic kinds of protections disallow that? Fine, if they want to do or politicians; it is about patients, which, as the Senator knows, are ei- that, if that is their opinion. I want to about our friends and our families ther protections that exist under Medi- see how many people vote against when they get sick and they need to care or Medicaid or have been rec- something such as that. That is just have the peace of mind that the health ommended by the insurance commis- common sense. sioners who are not known to be Demo- care they need and deserve—and that Or a person with a disability who has crats or necessarily Republicans—pret- they have already paid for—will be to see a specialist on a continuing ty bipartisan and nonpartisan in most available in a timely manner. basis, I cannot tell the Senator—he We have a chance to pass real and re- States. The only provisions that we knows this as well as I do; he has been sponsible legislation. The time is now. have taken in the Patients’ Bill of very supportive. The American people have been in the Rights—additional protections—were Mr. KENNEDY. Madam President, waiting room for far too long. It is those that were unanimously rec- has the time expired? time to pass a meaningful Patients’ ommended by a bipartisan commission The PRESIDING OFFICER (Mrs. LIN- Bill of Rights. Let’s not delay any that was set up under President Clin- COLN). The time has expired. longer. We will have the debate. Let’s ton. They were unanimously rec- Mr. THOMAS. Madam President, the have the amendments that are perti- ommended, without dissent effectively. time is to change at 3:15 p.m. We ask nent. Let’s get it done once and for all. They recommended that the HMO as- that be done. Mr. KENNEDY. Will the Senator sociation adopt them. We said, because Mr. HARKIN. Madam President, I yield for a question? they were so important, to protect will finish with 1 more minute. Mr. HARKIN. I yield to the Senator. them we would put them in as a floor As I was saying to my friend from Mr. KENNEDY. Mr. President, I to make sure they are accepted. Does Massachusetts, many people with dis- thank the Senator for his strong lead- the Senator not wonder with me what abilities have to see a specialist, but so ership in this battle over a very long the principal objectives are? many times it is hard for a person with period of time. As the Senator was Finally, let me ask, does the Senator a physical disability to get out, get the mentioning in the beginning of his re- not believe that every day we fail to bus, get special transportation. Now marks, this has been a 5-year pilgrim- pass this legislation people are being they have to see the gatekeeper every age, where those who have fought for hurt? time. this legislation have effectively been I took the opportunity yesterday to The HMO says: No, you have to come denied the opportunity to bring this mention briefly what the Kaiser Foun- in and qualify for each and every time measure up on its own in the Senate. dation has found and what the various you want to see that specialist. This The Senator can remember last year studies show. They show that every bill does away with that. when we had actually a numerical ma- day we fail to take action, families, Will someone offer an amendment jority in this body, bipartisan in na- real people—parents, mothers, fathers, that says to someone with a disability: ture, who would have voted for this. sons, daughters—their injuries are I do not care; you have to go through But we were denied that opportunity. being expanded and their hurt and suf- that gatekeeper time after time to see Now, as the first order of business fering is increased and enhanced be- the specialist you need to see. under the leadership of Senator cause we are failing to pass this legis- I agree with the Senator from Massa- DASCHLE—I think it was the first com- lation. chusetts; the bipartisan commission ment he made after assuming leader- Doesn’t the Senator agree that for all worked this out. These are common- ship, that this was going to be a first of these reasons, and others, the impor- sense approaches. You can take this priority following completion of the tance of passing this legislation in a bill to any townhall meeting in Massa- education bill. timely way, the importance of passing chusetts, Iowa, or Arkansas and lay it I have a couple of questions because it now, the importance of supporting out for average Americans, and they I, too, have had the good opportunity, our leader and saying let’s finish before will say: Yes, this makes sense. This as the Senator from North Carolina we consider other work, deserves the bill makes sense and that is why we has, to travel to Iowa. More impor- support of everyone in this body? have to do it.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.078 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6421 Mr. KENNEDY. I thank the Senator. the issue of whether we should proceed. taurant, end up being drawn into that The PRESIDING OFFICER. The time It seems to me there are a few croco- lawsuit? But I will be under this law, of the Senator has expired. The Sen- dile tears on that issue. under this proposal as it is structured. ator from Nevada. There is a legitimate reason for not I find it consistently ironic that the Mr. REID. Madam President, I have immediately moving to the bill, and Senator from North Carolina, who has spoken with the manager of the bill, that is we do not know what the bill is, his name on this bill, continues to say the Senator from New Hampshire. He and we do not know the specifics of the employers are not subject to suits made a very valuable suggestion. I ask bill. We should have a chance to read it when the bill specifically says employ- to revise the unanimous consent agree- before we proceed to it. ers are subject to suits. It says it in ment that is before us. I ask unani- I use the very excellent example of two places that are very significant. mous consent that the Republicans the position of Members of the other He suggested I read his bill. I did read have control of the time speaking as in side of the aisle when we were taking his bill. I might suggest he also take a morning business until 4 o’clock, and up the education bill when they sug- look at his bill because it does not ap- thereafter, until direction of the ma- gested we do 2 weeks. We are not going pear he has, if he continues to conclude jority leader, we will go on the half to suggest 2 weeks, but we are going to employers are not subject to liability. hour, from 4 to 4:30 p.m. will be Demo- suggest a reasonable amount of time to No. 1, the language is, as we mentioned crats, from 4:30 p.m. to 5 p.m. will be proceed on the issue of reviewing the earlier on page 144, very specific. Republicans until we decide we have bill before we address it. Granted, the headlines for the language had enough for the night. This probably would not have been are ‘‘exclusion of employers and other The PRESIDING OFFICER. Without necessary if we had had hearings on plan sponsors.’’ But when it gets to objection, it is so ordered. The Senator this bill. One must remember, there part (B), it says, ‘‘notwithstanding from New Hampshire. has not been a hearing on this bill that [anything] in subparagraph (A), a cause Mr. GREGG. Madam President, I is being brought before us even though of action may arise against an em- thank the assistant majority leader for it is extremely important legislation. ployer or other plan sponsor....’’ helping organize the speeches this In fact, in the Senate, there have been That is the term, ‘‘employer.’’ I de- afternoon. There are a lot of Members no hearings on the issue of patients’ fine ‘‘employer’’ as employer, not in- who want to talk on this bill. That is rights in 2 years—since March of 1999. surance company. I think anybody else reflective of the fact and one of the We have taken up the language of the would, too. So right there, at the base reasons why we cannot move imme- Patients’ Bill of Rights a couple of of it, employers are sued under this diately into the amendment process. It times, but we have not done any hear- bill, and for a significant amount of re- is not that we on this side are not in- ings in the committee that has juris- sponsibility here, because the defini- terested in moving to the amendment diction or responsibility in the last 2 tion of what an employer is going to be process; we honestly are. There are years. sued for goes on to say, ‘‘where the em- many on our side champing at the bit That is important because at those ployer participated—had direct partici- to get into this bill and amend it and hearings, we could have gotten con- pation by the employer or other spon- address fundamental issues. structive input. If we had had hearings sors in the decision of the plan.’’ We also on our side want to have the on this bill, for example, we would have Direct participation has become an opportunity to bring forward sub- seen a number of people from commu- extremely broad term, as I mentioned stantive and thoughtful approaches on nities across this country coming for- earlier today. Basically, if the em- how to address this issue in an even ward—small business people, people ployer says, as you are heading off to more effective way than the bill before who are running mom-and-pop busi- the hospital—you are working for the us that has been drafted by Senator nesses with 9, 10, 15, 20, 30 employees restaurant; there are 30 people at the MCCAIN and Senator KENNEDY. saying: Listen, the hardest thing I have restaurant and you get burned in the The point, however, is that we just in my business is the cost of health in- kitchen and the employer says, you got this bill. It was one bill on Wednes- surance. I want to insure my employ- have to get down to the hospital, let day of last week. Then it was a dif- ees. I want health insurance for them, me make sure you get to this hospital ferent bill on Thursday. We have had 2 but if the McCain bill passes, I will not versus that hospital, the employer is working days. We are talking about the be able to afford health insurance be- libel. The employer is libel for how you bill, but it is a moving target for us. To cause I suddenly will not only be buy- are treated at that hospital under this get up to speed on it takes a little ing health insurance, I will be buying bill. time, and there are a lot of people who lawsuits. Instead of the present law Then there is this new cause of ac- want to talk about that, a lot of people which insulates the small employer es- tion, which is a massive new expansion who have had intimate knowledge with pecially from being sued for medical of the ability of people to be sued, em- what has been going on with this issue malpractice or medical malfeasance or ployers specifically, under this bill. for a long time but are not familiar medical events that their employees This new cause of action is created by with the specifics of the McCain-Ken- incur in the process of dealing with the subsection 302, subsection (A)(ii), I nedy bill and, therefore, believe they health insurer with which the small think it is the right cite, on page 141 of need some time to be brought up to business individual has contracted, in- Senator MCCAIN’s bill: speed before getting into the amend- stead of having that insulation, that . . . otherwise fail to exercise ordinary ment process. goes down, the wall goes down. care in the performance of a duty under the I note as an aside, and I think it is Under this bill, those employers, terms or conditions of a plan with respect to important to note, this is one of the those small mom-and-pop employers a participant or beneficiary. most far-reaching and important pieces especially—all employers for that mat- Then, the agent or the plan sponsor of legislation we will address as a Sen- ter—will suddenly find themselves is subject to be sued. Plan sponsors are, ate this year, certainly on the author- being sued for medical issues. by definition of ERISA, employers. izing level. We just completed another A person who runs a restaurant with That is very clear, unequivocal in major piece of legislation, the edu- 30 employees is probably saying: I don’t ERISA. So we are talking about the cation bill, which is extremely impor- mind being sued if I put out a bad meal fact that there is now a new Federal tant legislation. We spent 2 weeks—ac- and somebody gets sick. That is my re- cause of action for what amounts to tually 21⁄2 weeks—on the motion to pro- sponsibility. But if one of my employ- the failure of a plan, the insurer, to ceed to the education bill. That was ees to whom I have given health insur- give information which traditionally when the Republican Party held the ance, which I think is important to had been managed through regulatory majority in the Senate. At that time, I them, goes to the local doctor and the activity—the failure of that plan to do did not hear Senators from the other doctor doesn’t treat them correctly or a whole series of things. side saying we were moving too slowly they get bad advice from their insur- I put up a list earlier of potentially as we are now hearing today from Sen- ance company on the way they should 200 different places, between COBRA, ators on the other side, even though we have been treated or their options, why HIPAA, and ERISA, that you would have not spent more than 6 hours on should I, as the owner of the little res- have a cause of action that could be

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.080 pfrm03 PsN: S19PT1 S6422 CONGRESSIONAL RECORD — SENATE June 19, 2001 brought on an activity of the insurer or able under the two new claims, these Also, responding to requests for addi- people who are involved in the plan in two new ERISA claims, include unlim- tional group health plan documents a ministerial way as employers. They ited economic and noneconomic dam- under ERISA; and, finally, group would now be subject to lawsuits in a ages and up to $5 million in what this health plan reports under the Depart- Federal action. There would now be a new euphemism is, ‘‘civil penalties,’’ ment of Labor. Federal action against them on that in otherwise known as punitive damages. In all of these areas they can be sued. over 200 different places—not quite 200, I guess that was too punitive a word to The list goes on and on. Employers somewhere around 200 different places put into this bill so they used the cannot be sued on this today. All of where employers could be sued. words ‘‘civil penalties.’’ this is new. This is a brand new litiga- I understand—I was not here but it They have created these claims. They tion area. was represented to me by people who have taken the tops off the liability As I said, we will need to add many were here—that, once again, the Sen- and basically said, OK, go find an em- new law schools in order to absorb all ator from North Carolina said that is ployer and shoot him dead with unlim- the new lawyers we will need in order not true; that only counts if it is a ited economic damages, unlimited non- to bring all of these lawsuits. medically reviewable event. Then that economic damages, and $5 million in The McCain-Kennedy bill proposes up brings in the employer. punitive damages. to $5 million for punitive damages for I don’t know. I think I can read lan- The second new ERISA claim, the COBRA, HIPAA reporting, and disclo- guage. The language is abundantly terms and conditions in the one I just sure violations despite the fact that all clear, and I don’t think you can reach talked about, is extremely broad, cov- of these requirements have their own that conclusion because the language ering virtually any administrative ac- specific ERISA enforcement provisions. is clear. The language the Senator tion that does not involve a claim for In other words, under present law, quoted in support of that position, benefits, including the S. 1052 McCain there are already enforcement provi- which actually is a 180 degree exact op- bill new patient protection require- sions for this activity and the ones I posite conclusion of what the Senator ments under COBRA and HIPAA. just listed. But they don’t run to the from North Carolina said, the point he The McCain bill establishes a com- employer to benefit the patient. The was making, if it was correctly rep- plicated scheme which attempts to patient doesn’t have an individual resented to me. limit Federal and State suits against cause of action in this area. Rather, Under clause (2), again of 302, it says: employers provided the employer does these are strong administrative proce- IN GENERAL.—A cause of action is estab- not directly participate in the decision dures which keep the employer from lished under paragraph (1)(A) only if the de- in question. It is a very complicated violating the purposes of ERISA. But cision referred to in clause (i) or the failure scheme, but what is the effect of it? described in clause (ii) does not [‘‘not’’] in- now we have punitive damages up to $5 The effect of this direct participation million, unlimited economic damages, clude a medically reviewable decision. at this time will mean that employer Just the opposite. It is not because and unlimited noneconomic damages. protections are essentially meaningless Some of the things that occur today there is a medically reviewable deci- for suits alleging a failure under the sion that you get brought into this. It in order to enforce these laws but terms and conditions of the plan. which do not involve private cause of is because there was no medically re- Further, the McCain-Kennedy bill action as created under the bill are as viewable decision, which means all continues to allow unfettered class ac- follows: these ministerial events, which have tion suits—including suits against em- There is a $100 per day excise tax pen- unlimited liability attached to them, ployers—where no limits on damages alty under Code section 4980B(b) viola- can create the lawsuits against em- would apply under the current law pro- tions of the COBRA requirements—tax ployers. visions of ERISA or other Federal stat- penalties are up to $500,000 for employ- So employers are going to be hit with utes, including the RICO statute. ers and $2 million for insurers. There is a plethora of new lawsuits from attor- So you have, first, a whole new set of an additional $100 per day civil penalty neys across this country. This is a Federal claims created against employ- under ERISA section 502(c) for failing whole new industry. We will have to ers, unlimited economic damages, un- to satisfy the COBRA notice require- probably build another 20 or 30 law limited noneconomic damages and $5 ments. Plan participants may sue em- schools across this country just to take million of punitive damages, which es- ployers and insurers—for benefits and care of all the new lawyers who are sentially have a figleaf entry level that injunctive relief under ERISA section going to join the trade in order to any good lawyer is going to be able to 502. make money suing people under this punch through called directed partici- McCain-Kennedy bill. We are going to pation. Then you have the continu- There is a $100 per day excise tax pen- have to expand law schools radically, ation of class action suits giving law- alty under Code section 4980D(b) and a which may be good for law schools but yers another forum with things such as $100 per day penalty under section I am not sure it is good for our society the RICO statute. 2722(b)(2) of the Public Health Service as a whole. Because employers inherently carry Act for violations of the HIPAA pre- I want to go into a little more depth out their duties under the ERISA’s existing conditions limitations provi- here, if I have a minute—I understand statutory scheme, the McCain-Kennedy sions. In addition, plan participants somebody else is coming to speak—on bill will leave employers wide open to may sue for benefits and injunctive re- the specifics so I get it right, especially new Federal personal injury suits. Em- lief under ERISA section 502. on this whole issue of the Federal tort ployers will be sued based on alleged Willful violations of ERISA’s report- claim, this new Federal action. This is errors in: ing and disclosure rules, including the a huge event which should not be un- Offering continuation coverage and requirements relating to the provision derestimated. It is technical but it is providing notices under COBRA; of SPD and documents upon request, huge and the implications are radical. Providing certification of prior cred- are subject to criminal fines and im- We are going to get a chart put up just ible coverage under HIPAA’s port- prisonment under ERISA section 501. to make it a little easier for people to ability rules; Failure to provide documents upon understand. Distributing summary plan descrip- request is subject to civil penalties Basically what this bill does is it cre- tions; describing the plan’s claim pro- under ERISA section 502(c). ates two new types of lawsuits in Fed- cedures under the plan; and describing So you already have a very extensive eral court. Under the first type of ac- the plan’s medical necessity or experi- administrative and legal liability situ- tion, participants can sue over a failure mental care benefit exclusions. ation for employers and insurers that to exercise ordinary care in making Here are some of the others: do not meet the conditions of COBRA, nonmedically reviewable claims deter- Also, providing notices of material HIPAA, and ERISA. But what you are minations. The second Federal cause of reduction in group health plan benefits now layering on top of that is a brand action broadly allows suits for failure as required by ERISA. new concept where you have a private to perform a duty under the terms and These are all areas where they can be right of action, where individuals can conditions of the plan. Remedies avail- sued. go out and allege these violations as

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.082 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6423 part of the injury they claim they re- are going to drop their health care in- their HMO telling them what it is they ceived and have a whole new cause of surance. should have and what it is they should action against the employer. Couple with that this huge, newly not have—whether it is their OB/GYN What small-time employer—what built, unintended consequence—in- or specialists or a primary care pro- employer, period—is going to want to tended consequence; it is not unin- vider. All of them have that language keep a health plan if they have that tended at all—which will be that em- or rely on State law which has that level of liability facing them? ployers, and especially small employ- language and which is equal to the lan- McCain-Kennedy would impose po- ers, will simply say, I am not going to guage in the bill that is being proposed. tentially huge new compensatory and run the risk of being put out of busi- So those issues, as compelling as punitive damages remedies for viola- ness by these lawsuits which bring me they are, truly are not relevant to the tions of COBRA, HIPAA, and ERISA’s personally into the fray. debate in this Chamber because under disclosure requirements. Moreover, Then you have the result that more anything that passes this Chamber, under the statute’s own requirements, and more people will become unin- you have a 100-percent vote to take the employer is specifically required to sured. Thus, more and more pressure is care of those issues. carry out COBRA and disclosure re- created in the marketplace of politics The question before this Chamber is quirements—the employer is almost al- for a nationalized plan. whether or not we are going to drive up ways the administrator. Thus, McCain- You have to remember, if you are a the costs of health care by creating Kennedy imposes a huge new liability small businessperson and you are em- new liability for employers, forcing on employers that employers cannot ploying 20, 30, or 50, or even 100 people, employers to drop health care, and avoid; despite the fact that when Con- and you are confronted with one of whether or not we are going to usurp gress adopted COBRA and HIPAA with these law lawsuits—which you sud- the authority of States to set out their large bipartisan majorities no discus- denly find you are confronted with be- ideas as to how to address this issue, sion was given to the need for punitive cause the Federal law has the ability of where many States have already done damages to enforce the new require- making you personally liable because an extraordinarily good job and really ments. you happen to be the employer or the do not need a Federal law in order to Practically what you have here is a health plan sponsor—what is your al- protect their citizenry because the pro- decision by the drafters of this bill to ternative? What are your alternatives tections have already occurred. say we are not really so much inter- as a small businessperson? You have to There are a lot of other issues in ested in delivering better health care go out and hire an attorney. How much here, too—lesser issues. But those are and in giving patients better health is that going to cost you? It will cost the two big ones. That is what this de- care; we are really interested in cre- literally tens of thousands of dollars bate is about. It is not about the folks ating a massive new opportunity for probably to defend yourself in court or who have not been treated well because lawsuits. you have to settle the suit. Even those folks are going to be treated well In doing that, I think they are ac- though you don’t believe you owe any- under whatever bill passes. And it is complishing one of the goals—which I thing, you have to settle the suit rath- not about people not being able to go believe is a subliminal goal and maybe er than pay the attorneys or you decide to their health care provider and get a more formal goal in truism—which is to pay the person who brought the suit. the type of specialists or the type of to create more people who are not en- That is going to cost you a lot of treatment they want in a context sured because that can be the only con- money. which everyone would describe as rea- clusion from their lawsuit structure. Either way, as a small employer, if sonable because that is in every one of The only thing that can come from all you are running a mom-and-pop res- these bills. of these lawsuits, from all of these new taurant, it will probably wipe out your It is about the cost of health care, causes of action, and from all of the profit because you suddenly find that the liability of employers, and the new pressures it will put on employers you are subject to lawsuits to which usurpation of States rights with States is that fewer employers will insure you were never subject before simply having the opportunity to legislate in their employees, especially small em- because you gave health insurance to the area of insurance which for years is ployers. your employees. It is absolutely the something that has been a tradition in Inevitably, there will be more unin- wrong result. We have heard a lot from this country. sured. Why would anybody be for more the other side of the aisle about indi- So as we go down the road—and hope- uninsured? If you are around here and viduals who had serious problems with fully we will get a final form of a bill you want to pass a national health care HMOs. We are all sympathetic to those to debate from—I believe that is the plan, the biggest argument you have in individuals. Photographs that have proper framing of this debate. I look your favor is that there are too many been brought to this Chamber—and forward to it. uninsured in our country, that the only brought to this Chamber last time—by I yield the remainder of our time to way to handle the uninsured is to na- Members from different States are very the Senator from Texas. tionalize the system and put everybody moving photographs. But you have to The PRESIDING OFFICER. The Sen- into a national plan so everybody is remember, that is not the issue here ator from Texas. covered. because the proposal put forward by Mr. GRAMM. Madam President, I We heard that argument intermi- Senator NICKLES last time, the pro- thank our dear ranking member for nably in 1993 when there were only 23 posal put forward by Senators FRIST, yielding to me. million uninsured. After 8 years of the BREAUX, and JEFFORDS, and the pro- I wanted to come over today in the 15 Clinton administration, there are now posal from Senators KENNEDY and minutes we have left to talk about this something like 42 million uninsured. MCCAIN, all take care of those individ- version of the Patients’ Bill of Rights. We have increased the number of unin- uals’ concerns. Those are straw men. Lest this stack of legislation on my sured people by 19 million over this ap- None of those folks, I suspect—or the desk fall over and kill me, let me make proximately 8-year period when we vast majority of them; I suspect none the point that it seeks to make. This were supposed to be improving our of them—would have the problems they stack on my desk demonstrates our big health care delivery system. And the had with their HMO if any one of those problem in trying to bring up one of call for a national plan will grow and three bills passed because all those the most important bills we are going grow as the number of uninsured grow. bills had a very aggressive procedure to consider in this Congress; a bill If you pass this proposal, because of for redress for the person who believes that, by the definition used by its prin- the costs it will create on employers they are not getting fair treatment cipal authors, will cause net pay of and because of the increased cost in the from their HMO—very aggressive. American workers to decline by $55 bil- insurance premiums, which the Con- All of those bills had very extensive lion over the next 10 years. Senator gressional Budget Office scored at 4.2 proposals for coverage of different KENNEDY talks about the bill costing a for every 1 percent of increased cost, types of services which people believe Big Mac. It really is 25 billion Big CBO estimates that 300,000 people will they have a right to, and should be able Macs. It is a lot of hamburgers and a drop insurance. So 1.2 million people to get, and should not have to have lot of dollars.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.085 pfrm03 PsN: S19PT1 S6424 CONGRESSIONAL RECORD — SENATE June 19, 2001 Looking toward the debate on one of that everybody would be forced to be a that vastly expands lawsuits and ex- the most important bills that we will member of—that the government was pands cost. consider, after having spent several going to set standards for health care, Now, why is this such a big deal? weeks trying to analyze and under- and they were going to give these 33 Why is there so much passion about stand the old version of the bill, S. 872, million people access to health insur- this? Let me explain why. This simple we now have a new version, S. 1052, and ance. chart explains why. This simple chart we understand that there is yet an- The price we were going to pay was tells us how unique America is in all other version which is coming. that you did not have any choice about the world, and how different we are Why is this important? It is impor- joining this government-run HMO. You than any other developed country in tant because if we are going to debate are going to hear Senator KENNEDY and the world. We have all heard of the G– an issue that will have a profound ef- others talk about forcing these private 7 nations. Those are the seven richest fect on every working American and HMOs to have a point-of-service option. countries in the world. every user of health care—which is ev- But he is not going to point out that in What I have done in this simple chart erybody alive—it is vitally important the original Clinton bill, the point-of- is to take the G–7 nations and ask a that we know what the proposal is that service option was that if the health simple question: What percent of the we are going to debate. A perfect exam- care purchasing collective in your area population in the seven most developed ple of why that is important is the did not approve a treatment, and the countries in the world get their health Clinton health care debate that we had doctor provided that treatment, he was care through the government and what in 1993 and in 1994. We kept hearing a fined $10,000. And if you paid him sepa- percentage get it through private debate from the White House about rately for the treatment, he was sent choice, private health insurance and their bill, and what it did; but in re- to prison for 5 years. decisions that they actually control ality, as that debate was in the process You are going to hear a lot of debate that relate to their family and their of beginning, we had one, two, three, about the right to sue HMOs, but you children? If this chart does not scare four, five, six, seven, eight, then nine are not going to hear that 7 years ago, you, then I think there is something different versions of the bill. Senator KENNEDY, on behalf of Bill wrong. Why was it changing so much? It was Clinton, proposed a bill that severely What does this chart show? It shows changing so much because it was inde- limited the right of anybody to sue a that of the seven most developed and fensible. The problem is—at least the doctor or any health care provider or richest countries in the world, the problem I had—is that every time I any faceless bureaucrat running a United States is profoundly different in studied a new version, by the time we health care purchasing collective. health care. Sixty-seven percent of got to the floor of the Senate to debate The argument 7 years ago was, forget Americans buy health care as a private it, the version had changed dramati- about freedom. Instead, worry about purchaser through private health in- cally. It was not an insurmountable the fact that 33 million people don’t surance and through individual choice; problem because each and every one of have health insurance and give up your 33 percent of Americans get their these versions wanted the government freedom and let the government run health care through a government pro- to take over and run the health care the system, and we will solve that gram. system. When the American people problem. That was the argument 7 When you look at the next freest knew what they were trying to do, they years ago. country in terms of private decision- were not for it. When people understood it meant making regarding health care in the But I think we can expedite this de- that when your mama got sick she was developed world, next to America, bate if we simply know what is being going to talk to a bureaucrat instead of which has 67 percent of its people buy- proposed. So I would like to propose to a doctor, the American people killed ing health care through their choice, our colleagues a solution to our prob- that proposal. But notice the 180 that through private health insurance, and lem; and that is, if there is about to be has occurred in those 7 years. Today individual decision-making, the next a new version, and if the authors of the 42.6 million people do not have health freest country is Germany, where 92 bill would give us their final version, insurance, almost 40 percent more than percent of health care is purchased then I believe that we could, with a in 1989. But now we have a proposal be- through government programs and gov- couple of days’ study, be in a position fore us that simply assumes that every ernment decision-making. to debate the bill. And we could get on employer absorbs part of the cost of in- As we go into this debate, why am I with it. creased health care that will come so concerned about driving up health Why is this issue so important? You from the bill before us, however, we care costs and forcing people to give up are going to hear a lot of debate about know that the increased costs will their private health insurance and forc- what this could mean to health care in guarantee at a minimum that 1.2 mil- ing companies to cancel insurance? I America, what it could mean to the lion people will lose their health insur- can tell you why I am concerned. I availability of health insurance. Why is ance. don’t want, 10 years from now, the that so important? First of all, it is im- Why, if we were willing to let the United States to be up to 92 percent of portant because I think people need to government take over the health care its health care run by government or 99 realize that when we debated the Clin- system 7 years ago because people percent of its health care run by gov- ton health care bill in 1993 and in 1994, didn’t have health insurance, do we ernment or 100 percent of its health the argument that was made through- now, in the name of giving them the care run by government. If you want out that debate was: Don’t worry about very rights we would have taken away America to be at the top of this list, the right to have choices. Don’t worry from everybody 7 years ago, make it so then you don’t care if the bill before us about a point-of-service option. Don’t that 1.2 million people, at a minimum, produces a situation where companies worry about the right to sue. Worry don’t have health insurance who have cancel health insurance because you about access to health care because the it today? have the answer already. The answer is figure that was used in that debate was I will explain the answer. I am deeply government. the latest number we had, as a good worried about people losing health in- This is a big issue. This is one I be- number, which was that 33 million peo- surance and I want to preserve private lieve deserves thoughtful deliberation. ple did not have health insurance. medicine in America. But if 7 years ago Finally, I will pick three issues. I Today, 42.6 million people do not have you wanted the government to take will use the old bill because that is the health insurance. over the health care system, then if one I know. I have checked out the new What was the solution to that prob- you destroy the health care system we bill and, with one exception, there is lem that Senator KENNEDY proposed in have today, if more people lose their not a change. There has been one word presenting the Clinton health care bill? health insurance 2 or 3 years from now, dropped. I will explain why it is so im- The solution was to have the Govern- you can come back and say: let’s allow portant that we have a copy of the ment, through health care purchasing the government take it over to solve a final bill so we know what is in it. Let collectives—which would be these problem which, in fact, you have cre- me take three issues that will make giant HMOs run by the government ated with a bill like the bill before us my point.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.089 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6425 The first issue is the one that there The PRESIDING OFFICER. The Sen- Houses of Congress since 1997. We have was a lot of talk about on the weekend ator from New York is recognized. now been waiting and waiting for the talk shows. In fact, one of our Demo- Mrs. CLINTON. Mr. President, I only Congress to act. Now is the time. crat colleagues was asked about suing caught the tail end of the remarks by I believe we should act not because it employers. He responded: under our the Senator from Texas. But I will just has been on the agenda for a long time, bill, you can’t sue employers. Sure point out that this bill, which we are although it has, and not because it is enough, if you open their bill up to hoping to consider today, has been in one of those issues to which finally the page 144, right in bold headlines, it the works for years. It has gone stars seemed aligned and with the says that you can’t sue employers. In through a number of drafts; it has been Democratic majority now in charge of fact, in a super-bold headline it says: voted on in previous incarnations. It is the Senate we can actually get it to Exclusion of employers and other plan not a new issue. It is ready for the full the floor but because of the patients sponsors. And then a subhead line debate and disposition in the Senate. It and their families who are out there called paragraph (A), it says: Causes of is not like a budget bill that is pre- waiting and literally praying for us to action against employers and plan sented without any debate and without act. sponsors precluded. Gosh, it sure looks any adequate preparation, as we expe- Each of the patients I have met and like it precludes suing employers. rienced a few months ago. This is an heard from, and each of the families Then it says: Subject to subpara- issue that is more than ripe for the whom all of us have heard from, tell a graph (B), paragraph (A) does not au- consideration of this body. story that describes an urgent situa- thorize a cause of action against an I thank Senator DASCHLE for making tion needing timely and responsive employer. But guess what. When you the McCain-Edwards-Kennedy Pa- care. That is why this bill is so impor- get down to paragraph (B), it says: Cer- tients’ Bill of Rights the first bill he tant. tain causes of actions permitted. Not- has brought to the floor as our Senate It is about getting the care you need withstanding subparagraph (A), a cause majority leader. when you need it. It is about getting of action may arise against an em- I really rise today on behalf of the care in a timely manner from doctors ployer or other plan sponsor or against countless New Yorkers, and really mil- you trust and choose. It is about hav- an employee of such an employer or lions of Americans across our country, ing doctors and nurses in charge of sponsor acting within the scope of em- who have been waiting for this day for your health care, not accountants and ployment. a very long time. I heard some remarks bookkeepers. Why are we so concerned about get- by the Senator from Texas about the My colleague, TOM HARKIN from ting to see the final bill before we de- efforts that were made, I guess, 6, 7 Iowa, had a memorable phrase today at bate it? Because the bill is full of these years ago now, to try to provide health the press conference. He said, ‘‘The bait-and-switch provisions. Here in one care coverage to every single Amer- American people don’t want their doc- paragraph it says you can’t sue an em- ican. I was deeply involved in those ef- tors doing their taxes and they don’t ployer, and then in another paragraph forts, and although we were not suc- want their accountants providing their it says you can. cessful, the goal was one that I think health care.’’ Let me give two more examples. One we should still keep at the forefront of Each of us should be able to look to is, can you force an insurance company our minds and hearts because when we our doctors, our nurses, our health care to pay for a benefit that is specifically began our work in 1993, there were ap- professionals for the care that we trust excluded in the policy? Let’s say the proximately 33 million Americans and need. This is about access to an policy says that the plan does not pro- without insurance; today we are up to emergency room when we need it. vide coverage for heart and lung trans- 42 million. This is after the so-called I recall being in Ithaca, NY, about 2 plants and, as a result, the plan is managed care/HMO revolution oc- years ago and meeting a young woman cheaper. And so my small little com- curred, where people have been finding who came to see me with a stack of pany I work for buys the plan, and I it harder to afford coverage, afford the medical records, literally a foot high, know in advance it does not cover that. deductibles, afford the copayments, just desperate. She had been in a very So the question is, are you bound by with the result that we have more peo- dangerous, nearly fatal accident on one the contract? If you look at the bill on ple uninsured today than when many of of those winding roads that go through page 35, it sure looks like you are. In us tried to address this problem some that beautiful part of New York. Some fact it says no coverage for excluded years ago. of you may have traveled through benefits. And then it has a paragraph There are many urgent health care Ithaca or may have gone to Cornell. that tells you if they are specifically issues before us as a nation such as sky You know what beautiful country it is, excluded, they are excluded. Until you high prescription drugs for our seniors, but it has also a lot of winding roads. turn over to the next page and it says: too many without adequate coverage, She was in a devastating accident, Except to the extent that the applica- and once they have Medicare they lying unconscious on the side of the tion or interpretation of the exclusion can’t afford the additional coverage road. Luckily, someone came upon her or limitation involves a determination that is required in order to give them and called for aid and they were able to under paragraph 2. the kind of health care they should medivac her out with a helicopter, save Then you turn back two pages and have. There are gaps in our health safe- her life, and she was in hospital care you see that anything that is medi- ty net, a shortage of nurses in our hos- and rehab for nearly a year. She gets cally reviewable or has to do with ne- pitals and nursing homes, and the very out and what does she find? She gets a cessity or appropriateness can be man- difficult conditions under which so bill from her HMO for the helicopter dated, even if the contract specifically many of our nurses now labor. And, of medivac emergency service because— excludes it. In other words, another course, there is the growing crisis of get this—she didn’t call for permission bait and switch. the uninsured. So we have our work cut first. She is unconscious on the side of The PRESIDING OFFICER. Under out for us in order to deliver on the the road and they want to charge her the previous order, the time controlled promise of quality, affordable, acces- $10,000 because she didn’t call for per- by the minority has expired. sible health care for all Americans. mission. Mr. GRAMM. Let me say, we will That is why I am urging we proceed So this is about getting the emer- have plenty of time to debate this and without further delay or obfuscation gency care you need when you need it. I will continue my examples later. and pass a Patients’ Bill of Rights—the It is about seeing a specialist when you However, the point I wanted to make bipartisan Patients’ Bill of Rights that need it, when your doctor says: I have now was that we need to see the final Senators MCCAIN, EDWARDS, and KEN- gone as far as I can go; you need to go version of the bill so we can prepare to NEDY have worked so hard to present, see a specialist. It is about women debate it. which has bipartisan support in the being able to designate their OB/GYN Maybe if we can take some of these House. as their specialist, and about mothers inconsistencies out, we could be closer We have to finish this job. We have and fathers being able to designate to having an agreement than we think been laboring over it since 1996, in ear- their pediatrician as their child’s gen- we are. I thank the Chair. nest with the efforts within both eral practitioner as well. It is about all

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.091 pfrm03 PsN: S19PT1 S6426 CONGRESSIONAL RECORD — SENATE June 19, 2001 of these and more—the kinds of issues Dr. Lee was called to the emergency passed such protections, including that are not just written somewhere in room one day about a year ago because Texas, specifically aimed to permit in- a headline but are lived with day in a patient—not his patient; it was some- jured patients to hold their health and day out, which are talked about one he had never seen before—a young plans accountable for their injuries. around the kitchen table, around the woman in her early thirties collapsed President Clinton signed an Execu- water cooler—the life-and-death issues at work. She was brought to the emer- tive order giving 85 million Americans that really make a vital difference to gency room. with federally sponsored health care, families all over New York and Amer- Dr. Lee did his neurosurgical anal- such as Medicare and Medicaid, protec- ica—families such as that of Susan ysis, did the tests that were necessary, tions similar to what we are trying to Nealy, from the Bronx, whose husband and discovered this young woman had a give to all Americans through a 1998 had a serious heart condition but very serious tumor that was pressing act. whose referral to a cardiologist was de- on vital parts of her brain and needed Even Federal courts, notably in the layed a month. The day before the ap- to be operated on. case of Andrews-Clarke v. Travelers In- pointment was finally scheduled, Mr. They found her husband, thankfully, surance, have urged the Congress to Nealy died of a massive heart attack, and they called the HMO that insured act. In that case, Judge William Young states: leaving behind his widow and two the family and asked for permission to young children, ages 5 and 3. perform the surgery right then. Dr. Lee Although the alleged conduct of Travelers and Greenspring in this case is extraor- It is like the family of the 15-year-old said it was, if not a matter of life and dinarily troubling, even more disturbing to boy from New York who developed death, a matter of paralysis and nor- the Court is the failure of Congress to amend complications from heart disease, but mal life, and they were denied. They a statute...that has come conspicuously his health plan refused to allow him to were told that because Dr. Lee was not awry from its original intent. see an out-of-network specialist famil- one of their network physicians, be- Yet because of our failure to enact iar with the case and instead sent the cause the Northern Westchester Hos- such a statute, at least 43 percent of all teenager to a network provider who did pital Center was not the hospital cen- Americans with employer-sponsored not see him for 4 months, and then the ter they preferred to use, he could not private coverage are still left out in boy’s lungs were filling with blood, and do the surgery. the cold. These Americans cannot af- 2 days later he collapsed in the street For 3 hours, Dr. Lee, his nurse, and ford to wait any longer. Forty percent and died. the hospital staff were engaged in an of Americans know that passing a law These are just two of the stories I argument with the HMO instead of per- today is even more urgent than it was could pick from my innumerable con- forming the lifesaving surgery. It 2 years ago, and a majority of them versations and letters that I have re- breaks one’s heart to think about this thought it was urgent then. ceived. There are so many more we neurosurgeon who could be saving lives Let’s work in a bipartisan way. This could tell. getting on the phone trying to get per- bill is bipartisan. Senator MCCAIN, Sen- For every one of these stories, there mission to do what he is trained to do. ator EDWARDS, and Senator KENNEDY are untold stories of families whose Finally, he was so fed up, he said: have all worked to get to this point. struggles for the care they needed were Look, this young woman’s life is at They have all made compromises. denied or delayed. According to patient stake. I will perform the surgery free of Their bill is the only bill before the reports, health plans delay needed care charge so long as you will cover the Senate that applies to all 190 million for 35,000 patients every day. In fact, hospitalization. With that deal struck, Americans with private health cov- delayed care and payment is a business the HMO let him proceed. erage. It is the only bill before the Sen- practice that health plans have per- I am very proud Dr. Lee is practicing ate that has all the protections of fected. medicine in my neck of the woods, but Medicare and Medicaid. It is the only I have heard from many doctors who I do not expect doctors and neuro- bill that has the support of over 500 tell me that each day a health plan surgeons to perform lifesaving heroic consumer and provider advocates. withholds payments represents lit- surgery for free. That is not the way Anybody who knows anything about erally thousands of dollars in interest the system is supposed to work. These some of these provider groups, such as that a health plan could earn. The are people who go to school for decades the American Medical Association, practice of delay is so widespread that to do this work, and they deserve the knows that Congress is not their pre- ferred venue. They are not keen on there is a term for it. It is called ‘‘liv- respect and compensation we should be having the Congress tell them to do or ing off the float.’’ Unfortunately, not putting into our health care system, not do anything, but doctors are so everyone who is subject to it actually not to satisfy HMOs but to pay for the frustrated that even the American ends up living. services of trained physicians and Medical Association has come time and Look, I don’t blame the accountants health care professionals. again asking that this bill be passed. and the bookkeepers. They are trying For the past 5 years patient advo- It is the only bill that guarantees to maximize their shareholders’ return, cates have worked on this bill, and we coverage for the routine costs of FDA- their profits. That is the business they have seen every delaying tactic one can approved clinical trials which are so are in. But this cannot go on. There imagine. I had a front seat to this when important to patients with cancer and have to be rules that say you must, re- I was down at the other end of Pennsyl- so important particularly to children gardless of your being in business and vania Avenue. We were working very with cancer. regardless of having to make quarterly hard to get this bill through the Con- This is the only bill that guarantees returns, put patients, doctors, and gress. Every excuse one can come up an internal and external review as soon nurses first. with was thrown in the way. It became as it is medically necessary. The physicians and nurses I speak so frustrating to all of us who knew In sum, this is the only bill before with are so frustrated about this. They that lives were at stake, care was being the Senate that protects patients, not are caught between the sharp conflict, denied and delayed; that passage of HMOs. between business practices that I per- needed protections was being derailed. Just as delaying tactics by managed sonally think are unscrupulous, but We come to this day. Luckily for us, care organizations have injured and nevertheless they are engaged in, and we are here not only because it is the even killed millions of Americans over the principles of the oaths that they right thing to do but because States time, delaying tactics by the opponents take to do no harm, to get the health and courts have realized they just can- of this bill have taken their toll. care to the patient when the patient not wait any longer. They have seen I want my colleagues to look at this needs it when it can do some good. firsthand what is going on in our coun- patient survey that is behind me. Each Life-or-death situations rarely wait for try. day, 35,000 patients have a specialty re- prior authorization. New York passed a State managed ferral delayed or denied; 18,000 every Last summer, I met Dr. Thomas Lee, care protection bill in 1996; they even day are forced to change medications a neurosurgeon at the Northern West- passed a law in 1998 to strengthen the as a result of their health plan’s deter- chester Hospital Center, just up the protections—all before the Congress minations—not their doctors but their road from where we live in Chappaqua. chose to act. Many more States have health plans.

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.093 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6427 When I say ‘‘health plans,’’ I mean would not stand for not getting the need. They don’t want a lawyer; they somebody sitting in an office, usually care their child needs. If they had a want a doctor; and they want the doc- hundreds of miles from where the pa- daughter who was suffering day after tor to take care of them according to tient or doctor is, second-guessing the day after day, and the doctors could the doctor’s best judgment. That is doctor, saying; I am sorry, your doctor not tell her what was wrong and they what doctors are telling us. They are may have 30, 40 years of practice and kept sending her home, I can guarantee not being permitted to do that. experience, but I am going to sit in this that those executives and those lobby- I appreciate my friend from Illinois office without ever having seen you ists would get some other source of raising that point because, as this de- and decide that I can second-guess care for their daughter. bate proceeds, you are going to hear a what kind of prescription medication But Mary is a school bus driver. She lot of arguments about why we just you should have. didn’t know where else to turn. Having cannot do this. You know, we just can- Forty-one thousand patients a day insurance was a pretty big deal. They not take care of Donna and her mother experience a worsening of their condi- didn’t know what else to do, other than Mary and all the other Donnas and tion because of actions by their HMOs. just keep going back, as Donna’s condi- Marys in our country. There will be all One can go through this list and see tion got worse and worse and worse. sorts of red herrings and all kinds of what patients are saying. Then one can Patients buy health insurance in arguments made that just do not hold look at another list that comes from order to feel assured that when they water. There is no basis in fact for surveys of doctors, those who are on seek care under the benefits for which them, but they sound good. Maybe they the front lines. They are saying they they have paid, that care will be avail- will scare some people. But we are believe their patients are confronting able and it will be available in time to tired of being scared and intimidated. serious declines in their health from be effective. Yet we know that that This is no longer just a political issue, plan abuse. This is the kind of informa- does not happen. In one State, the this goes to the very heart of who we tion that concerns me because when I State of New York, according to De- are as Americans. go to the doctor, I expect my doctor to partment of Insurance statistics, of the Are we going to take care of each take care of me. He or she has sworn an nearly 18,000 HMO decisions challenged other? Are we going to let doctors and oath, they have been well trained, and on appeal, over 10,000 were reversed. nurses practice their professions? Or I have checked them out. I feel like I This means that when patients can test are we going to turn our lives over to am putting myself in someone’s hands their HMO’s decision to deny needed HMO accountants and bookkeepers and whom I can trust, and doctors are say- care, over half the time the patients the like? ing they are not being permitted to are right. I am hoping we will not only proceed practice medicine. They are being told Yet, through a loophole in Federal to this bill, which deserves a full hear- they have to subject their decisions to law, there are too many consumers in ing, deserves a full debate, and deserves people they have never met nor seen. New York—over 2.25 million—who still a unanimous vote in this Chamber. I It is because of the desire of HMOs to are not protected against these incor- hope when we pass this, we will be slow down payment, to deny payment, rect and dangerous decisions. They sending a very clear message to all the to keep that float I talked about going, have no recourse. There is nothing mothers and fathers and family mem- basically to use the money they should they can do because we have not given bers that this will never happen again. be paying to doctors and hospitals for them a Patients’ Bill of Rights. They This beautiful young woman whose life taking care of us for their own pur- need a Federal law to give them the was cut short tragically would still be poses, for their own profits, for their parity and protection their neighbors with us today if that HMO had just bottom lines. and coworkers have. said: maybe we should let you go ahead In my office I keep a picture of a Mr. DURBIN. Will the Senator yield and have that test. young, beautiful woman named Donna for a question? I look forward to working with my Munnings. This is Donna. This is a Mrs. CLINTON. I am happy to yield. colleagues. This has been 5 years in the young woman who reminds me every Mr. DURBIN. I believe the Senator making. Let’s end the politics of delay single day when I look up at her pic- from New York was at a briefing this and move forward with the motion to ture in my office of what can happen morning where we discussed the experi- proceed. when the system does not respond until ence in the State of Texas. In 1997, a The PRESIDING OFFICER. The Sen- it is too late. Donna’s mother Mary is certain Governor of Texas, who has ator from Nevada. a school bus driver from Scottsville, now moved to Washington, had a Pa- (Disturbance in the visitors’ gallery.) NY. She has been lobbying and advo- tients’ Bill of Rights established in The PRESIDING OFFICER. The gal- cating for this bill for years. Her Texas. Maybe the Senator from New leries will cease making a display. Any daughter Donna died February 8, 1997, York can help me with these numbers, expressions of approval or disapproval after having visited her primary care but I believe in the 4-year period of are not permitted in the Senate gal- physician repeatedly, only to be told time that the State Patients’ Bill of lery. The Sergeant at Arms will en- that she had an upper respiratory in- Rights has been in effect in Texas, force it. fection and suffered from panic attacks there have been 1,300 appeals of deci- Mr. REID. Mr. President, I pro- and that no diagnostic tests were nec- sions by insurance companies and only pounded a unanimous consent request essary. Had the doctors performed a 17 lawsuits filed in 4 years. some time ago that the Senator from $750 lung scan in time, they would have So the argument that giving the peo- New York was to be recognized until seen not an upper respiratory infection ple the right to go to court will mean 4:15, the Senator from New Jersey from but a football-sized blood clot in her a flood of cases brought in court has 4:15 to 4:30. There is no one here on the lung. been disproven in the home State of other side. The Senator will proceed Her mother Mary said: the President. Does the Senator from until Republicans show up. In my subsequent research I found that New York recall that? The PRESIDING OFFICER. The Sen- HMOs can and do penalize doctors for order- Mrs. CLINTON. Indeed, the Senator ator from New Jersey is recognized. ing tests which HMOs feel are unnecessary. from New York does recall that. I ap- Mr. TORRICELLI. Mr. President, But all for the sake of money [all for the preciate the Senator from Illinois rais- this debate is symbolic in many ways. sake of a $750 test] we lost a vital, beautiful ing that because that, of course, is one It holds the prospect of ending a five- young lady who had only begun her life. of the objections the opponents are try- year effort to pass meaningful HMO re- We are going to hear a lot of debate. ing to throw up, that this bill will open form. In fact, we are debating whether we the floodgates for lawsuits. In Texas A Patients’ Bill of Rights that recog- can even proceed with this bill: Yet that has not happened. It has not hap- nizes, that while the move to HMO more delaying tactics, yet more efforts pened anywhere in the country where based health care may have started to obstruct the kind of care that every these protections have been afforded with the best of intentions, the results one of us needs. I can guarantee the under State law. have been less than spectacular. people out in that lobby and the people People are not rushing to the court- Beyond the prospect of finally enact- in the offices they represent, they house. They want the care that they ing HMO reform, this debate marks the

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.095 pfrm03 PsN: S19PT1 S6428 CONGRESSIONAL RECORD — SENATE June 19, 2001 beginning of the tenure of TOM For example, my state of New Jersey child with cancer, for example, would DASCHLE as majority leader. It is a tes- became a national health care reform have the right to see a pediatric tament to the priority that he and our leader with the passage of the Health oncologist whenever the care is needed. caucus have given to this issue, that it Care Quality Act in 1997. Today, many HMOs restrict physi- is the first legislation we have brought The law now prohibits gag clauses, cians from discussing all treatment op- to the floor. For too long this debate provides an independent health care tions with their patients and cut reim- has been one-sided and bottled-up by appeals program and requires that in- bursement rates for doctors who advo- partisanship. surers provide clear information on cate with the HMO on behalf of their I was hopeful that Majority Leader covered services and limitations. These patients. This bill will prohibit HMOs DASCHLE’s earlier commitment to a reforms, long sought by Democrats and from financially penalizing doctors full and fair debate on amendments consumers, were passed by a Repub- who provide the best quality care for would begin this debate on a positive lican legislature and signed by a Re- their patients. note. However, I am disappointed that publican governor. HMOs typically have the last word my colleagues on the other side have But no matter how many individual when they decide to deny a needed test, objected to the motion to proceed and states act, the reality is that an over- procedure or treatment. We will guar- that it potentially will be days before whelming number of Americans won’t antee medical decisions by HMO bu- we can begin the debate on amend- be protected because their state laws reaucrats will be subject to a swift in- ments. are exempt under ERISA. ternal review and a fair external review The Senate HELP Committee has Mr. President, 83 percent—124 mil- process. done a study and found that each day lion—of Americans who get their And when reckless medical decisions of delay on this issue has very real con- health care from their employer are made by HMOs injure or kill, they are sequences. Every day 41,000 patients ex- not covered by state laws, and 50 per- shielded from any responsibility. Now perience a worsening of their condi- cent of people enrolled in an HMO in we will finally ensure that all Ameri- tion, 35,000 patients have needed care New Jersey are exempt from State pro- cans will have the right to hold HMOs delayed, 10,000 patients are denied a di- tections. accountable in court. agnostic test or treatment, and 7,000 Originally designed to protect em- These protections will provide a new patients are denied a referral to spe- ployees from losing pension benefits sense of health care security but un- cialist. due to fraud, the Employee Retirement doubtedly over the next weeks we will As important as the education debate Security Act of 1974 has provided HMOs hear arguments that the price for these over the past month has been, no issue with immunity from state regulations protections will be higher cost and in- will touch more families than what we for their negligent behavior. So despite creases in the uninsured. But the CBO do on HMO reform. the progress in states like New Jersey, report on this legislation states that it Today, more than 90 percent of work- complaints about the quality of care by would increase premiums by only 4.2 ing Americans receive insurance from HMOs continue to rise. percent over 10 years, this will mean a their employer. Most do not have a A survey by Rutgers University and choice about the type of coverage. This little over $1 per month for the average the state Department of Health found means that many working families are employee. overall that one in four New Jerseyans There will be arguments that this is stuck with an HMO despite any con- enrolled in an HMO was dissatisfied cerns they may have with the quality unnecessary because HMO’s have re- with their health plan. Last October a of care they receive. There are over 160 sponded to criticisms and already pro- state report card found that patients in million Americans with HMO insur- vide these protections. If this were NJ were less satisfied with their HMO ance. truly the case, then costs should not Mr. President, 33 percent of the resi- care than the previous year. rise at all. dents of my state—2.3 million—are in The bipartisan legislation being They will also argue that with every an HMO. A vast majority of these brought to the floor this week, is sup- one percent increase in premiums, ap- Americans are in favor of and are de- ported by more than 500 doctor and pa- proximately 300,000 Americans lose manding fundamental change in the tient rights groups, and will finally ex- their health insurance coverage. But in way HMOs provide care. tend patient protections to all Ameri- 2000, when overall health insurance A poll by the Kaiser Family Founda- cans in an HMO. premiums increased 10 percent, the tion conducted just 60 days ago found This promises to be a long debate and number of uninsured actually dropped. that 85 percent of Americans want while I look forward to dealing with Mr. President, we will debate many comprehensive HMO reform. These many of the important details, I want issues in this Congress but none with Americans believe, as I do, that doc- to outline the fundamental principles more impact on more people than this. tors, not HMO accountants should be in we must address. I want to thank our new majority control of medical decisions. Under current practices, many HMOs leader, Senator DASCHLE, for bringing The reality is that HMOs are a prod- force a patient with a chronic condi- this to the floor so quickly and I look uct of the runaway health care infla- tion like heart disease to be treated by forward to its debate. tion of the 1970’s and 1980’s that drove only the family doctor. The Kennedy- The PRESIDING OFFICER. Under the ranks of the uninsured. Edwards bill will guarantee access to a the previous order, the time controlled It was hoped that by providing a pre- cardiologist or other needed specialist, by the majority has expired. determined list of doctors and medical even one outside his or her network. Mr. TORRICELLI. Thank you, Mr. coverage, the costs of medical care Currently, if your sick or suffer an President. could be contained and coverage pro- injury while traveling or on vacation The PRESIDING OFFICER. The Sen- vided to more people. But after three you must get prior approval from your ator from Tennessee. decades of cutting costs and services to HMO before going to the emergency Mr. FRIST. Mr. President, I rise to keep costs low, it is clear that HMOs room. Our plan will ensure that a pa- address the issue of a Patients’ Bill of have failed to strike the necessary bal- tient could go to the nearest emer- Rights. As a physician, and as one who ance. gency room without having to first get has participated very directly in this Today, we are faced with a situation permission from the HMO. debate over the past several years, I where medical decisionmaking is dis- Under current HMO policies, many am one who welcomes the opportunity proportionately in the hands of insur- women must obtain a referral from to have discussion on this important ance company bureaucrats. That is their primary care doctor before seeing issue over the coming hours and days why, from patients to doctors, there is an OB/GYN. This bill will guarantee ac- and over, I assume, the next couple of unanimity in making some common cess to an OB/GYN without a referral. weeks. sense reforms. HMOs often force a child with a We do have a unique opportunity, I While Washington has been paralyzed chronic, life threatening condition to believe, to pass a strong bill of rights by partisan gridlock, state legislatures seek approval from a primary care doc- for patients, an enforceable bill of have been debating and acting on this tor before seeing a specialist. The Ken- rights for patients, under the leader- issue for years. nedy-Edwards plan would ensure a ship of President George Bush as he

