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

Vol. 145 WASHINGTON, MONDAY, OCTOBER 4, 1999 No. 132 House of Representatives The House met at 12:30 p.m. and was SPORTS MILESTONES FOR wins; Shane Reynolds, with 16 impres- called to order by the Speaker pro tem- HOUSTON sive, hard-fought wins; and Billy Wag- pore (Mr. TANCREDO). Mr. BENTSEN. Mr. Speaker, I rise ner, the best closer in baseball, with 39 today in recognition of two important saves; and a bullpen that set a remark- f sports milestones that were achieved able record for winning every game in yesterday in my congressional district which they held a lead after eight in- DESIGNATION OF SPEAKER PRO in the City of Houston. nings. TEMPORE The first milestone was the Houston With the steady veteran presence of The SPEAKER pro tempore laid be- Astros’ clinching the National League fan favorites Craig Biggio, Jeff fore the House the following commu- Central Division title for the third year Bagwell, Ken Caminiti, and Carl Ever- nication from the Speaker: in a row. While their 97-win season was ett, the Astros were able to overcome the adversity of injuries and find a way impressive, equally impressive was the WASHINGTON, DC, to win 97 games. October 4, 1999. division race, which lasted until the A second important Houston sports I hereby appoint the Honorable THOMAS G. final day of the regular season. Yester- milestone was also achieved yesterday TANCREDO to act as Speaker pro tempore on day, Astros 22-game winner Mike this day. in the Astrodome, with the end of the Hampton took the mound on only 3 1999 regular season. It is special be- J. DENNIS HASTERT, days’ rest and delivered a decisive per- Speaker of the House of Representatives. cause, after 35 years, yesterday’s divi- formance, guiding the Astros to the sion-clinching game was the last f Central Division title. Astros regular season game in the Despite a year plagued by injuries, place known in Houston as the Dome. MESSAGE FROM THE SENATE forcing the team to use the disabled Next year, the Astros will begin play list 16 times, the Astros managed to at Enron field, a new ballpark in the A message from the Senate by Mr. finish the season with the second high- Lundregan, one of its clerks, an- heart of downtown Houston. But the est win total in franchise history. Astros’ history, for better or worse, has nounced that the Senate agrees to the Starting with the loss of outfielder amendment of the House to the bill (S. been established in the Astrodome, the Moises Alou in the off season, this sea- Eighth Wonder of the World. The brain- 323) ‘‘An Act to redesignate the Black son was undoubtedly a test for Astros Canyon of the Gunnison National child of Judge Roy Hofheinz, the Astro- players and fans alike. The only Astros dome has been the site of 35 years of Monument as a national park and es- position players who did not spend tablish the Gunnison Gorge National great sports memories. time on the disabled list were first The Dome saw Elvin Hays meet Lew Conservation Area, and for other pur- baseman Jeff Bagwell and second base- Alcindor for a classic college basket- poses.’’ man Craig Biggio, both of whom who ball game in 1968. Mohammed Ali f have had career years leading the Na- fought there, Elvis and Selena per- tional League in RBIs and doubles re- formed there, Evel Knievel jumped, spectively. MORNING HOUR DEBATES Billy Graham preached, and Billie Jean The team also weathered the tem- King and Bobby Riggs played a score- The SPEAKER pro tempore. Pursu- porary loss of manager Larry Dierker, settling tennis match. ant to the order of the House of Janu- whose rapid recovery from brain sur- The Oilers won big games and lost a ary 19, 1999, the Chair will now recog- gery revealed the strength and breadth few there, the University of Houston nize Members from lists submitted by of his character. But in the end, what Cougars called the Dome their home, the majority and minority leaders for drove the Astros to victory was the and the Houston Livestock Show and morning hour debates. The Chair will team performance on the field: great Rodeo have maintained one of Hous- alternate recognition between the par- pitching, fielding, defense and timely ton’s most important traditions with ties, with each party limited to 30 min- hitting. countless concerts and rodeos that utes, and each Member, except the ma- Of particular note was the Astros’ have thrilled millions. jority leader, the minority leader, or amazing pitching staff: Mike Hampton, But the Astrodome will always be the minority whip, limited to 5 min- who set a team record with 22 wins, the identified first with the Houston utes. best in the National League; Jose Astros. The Astrodome’s opening in The Chair recognizes the gentleman Lima, whose animation and love for 1965 was so special that the New York from Texas (Mr. BENTSEN) for 5 min- the game delighted fans and whose Yankees traveled to Houston for an ex- utes. commitment to succeed resulted in 21 hibition game, which saw the very first

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.

H9243

. H9244 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Dome home run hit by none other than controversial. Why is it controversial? The Secretary of Labor has said that Mickey Mantle, witnessed by President Well, because in a pique, in a pique, the they find unacceptable the changes Lyndon B. Johnson, who attended the Republican leadership is very angry that were made to the Senior Commu- game with tens of thousands of his fel- with one of the many senior groups nity Service Employment program au- low Texans, including myself. which participates in the Older Ameri- thorized under title 5 of the Older The scoreboard, unlike any other in cans Act employment programs, the Americans Acts. We believe this sports, shared color, lights, and Texas National Council of Senior Citizens, change would significantly diminish pride for all who entered. The team, who regularly advocate for progressive the effectiveness of the Senior Commu- with their often colorful uniforms, issues for seniors, for prescription drug nity Service Employment programs. played their hearts out, rain or shine, coverage and other things. Yes, they So why? Why are they doing this? It in the 72-degree comfort of the Dome. ding the Republican leadership and the is so sad. Again, just to repeat one last The list of players who wore the Republicans a bit. time that, because they are angry at Houston Astros uniform is legendary, So in a pique, to get at that one one senior citizen group that has advo- from Jimmy Wynn to Joe Morgan, group that they hate, they are going to cated against some of their priorities, Larry Dierker to Rusty Staub, Nolan take and penalize all the other senior their misplaced priorities here, they Ryan to Mike Scott, Art Howe to groups who actually do 90 percent of going to penalize all the senior citizen Dickie Thon, Phil Garner to Ken the senior employment and arbitrarily groups, including Green Thumb, which Caminiti, Don Wilson to Billy Wagner, change the program. has got one of the most successful em- Glenn Davis to Jeff Bagwell, Bill Doron What are the Republicans, the party ployment programs for hard-to-serve to Craig Biggio, Craig Reynolds to of small government, the party of the rural low-income seniors in this coun- Doug Rader, Cesar Cedeno to Jose private sector, the party of charitable try and provides vital services in thou- Cruz, Joe Niekro to Alan Ashby, and nonprofit groups going to do? They are sands of communities across America. J.R. Richard to Dave Smith. going to rip money away from a very They are going to have millions of There have been many unforgettable successful program being operated now dollars ripped out of their budget and moments and unforgettable athletes by dozens of other senior groups and delivered to State bureaucracies that who have played the game of baseball give it to the States. will not spend it as efficiently and per- for the Astros. Now, as the final chap- Well, one might say, what is wrong haps will not be able to spend it at all. ter of the 1999 Astros season is being with that? Well, even in my own State, I urge people to oppose this bill under written in the playoffs, this generation which is recognized as the leader on the suspension of the rules. of Houston Astros players will have a senior citizen issues, they are less effi- chance to bring home the team’s first cient and less capable. They get fewer f World Series title to the city of Hous- people placed for the same amount of RECESS ton. money as the private nonprofit senior The next generation of Astros stars groups do. They get fewer people The SPEAKER pro tempore. Pursu- will play their games in the new ball- through this program. They serve a dif- ant to clause 12 of rule I, the Chair de- park, in itself a modern marvel. But ferent clientele. clares the House in recess until 2 p.m. there is only one Astrodome, and Hous- Actually, the States serve the easier- Accordingly (at 12 o’clock and 42 ton fans and the athletes who per- to-serve clientele, the urban clientele, minutes p.m.), the House stood in re- formed so greatly there will never for- the more educated clientele than do cess until 2 p.m. get it or the franchise that proudly the disbursed groups like Green Thumb f played there for the great fans of the and others who go into rural areas city of Houston. where the States do not have the capa- b 1400 f bility of going. This is extraordinarily unfortunate AFTER RECESS OPPOSE H.R. 782, OLDER that this bill should come forward in The recess having expired, the House AMERICANS ACT this form. It is going to come forward was called to order at 2 p.m. The SPEAKER pro tempore. Under under the suspension of the rules. No the Speaker’s announced policy of Jan- amendments allowed. We could have at f uary 19, 1999, the gentleman from Or- least had a fair fight over this issue. egon (Mr. DEFAZIO) is recognized dur- Given the fact that more than half of PRAYER ing morning hour debates for 5 min- the House has cosponsored my legisla- The Chaplain, Rev. James David utes. tion, bipartisan legislation, I believe Ford, D.D., offered the following pray- Mr. DeFAZIO. Mr. Speaker, I had we would have prevailed. er: hoped that today would be a day to cel- But we will not be allowed to offer an O gracious God, in whom we live and ebrate. For 4 years, the Older Ameri- amendment to this bill. There will be move and have our being, we are grate- cans Act has languished in this House 40 minutes of debate. We have waited 4 ful that Your blessings are over us and of Representatives. The authorization years. Only the people who are running Your everlasting arms are beneath us. expired 4 years ago. We have been oper- this House of Representatives after 4 We know, O God, that Your spirit gives ating off of a continuing appropriations years could deliver a turkey like this, us strength when we are weak, chas- resolutions for 4 years. a bill that is going to hurt senior citi- tens us when we miss the mark, for- Because of that, there has been no in- zens. gives us and makes us whole. We are flation adjustment in many crucial Instead of helping them when this thankful that we can begin a new week programs for our senior citizens. Be- should have been a day to celebrate for energized by Your faithfulness and cause of that, there has been no review America’s senior citizens, it will be a comforted by Your many mercies. and addition to the Older Americans day that we will look back upon and Bless all Your people, O God, and may Act of new programs to serve the vital say how is it now that the Older Ameri- Your peace that passes all human un- needs of our seniors. cans Act senior employment programs derstanding be with each one of us now I introduced bipartisan legislation were destroyed, they were destroyed and evermore. Amen. the beginning of the session. We have because a few people in the majority more than half of the Members of this were mad at one senior group that gets f House of Representatives on that wide- a tiny fraction of the money under this ly agreed-upon legislation. bill. So they dumped money into State THE JOURNAL But now, in rather a bit of a surprise bureaucracies that were incapable of The SPEAKER. The Chair has exam- move, the Republican leadership is doing the job. That is a sad day. ined the Journal of the last day’s pro- popping out an Older Americans Act In addition to that, we find that the ceedings and announces to the House revision to the floor, H.R. 782, under administration is very opposed to this. his approval thereof. suspension of the rules, no amend- Perhaps they can even get this on to Pursuant to clause 1, rule I, the Jour- ments allowed, that is extraordinarily the veto list if they try hard enough. nal stands approved. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9245 PLEDGE OF ALLEGIANCE CORRECT THE OLDER AMERICANS It was a bad bill, and it is best that The SPEAKER. Will the gentleman ACT TO REFLECT HIGHER PER- it was pulled. It needs more work be- from Texas (Mr. LAMPSON) come for- CENTAGE OF SENIORS fore it comes to the floor of the House, ward and lead the House in the Pledge (Mr. MILLER of Florida asked and and it should come under open rule so of Allegiance. was given permission to address the amendments can be offered. We have Mr. LAMPSON led the Pledge of Alle- House for 1 minute and to revise and waited 4 years. It should not be under giance as follows: extend his remarks.) a closed procedure. f I pledge allegiance to the Flag of the Mr. MILLER of Florida. Mr. Speaker, United States of America, and to the Repub- I rise to express my concerns about the PROTECTING THE AMERICAN PEO- lic for which it stands, one nation under God, Older American Act that was supposed PLE, PART OF RONALD REA- indivisible, with liberty and justice for all. to be on the floor today and apparently GAN’S DREAM f will be delayed. This is reauthorization (Mr. ROHRABACHER asked and was of some very, very important programs RECOGNIZING ANDRE AGASSI given permission to address the House in this country, and as a Congressman for 1 minute and to revise and extend FIFTH GRAND SLAM TITLE AND who represents the largest number of GRAND SLAM FOR CHILDREN his remarks.) seniors in a congressional district in Mr. ROHRABACHER. Mr. Speaker, (Mr. GIBBONS asked and was given the southwest part of Florida, it is of back in the 1980’s I had the honor of permission to address the House for 1 great concern for me because of pro- being one of Ronald Reagan’s speech minute and to revise and extend his re- grams like Meals on Wheels and other writers and worked with him closely in marks.) senior programs that need to be au- developing some of the ideas that were Mr. GIBBONS. Mr. Speaker, it is thorized, and they are essential pro- under attack then but nowadays seem with great pleasure that I come to the grams. to have come to fruition. And it is dif- floor today to recognize and congratu- The bill that was being proposed had ficult for me to come here today and to late a tennis superstar and fellow Ne- some really good innovations and just especially in light of what Edmond vadan for capturing his fifth Grand ideas, a care-giver program so that we Morris has written about the President Slam title and his second in 1999. It need to expand upon and create a spe- and is writing about the President, was merely 2 years ago when the sports cialized program for it. However, the saying about President Reagan, but I writers claimed that Andre Agassi was real problem in that bill was the fund- think we should all remember that over the hill in world tennis competi- ing formula. Florida, having the larg- Ronald Reagan had a vision and set tion. However, after a superb summer est number of seniors, should get its America in motion to do things that which consisted of his winning the proportionate share of money, but it is have put us in an era of prosperity and French Open title, a second-place fin- biased because it is Florida; and that an era of peace. ish at Wimbledon, and winning the U.S. was just plain wrong to say Florida I was there when Ronald Reagan, for Open title, Agassi recaptured the num- gets less percentage-wise than other example, launched the program aimed ber one ranking and once again the top States. We have more seniors. The sen- at developing a missile defense system of the tennis world. iors keep moving to Florida, and they for the United States of America. Ev- Mr. Speaker, Agassi’s unparalleled have got a program in the bill that erybody said that it could not be done. performances do not end on the court. says its 1987 census numbers are what He was ridiculed. He wanted a system For the fifth consecutive year Andre we are living with. that, if someone were shooting a mis- Agassi’s charitable foundation hosted a Mr. Speaker, people keep moving to sile at us were armed with an atomic Grand Slam for Children that raises Florida, and we have got to keep allow- bomb, a nuclear warhead, that we money to assist at-risk youth in Las ing the money to follow the seniors, could have protected from that, thus Vegas. With Andre’s dedication and and that was the only real problem saving millions of Americans. And they tireless efforts, the event raised nearly with that bill. Otherwise it is a very said it could not be done. They ridi- $4 million to help these children. good bill, and I hope it is brought back culed him, and of course this weekend So, to Andre Agassi I congratulate to the floor with the correction. I am proud to announce that we have him on his fifth Grand Slam title and f had another successful test of an anti- also thank him for his outreach and as- missile system to protect the American sistance to the children of Nevada. We THE OLDER AMERICANS ACT people, part of Ronald Reagan’s dream. are indeed proud of him. NEEDS MORE WORK f f (Mr. DEFAZIO asked and was given DEMOCRATIC CALLOUSNESS permission to address the House for 1 (Mr. ARMEY asked and was given STONE COLD PROMOTION OF minute.) GARBAGE permission to address the House for 1 Mr. DeFAZIO. Mr. Speaker, actually minute and to revise and extend his re- (Mr. TRAFICANT asked and was H.R. 782, the reauthorization of the marks.) given permission to address the House Older Americans Act which we have Mr. ARMEY. Mr. Speaker, the do- for 1 minute and to revise and extend been awaiting for 4 years, had many nothing Democrats are at it again. his remarks.) other problems; and it is best that it This morning the Census Bureau an- Mr. TRAFICANT. Mr. Speaker, it is was pulled. This is legislation that is nounced that the ranks of the unin- not just about the Virgin Mary splat- vitally needed so we can better fund sured have grown by one million people tered with cow manure; it is about and prioritize programs for senior citi- in this last year. How did the do-noth- common decency. The Brooklyn Mu- zens. ing Democrats respond to that news? seum of Art is displaying a portrait of But the bill was going to take money Well, essentially, Mr. Speaker, they a pedophile that features the hand- from the Older American Employment told the uninsured to drop dead. That prints of the children he murdered. programs, away from the efficient, the is right. They scheduled a press con- Think about it: on display in New private nonprivate providers and dump ference for this afternoon to denounce York City, the handprints of America’s it on State bureaucracies that have no our access bill for the uninsured. On murdered children. track record and in fact where they do the very day we learn that 44.3 million Beam me up, Mr. Speaker. This is not have a track record, one that is less ef- Americans went without health insur- freedom of expression; this is stone fective and less efficient. It also was ance last year, the Democrats an- cold promotion of garbage. Congress going to cut congregant meals for sen- nounce that they are standing in the should be supporting Mayor Giuliani’s iors under the theory that they should hospital door to make sure that no Re- attempt to stop public funding of this just stay home; it is cheaper to serve publican gets credit for helping the un- type of trash. them there than to have them come to insured. I yield back the handprints of Amer- congregant meal sites, missing out on How callous can they be? ica’s murdered children on display in the vital socialization function and And where are their solutions for the the great City of New York. others things that go on there. uninsured? Nowhere to be seen. H9246 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Meanwhile, they are calling our ac- UNDERSTAND THE FACTS ABOUT b 1415 cess bill for the uninsured a poison pill. THE OLDER AMERICANS ACT EARNING THE RESPECT OF How dare they. (Mr. GOODLING asked and was given AMERICA Now I ask you, Mr. Speaker, what is permission to address the House for 1 (Mr. LAMPSON asked and was given poisonous about expanding community minute.) permission to address the House for 1 health centers for the poor? What is Mr. GOODLING. First of all, Mr. minute and to revise and extend his re- poisonous about giving the cashier at Speaker, I would tell the gentleman marks.) the hardware store the same tax deduc- that I just read in the newspaper last Mr. LAMPSON. Mr. Speaker, perhaps tion for health care that now a cor- week where the minority leader said the best thing to do, to sum up all of porate CEO gets? What is poisonous that the Democrats are determining this, is let us get past the partisan about letting every American have a what the legislation is on the floor of rhetoric, get down to business, and do medical savings account? What is poi- the House, so that is kind of inter- our jobs, and maybe then America will sonous about letting small business esting. But that is not why I wanted to respect what we are doing here. band together to buy cheaper coverage speak. f for their workers? What is poisonous, I have heard a lot of people, many, Mr. Speaker, about giving hard-work- ANNOUNCEMENT BY THE SPEAKER talking about the Older Americans PRO TEMPORE ing families special relief for providing Act, and unfortunately they do not The SPEAKER pro tempore (Mr. MIL- long-term care for their aging parents? know what they are talking about. The LER of Florida). Pursuant to clause 8 of Mr. Speaker, there are 44.3 million Older Americans Act, which we worked rule XX, the Chair announces that he Americans that do not think access to on for 6 months, the gentleman from will postpone further proceedings affordable health coverage is a poison California (Mr. MCKEON) and the gen- today on each motion to suspend the pill. The only poison in this debate is tleman from California (Mr. MARTINEZ) rules on which a recorded vote or the the callousness of the do-nothing and the gentleman from Nebraska (Mr. yeas and nays are ordered or on which Democrats. They ought to be ashamed, BARRETT), as a matter of fact does the vote is objected to under clause 6 of Mr. Speaker. more than it has ever done before in an rule XX. authorization as far as employment Any rollcall votes on postponed ques- f programs are concerned, as far as tions will be taken after debate has States are concerned. If my colleagues concluded on all motions to suspend only understood the way the legisla- REPUBLICANS DO LITTLE OR the rules, but not before 6 p.m. today. tion is now and has been for years, says NOTHING ON ISSUES THAT CON- f CERN THE AMERICAN PEOPLE that 45 percent of all of the money will stay in Washington, 55 percent will go COMMERCIAL SPACE TRANSPOR- (Mr. DOGGETT asked and was given back to the State. That is not the way TATION COMPETITIVENESS ACT permission to address the House for 1 it has been appropriated. It has been OF 1999 minute.) appropriate 78 and 22. But that is not Mr. SENSENBRENNER. Mr. Speak- Mr. DOGGETT. Mr. Speaker, this the way it is authorized. We improved er, I move to suspend the rules and term, do-nothing Democrats, is a curi- that, and we said just reverse, 55 per- pass the bill (H.R. 2607) to promote the ous term to me. As best I remember, cent will stay here, 45 percent will go development of the commercial space the Republicans have a majority in back. transportation industry, to authorize this House, the Republicans have a ma- So be sure to understand the facts appropriations for the Office of the As- jority in the United States Senate; and about what it was we wanted to present sociate Administrator for Commercial yet they have been unable to complete which we will not present during this Space Transportation, to authorize ap- their work. We have begun this new session of Congress again. propriations for the Office of Space Federal fiscal year without the nec- Commercialization, and for other pur- essary appropriations acts and they f poses, as amended. have yet to even present one of the The Clerk read as follows: largest of those appropriations acts for NEVER AGAIN H.R. 2607 our consideration. Likewise, they have Be it enacted by the Senate and House of (Mr. SENSENBRENNER asked and produced so far this year, perhaps, the Representatives of the United States of America was given permission to address the most unique set of legislative accom- in Congress assembled, House for 1 minute and to revise and plishments largely centering on nam- SECTION 1. SHORT TITLE. extend his remarks.) ing a few places and buildings and me- This Act may be cited as the ‘‘Commercial morial coins and doing little or noth- Mr. SENSENBRENNER. Mr. Speak- Space Transportation Competitiveness Act of 1999’’. ing on the real issues that concern the er, my good friend from Texas (Mr. American people. DOGGETT) has a very short memory. He SEC. 2. FINDINGS. tells the House and the American peo- The Congress finds that— One of those real issues is having a ple to give us a Democratic majority (1) a robust United States space transpor- true patients’ bill of rights for those in and we will show them what we can do. tation industry is vital to the Nation’s eco- nomic well-being and national security; managed health care. With consider- Mr. Speaker, I remember the last time ation of important consumer legisla- (2) a 5-year extension of the excess third there was a Democratic majority and party claims payment provision of chapter tion delayed this month after month, the Speaker from Texas, and the House 701 of title 49, United States Code, (Commer- week after week, we will finally this passed no appropriations bills at all by cial Space Launch Activities) is necessary at week have an opportunity to provide the 30th of September, and all 13 appro- this time to protect the private sector from Americans some real protection with a priation bills ended up being put in one uninsurable levels of liability; genuine patients’ bill of rights. That is huge massive and continuing resolu- (3) enactment of this extension will have a what Democratic efforts, joined with a tion that the President of the United beneficial impact on the international com- petitiveness of the United States space handful of Republicans who were will- States, Ronald Reagan, plunked on ing to buck their leadership to stand transportation industry; that desk there, stack after stack after (4) space transportation may eventually up for the rights of ordinary Americans stack, and said no way will I ever sign move into more airplane-style operations; against mismanaged care, can accom- one of those continuing resolutions (5) during the next 3 years the Federal plish. again. Government and the private sector should Give us a Democratic majority, and Now that is what happened the last analyze and determine whether a more ap- propriate and effective liability risk-sharing my colleagues will really see what time there was a Democratic majority, regime can be achieved and, if so, develop Democrats can do to address health and I hope that we never have that and propose the new regime to Congress at care and other concerns of American happen again under either a Repub- least 2 years prior to the expiration of the Families. lican or Democratic majority. extension contained in this Act; October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9247 (6) the areas of responsibility of the Office plied and, if not, what liability regime There was no objection. of the Associate Administrator for Commer- should attach to space transportation activi- (Mr. SENSENBRENNER asked and cial Space Transportation have significantly ties, whether ultrahazardous activities or was given permission to revise and ex- increased as a result of— not; tend his remarks.) (A) the rapidly expanding commercial (4) examine how relevant international Mr. SENSENBRENNER. Mr. Speak- space transportation industry and associated treaties affect the Federal Government’s li- government licensing requirements; ability for commercial space launches and er, I yield myself such time as I may (B) regulatory activity as a result of the whether the current domestic liability risk- consume. emerging commercial reusable launch vehi- sharing regime meets or exceeds the require- Mr. Speaker, H.R. 2607, the Commer- cle industry; and ments of those treaties; cial Space Transportation Competi- (C) the increased regulatory activity asso- (5) examine whether and when the commer- tiveness Act of 1999, provides a 5-year ciated with commercial operation of launch cial space transportation liability regime extension for what is commonly re- and reentry sites; and could be conformed to the approach of the ferred to as indemnification. This ex- (7) the Office of the Associate Adminis- airline liability regime; and tension is necessary to protect space trator for Commercial Space Transportation (6) include recommendations on whether should engage in only those promotional ac- the commercial space transportation liabil- transportation companies from unin- tivities which directly support its regulatory ity regime should be modified and, if so, surable levels of liability and to en- mission. what modifications are appropriate and what hance the international competitive- SEC. 3. OFFICE OF COMMERCIAL SPACE TRANS- actions are required to accomplish those ness of the American companies. The PORTATION. modifications. current indemnification provision ex- (a) AMENDMENT.—Section 70119 of title 49, (c) SECTIONS.—The report required by this pires at the end of this year, so we need United States Code, is amended to read as section shall include— to move quickly in order to get this ex- follows: (1) a section containing the views of— (A) the Office of the Associate Adminis- tension enacted before the end of the ‘‘§ 70119. Office of Commercial Space Trans- trator for Commercial Space Transportation; year. portation (B) the National Aeronautics and Space H.R. 2607 also includes a reporting ‘‘There are authorized to be appropriated Administration; provision on whether the current risk- to the Secretary of Transportation for the (C) the Department of Defense; sharing regime should be modified. The activities of the Office of the Associate Ad- (D) the Office of Space Commercialization; report calls for separate sections from ministrator for Commercial Space and Transportation— the Federal Government, the U.S. (E) any other interested Federal agency, space transportation providers and cus- ‘‘(1) $6,275,000 for fiscal year 1999; on the issues described in subsection (b); ‘‘(2) $7,000,000 for fiscal year 2000; (2) a section containing the views of United tomers, the insurance industry and the ‘‘(3) $8,300,000 for fiscal year 2001; and States commercial space transportation pro- general public. This report will provide ‘‘(4) $9,840,000 for fiscal year 2002.’’. viders on the issues described in subsection the basis for Congressional hearings (b) TABLE OF SECTIONS AMENDMENT.—The (b); and public debate in the future and item relating to section 70119 in the table of (3) a section containing the views of United should provide the framework for the sections of chapter 701 of title 49, United States commercial space transportation cus- new regime in plenty of time before States Code, is amended to read as follows: tomers on the issues described in subsection this extension expires in 2004. ‘‘70119. Office of Commercial Space Trans- (b); The bill also includes authorizations portation.’’. (4) a section containing the views of the in- for the Office of Commercial Space surance industry on the issues described in SEC. 4. OFFICE OF SPACE COMMERCIALIZATION. Transportation and the Office of Space (a) AUTHORIZATION OF APPROPRIATIONS.— subsection (b); and There are authorized to be appropriated to (5) a section containing views obtained Commercialization, and requires a re- the Secretary of Commerce for the activities from public comment received as a result of port on the objectives, activities and of the Office of Space Commercialization— notice in Commerce Business Daily, the Fed- plans of the Office of Space Commer- (1) $530,000 for fiscal year 2000; eral Register, and appropriate Federal agen- cialization. (2) $550,000 for fiscal year 2001; and cy Internet websites on the issues described In short, this is a straightforward (3) $570,000 for fiscal year 2002. in subsection (b). bill. It only contains, one, the indem- (b) REPORT TO CONGRESS.—Not later than The Secretary of Transportation shall enter nification extension; two, a report on 90 days after the date of the enactment of into appropriate arrangements for a non- how indemnification might be struc- this Act, the Secretary of Commerce shall Federal entity or entities to provide the sec- transmit to the Congress a report on the Of- tions of the report described in paragraphs tured in the future; three, authoriza- fice of Space Commercialization detailing (2), (3), and (4). tions for two small commercial space the activities of the Office, the materials SEC. 7. STUDY OF APPROPRIATIONS IMPACT ON offices; and, four, a section requiring a produced by the Office, the extent to which SPACE COMMERCIALIZATION. GAO report. the Office has fulfilled the functions estab- Within 90 days after the later of the date of I strongly support this bill, and urge lished for it by the Congress, and the extent enactment of this Act or the date of enact- my colleagues to vote in favor of it. to which the Office has participated in inter- ment of the Departments of Veterans Affairs Mr. Speaker, I reserve the balance of agency efforts. and Housing and Urban Development, and Independent Agencies Appropriations Act, my time. SEC. 5. COMMERCIAL SPACE TRANSPORTATION 2000, the Comptroller General, in consulta- Mr. LAMPSON. Mr. Speaker, I yield INDEMNIFICATION EXTENSION. myself such time as I may consume. Section 70113(f) of title 49, United States tion with the Administrator of the National Aeronautics and Space Administration and Mr. Speaker, I want to rise in sup- Code, is amended by striking ‘‘December 31, United States commercial space industry 1999’’ and inserting ‘‘December 31, 2004’’. port of H.R. 2607. As the gentleman providers and customers, shall transmit to from Wisconsin (Chairman SENSEN- SEC. 6. LIABILITY REGIME FOR COMMERCIAL the Congress a report on the impact of that BRENNER) has very eloquently stated, SPACE TRANSPORTATION. appropriations Act on the future develop- (a) REPORT REQUIREMENT.—Not later than ment of the United States commercial space this bill addresses a clear need of the 18 months after the date of the enactment of industry. U.S. commercial space industry. this Act, the Secretary of Transportation The SPEAKER pro tempore. Pursu- A central feature of the bill is a 5- shall transmit to the Congress a report on year extension of the commercial space the liability risk-sharing regime in the ant to the rule, the gentleman from Wisconsin (Mr. SENSENBRENNER) and launch indemnification authority that United States for commercial space trans- has existed in law since 1988. That au- portation. the gentleman from Texas (Mr. (b) CONTENTS.—The report required by this LAMPSON) each will control 20 minutes. thority has established a risk-sharing section shall— The Chair recognizes the gentleman regime between the launch industry (1) analyze the adequacy, propriety, and ef- from Wisconsin (Mr. SENSENBRENNER). and the Federal Government. That in- fectiveness of, and the need for, the current GENERAL LEAVE demnification authority has helped to liability risk-sharing regime in the United Mr. SENSENBRENNER. Mr. Speak- level the international playing field States for commercial space transportation; er, I ask unanimous consent that all with non-U.S. space launch companies (2) examine the current liability and liabil- Members may have 5 legislative days whose governments have provided ity risk-sharing regimes in other countries them with similar risk-sharing ar- with space transportation capabilities; within which to revise and extend their (3) examine whether it is appropriate for remarks on H.R. 2607, as amended. rangements. The provisions have not all space transportation activities to be The SPEAKER pro tempore. Is there cost the U.S. taxpayer a single dollar deemed ‘‘ultrahazardous activities’’ for objection to the request of the gen- since they went into force a decade which a strict liability standard may be ap- tleman from Wisconsin? ago. H9248 CONGRESSIONAL RECORD — HOUSE October 4, 1999 The indemnification authority has these new space transportation tech- I think that these provisions are critical to been renewed once since its initial es- nologies that will keep America the the continued health of the U.S. commercial tablishment, and H.R. 2607 would ex- number one power in commercial space space launch industry, and I urge my col- tend that authority for another 5 as well as the number one power in leagues to support H.R. 2607. years. I believe that extension of the some of the space projects that are Ms. JACKSON-LEE of Texas. Mr. Speaker, indemnification authority is in our Na- being developed for dual use with the I support H.R. 2607, the Commercial Space tion’s best interests, and I urge Mem- Defense Department and NASA as well Transportation Competitiveness Act of 1999. bers to vote to suspend the rules and as in the private sector. This act will further support the development pass the bill. Mr. Speaker, I again thank the gen- of America's commercial space transportation Mr. Speaker, I reserve the balance of tleman from Wisconsin, the chairman industry by bolstering our ability to compete in my time. of the committee, for discharging this the international arena. Mr. SENSENBRENNER. Mr. Speak- bill, and for supporting it, and for the The commercial launch industry has grown er, I yield such time as he may con- leadership he has provided for Amer- tremendously during the last decade. Our na- sume to the gentleman from California ica’s space industry. tion's companies hold close to 50 percent of (Mr. ROHRABACHER). Mr. GORDON. Mr. Speaker, I want to speak the world market share, and most important, (Mr. ROHRABACHER asked and was in support of H.R. 2607. This bill has as its our launch vehicles have a strong reliability given permission to revise and extend central element a provision that would extend record. With the incredible leaps that we have his remarks.) the launch indemnification authority that was experienced in the technology field, the use of Mr. ROHRABACHER. Mr. Speaker, I established in the Commercial Space Launch commercial satellites has increasingly become thank the gentleman from Wisconsin, Act, as amended. That authority established a more and more important. In addition both my friend and chairman of the Com- predictable, well understood risk-sharing re- NASA and the Department of Defense are in- mittee on Science, for discharging H.R. gime that has helped the growth of the U.S. creasingly making use of commercial launch 2607 and bringing it to the floor today. commercial space launch industry over the in- services. Most notable experts predict contin- Mr. Speaker, this legislation is just tervening decade. The provision of limited in- ued growth in the industry. one more thing that this Congress is demnification has long been a cornerstone of As a Member of the House Science Com- doing to respond to the Cox Commit- our nation's approach to preserving a healthy mittee, I attended the hearings that examined tee’s report and strengthen America’s and competitive launch industry. this bill and the barriers to commercial space space transportation industry. This bill However, under the existing statute, these launches. During those hearings, the space authorizes two important offices which provisions will expire at the end of the current transportation industry expressed the opinion regulate and promote this industry and calendar year unless renewed. H.R. 2607 that we could do more. This bill begins to ad- renews commercial launch indem- would extend those provisions for another five dress these concerns and shows the industry nification authority for 5 years beyond years. At our hearings this year, there has that Congress has not lost focus on the bigger picture. its expiration at the end of this year. been a broad consensus on the need to The measure most often mentioned by the America’s space transportation in- renew the indemnification authority. I hope dustry is still in its childhood as far as industry was the extension of the commercial that we will do so today. space launch indemnification provision. Begun maturity goes. It is becoming very dy- In addition to the indemnification extension, in 1988 by an amendment to the Commercial namic. We are now experiencing and the bill contains a number of other provisions Space Launch Act, this measure significantly witnessing many reusable launch as that I am less enthusiastic about. For exam- lowered the barriers to growth in the commer- well as expendable launch vehicles ple, one finding of the bill would limit the De- under development that in the future cial space transportation industry. These partment of Transportation's ability to engage amendments in the wake of the Challenger will serve America well. in non-regulatory activities that have done In the future, I would hope that the disaster put forth a risk-sharing regime. This much to advance the state of the U.S. launch indemnification between the Federal govern- government could shoulder less risk so industry. that the industry is fully motivated to ment and the commercial industry was de- In addition, there are funding levels in the signed to help transition and foster growth invest in more reliable and safe and re- bill for the Department of Transportation's Of- usable launch vehicles. In fact, as the within the commercial industry. fice of Commercial Space Transportation that H.R. 2607 will provide for the extension of reusables that are under development may not be commensurate with the regulatory the Commercial Space Transportation Indem- now and the expendables that are responsibilities that Congress has levied upon nification Extension. In addition, this act is under development now come into fru- that Office. However, since I am confident that asking the Transportation Department to ex- ition, as they are put into practice and those concerns can be addressed in Con- amine and make a determination regarding a they are put into service for the Amer- ference, I did not see any reason to prevent better risk-sharing regime. ican people, we expect these space the bill from being considered on the suspen- This bill is an important step but we need to transportation systems to be developed sion calendar. In my opinion, it is important continue to answer the questions of how the and to be further improved so that in- that we move this bill forward and ensure that federal government can continue to facilitate demnification will not quite be the the launch indemnification authority is re- growth in the commercial industry five to ten issue that it is at this stage in Amer- newed in a timely manner. years from now. As technology continues to ica’s space program. Mr. HALL of Texas. Mr. Speaker, I rise in advance many of our constituents and the in- Furthermore, this legislation sets in support of H.R. 2607. dustries in our districts will want affordable ac- place an independent process to advise The U.S. commercial space launch industry cess to space and in order to further open the the Congress on how the government currently leads the worlds, and we can all be space frontier America needs to have a strong and the private sector should share the proud of that. commercial space transportation industry. risk in space transportation activities At the same time, U.S. companies face Mr. LAMPSON. Mr. Speaker, I have in the future. So we are preparing for tough competition from overseas launch pro- no further requests for time, and I that day when this type of indemnifica- viders. yield back the balance of my time. tion may no longer be necessary. And each of those non-U.S. companies Mr. SENSENBRENNER. Mr. Speak- In particular, we are asking launch have the support of their countries in sharing er, I yield back the balance of my time. companies, their customers and their the risks associated with launching payloads The SPEAKER pro tempore. The insurers as well, to serve and to give us into space. question is on the motion offered by input into how and when we might One of the important ways that we have the gentleman from Wisconsin (Mr. carefully change the current regime. been able to keep the commercial playing field SENSENBRENNER) that the House sus- By renewing the current regime for 5 level is through the indemnification provisions pend the rules and pass the bill, H.R. years and giving industry the oppor- contained in the Commercial Space Launch 2607, as amended. tunity to shape the future, I believe we Act, as amended. The question was taken; and (two- are serving the taxpayers well and giv- Unfortunately, those provisions are set to thirds having voted in favor thereof) ing America’s space transportation expire at the end of this year if they aren't re- the rules were suspended and the bill, companies a stable business environ- newed. as amended, was passed. ment so they can become more com- H.R. 2607 will extend the indemnification A motion to reconsider was laid on petitive and so that they can develop provisions for another five years. the table. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9249 STANISLAUS COUNTY, Members may have 5 legislative days RAIL PASSENGER DISASTER CALIFORNIA, LAND CONVEYANCE within which to revise and extend their FAMILY ASSISTANCE ACT OF 1999 Mr. SENSENBRENNER. Mr. Speak- remarks on H.R. 356, as amended. Mr. PETRI. Mr. Speaker, I move to er, I move to suspend the rules and The SPEAKER pro tempore. Is there suspend the rules and pass the bill pass the bill (H.R. 356) to provide for objection to the request of the gen- (H.R. 2681) to establish a program, co- the conveyance of certain property tleman from Wisconsin? ordinated by the National Transpor- from the United States to Stanislaus There was no objection. tation Safety Board, of assistance to County, California, as amended. Mr. SENSENBRENNER. Mr. Speak- families of passengers involved in rail The Clerk read as follows: er, I yield myself such time as I may passenger accidents. H.R. 356 consume. The Clerk read as follows: Be it enacted by the Senate and House of Mr. Speaker, H.R. 356 requires NASA H.R. 2681 Representatives of the United States of America to convey property at the Ames Re- Be it enacted by the Senate and House of Rep- in Congress assembled, search Center to Stanislaus, California. resentatives of the United States of America in SECTION 1. CONVEYANCE OF PROPERTY. NASA retains the right to use the prop- Congress assembled, As soon as practicable after the date of the erty for aviation activities on mutu- SECTION 1. SHORT TITLE. enactment of this Act, the Administrator of ally acceptable terms. The conveyance This Act may be cited as the ‘‘Rail Pas- the National Aeronautics and Space Admin- does not relieve any Federal agency of senger Disaster Family Assistance Act of istration (in this Act referred to as ‘‘NASA’’) its responsibility for any environ- 1999’’. shall convey to Stanislaus County, Cali- SEC. 2. ASSISTANCE BY NATIONAL TRANSPOR- fornia, all right, title, and interest of the mental remediation of soil, ground- TATION SAFETY BOARD TO FAMI- United States in and to the property de- water, or surface water. LIES OF PASSENGERS INVOLVED IN scribed in section 2. NASA relinquishes legislative juris- RAIL PASSENGER ACCIDENTS. SEC. 2. PROPERTY DESCRIBED. diction over the property to the State (a) IN GENERAL.—Subchapter III of chapter The property to be conveyed pursuant to of California. Any additional terms 11 of title 49, United States Code, is amended section 1 is— may be negotiated by the NASA Ad- by adding at the end the following: (1) the approximately 1528 acres of land in ministrator to protect the interests of ‘‘§ 1137. Assistance to families of passengers Stanislaus County, California, known as the involved in rail passenger accidents the United States. NASA Ames Research Center, Crows Landing ‘‘(a) IN GENERAL.—As soon as practicable Facility (formerly known as the Naval Aux- The bill is sponsored by the gen- after being notified of a rail passenger acci- iliary Landing Field, Crows Landing); tleman from California (Mr. CONDIT). dent within the United States involving a (2) all improvements on the land described Last Congress, the Committee on rail passenger carrier and resulting in a in paragraph (1); and Science supported this bill; and the major loss of life, the Chairman of the Na- (3) any other Federal property that is— House passed it. I urge my colleagues tional Transportation Safety Board shall— (A) under the jurisdiction of NASA; to support this bill. ‘‘(1) designate and publicize the name and (B) located on the land described in para- Mr. Speaker, I reserve the balance of phone number of a director of family support graph (1); and my time. services who shall be an employee of the (C) designated by NASA to be transferred Mr. LAMPSON. Mr. Speaker, I yield Board and shall be responsible for acting as to Stanislaus County, California. a point of contact within the Federal Gov- SEC. 3. TERMS. myself such time as I may consume. ernment for the families of passengers in- (a) CONSIDERATION.—The conveyance re- Mr. Speaker, I want to speak in sup- volved in the accident and a liaison between quired by section 1 shall be without consider- port of H.R. 356. This bill was intro- the rail passenger carrier and the families; ation other than that required by this sec- duced by the gentleman from Cali- and tion. fornia (Mr. CONDIT). It has been favor- ‘‘(2) designate an independent nonprofit or- (b) ENVIRONMENTAL REMEDIATION.—(1) The ably reported by the Subcommittee on ganization, with experience in disasters and conveyance required by section 1 shall not Space. posttrauma communication with families, relieve any Federal agency of any responsi- Basically, the bill would convey a which shall have primary responsibility for bility under law, policy, or Federal inter- coordinating the emotional care and support agency agreement for any environmental re- piece of excess property currently of the families of passengers involved in the mediation of soil, groundwater, or surface owned by NASA to Stanislaus County, accident. water. California. The property was pre- ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The (2) Any remediation of contamination, viously owned by the Navy and then Board shall have primary Federal responsi- other than that described in paragraph (1), transferred to NASA. NASA currently bility for— within or related to structures or fixtures on ‘‘(1) facilitating the recovery and identi- the property described in section 2 shall be has no use for the property. This bill does, however, make provision for fication of fatally injured passengers in- subject to negotiation to the extent per- volved in an accident described in subsection mitted by law. NASA to retain the right to use the (a); and (c) RETAINED RIGHT OF USE.—NASA shall property for aviation activities under ‘‘(2) communicating with the families of retain the right to use for aviation activi- terms and conditions mutually accept- passengers involved in the accident as to the ties, without consideration and on other able to NASA and to the county. In ad- roles of— terms and conditions mutually acceptable to dition, it should be noted that the con- ‘‘(A) the organization designated for an ac- NASA and Stanislaus County, California, the veyance does not relieve the Federal cident under subsection (a)(2); property described in section 2. ‘‘(B) government agencies; and (d) RELINQUISHMENT OF LEGISLATIVE JURIS- Government of any responsibility for any environmental remediation. ‘‘(C) the rail passenger carrier involved, DICTION.—NASA shall relinquish, to the with respect to the accident and the post-ac- State of California, legislative jurisdiction This is a straightforward piece of leg- cident activities. over the property conveyed pursuant to sec- islation. I urge my colleagues to sus- ‘‘(c) RESPONSIBILITIES OF DESIGNATED OR- tion 1— pend the rules and pass the bill. GANIZATION.—The organization designated (1) by filing a notice of relinquishment Mr. Speaker, I have no further re- for an accident under subsection (a)(2) shall with the Governor of California, which shall quests for time, and I yield back the have the following responsibilities with re- take effect upon acceptance thereof; or spect to the families of passengers involved (2) in any other manner prescribed by the balance of my time. Mr. SENSENBRENNER. Mr. Speak- in the accident: laws of California. ‘‘(1) To provide mental health and coun- (e) ADDITIONAL TERMS.—The Administrator er, I yield back the balance of my time. seling services, in coordination with the dis- of NASA may negotiate additional terms to The SPEAKER pro tempore. The aster response team of the rail passenger protect the interests of the United States. question is on the motion offered by carrier involved. The SPEAKER pro tempore. Pursu- the gentleman from Wisconsin (Mr. ‘‘(2) To take such actions as may be nec- ant to the rule, the gentleman from SENSENBRENNER) that the House sus- essary to provide an environment in which Wisconsin (Mr. SENSENBRENNER) and pend the rules and pass the bill, H.R. the families may grieve in private. the gentleman from Texas (Mr. 356, as amended. ‘‘(3) To meet with the families who have traveled to the location of the accident, to LAMPSON) each will control 20 minutes. The question was taken; and (two- The Chair recognizes the gentleman thirds having voted in favor thereof) contact the families unable to travel to such location, and to contact all affected families from Wisconsin (Mr. SENSENBRENNER). the rules were suspended and the bill, periodically thereafter until such time as GENERAL LEAVE as amended, was passed. the organization, in consultation with the Mr. SENSENBRENNER. Mr. Speak- A motion to reconsider was laid on director of family support services des- er, I ask unanimous consent that all the table. ignated for the accident under subsection H9250 CONGRESSIONAL RECORD — HOUSE October 4, 1999 (a)(1), determines that further assistance is on the date of the accident. The director of ‘‘(1) A plan for publicizing a reliable, toll- no longer needed. family support services designated for the free telephone number, and for providing ‘‘(4) To arrange a suitable memorial serv- accident under subsection (a)(1) may extend staff, to handle calls from the families of the ice, in consultation with the families. such period for not to exceed an additional 30 passengers. ‘‘(d) PASSENGER LISTS.— days if the director determines that the ex- ‘‘(2) A process for notifying the families of ‘‘(1) REQUESTS FOR PASSENGER LISTS.— tension is necessary to meet the needs of the the passengers, before providing any public ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUP- families and if State and local authorities notice of the names of the passengers, either PORT SERVICES.—It shall be the responsibility are notified of the determination. by utilizing the services of the organization of the director of family support services ‘‘(h) DEFINITIONS.—In this section, the fol- designated for the accident under section designated for an accident under subsection lowing definitions apply: 1137(a)(2) of this title or the services of other (a)(1) to request, as soon as practicable, from ‘‘(1) RAIL PASSENGER ACCIDENT.—The term suitably trained individuals. the rail passenger carrier involved in the ac- ‘rail passenger accident’ means any rail pas- ‘‘(3) An assurance that the notice described cident a list, which is based on the best senger disaster occurring in the provision in paragraph (2) will be provided to the fam- available information at the time of the re- of— ily of a passenger as soon as the rail pas- quest, of the names of the passengers that ‘‘(A) interstate intercity rail passenger senger carrier has verified that the passenger were aboard the rail passenger carrier’s train transportation (as such term is defined in was aboard the train (whether or not the involved in the accident. A rail passenger section 24102); or names of all of the passengers have been carrier shall use reasonable efforts, with re- ‘‘(B) interstate or intrastate high-speed verified) and, to the extent practicable, in spect to its unreserved trains, and pas- rail (as such term is defined in section 26105) person. sengers not holding reservations on its other transportation, ‘‘(4) An assurance that the rail passenger trains, to ascertain the names of passengers regardless of its cause or suspected cause. carrier will provide to the director of family aboard a train involved in an accident. ‘‘(2) RAIL PASSENGER CARRIER.—The term support services designated for the accident ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA- ‘rail passenger carrier’ means a rail carrier under section 1137(a)(1) of this title, and to TION.—The organization designated for an ac- providing— the organization designated for the accident cident under subsection (a)(2) may request ‘‘(A) interstate intercity rail passenger under section 1137(a)(2) of this title, imme- from the rail passenger carrier involved in transportation (as such term is defined in diately upon request, a list (which is based the accident a list described in subparagraph section 24102); or on the best available information at the time (A). ‘‘(B) interstate or intrastate high-speed of the request) of the names of the pas- ‘‘(2) USE OF INFORMATION.—The director of rail (as such term is defined in section 26105) sengers aboard the train (whether or not family support services and the organization transportation, such names have been verified), and will pe- may not release to any person information except that such term shall not include a riodically update the list. The plan shall in- on a list obtained under paragraph (1) but tourist, historic, scenic, or excursion rail clude a procedure, with respect to unreserved may provide information on the list about a carrier. trains and passengers not holding reserva- passenger to the family of the passenger to ‘‘(3) PASSENGER.—The term ‘passenger’ tions on other trains, for the rail passenger the extent that the director of family sup- includes— carrier to use reasonable efforts to ascertain port services or the organization considers ‘‘(A) an employee of a rail passenger car- the names of passengers aboard a train in- appropriate. rier aboard a train; volved in an accident. ‘‘(e) CONTINUING RESPONSIBILITIES OF THE ‘‘(B) any other person aboard the train ‘‘(5) An assurance that the family of each BOARD.—In the course of its investigation of without regard to whether the person paid passenger will be consulted about the dis- an accident described in subsection (a), the for the transportation, occupied a seat, or position of all remains and personal effects Board shall, to the maximum extent prac- held a reservation for the rail transpor- of the passenger within the control of the ticable, ensure that the families of pas- tation; and rail passenger carrier. sengers involved in the accident— ‘‘(C) any other person injured or killed in ‘‘(6) An assurance that if requested by the ‘‘(1) are briefed, prior to any public brief- the accident. family of a passenger, any possession of the ing, about the accident and any other find- ‘‘(i) LIMITATION ON STATUTORY CONSTRUC- passenger within the control of the rail pas- ings from the investigation; and TION.