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.035 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6429 outlined in his principles last Feb- or injury—with strong internal and ex- Second, limitless lawsuits help law- ruary. ternal appeals with an independent yers, not patients. As the American people listen to us physician making that final decision, Third, turning state regulation of discuss this legislation this afternoon, and then, yes, at the end of the day, if health care on its head is a losing pros- tonight, and over the coming days, I there has been harm or injury—the ex- pect for consumers whose needs have hope they will understand broadly that ternal review system of the physician historically been better served by their we, as a body, whether it is Democrat says the plan made a mistake, sue the own state insurance commissioner. or Republican, will come together in HMO, but do not sue the employer. Sue While I would like to spend my time this session and pass a bill that I am the HMO and not the employer. today making a general statement very hopeful will be signed by the I see my colleague from Wyoming is about the need for a Patients’ Bill of President of the United States. I am with us today. I am going to yield my Rights, I plan to revisit in detail the confident that he will sign it if it is time and look forward to participating issues I just mentioned as the debate consistent with the principles that he either later tonight or tomorrow in moves ahead. outlined. this debate. During both the Floor debate and The bill that is going to be brought Just as an aside, I enjoyed very much earlier in the Health, Education, to the floor, the McCain-Edwards-Ken- working with the Senator from Wyo- Labor, and Pensions Committee consid- nedy bill, is a starting place. We can’t ming over the last several years as we eration of the Patients’ Bill of Rights, end there because, yes, it has the pa- have addressed this issue. Everybody I asserted strong positions on several tients’ protections and appeals process, has been so entrenched. At the same key components of the managed care external and internal, but at the same time, we have been studying this issue reform debate. I wish, once again, to time it opens floodgates to a new, mas- and working hard. He is one of our col- reiterate my support for adoption of a sive, repetitive wave of frivolous law- leagues who has invested a tremendous bill that protects consumers, improves suits which very quickly translate amount of time putting together a Pa- the system of health care delivery and down into increased costs and in- tients’ Bill of Rights that really meets shrinks the rolls of the uninsured. I creased charges. the balance of getting health care to will do everything I can to prevent in- Much of that money that is taken people when they need it rather than creasing the number of uninsured. out of the health care system goes into focusing on these frivolous lawsuits I believe that as we consider a bill as the pockets of trial lawyers. Increased which might potentially hurt the pa- important as the Patients’ Bill of costs translate very directly down to tient. Rights, we must never lose sight of our loss of insurance, as we talked about I yield the floor. shared goal of having a strong bill. The The PRESIDING OFFICER. The Sen- the uninsured that are increasing politics should be left at the door in ator from Wyoming. 900,000 to 1 million every year. our effort to emerge with the best pol- We absolutely must, as we address Mr. ENZI. Thank you, Mr. President. icy for patients. That was the commit- gag clauses, access to specialists, ad- I thank the Senator from Tennessee for ment the principals in the conference mission to emergency rooms, and clin- his comments. I thank him for the tre- made to the public more than a year ical trials, and as we look at patient mendous job he has done. He is the ago. protection, bring some sort of balance only doctor in the Senate. He has done to the system to make sure that if a tremendous job of educating us in all I really cannot go further without there is harm or injury—after exhaus- of the areas of a Patients’ Bill of commenting on that conference. I have tion of internal and external appeals Rights and medical care and has saved been told by my more senior colleagues processes—that compensation to that quite a few people along the way. We that Members have never logged as patient is full, if there has been injury really appreciate that. I particularly many hours in trying to thoroughly or if there has been damage. But we thank him for the education he has understand and work a bill as we did can’t allow exorbitant, out-of-control given me. last year. The effort was not in vain. lawsuits because they drain money out Mr. President. I rise today to join all We learned a tremendous amount of the system itself. It drives premiums of my colleagues in calling for a Pa- about the value of enacting a good Pa- up and punishes the working poor. tients’ Bill of Rights. The President tients’ Bill of Rights. We also learned They are the ones right now who are has clearly stated his desire to sign a that preserving access to quality having a hard time struggling to even bill into law, but has also been very health care is the most important pa- buy that insurance, even when it is in clear on what he won’t sign. I support tient protection we can provide to con- part covered by their employer. That is his goal of protecting Americans that sumers. why when we drive these premiums have been mistreated by their HMO, Together, Senators GREGG, FRIST, up—whether it is 1, 2, 3 or 4 percent for and I also support his goal of only en- GRAMM, JEFFORDS, and HUTCHINSON, every 1 percent—the increased cost acting a bill that will preserve access Chairman NICKLES, and I demonstrated drives those premiums up, and about to insurance for those that already every day our commitment to doing 300,000 people lose their health insur- have it, and increase access for those the right thing for patients. I offer a ance. Americans that are uninsured. The leg- special thanks to Senator NICKLES for When we get into the business of islative and political history on this being a patient gentleman as he led us mandating patient protection, those matter stretches back a ways. In fact, through this negotiation process. rights cost money. Somebody has to in three of the four-and-a-half years I I do think, as that process went on, pay that money in some way. It is the have been in the Senate, we have some saw the possibility that we would people. It is distributed throughout the passed a Patients’ Bill of Rights. I hope complete it. Most of us thought it premiums. When those premiums go to keep that streak going this year, would be completed. Some thought it up, some people can’t afford to buy only I hope what we pass finally gets was better as an issue than a solution them anymore, and they forego that signed into law to the benefit, not the and jumped out of the processes and insurance. detriment, of consumers. started bringing votes back here in this That is the sort of balance that we While there is a lot of consensus be- Chamber. We could have had this done need to at least be aware of as we are tween all parties on the need for a last year. on this floor debating. number of patient protections, a strong All of the bills we have ever consid- I look forward very much to partici- internal and external appeals process, a ered, including the bill before us today, pating in that debate as we go forward right to hold health plans accountable have offered a series of patient protec- on having this strong, enforcement pa- in certain instances, and an assurance tions to consumers—direct access to tient bill of rights, which has strong that all Americans be afforded such OB/GYN and pediatric providers, a ban access to emergency room, access to protections, there remains some dis- on gag clauses, a prudent layperson clinical trials, access to specialists, agreement on key issues. standard for emergency services, a and elimination of gag rules. If there is First, the appeals process should be point-of-service option, continuity of any sort of concern about whether or meaningful and required because it care, and access to specialists—that not benefit is given when there is harm gets people the right care, right away. would provide all consumers many of

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.098 pfrm03 PsN: S19PT1 S6430 CONGRESSIONAL RECORD — SENATE June 19, 2001 the same protections already being of- lished. Many employers and health strongly enough my objection to fered to State-regulated health plan plans already voluntarily refer dis- wrenching from States their authority participants. puted claims to an independent med- to regulate on these matters. This is a bill for managed care. There ical review. But when it comes to for- The only hard proof we have right are already State protections for mal Federal action pertaining to the now is that States are, by and large, State-regulated health plan partici- employer plans regulated solely by the good regulators, while the Federal Gov- pants. Department of Labor, we are just now ernment has done a lousy job regu- Additionally, health plans would be examining how to proceed. In other lating on behalf of its health care con- required to disclose extensive compara- words, it works at the State level; it sumers. The General Accounting Office tive information about coverage of has not worked at the Federal level. has been reporting that to us since we services and treatment options, net- Now we are considering a Federal solu- passed the Health Insurance Port- works of participating physicians and tion. ability and Accountability Act, other providers, and any cost-sharing Since its inception in 1974, this is the HIPAA, in 1996. And that is the con- responsibilities of the consumer. first major reform effort of ERISA, the sumer enforcement protection mecha- All of these new protections are Employee Retirement Income Security nism around which the bill is written. crowned by the establishment of a new, Act, as it pertains to the regulation of I know I am on the verge of sounding binding, independent external appeals group health plans. The focus of the like a broken record, but I would like process, the linchpin of any successful mission—regardless of politics—should to sketch out the effect of the bill’s consumer protection effort. be to protect patients. Protecting pa- scope, as it is currently drafted. It is While I still do not believe that suing tients means not only improving the done best with a story about Wyoming. health plans is the biggest concern of quality of care but expanding access to Wyoming, as I mentioned, has its own consumers, holding health plans ac- care and allowing consumers and pur- unique set of health care needs and countable for making medical deci- chasers the flexibility to acquire the concerns. Every State does. For exam- sions is a key component of a Patients’ care that best fits their needs. ple, despite our elevation, we do not Bill of Rights. This leads me to another concern I need the mandate regarding skin can- For the record, I believe the biggest have with the bill before us. It requires cer that Florida has on the books. concern of patients is getting the best States to forsake laws they have al- My favorite illustration of just how health care they can get, right when ready passed dealing with patient pro- crazy a nationalized system of health they need it most, not the ability to tections included in the bill if they are care mandates would be comes from sue. Most people I know value their not the same as the new Federal stand- my own time in the Wyoming Legisla- health over all else. Money does not ards. The technical language in the bill ture. It is about a mandate for which I buy happiness, but good health can reads ‘‘substantially equivalent,’’ voted and still support today. You see, make a nice downpayment. ‘‘does not prevent the application of,’’ unlike in Massachusetts or California, Our success will absolutely be meas- and under the process of certifying in Wyoming we have few health care ured by whether we get patients the these facts with the Secretary of providers, and their numbers virtually medical treatment they need right Health and Human Services, the State dry up as you head out of town. We can away. Everyone agrees that the essen- will have to prove that their laws are see every single town by driving out- tial mechanism is an independent, ex- ‘‘substantially equivalent and effective side of it. They do not run together ternal appeals process. The last thing patient protections.’’ anywhere. we should do is establish a system that The proponents of this language say So we passed an ‘‘any willing pro- would require patients to earn their it will not undo any existing State vider’’ law that requires health plans care through a lawsuit. It is for this laws that are essentially comparable. to contract with any provider in Wyo- very reason that the bill I will support But that is not what their bill requires. ming that is willing to do so. While securely places the responsibility for Instead, when I see the requirement of that idea may sound strange to my medical decisions in the hands of inde- ‘‘substantially equivalent,’’ I read that ears in any other context, it was the pendent medical reviewers whose if there is any difference, then they are right thing to do for Wyoming. I know standard of review is based on the best obviously not equivalent and do not it is not the right thing to do for Mas- available medical evidence and con- meet the test. What does ‘‘substantial’’ sachusetts or California. I wouldn’t sensus conclusions reached by medical mean? And how does it modify ‘‘equiva- dream of asking them to shoulder that experts. These decisions would be bind- lent’’ at the end of the day? These kind of a mandate for our sake, when ing on health plans. questions are not being answered. we can simply responsibly apply it One of the specific concerns that will Is it that the proponents aren’t over- within our borders. be directly addressed by the inde- ly concerned with the implementation What is even more alarming to me is pendent review process is that of the of the law versus being able to say that that Wyoming has opted not to enact ‘‘medical necessity or appropriateness’’ their bill meets the political test of health care laws that specifically re- of the care requested by the patient covering all Americans, regardless of late to HMOs because there are no and their physician. Consumers and existing meaningful protections that HMOs in the State, with one exception, health care providers have repeatedly State legislatures have enacted? If the which is very small and is operated by requested that there be a prohibition laws just have to be comparable, then a group of doctors who live in town. on health plans manipulating the defi- why don’t we use that phrase? They are not a nameless, faceless in- nition of ‘‘medical necessity’’ to deny I am very leery of one-size-fits-all surance company. Yet under the pro- patient care. I think all of the bills legislation. Every State has dif- posal the Democrats insist is best for have attempted to address this con- ferences, geographical differences, dif- everybody, the State of Wyoming cern. I do have concerns, however, ferences in the mix of people, dif- would have to enact and actively en- about how the bill before us goes be- ferences in distance, differences in cli- force at least 15 new laws to regulate a yond addressing this concern and obvi- mate, and, more particularly, dif- style of health insurance that doesn’t ates the health care contract alto- ferences that affect medical care. exist in the State. gether, eliminates the contract alto- In Wyoming we have few doctors, we What Wyoming does currently re- gether. Imagine trying to price the have few people, and we have lots of quire is that plans provide information contract if you do not know what the miles. We do not have competing hos- to patients about coverage, copays, and contract contains. That provision will pitals anywhere in the State. And we so on, much as we would in this bill; a have to be fixed in the final bill. have a need for doctors—I love this—we ban on gag clauses between doctors and The issue of ensuring that patients have a need for doctors, including vet- patients; and an internal appeals proc- receive medically necessary and appro- erinarians, in every single county. ess to dispute denied claims. I am hope- priate care they have been promised in I will get into this issue in more de- ful the State will soon enact an exter- their contract has been addressed by a tail as the debate proceeds. I do believe nal appeals process, too. number of States already through the we can strike a compromise on the This is a list of patient protections appeals processes they have estab- matter of scope, but I cannot state that a person in any kind of health

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.100 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6431 plan needs, which is why the State has Mr. REID. Mr. President, I see no of how HMOs have wrongly denied care to acted. But requiring Wyoming to enact others on the side of the minority so I patients in the past, this is an industry that a series of additional laws that don’t will proceed. needs some accountability. While the law- have any bearing on consumers in our The PRESIDING OFFICER. Without suit provision is essential if a patient’s bill of rights is to carry any weight, few patients State is an unbelievable waste of a cit- objection, it is so ordered. would ever want to pursue this option. What izen legislature’s time and resources. Mr. REID. Mr. President, Las Vegas they want is immediate care. The Demo- Let me explain a citizen legislature. has two daily newspapers. One is the cratic plan tries to ward off people from In Wyoming, they meet for 20 days one Las Vegas Daily Journal; The other is heading to court, requiring patients to first year and 40 days the next year. They do the Las Vegas Sun. I was very im- go to an independent review panel before no special sessions. If you are only em- pressed with the editorial in the Las seeking relief through the courts. ployed as a legislator—and I use that Vegas Sun newspaper yesterday. The If there is a glimmer of hope it is that term loosely on being employed be- Bush has softened some of his earlier hard- newspaper is a relatively new news- line positions on the environment after hear- cause they hardly get paid anything— paper by American standards. It is 40, ing quite a bit of criticism. In the same vein, for 20 days one year and 40 days the 50 years old. It was started by an entre- the president should listen to reason and en- next year, you have to have a bona fide preneur by the name of Hank dorse a patient’s bill of rights that requires job. You have to have real work in the Greenspun who was a real pioneer in HMOs to finally be held accountable for their real world. And they do. So they meet Las Vegas. He developed a newspaper actions. for 20 days one year—and incidentally, that was feisty. It was a newspaper Mr. President, that is an editorial the 20 days is the year that they do the that took on Senator McCarthy before from a Las Vegas newspaper. It is sim- budget work, and they make it balance it was fashionable to do so. He took on ple. It is direct. It is to the point. It is every time—20 days one year and 40 the gaming interests when it was a what this debate is all about. If, as I days the next. You have to live the rest very small newspaper and won an anti- have heard today, the minority thinks of the year under the laws that you trust suit against them for their failing the bill has some things that they passed, which gives you a different per- to advertise and they, in fact, boy- don’t like, don’t understand, wish spective on laws than perhaps in States cotted his newspaper. weren’t there, let’s debate this bill. where the legislature meets for longer So I give this background to indicate Let’s not hide behind some procedural periods of time and definitely a dif- it is a great newspaper. It was. It still gimmick that prevents us from bring- ferent perspective than we have in this is. ing this matter to the fore for the body. That is a citizen legislature. The editorial they wrote yesterday American people. Speaking of limited resources, I can be paraphrased but not very well. The people of Minnesota, the State would be remiss if I didn’t touch once It is a short editorial. I will read the the Presiding Officer represents, the more on our most important charge in editorial into the RECORD. It is entitled people of New Jersey, the junior Sen- the debate; that is, to preserve Ameri- ‘‘Patient rights get some life.’’ ator from New Jersey being on the cans’ access to health insurance. If we The subtitles say: floor, the people of the State of Nevada make it too difficult for employers to The Senate is expected to take up this and the rest of the country need this voluntarily provide health care to their week a patient’s bill of rights. legislation. This is about patient pro- employees, then it should come as no They have under that: tection. It is about having a doctor surprise to any of us that they will Our take: It is unfortunate that so far take care of a patient, something we simply stop volunteering to do so. In- President Bush opposes the Democratic plan, used to take for granted—that if a doc- surance for most businesses is a volun- which also is favored by some Republicans, tor thought a patient needed some- teer effort. I won’t support a bill that that finally would make HMOs accountable. thing, the doctor ordered it for the pa- denies people access to health care. If The editorial begins as follows: tient. They can’t do that anymore. my colleagues don’t believe me now, [From the Las Vegas Daily Journal, June 18, That is too bad. they can bet their constituents will 2001] Patient care has been hindered, come calling when they lose their in- President Bush’s campaign pledge to be ‘‘a harmed, and damaged. What we want surance or have it priced forever be- uniter, not a divider’’ has been a bust in the to do with the Patients’ Bill of Rights yond their reach. early going of this administration. The is reestablish the ability of a doctor Sometimes changes we make in the White House’s embracing of extraordinarily and a nurse to take care of my daugh- Senate drive up the cost, as the Sen- conservative views, which are far removed ter, my sons, my wife, my children, my ator from Tennessee was explaining from the mainstream, have given the presi- neighbors. Anyone who needs a doc- earlier. For every 1 percent that costs dent some real problems in living up to his tor’s care should be able to have the go up, 300,000 people in this country conciliatory vow, especially on environ- doctor’s care. I don’t want a doctor lose their insurance. mental issues. Now Bush will soon face an- I will make a promise to my own con- other test of his ability to bring warring doing my taxes. I also don’t want an stituents right now that I will work sides together on another divisive matter: a accountant doing my medical care. patient’s bill of rights. That is what we have in America, in hard to enact a Patients’ Bill of The Senate, which recently came under Rights. I will fight any measure that many instances, and it is wrong. This Democratic control, plans this week to take legislation that we are trying to bring threatens their access to health care. I up a patient’s bill of rights, which for years will reserve further remarks until we has been stymied by Senate Republican lead- up—and we will get to it; it is just a delve into the process of considering ers. It’s not just Democrats supporting the question of when—is supported by the different provisions of the bill. plan, notable Republicans such as John many organizations. I will soon read I, again, extend the hand of com- McCain also back the bill. It also is impor- into the RECORD the entities that sup- promise and the offer to all of my col- tant that last week Rep. Charlie Norwood, port this legislation. Virtually every leagues that we rally around our com- R–Ga., signed on to a similar Democratic health care entity in America, every measure in the House. Norwood for years had mon position on many of the patient consumer group, every doctor group, championed a patient’s bill of rights, but he including the American Medical Asso- protections and forge ahead on the rest had held off his support this year in def- of the bill towards an end that has an erence to the White House, which said it ciation and, surprisingly, because I eye on what is best for the patients. wanted to work out a compromise. But even have never known them to agree on This bill is about them. If someone else Norwood’s loyalty wore thin, finally causing anything, the AMA and the American is benefiting from a provision, then I him to break company with Bush on this Trial Lawyers agree this legislation is would suggest that our drafting is not issue. The president, who has threatened to necessary. quite done. There are some of those veto a patient’s bill of rights that allows Who opposes it? The people providing provisions. lawsuits in state courts against HMOs, just the care, the managed care entities do I look forward to my continued role wouldn’t budget on this key provision. not support this legislation. They are The patient’s bill of rights isn’t that com- the ones paying for the millions of dol- in the process. I thank the Chair and plicated: It’s all about accountability. Cur- reserve the remainder of any time we rently, health insurance companies are the lars worth of ads on television trying have. only businesses in the nation that are im- to confuse and frighten the American The PRESIDING OFFICER. The Sen- mune to lawsuits if they harm someone. No people—just as they did with the ator from Nevada. one else gets such special treatment. In light health care plan in 1993. They spent

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.103 pfrm03 PsN: S19PT1 S6432 CONGRESSIONAL RECORD — SENATE June 19, 2001 $100 million or more in advertising to Health and Disability; American Association Mr. President, I suggest the absence frighten and confuse the American peo- on Mental Retardation; American Board of of a quorum. Examiners in Clinical Social Work; Amer- ple. I have to hand it to them; they did The PRESIDING OFFICER. The a great job. They did frighten the ican Board of Examiners in Social Work; American Cancer Society; American Chil- clerk will call the roll. American people. We are not going to dren’s Home in Lexington, NC. let them do that. The assistant legislative clerk pro- American Chiropractic Association; Amer- ceeded to call the roll. We are going to complete this legis- ican College of Cardiology; American College lation. We are going to complete this of Gastroenterology; American College of Mr. CORZINE. Mr. President, I ask legislation very soon. What is very Legal medicine; American College of Nurse unanimous consent that the order for soon? By next Thursday, a week from Midwives; American College of Obstetricians the quorum call be rescinded. this Thursday, and then if we finish it and Gynecologists; American College of Os- The PRESIDING OFFICER (Mr. by that date, we are going to do our teopathic Emergency Physicians; American College of Osteopathic Family Physicians; REID). Without objection, it is so or- Fourth of July recess. If we do not American College of Osteopathic Pediatri- dered. complete our legislation by a week cians; American College of Osteopathic Sur- Mr. CORZINE. Mr. President, I am from Thursday, we are going to work geons; American of Physicians—American honored to rise today, particularly here, according to the majority leader, Society of Internal Medicine; American Col- with the Presiding Officer who is in the TOM DASCHLE, until we finish it. We are lege of Surgeons. American Congress of Community Sup- Chair, to support a motion to proceed going to work Friday, Saturday, and to S. 1052, the Bipartisan Patients’ Bill we are going to work Sunday; the only ports and Employment Services; American Council on the Blind; American Counseling of Rights. day we are going to take off is July 4. Association; American Dental Association; I commend Senators MCCAIN, ED- Mr. President, this legislation is American Family Foundation; American WARDS, and KENNEDY for the tremen- overdue. It is important, and we are Federation of Teachers; American Founda- going to pass this legislation before we tion for the Blind; American Gastro- dous effort they put in to develop a go back to be in parades for the Fourth enterological Association; American Group strong, enforceable, and bipartisan bill of July. Psychotherapy Association; American Head- with the support of over 500 consumer I suggest the absence of a quorum. ache Society; American Health Quality Asso- provider and health care groups, as the The PRESIDING OFFICER. The ciation; American Heart Association. Presiding Officer just demonstrated to American Lung Association; American us with the A’s. clerk will call the roll. Medical Association; American Medical Re- The assistant legislative clerk pro- habilitation Providers Association; Amer- More importantly, I commend the ceeded to call the roll. ican Medical Student Association; American American people because the American Mr. REID. Mr. President, I ask unan- Medical Women’s Association, Inc.; Amer- people know what makes common imous consent that the order for the ican Mental Health Counselors Association; sense with regard to the need to pro- quorum call be rescinded. American Music Therapy Association; Amer- vide everyone quality health care that The PRESIDING OFFICER (Mr. ican Network of Community Options and Re- puts the relationship between the doc- sources; American Nurses Association; CORZINE). Without objection, it is so or- tor, the nurse, and the patient first. American Occupational Therapy Associa- dered. tion; American Optometric Association; Over the last 30 years, managed care Mr. REID. Mr. President, we have American Orthopsychiatric Association. organizations have come to dominate heard utterances in this Chamber American Osteopathic Association; Amer- our health care system. These organi- today about the Patients’ Bill of ican Pain Society; American Pharmaceutical zations both pay for and make deci- Rights by Senator JOHN MCCAIN that Association; American Physical Therapy As- sions about medical care, often pre- we have a lot of groups that support sociation; American Podiatric Medical Asso- empting the fundamental relationship ciation; American Psychiatric Association; this legislation. I don’t have a total be- in the health care equation between cause it is growing every day. I am American Psychiatric Nurses Association; American Psychoanalytic Association; doctor and patient. going to read into the RECORD a partial American Psychological Association; Amer- However, unlike doctors, nurses, or list of those entities and organizations ican Public Health Association; American almost anybody in our society, HMOs, that support the Patients’ Bill of Small Business Association; American Soci- managed care institutions, are not held Rights, the legislation before this ety of Cataract & Refractory Surgery. accountable for their medical decisions body: American Society of Clinical Pathologists; and treatment decisions. Abbott House of Irvington, NY; Abbott American Society of Gastrointestinal Endos- House, Inc. in SD; AIDS Action; Alliance for copy; American Society of General Surgeons; We just spent 8 weeks in the Senate Children and Families; Alliance for Families American Society of Internal Medicine; talking about education and account- & Children; Alpha 1 Association; Alternative American Society of Nuclear Cardiology; ability. We need to talk about account- Services, Inc.; American Academy of Child American Speech-Language-Hearing Asso- ability within the context of the pa- ciation; American Therapeutic Recreation and Adolescent Psychiatry; American Acad- tient-doctor relationship, and that is emy of Dermatology; American Academy of Association; American Urogynecologic Asso- ciation; American Urological Association; what this debate will be all about if we Emergency Medicine; American Academy of can ever get to the bill. Facial Plastic and Reconstructive Surgery; American Urological Society; Americans for American Academy of Family Physicians. Democratic Action; Anxiety Disorders Asso- Unfortunately, in the case of some American Academy of Neurology; Amer- ciation of America. HMOs, they have sometimes skimped ican Academy of Ophthalmology; American Association for Ambulatory Behavioral on care that undermines the health of Healthcare; Association for Education and Academy of Otolaryngology; American Acad- our patients, the health of the Amer- emy of Pain Medicine; American Academy of Rehabilitation of the Blind and Visually Im- paired; Association for the Advancement of ican people for the preemption and Pediatrics; American Academy of Physical benefit of the bottom line, and, in fact, Medicine and Rehabilitation; American As- Psychology; Association of Academic Psy- sociation for Geriatric Psychiatry; American chiatrists; Association of Academy it is all about protecting the bottom Association for Marriage and Family Ther- Physiatrists; Association of Community line. Cancer Centers; Association of Persons in apy; American Association for Psychosocial That is why this legislation is abso- Rehabilitation; American Association for Supported Employment; Association of Women’s Health, Obstetric and Neonatal lutely critical. The McCain-Edwards- the Study of Liver Diseases; American Asso- Kennedy bill will ensure at long last ciation of Children’s Residential Centers; Nurses; Assurance Home in Roswell, NM; and American Association of Neurological Sur- Auberle of McKeesport, PA. that managed care companies are held geons. Those are the A’s. I have completed accountable for their actions. Just as American Association of Nurse Anes- the groups beginning with the letter A. in all of industry—every doctor and, thetists; American Association of Pastoral I will come back later and start with frankly, every individual in America— Counselors; American Association of People the B’s and go through the hundreds of everyone is held accountable. with Disabilities; American Association of groups that support this legislation. We cannot afford to wait any longer Private Practice Psychiatrists; American Association of University Affiliated Pro- The overwhelming number of American before passing legislation to curb in- grams for Person with Developmental Dis- people support this legislation, as ref- surance company, managed care abilities; American Association of Univer- erenced by those organizations that abuses. According to physician reports, sity Women; American Association on begin with the letter A. every single day we delay passage of

VerDate 19-JUN-2001 01:54 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.105 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6433 this legislation, 14,000 doctors see pa- Patients will have access to an emer- leave or minimum wage or a whole se- tients whose health has seriously de- gency room, any emergency room, ries of things, people are just trying to clined because an insurance plan re- when and where they need it. scare folks into believing that taking fused to provide coverage for a pre- Women will have easy access to OB/ action that is going to help the people scription drug; 10,000 physicians see pa- GYN services without unnecessary bar- of America is somehow going to result tients whose health has seriously de- riers. in very negative results that ought to clined because an insurance plan did Children will have direct access to keep us from doing this and moving not approve a diagnostic test or proce- pediatricians and, most importantly, forward. It is just a bad argument. dure; 7,000 physicians see patients pediatric specialists. They are scare tactics at their worst. whose health has seriously declined be- Patients can participate in poten- In sum, I believe health decisions cause an insurance plan did not ap- tially lifesaving clinical trials. This is should be made based on what is best prove a referral to a medical specialist; a critical protection for patients with for the patient. We need to assure the 6,000 physicians see patients whose Alzheimer’s, cancers, or other diseases American people that the practice of health has seriously declined because for which there are no sure cures. medicine is in the hands of the doctors. an insurance plan did not approve an Fourth, the legislation protects the We trust them with our lives. We overnight hospital stay. Think about crucial provider-patient relationship— should trust them to decide what care that. That is 35,000 folks a day who are doctor-patient, nurse-patient. we need. I urge my colleagues to agree left with diminished and substandard It contains antigag rule protections to take up the bipartisan McCain-Ed- care because we do not have the right ensuring health plans cannot prevent wards-Kennedy Patients’ Bill of relationship between doctors and pa- doctors and nurses from discussing all Rights. I see one of the authors now. I tients in place with the interference of treatment options with their patients. congratulate him and the other spon- bureaucrats at insurance companies It sounds like common sense, and it sors for moving an important part of and HMOs. limits improper incentive arrange- what needs to be done to make Amer- This legislation has all the key com- ments by the insurance industry. ica’s health care more secure for every- ponents that Americans have de- Finally, this legislation makes sure one. manded to respond to these problems. that the rights we seek to guarantee The PRESIDING OFFICER. The Sen- It contains strong, comprehensive pa- are enforceable. Yes, this legislation ator from North Carolina. tient protections. allows individuals harmed by an HMO Mr. EDWARDS. Mr. President, let me It creates a uniform floor of protec- to sue their HMO. This is a critical pro- first thank my colleague from New Jer- tions for all Americans with private vision because, let’s face it, a right sey for his passionate support for this health insurance, regardless of whether without a remedy is no right at all. important piece of legislation, the Pa- something has been done in the States. Again, that fundamental account- tients’ Bill of Rights. I want to talk It provides a right to a speedy and ability issue we have been talking about several subjects briefly, if I may. genuinely independent external review about, whether it is with regard to edu- First, some people have argued, in process when care is denied. It is not cation, we also ought to be talking the press, the media, and on the floor guaranteeing a lawsuit, it is guaran- about it with health care. of the Senate during this debate today, teeing a speedy independent external No matter what health care treat- that the only difference between the review. ment protections are passed into law, McCain-Edwards-Kennedy Patients’ Finally, it provides consumers with unless patients can enforce their Bill of Rights, the Patients Protection the ability to hold managed care plans rights, the HMO is free to ignore those Act, and the bill that has been pro- accountable when plan decisions to requests. Health insurers must under- posed by Senator FRIST and others, is withhold or limit care result in injury stand that unless they deliver high- on the issue of accountability, taking or death, harm and pain to the patient. I wish to speak briefly about a few of quality health care that protects the HMOs to court. There are multiple differences be- the most important provisions in this rights of patients, they can and will be bill, but this is all about common held accountable. tween these bills. There are differences sense. I wish to address for a moment the in how you determine whether a State First, this bill protects all Americans argument that this legislation will lead can opt out of the protections covered in all health plans. If we are serious to more uninsured Americans. by the Patient Protection Act, i.e., about providing consumers with pro- There is perhaps no issue about how much coverage there is, how many tections, we must be serious about cov- which I am more passionate than the people are covered by the bill. ering all Americans. The McCain-Ed- uninsured, about 44 million in America. There are differences in access to wards-Kennedy bill does just that. No I believe health care is a basic right, specialists outside the plan. Our bill person is left without rights because and neither the Government nor the specifically provides you can have ac- they live in a State with weaker pro- private sector is doing enough to se- cess to a specialist. If a child needs to tections. cure that right for everyone. I hope one see a pediatric oncologist, a child with Second, the legislation ensures a day we will have that debate. But let cancer, the child has a right to do that. swift, internal review process is fol- me be clear; if I believed this bill would Under their bill, the HMO is in charge lowed and a fair and independent exter- increase the number of uninsured—I of that decision. Under our bill, there nal appeals process if it is necessary. believe a number of Senators believe is a true independent review by the This will guarantee that health care the same—we would not support this. independent review panel. If a claim providers, not health plans, will con- Let me also point out the hundreds of has been denied by an HMO, that ques- trol basic medical decisions. It does health care and consumer groups that tion has been appealed within the not guarantee a lawsuit; it provides a support this legislation are also the HMO, and then if that was unsatisfac- process for a legitimate review of a pa- very groups that are working the hard- tory, the next appeal is to an inde- tient’s claims. est to expand coverage for the unin- pendent review panel. Our bill specifi- Third, the legislation guarantees ac- sured. They also would not support this cally provides that panel must in fact cess to necessary care. Patients should legislation if they believed it would re- be independent. The HMO can’t have not have to fight their health plan at sult in more uninsured. That issue is anything to do with choosing them. the same time they are fighting an ill- nothing but a diversion, a red herring, Neither can the patient or the physi- ness. That is why the legislation guar- a scare tactic, because the CBO itself cian involved in the care. antees access to necessary specialists, has said this legislation would only in- Unfortunately, the Frist bill does not even if it means going out of a plan’s crease premiums by 4.2 percent over a provide the HMO cannot have control provider network. It seems pretty sim- 10-year period. over that panel, which means the HMO ple we ought to get to the right doctor This legislation will not result in essentially can have control. It is like for the disease that is diagnosed. higher numbers of uninsured. It will re- picking their own judge and jury in a Chronically ill patients will receive sult in better quality for patients. I case involving somebody’s health, the speciality care they need with this heard Senator KENNEDY today saying, health care that could affect the fam- bill. whether it was about family medical ily.

VerDate 19-JUN-2001 01:54 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.108 pfrm03 PsN: S19PT1 S6434 CONGRESSIONAL RECORD — SENATE June 19, 2001 The bottom line is, from start to fin- dividual who is listening to this debate. never met him and with no medical ex- ish, whether it is coverage, access to All the rest of us are responsible for pertise said: We are not paying for this. specialists, access to a true inde- what we do. We are held accountable, We don’t think he needs it. They lit- pendent review, if, as a matter of last and we are responsible. The HMOs are erally cut off his oxygen. resort a case has to go to court, having virtually the only entity in America What was Steve Grissom going to do? that resolved quickly and efficiently or that can deny care to a child and the He was like every family, every child, having it dragged out over years and family can do nothing about it. They and every patient in America with an years and years in a Federal court—on cannot question it; they cannot chal- HMO that makes a decision. He every single issue of difference, there is lenge it; they cannot appeal it; and couldn’t do anything about it. He a simple thing. Our bill protects pa- they cannot take the HMO to court be- couldn’t challenge it. He couldn’t ap- tients. Our bill is on the side of fami- cause the HMOs are privileged citizens peal it. He couldn’t take them to court. lies and doctors. Their bill is slanted to in this country. He was absolutely helpless. the HMOs. I have to ask, if you were to send out That is what this legislation is So it is not an accident that the a questionnaire to the American people about. It is about giving Steve American Medical Association and and say: Here are 10 groups of Ameri- Grissom—when the HMO says we are over 300 health care groups—virtually cans—physicians, doctors, patients— not giving you your oxygen that your every health care group in America— and on that list were HMOs, and you specialist says you need—the ability to support our bill. It is not an accident said, on this list, whom would you do something about it. It is about al- that the majority of the Senate sup- want to protect from any account- lowing him to go to an appeal, and ports our bill. It is not an accident that ability, from ever being able to be most importantly to a truly inde- the majority of the House of Rep- taken to court, to be treated as privi- pendent review panel of doctors who, in resentatives supports our bill. All these leged citizens, I suggest the likelihood every single case such as Steve’s, will organizations that deal with these that the HMOs would end up at the top reverse the decision. issues every day—I am not talking of that list is almost nonexistent. When his heart specialist at Duke about Members of the Senate, I am What we have is an anachronism. We University Medical Center says you talking about doctors who practice have a law that was passed in 1974, be- need this oxygen 24 hours a day, and medicine every day, who deal with fore the advent of managed care, before you put that question to a panel of problems with HMOs, I am talking HMOs were making health care deci- three doctors, what do you think the about patients groups who hear these sions. Then after the passage of this result is going to be? They are going to horror stories regularly about HMOs, law, with the passage of these protec- order that the HMO pay for the oxygen who have analyzed this legislation, tions that gave managed care compa- that Steve needs. looked at it word by word by word from nies privileged status, they started That is what this debate is about. start to finish and have come to a sim- making health care decisions. There are real differences between ple conclusion: Our bill is a true pa- We have a situation that needs to be our bill and the Frist bill. tient protection act. Their bill is an corrected. All this is about is treating For example, when Steve’s care was HMO protection act. Our bill protects HMOs as every other entity and indi- denied, we go to a panel that the HMO patients, doctors and families. Their vidual in America. We want them to be can have no control over; that a truly bill, instead of being a Patients’ Bill of like all the rest of us. It is just that independent patient can’t have any- Rights, is a patient’s bill of suggestions simple. They are not entitled to be thing to do with; that Steve couldn’t because the rights contained therein treated better than the rest of us. But, have any connection with; and that the are not enforceable. surprise, surprise; they don’t like it. HMO can’t have any connection with. To the extent there is an argument They are being dragged, kicking and It is objective and fair. made during the course of this debate screaming every step of the way, and Unfortunately, under the Frist bill that there are no differences, there are they are spending millions and mil- the HMO could choose the people on differences. There are important dif- lions of dollars on television ads, on the review panel. There is absolutely ferences. From the beginning to the public relations campaigns to defeat nothing to prohibit that. Steve will be end of this bill, there are important our bill. Why? They like being privi- making his case to a judge and jury differences. The best evidence of those leged. They like being treated like no- picked by the HMO. differences is the fact that the Amer- body else in America is treated. They That is an important difference be- ican Medical Association and doctors like the fact that they can decide tween our bill and this bill. and health care providers and nurses something and nobody can do anything The bottom line is that what we are groups all over America support our about it. Why wouldn’t they like it? about is trying to empower patients bill. They know what the problems are. Why wouldn’t they want to keep things and empower doctors to make health They want to be able, along with fami- exactly as they are? care decisions; have people who are lies, to make health care decisions. That is what this debate is about. Ul- trained and experienced to make those They want these decisions made by timately, we are going to have to de- decisions and the people who are im- health care providers and families and cide on the floor of the Senate and at pacted by them. That is what this leg- not by some bureaucrat or clerk with the end of Pennsylvania Avenue, hope- islation is about. no training and experience, sitting be- fully, if we can get this bill through To the extent that people suggest hind a desk somewhere, who has never the Senate and the House, whether we this is going to result, No. 1, in em- seen the patient. That is the difference are on the side of the big HMOs or ployers being sued, we will debate this between these two pieces of legislation. whether we are on the side of patients issue going forward. But it is very clear As to the issue of accountability, and doctors. in our legislation that we protect em- that means what happens if you have Earlier today I made reference to a ployers. It is equally clear that we gone through the internal appeal at the story of a man in North Carolina abide completely by the President’s HMO. The HMO denies care to a family. named Steven Grissom. He was a young principle on this issue. The President You go to the HMO and you attempt to man who developed leukemia. He be- said only employers who retain respon- appeal that. They deny it again. Then came sicker and sicker. He got to the sibility for and make final medical de- you go to a truly external independent point where his specialist at Duke Uni- cisions should be subject to suit. appeal, under our bill, and that is not versity Medical Center had to put him That is exactly what our bill does. successful. As a matter of last resort, on 24-hour-a-day oxygen. Our bill does exactly what the Presi- if, after all of that, the patient has This is Steve Grissom, the man I re- dent’s principle provides. On this issue been injured, the patient can go to ferred to earlier. of employers being protected from law- court. His wife’s employer HMO covered suits, we are in complete agreement The whole purpose of that is to treat Steve Grissom. Unfortunately, his with the White House. HMOs as every other health care pro- wife’s employer changed HMOs. Some As to the cost issue, the difference in vider, as every small business, as every clerk sitting behind a desk somewhere cost between our bill and Senator large business in America, as every in- who had never seen Steven and had FRIST’s bill—the bill that the White

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.112 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6435 House has endorsed—is 37 cents per em- going to see their rates reduced effec- have addressed the problem our friend, ployee per month. This is what they tive July 1. I think that is positive. the Senator from North Carolina, just contend is going to result in a massive That is a positive impact bill. This is a addressed. loss of insurance coverage, 37 cents a bill that will have a significant impact He said an individual, Steve Grissom, month. The difference between the on everybody who has health care. was denied health care. That was un- bills on taking the HMO to court—the A lot of people have health insur- fortunate. The bill we passed last year accountability provision—is 12 cents a ance. Then some people have health had internal-external appeals. That ex- month. Between 12 and 37 cents a care. There is a difference. A lot of peo- ternal appeal would have been quick. month is not going to cause people not ple are uninsured. That person would have had health to be insured. When we wrestle with the problem of care and would not have had to go to More importantly, we will give peo- health care, we need to address the court and would not have had to choose ple a better price. We give them real number of people who are uninsured, between State court and Federal court, quality health care. The reason that it and we need to reduce that number. By seen trial attorneys—would not have is 37 cents a month more for employees all means, we shouldn’t pass any legis- had to do any of that. They would have is because they get better care. They lation that is going to increase the had health care. They would have had get better access to clinical trials, bet- number of uninsured. an appeals process, and that appeals ter access to specialists, and better ac- Everybody realizes when we have process would have been binding. cess to emergency rooms. When the 42,500,000 uninsured people, that is too Somebody said: We need account- HMO does something wrong, they can many. I think Democrats and Repub- ability. We need enforceability. get that decision reversed by the inde- licans, conservatives and liberals, We had it binding where, if the plan pendent review panel. agree with that. We ought to be work- did not comply with the external ap- That is what this debate is about. ing to reduce the number of uninsured peal, they would be fined $10,000 a day. We have a decision to make over the as much as we possibly can. We prob- So I think in that case—and that is a course of the next few weeks. I hope for ably will never get it down to zero, but terrible case, where maybe somebody, unfortunately, was denied care—they the sake of the Steve Grissoms all over we ought to make some improvement. would have gotten the care; and they this country—many of whose stories But for crying out loud, let’s not pass would have gotten it quickly; and they have been told today and will continue legislation that will increase the num- would not have gone to court. They to be told on behalf of these families— ber of uninsured. would not have received the care in the that we will do what is necessary to Unfortunately, I believe that is what courtroom but would have received it make sure that HMOs and insurance would happen if we passed this so- by doctors. I agree. Let’s solve that companies in this country are treated called McCain-Edwards-Kennedy bill. I believe if we pass this bill in its problem. just as everybody else, and that fami- We were very close to an agreement present form, we are going to increase lies and doctors can make health care on internal-external appeals to resolve the number of uninsured, probably in decisions that affect their lives. 99 percent of these cases. That is not the millions. I wish that were not the I yield the floor. the case with the bill we have before case. I hope by the time we finish the Mr. NICKLES. Mr. President I sug- us. In the bill we have before us, I debate and amendment procedure in gest the absence of a quorum. would say, for the 128 million private- this Senate Chamber that will not be The PRESIDING OFFICER (Mr. sector Americans who are in private CORZINE). The clerk will call the roll. the case. I very much hope President health care, who receive their health The bill clerk proceeded to call the Bush can join with us and sign a bill care from their employer, look out, be- roll. and we can be shaking hands. I have cause there is legislation coming, with Mr. NICKLES. Mr. President, I ask mentioned this to Senator KENNEDY— a very good name, that makes the em- unanimous consent that the order for we have been adversaries on this issue ployer liable in almost all cases, not the quorum call be rescinded. for a couple years now—I hope we can just the HMOs, and it makes them lia- The PRESIDING OFFICER. Without be shaking hands and saying we have ble to the extent that a lot of employ- objection, it is so ordered. done a good job; we have protected pa- ers are going to be scared to offer their Mr. NICKLES. Mr. President, I rise tients, and we did it in a way that did employees health care. Some may opt to speak on the issue of the Patients’ not really increase costs very much, out. Bill of Rights. I love the title. It is a and maybe we did some things that In addition, it will increase costs so great title. I hope we can pass a posi- would increase the number of insured significantly that a whole lot of people tive and good Patients’ Bill of Rights— in the process, so that we did not do are going to say: Wait a minute, these one that really provides patient protec- any damage. costs are so high, I can’t afford it. My tions but doesn’t increase costs and We should do no harm. Congress employees didn’t appreciate how much doesn’t scare employers away. would be much better off not to pass money we were spending on health Unfortunately, I don’t think that is any bill than to pass a bill that greatly care. So I asked them, instead of me the case with the bill we are consid- increased the cost to people buying spending $5,000 or $6,000 a year per fam- ering today, S. 1052. health care and/or increasing the num- ily on health care—up to $7,000 now— I haven’t quite figured it out. Last ber of uninsured. would you prefer the money and you week, we were on the McCain-Edwards- Let’s say we want to pass a Patients’ can buy health care on your own? A lot Kennedy bill, S. 871. That was last Bill of Rights. Great. But let’s do no of employees will say: Yes, count me; I Wednesday. I was reviewing it and try- harm. Let’s not increase costs dramati- would like to have that money. Maybe ing to become more familiar with the cally. Let’s not increase the number of they will buy health care on their own, sections and what that bill meant to uninsured, especially if we are talking and maybe they won’t. employers, to people providing health about millions. And that is what we Unfortunately, a lot of employees care, to Federal employees, and so on. are talking about in the bill before us would not, so the number of uninsured Now we are considering a different bill, today. I wish that were not the case. would rise, and I believe rise dramati- S. 1052. It is important for us to know Let’s go through the bill. And I think cally. So employers would be scared as Senators because we are going to be we will have some time. We need some from the cost standpoint, and they voting on the legislation. This is one of time since we have not had any hear- would also be frightened because there a few bills. Every once in a while we ings on this bill. This bill has never would be unlimited liability. consider legislation that will have a been through a Senate markup. There has been some misrepresenta- significant impact on everybody’s In the last Congress, we did mark up tion by some, saying: This bill has caps lives. We did that when we passed the the Norwood-Dingell bill. We did not on liability. It does not have any caps tax cut package recently. That will pass Norwood-Dingell in the Senate. on noneconomic damages. There are all change everybody’s taxes. People are We passed a substitute bill on which kinds of damages. And this bill has new going to see tax refunds coming in the many of us worked. I thought it was a causes of action for Federal lawsuits. It mail in the next couple of months. I positive piece of legislation. I thought has new causes of action for State law- think that is very positive. People are it had a lot of good things. It would suits. It allows people to be able to

VerDate 19-JUN-2001 01:54 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.114 pfrm03 PsN: S19PT1 S6436 CONGRESSIONAL RECORD — SENATE June 19, 2001 jury shop: Let’s find a good jury in a cluded.’’ Great. That will make DON this is consistent with the Texas plan, good county. With one good jury, you NICKLES happy, and others happy. That and so on. I do not think that is factu- can become a billionaire nowadays. sounds pretty good. That is paragraph ally correct. So I wanted to mention Wow. A lot of employees would say: (A). that. Thank you very much, but I can’t af- Paragraph (B): ‘‘Certain Causes of I want to do a good bill. This does ford that exposure; I can’t afford that Action Permitted. Notwithstanding not fit the pattern. liability, the fact that one jury case, subparagraph (A), a cause of action What about a couple of other things? for something I had nothing to do with may arise against an employer or other Should the Federal Government take whatsoever, could put me into bank- plan sponsor. . . .’’ over what the States are doing in the ruptcy. So they might say: We are just Look out, employers. You had better regulation of health care? Some people going to opt out. We don’t have to pro- read paragraph (B). You are liable. Oh, obviously think we should. As a matter vide this benefit. there are a few little exemptions. If of fact, I look at the scope sections of Some people would like to mandate they do this, this, and this, they will the bill, and I am almost amused. We that employers provide health care, not be liable. But it does not cover ev- are going to have a preemption: State but that is not going to pass, and they erybody. I promise you, as an em- flexibility. It says, on page 122, ‘‘[noth- know that is not going to pass. ployer, if they complete their fiduciary ing shall] be construed to supersede So the net effect is, a lot of employ- responsibilities, they are liable. And any provision of State law which estab- ers will say: I don’t have to provide when employers find out they are lia- lishes, implements, or continues in ef- this benefit. I want to, but I can’t af- ble, they are going to be scared of this fect any standard or requirement sole- ford the exposure. bill and the results of this bill, and a ly relating to health [insurers]. . . .’’ I just met somebody today who owns lot of them will quit providing health Boy, that sounds good. I like that a restaurant. Actually, today, I met care for their employees. In other section. I don’t know if there is a bait- with two people who own a restaurant words, if we take legislative action, and-switch section in here or what, but each. I heard people say: Hey, you are maybe with very good intentions, there that sounds so good. That sounds like going to choose between the HMOs and may be very adverse results. something I would put in there. But it the people. I met with two people today They did that in the State of Cali- doesn’t stop there. It goes on. who each owns and operates a res- fornia on energy. They passed a bill Then it says, on the next couple pages: If the State law provides for at taurant. One owns a small restaurant that had a great title calling it a de- least substantially equivalent and ef- in Maryland. They said, if this bill regulation bill, but it had all kinds of fective patient protections to the pa- passes, because of the liability provi- regulations, and it had a lot of adverse tient protection requirements which sions, they probably won’t provide results. This bill, I am afraid, if we the law relates. In other words, we are health care for their employees. They passed it today, and it became law, not going to mess with the States un- just started providing health care for would have a lot of adverse results. less the States, of course, have to pro- their employees. Restaurants are the President Bush has said he would vide at least substantially equivalent type of business where not everybody veto this bill. And he is right in doing and effective patient protections as provides health care for their employ- so. And we have the votes to sustain this bill does. ees. that veto. Well, what does substantially equiva- All the major automobile manufac- Some people said: Why not pass this lent and effective mean? It means, turers provide health care for their em- bill as it is, let the President veto it, States, you need to do exactly what we ployees. They will probably continue to you sustain his veto, and, hey, you tell you to do. We are going to preempt do so because of collective bargaining have covered the subject? I do not everything you have. If you have an ER agreements. Interestingly, there is a think that is responsible legislating. provision, it has to match our ER pro- little section that exempts collective Maybe it would be the easy way out. vision, our emergency room provision. bargaining agreements. Whoops. I That way, we can just raise a few ob- If you have access to OB/GYN, you thought we were providing all these jections, vote no, and let him veto the have to match our access provision to protections for everybody. But there is bill. I do not think that is responsible. OB/GYN. And there is a lot of dif- a protection for organized labor here I think we need to review this bill. I ference. that kind of exempts the organized think every Senator should know what If you have clinical trials in your labor contracts for the duration of is in this bill. I will tell you, from the State, you have to match these clinical their contracts. So they might be ex- public comments I have heard, in some trials, which are enormously expensive empt for years. cases the sponsors of this bill may not clinical trials, which are covered by We will get into some of the loop- know what is in this legislation. anything that NIH would offer or any- holes left in this provision. But this So we need to consider what is in this thing by FDA or anything by DOD or small restaurant owner said: I don’t bill. We need to talk about it. We need anything by the VA. There are a lot of think I can afford the liability. I am to see if we can improve it. Hopefully, clinical trials. You have to pay for afraid of doing that. And this person— we can improve it to the degree that them. It may be the State of New Jer- female—operates her own business, we will have bipartisan support for a sey did pay for them or did not. which is family operated, I believe sec- solution with perhaps 80 sponsors of Under this bill, there is not one State ond generation, and they have had the the bill and have overwhelming sup- in the Union that meets the clinical business for 30-some-odd years, I be- port. I would love to see that happen. I trial provisions of this bill. Why? Be- lieve. It is not all that large. About will work to see that happen. I have in- cause they are very expensive provi- half her employees now have health vested a lot of time on this issue. I sions; because they are unknown provi- care. She said today, she does not want to pass a good bill. This bill does sions; because no one knows how much think she can continue providing not meet that definition. they would cost. And so the States health care if this bill passes. I heard a couple people say this bill is have been kind of cautious on putting I met with a restaurant owner who consistent with the principles the in clinical trial provisions. They have has a larger restaurant not too far President outlined. That is factually done it rather cautiously. The State of from here in Northern Virginia. This inaccurate. That is a gross misinter- Delaware is considering clinical trials person started providing health care pretation of the President’s principles. today, legislation on a patients’ bill of for their employees and said: No way, They were not written that fuzzily. I rights. They have a clinical trial provi- not with this liability. You would will outline in another speech what are sion, and it is not nearly as expensive make it impossible. the President’s principles and where as the one that is mandated in this bill. Wait a minute; employers are ex- this bill falls fatally short—not short The essence of this bill is, State, we empt. I heard that today. Oh, employ- in a gray area but fatally short. don’t care what you have negotiated. ers are exempt? Yes, there is a section I am just concerned that maybe some We don’t care how many hearings you in this bill exempting employers, on people are a little loose in their state- had. We don’t care if the legislature page 144: ‘‘Causes of Action Against ments, saying this is consistent with worked on this for months and nego- Employers and Plan Sponsors Pre- what the President wants, and so on, tiated it with the Governors and the

VerDate 19-JUN-2001 00:39 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.119 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6437 providers in your State. We don’t care HCFA, the Health Care Finance Ad- plans. We are going to mandate you do because we know what is best. One size ministration, couldn’t enforce that. all these things. We exempted Federal fits all. I guess two or three Senators There is no way in the world. There is employees. Whoops. decided they know what is best. They a list of patient protections that every You mean we are going to mandate know better than every single State in- State has done. In my State, it is 40 all State employees, all teacher plans. surance commission. They know better some; in most States it is 30, 40, 50 dif- We are going to mandate that all of than every State legislature. They ferent State protections. We are going those have to have what we have de- know better than every Governor, to say: We don’t care what you have cided big government knows best. Yet every person who is in the buying busi- done. Those aren’t good enough. We are for Federal employees, whoops, we ex- ness. We are going to mandate that going to basically say these protec- empted them. Organized labor, if they these have to be in your contract, in tions are preeminent. These will super- have a contract, we exempted them. your coverage. sede what your State has done. You Medicare, for we exempted them. Med- I accidently said the word ‘‘con- must do as we tell you to do. If you icaid, low-income individuals, whoops, tract.’’ Most of this is done by con- don’t, the Federal Government will these don’t apply to Medicaid. They tract. There is a provision in here that take over enforceability of those provi- don’t apply to Medicare. They don’t says you don’t have to abide by the sions. apply to Federal employees. They don’t contract. That is a heck of a deal. So Then you will have the awkward sit- apply to union members, until their when people try to have a contract, uation of having the Federal Govern- contract is renewed, maybe 5 years or here is what we will cover, here is what ment enforce some provisions in your so before that happens, if they have a we don’t cover, so you can have some health care contract but not all the long-term contract. kind of limitation on cost. provisions. That is really going to There are a lot of little gaps. If this There is a little provision in the bill make a lot of sense. Then there is is so good for the private sector, why that says the reviewer shall consider don’t we put it on the public sector? but ‘‘not be bound by the definition going to be this little period of time used by the plan or issuer of medically where the State has been enforcing Why don’t we put it on the Senate? A necessary and appropriate.’’ Not be these State regulations. Now we have a Senator or their family members, can bound—in other words, they can pro- new Federal regulation, and it is sup- they sue the Government? If they are vide anything they want to provide. It posed to be prevailing. But the State aggrieved, can you sue the Govern- doesn’t make any difference what is in regulation, we are used to enforcing it. ment? The answer is no. You still the contract. That is in this little bill. Which one do we abide by? They are can’t. Even if this bill passes, you can’t How do you get a cost estimate of not familiar with the Federal enforce- sue the Government. Everybody else how much this bill is going to cost? Be- ability. No one has ever enforced this can sue their employer. You can’t sue cause no one knows. The contracts one before. So should the State enforce yours. aren’t binding. Wow. There are a lot of the Federal regulation? They can’t do I wonder if cost has anything to do things in here. it. The HCFA person hasn’t signed off. with it. There are some things that Then I have heard people say: We are Therefore, HCFA is going to take over, just don’t fit. It is fine for us to do this going to make sure the States have and they don’t have anybody to enforce on all private sector plans, act as if provisions that are substantially equiv- it. that will only cost 37 cents a day. alent and as effective. Who is going to Now what you have is language say- Maybe they said a week. The cost of determine if something is as effective? ing you have these protections, but you health care right now for a family is We are going to have the Federal Gov- don’t have anybody to enforce it be- about $7,000. At 4.2 percent of $7,000, ernment. HCFA is going to review the cause HCFA can’t do it. They abso- figuring this up, you are talking about State standards. HCFA will determine lutely can’t do it. $300 a year. Some people say: That is whether or not you are substantially Somebody should ask the Secretary just cents; that is a dollar a week or equivalent and as effective. The only of Health and Human Services, do you something. It is not a dollar a week. It way you are going to get there with have the capability to regulate State is $300 a year. Maybe that is about a any certainty is to have identical lan- insurance to enforce these provisions dollar a day. That is about the equiva- guage. And then who is going to know that the McCain-Kennedy-Edwards bill lent of the tax cut that a lot of Ameri- whether or not it is as effective? That would do? The answer is no. No, they cans are going to receive this year. We is as subjective as it could possibly be. couldn’t do it. So we are going to have are just going to take it away. So we You have a standard that is higher a long list of protections that we sup- give a tax cut with one hand and we than HCFA. You have a standard high- posedly are telling everybody they take it away with higher health care er than anybody has ever imposed. It have: look what we have done for you, costs in the next by this bill? We can says: Here is everything we mandate. If but there is no enforceability because sure do that. you want Federal, nationally dictated the Federal Government doesn’t have Somebody said: I broke even for the health care, it is in this bill. Wow. I the wherewithal to do it. year. What if you are one of the 1 or 2 didn’t know we were taking over for And we shouldn’t do it. That is not million people who lost your health the State. I didn’t know we had the our responsibility. Yet we are going to care because your employer dropped it? people to do it. have that kind of takeover. I think You came out on the real bad end of Guess what. We don’t. There is no that would be a serious mistake as the deal. way in the world the Federal Govern- well. This didn’t cost you a dollar a day. ment has the resources in HCFA, the Then what about this comment: This didn’t cost you a Big Mac. This Health Care Finance Administration— Under this bill, we insure all Ameri- cost you your health care—probably to which now has a new name which I cans. Wow, sounds really good. We are a person who needs health care the can’t remember and won’t for the time really going to provide protections for most. A lot of people who are in that being—there is no way in the world all Americans. low-income bracket, maybe working they could do this. Every State has in- First, I should ask: Are we disabusing for a small restaurant in Montana, or surance commissioners or regulators Federal employees? Are we disabusing someplace, and maybe their employer that are in charge of making sure the our families, Senators’ families who just started to provide health care, or insurance companies in their State are are under the Federal employees health wants to provide it, and they could not adequately financed, meet their fidu- care plans? Do they have such a crum- do it because they could not afford it, ciary responsibilities, that they meet my deal that we need to change their or because they are afraid of the liabil- their insurance responsibilities, that plans? The truth is, we don’t change ity. they uphold what they say they are Federal employees. We change State The PRESIDING OFFICER. The time going to do in the contracts, every employees. I hope everybody knows of the Senator has expired. State. I would imagine in New Jersey, that we are going to go out and tell Mr. NICKLES. I ask unanimous con- it is hundreds of people—hundreds. I every Governor, every State insurance sent for an additional 5 minutes. am sure it is in the hundreds. My State commissioner: we are going to change The PRESIDING OFFICER. Without of Oklahoma is in the hundreds. your public employees’ health care objection, it is so ordered.

VerDate 19-JUN-2001 01:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.121 pfrm03 PsN: S19PT1 S6438 CONGRESSIONAL RECORD — SENATE June 19, 2001 Mr. NICKLES. My point is, let’s be The PRESIDING OFFICER (Ms. then have a full debate on these mat- very careful not to do damage to the STABENOW). The Senator from Massa- ters. There are some who wonder system, not to do damage to a quality chusetts is recognized. whether this is a bipartisan bill. I was health care system that is far from per- Mr. KENNEDY. Madam President, I listening to my friend and colleague fect. Let’s do some things to make sure see my friend from Nevada on the floor. from Oklahoma say he really wonders that we increase the number of people I wanted to make a few comments at whether this is a bipartisan bill. Well, who have insurance. Let’s not do any- the end of our first day of discussion. Congressman NORWOOD, Congressman thing that would increase the number Madam President, I just hope those GANSKE, and 63 Republican Members of of uninsured. That is doing a very seri- who are watching this debate have the House of Representatives certainly ous harm. If anybody says, hey, this some understanding about the history believe that it is a bipartisan bill. We bill has so much momentum, so let’s of this legislation and what it really is are certainly proud of the Republicans pass it regardless of what it costs or all about. This legislation was first in- who have supported this measure in what the consequences are, I beg to dif- troduced 5 years ago. So that is why we the Senate. I think that gives us hope. fer. It is worth spending a little bit of hear on the Senate floor that our col- I see the Senator from Nevada. time to try to be at least responsible in leagues are glad to consider the legisla- Mr. REID. I want to ask the Senator this area. Let’s not do damage. Let’s tion. We should be eager to consider a question when he has a minute. not supersede the States. Let’s not act this legislation because every day that Mr. KENNEDY. At the end of this as if the Federal Government knows we let go by there are more than 50,000 discussion today, we ought to realize best: Sorry States, we are going to people who are experiencing increased that virtually every single medical or- take over the regulation of your health suffering and injury. ganization—the American Medical As- care system because we know better. There are 35,000 people today who sociation, children’s health, women’s Every person here who works in this didn’t get the specialist they need in health, disability organizations, senior system for very long knows that we do order to help them mend and get bet- health organizations, and patient orga- not know better. We do a crummy job. ter. There are 12,000 patients who, to- nizations—is supporting this bipartisan HCFA does a crummy job in admin- night, will be taking prescription drugs proposal. There are but a handful of or- istering Medicare. They are way behind that were not what the doctor ordered, ganizations that support our oppo- even in enforcement and compliance but what the HMO is giving them. nents’ proposal, and virtually all of with the Health Insurance Portability There are countless illustrations these organizations have also endorsed Act. Some States still aren’t in compli- where the HMOs’ decisions are being our bill. I put that out as a challenge. ance. HCFA is supposed to take over made by bureaucrats and bean counters I hope those who are opposed to this bi- regulation of that act. If they haven’t in cities many miles away from the partisan proposal are going to at least done that, how in the world can they highly trained professional medical give us the credit for the very breadth do it for private care? They could not personnel who are trying to provide of support that comes to this proposal. do it. care. These health care professionals This comes from people who have stud- Let’s pass a positive bill. I stand are making decisions that are being ied this issue, worked this issue, and ready to work with my colleagues on countered by accountants and bean whose livelihood is affected by this both sides of the aisle to do that. I am counters who aim to enhance the bot- issue in terms of the type of care they willing to spend a lot of time to work tom line of the HMOs. can provide for families all across this out a real bipartisan bill, one that has The real issue, when it is all said and country. support by a majority of the Members done, is whether we are going to put So, Madam President, I look forward on both sides. To say that this is a bi- into law some rather minimum stand- to the debate. partisan bill when you have 3 Repub- ards that are already effective in Medi- Mr. REID. Will the Senator yield for licans sponsoring it and 40-some odd care and Medicaid. These fundamental a question? vigorously opposed to it is stretching standards have been recommended by Mr. KENNEDY. Yes. it. That is not bipartisan. Let’s have a the insurance commissioners, and Mr. REID. I have been interested in bipartisan bill where you have a major- unanimously by a bipartisan panel. the debate from the other side. Isn’t it ity of both Democrats and Republicans I have listened carefully to a number interesting that they are so concerned supporting the bill. That is real bipar- of the statements that have been made about the uninsured now with the Pa- tisan bill. Let’s get a bill that Presi- out here recently. I did not detect any tients’ Bill of Rights? As the Senator dent Bush will sign and become law, statements directly before the Senate from Massachusetts will recall, we not just have campaign rhetoric. Let’s that are critical of the proposal that tried to do something about the unin- make something happen that we can has been advanced here. Yet there has sured, and no one was too interested say we have passed a positive bill. I been an objection made. I haven’t then. hope we can do so. It remains to be heard them say: let us not have that Mr. KENNEDY. That is right. seen. protection for the people, or let’s not Mr. REID. In fact, it has gone up There is going to have to be some give them the emergency care protec- since then. willingness to compromise. Some peo- tion, let’s not give them the specialty I also ask the Senator if he recog- ple say we have compromised enough. protection, let’s not give them the clin- nizes that one of the things they are This bill is not a compromise. This bill ical trials in there. Did anybody hear saying is HCFA is understaffed and is to the left of the Norwood-Dingell that during the course of the after- would not be able to handle the new bill that we had last year. It is more noon? I did not hear that. duties given to them by this legisla- expensive than that bill. The liability That is what this is about. That is tion. Who has been cutting back their provisions are more intrusive and ex- what this is about. As we all know, budget all these years, strangling these pensive than the bill Congressmen NOR- people try to make the best case they organizations so they cannot render WOOD and DINGELL and Senator KEN- can in opposition. And at the end of appropriate care to the constituency NEDY were pushing last year. It is not a this first day, I find I am very much they are delegated to serve? compromise. It is a move in the wrong encouraged by the range of speakers Has the Senator heard them com- direction. who have spoken in favor of this legis- plaining about understaffing? Let’s move toward the center. I have lation. I think there is increasing un- Mr. KENNEDY. The answer is yes, shown a willingness—maybe more than derstanding by the American people, as not only have I heard it, but I remem- I should have—to compromise and try in the debate here in the Senate, about ber debating with my good friend from to come up with a positive bill. Let’s the importance of this legislation. Oklahoma on the increase for HCFA, work together as both Democrats and We know the HMOs are spending mil- which was recommended by the Gen- Republicans to come up with a bill that lions of dollars on distortion and mis- eral Accounting Office—that there we can all be proud of, that President representation. They ought to be would be an $11 million increase for Bush can sign, and one that can be- spending that on patients’ care, but HCFA to administer. He opposed that. come law. they are not. We welcome the oppor- He fought it tooth and nail. So they did I yield the floor. tunity to get to the bill before us and not get the additional support. And

VerDate 19-JUN-2001 01:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.124 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6439 then they complain when they are in- tects children, women, and families. It eral courts, and those will be limited to adequately staffed to do the job. is about doctors, nurses, and families contract cases. Thankfully, $2 million came out of making decisions that will not be over- The Senator is quite correct that we the committee, even though we were ridden by bureaucrats and HMOs. That are relying upon the State system of unable to get anything on the floor. I is what this legislation is about. justice, and that is the way it ought to said this to my friend, Senator NICK- We welcome the chance finally, fi- be in this case. Senator MCCAIN, Sen- LES, so I do not mind mentioning it nally, finally, to have it before the ator EDWARDS, and others involved in here in his absence because—he is here Senate. We look forward to the amend- the development of that proposal found now. He remembers his battle against ments to begin. a good solution to it. giving additional funding to HCFA to I suggest the absence of a quorum. Mr. REID. Our majority leader is in implement the Kassebaum-Kennedy Mr. REID. Will the Senator withhold the Chamber now, and I want to make bill, and he took great relish in that for a minute? While the Senator is a brief statement and see if the Sen- opposition. The Senator from Nevada here, I want to ask him another ques- ator will agree with me. has pointed that out. tion. We talked about the uninsured, We heard this harangue that this is I agree HCFA is a challenge because and we heard the other side talk about legislation that deals with lawyers. we have given them a great deal of ad- the shortage of staff. We have heard The fact is, as to the two States where ditional responsibility in recent times. now a new one that has been going on there is a Patients’ Bill of Rights, in 1 We have given them the CHIP program all afternoon on the other side about State there has been no litigation which is working in the States. They States rights—how are the Governors whatsoever; in the State of Texas, are doing a good job. They have Kasse- going to put up with this terrible bill? where the President is from, in 4 years baum-Kennedy, which is the port- I say to my friend from Massachu- there have been 17 lawsuits filed. That ability legislation to help those who setts, isn’t it interesting that no mat- is about four a year. That does not are disabled move around through jobs ter what happens, there are always ex- sound outrageous to me. Does it to the and not be discriminated against. cuses that we cannot pass a Patients’ Senator from Massachusetts? I am reminded by my staff that the Bill of Rights? This has been going on Mr. KENNEDY. The Senator is cor- latest GAO report shows HCFA is doing for 5 years. We now have a bipartisan rect, and I will end with this note. We a good job, and virtually every State is piece of legislation. I acknowledge the can speculate and theorize, but under effectively administering the Mothers first legislation that came out was par- these circumstances we ought to look and Infants Protection Act and the tisan, just the Democrats authored it, at the record. We have 50 million Women’s Cancer Act, which have been even though some Republicans sup- Americans who have protections like additional responsibilities for HCFA. ported it. Now we have bipartisan leg- what we are trying to provide for 170 They are doing a good job with that as islation. Senators MCCAIN, KENNEDY, million additional Americans in the li- well. and EDWARDS have written this legisla- ability provisions. Those who have pro- I know it is easy to have whipping tion. They are the chief sponsors of it. tections are State and local employees boys around here. HCFA is out there. But now it is still not good enough. and individuals who purchase insur- We all can probably find instances in Have we not heard in the 5 years we ance. They have the right to sue. There our own States where we wish they had have already spent on this legislation is absolutely no evidence that there made other decisions. That certainly about States rights? I ask the Senator has been a proliferation of lawsuits. should not be used as an excuse in op- from Massachusetts, do you not think There has not been any kind of abuse position to this legislation. we resolve these States rights problems of the system, although those who are Mr. NICKLES. Will the Senator yield with this legislation? opposed to our legislation have alleged for a question? Mr. KENNEDY. The Senator is ex- that. Mr. KENNEDY. Yes. actly correct. Under the proposal be- Secondly, there is absolutely no evi- Mr. NICKLES. Did I understand my fore us, if there is substantial compli- dence that the costs for these various friend and colleague to say the State of ance, then the State provisions will policies are in any way more costly Massachusetts now complies with the rule the responsibility and liability than those without the liability provi- Health Insurance Portability Act? provisions. That is why I was so inter- sions. Mr. KENNEDY. Not completely. ested in what the Senator from Okla- I yield the floor. What the State of Massachusetts com- homa said about not being able to de- The PRESIDING OFFICER. The ma- plies with is the CHIP program. Massa- cide this in Washington, DC, because it jority leader. chusetts is the No. 1 State in the Union is one size does not fit all; we have all Mr. DASCHLE. Madam President, as with the lowest number of uninsured learned that. I indicated earlier today, Senator LOTT children. We have done an outstanding That is not, of course, what this leg- and I and others have been discussing job with that. We still have work to do islation does. It lets the States make the manner under which we might be in other areas, such as HIPAA. Rather the judgments about liability. able to proceed to the bill. Earlier than take the spirit of the legislation I am very interested in the fact there today, the unanimous consent request that Senator Kassebaum believed to be are a number of Senators on the other to proceed to the bill was not agreed the case—I had serious doubts about side who do not want to permit their to. We have been discussing the matter it—which was that there would not be States to make the judgments with re- throughout the day. I think I am now a significant increase in premiums—we gard to liability issues. That is where prepared to propound a unanimous con- find a number of States, with the sup- the liability and negligence issues have sent agreement that reflects an under- port of the insurance industry, have been decided for over 200 years. The standing about the way we might pro- raised rates so high as to undermine States have the knowledge about these ceed later this week. the effectiveness of the program. issues, and transferring responsibility I ask unanimous consent that at 9:30 Mr. NICKLES. So the State of Massa- into the Federal system does not make on Thursday, June 21, the Senate vote chusetts still does not comply with the a lot of sense. There are long delays, on a motion to proceed to S. 1052, the Health Insurance Portability Act we more distance, and it is more costly to Patients’ Bill of Rights, and that the passed several years ago? the patients. time between the completion of that Mr. KENNEDY. Parts of it they do; We will have a full opportunity to de- vote and 12 noon be equally divided be- not all of it, I say to the Senator. bate those issues. I look forward to tween the two leaders or their des- Mr. NICKLES. I was just wondering. that debate. ignees for debate only, and that at 12 Mr. KENNEDY. That is fine. I am not The Senator is quite correct, we have noon the Republican manager or his going to get into whether the Repub- in this legislation, in the liability pro- designee be recognized to offer an lican Governors in my State were in visions, shown very special deference, amendment. opposition to enforcing it. That is not as has been stated during the course of The PRESIDING OFFICER. Without relevant here tonight. the day. Effectively 90 percent of these objection, it is so ordered. The point is, Mr. President, this leg- cases will be tried in State courts. Only Mr. DASCHLE. Madam President, it islation we have before us tonight pro- 10 percent will actually be tried in Fed- is my intention, then, to stay on the

VerDate 19-JUN-2001 01:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.126 pfrm03 PsN: S19PT1 S6440 CONGRESSIONAL RECORD — SENATE June 19, 2001 motion to proceed until the 9:30 time Mr. DASCHLE. We certainly PRESIDENT BUSH RECOGNIZES LT. that we have now just agreed to on wouldn’t have any votes scheduled COL. BILL HOLMBERG AS AN Thursday. Should there be any interest after around 1 o’clock on Friday. AMERICAN HERO in accelerating that, we would cer- Mr. NICKLES. To further clarify, I Mr. DASCHLE. Mr. President, I want tainly entertain it. However, at least heard the intention that you would to call my colleagues’ attention to a now we know we will have a vote at like to have this completed by the specific passage in President Bush’s 9:30, and that our Republican col- Fourth of July, but correct me if I am commencement address at the U.S. leagues will be recognized to offer their wrong. We spent a little over 2 weeks Naval Academy last month that was first amendment at noon on Thursday. on the education bill just on the mo- particularly meaningful to me. In that I appreciate very much the willing- tion to proceed. I believe on the edu- reference, the President paid tribute to ness of Senator NICKLES and certainly cation bill in total we spent 6 or 7 the heroism of a longtime friend of the Republican leader and others who weeks, and the education bill is a very mine, retired Marine Corps Lt. Colonel have been discussing this matter with important bill. Likewise, this is a very William C. Holmberg, class of ’51. me for the last couple of hours. important bill. And this bill, like the I would like to quote from the Presi- Mr. REID. Could I ask the majority education bill, in my opinion, needs to dent’s speech: leader a question? be amply reviewed. But there are many others from the Class Mr. DASCHLE. Yes. of ’51 whose stories are lesser known, such as Mr. REID. In that we will start this I don’t know the period of time, but retired Lieutenant Colonel William C. debate this coming Thursday, is it still at least it is this Senator’s intention Holmberg. One year and a handful of days the intention of the leader to finish we thoroughly consider what is in the after graduation, Second Lieutenant this bill before we take the Fourth of language and how it can be improved. Holmberg found himself on the Korean pe- ninsula, faced with a daunting task: to infil- July recess. Some Members want to have signifi- cant changes so the bill can be signed. trate his platoon deep behind enemy lines in Mr. DASCHLE. There are two mat- an area swarming with patrol; to rout a te- ters I think it is imperative we finish. I am not sure if that can be done or nacious enemy; to seize and hold their posi- This is the first of the two, I answer completed in the time anticipated or tion. And that’s what he did. And that’s my colleague, the assistant Democratic hoped for. I appreciate the dilemma the what his platoon did. leader; and the other is the supple- majority leader is in and his desire to Along the way, they came under heavy fire mental. I think 2 good weeks of debate conclude it a week from Thursday or and engaged in fierce hand-to-hand combat. Despite severe wounds, Lieutenant Holmberg on this issue is certainly warranted. Friday, but I am not sure that is ob- tainable. We will see where we are next refused to be evacuated, and continued to de- We have had a debate on this matter liver orders and direct the offensive until the in previous Congresses. I think we week. mission was accomplished. should be prepared to work late into Mr. DASCHLE. I agree. I don’t know And that’s why he wears the Navy Cross. the night Thursday night. We will be whether it is attainable or not. But I And today, his deeds, and the deeds of other here on Friday. We will be in session on do know this: We will continue to have heros from that class, echo down through the Friday, with amendments and votes. ages to you. You can’t dictate the values votes into the recess period to accom- that make you a hero. You can’t buy them, We will stay on the bill throughout modate the completion of this bill. but you can foster them. next week. As I say, we will hopefully My concern is, very frankly, we will I commend the President for his rec- set at least a desirable time for final come back after the Fourth of July re- ognition of this very special American. consideration Thursday of next week. cess—and I have talked to Senator I have known Bill Holmberg ever since Should we need Friday, we can cer- LOTT about this—with the realization I came to Washington as a freshman tainly accommodate that particular we have 13 appropriations bills to do Congressman more than 20 years ago. I schedule, and if we need to go longer and a recognition that we have a very know Bill not as a war hero, but as an into the weekend to do it, my intention short period of time within which to do indefatigable champion of the environ- is to stay here until we complete our them. I know the administration wants ment and as a visionary who under- work. to finish these appropriations bills and stood the potential of renewable fuels So, yes, I emphasize, as I have the Senator LOTT has indicated he, too, is for improving air quality and reducing last couple of days, that the Senate concerned about the degree to which our dependence on imported oil long will complete this work, and hopefully we will be able to adequately address before they were accepted as a viable the supplemental prior to the time we all of the many complexities of these alternative to fossil fuels. leave for the July recess. bills as they are presented to the Sen- Bill is a true American hero who Mr. REID. We will work this Friday ate. stands as a model for us all. His selfless with votes, no votes on Monday, but we commitment to making the world a I want to leave as much time as pos- will work on Monday. better place to live has been dem- sible during that July block for the ap- Mr. DASCHLE. Correct. onstrated not only on distant battle- propriations process to work its will, Mr. NICKLES. I heard the leader say fields, but also by his daily pursuit of a and it is for that reason, in particular, we would be working on the legisla- more secure, environmentally sustain- that I want to complete our work on tion, considering amendments on Fri- able and just society. this bill so we can accommodate that day. Did the leader clarify whether or I join with President Bush in salut- schedule. not there will be votes on Friday? ing Lt. Colonel William C. Holmberg, a Mr. DASCHLE. There will probably Again, I appreciate the desire of the sustainable American hero. be votes on Friday but no votes on Senator from Oklahoma to vet this and f Monday. to debate it. I hope we can find a way Mr. NICKLES. I thought I understood to resolve it prior to the time we reach THE EXECUTION OF JUAN RAUL the majority leader to say we would the end of next week. GARZA hold votes ordered on Friday to Tues- There will, therefore, be no votes Mr. FEINGOLD. Mr. President, I rise day. today. to speak on the Federal Government’s Mr. DASCHLE. If I misspoke, I apolo- execution today of Juan Raul Garza. gize. I intended to say, if I didn’t say, I suggest the absence of a quorum. This is a sad day for our Federal we would have votes and amendments The PRESIDING OFFICER. The criminal justice system. The principle offered on Friday but that there clerk will call the roll. of equal justice under law was dealt a wouldn’t be any votes on Monday, but The assistant legislative clerk pro- severe blow. The American people’s there would be amendments considered ceeded to call the roll. reason for confidence in our Federal and hopefully we can make some ar- criminal justice system was dimin- rangement to consider these votes as Mr. REID. Mr. President, I ask unan- ished. And the credibility and integrity early on Tuesday morning as possible. imous consent that the order for the of the U.S. Department of Justice was Mr. NICKLES. Does the leader have quorum call be dispensed with. depreciated. any indication how late we will vote on The PRESIDING OFFICER. Without President Bush and Attorney General Friday? objection, it is so ordered. Ashcroft failed to heed the calls for

VerDate 19-JUN-2001 01:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.128 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6441 fairness. Instead, the Government put The Justice Department now ac- THE TALIBAN IN AFGHANISTAN Juan Garza to death. knowledges that it has not conducted a Mr. SANTORUM. Mr. President, I Now, no one questions that Juan complete review and that more study is rise to discuss the critical situation Garza is guilty of three drug-related needed. Before the Department com- concerning the Taliban in Afghanistan. murders. And no one questions that the pletes that thorough review, and before The seriousness of the Taliban’s gross Government should have punished him it finishes that study, the Federal Gov- injustices is alarming. This movement severely for those crimes. ernment should not execute one more continues to make outrageous demands But serious geographic and racial dis- person. on religious minorities, women, and parities exist in the Federal Govern- I once again call on the President to the relief workers trying to alleviate ment’s system of deciding who lives implement a moratorium on execu- the suffering of the Afghan people. and who dies. The government has tions by the Federal Government. I call With impunity, the Taliban has largely failed to address those disparities. And for it in the name of the credibility and ignored international condemnation, President Bush and Attorney General integrity of the Department. I call for becoming increasingly fanatical and Ashcroft failed to recognize the funda- it in the name of justice. And I call for strict. mental unfairness of proceeding with it in the name of equal justice under I am cosponsoring a bill with Sen- executions when the Government has law. ators BROWNBACK and BOXER which not yet answered those questions. No, Mr. THURMOND. Mr. President, I condemns the Taliban for its harsh de- the government put Juan Garza to rise today to discuss the Federal execu- mands on Muslims, Hindus, women, death. tion that was carried out earlier today. and religious minorities. The legisla- Today, most of those who wait on the I believe that the Justice Depart- tion strongly urges the Taliban to re- Federal Government’s death row come ment did what was right today when it open United Nations offices and hos- from just three States: Texas, Mis- carried out the death penalty against pitals so that the people of Afghanistan souri, and Virginia. And 89 percent of drug kingpin and murderer Juan Raul may receive necessary relief. I encour- those who wait on the Federal Govern- Garza. age my colleagues to consider cospon- ment’s death row are people of color. Steadfast death penalty opponents soring this legislation. But President Bush and Attorney Gen- have tried to use Mr. Garza’s case to Hindus and all other religious mi- eral Ashcroft failed to recognize the justify a moratorium on the death pen- norities have been ordered to distin- fundamental unfairness of executing alty. It is puzzling why they would be- guish themselves from Muslims by Juan Garza, a Hispanic man from cause his case in no way supports their wearing yellow badges. This decree is reminiscent of the Nazis forcing the Texas, before the Government had an- arguments about innocence and racial Jews to wear the yellow star of David. swered why those disparities exist. disparity in the administration of the It is shocking that the Taliban would On December 7, President Clinton death penalty. stayed the execution of Juan Garza ‘‘to order this kind of religious branding. First, Mr. Garza was clearly guilty. allow the Justice Department time to Furthermore, Muslims and non-Mus- He was convicted of murdering three gather and properly analyze more in- lims are prohibited from living to- people, one of who he shot in the back formation about racial and geographic gether, and religious minorities are not of the head, and he was tied to five disparities in the federal death penalty permitted to construct new places of other killings. Even his lawyers are not system.’’ That day, President Clinton worship. The fanatic Taliban religious claiming innocence. said, ‘‘I have . . . concluded that the ex- police invoke terror on city streets, amination of possible racial and re- Second, there was no evidence that sometimes whipping those who are not gional bias should be completed before his race had anything to do with him attending mosques at designated times. the United States goes forward with an receiving the death penalty. The judge This kind of religious intolerance is execution in a case that may implicate and the main prosecutor in his case abominable and should not be allowed. the very questions raised by the Jus- were Hispanic, as were all of his vic- The Taliban’s iron grip on Afghani- tice Department’s continuing study. In tims except one. The majority of the stan not only affects religious prac- this area there is no room for error.’’ jurors had hispanic surnames, and all tices, it is further devastating the suf- But today, the thorough study that the jurors certified that race was not fering Afghan people by obstructing re- President Clinton and Attorney Gen- involved in their decision. lief efforts by the United Nations and eral Reno ordered is nowhere near com- Moreover, there were six death-eligi- other humanitarian organizations. The pletion. Even so, the Government put ble cases in this district, the Southern United Nations World Food Program Juan Garza to death. District of Texas, all involving His- believes it may be forced to close It now appears that, until recently, panic defendants. Yet, Mr. Garza’s was around 130 bakeries in Afghanistan’s this administration’s Justice Depart- the only case for which the local U.S. capital city if the Taliban will not ment had no plans to proceed with this Attorney recommended the death pen- allow women to help address the needs thorough study. We now see that, on alty, and the only one for which it was of the hungry. Without the aid of both June 6, the Justice Department re- sought. men and women, program leaders can- leased a report that contained no new Mr. Garza was convicted under a law not maintain the bread distribution analysis but nonetheless reached the that Congress passed in 1988, which re- program. Also in the capital, a 40-bed conclusions that they wanted to reach. instated the death penalty and directed surgical hospital was forced to close its Yes, after I called for a hearing and it at ruthless drug kingpins like Mr. doors. Sixteen international staff demanded that the thorough study re- Garza who commit murder as part of members escaped to Pakistan because sume, the Justice Department did their drug trafficking. By following there were genuine concerns about agree to renew its thorough examina- through with the death penalty in ap- their safety. This is not the first time tion of racial and geographic dispari- propriate cases such as this, the Attor- foreign staff have had to flee. Several ties in the Federal death penalty sys- ney General is simply enforcing the U.N. workers have even been arrested, tem. But even so, the Government put laws he has a duty to uphold. a gross violation of a previous agree- Juan Garza to death. Mr. Garza was treated fairly and had ment between the Taliban and the U.N. Experts at that hearing of the Judici- full access to the extensive protections that relief workers would be protected. ary Subcommittee on the Constitution of the criminal justice system. This The Taliban is compromising both the testified that the facts did not support execution is not a case study in injus- safety of international relief workers the conclusions that the Justice De- tice. It is a case study in how the sys- and the well-being of the Afghan people partment reached in its June 6 report. tem works properly. with their harsh and unreasonable poli- Experts testified that more informa- I agree that continued study of the cies. tion is needed before the Justice De- death penalty is worthwhile, but stud- The injustice meted out by the partment could credibly conclude that ies should not be used as an excuse to Taliban is sobering and demands con- racial bias is absent from the Federal place a moratorium on the death pen- tinued attention. That is why I am co- death penalty system. But even so, the alty while opponents endlessly search sponsoring S. Con. Res. 42 with Sen- Government put Juan Garza to death. for flaws in the system. ators BROWNBACK and Boxer, and it is

VerDate 19-JUN-2001 01:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.059 pfrm03 PsN: S19PT1 S6442 CONGRESSIONAL RECORD — SENATE June 19, 2001 my fervent wish that the suffering en- tion’s armed forces at one of the high- Local Law Enforcement Act of 2001 dured by all the Afghan people and est rates in our country. would add new categories to current international workers be quickly re- Thousands of Puerto Ricans have lost hate crimes legislation sending a sig- lieved. their lives in service of their country nal that violence of any kind is unac- f during all the wars of the 20th century. ceptable in our society. We need the good training to protect I would like to describe a terrible THE ADMINISTRATION’S DECISION all our troops, many of whom are Puer- crime that occurred June 2, 1999 in OF VIEQUES BOMBING RUNS to Rican. West Palm Beach, FL. Two teenagers Mrs. CLINTON. Mr. President, last So this is not a matter in which the admitted they beat a homosexual man week, the administration made head- people of Vieques or Puerto Rico to death last year, alleging the attack lines when it said it would stop the should be pitted against the interests was provoked when the 118-pound vic- bombing in Vieques. of national security. We are all Ameri- tim called one of the young men ‘‘beau- But is that really true? Let’s look at cans. We are all on the same team and tiful.’’ the fine print. we want the same thing: the best I believe that government’s first duty First, the administration did not trained armed forces in the world. is to defend its citizens, to defend them commit to stopping the bombing im- And so, I agree with President Bush against the harms that come out of mediately and permanently, as so when he says the ‘‘Navy will find an- hate. The Local Law Enforcement En- many of us have called for. In fact, the other place to practice.’’ I agree with hancement Act of 2001 is now a symbol bombing runs continue this week. Secretary Powell when he says, ‘‘Let’s that can become substance. I believe Second, the administration said it find alternative ways of making sure that by passing this legislation, we can would stop the bombing by May 1, 2003. that our troops are ready . . . using change hearts and minds as well. But is that really something new? technology, using simulators and also f Let’s look at the date by which the finding a place to conduct live fire.’’ bombing would stop under the current But here’s the bottom line: Under THE DR. MARTIN LUTHER KING agreement and existing law, which pro- current law, if the people of Vieques JR. COMMEMORATIVE COIN ACT vides for an end to the bombing if the vote in November to end the bombing OF 2001 people vote for it. The current agree- by May 1, 2003, the bombing must end Mr. CORZINE. Mr. President, I rise ment and existing law call for an end by that date. Pure and simple. How- today in support of S. 355, a bill requir- to the bombing by May 1, 2003—the ever, under the administration’s plan, ing the Secretary of the Treasury to very same date. there will be no referendum. And there- mint coins in commemoration of the In other words, the administration is fore, there will be no mandate and no contributions to our nation of the Rev. saying nothing more than what current requirement to end the bombing by Dr. Martin Luther King, Jr. The Dr. law mandates if the people of Vieques 2003. Only a policy to do so. And that Martin Luther King Jr. Commemora- vote to stop the bombing. policy could be altered by the Presi- tive Coin Act of 2001, S. 355, was intro- If that is all the administration an- dent anytime between now and 2003. duced by Senator MARY LANDRIEU on nounced—that the bombing would stop In fact, Secretary Rumsfeld has al- February 15. by the same date provided for under ready said that the Navy might stay on As we approach the 40th anniversary current law—then this flurry of atten- Vieques for another, and I quote, ‘‘two, of Dr. king’s ‘‘I have a dream’’ speech, tion would be little more than an over- three, four years’’ until it can arrange we remember that Dr. King was a man blown story about this President’s de- ‘‘the training that’s needed in other larger than life who had an extraor- sire to abide by the letter and spirit of ways.’’ Defense Department officials dinary impact not only on the civil the agreement entered into between were also quick to point out that while rights movement, but also on the his- the Federal Government and the rep- the President said that the Navy would tory of America. He was living proof resentatives of the people of Vieques find another place to practice within that non-violence can change the and Puerto Rico. ‘‘a reasonable period of time’’ he never world. But that is not all the administra- defined ‘‘reasonable.’’ In the last session of Congress, this tion announced. It also announced that Secretary England said he wanted to measure was introduced in both the it wanted to stop the November ref- ‘‘have us control our destiny,’’ mean- House and Senate, but no action was erendum. The devil is in the details, ing the Navy, as opposed to allowing taken on the floor. My constituents, they say. Well, this is one powerful what he called ‘‘this level of emotion’’ however, concerned themselves with devil of an idea that has not received distract ‘‘our attention from the real the issues and the Borough Council of the scrutiny it deserves. issue.’’ Fair Lawn, NJ, passed Resolution 315– For what the administration is really In other words, the will of the people 2000 urging that the measure be adopt- attempting to do is to undermine the of Vieques is an ‘‘emotion’’ that must ed and the commemorative coins be au- intent of the law and subvert the will be put aside, and the people of Vieques thorized for the year 2003. of the people of Vieques. should not control their destiny—the David L. Ganz, the Mayor of the Bor- The administration says that a ref- Navy should. ough of Fair Lawn is a former member erendum is unnecessary, because it al- I believe that is the wrong way to of the Citizens Commemorative Coin ready plans to end the bombing by 2003. deal with this very important issue. I Advisory Committee, a long-time advo- I say a referendum is more important believe we should work toward a solu- cate of using commemorative coins than ever, because without an electoral tion to this problem without circum- properly, and an avid coin collector. In mandate to require an end to the venting the law of the land, without an article appearing in COINage maga- bombing, any administration expres- abrogating an agreement, without ob- zine, a monthly trade publication, in sion of intent is nothing more than viating the will of the American citi- the July 2001 issue, Mr. Ganz argues that: an expression of intent. Not a zens of Vieques. that ‘‘the accomplishments of Dr. Mar- legal requirement. And ‘‘intentions’’ I will stand up against any effort to tin Luther King, Jr. transcend the can change at a moment’s notice. shut down the referendum in Vieques. work of presidents and academicians I wholeheartedly support all efforts Let the votes be cast. Let them be and cut across cultural lines. His life’s to find a viable alternative site to train counted. And let the voice of the people work ultimately affected the fabric of our naval forces. We need such train- be heard and respected. American society . . . worthy of the ing, to protect our national interest f Nobel Peace Prize in 1904 . . . [and lead- and to protect our troops. And we must ing to] social justice for a whole class work hard to find places and ways to LOCAL LAW ENFORCEMENT ACT of citizens and a generation of Ameri- provide such a vital element of our de- OF 2001 cans.’’ fense. Mr. SMITH of Oregon. Mr. President, This is a remarkable opportunity to As I have said before, the people of I rise today to speak about hate crimes honor a remarkable man, and I urge Puerto Rico are great patriots; its sons legislation I introduced with Senator the Banking Committee, and ulti- and daughters volunteer for our Na- KENNEDY in March of this year. The mately this body, to promptly enact

VerDate 19-JUN-2001 02:03 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.042 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6443 this legislation into law and authorize long-held in this country; and that is, According to the Senate Budget Com- this distinctive tribute to a distinctive local control of our schools. I am con- mittee, ESEA spending totaled $17.6 American. cerned that this bill will put us on a billion in fiscal year 2001. That same f fast-track towards thoroughly federal- year, we spent over $6.3 billion on spe- izing education. cial education. That’s a total of $23.9 BETTER EDUCATION FOR As it has been said before on the floor billion of Federal funds for kinder- STUDENTS AND TEACHERS ACT of the Senate, one size does not fit all garten through grade 12. It also rep- Mr. VOINOVICH. Mr. President, if when it comes to education. Different resents a 21 percent increase over fiscal there is one thing that the Senate can districts have different requirements, year 2000. agree on wholeheartedly, it is that we, with the needs of rural areas differing S. 1 as reported authorized $27.7 bil- as a Nation, need to invest in our chil- from the needs of our cities. And that lion for ESEA alone for fiscal year 2002. dren’s educational future. There is no has been the guiding force in American Since the beginning of the debate on other issue that hits closer to home for education for over 200 years. the floor of the Senate until its passage America’s families. But some of my colleagues think the on June 14th, a period of some 7 weeks, But, even as we recognize the impor- Congress is the national school board. the Senate added an additional $11.1 tance of education, we must realize Well, we are not the national school billion in education spending for fiscal that close to home is where education board here in this Congress! year 2002. works best in America, and simply With the expansion of education pro- That’s a total of $38.8 billion and, as spending more and more Federal dol- grams that the Federal Government I said earlier, a 62 percent increase in lars on more and more Federal ‘‘one would undertake in this bill, I have a just one year! size fits all’’ education directives will genuine concern that in ten or fifteen Over the life of the bill, these amend- not, by itself, make our education sys- years, Washington will be dictating ments add $211 billion to ESEA for a tem perform better. what is happening in every schoolhouse total of $416 billion. That is an increase S. 1, the Better Education for Stu- across the nation. of 101 percent over seven years. dents and Teachers Act, that the Sen- Indeed, in spite of the limited ex- When you consider that the House ate passed last Thursday contains sev- penditure of Federal funds for edu- and Senate agreed to a budget resolu- eral provisions that I favor. cation, this bill stipulates that every tion that included a modest increase in The bill contains a modest pilot school district in America will test Federal spending over last year’s budg- ‘‘Straight A’s’’ provision that will help their students from grades 3 through 8. et of approximately 5 percent, it’s obvi- This testing will occur regardless of us build on the Education Flexibility ous that if we are to fund ESEA with a how well students are performing in Partnership Act that I worked to help 62 percent increase, many legitimate their particular school districts, and pass in the 106th Congress to allow functions that are the true responsi- despite the fact that most of our states States to consolidate Federal edu- bility of the federal government will have mechanisms already in place that cation programs to meet State and not be met. Otherwise, we will not be test students’ educational perform- able to live within the parameters of local needs. ances. It also contains an amendment that I the FY 2002 budget resolution. For instance, just last week in my I am concerned that a number of my sponsored, that will provide loan for- state of Ohio, Governor Taft signed colleagues may have voted for many of giveness to Head Start teachers in ef- into law a bill to revamp the State’s the amendments to S. 1, as well as the fort to encourage teachers to go into testing program. final version of the bill—even with its early childhood education. Governors, legislators, school boards, expensive price tag—believing that the Further, S. 1 expands local flexibility parents and most of all, teachers, all Appropriations Committee will not and control by block-granting funds, understand how onerous additional fed- fully-fund each and every authorized consolidating some programs, and in- erally mandated testing provisions program. cludes another amendment that I spon- truly are. In my view, we should only vote to sored to allow local districts to spend I can assure you that there are many authorize what we are actually willing Title II funds, if they desire, on pupil teachers in Ohio who are going to be to appropriate. services personnel. saying, ‘‘here we go again.’’ That’s because, I am very sure that However, taken as a whole, S. 1 is fis- In addition, there are other provi- there will be tremendous pressure on cally irresponsible and violates my sions in this legislation that usurp the the appropriators to fully-fund the pro- deeply held principles of federalism. authority of states and local school grams included in this bill. And, at 62 Over the course of my 35 years of districts in their ability to make deci- percent over last year’s level, the pro- public service to the people of Ohio, I sions that will affect their students. grams in S. 1 just cost too much money have developed a passion for the issue For example, S. 1 lays out specific for this Congress to spend. of federalism—that is, assigning the steps that states and school districts In fact, I am concerned that the level appropriate role of the Federal Govern- must take to address failing schools. of spending in this bill will put us back ment in relation to State and local Also under S. 1, the Federal Govern- on the path towards a repeat of last government. ment would be able to tell States that year’s ‘‘budget busting’’ appropriations Our forefathers outlined this rela- its teachers in low-income schools cycle; a cycle that saw the Congress tionship in the 10th Amendment: must meet certain Federal qualifica- spend 14.3 percent more in non-defense The powers not delegated to the United tion and certification requirements. discretionary spending than the year States by the Constitution, nor prohibited Further, the Federal Government before. by it to the states, are reserved to the states would be able to continue to tell school That is why over the last few weeks, respectively, or to the people. districts how to spend funds in a num- I have been working with my friend Education is one such responsibility, ber of areas including: reading; teacher from Kentucky, Senator BUNNING, to and it has only been in the last 35 years development; technology; and pro- get the signatures of our Senate col- that the Federal government has had grams for students with limited leagues on a letter to President Bush much of a role to play in education pol- English language skills, instead of pro- to show him that we are willing to sup- icy, albeit a small one. viding States and local school districts port him in his efforts to instill fiscal As my colleagues know, the Federal with full flexibility to spend funds on discipline in the appropriations proc- Government currently provides ap- their own identified priorities. ess. proximately 7 percent of all money Besides violating a long-held prin- In addition, our letter is meant to spent on education in America, while ciple regarding State and local control put Congress on notice that excessive 93 percent of the money is provided at over schools, the bill’s fatal flaw is spending will not be tolerated. the state and local level. that it increases authorized and appro- Although President Bush has indi- In my view, S. 1 not only violates priated spending for education by more cated that he will not hesitate to use that principle of federalism and the than 62 percent over last year’s budget, his veto pen on spending bills, Senator proper role of the Federal Government and it demolishes the budget resolution BUNNING and I felt he needed a ‘‘Back- in education, it violates a principle that Congress recently passed. bone 34’’—a contingent of at least 34

VerDate 19-JUN-2001 01:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.044 pfrm03 PsN: S19PT1 S6444 CONGRESSIONAL RECORD — SENATE June 19, 2001 Senators who would agree to uphold two trillion, forty-four billion, four of fairness and equality both at home the President’s veto on bloated spend- hundred ninety-seven million. and abroad. ing bills, should it be necessary. Twenty-five years ago, June 18, 1976, Finally, I think of Homer Hickam, an I am pleased to say that Senator the Federal debt stood at aerospace engineer who, in spite of his BUNNING and I collected the signatures $610,653,000,000, six hundred ten billion, humble background, attended college of 35 Senators who have agreed to six hundred fifty-three million, which and achieved great professional suc- ‘‘vote against any congressional effort reflects a debt increase of more than $5 cess. Today, Homer attributes his ac- to override [vetoes] to enforce fiscal trillion, $5,024,033,176,609.17, five tril- complishments to the early influence discipline.’’ lion, twenty-four billion, thirty-three of an outstanding teacher. His story What these 35 signatures do is send million, one hundred seventy-six thou- demonstrates that educators inspire an important message to all of our col- sand, six hundred nine dollars and sev- students and open doors. Most impor- leagues regarding the need for the Sen- enteen cents during the past 25 years. tantly, it reminds us of why we should collectively invest in education. ate to stay within the budget resolu- f tion guidelines. Today, I commend all of West Vir- Simply put, the President will have ADDITIONAL STATEMENTS ginia’s heroes, those that are well the support he needs in Congress to known and those who remain anony- mous. I hope all Americans are inspired sustain his veto of spending bills that WEST VIRGINIA DAY are not fiscally responsible. by the generosity, integrity, and devo- ∑ Mr ROCKEFELLER. Mr. President, I tion displayed by the people of this As far as I am concerned, the ‘‘easy’’ ∑ vote would have been to vote in favor am enormously proud to reflect upon great State. of S. 1. However, I was not elected to West Virginia’s years of accomplish- f the Senate to take the easy votes and ment and good works on this, its 138th TRIBUTE TO TIM BEAULAC anniversary as a State. Among West hide from my responsibilities to the ∑ Mr. SMITH of New Hampshire. Mr. taxpayers of Ohio and this nation. Virginia’s greatest achievements are its outstanding citizens who have had President, I rise today to pay tribute It is high-time for us to stand-up and to Tim Beaulac of Gorham, NH, for show that we have the courage to be an influence, not only on their home State, but also on the Nation as a being named as the Pharmacist of the fiscally responsible, to prioritize our Year for the Northeast Region, which whole. West Virginia is home of some spending on the basis of those respon- includes Maine, New Hampshire and a of the country’s greatest educators, au- sibilities that are truly Federal in na- portion of Vermont. ture, and to make the tough choices. thors, and scientists. Like all great He achieved the award with the as- If Congress won’t do it, I hope the Americans, these luminaries worked sistance of other members of the phar- President will, because the American for the advancement of others. Like all macy staff at the Gorham WalMart people deserve to know that their gov- great West Virginians, they pursued Store including: assistant pharmacist, ernment is serving in their best inter- their goals while remembering their Kellie Lapointe, department manager, est. roots. Sandy Trottier, and pharmacy techni- In my view, the funding expectations I am reminded of Anna Jarvis, a cians Mona Garneau and Karen Taylor. that are established in S. 1 are just too teacher who longed to heal the rift be- Tim is a graduate of the Massachu- unrealistic, and if the President does tween brothers during the Civil War. setts College of Pharmacy and began not insist on a final bill that is more Miss Jarvis strove to provide a com- his career at Berlin City Drug as a fiscally responsible, I do not doubt that mon bond between all Americans, pharmacist for ten years. He also was my friends across the aisle will demand northern and southern, that could employed at the former City Drugs in that he fund ESEA to the fully author- serve as a stepping-stone toward a Gorham for several years. ized level in his next budget. more lasting peace. To this end, she Tim and his wife, Marylou, have one That’s why I urge President Bush to founded ‘‘Mother’s Friendship Day,’’ daughter, Holly, who is a sixth grader insist that the Members of the con- now known as Mother’s Day, which at Gorham Middle School. ference committee to S. 1 eliminate honors the sacrifices of all mothers. In- I commend Tim on this exemplary the enormous excess in spending that deed, Anna achieved her goal; and, she achievement and recognition in the this bill contains before it is sent back created a tradition that endures today. pharmaceutical industry. He has served to each of the respective Houses of Another West Virginian, author the citizens of Gorham with dedication and care for many years. The people of Congress for a final vote. Pearl S. Buck, sought much the same Gorham and our entire state have ben- By so doing, it will show the citizens goal. Ms. Buck’s revolutionary novel, efitted from his contributions. It is of this nation that their President ‘‘The Good Earth’’, highlighted the truly an honor and a privilege to rep- truly is not only the Education Presi- plight of poor women and children in resent him in the U.S. Senate.∑ dent, but that he cares about putting early-20 century China. In addition, an end to Congress’ spendthrift ways as Pearl worked tirelessly to advance the f well. civil rights movement, as well as the TRIBUTE TO COLONEL WILLIAM J. f women’s rights movement. Her efforts GRAHAM brought increased understanding and ∑ Mr. CLELAND. Mr. President, it is THE VERY BAD DEBT BOXSCORE tolerance for the underprivileged. with great pleasure that I rise today to Mr. HELMS. Mr. President, at the Pearl S. Buck was inspired by the tol- pay special tribute to an outstanding close of business yesterday, Monday, erance and charity of her fellow West soldier who has dedicated his life to the June 18, 2001, the Federal debt stood at Virginians and instilled these ideals in service of our Nation. Colonel William $5,634,686,176,609.17, five trillion, six a new generation of Americans. J. Graham will take off his uniform for hundred thirty-four billion, six hun- Like Anna and Pearl, Reverend Leon the last time this month as he retires dred eighty-six million, one hundred Sullivan recognized his ability to from the U.S. Army following 21 years seventy-six thousand, six hundred nine change the lives of others through ex- of active duty commissioned service. dollars and seventeen cents. ample. A Baptist minister, educator, Colonel Graham began his military Five years ago, June 18, 1996, the Fed- and civil rights activist, Leon also career with an appointment to the U.S. eral debt stood at $5,118,201,000,000, five served on the board of directors of the Military Academy at West Point. He trillion, one hundred eighteen billion, General Motors Corporation. There, he completed the rigorous course of study two hundred one million. promoted the idea of corporate respon- at the academy and graduated with a Ten years ago, June 18, 1991, the Fed- sibility abroad. His desire for racial Bachelor of Science degree, having fo- eral debt stood at $3,496,571,000,000, egalitarianism worldwide forged the cused his studies in the areas of gen- three trillion, four hundred ninety-six path for the Sullivan principles; these eral engineering and national security. billion, five hundred seventy-one mil- beliefs were instrumental in the aboli- He was commissioned a second lieuten- lion. tion of apartheid in South Africa. ant in 1980. Fifteen years ago, June 18, 1986, the Though he recently passed away, Rev- During Colonel Graham’s career as Federal debt stood at $2,044,497,000,000, erend Sullivan leaves a lasting legacy an Army aviator, he was selected to