—Nothing in this section may be con- senger carrier (regardless of its condition) ‘‘(2) are individually informed of and al- strued as limiting the actions that a rail pas- will be returned to the family unless the pos- lowed to attend any public hearings and senger carrier may take, or the obligations session is needed for the accident investiga- meetings of the Board about the accident. that a rail passenger carrier may have, in tion or any criminal investigation. ‘‘(f) USE OF RAIL PASSENGER CARRIER RE- providing assistance to the families of pas- ‘‘(7) An assurance that any unclaimed pos- SOURCES.—To the extent practicable, the or- sengers involved in a rail passenger acci- session of a passenger within the control of ganization designated for an accident under dent.’’. the rail passenger carrier will be retained by subsection (a)(2) shall coordinate its activi- (b) CONFORMING AMENDMENT.—The table of the rail passenger carrier for at least 18 ties with the rail passenger carrier involved sections for such chapter is amended by in- months. in the accident to facilitate the reasonable serting after the item relating to section 1136 ‘‘(8) An assurance that the family of each use of the resources of the carrier. the following: passenger or other person killed in the acci- ‘‘(g) PROHIBITED ACTIONS.— ‘‘1137. Assistance to families of passengers dent will be consulted about construction by ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No involved in rail passenger acci- the rail passenger carrier of any monument person (including a State or political sub- dents.’’. to the passengers, including any inscription division) may impede the ability of the SEC. 3. RAIL PASSENGER CARRIER PLANS TO AD- on the monument. Board (including the director of family sup- DRESS NEEDS OF FAMILIES OF PAS- ‘‘(9) An assurance that the treatment of port services designated for an accident SENGERS INVOLVED IN RAIL PAS- the families of nonrevenue passengers will be under subsection (a)(1)), or an organization SENGER ACCIDENTS. the same as the treatment of the families of designated for an accident under subsection (a) IN GENERAL.—Part C of subtitle V of revenue passengers. (a)(2), to carry out its responsibilities under title 49, United States Code, is amended by ‘‘(10) An assurance that the rail passenger this section or the ability of the families of adding at the end the following new chapter: carrier will work with any organization des- passengers involved in the accident to have ‘‘CHAPTER 251—FAMILY ASSISTANCE ignated under section 1137(a)(2) of this title contact with one another. ‘‘Sec. on an ongoing basis to ensure that families ‘‘(2) UNSOLICITED COMMUNICATIONS.—No un- ‘‘25101. Plans to address needs of families of of passengers receive an appropriate level of solicited communication concerning a poten- passengers involved in rail pas- services and assistance following each acci- tial action for personal injury or wrongful senger accidents. dent. death may be made by an attorney (includ- ‘‘§ 25101. Plans to address needs of families ‘‘(11) An assurance that the rail passenger ing any associate, agent, employee, or other of passengers involved in rail passenger ac- carrier will provide reasonable compensation representative of an attorney) or any poten- cidents to any organization designated under section tial party to the litigation to an individual 1137(a)(2) of this title for services provided by ‘‘(a) SUBMISSION OF PLANS.—Not later than (other than an employee of the rail pas- 6 months after the date of the enactment of the organization. senger carrier) injured in the accident, or to this section, each rail passenger carrier shall ‘‘(12) An assurance that the rail passenger a relative of an individual involved in the ac- submit to the Secretary of Transportation carrier will assist the family of a passenger cident, before the 45th day following the date and the Chairman of the National Transpor- in traveling to the location of the accident of the accident. tation Safety Board a plan for addressing the and provide for the physical care of the fam- ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT needs of the families of passengers involved ily while the family is staying at such loca- MENTAL HEALTH AND COUNSELING SERVICES.— in any rail passenger accident involving a tion. No State or political subdivision may pre- train of the rail passenger carrier and result- ‘‘(13) An assurance that the rail passenger vent the employees, agents, or volunteers of ing in a major loss of life. carrier will commit sufficient resources to an organization designated for an accident ‘‘(b) CONTENTS OF PLANS.—A plan to be carry out the plan. under subsection (a)(2) from providing men- submitted by a rail passenger carrier under ‘‘(14) An assurance that the rail passenger tal health and counseling services under sub- subsection (a) shall include, at a minimum, carrier will provide adequate training to the section (c)(1) in the 30-day period beginning the following: employees and agents of the carrier to meet October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9251 the needs of survivors and family members b 1430 The SPEAKER pro tempore. Is there following an accident. objection to the request of the gen- ‘‘(15) An assurance that, upon request of Legislation is not based on any par- ticular deficiencies in Amtrak’s deal- tleman from Wisconsin? the family of a passenger, the rail passenger There was no objection. carrier will inform the family of whether the ing with accident victims. In fact, Am- passenger’s name appeared on any prelimi- trak already has begun to adopt many f nary passenger manifest for the train in- of the procedures contained in this bill. CONGRATULATING THE AMERICAN volved in the accident. Rather, we want to have in place a set PUBLIC TRANSIT ASSOCIATION ‘‘(c) LIMITATION ON LIABILITY.—A rail pas- of proven procedures for any and all fu- senger carrier shall not be liable for damages FOR 25 YEARS OF COMMEND- ture providers of interstate intercity ABLE SERVICE TO THE TRANSIT in any action brought in a Federal or State rail services and of high-speed rail court arising out of the performance of the INDUSTRY AND THE NATION rail passenger carrier in preparing or pro- service. The 1997 Amtrak Reform and Ac- Mr. PETRI. Mr. Speaker, I move to viding a passenger list, or in providing infor- suspend the rules and agree to the con- mation concerning a train reservation, pur- countability Act ended Amtrak’s suant to a plan submitted by the rail pas- former statutory monopoly of intercity current resolution (H. Con. Res. 171) senger carrier under subsection (b), unless rail passenger service, and allowed the congratulating the American Public such liability was caused by conduct of the States to choose alternative operators. Transit Association for 25 years of rail passenger carrier which was grossly neg- Since that law was enacted, a num- commendable service to the transit in- ligent or which constituted intentional mis- ber of States have begun efforts to dustry and the Nation. conduct. launch new conventional or high-speed The Clerk read as follows: ‘‘(d) DEFINITIONS.—In this section— H. CON. RES. 171 ‘‘(1) the terms ‘rail passenger accident’ and rail passenger service. Therefore, we ‘rail passenger carrier’ have the meanings need to be prepared for a future of mul- Whereas public transportation is a funda- such terms have in section 1137 of this title; tiple rail passenger service providers. mental public service and an integral compo- and This is highly effective and cost-con- nent of the Nation’s surface transportation ‘‘(2) the term ‘passenger’ means a person scious legislation. It builds on proven infrastructure; Whereas public transportation service re- aboard a rail passenger carrier’s train that is experience under the counterpart avia- involved in a rail passenger accident. sults in productive jobs for the Nation’s tion law, and like that law, relies heav- workers and provides broad support for busi- ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- ily on private, nonprofit organizations ness and economic growth; TION.—Nothing in this section may be con- strued as limiting the actions that a rail pas- with a minimum of costs to our gov- Whereas public transportation provides senger carrier may take, or the obligations ernment. safe and efficient mobility for millions of that a rail passenger carrier may have, in The NTSB, for example, already has people in the United States each day; providing assistance to the families of pas- staff in place who deal with accident Whereas the American Public Transit As- sengers involved in a rail passenger acci- situations and relations with victims sociation was established in 1974 to promote dent.’’. and advance knowledge in all matters relat- and with their families. ing to public transportation; and (b) CONFORMING AMENDMENT.—The table of Mr. Speaker, I urge that this legisla- Whereas, during a period of remarkable re- chapters for subtitle V of title 49, United tion be approved, and I reserve the bal- surgence in public transportation, the Amer- States Code, is amended by adding after the ance of my time. ican Public Transit Association has provided item relating to chapter 249 the following a quarter of a century of service to the Na- new item: The SPEAKER pro tempore (Mr. MIL- LER of Florida). The gentleman from tion as the professional association rep- ‘‘251. FAMILY ASSISTANCE ...... 25101’’. West Virginia (Mr. RAHALL) is recog- resenting the transit industry: Now, there- The SPEAKER pro tempore. Pursu- nized to control the 20 minutes of time fore, be it ant to the rule, the gentleman from Resolved by the House of Representatives (the for the minority party. Senate concurring), That Congress congratu- Wisconsin (Mr. PETRI) and the gen- Mr. RAHALL. Mr. Speaker, I yield lates the American Public Transit Associa- tleman from Texas (Mr. LAMPSON) each myself such time as I may consume. tion for 25 years of commendable service to will control 20 minutes. Mr. Speaker, the gentleman from the transit industry and the Nation. The Chair recognizes the gentleman Wisconsin (Mr. PETRI) has explained The SPEAKER pro tempore. Pursu- from Wisconsin (Mr. PETRI). the nature of the pending measure. I ant to the rule, the gentleman from Mr. PETRI. Mr. Speaker, I yield my- would simply note that it is an impor- Wisconsin (Mr. PETRI) and the gen- self such time as I may consume. tant one because it recognizes the tleman from West Virginia (Mr. RA- Mr. Speaker, I rise in support of the human pain and suffering associated HALL) each will control 20 minutes. bill before us, H.R. 2681, the Rail Pas- with severe injury and loss of life that The Chair recognizes the gentleman senger Disaster Family Assistance Act. unfortunately does occur at times in from Wisconsin (Mr. PETRI). This is a bipartisan measure, and it is passenger rail service, so I urge the Mr. PETRI. Mr. Speaker, I yield my- the product of diligent efforts by our adoption of the pending measure. self such time as I may consume. committee chairman, the gentleman Mr. Speaker, I yield back the balance Mr. Speaker, I am pleased to have from Pennsylvania (Mr. SHUSTER) the of my time. this opportunity today to bring this committee’s ranking member, the gen- Mr. PETRI. Mr. Speaker, I have no concurrent resolution to the floor of tleman from Minnesota (Mr. OBER- further requests for time, and I yield our House. House Concurrent Resolu- STAR), and the Subcommittee on back the balance of my time. tion 171 congratulates the American Ground Transportation’s ranking mem- The SPEAKER pro tempore. The Public Transit Association on its up- ber, the gentleman from West Virginia question is on the motion offered by coming 25th anniversary. (Mr. RAHALL). I commend all of these the gentleman from Wisconsin (Mr. APTA was formed on October 17, 1974, gentleman. PETRI) that the House suspend the when the American Transit Associa- Mr. Speaker, this bipartisan bill is rules and pass the bill, H.R. 2681. tion and the Institute for Rapid Tran- closely patterned on similar aviation The question was taken; and (two- sit were merged. Today APTA has over legislation which the Congress enacted thirds having voted in favor thereof), 1,200 members, including bus, rapid after the TWA 800 crash in 1996. This the rules were suspended and the bill transit, and commuter rail systems, as bill sets up a basic procedural frame- was passed. well as transit suppliers, government work for giving timely information to A motion to reconsider was laid on agencies, State Departments of Trans- rail accident victims and their families the table. portation, academic institutions, and and for dealing sensitively with the f trade publications. families. In 1997, there were 8.6 billion transit The bill puts the National Transpor- GENERAL LEAVE trips in the United States. Ninety per- tation Safety Board in the role of the Mr. PETRI. Mr. Speaker, I ask unani- cent of these trips occurred on transit central coordinator, but relies heavily mous consent that all Members may systems that are APTA members. on private nonprofit organizations to have 5 legislative days within which to APTA has been a strong advocate for handle much of the direct dealings revise and extend their remarks on transit issues in our Nation’s capital, with victims and with their families. H.R. 2681, the bill just passed. as well as a resource for information H9252 CONGRESSIONAL RECORD — HOUSE October 4, 1999 and education for its member organiza- ginning to be called at that time, and D.C., moves three or four times as tions. this small step forward was seen as an many people on a daily basis. I am pleased to have this opportunity important landmark for urban Amer- We can do better, and in TEA–21 our to recognize APTA’s efforts today. ica. committee, with the support of the Mr. Speaker, I urge my colleagues to Not that transit had just been discov- gentleman from Pennsylvania (Mr. support House Concurrent Resolution ered by the Federal Government in SHUSTER), made the investments nec- 171, and I reserve the balance of my 1964. In fact, the first transit system essary to carry America into the 21st time. was actually a ferry, the Boston ferry, century, to balance transportation. Mr. RAHALL. Mr. Speaker, I yield in the 1600s. I think the exact time was There is an 80–20 split. Eighty percent myself such time as I may consume. 1630 when it began its operations. The of the bill goes to highways, 20 percent Mr. Speaker, as we congratulate longest continually operating transit to transit, and we continue the growth APTA on its 25 years of service, I system in America is the St. Charles of investment in transit systems as would note that while the large transit Line in New Orleans. well as in commuter rail, in light rail systems such as Washington Metro and In fact, the St. Charles Line began in systems. BART often attract the most atten- 1835, and runs in front of my wife’s In celebrating the 25th anniversary of tion, the backbone of public transpor- family home in New Orleans, which is the American Public Transit Associa- tation in this country is still the pro- also the site of the annual Mardi Gras tion, we are also celebrating the viders in small communities and rural festival. The St. Charles Line con- progress that we have made in improv- areas. tinues to operate today with upgrades ing transit systems, making them On a daily basis in small commu- and with improvements and with each more affordable, making them higher nities across our country, many Ameri- of the cars filled with travelers, with- quality, making them available to cans rely on their local bus systems, out which people would not be able to more people, and in the welfare-to- such as what we have in Huntington, get to work, people would not be able work provisions of TEA–21, we passed West Virginia, for their transportation to hold jobs, people would not be able another historic milestone. needs. Indeed, the Tri-State Transit to have affordable transportation in It is not enough to say we have ended Authority is a shining example of what this city that is so clogged with traffic welfare. It is more important to say we makes transit so important in this because of the nature of the city have also provided access to jobs for country, and is one of the reasons why streets and the nature of the layout of people. My daughter, Annie, works at we are commending APTA today. the community. Jubilee Jobs in the Adams Morgan area I would also be remiss if I did not Over the years our committee, then of Washington, where she places people note that another reason why we the Committee on Public Works and who have fallen through the welfare should be honoring public transpor- Transportation, now the Committee on net, who are living in homeless shel- tation today is the strong presence of Transportation and Infrastructure, has ters, who come into Jubilee Jobs in the Amalgamated Transit Union. This continued to support and widen the their location in Adams Morgan need- organization represents the vast major- role and widen the public support for ing work. The biggest problem is not ity of transit workers who daily oper- transit. finding the job, but marrying the per- ate the trains and buses which get peo- Last year Americans made 8.7 billion son and the job with a means to get to ple to and from work in a safe manner trips on transit. About a fourth of work. The job is meaningless if you do and their leisure pursuits, as well, and those took place in New York City. The not have money in your pocket, if you their contribution to public transpor- New York City transit system carries do not have a way to get to work. We tation is also being commended today. 2.2 billion passengers a year. Without provided that linkage in the welfare- I urge the adoption of the pending transit in New York and Northern New to-work provisions of TEA–21. We have made a great start on the resolution, Mr. Speaker. Jersey, the area would need 10,400 21st century. APTA has helped us get Mr. Speaker, I yield such time as he miles of four-lane highway, which of there. This legislation, TEA–21, has may consume to the gentleman from course is impossible in New York City, moved us forward, and with this resolu- Minnesota (Mr. OBERSTAR), the ranking it could not be done. And even then, if tion today we recognize not only the member of the Committee on Trans- we could build all that highway, we 25th anniversary of APTA, but we rec- portation and Infrastructure. would still be able to carry only one- ognize the enormous contributions Mr. OBERSTAR. Mr. Speaker, I third of the passengers that are carried that public transit is making in the thank the gentleman for yielding time by transit in New York City. quality of life of all Americans, par- to me. So let us recognize here not just the ticularly those neediest among us who I want to congratulate the sub- 25th anniversary of APTA, formed 10 have to rely on public transportation committee on moving this legislation, years after President Johnson signed systems to get to their work. and express my appreciation to the UMTA, the Urban Mass Transportation Mr. RAHALL. Mr. Speaker, I yield gentleman from Pennsylvania (Mr. Act, into law, but let us recognize in so back the balance of my time. SHUSTER), for moving the bill, the gen- doing the extraordinarily critical role Mr. PETRI. Mr. Speaker, I yield back tleman from Wisconsin (Chairman that urban transit systems play in the the balance of my time. PETRI), and the ranking member, the lifeblood of America’s great metropoli- The SPEAKER pro tempore. The gentleman from West Virginia (Mr. RA- tan areas: affordable, high-quality al- question is on the motion offered by HALL), for their support in recognizing ternative transportation choices for the gentleman from Wisconsin (Mr. the American Public Transit Associa- commuters, for people visiting cities, PETRI) that the House suspend the tion on its silver anniversary year. reducing congestion and improving rules and agree to the concurrent reso- Mr. Speaker, it may seem unusual to travel time for motorists, reducing air lution, House Concurrent Resolution be recognizing an organization of this pollution, enhancing the quality of life 171. nature on the House floor. Yet, there is in neighborhoods. The question was taken; and (two- nothing more important for the Here in our Nation’s Capitol, the thirds having voted in favor thereof) growth, strength, and quality of life in Metro system has meant vast improve- the rules were suspended and the con- urban America than public transit. ment in air quality and in access for current resolution was agreed to. I can remember very vividly as a jun- welfare-to-work, for people who live in A motion to reconsider was laid on ior staff member at the time in July, poor neighborhoods to get to the jobs the table. 1964, when President Johnson, on July that are necessary for their livelihood. f 9, to be exact, signed into law the We could do better. We could do as Urban Mass Transportation Act of that the metro system does in Paris, which GENERAL LEAVE year. It was seen as an historic piece of moves far greater numbers of people, Mr. PETRI. Mr. Speaker, I ask unani- legislation. It was the first time that and of course, that is a 9 million popu- mous consent that all Members may the Federal Government had actually lation metropolitan area. But the Paris have 5 legislative days within which to recognized the role of public transpor- metro system, for less than half the revise and extend their remarks on tation, transit, as it was called, or be- cost of monthly transit in Washington, House Concurrent Resolution 171. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9253 The SPEAKER pro tempore. Is there House to seek an extension of these the rules were suspended and the Sen- objection to the request of the gen- benefits. ate bill was passed. tleman from Wisconsin? Now, we are in a position where the A motion to reconsider was laid on There was no objection. Senate acted in a little different way the table. f from the way we had on the number of f b months of extension. The current form, 1445 the one that is before us now, the Sen- U.S. HOLOCAUST ASSETS COMMIS- EXTENDING CHAPTER 12 OF THE ate version extends that period from SION EXTENSION ACT OF 1999 BANKRUPTCY CODE FOR 9 October 1 for 9 months. That is why we Mr. LAZIO. Mr. Speaker, I move to MONTHS are here. suspend the rules and pass the bill (H. Mr. GEKAS. Mr. Speaker, I move to The bill that we passed was less than R. 2401) to amend the U.S. Holocaust suspend the rules and pass the Senate 9 months. The Senate made it 9 Assets Commission Act of 1998 to ex- bill (S. 1606) to extend for 9 additional months. We will concur in the Senate tend the period by which the final re- months the period for which chapter 2 amendment and, thus, ask for passage port is due and to authorize additional of title 11, United States Code, is reen- of this legislation. funding. acted. Mr. Speaker, I reserve the balance of The Clerk read as follows: The Clerk read as follows: my time. H.R. 2401 Ms. BALDWIN. Mr. Speaker, I yield S. 1606 Be it enacted by the Senate and House of myself such time as I may consume. Representatives of the United States of America Be it enacted by the Senate and House of Mr. Speaker, it feels like deja vu all Representatives of the United States of America in Congress assembled, in Congress assembled, over again. Just 1 week ago, I was on SECTION 1. SHORT TITLE. the floor reluctantly supporting a 3- SECTION 1. AMENDMENTS. This Act may be cited as the ‘‘U.S. Holo- Section 149 of title I of division C of Public month extension of the Chapter 12 caust Assets Commission Extension Act of Law 105–277, as amended by Public Law 106– bankruptcy title for family farmers. I 1999’’. 5, is amended— did not particularly like last week’s SEC. 2. AMENDMENTS TO THE U.S. HOLOCAUST (1) by striking ‘‘October 1, 1999’’ each place bill because it would have allowed ASSETS COMMISSION ACT OF 1998. it appears and inserting ‘‘July 1, 2000’’; and Chapter 12 to expire so soon, on Janu- (a) EXTENSION OF TIME FOR FINAL RE- (2) in subsection (a)— ary 1, the year 2000. PORT.—Section 3(d)(1) of the U.S. Holocaust (A) by striking ‘‘March 31, 1999’’ and insert- I knew that Congress would have to Assets Commission Act of 1998 (22 U.S.C. 1621 ing ‘‘September 30, 1999’’; and come back again this session before we nt.) is amended by striking ‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’. (B) by striking ‘‘April 1, 1999’’ and insert- adjourned for the year to ensure that ing ‘‘October 1, 1999’’. (b) REAUTHORIZATION OF APPROPRIATIONS.— the bankruptcy protection in the form SEC. 2. EFFECTIVE DATE. Section 9 of the U.S. Holocaust Assets Com- of Chapter 12 was continued. But I sup- The amendments made by section 1 shall mission Act of 1998 (22 U.S.C. 1621 nt.) is take effect on October 1, 1999. ported it because, otherwise, Chapter amended— 12 would have expired on October 1, (1) by striking ‘‘$3,500,000’’ and inserting The SPEAKER pro tempore (Mr. MIL- last Friday. ‘‘$6,000,000’’; and LER of Florida). Pursuant to the rule, Well, guess what? Chapter 12 did ex- (2) by striking ‘‘1999, and 2000,’’ and insert- the gentleman from Pennsylvania (Mr. pire last Friday. That means that, if a ing ‘‘1999, 2000, and 2001,’’. GEKAS) and the gentlewoman from Wis- family farmer in my State of Wis- The SPEAKER pro tempore. Pursu- consin (Ms. BALDWIN) each will control consin or, for that matter, anywhere in ant to the rule, the gentleman from 20 minutes. the United States needs the protection New York (Mr. LAZIO) and the gen- The Chair recognizes the gentleman of Chapter 12 today, they do not have tleman from New York (Mr. LAFALCE) from Pennsylvania (Mr. GEKAS). it. The law has expired. each will control 20 minutes. GENERAL LEAVE The other body realized that a 3- The Chair recognizes the gentleman Mr. GEKAS. Mr. Speaker, I ask unan- month extension that this House ap- from New York (Mr. LAZIO). imous consent that all Members may proved was not prudent and passed a 9- Mr. LAZIO. Mr. Speaker, I yield my- have 5 legislative days within which to month extension that we have before self such time as I may consume. revise and extend their remarks and in- us today. Mr. Speaker, I rise today to offer the clude extraneous material on the Sen- So once again, I come to the floor U.S. Holocaust Assets Commission Ex- ate bill, S. 1606. wishing we were doing a little more to tension Act of 1999. This bill amends The SPEAKER pro tempore. Is there provide a safety net for our family the U.S. Holocaust Assets Commission objection to the request of the gen- farmers. While this bill provides a 9- Act of 1998 to extend the life of the tleman from Pennsylvania? month extension of Chapter 12 bank- commission for 1 year and authorize it There was no objection. ruptcy protection for family farmers, it to receive additional funding. As a Mr. GEKAS. Mr. Speaker, I yield my- still does not give our family farmers a member of the commission, I can say self such time as I may consume. permanent law on which they can rely with confidence that this is a bill that Mr. Speaker, the record is complete to protect their farm in the most dire ought to be passed unanimously. on the necessity for the passage of this economic circumstances. Mr. Speaker, the horrors of the Holo- bill because only last week we gave the I ask the Republican leadership to caust are well known, 6 million Jews rationale for the need for quick action stop holding family farmers hostage to murdered, along with millions of oth- on this piece of legislation. negotiations with the other body on ers deemed undesirable by Adolph Hit- On October 1, the authority for fam- other matters. The family farmers I ler and his followers. What many do ily farmers to file for bankruptcy represent need the help of this Con- not now, however, is that the Holo- under Chapter 12, a separate and gress more than the bankers and the caust was also the single largest orga- unique set of provisions to accommo- credit card corporations on whose be- nized theft in history. The Nazis stole, date the special and unique needs of half we delay making Chapter 12 a per- plundered, and looted billions of dol- farmers in distress, ran out of author- manent part of our Federal code. lars of assets. A half century later, we ity. Ms. BALDWIN. Mr. Speaker, I yield are still looking for full accounting. It had been extended over a period of back the balance of my time. Though we can never right all the time in temporary chunks of time be- Mr. GEKAS. Mr. Speaker, I yield monstrous wrongs that took place dur- cause, in reality, the bankruptcy re- back the balance of my time. ing the Holocaust, we have an obliga- form movement has encompassed The SPEAKER pro tempore. The tion to find out what happened. We Chapter 12, the special provisions, and question is on the motion offered by have an obligation to do what we can included in them a comprehensive the gentleman from Pennsylvania (Mr. to bring a measure of justice to the vic- bankruptcy reform in which this spe- GEKAS) that the House suspend the tims of the Holocaust and their fami- cial set of provisions, as I have stated, rules and pass the Senate bill, S. 1606. lies. will become permanent. We would not The question was taken; and (two- In some cases, justice can, indeed, be have to ever return to the well of the thirds having voted in favor thereof) done. This past summer, for example, H9254 CONGRESSIONAL RECORD — HOUSE October 4, 1999

‘‘The Seamstress,’’ a painting by Less- self and my colleagues on the Commis- Iowa (Mr. LEACH), for conducting hear- er Ury, was turned over to Michael sion, including the gentleman from ings and his tenacity in seeking jus- Loewenthal, whose grandparents were New York (Mr. GILMAN); the gentleman tice. murdered during the Holocaust. from Connecticut (Mr. MALONEY); and Mr. Speaker, I reserve the balance of It turns out that a friend of Mr. the gentleman from California (Mr. my time. Loewenthal’s spotted the painting SHERMAN) introduced the Holocaust As- Mr. LAFALCE. I yield myself such hanging in a museum in Linz, Austria, sets Commission Extension Act along time as I may consume. and realized it had once been part of with the gentleman from Iowa (Mr. (Mr. LAFALCE asked and was given the Loewenthal family collection. LEACH), the chairman of the Com- permission to revise and extend his re- When Mr. Loewenthal learned of the mittee on Banking and Financial Serv- marks.) painting’s location, he contacted the ices and a man who has led the way on Mr. LAFALCE. Mr. Speaker, I rise New York State Holocaust Claims Res- this issue; and as well, my friend, the today in support of H.R. 2401, a bill titution Office in New York City, gentleman from New York (Mr. LA- that would extend the life of a commis- which initiated negotiations on behalf FALCE), the ranking member on the sion charged with the important re- of the Loewenthal family. Eventually full panel. This measure simply ex- sponsibility of recommending to the the Linz City Council voted unani- tends the sunset date of the Commis- President the appropriate course of ac- mously to return the painting. sion to December 2000 and authorizes it tion on the recovery of Holocaust-era When he received the painting in to receive additional funding. assets to their rightful heirs. July, Mr. Loewenthal was overjoyed. The effort to create the Holocaust We have had a number of committee He called the returned painting ‘‘abso- Assets Commission last year was a bi- hearings and have learned from those lutely fantastic, the only link that I partisan one, and the effort to extend hearings that the more we exhume the have to my grandparents.’’ its life is as well. There are no partisan horrors of the Holocaust, the more we But for every story like this one, Mr. differences when it comes to honoring learn about the need to do more to re- Speaker, there are hundreds of thou- the memories of victims of the Holo- dress the wrongs of the past. The hard- sands of stories without happy endings. caust and pursuing justice in their er we work to provide restitution to In recognition of this sad fact, 17 na- names. It is in that spirit that I urge aggrieved victims of that period, the tions have established Holocaust his- every Member of this House to vote for more legitimacy we add to victims’ torical commissions to investigate the this bill and, thereby, help the Holo- claims and the further along we move extent to which its property was han- caust Assets Commission complete its in the path toward preventing these dled, or mishandled, by their countries. important work. horrible events from ever occurring I am proud to say that the United Mr. Speaker, Holocaust survivors are again. States has been one of the leaders of aging and dying, and if we are ever to The bill we take up today extends the this movement. As part of this effort, do justice to them and the memory of life of the United States Holocaust As- Congress created the Presidential Advi- the millions who perished at the hands sets Commission and authorizes addi- sory Commission on Holocaust Assets of the Nazis, we must act quickly. In tional needed resources to complete in the United States, a commission on this case, justice delayed is, in fact, the daunting tasks the Commission is which I serve. justice denied. And with the end of the currently undertaking. As we have This commission was given two Cold War, as we have the opportunity learned from our committee hearings, tasks: one, to find out what happened to look at the immediate post-World the challenges of achieving just com- to the assets of Holocaust victims that War II period with fresh perspective, pensation for Holocaust victims are came into the possession of our Gov- we know that additional work needs to significant. ernment; and, two, to issue a report to be done quickly. For one thing, no amount of money the President recommending action We know that in Europe banks sat on can undo the injustices and horrors necessary to do justice. dormant accounts for five decades. We suffered by Holocaust victims. But in While this mission might sound sim- know that insurance companies failed the ongoing effort to achieve justice ple, it is anything but. The commission to honor policies held by Holocaust vic- and to render accountable those who has found more than 75 separate United tims. We know that unscrupulous art committed crimes against humanity, States Government agencies through dealers sold paintings that were ex- we have become aware of very difficult which assets of Holocaust victims may torted from Jews who feared for their legal and logistical challenges in bring- have passed, many more entities than lives. We know that gold from Holo- ing about a meaningful process to com- was generally thought. The records of caust victims was resmelted, often be- pensate those victims. For example, each of these offices must first be lo- coming the basis for financial dealings existing documentation is often cated and then scoured page by page at between large corporate entities. And sketchy, misleading, incomplete, or an- the National Archives and other record now each one of these contemptible ecdotal, which makes it difficult to ar- centers across the United States. practices demands a full investigation, rive at a full and complete historical Additionally, the Federal Govern- daunting as the task may be. record. But, Mr. Speaker, the need to ment is in the process of declassifying The noted poet and philosopher reach meaningful conclusions as to millions of pages of World War II era George Santayana observed that, how best to compensate Holocaust vic- information that may shine additional ‘‘Those who cannot remember the past tims fully justifies the extension of the light on policies and procedures at that are condemned to repeat it.’’ But the Commission’s life and the authoriza- time. In total, the Commission will truth must be established before it can tion for additional funds. need to examine more than 45 million be remembered. That is why we created Let me also point out that under the pages of documents if it is to carry out the United States Holocaust Assets very able leadership of Deputy Treas- its mandate. Commission, and that is why the life of ury Secretary Stuart Eizenstat world- the Commission must be extended. wide Jewish organizations, the German b 1500 Given the necessary time and funds, I government, and a group of German Members of the Holocaust Assets am confident that the United States companies will meet this week in Commission were named only last No- Holocaust Assets Commission will es- Washington in an effort to agree on a vember, and the Commission began its tablish that America is doing all it can just level of compensation for victims work just 10 months ago. Given the to return all manner of assets to their of forced labor during the Holocaust. enormous volume of material that rightful owners. In so doing, we will The chairman of the Committee on needs to be examined, and the tremen- confirm our leadership in the inter- Banking and Financial Services, the dous importance of being thorough, the national effort to obtain justice for the gentleman from Iowa (Mr. LEACH), and Commission needs another year to ac- victims of the Holocaust and their fam- I recently wrote German Chancellor’s complish its tasks. And I think by cit- ilies. special representative on these matters ing the sheer volume, Mr. Speaker, of Finally, once again, Mr. Speaker, I to urge just compensation and utmost materials that have to be evaluated, we want to applaud the efforts of the full generosity and expeditiousness, par- can understand why. This is why my- panel chairman, the gentleman from ticularly given the advanced age of so October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9255 many victims of forced labor. We are Commission Act of 1998 extending the period may help to clear up one area of concern. In united in full support of Mr. Eizenstat by which the final report is due and to author- my district, there are many Holocaust victims on this process, and we want everyone ize additional funding. I have strongly sup- and their families who would benefit from who will be coming to the table this ported efforts to compensate Holocaust sur- these recovered assets and who are seeking Wednesday to know and understand vivors since Edgar Bronfman and Israel Singer redress for past actions. that. And I hope it will yield the best of the World Jewish Restitution Organization Just recently, the House Banking Committee results for victims. first informed me of the issue of unclaimed held another hearing on Holocaust issues. At Mr. Speaker, the difficulties faced in communal property in Eastern Europe in 1995. this hearing, the U.S. Department of Treasury the process of compensating victims of Since then, our State Department and orga- Deputy Secretary Stuart Eizenstat, a member forced labor only exemplifies the im- nizations such as the World Jewish Restitution of this Commission, testified about the portance of our full support for organi- Organization, an umbrella group for a number progress being made in securing information zations such as the U.S. Holocaust As- of major Jewish organizations both here in the from government agencies. Treasury Deputy sets Commission. I therefore urge each U.S. and abroad, have worked to further that Secretary Elizenstat stated that the Commis- and every one of my colleagues to sup- goal. Under their leadership, progress has sion recently released a map of the 75 total port H.R. 2401. been made; however that progress has been federal agencies which had some knowledge Mr. Speaker, I yield such time as he slow due to the complexity of the issues of Holocaust assets. This map shows how may consume to the gentleman from among many different governments, compa- much information will have to be reviewed be- Minnesota (Mr. VENTO). nies, banks, and individuals. fore a report to Congress can be completed Mr. VENTO. Mr. Speaker, I rise in I was a cosponsor of the U.S. Holocaust As- and I believe that this legislation will help pro- support of this 1-year extension of the sets Commission Act of 1998, which was a vide the necessary time and resources to Holocaust Assets Commission and the landmark in efforts to make progress in the meet this challenge. Deputy Secretary important work that it is engaged in. area of compensation for Holocaust victims. Eizenstat also strongly expressed the Clinton I think of the events that have oc- It is unfortunate that, though the legislation Administration's view that we should approve curred in this century, and certainly which created the U.S. Holocaust Assets this legislation in a timely manner to ensure the Holocaust stands out as one of the Commission was signed into law by President that the Commission's work continues without most shameful in human history and Clinton back in July of 1998, the first meeting delay. certainly in this century. As the phi- of this Commission did not take place until I urge my colleagues to support H.R. 2401, losopher said, it demonstrates man’s March of 1999, nine months later. At that first legislation to ensure that the Holocaust Assets inhumanity to man. meeting I expressed my belief that the De- Commission completes its valuable investiga- And clearly, with the Commission’s cember 31st reporting deadline provided insuf- tion. work and the cooperation that has ficient time to tackle the various issues re- Mr. LANTOS. Mr. Speaker, I rise in strong been achieved on a global basis, I think quired by the legislation, and that extending support of H.R. 2401, legislation to extend the that the attempt here to try and re- the life of the Commission was an absolute life of the U.S. Holocaust Assets Commission store the property, the gold, the finan- necessity. and to authorize additional funds necessary cial assets and arts and cultural prop- We in the Congress must recognize the for the Commission. I want to commend our erty, and, of course, the new issue that grave responsibility which our nation has to colleague from New York, Mr. LAZIO, the au- has arisen, the whole issue of slave the Holocaust survivors and their families, thor of this legislation, as well as Chairman of labor by these individuals that were many of whom are American citizens, and the Banking Committee, Congressman JIM subjected to such horrific treatment treat the issue of Holocaust era assets as a LEACH of Iowa, who introduced the original during that era in our history is being high priority, encouraging other governments legislation establishing the U.S. Holocaust As- addressed. to do the same. In order to do this, it is nec- sets Commission, which this body adopted in I think these are very complex issues essary to allow additional time for the Com- April of 1998. and clearly the responsibility lies with mission to conduct essential research on the Mr. Speaker, this legislation is important and that face of industry as well as with collection and disposition of these Holocaust- necessary. Because of delays that are normal the countries that are involved, but it era assets. in starting any new organization as well as the obviously has roots that move well be- Accordingly, I urge my colleagues to support enormous amount of information that the yond Germany and into other countries this legislation. Commission must review, the Commission re- where financial arrangements and in- Mr. BENTSEN. Mr. Speaker, I rise today in quires another year to complete its tasks. This difference, to some extent, permitted strong support of H.R. 2401, legislation that legislation provides an extension of time and this to work in all of its horror. would extend the authorization for the Presi- authorizes the additional funding necessary for So I think that the additional year dential Advisory Commission on Holocaust As- the Commission to complete its work. that is provided here will help us. It sets through December 21, 2000. As a co- Mr. Speaker, my colleagues know well the has been said before, but it can be said sponsor of this bill, I am pleased that Con- horrors of the HolocaustÐsix million news bru- again, that we cannot put this behind gress will be acting in time to ensure that this tally and systematically murdered, hundreds of us until it is all in front of us. And important Commission has both the resources thousands of others slaughtered because they clearly those that have the most expe- and additional time it needs to complete its in- were deemed ``inferior'' by the Nazis. What is rience and who experienced these trag- vestigation and present a report to Congress. less well known is that the Nazis, as part of ic circumstances, we are losing them. Under current law, the authorization for this this horrendous effort, also stole and looted But the living history that they have Commission would expire on December 31, billions of dollars of assets from many of these provided and the insights, I think, are 1999. Imposition of this deadline would mean same victims. Over half a century after these very much honored by the effort of this that the Commission has sufficient time to atrocities were brought to an end, we still do Commission and the global effort to comply with all of its archival information and not have a full accounting of these plundered try to rectify in some small way the prepare a report to Congress on the disposi- assets. trespasses that occurred in this cen- tion of Holocaust assets that came into the Under the outstanding leadership of Deputy tury of human history. possession of the U.S. government. This bill Secretary of Treasury, Stuart Eizenstat, the Mr. LAFALCE. Mr. Speaker, I have would provide $2.5 million in additional federal United States has been the leading nation in no further requests for time, and I funding to ensure that this investigative work establishing which Holocaust-era assets may yield back the balance of my time. continues. have been plundered and in establishing poli- Mr. LAZIO. Mr. Speaker, I yield my- The House Banking Committee created this cies for dealing with such assets. I want to self such time as I may consume. Commission as part of our ongoing effort to pay tribute to Ambassador Eizenstat for his Once again I would ask, based on the help Holocaust victims and their families to re- careful and thoughtful attention to these bipartisan support that we have for cover their assets which were lost during the issues. 2401, and in the interest of justice, that Holocaust. I believe we must ensure that the Mr. Speaker, resolving the issue of Holo- we move this ahead with the approval U.S. government has properly reimbursed caust-era assets is a moral issue. This is a on the part of the House. these victims and their families for any assets final opportunity to bring a small measure of Mr. GILMAN. Mr. Speaker, I rise in strong which they may have received. For many of justice to Holocaust survivors, who lost fami- support to suspend the rules and pass H.R. these victims, the search for truth has already lies and their way of life over half a century 2401, amending the U.S. Holocaust Assets taken too long and this report to Congress ago. These victims are getting older, and their H9256 CONGRESSIONAL RECORD — HOUSE October 4, 1999 numbers are constantly diminishing. This is by one year (from December 31, 1999 to De- (1) Good health is a basic right for every our last brief opportunity to help them. cember 31, 2000) the deadline for the Com- citizen of the world and access to the highest I urge my colleagues to join in supporting mission to issue its final report to the Presi- standards of health information and services this important legislation. is necessary to help guarantee this right. dent. The bill also authorizes the Commission (2) Direct and unobstructed participation Ms. SCHAKOWSKY. Mr. Speaker, I rise to receive an additional $2.5 million to cover in international health cooperation forums today in strong support of H.R. 2401, The U.S. expenses for the additional year. and programs is therefore crucial, especially Holocaust Assets Commission Extension Act Congress established the Holocaust Assets with today’s greater potential for the cross- of which I am a proud cosponsor. Last year Commission (P.L. 105±186) last year to (1) border spread of various infectious diseases Congress passed legislation creating the Pres- study and develop a historical record of the such as AIDS. idential Advisory Commission on Holocaust collection and disposition of specified assets (3) The World Health Organization (WHO) Assets in the United States. The creation of of Holocaust victims if they came into the pos- set forth in the first chapter of its charter the Commission made clear the Congress' be- session or control of the federal government, the objective of attaining the highest pos- sible level of health for all people. lief that knowledge of the whereabouts of Hol- including the Board of Governors of the Fed- (4) In 1977, the World Health Organization ocaust assets in the possession of the U.S. eral Reserve System or any Federal Reserve established ‘‘Health For All By The Year Government should be documented and those bank, at any time after January 30, 1933; (2) 2000’’ as its overriding priority and re- assets should be dealt with in a just and coordinate its activities with those of private affirmed that central vision with the initi- prompt manner. and governmental entities; (3) review research ation of its ‘‘Health For All’’ renewal process At a time when Holocaust survivors are conducted by other entities regarding such as- in 1995. aging and the U.S. Government is engaged in sets in the U.S.; and (4) report its rec- (5) Taiwan’s population of 21,000,000 people reparations negotiations on several fronts, we ommendations to the President. is larger than that of 3/4 of the member should certainly remain committed to a timely states already in the World Health Organiza- Members of the Holocaust Assets Commis- tion. and thorough resolution of Holocaust assets sion were named only last November, and the (6) Taiwan’s achievements in the field of issues in which the U.S. Government may be Commission began its work just ten months health are substantial, including one of the involved. H.R. 2401 will ensure that the Presi- ago. The Commission requested an additional highest life expectancy levels in Asia, mater- dent's Advisory Commission on Holocaust As- year to complete its work due to the unex- nal and infant mortality rates comparable to sets in the United States is given the time and pected volume and complexity of the material those of western countries, the eradication resources necessary to complete its work. it needs to examine. of such infectious diseases as cholera, small- While a timely resolution is indeed of the ut- The effort to create the Holocaust Assets pox, and the plague, and the first to be rid of most importance, it is reasonable to grant a Commission last year was a bipartisan one, polio and provide children with free hepatitis B vaccinations. year-long extension of the Commission. This and the effort to extend its life has been as (7) The World Health Organization was un- one-year extension will facilitate a thorough well. Accordingly, I urge my colleagues to sup- able to assist Taiwan with an outbreak of and fair assessment of the United States' ef- port this measure. enterovirus 71 which killed 70 Taiwanese forts to return Holocaust era assets of which Mr. LAZIO. Mr. Speaker, I have no children and infected more than 1,100 Tai- our government is in possession. further requests for time, and I yield wanese children in 1998. While we are actively pursuing reparations back the balance of my time. (8) In recent years Taiwan has expressed a internationally on behalf of Holocaust victims The SPEAKER pro tempore (Mr. MIL- willingness to assist financially or tech- and survivors, we also need to look carefully LER of Florida). The question is on the nically in WHO-supported international aid motion offered by the gentleman from and health activities, but has ultimately at the role of the United States. The United been unable to render such assistance. States has been a strong leader on Holocaust New York (Mr. LAZIO) that the House (9) The World Health Organization allows claims issues. We should also set an example suspend the rules and pass the bill, observers to participate in the activities of of what it means to conduct transparent self- H.R. 2401. the organization. evaluation. The question was taken; and (two- (10) The United States, in the 1994 Taiwan Passage of H.R. 2401, and the subsequent thirds having voted in favor thereof) Policy Review, declared its intention to sup- extensions of the President's Advisory Com- the rules were suspended and the bill port Taiwan’s participation in appropriate mission on Holocaust Assets in the United was passed. international organizations. States, will allow the U.S. to continue to play A motion to reconsider was laid on (11) In light of all of the benefits that Tai- the table. wan’s participation in the World Health Or- a leadership role. Hopefully, in the year to ganization could bring to the state of health come we will witness some measure of justice f not only in Taiwan, but also regionally and for Holocaust survivors and family members of GENERAL LEAVE globally, Taiwan and its 21,000,000 people Holocaust victims. should have appropriate and meaningful par- I commend the work the Commission has Mr. LAZIO. Mr. Speaker, I ask unani- ticipation in the World Health Organization. done to date as well as the sponsors of this mous consent that all Members may (b) REPORT.—Not later than January 1, legislation. I urge all members to vote in sup- have 5 legislative days within which to 2000, the Secretary of State shall submit a revise and extend their remarks on report to the Congress on the efforts of the port of H.R. 2401. Secretary to fulfill the commitment made in Ms. JACKSON-LEE of Texas. Mr. Speaker, H.R. 2401, the bill just passed. The SPEAKER pro tempore. Is there the 1994 Taiwan Policy Review to more ac- today I rise in support of the U.S. Holocaust tively support Taiwan’s participation in Assets Commission Extension Act of 1999, objection to the request of the gen- international organizations, in particular which amends the U.S. Holocaust Assets tleman from New York? the World Health Organization (WHO). Commission Act of 1998 to extend the life of There was no objection. The SPEAKER pro tempore. Pursu- the Commission for one year and authorize it f ant to the rule, the gentleman from to receive $2.5 million in additional funding. CONCERNING PARTICIPATION OF Nebraska (Mr. BEREUTER) and the gen- I applaud Representatives RICK LAZIO, BEN- TAIWAN IN WORLD HEALTH OR- tleman from Ohio (Mr. BROWN) each JAMIN GILMAN, JIM MALONEY and BRAD SHER- GANIZATION (WHO) will control 20 minutes. MAN for their leadership on this issue. These The Chair recognizes the gentleman Mr. BEREUTER. Mr. Speaker, I move four gentlemen are members of the Holocaust from Nebraska (Mr. BEREUTER). Assets Commission and original cosponsors of to suspend the rules and pass the bill Mr. BEREUTER. Mr. Speaker, I yield this important bill. In addition, Banking Com- (H.R. 1794) concerning the participation myself such time as I may consume. mittee Chairman JIM LEACH and Banking Com- of Taiwan in the World Health Organi- Mr. Speaker, this Member rises in mittee Ranking Member JOHN LAFALCE are zation (WHO), as amended. support of H.R. 1794, a resolution call- also original cosponsors of the bill. The Clerk read as follows: ing for Taiwan’s participation in the Seventeen nations have established Holo- H.R. 1794 World Health Organization, WHO. This caust historical commissions to investigate the Be it enacted by the Senate and House of is a bipartisan resolution, Mr. Speaker, extent to which the assets of victims of the Representatives of the United States of America which was approved unanimously by Holocaust were handled, or mishandled, by in Congress assembled, the Subcommittee on Asia and the Pa- SECTION 1. CONCERNING THE PARTICIPATION cific of the Committee on Inter- their countries. As part of this effort Congress OF TAIWAN IN THE WORLD HEALTH passed legislation last year creating the Presi- ORGANIZATION (WHO). national Relations on June 23, 1999. dential Advisory Commission on Holocaust As- (a) FINDINGS.—The Congress makes the fol- This Member congratulates the distin- sets in the United States. H.R. 2401 extends lowing findings: guished gentleman from Ohio (Mr. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9257

BROWN) for bringing this matter before empathize with the thousands of Tai- ventable diseases. Today, the WHO has this body, and I was pleased to join him wanese people who found themselves vaccinated more than 80 percent of the as a cosponsor. trapped under rubble, praying that kids in the world, saving the lives of The WHO is a nonpolitical United Na- someone would come to their rescue; three million children each year. These tions affiliated agency with 191 partici- that someone would respond to their diseases include polio, a virus unparal- pating entities. It seeks to provide the cries for help; or for us to imagine how leled in its cruelty and suffering. The highest possible level of health for all we might react if our family members WHO has eradicated it from the West- people. There is strong support for the were trapped under these buildings. ern Hemisphere. Similarly, measles, a people of Taiwan being afforded the op- Yet, in the aftermath of this disaster, killer of a quarter of a million children portunity to participate in a meaning- unlike the immediate offers of help to worldwide each year, is targeted for ful way in the WHO and take advan- the victims of the earthquakes in eradication by 2001. tage of the information and services Greece and Turkey, international relief Infectious disease and sickness are that this international organization of- efforts were actually dragged out and not limited to political borders, and fers. Given the fact that international postponed while scores of Taiwanese the results of Taiwan’s exclusion from travel makes the transmission of com- were fighting for their lives. the WHO have been tragic. Young chil- municable diseases much more preva- b 1515 dren and older citizens who are par- lent, it is illogical to deny WHO serv- ticularly vulnerable to a host of emerg- ices to Taiwan’s population of more And we know why they were forced ing infectious diseases, such as the than 20 million people. to wait for help, even though they Asian Bird Flu, are without the knowl- The threat of communicable disease themselves, the Taiwanese as a people, edge and expertise shared among the transmission has become much more have provided hundreds of millions of member nations of the WHO. apparent to Americans in the past dollars in assistance to victims of wars With increased travel and trade week with the outbreak in New York of and famines and disaster all over the among many members of our global a rare and very deadly form of African world. That is because even in Tai- village, these diseases do not stop at encephalitis. It is speculated this dis- wan’s darkest hour, the United Nations national borders. So why should we ease was brought to the United States first had to receive permission from erect boundaries to shared information in an aircraft or on a cargo vessel. This the People’s Republic of China before which would help improve the health of outbreak demonstrates just how porous they could help Taiwan. Taiwanese children? America’s borders have become. In That is the reality of the One China Mr. Speaker, denial of Taiwanese such a world of easy transit, it defies policy. No matter how dire the situa- participation in the WHO is an unjusti- logic to exclude 20 million people from tion, the human rights and the Tai- fiable violation of its people’s funda- this international disease prevention wanese people take a back seat to Cold mental human rights. Good health is a organization. War geopolitics that frankly no longer basic right for every citizen of the In addition, Mr. Speaker, there is no serve any useful purpose. Unless we world, and Taiwan’s admission to the doubt that Taiwan can offer much in start doing something about it, unless WHO would help foster that right for terms of medical and pharmaceutical we start to stick up for what is right, its people. expertise. Their longevity rate is near- unless we start helping Taiwan instead I call on all of my colleagues to sup- ly the highest in Asia. Specialists from of hindering it, then we will wind up port H.R. 1794 and Taiwan’s right to Taiwan have unique skills in a number letting China’s dictators think they participate in the World Health Organi- of areas where we in the West lack the can continue to deny their people and zation. expertise. The potential for coopera- the Taiwanese people their funda- Mr. Speaker, I reserve the balance of tion is obvious. mental human rights. my time. Mr. Speaker, H.R. 1794 speaks only of Today we are taking a step in the Mr. BEREUTER. Mr. Speaker, I yield ‘‘appropriate and meaningful participa- right direction, because regardless of 2 minutes to the distinguished gen- tion in the WHO.’’ No one, I think, can the One China policy, access to first- tleman from Ohio (Mr. CHABOT). responsibly argue with that position. rate medical care is a fundamental Mr. CHABOT. Mr. Speaker, I rise in H.R. 1794 also requires that the exec- human right. I said it before, and I will strong support of H.R. 1794. utive branch report on its effort to pro- say it again. Children cry the same Mr. Speaker, I am pleased to join my mote such participation. There is no tears whether they are in Lorain, Ohio, friend from Ohio (Mr. BROWN) in spon- desire in this body to force the execu- or Taipei, Taiwan. Denying them ac- soring this legislation, and I am hope- tive branch to telegraph its best strate- cess to the latest medical innovations ful that we will garner the over- gies to those who seek to deny Tai- that can ease those tears is just as whelming support of the House. wan’s appropriate treatment, and re- criminal as violating their other basic As my colleague has stated, H.R. 1724 porting requirement need not make rights. requires the Secretary of State to re- such revelation. However, given the H.R. 1794 is a step in the right direc- port to Congress on the efforts of the strong views held by many in this tion and recognizes that human suf- State Department to fulfill the com- body, it is entirely appropriate to ask fering obviously transcends politics. mitments made in the 1994 Taiwan Pol- that the administration report to the For the first time ever, Congress is re- icy Review to more actively support Congress on its activities. quiring the State Department to find a Taiwan’s participation in international Mr. Speaker, this Member urges role for Taiwan in the most beneficial organizations, in particular the World adoption of H.R. 1794. of all international institutions, the Health Organization. Mr. Speaker, I reserve the balance of World Health Organization, an outfit The people of Taiwan have a great my time. that is dedicated to eradicating disease deal to offer the international commu- Mr. BROWN of Ohio. Mr. Speaker, I and improving the health of people nity. It is terribly unfortunate that yield myself such time as I may con- around the world regardless of the con- even though Taiwan’s achievements in sume. ditions imposed on them by any of the the medical field are certainly substan- Mr. Speaker, I rise in support of H.R. world’s governments. tial and it has expressed a repeated 1794. In addition, I would like to thank Its achievements in this regard are willingness to assist both financially my numerous colleagues, especially nothing short of remarkable. In this and technically in World Health Orga- the gentleman from Nebraska (Mr. BE- past century, smallpox claimed hun- nization activities, it has not been al- REUTER), who have given their support dreds of millions of lives, killing more lowed to do so. Passage of H.R. 1794 to this bill, also including the gen- people than every war and epidemic will, hopefully, prompt our Govern- tleman from California (Mr. COX), the put together. Because of the tireless ef- ment to promote that effort. gentleman from Ohio (Mr. CHABOT), forts of the World Health Organization, It is simply a travesty that during and others. this scourge has been totally eradi- times of crisis, such as the 1998 Two weeks ago, Mr. Speaker, Taiwan cated. entovirus outbreak in Taiwan, the was struck by a devastating earth- In 1980, only 5 percent of the world’s World Health Organization has been quake. It is not hard for us to children were vaccinated against pre- unable to help. That virus killed 70 H9258 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Taiwanese children and infected more Mr. BEREUTER. Mr. Speaker, I re- ties, is one of those important resources. But than a thousand. serve the balance of my time in order today, regrettably, Taiwan, a nation of 21 mil- Only 2 weeks ago, the tragic earth- to close. lion people, has been denied a share in that quake in Taiwan that claimed more Mr. BROWN of Ohio. Mr. Speaker, I basic human right. This is wrong and it is high than 2,000 lives occurred. Sadly, we have no further requests for time, and time we correct that wrong. learned in published reports that the I yield back the balance of my time. There are opportunities for Taiwan to pur- Communist Government of the Peo- Mr. BEREUTER. Mr. Speaker, I urge sue observer status in the WHO which would ple’s Republic of China, whose bellig- my colleagues to favorably consider allow the people of Taiwan to participate in a erent insistence that Taiwan be denied and vote for the resolution. substantive manner in the scientific and health a role in international organizations, Mr. ORTIZ. Mr. Speaker, I rise today to ask activities of this important health organization. demanded that any aid for Taiwan pro- for the support of the House in passing H.R. It is time for the Clinton administration to do vided by the United Nations and the 1749, the resolution to support Taiwan for the right thing, to take affirmative action, and Red Cross receive prior approval from membership in the World Health Organization. to seek appropriate participation for Taiwan in the dictators in Beijing. Let us begin by asserting a simple truth: dis- the WHO. Mr. Speaker, in times of national ease and disaster know no borders. This reso- Accordingly, I call upon the administration to emergency, Taiwan is deserving of as- lution will be progress made possible by a pol- pursue all initiatives in the WHO which will sistance from the international com- icy the United States adopted in 1994, which allow these 21 million people to share in the munity. The absurd policy denying or encouraged Taiwan's participation in various health benefits that the WHO can provide. delaying that assistance must be international organizations. I am proud to be a cosponsor of this bill and changed. When I was in Taiwan in August, I met and I urge my colleagues to fully support this I want to again thank and commend spoke personally with the country's surgeon measure. my colleague from Ohio (Mr. BROWN) general. We talked about the virtues of Tai- Mr. LANTOS. Mr. Speaker, I rise today in and also the gentleman from Nebraska wan's admission to the WHO, and that was strong support of H.R. 1794 concerning the (Mr. BEREUTER) for their work on this prior to the devastating earthquake which participation of Taiwan in the World Health Or- very important legislation, and I urge killed and injured so many people. The inter- ganization (WHO). I want to pay tribute to our my colleagues to support it. national response to Taiwan in this hour of distinguished colleague from Ohio, Mr. Mr. BROWN of Ohio. Mr. Speaker, I need was slowed by the fact that Taiwan was SHERROD BROWN, for introducing this impor- yield 2 minutes to my friend, the gen- not a member country of the WHO. tant bill. I also want to express my thanks for tleman from Guam (Mr. UNDERWOOD). their support of this legislation the Chairman of Mr. UNDERWOOD. Mr. Speaker, I Taiwan's progression on matters related to the Asia Subcommittee, Congressman DOUG thank the gentleman from Ohio (Mr. health care is legendary in Asia. They have the highest life expectancy levels in Asia; they BEREUTER of Nebraska, as well as the Chair- BROWN) for yielding me the time. I certainly rise in congratulations of have implemented successful vaccination pro- man of the International Relations Committee, both gentlemen from Ohio in drafting grams; and their maternal and infant mortality Congressman BENJAMIN A. GILMAN of New H.R. 1794. rates are comparable to those of Western na- York, and the Ranking Democratic Member of This measure is concerned with Tai- tions. It was also the first Asian nation to elimi- the Committee, Congressman SAM GEJDEN- wan’s participation in the World nate polio and it was the first country world- SON of Connecticut. Health Organization. Public health is a wide to innoculate its children (for free) for The time is long overdue for Taiwan to par- basic right and concern of all people no hepatitis B. ticipate in the World Health Organization, Mr. matter what their political status or Taiwan has a world class economy and Speaker. Taiwan, with its population ap- their political standing in the world. their health care system is quite advanced. proaching 22 million people, is larger than The mission of the World Health Or- Their membership in the WHO would be just three-quarters of the countries which are ganization is to promote, maintain, as beneficial (or more so) to the other member members of the World Health Organization. and advocate on public health issues nations as it would be for themselves. Taiwan has a large, highly-educated and well- globally, who includes as one of its ob- This bill requires the State Department to trained medical community. Many of these, I jectives the goal of attaining the high- find a role for Taiwan in one of the most im- should add, are individuals who have been est possible level of health for all peo- portant international organizations, the World trained in the finest medical institutions here in ple. And Taiwan in many respects has Health Organization. The WHO is dedicated to the United States. Furthermore, Taiwan is a one of the more advanced scientific and eradicating disease and improving the health country with extensive economic, social and medical establishments in Asia, as of people worldwide. cultural links with the rest of the world. It has those of us in Guam, which is 31⁄2 hours So, let me end where I began * * * infec- the resources to make an important contribu- flying time from Taiwan, know well. tious disease and disasters are not limited by tion to the activities of the World Health Orga- Yet, because Taiwan has been prohib- political borders, and Taiwan's exclusion from nization. It is unfortunate and counter- ited from full participation in inter- WHO is tragic. Taiwan's young people and the productive to continue to exclude Taiwan from national organizations associated with elderly population, who are particularly vulner- participation in the work of the World Health the U.N., many opportunities are lost able to many emerging diseases, such as the Organization. to help the people of Taiwan. And in Asian Bird Flu, simply should not be without Mr. Speaker, some five years ago, in the turn, the world may lose out from their the knowledge and expertise shared by the 1994 Taiwan Policy Review, the Department experiences and expertise. member nations of WHO. of State agreed more actively to support the Indeed, tragically because of these Please join me in passing this resolution. participation of Taiwan in international organi- political obstacles, WHO was unable to Mr. GILMAN. Mr. Speaker, I am pleased to zations, and in particular its participation in the assist the government of Taiwan dur- rise in support of H.R. 1794 concerning Tai- World Health Organization. Our legislation will ing a serious viral outbreak in 1998. wan's participation in the World Health Organi- help focus our government's efforts to encour- This is why it is altogether appropriate zation (WHO). age this laudable goal. that we support this resolution. Since I want to commend the gentleman from Mr. Speaker, I urge my colleagues to join common sense dictates that good Ohio, Mr. BROWN, for introducing, advocating me in supporting this important piece of legis- health transcends politics and history, this measure and for his perseverance on this lation. Taiwan should be permitted to partici- issue. Mr. BEREUTER. Mr. Speaker, I yield pate in a meaningful way with the I also thank the gentleman from Nebraska, back the balance of my time. WHO. This can be done without vio- Mr. BEREUTER, chairman of the Subcommittee The SPEAKER pro tempore (Mr. MIL- lating U.S. foreign policy that supports on Asia and the Pacific, for helping to bring LER of Florida). The question is on the the One China policy. Without compro- the measure before us today. motion offered by the gentleman from mising that policy, the U.S. Govern- We all agree that good health is the basic Nebraska (Mr. BEREUTER) that the ment could support Taiwan’s participa- human right of people everywhere. That right, House suspend the rules and pass the tion in the WHO in the name of saving though, can only be guaranteed if all people bill, H.R. 1794, as amended. lives and promoting universal public have unfettered access to all available re- The question was taken; and (two- health. sources regarding health care. thirds having voted in favor thereof) I urge all of my colleagues to support The World Health Organization, a United the rules were suspended and the bill, this measure. Nations body which has 191 participating enti- as amended, was passed. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9259 A motion to reconsider was laid on deaths of these United States citizens are that the perpetrators of these heinous the table. swiftly brought to justice. crimes be brought to justice, we should f The SPEAKER pro tempore. Pursu- also take the time to understand that ant to the rule, the gentleman from the work of helping indigenous peoples GENERAL LEAVE Nebraska (Mr. BEREUTER) and the gen- throughout the world continues on and Mr. BEREUTER. Mr. Speaker, I ask tleman from Florida (Mr. DAVIS) each that we need to support their work. unanimous consent that all Members will control 20 minutes. We need to support their work not may have 5 legislative days within The Chair recognizes the gentleman only individually. And as our hearts go which to revise and extend their re- from Nebraska (Mr. BEREUTER). out to the families of these three indi- marks and to include extraneous mate- Mr. BEREUTER. Mr. Speaker, I yield viduals, we should also remind our- rial on H.R. 1794. myself such time as I may consume. selves and call upon the State Depart- The SPEAKER pro tempore. Is there GENERAL LEAVE ment to continue to support resolu- objection to the request of the gen- Mr. BEREUTER. Mr. Speaker, I ask tions and actions in support of indige- tleman from Nebraska? unanimous consent that all Members nous groups, particularly in our own There was no objection. may have 5 legislative days within State Department’s work in the United f which to revise and extend their re- Nations as declarations are pursued marks and to include extraneous mate- there and in the organization of Amer- CONDEMNING KIDNAPPING AND rial on H. Res. 181. ican States. MURDER BY THE REVOLU- The SPEAKER pro tempore. Is there TIONARY ARMED FORCES OF CO- Again, I rise in very strong support of objection to the request of the gen- this resolution. LOMBIA OF THREE UNITED tleman from Nebraska? STATES CITIZENS Mr. Speaker, I yield back the balance There was no objection. of my time. Mr. BEREUTER. Mr. Speaker, I move Mr. BEREUTER. Mr. Speaker, the Mr. BEREUTER. Mr. Speaker, it is to suspend the rules and agree to the distinguished gentleman from Wis- my pleasure to yield such time as he resolution (H. Res. 181) condemning the consin (Mr. GREEN) and a bipartisan may consume to the gentleman from kidnapping and murder by the Revolu- group of cosponsors brought this im- Wisconsin (Mr. GREEN), the author of tionary Armed Forces of Colombia portant resolution before the House. the resolution. In early March, three Americans (FARC) of 3 United States citizens, In- Mr. GREEN of Wisconsin. Mr. Speak- were in Colombia trying to help an in- grid Washinawatok, Terence Freitas, er, I thank the gentleman from Ne- and Lahe’ena’e Gay. digenous group when they were bru- braska (Mr. BEREUTER) for yielding me tally murdered by the Revolutionary The Clerk read as follows: time. I also want to extend my thanks Armed Forces of Colombia (FARC). The H. RES. 181 to the gentleman from New York FARC, designated by the State Depart- Whereas Ingrid Washinawatok, a member (Chairman GILMAN) for his work on ment as a foreign-based terrorist of the Menominee Indian Nation of Wis- this resolution. I appreciate their sup- group, killed these people in cold consin, Terence Freitas of California, and port very much. Lahe’ena’e Gay of Hawaii, were United blood. These senseless deaths have Mr. Speaker, I rise to speak in sup- States citizens involved in an effort to help brought the total of innocent American port of H. Res. 181, decrying the murder the U’wa people of northeastern Colombia; lives taken in Colombia by the FARC of these three U.S. citizens in Colom- Whereas Ms. Washinawatok, Mr. Freitas, and the National Liberation Army to and Ms. Gay were kidnapped on February 25, bia, particularly Ms. Ingrid 15. 1999 by the Revolutionary Armed Forces of Washinawatok, a member of the Me- This resolution will put the House of Colombia (FARC), a group designated a for- nominee Indian Nation in my own con- Representatives on record as con- eign-based terrorist organization by the gressional district in northeastern Wis- demning this heinous crime and calling United States Department of State; consin. Ingrid deserves our gratitude Whereas the FARC brutally murdered for those responsible to be swiftly and admiration. these 3 innocent United States civilians, brought to justice. I urge my col- whose bodies were discovered March 4, 1999; leagues to unanimously support H. Res. In these times when so many people Whereas this Congress will not tolerate 181. offer little more than words and wish- violent acts against United States citizens Mr. Speaker, I reserve the balance of es, Ingrid walked the walk. She backed abroad; up her words and beliefs with construc- Whereas the FARC has a reprehensible his- my time. Mr. DAVIS of Florida. Mr. Speaker, I tive action. Time after time, Ingrid put tory of committing atrocities against both her life on the line for what she be- Colombian and United States citizens, in- yield 2 minutes to the gentleman from cluding over 1,000 Colombians abducted each Guam (Mr. UNDERWOOD). lieved in, often operating in dangerous, year and 4 United States civilians who were Mr. UNDERWOOD. Mr. Speaker, I treacherous environments all around seized for a month in 1998; thank the gentleman for yielding me the world. She sacrificed throughout Whereas it is incumbent upon the Govern- the time. her life; and, in the end, she sacrificed ment of Colombia to quickly and effectively Mr. Speaker, I rise in strong support her life itself. investigate, arrest, and extradite to the of this resolution to condemn the slay- She was only 42 years old when she United States those responsible for the mur- ing of these three individuals, three died at the hands of terrorists in Co- ders of Ms. Washinawatok, Mr. Freitas, and lombia. At the time that she was kid- Ms. Gay; and Americans. Whereas the United States Federal Bureau We should be mindful that we should napped, she and her two companions, of Investigation (FBI) is empowered to inves- not tolerate the murder of U.S. citizens as was mentioned by my colleague tigate terrorist acts committed against anywhere in the world. But we should from Guam, were involved in an effort United States citizens abroad: Now, there- also take this opportunity to remind to better the lives of the U’wa people in fore, be it ourselves of the work of these three in- northeastern Colombia through edu- Resolved, That the House of dividuals, Ingrid Washinawatok, Ter- cation. Representatives— She had a vision, a vision of a better (1) decries the murders of Ingrid ence Freitas, and Lahe’ena’e Gay of Washinawatok, Terence Freitas, and Hawaii. world, and she devoted her life to turn- Lahe’ena’e Gay; These three individuals were involved ing that vision into reality. But her (2) strongly condemns the Revolutionary in the work of helping indigenous work in Colombia was only the latest Armed Forces of Colombia (FARC); groups in Colombia. It is entirely ap- example of her devotion to that great (3) calls on the Government of Colombia to propriate that we draw attention to vision. She traveled throughout the find, arrest, and extradite to the United the efforts on behalf of native groups globe and tried to leave, she and her States for trial those responsible for the around the world in this, the inter- companions, each place that she deaths of these United States citizens; and national decade of the world’s indige- worked just a little bit better than (4) emphasizes the importance of this in- vestigation to the United States Federal Bu- nous peoples. when she had first arrived. reau of Investigation (FBI) and urges the While we take the time and the effort She is survived by her family and FBI to use any and every available resource to call upon the Colombian Govern- friends both in Wisconsin and in New to see that those who are responsible for the ment to exert all effort to make sure York. But I think we all will miss her H9260 CONGRESSIONAL RECORD — HOUSE October 4, 1999 and mourn her, her and her compan- As we all know when we read to our Maria del Pilar Vallejo de Hoyos came to ions, because with their passing, we all horror on March 4 that the bodies of Kenosha, Wisconsin, for the first time over lose something. Ms. Gay, Ms. Washinawatok and Mr. twenty years ago as an exchange student. Mr. Speaker, H.R. 181 uses the force Freitas were found, they had been kid- She stayed in the Woods' home and has been of this Congress to decry the murders napped from Bogota and bound and like a sister to the Woods' three daughters of Ingrid and Mr. Freitas and Ms. Gay. gagged and shot to death and dumped and a general member of the family. Maria re- It was members of FARC who kid- across the border into Venezuela. We turned to Wisconsin several times over the napped these three U.S. citizens. It was have been advised that this was the ac- years and kept in touch. During Maria's last members of FARC who killed them just tion of the Revolutionary Armed trip to Kenosha, her son, Guilermo, was the 2 days later. Forces of Colombia, FARC as they are ring bearer at one of the Woods' daughter's known. b 1530 wedding. In Colombia, she had completed law It was terribly disturbing to me, es- school and had been elected at different times These actions were reprehensible and pecially not only because Ms. Gay was to the Manizales City Council and the Caldas they were intolerable. We must send a from my constituency but I had just State Assembly. message today to FARC and other returned from a trip with my sub- In Colombia, President Andres Pastrana has groups who would commit brutal committee, chaired by the gentleman tried unsuccessfully to negotiate peace be- crimes just as this that U.S. citizen- from Florida (Mr. MICA), to visit Co- tween the Marxist rebels (the Revolutionary ship means something, and that the lombia and to hear such reassuring Armed Forces of Colombia (FARC) and the U.S. will not stand for acts of aggres- words about the progress of the govern- National Liberation Army (ELN)). But the sion against its citizens anywhere in ment there regaining control of the rebels' power and influence in Colombia has the world. country and doing something about the grown substantially by collaborating with Co- This resolution also strongly con- drug trade. And then to come back and lombia's drug-traffickers and the money they demns FARC itself for its actions. learn that this terrible act had been provide. This is a symbiotic relationshipÐthe FARC is a recognized terrorist organi- done is truly a crushing defeat of the Marxist rebels supply protection for the drug zation. It has a horrifying history of progress that we had been told had lords in return for the money to arm them- atrocities, of thuggery. been achieved. selves against the Colombian government. So I am pleased that the House has Finally, this resolution calls upon Alarmingly, drug trade in Colombia amounts this time this afternoon to consider the government of Colombia and our to between 25 and 35 percent of the country's this resolution and to condemn the ac- own FBI to expedite and intensify their total exports. From this bounty, the rebel guer- tions of these terrorists in Colombia. efforts to find and arrest those respon- rillas have been able to support their war sible. We must find them, if citizenship Mr. DAVIS of Florida. Mr. Speaker, I yield myself such time as I may con- against the Pastrana government. Some esti- is going to mean anything, and they mates put the FARC and ELN control over must be extradited to the U.S. for a sume. Mr. Speaker, I would just like to Colombian territory at 50 percent with signifi- trial. cant influence over more than half of the Again, I want to thank the gen- close before the gentleman from Ne- braska does by pointing out what has country's municipalities. tleman from New York (Mr. GILMAN), already been said here today, that the I am not willing to continue the Administra- the gentleman from Nebraska (Mr. BE- murder of these three American citi- tion's policy of throwing more money at Co- REUTER) and the members of the Com- zens was senseless, brutal and really lombia if it is not utilized properly through a mittee on International Relations for unforgivable. The FARC has yet to co- well-designed anti-drug strategy. However, their support, their work, and their as- operate with Colombian authorities both the Administration and Congress have sistance on this. and U.S. officials to help resolve this been remiss in their haphazard guidelines for I urge my colleagues to support this case. If the FARC is going to persist in certification, decertification, and national inter- resolution to honor the memories of its claims to be a credible player in the est waivers in the anti-drug war. these Americans, to make sure that peace process in Colombia, they need Since 1990, Colombia has received almost justice is done, and to protect our citi- to begin by taking responsibility for $1 billion in U.S. anti-drug aid, yet cocaine zens abroad in the future. their actions, by helping those who are and heroin production has continued its steady Mr. DAVIS of Florida. Mr. Speaker, I accountable for these atrocities to be increase. In fact, a June GAO report con- yield 2 minutes to the gentlewoman brought to justice, and to help send a cluded that Colombia's future cocaine produc- from Hawaii (Mrs. MINK). message to put an end to this type of tion could jump 50 percent. On top of no relief (Mrs. MINK of Hawaii asked and was barbaric behavior in the future. We in sight from future drug production, the coun- given permission to revise and extend strongly condemn the actions of the try is suffering through its worst recession her remarks.) FARC and recommend for the sake of since the 1930s. The economy is predicted to Mrs. MINK of Hawaii. I thank the the families of those unfortunate indi- shrink further by 3.5% in 1999, and the central gentleman for yielding me this time. viduals involved as well as for the sake bank recently allowed the Colombian peso to Mr. Speaker, I rise in very strong of peace in Colombia that the perpetra- float, creating instability of the peso against support of this resolution, and I thank tors be brought to justice. I strongly the U.S. dollar. The growing strength of the the sponsors of this resolution for al- urge support of the resolution. Marxist rebels and drug trade combined with lowing the House to deliberate on its Mr. RYAN of Wisconsin. Mr. Speaker, today Colombia's faltering economy and growing in- contents. This resolution condemns the the House considered H. Res. 181, to con- come inequalities is a lethal combination. brutal, senseless killings in Colombia demn the murder of Americans by the Revolu- I would like to thank the Speaker for the of three dedicated activists, one of tionary Armed Forces of Colombia. These vic- hard work he has put in to shaping U.S. policy whom was from my district. Lahe’ena’e tims of the escalating violence in Colombia toward Colombia. Through the efforts of Gay was from the big island. We mourn were from Wisconsin, and I would like to thank Speaker HASTERT and other Members, Con- her death, her brutal, senseless murder, my colleague MARK GREEN for introducing this gress has developed direct ties with the Co- as well as that of Ingrid Washinawatok important resolution. I would also like to bring lombian government and has eclipsed the and Terence Freitas. to your attention another situation in Colombia Clinton Administration's efforts to combat the My constituent, Lahe’ena’e Gay, was that hit close to home. narco-democracy engulfing Colombia. I strong- the founder of Pacific Cultural Conser- This month, we are upon the one-year anni- ly support the efforts of Speaker HASTERT and vancy International, and she devoted versary of the alleged assassination of Colom- Government Reform Chairman DAN BURTON, her life to preserving the cultural iden- bian citizen Maria Hoyos. Maria was a close who feel passionately about the war on drugs tity and integrity of indigenous peo- friend of Dr. Frederick and Ronnie Wood and and the effect it is having on the Colombian ples. She and her two colleagues were their family that live in the district I serve. Mr. people. on a mission to northeastern Colombia Wood told me about Maria's October 28, Both Congress and the Clinton Administra- to assess whether they might be able to 1998, assassination and questioned how the tion need to look more closely at the problem assist the U’wa people in preserving United States could let Colombia, a nation in brewing in Colombia before it threatens West- their heritage in the face of outside in- our own backyard, fall through the cracks of ern Hemisphere stability. As I have found out fluences, development and exploi- our worldwide effort at helping countries grow through Dr. Fred Wood in Kenosha, the grow- tation. both economically and democratically. ing violence in Colombia has already reached October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9261 my district, and I want to ensure that other up- ence were traveling in Colombia as guests of On Feb. 25 of this year, three U.S. citi- standing Colombian citizens do not meet the U'wa, a traditional indigenous community zensÐIngrid Washinawatok, a member of the Maria Hoyos fate while trying to maintain a le- that is nonviolently fighting to protect their land Menominee Indian Nation of Wisconsin, Ter- gitimate democracy in Colombia. from United States and Colombian petroleum ence Freitas of California, and Lahe'ena'e Gay Mr. GILMAN. Mr. Speaker, Representative developers. of HawaiiÐwere kidnapped by the Revolu- MARK GREEN of Wisconsin and a bipartisan Last week, along with other members of the tionary Armed Forces of Colombia (FARC), a group of co-sponsors brought this important House International Relations Committee, I terrorist and drug trafficking group fighting the resolution before our Committee. had the opportunity to meet with Colombian government of Colombia. The three were in- In early March, three Americans were in Co- President Pastrana. We learned a great deal volved in an effort to help the U'wa people of lombia trying to help an indigenous group about his new $7.5 billion plan for ``peace'', northeastern Colombia. The FARC brutally when they were brutally murdered by the Rev- economic redevelopment, and counter-drug ef- murdered the three Americans a week later. olutionary Armed Forces of Colombia. The forts. It is my understanding that the Clinton The resolution strongly condemns the Revo- FARCÐdesignated by the State Department administration is expected to ask Congress to lutionary Armed Forces of Colombia (FARC); as a foreign-based terrorist groupÐkilled fund $1.5 billion of the plan, and that the ad- notes the FARC has a reprehensible history of these people in cold blood. These senseless ministration's proposal may call for over half of committing atrocities against both Colombian deaths have brought the toll of innocent Amer- the funds to support equipment and training and U.S. citizens; states that Congress will not ican lives taken in Colombia by the FARC and for the Colombian police and military. tolerate violent acts against U.S. citizens the National Liberation Army to 15. As of I am very concerned about this inititive. At abroad. today, 12 Americans are being held hostage more than $500 million annually, this would These American activists were involved in humanitarian efforts to assist the U'wa people by these terrorist groups. Moreover, we still do nearly double the amount that our Nation pro- of northeastern Colombia. Prior to their kid- not know the fate of the longest held captives, vided to Colombia's security forces in 1999. napping, they spend 2 weeks on the U'wa res- Mark Rich, David Mankins and Rich Tenenoff, Some of you may have seen the poignant ervation trying to assist in developing edu- kidnapped by the FARC in 1993. letter of May 22 written by the mother of Ter- cation program using traditional culture, lan- I have written to Secretary of State Mad- ence Freitas to the editor of the Washington guage, and religion. The death of Ingrid eleine Albright to ask that the perpetrators of Post. In the letter, Ms. Freitas writes that she Washinawatok marks the first time that a Na- the murder of the three innocent Americans has ``watched in disbelief that some have used the murder of her son . . . and his two com- tive North American women died while per- who are the subject of the resolution before us forming human rights work among native peo- today be included under the Department of panions to justify an increase in military aid to Colombian armed forces.'' Ms. Freitas writes ple in South America. State's Counter-terrorism Reward Program. I FARC, a terrorist organization that has com- recently sponsored legislation that increased that she is distressed that the ideals that her son ``lived and died forÐnonviolence, indige- munist ties, has a history of committing atroc- the reward under this program to $5 million. I ities against both Colombian and U.S. citizens. hope that widely publicizing this reward in Co- nous sovereignty and justice'' have been di- minished by those who support militarization in Established in 1966, it is the largest, best- lombia will speed the arrest and conviction of Colombia. trained, and best-equipped guerilla organiza- those responsible for this reprehensible crime. I am a cosponsor of this resolution because tion in Colombia. The goal of FARC is to over- Accordingly, I urge my colleagues to unani- I believe that those responsible for the mur- throw the Colombian Government and its rul- mously support H. Res. 181. ders of Terence, Lahe'ena'e, and Ingrid need ing class. Following the murders, FARC guar- Mr. BERMAN. Mr. Speaker, I rise in strong to be arrested and brought to trial. anteed that the perpetrators would be pun- support of H. Res. 181, which condemns the At the same time, as we speak out deplor- ished but refused to turn over the murderers Revolutionary Armed Forces of ColombiaÐ ing their murders today on the House floor, I to Colombian or United States officials. known as FARCÐfor the kidnapping and bru- also believe that it is crucial to address our H. Res. 181 strongly condemns the actions tal murder of three American citizens earlier Nation's future policy toward Colombia. Any of FARC and calls for the government of Co- this year. plan, with a focus on increased funding for lombia to arrest and extradite those respon- These individualsÐincluding Terence training the Colombian police and military, is sible for the deaths of the three individuals. Freitas, whose mother lives in my congres- dangerously narrow and counterproductive. Moreover, the bill urges the Federal Bureau of sional districtÐwere in Colombia only to pro- In order to truly advance the peace process Investigation to use every available resource vide assistance to the indigenous U'wa people in Colombia and create stability for all commu- to see that those individuals responsible for in the northeast part of the country. nities in the country, we must attack the root the murders are brought to justice. Although the FARC has admitted that their causes for drug trade and violence of the I urge my colleagues to support this resolu- guerillas abducted and killed the Americans, FARC. This requires a more comprehensive tion. Mr. DAVIS of Florida. Mr. Speaker, I they have refused to cooperate with Colom- policy approach to fund the elements of Presi- yield back the balance of my time. bian or United States authorities to resolve the dent Pastrana's plan that support economic Mr. BEREUTER. Mr. Speaker, I case. development, human rights and an end cor- strongly urge unanimous support for H. This important resolution condemns the ruption in the justice system in Colombia. Res. 181. senseless murders and demands that those I challenge all of us to examine the proposal Mr. Speaker, I have no further re- responsible for this heinous crime are swiftly of the Colombia Government with this per- quests for time, and I yield back the brought to justice. spective. Ms. Freitas explains that Terence balance of my time. As we condemn atrocities committed by the ``clearly understood that the U.S. military and The SPEAKER pro tempore (Mr. MIL- FARC, we must also condemn the numerous training assistance to Colombia would bring LER of Florida). The question is on the extrajudicial killings carried out by Colombian more violence from all sides. She leaves us motion offered by the gentleman from paramilitary forces. The cycle of violence that with the following message, which I would like Nebraska (Mr. BEREUTER) that the has consumed Colombia and claimed the lives to convey to all of my colleagues: House suspend the rules and agree to of these three innocent Americans will end ``If our Congressional Representatives hear the resolution, House Resolution 181. only when all sides agree to lay down their any `wake-up call' following the execution of The question was taken. arms and work together to achieve a lasting my son, I urge it to be this: Remember your Mr. BEREUTER. Mr. Speaker, on peace. high standards of justice and peace by refus- that I demand the yeas and nays. I urge my colleagues to support the resolu- ing to further U.S. military aid to Colombia. The yeas and nays were ordered. tion. Doing the hard work of peace takes a lot more The SPEAKER pro tempore. Pursu- Ms. LEE. Mr. Speaker, I rise this afternoon guts than empowering more men with guns.'' ant to clause 8 of rule XX and the to speak about the disturbing situation in Co- STATEMENT OF CONGRESSWOMAN SHEILA JACKSON- Chair’s prior announcement, further lombia and the kidnapping and murder of LEE CONDEMN COLOMBIAN KILLINGS proceedings on this motion will be three U.S. citizens, Terence Freitas, Ingrid (H. RES .181) postponed. Washinawatok and Lahe'ena'e Gay. OCTOBER 4, 1999 f As a long-standing advocate for human Ms. JACKSON-LEE of Texas. Mr. Speaker, rights and nonviolence, the conflict and vio- I rise in support of H. Res. 181. This resolu- EXPRESSING CONCERN OVER IN- lence in Colombia is incredibly alarming to me. tion expresses the sense of the House of Rep- TERFERENCE WITH POLITICAL Terence Freitas, an activist and student at the resentatives which condemns the murders of FREEDOM IN PERU University of California-Berkeley, was a con- Ingrid Washinawatok, Terence Freitas, and Mr. BEREUTER. Mr. Speaker, I move stituent of mine. Ingrid, Lahe'ena'e and Ter- Lahe'ena'e Gay. to suspend the rules and agree to the H9262 CONGRESSIONAL RECORD — HOUSE October 4, 1999 resolution (H. Res. 57) expressing con- ment of Peru to reinstate the 3 dismissed with freedom of expression in Peru. cern over interference with freedom of magistrates, enabling the Constitutional These acts of intimidation were precip- the press and the independence of judi- Tribunal to rule on constitutional issues, to itated by Channel 2’s expose´s of abuses, cial and electoral institutions in Peru, fully restore the National Council of the Ju- including alleged torture and murder, diciary’s power to nominate and dismiss as amended. judges and prosecutors, and to cease the re- by Peru’s intelligence service. The Clerk read as follows: curring practice of overruling, transferring, The Committee to Protect Journal- ists asserts that the government of H. RES. 57 or removing judges whose decisions did not Peru ‘‘has continued to hound Mr. Whereas interference with freedom of the coincide with the views of the Government of press and the independence of judicial and Peru: Now, therefore, be it Ivcher, initiating legal action against Resolved, That it is the sense of the House electoral institutions in Peru contributes to him, harassing his family, and mount- of Representatives that— an erosion of democracy and the rule of law ing an orchestrated misinformation (1) the erosion of the independence of judi- in Peru; campaign to discredit him.’’ cial and electoral branches of the Govern- Whereas freedom of the press in Peru is ment of Peru, the interference with freedom Mr. Speaker, just today, a small op- under assault, and the Department of State’s of the press, and the blatant intimidation of position newspaper, ‘‘Referendum,’’ Peru Country Report on Human Rights Prac- journalists in Peru constitute a threat to de- stopped publishing amid allegations tices for 1998, found that ‘‘[t]he Government mocracy in that country and are matters for that the government of Peru applied infringed on press freedom [. . . and] concern by the United States as a member of [j]ournalists faced increased harassment and pressure to force the newspaper out of the Inter-American community; intimidation’’; business. Several members of this Whereas the Department of State’s Peru (2) the United States Government and newspaper’s editorial board used to Country Report on Human Rights Practices other members of the Inter–American com- work for Channel 2. for 1997, found that ‘‘[i]ncidents of harass- munity should review the forthcoming re- This resolution will put the House of port of an independent investigation con- ment of media representatives increased to Representatives on record expressing such an extent as to create the perception of ducted recently by the Inter–American Com- mission on Human Rights of the Organiza- bipartisan concern over the erosion of an organized campaign of intimidation on the independence of the judicial and the part of the Government, specifically, on tion of American States on the condition of the part of the armed forces and intelligence and threats to democracy, freedom of the electoral branches of Peru’s govern- services’’; press, and judicial independence in Peru; and ment and the intimidation of journal- Whereas the Organization of American (3) representatives of the United States in ists in Peru. These concerns have also States’ Special Rapporteur on Freedom of Peru and to international organizations, in- been heightened by Peru’s effective Expression has called on the Government of cluding the Organization of American withdrawal from the Inter-American Peru to cease all official harassment of jour- States, the World Bank, the Inter–American Development Bank, and the International Court of Human Rights. nalists and to investigate and prosecute all Mr. Speaker, I urge my colleagues to abuses of freedom of speech and of the press; Monetary Fund, should make clear the con- cern of the United States concerning threats support H. Res. 57. Whereas Freedom House now classifies Mr. Speaker, I reserve the balance of Peru as the only country in the Western to democracy and violations of the rule of Hemisphere, other than Cuba, where the law in Peru. my time. press is ‘‘not free’’; The SPEAKER pro tempore. Pursu- Mr. DAVIS of Florida. Mr. Speaker, I Whereas the Department of State’s Peru ant to the rule, the gentleman from yield myself such time as I may con- Country Report on Human Rights Practices Nebraska (Mr. BEREUTER) and the gen- sume. for 1997 states that Channel 2 television sta- tleman from Florida (Mr. DAVIS) each Mr. Speaker, I join the gentleman tion reporters in Peru ‘‘revealed torture by will control 20 minutes. from Nebraska (Mr. BEREUTER) in Army Intelligence Service officers [and] the The Chair recognizes the gentleman strongly supporting this resolution. It systematic wiretapping of journalists, gov- from Nebraska (Mr. BEREUTER). basically details two matters of signifi- ernment officials, and opposition politi- cant concern as far as the history of cians’’; GENERAL LEAVE Whereas on July 13, 1997, the Government Mr. BEREUTER. Mr. Speaker, I ask democracy in Peru as well as that part of Peru revoked the Peruvian citizenship of unanimous consent that all Members of the world. the Israeli-born owner of the Channel 2 tele- may have 5 legislative days within The first, as the gentleman from Ne- vision station, Baruch Ivcher, effectively re- which to revise and extend their re- braska has alluded to, is the disregard moving him from control of Channel 2, lead- marks on this measure. by President Fujimori for the inde- ing the Department of State to conclude pendence of the judiciary and the fail- that ‘‘the Government’s action in this case The SPEAKER pro tempore. Is there objection to the request of the gen- ure to recognize some separation of was widely interpreted as an attempt to pre- powers in terms of upholding the con- vent the station from broadcasting any more tleman from Nebraska? negative stories about the regime’’; There was no objection. stitutional prohibition against three Whereas the Government of Peru has Mr. BEREUTER. Mr. Speaker, I yield terms of consecutive service by the issued an INTERPOL warrant for Baruch myself such time as I may consume. President. The second is a clear case of Ivcher’s arrest and brought criminal pro- (Mr. BEREUTER asked and was given abuse with respect to the freedom of ceedings against him, against members of his permission to revise and extend his re- the press which I agree should be seri- immediate family, and against his former as- marks.) ously investigated by outside credible sociates to secure lengthy prison sentences Mr. BEREUTER. Mr. Speaker, the authorities. These are but two exam- against them; ples of threats to democracy in a coun- Whereas the Inter–American Commission gentleman from New York (Mr. GIL- on Human Rights found human rights viola- MAN) and the gentleman from Con- try that is in a position to be a partner tions against Baruch Ivcher by the Govern- necticut (Mr. GEJDENSON) of the Com- and an agent in cooperation with the ment of Peru in this case and on March 31, mittee on International Relations United States in Latin America. But 1999, submitted the case to the Inter–Amer- joined in introducing this resolution to actions like this really threaten that ican Court of Human Rights; underscore Congress’ concern about the relationship. And so it is important Whereas persecution of journalists in Peru harassment of journalists and over that we pass this resolution to send an is so grave that several Peruvian journalists signs that the independence of Peru’s appropriate message to Peru that they have sought political asylum in the United need to reverse these actions and get States; judiciary is being substantially under- Whereas actions related to efforts to au- mined. back to a more proper course toward thorize President Alberto Fujimori to seek a The Committee to Protect Journal- democracy. third term in office have raised questions ists, CPJ, has documented ‘‘attacks Mr. GILMAN. Mr. Speaker, Representative about the independence of the National Elec- that confirm our suspicion of a coordi- Lee Hamilton and I initially introduced this res- tion Board in Peru; nated government campaign to dis- olution in the 105th Congress to express our Whereas the independence of Peru’s judici- credit and undermine the independent concern over intererence with freedom of the ary has been brought into question since the media in Peru.’’ press and the independence of judicial and dismissal of 3 Constitutional Tribunal mag- The continuing actions taken by the electoral institutions in Peru. I am pleased that istrates on May 29, 1997, and by continuing control of judicial matters by the executive government of Peru against Baruch the Ranking Minority Member of our Inter- branch; and Ivcher, the Israeli-born owner of tele- national Relations Committee, the gentleman Whereas the Inter-American Commission vision station Channel 2, have become from Connecticut, Mr. GEJDENSON joined me in on Human Rights has called on the Govern- emblematic of government interference reintroducing this resolution. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9263 The Committee to Protect Journalists, which branches of the government of Peru, along 33 judges of the Supreme Court, have provi- has repeatedly expressed concern to the Pe- with the intimidation of journalists within the sional or temporary status only. Critics charge ruvian government for the safety of journalists country, are major concerns of the United that, since these judges lack tenure, they are covering the military and the National Intel- States. I also support the United States pursuit much more susceptible to outside pressures, ligence Service, wrote to me earlier this year of an independent investigation and report by further crippling the judicial process. to strongly urge that I reintroduce this resolu- the Inter-American Commission on Human Increased economic and social stability has tion. The Committee to protect Journalists in- Rights of the Organization of American States resulted in a substantial increase in U.S. in- formed me ``Not only have we failed to receive on threats to freedom and judicial independ- vestment and tourism in Peru in recent years. an official response to any of our protest let- ence in Peru. In 1997, approximately 140,000 U.S. citizens ters, but we continue to document attacks that The Constitution in Peru provides for free- visited Peru for business, tourism and study. confirm our suspicion of a coordinated govern- dom of speech and of the press. It provides About 10,000 Americans reside in Peru and ment campaign to discredit and undermine the for a judicial system free from the executive over 200 U.S. companies are represented in independent media in Peru.'' branch. Today, human rights reporting have the country. U.S. relations improved with Peru I have been one of Peru's strongest sup- provided an assessment of Peru that is caus- after the 1992 auto-coup when the country un- porters in Congress. There is no question that ing concern. For although, the Constitution of dertook steps to restore democratic institutions Peru has made it back from the brink of the Peru provides for these fundamental rights and to address human rights problems related abyss. Not so many years ago, Peru was a and privileges, recent actions are dem- to counter-terrorism efforts. terrorized nation. onstrating the Government of Peru is limiting I urge my colleagues to support with me this Peru has become a good partner in our war these rights. effort designed to continue U.S. promotion of against drugs. The drop of coca prices in Peru The press in Peru represents a wide spec- the strengthening of democratic institutions to historically low levels provided a real oppor- trum of opinion, ranging from left-leaning op- and human rights safeguards in Peru. tunity to help farmers grow legitimate crops. I position views to those favoring the Govern- Mr. DAVIS of Florida. Mr. Speaker, I was pleased to encourage our European allies ment. In the greater Lima area alone, there yield back the balance of my time. to join us in seizing this opportunity to promote are 16 daily newspapers, 7 television stations, Mr. BEREUTER. Mr. Speaker, I urge meaningful alternative development in Peru. 68 radio stations, and 2 commercial cable sys- strong support of H. Res. 57. Nonetheless, I continue to be alarmed with tems. The Government owns one daily news- Mr. Speaker, I have no further re- regard to the harassment of journalists and paper, one television network, and two radio quests for time, and I yield back the signs that the independence of Peru's judiciary stations, none of which is particularly influen- balance of my time. is being substantially undermined. tial. However, in order to avoid provoking gov- The SPEAKER pro tempore. The The continuing actions taken by the govern- ernment retribution, the Peruvian press prac- question is on the motion offered by ment of Peru against Baruch Ivcher, the tices a degree of self-censorship. the gentleman from Nebraska (Mr. BE- Israeli-born owner of television station Chan- Government accusations of treason against REUTER) that the House suspend the nel 2, have become emblematic of govern- investigative journalists, the ordeal of Baruch rules and agree to the resolution, ment interference with freedom of expression Ivher who lost control of his television station, House Resolution 57, as amended. in Peru. These acts of intimidation were pre- harassment of media representatives in- The question was taken; and (two- cipitated by Channel 2's exposeÂs of abusesÐ creased to such a degree that it appears to be thirds having voted in favor thereof) including alleged torture and murderÐby an organized campaign of intimidation on the the rules were suspended and the reso- Peru's intelligence service. part of the Government, are areas of concern lution, as amended, was agreed to. The Government of Peru, which revoked Mr. for democratic institutions. A full report, by an The title of the resolution was Ivcher's Peruvian citizenship, issued him a independent counsel, is justified to understand amended so as to read: ‘‘Resolution ex- new Peruvian passport. Nonetheless, the gov- the extent of the problem. pressing concern over erosion of de- ernment of Peru has continued to pursue high- The Constitution provides also for an inde- mocracy and the rule of law in Peru, ly questionable legal proceedings against Mr. pendent judiciary; however, documents allege including interference with freedom of Ivcher and his family and against former asso- in practice the judicial system is inefficient, the press and independence of judicial ciates. Recently, the former general manager often corrupt, and easily manipulated by the and electoral institutions.’’. of Channel 2, was sentenced to four years in executive branch. As a result, public con- A motion to reconsider was laid on prison. The Committee to Protect Journalists fidence in the judiciary is low. the table. There is a three-tier court structure: lower asserts that the government of Peru ``. . . has f continued to hound Mr. IvcherÐinitiating legal courts, superior courts, and the Supreme action against him, harassing his family, and Court. A Constitutional Tribunal rules on the ABRAHAM LINCOLN BICENTENNIAL mounting an orchestrated misinformation cam- constitutionality of congressional legislation COMMISSION ACT paign to discredit him.'' and government actions; a National judiciary Mrs. BIGGERT. Mr. Speaker, I move Just today, a small opposition newspaper, Council tests, nominates, confirms, evaluates, to suspend the rules and pass the bill Referendum, stopped publishing amid allega- and disciplines judges and prosecutors; and a (H.R. 1451) to establish the Abraham tions that the government of Peru applied Judicial Academy trains judges and prosecu- Lincoln Bicentennial Commission, as pressure to force the newspaper out of busi- tors. The Government moved to limit the inde- amended. ness. Several members of this newspaper's pendence of the Constitutional Tribunal almost The Clerk read as follows: editorial board used to work for Channel 2. from its inception in 1995 and continued such This resolution will put the House of Rep- efforts in subsequent years. By year's end, the H.R. 1451 resentatives on record expressing bipartisan Peruvian Congress still had not taken any Be it enacted by the Senate and House of concern over the erosion of the independence steps to replace the three judges ousted from Representatives of the United States of America in Congress assembled, of judicial and electoral branches of Peru's the Constitutional Tribunal after they voted SECTION 1. SHORT TITLE. government and the intimidation of journalists against the interpretation allowing President This Act may be cited as the ‘‘Abraham in Peru. These concerns have only been Fujimori a third term. An action that seems to Lincoln Bicentennial Commission Act’’. heightened by Peru's effective withdrawal from be punitive just due to its subject matter. This SEC. 2. FINDINGS. the Inter-American Court of Human Rights. effectively paralyzed the Court's ability to rule The Congress makes the following findings: These are matters of concern to United States on any constitutional issues for lack of a (1) Abraham Lincoln, the 16th President, and all nations of the Hemisphere. quorum. was one of the Nation’s most prominent Peru's good efforts in our shared fight The Peruvian Government cites its efforts to leaders, demonstrating true courage during against drugs deserve our recognition and revamp its judicial system. It is commendable the Civil War, one of the greatest crises in strong support. However, the United States that administrative and technical progress is the Nation’s history. should not turn a blind eye to interference with occurring in the area of caseload reduction (2) Born of humble roots in Hardin County, freedom of the press and the independence of and computerization but little has been done Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a judicial and electoral institutions of Peru. to restore the judiciary's independence from legacy of honesty, integrity, intelligence, Ms. JACKSON-LEE of Texas. Mr. Speaker, the executive. Of the country's 1,531 judges, and commitment to the United States. I rise to support H. Res. 57, expressing the less than half, only 574 have permanent ap- (3) With the belief that all men were cre- sense of Congress that the erosion of the pointments, having been independently se- ated equal, Abraham Lincoln led the effort independence of the judicial and electoral lected. The remaining 957, including 19 of the to free all slaves in the United States. H9264 CONGRESSIONAL RECORD — HOUSE October 4, 1999