VerDate 19-JUN-2001 02:53 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.048 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6445 command at every level from platoon systems to China which it is aiming at U.S. already delivered (and the four more to through brigade. He reorganized, built, forces and by the February 2001 Russian come) skim the ocean at twice the speed of and fine-tuned several record-setting military exercises that included mock nu- sound, can carry nuclear warheads and were organizations, and enjoyed making clear attacks against U.S. military units designed to sink U.S. aircraft carriers. In the viewed as opposing a Chinese invasion of Tai- 1990s, Russia sold China about $9 billion to things happen. His leadership, manage- wan. $20 billion in advanced weapons systems ment, problem-solving and team-build- The relationship between Russia and China aimed at U.S. forces (jet fighters, sub- ing skills have been proven during went from alliance in the 1950s to deep hos- marines, destroyers, anti-air/missile sys- combat, peacekeeping operations, and tility from 1960 to 1985 followed by gradual tems) with another $20 billion to $40 billion peacetime, and he is a proven expert in normalization during the Gorbachev years. in weapons and high-technology sales crisis management, organizational After 1991, Boris Yeltsin continued negotia- planned through 2004. The income from these planning, and training. tions to demarcate the disputed border but sales also helps Russia further modernize its kept a political distance because China re- Colonel Graham’s aviation units were strategic nuclear forces that currently have mained communist and had publicly wel- 4,000 warheads on about 1,000 ICBMs. among the most frequently deployed to comed the 1991 coup attempt by Soviet com- challenging international security en- A fourth negative result is that Russia and munist hard-liners and also opposed Mr. China are working together and in parallel vironments. During his career he Yeltsin’s democratic aspirations. to oppose any U.S. decision to deploy na- Mr. Yeltsin and the first President Bush served in and deployed to many of the tional or Asian regional missile defenses; had three summit meetings in 1992 and 1993, world’s ‘‘hotspots,’’ including Korea, they are seeking to persuade U.S. allies to and Russia declared its intention to move to- Germany, Bosnia, Macedonia, Hungary, oppose this and refuse cooperation. At the ward a ‘‘strategic partnership and in the fu- same time Russia has sold China one of its Croatia, Panama, Honduras, and Gre- ture, toward alliance’’ with the U.S. The mu- most advanced weapons (S–300), originally nada. Colonel’s Graham’s career cul- tually positive and hopeful initial relation- designed to shoot down the Pershing medium minated with duty as the Deputy Leg- ship with the new, post-Soviet Russia, also range missile as well as aircraft and cruise islative Assistant to the Chairman of included a signed agreement on reductions in missiles, along with a similar medium-range offensive nuclear weapons and a joint deci- the Joint Chiefs of Staff where he system (Tor-M1) in such quantity that China sion on modifying ‘‘existing agreements’’ served as liaison between the Nation’s is now in effect already deploying its own (including the ABM treaty) to permit global most senior military officer and the missile/air defense system on the coast. U.S. Senate. missile defense which both Presidents Yeltsin and Bush acknowledged were needed. Fifth, Russia and China have been pro- Colonel Graham’s retirement rep- Unfortunately the Clinton administration viding weapons of mass destruction compo- resents a loss to both the Joint Forces did not pursue the opportunity for Russian- nents, technology and expertise to a number and the U.S. Army. Throughout a ca- U.S. agreement on missile defense. of dictatorships such as North Korea, Iraq, reer of distinguished service, he has In April 1996, Mr. Yeltsin decided to agree Iran and Libya which are hostile to the made innumerable long-term and posi- with China on a ‘‘strategic partnership’’ and United States and its allies. Russia and increased Russian weapons sales. Through a China have also established military supply tive contributions to both the military links with Cuba and the pro-Castro Chavez and our Nation. As Colonel Graham series of regular summit meetings, China moved the ‘‘partnership’’ with Russia toward regime in Venezuela. The risk of conflict in- transitions to tackle new challenges in strategic alignment marked by an ever-larg- creases as all these dangerous regimes be- the business community, we will cer- er component of shared anti-U.S. political come militarily stronger and also believe tainly miss him and wish continued objectives (e.g. support for Iraq, opposition they are backed by both China and Russia. success for both him and his family.∑ to missile defense) along with increased Rus- The sixth negative result is that the ever- f sian military sales and military cooperation. closer relationship with China strengthens This was ignored by the previous administra- the authoritarian tendencies with Russia, THE GROWING ALLIANCE tion. thereby increasing the risk it will become BETWEEN RUSSIA AND CHINA As a result, for the first time in 40 years more aggressive internationally. While the the U.S. faces coordinated international ac- ∑ Mr. HELMS. Mr. President, Dr. Con- Chinese government develops relations with tions by China and Russia. This could have the Putin government and military, the Chi- stantine Menges has a distinguished six principal negative implications starting, nese Communist Party has revived direct re- career in the field of national security. first, with the fact that Russia has accepted lations with the Communist Party in Russia. He has written a timely piece on the and repeats most of communist China’s At their June 16, 2001, meeting in Slovenia, growing alliance between Russia and views about the U.S., for example that the it is urgent that President Bush seek to per- China. I hope my colleagues will read U.S. seeks to dominate the world. suade President Putin that Russia should as- this article and heed his expert advice. Second, the Chinese view of the coming sure the U.S. and the world that there is no July 2001 treaty emphasizes that, when one I ask that the article be printed in the open or secret military component to the of the parties to the treaty ‘‘experiences July 2001 China-Russia treaty. Mr. Bush RECORD. military aggression,’’ the other signatory The article follows: should remind Mr. Putin that the U.S. has no state should when requested ‘‘provide polit- territorial or other claims of any kind on [From the Washington Times, June 14, 2001] ical, economic, and military support and Russia. In contrast, communist China has on CHINA-RUSSIA: PREVENTING A MILITARY launch joint attacks against the invading numerous occasions during the 1950s and ALLIANCE forces.’’ through 1992 formally demanded that Russia As the American public has learned from ‘‘return’’ virtually all of the Russian Far (By Constantine Menges) the April 2001 reconnaissance aircraft event, East that China alleges was stolen by an ‘‘il- An important item on the agenda of Presi- China defines not only Taiwan but also most legal’’ 1860 treaty. Russia is arming a poten- dent Bush as he meets President Putin of of the international South China Sea and all tially very dangerous country, perhaps mak- Russia should be the new 30-year treaty of its islands as its sovereign territory. If the ing the same mistake Josef Stalin did in cooperation which the leaders of Russia and United States should threaten or take any selling weapons to arm Germany which then China are scheduled to sign in July 2001. type of counteraction (political, economic or attacked the Soviet Union in 1941. This treaty will formalize the ever-increas- military) against China to uphold the rights ing Chinese-Russian strategic coordination of US aircraft or ships in that international Unless Russia excludes such a military of recent years, which is intended to counter air and sea space or to help allies or other component in the new treaty, Mr. Bush the United States around the globe. countries defend themselves against coercion should indicate that the U.S. will view this Why would the leadership of China and by China, which has territorial disputes with as a China-Russia military alliance and a po- Russia believe they need to join for this pur- 11 neighboring countries including Japan and tentially grave threat to be met by the sig- pose? At their summit meeting in July 2000, India, China could define this as ‘‘black- nificant reductions in U.S. economic support Mr. Putin endorsed China’s view as expressed mail’’ and a violation of its ‘‘sovereignty’’. It for Russia directly, through debt restruc- in their joint statement that the U.S. ‘‘is would then hope to draw Russia in mili- turing, international institutions and trade seeking unilateral military and security ad- tarily, if only as a potential counter-threat access. Further the U.S. would see the need vantages’’ in the world. Mr. Putin also criti- as suggested by the February 2001 Russian to immediately accelerate movement toward cized the ‘‘economic and power domination military exercise. missile defense. of the United States’’ and agreed with China A third negative consequence is ever-in- The U.S. and its allies need to give the on the need to establish a still undefined creasing Russian military sales and other China-Russia strategic alignment effective ‘‘new political and economic order.’’ support for the buildup of Chinese advanced attention. With skill and foresight it is still The new China-Russia treaty will not only weapons systems specifically targeted at possible to turn back the momentum by mean a significantly increased political-stra- U.S. air, sea and electronic military capa- hard-liners in both Russia and China toward tegic challenge to the U.S., it will also pose bilities and vulnerabilities in the Pacific. more confrontation while adopting realistic additional military risks. These are illus- For example the Russian anti-ship missiles U.S. policies that maintain deterrence and trated by Russia’s sale of advanced weapons that accompany the two Russian destroyers peaceful relations.∑

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.050 pfrm03 PsN: S19PT1 S6446 CONGRESSIONAL RECORD — SENATE June 19, 2001 MESSAGES FROM THE PRESIDENT bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- on D.C. Act 14–68, ‘‘Child Fatality Review tation. Messages from the President of the Committee Establishment Temporary Act of EC–2497. A communication from the Senior United States were communicated to 2001’’; to the Committee on Governmental Legal Advisor to the Bureau Chief, Mass the Senate by Ms. Evans, one of his Affairs. Media Bureau, Federal Communications secretaries. EC–2487. A communication from the Chair- Commission, transmitting, pursuant to law, f man of the Council of the District of Colum- the report of a rule entitled ‘‘Amendment of bia, transmitting, pursuant to law, a report Section 73.622(b), Table of Allotments, DTV EXECUTIVE MESSAGES REFERRED on D.C. Act 14–70, ‘‘Earned Income Tax Cred- Broadcast Stations; Galesburg, IL’’ (Doc. No. As in executive session the Presiding it Act of 2001’’; to the Committee on Govern- 01–53) received on June 14, 2001; to the Com- Officer laid before the Senate messages mental Affairs. mittee on Commerce, Science, and Transpor- EC–2488. A communication from the Chair- tation. from the President of the United man of the Council of the District of Colum- EC–2498. A communication from the Senior States submitting sundry nominations bia, transmitting, pursuant to law, a report Legal Advisor to the Bureau Chief, Mass which were referred to the appropriate on D.C. Act 14–71, ‘‘Real Property Tax As- Media Bureau, Federal Communications committees. sessment Transition Temporary Act of 2001’’; Commission, transmitting, pursuant to law, (The nominations received today are to the Committee on Governmental Affairs. the report of a rule entitled ‘‘Amendment of printed at the end of the Senate pro- EC–2489. A communication from the Chair- Section 73.622(b), Table of Allotments, DTV ceedings.) man of the Council of the District of Colum- Broadcast Stations; Atlantic City, NJ’’ (Doc. bia, transmitting, pursuant to law, a report No. 01–49) received on June 14, 2001; to the f on D.C. Act 14–74, ‘‘51 Percent District Resi- Committee on Commerce, Science, and EXECUTIVE AND OTHER dents New Hires Amendment Act of 2001’’; to Transportation. COMMUNICATIONS the Committee on Governmental Affairs. EC–2499. A communication from the Acting EC–2490. A communication from the Chair- Director of the Office of Sustainable Fish- The following communications were man of the Council of the District of Colum- eries, National Marine Fisheries Service, De- laid before the Senate, together with bia, transmitting, pursuant to law, a report partment of Commerce, transmitting, pursu- accompanying papers, reports, and doc- on D.C. Act 14–72, ‘‘Department of Mental ant to law, the report of a rule entitled ‘‘At- uments, which were referred as indi- Health Establishment Temporary Amend- lantic Tuna Fisheries; Regulatory Adjust- cated: ment Act of 2001’’; to the Committee on Gov- ment; Deadline for Atlantic Tunas Permit ernmental Affairs. Category extended until May 31 for 2001 EC–2478. A communication from the Clerk EC–2491. A communication from the Senior only’’ (RIN0648–AP29) received on June 18, of the United States Court of Federal Legal Advisor to the Bureau Chief, Mass 2001; to the Committee on Commerce, Claims, transmitting, pursuant to law, a re- Media Bureau, Federal Communications Science, and Transportation. port relative to S. 1456; to the Committee on Commission, transmitting, pursuant to law, EC–2500. A communication from the Acting the Judiciary. the report of a rule entitled ‘‘Amendment of Deputy Director of the Financial Crimes En- EC–2479. A communication from the Regu- Section 73.622(b), Table of Allotments, DTV forcement Network, Department of the lations Coordinator of the Department of Broadcast Stations; Panama City, FL’’ (Doc. Treasury, transmitting, pursuant to law, the Health and Human Services, transmitting, No. 01–57) received on June 14, 2001; to the report of a rule entitled ‘‘Extension of a pursuant to law, the report of a rule entitled Committee on Commerce, Science, and Grant of Conditional Exception’’ received on ‘‘National Research Service Awards’’ Transportation. June 13, 2001; to the Committee on Banking, (RIN0925–AA16) received on June 18, 2001; to EC–2492. A communication from the Senior Housing, and Urban Affairs. the Committee on Health, Education, Labor, Legal Advisor to the Bureau Chief, Mass EC–2501. A communication from the Presi- and Pensions. Media Bureau, Federal Communications dent and Chairman, Export-Import Bank of EC–2480. A communication from the Acting Commission, transmitting, pursuant to law, the United States, transmitting, pursuant to Administrator of the Rural Utilities Service, the report of a rule entitled ‘‘Amendment of law, a report relative to a transaction in- Department of Agriculture, transmitting, Section 73.622(b), Table of Allotments, DTV volving U.S. exports to Chile; to the Com- pursuant to law, the report of a rule entitled Broadcast Stations; Great Falls, MT’’ (Doc. mittee on Banking, Housing, and Urban Af- ‘‘Water and Waste Disposal Programs Guar- No. 00–114) received on June 14, 2001; to the fairs. anteed Loans’’ (RIN0572–AB57) received on Committee on Commerce, Science, and EC–2502. A communication from the Dep- June 18, 2001; to the Committee on Agri- Transportation. uty Secretary of the Division of Corporation culture, Nutrition, and Forestry. EC–2493. A communication from the Senior Finance, Securities and Exchange Commis- EC–2481. A communication from the Execu- Legal Advisor to the Bureau Chief, Mass sion, transmitting, pursuant to law, the re- tive Resources and Special Programs Divi- Media Bureau, Federal Communications port of a rule entitled ‘‘Application of the sion, Environmental Protection Agency, Commission, transmitting, pursuant to law, Electronic Signatures in Global and National transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Amendment of Commerce Act to Record Retention Require- a nomination confirmed for the position of Section 73.622(b), Table of Allotments, DTV ments Pertaining to Issuers under the Secu- Deputy Administrator, received on June 14, Broadcast Stations; Oklahoma City, OK’’ rities Act of 1933, Securities Exchange Act of 2001; to the Committee on Environment and (Doc. No. 99–297) received on June 14, 2001; to 1934 and Regulation S–T’’ (RIN3235–AI14) re- Public Works. the Committee on Commerce, Science, and ceived on June 14, 2001; to the Committee on EC–2482. A communication from the Coun- Transportation. Banking, Housing, and Urban Affairs. sel to the Inspector General, United States EC–2494. A communication from the Senior EC–2503. A communication from the Under General Services Administration, transmit- Legal Advisor to the Bureau Chief, Mass Secretary for Export Administration, trans- ting, pursuant to law, the report of a va- Media Bureau, Federal Communications mitting, pursuant to law, a report relative to cancy and the designation of acting officer Commission, transmitting, pursuant to law, the export of ammonium nitrate; to the for the position of Inspector General, re- the report of a rule entitled ‘‘Amendment of Committee on Banking, Housing, and Urban ceived on June 8, 2001; to the Committee on Section 73.622(b), Table of Allotments, DTV Affairs. Governmental Affairs. Broadcast Stations; Monticello, Maine’’ EC–2504. A communication from the Acting EC–2483. A communication from the Dep- (Doc. No. 01–64) received on June 14, 2001; to Chair of the Federal Subsistence Board, Fish uty Secretary of Defense, transmitting, pur- the Committee on Commerce, Science, and and Wildlife Service, Department of the Inte- suant to law, a report relative to the Federal Transportation. rior, transmitting, pursuant to law, the re- Financial Assistance Management Improve- EC–2495. A communication from the Senior port of a rule entitled ‘‘Subsistence Manage- ment Act of 1999; to the Committee on Gov- Legal Advisor to the Bureau Chief, Mass ment Regulations for Public Lands in Alas- ernmental Affairs. Media Bureau, Federal Communications ka, Subpart C and D—2001–2002 Subsistence EC–2484. A communication from the Chair- Commission, transmitting, pursuant to law, Taking of Fish and Wildlife Regulations’’ man of the Council of the District of Colum- the report of a rule entitled ‘‘Amendment of (RIN1018–AG55) received on June 13, 2001; to bia, transmitting, pursuant to law, a report Section 73.622(b), Table of Allotments, DTV the Committee on Energy and Natural Re- on D.C. Act 14–67, ‘‘Arena Fee Rate Adjust- Broadcast Stations; Lima, OH’’ (Doc. No. 01– sources. ment and Elimination Act of 2001’’; to the 51) received on June 14, 2001; to the Com- EC–2505. A communication from the Acting Committee on Governmental Affairs. mittee on Commerce, Science, and Transpor- Director of the Office of Surface Mining, De- EC–2485. A communication from the Chair- tation. partment of the Interior, transmitting, pur- man of the Council of the District of Colum- EC–2496. A communication from the Senior suant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report Legal Advisor to the Bureau Chief, Mass ‘‘Kentucky Regulatory Program’’ (KY–230– on D.C. Act 14–69, ‘‘Advisory Neighborhood Media Bureau, Federal Communications FOR) received on June 18, 2001; to the Com- Commission Temporary Amendment Act of Commission, transmitting, pursuant to law, mittee on Energy and Natural Resources. 2001’’; to the Committee on Governmental the report of a rule entitled ‘‘Amendment of EC–2506. A communication from the Chief Affairs. Section 73.622(b), Table of Allotments, DTV of the Regulations Unit, Internal Revenue EC–2486. A communication from the Chair- Broadcast Stations; Butte, MT’’ (Doc. No. 01– Service, Department of the Treasury, trans- man of the Counsel of the District of Colum- 29) received on June 14, 2001; to the Com- mitting, pursuant to law, the report of a rule

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.052 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6447 entitled ‘‘Minimum Cost Requirement Per- ice System; to the Committee on Armed that go far beyond the seven ‘‘regulatory mitting the Transfer of Excess Assets of a Services. gaps’’ identified in the report; and Defined Benefit Pension Plan to a Retiree EC–2518. A communication from the Assist- Whereas, The BLM inserted several addi- Health Account’’ (RIN1545–AY43) received on ant Director for Executive and Political Per- tional provisions that ignored the findings of June 18, 2001; to the Committee on Finance. sonnel, Department of Defense, transmit- the NRC report, including a ‘‘mine veto’’ EC–2507. A communication from the Regu- ting, pursuant to law, the report of the dis- provision that was never subject to public re- lations Coordinator of the Department of continuation of service in acting role for the view and comment, as required by the fed- Health and Human Services, transmitting, position of Secretary of the Air Force; to the eral’’ Administrative Procedures Act’’ and pursuant to law, the report of a rule entitled Committee on Armed Services. the United States Constitution; and ‘‘State Child Health; Implementing Regula- EC–2519. A communication from the Dep- Whereas, The BLM further ignored the ad- tions for the State Children’s Health Insur- uty Secretary of Defense, transmitting, pur- vice and recommendations of the Western ance Program: Further Delay of Effective suant to law, a report relative to the identi- Governors Association, which specifically Date’’ (RIN0938–AI28) received on June 18, fication of the Requirements to Reduce the advised the BLM to adhere to the findings of 2001; to the Committee on Finance. Backlog of Maintenance and Repair of De- the NRC report; and EC–2508. A communication from the Regu- fense Facilities for 2001; to the Committee on Whereas, The State of Nevada and two in- lations Coordinator of the Department of Armed Services. dustry organizations have filed suit asking Health and Human Services, transmitting, EC–2520. A communication from the Assist- that the regulations which became effective pursuant to law, the report of a rule entitled ant Secretary of Defense, Force Management on the last day of the former presidential ad- ‘‘Medicare Program; Provisions of the Bene- Policy, transmitting, pursuant to law, a re- ministration be set aside; and fits Improvement and Protection Act of 2001; port relative to Army Communications-Elec- Whereas, The litigation calls into substan- Inpatient Payments and Rates and Costs of tronic Command Research, Development, tial question the validity of the 3809 regula- Graduate Medicaid Education’’ (RIN0938– and Engineering Community; to the Com- tions; and AK78) received on June 18, 2001; to the Com- mittee on Armed Services. Whereas, The BLM has conducted a pre- liminary review of the regulations, has con- mittee on Finance. f EC–2509. A communication from the Chair- cerns about ‘‘substantial policy and legal man of the United States International PETITIONS AND MEMORIALS issues’’ raised in these lawsuits, and wants to resolve such concerns before implementing a Trade Commission, transmitting, pursuant The following petitions and memo- to law, a report entitled ‘‘The Year in Trade new regulatory program; and 2000’’; to the Committee on Finance. rials were laid before the Senate and Whereas, The BLM published a proposal on EC–2510. A communication from the Assist- were referred or ordered to lie on the March 23, 2001, 66 Federal Register 16162, to ant Director for Executive and Political Per- table as indicated: suspend all or some parts of the regulations sonnel, Department of the Navy, transmit- POM–107. A resolution adopted by the City that took effect on January 20, 2001, pending ting, pursuant to law, the report of the dis- Council of North Olmsted, Ohio relative to a complete review of the issues; and Whereas, If such regulations were sus- continuation of service in acting role for the national health care insurance plan; to the pended, mining activities would be subject to position of Secretary of the Navy; to the Committee on Health, Education, Labor, and the state and federal laws and regulations Committee on Armed Services. Pensions. that the NRC found to be effective in pro- EC–2511. A communication from the Assist- POM–108. A resolution adopted by the tecting the environment and that were in ant Director for Executive and Political Per- House of the Legislature of the State of Col- place prior to the adoption of the current sonnel, Department of Defense, transmit- orado relative to federal regulation gov- scheme; and ting, pursuant to law, the report of the dis- erning mining on public lands; to the Com- Whereas, The BLM’s and the new presi- continuation of service in acting role for the mittee on Energy and Natural Resources. position of Under Secretary of Defense (Ac- dential administration’s actions once again HOUSE RESOLUTION 01–1015 quisition, Technology and Logistics); to the demonstrate the willingness to provide a bal- Committee on Armed Services. Whereas, The regulations at 43 C.F.R. Part ance between important goals of environ- EC–2512. A communication from the Assist- 3809 (3809 regulations) governing the manage- mental protection and responsible develop- ant Director for Executive and Political Per- ment of mining operations for hardrock min- ment of our nation’s mineral resources; now, sonnel, Department of Defense, transmit- erals on federal lands that were published by therefore, be it ting, pursuant to law, the report of the dis- the Bureau of Land Management (BLM) on Resolved by the House of Representatives of continuation of service in acting role for the November 21, 2000, 65 Federal Register 69998, the Sixty-third General Assembly of the State of position of Under Secretary of Defense (Per- and which became effective January 20, 2001, Colorado; sonnel and Readiness); to the Committee on will have substantial adverse impacts on the That the Colorado House of Representa- Armed Services. mining industry in Colorado and throughout tives hereby expresses its support for the ac- EC–2513. A communication from the Assist- the United States; and tion of the Department of the Interior and ant Director for Executive and Political Per- Whereas, The BLM has forecast that the the Bureau of Land Management in review- sonnel, Department of Defense, transmit- implementation of the regulations will re- ing and proposing to suspend the 3809 regula- ting, pursuant to law, the report of the dis- sult in the loss of up to 6,000 jobs, costing tions that took effect on January 20, 2001. continuation of service in acting role for the American workers almost $400 million in per- That the Colorado House of Representa- position of Department of Defense General sonal income, and the agency also projects tives urges the Bureau of Land Management Counsel; to the Committee on Armed Serv- that mine production from public lands to promulgate new 3809 regulations that ad- ices. under the regulations could also decline by here to the specific recommendations of the EC–2514. A communication from the Assist- as much as 30% or $484 million; and report of the National Research Council of ant Director for Executive and Political Per- Whereas, The regulations would also im- the National Academy of Sciences entitled sonnel, Department of Defense, transmit- pose massive additional obligations on state Hardrock Mining on Federal Lands, as the ting, pursuant to law, the report of a nomi- regulators charged with the responsibility of United States Congress has mandated. Be it nation for the position of Assistant Sec- regulating mining on public lands through further retary of the Navy (Manpower and Reserve cooperative agreements with the BLM; and Resovled, That copies of this resolution be Affairs); to the Committee on Armed Serv- Whereas, Congress commissioned the Na- transmitted to the President of the United ices. tional Research Council (NRC) of the Na- States; to the United States Department of EC–2515. A communication from the Assist- tional Academy of Sciences to conduct a the Interior, Bureau of Land Management, ant Director for Executive and Political Per- comprehensive analysis of mining regula- Washington, D.C.; to the Honorable Gale sonnel, Department of Defense, transmit- tions; and Norton, Secretary of the Interior, Wash- ting, pursuant to law, the report of a nomi- Whereas, Congress prohibited the BLM ington, D.C.; and to the United States House nation for the position of General Counsel of from promulgating final 3809 regulations, ex- of Representatives and the United States the Department of the Army; to the Com- cept for revisions that are ‘‘not inconsistent Senate. mittee on Armed Services. with’’ the recommendations contained with- EC–2516. A communication from the Assist- in the NRC report, Hardrock Mining on Fed- POM–109. A joint resolution adopted by the ant Director for Executive and Political Per- eral Lands, published in 1999; and Legislature of the State of Colorado relative sonnel, Department of Defense, transmit- Whereas, The NRC report concluded that to the Railroad Retirement and Survivors ting, pursuant to law, the report of the dis- the existing array of federal and state laws Improvement Act; to the Committee on Fi- continuation of service in acting role for the regulating mining is ‘‘generally effective’’ in nance. position of Assistance Secretary of Defense protecting the environment, and that ‘‘im- HOUSE JOINT RESOLUTION 01–1012 (Force Management Policy); to the Com- provements in the implementation of exist- Whereas, The Railroad Retirement and mittee on Armed Services. ing regulations present the greatest oppor- Survivors Improvement Act of 2000 was ap- EC–2517. A communication from the Dep- tunity for improving environmental protec- proved in a bipartisan effort by 391 members uty Director, Selective Service System, tions’’; and of the United States House of Representa- transmitting, pursuant to law, the report of Whereas, Notwithstanding the unequivocal tives in the 106th Congress, including Rep- a nomination and a nomination confirmed findings of the NRC report, the BLM pub- resentatives Diana DeGette, Scott McInnis, for the position of Director, Selective Serv- lished amendments to the 3809 regulations Thomas Tancredo, and Mark Udall; and

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.053 pfrm03 PsN: S19PT1 S6448 CONGRESSIONAL RECORD — SENATE June 19, 2001 Whereas, More than 80 United States Sen- and streams that contribute to the annual tucky and Tennessee for addition to Cum- ators, including Senator Ben Nighthorse occurrence of hypoxia in the Gulf of Mexico, berland Gap National Historic Park, and for Campbell, signed letters of support for this while aiding rural communities and benefit- other purposes; to the Committee on Energy legislation; and ting farmers; and and Natural Resources. Whereas, The bill now before the 107th Whereas, agricultural conservation incen- By Mr. DURBIN (for himself, Ms. COL- Congress modernizes the railroad retirement tive programs are an efficient and effective LINS, Mr. BIDEN, Mrs. CLINTON, Mr. system for its 748,000 beneficiaries nation- use of tax dollars to restore habitats and pre- FEINGOLD, Mrs. FEINSTEIN, Mr. JOHN- wide, including over 9,000 Colorado citizens; vent the degradation of soil, water, and habi- SON, and Mr. INOUYE): and tat over a long term and, with WRP and S. 1062. A bill to amend the Public Health Whereas, Railroad management, labor, and CRP, overproduction of crops and direct sub- Service Act to promote organ donation and retiree organizations have agreed to support sidy payments are reduced; and facilitate interstate linkage and 24-hour ac- this legislation; and Whereas, the Lower Mississippi Valley Ini- cess to State donor registries, and for other Whereas, This legislation provides tax re- tiative (LMVI), a multi-state partnership to purposes; to the Committee on Health, Edu- lief to freight railroads, Amtrak, and com- address agriculturally based environment cation, Labor, and Pensions. muter lines; and stewardship consisting of producers, univer- By Mr. ROCKEFELLER (by request): Whereas, This legislation provides benefit sities, natural resource agencies, and con- S. 1063. A bill to amend chapter 72 of title improvements for surviving spouses of rail servation organizations in Louisiana, Arkan- 38, United States Code, to improve the ad- workers who currently suffer deep cuts in in- sas, Mississippi, Missouri, Kentucky, and ministration of the United States Court of come when the rail worker retiree dies; and Tennessee formed to inform the process of Appeals for Veterans Claims; to the Com- Whereas, No outside contributions from developing the conservation provisions of the mittee on Veterans’ Affairs. taxpayers are needed to implement the next farm bill, has recognized the impor- By Mr. BOND (for himself, Mr. REID, changes called for in this legislation; and tance to the environment, the farming com- Mr. SMITH of New Hampshire, Mr. Whereas, All changes will be paid for from munity, and the future of agriculture of stra- KERRY, Mr. WARNER, Mr. CHAFEE, Mr. within the railroad industry, including a full tegically enlarging and enhancing farm bill WYDEN, Mr. CLELAND, Mr. ENSIGN, share to be paid by active employees; now, conservation programs; and and Ms. LANDRIEU): therefore, be it Whereas, although agricultural conserva- S. 1064. A bill to amend the Comprehensive Resolved by the House of Representatives of tion programs authorized by the 1996 farm Environmental Response, Compensation, and the Sixth-third General Assembly of the State of bill have reached their acreage and funding Liability Act of 1980 to provide certain relief Colorado, the Senate concurring herein: caps, additional funding has not been in- from liability for small businesses; to the That the Colorado General Assembly urges cluded in the proposed FY 2002 budget; and Committee on Environment and Public the United States Congress to enact the Whereas, legislation has been introduced in Works. Railroad Retirement and Survivors Improve- Congress to expand agricultural conserva- f ment Act in the 107th Congress. Be it further tion programs to meet the needs of farmers Resolved, That copies of this Joint Resolu- and the environment until the next farm bill SUBMISSION OF CONCURRENT AND tion be sent to the President of the United is enacted. Therefore, be it SENATE RESOLUTIONS States, the President of the United States Resolved, That the Legislature of Louisiana The following concurrent resolutions Senate, the Speaker of the United States does hereby urge and request the president of and Senate resolutions were read, and House of Representatives, and each member the United States and memorializes the Con- referred (for acted upon), as indicated: of the Colorado Congressional delegation. gress of the United States to expand and fund federal agricultural conservation pro- By Mrs. BOXER (for herself and Mrs. POM–110. A concurrent resolution adopted grams, including the Conservation Reserve, FEINSTEIN): S. Res. 113. A resolution congratulating the by the Legislature of the State of Louisiana Wetlands Reserve, Environmental Quality Los Angeles Lakers on their second consecu- relative to increasing funding for agricul- Incentives, Wildlife Habitat Improvement, tive National Basketball Association cham- tural conservation programs; to the Com- and Forestry Incentives Programs. Be it fur- pionship; considered and agreed to. mittee on Appropriations. ther By Mr. BROWNBACK (for himself and SENATE CONCURRENT RESOLUTION NO. 134 Resolved, That a copy of this Resolution Mr. LOTT): shall be transmitted to the President of the Whereas, since the adoption of the 1985 S. Con. Res. 51. A concurrent resolution United States, the Secretary of the United Farm Bill and subsequent iterations of fed- recognizing the historical significance of States Senate, the clerk of the United States eral farm legislation in 1990 and 1996, U.S. Juneteenth Independence Day and expressing House of Representatives, and to each mem- agriculture policy has included major vol- the sense of Congress that history be re- ber of the Louisiana delegation to the Con- untary conservation incentive programs garded as a means of understanding the past gress of the United States. such as the Conservation Reserve Program and solving the challenges of the future; to (CRP) and Wetlands Reserve Program f the Committee on the Judiciary. (WRP); and f Whereas, the most popular of the federal INTRODUCTION OF BILLS AND agricultural conservation programs in Lou- JOINT RESOLUTIONS ADDITIONAL COSPONSORS isiana have been the WRP with 368 approved The following bills and joint resolu- S. 127 easements on 137,632 acres, the Environ- tions were introduced, read the first mental Quality Incentives Program (EQIP) At the request of Mr. MCCAIN, the with 4,803 approved contracts on 494,006 and second times by unanimous con- name of the Senator from New York acres, the Wildlife Habitat Incentives Pro- sent, and referred as indicated: (Mr. SCHUMER) was added as a cospon- gram (WHIP) with 168 contracts on 12,900 By Mr. HUTCHINSON (for himself and sor of S. 127, a bill to give American acres, and the Forestry Incentives Program Mr. DAYTON): companies, American workers, and (FIP) with all available funds having been al- S. 1058. A bill to amend the Internal Rev- American ports the opportunity to located; and enue Code of 1986 to provide tax relief for compete in the United States cruise farmers and the producers of biodiesel, and Whereas, Louisiana has the most easement market. acres enrolled in the WRP of all partici- for other purposes; to the Committee on Fi- pating states, 407 pending applications on nance. S. 170 over 102,000 acres, and a potential WRP en- By Mr. BAYH: At the request of Mr. REID, the name rollment demand of up to 474,000 acres; and S. 1059. A bill to amend the Internal Rev- of the Senator from South Carolina Whereas, Louisiana is second only to Texas enue Code of 1986 to provide that certain (Mr. THURMOND) was added as a cospon- in the number of EQIP contracts with an es- postsecondary educational benefits provided sor of S. 170, a bill to amend title 10, timated potential demand of three to four by an employer to children of employees United States Code, to permit retired times the allocation currently available and shall be excludable from gross income as a members of the Armed Forces who only one out of every four applications for scholarship; to the Committee on Finance. assistance able to be funded; and By Mr. BAYH: have a service-connected disability to Whereas, the demand for participation in S. 1060. A bill to amend the Internal Rev- receive both military retired pay by WHIP and FIP also exceeds available funds; enue Code of 1986 to provide that certain reason of their years of military serv- and postsecondary educational benefits provided ice and disability compensation from Whereas, CRP, which benefits Louisiana by an employer to children of employees the Department of Veterans Affairs for primarily through improving upstream shall be excludable from gross income as their disability. water quality and providing nesting habitats part of an educational assistance program; S. 312 for waterfowl and other migratory birds, and to the Committee on Finance. OHNSON these other agricultural programs have pro- By Mr. MCCONNELL: At the request of Mr. J , his found beneficial impacts on wildlife habitat S. 1061. A bill to authorize the Secretary of name was added as a cosponsor of S. and water quality in our state, including the Interior to acquire Fem Lake and the 312, a bill to amend the Internal Rev- ameliorating the nutrient loading of rivers surrounding watershed in the States of Ken- enue Code of 1986 to provide tax relief

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.069 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6449 for farmers and fishermen, and for AKAKA) was added as a cosponsor of S. provide enhanced benefits to employees other purposes. 550, a bill to amend part E of title IV of and beneficiaries. S. 318 the Social Security Act to provide eq- S. 718 At the request of Mr. DASCHLE, the uitable access for foster care and adop- At the request of Mr. MCCAIN, the name of the Senator from Washington tion services for Indian children in name of the Senator from North Caro- (Ms. CANTWELL) was added as a cospon- tribal areas. lina (Mr. HELMS) was added as a co- sor of S. 318, a bill to prohibit discrimi- S. 556 sponsor of S. 718, a bill to direct the nation on the basis of genetic informa- At the request of Mr. JEFFORDS, the National Institute of Standards and tion with respect to health insurance. name of the Senator from Wisconsin Technology to establish a program to S. 321 (Mr. FEINGOLD) was added as a cospon- support research and training in meth- At the request of Mr. GRASSLEY, the sor of S. 556, a bill to amend the Clean ods of detecting the use of perform- name of the Senator from Texas (Mrs. Air Act to reduce emissions from elec- ance-enhancing drugs by athletes, and HUTCHISON) was added as a cosponsor of tric powerplants, and for other pur- for other purposes. S. 321, a bill to amend title XIX of the poses. S. 721 Social Security Act to provide families S. 583 At the request of Mr. HUTCHINSON, of disabled children with the oppor- At the request of Mr. KENNEDY, the the name of the Senator from New Jer- tunity to purchase coverage under the name of the Senator from South Da- sey (Mr. CORZINE) was added as a co- medicaid program for such children, kota (Mr. JOHNSON) was added as a co- sponsor of S. 721, a bill to amend the and for other purposes. sponsor of S. 583, a bill to amend the Public Health Service Act to establish S. 345 Food Stamp Act of 1977 to improve nu- a Nurse Corps and recruitment and re- At the request of Mr. ALLARD, the trition assistance for working families tention strategies to address the nurs- names of the Senator from Colorado and the elderly, and for other purposes. ing shortage, and for other purposes. (Mr. CAMPBELL), the Senator from Wy- S. 611 S. 805 oming (Mr. ENZI), and the Senator from At the request of Ms. MIKULSKI, the At the request of Mr. WELLSTONE, the Arizona (Mr. MCCAIN) were added as co- name of the Senator from Louisiana names of the Senator from Washington sponsors of S. 345, a bill to amend the (Ms. LANDRIEU) was added as a cospon- (Ms. CANTWELL) and the Senator from Animal Welfare Act to strike the limi- sor of S. 611, a bill to amend title II of Idaho (Mr. CRAPO) were added as co- tation that permits interstate move- the Social Security Act to provide that sponsors of S. 805, a bill to amend the ment of live birds, for the purpose of the reduction in social security bene- Public Health Service Act to provide fighting, to States in which animal fits which are required in the case of for research with respect to various fighting is lawful. spouses and surviving spouses who are forms of muscular dystrophy, including S. 347 also receiving certain Government pen- Duchenne, Becker, limb girdle, con- At the request of Mr. THOMAS, the sions shall be equal to the amount by genital, facioscapulohumeral, name of the Senator from Idaho (Mr. which two-thirds of the total amount myotonic, oculopharyngeal, distal, and CRAIG) was added as a cosponsor of S. of the combined monthly benefit (be- emery-dreifuss muscular dystrophies. 347, a bill to amend the Endangered fore reduction) and monthly pension S. 824 Species Act of 1973 to improve the proc- exceeds $1,200, adjusted for inflation. At the request of Mr. GRAHAM, the esses for listing, recovery planning, S. 651 name of the Senator from Hawaii (Mr. and delisting, and for other purposes. At the request of Mr. REED, the name INOUYE) was added as a cosponsor of S. S. 392 of the Senator from Massachusetts 824, a bill to establish an informatics At the request of Mr. SARBANES, the (Mr. KENNEDY) was added as a cospon- grant program for hospitals and skilled names of the Senator from Maine (Ms. sor of S. 651, a bill to provide for the es- nursing facilities. COLLINS) and the Senator from Dela- tablishment of an assistance program S. 837 ware (Mr. BIDEN) were added as cospon- for health insurance consumers. sors of S. 392, a bill to grant a Federal At the request of Mr. BOND, the name Charter to Korean War Veterans Asso- S. 654 of the Senator from Virginia (Mr. ciation, Incorporated, and for other At the request of Mr. TORRICELLI, the ALLEN) was added as a cosponsor of S. purposes. name of the Senator from Alaska (Mr. 837, a bill to amend the Internal Rev- MURKOWSKI) was added as a cosponsor enue Code of 1986 to provide a safe har- S. 454 of S. 654, a bill to amend the Internal bor for determining that certain indi- At the request of Mr. BINGAMAN, the name of the Senator from Colorado Revenue Code of 1986 to restore, in- viduals are not employees. crease, and make permanent the exclu- (Mr. CAMPBELL) was added as a cospon- S. 847 sor of S. 454, a bill to provide perma- sion from gross income for amounts re- At the request of Mr. DAYTON, the nent funding for the Bureau of Land ceived under qualified group legal serv- names of the Senator from Idaho (Mr. Management Payment in Lieu of Taxes ices plans. CRAIG) and the Senator from North program and for other purposes. S. 657 Carolina (Mr. HELMS) were added as co- S. 530 At the request of Mr. LUGAR, the sponsors of S. 847, a bill to impose tar- At the request of Mr. GRASSLEY, the names of the Senator from Arkansas iff-rate quotas on certain casein and name of the Senator from Rhode Island (Mrs. LINCOLN), the Senator from Ar- milk protein concentrates. (Mr. CHAFEE) was added as a cosponsor kansas (Mr. HUTCHINSON), and the Sen- S. 859 of S. 530, a bill to amend the Internal ator from Iowa (Mr. GRASSLEY) were At the request of Mr. THOMAS, the Revenue Code of 1986 to provide a 5- added as cosponsors of S. 657, a bill to names of the Senator from North Caro- year extension of the credit for pro- authorize funding for the National 4-H lina (Mr. EDWARDS) and the Senator ducing electricity from wind. . Program Centennial Initiative. from Montana (Mr. BURNS) were added S. 543 S. 688 as cosponsors of S. 859, a bill to amend At the request of Mr. WELLSTONE, the At the request of Mr. SCHUMER, the the Public Health Service Act to estab- name of the Senator from Arkansas name of the Senator from New York lish a mental health community edu- (Mrs. LINCOLN) was added as a cospon- (Mrs. CLINTON) was added as a cospon- cation program, and for other purposes. sor of S. 543, a bill to provide for equal sor of S. 688, a bill to amend title 49, S. 860 coverage of mental health benefits United States Code, relating to the air- At the request of Mr. GRASSLEY, the with respect to health insurance cov- port noise and access review program. names of the Senator from Hawaii (Mr. erage unless comparable limitations S. 697 AKAKA) and the Senator from Maine are imposed on medical and surgical At the request of Mr. BAUCUS, the (Ms. COLLINS) were added as cosponsors benefits. name of the Senator from Florida (Mr. of S. 860, a bill to amend the Internal S. 550 GRAHAM) was added as a cosponsor of S. Revenue Code of 1986 to provide for the At the request of Mr. DASCHLE, the 697, a bill to modernize the financing of treatment of certain expenses of rural name of the Senator from Hawaii (Mr. the railroad retirement system and to letter carriers.

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.054 pfrm03 PsN: S19PT1 S6450 CONGRESSIONAL RECORD — SENATE June 19, 2001 S. 871 Con. Res. 35, a concurrent resolution based products. I believe a tax incen- At the request of Mr. CLELAND, the expressing the sense of Congress that tive for soy-based biodiesel will in- name of the Senator from Vermont Lebanon, Syria, and Iran should allow crease domestic production and cap- (Mr. LEAHY) was added as a cosponsor representatives of the International ture the agricultural, environmental of S. 871, a bill to amend chapter 83 of Committee of the Red Cross to visit and economical benefits associated title 5, United States Code, to provide the four Israelis, Adi Avitan, Binyamin with using this renewable source of en- for the computation of annuities for air Avraham, Omar Souad, and Elchanan ergy. traffic controllers in a similar manner Tannenbaum, presently held by Most Americans don’t realize that as the computation of annuities for law Hezbollah forces in Lebanon. farm communities sit atop a vast and enforcement officers and firefighters. S. CON. RES. 37 virtually untapped source of renewable S. 917 At the request of Mr. LIEBERMAN, the fuels in the form of agriculture crops. At the request of Ms. COLLINS, the name of the Senator from Michigan Farmers in Arkansas are interested in name of the Senator from Massachu- (Ms. STABENOW) was added as a cospon- developing new markets for soybean setts (Mr. KENNEDY) was added as a co- sor of S. Con. Res. 37, a concurrent res- and oilseed products. In Arkansas for sponsor of S. 917, a bill to amend the olution expressing the sense of Con- example, farmers grew 94 million bush- Internal Revenue Code of 1986 to ex- gress on the importance of promoting els, or 2.5 million metric tons, of soy- clude from gross income amounts re- electronic commerce, and for other beans last year. Nationally, farmers ceived on account of claims based on purposes. produced 2.6 billion bushels of soybeans certain unlawful discrimination and to S. CON. RES. 45 in 1999–2000, equal to 72 million metric allow income averaging for backpay At the request of Mr. FITZGERALD, tons. The oil derived from soybeans and frontpay awards received on ac- the name of the Senator from New Jer- and other oilseed crops can be refined count of such claims, and for other pur- sey (Mr. CORZINE) was added as a co- into a diesel additive or diesel alter- poses. sponsor of S. Con. Res. 45 , a concur- native. According to a USDA study re- S. 940 rent resolution expressing the sense of leased in 1996, an annual market for At the request of Mr. DODD, the name Congress that the Humane Methods of biodiesel of 100 million gallons in the of the Senator from Minnesota (Mr. Slaughter Act of 1958 should be fully United States would raise the price of DAYTON) was added as a cosponsor of S. enforced so as to prevent needless suf- soybeans by up to seven cents per bush- 940, a bill to leave no child behind. fering of animals. el. Given the recent U.S. soybean crop, S. 1014 f that kind of annual market would re- At the request of Mr. BUNNING, the sult in more than $168 million directly name of the Senator from North Caro- STATEMENTS ON INTRODUCED related to the use of soy-based bio- lina (Mr. HELMS) was added as a co- BILLS AND JOINT RESOLUTIONS diesel. sponsor of S. 1014, a bill to amend the By Mr. HUTCHINSON (for him- Producing biodiesel domestically Social Security Act to enhance privacy self and Mr. DAYTON): also means that more money stays in protections for individuals, to prevent S. 1058. A bill to amend the Internal the U.S. Instead of purchasing more fraudulent misuse of the Social Secu- Revenue Code of 1986 to provide tax re- foreign petroleum, manufacturers can rity account number, and for other lief for farmers and the producers of reduce their dependence on overseas oil purposes. biodiesel, and for other purposes; to the by adding biodiesel blends for use in ex- S. 1030 Committee on Finance. isting diesel engines. If domestic com- At the request of Mr. CONRAD, the Mr. HUTCHINSON. Mr. President, panies are encouraged to develop the name of the Senator from Louisiana the debate over energy use in America infrastructure necessary to produce (Ms. LANDRIEU) was added as a cospon- has gripped our national attention for more biodiesel, the economic effect sor of S. 1030, a bill to improve health well over a year. A week doesn’t go by will be more U.S. jobs, lower prices for care in rural areas by amending title that you don’t pick up a newspaper or the consumer and larger markets for XVIII of the Social Security Act and magazine and read at least one story farmers. the Public Health Service Act, and for about our Nation’s domestic or foreign Developing markets for agricultural other purposes. energy crisis. One issue in the energy commodities and reducing our depend- S. 1037 debate that has caught my attention and that of farmers in my State is re- ence on foreign oil is good, but there At the request of Mrs. HUTCHISON, the are environmental benefits as well. It names of the Senator from Idaho (Mr. newable fuels. The technology to convert agricul- is well documented that the burning of CRAIG) and the Senator from North Da- tural crops into combustible fuel, suit- biofuels in combustion engines reduces kota (Mr. DORGAN) were added as co- the emissions of harmful greenhouse sponsors of S. 1037, a bill to amend title able for use in modern diesel and gaso- line engines, has existed for more than gases and particulate matter. In fact, 10, United States Code, to authorize biodiesel passes some of the Environ- disability retirement to be granted 100 years. I believe this process con- tinues to hold great potential for mental Protection Agency’s most posthumously for members of the stringent emissions and health stand- Armed Forces who die in the line of America. The production and use of biofuels offers our Nation a safe, re- ards for fuel additives and fuel alter- duty while on active duty, and for natives. This becomes important when other purposes. newable source of energy for travel and transport, not to mention the long- you consider the EPA’s recent an- S. 1041 term economic benefits for farmers and nouncement that California should At the request of Ms. COLLINS, her consumers. continue to use ethanol as a fuel oxy- name was added as a cosponsor of S. That is why I rise today to introduce genate to improve air quality. As more 1041, a bill to establish a program for the Biodiesel Renewable Fuels Act. I cities and States are faced with having an information clearinghouse to in- am pleased that Senator DAYTON has to improve the quality of their air, I crease public access to defibrillation in joined with me as my lead cosponsor. believe biofuels are a sensible alter- schools. This bill encourages the use of bio- native to existing oxygenates which S. 1050 diesel by establishing a tax credit for are not as friendly to the environment At the request of Mr. SANTORUM, the manufacturers who produce a blend of or human health. name of the Senator from New Hamp- conventional diesel and soybean or oil- If using biodiesel improves air qual- shire (Mr. SMITH) was added as a co- seed additives. By reducing the diesel ity, reduces our dependence on foreign sponsor of S. 1050, a bill to protect in- fuel excise tax, suppliers will receive a oil and provides a value-added market fants who are born alive. 3-cent-per-gallon credit for using a die- for soybean and oilseed crops, then we S. CON. RES. 35 sel blend that contains at least 2 per- should support legislation to further At the request of Mr. SCHUMER, the cent biodiesel. This tax credit is very development of this renewable source name of the Senator from Maine (Ms. similar to the existing tax incentive of fuel. My bill is good for farmers, it’s COLLINS) was added as a cosponsor of S. for ethanol, a biofuel made from corn- good for consumers and it’s good for

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.054 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6451 the environment. I ask unanimous con- ‘‘(C) CASUAL OFF-FARM PRODUCTION NOT ELI- the unused business credit for any taxable sent that the text of the Biodiesel Re- GIBLE.—No credit shall be allowed under this year which is attributable to the biodiesel newable Fuels Act be printed in the section with respect to any casual off-farm fuels credit determined under section 40A production of a qualified biodiesel mixture. may be carried back to a taxable year begin- RECORD. ‘‘(c) COORDINATION WITH EXEMPTION FROM ning before January 1, 2003.’’ There being no objection, the bill was EXCISE TAX.—The amount of the credit de- (2) Section 196(c) is amended by striking ordered to be printed in the RECORD, as termined under this section with respect to ‘‘and’’ at the end of paragraph (9), by strik- follows: any biodiesel shall, under regulations pre- ing the period at the end of paragraph (10), S. 1058 scribed by the Secretary, be properly reduced and by adding at the end the following: Be it enacted by the Senate and House of Rep- to take into account any benefit provided ‘‘(11) the biodiesel fuels credit determined resentatives of the United States of America in with respect to such biodiesel solely by rea- under section 40A.’’ Congress assembled, son of the application of section 4041(n) or (3) The table of sections for subpart D of section 4081(f). SECTION 1. SHORT TITLE; ETC. part IV of subchapter A of chapter 1 is ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For (a) SHORT TITLE.—This Act may be cited as amended by adding after the item relating to purposes of this section— section 40 the following new item: the ‘‘Biodiesel Renewable Fuels Act’’. ‘‘(1) BIODIESEL DEFINED.— (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(A) IN GENERAL.—The term ‘biodiesel’ ‘‘Sec. 40A. Biodiesel used as fuel.’’ otherwise expressly provided, whenever in means the monoalkyl esters of long chain (d) EFFECTIVE DATE.—The amendments this Act an amendment or repeal is ex- fatty acids derived from vegetable oils for made by this section shall apply to taxable pressed in terms of an amendment to or a re- use in compressional-ignition (diesel) en- years beginning after December 31, 2001. peal of a section or other provision, the ref- gines. Such term shall include esters derived SEC. 3. REDUCTION OF MOTOR FUEL EXCISE erence shall be considered to be made to a from vegetable oils from corn, soybeans, sun- TAXES ON BIODIESEL MIXTURES. section or other provision of the Internal flower seeds, cottonseeds, canola, crambe, (a) IN GENERAL.—Section 4081 (relating to Revenue Code of 1986. rapeseeds, safflowers, flaxseeds, and mustard manufacturers tax on petroleum products) is SEC. 2. CREDIT FOR BIODIESEL USED AS FUEL. seeds. amended by adding at the end the following (a) IN GENERAL.—Subpart D of part IV of ‘‘(B) REGISTRATION REQUIREMENTS.—Such new subsection: subchapter A of chapter 1 (relating to busi- term shall only include a biodiesel which ‘‘(f) BIODIESEL MIXTURES.—Under regula- ness related credits) is amended by inserting meets the registration requirements for fuels tions prescribed by the Secretary— after section 40 the following new section: and fuel additives established by the Envi- ‘‘(1) IN GENERAL.—In the case of the re- ‘‘SEC. 40A. BIODIESEL USED AS FUEL. ronmental Protection Agency under section moval or entry of a qualified biodiesel mix- ‘‘(a) GENERAL RULE.—For purposes of sec- 211 of the Clean Air Act (42 U.S.C. 7545). ture, the rate of tax under subsection (a) tion 38, the biodiesel fuels credit determined ‘‘(2) BIODIESEL MIXTURE NOT USED AS A shall be the otherwise applicable rate re- under this section for the taxable year is an FUEL, ETC.— duced by the biodiesel mixture rate (if any) amount equal to the biodiesel mixture cred- ‘‘(A) IMPOSITION OF TAX.—If— applicable to the mixture. it. ‘‘(i) any credit was determined under this ‘‘(2) TAX PRIOR TO MIXING.— ‘‘(b) DEFINITION OF BIODIESEL MIXTURE section with respect to biodiesel used in the ‘‘(A) IN GENERAL.—In the case of the re- CREDIT.—For purposes of this section— production of any qualified biodiesel mix- moval or entry of diesel fuel for use in pro- ‘‘(1) BIODIESEL MIXTURE CREDIT.— ture, and ducing at the time of such removal or entry ‘‘(A) IN GENERAL.—The biodiesel mixture ‘‘(ii) any person— a qualified biodiesel mixture, the rate of tax credit of any taxpayer for any taxable year ‘‘(I) separates the biodiesel from the mix- under subsection (a) shall be the otherwise is the sum of the products of the biodiesel ture, or applicable rate, reduced by the amount de- mixture rate for each blend of qualified bio- ‘‘(II) without separation, uses the mixture termined under subparagraph (B). diesel mixture and the number of gallons of other than as a fuel, ‘‘(B) APPLICABLE REDUCTION.—For purposes the blend of the taxpayer for the taxable of subparagraph (A), the amount determined then there is hereby imposed on such person year. under this subparagraph is an amount equal a tax equal to the product of the biodiesel ‘‘(B) BIODIESEL MIXTURE RATE.—For pur- to the biodiesel mixture rate for the quali- mixture rate applicable under subsection poses of subparagraph (A), the biodiesel mix- fied biodiesel mixture to be produced from (b)(1)(B) and the number of gallons of the ture rate shall be— the diesel fuel, divided by a percentage equal mixture. ‘‘(i) the applicable amount for a B–1 blend, to 100 percent minus the percentage of bio- ‘‘(B) APPLICABLE LAWS.—All provisions of ‘‘(ii) 3.0 cents for a B–2 blend, and diesel which will be in the mixture. law, including penalties, shall, insofar as ap- ‘‘(iii) 20.0 cents for a B–20 blend. ‘‘(3) DEFINITIONS.—For purposes of this sub- plicable and not inconsistent with this sec- ‘‘(C) BLENDS.—For purposes of this para- section, any term used in this subsection tion, apply in respect of any tax imposed graph— which is also used in section 40A shall have under subparagraph (A) as if such tax were ‘‘(i) B–1 BLEND.—The term ‘B–1 blend’ the meaning given such term by section 40A. imposed by section 4081 and not by this chap- means a qualified biodiesel mixture if at ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- ter. least 0.5 percent but less than 2.0 percent of lar to the rules of paragraphs (6) and (7) of ‘‘(3) PASS-THRU IN THE CASE OF ESTATES AND the mixture is biodiesel. subsection (c) shall apply for purposes of this TRUSTS.—Under regulations prescribed by ‘‘(ii) B–2 BLEND.—The term ‘B–2 blend’ subsection.’’. the Secretary, rules similar to the rules of means a qualified biodiesel mixture if at (b) CONFORMING AMENDMENTS.— subsection (d) of section 52 shall apply. (1) Section 4041 is amended by adding at least 2.0 percent but less than 20 percent of ‘‘(e) ELECTION TO HAVE BIODIESEL FUELS the end the following new subsection: the mixture is biodiesel. CREDIT NOT APPLY.— ‘‘(iii) B–20 BLEND.—The term ‘B–20 blend’ ‘‘(n) BIODIESEL MIXTURES.—Under regula- ‘‘(1) IN GENERAL.—A taxpayer may elect to tions prescribed by the Secretary, in the case means a qualified biodiesel mixture if at have this section not apply for any taxable least 20 percent of the mixture is biodiesel. of the sale or use of a qualified biodiesel mix- year. ture (as defined in section 40A(b)(2)), the ‘‘(D) APPLICABLE AMOUNT.—For purposes of ‘‘(2) TIME FOR MAKING ELECTION.—An elec- this paragraph, the term ‘applicable amount’ rates under paragraphs (1) and (2) of sub- tion under paragraph (1) for any taxable year section (a) shall be the otherwise applicable means, in the case of a B–1 blend, the may be made (or revoked) at any time before amount equal to 1.5 cents multiplied by a rates, reduced by any applicable biodiesel the expiration of the 3-year period beginning mixture rate (as defined in section fraction the numerator of which is the per- on the last date prescribed by law for filing 40A(b)(1)(B)).’’. centage of biodiesel in the B–1 blend and the the return for such taxable year (determined (2) Section 6427 is amended by redesig- denominator of which is 1 percent. without regard to extensions). nating subsection (p) as subsection (q) and ‘‘(2) QUALIFIED BIODIESEL MIXTURE.— ‘‘(3) MANNER OF MAKING ELECTION.—An by inserting after subsection (o) the fol- ‘‘(A) IN GENERAL.—The term ‘qualified bio- election under paragraph (1) (or revocation lowing new subsection: diesel mixture’ means a mixture of diesel thereof) shall be made in such manner as the ‘‘(p) BIODIESEL MIXTURES.—Except as pro- and biodiesel which— Secretary may by regulations prescribe.’’ vided in subsection (k), if any diesel fuel on ‘‘(i) is sold by the taxpayer producing such (b) CREDIT TREATED AS PART OF GENERAL which tax was imposed by section 4081 at a mixture to any person for use as a fuel; or BUSINESS CREDIT.—Section 38(b) is amended rate not determined under section 4081(f) is ‘‘(ii) is used as a fuel by the taxpayer pro- by striking ‘‘plus’’ at the end of paragraph used by any person in producing a qualified ducing such mixture. (14), by striking the period at the end of biodiesel mixture (as defined in section ‘‘(B) SALE OR USE MUST BE IN TRADE OR paragraph (15) and inserting ‘‘, plus’’, and by 40A(b)(2)) which is sold or used in such per- BUSINESS, ETC.—Biodiesel used in the produc- adding at the end the following: son’s trade or business, the Secretary shall tion of a qualified biodiesel mixture shall be ‘‘(16) the biodiesel fuels credit determined pay (without interest) to such person an taken into account— under section 40A.’’ amount equal to the per gallon applicable ‘‘(i) only if the sale or use described in sub- (c) CONFORMING AMENDMENTS.— biodiesel mixture rate (as defined in section paragraph (A) is in a trade or business of the (1) Section 39(d) is amended by adding at 40A(b)(1)(B)) with respect to such fuel.’’. taxpayer; and the end the following: (c) EFFECTIVE DATE.—The amendments ‘‘(ii) for the taxable year in which such ‘‘(11) NO CARRYBACK OF BIODIESEL FUELS made by this section shall take effect on sale or use occurs. CREDIT BEFORE JANUARY 1, 2003.—No portion of January 1, 2002.