(4) Abraham Lincoln had a generous heart, (b) QUALIFIED CITIZEN.—A qualified citizen ment or agency shall furnish that informa- with malice toward none and with charity described in this subsection is a private cit- tion to the Commission. for all. izen of the United States with— (d) MAILS.—The Commission may use the (5) Abraham Lincoln gave the ultimate (1) a demonstrated dedication to educating United States mails in the same manner and sacrifice for the country he loved, dying others about the importance of historical under the same conditions as other depart- from an assassin’s bullet on April 15, 1865. figures and events; and ments and agencies of the United States. (6) All Americans could benefit from study- (2) substantial knowledge and appreciation (e) ADMINISTRATIVE SUPPORT SERVICES.— ing the life of Abraham Lincoln, for his life of Abraham Lincoln. Upon the request of the Commission, the Ad- is a model for accomplishing the ‘‘American (c) TIME OF APPOINTMENT.—Each initial ap- ministrator of General Services shall provide Dream’’ through honesty, integrity, loyalty, pointment of a member of the Commission to the Commission, on a reimbursable basis, and a lifetime of education. shall be made before the expiration of the the administrative support services nec- (7) The Year 2009 will be the bicentennial 120-day period beginning on the date of the essary for the Commission to carry out its anniversary of the birth of Abraham Lincoln, enactment of this Act. responsibilities under this Act. and a commission should be established to (d) CONTINUATION OF MEMBERSHIP.—If a SEC. 8. REPORTS. study and recommend to the Congress activi- member was appointed to the Commission as (a) INTERIM REPORTS.—The Commission ties that are fitting and proper to celebrate a Member of Congress and the member may submit to the Congress interim reports that anniversary in a manner that appro- ceases to be a Member of Congress, that as the Commission considers appropriate. priately honors Abraham Lincoln. member may continue as a member for not (b) FINAL REPORT.—The Commission shall SEC. 3. ESTABLISHMENT. longer than the 30-day period beginning on transmit a final report to the Congress not There is established a commission to be the date that member ceases to be a Member later than the expiration of the 4-year period known as the Abraham Lincoln Bicentennial of Congress. beginning on the date of the formation of the Commission (in this Act referred to as the (e) TERMS.—Each member shall be ap- Commission. The final report shall contain— ‘‘Commission’’). pointed for the life of the Commission. (1) a detailed statement of the findings and conclusions of the Commission; SEC. 4. DUTIES. (f) VACANCIES.—A vacancy in the Commis- The Commission shall have the following sion shall be filled in the manner in which (2) the recommendations of the Commis- duties: the original appointment was made. sion; and (1) To study activities that may be carried (g) BASIC PAY.—Members shall serve with- (3) any other information the Commission out by the Federal Government to determine out pay. considers appropriate. whether they are fitting and proper to honor (h) TRAVEL EXPENSES.—Each member shall SEC. 9. TERMINATION. Abraham Lincoln on the occasion of the bi- receive travel expenses, including per diem The Commission shall terminate 120 days centennial anniversary of his birth, in lieu of subsistence, in accordance with after submitting its final report pursuant to including— sections 5702 and 5703 of title 5, United States section 8. (A) the minting of an Abraham Lincoln bi- Code. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. centennial penny; (i) QUORUM.—5 members of the Commission There are authorized to be appropriated (B) the issuance of an Abraham Lincoln bi- shall constitute a quorum but a lesser num- such sums as may be necessary to carry out centennial postage stamp; ber may hold hearings. this Act. (C) the convening of a joint meeting or (j) CHAIRPERSON.—The Chairperson shall be SEC. 11. BUDGET ACT COMPLIANCE. joint session of the Congress for ceremonies designated by the President from among the Any spending authority (as defined in sub- and activities relating to Abraham Lincoln; members of the Commission appointed under paragraphs (A) and (C) of section 401(c)(2) of (D) a redesignation of the Lincoln Memo- section 5(a)(1). The term of office of the the Congressional Budget Act of 1974 (2 rial, or other activity with respect to the Chairperson shall be for the life of the Com- U.S.C. 651(c)(2)(A) and (C))) under this Act Memorial; and mission. shall be effective only to such extent and in (E) the acquisition and preservation of ar- (k) MEETINGS.—The Commission shall meet such amounts as are provided in appropria- tifacts associated with Abraham Lincoln. at the call of the Chairperson. Periodically, tion Acts. (2) To recommend to the Congress the ac- the Commission shall hold its meeting in The SPEAKER pro tempore. Pursu- tivities that the Commission considers most Springfield, Illinois. ant to the rule, the gentlewoman from fitting and proper to honor Abraham Lincoln SEC. 6. DIRECTOR AND STAFF. Illinois (Mrs. BIGGERT) and the gen- (a) DIRECTOR.—The Commission may ap- on such occasion, and the entity or entities tleman from Maryland (Mr. CUMMINGS) in the Federal Government that the Commis- point and fix the pay of a Director and any additional personnel as the Commission con- each will control 20 minutes. sion considers most appropriate to carry out The Chair recognizes the gentle- such activities. siders appropriate. woman from Illinois (Mrs. BIGGERT). SEC. 5. MEMBERSHIP. (b) APPLICABILITY OF CERTAIN CIVIL SERV- (a) NUMBER AND APPOINTMENT.—The Com- ICE LAWS.— GENERAL LEAVE mission shall be composed of 15 members ap- (1) DIRECTOR.—The Director of the Com- Mrs. BIGGERT. Mr. Speaker, I ask pointed as follows: mission may be appointed without regard to unanimous consent that all Members (1) 3 members, each of whom shall be a the provisions of title 5, United States Code, may have 5 legislative days within qualified citizen described in subsection (b), governing appointments in the competitive which to revise and extend their re- service, and may be paid without regard to appointed by the President. marks on the bill, H.R. 1451. (2) 2 members, each of whom shall be a the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to clas- The SPEAKER pro tempore. Is there qualified citizen described in subsection (b), objection to the request of the gentle- appointed by the President on the rec- sification and General Schedule pay rates. ommendation of the Governor of Illinois. (2) STAFF.—The staff of the Commission woman from Illinois? (3) 2 members, each of whom shall be a shall be appointed subject to the provisions There was no objection. qualified citizen described in subsection (b), of title 5, United States Code, governing ap- Mrs. BIGGERT. Mr. Speaker, I yield appointed by the President on the rec- pointments in the competitive service, and myself such time as I may consume. ommendation of the Governor of Indiana. shall be paid in accordance with the provi- Mr. Speaker, I rise in support of H.R. (4) 2 members, each of whom shall be a sions of chapter 51 and subchapter III of 1451, the Abraham Lincoln Bicenten- qualified citizen described in subsection (b), chapter 53 of that title relating to classifica- nial Commission Act, sponsored by the appointed by the President on the rec- tion and General Schedule pay rates. gentleman from Illinois (Mr. LAHOOD). ommendation of the Governor of Kentucky. SEC. 7. POWERS. H.R. 1451 authorizes a 15-member (5) 2 members, each of whom shall be Mem- (a) HEARINGS AND SESSIONS.—The Commis- commission to begin national planning bers of the House of Representatives from sion may, for the purpose of carrying out for the celebration of the 200th anni- the State of Illinois, appointed by the Speak- this Act, hold hearings, sit and act at times er of the House of Representatives. and places, take testimony, and receive evi- versary of the birth of our Nation’s (6) 1 member, who shall be a Senator from dence as the Commission considers appro- 16th President, Abraham Lincoln. This the State of Illinois, appointed by the Major- priate. commission would be authorized for 4 ity Leader of the Senate. (b) POWERS OF MEMBERS AND AGENTS.—Any years and is charged with developing (7) 1 member, who shall be a Senator, ap- member or agent of the Commission may, if and reporting to Congress rec- pointed by the Majority Leader of the Sen- authorized by the Commission, take any ac- ommendations on activities that ap- ate. tion which the Commission is authorized to propriately honor this great man and (8) 1 member, who shall be a Member of the take by this section. his accomplishments. House of Representatives, appointed by the (c) OBTAINING OFFICIAL DATA.—The Com- Let me borrow from a line from Lin- Minority Leader of the House of Representa- mission may secure directly from any de- tives. partment or agency of the United States in- coln’s Gettysburg Address and say that (9) 1 member, who shall be a Senator, ap- formation necessary to enable it to carry out it is altogether fitting and proper that pointed by the Minority Leader of the Sen- this Act. Upon request of the Chairperson of we should do this. It goes without say- ate. the Commission, the head of that depart- ing that Abraham Lincoln was one of October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9265 our greatest, if not the greatest, Presi- H.R. 1451 carries the spirit of this Lincoln was elected President in 1860 dents of the United States. Lincoln led commission. The commission called for when the United States was no longer our country through its most chal- on this bill will provide recommenda- united. Believing that cession was ille- lenging time, the Civil War. He was a tions that will help this body recognize gal, he was prepared to use force to de- man who sought to unite rather than Lincoln’s birth as well as the greatness fend the Union and did so. The Civil to divide, urging a nation battered by of the man well into the next millen- War began in 1861 and would last 4 war to ‘‘bind up its wounds.’’ Perhaps nium. years, costing the lives of over 500,000 most importantly, he was a man who Let me add that the manager’s Americans. stood on principle and believed in the amendment we are considering today On November 16, 1863, in the midst of greatness of this Nation and its people. amends the bill that was unanimously the war on a battlefield near Gettys- Abraham Lincoln’s every word and approved by the Committee on Govern- burg, Pennsylvania, President Lincoln action were based on the founding prin- ment Reform. It authorizes four addi- presented to the people his vision for ciple of our Nation, that all are created tional members of the commission, our Nation, conceived in liberty where equal, and none can be denied their adding two each from Kentucky and In- everyone is created equal. This speech natural rights by government or unjust diana. Given that Abraham Lincoln known as the Gettysburg address laws. This principle, which forms the was born in Harding County, Kentucky, shaped the destiny of the United States basis for our Declaration of Independ- on February 12, 1809, and spent forma- of America, that government of the ence and the moral foundation for our tive years in Indiana, this is an appro- people and by the people should be for Constitution, lives on today and con- priate change, and I urge its adoption. all people regardless of race, or color, tinues to serve this country well. This manager’s amendment has also Mr. Speaker, Abraham Lincoln de- or gender. For this, Mr. Speaker, Mr. been modified to address concerns Lincoln lost his life in the balcony of scribed the nobility of our experi- about the authority to accept gifts, be- mental form of government more elo- the Ford’s Theatre in 1865 right here in quests, and donations that have been Washington, D.C. quently than any other national lead- included in the bill marked up by the The bicentennial commission will er. He did so in a matter of moments Committee on Government Reform. recommend to Congress what activities on the battlefield at Gettysburg. The Committee on Ways and Means ex- and actions should be taken to cele- The Gettysburg Address was a reaf- pressed concerns about that provision, brate the life of this great man. The firmation of the principle that no per- and we have deleted such authority commission’s recommendations to this son can rightfully governor others since it is not necessary to the com- without their consent. It was also a body should reflect how a man of hum- mission’s authority to make rec- testimony to the greatness of our form ble roots rose to the Presidency of the ommendations for further action. of government and to the American I am proud to offer this legislation, United States and the diversity and people. and I am proud that the gentleman uniqueness of this great Nation. It Through his famous debates with should send a message to all of our from Illinois (Mr. LAHOOD) gave me the Stephen Douglas, Lincoln reminded the chance to manage this bill and to be a young people that they can, too, start citizens of my home State of Illinois, cosponsor of the bill, and I encourage in humble beginnings; but it will not as well as those residing in other parts the support of all Members. matter where they were born or who of the country, that there are limits to Mr. Speaker, I reserve the balance of they were born to, it is what they do any form of government, even the my time. with the life that they have been given. democratic principle of majority rule. Mr. CUMMINGS. Mr. Speaker, I yield Again, I commend the gentleman Lincoln opposed the doctrine of what myself such time as I may consume. from Illinois (Mr. LAHOOD) and the was then called ‘‘popular sovereignty.’’ I, too, want to take a moment to gentlewoman from Illinois (Mrs. In contrast to Douglas, Lincoln recog- thank the gentleman from Illinois (Mr. BIGGERT) for working with me and the nized that a too narrow interpretation LAHOOD) for sponsoring this very im- Democratic Illinois delegation to for- of the doctrine of majority rule could portant legislation. I think it is very mulate bipartisan language that would lead to the misguided conclusion if one important that we take time to recog- expand the membership of the commis- man would enslave another, no third nize those people who came upon this sion to allow the House minority lead- person should intervene. Lincoln also recognized that a house Earth, saw it, saw the problems with it er and the Senate minority leader to divided against itself cannot stand. He and tried to change it to make it bet- each appoint one Member of Congress stood tall, fighting for what provided ter; and so I thank him, and I want to to the commission. That is so impor- the American people a new birth of thank our ranking member of our com- tant because I think that is the way freedom. mittee and the gentlewoman from Illi- Lincoln would have wanted it. The Just before an assassin ended his life, nois (Mrs. BIGGERT), the entire Illinois commission’s bipartisan membership Lincoln outlined the approach to Re- delegation, and certainly the chairman will further honor the memory and construction that would proceed, of the committee and the chairman of works of Abraham Lincoln. ‘‘With malice toward none, with char- the subcommittee. Mr. Speaker, I reserve the balance of ity toward all.’’ His spirit defines the Mr. Speaker, the legislation before us my time. today establishes a bicentennial com- best of the American experiment and Mrs. BIGGERT. Mr. Speaker, I yield mission to celebrate the life and ac- appeals to the better angels of our na- 4 minutes to the gentleman from Illi- complishments of this Nation’s 16th ture. nois (Mr. LAHOOD), my friend and col- President, Abraham Lincoln. In many As we approach the new millennium, league and sponsor of this important respects Abraham Lincoln was an ordi- it is entirely fitting that Congress legislation. adopt this commission bill now. The nary man who throughout his life did many extraordinary things. Mr. LAHOOD. Mr. Speaker, I thank principles that our declaration estab- the gentlewoman from Illinois (Mrs. lished and that Lincoln led us to sus- Mr. Lincoln was poor and struggled to educate himself. He encountered nu- BIGGERT) for yielding this time to me, tain are truly timeless. Congress au- and I also thank the gentleman from thorized a similar commission nearly merous business setbacks and chal- lenges. A captain in the Black Hawk Maryland (Mr. CUMMINGS) for his re- 100 years ago. It was the recommenda- marks that he made in the committee tions of that commission that created War, Lincoln practiced law and spent 8 years in the Illinois legislature. In 1836, which were very eloquent last week the Lincoln Memorial which stands so about President Lincoln. prominently today in our Nation’s Cap- Lincoln was elected to Congress and ital. served two terms. Lincoln took 5 years Mr. Speaker, I am here today to cele- off from politics to focus on his law brate the life and legacy of President b 1545 practice. When he returned to the po- Abraham Lincoln by asking for my col- This same commission also approved litical arena in 1854, he took an un- leagues’ support for H.R. 1451, the the placing of Lincoln’s image on a popular stance. He opposed the Kansas Abraham Lincoln Bicentennial Com- stamp and made the day of Lincoln’s Nebraska Act which threatened to ex- mission Act of 1999. The bill will estab- birth a national holiday. tend slavery to other States. lish a commission, the purpose of H9266 CONGRESSIONAL RECORD — HOUSE October 4, 1999 which would be to make recommenda- Throughout the campaign, Lincoln eloquent use of the English language. tions to Congress for a national pro- stated that the U.S. could not survive He clung to the highest ethical stand- gram to honor President Abraham Lin- as half slave and half free States. In a ards throughout his political career, coln in the year 2009, the bicentennial famous campaign speech on June 17, earning the nickname Honest Abe. He celebration of his birth. For decades Lincoln declared, I quote, ‘‘a House di- was fiercely devoted to his family, and historians have acknowledged him as vided against itself cannot stand,’’ end he put the interests of his country one of our country’s greatest Presi- quote. Additionally, the famous Lin- above his own, which ultimately led to dents. As our 16th President, Lincoln coln–Douglas debates drew the atten- his assassination. He was born into ob- served the country during a most pre- tion of the entire Nation. Although scurity but earned the gratitude and carious era. While most of the country Lincoln ultimately lost that campaign, love of his countrymen. looked to divide, President Lincoln he returned only 2 years later to run Lincoln’s story is one of America, fought for unity and eventually saved for the Presidency. Lincoln was elected and it serves as an inspiration to all of the Union. the 16th President on November 6, 1860, us. It is a story all posterity needs to With the belief that all men are cre- defeating the previous Senate oppo- learn, and it is incumbent on the Fed- ated equal, President Lincoln led the nent, Stephen A. Douglas. In one of the eral Government to use all available charge to free all slaves in America. most famous acts President Lincoln resources to preserve his legacy. Without the determination and wisdom enacted, the emancipation proclama- To borrow a quote from one of his of President Lincoln, our country, as tion went into effect on January 1, most famous addresses, ‘‘It is alto- we know it, may not exist today. 1863. gether fitting and proper that we President Lincoln also serves as a na- After discussing this issue with Rep- should do this.’’ tional symbol of the American dream. resentative RON LEWIS of Kentucky, we Born of humble roots in Hardin Coun- I urge my colleagues to support the both agree that the commission should Abraham Lincoln Bicentennial Com- ty, Kentucky, on February 12, 1809, strongly consider Hodgenville, Ken- Abraham Lincoln rose to the Presi- mission Act. As Edwin Stanton said tucky, the birthplace of Abraham Lin- upon the President’s death, ‘‘Now he dency through a legacy of honesty, in- coln, as the site for its inaugural meet- tegrity, intelligence, and commitment belongs to the ages.’’ We have an op- ing. portunity today to make sure Presi- to the United States of America. In Abraham Lincoln is remembered for 1909, America celebrated the centennial dent Lincoln remains a man for the his vital role as the leader in pre- ages by passing this legislation. of President Lincoln’s birth in a man- serving the Union and beginning the ner deserving of the accomplishments. Mr. Speaker, it is my hope that this process that led to the end of slavery in commission will be able to conduct one Congress approved placing the image of the United States. He also is remem- President Lincoln on a first-class of its meetings in Hodgenville, Ken- bered for his character, his speeches, tucky, the birthplace of Abraham Lin- stamp for the first time, made Presi- his letters, and a man of humble origin dent Lincoln’s birth a national holiday, coln. whose determination and preservation and passed legislation leading to the Mr. CUMMINGS. Mr. Speaker, I yield led him to the Nation’s highest office. myself such time as I may consume. construction of the Lincoln Memorial I would like to acknowledge the as- Mr. Speaker, finally, I think that, as here in Washington, D.C. sistance of the, as I mentioned earlier, Further, President Theodore Roo- my colleagues know, when we think to the gentleman from Maryland (Mr. sevelt approved placing the image of about the life of Abraham Lincoln, his CUMMINGS), to the gentlewoman from President Lincoln on the penny. words of the Gettysburg Address were Illinois (Mrs. BIGGERT), also Chuck As in 1909, the Congress again should just so profound; and I just repeat Schierer and Peter Kovlar, who origi- honor President Lincoln in 2009 by es- them, just a part of them, at this mo- nally brought this idea of a Lincoln tablishing the Abraham Lincoln Bicen- ment, for I think they still live in our commission to me, and their research tennial Commission. Through this hearts, and he simply said, and this is was invaluable to this important commission, Congress will be able to important, he said, ‘‘It is for the living demonstrate its appreciation for Abra- project. I ask all colleagues to join me in hon- rather to be dedicated here to the un- ham Lincoln’s accomplishments and finished work which they who fought ultimate sacrifice for our country. oring the memory of President Abra- ham Lincoln by supporting the Abra- here have thus far so nobly advanced. This commission will identify and It is rather for us to be here dedicated recommend to Congress appropriate ac- ham Lincoln Bicentennial Commission Act of 1999. to the great task remaining before us, tions to carry out this mission and that from these honored dead we take through the recommendations of this Mr. CUMMINGS. Mr. Speaker, I con- tinue to reserve the balance of my increased devotion to that cause for commission and subsequent acts of which they gave the last full measure Congress, the American people will time. Mrs. BIGGERT. Mr. Speaker, I yield of devotion, that we here highly re- benefit by learning about the life of solve that these dead shall not have President Lincoln, and as an Illinoisan, 2 minutes to the gentleman from Ken- tucky (Mr. LEWIS). died in vain, that this Nation under I am proud of the fact that President God shall have a new birth of freedom, Lincoln considered Illinois his home Mr. LEWIS of Kentucky. Mr. Speak- er, I rise today to support the Abraham and that government of the people, by for virtually all of his adult life. the people, for the people shall not per- In 1837 Lincoln moved to Springfield, Lincoln Bicentennial Commission Act. ish from the Earth.’’ Illinois, which is an area that I rep- Abraham Lincoln is rightly considered resent along with the gentleman from one of America’s greatest Presidents. With that, Mr. Speaker, I urge all of our colleagues to support this legisla- Illinois (Mr. SHIMKUS) where he estab- He occupied the White House through 4 lished a law office and quickly earned a of our country’s darkest years and was tion. reputation as an outstanding trial law- faced with the prospect of uniting our Mr. Speaker, I yield back the balance yer. He served in the State legislature country torn asunder by civil war. of my time. from 1834 to 1842 and was elected to Through his leadership and persever- Mrs. BIGGERT. Mr. Speaker, I yield this House of Representatives in 1846 as ance, Mr. Speaker, our country and myself such time as I may consume. a member of the Whig party, and 9 of system of government was preserved. H.R. 1451 provides a means to begin the 14 counties that I currently rep- While it is impossible to overlook his this national period of reflection and resent were once represented by Abra- contributions to America from the recognition. I thank my colleagues for ham Lincoln. White House, there is much more to their eloquent and elegant words on be- Lincoln joined the Republican party the story of Abraham Lincoln that en- half of Abraham Lincoln. I appreciated in 1856 and ran for the U.S. Senate from dears in the hearts and minds of his working with the gentleman from Illi- Illinois against Stephen Douglas in countrymen. Lincoln was born to hum- nois (Mr. LAHOOD), with the gentleman 1858. As a candidate for that office, ble roots in Hodgenville, Kentucky, lo- from Maryland (Mr. CUMMINGS) from Lincoln rose from relative obscurity to cated within my district. He was large- the minority, and my colleagues from become a nationally known political ly self-educated, yet became one of our Kentucky and Indiana to strengthen figure. country’s greatest statesmen with his this legislation. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9267 b 1600 tually becoming a center of the community EXPRESSING THE SENSE OF CON- I am proud to have brought this leg- due largely to Young Abe's popularity. Once GRESS REGARDING BROOKLYN islation to the floor, and I ask for the he was asked what he expected to make of MUSEUM OF ART EXHIBIT FEA- full support of all Members. himself, and replied that he would ``be Presi- TURING WORKS OF A SACRILE- Mr. SOUDER. Mr. Speaker, Abraham Lin- dent of the United States.'' GIOUS NATURE coln spent his formative years in Indiana, and Mr. Speaker, Indiana takes pride in its con- Mr. DEMINT. Mr. Speaker, I move to as a Hoosier I would like to rise in strong sup- tributions to the life of President Lincoln, and suspend the rules and agree to the con- port of this bill providing for commemoration of we greatly look forward to the work of the current resolution (H. Con. Res. 191) ex- the bicentennial of his birth. Commission in honoring him and reminding pressing the sense of Congress that the I would like to begin by thanking the bill's Americans of his legacy. I urge my colleagues Brooklyn Museum of Art should not re- sponsor, the gentleman from Illinois, Mr. to support this bill. ceive Federal funds unless it cancels LAHOOD, and the gentlelady from Illinois, Mrs. Ms. SCHAKOWSKY. Mr. Speaker, I rise its upcoming exhibit feature works of a BIGGERT for their willingness to work with me today in strong support of H.R. 1451, the sacrilegious nature, as amended. to include representation from the states of In- The Clerk read as follows: Abraham Lincoln Bicentennial Commission diana and Kentucky on the Commission to be H. CON. RES. 191 formed by this bill. Both states played signifi- Act. On behalf of my constituents in the 9th Congressional District of Illinois. I am a proud Whereas on October 2, 1999, the Brooklyn cant roles in the life and development of Abra- Museum of Art opened an exhibit entitled ham Lincoln, and I very much appreciate their cosponsor of H.R. 1451, legislation which ‘‘Sensation: Young British Artists from the recognition of this history and openness to in- seeks to further honor the life of a most honor- Saatchi Collection’’; cluding citizen members from each of these able individual, the sixteenth President of the Whereas this art exhibit features a dese- states on the Commission. United States and an American Hero, Abra- crated image of the Virgin Mary; The commission will celebrate the bicenten- ham Lincoln. Whereas the venerable John Cardinal nial of President Lincoln's birth in 1809, which H.R. 1451, would establish a commission to O’Connor considers the exhibit an attack on the Catholic faith, and is an affront to more took place in Hodgenville, Kentucky. At the study and recommend to Congress ways to than a billion Catholics worldwide; age of 7, young Abe Lincoln moved to South- celebrate the 200th anniversary of President Whereas the exhibit includes works which ern Indiana, and the family moved to Illinois in Lincoln's birth. The bicentennial of President are grotesque, immoral, and sacrilegious, 1830. As the National Park Service points out Lincoln's birth will be February 12, 2009. Al- such as one that glorifies criminal behavior at the Lincoln Boyhood National Memorial, he though 2009 is a long way off, planning a with a portrait of a convicted child murderer spent fourteen of the most formative years of celebration of the life, achievements and con- fashioned from small hand prints; his life and grew from youth to manhood in the tributions made by President Lincoln to the Whereas the Brooklyn Museum of Art’s ad- State of Indiana. His mother, Nancy Hanks United States is a task that deserves ade- vertisement acknowledges that the exhibit ‘‘may cause shock, vomiting, confusion, Lincoln, is buried at the site. And even today, quate time and resources. panic, euphoria, and anxiety’’; what is probably the largest private Lincoln The values taught by Abraham Lincoln's Whereas the Brooklyn Museum of Art re- Museum in America is in Fort Wayne, Indiana, leadership are celebrated today at the Lincoln fuses to close the exhibit, despite strong pub- in my district. Memorial in Washington, DC. Coming from the lic opposition to the show from religious Thomas Lincoln moved the family to an 80 State of Illinois, which is also known as the leaders, government officials, and the gen- eral population; acre farm in Perry County, Indiana after the ``Land of Lincoln,'' I was particularly moved crops had failed in Kentucky due to unusually Whereas the American taxpayer, through when shortly after being sworn into service in the National Endowment for the Arts and cold weather. He bought the land at what Congress, I visited the Lincoln Memorial. I even then was the bargain price of three dol- the National Endowment for the Humanities, look forward to the Memorial's rededication in provides funding to the Brooklyn Museum of lars an acre. Just days before, Indiana had 2009. Art; and become the 19th state in the union. The land Authorizing further commemorations of his Whereas the American taxpayer should not was still wild and untamed. President Lincoln be required to subsidize art that desecrates later recalled that he had ``never passed life and the issuance of a memorial stamp and religion and religious beliefs: Now, therefore, through a harder experience'' than traveling minting of a bicentennial coin, and other activi- be it through the woods and brush between the ties are appropriate ways to celebrate the life Resolved by the House of Representatives (the ferry landing on the Ohio river and his Indiana of this shining example of American value. Senate concurring), That it is the sense of Congress that the Brooklyn Museum of Art homesite. This observation speaks volumes President Lincoln lost his life at the early should not receive Federal funds unless it about the nature of the Hoosier frontier. age of 56, when he was shot and killed by an closes its exhibit featuring works of a sac- The family quickly settled into the log cabin assassin. Although President Lincoln's life was rilegious nature. with which we are all so familiar from our ear- taken at a young age, the values and lessons The SPEAKER pro tempore. Pursu- liest history lessons. Tom Lincoln worked as a he taught through his policies and his eternal ant to the rule, the gentleman from cask maker. Abe Lincoln worked hard during words of wisdom will remain with us forever. South Carolina (Mr. DEMINT) and the the days clearing the land, working with the I look forward to reviewing the rec- gentleman from Missouri (Mr. CLAY) crops, and reading over and over from his ommendations of the Abraham Lincoln Bicen- each will control 20 minutes. three books: the Bible, Dilworth's Speller, and tennial Commission and to celebrating with the The Chair recognizes the gentleman Aesop's Fables. He also wrote poems. Shortly people of Illinois and the entire nation the bi- from South Carolina (Mr. DEMINT). after the death of Nancy Hanks Lincoln, young centennial of his birth in 2009. I urge all mem- Mr. DEMINT. Mr. Speaker, I yield Abe attended a new one room schoolhouse. bers to vote in support of H.R. 1451. myself such time as I may consume. When his father remarried, his new step- Mr. Speaker, I am grateful to have Mrs. BIGGERT. Mr. Speaker, I yield mother Sally Bush Johnston brought four new this opportunity to bring House Con- back the balance of my time. books, including an elocution book. W. Fred current Resolution 191 to the floor. Conway pointed out in his book ``Young Abe The SPEAKER pro tempore (Mr. MIL- This resolution was submitted by my Lincoln: His Teenage Years in Indiana'' that LER of Florida). The question is on the distinguished colleague, the gentleman the future president after reading the book oc- motion offered by the gentlewoman from New York (Mr. SWEENEY). casionally ``would disappear into the woods, from Illinois (Mrs. BIGGERT) that the Mr. Speaker, this past weekend, the mount a stump, and practice making speeches House suspend the rules and pass the Brooklyn Museum of Art opened a con- to the other children.'' bill, H.R. 1451, as amended. troversial new art exhibit, despite Abraham Lincoln also received his first ex- The question was taken. strong objections from civic and reli- posure to politics and the issues that would gious leaders. As many know, the ex- Mr. LAHOOD. Mr. Speaker, on that I later dominate his presidency while in Indiana. demand the yeas and nays. hibit includes a desecrated portrait of One of his first jobs was at a general store the Virgin Mary, decaying animals, and meat market, which was owned by Wil- The yeas and nays were ordered. and a depiction of a child molester. liam Jones, whose father owned slaves in vio- The SPEAKER pro tempore. Pursu- These are just a few of the offensive lation of the Indiana State Constitution. This ant to clause 8 of rule XX and the items in an exhibit recognized and was Lincoln's first introduction to slavery. In Chair’s prior announcement, further celebrated for its shock value, an ‘‘over addition, he exchanged news and stories with proceedings on this motion will be the edge’’ flaunting of decay, defama- customers and passersby, with the store even- postponed. tion, and death. H9268 CONGRESSIONAL RECORD — HOUSE October 4, 1999 It is a show intended to ‘‘cause from funding the Brooklyn Museum The questions I asked in this resolu- shock, vomiting, confusion, panic, eu- showcase of a denigrating exhibit. tion are simple: Should the American phoria, and anxiety,’’ and those are the Mr. Speaker, I urge the adoption of taxpayer be required to send their words of the Brooklyn Museum. this important resolution. hard-earned tax dollars to a museum, Mr. Speaker, beauty may be in the Mr. Speaker, I reserve the balance of or other institution, that exhibits eye of the beholder, but I believe most my time. works of art, the likes of which feature American taxpayers do not have the Mr. CLAY. Mr. Speaker, I yield my- a portrait of the Virgin Mary dese- stomach to support the display of this self such time as I may consume. crated with elephant dung? Should tax- type of exhibit. No matter what we Mr. Speaker, I rise in opposition to payers’ dollars be used to glorify a con- think of this exhibit, we can all agree H. Con. Res. 191, which expresses the victed child murderer? Should Ameri- that the American taxpayers should sense of Congress that the Brooklyn cans that work 40, 50, 60 hours a week, not be forced to subsidize any exhibit Museum of Art should not receive Fed- be forced to turn over a portion of their that denigrates the beliefs and values eral funds unless it cancels its recently paychecks so that individuals can ex- opened exhibit entitled ‘‘Sensation.’’ that they hold most dear. press themselves in a manner that so First and foremost, I would like to Ten years ago, after the NEA funded offends so many? Andres Serrano’s defilement of the cru- express my utter disbelief that we are wasting valuable floor time on this res- Mr. Speaker, the resolution that I in- cifix, Congress directed the chair of the olution as the first session of the 106th troduce today answers a resounding National Endowment of the Arts to Congress draws to a close, and we have ‘‘no’’ to those questions. take into account ‘‘general standards not yet considered important issues Just this past Saturday, the Brook- of decency and respect’’ in awarding such as healthcare reform, increasing lyn Museum of Art opened that art Federal grant money to artists. Many the minimum wage, and preserving So- show featuring the aforementioned ex- artists protested that this was a viola- cial Security. hibits; and, as a result, the museum tion of free speech rights. Moreover, Mr. Speaker, we are 4 days has come under fire from many In June of 1998, however, the Su- into fiscal year 2000, with 11 of the 13 sources, many individuals, who share, preme Court upheld the constitu- annual appropriations bills still not en- as I do, the belief that this is just tionality of the decency clause. It was acted. If the Republicans cause the wrong. upheld because the court recognized Federal Government to shutdown in 2 The venerable Cardinal O’Connor of that the right of free expression does weeks, the Brooklyn Museum of Art New York City called the Exhibit ‘‘an not include the right to force others to will not get any Federal funding any- attack on religion itself, and, in a spe- pay for your expression. way. But aside from the Republican cial way, on the Catholic church.’’ Mr. Speaker, the Brooklyn Museum leadership’s complete disregard for ef- Coinciding with the exhibit’s open- is a great institution celebrating and fective time management, I am greatly ing, hundreds of people, with no other displaying great works of art for over concerned that this resolution con- vehicle to express their frustration, 176 years. It has been a gift to our chil- dones and encourages censorship and took to the steps of the museum to say dren, encouraging them to explore the sends a message that it is acceptable that public funding of such exhibits depths of their own creativity and for city officials to make funding deci- that promote hate, bigotry, and Catho- imagination. If there was ever a time sions based on their individual likes lic bashing is wrong. I wholeheartedly when we needed to encourage our chil- and dislikes. agree with them. That is why we have dren to honor beauty, it is now. If there Hitler’s dislike of avant-garde artists gone forward with this resolution. was ever a time to teach our children of his time, Picasso and Matisse, led to Since 1997, the Brooklyn Museum of about great works of art, of great the banishment of their works from painters, sculptures, and designers, it Art has received nearly $1 million Germany for 8 long years. through the National Endowment of is now. But the Brooklyn Museum’s Mr. Speaker, the Supreme Court has current exhibit is so extreme that chil- the Arts and the National/Endowment ruled on a number of occasions that for Humanities. When taxpayers decide dren are not allowed to view it unless the government cannot penalize indi- they are accompanied by a parent. to support the arts, I doubt these are vidual artists because their work is dis- the kinds of exhibits they have in It seems to me that our public art in- agreeable. We know that this resolu- stitutions should be a safe haven for mind. tion is really about the Republican Our resolution gives a voice to mil- our children, a place that honors the leadership’s continued attack on all highest standards of beauty, not the lions of Americans who are disgusted Federal funding of the arts. because they are being forced to fund lowest common denominator of human Mr. Speaker, I reserve the balance of this offensive exhibit. Furthermore, I depravity. my time. believe that most of my constituents Hard working Americans help sup- Mr. DEMINT. Mr. Speaker, I yield 5 port the Brooklyn Museum of Art minutes to the gentleman from New would join me in saying that this ex- hibit goes too far and is devoid of cul- through the National Endowment of York (Mr. SWEENEY). the Arts, the National Endowment of Mr. SWEENEY. Mr. Speaker, I thank turally redeeming value, by any stand- the Humanities, and the Institute of the gentleman for yielding me time, ard. Museum and Library Services. In the my good friend and class president. Mr. Speaker, as I said, the propo- past 3 years, taxpayers have paid over Mr. Speaker, let me start and say I sition before us is quite simple. How- $1 million to help fund the Brooklyn introduced this resolution at an impor- ever, there is a vocal minority that Museum. tant time in our Nation’s history. We wants to confuse the debate by sug- In a time when our communities are have, as we all know, violence perva- gesting our resolution is an attack on desperate for more art classes, local art sive throughout all sorts of elements in the First Amendment. museums, and children’s workshops, our society. We are in a period of great The ‘‘Sensation’’ exhibit, as it is ti- the Brooklyn Museum exhibit seems moral turmoil in many respects. tled, does not belong in a publicly sup- inconsistent with our priorities to fos- Those who argue against the propo- ported institution. That is the simple ter a greater appreciation of the arts. sition that I propose today say that premise at work here. This is not to This debate is about whether or not this is censorship, and they liken it to say it does not belong anywhere. If taxpayers should subsidize the housing what Hitler did in Nazi Germany. We there is an audience for this type of ex- and promotion of objectionable exhib- say that is nonsense. It is nonsense be- hibit, and I would suspect there is a its. American taxpayers have paid for cause we are talking about some funda- substantial audience in some quarters the brick and mortar of the Brooklyn mental questions centering around the for this, let them find a private outlet Museum, a museum that should reflect role of the Federal Government in for which to express that sense. the best of the American people. funding of works of art, or so-called While these so-called artists have a This exhibit, sponsored and hosted by works of art, that attack real core be- right to create their art and galleries the museum, clearly does not reflect liefs of the American people, many have a right to display it, the First the values we hold dear. This resolu- Americans, and beliefs that we hold Amendment does not guarantee that tion will protect American taxpayers near and dear to our hearts. the American people must subsidize it. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9269 In the words of David A. Strauss, a spe- Now, from what I have seen on tele- Mrs. ROUKEMA. I thank my col- cialist in constitutional law at the Uni- vision, this was an abstract drawing of league for yielding time to me, Mr. versity of Chicago, ‘‘it is clear the gov- an overweight African-type cartoon Speaker. ernment is entitled to make some deci- that, with all of my catechism and I want to rise in strong support of sions on what it will fund and what it training, it never would have entered what the gentleman from South Caro- will not fund.’’ my mind that this was supposed to be lina (Mr. DEMINT) and the gentleman Not only are we entitled to do so, my the mother of our Lord and Savior, from New York (Mr. SWEENEY) are constituents demand that I do so here Jesus Christ, notwithstanding what the doing here. today. artist had put on the bottom of it. Someone mentioned their disbelief. I agree with Jonathan Yardley in to- It never seemed to me that my My disbelief is that we even have to day’s edition of the Washington Post mayor would be embracing anything come here today to state the case. I when he writes, ‘‘the museum has a like this, with or without the dung, as say that as a member of the committee right to present such works as it cares being what we think the Virgin Mary of jurisdiction who has fought long and to, but has a weighty responsibility, would look like, since basically we are hard, and my Democrat members will the handmaiden of public funding, to talking about what a European Virgin remember me as the Republican that exercise that right with sobriety and Mary would look like as opposed to worked long and hard to preserve the care. The support of taxpayers is not li- what an African Virgin Mary would Federal funding for the Humanities and cense to thumb one’s nose at tax- look like. the National Endowment for the Arts payers. The religious and moral sen- I can understand how people of dif- and Public Broadcasting System. I did sibilities of ordinary people are not ferent cultures would clash, but are we it gratefully and happily and persist- frivolous; they deserve, and should suggesting that every time there is ently. command, the respect and consider- something that we find grotesque or But this is not the first time that we ation of those who slop at the public different or odd, or something that we have had this particular discussion. I trough.’’ are ignorant about and we do not un- was also a member of the committee Mr. Speaker, we know that Congress derstand, that we come to the floor and when we had this in the 1990s, as well is not a body of art critics. However, say, cut the funding? as the Mapplethorpe and the Serrano Am I supposed to check every library ‘‘Sensation’’ is clearly an example of situation, which has already been ref- that got a Federal dollar and find some going too far. It does not take a Ph.D. erenced here, and the obscene art con- book that I do not understand, Ph.D. or in art history to know that a portrait troversy raised at that time. not, and come here and say, I am of- of the Virgin Mary being desecrated So in 1990, when we reauthorized the fended by this, and just because we do upon is offensive to Catholics. NEA to ensure, and I quote, this is the not understand it, cut it out? language of the statute, ‘‘Artistic ex- Mr. Speaker, our Federal tax dollars The city council of New York City cellence and artistic merit are the cri- should not be spent on images that glo- has someone appointed from the city of teria by which grant applications are rify sacrilegious, immoral, and crimi- New York sitting on this board. They judged, taking into consideration gen- nal behavior. They should be used to are supposed to decide what exhibits eral standards of decency and respect defend, not offend. Further, if we sub- they have and what exhibits they do for the diverse beliefs and values of the sidize the expression of art, let that ex- not have. Clearly, if the mayor wanted American public.’’ pression carry a message of education, to make the Brooklyn Museum a big That is exactly what we put in place not desecration. hit, he sure did. There were lines out in at the time, and there were cries that Last week, the Senate adopted a the street. I could not find my way to went up that, oh, no, this decency lan- similar measure overwhelmingly, and I the Brooklyn Museum of Art before the guage, the decency clause, will not be urge my colleagues in this body to fol- mayor announced what he did. low the Senate’s lead. Tell your con- So if we do not like this grotesque constitutional. As Members may re- stituents you will account for their tax thing, we ought to charge it up to member, Karen Findlay challenged and dollars. Mayor Giuliani for giving it all this brought it as a First Amendment case Mr. CLAY. Mr. Speaker, I yield 4 free publicity. There are lines wrapped before the Supreme Court. minutes to the gentleman from New around the building. They have to get But in June of 1998, the Supreme York (Mr. RANGEL). more private funds now because people Court upheld that in the Karen Findlay (Mr. RANGEL asked and was given know where it is. case, remember, she smeared chocolate permission to revise and extend his re- If the National Endowment has on herself, her naked body, but in the marks.) thought it was a pretty decent mu- Karen Findlay case, the Supreme Court Mr. RANGEL. Mr. Speaker, I hope seum, for God’s sakes, we do not want upheld the constitutionality of the de- this issue does not come down to Re- to say, because somebody may have cency clause. So I do not want to hear publicans and Democrats, even though made a mistake or someone did not un- anymore questions about whether or normally on things like that, that is derstand what they were doing, that we not it is constitutional for Congress to the way the votes go. in the Congress are so sophisticated, so make a determination under the de- I just cannot believe that people can smart, so creative, that we can say, cency clause as to whether or not this make a decision on what should be hey, do not fund it. money can be given in grants to artis- funded as art when they have never I do not think we would want to do tic entities, such as a museum. even seen what they are talking about. that, and certainly the way the polls I know what Members are going to I just do not believe, just because it look, I do not think the mayor, well, say, well, this was not a precise grant, was a foreigner that did it and thought whether he did it for political reasons et cetera. But money is fungible. Ev- he was doing something correctly, that or not is subjective, but I do not think erybody understands that money is we would be so upset that we would at- that he will be the beneficiary of doing fungible. But there is no way that we tack an entire museum, with all of its it for Catholics, because Catholics real- should be endorsing or having tax- exhibits in it, just because inadvert- ly do not believe that politicians set payers pay for something that violates ently someone was upset. the criteria about what we like and any religious beliefs or even aggran- what we do not like, certainly not from dizes pedophiles and child murderers. b 1615 the mayor’s point of view. I thank the Members for this oppor- Now, I was raised as an altar boy, and So I hope we would reconsider this tunity. The Congress must go on record I am familiar with the Blessed Trinity, and not have a party vote on it. I think in opposition to the Brooklyn Museum and the fact that Jesus was born of there are a lot of other things we do of Art, and stating that no funds Mary and Joseph. While there was the not understand that are worse than should ever be used under these cir- immaculate conception, there were this. cumstances again. still pictures of the Virgin Mary, and of Mr. DEMINT. Mr. Speaker, I yield 3 Mr. CLAY. I yield myself 30 seconds, course, Jesus, in every church and ca- minutes to the gentlewoman from New Mr. Speaker. thedral that I have had a chance to at- Jersey (Mrs. ROUKEMA), a member of Let us clear the record. First of all, tend. the committee. there are no funds from the National H9270 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Endowment for the Arts that are pro- But whether he did so intentionally or an image that is sacred to a lot of vided for this exhibition. We ought to not, he has provided this exhibit with Christians across the country, that glo- stop talking about Federal funds sup- more publicity than any art exhibit rifies a child molester, that they porting this exhibition. that the Brooklyn Museum of Art has should not receive taxpayer money. It Secondly, we have people making the had in recent memory. As a result of is very simple. suggestion that this exhibition ought that, thousands of people are lined up If they want to take this exhibit and to be given someplace else other than in the streets around the Brooklyn Mu- put it somewhere else, in somebody’s in the art museum. Where should art seum wanting to see this exhibit. That house, in somebody’s apartment, or so be on display, other than in an art mu- tells me that there is a great deal of many of the other private museums seum? public interest in this exhibit, and around the country, then so be it, and Then we say this is not censorship. since there is a great deal of public in- there will not be a problem. But this Censorship to me is what we decide is terest, the public ought to determine museum receives public money from acceptable and what is not acceptable whether or not it is there for people to both the city of New York, the State of in terms of art, even with our limited, see. New York, and from the Federal Gov- and some of us with unlimited or no Let us not think that we here in the ernment. knowledge of art, deciding what it is, Congress or any mayor of any city or Do we not think there are more ap- propriate uses for taxpayer money than what is art. anybody of any common council can to desecrate religion? Is that such a Mr. Speaker, I yield 3 minutes to the determine what the public ought to see stretch, that the NEA itself imposes gentleman from New York (Mr. HIN- or ought to read or ought to believe. standards on its exhibits, but we can- CHEY). That is up to them in a democratic so- Mr. HINCHEY. Mr. Speaker, the issue not; that the average American sitting ciety, not up to the Members of this before the House today is censorship. at home who believes strongly in his House. The issue is whether or not the Mem- faith or her faith says, wait a minute, Mr. DEMINT. Mr. Speaker, I yield 31⁄2 bers of the House of Representatives or I am working every single day, and the minutes to the gentleman from New the mayor of New York City is going to government is taking a little bit of my York (Mr. FOSSELLA), a cosponsor of determine what passes for art, and money and is going to fund this, are this resolution. what people can see and cannot see in they not entitled to their opinion? Mrs. ROUKEMA. Mr. Speaker, will the art museums of the city of New For those who say, this is democracy, the gentleman yield? York or the United States of America. now, we are a Republic. Mr. FOSSELLA. I yield to the gentle- That is what it is about, clear and sim- woman from New Jersey. b 1630 ple. Mrs. ROUKEMA. I want to get back We are supposed to speak for those Those people who are proponents of to this question about whether or not folks. But we are speaking for them. censorship, they do not want anyone to we are subsidizing, Mr. Speaker, There were hundreds, if not thousands, label them as would-be censors, so they of people there on Saturday with me couch their censorship in language of whether or not we are paying for this. and so many others saying this is Federal funding or public funding or This is being misrepresented in the de- wrong. It is not a question of gray. Let taxpayers’ money, or words of that ilk. bate. us move on. Is this not over? It is They seek to hide behind that, when Money is fungible, and no, there is not a precise grant. But it is absolutely wrong. It is wrong to use taxpayer really what they are trying to do is de- money to fund this. termine what people will see and will a subsidy, a subsidy last year that was more than $160,000, much more than The Brooklyn Museum Board of Di- not see, and they want to make that rectors had every opportunity before determination in accordance with their that, to the Brooklyn Museum, and this year it is projected that it will be the exhibit opened to take some of the own taste or lack of taste, their own more offensive works out. They decided knowledge or lack of knowledge, as the well over $250,000. Do not tell me, it stretches credi- not to. Incensed and in reflection upon case may be. their arrogance, I do not believe they Yes, the Brooklyn Museum does ben- bility, to think that that money has not subsidized this particular exhibit. deserve another dime of taxpayer efit from some public funds under cer- money. They want to stick it to so tain circumstances and at certain Mr. FOSSELLA. Mr. Speaker, re- claiming my time, I thank the gen- many people across this country, so times. That is not unusual. Every art many New Yorkers, so be it. Let them museum, every proponent of the arts, tleman from South Carolina for yield- ing time to me. I also thank the gen- do it on their own dime, not ours. every culture throughout the history Mr. CLAY. Mr. Speaker, I yield my- of civilization on this planet has had tleman from New York (Mr. SWEENEY), the sponsor of this legislation. self such time as I may consume. public subsidization of some kind. The Mr. Speaker, I do not know how Mr. Speaker, this is the First Amend- arts do not flourish without public sub- many hundreds were there to say that ment: ‘‘Congress shall make no law re- sidies of some kind, so we, as an en- it was wrong, but I know that 10,000 specting an establishment of religion, lightened society, make measures went and paid $9-and-something to go or prohibiting the free exercise thereof; whereby we provide for public subsidies see if it was wrong. or abridging the freedom of speech, or of the arts. Mr. Speaker, I yield 21⁄2 minutes to But we do not tell museums what of the press; or the right of the people the gentleman from California (Mr. they can display. We do not tell au- peaceably to assemble, and to petition CAMPBELL). thors what they can write. We do not the government for a redress of griev- Mr. CAMPBELL. Mr. Speaker, ‘‘Con- tell sculptors what they can sculpt. We ances.’’ gress shall make no law respecting an leave that up to the artist, and we Nowhere in the First Amendment establishment of religion.’’ The gen- leave the success or failure of those does it say that the United States tax- tleman from New York (Mr. FOSSELLA) works, whether they are written or on payer has to subsidize so-called art just quoted the First Amendment to canvas or in some plastic medium, we that desecrates one’s religion. This is us. leave the success or failure of those ar- the issue. What does this resolution do? It says tistic works up to the final arbiters, There are others who want to say it that the sense of Congress is that the the general public. is censorship, others who want to say Brooklyn Museum of Art should not re- Interestingly enough, in this par- that we are determining what art is. ceive Federal funds unless it closes its ticular case, the general public seems That is not true. The issue is, how do exhibit featuring ‘‘works of a sacrile- to be saying, we have an interest in we appropriately use taxpayer money? gious nature.’’ I repeat, ‘‘sacrilegious seeing what is on display at the Brook- What we are saying, and I think we nature.’’ How do we determine what is lyn Museum. I think the mayor of New have the vast majority of support of sacrilegious except by determining York City may have had something to the American people, both Democrats what offends a religion? do with that interest in giving this dis- and Republicans in this body already Remember, the First Amendment play all the publicity that he has. sponsoring this resolution, we are say- does not say there shall not be an es- Whether he did or so intentionally or ing that unless the Brooklyn Museum tablishment of religion. It says Con- not, I don’t know. Only he knows that. takes this exhibit away that desecrates gress shall make no law ‘‘respecting an October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9271 establishment of religion.’’ Does this the Brooklyn Museum of Art is the per- governments and the States trying to resolution respect an establishment of sonification of offensive. decide whether the city of New York, religion? Let us read some of the Mr. Speaker, I am a staunch advo- this does not even have anything to do clauses: cate of protecting First Amendment with the NEA, this show does not have ‘‘Whereas the American taxpayer rights, of freedom of expression. I be- anything to do with the NEA, it is should not be required to subsidize art lieve the people in this country should whether the city of New York ought to that desecrates religion and religious be able to create art that depicts what- fund the Brooklyn Museum of Art on beliefs.’’ It says the reason for this res- ever they please. That is the American this show. olution is because the Brooklyn Mu- way; and we, as citizens, should respect We really should not care, unless we seum exhibit is a desecration of reli- that right. But I have got to ask, Mr. want to become that paternalistic to gion. It says that this art exhibit fea- Speaker, where in the Constitution tell the people what to do. I certainly tures a ‘‘desecrated image of the Virgin does it say that American taxpayers do not want the people of New York Mary’’; ‘‘desecrated’’ is a religious-con- have to like it as well as pay for it? telling the people of Houston, Texas, or tent word. It says that John Cardinal The answer to that question is quite Pasadena, Texas, what to do. But that O’Connor considers the exhibit an at- simple. The Constitution does not say is the next thing we will get. Some ani- tack on the Catholic faith. The Catho- that. The Constitution makes no men- mal rights person will come up and lic faith is, indeed, one of several es- tion of the right to Government fund- say, The Pasadena rodeo is cruel to tablished religions. ing for anyone’s artistic concepts. animals, and we should not allow any The point is that this is not really a There is no right to Government fund- funding for it. It is a really dangerous debate on censorship. I agree with the ing for any offensive material or, for path that my colleagues are heading gentleman from South Carolina (Mr. that fact, no material at all. down. DEMINT) and the author that Congress If one wants to create a display of of- There is so much other business the has the right to choose whether to fund fensive art, fine, but pay for it oneself. House should be involved in. We have art or not. Indeed, I happen to have Do not ask me and other taxpayers to not even passed our budget for this voted against funding the NEA every fund it. It is not right. And it does not year, but we certainly have time to time it has come up. The reason is make sense. deal with whether the city of New York that, when we fund art, we imme- Mr. Speaker, I commend Mayor ought to fund a show at the Brooklyn diately get into First Amendment Giuliani for taking the stand that he Art Museum. problems because government is fund- has on the Sensation Exhibit, and I Do we not have time to work on our ing one position and not another. urge all my colleagues to take the budget instead of working on stuff like So I am not arguing that we do not same stand by passing this resolution this? Mr. DEMINT. Mr. Speaker, I reserve have the right to stop funding. I en- today. the balance of my time for closing. tirely agree with the gentleman from Mr. CLAY. Mr. Speaker, I yield 2 Mr. CLAY. Mr. Speaker, may I in- Staten Island, New York (Mr. minutes to the gentleman from Texas quire as to how much time we have re- FOSSELLA), that we should not be fund- (Mr. BENTSEN). maining. ing art that offends people. I do not (Mr. BENTSEN asked and was given The SPEAKER pro tempore (Mr. GIB- think we should be funding art at all. permission to revise and extend his re- BONS). The gentleman from Missouri We can stop funding all art. We can marks.) (Mr. CLAY) has 6 minutes remaining. stop funding all art that offends people. Mr. BENTSEN. Mr. Speaker, I thank The gentleman from South Carolina The one thing we cannot do is make a the gentleman from Missouri for yield- (Mr. DEMINT) has 21⁄2 minutes remain- distinction on whether that art offends ing me this time. ing. religion or not. So I wish this had been Mr. Speaker, I do not know that I Mr. CLAY. Mr. Speaker, I yield 2 written differently. I wish I had a like much of the art that is in the minutes to the gentleman from New chance to weigh in earlier on. Saatchi collection in the Brooklyn Mu- York (Mr. ENGEL). I want to close with the recognition seum. The reviews I read I do not think Mr. ENGEL. Mr. Speaker, I thank of the excellent good faith of the gen- were quite flattering. But this is, once the gentleman for yielding me this tleman from New York (Mr. SWEENEY), again, the law of unintended con- time. my high regard for him, and my high sequences. Mr. Speaker, I am not from Brook- regard of all my colleagues who have A few years ago, one of our col- lyn. I am from the Bronx, just a little sponsored this resolution. leagues in the other body did not like bit away. But I am from New York But our oath of office is to uphold a show that was going to be at the Cor- City, and I know politics when I see it. and defend the Constitution. That is coran Gallery not far from here, made This House has not done its business the one thing we swear to do. We do a big deal about it, and made the show this year. We have not passed the budg- not swear to be popular. Lord knows bigger than it ever would have been. et. There are so many things that we my position is not going to be popular Now people are lining up around the have not done. in my district or in the State of Cali- Brooklyn Museum of Art to get in. So What are we wasting our time on? We fornia. But I swore to uphold and de- what my colleagues are trying to ac- are wasting our time on politics. This fend the Constitution. The Constitu- complish they are actually enhancing, is all about who will be the next Sen- tion says we cannot pass any law re- and I think they have failed at that. ator of the State of New York. specting an establishment of religion. But the other problem is that my col- The Republican leadership ought to That is what this resolution does. I leagues are heading down a road they get its act together. They ought to pass must vote no. do not want to go. Because surely the budget. They ought to make sure Mr. DEMINT. Mr. Speaker, I yield 2 somebody can go down the street to there are votes to pass the budget in- minutes to the gentleman from Ala- the National Gallery and find a Botti- stead of trying to vote on these knee- bama (Mr. RILEY). celli or something else they think is of- jerk issues so that they can play to Mr. RILEY. Mr. Speaker, there is a fensive and think we should not fund. their right wing base. That is what this storm brewing in Brooklyn right now, But where do we stop from there? is all about. and at the heart of the matter is But what is even worse is, yet again, Once we start going down this slip- whether the Government should force this House has found it upon itself to pery slope of Government telling muse- taxpayers to fund a museum where art get involved in the politics of New ums what they can or cannot do, where is or can be considered to be anything, York and New York City. Quite frank- does it end? Sure this exhibit is offen- from splattering elephant dung on the ly, I do not care about the politics of sive. Sure this exhibit is disgusting. painting of the Virgin Mary to cutting New York. I do not know why the gen- But I do not think that we in Govern- a pig in half. tleman from Alabama (Mr. RILEY) ment ought to sit and judge as censors Now I am not an art critic, and I may cares about the politics of New York. and say that we will not pay for this not know good art from bad, but I Let the people of New York do it. museum or that museum or whatever know when something is offensive Why is the party of States rights, the it is because we are offended. That is when I see it. This Sensation Exhibit in party of returning power to the local not what we should be doing. H9272 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Let us do our business. The Repub- Mr. Speaker, I yield 3 minutes to the For Heaven’s sake, let us not mess lican leadership wants to put their gentlewoman from New York (Ms. with this thing and please get back to smoke screen up because they have not SLAUGHTER). the business of the United States. done their job. The American people Ms. SLAUGHTER. Mr. Speaker, I Mr. CLAY. Mr. Speaker, I have no know that they have not done their thank the gentleman from Missouri for further requests for time, and I yield job. yielding to me. back the balance of my time. So let us not talk about not giving Mr. Speaker, I represent Rochester, Mr. DEMINT. Mr. Speaker, I yield Federal funds to the Brooklyn Mu- New York; and we have always known myself such time as I may consume. seum. There are no Federal funds that that people in New York City do Mr. Speaker, Thomas Jefferson said, go into this exhibit. There are Federal strange things, but we have always tol- ‘‘To compel a man to furnish contribu- funds that go to the Brooklyn Museum erated them with some bemusement. tions of money for the propagation of for other things, targeted things, spe- The mayor of New York now has em- opinions which he disbelieves and ab- cific things. This is all about politics. barked on his 18th First Amendment hors is sinful and tyrannical.’’ I think Mayor Giuliani gets up, and he starts case, having lost all of them; and Con- it is something we should remember in talking again and again. If he had kept gress today is going to try to join him this debate. his mouth quiet, nobody would even in that exercise, which is going to be I need to remind my colleagues on know about this exhibit. He has given found blatantly unconstitutional. the other side that New York can do it more publicity than it ever could I find more than a sense of irony that whatever it wants with its funds. We have gotten. But, again, he wants to today we had H. Res. 57, where the are trying to save Americans from move to the right, play to the Repub- House of Representatives expressed its using their money to pay for porno- lican base, maybe get the conservative great concern over interference with graphic art. party line in New York. That is what freedom of the press, but not in the It is interesting that in the religious this is all about. United States, in Peru. So now we are arguments we have heard about the So this Congress, again, should do all going to work this afternoon to see laws we make in this room that we the job that the American people elect- what we can do to interfere in Brook- hear arguments from the other side of ed us to do. We ought to pass the budg- lyn. the aisle that there should be no reli- Beauty has always been in the eye of et. We ought to do things on time. We gious displays in the public sector. We the beholder. If the mayor does not ought not to talk about these knee- take away all mangers from the public want to go, he should not go. As a mat- jerk base kind of gut reactions. square, any religious materials from ter of fact, other people and the re- The Republicans want to play to government schools, yet it is okay to views of this show tell us that people their corps. They want to get their have religion displayed in public facili- are lining up around the building, members enthused. They want to show ties as long as it is perverted and por- that one person can out-right wing the standing in the rain to get in to see nographic. I think we have a double other person. That is really a disgrace. what has aggravated Giuliani so much standard. this time. Let us pass the budget and not waste We talk about censorship. We try to Nobody as far as I know has fainted, our time on this nonsense. censor all religious materials from our Mr. DEMINT. Mr. Speaker, I yield 1 been nauseated, or had to be removed culture, yet we call it censorship if we minute to the gentleman from Colo- to the hospital, which were some of the try to take away pornographic and per- rado (Mr. TANCREDO). things that we were told might happen verted art. Mr. TANCREDO. It is incredible, Mr. with this show. Speaker, that here we are talking My colleagues, I think a majority of To sit here and say this is not rel- about attacking the people who criti- Americans that we represent, God bless evant at a time when we look across cize this junk as if they contributed to their judgment, think that it is time to America and wonder about the loss of this, as if they brought it about. really close the door on the tactics values, the loss of the value of life, the It is not Mayor Giuliani. It is no one that make the arts and humanities po- violence that we see and then say that on this side of the aisle. It is no one litical hostages every time we find the denigration of everything sacred is who attacked this stuff that caused something that we can pounce on. not important to this institution is for- this to happen. It is the bizarre, idiotic The benefits that we receive for our getting a lot about what made this in- attitude of people who believe that economy and for our children and for stitution and this whole country. We they want to push the envelope as far our communities by arts and human- see a total disregard for all that is sa- as they possibly can in order to prompt ities are indisputable and far outweigh cred. this kind of thing. the small financial investment that we I am thankful for the sponsors of this No, it does not need to be here. It are making; however, we make no in- resolution and all who have spoken for does not have to be on the floor of the vestment in this show in Brooklyn. it. It reminds us and all Americans House of Representatives. That is abso- that we do not need to sponsor from b lutely true. If no idiot would have 1645 this organization this type of perver- brought this stuff forward in the first Now, the sooner we get around to ac- sion. place and try to pass it off as art, we cepting that fact, maybe we can get Mr. NADLER. Mr. Speaker, this resolution is would not be here. But here we are be- around to passing a budget and do foolish both in substance and in principle. cause, of course, there is money that is something to stop having to shut down Foolish in substance because the Brooklyn going into this and because I have to the Federal Government. I think it is Museum receives little federal money, just a tell taxpayers that they, in fact, must unthinkable that we can work at this few grants for educational projects and touring contribute to this kind of junk. It is ploy just to aim solely at influencing exhibitions. Foolish in principle because it is nothing but junk. the New York State senatorial elec- not the place of this Congress to bar a cultural But it goes to show my colleagues tion. institution from receiving federal money just how difficult it is to actually identify I want to say something for this mu- because we may not like one exhibit it has what is art and what is not. We should seum. For more than a century, the chosen to display. not be contributing anything to, quote, Brooklyn Museum of Art has provided First, let's take a look at the substance of ‘‘the arts’’ because somebody will so many benefits, not only to the peo- this debate. The Brooklyn Museum of Art, a stand up at some point in time and say ple of New York but to Americans all well-respected institution that serves about that this garbage is art; and, therefore, across the country. It strikes me as half a million people each year is presenting it should be funded. We should not be dreadful that the mayor not only wants an exhibition that has received acclaim inter- funding any of this, Mr. Speaker. to stop this show, he wants to evict nationally. This exhibit features the works of Mr. CLAY. Mr. Speaker, I yield my- this show, he wants to tear down the some of Britain's most popular artists. In fact, self 5 seconds to try and decide whether building and salt the ground. This this exhibition drew the highest attendance of or not I agree with the last speaker. I Brooklyn Museum and what it has any contemporary art exhibit in London in 50 guess if I could understand what he done for the Brooklyn’s Children Mu- years. The most controversial pieces in the said, I might agree with him. Stuff? Id- seum through the Brooklyn Public Li- show are by Chris Ofili, a young British artist iots? Junk? Et cetera? brary is incalculable. of Nigerian ancestry, who has won the Turner October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9273 Prize, a prestigious award given to the most rageous and it should be defeated. I urge my 2000, and for other purposes, with a talented young British artists, and whose colleagues to vote against it. Senate amendment thereto, disagree to pieces have sold for tens of thousands of dol- Mr. PACKARD. Mr. Speaker, I would like to the Senate amendment, and agree to lars. Whatever you may think of the subject strongly urge my colleagues to support the the conference asked by the Senate. matter, this is a serious exhibition of work by sense of Congress resolution which prohibits The SPEAKER pro tempore. Is there serious artists, displayed in a respected mu- Federal funding of the Brooklyn Museum of objection to the request of the gen- seum. Art unless they discontinue the exhibit which tleman from New York? Supporters of this resolution will claim that features works of a sacrilegious nature. Thom- There was no objection. they believe in the right of these artists to as Jefferson once said, ``to compel a man to MOTION TO INSTRUCT OFFERED BY MR. show their work, but that American taxpayers furnish contributions of money for the propa- MOLLOHAN should not have to pay for an exhibit like this. gation of opinions which he disbelieves and Mr. MOLLOHAN. Mr. Speaker, I offer Well, let me point out very clearly, that the tax- abhors is sinful and tyrannical''. a motion to instruct. payers are not paying for this exhibition. No Art is certainly in the eye of the beholder. It The Clerk read as follows: federal money went to show this exhibit. Not is not the role of Congress to determine what Mr. MOLLOHAN moves that the managers on a dime. The Brooklyn Museum receives fed- is art, but it is the role of Congress to deter- the part of the House at the conference on eral money, but the money it receives goes di- mine what taxpayer money will fund. The First the disagreeing votes of the two Houses on rectly to pay for educational initiatives and Amendment protects the government from si- the bill, H.R. 2684, be instructed to agree with the higher funding levels recommended touring exhibitions. Do we want to cut off lencing voices that we may not agree with, but in the Senate amendment for the Depart- these worthy programs because we don't like it does not require us to subsidize them. ment of Housing and Urban Development; for one piece of art that the Museum has chosen Mr. Speaker, again I urge my colleagues to the Science, Aeronautics and Technology to display? That would make no sense. join me in expressing a sense of Congress and Mission Support accounts of the Na- So this resolution is foolish in substance. that while we support everyone's right to ex- tional Aeronautics and Space Administra- But this resolution is foolish, and I would press themselves artistically, we are not obli- tion; and for the National Science Founda- say dangerous, in principle. What have we gated to support them financially. tion. come to when the United States Congress is Mr. DEMINT. Mr. Speaker, I have no The SPEAKER pro tempore. The gen- condemning an individual for exercising his further requests for time, and I yield tleman from West Virginia (Mr. MOL- right to free expression? I thought our book back the balance of my time. LOHAN) will be recognized for 30 min- burning days were over. What's next? Will we The SPEAKER pro tempore (Mr. GIB- utes, and the gentleman from New be closing down our public libraries because BONS). The question is on the motion York (Mr. WALSH) will be recognized they contain books that we don't like? I don't offered by the gentleman from South for 30 minutes. like every book in the library, but I'm glad Carolina (Mr. DEMINT) that the House The Chair recognizes the gentleman they're there. Will we attack the libraries for suspend the rules and agree to the con- from West Virginia (Mr. MOLLOHAN). having a copy of Mein Kampf, Hitler's auto- current resolution, House Concurrent Mr. MOLLOHAN. Mr. Speaker, I biography, which offends people's sensibili- Resolution 191, as amended. yield myself such time as I may con- ties? Where does it end? The question was taken; and (two- sume. This exhibit is shocking. It's outrageous. Art thirds having voted in favor thereof) Mr. Speaker, my motion instructs has been called a lot worse since the begin- the rules were suspended and the con- the House conferees to agree to the ning of time. But that's the point of art. It's current resolution, as amended, was Senate’s funding levels in three areas: meant to provoke debate and discussion. agreed to. The overall budget for HUD; NASA’s Good art makes us confront our own cultural The title of the concurrent resolution Science, Aeronautics, and Technology norms. Does this exhibit fit my own artistic was amended so as to read: ‘‘Concur- and Mission Support Accounts; and the tastes? Maybe not. But will I defend the right rent resolution expressing the sense of overall budget for the National Science of artists to express themselves and the right Congress that the Brooklyn Museum of Foundation. of the museum to bring various kinds of artis- Art should not receive Federal funds In each case, the Senate funding lev- tic expression to the public? You bet. unless it closes its exhibit featuring els are higher than those for the House But, this is not about one exhibit. This is works of a sacrilegious nature.’’. in this VA-HUD appropriations bill. I about whether you support free expression A motion to reconsider was laid on am moving to instruct conferees to and creativity or not. If you support the first the table. adopt the higher numbers for these amendment, you find yourself fighting to the f programs because these are all areas in end to defend the rights of people you find of- which the House bill made excessive fensive. We would set a very dangerous GENERAL LEAVE cuts. For HUD and NASA, the House- precedent here if we vote for this resolution. Mr. DEMINT. Mr. Speaker, I ask passed bill reduced appropriations sub- For the United States Congress to single out unanimous consent that all Members stantially below the current year’s one museum and one artist as sacrilegious may have 5 legislative days within level, as well as substantially below and then to hold the museum hostage to the which to revise and extend their re- the request. For NSF, the House bill tastes of the Gentlemen from New York as a marks on House Concurrent Resolution cut funding a bit below the fiscal year condition of receiving federal funds is out- 191. 1999 level and well below the Presi- rageous. Politicians should not be deciding The SPEAKER pro tempore. Is there dent’s request. In each case, the House- what is art. We've debated in this House many objection to the request of the gen- passed levels would do serious damage times whether the federal government should tleman from South Carolina? to important programs and are com- be subsidizing art. I believe we should, and There was no objection. pletely unwarranted at a time when there are many who disagree. But if we do de- f the economy and the budget are in the cide to subsidize art, as we have for over 35 best shape they have been for decades. years, we must do so without interfering in the APPOINTMENT OF CONFEREES ON When we considered the VA-HUD bill content. If every arts institution must suddenly H.R. 2684, DEPARTMENTS OF VET- on the floor this year, many Members, worry that their exhibitions will not satisfy the ERANS AFFAIRS AND HOUSING Republicans as well as Democrats, 435 art critics in the House of Representa- AND URBAN DEVELOPMENT, AND raised serious concerns about the cuts tives, it will create a chilling effect in the cul- INDEPENDENT AGENCIES APPRO- being made, especially in HUD, NASA, tural world. PRIATIONS ACT, 2000 and the National Science Foundation. Frankly, I'm disappointed in my colleagues Mr. WALSH. Mr. Speaker, I ask The managers of the bill, myself in- from New York who are supporting this resolu- unanimous consent to take from the cluded, promised to do all we could to tion. New York is the capital of the art world, Speaker’s table the bill (H.R. 2684) bring about more adequate funding for where we have a tradition of respecting the making appropriations for the Depart- these accounts in conference. This mo- free expression of artists. If you don't like this ments of Veterans Affairs and Housing tion represents a step toward that re- exhibit, protest it, boycott the museum. Best of and Urban Development, and for sun- sult. Its adoption by the House would all, stay home and don't see it. But you don't dry independent agencies, boards, com- strengthen our position in trying to as- need a Congressional Resolution to express missions, corporations, and offices for sure at least minimally adequate fund- personal outrage. It is improper and out- the fiscal year ending September 30, ing for high priority items. H9274 CONGRESSIONAL RECORD — HOUSE October 4, 1999 With respect to HUD, disregarding approaching the budget request. The much lower than in the Senate. But the various one-time offsets and rescis- House bill level is $34 million below leadership, I think wisely, has allowed sions that have no programmatic ef- last year and $285 million below that us to go in to this conference at the fect, the House-passed bill cuts appro- request. The Senate bill provided a Senate’s spending level, which still priations $935 million below the fiscal total funding level for the foundation keeps us below last year’s enacted year 1999 level and about $2 billion of $3.9 billion, identical to the budget level, keeps us within the caps and our below the President’s request. It cuts estimate. overall discretionary spending level. public housing programs $515 million Let us face it, science and research is And so if we are wise and we work to- below the current year level and cuts not cheap. It costs a lot of money to gether, I think we can resolve these total CDBG funding $250 million below achieve and maintain world leadership issues by meeting the priorities that the current year. It provides no fund- in math, biology, information tech- were discussed. ing whatsoever to expand the number nology, and computer sciences, among And I think we will probably hear of families assisted through Section 8 other disciplines. But it may cost even more on NASA, on HUD and National housing vouchers in contrast to the more not to strive for this leadership. Science Foundation from other Mem- $283 million provided for that purpose The information technology sector of bers here. our economy amounts to more than in the current year, and it makes cuts b 1700 in a number of other important pro- $700 billion today. We cannot afford to grams as well. let our dominant position in these But I quite honestly could not agree The Senate’s total for HUD is about fields slip due to short-sighted and mis- more with the gentleman from West $1.1 billion above the House total, al- guided budget policies. Virginia (Mr. MOLLOHAN). The chal- though it remains about $1 billion The administration’s budget request lenge is obviously getting everyone to below the President’s request. The Sen- for the National Science Foundation agree on how much to increase spend- ate provided $50 million more than the included $146 million as a part of a six- ing in each of those areas, what the House for homeless assistance, $300 agency, multi-year initiative called In- priorities are, without basically telling million more for Community Develop- formation Technology for the 21st Cen- those Departments where the legisla- ment Block Grants, and a bit more for tury, or I.T.-Squared. The House- tive branch wants to spend money. So public housing operating subsidies. On passed funding level included only $35 I take the motion as constructive. Section 8, the Senate level is about $500 million for the NSF, the lead agency in Mr. Speaker, I reserve the balance of million above the House, although our that effort. If we recede to the higher my time. first priority in Section 8 has to be Senate level, we should be able to pro- Ms. JACKSON-LEE of Texas. Mr. Speaker, taking care of existing contracts and vide more for this critical program in- I rise to speak on this motion to instruct con- vouchers, I hope that, within the Sen- tended to keep this Nation on the cut- ferees for the VA±HUD & Independent Agen- ate total, we would be able to find ting edge of developments in informa- cies Appropriations bill for Fiscal Year 2000. funds to provide at least some incre- tion processing. This bill fails because it does not provide ade- Higher funding is necessary if we are mental vouchers. quate funding for housing needs and it once to respond to the recommendations of There are still millions of low-in- again targets NASA for a reduction in funding. the President’s Information Tech- come families unable to afford decent While the total included in the House bill for nology Advisory Committee, which re- housing. Indeed, the current economic HUD looks like a substantial increase over the cently concluded that our long-term boom may be making the problem fiscal year 1999 appropriations level, dis- research on information technology worse by driving up rents. We can af- senters to the House version can point to the has been dangerously inadequate. In ford the very modest increases in total reductions in HUD programs below the prior the words of the director of the NSF, HUD funding proposed by the Senate. year's level that are spread throughout the bill. As for NASA, Mr. Speaker, the House we are able and ready to do 21st cen- The bill provides a total of $26.1 billion for tury science and engineering, but we bill makes deep cuts there as well. HUD programs and activitiesÐ$2.0 billion (8 cannot do it on a 20th century budget. Total NASA funding in the House- percent) more than fiscal year 1999 funding Mr. Speaker, I urge approval of this (under official budget scorekeeping stand- passed bill is $925 million, almost $1 motion to instruct. ards), but $2.0 billion (7 percent) less than re- billion below the budget request and $1 Mr. Speaker, I reserve the balance of billion below fiscal year 1999. Some of my time. quested by the President. On a programmatic the deepest cuts come in space science Mr. WALSH. Mr. Speaker, I yield my- level, however, (i.e., looking at the amount of programs, such as the work on devel- self such time as I may consume, and I budget authority actually provided for indi- oping new technologies in the next gen- thank the gentleman for his thoughts vidual housing programs), the bill provides eration of space-based observatories and comments on the bill. And I wish $945 million less for HUD housing programs and planetary probes. Other deep cuts to again thank him for his help in mov- than was available in fiscal year 1999. come in earth sciences programs, ing the bill through the House. Compared to current funding, the bill in- which use space-based observations and As we now prepare for our conference creases funding for one major HUD program, technologies to help better understand with the Senate, we have made a lot of subsidized Section 8 rental housing contracts our own earth and make better use of headway. And I would like to give cred- (2 percent)Ðbut decreases funding for public the earth’s resources. it to the staff, because the leadership housing modernization (15 percent), revital- The Senate-passed levels for NASA has asked us to move expeditiously, izing severely distressed public housing (8 are at the budget request, thereby pro- and we are. And I think staff has us at percent), drug elimination grants (6 percent), viding $925 million more than the a point now where we will be able to sit lead paint hazard reduction (13 percent), House bill. During the House floor de- down with the Senate and begin and housing for persons with AIDS (4 percent), the bate, Member after Member, Demo- soon thereafter conclude the con- Community Development Block Grant program crats and Republicans alike, rose to ex- ference Wednesday morning. (6 percent), ``Brownfields'' redevelopment (20 press dismay about various cuts in So the instructions that the minority percent), Fair Housing activities (6 percent), NASA and to urge higher funding than side has offered, I think, are construc- housing for the homeless (1 percent), and the provided in the House bill. Adopting tive. I think they are helpful. When we HOME program (1 percent). this motion and instructing conferees had the debate in the House, we were In addition this bill would take the dream of to adopt the higher Senate number far below the President’s request and exploring space and crush it beneath the would take an important step toward we were far below last year’s enacted weight of political posturing. This bill would tell restoring the funding for NASA that so level in NASA, National Science Foun- our children, ``Forget about space. You will many Members have advocated. dation, and in some areas of HUD. So never reach it.'' The final part of my motion to in- as chairman of the Subcommittee on And our children's dreams are not the only struct deals with the funding level for VA, HUD and Independent Agencies of casualties. Jobs are at stake. As a Represent- the National Science Foundation. The the Committee on Appropriations, I ative for the City of Houston, I cannot stand by House recommendation did not even would see these as constructive. and watch my Houstonians lose their jobs be- bring total funding for the foundation We had a very difficult time in the cause of these cuts. The Johnson Space Cen- up to the 1999 level, much less anything House, because our allocation was ter in Houston provides work for over 15,000 October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9275 people. The workforce consists of approxi- proximately $35 billion in budget savings rel- By cutting this portion of the NASA budget, mately 3,000 NASA Federal civil service em- ative to earlier outyear estimates. During the we will be unable to develop new methodolo- ployees. In addition to these employees are same period, NASA reinvented itself, reducing gies, better observing instruments, and im- over 12,000 contractor employees. personnel by almost one-third, while con- proved techniques for translating raw data into NASA has predicted the effects of the cuts tinuing to increase productivity. The massive useful end products. It also cancels our ``Path- on the Johnson Space Center, and the picture cuts recommended by the Committee would finder'' generation of earth probes. is not pleasant. NASA predicts that an esti- destroy the balance in the civil space program Reducing funding for NASA's science, aero- mated 100 contractors would have to be laid that has been achieved between science and nautics, and technology hinders the work of off, contractors composed of many employees human space flight in recent years. our space sciences, our earth sciences, our and workers; clinic operations would be re- In particular, the Committee's recommenda- academic programs, and many other vitally duced; and public affairs, particularly commu- tion falls $250 million short of NASA's request important programs. But under-funding this nity outreach, would be drastically reduced. for its Human Space Flight department. This item by $449 million, the Appropriations Com- Also, NASA would likely institute a 21 day fur- greatly concerns me because this budget item mittee will severely impede upon the progress lough to offset the effects of the cuts, and this provides for human space flight activities, in- of these NASA projects. furlough will place many families in dire straits. cluding the development of the international I ask my colleagues that represent the Also, the Johnson Space Center would have space station and the operation of the space House of Representatives during conference to eliminate its employee Safety and Total shuttle. to restore the $924 million to the NASA budg- et and to provide adequate funding to the Health program. I firmly believe that a viable, cost-effective The entire $100 million reduction in the International Space Station has been devised. HUD portion of this appropriation. Ms. SCHAKOWSKY. Mr. Speaker, I rise in International Space Station would be attributed We already have many of the space station's support of the Motion to Instruct Conferees to to the space center and would cause reduc- components in orbit. Already the space station is 77-feet long and weighs over 77,000 accept the other body's funding level for HUD, tions in the Crew Return Vehicle program. which provides more money for important This would result in a 1 to 2 year production pounds. We have tangible results from the money we have spent on this program. housing and economic development programs slip and would require America to completely than the House bill and is much closer to the rely upon Russia for crew returns. This is a Just this past summer, we had a historic docking of the space shuttle Discovery with President's request. There are 5.3 million peo- humiliating situation. We pride ourselves in ple in this country who suffer worst case hous- being the world leader in space exploration, the International Space Station. The entire world rejoiced as Mission Commander Kent ing needs. In Chicago, nearly 35,000 people yet, what does it tell our international neigh- are on the waiting list for affordable public bors when we do not even have enough fund- Rominger guided the Discovery as the shuttle connected with our international outpost for housing. This is not the time to cut much ing to bring our astronauts home? needed housing aid to people on fixed- and The cuts would not only effect Houston; the first time. The shuttle crew attached a crane and transferred over two tons of sup- low-incomes. they would effect the rest of the country. But the House would cut HUD funding. My NASA's Goddard Space Flight Center would plies to the space station. History has been made, yet, we seek to district, alone, would lose $4.5 million in crit- need to cut over 2,500 jobs. Such layoffs withdraw funding for the two vital components, ical aid that the President requested in his would effect both Maryland and Virginia. the space station and the space shuttle, that HUD budget proposal. That's 386 jobs that The $100 million reduction in NASA's re- made this moment possible. We cannot lose would not be created and 256 homes that search and development would result in an sight of the big picture. With another 45 space would not be built if we enact the House HUD immediate reduction in the workforce of 1,100 missions necessary to complete the space budget. Across the country, the cuts would employees for fiscal year 2001. This would station, it would be a grave error of judgment total 156,000 fewer homes and 97,000 fewer also require a hiring freeze, and NASA would to impede on the progress of this significant jobs. We can do better. not be able to maintain the necessary skills to The other body provides $500 million more step toward further space exploration. implement future NASA missions. Given NASA's recognition of a need for in- for the Section 8 program, which provides rent Negative effects will also occur across our creased funding for Shuttle safety upgrades, it subsidies for seniors, persons with disabilities and low-income families. It provides $64 mil- Nation. Clearly, States such as Texas, Florida, is NASA's assessment that the impact of a lion more for housing for seniors and persons and Alabama will see substantial cuts to the $150 million cut in shuttle funding would be a with disabilities and for Housing Opportunities workforce, but given today's widespread inter- reduction in shuttle flight rate, specifically im- for Persons With AIDS (HOPWA). There is state commerce, it is easy to imagine that pacting ISS assembly. Slowing the progress of $300 million more the Community Develop- these costs to the NASA program will hit the ISS assembly would defer full research ca- ment Block Grant Program, which local gov- home throughout America. And NASA warns pabilities and would result in cost increases. that the country may not see the total effects Both the International Space Station and the ernments used to create jobs back home. Considering the importance of housing to of this devastation to our country's future sci- space shuttle have a long, glorious history of the American family and the desperate need entists and engineers for many years. international relations. We can recall the im- NASA contractors and employees represent for that housing, it is incumbent upon us to ages of our space shuttle docking with the take whatever opportunities are available to in- both big and small businesses, and their very Russian Mir space station. Our Nations have livelihood are at stakeÐespecially those in crease HUD funding. The other body's VA± made such a connection nine times in recent HUD bill presents that opportunity. I urge my small business. They can ill afford the flood of years. This connection transcended scientific layoffs that would certainly result from this bill. colleagues to vote for the Motion to Instruct discovery: it signified the true end of the Cold Conferees to accept the other body's HUD Dan Goldin, head of NASA, has already an- War and represented an important step toward ticipated the devastating effects of the NASA funding level. international harmony. Mr. MOLLOHAN. Mr. Speaker, we cuts. He predicts a 3 week furlough for all The International Space Station, designed have no more requests for time, and I NASA employees. This would create program and built by 16 nations from across the globe, yield back the balance of my time. interruptions and would result in greater costs. also represents a great international endeavor. Mr. WALSH. Mr. Speaker, we have no Ladies and gentlemen, we are falling, if not Astronauts have already delivered the Amer- further requests for time. I accept the tumbling, down a slippery slope. This bill ican-made Unity chamber and have connected motion of the gentleman to instruct would reduce jobs for engineers and would in- it to the Russian-built Zarya control module. conferees, and I yield back the balance crease NASA's costs, a result that will only re- Countless people from various countries have of my time. sult in more layoffs as costs exceed NASA's spent their time and efforts on the space sta- The SPEAKER pro tempore (Mr. MIL- fiscal abilities. tion. LER of Florida). Without objection, the We are at a dangerous crossroads. This bill To under-fund this project is to turn our previous question is ordered on the mo- gives our engineers and our science aca- backs on our international neigbhors. Space tion to instruct. demics a vote of no confidence. It tells them exploration and scientific discovery is uni- There was no objection. that we will not reward Americans who spend versal, and it is imperative that we continue to The SPEAKER pro tempore. The their lifetimes studying and researching on be- move forward. question is on the motion to instruct half of space exploration. I urge my colleagues I also denounce the cuts made by the Ap- offered by the gentleman from West to join me in my effort to stop the bleeding. propriations Committee to NASA's science, Virginia (Mr. MOLLOHAN). Over the past 6 years, NASA has led the aeronautics, and technology. This bill cuts The question was taken; and the Federal Government in streamlining the Agen- funding for this program $678 million below Speaker pro tempore announced that cy's budget and institution, resulting in ap- the 1999 level. the ayes appeared to have it. H9276 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Mr. MOLLOHAN. Mr. Speaker, on The amendment was adopted by a ment, the Senate recommendation is $5 that I demand the yeas and nays. vote of 273–151. That amendment million higher than the amount con- The yeas and nays were ordered. upheld the opinion of the Department tained in the House bill. Both of these The SPEAKER pro tempore. Pursu- of Interior that the correct interpreta- important organizations have received ant to clause 8 of rule XX, further pro- tion of the 1872 Mining Law is that virtually flat funding for the past 4 ceedings on this motion will be post- only one 5-acre millsite for mine and years. And that flat funding level has poned. tailings is allowed for each claim or been approximately 40 percent below f patent for mining activities on Federal the amounts provided prior to 1995. land. The Senate provision is 180 de- Both organizations, but especially APPOINTMENT OF CONFEREES ON grees on the other side of the issue. the National Endowment for the Arts, H.R. 2466, DEPARTMENT OF THE The Senate provision sets aside the have substantially changed their oper- INTERIOR AND RELATED AGEN- Department of the Interior’s legal rul- ations and procedures in response to CIES APPROPRIATIONS ACT, 2000 ing and directs that the Interior and Congressional criticism. The message Mr. REGULA. Mr. Speaker, I ask Agriculture Departments cannot limit has been received, and it is time to unanimous consent to take from the the number or size of areas for mine move on. Both organizations have an Speaker’s table the bill (H.R. 2466) waste. Furthermore, their provision is impact far beyond just the level of making appropriations for the Depart- not just applicable for fiscal year 2000. funding provided. They both level their ment of the Interior and related agen- The language of the amendment ap- Federal funding with State, local, and cies for the fiscal year ending Sep- plies for any fiscal year. private resources so that the impact of tember 30, 2000, and for other purposes, Mr. Speaker, the Senate provision each appropriated dollar is magnified. with a Senate amendment thereto, dis- has no place in the Interior appropria- We have had the debate on the merits agree to the Senate amendment, and tions bill. If the supporters of that pro- of these agencies time and time again agree to the conference asked by the vision want to amend the 1872 Mining during the past 5 years. Every time the Senate. Law, let them do it through the normal House has been permitted to speak its The SPEAKER pro tempore. Is there legislative process. The law allows will on the NEA and the NEH, the re- objection to the request of the gen- mining operations on Federal land to sult has been supported. During consid- tleman from Ohio? proceed after payment of only $2.50 to eration of this year’s Interior bill on There was no objection. $5 per acre. That may have made sense the House floor, an amendment to re- MOTION TO INSTRUCT OFFERED BY MR. DICKS 125 years ago when the Nation was set- duce the funding level for the National Mr. DICKS. Mr. Speaker, I offer a tling the West, but it certainly makes Endowment for the Arts by just $2 mil- motion to instruct conferees. no sense today. lion was defeated by a vote of 124–300. I realize an amendment to increase The Clerk read as follows: Practically the only provision yield- ing any environmental protection at NEA and NEH funding by $10 million Mr. DICKS moves that the managers on the each was nearly defeated, but this was part of the House at the conference on the all in the 1872 law is the provision that disagreeing votes of the two Houses on the only one 5-acre millsite per claim is al- solely due to concern about the pro- bill, H.R. 2466, be instructed: (1) to insist on lowed. To weaken that provision may posed offsets. The Senate was able to disagreement with the provisions of Section benefit the mining industry, but it is find additional funding for the Endow- 336 of the Senate amendment and insist on bad public policy and will almost cer- ments without the objectionable off- the provisions of Section 334 of the House tainly result in the veto of the Interior sets, and I believe the House conferees bill; (2) to agree with the higher funding lev- should go along with their rec- els recommended in the Senate amendment Appropriations act. Unfortunately, during extended de- ommendations. for the National Endowment for the Arts and The final part of this motion con- bate on this issue, some have resorted the National Endowment for the Humanities; cerns the several new provisions added to ad hominem attacks on the Solicitor and (3) to disagree with the provisions in the during Senate consideration of the bill Senate amendment which will undermine ef- of the Department of Interior. Most that are generally regarded as assisting forts to protect and restore our cultural and often, such attacks are resorted to the special interest to the detriment of natural resources. when the preponderance of evidence our public land. I will not itemize all The SPEAKER pro tempore. Under does not support the position of the the provisions. That has been done re- the rule, the gentleman from Wash- persons making the attacks. And that peatedly by the administration, the ington (Mr. DICKS) will be recognized is precisely the situation here. press, and concerned individuals and for 30 minutes, and the gentleman from While there may have been some con- groups. I believe if most of these provi- Ohio (Mr. REGULA) will be recognized fusion due to administrative guidance sions are included in a bill sent to the for 30 minutes. issued in the past, as courts have stat- President, a veto will result and we The Chair recognizes the gentleman ed, administrative practice cannot su- will have to negotiate the measure from Washington (Mr. DICKS). persede the plain words of the statute. again. Mr. DICKS. Mr. Speaker, I yield my- And here is what the law says from, 30 I urge my colleagues to avoid that self such time as I may consume. U.S.C., 42, page 804 of the 1994 edition unnecessary confrontation by stripping Mr. Speaker, the first part of my mo- of the United States Code: the anti-environmental provisions out tion deals with the issues of the num- Where nonmineral land not contiguous to of the bill in the conference. ber of millsites allowed under the in- the vein or lode is used or occupied by the I hope my colleagues will dem- terpretation of the provisions of the proprietor of such vein or lode for mining or onstrate their support for the environ- Mining Law of 1872. milling purposes, such nonadjacent surface ground may be embraced and included in an ment and for the Endowments of the Members will recall that this matter Arts and Humanities. Support the mo- has been a contentious issue twice this application for a patent for such vein or lode, and the same may be patented therewith, tion to instruct the Interior conferees. year, both on the 1999 emergency sup- subject to the same preliminary require- Mr. Speaker, I reserve the balance of plemental appropriations bill and on ments as to survey and notice as are applica- my time. the 2000 Interior appropriations bill. ble to veins or lodes; but no location made Mr. REGULA. Mr. Speaker, I yield Both the House and Senate versions of on or after May 10, 1872, of such nonadjacent myself such time as I may consume. the Interior bill contain provisions re- land shall exceed five acres. Mr. Speaker, I would just briefly ad- lating to the permissible level for mill- I urge my colleagues to do the right dress a few of the points made by the sites for mining activities on Federal thing for the environment and for our gentleman from Washington (Mr. lands. publicly owned lands and reaffirm their DICKS). The House provision was included as support for the Rahall amendment. First of all, on the matter of amend- a floor amendment offered by the gen- The second part of the motion merely ing the Mining Act of 1872, that is a tleman from West Virginia (Mr. RA- instructs the House conferees to agree policy change; and I think that cor- HALL) for himself and for the gen- with the slightly higher funding levels rectly it should be done by the Con- tleman from Connecticut (Mr. SHAYS) that the other body recommended for gress in the normal legislative process. and for the gentleman from Wash- the National Endowment for the Arts I do not believe that a Solicitor Gen- ington (Mr. INSLEE). and the Humanities. For each Endow- eral should exercise a privilege of October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9277 amending a policy matter that has had the highest quality, that rep- Through the use of computers, edu- been adopted by the Congress. That resented the finest in the arts. I believe cational software and the Internet, the would, to me, be bad public policy. that a lot of the success in recent years NEH is also using its Teaching with I think, obviously, something we of both the Endowment for the Arts Technology initiative to bring the hu- need to address is the Mining Act. 1872 and Humanities is because we did give manities to life in the information age. is a long time ago and many things some guidance. I think the gentleman Mr. Speaker, a majority of Ameri- have changed since then, but it should from Ohio deserves a great deal of cred- cans and a majority of this House sup- be done in an orderly way rather than it for his leadership on this issue. port the arts and humanities. In addi- to delegate legislative responsibility to Mr. Speaker, I yield 5 minutes to the tion, these institutions are supported the Solicitor General. distinguished gentlewoman from New by such entities as the United States I might mention on the matter of the York (Ms. SLAUGHTER), the chairman of Conference of Mayors, the National As- arts, since there has been a rather live- the Arts Caucus who has been a real sociation of Counties, and by such cor- ly discussion prior to this on the leader on these issues. porations as CBS, Coca-Cola, Mobil, Brooklyn Museum of Art, and that is Ms. SLAUGHTER. Mr. Speaker, first Westinghouse and Boeing, to name just that we maintain in this bill the Con- I want to commend the gentleman a few. These organizations support the gressional reforms: 15 percent cap on from Ohio (Mr. REGULA) and the gen- arts because they provide economic the amount of funds any one State can tleman from Washington (Mr. DICKS) benefits to our communities. Last receive; State grant programs and for their extraordinary work and how year, the $98 million allocated to the State set-asides are increased 40 per- wonderful it is to work with both of NEA provided the leadership and back- cent of total grants; anti-obscenity re- them. bone for a $37 billion industry. For the quirements for grants, and this is sup- The first thing I want to say today is price of one-hundredth of 1 percent of ported by the Supreme Court decision we have just had the resolution on the the Federal budget, we helped create a in 1998, as was stated in the previous Brooklyn Museum of Art. I want to put debate, puts six Members of Congress system that supports 1.3 million full- everybody’s minds at rest, there is no on the National Council on the Arts, time jobs in States, cities, towns and NEA money in that exhibition. villages across the country, providing three from the House, three from the Mr. Speaker, I rise in support of the Senate; reduce the presidentially ap- $3.4 billion back to the Federal Treas- motion to instruct conferees on the fis- pointed council to 14 from 26; prohib- ury in income taxes. I think that is a cal year 2000 Interior appropriations ited grants to individuals except for good investment. bill. As most of my colleagues will at- literature fellowships or National Her- As we head into a new millennium, test, I have long stood at the well of itage fellowship or American Jazz Mas- these modest increases will allow the ters fellowship; prohibited subgranting this Chamber to advocate for the NEA and the NEH to spread the won- of four full seasonal support grants; al- strongest level of support possible for derful work that they do to every city, lows NEA and NEH to solicit and in- the arts and humanities. town and village in America. Federal vest private funds to support the agen- For the past 4 years, this body has support for the arts and humanities is cies; provided a grant priority for passed up the opportunity to benefit an incredibly worthwhile investment projects in underserved populations; millions of Americans by choosing to and these increases would take a small provided a grant priority for education, level-fund the National Endowment for but important step toward revitalizing understanding, and appreciation of the the Arts and for the Humanities. Year two agencies that we have neglected arts; and provided emphasis for grants after year, I have joined with other for too many years. to community music programs. members in a bipartisan way, members I urge all of my colleagues to vote in These changes were incorporated in of the Congressional Arts Caucus, to favor of the motion to instruct. prior Interior bills limiting the NEA. I show our support for our Nation’s cul- Mr. REGULA. Mr. Speaker, I yield 5 think they worked extremely well, and tural institutions, and to fight back minutes to the gentleman from Nevada that has been evident by the fact that against the political rhetoric and cam- (Mr. GIBBONS). we have not had some of the problems paigns of misinformation that have (Mr. GIBBONS asked and was given that were prevalent in the past. I think long been used against these vital permission to revise and extend his re- these conditions are an important ele- agencies. marks.) ment in congressional responsibility or So today I say with great enthusiasm Mr. GIBBONS. Mr. Speaker, I want congressional oversight, as my col- that we are finally beginning to reap to thank the chairman of the com- leagues may choose to define it. the benefits of these efforts. This mo- mittee for yielding me this time here That is one of the issues, of course, in tion to instruct provides badly needed to address some of these issues. the Brooklyn Museum of Art, and that relief to the NEA and the NEH by di- I am not sure whether we are here ar- is what oversight does Government recting the conferees to accept the $5 guing about the mill site provision on have on the way in which funds are ex- million funding increases that were re- the basis of science or emotion. I rise pended. We have tried to do a respon- sponsibly added to this bill by the in strong opposition to the motion to sible piece of work on this issue, and I other body. These small increases will instruct conferees because this amend- think it has been a great help in keep- permit the NEA to broaden its reach to ment, this provision on the mill site is ing support for the NEA and the NEH, all Americans through its Challenge nothing but a rider which we con- and particularly the NEA, in our bill. America initiative. It will give the En- stantly hear, it is a rider on an appro- Mr. Speaker, I reserve the balance of dowment the resources to undertake priations bill, it is legislating on an ap- my time. the job that we in Congress have asked propriations bill, and it is not nec- Mr. DICKS. Mr. Speaker, I yield my- of it, to make more grants to small and essary. Members start talking about self such time as I may consume. medium-sized communities that have the sound science, as I hear from the Mr. Speaker, I do want to commend not been the beneficiaries of Federal previous speakers who are in support of the chairman. I had the privilege of arts funding in the past. From the this motion, on the basis that it is working with him a few years ago in needed to protect our land and protect drafting language that, as he sug- fields of rural America to the streets of our environment. I refer them directly gested, was tested by the Supreme our inner cities, the NEA has a plan to to the publication which was just Court of the United States. That rule expose all Americans to the arts and printed, in fact it was released Sep- tried to emphasize quality in making this money would help them to do ex- these grant awards. Because, obvi- actly that. tember 29, 1999, from the National Re- ously, the National Endowment for the In addition, the NEH plays an equal- search Council titled ‘‘Hard Rock Min- Arts and Humanities, neither one of ly important role in our society. It is ing on Federal Lands.’’ The number them can fund every single grant appli- at the forefront of efforts to improve one issue in this 200-page report that cation that comes in. and promote education in the human- was paid for and authorized to study ities. NEH funding is well spent to en- this issue says that the existing array b 1715 sure that teachers, restricted by scarce of Federal and State laws regulating We worked on language that talked funding, are well-trained in history, mining in general are effective in pro- about funding those applications that civics, literature and social studies. tecting the environment. H9278 CONGRESSIONAL RECORD — HOUSE October 4, 1999 There is no reason that we have to sit Interior Appropriations Act. This motion will They see government unresponsive to their here and talk about restricting mill allow the Solicitor of the Department of the In- concerns, beyond their control and view regu- sites to protect the environment. I terior to amend the existing mining law without lators as a class apart, serving themselves in would agree with my colleague from congressional authorization. the complete guise of serving the public. Washington that the 1872 law says that In March of this year, the Solicitor at the De- When regulators take it upon themselves to it is a five-acre mill site. That is for partment of the Interior reinterpreted a long- legislate through the regulatory process the one reason, because we permit and we standing provision of law and then relied on people lose control over the laws that govern stake out or locate mill sites in five- his new interpretation to stop a proposed gold them. No defensible claim can be made that acre increments. But when we restrict mine in Washington State. regulators possess superior knowledge of this five acres to a 20-acre claim, it This proposed mine (Crown Jewel) had what constitutes the public good. Nor to take does not allow for the administration, gone through a comprehensive environmental it upon themselves to create laws they want the milling, as well as the overburden review by Federal and State regulators, which because of congressional gridlockÐthe value and tailings that come from a 20-acre was upheld by a federal district court. They laden word for a decision not to make law. mine. You cannot take 20 acres of over- had met every environmental standard re- The so-called gridlock that the policy elites burden rock, move them off of 20 acres quired and secured over 50 permits. The mine view as to unconscionable was and is no and stack them on five acres and put qualified for their Federal permit after spend- problem for people who believe in the separa- your administration there, put your ing $80 million and waiting over 7 years. The tion of powers doctrine contained in the Con- mill site there, as well as the tailings local Bureau of Land Management and Forest stitution which holds that laws indeed should that are off of this mine. Service officials informed the mine sponsors not be made unless the broad support exists So I would suggest that this is really that they qualified for the permit and they to get those laws through the Article I process a poor interpretation of the current should come to their office to receive it. It was of the Constitution, i.e., ``All legislative powers mining practices that have not been then that the Solicitor in Washington D.C. in- herein granted shall be bested in Congress.'' challenged even by this administration tervened and used his novel interpretation of Let us debate the merits of the proposal, do until this recent Solicitor General’s the law to reject the project. not destroy the lives of hundreds of thousands opinion that was put in simply to stop This Motion is cleverly designed to codify of miners just to appease special interest the Crown Jewel mine in Washington this administrative reinterpretation. This inter- groups whose entire agenda is to rid our pub- State. pretation has been implemented without any lic lands of mining. If you have problems with For the past practices of this indus- congressional oversight or rulemaking which mining on our public lands come and see me, try, the administration through the would be open to public review and comment. together we can make positive changes but do Bureau of Land Management has per- This was a calculated effort to give broad dis- not destroy the lives of my constituents today mitted numerous mill site applications cretion to the Solicitor to stop mining projects by supporting this Motion! per mining claim, not restricting them that met all environmental standards yet were Without mining none of us would have been to numbers but only to five acres in still opposed by special interest groups. The able to get to work today, we would not have size and increment, so that you could Motion should be defeated and the Solicitor a house over our headsÐbecause without get more than one 5-acre mill site per should be required to seek a congressional mining we have nothing. Give our mining fami- mining claim. This is necessary be- change to the law of enter a formal rulemaking lies a chance to earn a living, to work to pro- cause of the current practices of min- vide the very necessities that you require. Op- ing. Unlike underground mining which giving the impacted parties an opportunity to pose the devastating riders in the Motion to In- is in my colleague’s State of West Vir- comment on the change. If allowed to stand, the Interior Department's struct Conferees and uphold your constitu- ginia here, most of the mining out ruling will render the Mining Law virtually West is done in open pit style mining tional oath to your constituents. meaningless and shut down all hard rock min- Mr. DICKS. Mr. Speaker, I yield 4 where it takes a great deal of overbur- minutes to the distinguished gen- den, removes that off of the ore deposit ing operations and projects representing thou- tleman from West Virginia (Mr. RA- and then mines the ore body. It takes a sands of jobs and billions of dollars of invest- HALL) who was the author of this requirement of acreage larger than five ment throughout the West. This Motion would destroy the domestic amendment to the Interior appropria- acres to put an overburden that comes mining industry and with the price of gold at a tions bill and who is an expert on this from a 20-acre mill site. What we would be doing here in ef- new 30-year low, the second largest industry subject here in the House of Represent- fect by passing this motion to instruct in Nevada will cease to exist. Pay attention atives. Mr. RAHALL. Mr. Speaker, I thank conferees and restricting them to a Congress, mining will no longer exist in Ne- five-acre limitation would be to effec- vada. the distinguished ranking minority tively and retroactively go back and If the Secretary or his solicitor has problems member for yielding me the time and shut down these mines. I think that is with the United States mining law then he commend him for the motion that he in the wrong direction that we would should take these problems to Congress, to has brought. I support all three points be taking this industry, and so I would be debated in the light of day, before the of his motion to instruct but would suggest to my colleagues that we op- American public. Laws are not made by like to narrow my remarks to the mill pose this, because there is no real need unelected bureaucrats. Bureaucrats administer site provisions portion of these instruc- for this provision. the laws Congress approves whether or not tions. We are able to go back through the they agree with those laws. It is the duty of As has been referred to, Mr. Speaker, permitting process, through all of the government in a democracy to deal honestly the House overwhelmingly in a bipar- environmental agencies, through all of with its citizens and not to cheat them. tisan vote on July 14 adopted my the agencies that oversee mining and As the Wall Street Journal stated, ``if the So- amendment offered along with the gen- actually look and review the require- licitor's millsite opinion is allowed to stand, in- tleman from Washington (Mr. INSLEE) ments for more than a single five-acre vestment in the U.S. will be as risky as third and the gentleman from Connecticut mill site with some of these mines. And world nations.'' The International Union of Op- (Mr. SHAYS) to uphold the Interior De- in doing that process, we have then erating Engineers opposed the Rahall amend- partment’s lawfully constructed posi- protected the environment. We have ment on the basis that if passed it will force tion on the ratio of mill sites which looked at it from all angles. But to re- the continued loss of high paying U.S. direct may be located in association with strict them on an arbitrary basis that and indirect blue-collar jobs in every congres- mining claims on western Federal you only get five acres is totally un- sional district. The Constitution gives the peo- lands. This amendment was adopted founded in the science and is supported ple control over the laws that govern them by 273–151, so a vote today in support of by this recent publication here that we requiring that statutes be affirmed personally this motion to instruct would be con- have in our hands today. by legislators and a president elected by the sistent with the vote of last July 14. Mr. Speaker, I want to thank the people. This issue is about protecting the gentleman from Ohio for his leadership Majorities in the House and Senate must American taxpayers and the environ- in this area. I do rise in opposition to enact laws and constituents can refuse to re- ment against abuses which occur under this motion to instruct. elect a legislator who has voted for a bad law. that Mining Law of 1872 under which Mr. Speaker, I rise to oppose the Motion to Many Americans no longer believe that they there is overwhelming support for some Instruct Conferees on H.R. 2466, the FY 2000 have a government by and for the people. type of reform. Simply put, if Members October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9279 voted ‘‘aye’’ on July 14, they vote after amendment to appropriations an, I guess I will have to say, an art ex- ‘‘aye’’ today as well. As for the 151 bills which they feel are legislative hibit, although it is certainly hard to Members who voted ‘‘no’’ at that time, amendments rather than appropriating qualify it as such, in New York City, in perhaps they will see the light, have amendments and therefore do not be- Brooklyn. And the gentleman opposing the opportunity to make amends, and long on appropriations bills. us on that indicated that he really did today is the opportunity to do the Just last week we were treated to the not understand the gist of my point, so right thing. concerns that one chairman of an au- I am happy to once again stand up here We have had debate on this issue dur- thorizing committee had on two appro- and get a few more minutes, a bit ing the course of many years. Since our priations bills that were on the floor. longer time, to say what I want to say last debate, however, on July 14, new Because of that, I find it ironic that in about this and explain my concern information has come to light. Under a this case what we are trying to do about it and do so a little slower be- directive that was included in the sup- today is to tell the other body that cause I have a little more time to do it. plemental appropriation enacted last they should strip from the Interior and Maybe it will be better understood. May, the Interior Department has now HUD appropriation bills a whole range But the fact is that the problem we completed a report on the number of of amendments that do not belong on see both in Brooklyn, the problem with pending plans of operation and patent the bill. increasing money to the NEA, is en- applications, which under the Solici- Three years ago on the HUD bill, we demic to this whole question of wheth- tor’s opinion, contain a ratio of mill had a fight over 13 anti-environmental er or not we should be asking tax- sites to mining claims in excess of riders that were added to that bill, and payers of the United States to fund any legal requirements. The results of this it took three votes before we finally project of art because we are always report clearly illustrate that the So- were able to strip those off. Now we going to have these kinds of debates licitor’s opinion will not lead to the have well over a dozen major anti-envi- because there will always be people end of all hard rock mining on western ronmental riders added by the other who will push the kind of stuff that we Federal lands as some would have us body, if we take the administration’s are talking about in Brooklyn and will believe. count, and well over that number if we do other kinds of things in order to get In response to the gentleman from take other outside observers’ count. the attention of either the Congress or Nevada who just said that what we are b 1730 any other appropriating body that is doing by these instructions is retro- giving money to the arts in order to actively going back and shutting down In many instances the people who eliminate any sort of criteria whatso- mines, that statement is certainly not have been offering these amendments ever in the decision-making process as substantiated by the facts of what I am are authorizing committee chairs who to what should be publicly funded, be- about to present to the body. There are cannot get those amendments added to cause they do not want it, they do not 338 pending plans of operations affect- authorizing legislation and so are now want that kind of restriction. So they ing BLM, National Forest System and trying to use the appropriations bills are always going to be pushing the en- National Park System lands. Three as vehicles to accomplish their own velope and will always be here talking hundred thirty-eight pending plans of ends. about whether or not it is appropriate. operations. Twenty-seven were found So we see the spectacle of amend- My point is that I agree that I wish to include a ratio of mill sites to min- ments being added to satisfy the min- we were not here doing that because I ing claims in excess of the legal re- ing industry, amendments being added wish we were not appropriating money quirement. Twenty-seven of those 338 to satisfy the logging industry, amend- for the arts, period. It is not the re- would be affected by these instruc- ments are offered to satisfy the grazing sponsibility of the Government to de- tions. That is only about 8 percent. interests, and we see amendments termine what is and what is not art. Pending patent applications that being offered to satisfy the oil indus- We can certainly, and there was a ro- could be affected, here the Department try. bust debate about what exactly is and found that of the 304 grandfathered The problem is that in each instance is not art in Brooklyn, and I wish we patent applications, only 20, that is those amendments are against the pub- were not here doing it; but as long as about 7 percent, are estimated to have lic interests. They may be perfect, a we are going to tax Americans for this excess mill sites. It is clear, then, that perfect fit with private interests, but purpose, as long as we are going to the vast majority of the hard rock min- they are certainly the antithesis of take money out of their pockets and ing industry in this respect has chosen what we would do if what we were distribute it to individuals, then we are to abide by the legal requirements of doing is focusing on the public inter- going to be here determining what is the law. The vast majority of the hard ests; and to me what the gentleman is what, what is and what is not art, what rock mining industry abides by the simply suggesting is that enough is should be and what should not be fund- legal requirements of the law. So I find enough, we ought to instruct the con- ed. And that is why I certainly rise in it difficult to believe that the Congress ferees to eliminate these nonappropria- opposition to any increase whatsoever would now penalize this majority of tion provisions. It seems to me, if we in appropriations to the NEA, and I law-abiding operations and award the do that, we will be protecting the tax- certainly would rise, if I had the oppor- contrary minority as they relate to the payers’ interests as well as the public tunity, to strike all funding for it for mill site to mining claim ratio by re- interest; and once in a while just for this very reason. It always creates this jecting the Solicitor’s opinion. the heck of it that is what we ought to kind of confrontation, and it should So let us go along with these instruc- be seen as doing. not. We should not be funding it. tions, with the vote we had last July Mr. REGULA. Mr. Speaker, I yield 3 Mr. DICKS. Mr. Speaker, I yield 3 14, an ‘‘aye’’ vote to instruct the con- minutes to the gentleman from Colo- minutes to the distinguished gen- ferees to uphold the House position as rado (Mr. TANCREDO). tleman from Washington (Mr. INSLEE) well as the majority law-abiding por- Mr. TANCREDO. Mr. Speaker, I rise who has been a leading defender and tions of the hard rock mining industry. today in opposition to the motion to protector of the environment in Wash- Mr. DICKS. Mr. Speaker, I yield 4 instruct, specifically on the issues re- ington State and throughout the coun- minutes to the gentleman from Wis- garding the NEA and the NEH. I will try. consin (Mr. OBEY), the distinguished not deal with the issue of mining and Mr. INSLEE. Mr. Speaker, I will ranking member of the Committee on the policy issues, but the increase in speak in strong support of this motion, Appropriations. funding for NEA and NEH. I rise be- and I think this motion supports two Mr. OBEY. I thank the gentleman for cause we just debated an issue similar values that we ought to hold, and the yielding me this time. to this, of course, just a few minutes first is the value of respect, respect for Mr. Speaker, we have many times in ago, about a half hour ago I suppose. the law, and the second value is respect this Congress seen committee chairs of And I rose on that occasion to sup- for this House and our interests in pro- authorizing committees complain port an amendment that would clearly tecting the public interests, not the about the fact that the Committee on identify the sense of the Congress special interests; but first, respect for Appropriations has added amendment about the expenditure of tax money on the law. H9280 CONGRESSIONAL RECORD — HOUSE October 4, 1999 We have got to understand that all would all the enlightened Members of the time and his leadership on the com- this motion does is simply say that we this body. Sometimes the Senate gets mittee, and in these efforts I request are going to respect, we are going to away with things, and we just have to that we do vote yes on the Dicks mo- follow, we are going to honor the pre- try to set them straight. tion to instruct the Interior conferees. existing and existent law of the United So I support this because not only I would just like to take a moment to States of America today. And I would would I like to see a little extra money underline the importance of the arts like to refer my colleagues to 30 U.S.C., for the National Endowment for the and the humanities. There are a lot of Section 42, in the language specifically Arts and Humanities, but certainly we parts of America and rural America previously adopted by Congress, not by ought not allow mining operators to and rural Maine that cannot afford some bureaucrat, not by some middle- claim at taxpayer expense as much some of the luxuries in major urban level agency official. By the United acreage as the operators deem nec- areas and throughout this country, and States Congress the law specifically essary for these waste piles that pose to have an organization like the Na- says that such patents and mining significant environmental problems. So tional Endowment for the Arts and Hu- claims on nonadjacent land shall not the gentleman from West Virginia (Mr. manities to be able to provide re- exceed 5 acres, shall not exceed 5 acres. RAHALL) won that issue on a 273 to 151 sources to rural communities so that It is the law today, and we are not vote; we certainly ought to stand firm he can have an advantage of the arts amending the law, we are preventing on it. programs. an amendment of law in the appropria- But perhaps the most important Arts education is shown to increase tions process. thing that we could do in conference the SAT scores of young people by 50 to Now it is beyond my imagination would be to prevent the Senate from 60 points, and what people are finding when the U.S. Congress says, If you’re adding any number, a host of anti-envi- out, that the arts are not just a side going to have a place to put your cya- ronmental riders that they slipped in. dish or an appetizer; but they are part nide-laced rock on the public’s land, They slipped them in without public of the main course and the main course you can only do it, but it won’t exceed review, overriding existing environ- of people throughout this country. I would like to further underscore 5 acres, how folks can turn around and mental protections, limited tribal sov- the importance of this instruction of say, Well, sure, you can only do it 5 ereignty, and imposed unjustified conferees as it pertains to mining acres, but you can do it as many times micro-management restrictions on waste and on Federal lands and also in as you want on 5 acres. agency activities. That does not wash. We should have To think that this bill permanently rejection of these anti-environmental extends expiring grazing permits na- respect for the law and pass this riders that have been put forth. tionwide on Bureau of Land Manage- We must approve this, must approve amendment. this now. But secondly, I think there is maybe ment lands without the environmental Mr. DICKS. Mr. Speaker, I yield 1 a more important issue here, and that review required by current law, it minute to the distinguished gentle- is respect for this House and this delays the forest plans until final plan- ning regulation of the public, thus pre- woman from New York (Mrs. Houses’s obligation to protect the gen- venting new science and sustainable MALONEY). eral public interest. forest practices from being incor- Mrs. MALONEY of New York. Mr. As my colleagues know, it has been a Speaker, I rise in strong support of this sad fact that this other chamber, which porated into expiring forest plans. It has a limitation on tribal self-de- motion, and I applaud the gentleman we dearly respect, has sent us over termination; there is a permanent pro- from Washington (Mr. DICKS) for offer- anti-environmental riders after anti- hibition on grizzly bear reintroduction ing it and for his successful efforts here environmental riders, and those riders on Federal lands in Idaho and Montana in the House and then keeping the protect the special interests, not the that overturns a recent Federal Circuit anti-environmental riders out of the general public interest; and if we ask Court of Appeals decision requiring House version of this bill. why there has been such an interest in Federal land management agencies to I would like to speak about one spe- some of our States in independent poli- conduct wildlife surveys before amend- cific rider that would prohibit the past tics and reform-minded politics, it is ing land management plans; there is a in the Senate, that would prohibit the because the other chamber has sent us limitation on the receipt of fair mar- Department of Interior from imple- sometimes fleas on the backs of some ket value for oil from Federal lands; it menting new rules to require oil com- of these laws, and we have got to de- delays for the fourth time the publica- panies to pay market price royalties to louse some of these appropriation bills. tion of final rules to establish fair mar- the American taxpayer on oil they drill We ought to start right here with this ket value. on publicly owned Federal lands. Now motion. Mr. Speaker, that alone costs the they keep two sets of books, one that We should stand up for our vote and taxpayers $68 million, and the Senate they pay each other market price, but the 273 Members that stood up for the just slips it in. There is a limitation on when it comes to paying the Nation’s general interest and pass this motion. energy efficiency regulations in the school teachers, Indian tribes, Land Mr. DICKS. Mr. Speaker, I yield my- Federal Government. These have been and Water Conservation Fund, they self 15 seconds. praised by everyone, and yet this Sen- want to pay less. Interior says this I want to compliment the gentleman ate provision stops us from imple- costs the American public $66 million a from Washington (Mr. INSLEE) for fol- menting that Federal energy efficiency year, and I say let us let the money lowing the Udall rule, that when all regulation. There is delays for the Co- that is rightfully due America’s school- else fails, read the statute. The gen- lumbia Basin ecosystem plan, the Co- children and the public school system, tleman clearly has done that, and the lumbia River Gorge plan, mineral de- let us let them pay the market price statute is pretty clear; and I urge the velopment in the Mark Twain National and not hurt the schoolchildren and other side to take a look at it at their Forest that overrides Federal land pay themselves more. It is unfair; it is leisure. managers’ ability to act responsibly wrong. Mr. Speaker, I yield 3 minutes to the there. Vote against the oil companies and gentleman from Virginia (Mr. MORAN), There is a host of environmental rid- for schoolchildren. a member of our subcommittee, a val- ers. They are all anti-environmental b ued member of our subcommittee. riders. None of them should have been 1745 Mr. MORAN of Virginia. I thank the slipped in. We would not have allowed Mr. DICKEY. Mr. Speaker, I yield 21⁄2 gentleman from Washington, our very them on the House floor; we should not minutes to the gentleman from Cali- valued ranking member on our sub- allow them in the conference. fornia (Mr. GEORGE MILLER), who has committee, and I want to thank the Mr. DICKS. Mr. Speaker, I yield 2 been one of the leaders on environ- chairman of our Subcommittee on In- minutes to the gentleman from Maine mental issues in the House and a terior for his very fine work; and I am (Mr. BALDACCI), a very valued Member former chairman of the Committee on just up here to support this instruction of this House. Resources. because I know it is wholly consistent Mr. BALDACCI. Mr. Speaker, I thank Mr. GEORGE MILLER of California. with what our chairman would want, as the ranking member for yielding me Mr. Speaker, I thank the gentleman for October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9281 yielding me this time and appreciate MODIFICATION TO MOTION OFFERED BY MR. bill and though it falls short of the administra- his bringing this motion to the floor. DICKS tion's request it takes care of the national Mr. Speaker, we should clearly adopt Mr. DICKS. Mr. Speaker, I ask unani- parks, Native Americans, cultural institutions, the House position as reflected in the mous consent that the first section and museums. This bill is truly about pre- July vote earlier this year on the Ra- number in my motion read ‘‘section serving the legacy of this great land for Amer- hall-Shays-Inslee amendment to the 335’’, not ‘‘section 336.’’ ica's children. bill. House Members voted 273 to 151 in The SPEAKER pro tempore (Mr. However, I want to voice my disappointment support of the amendment. PEASE). Is there objection to the re- in the Appropriations Committee's funding rec- quest of the gentleman from Wash- Mr. Speaker, those opposed would ommendation for the National Endowment for ington? suggest somehow the solicitor in the the Arts (NEA) and the National Endowment There was no objection. Department of Interior simply woke up for Humanities (NEH). I do appreciate the fact Mr. DICKS. Mr. Speaker, I yield my- one day and tried to redefine an 1872 that the Committee tagged $98,000,000 for self such time as I may consume. mining law to limit the number of the National Endowment for the Arts. How- Mr. Speaker, I want to thank the ever, I still find the recommendation insuffi- acres that mining operations can claim Members who spoke today. I think this as waste disposal. Nothing can be fur- cient. The Administration requested was a spirited debate. I know the chair- $150,000,000, a full $52,000,000 more than ther from the truth. man and I both want to see us get a bill The fact of the matter is that the law the Appropriations' recommendation. This in a timely way that the President of number is unsatisfactory given the importance and the record on the law is replete the United States can sign. That means with example after example, dealing of the arts. The NEA remains the single larg- we are going to deal with these riders. est source of funding for the nonprofit arts in from 1872 to 1891 to 1903 to 1940 to 1955 Mr. Speaker, I understand how to 1960 to 1970 to 1974, time and again, the United States, and this agency provides strongly people feel about these issues. quality programs for families and children. In- time and again, in the writings of both I have had problems with these in my people from the mining industry, from sufficient funding to the NEA results in collat- own State. But I do believe that unless eral damage to praiseworthy arts, as well as the government, and from interested we narrow these dramatically, we are parties, time and again the law is very to theaters such as the Alley Theater in Hous- going to have a hard time getting this ton, Texas. clear on its face that the solicitor in bill enacted. The Committee also underfunds the Na- his 1977 analysis is quite correct on I also rise in strong support of the tional Endowment for the Humanities at mill-site provisions; and, in fact, that National Endowment of the Arts and $110,700,000. At $39,300,000 below the Ad- they were not to be allowed to be given Humanities. I believe that they deserve ministration's request, the agency cannot con- additional land. this extra support. By the way, this tinue to support education, research, docu- The reason they should not is that is very controversial project in Brooklyn ment and artifact preservation, and public we should not sponsor without very has not received any funding from the service to the humanities. careful consideration the expansion of National Endowment for the Arts. The mill waste. This country is spending museum has received support on other We spent much of this afternoon discussing hundreds of millions of dollars, and is projects, but one of the things that the federal funding for art. This debate was a yet to spend additional hundreds of chairman, and I supported him on this, waste of our time and a waste of our tax- millions of dollars, cleaning up after insisted on was a very specific descrip- payers time. We have a long tradition of sup- the waste product of mines that have tion of what the money from the en- port for the arts, beginning in 1817. The very been developed across the country. dowment is going to be used for. The art that adorns the U.S. Capitol came from federal funding. The private sector simply can- No longer is this some miner and his money is not being used for this con- not provide adequate funding for our arts en- pick and shovel and his mule going out troversial project in New York. That deavor if enough federal funding is not estab- across the country. These are some of shows that the reforms that we have lished. Underfunding the arts would result in the biggest earth movers on the face of put into place, in fact, are working. the loss of programs that have national pur- the earth that move hundreds and hun- Mr. UDALL of Colorado. Mr. Speaker, I rise poses such as touring theater and dance com- dreds of tons of earth to get a single in support of this motion to instruct conferees, panies, travelling museum exhibitions, and ounce, a single ounce, of gold. The min- and ask unanimous consent to revise and ex- radio and television productions. ing that is done with the cyanide heap tend my remarks. leaching must be carefully controlled, By adopting this motion, the House will be The NEA, in particular, also seeks to pro- and those leach piles are there for the giving its conferees a simple instructionÐto do vide a new program, Challenge America, that foreseeable future. Before we make a the right thing. establishes arts education, youth-at-risk pro- decision that they can simply spread It is the right thing to reject the attempt of grams, and community arts partnerships. those across all of the claims, this law the other body to use the appropriations proc- Inner-city areas, especially minority groups ought to be upheld and we ought to ess to rewrite the mining laws in a piecemeal and their children, would greatly benefit from continue to support the Rahall-Shays- and unbalanced way, for the special benefit of this program, but the program is based upon Inslee amendment. certain interests. We do need to revise the the $150 million Administration request. Art is something that all can enjoy, and by providing Mr. Speaker, I thank the gentleman 1872 mining law. But we shouldn't do it in a backdoor way that addresses only one aspect adequate federal funding we can increase ac- for bringing this proposal to the House cess to the arts for those who desire it the and ask for strong support of it. of the law and not the larger issues, including the basic question of whether the American most. Mr. REGULA. Mr. Speaker, I yield I will note that the committee justly myself such time as I may consume. people are receiving an adequate return for the development of minerals from our public prioritized the needs of America's national Mr. Speaker, I just have one com- lands. parks, Native Americans, cultural institutions, ment: The ranking minority member It is also the right thing to adequately sup- and museums in this appropriations bill. I am talked about the Congressional re- port the arts and humanities that are so impor- pleased that this bill remains free of the envi- forms, and I want to compliment Mr. tant to the cultural life of our nation. ronmental riders, which has plagued this proc- Ivy and Mr. Ferris. I think they have And it definitely is the right thing to reject at- ess in the past. tried to live up to these standards in tempts to use the appropriations process to This bill continues the Recreational Fee the administration of their two agen- undermine the protection of our environment. Demonstration Program allowing public lands cies. So, I urge the adoption of this motion to in- to keep 100% of the fees. This will result in I would say to the gentleman from struct the conferees. over $400 million of added revenue over the Maine (Mr. BALDACCI), you mentioned Ms. JACKSON-LEE of Texas. Mr. Chair- life of the demo program spent at collections about the areas of lesser population, man, I rise to speak on the motion to instruct sites. This revenue will address maintenance and we did recognize that in these conferees for the Interior Appropriations Bill. backlogs at several of America's historical lo- standards, to get grants into the small- Earlier this summer, I offered my general sup- cations. er communities across this country. port of H.R. 2466. H.R. 2466 appropriates a One of America's greatest treasures is it Mr. Speaker, I yield back the balance total of $14.1 billion in FY 2000 for Interior Ap- cultural gifts provided to our nation by the di- of my time. propriations. It is an overall fair and balanced verse American melting pot. This bill begins H9282 CONGRESSIONAL RECORD — HOUSE October 4, 1999 continues our efforts at preservation and edu- RECESS Brown (OH) Green (TX) McHugh Bryant Green (WI) McInnis cation by providing $26 million to the Smithso- The SPEAKER pro tempore. Pursu- Burr Greenwood McIntosh nian and $3.5 million to our National Gallery. ant to clause 12 of rule I, the Chair de- Burton Gutierrez McIntyre In addition Mr. Chairman this bill address Buyer Gutknecht McKeon clares the House in recess until ap- Callahan Hall (OH) McNulty America's commitment to the Native American proximately 6 p.m. today. Calvert Hall (TX) Meehan population. American Indian program in- Accordingly (at 5 o’clock and 50 min- Camp Hansen Meek (FL) creases include an additional $28.7 million for utes p.m.), the House stood in recess Campbell Hastings (FL) Menendez the Office of Special Trustee to begin to fix the Canady Hastings (WA) Metcalf until approximately 6 p.m.) Cannon Hayes Mica long-standing problems with the management f Capps Hayworth Millender- of Indian trust funds. It also provides an addi- Capuano Hefley McDonald tional $13 million for operation of Indian b Cardin Herger Miller (FL) 1800 Carson Hill (IN) Miller, Gary schools and Tribal Community Colleges. Castle Hill (MT) Miller, George Mr. Chairman, I would like to address my AFTER RECESS Chabot Hilleary Minge colleagues concerning the Department of En- The recess having expired, the House Chambliss Hilliard Mink ergy's Oil/Gas R&D Program. This program Clay Hinchey Moakley was called to order by the Speaker pro Clayton Hinojosa Mollohan oversees some 600 active research and de- tempore (Mr. PEASE) at 6 p.m. Clement Hobson Moore velopment projects. Many of these projects Clyburn Hoeffel Moran (KS) f are high risk and long range in scope and Coble Hoekstra Moran (VA) Coburn Holden Morella many are beyond the capabilities of the pri- ANNOUNCEMENT BY THE SPEAKER Collins Holt Murtha vate sector. Without the government's commit- PRO TEMPORE Combest Hooley Myrick ment to sharing the risk it would be impossible Condit Horn Nadler for private companies to invest. The SPEAKER pro tempore. Pursu- Conyers Hostettler Napolitano ant to clause 8 of rule XX, the Chair Cook Houghton Nethercutt This program is the catalyst for the govern- will now put the question on each mo- Cooksey Hoyer Ney ment's partnership with private industry. An in- Costello Hulshof Northup tion to suspend the rules and motion to vestment in Fossil Energy R&D is truly an in- Cox Hunter Norwood instruct conferees on which further Coyne Hutchinson Nussle vestment in America's future. This program proceedings were postponed earlier Cramer Hyde Oberstar has become the convenient whipping post today in the order in which that mo- Crane Inslee Obey when it is clear that this program is necessary Crowley Isakson Olver tion was entertained. to protect America's energy security. Cubin Istook Ortiz Votes will be taken in the following Cummings Jackson (IL) Ose I am also disappointed with the funding of order: Cunningham Jackson-Lee Owens the arts and humanities. I do appreciate the Danner (TX) Oxley House Resolution 181, by the yeas and fact that the Committee tagged $98,000,000 Davis (FL) Jefferson Packard nays; Davis (IL) Jenkins Pallone for the National Endowment for the arts. Obvi- H.R. 1451, by the yeas and nays; Davis (VA) John Pascrell ously, this amount of funding is a vast im- Deal Johnson (CT) Pastor Motion to instruct conferees on H.R. provement over the $0 recommended prior to DeFazio Johnson, E. B. Paul 2684, by the yeas and nays; and Committee recommendation. However, I still DeGette Johnson, Sam Payne Motion to instruct conferees on H.R. Delahunt Jones (NC) Pease find the recommendation insufficient. The Ad- 2466, by the yeas and nays. DeLauro Jones (OH) Pelosi ministration requested $136,000,000, a full DeLay Kanjorski Peterson (MN) The Chair will reduce to 5 minutes $38,000,000 more than the Appropriations rec- DeMint Kaptur Peterson (PA) the time for any electronic vote after Deutsch Kasich Petri ommendation. This number is unsatisfactory the first such vote in this series. Diaz-Balart Kelly Phelps given the important of the arts. The NEA re- Dickey Kildee Pickering mains the single largest source of funding for f Dicks Kilpatrick Pickett the nonprofit arts in the United States, and this Dingell Kind (WI) Pitts CONDEMNING KIDNAPPING AND Dixon King (NY) Pombo agency provides quality programs for families MURDER BY THE REVOLU- Doggett Kingston Pomeroy and children. Insufficient funding to the NEA Dooley Kleczka Porter TIONARY ARMED FORCES OF CO- results in collateral damage to praiseworthy Doolittle Klink Portman LOMBIA (FARC) OF THREE Dreier Knollenberg Price (NC) arts, as well as to theaters such as the Alley UNITED STATES CITIZENS Duncan Kolbe Pryce (OH) Theater in Houston, Texas. Dunn Kucinich Quinn The Committee also underfunds the Na- The SPEAKER pro tempore. The Edwards Kuykendall Radanovich pending business is the question of sus- Ehlers LaFalce Rahall tional Endowment for Humanities at Ehrlich LaHood Ramstad $96,800,000. At $25,200,000 below the Ad- pending the rules and agreeing to the Emerson Lampson Rangel ministration's request, the agency cannot con- resolution, House Resolution 181. Engel Lantos Regula tinue to support education, research, docu- The Clerk read the title of the resolu- English Largent Reyes Eshoo Larson Reynolds ment and artifact preservation, and public tion. Evans Latham Riley service to the humanities. The SPEAKER pro tempore. The Everett LaTourette Rivers I encourage my colleague to support H.R. question is on the motion offered by Ewing Lazio Rodriguez the gentleman from Nebraska (Mr. BE- Fattah Leach Roemer 2466 a balanced appropriations bill for Amer- Filner Lee Rogan ica's treasure. REUTER) that the House suspend the Fletcher Levin Rogers Mr. Speaker, I yield back the balance rules and agree to the resolution, Foley Lewis (CA) Rohrabacher House Resolution 181, on which the Forbes Lewis (GA) Ros-Lehtinen of my time. Ford Lewis (KY) Rothman The SPEAKER pro tempore. Without yeas and nays are ordered. Fossella Linder Roukema objection, the previous question is or- The vote was taken by electronic de- Frank (MA) Lipinski Roybal-Allard dered on the motion to instruct. vice, and there were—yeas 413, nays 0, Franks (NJ) LoBiondo Royce not voting 20, as follows: Frelinghuysen Lofgren Rush There was no objection. Frost Lowey Ryan (WI) The SPEAKER pro tempore. The [Roll No. 470] Gallegly Lucas (KY) Ryun (KS) question is on the motion to instruct YEAS—413 Ganske Lucas (OK) Sabo Gejdenson Luther Salmon offered by the gentleman from Wash- Abercrombie Barr Bishop Gekas Maloney (CT) Sanchez ington (Mr. DICKS). Ackerman Barrett (NE) Blagojevich Gephardt Maloney (NY) Sanders The question was taken. Aderholt Barrett (WI) Blunt Gibbons Manzullo Sandlin Allen Bartlett Boehlert Gilchrest Markey Sanford Mr. REGULA. Mr. Speaker, on that I Andrews Barton Boehner Gillmor Martinez Sawyer demand the yeas and nays. Archer Bass Bonilla Gilman Mascara Saxton The yeas and nays were ordered. Armey Bateman Bonior Gonzalez Matsui Schaffer Bachus Becerra Bono Goode McCarthy (MO) Schakowsky The SPEAKER pro tempore. Pursu- Baird Bentsen Borski Goodling McCarthy (NY) Scott ant to clause 8 of rule XX and the Baker Bereuter Boswell Gordon McCollum Sensenbrenner Chair’s prior announcement, further Baldacci Berry Boucher Goss McCrery Serrano Baldwin Biggert Boyd proceedings on this motion will be Graham McDermott Sessions Ballenger Bilbray Brady (PA) Granger McGovern Shadegg postponed. Barcia Bilirakis Brady (TX) October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9283 Shaw Stupak Walden [Roll No. 471] Peterson (PA) Schakowsky Thompson (CA) Shays Sununu Walsh Petri Scott Thompson (MS) Sherman Sweeney Wamp YEAS—411 Phelps Sensenbrenner Thornberry Sherwood Tancredo Waters Pickering Serrano Thune Abercrombie Dixon Kelly Shimkus Tanner Watkins Pickett Sessions Thurman Ackerman Doggett Kildee Shows Tauscher Watt (NC) Pitts Shadegg Tiahrt Aderholt Dooley Kilpatrick Shuster Taylor (MS) Watts (OK) Pombo Shaw Tierney Allen Doolittle Kind (WI) Simpson Terry Waxman Pomeroy Shays Toomey Andrews Dreier King (NY) Sisisky Thomas Weiner Porter Sherman Traficant Skeen Thompson (CA) Weldon (FL) Archer Duncan Kingston Portman Sherwood Turner Skelton Thompson (MS) Weldon (PA) Armey Dunn Kleczka Price (NC) Shimkus Udall (CO) Slaughter Thornberry Weller Bachus Edwards Klink Pryce (OH) Shows Udall (NM) Smith (MI) Thune Wexler Baird Ehlers Knollenberg Quinn Shuster Upton Smith (NJ) Thurman Weygand Baker Ehrlich Kolbe Radanovich Simpson Velazquez Smith (TX) Tiahrt Whitfield Baldacci Emerson Kucinich Rahall Sisisky Vento Smith (WA) Tierney Wicker Baldwin Engel Kuykendall Ramstad Skeen Visclosky Snyder Toomey Wilson Ballenger English LaFalce Rangel Skelton Vitter Souder Traficant Wise Barcia Eshoo LaHood Regula Slaughter Walden Spence Turner Wolf Barr Evans Lampson Reyes Smith (MI) Walsh Spratt Udall (CO) Woolsey Barrett (NE) Everett Lantos Reynolds Smith (NJ) Wamp Stabenow Udall (NM) Wu Barrett (WI) Ewing Largent Riley Smith (TX) Waters Stark Upton Wynn Bartlett Fattah Larson Rivers Smith (WA) Watkins Stearns Velazquez Young (AK) Barton Filner Latham Rodriguez Snyder Watt (NC) Stenholm Vento Young (FL) Bass Fletcher LaTourette Roemer Souder Watts (OK) Strickland Visclosky Bateman Foley Lazio Rogan Spence Waxman Stump Vitter Becerra Forbes Leach Rogers Spratt Weiner Bentsen Ford Lee Rohrabacher Stabenow Weldon (FL) NOT VOTING—20 Bereuter Fossella Levin Ros-Lehtinen Stark Weldon (PA) Berry Frank (MA) Lewis (CA) Berkley Etheridge Neal Rothman Stearns Weller Biggert Franks (NJ) Lewis (GA) Berman Farr Scarborough Roukema Stenholm Wexler Bilbray Frelinghuysen Lewis (KY) Bliley Fowler Talent Roybal-Allard Strickland Weygand Bilirakis Frost Linder Blumenauer Goodlatte Tauzin Royce Stump Whitfield Bishop Gallegly Lipinski Brown (FL) Kennedy Taylor (NC) Rush Stupak Wicker Blagojevich Ganske LoBiondo Chenoweth-Hage McKinney Towns Ryan (WI) Sununu Wilson Blunt Gejdenson Lofgren Doyle Meeks (NY) Ryun (KS) Sweeney Wise Boehlert Gekas Lowey Sabo Tancredo Wolf Boehner Gephardt Lucas (KY) Salmon Tanner Woolsey b 1823 Bonilla Gibbons Lucas (OK) Sanders Tauscher Wu Bonior Gilchrest Luther Sandlin Tauzin Wynn So (two-thirds having voted in favor Bono Gillmor Maloney (CT) Sawyer Taylor (MS) Young (AK) thereof) the rules were suspended and Borski Gilman Maloney (NY) Saxton Terry Young (FL) Boswell Gonzalez Manzullo Schaffer Thomas the resolution was agreed to. Boucher Goode Markey The result of the vote was announced Boyd Goodlatte Martinez NAYS—2 as above recorded. Brady (PA) Goodling Mascara Paul Sanford Brady (TX) Gordon Matsui A motion to reconsider was laid on Brown (OH) Goss McCarthy (MO) NOT VOTING—20 the table. Bryant Graham McCarthy (NY) Berkley Doyle Neal Burr Granger McCollum Stated for: Berman Etheridge Sanchez Burton Green (TX) McCrery Bliley Farr Scarborough Mrs. FOWLER. Mr. Speaker, on rollcall No. Buyer Green (WI) McDermott Blumenauer Fowler Talent 470, I missed the vote due to medical rea- Callahan Greenwood McGovern Brown (FL) Kennedy Taylor (NC) Camp Gutierrez McHugh sons. Had I been present, I would have voted Calvert McKinney Towns Campbell Gutknecht McInnis ``yes.'' Chenoweth-Hage Meeks (NY) Canady Hall (OH) McIntosh Cannon Hall (TX) McIntyre b f Capps Hansen McKeon 1832 Capuano Hastings (FL) McNulty So (two-thirds having voted in favor Cardin Hastings (WA) Meehan ANNOUNCEMENT BY THE SPEAKER Carson Hayes Meek (FL) thereof) the rules were suspended and PRO TEMPORE Castle Hayworth Menendez the bill, as amended, was passed. Chabot Hefley Metcalf The result of the vote was announced The SPEAKER pro tempore (Mr. Chambliss Herger Mica as above recorded. PEASE). Pursuant to clause 8 of rule Clay Hill (IN) Millender- Clayton Hill (MT) McDonald A motion to reconsider was laid on XX, the Chair announces that it will Clement Hilleary Miller (FL) the table. reduce to a minimum of 5 minutes the Clyburn Hilliard Miller, Gary Stated for: period of time within which a vote by Coble Hinchey Miller, George Mrs. FOWLER. Mr. Speaker, on rollcall No. electronic device may be taken on each Coburn Hinojosa Minge Collins Hobson Mink 471, I missed the vote due to medical rea- additional motion on which the Chair Combest Hoeffel Moakley sons. Had I been present, I would have voted has postponed further proceedings. Condit Hoekstra Mollohan ``yes.'' Conyers Holden Moore Cook Holt Moran (KS) f f Cooksey Hooley Moran (VA) Costello Horn Morella PERSONAL EXPLANATION Cox Hostettler Murtha ABRAHAM LINCOLN BICENTENNIAL Coyne Houghton Myrick Mr. KENNEDY of Rhode Island. Mr. Speak- COMMISSION ACT Cramer Hoyer Nadler er, on rollcalls No. 470 and 471, I was un- Crane Hulshof Napolitano avoidably detained. Had I been present, I The SPEAKER pro tempore. The Crowley Hunter Nethercutt pending business is the question of sus- Cubin Hutchinson Ney would have voted ``yea.'' pending the rules and passing the bill, Cummings Hyde Northup f H.R. 1451, as amended. Cunningham Inslee Norwood Danner Isakson Nussle APPOINTMENT OF CONFEREES ON The Clerk read the title of the bill. Davis (FL) Istook Oberstar The SPEAKER pro tempore. The Davis (IL) Jackson (IL) Obey H.R. 2684, DEPARTMENTS OF VET- question is on the motion offered by Davis (VA) Jackson-Lee Olver ERANS AFFAIRS AND HOUSING Deal (TX) Ortiz AND URBAN DEVELOPMENT, AND the gentlewoman from Illinois (Mrs. DeFazio Jefferson Ose BIGGERT) that the House suspend the DeGette Jenkins Owens INDEPENDENT AGENCIES APPRO- rules and pass the bill, H.R. 1451, as Delahunt John Oxley PRIATIONS ACT, 2000 amended, on which the yeas and nays DeLauro Johnson (CT) Packard DeLay Johnson, E. B. Pallone MOTION TO INSTRUCT CONFEREES OFFERED BY are ordered. DeMint Johnson, Sam Pascrell MR. MOLLOHAN This will be a 5-minute vote. Deutsch Jones (NC) Pastor The SPEAKER pro tempore (Mr. The vote was taken by electronic de- Diaz-Balart Jones (OH) Payne PEASE). The pending business is the Dickey Kanjorski Pease vice, and there were—yeas 411, nays 2, Dicks Kaptur Pelosi question of agreeing to the motion to not voting 20, as follows: Dingell Kasich Peterson (MN) instruct on the bill (H.R. 2684) making H9284 CONGRESSIONAL RECORD — HOUSE October 4, 1999 appropriations for the Departments of Peterson (PA) Schakowsky Thurman Mrs. MEEK of Florida, and Messrs. Phelps Scott Tierney Veterans Affairs and Housing and Pickering Sensenbrenner Traficant PRICE of North Carolina, CRAMER and Urban Development, and for sundry Pickett Serrano Udall (CO) OBEY. independent agencies, boards, commis- Pomeroy Shaw Udall (NM) There was no objection. sions, corporations, and offices for the Porter Sherman Vela´ zquez Portman Shows Vento f fiscal year ending September 30, 2000, Price (NC) Sisisky Visclosky and for other purposes, offered by the Quinn Skeen Walsh APPOINTMENT OF CONFEREES ON gentleman from West Virginia (Mr. Rahall Skelton Wamp H.R. 2466, DEPARTMENT OF THE Rangel Slaughter Waters INTERIOR AND RELATED AGEN- MOLLOHAN), on which the yeas and Regula Smith (MI) Watkins nays were ordered. Reyes Smith (NJ) Watt (NC) CIES APPROPRIATIONS ACT, 2000 Reynolds Smith (TX) Watts (OK) The Clerk read the title of the bill. MOTION TO INSTRUCT OFFERED BY MR. DICKS The SPEAKER pro tempore. The Riley Smith (WA) Waxman Rivers Snyder Weiner The SPEAKER pro tempore. The question is on the motion to instruct Rodriguez Spence Weldon (FL) pending business is the question of offered by the gentleman from West Rogan Spratt Weldon (PA) agreeing to the motion to instruct on Virginia (Mr. MOLLOHAN). Rogers Stabenow Weller Ros-Lehtinen Stark Wexler the bill (H.R. 2466) making appropria- This will be a 5-minute vote. Rothman Stenholm Weygand tions for the Department of the Inte- The vote was taken by electronic de- Roukema Strickland Whitfield rior and related agencies for the fiscal vice, and there were—yeas 306, nays Roybal-Allard Stump Wicker year ending September 30, 2000, and for 113, not voting 14, as follows: Rush Stupak Wilson Sabo Talent Wise other purposes, offered by the gen- [Roll No. 472] Salmon Tanner Wolf tleman from Washington (Mr. DICKS), YEAS—306 Sanchez Tauscher Woolsey on which the yeas and nays were or- Sanders Taylor (MS) Wu Abercrombie Edwards Kind (WI) Sandlin Thomas Wynn dered. Ackerman Ehlers Kleczka Sawyer Thompson (CA) Young (AK) The Clerk read the title of the bill. Aderholt Emerson Klink Saxton Thompson (MS) Allen Engel Knollenberg The SPEAKER pro tempore. The Andrews English Kolbe NAYS—113 question is on the motion to instruct Bachus Eshoo Kucinich Archer Green (WI) Peterson (MN) offered by the gentleman from Wash- Baird Evans Kuykendall Armey Gutknecht Petri ington (Mr. DICKS). Baker Everett LaFalce Barr Hayes Pitts This will be a 5-minute vote. Baldacci Ewing Lampson Barrett (NE) Hefley Pombo Baldwin Fattah Lantos Barton Hill (IN) Pryce (OH) The vote was taken by electronic de- Ballenger Filner Larson Bilirakis Hill (MT) Radanovich vice, and there were—yeas 218, nays Barcia Fletcher LaTourette Boehner Hilleary Ramstad 199, not voting 16, as follows: Barrett (WI) Foley Lazio Bonilla Hoekstra Roemer Bartlett Forbes Leach Bryant Hostettler Rohrabacher [Roll No. 473] Bass Ford Lee Burr Hulshof Royce YEAS—218 Bateman Fowler Levin Burton Hunter Ryan (WI) Abercrombie Evans Lazio Becerra Frank (MA) Lewis (CA) Buyer Hutchinson Ryun (KS) Ackerman Fattah Leach Bentsen Franks (NJ) Lewis (GA) Camp Hyde Sanford Allen Filner Lee Bereuter Frelinghuysen Lewis (KY) Campbell Istook Schaffer Andrews Foley Levin Berkley Frost Lipinski Cannon Johnson, Sam Sessions Baird Forbes Lewis (GA) Berry Gallegly LoBiondo Castle Jones (NC) Shadegg Baldacci Ford Lipinski Biggert Ganske Lofgren Chabot Kasich Shays Baldwin Fowler LoBiondo Bilbray Gejdenson Lowey Chambliss King (NY) Sherwood Barcia Frank (MA) Lofgren Bishop Gekas Lucas (KY) Coble Kingston Shimkus Barrett (WI) Franks (NJ) Lowey Blagojevich Gephardt Lucas (OK) Coburn LaHood Shuster Bass Frelinghuysen Luther Blunt Gibbons Luther Collins Largent Simpson Becerra Frost Maloney (CT) Boehlert Gilchrest Maloney (CT) Combest Latham Souder Bentsen Gejdenson Maloney (NY) Bonior Gillmor Maloney (NY) Condit Linder Stearns Berkley Gephardt Markey Bono Gilman Markey Cox Manzullo Sununu Biggert Gilman Martinez Borski Gonzalez Martinez Crane McInnis Sweeney Bilbray Gonzalez Mascara Boswell Gordon Mascara Cubin McIntosh Tancredo Bishop Gordon Matsui Boucher Goss Matsui Cunningham McKeon Tauzin Blagojevich Green (TX) McCarthy (MO) Boyd Graham McCarthy (MO) DeLay Metcalf Terry Boehlert Greenwood McCarthy (NY) Brady (PA) Granger McCarthy (NY) DeMint Mica Thornberry Bonior Gutierrez McDermott Brady (TX) Green (TX) McCollum Dickey Miller (FL) Thune Borski Hall (OH) McGovern Brown (OH) Greenwood McCrery Doolittle Moran (KS) Tiahrt Boswell Hastings (FL) McHugh Callahan Gutierrez McDermott Duncan Myrick Toomey Boucher Hill (IN) McIntyre Calvert Hall (OH) McGovern Dunn Nussle Turner Boyd Hilliard McNulty Canady Hall (TX) McHugh Ehrlich Ose Upton Brady (PA) Hinchey Meehan Capps Hansen McIntyre Fossella Oxley Vitter Brown (OH) Hinojosa Meek (FL) Capuano Hastings (FL) McNulty Goode Packard Walden Capps Hoeffel Menendez Cardin Hastings (WA) Meehan Goodlatte Paul Young (FL) Capuano Holden Millender- Carson Hayworth Meek (FL) Goodling Pease Clay Herger Menendez Cardin Holt McDonald Clayton Hilliard Millender- NOT VOTING—14 Carson Hooley Miller, George Clement Hinchey McDonald Castle Horn Minge Berman Doyle Neal Clyburn Hinojosa Miller, Gary Clay Houghton Mink Bliley Etheridge Scarborough Conyers Hobson Miller, George Clayton Hoyer Moakley Blumenauer Farr Taylor (NC) Cook Hoeffel Minge Clement Inslee Mollohan Brown (FL) McKinney Towns Cooksey Holden Mink Clyburn Jackson (IL) Moore Chenoweth-Hage Meeks (NY) Costello Holt Moakley Conyers Jackson-Lee Moran (VA) Coyne Hooley Mollohan b 1841 Costello (TX) Morella Cramer Horn Moore Coyne Jefferson Murtha Crowley Houghton Moran (VA) Messrs. KASICH, PACKARD, and Cramer Johnson (CT) Nadler Cummings Hoyer Morella BARTON of Texas changed their vote Crowley Johnson, E. B. Napolitano Danner Inslee Murtha Cummings Jones (OH) Oberstar Davis (FL) Isakson Nadler from ‘‘yea’’ to ‘‘nay.’’ Danner Kanjorski Obey Davis (IL) Jackson (IL) Napolitano So the motion was agreed to. Davis (FL) Kaptur Olver Davis (VA) Jackson-Lee Nethercutt The result of the vote was announced Davis (IL) Kelly Ortiz Deal (TX) Ney as above recorded. Davis (VA) Kennedy Owens DeFazio Jefferson Northup DeFazio Kildee Pallone DeGette Jenkins Norwood A motion to reconsider was laid on DeGette Kilpatrick Pascrell Delahunt John Oberstar the table. Delahunt Kind (WI) Pastor DeLauro Johnson (CT) Obey The SPEAKER pro tempore. Without DeLauro Kleczka Payne Deutsch Johnson, E. B. Olver Deutsch Klink Pelosi Diaz-Balart Jones (OH) Ortiz objection, the Chair appoints the fol- Dicks Kucinich Peterson (MN) Dicks Kanjorski Owens lowing conferees: Messrs. WALSH, Dixon Kuykendall Phelps Dingell Kaptur Pallone DELAY, HOBSON, KNOLLENBERG, Doggett LaFalce Pickett Dooley LaHood Pomeroy Dixon Kelly Pascrell FRELINGHUYSEN, WICKER, Mrs. Doggett Kennedy Pastor Edwards Lampson Porter Dooley Kildee Payne NORTHUP, Messrs. SUNUNU, YOUNG of Engel Lantos Price (NC) Dreier Kilpatrick Pelosi Florida, and MOLLOHAN, Ms. KAPTUR, Eshoo Larson Quinn October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9285 Rahall Shays Udall (NM) The result of the vote was announced uary 6, 1999, and under a previous order Ramstad Sherman Upton Rangel Sisisky Velazquez as above recorded. of the House, the following Members Reyes Slaughter Vento A motion to reconsider was laid on will be recognized for 5 minutes each. Rivers Smith (NJ) Visclosky the table. Rodriguez Smith (WA) Waters f f Roemer Snyder Watt (NC) Rothman Spratt Waxman RECESS The SPEAKER pro tempore. Under a Roukema Stabenow Weiner previous order of the House, the gen- Roybal-Allard Stark Wexler The SPEAKER pro tempore (Mr. tleman from Illinois (Mr. LIPINSKI) is Rush Strickland Weygand PEASE). Pursuant to clause 12 of rule I, Sabo Stupak Wise the Chair declares the House in recess recognized for 5 minutes. Sanchez Tauscher Wolf (Mr. LIPINSKI addressed the House. Sanders Thompson (CA) Woolsey subject to the call of the Chair. Sawyer Thompson (MS) Wu Accordingly (at 6 o’clock and 50 min- His remarks will appear hereafter in Schakowsky Thurman Wynn utes p.m.), the House stood in recess the Extensions of Remarks.) Scott Tierney subject to the call of the Chair. Serrano Udall (CO) f f NAYS—199 b 2015 Aderholt Goodling Portman LOCAL ACCESS TO SATELLITE Archer Goss Pryce (OH) AFTER RECESS Armey Graham Radanovich RECEPTION Bachus Granger Regula The recess having expired, the House The SPEAKER pro tempore. Under a Baker Green (WI) Reynolds was called to order by the Speaker pro Ballenger Gutknecht Riley previous order of the House, the gen- tempore (Mr. PEASE) at 8 o’clock and 15 Barr Hall (TX) Rogan tleman from Colorado (Mr. MCINNIS) is minutes p.m. Barrett (NE) Hansen Rogers recognized for 5 minutes. Bartlett Hastings (WA) Rohrabacher f Barton Hayes Ros-Lehtinen Mr. MCINNIS. Mr. Speaker, as my Bateman Hayworth Royce APPOINTMENT OF CONFEREES ON colleagues know, my district is a rural Bereuter Hefley Ryan (WI) H.R. 2466, DEPARTMENT OF THE Berry Herger Ryun (KS) district in the State of Colorado, the Bilirakis Hill (MT) Salmon INTERIOR AND RELATED AGEN- Third Congressional District of Colo- Blunt Hilleary Sandlin CIES APPROPRIATIONS ACT, 2000 rado. That congressional district actu- Boehner Hobson Sanford ally is geographically larger than the Bonilla Hoekstra Saxton The SPEAKER pro tempore. Without Bono Hostettler Schaffer objection, the Chair appoints the fol- State of Florida. Brady (TX) Hulshof Sensenbrenner lowing conferees: I can tell my colleagues, it is very Bryant Hunter Sessions Messrs. REGULA, KOLBE, SKEEN, TAY- important out there in the rural areas Burr Hutchinson Shadegg Burton Hyde Shaw LOR of North Carolina, NETHERCUTT, of Colorado, as it is through most of Buyer Isakson Sherwood WAMP, KINGSTON, PETERSON of Pennsyl- the rural areas in the United States, Callahan Istook Shimkus vania, YOUNG of Florida, DICKS, MUR- that we have TV reception. We have be- Calvert Jenkins Shows THA, MORAN of Virginia, CRAMER, HIN- Camp John Shuster come very dependent of late upon sat- Campbell Johnson, Sam Simpson CHEY, and Mr. OBEY. ellite reception. As many of my col- Canady Jones (NC) Skeen There was no objection. leagues know, for the last 11 or so Cannon Kasich Skelton f years, local access has been banned Chabot King (NY) Smith (MI) Chambliss Kingston Smith (TX) APPOINTMENT AS MEMBERS OF through satellite. Coble Knollenberg Souder BOARD OF DIRECTORS OF OF- Well, we are about to change that. Coburn Kolbe Spence We passed a bill out of the House. The Collins Largent Stearns FICE OF COMPLIANCE Senate has passed a bill. I have good Combest Latham Stenholm The SPEAKER pro tempore. Without Condit LaTourette Stump news tonight for those of my col- objection, and pursuant to Section 301 Cook Lewis (CA) Sununu leagues who have constituents who use Cooksey Lewis (KY) Sweeney of Public Law 104–1, the Chair an- satellite service for local access. Cox Linder Talent nounces on behalf of the Speaker and Things are about to change. Crane Lucas (KY) Tancredo Minority Leader of the House of Rep- Cubin Lucas (OK) Tanner The conference committee I think is Cunningham Manzullo Tauzin resentatives and the majority and mi- Deal McCollum Taylor (MS) nority leaders of the United States making good progress. I hope that, in DeLay McCrery Terry Senate their joint appointment of each the next 3 to 4 weeks, the satellite DeMint McInnis Thomas users, including many of my constitu- Diaz-Balart McIntosh Thornberry of the following individuals to a 5-year Dickey McKeon Thune term to the board of directors to the ents in the State of Colorado, will once Doolittle Metcalf Tiahrt Office of Compliance: again have an opportunity for local ac- Dreier Mica Toomey Mr. Alan V. Friedman, California; cess. Duncan Miller (FL) Traficant Dunn Miller, Gary Turner Ms. Susan S. Robfogel, New York; EXHIBIT AT BROOKLYN MUSEUM OF ART Ms. Barbara Childs Wallace, Mis- Ehlers Moran (KS) Vitter Mr. MCINNIS. The second point I Ehrlich Myrick Walden sissippi. wish to address this evening, Mr. Emerson Nethercutt Walsh There was no objection. English Ney Wamp Speaker, is the art exhibit in New York Everett Northup Watkins f City, the Brooklyn Art Museum. I Ewing Norwood Watts (OK) made some comments about that last Fletcher Nussle Weldon (FL) FURTHER MESSAGE FROM THE Fossella Ose Weldon (PA) SENATE week. I am amazed how over the week- Gallegly Packard Weller A further message from the Senate end the media has been very successful Ganske Paul Whitfield in tying the exhibit, and I will tell my Gekas Pease Wicker by Mr. Lundregan, one of its clerks, an- Gibbons Peterson (PA) Wilson nounced that the Senate agrees to the colleagues exactly what it is, a portrait Gilchrest Petri Young (AK) report of the Committee of Conference of the Virgin Mary with crap thrown Gillmor Pickering Young (FL) on the disagreeing votes of the two all over it, to be quite blunt with you. Goode Pitts They have made this controversy in Goodlatte Pombo Houses on the amendment of the Sen- New York City as if it is a controversy NOT VOTING—16 ate to the bill (H.R. 2084) ‘‘An Act mak- ing appropriations for the Department between the freedom of speech under Berman Doyle Oxley of Transportation and related agencies the Constitutional amendment and Bliley Etheridge Scarborough people who were offended by the art. Blumenauer Farr Taylor (NC) for the fiscal year ending September 30, Brown (FL) McKinney Towns 2000, and for other purposes.’’ That is not the controversy at all. Chenoweth-Hage Meeks (NY) f The controversy in New York City in Dingell Neal that museum is that the taxpayers of SPECIAL ORDERS the United States of America are being b 1850 The SPEAKER pro tempore. Under asked to pay for this art exhibit at the So the motion was agreed to. the Speaker’s announced policy of Jan- Brooklyn Museum. H9286 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Now, do my colleagues think it is ap- COMMUNICATION FROM THE COM- entered into voluntarily, thus satis- propriate for someone who is a tax- MITTEE ON THE BUDGET: REVI- fying both sides. payer, who is a hard-working Amer- SIONS TO ALLOCATION FOR Only true competition assures that ican, who is a Catholic to go out and HOUSE COMMITTEE ON APPRO- the consumer gets the best deal at the take their taxpayer money to pay for a PRIATIONS PURSUANT TO HOUSE best price possible by putting pressure portrait to be exhibited of the Virgin REPORT 106–288 on the providers. Once one side is given Mary with crap thrown all over it? Of The SPEAKER pro tempore. Under a a legislative advantage in an artificial course it is not. It is as offensive to the previous order of the House, the gen- system, as it is in managed care, trying Catholics as it is displaying a Nazi to balance government-dictated advan- tleman from Ohio (Mr. KASICH) is rec- symbol by taxpayer dollars would be to ognized for 5 minutes. tages between patient and HMOs is im- the Jewish community, or as it would possible. The differences cannot be rec- Mr. KASICH. Mr. Speaker, pursuant to Sec. be of putting a portrait of Martin Lu- onciled by more government mandates, 314 of the Congressional Budget Act, I hereby ther King with crap thrown all over it which will only make the problem submit for printing in the CONGRESSIONAL to the black community. worse. Because we are trying to patch RECORD revisions to the allocation for the It is out of place. It is unjustified. up an unworkable system, the impasse House Committee on Appropriations pursuant And it is totally, totally inappropriate in Congress should not be a surprise. for the use of taxpayers’ dollars for to House Report 106±288 to reflect No one can take a back seat to me re- that kind of art. $8,699,000,000 in additional new budget au- garding the disdain I hold for the Now, that is not an issue of the first thority and $8,282,000,000 in additional out- HMO’s role in managed care. This en- amendment. Nobody has said that they lays for emergencies. This will increase the al- tire unnecessary level of corporatism cannot display that type of art, al- location to the House Committee on Appro- that rakes off profits and undermines though, frankly, I think they are some- priations to $551,899,000,000 in budget au- care is a creature of government inter- what sick in the mind when they do. thority and $590,760,000,000 in outlays for fis- ference in health care. These non-mar- But no one has said that they are cal year 2000. ket institutions and government could banned from displaying that type of As reported to the House, H.R. 1906, the have only gained control over medical art. conference report accompanying the bill mak- care through a collusion through orga- Instead, what we have said is they ing appropriations for Agriculture, Rural Devel- nized medicine, politicians, and the should not use taxpayers’ dollars to opment, Food and Drug Administration, and HMO profiteers in an effort to provide fund that kind of art. This museum, Related Agencies for fiscal year 2000, in- universal health care. No one suggests with a great deal of pride, had their cludes $8,699,000,000 in budget authority and first showing this weekend; and today that we should have universal food, $8,282,000,000 in outlays for emergencies. housing, TV, computer and automobile they announced with great excitement, These adjustments shall apply while the leg- and I hope it makes my liberal Demo- programs; and yet, many of the poor do islation is under consideration and shall take much better getting these services crats happy, they announced with effect upon final enactment of the legislation. great excitement how successful that through the marketplace as prices are Questions may be directed to Art Sauer or driven down through competition. show is. Jim Bates at x6±7270. Well, in their hearts, they know it is We all should become suspicious f wrong. They know it is wrong to do when it is declared we need a new Bill of Rights, such as a taxpayers’ bill of what they have done with taxpayer HEALTH CARE REFORM: TREAT rights, or now a patients’ bill of rights. dollars. And in the end, we will win. We THE CAUSE, NOT THE SYMPTOM will keep the rights under the First Why do more Members not ask why the The SPEAKER pro tempore. Under a Amendment and we will disallow tax- original Bill of Rights is not adequate previous order of the House, the gen- payer dollars from being used for that in protecting all rights and enabling tleman from Texas (Mr. PAUL) is recog- kind of art exhibit in New York City. the market to provide all services? If I hope my colleagues reconsider, but nized for 5 minutes. over the last 50 years we had had a lot I know that their egos probably will Mr. PAUL. Mr. Speaker, as an M.D. I more respect for property rights, vol- not. So I hope that all my colleagues know that when I advise on medical untary contracts, State jurisdiction, and their constituents remember that legislation that I may be tempted to and respect for free markets, we would they do not have to and they should allow my emotional experience as a not have the mess we are facing today not be forced to pay with taxpayer dol- physician to influence my views. But, in providing medical care. lars an art exhibit such as the one dis- nevertheless, I am acting the role as The power of special interests influ- playing the Virgin Mary with crap legislator and politician. encing government policy has brought thrown all over it. Our country is The M.D. degree grants no wisdom as us to this managed-care monster. If we greater than that, and our country to the correct solution to our managed- pursued a course of more government stands for a lot more than that. care mess. The most efficient manner management in an effort to balance f to deliver medical services, as it is things, we are destined to make the with all goods and services, is deter- system much worse. If government REPORT ON RESOLUTION PRO- mined by the degree the market is al- mismanagement in an area that the VIDING FOR CONSIDERATION OF lowed to operate. Economic principles Government should not be managing at H.R. 764, CHILD ABUSE PREVEN- determine efficiencies of markets, even all is the problem, another level of bu- TION AND ENFORCEMENT ACT the medical care market, not our emo- reaucracy, no matter how well in- OF 1999 tional experiences dealing with man- tended, cannot be helpful. The law of Mr. DREIER, from the Committee on aged care. unintended consequences will prevail Rules, submitted a privileged report Contrary to the claims of many advo- and the principle of government con- (Rept. No. 106–363) on the resolution (H. cates of increased government regula- trol over providing a service will be Res. 321) providing for consideration of tion of health care, the problems with further entrenched in the Nation’s psy- the bill (H.R. 764) to reduce the inci- the health care system do not rep- che. The choice in actuality is govern- dence of child abuse and neglect, and resent market failure. Rather, they ment-provided medical care and its in- for other purposes, which was referred represent the failure of government evitable mismanagement or medical to the House Calendar and ordered to policies which have destroyed the care provided by a market economy. be printed. health care market. Partial government involvement is f In today’s system, it appears on the not possible. It inevitably leads to The SPEAKER pro tempore. Under a surface that the interest of the patient total government control. Plans for all previous order of the House, the gentle- is in conflict with the rights of the in- the so-called patients’ bill of rights are woman from California (Ms. WATERS) is surance companies and the Health 100 percent endorsement of a principle recognized for 5 minutes. Maintenance Organizations. In a free of government management and will (Ms. WATERS addressed the House. market, this cannot happen. Every- greatly expand government involve- Her remarks will appear hereafter in one’s rights are equal and agreements ment even if the intention is to limit the Extensions of Remarks.) on delivering services of any kind are government management of the health October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9287 care system to the extent necessary to HMOs make mistakes and their budgets are sue, and juries make awards that qualify as curtail the abuses of the HMO. limited however, doesn't justify introducing the ``cruel and unusual punishment'' for some who The patients’ bill of rights concept is notion that politicians are better able to make were barely involved in the care of the patient based on the same principles that have these decisions than the HMOs. Forcing now suing. The welfare ethic of ``something for given us the mess we have today. Doc- HMOs and insurance companies to do as the nothing'' developed over the past 30 to 40 tors are unhappy. HMOs are being at- politicians say regardless of the insurance pol- years has played a role in this serious prob- tacked for the wrong reasons. And the icy agreed upon will lead to higher costs, less lem. This has allowed judges and juries to patients have become a political foot- availability of services and calls for another sympathize with unfortunate outcomes, not re- ball over which all sides demagogue. round of government intervention. lated to malpractice and to place the responsi- The problems started early on when For anyone understanding economics, the bility on those most able to pay rather than on the medical profession, combined with results are predictable: Quality of medical care the ones most responsible. This distorted view the tax code provisions making it more will decline, services will be hard to find, and of dispensing justice must someday be ad- advantageous for individuals to obtain the three groups, patients, doctors and HMOs dressed or it will continue to contribute to the first-dollar health care coverage from will blame each other for the problems, pitting deterioration of medical care. Difficult medical third parties rather than pay for health patients against HMOs and government, doc- cases will not be undertaken if outcome is the care services out of their own pockets, tors against the HMOs, the HMOs against the only determining factor in deciding lawsuits. influenced the insurance industry into patient, the HMOs against the doctor and the Federal legislation prohibiting state tort law re- paying for medical services instead of result will be the destruction of the cherished form cannot be the answer. Certainly contrac- sticking with the insurance principle of doctor-patient relationship. That's where we tual arrangements between patients and doc- paying for major illnesses and acci- are today and unless we recognize the nature tors allowing specified damage clauses and dents for which actuarial estimates of the problem Congress will make things agreeing on arbitration panels would be a big could be made. worse. More government meddling surely will help. State-level ``loser pays'' laws, which dis- A younger, healthier and growing popu- not help. courage frivolous and nuisance lawsuits, lation was easily able to afford the fees re- Of course, in a truly free market, HMOs and would also be a help. quired to generously care for the sick. Doc- pre-paid care could and would existÐthere In addition to a welfare mentality many have tors, patients and insurance companies all would be no prohibition against it. The Kaiser developed a lottery jackpot mentality and hope loved the benefits until the generous third- system was not exactly a creature of the gov- for a big win through a ``lucky'' lawsuit. Fraud- party payment system was discovered to be ernment as is the current unnatural HMO-gov- ulent lawsuits against insurance companies closer to a Ponzi scheme than true insurance. ernment-created chaos we have today. The now are an epidemic, with individuals feigning The elderly started living longer, and medical current HMO mess is a result of our govern- injuries in order to receive compensation. To care became more sophisticated, demands in- ment interference through the ERISA laws, tax find moral solutions to our problems in a na- creased because benefits were generous and laws, labor laws, and the incentive by many in tion devoid of moral standards is difficult. But insurance costs were moderate until the de- this country to socialize medicine ``American the litigation epidemic could be ended if we mographics changed with fewer young people style'', that is the inclusion of a corporate level accepted the principle of the right of contract. working to accommodate a growing elderly of management to rake off profits while drain- Doctors and hospitals could sign agreements populationÐjust as we see the problem devel- ing care from the patients. The more govern- with patients to settle complaints before they oping with Social Security. At the same time ment assumed the role of paying for services happen. Limits could be set and arbitration governments at all levels became much more the more pressure there has been to managed boards could be agreed upon prior to the fact. involved in mandating health care for more care. Limiting liability to actual negligence was once and more groups. The contest now, unfortunately, is not be- automatically accepted by our society and only Even with the distortions introduced by the tween free market health care and national- recently has this changed to receiving huge tax code, the markets could have still sorted ized health care but rather between those who awards for pain and suffering, emotional dis- this all out, but in the 1960s government en- believe they speak for the patient and those tress and huge punitive damages unrelated to tered the process and applied post office prin- believing they must protect the rights of cor- actual malpractice or negligence. Legalizing ciples to the delivery of medical care with pre- porations to manage their affairs as prudently contracts between patients and doctors and dictable results. The more the government got as possible. Since the system is artificial there hospitals would be a big help in keeping down involved the greater the distortion. Initially is no right side of this argument and only polit- the defensive medical costs that fuel the legal there was little resistance since payments ical forces between the special interests are at cost of medical care. were generous and services were rarely re- work. This is the fundamental reason why a Because the market in medicine has been stricted. Doctors like being paid adequately for resolution that is fair to both sides has been grossly distorted by government and artificially services than in the past were done at dis- so difficult. Only the free market protects the managed care, it is the only industry where count or for free. Medical centers, always will- rights of all persons involved and it is only this computer technology adds to the cost of the ing to receive charity patients for teaching pur- system that can provide the best care for the service instead of lowering it as it does in poses in the past liked this newfound largesse greatest number. Equality in medical care every other industry. Managed care cannot by being paid by the government for their services can be achieved only by lowering work. Government management of the com- services. This in itself added huge costs to the standards for everyone. Veterans hospital and puter industry was not required to produce nation's medical bill and the incentive for pa- Medicaid patients have notoriously suffered great services at great prices for the masses tients to economize was eroded. Stories of from poor care compared to private patients, of people. Whether it is services in the com- emergency room abuse are notorious since yet, rather than debating introducing consumer puter industry or health care all services are ``no one can be turned away.'' control and competition into those programs, best delivered in the economy ruled by market Artificial and generous payments of any we're debating how fast to move toward a sys- forces, voluntary contracts and the absence of service, especially medical, produces a well- tem where the quality of medicine for every- government interference. known cycle. The increased benefits at little or one will be achieved at the lowest standards. Mixing the concept of rights with the delivery no cost to the patient leads to an increase in Since the problem with our medical system of services is dangerous. The whole notion demand and removes the incentive to econo- has not been correctly identified in Wash- that patient's ``rights'' can be enhanced by mize. Higher demands raises prices for doctor ington the odds of any benefits coming from more edicts by the federal government is pre- fees, labs, and hospitals; and as long as the the current debates are remote. It looks like posterous. Providing free medication to one payments are high the patients and doctors we will make things worse by politicians be- segment of the population for political gain don't complain. Then it is discovered the insur- lieving they can manage care better than the without mentioning the cost is passed on to ance companies, HMOs, and government HMO's when both sides are incapable of such another segment is dishonest. Besides, it only can't afford to pay the bills and demand price a feat. compounds the problem, further separating controls. Thus, third-party payments leads to Excessive litigation has significantly contrib- medical services from any market force and rationing of care; limiting choice of doctors, uted to the ongoing medical care crisis. yielding to the force of the tax man and the deciding on lab tests, length of stay in the Greedy trial lawyers are certainly part of prob- bureaucrat. No place in history have we seen hospital, and choosing the particular disease lem but there is more to it than that. Our legis- medical care standards improve with national- and conditions that can be treated as HMOs lative bodies throughout the country are great- izing its delivery system. Yet, the only debate and the government, who are the payers, start ly influenced by trial lawyers and this has here in Washington is how fast should we pro- making key medical decisions. Because been significant. But nevertheless people do ceed with the government takeover. People H9288 CONGRESSIONAL RECORD — HOUSE October 4, 1999 have no more right to medical care than they We should have more faith in freedom and enormous entity that most people have a right to steal your car because they more fear of the politician and bureaucrat who thought, how in the world could you are in need of it. If there was no evidence that think all can be made well by simply passing build something with a price tag of $31 freedom did not enhance everyone's well a Patient's Bill of Rights. million? I think most of us would like being I could understand the desire to help to build stadiums today for $31 million. b 2030 others through coercive means. But delivering Mr. Speaker, this is just a simple medical care through government coercion f tribute to all those hardworking souls means not only diminishing the quality of care, CONGRATULATIONS TO HOUSTON that made the Astros games so much it undermines the principles of liberty. Fortu- ASTROS AS THEY BID FARE- fun and made the Astrodome the nately, a system that strives to provide max- WELL TO THE ASTRODOME, THE Eighth Wonder of the World where so imum freedom for its citizens, also supports EIGHTH WONDER OF THE WORLD many people enjoyed the opportunity the highest achievable standard of living for to be there, not only for baseball but so The SPEAKER pro tempore (Mr. the greatest number, and that includes the many other activities and conventions PEASE). Under a previous order of the best medical care. and meetings. We are just grateful for Instead of the continual demagoguery of the House, the gentlewoman from Texas the facility, and I guess what you issue for political benefits on both sides of the (Ms. JACKSON-LEE) is recognized for 5 would say is, it is off into the sunset. debate, we ought to consider getting rid of the minutes. But do not worry, the Astrodome will laws that created this medical management Ms. JACKSON-LEE of Texas. Mr. be there for others to enjoy for many crisis. Speaker, we have very serious matters years to go as we move downtown to The ERISA law requiring businesses to pro- to attend to in the United States Con- the new Astros stadium called Enron vide particular programs for their employees gress, but I thought with all the joy Field located in my district, the 18th should be repealed. The tax codes should that we experienced in Texas in the Congressional District. Hats off to the give equal tax treatment to everyone whether Eighth Wonder of the World yesterday, Astros, congratulations, and I will see working for a large corporation, small busi- the Astrodome in Houston, Texas, that you in the World Series. ness, or is self employed. Standards should I wanted to share the excitement, the be set by insurance companies, doctors, pa- history with my colleagues. f tients, and HMOs working out differences I want to pay special tribute to the through voluntary contracts. For years it was Astros team that overcame all kinds of injuries and trials and tribulations to TRIBUTE TO FIRST RESPONDERS, known that some insurance policies excluded THE NATION’S FIREFIGHTERS certain care and this was known up front and win their division. Then I would like to was considered an acceptable provision since pay tribute to Larry Dierker who suf- The SPEAKER pro tempore. Under a it allowed certain patients to receive discounts. fered a debilitating illness early on in previous order of the House, the gen- The federal government should defer to state the season, yet he came back to lead tleman from Michigan (Mr. SMITH) is governments to deal with the litigation crisis his team to victory and I might say, recognized for 5 minutes. and the need for contract legislation between this might be the year that the Astros Mr. SMITH of Michigan. Mr. Speak- patients and medical providers. Health care go straight on into the World Series. er, back in 1992, Congress passed legis- providers should be free to combine their ef- This is the final sunset on the Astro- lation to allow and establish a national forts to negotiate effectively with HMOs and dome. Born in 1965, noted as the Eighth memorial for fallen firefighters. Yes- insurance companies without running afoul of Wonder of the World, the largest indoor terday up in Emmitsburg, Maryland, federal anti-trust lawsÐor being subject to stadium. We call it the ‘‘mosquito-rid- we had such a ceremony. This past regulation by the National Labor Relations den-free’’ stadium in Houston, Texas. year, 95 firefighters in the United Board (NLRB). Congress should also remove No sun, no heat, no rain, but good base- States lost their lives in the line of all federally-imposed roadblocks to making ball and good fun. We have enjoyed the duty. I think this Congress, this Na- pharmaceuticals available to physicians and 35 years that we have had the pleasure tion, owes these individuals, the Amer- patients. Government regulations are a major to utilize the Astrodome and all of the icans that have fallen in the line of reason why many Americans find it difficult to hard workers who have made the pleas- duty before them and certainly every afford prescription medicines. It is time to end ure of the fans their first priority. first responder in this country, a debt the days when Americans suffer because the We appreciate Drayton McLane who of gratitude, a vote of thanks. Pro- Food and Drug Administration (FDA) pre- came in and bought the Astros and tecting public safety and public prop- vented them from getting access to medicines made sure that they stayed in Houston. erty is a brave calling. We certainly that where available and affordable in other I want to say to all the old-timers, should as a Congress thank those indi- parts of the world! though I will not call them that, those viduals for the great job they did. Yes- The most important thing Congress can do who had season tickets for 35 years, we terday up in Emmitsburg it was a day is to get market forces operating immediately thank you, too, for you were com- of remembrance but it was also a day by making Medical Savings Accounts (MSAs) mitted, you were loyal, and you were of celebration, because these individ- generously available to everyone desiring one. strong. Through the ups and downs of uals contributed so much in the spirit Patient motivation to save and shop would be our Astros, you stood fast. All the joy of honor and duty. I am a strong be- a major force to reduce cost, as physicians that was given to the young people, the liever that everyone should be a sup- would once again negotiate fees downward children who would come to the base- porter of their community, should try with patientsÐunlike today where the govern- ball game and enjoy the time with in some way to make their individual ment reimbursement is never too high and their parents. communities a little bit better by con- hospital and MD bills are always at maximum Baseball tickets traditionally have tributing, by being in public service, by levels allowed. MSAs would help satisfy the been the most reasonable tickets of all being on the fund-raising committee, American's people's desire to control their own sports in America. It is America’s pas- contributing an effort to help others health care and provide incentives for con- time, yes, along with so many other when they need help. sumers to take more responsibility for their sports like basketball and soccer now It seems to me that cynicism has just care. and football, but one thing about base- spread too far across this country and There is nothing wrong with charity hospitals ball, you could always see family mem- there are too many that now consider and possibly the churches once again pro- bers coming together with their young duty and honor to be just words, relics viding care for the needy rather than through children. I am reminded of the time of the past. But these men and women, government paid programs which only maxi- that I would go with my aunt and our first responders, our police, and mizes costs. States can continue to introduce uncle. It was a very special time to go firemen especially in yesterday’s dedi- competition by allowing various trained individ- to a baseball game. cation, they believed in duty, they be- uals to provide the services that once were So my hat is off to the Astros and the lieved in commitment, they believed in only provided by licensed MDs. We don't have Astro family, to Houston and all of community. And certainly these quali- to continue down the path of socialized med- those, including Judge Roy Hofheinz, ties in first responders across the Na- ical care, especially in America where free the mayor of the City of Houston who tion deserve more support from this markets have provided so much for so many. had the vision in 1965 to build this Congress. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9289 Now, we call them first responders There are many deserving people who district office staff in Greenville and because, and I will give a couple of ex- have helped North Carolina in the Norlina, many of them affected by the amples. When we turned on our tele- aftermath of Hurricane Floyd. I want hurricane themselves but who put the vision last spring to the terrifying situ- to thank President Clinton for adding welfare of others first. These public ation at Columbine High School, who $20.3 million in low-income energy as- servants have worked long and hard did we see on that television set? It sistance funds to his original extended hours to help clean up the communities was the first responders that got there relief package of $528 million. Thank and find food and shelter for the needy, first. The firefighters were there first. you, Mr. President. I wish to thank my and worked long hours to keep North Whether it is wildfires or earthquakes colleagues, Representatives from the Carolina afloat when it looked as or tornadoes or fires of unimaginable neighboring States, who have banned though it was sinking. danger and stress, or when it is a be- together to support the victims of this I am especially thankful for the deep- loved kitten going up a tree or when disaster. A special thank you to the di- spirited North Carolina people who you need help for a fund-raising in the rector of FEMA, Mr. Witt; and to our have shared with me in letters and community, it is these firefighters that governor, Mr. James Hunt, of North phone calls and private visits their are there, they are willing to make the Carolina and their staffs for working willingness to share with their neigh- difference, they are willing to give around the clock to rescue and relieve bors. Some folks have said they look their time and the effort. North Carolina residents. forward to rebuilding their commu- We have got 32,000 fire departments Some 52,000 citizens have called nities with hard work and the coopera- in the United States. We have got 103 FEMA now seeking assistance, and tion of others. Even a disaster of this million first responders. Eighty per- Governor Hunt has had to deal with magnitude will not hold North Caro- cent of those first responders are vol- many more. Thank you, Mr. Witt and lina back. Again, I sincerely thank all for so unteers, volunteers that go and risk Governor Hunt, for your dedication to their lives to protect lives and safety much outpouring of goods, donated those in need. food, clothes, contributions and, most and support their community. I think I wish to take a minute to thank the of all, the volunteerism of time they embody the beliefs of the founders Red Cross and the Salvation Army for through the local community churches, of our country who were deeply com- their special help. The Red Cross their congregations in North Carolina mitted to the idea that the individual opened many shelters. The Salvation had an obligation to the community, and every other State in the United Army provided mobile kitchens. And States. All have been terrific. I have that our country needed its domestic we appreciate the efforts of FEMA to defenders, our firefighters, our first re- never been so proud of my State’s peo- provide meals ready to eat, ice, blan- ple or to be an American as now during sponders, every bit as much as it need- kets, water and emergency generators. ed a national defense. this time of crisis. We also appreciate the hundreds of in- Most of all, I want to thank all who Our thanks certainly should go out dividuals in local communities, neigh- not only to these firefighters but their have helped, for giving us hope to re- bors and citizens who have helped and loved ones who experienced the tre- build North Carolina, places like are helping out continuously. And we mendous effort, the sacrifice that these Princeville, Tarboro, Kinston, Golds- appreciate the outpouring of support firefighters have made for their com- boro, Pinetops and Greenville back and resources from across the Nation. munities. Stories where firefighters into the great places they were. Thank Truckloads from Baltimore, busloads made the difference are in almost you all. from Washington, D.C.; students from every home and every community. Yet much more help is needed and North Carolina colleges, churches from They are certainly in my home where support. That is why, Mr. Speaker, I far and wide, citizens of every hue, the firefighters came to my farm and intend to join with Members of Con- every stripe, every background, all saved not only property but the lives of gress from other impacted States to a lot of my cattle on that farm. As far Americans, helping out. try to send a legislative package for I know of heroic rescue efforts of peo- as I am concerned, they are the cham- further relief to the President for sign- ple, farm animals and pets conducted pions we can never fully thank, and ing. As a part of that package, we need by neighbors, local fire departments as speeches like this speech tonight or to update the laws so that small farm- the gentleman from Michigan (Mr. speeches up in Emmitsburg never are ers and small businesspersons can be SMITH) just mentioned, state police of- going to be adequate enough to thank treated on an equal footing with other ficers and their staffs. I wish to com- those individuals that made that kind families. We will also need more re- mend them all for their dedicated serv- of sacrifice. sources, and that will also be a part of If there is any lesson that we can ice. the legislative package. A ray of sunshine was seen in North take, Mr. Speaker, as Americans from Tomorrow, we will consider a resolu- those in our communities that con- Carolina today. Today, October 4, 1999, tion offering our colleagues an oppor- tribute so much, to make sure that we schools reopened for thousands of tunity to go on record as willing to also make an effort to their memory to North Carolina students. This is a big help and provide the necessary re- try to do our duty in helping others, in step forward in the long, painful at- sources to make a difference. The peo- helping our community, in trying to do tempt to return to normalcy after Hur- ple of North Carolina are resilient, and something to make our communities ricane Floyd. Tarboro High School in we will bounce back from the situa- better and help the lives of the people devastated Tarboro opened school tion. But we will need the help of all that we know a little better, that is today and about 60 percent of the stu- Americans. The winds will go, the rain will go, what we should do. dents looked forward to attending the rivers will crest, the cleanup will f school. I am grateful to all who have made the small routine tasks like at- begin, and the restoration and rebuild- NORTH CAROLINA RECOVERS tending school become a reality after ing will take place. The spirit of North FROM HURRICANE FLOYD so many days of fear and flooding. I am Carolina will return, Mr. Speaker, with The SPEAKER pro tempore. Under a very grateful for those North Carolina your help and the help of our Col- previous order of the House, the gentle- children of our great Nation who leagues. woman from North Carolina (Mrs. strived hard to reestablish their daily f CLAYTON) is recognized for 5 minutes. routines and attend school today, per- b 2045 Mrs. CLAYTON. Among all the haps under continuing family hard- death, destruction and despair that has ships. THE IMPORTANCE OF INCREASING been visited upon the people of North I am very thankful for the county FUNDING FOR HIV/AIDS RE- Carolina as a result of Hurricane school teachers, principals, and main- SEARCH, TREATMENT AND PRE- Floyd, there are many bright spots. tenance workers that made reopening VENTION IN MINORITY COMMU- This evening, I would like to acknowl- schools in North Carolina one of their NITIES edge some of those who have given of top priorities. I am appreciative of the The SPEAKER pro tempore (Mr. themselves and their resources to this State emergency workers who worked PEASE). Under the Speaker’s an- vital cause. with Federal agencies, FEMA, and my nounced policy of January 6, 1999, the H9290 CONGRESSIONAL RECORD — HOUSE October 4, 1999 gentlewoman from the Virgin Islands the CBC is trying its very best to tar- The Office of Minority Health must (Mrs. CHRISTENSEN) is recognized for 30 get the funds where the real need is. be funded. $5 million or more must be minutes as the designee of the minor- Mr. Speaker, these dollars will build appropriated for demonstration ity leader. upon the success of the 156 million re- projects to ensure that minority sen- Mrs. CHRISTENSEN. Mr. Speaker, I quested for HIV/AIDS prevention in mi- iors understand how to navigate the have often said on previous occasions nority communities in fiscal year 1999. complicated health system. Clearly, when I have come to the floor that one We thank the Congress for that alloca- Mr. Speaker, clearly my colleagues in of the greatest challenges facing this tion, but it is not enough. Although the Congress, the time has come for us Nation is closing the gap in health care welcome, it is not nearly enough to to act. Epidemiological data is there. between our white population and our combat the devastating effects of the All we need is a thrust by this Congress communities of color. It is this that AIDS epidemic in our community. Af- to free the proportion of African Amer- the Congressional Black Caucus and rican Americans and other minorities icans who suffer now in the United the Health Brain Trust would address continue to suffer dramatically higher States three times in proportion to Af- through its HIV state of emergency be- rates of disease and death, long-term rican Americans in the population. cause, you see, HIV/AIDS, although it rates of illnesses from treatable dis- Of the 48,266 AIDS cases reported in is very important to the welfare of our eases than other segments of the gen- 1998, African Americans accounted for communities, is only the tip of the ice- eral population; again, I quote, putting a very high and alarming statistic. berg. the money where the real need is so Forty-five percent of the total cases, 40 The underlying problem is really the that it will overcome the disparities in percent of the cases in men, 62 percent two-tiered health care delivery system our health system. of the cases in women, 62 percent of the that does not address the barriers to Our Nation spends over $7 billion for cases in children. So the Americans re- health but exists for African Ameri- HIV treatment and prevention and con- ported with AIDS through December cans, Hispanics, Asian/Pacific Island- trol; but listen to this, Mr. Speaker: 1998, 30 percent were black and 18 per- ers, Native Americans, and Native Ha- but only $156 million is specifically tar- cent were Hispanic Latino. waiians and Alaskans. Although the geted to minority communities. I re- White House and the Department have peat that. We spend over $7 billion in Mr. Speaker and to the Congress, the been listening and have begun to re- this country for HIV treatment and time to act is now. spond to the call of the caucus to ac- prevention and control, but only $156 Mrs. CHRISTENSEN. Mr. Speaker, I tion, Mr. Speaker, we still have a long million is specifically targeted to mi- want to thank the gentlewoman from way to go, primarily because this body, nority communities which now account Florida (Mrs. MEEK) for her work both the Congress, has not become fully en- for more than 48 percent of those in- in her home State and in the Nation, gaged in the process. fected by the disease. That is a mere 2 not only HIV/AIDS, but other impor- That is why we are here this evening, percent of impact. Surely steps must tant issues of health care for African my colleagues and I, to raise the level be taken and effective measures must Americans and other people of color of awareness to the disparities in be put into place to ensure that re- and also for doing the annual legisla- health care, to provide information on sources follow the trend of the disease tive conference of the caucus remind- the breadth of the gaps and to enlist across all segments of the U.S. popu- ing us that AIDS knows no age barriers our colleagues’ assistance and support lation. and that seniors are also affected by for our efforts to have health care and That is why my colleague, the gen- this dread disease. community development dollars be ap- tlewoman from the Virgin Islands, Mr. Speaker, I yield to the gentleman plied to this very grave problem which called this special order. Man’s inhu- from the Seventh Congressional Dis- threatens the promise of this Nation in manity to man is based on the color of trict of Illinois (Mr. DAVIS). the next century. one’s skin is untrue. Man’s inhumanity Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, I am joined here by sev- to man is not based on the color of rise today to commend my colleague eral of my colleagues, and I would like one’s skin, and any kind of treatment from the Virgin Islands for, first of all, to begin by yielding to the gentle- in this country cannot ignore the fact organizing this important special order woman from the 17th Congressional that we are all in this situation to- to discuss the importance of increasing District of Florida (Mrs. MEEK). gether. A minimum of $349 million funding for HIV/AIDS research, treat- Mrs. MEEK of Florida. I thank my should be appropriated in fiscal year ment and prevention in minority com- colleague, and I am pleased to join 2000 to address this health emergency munities. Her performance has been with the gentlewoman from the Virgin in communities of color. This is a stellar as she has led the Congressional Islands. She has nobly shown in her en- health emergency. Black Caucus Brain Trust and as she deavor as chairlady of the Congres- I want to thank the rest of my col- continues to lead us towards finding a sional Black Caucus’ Health Task leagues here, but I want to end by say- way to make sure that there is equity Force that she has the unique ability ing, we cannot continue to suffer these in health care services and treatment to mobilize and to organize and push us dramatic increases and this higher rate for all of America. forward into the new millennium. It is of mortality from death and disease a time for such leadership, as the gen- and long-term rates of illnesses from I have joined with my colleagues in tlewoman from the Virgin Islands has diseases that are treatable. These dis- the Congressional Black Caucus in urg- shown us, and I am thankful for her eases are treatable, and we cannot con- ing a minimum of $349 million in HIV/ leadership. She is calling us here today tinue this disfunction different from AIDS to address the pending health cri- to push very strongly for the full fund- other segments of the population. As sis in communities of color. Today we ing of the Congressional Black Caucus’ we prepare now our wonderful Nation are experiencing vast economic pros- emergency public health initiative on to enter the new millennium, this neg- perity. These are said to be the best of HIV/AIDS for the fiscal year 2000. ative health status must not continue, economic times since the 1970’s. Unfor- Mr. Speaker, we cannot talk enough must not continue, and we cannot con- tunately, as our prosperity has in- about this initiative; it is so needed. If tinue to ignore it. creased, so too have our disparities in we do not take care of the health care Man’s inhumanity to man, I spoke of health care. needs of the minorities, the health care before, but we must cease because of It is, to quote a phrase from Dickens, needs of the majority will certainly be the color of one’s skin. These diseases, the best of times and the worst of under strain, as it already is. The $349 they are no respecter of persons. So we times. Economic prosperity is up, but million the Congressional Black Cau- must spend the amount of money it so too is the number of uninsured in cus has requested is targeted propor- takes to be sure it is treated. The Sec- America, rising from 43 million to a tionately to African Americans, His- retary of Health and Human Services total of 44 million today. In commu- panics, Latinos, Asian/Pacific Islanders must begin to implement the rec- nities of color we see vast disparities and Native American communities ommendations stemming from the In- and gaps in health care. African Ameri- based on epidemiological data released stitution of Medicine’s body of cancer cans represent 13 percent of the popu- by the Center of Disease Control. So studies in communities of color. lation but account for 49 percent of October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9291 AIDS deaths and 48 percent of AIDS centers are where most of the people of must raise the awareness of this devas- cases in 1998. One in 50 African Amer- color, the communities that we are tation domestically. ican men and one in 160 African Amer- talking about this evening, receive With African Americans making up ican women are infected with HIV. In their care; and I want to thank the 13 percent of the U.S. population and 1997, 45 percent of the AIDS cases diag- gentleman from Illinois (Mr. DAVIS) for Hispanics making up 11 percent of the nosed that year were among African his hard work and seeing that these U.S. population, these percentages sig- Americans as compared to 33 percent health centers are adequately funded nal an alarming and inhumane quan- among whites. AIDS is the leading to provide those services. dary for all Americans. We, the Mem- cause of death for all United States Next, Mr. Speaker, I yield to my col- bers of Congress, are in a position to males between the ages of 25 and 44 and league from the 37th District of Cali- impact the lives of America’s families for African American males between fornia (Ms. MILLENDER-MCDONALD). struggling to lead healthy, productive the ages of 15 and 44. b 2100 lives. We can serve an integral role in These are valuable years not only in educating parents, teens, and members the lives of these individuals but for all Ms. MILLENDER-MCDONALD. Mr. of our communities on HIV, how it is of America. When we do not act to pro- Speaker, let me first thank the gentle- transmitted, what treatment options vide for research, treatment, education woman from the Virgin Islands (Mrs. exist for those who are living with HIV, and prevention strategies, America CHRISTENSEN) for her steadfast com- the need to obtain HIV testing, and the loses. America loses young, vibrant mitment and leadership to this very clarification of rampant myths associ- taxpayers. America loses great minds critical, but important, issue in the Af- ated with the disease that for so long and workers. If we do not address this rican American community, the Latino has been exclusively associated with epidemic, it can have dramatic con- community, the Asian community, and homosexual white males. sequences on our economy and our all communities of color. She has not Now, HIV, as I have just read to you, ability to compete globally. only shown leadership in this area, but is devastating domestically, but this While deaths from HIV/AIDS diseases in all areas on health issues as they re- disease is also devastating Africa by have been reduced over the last 3 years late to people of color. She has brought large numbers. Presently, there are due to advances in drug therapies, we about an inclusion, and that is evident, nearly 23 million adults and children have not seen a dramatic reduction in of the 39 African American Members of living with HIV/AIDS on that great communities of color. The Centers For Congress who have joined forces with continent. According to UNESCO, Disease Control reported that the AIDS her in this fight to raise the issue of AIDS is now Africa’s leading cause of death rate dropped 30 percent for funding in our community. death. Please hear me, Mr. Speaker, whites, the majority of whom had ac- African Americans and other minori- and those in the outer communities. It cess to new drug therapies, but found ties continue to suffer a drastically is the leading cause of death here do- only 10 percent for African Americans higher rate of death and disease and mestically among African American and 16 percent for all Hispanics. It is no longer term rates of illnesses from women ages 25 to 44, and it is the lead- doubt that the $156 million provided by treatable diseases than other segments ing cause of death on the continent of the Congress last year has assisted in of the U.S. population. As our Nation Africa. our efforts; however, more resources prepares to enter the new millennium, With prevalence rates reaching 25 are needed. this negative health status must not percent of all adults in some countries, In Chicago we have witnessed a rise continue to be ignored. the epidemic is decimating the pool of in the number of HIV cases. For exam- As the Nation spends over $7 billion skilled workers, managers, and profes- ple, reported cases of HIV/AIDS among for HIV–AIDS treatment, prevention sionals who make up the human cap- African Americans in Chicago in- and control, only $156 million is tar- ital to grow Africa’s democracies and creased from 46 percent in 1990 to 68 geted to address HIV–AIDS in commu- economies. percent in 1997. AIDS is the major nities of color, a mere 2 percent. Surely While the HIV/AIDS disease con- cause of death for African American steps must be taken and effective tinues to devastate women domesti- men in Chicago ages 15 to 24, the sec- measures put in place to ensure that cally and throughout Africa, and find- ond leading cause of death for Chi- resources follow the trend of the dis- ing a cure seems far into the future, we cago’s African American men ages 5 to ease across all segments of this popu- cannot afford to give up. The Congres- 34, and the third leading cause of death lation. We are asking for a minimum of sional Black Caucus will not give up. for African Americans in Chicago $349 million to appropriate in fiscal We are calling on all Americans of males aged 35 to 44. year 2000 to address this health emer- good will not to give up. We are calling In addition, the proportion of AIDS gency in communities of color. on our African sisters and brothers not cases in Chicago occurring among Mr. Speaker, I started an AIDS walk to give up. women tripled from 7 percent in 1998 to in the Southern California area be- There are many things that we can 22 percent in 1997. African American cause of the devastation of this disease, do as world citizens to help address the women represent about 39 percent of both domestically, and, now, inter- myriad problems associated with the the Chicago’s women, and they account nationally, in Africa, Brazil, Asia and HIV/AIDS epidemic. Education pro- for almost 70 percent of the cumulative Latin America. grams in the workplace, schools, and AIDS cases among women in that city. In looking at it from the domestic churches can help create new attitudes This is truly an emergency, and it side of things, according to the Centers toward gender and AIDS transmission. warrants the attention and resources for Disease Control, as of June 1997, 32.4 Women’s health services that include of the Federal Government. As we head percent of all males age 13 and older treatment, testing and counseling, pre- into the new millennium, it is essential are African Americans, and 14.8 percent vention and support services, can that we increase not only aid but also are Hispanic. Of all females age 13 and greatly empower women as they com- education and information. It is essen- older, 24.2 percent are Caucasians, 58.4 bat this disease while caring for their tial that we provide resources so that percent are African Americans, and 16.4 children. people can understand transmission percent are Latinos or Hispanics. Of all Mr. Speaker, we must support the and be educated which becomes a real children under the age of 13 years old, cause of a comprehensive program for factor in reducing the advent and onset 60.8 percent are African Americans and African American, Latino and Asian of this terrible illness. 