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.046 pfrm03 PsN: S19PT1 S6452 CONGRESSIONAL RECORD — SENATE June 19, 2001 SEC. 4. HIGHWAY TRUST FUND HELD HARMLESS. efits provided by an employer to chil- on Taxation has scored this provision There are hereby transferred (from time to dren of employees shall be excludable at $231 million over 10 years. I look for- time) from the funds of the Commodity Cred- from gross income as a scholarship; to ward to working to make sure that this it Corporation amounts equivalent to the re- the Committee on Finance. provision is fully offset in a responsible ductions that would occur (but for this sec- tion) in the receipts of the Highway Trust manner. I hope my colleagues will join By Mr. BAYH: me to help ease the burden of American Fund by reason of the amendments made by S. 1060. A bill to amend the Internal this Act. Such transfers shall be made on the families with the soaring costs of high- basis of estimates made by the Secretary of Revenue Code of 1986 to provide that er education. the Treasury and adjustments shall be made certain postsecondary educational ben- to subsequent transfers to reflect any errors efits provided by an employer to chil- By Mr. MCCONNELL: in the estimates. dren of employees shall be excludable S. 1061. A bill to authorize the Sec- Mr. DAYTON. Mr. President, I rise from gross income as part of an edu- retary of the Interior to acquire Fern today to introduce, along with my dis- cational assistance program; to the Lake and the surrounding watershed in tinguished colleague Senator HUTCH- Committee on Finance. the States of Kentucky and Tennessee Mr. BAYH. Mr. President, I am INSON from Arkansas, legislation that for addition to Cumberland Gap Na- will increase the use of biodiesel fuel pleased to introduce legislation today tional Historic Park, and for other pur- throughout our country. that will help thousands of American poses; to the Committee on Energy and Biodiesel is a natural additive to die- workers with the financial burden asso- Natural Resources. sel fuel, much as ethanol is to regular ciated with sending a daughter or son Mr. MCCONNELL. Mr. President, last gasoline. It is also a fuel in its own to college. In this climate of labor month the Bush Administration un- shortages, U.S. companies are looking right. Biodiesel is made from soybeans veiled a new national energy strategy for innovative ways to maintain and and other vegetable oils. Its use as a 2- that strikes an important balance be- attract a dedicated and qualified work- percent blend with diesel fuel, and in tween the twin priorities of production force. Some companies have creatively some instances as high as a 20-percent and conservation. Today I am proud to turned to providing college scholar- blend, will increase the demand for introduce legislation with Congress- ships for their employees’ children. My these commodities, boost their market man HAL ROGERS that takes a step to- legislation would allow employees to price, and reduce the toxic carbon ward fulfilling the conservation side of deduct these scholarships from their emissions from trucks and other vehi- that energy equation in my home state gross income. Under current law, an cles across this Nation, all at no addi- of Kentucky. employee generally is not taxed on Our bill, the Fern Lake Conservation tional cost to American taxpayers. post-secondary education assistance Our legislation would provide a 3- and Recreation Act of 2001, will author- provided by an employer for the benefit ize the Cumberland Gap National His- cent-per-gallon credit to diesel fuel of the employee. My bill would extend suppliers using 2-percent biodiesel and torical Park to purchase Fern Lake, a this treatment to employer-provided natural landmark on the Kentucky- up to a 20-cent-per-gallon credit for education assistance for the employ- blends containing 20-percent biodiesel. Tennessee border that has served as ees’ children, up to $2,000 per child. the municipal water supply for As soybean prices rise then due to As many of my colleagues know, em- Middlesboro, KY since the lake was the increased usage, Federal spending ployer-provided education assistance is constructed in 1893. This bill will pro- on the U.S. Department of Agriculture considered an integral tool in keeping Marketing Assistance Loan Program America’s workforce well trained and tect the lake as a clean and safe source will be reduced accordingly, resulting equipped to deal with the changing face of rural water for Kentuckians, en- in substantial savings for the American of the New Economy. Current law not hance the scenic and recreational value taxpayers. only allows companies to keep an up- of Cumberland Gap National Historical A credit such as this would otherwise to-date labor pool, but also allows Park, and increase tourism opportuni- reduce the revenues that would be many workers to move from low-wage, ties in the three states that border the going into the highway trust fund. entry level positions up the economic Park—Kentucky, Tennessee, and Vir- Given the deterioration of many of our ladder of success. Extending tax-free ginia. Nation’s highways, that would be un- treatment to the children of employees For those who may be less familiar wise. Thus, this legislation provides for not only will help working families, with this part of the country, Fern the Commodity Credit Corporation to but will contribute to our Nation’s Lake is a beautiful and pristine body of reimburse the highway trust fund for competitiveness in an increasingly dy- water set against the backdrop of the its forgone revenues. namic global economy. Appalachian Mountains. The 150-acre Our current energy crisis is also an My legislation is very simple. It al- lake presently sits adjacent to the opportunity for our country. I cur- lows employees whose companies pro- Park and is part of the viewshed from rently have a van driving around the vide educational scholarships for em- Pinnacle Overlook, which is one of the State of Minnesota that uses 85-percent ployees’ children to exclude up to $2000 Park’s most popular attractions. It is ethanol fuel with no difficulties what- from gross income per child. An em- said that the glassy surface of Fern soever. These agricultural fuels are not ployee may not exclude more than Lake is so clear that you can see fish just possible tomorrow, they are prac- $5,250 from gross income for employer swimming 10 feet below the surface. tical today. We just need to help them education assistance. This is the limit Perhaps that is one of the reasons why become financially competitive, until established under Section 127(a)(2) of Middlesboro Mayor Ben Hickman de- these industries can reach the volume the Internal Revenue Code for em- scribes his town’s water supply as one of production necessary to compete ployer education assistance. In essence, of the best in the United States. with the giant oil industry. there would be ‘‘family cap.’’ Workers With a lake of such natural beauty In conclusion, this legislation is an could deduct a $2,000 scholarship for and exceptional water quality, it is no important step in several right direc- their child and could also exclude up to wonder that the citizens and commu- tions—toward less foreign oil depend- $3,250 of educational benefits for them- nity leaders want to protect it. Al- ency, toward higher agricultural com- selves, however, the combined amounts though Fern Lake has been privately modity prices for American farmers, could not exceed $5,250. owned for most of its existence, it has toward lower taxpayer costs for our In today’s economy, American com- been for sale since July 2000, and there struggling farm economy, and toward a panies are no longer looking purely for is concern in Middlesboro that a new cleaner air quality for us all. I respect- a high-school diploma, but require that owner may not share the same inter- fully urge my colleagues to support their workers have some sort of post- ests regarding the lake as those em- this important legislation. secondary education or training. Many braced by the community. That is why working families struggle in providing a growing chorus of community leaders By Mr. BAYH: this basic start which will help their and citizens have called for the Cum- S. 1059. A bill to amend the Internal children get well-paying jobs. berland Gap National Historical Park Revenue Code of 1986 to provide that This piece of legislation is also a to purchase Fern Lake. This solution certain postsecondary educational ben- modest proposal. The Joint Committee would guarantee management of this

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.066 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6453 wonderful resource consistent with the I ask unanimous consent that the Secretary may acquire lands described in needs of the community. text of the bill be printed in the subsection (b) by donation, purchase with do- This legislation is needed because RECORD. nated or appropriated funds, or exchange. currently the Park is prohibited by law There being no objection, the bill was However, the lands may be acquired only with the consent of the owner. from expanding its boundaries by pur- ordered to be printed in the RECORD, as (2) EASEMENTS.—At the discretion of the chasing new land with appropriated follows: Secretary, the Secretary may acquire land funds. Our bill, therefore, authorizes S. 1061 described in subsection (b) that is subject to the Park to use appropriated funds, if Be it enacted by the Senate and House of Rep- an easement for the continued operation of necessary, to purchase Fern Lake (and resentatives of the United States of America in providing the water supply for the City of up to 4,500 acres of the surrounding wa- Congress assembled, Middlesboro, Kentucky, and environs. tershed) and to manage the lake for SECTION 1. SHORT TITLE. (d) BOUNDARY ADJUSTMENT AND ADMINIS- public recreational uses. This bill also This Act may be cited as the ‘‘Fern Lake TRATION.—Upon the acquisition of land under Conservation and Recreation Act of 2001’’. this section, the Secretary shall revise the requires the Park to maintain Fern boundaries of the park to include the land in Lake as a source of clean drinking SEC. 2. FINDINGS AND PURPOSES. the park. Subject to subsection (e), the Sec- water, authorizes the Park to sell (a) FINDINGS.—The Congress finds the fol- retary shall administer the acquired lands as water to the city of Middlesboro, and lowing: part of the park in accordance with the laws permits the proceeds of the water sales (1) Fern Lake and its surrounding water- and regulations applicable to the park. to be spent by the Secretary of the In- shed in Bell County, Kentucky, and Clai- (e) SPECIAL ISSUES RELATED TO FERN borne County, Tennessee, is within the po- terior without further appropriation. LAKE.— tential boundaries of Cumberland Gap Na- (1) PROTECTION OF WATER QUALITY.—The And because the scenic and rec- tional Historical Park as originally author- Secretary shall manage public recreational reational values of Fern Lake will ben- ized by the Act of June 11, 1940 (54 Stat 262; use of Fern Lake, if acquired by the Sec- efit the tourism industry in all three 16 U.S.C. 261 et seq.). retary, in a manner that is consistent with adjacent states—Kentucky, Tennessee, (2) The acquisition of Fern Lake and its the protection of the lake as a source of safe, and Virginia—the legislation directs surrounding watershed and its inclusion in clean, drinking water. the Secretary of the Interior to consult Cumberland Gap National Historical Park (2) SALE OF WATER.—In the event the Sec- with appropriate officials in these would protect the vista from Pinnacle Over- retary’s acquisition of land includes the look, which is one of the park’s most valu- states to determine the best way to water supply of Fern Lake, the Secretary able scenic resources and most popular at- may enter into contracts to facilitate the manage the municipal water supply tractions, and enhance recreational opportu- sale and distribution of water from the lake and to promote the increased tourism nities at the park. for the municipal water supply for the City opportunities associated with Park (3) Fern Lake is the water supply source of Middlesboro, Kentucky, and environs. The ownership of Fern Lake. for the City of Middlesboro, Kentucky, and Secretary shall ensure that the terms and This bill is a small but important ex- environs. conditions of any such contract is consistent ample of the type of targeted conserva- (4) The 4500-acre Fern Lake watershed is with National Park Service policies for the tion measures that are essential to privately owned, and the 150-acre lake and protection of park resources. Proceeds from making a national energy policy work part of the watershed are currently for sale, the sale of the water shall be available for but the Secretary of the Interior is precluded for all Americans. This is not the con- expenditure by the Secretary at the park by the first section of the Act of June 11, 1940 without further appropriation. servation of environmental extremism (16 U.S.C. 261), from using appropriated funds (3) CONSULTATION REQUIREMENTS.—In order that seeks to divide communities, to acquire the lands. to better manage Fern Lake and its sur- vilify opponents, or present unwork- (b) PURPOSES.—The purposes of the Act rounding watershed, if acquired by the Sec- able approaches in the name of polit- are— retary, in a manner that will facilitate the ical opportunism. Rather, this is con- (1) to authorize the Secretary of the Inte- provision of water for municipal needs as servation that builds upon community rior to use appropriated funds if necessary, well as the establishment and promotion of in addition to other acquisition methods, to new recreational opportunities made pos- consensus. It is common sense con- acquire from willing sellers Fern Lake and servation that seeks environmental so- sible by the addition of Fern Lake to the its surrounding watershed in order to protect park, the Secretary shall consult with— lutions that will enhance rather than scenic and natural resources and enhance (A) appropriate officials in the States of disturb local industries such as tour- recreational opportunities at Cumberland Kentucky, Tennessee, and Virginia and polit- ism, which have been so vital to eco- Gap National Historical Park; and ical subdivisions of these States; nomically depressed areas such as (2) to allow the continued supply of safe, (B) organizations involved in promoting southeastern Kentucky. And finally, clean, drinking water from Fern Lake to the tourism in these States; and this is conservation that is careful to City of Middlesboro, Kentucky, and environs. (C) other interested parties. consider, and where necessary, to pro- SEC. 3. LAND ACQUISITION, FERN LAKE, CUM- BERLAND GAP NATIONAL HISTOR- By Mr. DURBIN (for himself, Ms. tect, the property rights of affected ICAL PARK. COLLINS, Mr. BIDEN, Mrs. CLIN- landowners. This bill requires that the (a) DEFINITIONS.—In this section: TON, Mr. FEINGOLD, Mrs. FEIN- Park acquire land from willing sellers (1) FERN LAKE.—The term ‘‘Fern Lake’’ STEIN, Mr. JOHNSON, and Mr. only, and the National Park Service means Fern Lake located in Bell County, INOUYE): has assured us that it has no authority Kentucky, and Claiborne County, Tennessee. (2) LAND.—The term ‘‘land’’ means land, S. 1062. A bill to amend the Public to place land-use restrictions on pri- Health Service Act to promote organ vate land until the land is actually ac- water, interests in land, and any improve- ments on the land. donation and facilitate interstate link- quired by the Park. (3) PARK.—The term ‘‘park’’ means Cum- age and 24-hour access to State donor Targeted and consensus-driven con- berland Gap National Historical Park, as au- registries, and for other purposes; to servation measures such as this one are thorized and established by the Act of June the Committee on Health, Education, not always easy to craft, but they are 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.). Labor, and Pensions. always worth the effort. This bill is (4) SECRETARY.—The term ‘‘Secretary’’ Mr. DURBIN. Mr. President, this proof that environmental protection means the Secretary of the Interior, acting year the waiting list for organ trans- through the Director of the National Park and economic development need not be plants among Americans stands at at odds, and that there are a number of Service. (b) ACQUISITION AUTHORIZED.—The Sec- more than 75,000. I rise to urge all Sen- responsible and practical conservation retary may acquire for addition to the park ators, and all Americans to become opportunities that can bring commu- lands consisting of approximately 4,500 acres organ donors. I rise to introduce legis- nities together rather than tear them and containing Fern Lake and its sur- lation to make it easier for individuals apart. Indeed, if this simple formula for rounding watershed, as generally depicted on to donate and make it simpler to iden- finding consensus conservation oppor- the map entitled ‘‘Fern Lake Watershed tify the decedents’s donation wishes. I tunities—broad community support, Boundary Addition, Cumberland Gap Na- am pleased that Senators COLLINS, tional Historical Park’’, numbered 380/80,004, local employment, and private prop- BIDEN, CLINTON, FEINGOLD, FEINSTEIN, erty protections—was replicated in all and dated May 2001. The map shall be on file in the appropriate offices of the National JOHNSON, and INOUYE join me in this ef- 50 States, we could make actual and Park Service. fort. noticeable strides as a nation toward (c) AUTHORIZED ACQUISITION METHODS.— Access to organ transplantation re- protecting and promoting our natural (1) IN GENERAL.—Notwithstanding the Act mains limited by the shortage of do- treasures. of June 11, 1940 (16 U.S.C. 261 et seq.), the nated organs. Each day, an average of

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.057 pfrm03 PsN: S19PT1 S6454 CONGRESSIONAL RECORD — SENATE June 19, 2001 17 people on the waiting list will die. tial donors wishes to the family, a reg- so. The bill establishes a National And the waiting list is growing. In fact, istry documentation can aid in secur- Organ and Tissue Donation Resource since 1990 the number of men, women ing next of kin consent. Despite the Center, informed by a task force of na- and children awaiting life-saving trans- fact that 85 percent of Americans sup- tional experts, to develop registry plants has grown by at least 10 percent port organ donation for transplants, guidelines for States based on best easy year. We need to move expedi- studies indicate that only about 50 per- practices. The Center would maintain a tiously to reduce these deaths due to cent of families consent to donation. donor registry clearinghouse, including the scarcity of willing organ donors. Well-designed databases can improve a web site, to collect, synthesize, and Every 14 minutes we do not act, an- coordination between hospitals, physi- distribute information about what other name is added to the national cians, organ procurement organiza- works. The proposal also requires that transplant waiting list. tions and families. Registries can also a mechanism be established to link Over the last several years, I have assist in evaluating education and out- State registries and to provide around- worked with many of my colleagues on reach efforts by providing information the-clock access to information. To a variety of initiatives to increase about registrant demographics and au- help ensure that registry development organ donation. In 1996, I authored leg- dience-specific effectiveness of aware- is based on evidence of effectiveness islation to include an organ donation ness campaigns. Yet currently only and best practices, and to help us un- card with every Federal income tax re- about a dozen States operate mature, derstand better how to utilize the reg- fund mailed. More than 70 million centralized organ and tissue donor reg- istry tool to increase donations, the donor cards were mailed, the largest istries. DONATE Act asks an advisory task distribution in history. In 1997, I au- I am proud that the State of Illinois force to examine state registries and thored a provision in the Labor, Health was one of the first and is currently make recommendations to Congress and Human Services, and Education the largest such system. In Illinois, in- about the states of such systems and Appropriation bill that authorized a dividuals can indicate their willingness ways to develop linkages between state study of hospital best practices for in- to donate by signing their drivers li- registries. creasing organ donation. More re- cense. Drivers’ license applicants are Public education is equally as impor- cently, I launched a campaign known also asked if they wish to have their tant as developing better technical as ‘‘Give Thanks, Give Life’’ with the name listed on the confidential state- tools and programs to increase dona- National Football League and a large wide registry. In addition to signing up tion if we are to do a better job of coalition of advocacy organizations to at a driver services facility, persons matching the number of donors to peo- promote family discussions over can join the registry by calling an ple in need of a transplant. The DO- Thanksgiving of family members’ de- eight hundred number or electronically NATE Act launches a national effort to sire to become organ donors. via the web. More than 3 million Illi- raise public awareness about the im- But we need to do more. Major bar- noisans have already joined and 100,000 portance of organ donation and funds riers to donation still exist. A recent more sign up each month. Today, par- research to find better ways to improve analysis by the Lewin Group, Inc., ticipation in the Illinois Donor Reg- donation rates. The bill authorizes found low rates of family consent to istry is 39 percent statewide, an in- State grants for innovative organ donation. In addition, there are many crease of 77 percent since 1993. In addi- donor awareness and outreach initia- missed opportunities in the process of tion, about one fifth of all facilities are tives and programs aimed at increasing identifying and referring all potential reporting participation rates at or donation. donors to procurement organizations above 50 percent. Most importantly, A number of additional innovative so that families may be approached. A organ donation has risen 40 percent initiatives are included in this bill. The 1996 study of potential organ donors in since 1993 and the Regional Organ Bank DONATE Act would directly assist liv- hospitals found that in nearly a third of Illinois has led the nation in the ing donors, providing financial assist- of all cases, potential donors were not number of organs recovered for trans- ance to offset travel, subsistence and identified or no request was made to plantation since 1994. other expenses incurred toward making the family. But unfortunately Illinois is the ex- living donations of their organs. Simi- Today I am introducing a comprehen- ception and not the rule. Most States lar provisions recently cleared the sive proposal to address these obsta- do not have programs and gaps in House of Representatives by more than cles, including a number of new initia- knowledge exist. In fact, no one kept 400 votes. The DONATE Act includes tives. The DONATE Act: 1. Establishes track of which States operate organ the House passed bill, with a number of a national organ and tissue donor reg- donor registries until recently. We improvements. For example, the Act istry resource center at the Depart- have little information about what does not restrict such assistance to ar- ment of Health and Human Services; 2. works best when developing registries. tificial residency requirements and it Authorizes grants to States to support Guidance for States about the basic does not limit assistance only to those the development, enhancement, expan- components of effective systems such who donate organs to low income re- sion and evaluation of statewide organ as the core functions and content, legal cipients. and tissue donor registries; 3. Funds and ethical standards, privacy protec- The DONATE Act also provides additional research to learn more tions and data exchange protocols, is grants to hospitals and organ procure- about effective strategies that increase scarce. ment organizations to fund staff posi- donation rates; 4. Provides financial as- And in addition to the fact that most tions for organ coordinators. These in- sistance to donors for travel and sub- States do not operate registries, among house organ coordinators would be re- sistence expenses incurred toward those who do, currently no mechanism sponsible for coordinating organ dona- making living donations of their or- exists to share information between tion and recovery at a hospital or a gans; 5. Expands Federal efforts to edu- these registries. So if a Illinoisan dies group of hospitals. Research has shown cate the public about organ donation in Wisconsin, law enforcement or hos- that these types of initiatives can have and improve outreach activities; 6. pital officials in Wisconsin have no dramatic results. A four-year retro- Provides grants to hospitals and organ easy way of knowing of the victims in- spective study of a large public hos- procurement organizations to fund tent to donate. To be effective, reg- pital in Houston that implemented a organ coordinators; and 7. Directs the istries need to be accessible to the coordinator program resulted in a 64 Secretary of the Treasury to strike a proper authorities around the clock percent increase in the consent rate bronze medal to commemorate organ without regard for State boundaries. along with a 94 percent increase in the donors and their families. To be effective, registries also need to number of organ donors. Organ and tissue donor registries function as an advance directive, en- Finally, the DONATE Act incor- have the potential to greatly improve suring that the donors wishes are hon- porates a valuable initiative developed donation rates. Registries provide med- ored. by Senator BILL FRIST to present do- ical and/or procurement personnel easy The DONATE Act both funds State nors or the family of a donor with a access to the donation wishes of brain- registry development and creates the Congressional medal recognizing their dead patients. By indicating the poten- technical expertise States need to do gift of life. The bronze medal is just

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.071 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6455 one small, meaningful way we can ac- doesn’t work, it must be reformed. Un- tion champions and thus champions of the knowledge the important act of donat- fortunately we haven’t gotten past the world; ing to save another person’s life. rhetoric to fix the problem. Instead of Whereas this is the second consecutive sea- son that the Los Angeles Lakers have won A great deal of input from experts, making changes that will produce re- the National Basketball Association cham- and from my colleagues as well, con- sults that are better for the taxpayers, pionship; tributed to this legislation. All of these better for the environment, and more Whereas the Los Angeles Lakers are one of important provisions come with the efficient for everyone involved—gov- America’s preeminent sports franchises and strong support and input of many ernment agencies, Federal bureaucrats, have won their 13th NBA Championship. groups whose mission it is to help save and Congress have protected this trou- Whereas the Los Angeles Lakers sealed bled and inefficient program from their second consecutive championship with lives by increasing organ donation, in- the best playoff record in the history of the cluding the American Liver Founda- meaning reform. National Basketball Association, and be- tion, the American Society of Trans- As Washington has played politics came the first team to go through the play- plantation and the American Society with the Superfund program, innocent offs undefeated on the road; of Transplant Surgeons. I strongly be- Main Street small business owners Whereas this exceptionally gifted team is lieve that this type of concrete invest- across the nation, the engine of our guided by Phil Jackson, one of the most suc- ment and commitment from the Fed- economy, continue to be unfairly cessful coaches in the history of professional pulled into Superfund’s legal quagmire. basketball, who led the Lakers to victory in eral government is overdue and will 23 of their last 24 games; make a real difference. And in this case We now have the opportunity to put all Whereas the Los Angeles Lakers’ 2001 Na- a real difference is someone’s life. of that behind us and move forward tional Basketball Association championship I urge my colleagues to join me in with bipartisan, common-sense reform. was characterized by a remarkable team ef- this effort to wipe out the waiting list Let’s put a human face on this: re- fort, led by the series Most Valuable Player for transplants. I urge you all to co- cently, just across the Missouri bor- Shaquille O’Neal; and der—in Quincy, Illinois—160 small busi- Whereas it is appropriate and fitting to sponsor the DONATE Act and move ex- now offer these athletes and their coach the peditiously to pass this legislation. ness owners were asked to pay the EPA more than $3 million for garbage le- attention and accolades they have earned: Now, therefore, be it By Mr. BOND (for himself, Mr. gally hauled to a dump more than 20 Resolved, That the Senate congratulates REID, Mr. SMITH of New Hamp- years ago. The situation in Quincy is the entire 2001 Los Angeles team and its shire, Mr. KERRY, Mr. WARNER, just one example of the very real, ongo- coach Phil Jackson for their remarkable Mr. CHAFEE, Mr. WYDEN, Mr. ing Superfund legal threat to small achievement, and their drive, discipline, and dominance. CLELAND, Mr. ENSIGN, and Ms. business owners across the nation. LANDRIEU): We all know that Superfund was cre- Mrs. BOXER. Mr. President, last Fri- S. 1064. A bill to amend the Com- ated to clean up the Nation’s most-haz- day, as millions of Americans and bas- prehensive Environmental Response, ardous waste sites. Superfund was not ketball fans around the world watched Compensation, and Liability Act of created to have small business owners on television and listened on the radio, 1980 to provide certain relief from li- sued for simply throwing out their the Los Angeles Lakers defeated the ability for small businesses; to the trash! These small business owners are Philadelphia 76ers to become the 2001 Committee on Environment and Public faced with so many challenges already, National Basketball Association cham- Works. that the thousands of dollars in pen- pions. Mr. BOND. Mr. President, it is a alties and lawsuits leave them with no This is the second consecutive year pleasure for me to introduce the Small choice but to mortgage their busi- that the Lakers have won the NBA Business Liability Protection Act of nesses, their employees and their fu- championship. No team has ever enjoyed a post-sea- 2001. This bill will provide a lifeline for ture to pay for the bills of a broken son quite like the Lakers. They the thousands of small business owners government program. clinched the championship in five threatened by lawsuits and litigation How many times will we tell our- games, finishing the playoffs with a under the broken Superfund liability selves that this unacceptable situation record of 15–1—the best ever. They were system. Joining me in introducing this must be fixed before we act? Small also the first team to go through the legislation are Senators REID, SMITH, business owners literally cannot afford to wait around while we delay action playoffs without losing a single game KERRY, WARNER, CHAFEE, CLELAND, on the road. LANDRIEU, ENSIGN, and WYDEN. on the common-sense fixes required to protect them and our environment. Throughout the playoffs and cham- The bill is simple. All this bill does is pionship series, one player in par- protect those who contributed very Is this legislation everything I would like to see. No. But this bill does move ticular came to symbolize the Lakers’ small amounts of waste, or waste no march to victory: The Big Man— different than common household gar- us in the direction we need to go to en- sure cleanup, fairness, and progress in Shaquille O’Neal. Because of his ster- bage, to a Superfund site. The bill will ling play and leadership, Shaquille also speed up the process for handling reforming the Superfund program. In recognition of our small busi- O’Neal was named Most Valuable Play- those little fish with a limited ability nesses around the country, I introduce er for the series. O’Neal, of course, ben- to pay towards a Superfund site’s this bill and look forward to ensuring efitted from a sterling supporting cast cleanup. that included Kobe Bryant, Rick Fox, The exact same version of this bill speedy adoption of this long overdue legislation. Derek Fisher, Robert Horry and others. passed the House unanimously in May Indeed, Mr. President, this year’s and I am proud to have similar bipar- f championship was truly a team effort. tisan support for this Senate version. STATEMENTS ON SUBMITTED While the lion’s share of the credit We have members from both the Envi- RESOLUTIONS for their remarkable victory goes to ronment Committee and the Small the players themselves, I also want to Business Committee supporting this acknowledge the outstanding coaching bill at introduction and I encourage all SENATE RESOLUTION 113—CON- staff led by head coach Phil Jackson. my colleagues to join our effort. GRATULATIONS TO THE LOS AN- This is Coach Jackson’s eighth NBA My bill will not let polluters off the GELES LAKERS ON THEIR SEC- title and his second with the Lakers. hook. This common-sense proposal will OND CONSECUTIVE NATIONAL I think it is safe to say that these make the Superfund program a little BASKETBALL ASSOCIATION Los Angeles Lakers are a basketball more reasonable and workable. With CHAMPIONSHIP dynasty-in-the-making, and I am de- this legislation, we can begin to pro- Mrs. BOXER (for herself and Mrs. lighted to introduce this resolution ac- vide some relief to small business own- FEINSTEIN) submitted the following res- knowledging their efforts and con- ers who are held hostage by potential olution; which was considered and gratulating the Lakers and their fans Superfund liability. agreed to: in California and around the world. For years now, members from both S. RES. 113 Mrs. FEINSTEIN. Mr. President, I sides of the aisle have said that the Whereas the Los Angeles Lakers are the rise today to congratulate the Los An- Superfund program is broken, it undisputed 2001 National Basketball Associa- geles Lakers for winning the National

VerDate 19-JUN-2001 03:40 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.073 pfrm03 PsN: S19PT1 S6456 CONGRESSIONAL RECORD — SENATE June 19, 2001 Basketball Association championship current resolution; which was referred ‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS. for a second year in a row. to the Committee on the Judiciary: ‘‘(a) DEFINITIONS.—In this section: The Lakers overcame internal con- S. CON. RES. 51 ‘‘(1) BAIT.—The term ‘bait’ means a pes- flict and numerous injuries to go on to ticide that contains an ingredient that Whereas news of the end of slavery did not serves as a feeding stimulant, odor, a remarkable season. reach frontier areas of the Nation, especially They put together a remarkable pheromone, or other attractant for a target in the southwestern United States, until pest. string of victories at the end of the sea- long after the conclusion of the Civil War; ‘‘(2) CONTACT PERSON.—The term ‘contact son to bring home another World Whereas the African Americans who had person’ means an individual who is— Championship to the City of Los Ange- been slaves in the Southwest thereafter cele- ‘‘(A) knowledgeable about school pest man- les, winning 23 out of 24 of their final brated June 19, known as Juneteenth Inde- agement plans; and games and going 15 and 1 in the play- pendence Day, as the anniversary of their ‘‘(B) designated by a local educational offs—the best playoff record ever. emancipation; agency to carry out implementation of the This Lakers team demonstrated what Whereas those African Americans handed school pest management plan of a school. down that tradition from generation to gen- it truly means to be a champion and ‘‘(3) EMERGENCY.—The term ‘emergency’ eration as an inspiration and encouragement means an urgent need to mitigate or elimi- represents the best of what the city of for future generations; Los Angeles has to offer. nate a pest that threatens the health or safe- Whereas Juneteenth Independence Day ty of a student or staff member. Led by the inspired play of Shaquille celebrations have thus been held for 136 ‘‘(4) LOCAL EDUCATIONAL AGENCY.—The O’Neal and the coaching of Phil Jack- years to honor the memory of all those who son, the Lakers swept through the term ‘local educational agency’ has the endured slavery and especially those who meaning given the term in section 3 of the opening three rounds of the playoffs— moved from slavery to freedom; and Elementary and Secondary Education Act of easily defeating the talented Portland Whereas the faith and strength of char- 1965. acter shown by those former slaves remains Trailblazers, Sacramento Kings, and ‘‘(5) SCHOOL.— an example for all people of the United San Antonio Spurs. ‘‘(A) IN GENERAL.—The term ‘school’ means In the final round, the Lakers faced a States, regardless of background, region, or a public— gritty Philadelphia 76ers team led by race: Now, therefore, be it ‘‘(i) elementary school (as defined in sec- Resolved by the Senate (the House of Rep- tion 3 of the Elementary and Secondary Edu- the incomparable Allen Iverson. resentatives concurring), That— cation Act of 1965); Iverson and the Sixers showed tremen- (1) Congress recognizes the historical sig- ‘‘(ii) secondary school (as defined in sec- dous determination and heart, handing nificance of Juneteenth Independence Day, tion 3 of the Act); an overtime defeat to the Lakers in the an important date in the Nation’s history, ‘‘(iii) kindergarten or nursery school that first game of the series. and encourages the continued celebration of is part of an elementary school or secondary that day to provide an opportunity for all But as the series moved on, the school; or people of the United States to learn more Lakers outmatched the Sixers and ‘‘(iv) tribally-funded school. about the past and to better understand the proved, once again, that they were the ‘‘(B) INCLUSIONS.—The term ‘school’ in- experiences that have shaped the Nation; and best team in professional basketball. cludes any school building, and any area out- (2) it is the sense of Congress that— This was truly a team effort: side of a school building (including a lawn, (A) history should be regarded as a means Shaquille O’Neal, the series Most Valu- playground, sports field, and any other prop- for understanding the past and solving the erty or facility), that is controlled, managed, able Player, dominated the Sixers on challenges of the future; or owned by the school or school district. both ends of the floor, averaging 33 (B) the celebration of the end of slavery is ‘‘(6) SCHOOL PEST MANAGEMENT PLAN.—The points per game, 15.8 rebounds, 4.8 as- an important and enriching part of the his- term ‘school pest management plan’ means a sists, and 3.4 blocks in the final series. tory and heritage of the United States; and pest management plan developed under sub- With his unselfish play, Kobe Bryant (C) the Secretary of the Senate should section (b). provided the spark for the offense—in transmit a copy of this concurrent resolu- ‘‘(7) STAFF MEMBER.— game four, for instance, he scored 19 tion to the National Association of ‘‘(A) IN GENERAL.—The term ‘staff member’ Juneteenth Lineage as an expression of ap- points, had 10 assists, and had 9 re- means a person employed at a school or local preciation for the association’s role in pro- bounds. educational agency. moting the observance of the end of slavery. Derek Fisher, Rick Fox, Robert ‘‘(B) EXCLUSIONS.—The term ‘staff member’ Horry and Brian Shaw made significant f does not include— contributions to the championship— AMENDMENTS SUBMITTED AND ‘‘(i) a person hired by a school, local edu- each cooly made three point shots at PROPOSED cational agency, or State to apply a pes- critical points in the series. ticide; or Horace Grant and Ron Harper pro- SA 805. Mr. DURBIN (for Mr. TORRICELLI) ‘‘(ii) a person assisting in the application vided the veteran experience that proposed an amendment to the bill H.R. 1, to of a pesticide. helped the Lakers push back the 4th close the achievement gap with account- ‘‘(8) STATE AGENCY.—The term ‘State agen- ability, flexibility, and choice, so that no cy’ means the an agency of a State, or an quarter surges of the Sixers. child is left behind. agency of an Indian tribe or tribal organiza- And finally, Tyronn Lue, deserves SA 806. Mr. REID (for Mr. HARKIN (for him- tion (as those terms are defined in section 4 honorable mention for his dogged de- self and Mr. LUGAR)) proposed an amendment of the Indian Self-Determination and Edu- fense against Allen Iverson, especially to the bill S. 657, to authorize funding for the cation Assistance Act (25 U.S.C. 450b)), that in Game 1. Without his play, the National 4-H Program Centennial initiative. exercises primary jurisdiction over matters Lakers would have been unable to con- f relating to pesticide regulation. tain the speedy Sixer guard. ‘‘(9) UNIVERSAL NOTIFICATION.—The term Once again let me congratulate the TEXT OF AMENDMENTS ‘universal notification’ means notice pro- Los Angeles Lakers for their victory. It SA 805. Mr. DURBIN (for Mr. vided by a local educational agency or school was a great effort by a tremendous TORRICELLI) proposed an amendment to to— team. the bill H.R. 1, to close the achieve- ‘‘(A) parents, legal guardians, or other per- I look forward to another winning sons with legal standing as parents of each ment gap with accountability, flexi- child attending the school; and season next year. bility, and choice, so that no child is ‘‘(B) staff members of the school. f left behind; as follows: ‘‘(b) SCHOOL PEST MANAGEMENT PLANS.— SENATE CONCURRENT RESOLU- At the appropriate place insert the fol- ‘‘(1) STATE PLANS.— lowing: TION 51—RECOGNIZING THE HIS- ‘‘(A) GUIDANCE.—As soon as practicable SEC. 9ll. PEST MANAGEMENT IN SCHOOLS. (but not later than 180 days) after the date of TORICAL SIGNIFICANCE OF (a) SHORT TITLE.—This section may be enactment of the School Environment Pro- JUNETEENTH INDEPENDENCE cited as the ‘‘School Environment Protec- tection Act of 2001, the Administrator shall DAY AND EXPRESSING THE tion Act of 2001’’. develop, in accordance with this section— SENSE OF CONGRESS THAT HIS- (b) PEST MANAGEMENT.—The Federal Insec- ‘‘(i) guidance for a school pest management TORY BE REGARDED AS A ticide, Fungicide, and Rodenticide Act is plan; and MEANS OF UNDERSTANDING THE amended— ‘‘(ii) a sample school pest management PAST AND SOLVING THE CHAL- (1) by redesignating sections 33 and 34 (7 plan. LENGES OF THE FUTURE U.S.C. 136x, 136y) as sections 34 and 35, re- ‘‘(B) PLAN.—As soon as practicable (but spectively; and not later than 1 year) after the date of enact- Mr. BROWNBACK (for himself and (2) by inserting after section 32 (7 U.S.C. ment of the School Environment Protection Mr. LOTT) submitted the following con- 136w–7) the following: Act of 2001, each State agency shall develop

VerDate 19-JUN-2001 03:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.044 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6457 and submit to the Administrator for ap- termined by the Administrator), the State (as defined in clauses (i) and (ii) of section proval, as part of the State cooperative agency may maintain the school pest man- 2(mm)(1)(A))) for at least 3 years after the agreement under section 23, a school pest agement plan and shall not be required to de- date on which the pesticide is applied; and management plan for local educational agen- velop a new school pest management plan ‘‘(v) make that data available for inspec- cies in the State. under subparagraph (B). tion on request by any person. ‘‘(C) COMPONENTS.—A school pest manage- ‘‘(2) IMPLEMENTATION BY LOCAL EDU- ‘‘(4) NOTIFICATION.— ment plan developed under subparagraph (B) CATIONAL AGENCIES.— ‘‘(A) UNIVERSAL NOTIFICATION.—At the be- shall, at a minimum— ‘‘(A) IN GENERAL.—Not later than 1 year ginning of each school year, at the midpoint ‘‘(i) implement a system that— after the date on which a local educational of each school year, and at the beginning of ‘‘(I) eliminates or mitigates health risks, agency receives a copy of a school pest man- any summer session (as determined by the or economic or aesthetic damage, caused by agement plan of a State agency under para- school), a local educational agency or school pests; graph (1)(E), the local educational agency shall provide to staff members of a school, ‘‘(II) employs— shall develop and implement in each of the and to parents, legal guardians, and other ‘‘(aa) integrated methods; schools under the jurisdiction of the local persons with legal standing as parents of stu- ‘‘(bb) site or pest inspection; educational agency a school pest manage- dents enrolled at the school, a notice de- ‘‘(cc) pest population monitoring; and ment plan that meets the standards and re- scribing the school pest management plan ‘‘(dd) an evaluation of the need for pest quirements under the school pest manage- that includes— management; and ment plan of the State agency, as deter- ‘‘(i) a summary of the requirements and ‘‘(III) is developed taking into consider- mined by the Administrator. procedures under the school pest manage- ation pest management alternatives (includ- ‘‘(B) EXCEPTION FOR EXISTING PLANS.—If, on ment plan; ing sanitation, structural repair, and me- the date of enactment of the School Environ- ‘‘(ii) a description of any potential pest chanical, biological, cultural, and pesticide ment Protection Act of 2001, a State main- problems that the school may experience (in- strategies) that minimize health and envi- tains a school pest management plan that, at cluding a description of the procedures that ronmental risks; a minimum, meets the standards and criteria may be used to address those problems); ‘‘(ii) require, for pesticide applications at established under this section (as determined ‘‘(iii) the address, telephone number, and the school, universal notification to be pro- by the Administrator), and a local edu- website address of the Office of Pesticide vided— cational agency in the State has imple- Programs of the Environmental Protection ‘‘(I) at the beginning of the school year; mented the State school pest management Agency; and ‘‘(II) at the midpoint of the school year; plan, the local educational agency may ‘‘(iv) the following statement (including and maintain the school pest management plan information to be supplied by the school as ‘‘(III) at the beginning of any summer ses- and shall not be required to develop and im- indicated in brackets): sion, as determined by the school; plement a new school pest management plan ‘As part of a school pest management ‘‘(iii) establish a registry of staff members under subparagraph (A). plan, ø¿ may use pesticides to control of a school, and of parents, legal guardians, ‘‘(C) APPLICATION OF PESTICIDES AT pests. The Environmental Protection Agency or other persons with legal standing as par- SCHOOLS.—A school pest management plan (EPA) and ø¿ registers pesticides for ents of each child attending the school, that shall prohibit— that use. EPA continues to examine reg- have requested to be notified in advance of ‘‘(i) the application of a pesticide to any istered pesticides to determine that use of any pesticide application at the school; area or room at a school while the area or the pesticides in accordance with instruc- ‘‘(iv) establish guidelines that are con- room is occupied or in use by students or tions printed on the label does not pose un- sistent with the definition of a school pest staff members (except students and staff par- reasonable risks to human health and the en- management plan under subsection (a); ticipating in regular or vocational agricul- vironment. Nevertheless, EPA cannot guar- ‘‘(v) require that each local educational tural instruction involving the use of pes- antee that registered pesticides do not pose agency use a certified applicator or a person ticides); and risks, and unnecessary exposure to pesticides authorized by the State agency to imple- ‘‘(ii) the use by students or staff members should be avoided. Based in part on rec- ment the school pest management plans; of an area or room treated with a pesticide ommendations of a 1993 study by the Na- ‘‘(vi) be consistent with the State coopera- by broadcast spraying, baseboard spraying, tional Academy of Sciences that reviewed tive agreement under section 23; and tenting, or fogging during— registered pesticides and their potential to ‘‘(vii) require the posting of signs in ac- ‘‘(I) the period specified on the label of the cause unreasonable adverse effects on human cordance with paragraph (4)(G). pesticide during which a treated area or health, particularly on the health of preg- ‘‘(D) APPROVAL BY ADMINISTRATOR.—Not room should remain unoccupied; or nant women, infants, and children, Congress later than 90 days after receiving a school ‘‘(II) if there is no period specified on the enacted the Food Quality Protection Act of pest management plan submitted by a State label, the 24-hour period beginning at the end 1996. That law requires EPA to reevaluate all agency under subparagraph (B), the Adminis- of the treatment. registered pesticides and new pesticides to trator shall— ‘‘(3) CONTACT PERSON.— measure their safety, taking into account ‘‘(i) determine whether the school pest ‘‘(A) IN GENERAL.—Each local educational the unique exposures and sensitivity that management plan, at a minimum, meets the agency shall designate a contact person to pregnant women, infants, and children may requirements of subparagraph (C); and carry out a school pest management plan in have to pesticides. EPA review under that ‘‘(ii)(I) if the Administrator determines schools under the jurisdiction of the local law is ongoing. You may request to be noti- that the school pest management plan meets educational agency. fied at least 24 hours in advance of pesticide the requirements, approve the school pest ‘‘(B) DUTIES.—The contact person of a local applications to be made and receive informa- management plan as part of the State coop- educational agency shall— tion about the applications by registering erative agreement; or ‘‘(i) maintain information about the sched- with the school. Certain pesticides used by ‘‘(II) if the Administrator determines that uling of pesticide applications in each school the school (including baits, pastes, and gels) the school pest management plan does not under the jurisdiction of the local edu- are exempt from notification requirements. meet the requirements— cational agency; If you would like more information con- ‘‘(aa) disapprove the school pest manage- ‘‘(ii) act as a contact for inquiries, and dis- cerning any pesticide application or any ment plan; seminate information requested by parents product used at the school, contact ø ‘‘(bb) provide the State agency with rec- or guardians, about the school pest manage- ¿’. ommendations for and assistance in revising ment plan; ‘‘(B) NOTIFICATION TO PERSONS ON REG- the school pest management plan to meet ‘‘(iii) maintain and make available to par- ISTRY.— the requirements; and ents, legal guardians, or other persons with ‘‘(i) IN GENERAL.—Except as provided in ‘‘(cc) provide a 90-day deadline by which legal standing as parents of each child at- clause (ii) and paragraph (5)— the State agency shall resubmit the revised tending the school, before and during the no- ‘‘(I) notice of an upcoming pesticide appli- school pest management plan to obtain ap- tice period and after application— cation at a school shall be provided to each proval of the plan, in accordance with the ‘‘(I) copies of material safety data sheet for person on the registry of the school not later State cooperative agreement. pesticides applied at the school, or copies of than 24 hours before the end of the last busi- ‘‘(E) DISTRIBUTION OF STATE PLAN TO material safety data sheets for end-use dilu- ness day during which the school is in ses- SCHOOLS.—On approval of the school pest tions of pesticides applied at the school, if sion that precedes the day on which the ap- management plan of a State agency, the data sheets are available; plication is to be made; and State agency shall make the school pest ‘‘(II) labels and fact sheets approved by the ‘‘(II) the application of a pesticide for management plan available to each local Administrator for all pesticides that may be which a notice is given under subclause (I) educational agency in the State. used by the local educational agency; and shall not commence before the end of the ‘‘(F) EXCEPTION FOR EXISTING STATE ‘‘(III) any final official information related business day. PLANS.—If, on the date of enactment of the to the pesticide, as provided to the local edu- ‘‘(ii) NOTIFICATION CONCERNING PESTICIDES School Environment Protection Act of 2001, cational agency by the State agency; and USED IN CURRICULA.—If pesticides are used as a State has implemented a school pest man- ‘‘(iv) for each school, maintain all pes- part of a regular vocational agricultural cur- agement plan that, at a minimum, meets the ticide use data for each pesticide used at the riculum of the school, a notice containing requirements under subparagraph (C) (as de- school (other than antimicrobial pesticides the information described in subclauses (I),

VerDate 19-JUN-2001 03:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.065 pfrm03 PsN: S19PT1 S6458 CONGRESSIONAL RECORD — SENATE June 19, 2001

(IV), (VI), and (VII) of clause (iii) for all pes- ‘‘(F) REISSUANCE.—If the date of the appli- ‘‘(1) precludes a State or political subdivi- ticides that may be used as a part of that cation of the pesticide needs to be extended sion of a State from imposing on local edu- curriculum shall be provided to persons on beyond the period required for notice under cational agencies and schools any require- the registry only once at the beginning of this paragraph, the school shall issue a no- ment under State or local law (including reg- each academic term of the school. tice containing only the new date and loca- ulations) that is more stringent than the re- ‘‘(iii) CONTENTS OF NOTICE.—A notice under tion of application. quirements imposed under this section; or clause (i) shall contain— ‘‘(G) POSTING OF SIGNS.— ‘‘(2) establishes any exception under, or af- ‘‘(I) the trade name, common name (if ap- ‘‘(i) IN GENERAL.—Except as provided in fects in any other way, section 24(b). plicable), and Environmental Protection paragraph (5)— ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Agency registration number of each pes- ‘‘(I) a school shall post a sign not later There are authorized to be appropriated such ticide to be applied; than the last business day during which sums as are necessary to carry out this sec- ‘‘(II) a description of each location at the school is in session preceding the date of ap- tion.’’. school at which a pesticide is to be applied; plication of a pesticide at the school; and (c) CONFORMING AMENDMENT.—The table of ‘‘(III) a description of the date and time of ‘‘(II) the application for which a sign is contents in section 1(b) of the Federal Insec- application, except that, in the case of an posted under subclause (I) shall not com- ticide, Fungicide, and Rodenticide Act (7 outdoor pesticide application, a notice shall mence before the time that is 24 hours after U.S.C. prec. 121) is amended by striking the include at least 3 dates, in chronological the end of the business day on which the sign items relating to sections 30 through 32 and order, on which the outdoor pesticide appli- is posted. inserting the following: ‘‘(ii) LOCATION.—A sign shall be posted cation may take place if the preceding date ‘‘Sec. 30. Minimum requirements for training under clause (i)— is canceled; of maintenance applicators and ‘‘(I) at a central location noticeable to in- ‘‘(IV) all information supplied to the local service technicians. dividuals entering the building; and educational agency by the State agency, in- ‘‘Sec. 31. Environmental Protection Agency ‘‘(II) at the proposed site of application. cluding a description of potentially acute minor use program. ‘‘(iii) ADMINISTRATION.—A sign required to and chronic effects that may result from ex- ‘‘Sec. 32. Department of Agriculture minor be posted under clause (i) shall— posure to each pesticide to be applied based use program. ‘‘(I) remain posted for at least 24 hours ‘‘(a) In general. on— after the end of the application; ‘‘(b)(1) Minor use pesticide data. ‘‘(aa) a description of potentially acute and ‘‘(II) be— ‘‘(2) Minor Use Pesticide Data chronic effects that may result from expo- ‘‘(aa) at least 81⁄2 inches by 11 inches for Revolving Fund. sure to each pesticide to be applied, as stated signs posted inside the school; and ‘‘Sec. 33. Pest management in schools. on the label of the pesticide approved by the ‘‘(bb) at least 4 inches by 5 inches for signs ‘‘(a) Definitions. Administrator; posted outside the school; and ‘‘(1) Bait. ‘‘(bb) information derived from the mate- ‘‘(III) contain— ‘‘(2) Contact person. rial safety data sheet for the end-use dilu- ‘‘(aa) information about the pest problem ‘‘(3) Emergency. tion of the pesticide to be applied (if avail- for which the application is necessary; ‘‘(4) Local educational agen- able) or the material safety data sheets; and ‘‘(bb) the name of each pesticide to be used; cy. ‘‘(cc) final, official information related to ‘‘(cc) the date of application; ‘‘(5) School. the pesticide prepared by the Administrator ‘‘(dd) the name and telephone number of ‘‘(6) Staff member. ‘‘(7) State agency. and provided to the local educational agency the designated contact person; and by the State agency; ‘‘(8) Universal notification. ‘‘(ee) the statement contained in subpara- ‘‘(b) School pest management ‘‘(V) a description of the purpose of the ap- graph (A)(iv). plans. plication of the pesticide; ‘‘(iv) OUTDOOR PESTICIDE APPLICATIONS.— ‘‘(VI) the address, telephone number, and ‘‘(1) State plans. ‘‘(I) IN GENERAL.—In the case of an outdoor ‘‘(2) Implementation by local website address of the Office of Pesticide pesticide application at a school, each sign Programs of the Environmental Protection educational agencies. shall include at least 3 dates, in chrono- ‘‘(3) Contact person. Agency; and logical order, on which the outdoor pesticide ‘‘(4) Notification. ‘‘(VII) the statement described in subpara- application may take place if the preceding ‘‘(5) Emergencies. graph (A)(iv) (other than the ninth sentence date is canceled. ‘‘(c) Relationship to State and of that statement). ‘‘(II) DURATION OF POSTING.—A sign de- local requirements. ‘‘(C) NOTIFICATION AND POSTING EXEMP- scribed in subclause (I) shall be posted after ‘‘(d) Authorization of appro- TION.—A notice or posting of a sign under an outdoor pesticide application in accord- priations. subparagraph (A), (B), or (G) shall not be re- ance with clauses (ii) and (iii). ‘‘Sec. 34. Severability. quired for the application at a school of— ‘‘(5) EMERGENCIES.— ‘‘Sec. 35. Authorization of appropriations.’’. ‘‘(i) an antimicrobial pesticide; ‘‘(A) IN GENERAL.—A school may apply a (d) EFFECTIVE DATE.—This section and the ‘‘(ii) a bait, gel, or paste that is placed— pesticide at the school without complying amendments made by this section take ef- ‘‘(I) out of reach of children or in an area with this part in an emergency, subject to fect on October 1, 2001. that is not accessible to children; or subparagraph (B). ‘‘(II) in a tamper-resistant or child-resist- ‘‘(B) SUBSEQUENT NOTIFICATION OF PARENTS, SA 806. Mr. REID (for Mr. HARKIN (for ant container or station; and GUARDIANS, AND STAFF MEMBERS.—Not later himself and Mr. LUGAR)) proposed an ‘‘(iii) any pesticide that, as of the date of than the earlier of the time that is 24 hours amendment to the bill S. 657, to au- enactment of the School Environment Pro- after a school applies a pesticide under this thorize funding for the National 4–H tection Act of 2001, is exempt from the re- paragraph or on the morning of the next quirements of this Act under section 25(b) business day, the school shall provide to Program Centennial Initiative; as fol- (including regulations promulgated at sec- each parent or guardian of a student listed lows: tion 152 of title 40, Code of Federal Regula- on the registry, a staff member listed on the Beginning on page 2, strike line 14 and all tions (or any successor regulation)). registry, and the designated contact person, that follows through page 3, line 22, and in- ‘‘(D) NEW STAFF MEMBERS AND STUDENTS.— notice of the application of the pesticide in sert the following: After the beginning of each school year, a an emergency that includes— (b) GRANT.— local educational agency or school within a ‘‘(i) the information required for a notice (1) IN GENERAL.—The Secretary of Agri- local educational agency shall provide each under paragraph (4)(G); and culture may provide a grant to the National notice required under subparagraph (A) to— ‘‘(ii) a description of the problem and the 4–H Council to pay the Federal share of the ‘‘(i) each new staff member who is em- factors that required the application of the cost of— ployed during the school year; and pesticide to avoid a threat to the health or (A) conducting a program of discussions ‘‘(ii) the parent or guardian of each new safety of a student or staff member. through meetings, seminars, and listening student enrolled during the school year. ‘‘(C) METHOD OF NOTIFICATION.—The school sessions on the National, State, and local ‘‘(E) METHOD OF NOTIFICATION.—A local may provide the notice required by para- levels regarding strategies for youth devel- educational agency or school may provide a graph (B) by any method of notification de- opment; and notice under this subsection, using informa- scribed in paragraph (4)(E). (B) preparing a report that— tion described in paragraph (4), in the form ‘‘(D) POSTING OF SIGNS.—Immediately after (i) summarizes and analyzes the discus- of— the application of a pesticide under this sions; ‘‘(i) a written notice sent home with the paragraph, a school shall post a sign warning (ii) makes specific recommendations of students and provided to staff members; of the pesticide application in accordance strategies for youth development; and ‘‘(ii) a telephone call; with clauses (ii) through (iv) of paragraph (iii) proposes a plan of action for carrying ‘‘(iii) direct contact; (4)(B). out those strategies. ‘‘(iv) a written notice mailed at least 1 ‘‘(c) RELATIONSHIP TO STATE AND LOCAL RE- (2) COST SHARING.— week before the application; or QUIREMENTS.—Nothing in this section (in- (A) IN GENERAL.—The Federal share of the ‘‘(v) a notice delivered electronically (such cluding regulations promulgated under this cost of the program under paragraph (1) shall as through electronic mail or facsimile). section)— be 50 percent.

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.065 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6459 (B) FORM OF NON-FEDERAL SHARE.—The sales by public utilities of electric en- SUBCOMMITTEE ON INTERNATIONAL TRADE AND non-Federal share of the cost of the program ergy at wholesale in the western en- FINANCE under paragraph (1) may be paid in the form ergy market, and for other purposes; Mr. REID. Mr. President, I ask unan- of cash or the provision of services, material, and sections 508–510 (relating to whole- imous consent that the Subcommittee or other in-kind contributions. on International Trade and Finance of (3) AMOUNT.—The grant made under this sale electricity rates in the western en- subsection shall not exceed $5,000,000. ergy market, natural gas rates in Cali- the Committee on Banking, Housing, (c) REPORT.—The National 4–H Council fornia, and the sale price of bundled and Urban Affairs be authorized to shall submit any report prepared under sub- natural gas transactions) of S. 597, the meet during the session of the Senate section (b) to the President, the Secretary of Comprehensive and Balanced Energy on June 19, 2001 to conduct a hearing Agriculture, the Committee on Agriculture Policy Act of 2001. on ‘‘Reauthorization of the U.S. Ex- of the House of Representatives, and the The PRESIDING OFFICER. Without port-Import Bank.’’ Committee on Agriculture, Nutrition, and objection, it is so ordered. The PRESIDING OFFICER. Without Forestry of the Senate. objection, it is so ordered. (d) FUNDING.—The Secretary may fund the COMMITTEE ON FINANCE grant authorized by this section from— Mr. REID. Mr. President, I ask unan- f (1) funds made available under subsection imous consent that the Committee on PRIVILEGE OF THE FLOOR (e); and Finance be authorized to meet during (2) notwithstanding subsections (c) and (d) the session of the Senate on Tuesday, Mr. REID. Mr. President, on behalf of of section 793 of the Federal Agriculture Im- June 19, 2001, to here testimony regard- Senator KENNEDY, I ask unanimous provement and Reform Act of 1996 (7 U.S.C. consent that Stacey Sachs, a fellow in 2204f), funds from the Account established ing Medicare Governance: Perspectives under section 793(a) of that Act. on the Centers for Medicare and Med- his office, have the privileges of the (e) AUTHORIZATION OF APPROPRIATIONS.— icaid Services (formerly HCFA). floor during the pendency of the debate There is authorized to be appropriated to The PRESIDING OFFICER. Without on S. 1052. carry out this section $5,000,000. objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. f COMMITTEE ON INDIAN AFFAIRS Mr. HARKIN. Mr. President, I ask NOTICE OF HEARING Mr. REID. Mr. President, I ask unan- unanimous consent that floor privi- imous consent that the Committee on COMMITTEE ON ENERGY AND NATURAL leges be granted to my health policy Indian Affairs be authorized to meet on fellow, Kris Hagglund, for the duration RESOURCES June 19, 2001, at 10:00 a.m. in room 485 Mr. BINGAMAN. Mr. President, I of the debate on the Patients’ Bill of Russell Senate Building to conduct a Rights. would like to announce for the infor- hearing to receive testimony on the mation of the Senate and the public The PRESIDING OFFICER. Without goals and priorites on the member objection, it is so ordered. that the Committee has scheduled a tribes of the Midwest Alliance of hearing to consider the nominations of Mr. REID. Mr. President, I ask unan- Soveregn Tribes For he 107th session of imous consent that Alaine Perry, a fel- Vicky A. Bailey to be an Assistant Sec- the Congress. retary of Energy (International Affairs low on Senator DASCHLE’s staff, be The PRESIDING OFFICER. Without granted privileges of the floor during and Domestic Policy), and Frances P. objection, it is so ordered. Mainella to be Director of the National debate on S. 1052. Park Service. COMMITTEE ON VETERANS’ AFFAIRS The PRESIDING OFFICER. Without The hearing will take place in room Mr. REID. Mr. President, I ask unan- objection, it is so ordered. imous consent that the Committee on 366, Dirksen Senate Office Building on f Wednesday, June 27, immediately fol- Veterans’ Affairs be authorized to meet lowing the committee’s 9:30 a.m. busi- during the session of the Senate on ORDER FOR STAR PRINT—S. 1041 ness meeting. Tuesday, June 19, 2001, for a markup on Mr. REID. Madam President, I ask Those wishing to submit written the nomination of Gordon H. Mansfield unanimous consent that S. 1041 be star statements on the nominations should to be Assistant Secretary for Congres- printed with the changes which are at address them to the Committee on En- sional Affairs at the Department of the desk. ergy and Natural Resources, United Veterans Affairs. The meeting will The PRESIDING OFFICER. Without States Senate, Washington, D.C., 20510. take place off the Senate chamber objection, it is so ordered. For further information, please con- after the first roll call vote of the day. f tact Sam Fowler at 202/224–7571. The PRESIDING OFFICER. Without objection, it is so ordered. f IMPORTANCE OF MEMBERSHIP OF SUBCOMMITTEE ON AGING THE UNITED STATES ON THE AUTHORITY FOR COMMITTEES TO Mr. REID. Mr. President, I ask unan- UNITED NATIONS HUMAN MEET imous consent that the Committee on RIGHTS COMMISSION COMMITTEE ON COMMERCE, SCIENCE, AND Health, Education, Labor, and Pen- Mr. REID. Madam President, I ask TRANSPORTATION sions, Subcommittee on Aging be au- unanimous consent that the Senate Mr. REID. Mr. President, I ask unan- thorized to meet for a hearing on ‘‘Ger- proceed to the immediate consider- imous consent that the Committee on iatrics: Meeting the Needs of Our Most ation of Calendar No. 50, S. Res. 88. Commerce, Science, and Transpor- Vulnerable Seniors in the 21st Cen- The PRESIDING OFFICER. The tation be authorized to meet on Tues- tury,’’ during the session of the Senate clerk will report the resolution by day, June 19, 2001, At 9:30 a.m. on local on Tuesday, June 19, 2001, at 10:00 a.m. title. competition. The PRESIDING OFFICER. Without The assistant legislative clerk read The PRESIDING OFFICER. Without objection, it is so ordered. as follows: objection, it is so ordered. SUBCOMMITTEE ON HOUSING AND A resolution (S. Res. 88) expressing the COMMITTEE ON ENERGY AND NATURAL TRANSPORTATION sense of the Senate on the importance of RESOURCES Mr. REID. Mr. President, I ask unan- membership of the United States on the Mr. REID. Mr. President, I ask unan- imous consent that the Subcommittee United Nations Human Rights Commission. imous consent that the Committee on on Housing and Transportation of the There being no objection, the Senate Energy and Natural Resources be au- Committee on Banking, Housing, and proceeded to consider the resolution. thorized to meet during the session of Urban Affairs be authorized to meet Mr. REID. Madam President, I ask the Senate on Tuesday, June 19 at 9:00 during the session of the Senate on unanimous consent the resolution and a.m. to conduct a hearing. The com- June 19, 2001, to conduct an oversight preamble be agreed to en bloc, the mo- mittee will receive testimony on S. 764, hearing on the Multifamily assisted tion to reconsider be laid upon the a bill to direct the Federal Energy Reg- Housing Reform and Affordability Act table en bloc, and any statements re- ulatory Commission to impose just and of 1997. lated thereto be printed in the RECORD. reasonable load-differentiated demand The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without rate or cost-of-service based rates on objection, it is so ordered. objection, it is so ordered.

VerDate 19-JUN-2001 03:01 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.062 pfrm03 PsN: S19PT1 S6460 CONGRESSIONAL RECORD — SENATE June 19, 2001 The resolution (S. Res. 88) and its Elchanan Tannenbaum, presently held by The PRESIDING OFFICER. Without preamble were agreed to en bloc. Hezbollah forces in Lebanon. objection, it is so ordered. The resolution, with its preamble, There being no objection, the Senate The concurrent resolution (S. Con. reads as follows: proceeded to consider the concurrent Res. 42) and the preamble was agreed to S. RES. 88 resolution. en bloc. Whereas the United States played a crit- Mr. REID. Madam President, I ask The concurrent resolution, with its ical role in drafting the Universal Declara- unanimous consent that the concur- preamble, reads as follows: tion of Human Rights, which outlines the rent resolution and the preamble be S. CON. RES. 42 universal rights promoted and protected by agreed to en bloc, the motion to recon- Whereas the Taleban militia took power in the United Nations Human Rights Commis- sider be laid upon the table en bloc, Afghanistan in 1996, and now rules over 90 sion; and that any statements related there- percent of the country; Whereas the United Nations Human Rights to be printed in the RECORD. Whereas, under Taleban rule, most polit- Commission is the most important and visi- ical, civil, and human rights are denied to ble international entity dealing with the The PRESIDING OFFICER. Without objection, it is so ordered. the Afghan people; promotion and protection of universal Whereas women, minorities, and children human rights and is the main policy-making The concurrent resolution (S. Con. Res. 35) and its preamble were agreed suffer disproportionately under Taleban rule; entity dealing with human rights issues Whereas, according to the United States within the United Nations; to en bloc. Department of State Country Report on Whereas the 53 member governments of the The concurrent resolution, with its Human Rights Practices, violence against United Nations Human Rights Commission preamble, reads as follows: women and girls in Afghanistan occurs fre- prepare studies, make recommendations, S. CON. RES. 35 quently, including beatings, rapes, forced draft international human rights conven- marriages, disappearances, kidnapings, and tions and declarations, investigate allega- Whereas on October 7, 2000, Hezbollah units, in clear violation of international law, killings; tions of human rights violations, and handle Whereas Taleban edicts isolate Muslim and communications relating to human rights; crossed Lebanon’s international border and kidnapped three Israeli soldiers, Adi Avitan, non-Muslim minorities, and will require the Whereas the United States has held a seat thousands of Hindus living in Taleban-ruled on the United Nations Human Rights Com- Binyamin Avraham, and Omar Souad; Whereas on October 15, 2000, Hezbollah an- Afghanistan to wear identity labels on their mission since its creation in 1947; clothing, singling out these minorities for Whereas the United States has worked in nounced that it had abducted a fourth Israeli, Elchanan Tannenbaum; discrimination and harsh treatment; the United Nations Human Rights Commis- Whereas Taleban forces have targeted eth- sion for 54 years to improve respect for Whereas these captives are being held by Hezbollah in Lebanon; nic Shiite Hazaras, many of whom have been human rights throughout the world; massacred, while those who have survived, Whereas the United Nations Human Rights Whereas the 2000 Department of State re- port on foreign terrorist organizations stated are denied relief and discriminated against Commission adopted significant resolutions for their religious beliefs; condemning ongoing human rights abuses in that Hezbollah receives substantial amounts of financial assistance, training, weapons, Whereas non-Muslim religious symbols are Cuba, Iran, Iraq, Chechnya, Congo, Afghani- banned, and earlier this year Taleban forces stan, Equatorial Guinea, Burundi, Rwanda, explosives, and political, diplomatic, and or- ganizational assistance from Iran and Syria; obliterated 2 ancient statues of Buddha, Burma, and Sierra Leone in April, 2001, with claiming they were idolatrous symbols; the support of the United States; Whereas Syria, Lebanon, and Iran voted in favor of the Universal Declaration of Human Whereas Afghanistan is currently suffering Whereas, on May 3, 2001, the United States from its worst drought in 3 decades, affecting was not re-elected to membership in the Rights in the United Nations General Assem- bly; almost one-half of Afghanistan’s 21,000,000 United Nations Human Rights Commission; population, with the impact severely exacer- Whereas some of the countries elected to Whereas the International Committee of the Red Cross has made numerous attempts bated by the ongoing civil war and Taleban the United Nations Human Rights Commis- policies denying relief to needy areas; sion have been the subject of resolutions by to gain access to assess the condition of these prisoners; and Whereas the Taleban has systematically the Commission citing them for human interfered with United Nations relief pro- rights abuses; and Whereas the International Committee of the Red Cross has been denied access to grams and workers, recently closing a new Whereas it is important for the United hospital and arresting local workers, closing States to be a member of the United Nations these prisoners: Now, therefore, be it Resolved by the Senate (the House of Rep- United Nations World Food Program bak- Human Rights Commission in order to pro- resentatives concurring), That it is the sense eries providing much needed food, and clos- mote human rights worldwide most effec- of Congress that Lebanon, Syria, and Iran ing offices of the United Nations Special tively: Now, therefore, be it Mission to Afghanistan in 4 Afghan cities; Resolved, That it is the sense of the Senate should allow representatives of the Inter- Whereas, as a result of those policies, there that— national Committee of the Red Cross to visit are more than 25,000,000 persons who are in- (1) the United States has made important the four Israelis, Adi Avitan, Binyamin ternally displaced within Afghanistan, and contributions to the United Nations Human Avraham, Omar Souad, and Elchanan Tan- this year, contrary to past practice, the Rights Commission for the past 54 years; nenbaum, presently held by Hezbollah forces Taleban rejected a United Nations call for a (2) the recent loss of membership of the in Lebanon. cease-fire in order to bring assistance to the United States on the United Nations Human f internally displaced; Rights Commission is a setback for human CONDEMNATION OF THE TALEBAN Whereas, as a result of Taleban policies, rights throughout the world; and there are now more than 2,200,000 Afghan ref- (3) the Administration should work with Mr. REID. Madam President, I ask ugees in Pakistan, and 500,000 more refugees the European allies of the United States and unanimous consent that the Senate are expected to flee in the coming months other nations to restore the membership of proceed to the immediate consider- unless some form of relief is forthcoming; the United States on the United Nations ation of Calendar No. 52, S. Con. Res. Whereas Pakistan has closed its borders to Human Rights Commission. 42. Afghanistan, and has announced that Paki- f The PRESIDING OFFICER. The stani and United Nations officials will begin ALLOWING RED CROSS VISITATION clerk will report the resolution by screening refugees in June with a view to- title. ward forcibly repatriating all those who are Mr. REID. Madam President, I ask The assistant legislative clerk read found to be staying illegally in Pakistan; unanimous consent that the Senate as follows: Whereas the Taleban leadership continues proceed to the immediate consider- to give safe haven to terrorists, including A concurrent resolution (S. Con. Res. 42) ation of Calendar No. 51, S. Con. Res. Osama bin Laden, and is known to host and condemning the Taleban for their discrimi- provide training ground to other terrorist or- 35. natory policies, and for other purposes. The PRESIDING OFFICER. The ganizations; and There being no objection, the Senate clerk will report the resolution by Whereas the people of Afghanistan are the proceeded to consider the concurrent greatest victims of the Taleban, and in rec- title. ognition of that fact, the United States has The assistant legislative clerk read resolution. Mr. REID. Madam President, I ask provided $124,000,000 in relief to the people of as follows: unanimous consent that the concur- Afghanistan this year: Now, therefore, be it A concurrent resolution (S. Con. Res. 35) rent resolution and the preamble be Resolved by the Senate (the House of Rep- expressing sense of Congress that Lebanon, resentatives concurring), That Congress— Syria and Iran should allow representatives agreed to en bloc, the motion to recon- (1) condemns the harsh and discriminatory of the International Committee of the Red sider be laid upon the table en bloc, policies of the Taleban toward Muslims, Hin- Cross to visit the four Israelis, Adi Avitan, and that any statements related there- dus, women, and all other minorities, and Binyamin Avraham, Omar Souad, and to be printed in the RECORD. the attendant destruction of religious icons;

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JN6.131 pfrm03 PsN: S19PT1 June 19, 2001 CONGRESSIONAL RECORD — SENATE S6461

(2) urges the Taleban to immediately re- (3) AMOUNT.—The grant made under this (d) FUNDING.—The Secretary may fund the open United Nations offices and hospitals subsection shall not exceed $5,000,000. grant authorized by this section from— and allow the provision of relief to all the (c) REPORT.—The National 4–H Council (1) funds made available under subsection people of Afghanistan; shall submit any report prepared under sub- (e); and (3) commends President George W. Bush section (b) to the President, the Secretary of (2) notwithstanding subsections (c) and (d) and his administration for their recognition Agriculture, the Committee on Agriculture of section 793 of the Federal Agriculture Im- of these urgent issues and encourages Presi- of the House of Representatives, and the provement and Reform Act of 1996 (7 U.S.C. dent Bush to continue to respond to those Committee on Agriculture, Nutrition, and 2204f), funds from the Account established issues; Forestry of the Senate. under section 793(a) of that Act. (4) recognizes the burdens placed on the (d) FUNDING.—The Secretary may fund the (e) AUTHORIZATION OF APPROPRIATIONS.— Government of Pakistan by Afghan refugees, grant authorized by this section from— There is authorized to be appropriated to and calls on that Government to facilitate (1) funds made available under subsection carry out this section $5,000,000. (e); and the provision of relief to these refugees and f to abandon any plans for forced repatriation; (2) notwithstanding subsections (c) and (d) and of section 793 of the Federal Agriculture Im- CONGRATULATING THE LOS (5) calls on the international community provement and Reform Act of 1996 (7 U.S.C. ANGELES LAKERS to increase assistance to the Afghan people 2204f), funds from the Account established and consider granting asylum to at-risk Af- under section 793(a) of that Act. Mr. REID. Madam President, I ask ghan refugees. (e) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that the Senate There is authorized to be appropriated to f proceed to the consideration of S. Res. carry out this section $5,000,000. 113 submitted earlier today by Sen- NATIONAL 4–H PROGRAM The bill (S. 657), as amended, was ators BOXER and FEINSTEIN. CENTENNIAL INITIATIVE read the third time and passed, as fol- The PRESIDING OFFICER. The Mr. REID. Madam President, I ask lows: clerk will report. unanimous consent that the Agri- S. 657 The assistant legislative clerk read culture Committee be discharged from Be it enacted by the Senate and House of Rep- as follows: further consideration of S. 657, and resentatives of the United States of America in A resolution (S. Res. 113) acknowledging that the Senate then proceed to its Congress assembled, that the Los Angeles Lakers are the undis- consideration. SECTION 1. NATIONAL 4–H PROGRAM CENTEN- puted 2001 National Basketball Association NIAL INITIATIVE. The PRESIDING OFFICER. Without champions and congratulating them for out- (a) FINDINGS.—Congress finds that— standing drive, discipline and dominance. objection, it is so ordered. (1) the 4–H Program is 1 of the largest The clerk will report the bill by title. youth development organizations operating There being no objection, the Senate The assistant legislative clerk read in each of the 50 States and over 3,000 coun- proceeded to consider the resolution. as follows: ties; Mr. REID. Madam President, I ask A bill (S. 657) to authorize funding for the (2) the 4–H Program is promoted by the unanimous consent that the resolution National 4–H Program Centennial Initiative. Secretary of Agriculture through the Coop- and preamble be agreed to en bloc, the erative State Research, Education, and Ex- motion to reconsider be laid upon the There being no objection, the Senate tension Service and land-grant colleges and proceeded to consider the bill. universities; table, and that any statements relating Mr. REID. Madam President, Sen- (3) the 4–H Program is supported by public thereto be printed in the RECORD with ators HARKIN and LUGAR have an and private resources, including the National no intervening action. amendment at the desk. I ask unani- 4–H Council; and The PRESIDING OFFICER. Without mous consent that the amendment be (4) in celebration of the centennial of the objection, it is so ordered. agreed to, the bill, as amended, be read 4–H Program in 2002, the National 4–H Coun- The resolution (S. Res. 113) and the three times and passed, the motion to cil has proposed a public-private partnership preamble were agreed to en bloc. to develop new strategies for youth develop- (The text of S. Res. 113 is located in reconsider be laid upon the table with- ment for the next century in light of an in- out any intervening action, and that creasingly global and technology-oriented today’s RECORD under ‘‘Statements on any statements relating thereto be economy and ever-changing demands and Submitted Resolutions.’’) printed in the RECORD. challenges facing youth in widely diverse f The PRESIDING OFFICER. Without communities. ORDERS FOR WEDNESDAY, JUNE objection, it is so ordered. (b) GRANT.— The amendment (No. 806) was agreed (1) IN GENERAL.—The Secretary of Agri- 20, 2001 to, as follows: culture may provide a grant to the National Mr. REID. Madam President, I ask 4–H Council to pay the Federal share of the unanimous consent that when the Sen- (Purpose: To modify the funding for the cost of— National 4–H Program Centennial Initiative) (A) conducting a program of discussions ate completes its business today, it ad- Beginning on page 2, strike line 14 and all through meetings, seminars, and listening journ until the hour of 10 a.m. on that follows through page 3, line 22, and in- sessions on the National, State, and local Wednesday, June 30. I further ask sert the following: levels regarding strategies for youth devel- unanimous consent that on Wednesday (b) GRANT.— opment; and immediately following the prayer and (1) IN GENERAL.—The Secretary of Agri- (B) preparing a report that— the pledge, the Journal of proceedings culture may provide a grant to the National (i) summarizes and analyzes the discus- be approved to date, the morning hour 4–H Council to pay the Federal share of the sions; be deemed expired, the time for the two cost of— (ii) makes specific recommendations of (A) conducting a program of discussions strategies for youth development; and leaders be reserved for their use later through meetings, seminars, and listening (iii) proposes a plan of action for carrying in the day, and the Senate resume con- sessions on the National, State, and local out those strategies. sideration of the motion to proceed to levels regarding strategies for youth devel- (2) COST SHARING.— S. 1052, the Patients’ Bill of Rights, opment; and (A) IN GENERAL.—The Federal share of the with time for debate on the motion al- (B) preparing a report that— cost of the program under paragraph (1) shall ternating in 30-minute increments be- (i) summarizes and analyzes the discus- be 50 percent. tween Senator KENNEDY or his designee sions; (B) FORM OF NON-FEDERAL SHARE.—The and Senator GREGG or his designee be- (ii) makes specific recommendations of non-Federal share of the cost of the program strategies for youth development; and under paragraph (1) may be paid in the form ginning with the first block of time (iii) proposes a plan of action for carrying of cash or the provision of services, material, controlled by the Democratic manager, out those strategies. or other in-kind contributions. Senator Kennedy. (2) COST SHARING.— (3) AMOUNT.—The grant made under this The PRESIDING OFFICER. Without (A) IN GENERAL.—The Federal share of the subsection shall not exceed $5,000,000. objection, it is so ordered. cost of the program under paragraph (1) shall (c) REPORT.—The National 4–H Council be 50 percent. shall submit any report prepared under sub- f (B) FORM OF NON-FEDERAL SHARE.—The section (b) to the President, the Secretary of PROGRAM non-Federal share of the cost of the program Agriculture, the Committee on Agriculture under paragraph (1) may be paid in the form of the House of Representatives, and the Mr. REID. Madam President, as the of cash or the provision of services, material, Committee on Agriculture, Nutrition, and majority leader indicated just a few or other in-kind contributions. Forestry of the Senate. minutes ago, on Wednesday the Senate

VerDate 19-JUN-2001 02:26 Jun 20, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JN6.064 pfrm03 PsN: S19PT1 S6462 CONGRESSIONAL RECORD — SENATE June 19, 2001 will continue to consider the motion to As the leader indicated, when we get DEPARTMENT OF AGRICULTURE proceed to the Patients’ Bill of Rights back from the break, if in fact there is JAMES R. MOSELEY, OF INDIANA, TO BE DEPUTY SEC- all day tomorrow. Under a previous a break, there are 13 appropriations RETARY OF AGRICULTURE, VICE RICHARD E. ROMINGER, consent agreement, the Senate will bills on which we have to work. This is RESIGNED. vote on a motion to proceed to the Pa- the time to do the Patients’ Bill of DEPARTMENT OF DEFENSE tients’ Bill of Rights on Thursday at 10 Rights, and Senator DASCHLE has said MICHAEL PARKER, OF MISSISSIPPI, TO BE AN ASSIST- a.m., and for the time prior to 12 that we are going to complete it prior ANT SECRETARY OF THE ARMY, VICE JOSEPH W. o’clock we will have a discussion on to the Fourth of July break. WESTPHAL. that motion to proceed and general de- f DEPARTMENT OF STATE bate. Thereafter, the Republicans will ADJOURNMENT UNTIL 10 A.M. MICHAEL E. GUEST, OF SOUTH CAROLINA, A CAREER offer the first amendment. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TOMORROW MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- The majority leader asked that I con- Mr. REID. Madam President, if there DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO ROMANIA. vey to everyone that the RECORD be is no further business to come before spread with the fact that the majority the Senate, I ask unanimous consent THE JUDICIARY leader is going to conclude this debate that the Senate stand in adjournment LAURIE SMITH CAMP, OF NEBRASKA, TO BE UNITED on the Patients’ Bill of Rights prior to under the previous order. STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- our taking any recess for July 4. It is BRASKA, VICE WILLIAM G. CAMBRIDGE, RETIRED. There being no objection, the Senate, PAUL G. CASSELL, OF UTAH, TO BE UNITED STATES going to be difficult. But if it is not at 6:44 p.m., adjourned until Wednes- DISTRICT JUDGE FOR THE DISTRICT OF UTAH, VICE done, that is what he is going to do. He day, June 20, 2001, at 10 a.m. DAVID SAM, RETIRED. has indicated that we will work Friday, f Saturday, and Sunday. The only day DEPARTMENT OF JUDICIARY we are going to take off is the holiday, NOMINATIONS SHAREE M. FREEMAN, OF VIRGINIA, TO BE DIRECTOR, COMMUNITY RELATIONS SERVICE, FOR A TERM OF FOUR July 4, until we finish this very impor- Executive nominations received by YEARS, VICE ROSE OCHI, TERM EXPIRED. tant legislation. the Senate June 19, 2001:

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CONGRATULATING DR. PETE with Martha Graham, Doris Humphrey, Hanya Despite enormous growth in population in MEHAS Holm and Lester Horton, forges a new art the early 1900’s and several incorporation at- form which was truly American. tempts, the area remained the Town of Lake HON. GEORGE RADANOVICH Mr. Weidman, who was born in Lincoln, Ne- for over 100 years. However, as the City of braska, on July 22, 1901, was the foremost OF CALIFORNIA Milwaukee continued to expand after World male dancer of his era. In 1928, Mr. Weidman War II, concerns about being annexed with IN THE HOUSE OF REPRESENTATIVES and his partner, Doris Humphrey established a Milwaukee grew. Determined to maintain a Tuesday, June 19, 2001 company and school devoted to exploring a separate identify from Wisconsin’s largest city, Mr. RADANOVICH. Mr. Speaker, I rise new aestethic. During his time, Mr. Weidman a small group of area business people and today to congratulate Dr. Pete Mehas for gave important encouragement to male danc- community leaders began to rally support for being chosen as the 2001 recipient of the ers, developing a system of exercises for them incorporation. Their efforts paid off, as resi- Rose Ann Vuich Ethical Leadership Award. which endowed the Humphrey-Weidman Com- dents approved the plan by nearly a 3 to 1 The Rose Ann Vuich Award, which was estab- pany with a stimulating virility. In 1933 he margin, and in 1951, the City of St. Francis lished in 1998, aims to recognize elected lead- choreographed Candide, the first full length was born. ers who symbolize integrity, strength of char- modern dance work. In addition, his invention Incorporation wasn’t easy. Banks didn’t think acter, and exemplary ethical behavior. of kinetic pantomime, a non-representational the municipality was financially viable, and Dr. Peter Mehas is in his third term as Fres- pantomime, was yet another of his major con- finding the money to provide city services no County Superintendent of Schools. He is a tributions to the dance world. Mr. Weidman proved difficult. But the citizens of St. Francis dedicated public servant who began serving and Miss Humphrey were the first American refused to give up on their dream to make the community of Fresno as a teacher in modern dance choreographers to compose their new city a success. Through the adver- 1963. He quickly progressed from assistant dances for Broadway shows. In addition, sity grew a very special spirit of community principal at Clovis High School, to principal, to Weidman was the first choreographer for the activism and pride. Volunteers put in countless assistant superintendent, to associate super- New York City Opera. Throughout his illus- hours, serving on commissions and commit- intendent in the Clovis Unified School District. trious career, Mr. Weidman’s versatility as a tees, working on projects and events, helping Dr. Mehas holds a lifetime California Standard choreographer lead him to create dramatic, make St. Francis a wonderful place to live and Secondary Teaching Credential and General lyric, abstract, historic, and comic works, as work. Elementary Credential, as well as a lifetime well as works for Broadway shows, revues, That same community spirit is still alive and School Service Credential in General Adminis- and operas. His large body of work reflects his well in the City of St. Francis today. Volun- tration. serious humanistic concerns, hit wit, and his teers still sit on municipal committees and plan In 1987, Dr. Mehas was appointed by Gov- clarity as a choreographer. Throughout his ca- and run events like the 4th of July Celebration ernor Deukmejian as his Chief Advisor on reer, Mr. Weidman trained and influenced and St. Francis Days. Community organiza- matters relating to all public education in the many dancers through the Humphrey- tions and volunteers have joined together to state of California. President George Bush, in Weidman Company and as a Master Teacher build a community center, a library and a vet- 1991, appointed Dr. Mehas to a 17 member on his own, including: Gene Kelly, Alvin Ailey, eran’s memorial. advisory commission to implement his execu- Jose Limon, Bob Fosse, Charles Morre, and And so it is quite fitting that civil groups tive order on Latino education. In 1998, Gov- Jack Cole. Mr. Weidman not only had a pro- such as the St. Francis Historical Society are ernor Pete Wilson appointed Dr. Mehas to the found influence upon the development of working hard to make the City of St. Francis’ California Community College Board of Gov- American modern dance, but was also influen- 50th anniversary a very special celebration for ernors. tial in the rise of American jazz dance. a very special community. It is with great The Rose Ann Vuich Award is sponsored by The arts have always been a factor in the pleasure that I wish St. Francis a very happy the Fresno Business Council, the Fresno Bee, developing of a great society, and both per- 50th birthday, and extend my best wishes for and the Kenneth L. Maddy Institute of Public formance and visual arts have played a crucial a long and prosperous future for the city and Affairs. The award honors Senator Vuich, who role in the development of this great nation. I all its residents. consistently maintained high ethical standards wish to personally thank Dance Consort: f and earned bipartisan respect throughout her Mezzacappa-Gabrian and youth organization career in the State legislature. The award Young Dancers in Repertory. I also would like EXPRESSING SORROW OF THE aims to recognize elected leaders who sym- to thank them and wish them the best of luck HOUSE AT THE DEATH OF THE bolize integrity, strength of character, and ex- as they go abroad to represent us in Italy dur- HONORABLE JOHN JOSEPH emplary ethical behavior. ing the Dance Grand Prix Italia 2001. MOAKLEY, A REPRESENTATIVE Mr. Speaker, I want to congratulate Dr. Pete f FROM THE COMMONWEALTH OF MASSACHUSETTS Mehas for being chosen as the recipient of the CONGRATULATIONS TO THE CITY Rose Ann Vuich Award. I urge my colleagues OF ST. FRANCIS ON ITS 50TH SPEECH OF to join me in praising Dr. Pete Mehas for his BIRTHDAY years of educational service in my district. HON. BILL LUTHER f HON. GERALD D. KLECZKA OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF CHARLES OF WISCONSIN WEIDMAN DANCE CONSORT: IN THE HOUSE OF REPRESENTATIVES Wednesday, June 6, 2001 MEZZACAPPA-GABRIAN AND Tuesday, June 19, 2001 Mr. LUTHER. Mr. Speaker, I want to take a YOUNG DANCERS IN REPERTORY Mr. KLECZKA. Mr. Speaker, this year marks moment to honor our late colleague, Con- the 50th anniversary of the incorporation of gressman JOE MOAKLEY. HON. NYDIA M. VELA´ ZQUEZ the City of St. Francis, Wisconsin, which I am JOE MOAKLEY exemplified what public serv- OF NEW YORK proud to say is in my congressional district. ice is supposed to be. He served his country IN THE HOUSE OF REPRESENTATIVES The area that is now St. Francis was once in the Navy, went on to represent his friends home to bands of the Menomonee and Pota- and neighbors in the State of Massachusetts Tuesday, June 19, 2001 watomi nations until the lands were ceded to and then brought his dedication to the people Ms. VELA´ ZQUEZ. Mr. Speaker, I rise today, the U.S. iin the 1830s. Once a French trading of Boston to the United States Congress. He to celebrate the Centenary of Charles post and part of the Northwest Territory, this served with honor, compassion and a genuine Weidman (1901–1975), American modern area was soon settled by farmers, and in belief that he was doing the best he could for dance pioneer, this year. Mr. Weidman, along 1840, it became part of the Town of Lake. the people who put him there. His commitment

∑ 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. E1142 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 to helping people reached from the streets of emulate JOE MOAKELY, and embrace the Xolani Nkosi Johnson was born with the Boston to the people of El Salvador. His statesmanship and integrity he brought to this HIV/AIDS virus. When Nkosi was three years humor and smile brought much-needed opti- chamber. of age, his mother died of complications due mism and enthusiasm to Congress, and he f to AIDS. Nkosi was the international spokes- made this a better place to work. person for children infected with HIV/AIDS. He IN RECOGNITION OF CARIDAD JOE was always there for the people he rep- was the inspiration behind Nkosi’s Haven, a resented, and he was always there for his GARCIA care center for infected women and children in friends. When my own family struggled to Johannesburg, South Africa. A gifted and ex- cope with a serious health problem just a few HON. ROBERT MENENDEZ perienced speaker, Nkosi traveled the world years ago, JOE was there to encourage and OF NEW JERSEY delivering his message in his own words on support us through that very difficult time. His IN THE HOUSE OF REPRESENTATIVES how AIDS has affected his life, what help the understanding and concern were a great Tuesday, June 19, 2001 international community can render, the bene- source of comfort, and I hope that the incred- Mr. MENENDEZ. Mr. Speaker, I rise today fits of empowerment initiatives, and the impor- ible outpouring of tributes celebrating JOE’s life to recognize Caridad Garcia for her out- tance of community support. will bring that same comfort to his loved ones. standing achievements as a successful pro- When Nkosi was old enough to attend Few people are as big-hearted and giving ducer and radio personality of numerous school, his HIV status set off a firestorm in the as JOE, and he will be sorely missed. His Spanish broadcasting programs. I am also public schools system. School officials were memory and good works will live on and con- here today to pay tribute to Caridad Garcia for reluctant to allow him to attend school. Nkosi tinue to touch and improve the lives of people her great accomplishments as a public rela- took his case to the media and government of- in Boston, in the United States, and around tions consultant. ficials, and as a result, legislation was passed the globe. Caridad Garcia began her distinguished ca- in South Africa that assures that all children f reer in 1989, as Executive Director of the will have the right to attend school regardless Hope Line Program in New York City. While of their medical status. EXPRESSING SORROW OF THE Nkosi was indeed a brave young man. His HOUSE AT THE DEATH OF THE heading up the Hope Line Program, she cre- ated and directed a centralized bilingual out- courage and commitment to the children of HONORABLE JOHN JOSEPH South Africa was never ending until his un- MOAKLEY, A REPRESENTATIVE reach, information, referral, and advocacy pro- gram for Hispanic residents living in New York timely death on June 1, 2001. FROM THE COMMONWEALTH OF So long Brave Warrior King (Nkosi is the MASSACHUSETTS City. Through her efforts, she was able to en- sure that Spanish-speaking residents living in Zulu word for King). SPEECH OF New York City’s metropolitan area had access f HON. JAMES R. LANGEVIN to vital information affecting their communities. CONGRATULATING BARBARA As a public relations consultant, Ms. Garcia GOODWIN OF RHODE ISLAND has organized and produced several public re- IN THE HOUSE OF REPRESENTATIVES lations campaigns targeting consumers in the Wednesday, June 6, 2001 Hispanic community. Between 1992 and 1994, HON. GEORGE RADANOVICH OF CALIFORNIA Mr. LANGEVIN. Mr. Speaker, I rise today to she handled consumer outreach and public re- IN THE HOUSE OF REPRESENTATIVES pay tribute to my good friend and colleague, lation initiatives for Downy Fabric Softener and the Honorable JOHN JOSEPH MOAKLEY. Procter and Gamble. Tuesday, June 19, 2001 Currently, Caridad Garcia is Director of Pro- The passing of Congressman MOAKLEY was Mr. RADANOVICH. Mr. Speaker, I rise motions, Public Relations, and Public Affairs at a tremendous loss to this Congress, and we today to congratulate Barbara Goodwin for Radio Unica. Radio Unica is the only radio should continue to honor his memory as befits being chosen as the recipient of the Excel- station in the United States to broadcast in a man of his stature. In both his personal life lence in Public Service Award for 2001. The Spanish 24-hours a day. As a result of her and his service in this body he displayed the Excellence in Public Service Award honors hard work, Radio Unica now reaches approxi- highest values of statesmanship, and with that courage, integrity and the striving for excel- mately 80 percent of the U.S. Latino popu- service an unparalleled quality of character. lence by someone in the public sector. lation through a group of stations and affiliates Joe brought hard work and integrity to this Barbara is currently the Executive Director nationwide. body, and he fought for people everywhere. of the Council of Fresno County Governments He worked to provide for the people in his For the past two decades, Caridad Garcia has served as an exceptional role model for (COG), a position she has held since June of home of South Boston. He also championed 1994. She has extensive experience with the human rights. In 1989 he chaired a special the Latino community and for all Americans. Today, I ask my colleagues to join me in responsibilities and functions of a metropolitan commission to investigate the killings of six recognizing Caridad Garcia for her exceptional planning organization and regional transpor- Jesuit priests, their housekeeper and her contributions in the field of radio broadcasting, tation-planning agency. Barbara is currently daughter in El Salvador. After concluding his and for her selfless service to her community the chairperson of the San Joaquin Valley duty on the commission, he continued to fight and country. GOG Directors Association. She also currently for democracy and freedom for the people of serves on Fresno County’s United Way Vision El Salvador. He also fought to make education f 20/20 Leadership Committee. She is a cum affordable and available for all, claiming, ‘‘stu- A TRIBUTE TO NKOSI JOHNSON laude graduate of California State University, dent loans and public education are the es- Fresno, with a B.A. Degree in Journalism/Pub- sence of the American dream.’’ Throughout HON. DONALD M. PAYNE lic Relations. his public service career he ensured that this OF NEW JERSEY Mr. Speaker, I want to congratulate Barbara dream would be realized by our youth. IN THE HOUSE OF REPRESENTATIVES Goodwin for being chosen as the recipient of Throughout his years in Congress, Mr. the Excellence in Public Service Award. I urge Tuesday, June 19, 2001 MOAKLEY was magnanimous and respectful of my colleagues to join me in wishing Barbara all his colleagues. Those who worked with him Mr. PAYNE. Mr. Speaker, The blessing of Goodwin many years of continued success. closely in the Rules Committee and on the his life is that he showed a lot of people how f House floor, always refer to his wit, humor and to live . . . not just people infected with HIV/ professional demeanor regardless of how con- AIDS—but a lot of us . . . He taught us how TRIBUTE TO TARQUINA ALVAREZ– troversial an issue might have been. He may to share. He taught us how to give . . . He DILLARD have disagreed with you, but he would always taught us how to forgive—Diane Stevens. respect you. He was a true friend to members Although we are generally aware of the rav- HON. JANE HARMAN on both sides of the aisle. ages of AIDS in Africa, few of us have an op- OF CALIFORNIA I wish to express my sympathies to the fam- portunity to see first hand the personal de- IN THE HOUSE OF REPRESENTATIVES ily and friends of Congressman MOAKLEY, and struction on individuals. Each year four million Tuesday, June 19, 2001 the members of his staff; and to Mr. MCGOV- people on the African Continent are afflicted ERN, in particular, who worked for Mr. MOAK- with this terrible disease. Hardest hit are the Ms. HARMAN. Mr. Speaker, I rise today to LEY for 13 years before running for Congress children. Many are orphaned when parents honor Tarquina Alvarez-Dillard, a constituent himself. I urge all of my colleagues to strive to die, many are born with HIV/AIDS. who received the 2001 Outstanding Clinician CONGRESSIONAL RECORD — Extensions of Remarks E1143 Award from the National Family Planning and voucher program. I have consistently opposed dren with the best we can offer, we cannot Reproductive Health Association. any private voucher proposal because it would honestly say we have left no child behind. Tarquina has worked for over 25 years at undermine public financing for public schools the Women’s Health Care Clinic in Torrance, and provide no guarantee that low-income stu- f California. This Clinic serves over 14,000 dents would have any meaningful choice. The women annually and would not succeed with- House’s rejection of these provisions reaffirms A TRIBUTE TO JOSEPH AND out the commitment of individuals like Congress’ bi-partisan support of public edu- VICTORIA COTCHETT Tarquina. cation. Following knee surgery in 1996, for exam- Despite these many achievements during HON. TOM LANTOS consideration of the No Child Left Behind Act, ple, she returned to the Clinic wearing a cast OF CALIFORNIA in order not to fall behind in her work. When there remain several shortcomings which I IN THE HOUSE OF REPRESENTATIVES a fellow practitioner injured her hand, Tarquina hope are addressed during the House-Senate took over that person’s breast exams in addi- conference. In particular, I am disappointed Tuesday, June 19, 2001 with the House’s failure to authorize funds for tion to her own caseload. Her efforts set the Mr. LANTOS. Mr. Speaker, I invite my col- class size reduction and school renovation standard for dedication. leagues to join me in paying tribute to my dear and construction. We have again missed the In 1996, Tarquina was the recipient of the friends, Victoria and Joseph Cotchett of opportunity to bring older schools into the new ‘‘Unsung Hero Award’’ from Harbor-UCLA Hillsborough, California. These two extraor- century and ensure that our children learn in Medical Center. She was also voted Employee dinary people are being honored for their civic safe facilities with the most modern amenities of the Year for 1998 and 1999. involvement in the Bay Area by the Volunteer and technology. Providing women safe and affordable ac- Center of San Mateo County with the pres- Unfortunately, the primary focus of ‘‘reform’’ cess to health care is among my highest prior- tigious ‘‘Very Important Volunteer Award’’ has been on testing. In the name of account- ities in Congress. While there are actions I (VIVA). ability, more testing will be mandated with little can—and do—take in Congress, their imple- Mr. Speaker, both Cotchett’s are deeply in- mentation depends on dedicated workers like financial support from the federal government. Given that many states have failed to comply volved in a wide spectrum of community activi- Tarquina. ties and give freely of their time and resources I am proud to join Tarquina’s colleagues with current law calling on states to Moreover, I, along with my colleagues in the to numerous community organizations. Victoria and friends in congratulating her on the receipt serves on the advisory board of many wom- of this prestigious national award and invite Congressional Hispanic Caucus (CHC), have concerns with H.R. 1’s treatment of the Lim- an’s groups, including the Woman’s Protective my colleagues to join me in commending her Services of San Mateo County and Families in exemplary public service. ited English Proficient (LEP) student popu- lation. The National Assessment of Edu- Transition. She is a founding director of the f cational Progress (NAEP), a diagnostic tool to Wiegand Museum of Art at the College of be used to audit the results of state assess- Notre Dame in Belmont, and she previously ENSURING THAT NO CHILD IS served on the boards of the San Mateo Coun- LEFT BEHIND REQUIRES MORE ments, does not administer a Spanish lan- guage reading test. Additionally, H.R. 1 un- ty Hospital Foundation and the Peninsula Hu- wisely consolidates immigrant, bilingual, and mane Society. HON. CIRO D. RODRIGUEZ foreign language education into a single for- As a longtime supporter of the arts, Victoria OF TEXAS mula grant program. It would also require par- is a member of the Board of Directors of the IN THE HOUSE OF REPRESENTATIVES ents to opt-in to Title I LEP services and bilin- President’s Advisory Committee on the Arts of the Kennedy Center for the Performing Arts Tuesday, June 19, 2001 gual education and would subject bilingual education programs to a 3-year limit. here in Washington, DC, and she is currently Mr. RODRIGUEZ. Mr. Speaker, the House In their March 3, 2001 letter to President leading an effort to develop a Children’s Film has taken a major step in supporting the fed- Bush, Congressman REYES, Chair of the CHC, Festival in association with the Sundance Film eral government’s role in education with the and Congressman HINOJOSA, Chair of the Festival. passage of H.R. 1, the No Child Left Behind CHC Education Task Force, voiced the CHC’s A former Colonel in the U.S. Army Re- Act, which re-authorizes the Elementary and opposition to the above provisions. First, tests serves, a JAG Officer, and a former Special Secondary Education Act (ESEA). Through provided in only English could result in inac- Forces paratrooper officer, Joe Cotchett is a this legislation, we have made a $22.8 billion curate assessments of student performance graduate of California Polytechnic College. He commitment for elementary and secondary for LEP students. Second, because LEP chil- earned his law degree from the University of education programs—a $5 billion increase dren have diverse needs and skills, a one-size California’s Hastings College of Law. Joe was over last year. fits-all approach is impractical. Establishing an recognized as one of the ‘‘100 Most Influential Specifically, this comprehensive measure arbitrary three year instructional time limit is Lawyer in America,’’ by the news media and authorizes $11.5 billion for Title I grants, which short-sighted and contrary to the objectives of in 1990 was named Trial Lawyer of the Year assist school districts serving economically bilingual education, which is the academic by Trial Lawyers for Public Justice. He is a disadvantaged students; requires states and achievement of LEP students in addition to leader of numerous professional organizations, school districts to issue report cards on as- English proficiency. Finally, opt-in provisions is the author of several books on legal prac- pects of student performance and teacher will place cumbersome procedural require- tice, and is a past officer of the California qualifications; requires all teachers to achieve ments on school districts and potentially dis- State Bar. state certification by 2005; and allocates $1.3 suade them from providing educational in- Mr. Speaker, Joe’s record of commitment to billion for afterschool programs, including the struction to LEP students. LEP students our community is equally as distinguished as 21st Century Learning Centers and the Safe should be automatically enrolled in bilingual that of his wife. He is director of the Bay and Drug-Free Schools. education programs and allowed to opt out of Meadows Foundation, Disability Rights Advo- I am also pleased that amendments calling them if their parents so choose. cates, and a Commissioner on the State Parks for the implementation of block grants and pri- The conference version of the ESEA’s re- Commission. He also serves as Director of the vate school vouchers were soundly defeated authorization should incorporate language that University of California’s Hastings College of during floor consideration of H.R. 1. While provides better funding, requires no time lim- Law, President of the San Mateo Boys and H.R. 1 consolidates thirteen programmatic ti- its, contains no opt-in provisions, and main- Girls Club, and Chairman of the Heart Fund tles under ESEA into six, the current funding tains immigrant, bilingual, and foreign lan- Finance for the San Mateo County Heart As- structure remains intact. Federal dollars will guage education as three separate programs. sociation. continue to go directly to the local school dis- As an educator and supporter of public Mr. Speaker, Victoria and Joe are proud tricts rather than be needlessly funneled schools, I will continue to seek the resources parents of two girls and represent the very through a state’s bureaucracy. our schools need to succeed. We have an ob- best of our many volunteer citizens on the Pe- Furthermore, although the Act provides pub- ligation to provide fair and equal access to ninsula. I urge my colleagues to join me in lic school choice as well as private tutorial quality education for our children so that truly paying tribute to these two outstanding com- services to Title I students in consistently fail- no child is left behind. Until we are truly ready munity leaders and congratulating them on re- ing schools, it does not create a private school to commit ourselves to educating all our chil- ceiving this prestigious award. E1144 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 HONORING SIDNEY PERMISSON IN MEMORY OF RICHARD M. versity Law School. In 1947, he was named a BRENNAN member of the Barristers at SMU. While at- tending law school, he married Ruth Marie HON. PETER DEUTSCH HON. DENNIS J. KUCINICH White of Lufkin in 1946. Upon graduation, he began practicing law with the firm Dies, Ander- OF FLORIDA OF OHIO IN THE HOUSE OF REPRESENTATIVES son and Dies. IN THE HOUSE OF REPRESENTATIVES In 1959 Justice Dies was elected to the Tuesday, June 19, 2001 Texas Senate from the Third Senatorial Dis- Tuesday, June 19, 2001 Mr. KUCINICH. Mr. Speaker, I rise today to trict. During his tenure in the Senate, he was honor the memory of Richard M. Brennan, widely recognized as a moving force in the ef- Mr. DEUTSCH. Mr. Speaker, today I rise to Cleveland Municipal Judge. fort to modernize government services for the honor the achievements of Sidney Permisson, Judge Brennan, as he was known for 22 disabled, for which he received numerous an outstanding and dynamic member of years, was elected in 1965 as the chief justice awards. Additionally, Justice Dies took great Broward County whose numerous contribu- of the court. Even though they cancelled his interest in improving the Texas park system. tions will leave a lasting effect on the Sunrise position in the mid-1970s, he continued work- In 1965 the 750 acre park at the Dam B. Res- community. Mr. Permisson, who passed away ing as an associate judge, for he was contin- ervoir was named in his honor. The Martin on May 13, 2001, was a civic activist in ually striving to uphold the deepest integrity of Dies, Jr. State Park has been widely praised Broward County for over twenty years. the law. During these years, Judge Brennan as one of the most beautiful and visited public Sidney Permisson was born on February accomplish many things. One of his most out- parks in Texas. 28, 1916, and raised in Brooklyn, NY. He standing achievements was when he mobi- In 1969, Justice Dies was sworn in as Sec- completed two years of studies at Brooklyn lized community support for the construction of retary of State of Texas. Two years later, he College before he had to leave school to help the Justice Center. When it was unanimously was appointed Chief Justice of the 9th Court support his parents. Mr. Permisson worked at approved by voters in 1969, the whole com- of Appeals where he served with distinction a Brooklyn bakery for eight years and eventu- munity was extremely pleased. Judge Brennan until his retirement in 1989. During that time also played a vital role in devising a docket ally became a delegate for the Cake Bakers he served on the Texas Judicial Council, serv- system in which lawsuits are delegated to Union, Local 51. During this time he married ing four years as the President of the Council. judges. He also received the Texas Handicapped Per- Pauline Kravitz, his wife of 62 years. His work Judge Brennan, who was an assistant in the union eventually led him to become a son of the Year Award, was a fellow of the Cleveland law director from 1960 to 1965, Texas Bar Foundation, and served as a mem- mediator and a labor chief, where he stood up graduated from St. Ignatius High School, John ber of the Judicial Manpower Commission. for hard-working men and women with no po- Carroll University, and the Cleveland Marshall Justice Dies will be remembered for his litical clout or financial influence. Sidney Law School. He unfortunately retired from great courage, his high moral and ethical Permisson retired in 1975 and moved to Sun- Cleveland Municipal Judge in 1987 due to ill- standards, and above all, his compassion for rise, Florida. ness. Judge Brennan will forever be missed. others. We share our grief with his family at Upon his arrival, Mr. Permisson quickly be- My fellow colleagues, please join me in hon- his passing, as we were honored to share the came active in the community. As his two oring the memory of Judge Richard M. Bren- joy of his life. daughters, Joyce Japelle and Elayna Finkle, nan, a man that has touched the Cleveland f will tell you, he believed in hard work, helping community in countless ways. His love, dedi- cation, and honor will be missed. RETIREMENT OF DR. DAVID E. others, and doing the right thing. Friends de- EPPERSON scribe Sidney Permisson as compassionate, f sincere, honest, and always there to help. He TRIBUTE TO THE LATE JUSTICE HON. WILLIAM J. COYNE fought to establish a countywide trauma net- MARTIN DIES, JR. OF PENNSYLVANIA work, led a powerful condominium association, IN THE HOUSE OF REPRESENTATIVES worked for environmental protection, kept tabs HON. JIM TURNER Tuesday, June 19, 2001 on local tax and education issues, and spoke OF TEXAS out about consumer rights, good government, IN THE HOUSE OF REPRESENTATIVES Mr. COYNE. Mr. Speaker, I rise today to ob- serve that Dr. David E. Epperson, Dean of the and health care. He was an inspiring public Tuesday, June 19, 2001 speaker. When Sindney spoke, people lis- University of Pittsburgh’s School of Social tened. Mr. TURNER. Mr. Speaker, I rise in memory Work, is retiring after nearly 30 years. of Justice Martin Dies, Jr., who recently Dean Epperson is the longest-serving dean His efforts in the community brought him a passed away on May 14, 2001 after a full life of social work in the country. Having served in great deal of deserved recognition. Mr. of eighty years. this position since 1972, he has also served Permisson received the Sunrise Volunteer of Justice Dies, the son of U.S. Congressman as a dean at Pitt longer than anyone else in the Year Award twice, in 1987 and 1988. In Martin Dies Sr., and Myrtle Dies grew up and the school’s history. Under his leadership, the 1989, as president of the Gold Key Civic As- was educated in Orange, Texas. He later at- University of Pittsburgh’s School of Social sociation, a social assistance organization for tended the University of Virginia in Wash- Work has tripled in size and become one of Sunrise area residents, Mr. Permisson re- ington, D.C. and later, Stephen F. Austin Uni- the nation’s foremost graduate schools for so- ceived the President’s Special Recognition versity where he received his B.S. degree. cial work. Award issued by the Broward Regional Health When the United States entered World War II Dean Epperson is a University of Pittsburgh Planning Council. He won the Sunrise Political Justice Dies left college to volunteer with the alumnus as well. He earned a bachelor’s de- Club Humanitarian Award in 1990. Also in Navy. gree, two master’s degrees, and a Ph.D in po- 1990, he was elected to the Broward Senior While at officer’s school in New York, Martin litical science and public policy at Pitt. He has Hall of Fame for Outstanding Volunteer Serv- was chosen as Commander of the Third Bat- studied in Hong Kong and Turkey as well. ice. As President of the Statewide HMO Om- talion. He was later presented a Gold Sword In addition to his academic career, Dr. budsman Committee from 1996 to 1997, Sid- at graduation as the outstanding member of Epperson worked for the YMCA both in Pitts- ney Permisson worked for the establishment the Battalion. In the war, Martin saw extensive burgh and Hong Kong. He currently serves on of 11 statewide HMO Ombudsman councils to naval combat in both the Philippines and in the National Board of Directors and Inter- help solve problems between subscribers and Okinawa, for which he received several med- national Committee of the YMCA of the USA, managed care providers. Finally, he received als and military citations. After Justice Dies’ as well as the Board of Directors of the Metro- the HMO Patient Advocate Award and the ship was ordered to repel the Japanese inva- politan YMCA of Pittsburgh. He was also the former executive director of Community Action Broward Regional Health Planning Council sion at the Battle of Leyte, the entire crew re- Pittsburgh, Incorporated. Dedicated Service Award in 1996. ceived the prestigious Presidential Unit Cita- tion for bravery. Dean Epperson has also found the time to Mr. Speaker, the accomplishments of Sid- Near the end of the war Justice Dies saw be very active in community affairs. He has ney Permisson are a testament to his dedica- duty as Captain of the U.S.S. Richard W served on the State Planning Board, the Judi- tion and his passion. He leaves a lasting leg- Seusens. cial Reform Commission for the Common- acy for the people of Broward County which Following the war, Justice Dies completed wealth of Pennsylvania, The Pennsylvania Hu- greatly enriches our community. his legal education at Southern Methodist Uni- manities Council, and the State Compensation CONGRESSIONAL RECORD — Extensions of Remarks E1145 Commission. He has served as chairman of ment today and I encourage them to always Hiram House was founded in 1896 as the board of the Urban League of Pittsburgh, pursue future goals with the same vigor. Ohio’s first ‘‘Settlement House’’ to address the the Negro Educational Emergency Drive, and f needs of Cleveland’s immigrants and others in the Riverfront Working Group for the City of poverty. It was one of the first of its kind in the Pittsburgh. He has served on the board of di- HONORING LEONARD ABESS entire nation. For the next 105 years, this or- rectors of the Salvation Army, ACTION-Hous- ganization effectively pursued its mission of ing, the American Red Cross, Magee-Womens HON. PETER DEUTSCH providing a quality outdoor experience for Hospital, the Pittsburgh Council for Inter- OF FLORIDA youth that promotes character, self-con- national Visitors, and the PNC Urban Advisory IN THE HOUSE OF REPRESENTATIVES fidence, and leadership. Board. And he has served as a trustee of the Tuesday, June 19, 2001 Today, Hiram House offers a variety of National Urban League and the National Cen- Mr. DEUTSCH. Mr. Speaker, I rise today to Summer Camps, School Camps, Educational ter for Social Policy and Practice. He has honor Leonard Abess, a successful banker and Adventure Programs, and year-round served as deacon and trustee at the Mac- whose philanthropy during his 97 years of life Group Retreats for children—especially those edonia Baptist Church as well. contributed greatly to the enrichment of the from the inner city and disadvantaged homes. Currently Dean Epperson is the Vice Chair- Miami community. It brings me great sadness Following the theme of American History and man of the Urban Redevelopment Authority of to report that Leonard passed away on June the Pioneer Spirit, the camp features covered Pittsburgh, and he serves on the Allegheny 3, 2001. Today, I wish to celebrate his life’s wagons, tepees, log cabins, and a frontier fort County Department of Human Services Over- achievements and mourn the passing of a to provide children with a glimpse of life on the sight Committee, the William J. Copeland great man. early frontier. Fund Advisory Committee of the Pittsburgh Leonard Abess was born in Providence, The Hiram House continues to make a pro- Foundation, the Lemington Home Advisory Rhode Island to Romanian Jews. He moved to foundly positive difference in the lives of more Board of the Pittsburgh Foundation. He is also Washington D.C. in 1917 to live with an older than 7,000 children a year. It is my hope that a Trustee of the Pittsburgh Theological Semi- sister after the death of his mother. He then it continues its service to the community for nary and its Metro-Urban Ministry Advisory enrolled in college at New York University another century and beyond. Board. where he took accounting classes at night My distinguished colleagues, I ask you to Finally, Dean Epperson has also been ac- while working full time during the day. join me in honoring Hiram House and the tive in a number of professional organizations, Leonard moved to Miami in 1925 to open an countless individuals who have provided admi- and he has received many, many awards rec- accounting firm inside First National Bank, rable service to the Cleveland area for over a ognizing his many important contributions and where he was an independent auditor. Twen- century. accomplishments. ty-one years later he co-founded City National f David E. Epperson is a remarkably talented Bank, which is now the largest nationally char- man who has a tremendous impact at the Uni- TRIBUTE TO THE LATE tered bank based in Florida. He went from HONORABLE NAT PATTON versity of Pittsburgh and southwestern Penn- making $25 a week as a young accountant to sylvania in the course of his long and produc- making millions. tive professional career. I am certain that All those who knew Leonard would tell you HON. JIM TURNER Dean Epperson will continue to be active in he never let his riches stop him from caring OF TEXAS community affairs after his retirement as well. about people. Leonard Abess despised bigotry IN THE HOUSE OF REPRESENTATIVES A dinner honoring Dean Epperson on the oc- and worked so that others could benefit from Tuesday, June 19, 2001 casion of his retirement will be held in Pitts- his philanthropy. He treated everyone with burgh tomorrow. On behalf of the people of Mr. TURNER. Mr. Speaker, I rise in memory love and dignity. of The Honorable Nat Patton, Jr., a man who Pennsylvania’s 14th Congressional District, I In 1949, when local hospitals refused to hire embodied my hometown of Crockett, Texas in want to wish him well at this milestone in his Jewish doctors, Leonard and a group of Jew- so many ways. Nat recently passed away on life. ish residents pooled their resources to form February 13, 2001 after the full life of eighty- f Mount Sinai Medical Center in Miami Beach. eight years. A TRIBUTE TO BRETT KAUBLE, The hospital, of which Leonard was a founding Nat Patton, the son of former U.S. Con- MICHAEL KRUSE, MICAH KUBIC member and a former chairman of the board gressman and Mrs. Patton, was educated in of trustees, now has a $300 million-plus oper- the public schools of my hometown of Crock- ating budget. ett, TX. It was his love for the game of base- HON. SAM GRAVES Leonard’s public service won him countless ball that led him to attend Texas A&M Univer- OF MISSOURI accolades. He was the recipient of the Anti- sity, where he played shortstop for the Aggie IN THE HOUSE OF REPRESENTATIVES Defamation League’s Man of Achievement Varsity baseball team. During his days at Award and was also named their chairman Tuesday, June 19, 2001 Texas A&M, Mr. Patton was elected president emeritus. Leonard was the Humanitarian Mr. GRAVES. Mr. Speaker, I rise today to of his sophomore class and yell leader—a Award winner from the National Conference of honor three students from my district: Brett high Aggie honor—for the student body. Christians and Jews. He and his wife, Bertha, Kauble of Kansas City, Michael Kruse of Nat Patton was destined for public service who died in 1997, were recognized as Philan- Platte City, and Micah Kubic of Kansas City from his early years. Following in his father’s thropists of the Year by the National Society of for winning the Congressional Award Gold footsteps, Nat had a special interest in politics Fund Raising Executives. Medal. In obtaining this award they have spent and received his law degree from Cumberland Leonard Abess was survived by his daugh- the last two years completing 400 hours of University in Tennessee. ter Linda Ellis; eight grandchildren and seven community service, 200 hours of both per- After passing the State of Texas Bar Exam, great-grandchildren. Mr. Speaker, along with sonal development and physical fitness activi- Mr. Patton returned to Crockett to enter pri- his family, the community of Miami will be at ties, and a four-night expedition or exploration. vate practice. He set his law career aside to a great loss for his woderful spirit and gen- The Congressional Award challenges our serve his country in World War II, where he erous philanthropic contributions. nation’s young people to realize their full po- fought under General George S. Patton’s tential through goal setting in the areas of f Third Army, 89th Division, European Theater. public service, personal development, physical IN HONOR OF HIRAM HOUSE Following the war he returned to Crockett and fitness, and exploration. These three students resumed his law practice. are an outstanding example of the promise HON. DENNIS J. KUCINICH From 1950 to 1980, Mr. Patton served and bright future of this nation. The lessons OF OHIO Houston County as County Attorney. Upon re- they have learned striving towards this award IN THE HOUSE OF REPRESENTATIVES tiring from public service after 30 years, Mr. will serve them well in future pursuits. This Patton continued his private law practice. award is a testament not only to the talent, Tuesday, June 19, 2001 Mr. Patton and his wife, Eleanor were mar- commitment, and discipline of these students, Mr. KUCINICH. Mr. Speaker, I rise today to ried for 60 years. Both were active members but also to their families, communities and honor and recognize Hiram House, which will of their community, participating in the First schools who supported these students along receive a historical marker for the important United Methodist Church of Crockett. During the way. For their hard work and dedication I role it has served in the lives of Ohio youth for his service to the church Mr. Patton had congratulate them. I applaud their accomplish- over a century. served as a Sunday School teacher and as a E1146 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 member of the administrative board. Mr. Pat- He joined the Transportation Department in ROCHESTER INSTITUTE OF TECH- ton was also a member of the Masonic Lodge, 1981, serving as chief of staff to Transpor- NOLOGY HONORS PROVIDIAN FI- Knights of Pythias, Veterans of Foreign Wars, tation Department Secretaries Drew Lewis and NANCIAL and the American Legion. Elizabeth Dole. He then served as the chief of Nat’s friendliness, his welcoming smile, and the U.S. Urban Mass Transportation Adminis- HON. JOHN J. LaFALCE his warm spirit will be remembered by many of tration for four years. During this time I worked OF NEW YORK us in Crockett as the personification of the closely with Mr. Stanley, particularly in the ex- IN THE HOUSE OF REPRESENTATIVES hometown that we love. pansion of Metro for the Washington Metro- Tuesday, June 19, 2001 We all share his family’s profound grief in politan area. Had it not been for our working his passing, just as we have joined them in relationship, the vast system of public trans- Mr. LAFALCE. Mr. Speaker, I have ad- the celebration of his life. portation we all enjoy today would not have dressed the House on numerous occasions in We’ll miss you, Nat. been possible. recent years as a critic of the credit card in- f Mr. Stanley found the Virginia Toll Road dustry and its marketing practices. Today, I Corporation in 1988 and spent four years as would like to share with my colleagues a dif- CONGRATULATING TWILIGHT chief executive. In 1992, he became vice ferent story, of how two very different institu- HAVEN president for infrastructure and development tions have joined to recognize not only a sig- for Bechtel. While at Bechtel, Mr. Stanley nificant business turnaround, but a change in HON. GEORGE RADANOVICH helped direct the expansion of the light rail practices that have enormous consequence OF CALIFORNIA transit system in Portland, Oregon, as well as for consumers. One of these institutions is the Rochester IN THE HOUSE OF REPRESENTATIVES the economic development of the land near the rail expansion. Institute of Technology in Rochester, New Tuesday, June 19, 2001 York, one of the world’s outstanding centers of Mr. Speaker, although Mr. Stanley and I did Mr. RADANOVICH. Mr. Speaker, I rise learning in the areas of business and tech- not always find ourselves on the same side of today to pay tribute to Twilight Haven for 40 nology. It is also located in Monroe County, public policy issues, he was fair, forward look- years of service to the elderly in our commu- one of the four counties I have the honor of ing and supportive of the transportation nity. representing. The other is Providian Financial Twilight Haven was the first care facility for projects on which we worked together. Mr. Corporation, a financial services company and the elderly in the Fresno area. It was also one Stanley was dedicated to create a better and a major national issuer of credit cards based of the first homes for the elderly in the state more efficient transportation system for that in San Francisco, California. that provided independent and assisted living we are grateful. Earlier this month, the Rochester Institute of with nursing care at one location. Twilight Technology joined with USA Today in award- Haven is a volunteer, non-profit organization f ing Providian the 2001 Quality Cup award for with government assistance. HONORING THE FREEDOM TOWER achievement in customer service. The award In 1957 a group of local leaders from the recognized Providian for the enhanced cus- German community collaborated with a group tomer satisfaction program initiated by the of local churches to form the Twilight Haven HON. PETER DEUTSCH company in May 1999 to address consumer Corporation. Over 700 people joined the orga- OF FLORIDA complaints and litigation. Under this program, Providian has implemented more than 200 ini- nizers to form the initial corporation. Since the IN THE HOUSE OF REPRESENTATIVES companies inception, 1500 people have be- tiatives in the areas of customer outreach and come members and the corporation presently Tuesday, June 19, 2001 communications, complaint processing, cus- tomer service and marketing practices. The re- has 550 members. Although the corporation Mr. DEUTSCH. Mr. Speaker, since its in- sults have provided a dramatic turnaround for was initially established by members from ception, the United States has been a safe the credit company. Since 1999, Providian’s local churches, it is fully independent and not haven for those less fortunate. A Nation built customer accounts have increased 60 percent a subsidiary of any religious organization. The around those seeking religious or political free- and its assets have grown by 78 percent. At Twilight Haven facility was opened in Novem- dom. A new chance. A fresh start. Opportuni- the same time, consumer complaints have de- ber of 1960 in Fresno. Over the course of its ties for themselves, and for their children and clined 40 percent and customer attrition rates 40 year history, the facility has gone through their children’s children. And so, Mr. Speaker, have dropped 38 percent. vast renovation. Today, the facility can accom- I rise today to honor a symbol of our Nation’s The Quality Cup award was instituted by the modate about 255 residents. The facility has freedom; one that has already welcomed gen- Rochester Institute and USA Today in 1991 to served more than 6,000 senior citizens and erations of new Americans to our shores: the recognize and foster quality in American busi- their families. Freedom Tower. Mr. Speaker, I want to pay tribute to Twilight ness. It has been awarded annually to busi- The defining landmark of the Miami skyline Haven for serving the needs of the senior citi- nesses, government and educational institu- for nearly 80 years, the Freedom Tower has zens in our community. I urge my colleagues tions, and health care organizations who use represented to Cuban exiles the principals to join me in recognizing Twilight Haven for its teamwork and total quality management to re- upon which our nation is based. And now the many years of providing outstanding care to duce costs, solve problems, increase produc- Freedom Tower is undergoing a well-deserved the elderly in Fresno. tivity and enhance consumer service. This $40 million transformation to become an inter- f year, a judging panel consisting of Rochester active museum, library, and research center Institute faculty, together with outside aca- IN HONOR OF RALPH STANLEY, A that will chronicle the experiences, hardships demics, industry consultants and quality ex- MASTER FOR MASS TRANSIT and triumphs of Cuban exiles on their journey perts, considered 146 nominees ranging from to South Florida. Fortune 500 corporations to small businesses. HON. STENY H. HOYER Originally the home to a Miami newspaper, In addition to recognizing Providian in the cus- OF MARYLAND the Tower became the Cuban Refugee Emer- tomer service category, winners were also se- gency Center in 1962 and remained so for IN THE HOUSE OF REPRESENTATIVES lected in the categories of government, health over a decade. Known as ‘‘El Refugio,’’ the care, manufacturing and small business. Tuesday, June 19, 2001 Freedom Tower served as Florida’s Ellis Is- The recognition of the Rochester Institute Mr. HOYER. Mr. Speaker, I rise today to land to the 450,000 refugees that made the and USA Today symbolizes the dramatic pay tribute to Mr. Ralph Stanley. Mr. Stanley journey. changes Providian has achieved in less than recently passed away, leaving behind him a Mr. Speaker, the Freedom Tower has al- two years. Until recently, the company was legacy of outstanding public and private sector ready meant so much to the South Florida mired in controversy and litigation. Late last work in the transportation arena. Throughout community. And a year from now this distin- year, Providian agreed to pay $105 million to his career Mr. Stanley established, among guished Miami landmark will take on new settle earlier class action litigation that alleged other things, a true expertise for mass transit meaning. It will teach new generations of that Providian had routinely charged credit projects. Americans about the history of Cuban refu- card accounts for products and services that Mr. Stanley was a graduate of Princeton gees and how their bravery and belief in consumers had not approved or authorized. University and Georgetown University Law American ideals has shaped and bettered The settlement was Providian’s second within School. South Florida as well as all of America. a year. In June, it also agreed to pay $300 CONGRESSIONAL RECORD — Extensions of Remarks E1147 million to settle an enforcement action by the HONORING JIM TRAVIS OF NASH- INTRODUCTION OF THE MEDICARE Comptroller of the Currency involving mar- VILLE, TENNESSEE ON THE OC- DIALYSIS BENEFIT IMPROVE- keting practices that the Comptroller described CASION OF HIS RETIREMENT MENT ACT JUNE 19, 2001 as a ‘‘pattern of misconduct to mislead and FROM WSMV—CHANNEL 4 NEWS deceive consumers.’’ HON. DAVE CAMP OF MICHIGAN Since implementing its customer satisfaction HON. BOB CLEMENT IN THE HOUSE OF REPRESENTATIVES program in 1999 Providian has completely re- Tuesday, June 19, 2001 structured its consumer marketing and cus- OF TENNESSEE tomer relations operations. Particularly impres- IN THE HOUSE OF REPRESENTATIVES Mr. CAMP. Mr. Speaker, today I am pleased to introduce the Medicare Dialysis Benefit Im- sive has been Providian’s willingness to go Tuesday, June 19, 2001 provement Act of 2001. This legislation takes beyond the minimal requirements in Federal important steps to help sustain and improve law relating to consumer protection, both in Mr. CLEMENT. Mr. Speaker, I rise today to the quality of care for the more than 250,000 providing consumers with large type, plain- honor Mr. Jim Travis of Nashville, Tennessee, Americans living with end-stage renal disease English explanations of credit card terms, as on the occasion of his retirement from (ESRD). More specifically, this legislation pro- well as providing additional protections for WSMV—Channel 4 after twenty years working vides the Medicare reimbursement for a rou- their customer’s confidential financial and per- as a political reporter for the station. Travis is tine fourth dialysis treatment for End-Stage sonal information. often referred to as the ‘‘Dean of Nashville Po- Renal Disease (ESRD) beneficiaries who re- I want to congratulate Providian for the dra- litical Reporters’’ due to his thirty-plus-years quire more than three dialysis treatments per experience covering Tennessee politics, first week. matic turnaround it has achieved and for its at the local ABC affiliate, where he spent ten Currently, Medicare’s composite rate for strong and growing commitment to customer years on-air, and then upon moving to the hemodialysis for the individuals with ESRD is satisfaction. I also wish to commend the Roch- NBC affiliate. a one size fits all reimbursement system. This ester Institute of Technology for its continuing is despite the fact that more than 250,000 indi- efforts to recognize and promote excellence in While Jim’s retirement is well deserved, his viduals with ESRD come in all ages, shapes, business practices and consumer service. presence on Nashville television will be greatly sides and health statuses. Historically, the missed. Travis began his journalism career as standard frequency for hemodialysis treat- f an announcer in Oklahoma at the University of ments to remove excess fluid and accumu- Tulsa campus radio station more than forty- lated toxins has been three times a week. IN MEMORY OF REV. VINCENT J. one years ago. After college, he spent several Simply increasing the usual thrice weekly four MORAGHAN years working at television and radio stations hour treatment sessions will not solve a prob- in Alabama. lem as there are diminishing returns for longer In 1970, Travis made his move to Nashville, sessions and this would decrease the rehabili- tation potential of these patients and increase HON. DENNIS J. KUCINICH Tennessee, working for the local ABC affiliate noncompliance. OF OHIO which made the transition from Channel 8 to It is estimated that only 10–15 percent of IN THE HOUSE OF REPRESENTATIVES Channel 2 during that time period. He patients would actually receive a fourth treat- furthered his education, graduating from the ment a week. While Medicare rules allow pay- Tuesday, June 19, 2001 University of Tennessee at Nashville with a ment for additional hemodialysis treatments Bachelor of Science degree in Business and Mr. KUCINICH. Mr. Speaker, I rise today to beyond the standard three times a week on a Economics. case by case basis for fluid overload, pericar- honor the memory of the Reverend Vincent J. ditis and a few other unusual conditions, Medi- Moraghan for his service to the Cleveland Beginning in the seventies, he made his mark on Tennessee politics, covering the ad- care’s fiscal intermediaries rarely approve community. He has served as a spiritual lead- claims for more than three treatments per er and mentor to many individuals for nearly ministrations of Governors Dunn, Blanton, Al- exander, McWherter, and Sundquist, as well week. four decades. Furthermore, this legislation takes into con- as numerous sessions of the Tennessee Gen- sideration the Medicare Payment Advisory Rev. Moraghan began his life of religious eral Assembly. leadership when he was ordained in 1965. Commission (MedPAC) report recommenda- Jim’s institutional knowledge of Tennessee Early in his journey, he served as Director of tion of a 2.6 percent increase to sustain politics and political figures is legendary. In patients’access to dialysis services in the St. Vincent High School in Akron and later as 1982, Jim was awarded the coveted George 2002. This proposal would help ensure all di- Associate Superintendent of Schools in the Di- Foster Peabody Award for excellence in jour- alysis providers receive the reimbursement ocese of Cleveland. I believe there are few nalism, along with several of his colleagues at that is in line with increasing patient load and roles more honorable than those in the field of WSMV—Channel 4. In recent years his cov- quality requirements. The dialysis reimburse- education. erage of the ongoing budget debate in the ment is the only Medicare provider reimburse- Throughout his distinguished career, Rev. Tennessee General Assembly has garnered ment that does not include an annual inflation Moraghan served as Associate Pastor to a va- high ratings for the station time and again. adjustment. Therefore the only way in which riety of Parishes before developing the new dialysis reimbursement can be updated is by Although he has always been first and fore- mission of St. Matthias Parish of Parma, Congressional action. most a journalist, Jim enjoys bluegrass and As Congress considers further improve- where he was the first Senior Pastor. More re- classical music, as well as operating a ham ments to the Medicare program, I urge my col- cently he held the position of Pastor at the radio and amateur photography. His love of leagues to support this important effort to en- Holy Name Parish in Cleveland. During this ham radio began years ago, as a child, and sure patients with kidney failure continue to period, he served as Dean of the Southeast while serving as a radio operator in the U.S. have access to quality dialysis services. I Cleveland Deanery. In the last years of his Army from 1963–1965. thank my colleagues for working together on life, Rev. Moraghan graciously worked as this bipartisan proposal. Jim is also known for his love of life and Chaplain at the Cleveland Clinic. close observation of personalities and people. f I was honored to attend the funeral of this Perhaps those traits have best served him in TRIBUTE TO NORM incredibly compassionate man. Reverend Vin- his chosen field along with his quiet smile and KIRSCHENBAUM cent Moraghan has had a profound impact on discerning demeanor. the lives of many individuals including family, Jim Travis is a beloved figure whose work HON. GRACE F. NAPOLITANO friends, and the community. He will be dearly has impacted literally thousands of Ten- OF CALIFORNIA missed. nesseans over the airwaves during his career. IN THE HOUSE OF REPRESENTATIVES My distinguished colleagues, I ask you to He will be greatly missed upon his retirement, Tuesday, June 19, 2001 join me in honoring the memory of Reverend but deserves the very best that life has to offer Mrs. NAPOLITANO. Mr. Speaker, I rise Vincent J. Moraghan. both now and in the years to come. today to honor one of California’s prominent E1148 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 educators and public servants, Mr. Norm celebrating his retirement from the police force TRIBUTE TO KRISTEN SCHAEFER, Kirschenbaum, who will retire on August 2nd after 50 years with the Bedford Heights’ Police LAURI CORBETT AND PAMELA after 39 years of dedicated service to his com- Department. CALANDRA munity. Police Chief Meuti has a long and distin- For the past four decades, Mr. guished career with the City of Bedford HON. STEVE ISRAEL Kirschenbaum has been an integral part of the Heights and is believed to be the longest-serv- OF NEW YORK district’s public school system. Involved in the ing active police chief in the country. Mr. Meuti IN THE HOUSE OF REPRESENTATIVES educational process at nearly every level, Mr. began his service in 1951 as a 21 year old Tuesday, June 19, 2001 Kirschenbaurn has served as a classroom mechanic. Earning just $1.25 an hour, he ac- teacher, assistant principal, principal, edu- cepted the position after only a few months of Mr. ISRAEL. Mr. Speaker, it is with great cational director, and assistant superintendent police work under his belt. pride that I rise today to recognize three of before being asked to head the Hacienda La As chief, Mr. Meuti performed countless New York’s outstanding young students, Puente Unified School District in 1999. His ad- jobs to make sure the city ran smoothly. In the Kristen Schaefer, Lauri Corbett, and Pamela vancement through the ranks is most certainly winter, he acted as the Service Department, Calandra. Today, on June 19th, the women of deserved. Under his leadership, the district and plowed the snow using his beat-up Girl Scout Troop 130, Service Unit 44 will rec- has achieved tremendous growth in the stu- Chevy. In the summer, he patrolled the tiny ognize these students for receiving their gold dent Academic Performance Index. In addi- village in his own car. Chief Meuti’s dedication awards. tion, because of his unfailing dedication, the to his job was displayed with the countless Since the beginning of last century, the Girl district has seen an increase in number of hours of work he performed. During his ten- Scouts of America have provided thousands of schools receiving California Distinguished ure, the community has grown to over 11,000, young women each year with the opportunity School accreditation and has achieved a bal- and the force has expanded to 38 full-time of- to make friends, explore new ideas, and de- anced budget. ficers. velop leadership skills while learning self-reli- In his many roles as educational coordi- Police Chief Meuti’s life, however, is not ance and teamwork. nator, Mr. Kirschenbaum has worked tirelessly consumed with the police force. His office is These awards are presented only to those to improve management. An acknowledged filled with family photographs and he remains who possess the qualities that make our na- trainee in Stephen Covey’s ‘‘Seven Habits of extremely active in his local community. His tion great: commitment to excellence, hard Highly Effective People’’, Mr. Kirschenbaum kind spirit and warm smile attract people to work, and genuine love of community service. started a district-wide program to train admin- I ask my colleagues to join me in congratu- him. He has served his community selflessly istrators, teachers, and support staff using the lating the recipients of these awards, as their for 50 years and is an inspiration to many. Covey model. activities are indeed worthy of praise. Their Mr. Kirschenbaum’s achievements extend Mr. Speaker, please join me in honoring a leadership benefits our community and they far beyond the district. Throughout the years, great man on his retirement. For 50 years, Po- serve as role models for their peers. he has served on several state educational lice Chief Dominic V. Meuti has dedicated his Also, we must not forget the unsung heroes, committees. In that capacity, Mr. life to public service. His love and dedication who continue to devote a large part of their Kirschenbaum helped to pioneer California’s to his community will be greatly missed. lives to make all this possible. Therefore, I sa- groundbreaking Holocaust and Genocide lute the families, scout leaders, and countless Framework. As a member of those commit- f others who have given generously of their tees, he worked to establish a foundation for CENTRAL NEW JERSEY APPLAUDS time and energy in support of scouting. effective year-round education. His extensive THE WORK OF ROBERT LEVINE It is with great pride that I recognize the accomplishments in this area were sufficient to achievements of Kristen, Lauri, and Pamela, garner national recognition. and bring the attention of Congress to these Perhaps the most amazing thing about Mr. HON. RUSH D. HOLT successful young women on their day of rec- Kirschenbaum is that, despite his many ac- OF NEW JERSEY ognition. complishments, he remains humble. In a re- IN THE HOUSE OF REPRESENTATIVES f cent meeting of school officials, Mr. Kirschenbaurn acknowledged the importance Tuesday, June 19, 2001 H.R. 333, THE BANKRUPTCY ABUSE of working cooperatively in education and PREVENTION AND CONSUMER Mr. HOLT. Mr. Speaker, I rise to day in rec- PROTECTION ACT noted his delight in doing his part. ‘‘All this’’, ognition of Mr. Robert Levine, the newly elect- he said, ‘‘could only have been possible ed president of the Federation of Jewish through a team effort on the part of our entire Men’s Clubs (FJMC), for his commitment to HON. HILDA L. SOLIS school community. Our primary mission of and accomplishments on behalf of the edu- OF CALIFORNIA raising student achievement in an environment cational and social well being of Central New IN THE HOUSE OF REPRESENTATIVES that values the importance of relationship Jersey’s Jewish community. Bob has helped Tuesday, June 19, 2001 building and becoming more client focused the FJMC contribute to the health of our na- has made the difference. I’m proud to have Ms. SOLIS. Mr. Speaker, I rise to speak tion’s Jewish community. On July 14, he will about H.R. 333, the Bankruptcy Abuse Pre- had a part in shaping this direction for our dis- assume the office of president of the FJMC. trict.’’ vention and Consumer Protection Act. I had Bob Levine is a long-time resident of Cen- Mr. Speaker, today I would like to personally strong reservations about the measure, and tral Jersey. A former Middlesex County Col- commend Norm for his dedication to the stu- voted in favor of every attempt to improve the lege computer science professor and inde- dents of Hacienda La Puente Unified School bill during House consideration of H.R. 333. pendent training consultant, he has a distin- and the greater Southern California edu- I voted for a Democratic alternative which guished career which has paralleled his nearly cational system. He is a model of the pas- would have made a number of technical im- three decades of affiliation with the East sionate American educator and devoted cit- provements to the bill and modified some of Brunswick Jewish Center. izen. I know the rest of the House will join me the most burdensome provisions on lower in- in congratulating Norm and wishing him the Bob has served as president of both the come debtors. I also voted in favor of the mo- best of luck in his retirement. Men’s Club of East Brunswick Jewish Center tion to send the bill back to the Judiciary Com- and of the FJMC’s Northern New Jersey Re- f mittee in order to make improvements. This gion. He has also served as the Vice Presi- motion would have prohibited credit card com- IN HONOR OF POLICE CHIEF dent and First Vice President of the FJMC, panies from issuing credit cards to minors who DOMINIC V. MEUTI and has been responsible for overseeing a cannot show sufficient income to repay the number of the Federation’s many programs line of credit. Although these measures failed, HON. DENNIS J. KUCINICH and committees. I voted in favor of the bill in order to move the OF OHIO Bob Levine’s entire life has been character- legislation along in the hopes that the bill IN THE HOUSE OF REPRESENTATIVES ized by his devotion to his family, faith and would be improved when it was sent to the community service. I congratulate Bob Levine Senate. Tuesday, June 19, 2001 on his many accomplishments. I ask my col- Unfortunately, this was not the case. The bill Mr. KUCHINICH. Mr. Speaker, I rise today leagues to join me in praising his many con- passed by the Senate maintains the House to honor Police Chief Dominic V. Meuti who is tributions to our society. bill’s onerous provision concerning the means CONGRESSIONAL RECORD — Extensions of Remarks E1149 test to determine a debtor’s ability to repay INDIA HONORS SWADESH INTRODUCTION OF H.R. 2211—THE debts. The means test is inflexible and does CHATTERJEE BURMA FREEDOM ACT not take into account individual family needs for public transportation, rent and food. The HON. DAVID E. PRICE HON. TOM LANTOS Senate bill also fails to ensure that child sup- OF NORTH CAROLINA OF CALIFORNIA port payments will come first, ahead of the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES commercial creditors. Tuesday, June 19, 2001 Tuesday, June 19, 2001 I will be closely monitoring the efforts of Mr. PRICE of North Carolina. Mr. Speaker, Mr. LANTOS. Mr. Speaker, it is only befit- House and Senate negotiators to draft a com- in recent weeks celebratory events have been ting the heroic struggle of the outstanding promise bankruptcy bill. Should the resulting held both in Washington and in my district in human rights and democracy leader in Burma, bill include the anti-consumer provisions of the North Carolina honoring one of our most dis- the 1991 Nobel Peace Prize Winner Daw House passed bill, I will vote against the tinguished citizens, Swadesh Chatterjee, upon Aung San Suu Kyi, that I today, on her birth- measure when it comes back to the House his reception of India’s Padma Bhushan award day, introduce H.R. 2211. This bipartisan leg- and encourage my colleagues to do likewise. in the area of public affairs. The award was islation bans the import of all articles into the conferred by the President of India on March United States which were produced, manufac- f 22, 2001. tured or grown in Burma. Established in 1954, the Padma Bhushan is Mr. Speaker, I am pleased that similar legis- A TRIBUTE TO VINH TRONG NGO one of the highest civilian awards that the In- lation has been introduced in the Senate by dian government can bestow on an individual. Senator Tom Harkin and Senator Jesse Mr. Chatterjee is the first Indian American Helms. Together our efforts in introducing the HON. CALVIN M. DOOLEY from North Carolina to receive this award and House bill today will close an important loop- the first Indian American to receive the award hole in the current sanctions of the United OF CALIFORNIA in the public affairs category. States with regard to Burma. ‘‘As a young boy growing up in the small IN THE HOUSE OF REPRESENTATIVES I am taking this strong step in light of the town of Somamukhi, West Bengal,’’ Mr. ongoing egregious human rights violations Tuesday, June 19, 2001 Chatterjee recalled, ‘‘I remember how in awe which the Burmese people continue to suffer I was of the men and women who were cho- by the hands of the brutal military regime Mr. DOOLEY of California. Mr. Speaker, I sen to receive these honors.’’ Yet for those of which now calls itself the State Peace and De- rise today to pay tribute to Vinh Trong Ngo, a us who have come to know Swadesh velopment Council (SPDC). This legislation, loving father of four and a community leader Chatterjee and to appreciate his leadership, which is already cosponsored by my col- this award is not surprising and is richly de- from Fresno, California, who died of a heart leagues Constance Morella of Maryland, Ben- served. For Swadesh Chatterjee has gained attack in Sacramento on May 10, 2001. jamin Gilman of New York, Pete Stark of Cali- recognition in North Carolina as an astute fornia, Ileana Ros-Lehtinen of Florida, Nancy Mr. Ngo was born in Vietnam, graduated businessman and a respected community and Pelosi of California, Christopher Smith of New from Law University Saigon and later attended political leader, and in recent years he has be- Jersey, Donald Payne of New Jersey, Dana the University of California at Los Angeles. come well known nationally as well. Particularly noteworthy has been Mr. Rohrabacher of California, Dennis Kucinich of He then retuned to his home country and, in Chatterjee’s presidency over the past two Ohio, Joseph Pitts of Pennsylvania, William 1975 while fighting for the Army of the Repub- years of the Indian-American Forum for Polit- Delahunt of Massachusetts, Robert Andrews lic of Vietnam, was captured by North Viet- ical Education (IAFPE), one of the oldest and of New Jersey, Neil Abercrombie of Hawaii, namese soldiers and spent the next five years most respected Indian-American organizations Marcy Kaptur of Ohio, Michael Capuano of in a labor camp. In 1980, Mr. Ngo escaped in the nation. In this capacity he worked effec- Massachusetts, Lane Evans of Illinois, James from the camp and fled to the United States. tively to strengthen the organization at the McGovern of Massachusetts, Sam Farr of California, Albert Wynn of Maryland and Jan- Mr. Ngo received from the United States the grass roots and to raise its profile nationally. ice Schakowsky of Illinois, sends a strong sig- Distinguished Award for Bravery and the Silver He helped stimulate the growth of our Con- nal to the Burmese military dictatorship that Star for his military service. gressional Caucus on India and Indian-Ameri- cans. He encouraged President Clinton to the United States will no longer allow one of In the early 1980s, he earned a Master’s make his historic trip to India last year and ac- the world’s most brutal regimes to reap the degree in Family Counseling from Western Or- companied him when he went. benefits of its outrageous practices of forced egon State College and moved to California. Mr. Chatterjee, his wife Manjusri, who is an and child labor, rape and the mass imprison- ment of opposition and ethnic minorities lead- Over the years, Mr. Ngo worked as a legis- accomplished psychiatrist, and their children Sohini and Souvik, are citizens of Cary, North ers. lative assistant to Senator JOHN MCCAIN of Ar- In response to the outrageous and system- izona and was a principal consultant to former Carolina, whom I am honored to represent. They have helped make the Indian-American atic use of forced and child labor, the Inter- Californian Assembly Member Art Agnos of community in our state a vibrant one, and they national Labor Organization (ILO) evoked in San Francisco. have greatly enriched our wider community as June 2000—for the first time in its 82-year his- For the past four years, Mr. Ngo worked as well. Swadesh Chatterjee once said that he tory—an extraordinary constitutional procedure the regional director of public affairs and de- and other Indian-Americans were ‘‘fortunate to to adopt a resolution which calls on the State velopment for Planned Parenthood Mar be the children of two mothers: India, which Peace and Development Council to take con- Monte. gave us our lives, and the United States, crete actions to end forced labor in Burma. In which gives us our livelihood.’’ He and his an unprecedented step, the ILO recommended He was a leader in numerous community or- family are proud Americans who contribute a that governments, employers, and workers or- ganizations, including the East Bay Viet- great deal to our country and remind us that ganizations take appropriate measures to en- namese Association, the Refugee Federation being American does not require a masking or sure that their relations with the SPDC do not of Oregon, Interfaith Alliance of Central suppressing of our diversity; on the contrary, abet the system of forced or compulsory labor. Califonia, Amnesty International, the Vietnam our country is enriched by the flourishing of In addition, the ILO urges other international Veterans Association of California, the Na- the multiple ethnic and cultural traditions from bodies to reconsider any cooperation they tional Women Political Caucus and the Insti- which we came. may engage in with Burma and, if appropriate, tute for Democracy. Mr. Speaker, the Padma Bhushan award is cease as soon as possible any activity that He is survived by his wife, Namanh Bui, and a fitting recognition not only of Swadesh could abet the practice of forced or compul- four children. Chatterjee’s contribution to his native land but sory labor. also of what he has contributed to America Mr. Speaker, if we take our responsibilities Mr. Speaker, I ask my colleagues to join me and to Indian-American relations. And while it as the world leader on democracy and human today in paying tribute to Vinh Trong Ngo and surely represents a high point of his career, I rights seriously, celebrating his legacy of service to his family, am also confident that it points to even greater Already in 1997, Congress enacted sanc- his community, and his country. things to come! tions and former President Clinton issued an E1150 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 Executive Order in response to the egregious to work under inhumane conditions for the (A) The State Peace and Development human rights violations in Burma. These Burmese Army, lacking adequate medical care Council in Burma has made measurable and measures established the existing prohibition and sometimes dying from beatings. The UN substantial progress in reversing the per- on U.S. private companies making new invest- sistent pattern of gross violations of inter- Special Rapporteur on Burma puts the number nationally-recognized human rights and ments in Burma. The European Union fol- of child soldiers at 50,000, one of the highest worker rights, including the elimination of lowed suit and imposed economic sanctions in the world. In addition, a 1998 International forced labor and the worst forms of child on Burma, removing trade preferences, freez- Labor Organization Commission of Inquiry de- labor. ing the regime’s assets, and issuing a ban on termined that forced labor in Burma is prac- (B) The State Peace and Development travel visas for the regime’s leadership. That ticed in a ‘‘widespread and systematic man- Council in Burma has made measurable and the SPDC is not totally insensitive to this kind ner, with total disregard for the human dignity, substantial progress toward implementing a of pressure became obvious when the military safety, health and basic needs of the people.’’ democratic government including— dictatorship surprisingly entered into a secret While current sanctions forbid new U.S. in- (i) releasing all political prisoners; and dialogue with Aung San Suu Kyi now almost vestments in Burma, the current Burmese im- (ii) deepening, accelerating, and bringing seven months ago, which unfortunately has ports into the U.S. rapidly grow and include to a mutually-acceptable conclusion the dia- not yielded any tangible results. apparel articles, fisheries products, gems, and logue between the State Peace and Develop- Existing U.S. investment restrictions, while tropical timber. In particular, apparel imports ment Council (SPDC) and democratic leader- an important step in the right direction, clearly into the U.S. grew by 372 percent, rising from ship within Burma (including Aung San Suu do not go far enough. To everyone’s surprise, $85.6 million in 1997 to $403.7 million in Kyi and the National League for Democracy despite the existing sanctions regime, imports (NLD) and leaders of Burma’s ethnic peo- These imports into the U.S. provide the ples). of Burmese articles and goods into the United SPDC with growing hard currency income be- (C) The State Peace and Development States grew steadily and are perfectly legal. cause they are directly involved in the produc- We have to close this loophole, and our legis- Council in Burma has made measurable and tion process as direct or de facto owners of lation would do that. We keep the pressure on substantial progress toward full cooperation production facilities in the apparel and textile the SPDC. Our conditions for the SPDC have with United States counter-narcotics efforts sector. to be absolutely clear and unequivocal: trade pursuant to the terms of section 570(a)(1)(B) Mr. Speaker, the United States must stand of Public Law 104–208, the Foreign Oper- with the United States will only be resumed if with the Burmese slave laborers, the exploited ations, Export Financing, and Related Pro- the military regime allows sustained and grams Appropriations Act, 1997. measurable progress in the areas of human children, the imprisoned and raped political opposition members. Passing this important (b) EFFECTIVE DATE.—The provisions of rights and democracy, and the SPDC must this section shall apply to any article en- make significant progress in the talks with the legislation would not only support and strengthen the ILO as a guardian of inter- tered, or withdrawn from warehouse for con- only credible person involved in the ongoing sumption, on or after the 15th day after the secret negotiations, the winner of the over- nationally accepted labor standards, but it date of enactment of this Act. turned 1990 general elections and Noble would also make clear to the world that the Peace Prize Winner, Aung San Suu Kyi. United States will never trade democracy and The 1999 State Department Human Rights the respect for human rights for trade benefits f Country Report on Burma cited ‘‘credible re- and cheap imports. Mr. Speaker, I ask that the text of H. R. TRIBUTE TO COLONEL BLAKE ports that Burmese Army soldiers have com- ROBERTSON ON THE OCCASION mitted rape, forced porterage, and extrajudicial 2211 be placed in the record at this point. I urge my colleagues to cosponsor this impor- OF HIS RETIREMENT FROM THE killing.’’ The report further describes arbitrary UNITED STATES MARINE CORPS arrests and the detention of at least 1300 po- tant bill, and I call on the House to speedily litical prisoners. The most recent report by the adopt this legislation. State Department for the year 2000 finds that H.R. — HON. WALTER B. JONES ‘‘The Government’s extremely poor human Be it enacted by the Senate and House of Rep- OF NORTH CAROLINA rights record and longstanding severe repres- resentatives of the United States of America in sion of its citizens continued during the year. Congress assembled, IN THE HOUSE OF REPRESENTATIVES Citizens continued to live subject at any time SECTION 1. SHORT TITLE. Tuesday, June 19, 2001 and without appeal to the arbitrary and some- This Act may be cited as the ‘‘Burma Free- times brutal dictates of the military regime. dom Act’’. Mr. JONES of North Carolina. Mr. Speaker, Citizens did not have the right to change their SEC. 2. FINDINGS. I rise today to honor an outstanding public government. There continued to be credible Congress makes the following findings: servant that has dedicated his adult life to reports, particularly in ethnic minority areas, (1) The International Labor Organization serving his Nation as a United States Marine that security forces committed serious human (ILO), invoking an extraordinary constitu- Corps Officer. Colonel Blake Robertson was rights abuses, including extrajudicial killings tional procedure for the first time in its 82- year history, adopted in 2000 a resolution first commissioned Second Lieutenant in the and rape. Disappearances continued, and USMC Reserve in December of 1974. Since members of the security forces tortured, beat, calling on the State Peace and Development that time he has served in a variety of chal- and otherwise abused prisoners and detain- Council to take concrete actions to end lenging command and staff assignments ees. Prison conditions remained harsh and life forced labor in Burma. (2) In this resolution, the ILO rec- throughout the United States and overseas. threatening, but have improved slightly in ommended that governments, employers, His hard work and demonstrated excellence some prisons after the International Com- and workers organizations take appropriate earned him steady promotions to the rank of mittee of the Red Cross (ICRC) was allowed measures to ensure that their relations with Colonel. access to prisons in May 1999. Arbitrary arrest the State Peace and Development Council do and detention for expression of dissenting po- not abet the system of forced or compulsory Throughout his career Col. Robertson has litical views continued to be a common prac- labor in that country, and that other inter- increasingly taken on more challenging and tice. The Government held Aung San Suu Kyi national bodies reconsider any cooperation difficult tasks. In his last assignment, as the incommunicado twice in September, following they may be engaged in with Burma and, if Direct Reporting Program Manager for the Ad- attempts to travel beyond the bounds of Ran- appropriate, cease as soon as possible any ac- vanced Amphibious Assault Vehicle, he was tivity that could abet the practice of forced responsible for developing the Marine Corps’ goon City and to Mandalay. At year’s end, the or compulsory labor. Government continued to hold Aung San Suu next generation assault amphibian. In this ca- SEC. 3. UNITED STATES SUPPORT FOR MULTI- Kyi in detention; it also held 48 members-elect LATERAL ACTION TO END FORCED pacity he reported directly to the Assistant of parliament and more than 1,000 NLD sup- LABOR AND THE WORST FORMS OF Secretary of the Navy (Research, Develop- porters under detention, all as part of a gov- CHILD LABOR IN BURMA. ment and Acquisition) and was responsible for ernment effort to prevent the parliament elect- (a) TRADE BAN.— the management of the only Acquisition Cat- ed in 1990 from convening. Since 1962 thou- (1) IN GENERAL.—Notwithstanding any egory I major defense acquisition program uni- sands of persons have been arrested, de- other provision of law, until such time as the laterally managed by the U.S. Marine Corps. President determines and certifies to Con- tained, or imprisoned for political reasons; gress that Burma has met the conditions de- He Col. Robertson provided a steadying hand more than 1,800 political prisoners remained scribed in paragraph (2), no in overcoming technical and programmatic imprisoned at year’s end.’’ (2) CONDITIONS DESCRIBED.—The conditions challenges in achieving the program’s cost, In addition, Human Rights Watch reported described in this paragraph are the fol- schedule and performance objectives. Given that children from ethnic minorities are forced lowing: an austere budget and technically challenging CONGRESSIONAL RECORD — Extensions of Remarks E1151 task, he marshaled these scarce resources with the Marine Corps, he was rated as an ex- Thanks to Jack Anderson, our East Ramapo into the Marine Corps’ and one of the Depart- pert with a pistol and rifle and was the winner schools are improved and energized, and it is ment of Defenses’ finest Research and Devel- of the prestigious National Leatherneck Award our children, the future of our Nation, who opment Programs. for marksmanship. have benefitted. Col. Robertson has provided unfailing lead- As previously mentioned, Captain Jackson f ership in implementing new Department of De- has a Bachelor of Science degree in Criminal fense acquisition reforms and Integrated Prod- Justice Administration from San Jose State CONGRATULATING LIONEL D. uct and Process Development Teams. These University. In addition, he has earned a Mas- BROWN WINNER OF CONGRES- new and innovative business practices have ters of Science degree from Cal-Polytechnic SIONAL ART COMPETITION been the vanguard for Defense Reform. Under University Pomona, and a Basic, Intermediate, his steadfast stewardship, the program earned Advanced, Supervisory and Management Cer- HON. BENNIE G. THOMPSON high distinction and accolades such as the tificate from the Commission of Police Officer OF MISSISSIPPI Packard Award for Excellence in Acquisition, Standards of Training from the State of Cali- IN THE HOUSE OF REPRESENTATIVES the Defense Superior Management Award, fornia. Tuesday, June 19, 2001 Government Technology Leadership Award I join Captain Jackson’s friends and col- and numerous environmental awards. leagues in thanking him for his past contribu- Mr. THOMPSON of Mississippi. Mr. Speak- Now as Colonel Robertson retires from his tions to the City of Fremont and wishing him er, after weeks of deliberation, I am pleased to beloved Corps, I ask the House to join me in well in his retirement years. announce Lionel D. Brown, of Bolivar County, wishing him ‘‘fair-winds’’ and ‘‘following-seas’’ f Mississippi, as the winner of ‘‘Artistic Dis- as he pursues life’s next challenges. covery 2001’’. This annual art competition is a HONORING DR. JACK R. ANDERSON f real opportunity for our students all over Mis- sissippi’s Second Congressional District, which RECOGNIZING THE RETIREMENT HON. BENJAMIN A. GILMAN encompasses twenty-four counties, to show- OF CAPTAIN KEITH JACKSON OF OF NEW YORK case their talents. I was not surprised to see THE FREMONT POLICE DEPART- IN THE HOUSE OF REPRESENTATIVES that we have a lot of young talented artist in MENT the district. Lionel’s magnificent block print Tuesday, June 19, 2001 painting, titled ‘‘A Long Journey Ahead’’ edged HON. FORTNEY PETE STARK Mr. GILMAN. Mr. Speaker, I rise to honor out the stiff competition to win this years con- OF CALIFORNIA and remember Dr. Jack R. Anderson, our na- test. This year we had seventy-four entries IN THE HOUSE OF REPRESENTATIVES tionally honored superintendent of schools in from worthy participants. I am sure the judges East Ramapo, New York, who recently passed had a tough job choosing just one. I am proud Tuesday, June 19, 2001 away. of Lionel and I will take great pleasure in dis- Mr. STARK. Mr. Speaker, Captain Keith D. Hailed by his peers as ‘‘The last of the gi- playing his artwork in the Capitol subway for Jackson is retiring from the Fremont Police ants in public education,’’ Dr. Anderson served all to see. Department on July 19, 2001 after a 25-year the children and community of East Ramapo Lionel spent several months in preparation career with the Fremont Police Department. for more than 20 years with dignity and dedi- and effort in order to complete his piece. He Captain Jackson has been a vital member of cation. is to be commended, not only on his winning the Department, has worked his way through Dr. Jack Anderson arrived in East Ramapo piece, but on his success in life to date. Lionel the ranks and made significant contributions at in 1977 and breathed new life into a troubled is a recent graduate of East Side High School every level. school system. During his tenure, he restored and plans to attend a college somewhere in Captain Jackson started at the Department sound fiscal footing to our school district, pro- the State next year. I urge him to apply and September 1, 1975 as a patrol officer. He at- moted the importance of technology as a cen- hopefully attend my alma mater Tougaloo Col- tended the 84th recruit academy at the Oak- tral focus of our students’ education, and lege in Central Mississippi. He would be a land Police Department prior to taking on pa- played a key role in the passage of a $22 mil- welcomed addition. trol officer duties in Fremont. He worked as a lion bond, which enabled East Ramapo to Lionel is not only a talented artist, he is also patrol officer and a Field Training Officer for move forward with plans to maintain the a superb baseball player. He plans to pursue new recruits until June of 1980. At that time, schools’ infrastructure and upgrade the edu- both of these endeavors in the future, where he was transferred to the Investigative Section cational program. ever he goes. I wish Lionel the best and I am as a Detective. Captain Jackson distinguished Superintendent Anderson led a districtwide confident that he will do well in his ‘‘Long himself as a Detective and was promoted to grade reorganization, reinvigorated our teach- Journey Ahead’’. Sergeant in March of 1982. He returned to pa- ers and staff through his support for edu- f trol and in October 1983 he was promoted to cational innovation, and, due to his fiscal for- the rank of Lieutenant. As a Lieutenant he titude, the school district received the highest HONORING THE NATIONAL ACA- worked as a patrol Watch Commander, Inves- credit ratings from financial agencies. DEMIC TEAM OF THOMPSON IN- tigative Section Commander, Services Section Our 1994 ‘‘New York State Superintendent TERMEDIATE SCHOOL Commander and returned to patrol as a sec- of the Year.’’ Dr. Jack Anderson brought na- ond tour as Watch Commander between 1983 tional recognition and attention to East Ram- HON. KEN BENTSEN and 1988. apo and our school district. His ‘‘Vision for the OF TEXAS Some of his most significant contributions Future’’ Program in the area of computer edu- IN THE HOUSE OF REPRESENTATIVES as Captain have been in the area of Special cation became the model for schools around Projects. Captain Jackson was responsible for the country and he established one of the first Tuesday, June 19, 2001 the architectural design of the new $7 million federally-funded teachers’ centers in New Mr. BENTSEN. Mr. Speaker, I rise to honor Police Facility that the Department members York. the Thompson Intermediate School National and the public enjoy today. Additionally, he Dr. Anderson also served as chairman of Academic Team, on the occasion of recent has been the lead on the planning and con- the American Association of School Adminis- victory in the National Academic League struction of the new jail facilities. trators’ Federal Policy and Legislation Com- Finals. Prior to being hired at the Fremont Police mittee, as president of the Mid- and Lower- The National Academic League is a nation- Department, Captain Jackson had an exem- Hudson School Study Councils and Rockland wide contest between middle school academic plary career with the United States Marine Superintendents Association. teams that is set up like an athletic game. Corps from 1969 to 1975 on active duty and The vision, leadership, and caring spirit of Each competition is broken into four quarters, as a reserve until 1979. Captain Jackson Jack Anderson will be sorely missed not only and students answer questions about math, graduated with a Bachelor of Science degree by our East Ramapo community, but by thou- science, social studies, and language arts. in Criminal Justice Administration in the ROTC sands of students and parents throughout The competition is a fun and educational way undergraduate program at San Jose State Rockland County. to develop fundamental skills. University and upon graduation was commis- Author Horace Mann once wrote, ‘‘The com- Thompson Intermediate School’s victory sioned as an officer in the Corps. He served mon school, improved and energized as it can marks their third championship and fifth trip to in the areas of Air Division, Intelligence, Legal easily be, may become the most effective and the National finals. The victorious 7th and 8th Officer and Security Officer. During his career benignant of all the forces of civilization.’’ graders included Tiffany Lily, Vishal Patel, E1152 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 Christine Tran, Van Nguyen, Lam Lei, Wesley athletes of the Under-11 Fuller Hamlet Girls Furthermore, he has been forthright and Bennett, Minh Bui, Ana Lopez, Justin Lai, Soccer Team for a noteworthy season. I con- forceful in advocating the early recognition of Courtney Grimes, Grace Kim, Michael Cole, gratulate them, with great promise of future the problems affecting the elderly population Adrian Ingalls, Tracie Thompson, Rustain excellence, on their most exceptional accom- of our state. Under his tutelage, the Alliance Abedinzadch, Ryan Fox, Ryan Dawson, Bruce plishment and wish them the best of luck in for Aging, Inc. and other ancillary centers on Lee, Henry Dao, and Richard Quach. The years to come. aging and development disabilities have been team was under the veteran leadership of f established to provide outreach programs in coach Carolyn Carmichael, and Thompson In- various segments of our community. Together termediate School Principal Greg Jones. TRIBUTE TO THE LATE HARRY they have initiated educational programs for its The finals were the culmination of hard work FORD, BRIAN FAHEY AND JOHN elderly population long before the crisis was and rigorous training by the students. The DOWNING recognized, and federal, state and local fund- Pasadena School District, the only Texas ing became available. His knowledge of and school district to compete, adopted the pro- HON. PETER T. KING sensitivity to Florida’s seniors knew no gram in 1993 in order to motivate students OF NEW YORK bounds, and he was likewise untiring in seek- and encourage academic acheivement. After IN THE HOUSE OF REPRESENTATIVES ing the appropriate elderly care guidance for thirteen matches with the nine other district Tuesday, June 19, 2001 them. teams, Thompson went on to the National In various articles on his role in facilitating Competition with the strong support of all of Mr. KING. Mr. Speaker, I rise today to upgraded quality service to our elderly popu- their classmates. The students prepared for mourn the loss of 3 New York Firefighters, the lation, Mr. Stokesberry was genuinely lauded the competition in a separate National Aca- bravest of the brave. This past Father’s Day, as an elderly care provider par excellence who demic League class. This advanced level Harry Ford, Brian Fahey and John Downing has shown courageous leadership and ex- class prepared the students for competition died in the service of New York. These men traordinary vision, forcefully insisting that high with a fast-paced and diversified curriculum. were prepared for and paid the ultimate sac- quality services must be provided on behalf of Mr. Speaker, the members of the Thompson rifice, giving their lives to save others. Far too our nation’s burgeoning senior citizens popu- Intermediate National Academic League Team often the courage and selflessness of fire- lation and must be constantly upgraded with have seen their dreams and hard work come fighters go unnoticed and unrewarded. Unfor- constant community input and collaboration. to fruition as they have captured the National tunately, it takes a tragic fire in Astoria, The consecration of his life serves as an ex- title. I applaud the hard work and diligence of Queens, to remind us of just how important ample of how much difference a committed these students, and wish them continued suc- they are. Firefighters personify courage and all crusader like him can truly make on behalf of cess in their studies. that we as a nation hold dear. My prayers are the less fortunate. Almost singlehandedly he f with their families and their fellow firefighters. has championed a career-long commitment to They will be missed but not forgotten. affordable quality senior care service for near- TRIBUTE TO THE FULLER HAMLET f ly three decades. UNDER-11 GIRLS SOCCER TEAM In his stint as State Director of the Florida TRIBUTE TO MR. JOHN L. Office of Aging and Adult Services and on to HON. JAMES P. McGOVERN STOKESBERRY ON THE CELE- his leadership role at the Alliance for Aging, BRATION OF HIS RETIREMENT OF MASSACHUSETTS Inc., Mr. Stokesberry ensured the provision of ON JUNE 21, 2001 IN THE HOUSE OF REPRESENTATIVES high quality, accessible senior care to the el- derly population in Miami-Dade and Monroe Tuesday, June 19, 2001 HON. CARRIE P. MEEK counties. During those harrowing times of cut- Mr. MCGOVERN. Mr. Speaker, I rise today OF FLORIDA backs in health and social services funding for to join the community of Sutton, Massachu- IN THE HOUSE OF REPRESENTATIVES seniors at the federal, state and local levels, setts in celebrating the success and triumph of Tuesday, June 19, 2001 his innovative and uncompromising commit- the Fuller Hamlet Under-11 Girls Soccer ment enabled his office to maintain its critical Team. On Sunday, June 10, 2001 the girls Mrs. MEEK of Florida. Mr. Speaker, it is in- role, while leading efforts to ensure that pro- won the Massachusetts State Championship deed a distinct privilege to rise and pay tribute gram effectiveness and a caring approach by defeating Charles River United by the to one of my community’s unsung heroes, Mr. were not compromised. score of 1–0. John L. Stokesberry, Executive Director of the Mr. Stokesberry truly represents an exem- The achievement is impressive in itself, con- Miami-Dade County Alliance for Aging, Inc. plary community servant who abides by the sidering the fact that these young women His friends and admirers will honor him on dictum that those who have less in life through were able to band together and earn an hon- June 21, 2001 at a retirement dinner in Miami, no fault of their own should somehow be lifted orable achievement at such an early age. At- Florida in recognition of the longevity of his up by those who have been blessed with life’s taining a championship is a feat that is cher- service to the elder citizens of Florida. greater amenities. As a gadfly among Miami- ished by all athletes, yet even at the profes- Mr. Stokesberry is truly one of the noblest Dade County’s and the nation’s elderly care sional level of sport not all are able to under- public servants of my community. Having dedi- professionals, he is wont to prod his col- stand the exultation and excitement that these cated a major portion of his life to making the leagues toward ensuring that both political and young women have just enjoyed. It is also health care system work on behalf of Florida’s bureaucratic leadership must find a way to de- worth mentioning that the Under-11 Girls team senior citizens, he has been relentless in his velop programs in and of the community, de- has joined the great tradition of winning, which development of innovative elderly service pro- spite the risks. has the made the Fuller Harrilet organization grams that responded to the crying needs of As one of those hardy spirits who chose to a perennial force in girls soccer. our community’s seniors. His was indeed a reach out to senior citizens from various seg- I would like to recognize the contributions of crusade of love and commitment that maxi- ments of our community, Mr. Stokesberry thor- each individual who has taken part in such an mized understanding and compassion for oughly understood the accouterments of exceptional accomplishment. The team was countless destitute families who severely lack power and leadership. He wisely exercised comprised of 17 players: Ashley Cubbedge, the financial wherewithal to have their elder them, alongside the mandate of his conviction Erin Fleury, Brenna Flynn, Heather Gosnell, members’ welfare move up through the lab- and the wisdom of his knowledge. The crucial Karina Gregoire, Caitlin Lachowski, Marissa yrinth of the bureaucracy. role he played all these years in developing McCann, Robin Deschke, Rachel Norberg, Under his leadership many lives have been affordable quality care for our seniors evokes Lauren O’Connor, Briana Paris, Melissa saved and countless families have been ren- a genuine humility as he is wont to say that Stomski, Courtney Sturgis, Alexandra Tauras, dered whole because of his dedication to cre- ‘‘. . . the accolades are not important. What is Courtney Talcott, Nfichelle Cavalieni, and Su- ate accessibility to affordable elderly health important is that my community receive the zanne Jensen. Recognition must also be ex- care and welfare services. He was virtually the recognition of its strength amidst its diversity, tended to the head coach, Marc Bowden, lone voice in the wilderness in exposing his and get the help for the disproportionate share whose prominence was clearly demonstrated righteous indignation over the hopelessness of of the problems our senior citizens confront by guiding these young ladies to the Under-11 countless senior citizens who through the var- everyday.’’ Massachusetts State Championship. ious crises of poverty rendered them helpless It is indeed an honor for me to have had the Mr. Speaker, it is with tremendous pride that before obtaining affordable quality health care privilege of knowing this gentle and caring I acknowledge the outstanding young women and welfare services for them. man. His word has been his bond to those CONGRESSIONAL RECORD — Extensions of Remarks E1153 who dealt with him, not only in moments of tri- global community in many different capacities. ering those infected with HIV as clients of umphal exuberance in helping many of our el- He is most known for almost a ‘‘billion video BCAP was not enough for Matt; it was only derly turn their lives around, but also in his re- house calls’’ where he discussed everything half the mission. In fact, in the year 2000, silient quest to transform Miami-Dade County from the latest medical breakthroughs to the BCAP had 35,000 educational contacts as into a veritable loving community. cure for a common cold. where six years ago this number was around Tonight’s tribute is genuinely deserved! I sa- His professional duties led him much further 10,000. lute Mr. John L. Stokesberry, a very dear than television. Dr. Castele is also affiliated By expanding educational and outreach pro- friend, on behalf of a grateful community that with Case Western Reserve University where grams, Matt Patrick served his community, the he truly loved and cared for. I bid him now he has been Interim Associate Dean of Devel- community of Boulder, Colorado as few have. Godspeed on a well-deserved retirement. opment and Alumni Affairs, and is now Chair- I recognize his service and pay him honor. f man of the Dean’s Technology Council. Since f 1961, Dr. Castele has taught medical and sur- RECOGNIZING THE HOUSTON gical interns at Lutheran Hospital and recently HONORING PASTOR FREDDIE FAMILY REUNION he began teaching at Fairview Hospital. His GARCIA love of medicine and his true desire to help HON. KEN BENTSEN people in need have boosted his professional HON. HENRY BONILLA OF TEXAS career to astounding heights. OF TEXAS IN THE HOUSE OF REPRESENTATIVES However, Dr. Castele is not only active in IN THE HOUSE OF REPRESENTATIVES the medical community. He has contributed Tuesday, June 19, 2001 Tuesday, June 19, 2001 thousands of hours to countless community Mr. BENTSEN. Mr. Speaker, I rise today to organizations including The Humility of Mary Mr. BONILLA. Mr. Speaker, I rise today to recognize the ‘‘26th Annual Houston Family Health Care System, the Health Museum of honor Pastor Freddie Garcia for his hard work Reunion.’’ In 1975, the children of Butler H. Cleveland, The Boy Scouts of America, and and contributions made throughout Texas, and Ida Bell Houston organized the very first many others. He was recently recognized by New Mexico, California, Mexico, Peru, Colom- ‘‘Houston Family Reunion.’’ This annual week- the American Medical Association for his out- bia, and Puerto Rico. Pastor Garcia’s hard long celebration culminates each year on standing contributions to the community and work and commitment to God has improved Independence Day, July 4th. This year the was also named ‘‘Outstanding Man of the and affected many lives. Houston Family will meet in Houston, Texas, Year’’ by the Eagle Scout Association of Pastor Freddie Garcia was born June 10th, at the Westchase Hilton and Towers. Greater Cleveland. 1938 in San Antonio, Texas. Growing up, Pas- The Houston family’s roots sprout from the Mr. Speaker, please join me in honoring Dr. tor Garcia faced many difficult situations; his small town of Plant City, Florida. This year, Theodore Castele for a lifetime of dedicated largest obstacle was drug addiction. Pastor more than seven generations of Houston de- service. Dr. Castele has remained active in Garcia overcame his addiction to drugs upon scendants will travel to Texas from as far the medical and local community his entire finding and devoting his life to God. In June away as Illinois, California, South Carolina, life. His love has touched so many in Cleve- 1966, Pastor Freddie Garcia married his wife Tennessee, Florida, Arizona, Georgia, and the land. I am proud to have such a dedicated Ninfa. The two have been happily married and District of Columbia. There are no obstacles community leader in my district and wish him are committed to a life with God. too large or distances too far, to separate this the best of luck in the future. Pastor Garcia graduated from the Latin American Bible Institute in California in 1970. family on the event of their annual family re- f union. In 1972, Pastor Freddie Garcia and Ninfa The Houston family is a very distinguished HONORING MATT PATRICK founded Victory Fellowship Outreach. The pro- group of people. Among them are several pro- gram provides teachings on issues such as: fessionals; doctors, lawyers, accountants, and HON. MARK UDALL family, education, discipline, the church, and educators. The values of honor, integrity and OF COLORADO community while also focusing on individuals education are deeply instilled in the Houston IN THE HOUSE OF REPRESENTATIVES in need of reconciliation and rehabilitation. Vic- family. They place a strong emphasis on the tory Fellowship Outreach has cured over Tuesday, June 19, 2001 importance of community involvement; hence, 13,000 people from drug addiction. their involvement in the many Christian organi- Mr. UDALL of Colorado. Mr. Speaker, I rise Within Victory Fellowship Outreach there zations in Houston. today to honor the service of Matt Patrick, are many other ministries that reach out to This year’s reunion will highlight the current former Executive Director of the Boulder help troubled individuals. The Victory Home- matriarch of the Houston family, Theodosia County AIDS Project (BCAP). After having Christian Rehabilitation Center is open 24 (Aunt Louvenia) Houston Knighten. Theodosia served the people of Boulder for nearly six hours and located in drug infested areas of is the oldest living child of Butler H. and Ida years, Matt has left BCAP to become Program San Antonio. The Center feeds and houses Bell Houston. During this year’s festivities, Dr. Officer for the Gill Foundation, based in Den- women and men in need of shelter and heal- Joe Reed, Sr., the family’s historian, will ver. With him serving as director, BCAP expe- ing from life-controlling addictions. The Center present an in-depth look at the family’s ances- rienced an evolution of philosophy. has expanded across the United States and try. Under Matt’s guidance, the BCAP budget abroad. The Victory Leadership Academy has Unfortunately I will not be able to attend this doubled to nearly $1 million and the staff grew a two-year curriculum designed to equip work- year’s reunion; however, I extend my best by 50 percent. Importantly, during his time as ers with the skills necessary to run Christian wishes for a fun and memorable event. I also Executive Director, BCAP expanded its out- rehabilitation centers. These centers also exist wish them continued success in future cele- reach programs to target the workplace as across the United States and throughout the brations. well as Latino/a communities. Further, BCAP world. Campus Outreach is a Youth Task f was selected as the best non-profit in Boulder Force comprised of former gang members County three times under Matt’s direction and who confront and challenge both junior high IN HONOR OF DR. THEODORE J. received numerous other awards. and high school students with lectures, discus- CASTELE, M.D. Matt was also instrumental in the evolution sion panels, classroom participation, and one of BCAP as a multiculturally proficient organi- on one interaction to discuss the evils of HON. DENNIS J. KUCINICH zation. As Executive Director, Matt incor- gangs and drugs. Victory Fellowship Outreach OF OHIO porated policies and procedures to enhance also offers Drop-In Centers which are located IN THE HOUSE OF REPRESENTATIVES the diverse nature of BCAP. Now there is within housing projects offering emergency multicultural training, a diversity coordinator housing for troubled individuals and Jail and Tuesday, June 19, 2001 and an agency wide multicultural staff. Prison Ministries which provide inmates with Mr. KUCINICH. Mr. Speaker, I rise today to During his tenure with BCAP, Matt and his personal visits and Bible Correspondence honor and celebrate a great man, Dr. Theo- staff gave much thought as to whom the agen- Courses. dore J. Castele, on his achievement of the cy’s clients were—whom it was BCAP should In 1988, Pastor Freddie Garcia published 2001 West Side Ecumenical Ministry’s be serving. According to Matt, ‘‘To me the re- Outcry in the Barrio, an autobiography. In Lamplighter Humanitarian Award. ality of our mission is twofold—to serve people 1990 former President Bush presented him Dr. Castele, the first television news doctor living with HIV and to slow the spread of HIV with the Achievement Against the Odds in the country, has served the Cleveland and infection in the community.’’ Simply consid- Award. E1154 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 2001 Pastor Garcia is a model citizen helping oth- Hence, we do not struggle to improve life for from agriculture to gaming. Ten years ago, ers with troubled pasts and troubled lives be- one group, we struggle to change the false there were no casinos in the State of Mis- come model citizens. I would like to thank sense of superiority of another group—and it sissippi. Today, more than twenty-two casinos Pastor Freddie Garcia and his wife Ninfa for is this fear of losing superiority that frightens operate in my Congressional District. The Sec- all they do, have done and will continue to do most. However, the only cure is to show them ond District of Mississippi is one of the more in the name of God and a better America. that a better world exists, not just for the op- rural areas in the country. While we grow cot- f pressed, but for them as well. It is a new ton and soybeans and farm-raise 85% of the world that many cannot begin to imagine. It is nation’s catfish, we can sometimes lose sight DISCUSSION ON U.N. CONFERENCE this world that the U.N. Conference wishes to of the men and women who make it all pos- ON RACISM promote. The reality many people experience sible. in the world today is not just emotionally pain- When we adjourn in the House, most times HON. EARL F. HILLIARD ful, but it has many other ramifications that fall you can find me headed to Mississippi. When OF ALABAMA like stacks of dominoes. The effects of racism I get home, I hear all the concerns of hard- IN THE HOUSE OF REPRESENTATIVES spread quickly and can soon pour into every working folk who just want to make a better Tuesday, June 19, 2001 community, harden and form the foundation of way of life for their families. No, they don’t Mr. HILLIARD. Mr. Speaker, ANC leader social institutions; and every mind of every complain about how they can’t contribute as Thozamile Botha once said, ‘‘We cannot person becomes polluted. much as they want to a campaign or how the choose war, we have come from war’’. To my Our failure to address racism, as an inter- estate tax is threatening to take away their colleagues and friends here today, I say that national community is the reason we have so farm. My constituents just want to be treated we cannot choose racism, because we have much international conflict. Racism should be fairly and thought of as men and women. come from racism. It has brought us, and our viewed as a mental illness, and without a cure Time after time, we see corporate execu- children nothing but strife and sorrow. We all or an attempt at prevention, will create the tives pitted against common folk who want to need each other in this new era of sick atrocities we witnessed in Rwanda and know that they are not being mistreated. Just globalization. The time has come for us to Bosnia. We must find new ways to monitor like all of us here in the Congress, our work- stop harming each other because of our dif- hate and distrust before it reaches epidemic force wants to enjoy life. There’s nothing ferences, and start using our differences to proportions. As global citizens we face not just wrong with paying hard-working people a de- strengthen our weaknesses. diseases of the body, but of the mind and the cent wage. There’s nothing wrong with pro- Racial discrimination has been an historical spirit. We have too long focused on those viding a safe working environment. There’s tragedy in all countries. Those countries, problems we can see, and have pathetically nothing wrong with environmental standards. which enjoy lavish wealth today, do so be- crawled away from the true source of its ori- There’s nothing wrong with health insurance cause they were the oppressors of yesterday. gin. for the working poor—folks who are too rich Now, stands an opportunity to stop the cruel U.S. citizens consider themselves the for Medicaid but too poor for the HMO’s. cycle of racial discrimination. guardian of individual liberties. It was our polit- There’s nothing wrong with forming credit Historically, social structures and cultural ical ancestors who created the framework that unions and providing other benefits to assist beliefs combined to legalize racial oppression. became the United Nations. It was our first our workforce, many of whom are turned away Many lost opportunities or faced obstacles to ambassador, Eleanor Roosevelt who estab- by traditional lending institutions. Mr. Speaker, living a prosperous life because of racial dis- lished the Human Rights Commission. these comforts are taken for granted by some crimination and abuse. The message rings The U.S. urgently seeks its renewal on the here in the Congress. loudly throughout any society as to which lives U.N. Human Rights Commission. To those In closing, I ask ‘‘What’s wrong with an hon- are considered more valuable. This instantly who wish to accomplish this, I give a quote est day’s pay for an honest day’s work?’’ As creates intense conflict within society. from Eleanor Roosevelt. ‘‘Where after all, does we carry out our duties in this House, let us A society that places and holds certain citi- universal rights begin? In small places, close not forget the men and women who have zens in poverty and at a disadvantage with re- to home . . . unless these rights have mean- made our economy what it is. ing there, they have little meaning anywhere. spect to occupation and education create an f environment that induces many negative so- Without concerned citizen action to uphold cial ills—poverty, illiteracy, and crime are just them close to home, we shall look in vain for ASTORIA HARDWARE FIRE a few. If all persons are expected to support progress in the larger world.’’ and abide by the system, then the system I join my colleagues in an earnest plea for HON. JOSEPH CROWLEY the administration and Congress of the United should value all life equally. Those who will re- OF NEW YORK States, to give their full support to the World ceive unequal treatment from the system may IN THE HOUSE OF REPRESENTATIVES Conference on Racism and send an official not honor it with equal respect. Tuesday, June 19, 2001 The Conference on Racism focused initially delegation to Durban, South Africa. on dismantling apartheid in South Africa. We have been a staunch promoter of Mr. CROWLEY. Mr. Speaker, I rise today in Apartheid fell, but just as with slavery in the human rights and underlying any democratic memory and recognition of John Downing, United States, the remnants of inequality still philosophy is the belief that all men are cre- Harry Ford and Brian Fahey—three of New remain. ated equal. This is the core of human rights York’s Bravest, members of the New York City International conflict now goes beyond na- and eliminating racism should be at the core Fire Department, who were killed in the line of tions going to war with one another. The wars of our domestic and foreign policy. We are not duty on Father’s Day, Sunday, June 17. of ‘‘the post, cold-war era’’, involve conflict calling upon the world to repent, but to ac- Every day, firefighters take risks by putting among groups and neighbors who have lived knowledge the past, refuse to ignore the there own lives on the line in an attempt to side by side for generations. The world has present and hopefully challenge the future. save innocent people who may be trapped in become a new and politically unfamiliar place f a burning building or are otherwise endan- to many, and with unfamiliarity brings the de- LABOR AND THE LABOR FORCE gered by a spreading fire. Heroic action taken sire to cling to that which they know and con- by the men and women of the New York Fire demn that which is unfamiliar. Department is not an occasional event, but Why are so many countries afraid to ad- HON. BENNIE G. THOMPSON something that occurs daily. The routine risks OF MISSISSIPPI dress the issue? We know racism is every- they take are not recognized enough by the IN THE HOUSE OF REPRESENTATIVES where, and it threatens to overwhelm us all if people who they protect. Unfortunately, it al- we do not place safeguards to prevent the Tuesday, June 19, 2001 ways seems to take a tragedy, like the one harm it would incur. Mr. THOMPSON of Mississippi. Mr. Speak- which occurred last weekend to fully recognize The root of racism is fear. Fear of not being er, I would like to thank Representative the heroism around us every day. I am heart- on top, fear of not being given preferential BONIOR for organizing a special order on labor ened to see the outpouring of sympathy that treatment, fear of competing for resources. and the labor force in our country. Rather than has been expressed in New York and across However, the most powerful fear is one of a wait until the first Monday in September, I, too, the country for these brave men who fell in the diminished self-worth. Too often those who appreciate the role of labor and organized in line of duty. perpetuate racism have intertwined their feel- our economy. Working on Father’s Day was just part of ings of worth and confidence with the com- In my District, which is largely the Mis- the job for these three heroes, who were en- parative status of those around them. sissippi Delta, I’ve witnessed the transition trusted with the responsibility of protecting the CONGRESSIONAL RECORD — Extensions of Remarks E1155 lives of the people of New York City. When Brian Fahey was a veteran firefighter of 14 say ‘‘thank you’’ for the job that you do, often tragedy struck, Rescue Company 4, which in- years. He was also a member of the elite res- without praise or acknowledgement. Keep up cluded Mr. Ford, and Mr. Fahey and Ladder cue team, whose most important job is to res- the good work. I hope we all can let the exam- Company 163 where Mr. Downing was as- cue their fellow firefighters imperiled in the ple of these three heroes, John Downing, signed, were sent to fight a fire at a hardware process of saving the lives of civilians. He Harry Ford and Brian Fahey serve as an ex- store in Astoria, Queens. All three men, like leaves behind three sons, Brendan, Patrick ample for all of us. their entire companies, were doing exactly and James and is the husband of Mary. what they were trained to do, the same thing In 1992, 11-year veteran John Downing had I would also like to pay tribute to the 50 they had done hundreds of times before. Un- a brush with fame. A plane trying to take off other people who were injured while fighting fortunately, this fire would lead to their deaths from LaGuardia Airport slid into Flushing Bay, this deadly fire, including firefighters, EMS and the injury of 50 others. killing 19 people. Firefighter Downing was cap- workers, police officers and civilians. My sin- Although we think of them today as heroes tured on the front page of the Daily News the cerest thanks and prayers go out to all of you, because of their valor in the face of death, all next day, heroically carrying victims away from especially Firefighter Joseph Vosilla, an 11- three men were heroes long before this fatal danger. He is survived by his wife Anne, and year veteran of Ladder Company 116, who is Fathers Day. Harry Ford was a 27-year vet- their two children, Joanne and Michael. still in critical condition at Elmhurst hospital, eran of the New York City Fire Department. Words alone cannot express the sadness and Lieutenant Brendan Manning, a 19-year Along with his wife Denise, he was the father we all feel in the death of these men. I can veteran of Battalion 49 who is in stable condi- of three children, Janna, Harry and Gerard. only begin to express the sympathy I feel for tion at New York Weill Cornell Center. During his distinguished career, he earned ten their families and their friends, especially bravery citations, including one for rescuing a those who worked alongside them in their gal- Mr. Speaker, these heroes made the ulti- baby from a burning building. As the senior lant profession. These men will continue to go mate sacrifice in the line of duty. I know the member of his Company, he was held in a on fighting fires, with this painful reminder of entire House joins me in paying tribute to their certain reverence by every member of Rescue the great risk of their calling. To these men incredible bravery. May God bless them and Company Four. and women, I want to take the opportunity to their families. Tuesday, June 19, 2001 Daily Digest Senate to protect consumers in managed care plans and Chamber Action other health coverage. Pages S6403–40 Routine Proceedings, pages S6387–S6462 A unanimous-consent agreement was reached pro- Measures Introduced: Seven bills and two resolu- viding for further consideration of the motion to tions were introduced, as follows: S. 1058–1064, S. proceed to consideration of the bill, with a vote to Res. 113, and S. Con. Res. 51. Page S6448 occur thereon at 9:30 a.m., on Thursday, June 21, 2001, and that at 12 noon the Republican manager, Measures Passed: or his designee be recognized to offer an amendment. U.N. Human Rights Commission Membership: Page S6439 Senate agreed to S. Res. 88, expressing the sense of A unanimous-consent-time agreement was reached the Senate on the importance of membership of the providing for further consideration of the motion to United States on the United Nations Human Rights proceed to consideration of the bill at 10 a.m., on Commission. Pages S6459–60 Wednesday, June 20, 2001. Page S6461 Red Cross Visitation of Lebanon Prisoners: Sen- Elementary and Secondary Education Act Au- ate agreed to S. Con. Res. 35, expressing the sense thorization—Amendment Adopted—Agreement: of Congress that Lebanon, Syria, and Iran should A unanimous-consent agreement was reached pro- allow representatives of the International Committee viding that, notwithstanding passage of H.R. 1, Ele- of the Red Cross to visit the four Israelis, Adi mentary and Secondary Education Act Authorization Avitan, Binyamin Avraham, Omar Souad, and (passed by the Senate on June 14, 2001), Durbin (for Elchanan Tannenbaum, presently held by Hezbollah Torricelli) Amendment No. 805, to require local forces in Lebanon. Page S6460 educational agencies and schools to implement Condemning the Taleban: Senate agreed to S. school pest management plans and to provide par- Con. Res. 42, condemning the Taleban for their dis- ents, guardians, and staff members with notice of the use of pesticides in schools be agreed to. criminatory policies. Pages S6460–61 Pages S6395–98 4–H Program Centennial Initiative Funding: Committee on Agriculture, Nutrition, and Forestry Nominations Received: Senate received the fol- lowing nominations: was discharged from further consideration of S. 657, James R. Moseley, of Indiana, to be Deputy Sec- to authorize funding for the National 4–H Program retary of Agriculture. Centennial Initiative, and the bill was then passed, Michael Parker, of Mississippi, to be an Assistant after agreeing to the following amendment proposed Secretary of the Army. thereto: Page S6461 Michael E. Guest, of South Carolina, to be Am- Reid (for Harkin/Lugar) Amendment No. 806, to bassador to Romania. modify the funding for the National 4–H Program Laurie Smith Camp, of Nebraska, to be United Centennial Initiative. Page S6461 States District Judge for the District of Nebraska. Congratulating Los Angeles Lakers: Senate Paul G. Cassell, of Utah, to be United States Dis- agreed to S. Res. 113, acknowledging that the Los trict Judge for the District of Utah. Angeles Lakers are the undisputed 2001 National Sharee M. Freeman, of Virginia, to be Director, Basketball Association champions and congratulating Community Relations Service, for a term of four the team for its outstanding drive, discipline, and years. Page S6462 dominance. Page S6461 Executive Communications: Pages S6446–47 Patients’ Bill of Rights: Senate began consideration Petitions and Memorials: Pages S6447–48 of the motion to proceed to consideration of S. 1052, to amend the Public Health Service Act and the Statements on Introduced Bills: Pages S6450–55 Employee Retirement Income Security Act of 1974 Additional Cosponsors: Pages S6448–50 D592

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Amendments Submitted: Pages S6456–59 local telecommunication competition, receiving testi- Additional Statements: Pages S6444–45 mony from Representative Markey; Illinois State Senator Dave Sullivan, Prospect; Royce J. Holland, Notices of Hearings: Page S6459 Allegiance Telecom, Inc., Dallas, Texas; Margaret H. Authority for Committees: Page S6459 Greene, BellSouth Corporation, Atlanta, Georgia; C. Privilege of the Floor: Page S6459 Michael Armstrong, AT&T Corporation, Basking Ridge, New Jersey; Clark McLeod, McLeod USA, Adjournment: Senate met at 10 a.m., and ad- Inc., Cedar Rapids, Iowa; David W. Rolka, Rhoads journed at 6:44 p.m., until 10 a.m., on Wednesday, & Sinon, Harrisburg, Pennsylvania; and Gene June 20, 2001. (For Senate’s program, see the re- Kimmelman, Consumers Union, Washington, D.C. marks of the Acting Majority Leader in today’s Hearings recessed subject to call. Record on pages S6461–62.) FEDERAL ENERGY REGULATORY Committee Meetings COMMISSION Committee on Energy and Natural Resources: Committee (Committees not listed did not meet) concluded hearings on S. 764, to direct the Federal Energy Regulatory Commission to impose just and MULTIFAMILY ASSISTED HOUSING reasonable load-differentiated demand rates or cost- REFORM of-service based rates on sales by public utilities of Committee on Banking, Housing, and Urban Affairs: electric energy at wholesale in the western energy Subcommittee on Housing and Transportation con- market, and certain provisions relating to wholesale cluded oversight hearings to examine the implemen- electricity rates in the western energy market, nat- tation of the Multifamily Assisted Housing Reform ural gas rates in the western energy market, and the and Affordability Act of 1997 and the impending sale price of bundled natural gas transactions of S. expiration of the Office of Multifamily Housing As- 597, to provide for a comprehensive and balanced sistance Restructuring, after receiving testimony national energy policy, after receiving testimony from John C. Weicher, Assistant Secretary for Hous- from Curt L. Hebert, Jr., Chairman, Nora Meade ing/FHA Commissioner, and Ira G. Peppercorn, Di- Brownell, Patrick Wood III, Linda Key Breathitt, rector, Office of Multifamily Housing Assistance Re- and William L. Massey, all Commissioners, and structuring, both of the Department of Housing and Kevin P. Madden, General Counsel, all of the Fed- Urban Development; Peter Guerrerro, Director, eral Energy Regulatory Commission, Department of Physical Infrastructure Issues, General Accounting Energy; Geoffrey D. Roberts, Entergy Wholesale Office; John Bentz, Property Advisory Group, Inc., Operations, The Woodlands, Texas; Ronald L. Providence, Rhode Island, on behalf of the National McMahan, Enercap Associates, Boulder, Colorado; Leased Housing Association; Geraldine Thomas, Na- Steven M. Fetter, Fitch, Inc., New York, New York; tional Alliance of HUD Tenants, Philadelphia, Penn- Thomas R. Brill, Sempra Energy, San Diego, Cali- sylvania; Barbara J. Thompson, National Council of fornia; and Bruce B. Henning, Energy and Environ- State Housing Agencies, Washington, D.C.; Cathy mental Analysis, Inc., Arlington, Virginia. Vann, Ontra, Inc., Austin, Texas; and Charles MEDICARE REFORM Wehrwein, Mercy Housing, Inc., Denver, Colorado. Committee on Finance: Committee held hearings to ex- U.S. EXPORT/IMPORT BANK amine medicare reform, focusing on issues related to Committee on Banking, Housing, and Urban Affairs: the Centers for Medicare and Medicaid Services (for- Subcommittee on International Trade and Finance merly Health Care Financing Administration), in- concluded hearings on proposed legislation author- cluding effective communications, customer service, izing funds and renewing the charter for the United confusing rules and regulations, personnel, informa- States Export-Import Bank, after receiving testimony tion technology, and contractor accountability, re- from John E. Robson, President and Chairman, Ex- ceiving testimony from Tommy G. Thompson, Sec- port-Import Bank of the United States; and John B. retary of Health and Human Services; William J. Taylor, Under Secretary of the Treasury for Inter- Scanlon, Director, Health Care Issues, General Ac- national Affairs. counting Office; Michael E. Gluck, Georgetown University Institute for Health Care Research and LOCAL TELEPHONE COMPETITION Policy, Washington, D.C.; Judith H. Hibbard, Uni- Committee on Commerce, Science, and Transportation: versity of Oregon Department of Planning, Public Committee held hearings to examine the goals and Policy and Management, Eugene; and Nicholas J. objectives of the 1996 Telecommunications Act, fo- Wolter, Deaconess Billings Clinic, Billings Montana. cusing on the current state and future prospects of Hearings recessed subject to call.

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GERIATRICS 107th Congress, receiving testimony from Robert Committee on Health, Education, Labor, and Pensions: Chicks, Stockbridge-Munsee Community Band of Subcommittee on Aging concluded hearings to ex- Mohican Indians, Bowler, Wisconsin; Melanie Ben- amine the effect of the national shortage of geri- jamin, Mille Lacs Band of Ojibwe, Onamia, Min- atrics-trained health professionals may have on the nesota; Eli O. Hunt, Leech Lake Band of Ojibwe, growing senior population, after receiving testimony Cass Lake, Minnesota; Doyle Turner, White Earth from Howard Fillit, International Longevity Center, Reservation Tribal Council, White Earth, Minnesota; New York, New York; John R. Burton, Johns Hop- Richard McGeshick, Sr., Lac Vieux Desert Band of kins University School of Medicine Division of Geri- Lake Superior Chippewa Indians, and Ruby Camp, atric Medicine and Gerontology, Baltimore, Mary- Lac Vieux Desert Tribe, both of Watersmeet, Michi- land, on behalf of the American Geriatrics Society; gan; Gerald Danforth, Onieda Tribe of Indians, David A. Lipschitz, University of Arkansas for Med- Onieda, Wisconsin; Gerald V. Chingwa, Little Tra- ical Sciences Donald W. Reynolds Department of verse Bay Bands of Odawa Indians, Petoskey, Michi- Geriatrics, Little Rock; Robyn G. Dickey, Alexan- gan; Ardith Chambers and Thurlow McClellan, both dria, Virginia; and Anna Mae Gannaway, Little of the Grand Traverse Band of Ottawa and Chip- Rock, Arkansas. pewa Indians, Suttons Bay, Michigan; Mike Christensen, Lac du Flambeau Band of Lake Superior MIDWEST ALLIANCE OF SOVEREIGN Chippewa Indians, and Alfred Trepania, Great Lakes TRIBES Inter-Tribal Council, Inc., both of Lac du Flambeau, Committee on Indian Affairs: Committee held over- Wisconsin; and Aaron Schlehuber, Sault Ste. Marie sight hearings to examine the goals and priorities of Tribe of Chippewa Indians, Sault Ste. Marie, Michi- the member tribes of the Midwest Alliance of Sov- gan. ereign Tribes/Inter-tribal Bison Cooperative for the Hearings recessed subject to call. h House of Representatives Recess: The House recessed at 12:43 p.m. and re- Chamber Action convened at 2 p.m. Page H3210 Bills Introduced: 34 public bills, H.R. 2211–2244; Guest Chaplain: The prayer was offered by the 1 private bill, H.R. 2245; and 6 resolutions, H. guest Chaplain, Rev. Joseph A. Escobar, Pastor, St. Con. Res. 164–166, and H. Res. 169, 170, and 172, Anthony’s Catholic Church of Pawtucket, Rhode Is- were introduced. Pages H3258–59 land. Page H3210 Reports Filed: Reports were filed today as follows: Congressional-Executive Commission on the Peo- H.R. 2216, making supplemental appropriations ple’s Republic of China: The Chair announced the for the fiscal year ending September 30, 2001 (H. Speaker’s appointment of the following members to Rept. 107–102); the Congressional-Executive Commission on the Peo- H.R. 2217, making appropriations for the Depart- ple’s Republic of China: Representative Bereuter, ment of the Interior and related agencies for the fis- Co-Chairman, and Representatives Leach, Dreier, cal year ending September 30, 2002 (H. Rept. Wolf, and Pitts. Page H3212 107–103); Committee on Appropriations Suballocation of Recess: The House recessed at 3:56 p.m. and recon- Budget Allocations for Fiscal Year 2001 (H. Rept. vened at 6:07 p.m. Page H3229 107–104); and Committee Election: The House agreed to H. Res. H. Res. 171, providing for consideration of H.R. 169, electing Representative McGovern to the Com- 2216, making supplemental appropriations for the mittee on Rules. Page H3229 fiscal year ending September 30, 2001 (H. Rept. Committee Resignation: Read a letter from Rep- 107–105). Page H3258 resentative McGovern wherein he announced his res- Speaker Pro Tempore: Read a letter from the ignation from the Committee on Rules. Page H3229 Speaker wherein he appointed Representative Pence to act as Speaker pro tempore for today. Page H3209

VerDate 11-MAY-2000 05:37 Jun 20, 2001 Jkt 089061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\CRI\D19JN1.REC pfrm03 PsN: D19JN1 June 19, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D595 Committee Resignation: Read a letter from Rep- and appear on pages H3229–30, H3230–31, and resentative Hastings of Florida wherein he an- H3231. There were no quorum calls. nounced his resignation from the Committee on Adjournment: The House met at 12:30 p.m. and International Relations. Page H3229 adjourned at 10:38 p.m. Committee Election: The House agreed to H. Res. 170, electing Representative Hastings of Florida to Committee Meetings the Committee on Rules and Representative Watson to the Committees on International Relations and REVIEW FRUIT AND VEGETABLES Government Reform. Page H3229 Committee on Agriculture: Subcommittee on Livestock Suspensions: The House agreed to suspend the rules and Horticulture, held a hearing to review fruits and and pass the following measures: vegetables. Testimony was heard from William J. Lyons, Jr., Secretary, Department of Food and Agri- 21st Century Montgomery GI Bill: H.R. 1291, culture, State of California; and public witnesses. to amend title 38, United States Code, to increase the amount of educational benefits for veterans under ENERGY AND WATER DEVELOPMENT the Montgomery GI Bill (agreed to by yea-and-nay APPROPRIATIONS vote of 416 yeas with none voting ‘‘nay’’ and 1 vot- Committee on Appropriations: Subcommittee on Energy ing ‘‘present’’, Roll No. 166); and Water Development met in executive session Pages H3212–20, H3229–30 and approved for full Committee action the Energy Honoring Army National Guard Units De- and Water Development appropriations for fiscal ployed to Bosnia: H. Con. Res. 154, honoring the year 2002. continued commitment of the Army National Guard FORD MOTOR COMPANY’S RECALL— combat units deployed in support of Army oper- FIRESTONE TIRES ations in Bosnia, recognizing the sacrifices made by Committee on Energy and Commerce: Subcommittee on the members of those units while away from their Commerce, Trade, and Consumer Protection and the jobs and families during those deployments, recog- Subcommittee on Oversight and Investigations held nizing the important role of all National Guard and a joint hearing on the Ford Motor Company’s recall Reserve personnel at home and abroad to the na- of certain Firestone Tires. Testimony was heard from tional security of the United States, and acknowl- Michael Jackson, Deputy Secretary, Department of edging, honoring, and expressing appreciation for Transportation; Jacques Nasser, President and CEO, the critical support by employers of the Guard and Ford Motor Company; and John Lampe, President Reserve (agreed to by a yea-and-nay vote of 417 yeas and Chief Executive Officer, Bridgestone/Firestone, with none voting ‘‘nay’’, Roll No. 167); and Inc. Pages H3220–24, H3230–31 ‘‘THE RESULTS ACT: HAS IT MET Historical Significance of Juneteenth Independ- CONGRESSIONAL EXPECTATIONS?’’ ence Day: H. Con. Res. 163, amended, recognizing the historical significance of Juneteenth Independ- Committee on Government Reform: Subcommittee on ence Day and expressing the sense of Congress that Government Efficiency, Financial Management and Intergovernmental Relations held a hearing on ‘‘The history be regarded as a means of understanding the Results Act: Has it Met Congressional Expecta- past and solving the challenges of the future (agreed tions?’’ Testimony was heard from Senator Thomp- to by a yea-and-nay vote of 415 yeas with none vot- son; Sean O’Keefe, Deputy Director, OMB; Chris- ing ‘‘nay’’, Roll No. 168). Pages H3224–29, H3231 topher Mihm, Associate Director, Federal Manage- Consideration of Suspensions on Wednesday, ment and Workforce Issues, GAO and public wit- June 20: Agreed that it be in order at any time on nesses. Wednesday, June 20, 2001 for the Speaker to enter- tain motions that the House suspend the rules relat- CHINA-U.S. SCHOLARS DETAINED ing to the following measures: S. 1029, H. Res. 124, Committee on International Relations: Held a hearing on H. Res. 158, H.R. 1753, H.R. 819, and S. Con. the U.S. Scholars Detained in China. Testimony was Res. 41. Page H3232 heard from the following officials of the Department of State: James A. Kelly, Assistant Secretary, Bureau Amendments: Amendments ordered printed pursu- of East Asian Affairs; Michael Parmly, Deputy As- ant to the rule appear on page H3261. sistant Secretary, Bureau of Democracy, Human Quorum Calls Votes: Three yea-and-nay votes de- Rights, and Labor; and Jim Thompson, Division veloped during the proceedings of the House today Chief, Office of Citizenship Services, Division for

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The rule waives all points of order OVERSIGHT—VISA PROGRAMS against the amendment printed in part B of the Rules Committee report. The rule waives points of Committee on the Judiciary: Subcommittee on Immi- order during consideration of the bill against amend- gration and Claims held an oversight hearing on ments for failure to comply with clause 2(e) of the Guestworker Visa Programs. Testimony was heard from public witnesses. XXI (prohibiting non-emergency designated amend- ments to be offered to an appropriations bill con- NATIONAL HISTORIC FORESTS ACT taining an emergency designation). The rule author- Committee on Resources: Subcommittee on Forests and izes the Chair to accord priority in recognition to Forest Health held a hearing on H.R. 2119, Na- Members who have pre-printed their amendments in tional Historic Forests Act of 2001. Testimony was the Congressional Record. Finally, the rule provides heard from Representative Simpson; Sally Collins, one motion to recommit with or without instruc- Associate Deputy Chief, National Forest System, tions. Testimony was heard from Chairman Young of Forest Service, USDA; and public witnesses. Florida and Representatives Jones of North Carolina, Toomey, Pelosi, Lowey, DeLauro, Farr of California, MISCELLANEOUS MEASURES Skelton, Filner, Eshoo, Bentsen, Baird, Hoeffel, and Committee on Resources: Subcommittee on National Inslee. Parks, Recreation and Public Lands approved for full f Committee action, as amended, H.R. 1668, to au- thorize the Adams Memorial Foundation to establish COMMITTEE MEETINGS FOR WEDNESDAY, a commemorative work on Federal land in the Dis- JUNE 20, 2001 trict of Columbia and its environs to honor former President John Adams and his family. (Committee meetings are open unless otherwise indicated) The Subcommittee also held a hearing on H.R. Senate 1462, Harmful Nonnative Weed Control Act of 2001. Testimony was heard from Senator Craig; Jim Committee on Appropriations: Subcommittee on Defense, Tate, Science Advisor to the Secretary of the Interior; to hold hearings on the budget overview for fiscal year Michael Rains, Deputy Chief, State and Private For- 2002 for the Navy, 10 a.m., SD–192. Committee on Armed Services: closed meeting to discuss estry, Forest Service, USDA; and public witnesses. NATO alliance matters, 4 p.m., SR–236. SUPPLEMENTAL APPROPRIATIONS— Committee on Banking, Housing, and Urban Affairs: to FISCAL YEAR 2001 hold hearings to examine the condition of the United States banking system, 10 a.m., SD–538. Committee on Rules: Granted, by voice vote, an open Committee on Energy and Natural Resources: to hold hear- rule providing one hour of general debate on H.R. ings on the nomination of Patricia Lynn Scarlett, of Cali- 2216, making emergency supplemental appropria- fornia, to be Assistant Secretary for Policy, Management, tions for the fiscal year ending September 30, 2001, and Budget, the nomination of William Gerry Myers III, equally divided and controlled by the chairman and of Idaho, to be Solicitor, and the nomination of Bennett ranking minority member of the Committee on Ap- William Raley, of Colorado, to be Assistant Secretary for propriations. The rule waives all points of order Water and Science, all of the Department of the Interior, against consideration of the bill. The rule provides 9:30 a.m., SD–366. that the amendment printed in part A of the Rules Committee on Finance: to hold hearings to examine trade Committee report accompanying the rule shall be promotion authority, 9:30 a.m., SD–215. Committee on Foreign Relations: to hold hearings to exam- considered as adopted. The rule waives points of ine United States security interests in Europe, 10 a.m., order against provisions in the bill, as amended, for SD–419. failure to comply with clause 2 of rule XXI (prohib- Committee on Governmental Affairs: to hold hearings to iting unauthorized appropriations or legislative pro- examine the role of the Federal Energy Regulatory Com- visions in a general appropriations bill). The rule mission associated with the restructuring of energy indus- provides that the bill will be considered for amend- tries, 9:30 a.m., SD–106.

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Select Committee on Intelligence: to hold closed hearings to ars of Chinese ancestry being held in detention, calling examine certain intelligence matters, 2:30 p.m., SH–219. on the President of the United States to continue work- Committee on the Judiciary: to hold oversight hearings to ing on behalf of Li Shaomin and the other detained schol- examine the restoration of confidence in the Federal Bu- ars for their release; and H. Res. 99, expressing the sense reau of Investigation, 1 p.m., SD–226. of the House of Representatives that Lebanon, Syria, and House Iran should call upon Hezbollah to allow representatives of the International Committee of the Red Cross to visit Committee on Agriculture, to consider H.R. 2213, 2001 four abducted Israelis, Adi Avitan, Binyamin Avraham, Crop Year Economic Assistance Act, 10 a.m., 1300 Long- Omar Souad, and Elchanan Tannenbaum, presently held worth. by Hezbollah forces in Lebanon, 10:15 a.m., 2172 Ray- Subcommittee on Conservation, Credit, Rural Develop- burn. ment and Research, hearing to review agricultural credit, Committee on the Judiciary, to mark up the following: 2 p.m., 1300 Longworth. H.R. 1866, to amend title 35, United States Code, to Committee on Appropriations, to mark up Transportation clarify the basis for granting requests for reexamination of appropriations for fiscal year 2002, 10 a.m., 2359 Ray- patents; H.R. 1886, to amend title 35, United States burn. Code, to provide for appeals by third parties in certain Committee on Armed Services, hearing on U.S. national patent reexamination proceedings; H.R. 1407, to amend military strategy options, 10 a.m., 2118 Rayburn. title 49, United States Code, to permit air carriers to Subcommittee on Military Procurement and the Sub- meet and discuss their schedules in order to reduce flight committee on Military Research and Development, joint delays; H.J. Res. 36, proposing an amendment to the hearing on technology issues associated with the Depart- Constitution of the United States authorizing the Con- ment of Defense space operations, 2:30 p.m., 2118 Ray- gress to prohibit the physical desecration of the flag of burn. the United States; the 21st Century Department of Jus- Committee on the Budget, hearing on the Economic and tice Appropriations Authorization Act; and private relief Budgetary Effects of National Energy Policy, 10 a.m., measures, 11 a.m., 2141 Rayburn. 210 Cannon. Committee on Resources, hearing on the following bills: Committee on Education and the Workforce, Subcommittee H.R. 701, Conservation and Reinvestment Act; and H.R. on 21st Century Competitiveness, hearing on H.R. 1992, Internet Equity and Education Act of 2001, 10:30 a.m., 1592, Constitutional Land Acquisition Act, 10 a.m., 2175 Rayburn. 1324 Longworth. Committee on Energy and Commerce, Subcommittee on Committee on Rules, to consider the Agriculture, Rural Health, hearing on the following: H.R. 1644, Human Development, Food and Drug Administration and Re- Cloning Prohibition Act of 2001; and Cloning Prohibi- lated Agencies appropriations for fiscal year 2002, 2:30 tion Act of 2001, 10:15 a.m., 2322 Rayburn. p.m., H–313 Capitol. Subcommittee on Telecommunications and the Inter- Committee on Science, Subcommittee on Space and Aero- net, hearing on Campaign Finance Reform: Proposals Im- nautics, hearing on Space Launch Initiative: A Program pacting Broadcasters, Cable Operations and Satellite Pro- Review, 2 p.m., 2318 Rayburn. viders, 10 a.m., 2322 Rayburn. Committee on Small Business, hearing on Procurement Committee on Financial Services, hearing on the California Policies of the Pentagon with respect to Small Business Energy Crisis: Causes, Impacts and Remedies, 10 a.m., and the new Administration, 10 a.m., 2360 Rayburn. 2128 Rayburn. Subcommittee on Workforce, Empowerment and Gov- Subcommittee on Oversight and Investigations, hearing ernment Programs and the Subcommittee on Rural Enter- on the implementation of the EFT requirements of the prises, Agriculture and Technology, joint hearing on the Debt Collection Improvement Act of 1996, and the use reauthorization of the Small Business Technology Transfer of ETAs, 3 p.m., 2220 Rayburn. Program, 2 p.m., 2360 Rayburn. Committee on Government Reform, hearing on ‘‘Compas- Committee on Transportation and Infrastructure, Sub- sionate Use INDs—Is the Current System Effective?’’ 1 committee on Aviation, hearing on Airline Customer p.m., 2154 Rayburn. Service Commitments: Status Report, 1 p.m., 2167 Ray- Committee on International Relations, to continue markup burn. of H.R. 1954, ILSA Extension Act of 2001; and to mark Subcommittee on Economic Development, Public up the following measures: H.R. 2069, Global Access to Buildings and Emergency Management, hearing con- HIV/AIDs Prevention, Awareness, Education, and Treat- cerning the reauthorization of the Appalachian Regional ment Act of 2001; H.R. 2131, to reauthorize the Trop- Commission, 2 p.m., 2253 Rayburn. ical Forest Conservation Act of 1998 through fiscal year Committee on Veterans’ Affairs, Subcommittee on Health, 2004; H. Res. 160, calling on the Government of the hearing on mental health, substance-use disorders and People’s Republic of China to immediately and uncondi- homelessness programs within the Department of Vet- tionally release Li Shaomin and all other American schol- erans Affairs, 2 p.m., 334 Cannon

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, June 20 10 a.m., Wednesday, June 20

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of Suspensions: ation of the motion to proceed to consideration of S. (1) S. 1029, HUD use of fees for the manufactured 1052, Patients’ Bill of Rights. housing program; (2) H. Res. 124, Supporting the Goals and Ideas of American Youth Day; (3) H. Res. 168, Honoring the Contributions of Native Americans to American History, Culture, and Education; (4) H.R. 1753, M. Caldwell Butler Post Office Build- ing Designation; (5) H.R. 819, Donald J. Pease Federal Building Des- ignation; (6) S. Con. Res. 41, Use of the Capitol Grounds for the National Book Festival; and Consideration of H.R. 2216, Supplemental Appropria- tions Act for Fiscal Year 2001 (open rule, one hour of de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E1148 Menendez, Robert, N.J., E1142 Hoyer, Steny H., Md., E1146 Napolitano, Grace F., Calif., E1147 Bentsen, Ken, Tex., E1151, E1153 Israel, Steve, N.Y., E1148 Payne, Donald M., N.J., E1142 Bonilla, Henry, Tex., E1153 Jones, Walter B., N.C., E1150 Price, David E., N.C., E1149 Radanovich, George, Calif., E1141, E1142, E1146 Camp, Dave, Mich., E1147 King, Peter T., N.Y., E1152 Rodriguez, Ciro D., Tex., E1143 Clement, Bob, Tenn., E1147 Kleczka, Gerald D., Wisc., E1141 Solis, Hilda L., Calif., E1148 Coyne, William J., Pa., E1144 Kucinich, Dennis J., Ohio, E1144, E1145, E1147, E1148, Stark, Fortney Pete, Calif., E1151 Crowley, Joseph, N.Y., E1154 E1153 Thompson, Bennie G., Miss., E1151, E1154 Deutsch, Peter, Fla., E1144, E1145, E1146 LaFalce, John J., N.Y., E1146 Turner, Jim, Tex., E1144, E1145 Dooley, Calvin M., Calif., E1149 Langevin, James R., R.I., E1142 Udall, Mark, Colo., E1153 Gilman, Benjamin A., N.Y., E1151 Lantos, Tom, Calif., E1143, E1149 Vela´ zquez, Nydia M., N.Y., E1141 Graves, Sam, Mo., E1145 Luther, Bill, Minn., E1141 Harman, Jane, Calif., E1142 McGovern, James P., Mass., E1152 Hilliard, Earl F., Ala., E1154 Meek, Carrie P., Fla., E1152

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