19.5 percent are Hispanic. women and the entire minority popu- Mrs. CHRISTENSEN. Mr. Speaker, I You can see this very devastating lation in testing, education in schools want to thank the gentleman from Illi- disease, Mr. Speaker, has impacted the and the workplace, peer education, and nois for his support on the Health minority women and children tremen- counseling. Brain Trust of the Congressional Black dously, with this being the leading Research is also essential if we are to Caucus and for his work especially cause of death among African Amer- conquer this disease. We want to en- with the community health centers ican women ages 25 to 44, right in those courage more investment in scientific across this Nation. As my colleagues reproductive years. We can ill afford to research that will make tests for ear- know, Mr. Speaker, community health let this continue, Mr. Speaker. We lier detection simple and affordable, H9292 CONGRESSIONAL RECORD — HOUSE October 4, 1999 develop new technologies for preven- It has been noted, Mr. Speaker, but I are homeless, single parents. Many of tion, and promote women’s health think it is important to note again, them are without a spouse or family rights and human rights vis-a-vis HIV/ 48,266 cases were reported in 1998, and, situation. So the $349 million that we AIDS and related issues. for your ears, African Americans ac- are seeking is to be able to assure the Mr. Speaker, I am calling tonight on counted for 45 percent of total cases; 40 funding of the minority health office. all of us to join forces with the Mem- percent of cases in men, 62 percent of It is to ensure outreach. bers of the Congressional Black Cau- cases in women, and 62 percent of cases I would simply say, Mr. Speaker, cus, led by the gentlewoman from the in children. that we have an uphill battle, but the Virgin Islands (Mrs. CHRISTENSEN) to Mr. Speaker, 62 percent of our chil- battle must be one that is joined by all not only address this critical dev- dren are HIV infected and probably of my colleagues, frankly confronting astating disease but help us in the more affected. I have worked in my the crisis of HIV/AIDS and dealing with funding to try and find a cure. community on the HIV question for a that population in a way that said if Mrs. CHRISTENSEN. Mr. Speaker, I number of years, remembering my visit not now, then when? thank the gentlewoman, and I also to the United States Congress in 1990 I believe the time is now, Mr. Speak- want to thank you because you have with my mayor to support the passage er, to fight the fight and win the bat- been a leader on the issue of HIV/AIDS of the Ryan White treatment legisla- tle; and I am delighted, not delighted before I got to the Congress, not only tion, when Houston, Texas, the fourth to be here tonight to fight this battle, for the Nation, but what I understand largest city in the Nation, was then because it is not a delight, but I am has been called the most diverse dis- 13th on the list in the United States of certainly in it for the fight, in order to trict or one of the most diverse dis- America of HIV cases. ensure that we save more lives. tricts in the country. Having started So this problem or this issue has I thank the gentlewoman for yielding the annual AIDS walk that is now been growing and it has been devel- me this time and joining with us by being replicated across the country, I oping and it has, yes, been spreading. giving us the opportunity to partici- want to thank you for that. I thank As with the crisis now in New York pate in this special order. City with St. Louis encephalitis, or you for joining us this evening. b 2115 Next I would like to yield, Mr. whatever else this virus may be called, Speaker, to my colleague the gentle- HIV/AIDS does not stop at the border Mrs. CHRISTENSEN. Mr. Speaker, woman from the 18th Congressional of any State or city. let me just close by thanking my col- District of Texas (Ms. JACKSON-LEE). So I have seen in the City of Houston leagues who have joined us here this Ms. JACKSON-LEE of Texas. Mr. this growth mushroom. In fact, a few evening. Speaker, I thank the gentlewoman weeks ago I held a grant meeting with I will say in closing that Dr. Harold from the Virgin Islands (Mrs. many of my minority HIV organiza- Freeman, a world-renowned expert on CHRISTENSEN) for her leadership, and I tions. Part of the emphasis was the cancer, told us at our spring Brain thank her for organizing this special outreach to explain to them that they Trust that although we had been fight- order. I particularly am gratified for should be dutiful and studious in seek- ing the war on cancer, on which he is the opportunity to join my colleagues ing grants to help educate our commu- an expert, we had perhaps been fighting on a message to the American people of nities. What I was overwhelmed with the wrong kind of war, and that the the enormity of the crisis of HIV/AIDS was the enormous challenge, again, kind of war we need to be fighting to be in the minority community. that these groups were facing, the successful against cancer, heart dis- In particular let me also emphasize numbers of cases that they were hav- ease, diabetes, and HIV-AIDs, and all of that, albeit we are here on the floor of ing, and the amount of money that the diseases that are causing the dis- the House and we may sound as if we they needed. parities in communities of color, needs are working studiously to secure the This whole situation with women in to be more of a guerilla war, a hand-to- passage or secure the funding, I hope their childbearing stages, twenty-five hand type of combat against these dis- our tone does not in any way diminish to 44 being HIV infected. It is a direct eases within our neighborhoods. the enormity of the problem and the link to our children being born with That is what we are here asking for, crisis and the urgency. this deadly disease. In many instances, for the resources to be brought to our I would like to additionally thank the treatment or the outreach would be communities, this evening. We ask for the gentlewoman from the Virgin Is- the door or the divide that would pro- the support of our colleagues for the lands (Mrs. CHRISTENSEN) for her lead- tect that woman during her child- CBC initiative, and the $349 million ership on the Health Brain Trust here bearing stages becoming susceptible to that will be needed to bring these re- in the Congressional Black Caucus. HIV/AIDS and, therefore, carrying it to sources to this community. Among the many issues she discussed, her child. More information, more Mr. Speaker, last month the United States there was a great focus on HIV/AIDS, treatment, more access to information, Commission on Civil Rights issued its report as well as many other health issues in more education. entitled: ``The Health Care Challenge: Ac- the African American community. But Of Americans reported with AIDS knowledging Disparity, Confronting Discrimina- the emphasis is not only the African through December 1998, 37 percent were tion and Ensuring Equality.'' American community, but the empha- black and 18 percent Hispanic. In 1998, We in the CBC have long said that health sis is also on the enormous, again I use the annual AIDS incidence rate among care is the new civil rights battlefield, and we that term, because they are so exten- African American adults in adoles- have approached it accordingly. sive, disparities in healthcare for the cence was eight times that of whites. Let me quote in part from the report. Al- minority community. African American women accounted for though there was a dissenting view, the report Dr. King wrote a book some years 70 percent of all reported cases of HIV states quite clearly and without dispute that ago that said, ‘‘If not now, then when?’’ infection among all women in 1998. equal access to quality health care is a civil I would offer to say that the reason Mr. Speaker, let me share with you right. And that despite the many initiatives, why we are here on the floor of the why this may be a more difficult chal- and programs implemented at the Federal, House is to ask that same question: If lenge than most would like to think. State and local levels, the disparities in health not now, when? How many more have The difficulty of the challenge is to say care for women, the poor and people of color to die? How many more statistical hor- that it is outreach, it is making sure will not be alleviated unless civil rights con- ror stories do we have to hear about that we reach individuals who are in- cerns are integrated into these initiatives and HIV/AIDS before we can have the timidated by institutions, by medical programs. United States Congress consider the facilities, by hospitals, who are intimi- The report cites access to health care, in- $349 million that is being supported by dated as to what would happen to them cluding preventive and necessary treatment as the Congressional Black Caucus at the if they report they have HIV/AIDS, the most obvious determinant of health status, leadership of the gentlewoman from that they would be fired or not have and cites barriers: to include health care fi- the Virgin Islands (Mrs. CHRISTENSEN) the opportunity for seeking care be- nancing, particularly the ability to obtain health in asking for this money to help us in cause they were afraid of what may insurance, language, cultural misunder- this crisis of HIV/AIDS? happen to them. Many of these women standing, lack of available services in some October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9293 geographical areas, and in some cases lack of particularly minority and poor womenÐhave to be talking about this kind of virus transportation to those services. been excluded from clinical trials for decades. that is affecting just the gay commu- Behaviors, and the need to accept individual Again in their transmittal letter the Commis- nity. responsibility for one's health has often been sion states: another focus of the Office of Sec- We now find that is not the case. It is cited as an important determinant, but the in- retary, OCR and minority health should be the a communicable disease that will af- vestigation done by the Commission clearly lack of medical research by and about minori- fect all persons that are subjected or shows that although behaviors such as smok- ties. HHS must take the lead in enforcing the exposed to this virus in the workplace, ing, diet, alcohol, and others can be correlated mandated inclusion of females and minorities in the health facilities, anywhere that to poor health status, they only account for a in health related research both as participants persons can be exposed to this virus. modest portion of health disparities which exist in and recipients of Federal funds for re- Mr. Speaker, we now plead for this across age, sex and race and ethnic cat- search. money to follow where it is. We know egories. The CBC, under the leadership of Jesse that we have had reductions, and we What is often not taken into account is the Jackson, Jr., is supporting the creation of a are always pleased about having reduc- social and economic environment in which center of disparity health research which tions in any kind of communicable dis- personal choice is limited by opportunities. I would elevate the current Office of Minority ease. We have seen almost a wipe-out am referring to issues such as low income, the Health to center status. of diphtheria and all the various vi- unavailability of nutritious foods, and lack of This is an important measure to achieving ruses and bacterial communicable dis- knowledge about healthy behaviors. diversity which is important in both research eases we have had in the past. Hope- So while we help those most affected to un- and researchers. fully we will speak of this disease as derstand more about healthy behaviors and Lastly, the CBC initiative is about making re- one of the past, but we cannot ignore make the appropriate lifestyle changes, it is sources available to our communities so that the education that must taken to pre- the work of this Congress to improve the edu- they themselves can be the agents of the nec- vent this devastating virus. cational and housing environment, and to essary change and improvement in our health With our young people and our youth bring the economic growth being experienced status. groups, they must understand what by most of America to our more rural and eth- The Commission states that ``to be effective causes the exposure and how to prevent nic communities. in reducing disparities and improving condi- that exposure. Far too many people are What are some of the other changes that tions for women and people of color, they dying of AIDS. Even though it is much the Commission recommends be implemented must be implemented at the community level, less than what it was some years ago, to meet this important challenge? Not surpris- particularly in conjunction with community any death from this virus is too many, ingly they go to the heart of the congressional based organizations. because it means that someone has ig- black caucus initiative. f nored or not known what exposes them One of the disparities the Commission found to this deadly virus. THE NORWOOD-DINGELL BILL is that although there is an effort to eliminate People are living longer, which is OFFERS REAL HMO REFORM racial and ethnic health disparities, I quoteÐ costing more for care, and we are al- there has not been any systematic effort by The SPEAKER pro tempore (Mr. ways pleased to have good results, but the steering committee at the Department of COOKSEY). Under the Speaker’s an- nothing surpasses preventing diseases Health and Human Services or Office of Civil nounced policy of January 6, 1999, the of this sort. For that reason, I hope we Rights to monitor or report on the Depart- gentleman from New Jersey (Mr. would give real attention to educating ment's progress. PALLONE) is recognized for 30 minutes especially our younger people. This is precisely what the funding of the of- as the designee of the minority leader. We are finding that our older women fices of minority health within the agencies Mr. PALLONE. Mr. Speaker, I yield in heterosexual relationships have an would address. It would give these offices a to the gentlewoman from the Virgin Is- increase in the incidence of the HIV- line item budget, and build into the system a lands (Mrs. CHRISTENSEN). AIDs virus because of loneliness, all process whereby minority interests and exper- THE HIV-AIDS CRISIS IN THE AFRICAN-AMERICAN kinds of other activities that would tise would be brought to bear in decision and COMMUNITY lead them to be exposed to this virus. policy making within the Department. Mrs. CHRISTENSEN. Mr. Speaker, I That must be given attention. No mat- The Commission stated in its transmittal let- really appreciate the gentleman’s gen- ter what the profile of the individual ter to the President and leaders of Congress erosity. might be or might seem to be, caution that the offices of women and minority health Mr. Speaker, I yield to the gentle- is advised. throughout HHS should take a more proactive woman from Texas, Ms. EDDIE BERNICE We have gone a long way in attempt- role in the incorporation of these populations' JOHNSON. ing to keep people alive with the var- health issues in HHS. Treated as peripheral, Ms. EDDIE BERNICE JOHNSON of ious drugs that are very, very costly, these offices are forced to operate under the Texas. Mr. Speaker, I thank the gentle- and causing them to live longer lives. constraints of extremely limited budgets. HHS woman from the Virgin Islands (Mrs. But nothing yet has come along for us must recognize the potential impact of these CHRISTENSEN) and the gentleman from to see the real end to this deadly virus. offices and increase funding accordingly. New Jersey (Mr. PALLONE) for yielding. The best thing we can do is prevent it. This we feel is critical to creating the inter- Mr. Speaker, I join the Members here We find that the persons who are the nal changes and departmental culture that is representing the Black Caucus, and I most sometimes uneducated are the necessary to effect the change which must be plead for more attention and funding ones who least believe that they can be achieved in the health of people of color. to be given for prevention and treat- exposed to this virus, and they are the The report cites the importance of physician ment of the HIV virus and the AIDS ones who are becoming more exposed diversity and cultural competence in the deliv- disease. all the time. No one, absolutely no one, ery of health services. It found that within the Mr. Speaker, somehow I think that is safe when they take part in any ac- context of patient care it is necessary to open back in 1980, 1981, and 1982, when many tivity that exposes them to this virus, up medical knowledge to include multicultural of the leaders from the gay community no matter what. and gender perspectives to health, health were speaking out against this virus, I am eternally grateful for the lead- care, and patient-provider interaction. It further that much of the other parts of the ers in the gay community for con- states that a major finding of their research is community simply ignored it because tinuing to talk about this virus, and that clearly more minorities are needed as they thought it was just a disease of not allowing the rest of us to forget it health care professionals. the gay and lesbian population. just because they had a larger inci- The current appropriations committee report Even at that time, I knew a virus did dence. That incidence has gone down indicates a reduction in funding below the not know the sexual practices of peo- tremendously in that community, but President's request for programs that would ple, and I felt it was a communicable the leadership continues almost to make this happen. These funds need to be re- disease that had the capacity of infect- come from the concentration of their instated and I ask the House's support in ing almost anyone. That has proven to community. doing so. be true. Back in 1980 and 1981, when we I am grateful for them continuing to The Commission also stated that their re- were having meetings at home, I was bring forth the leadership in educating search indicated that minorities and womenÐ getting warnings that it was dangerous the people, but there is an element H9294 CONGRESSIONAL RECORD — HOUSE October 4, 1999 missing. When people think it is only is one reason why we have such a grave Our struggle against AIDS and the in the gay community, they simply situation today. While we have ad- AIDS epidemic is far from over. Our ef- think they are over and above this ex- vanced in that respect, we cannot rest forts now are extremely important to posure. This is the myth we must on our laurels because the problem still the future of each and every citizen of break down. This is a virus that abso- exists and it is growing stronger with the country. Every concerned indi- lutely anyone can be exposed to. It every passing day, especially with re- vidual needs to take an active role in only takes one exposure, so the edu- gard to people of color. the fight against AIDS. We must wake cation must go forth in all commu- For example, African-Americans up, and we must make a concerted ef- nities, young and old, heterosexual or make up only 12 percent of the popu- fort at both the Federal and grassroots not. We must not stop educating, be- lation, but account for 45 percent of all level if we are truly determined to de- cause that is the only thing that is reported HIV–AIDS cases. African- feat the AIDS crisis. going to prevent this virus. It is costly, American women account for 56 per- Mr. PALLONE. Mr. Speaker, I want- the treatment is very costly, the suf- cent of women living with HIV–AIDS, ed to spend some time tonight, because fering is costly. We must really focus and to me, the most sobering statistic, this is the week when managed care re- on prevention and not just paying for African-American children account for form, HMO reform, will come to the the illness. 58 percent of children living with the floor for the first time. I just wanted to I want to thank the leadership of the disease. spend about 15 or 20 minutes talking gentlewoman from the Virgin Islands The bottom line, Mr. Speaker, is that about why the Patients’ Bill of Rights, (Mrs. CHRISTENSEN). As an M.D., she is we are dying, and something must be the bipartisan Norwood-Dingell bill, is fully aware of all of the factors in- done. The Clinton administration has the right measure, and why every ef- volved, and I appreciate the leadership worked with the Congressional Black fort that may be made by the Repub- that she has brought forth. Caucus to address the disproportionate lican leadership over the next few days Mrs. CHRISTENSEN. I thank the burden of AIDS in racial minorities by to try to stop the Norwood-Dingell bi- gentlewoman from Texas (Ms. EDDIE funding money to those communities partisan bill, either by substituting BERNICE JOHNSON). I want to thank her most affected. Together, we fought a some other kind of HMO so-called re- for her leadership as a health care pro- hard battle with the majority party to form or by attaching other amend- fessional, as well as Vice-Chair of the secure an additional $156 million on ments or poison pills that are unre- caucus. targeted initiatives to address racial lated and sort of mess up, if you will, Mr. Speaker, I yield to the gentleman and ethnic minorities. A local Newark the clean HMO reform that is nec- group fighting against AIDS with from New Jersey (Mr. PAYNE). essary, why those things should not be Mr. PAYNE. Mr. Speaker, first of all, drama is Special Audiences, which re- passed, and why we should simply pass let me thank the gentleman from New cently received one of these grants. the Norwood-Dingell bill by the end of This increase in funding is a good Jersey (Mr. PALLONE) for yielding. this week. I commend the gentlewoman from start, but it is simply not enough. I do not want to take away from the Right now AIDS is the leading cause of the Virgin Islands (Mrs. CHRISTENSEN) fact that the Republican leadership has for her perseverance, and the persist- death of African-American males be- finally allowed this legislation to come tween the ages of 25 and 44, the leading ence and leadership she has shown by to the floor, but I am very afraid that cause of death. This is unacceptable. being a physician, and we are so happy the Committee on Rules will report out Our young black men represent our fu- to have her. a procedure that will make it very dif- But I also would like to add that we ture, and this terrible disease is killing ficult for the bill to finally pass with- them off. are in good company, because the out having poison pill or other dam- In order to address the AIDS issue ef- Speaker pro tempore tonight is also a aging amendments added that ulti- fectively, we need to tackle the prob- person who has done work on river mately will make it difficult for the lem at all levels. First, we need to in- Patients’ Bill of Rights to move to the blindness, and has donated his time crease awareness of the disease. The and effort and resources to try to help Senate, to move to conference between difference in response from my first the two Houses, and ultimately be people who are much worse off in an- hearing on AIDS to this forum tonight other part of the world. I commend him signed by the President. is like the difference between night and A word of warning to the Republican for his work. day. The awareness of the disease has leadership. This is a bill, the Norwood- Mr. Speaker, we are in a crisis. The increased dramatically, and that is a Dingell bill, the Patients’ Bill of issue of HIV and AIDS in this country good indication that people want to be Rights, that almost every American is one of the most serious problems we helped. supports overwhelmingly. It is at the must grapple with. Since the AIDS epi- Secondly, we have to educate people top of any priority list for what this demic began in 1981, more than 640,000 on the dangers of this disease. This Congress and this House of Representa- Americans have been diagnosed with means everyone. AIDS is a killer that tives should be doing in this session. I the disease, and more than 385,000 men, affects every segment of our population think it would be a tragedy if the Re- women, and children have lost their and every age group, from children to publican leadership persists and con- lives. elderly adults. Without properly edu- tinues to persist in its efforts to try to I have been at the forefront of fight- cating people, we will find ourselves in stall this bill, damage this bill, and ing against AIDS since the 1980s, when a much worse situation down the road make it so this bill does not ultimately it was not quite as acceptable to talk than we are today. become law. in public about this dread disease. In Finally, we must encourage better b 1989, when I was first elected to Con- treatment and health care for those 2130 gress, I called a congressional hearing who have the disease. The dispropor- I just want to say very briefly, Mr. in my district of Newark, New Jersey, tionate number of AIDS cases in the Speaker, because I have mentioned it to sound the alarm on the epidemic African-American population is not so many other times on the floor of the that everyone was ignoring. due to the lack of medical technology House of Representatives, the reason In 1991, I introduced the abandoned or advancements. Rather, it points to the Patients’ Bill of Rights is a good infants bill, which was approved in the the limitations that African-Americans bill and such an important bill basi- House. This was a bill to protect aban- face in access to health care. The medi- cally can be summed up in two points; doned infants, some of whom were in- cines and treatments are out there. and that is that the American people fected with HIV virus, and for other They are effective, but we do not have are sick and tired of the fact that when programs to assist them. I was out- access to them. That is wrong. they have an HMO, too many times de- raged at the lack of attention being Let me conclude by saying there is a cisions about what kind of medical paid to this disease, a disease that was common bond between all of these care they will get is a decision that is and still is killing people every day in strategies. They are all contingent on made by the insurance company, by every community. increasing the Federal funding, and en- the HMO, and not the physician and This past reluctance to address the suring that these funds are targeted to not the patient. That is point number problem that was staring us in the face the population that needs it the most. one. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9295 Point number two is that if an HMO care premiums to skyrocket. That is basically cannot be sued under the Nor- denies a particular operation, a par- simply not true. If we look at last wood-Dingell bill. And I would defy ticular length of stay in the hospital, week’s Washington Post, September 28, anyone to say that that is the case, or some other care that a patient or there was an article that surveyed that an employer can be sued effec- physician feels is necessary, then that HMO members in Texas, where there is tively. patient should be able to take an ap- a very good patient protection law that I wanted to mention one last thing peal to an independent outside review has been in place for the last 2 years. about the poison pills, and then I would board that is not controlled by the That survey showed dramatically that like to yield to the gentlewoman from HMO and, ultimately, to the courts if in Texas they could not find one exam- Texas, because she is representing the the patient does not have sufficient re- ple where the Texas patient protection State of Texas. And she knows first- dress. Right now, under the current law forced Texas HMOs to raise their hand how this law has worked so effec- Federal law, that is not possible be- premiums or provide unneeded and ex- tively in her home State of Texas, and cause most of the HMOs define what is pensive medical services. The Texas this is a law I use over and over again medically necessary, what kind of care law, which has been on the books for 2 as an example of why we need the Fed- an individual will receive themselves. years, shows that costs do not go up be- eral laws. So I would like to hear her And if an individual wants to take an cause good patient protections are pro- speak on the subject. appeal, they limit that appeal to an in- vided. Let me just say, though, that the In addition, we are told by the insur- ternal review that is basically con- other thing that we are going to see ance companies that costs are going to trolled by the HMO itself. over the next few days here in the So the individual cannot sue. If an go up because there will be a lot more House is an effort by the Republican individual is denied the proper care, suits and that will cost people more leadership to load down the Patients’ they cannot take it to a higher court, money and their premiums will have to Bill of Rights, the Norwood-Dingell to a court of law, because under the go up. Well, the 2-year Texas law that bill, with what I call poison pills. I say allows HMOs to be sued for their neg- Federal law, ERISA preempts the State they are poison because they do not ligent medical decisions has prompted law and makes it impossible to go to really believe that these are good almost no litigation. Only five lawsuits court if an individual’s employer is in a things. But they think if they pass out of the four million Texans in HMOs self-insured plan, which covers about 50 them and add them to the Patients’ in the last 2 years, five lawsuits, which percent of Americans, who get their Bill of Rights that, ultimately, that is really negligible. will defeat the bill. They cannot defeat health insurance through their em- It is really interesting to see the ar- the bill on its merits because they ployer, who is self-insured, and those guments that the insurance companies know that that will not work, so they people cannot sue in a court of law. use. The other one they are using, and We want to change that. The bipar- try to add some poison pills. they are trying to tell every Member of Basically, what they are trying to do, tisan Norwood-Dingell bill would Congress not to vote for the Patients’ and this is the same stuff we have had change that. It would say that medical Bill of Rights, not to vote for the Nor- in previous years, a few days ago the decisions, what kind of care an indi- wood-Dingell legislation, is this myth GOP leadership announced its inten- vidual gets has to be made by the phy- that employers would be subject to tion to consider a number of provisions sician and the patient, not by the lawsuits simply because they offer it claims will expand access to health HMO. The definition of what is medi- health benefits to their employees insurance along with managed care. cally necessary is essentially decided under ERISA. What they are saying is, by the physicians, the health care pro- if we let the patient protection bill Again, this is a ruse. There is no effort fessionals. pass, employers will be sued and they here to really expand access for the un- And, secondly, if an individual is de- will drop health insurance for their em- insured. It is just that they have no nied care that that individual and their ployees because they do not want to be other way to counter the growing mo- physician thinks they need, under the sued. mentum behind the Norwood-Dingell Patients’ Bill of Rights, the bipartisan Well, that is simply not true. Senior bill. But based on the statement re- bill, what happens is that that patient attorneys in the employee benefits de- leased by the gentleman from Illinois has the right to an external review by partment in the health law department (Mr. HASTERT), the Speaker of the an independent review board not con- at some of the major law firms, and I House, we can expect to see the fol- trolled by the HMO. And, failing that, will cite a particular one here from lowing poison pills: The worst of them they can go to court and can sue in a Gardener, Carton and Douglas, which are: Medical Savings Accounts, Associ- court of law. basically did a legal analysis of the ated Health Plans, or MEWAs, and Now, those are the basic reasons this Norwood-Dingell bill, claim that this is Health Marts. is a good bill. There are a lot of other simply not correct. Section 302 of the All three of these measures would reasons. We provide for emergency Norwood-Dingell bill specifically pre- fragment the health care market by di- services, we provide access to specialty cludes any cause of action against an viding the healthy from the sick. This care, we provide protection for women employer or other plan sponsor unless fragmentation will drive up costs in and children. There are a lot of other the employer or plan sponsor exercises the traditional market, making it specific provisions that I could talk discretionary authority to make a de- more difficult for those most in need of about, but I think there is an over- cision on a claim for covered benefits health insurance to get it. As a result, whelming consensus that this is a good that results in personal injury or these measures would exacerbate the bill. This is a bill that almost every wrongful death. problem of making insurance acces- Democrat will support and enough Re- So the other HMO myth is that an sible to more people. publicans on the other side of the aisle employer’s decision to provide health And that is not all they do. MSAs will join us against their own Repub- insurance for employees would be con- take money out of the treasury that lican leadership in support of this bill. sidered an exercise of discretionary au- could be used more effectively to in- But there have been a lot of false- thority. Well, again, that is simply not crease access to health insurance hoods being spread by the insurance in- true. The Norwood-Dingell bill explic- through tax benefits. The Health Marts dustry over the last few days and the itly excludes from being construed as and the MEWAs would weaken patient last few weeks and will continue until the exercise of discretionary authority protections by exempting even more Wednesday and Thursday when this bill decisions to, one, include or exclude people from State consumer protection comes to the floor, and I wanted to ad- from the health plan any specific ben- and benefit laws. dress two of them because I think they efit; two, any decision to provide extra- There is no doubt about what is going are particularly damaging if people be- contractual benefits; and, three, any on here with the Republican leader- lieve them. And they are simply not decision not to consider the provisions ship. The opponents of the Norwood- true. of a benefit while internal or external Dingell bill are cloaking their fear of One is the suggestion that the pa- review is being conducted. the bill’s strength in a transparent cos- tient protection legislation, the Nor- What this means is that we precluded tume. They are trying to add these poi- wood-Dingell bill, would cause health all these employer suits. The employer son pills to kill the bill. We should not H9296 CONGRESSIONAL RECORD — HOUSE October 4, 1999 allow it, and I do not think my col- I was just talking to a physician who ERISA where the corporation, their leagues will. stands in the Speaker’s chair, if I employer, is self-insured. Mr. Speaker, I yield to the gentle- might share, that if there is liability If we do not pass a Federal law, all of woman from Texas (Ms. JACKSON-LEE). on a physician who makes a medical the things that Texas, California, and Ms. JACKSON-LEE of Texas. Mr. decision, the only thing we are saying New Jersey and other States will do Speaker, I could not help but listen to about the HMOs is if they make a med- are still only going to apply to a mi- the gentleman as he was making both ical decision, if that medical decision nority of the people that have health an eloquent but very common-sense ex- does not bear the kind of fruit that it insurance. So it is crucial, even though planation of what we are finally get- should, then that harmed or injured we know that States are making ting a chance to do this week in the person should be allowed to sue. That progress, and even though we have seen United States Congress. First, let me has been going on in the State of Texas some of the courts now intervene, Illi- applaud the gentleman from New Jer- now for 2 years. There have been no nois last week intervened and is allow- sey for years of constant persistence representation that there has been ing people to sue the HMO under cer- about the crumbling and, unfortu- abuse. I can assure my colleagues in a tain circumstances, and the Supreme nately, weakened health care system in very active court system, as a former Court of the United States is taking up America. municipal court judge, there has not a case, even with all that, the bottom I was just talking with my good been any run on the courthouse, I tell line is that most people still do not friend the Speaker, and I think none of the gentleman from New Jersey, be- have sufficient patient protections be- us have come to this Congress with any cause of that legislation. cause of that ERISA Federal preemp- great adversarial posture with HMOs. I So I would just simply say, if I might tion. remember being a member of the Hous- share just another point that I think It is important to pass Federal legis- ton City Council and advocating get- the gentleman mentioned in terms of a lation. And we are going to be watch- ting rid of fraud and being more effi- poison pill, that we tragically just ing the Republican leadership to make cient with health care. So none of us heard that 44.3 percent of Americans do sure when the rule comes out tomor- have brought any unnecessary baggage not have access to health insurance. row or the next day, that they do not of some predestined opposition to what We know that we have, as Henry Sim- screw this up so that we cannot pass a HMOs stand for. I think what we are mons has said, President of the Na- clean Patients’ Bill of Rights. committed to in the United States tional Coalition on Health Care, that I want to thank the gentlewoman Congress and what the gentleman’s this report of uninsured Americans is again for so many times when she has work has shown over the years, and alarming and represents a national dis- been down on the floor with me and what the Norwood-Dingell bill shows, grace. We know we cannot fix every- others in our health care task force is that we are committed to good thing with this. And I might say to the making the case for the Patients’ Bill health care for Americans, the kind of gentleman that Texas, alarmingly so of Rights. It is coming up, but we are health care that Americans pay for. and embarrassingly so, is number one going to have to keep out a watchful I would say to our insurance compa- in the number of uninsured individuals, eye. nies, and I will respond to the State of but we do know that with this bipar- f Texas because it is a model, but shame, tisan effort of a Patients’ Bill of b 2145 shame, shame. The interesting thing Rights, I am supporting the Norwood- about the State of Texas, and might I Dingell bill, we can address the crisis ‘‘SEPARATION OF CHURCH AND applaud my colleagues, both Repub- that many of our friends and our con- STATE’’ licans and Democrats alike in the stituents are facing in terms of denied The SPEAKER pro tempore (Mr. House and Senate in Texas, it was a health care because HMOs are COOKSEY). Under the Speaker’s an- collaborative effort. It was a work in superceding the professional advice of nounced policy of January 6, 1999, the progress. It was all the entities regu- physicians who have a one-on-one rela- gentleman from Pennsylvania (Mr. lated by the State of Texas who got to- tionship with patients. PITTS) is recognized for 60 minutes as gether and sacrificed individual special I think we have to stop the hypocrisy the designee of the majority leader. interests for the greater good. in the patient’s examination room. We Mr. PITTS. Mr. Speaker, tonight sev- I might add, and I do not think I am must give back health care to the pa- eral of us are gathered here in the hall misspeaking, that all of the known tient and the physician and the health of the House in a legislative body that physicians in the United States Con- professional. We must stop this intru- represents the freedom that we know gress, or at least in the House, let me sion. And I know the gentleman knows and love in America to discuss what not stretch myself to the other body, I of this, because we have had hearings our Founding Fathers believed about believe, are on one of the bills. And I and heard many tragic stories. the First Amendment, about the issue think most of them, if they are duly So I would say to the gentleman that of religious liberty, about the freedom cosponsoring, are on the Norwood-Din- I hope this is the week that is, and that of religion, about the interaction of re- gell bill. I think Americans need to is that we can successfully come to- ligion in public life. We are talking to- know that. All of the trained medical gether in a bipartisan manner to stand night about the First Amendment, not professionals who are Members of the on the side of good health care for all the Second Amendment, not the Tenth United States Congress are on the Nor- Americans by passing the Norwood- Amendment, the 16th, not the 26th, the wood-Dingell bill, or at least cospon- Dingell bill, the Patients’ Bill of First Amendment, without which our soring it and maybe sponsoring an- Rights. And I thank the gentleman Constitution would not have been rati- other entity. That says something. again for his leadership, and I continue fied. What we should know about the to look forward to working with him. I Mr. Speaker, there has been a lot Texas bill is, one, to all those who believe at the end of the week, hope- said by people of all political stripes might be listening, our health system fully, when the cookies crumble, we and ideologies about the role of reli- has not collapsed. Many of my col- will stand on the side of victory for gion in public life and the extent to leagues may be aware of the Texas that bill. which the two should intersect, if at Medical Center, one of the most re- Mr. PALLONE. Mr. Speaker, I want all. nowned medical centers in the whole to thank the gentlewoman. I wanted to Lately, with the increased discussion Nation. Perhaps Members have heard say one more thing, because I know we of issues like opportunity scholarships of M.D. Anderson or of St. Luke’s. are out of time. Even though Texas and for children to attend religious edu- Many of our trauma centers, the Her- my home State of New Jersey, and now cational institutions, about Govern- mann Hospital, developed life flight. we read California, have all passed ment contracting with faith-based in- We have seen no diminishment of good patient protection laws, I do not stitutions, and even about the debate health care for Texans because of the want any of our colleagues to think on the Ten Commandments being post- passage of legislation that would allow that we do not need the Federal law. ed on public property, we have heard access to any emergency room or that These State laws still do not apply to the phrase ‘‘separation of church and would allow the suing of an HMO. 50 percent of the people that are under state’’ time and time again. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9297 Joining me tonight to examine this with the other Founders, that the only use his phrase to prohibit the free exer- phrase, as well as the issue of public re- thing the First Amendment prohibited cise of religion, whether by students ligious expression and what our First was the Federal establishment of a na- who want to express their faith, or by Amendment rights entail, are several tional denomination. He explained this judges who want to show their belief in Members from across this great Na- to fellow signer of the Declaration of the Ten Commandments, or by ceme- tion. I am pleased to be joined tonight Independence Benjamin Rush, telling teries who wish to display a cross, or by the gentleman from Colorado (Mr. him: ‘‘The Constitution secured the by so many other public religious ex- TANCREDO), the gentleman from North freedom of religion. The clergy had a pressions. Carolina (Mr. HAYES), the gentleman very favorite hope of obtaining an es- Jefferson’s phrase that so long meant from Tennessee (Mr. WAMP), and the tablishment of a particular form of that the Federal Government would gentleman from Alabama (Mr. Christianity through the United not prohibit public religious expres- ADERHOLT). Each of these Members will States, especially the Episcopalians sions or activities is now used to do ex- examine the words and the intent of and the Congregationalists. Our coun- actly the opposite of what Jefferson in- our Founding Fathers. trymen believe that any portion of tended. Rather than freedom of reli- I would like to begin by examining power confided to me will be exerted in gion, they now want freedom from reli- the words and works of one of our most opposition to these schemes. And they gion. Ironic, is it not? quoted Founders, Thomas Jefferson, believe rightly.’’ Earlier generations long understood who actually coined the phrase ‘‘sepa- Jefferson committed himself as Jefferson’s intent for this phrase. And ration of church and state’’ but in a President to pursuing what he believed unlike today’s courts, which only pub- way much different than what present to be the purpose of the First Amend- lished Jefferson’s eight-word ‘‘separa- day lore seems to suggest. ment, not allowing any denomination tion’’ phrase and earlier courts pub- ‘‘Separation of church and state’’ is to become the Federal or national reli- lished Jefferson’s full letter, if Jeffer- the phrase which today seems to guide gion, as had been the case in Britain son’s separation phrase is to be used the debates in this chamber over public and France and Italy and other nations today, let its context be clearly given religious expressions. While Thomas of that day. as in previous years. Jefferson popularized that phrase, most In fact, at the time of the writing of Additionally, earlier generations al- of those who so quickly invoke Thomas the Constitution, 8 of the 13 colonies ways viewed Jefferson’s ‘‘separation’’ Jefferson and his phrase seem to know had state churches. But Jefferson had phrase as no more than it actually was, almost nothing of the circumstances no intention of allowing the Federal a line from a personal, private letter which led to his use of that phrase or Government to limit, to restrict, to written to a specific constituent group. even of Jefferson’s own meaning for the regulate, or to interfere with public re- There is probably no other instance in American history where eight words phrase ‘‘separation of church and ligious practices. state.’’ Therefore, in his short and polite spoken by a single individual in a pri- Interestingly enough, the same Mem- reply to the Danbury Baptists on Janu- vate letter, words now clearly divorced bers in this chamber who have been ary 1, 1802, he assured them that they from their context, have become the using Jefferson’s phrase to oppose the need not fear, the free exercise of reli- sole basis for a national policy. constitutionally guaranteed free exer- One further note should be made gion will never be interfered with by cise of religion have also been com- about the First Amendment and the the Federal Government. He explained: plaining that this body should do more ‘‘separation of church and state’’ ‘‘Believing with you that man owes ac- with education, and I am starting to phrase. The CONGRESSIONAL RECORDS count to none other for his faith or his agree with them. Those who use this from June 7 to September 25, 1789, in worship than to God, I contemplate phrase certainly do need some more the 1st Congress record the months of with sovereign reverence that act of education about the origin and the discussions and the entire official de- the whole American people which de- meaning of this phrase. bates of the 90 Founding Fathers who The phrase ‘‘separation of church and clared that their Federal legislature framed the First Amendment. And by state’’ appeared in an exchange of let- should ‘make no law respecting an es- the way, contrary to popular mis- ters between President Thomas Jeffer- tablishment of religion or prohibiting conception, Jefferson was not one of son and the Baptist Association of the free exercise thereof,’ thus building those who framed the First Amend- Danbury, Connecticut. The election of a wall of separation between church ment, nor its religion clause. He was President Jefferson, America’s first and state.’’ not even in America at the time. He anti-Federalist President, elated many Jefferson’s understanding of the wall was serving overseas as an American Baptists of that day since that denomi- of separation between church and state diplomat and did not arrive back in nation was, by and large, strongly anti- was that it would keep the Federal America to become George Washing- Federalist. Government from inhibiting religious ton’s Secretary of State until the From the early settlement of Rhode expression. This is a fact he repeated in month after the Bill of Rights was Island in the 1630s to the time of the numerous other declarations during his completed. Federal Constitution in the 1780s, the presidency. Nonetheless, when examining the Baptists often found themselves suf- For example, in his second inaugural records, during the congressional de- fering from the centralization of power. address, he said: ‘‘In matters of reli- bates of those who actually were here And now having a President who advo- gion, I have considered that its free ex- and who actually did frame the First cated clear limits on the centralization ercise is placed by the Constitution Amendment, not one single one of the of government powers, the Danbury independent of the powers of the Fed- 90 framers of the Constitution’s reli- Baptists wrote Jefferson on November eral Government.’’ gion clause ever mentioned the phrase 7, 1801, congratulating him but also ex- In a letter to Judge Samuel Miller, ‘‘separation of church and state.’’ pressing their grave concern over the Jefferson wrote: ‘‘I consider the Fed- If this had been their intent for the entire concept of the First Amend- eral Government as prohibited by the First Amendment, as is so frequently ment. Constitution from intermeddling with asserted today, then at least one of That the Constitution even contained religious exercises.’’ those 90 would have mentioned that a guarantee for the free exercise of re- Jefferson’s phrase on ‘‘separation of phrase. Not one did. ligion suggested to the Danbury Bap- church and state’’ was used to declare Today the phrase ‘‘separation of tists that the right to religious expres- his dual conviction that the Federal church and state’’ is used to accom- sion had become a government-given Government should neither establish a plish something the author of the rather than a God-given, or inalienable national denomination nor hinder its phrase never intended. That phrase right. They feared that the Govern- free exercise of religion. Yet, is it not found nowhere in the Constitution is ment might some day believe that it interesting that today the Federal now used to prohibit what is actually had constitutional authority to regu- Government, specifically the Federal guaranteed by the Constitution, the late the free exercise of religion. courts, now use Jefferson’s ‘‘separa- free exercise of religion. Jefferson understood their concern. tion’’ phrase for a purpose exactly op- It is time to go back to what the It was also his own. He believed, along posite of what he intended? They now Constitution actually says rather than H9298 CONGRESSIONAL RECORD — HOUSE October 4, 1999 to what some opponents of religion In Pennsylvania, because a pros- spite the first amendment’s explicit wish that it said. ecuting attorney mentioned seven guarantee for the free exercise of reli- Mr. Speaker, I yield to the gentleman words from the Bible in the courtroom, gion. This is ridiculous. It has gone too from Alabama (Mr. ADERHOLT). a statement which lasted actually less far, Mr. Speaker. Mr. ADERHOLT. Mr. Speaker, I than 5 seconds, a jury sentence was It appears that every conceivable ef- thank the gentleman for yielding to overturned for a man convicted of bru- fort is being made to hide religion as if me. I think he makes some very excel- tally clubbing a 71-year-old woman to it were something sinister and per- lent points on his discussion about sep- death. nicious, to banish it from the public aration of church and state, and I In Ohio, courts ruled that it was un- view as if it were monstrous and dia- would like to expound on that just a constitutional for a board of education bolic, to punish those who publicly pur- bit. to use or refer to the word ‘‘God’’ in its sue it as if they were sinister threats In several measures recently debated official writings. to our society, to put them under house within this chamber, the topic of pro- In California, a judge told a public arrest and demand that they not prac- tecting traditional religious expres- cemetery that it was unconstitutional tice their beliefs outside their home or sions was made. In each case opponents to have a planter in the shape of a places of worship. were quick to claim that such protec- cross, for if someone were to view that This body should not aid and should tions would violate the First Amend- cross, it could cause emotional distress not abet the hostility against people of ment’s separation of church and state. and thus constitute an injury-in-fact. faith and against traditional expres- Interestingly, the First Amendment’s In Omaha, Nebraska, a student was sions of faith, and no Member of this religion clause states: ‘‘Congress shall prohibited from reading his Bible si- body should be party to confusing the make no law respecting and establish- lently during free time or even to open clear, self-evident wording of the Con- ment of reference list or prohibiting his Bible at school. stitution or misleading the American the free exercise thereof.’’ b 2200 public by claiming the first amend- Despite what many claim, the phrase ment says something that it does not. ‘‘separation of church and state’’ ap- In Alaska, schools were prohibited The first amendment says only that pears nowhere in the Constitution. In from using the word ‘‘Christmas’’ at ‘‘Congress shall make no law respect- fact, one judge recently commented: school, from exchanging Christmas ing establishment of religion or prohib- ‘‘So much has been written in recent cards or presents, or from displaying iting the free exercise thereof.’’ It says years to a wall of separation between anything with the word ‘‘Christmas’’ nothing about separation of church and church and state that one would al- on it because it contained the word state. We should get back to upholding most think at times that it would be ‘‘Christ.’’ what the Constitution actually says, found somewhere in our Constitution.’’ In Missouri, Oklahoma, New Mexico not upholding what some people wish And Supreme Court Justice Potter and Illinois, courts told cities that that it said. It is time for reliance on Stewart also observed: ‘‘The metaphor when they compose their city seals, the separation rhetoric to diminish and of the ‘wall of separation’ is a phrase seals with numerous symbols that rep- for reliance on actual constitutional nowhere to be found in the Constitu- resent the diverse aspects of the com- wording to increase. tion.’’ munity, such as industry, commerce, Now, of course, none of us in this And current Chief Justice William history and schools, that not even one Chamber desire that we pick one par- Rehnquist also noted: ‘‘The greatest in- of those symbols can acknowledge the ticular denomination to be chosen for jury of the ‘wall’ notion is its mis- presence of religion within the commu- the United States. However, this Na- chievous diversion from the actual in- nity, even if the name of the city is re- tion was founded on Judeo-Christian tentions of the drafters of the Bill of ligious, or if the city was founded for a principles and that is just a part of our Rights. The ’wall of separation between religious purpose. history. And at the same time all of us church and state’ is a metaphor based In South Dakota, a judge ruled that a in this Chamber, every Member of this on bad history. It should be frankly kindergarten class may not even ask body, and I think every Member of this and explicitly abandoned.’’ the question of whose birthday is cele- country, welcomes with open arms peo- The phrase ‘‘separation of church and brated at Christmas. ple of all faiths into these United state’’ was given in a private letter in In Texas, a high ranking official from States. 1802 from President Thomas Jefferson the national drug czar’s office who reg- Mr. PITTS. I want to thank the gen- to the Baptists of Danbury, Con- ularly conducts public school anti-drug tleman from Alabama for highlighting necticut, to reassure them that their rallies was prohibited from doing so be- the magnitude, the nature of the prob- free exercise of religion would never be cause even though he was an anti-drug lem in this country. As he mentioned, infringed on by the Federal Govern- expert, he was also a minister and thus the court case in Pennsylvania, I re- ment. was disqualified from delivering his member very well a few years ago. It Now that phrase means exactly the secular anti-drug message. was in the Supreme Court chamber opposite of what Jefferson intended. In In Oregon, it was ruled that it is un- where this lawyer, referred to a paint- fact, the phrase ‘‘separation of church constitutional for a war memorial to ing which was behind the justices on and state’’ has recently become a Fed- be erected in the shape of a cross. the wall, a painting of the Ten Com- eral hunting license against traditional In Michigan, courts said that if a stu- mandments and he said, ‘‘As the Bible religion in this country. dent prays over his lunch, it is uncon- says, ‘Thou shall not kill’ ’’ and then he For example, in Texas a judge struck stitutional for him to pray aloud. went on with his arguments. And for down a song which was sung during a Although States imprint thousands making that statement, that convic- voluntary extracurricular institute ac- of special-order custom license plates, tion of that murderer who murdered tivity because the Congress had pro- which I am sure everyone has seen that elderly person was overturned. moted values such as honesty, truth, driving down the highway, for indi- Mr. Speaker, I yield to the gentleman courage, and faith in the form of a vidual citizens each year, the State of from Colorado (Mr. TANCREDO). prayer. Oregon refused to print the word Mr. TANCREDO. Mr. Speaker, we are In Virginia, a student told to write ‘‘PRAY,’’ the State of Virginia refused gathered here tonight, my colleagues her autobiography in her English class to print ‘‘GOD 4 US,’’ and the State of and I, to destroy a number of myths, was forced to change her own life story Utah refused to print ‘‘THANK GOD,’’ myths that abound in this country, because in her autobiography she had claiming that such customized license myths that have done enormous dam- talked about how important religion plates which were of course made at age to the framework of the Constitu- was in her life. the request of the individual pur- tion and to the moral fabric of the Na- In Minnesota, it was ruled that even chasing them, violated the ‘‘separation tion, as a matter of fact. when artwork is a historical classic, it of church and state.’’ In recent debates in this Chamber may not be predominantly displayed in There are scores of other examples. over the juvenile justice bill, the bill of schools if it depicts something reli- They are all based on a nonconstitu- the display of the Ten Commandments, gious. tional phrase. And all of this occurs de- and the resolution for a day of prayer October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9299 and fasting, the topic of religion was amendment occurring from June 7 to Mr. WAMP. I thank the gentleman raised. In each case, Members of this September 25, 1789. Over those months, for yielding. Chamber who are opponents of such re- 90 Founding Fathers in the first Con- Mr. Speaker, as I listened to the de- ligious expressions arose to decry the gress debated and produced the first bate this summer over religious liberty measures, claiming that for Congress amendment. Those records make one issues, I was struck by a remark made to support such measures was a viola- thing very clear: In months of recorded by a Member opposing the free exercise tion of the first amendment’s religious decisions over the first amendment, of religion. One amendment to the ju- clause. not one single one of the 90 Founding venile justice bill here in the House Their arguments reflect a major mis- Fathers who framed the Constitution’s forbids discriminating against people understanding of the first amendment. religious clause ever mentioned the of faith involved in juvenile rehabilita- Much of this misunderstanding centers phrase ‘‘separation of church and tion programs. An usual objection was around the often used, and often state.’’ It does seem that if this had made against that amendment, and I abused, phrase ‘‘separation of church been their intent, that at least one of quote: and state.’’ So often have we been told them would have said something about ‘‘The amendment seeks to incor- that separation of church and state is it. Not one did. Not even one. porate religion into our justice system. the mandate of the first amendment So, then, what was their intent? Both of these entities have distinct that polls now show a majority of Again, the congressional records make places in our society and are not to be Americans believe this phrase actually it clear. In fact, James Madison’s pro- combined.’’ That is amazing. They believe that if appears in the first amendment. It does posed wording speaks volumes about intent. James Madison recommended we forbid discrimination against people not. In fact, not only does this phrase of faith, it somehow unconstitutionally ‘‘separation of church and state’’ ap- that the first amendment say, ‘‘The civil rights of one shall not be abridged incorporates religion into society. Un- pear nowhere in the first amendment, fortunately, it appears that many in it appears nowhere in the Constitution. on account of religious belief or wor- ship, nor shall any national religion be today’s legal system agree that it is What the first amendment does say appropriate to discriminate against about religion actually is very short established.’’ Madison, like the others, wanted to faith. and self-explanatory. The first amend- For example, in Florida, during a ment simply states, and I quote, ‘‘Con- make sure that the Federal Congress could not establish a national religion. murder trial of a man for the brutal gress shall make no law respecting an Notice, too, how subsequent discus- slaying of a 4-year-old child, the judge establishment of religion or prohib- sions confirm this. For example, the ordered the courthouse copy of the Ten iting the free exercise thereof.’’ congressional records for August 15, Commandments to be covered for fear Those words are not difficult to un- that if the jurors saw the command derstand. They are, in fact, plain 1789 report: ‘‘Mr. Peter Sylvester of New York ‘‘Do not kill,’’ they would be prejudiced English. Nevertheless, some Members feared the first amendment might be against the defendant. among us and some members of the thought to have a tendency to abolish In Pennsylvania, because a pros- court have placed some strange and ob- religion altogether. The state seemed ecuting attorney mentioned seven scure meanings on these very plain to entertain an opinion that it enabled words from the Bible in the courtroom, words. For example, how can the Congress to establish a national reli- a statement that lasted less than 5 sec- phrase ‘‘Congress shall make no law’’ gion. Mr. Madison thought if the word onds over the course of a multiday be interpreted to mean that an indi- ‘national’ was inserted before ‘reli- trial, the jury’s sentence of a man con- vidual student cannot offer a gradua- gion,’ it would point the amendment victed of brutally clubbing a 71-year- tion prayer? That is, how does ‘‘stu- directly to the object it was intended old woman to death was overturned. In Nebraska, a man convicted for the dent’’ mean the same thing as ‘‘Con- to prevent.’’ gress’’? Or how does ‘‘saying a prayer’’ The records are clear. The purpose of repeated sexual assault and mean the same thing as ‘‘making a the first amendment was only to pre- sodomization of a 13-year-old child had law?’’ Yet this is what a number of op- vent the establishment of a national his sentence overturned because a Bible verse had been mentioned in the ponents of public religious expression denomination by the Federal Congress. courtroom. now claim the first amendment pro- The first amendment was never in- hibits. That is incredible. Despite the DNA tended to stifle public religious expres- evidence and the eyewitness testimony Similarly, apparently coming under sion, nor was it intended to prevent the prohibition that ‘‘Congress shall used to convict a murderer and a child this body from encouraging religion in molester, the mere mention of a reli- make no law’’ is a city council’s deci- general. Only in recent years has the sion about what goes on its city seal, gious passage was so egregious that it meaning of the first amendment begun caused the physical evidence to be set or a judge’s decision to post the Ten to change in the hands of activists who Commandments, or the display of a aside and the sentences to be over- are intolerant of public religious ex- turned. The mention of religion in a cross within a local community ceme- pressions. tery, or participation in a faith-based public civil setting is apparently more It is unfortunate that some Members dangerous than the threat posed by drug rehabilitation program in an of this body have decided to adopt this inner city. It is absurd to claim that convicted murderers and child molest- new religion ‘‘hostile-meaning’’ for the ers. the word ‘‘Congress’’ in the first first amendment. No Member of this What is the root of this doctrine that amendment now means individual stu- body should be part of obfuscating the is so hostile to religion? According to dents, local communities, school clear, self-evident wording of the Con- the left wing in this country, the doc- boards, or city councils. stitution or misleading the American trine finds its roots, and I quote, ‘‘in Have we really lost our ability to un- public by claiming the first amend- the major precepts that our Nation was derstand simple words? Will our con- ment says something it does not. We founded on the separation of church stitutional interpretation be guided by should stick with what the first and state.’’ a phrase which appears nowhere in the amendment actually says rather than b Constitution? Yet those who wish to what the constitutional revisionists 2215 rewrite the first amendment also tell wish that it had said. Tonight, Mr. Speaker, we are ad- us that the phrase ‘‘separation of Mr. PITTS. I thank the gentleman dressing the origin, the meaning and church and state’’ reflects the intent of from Colorado for that quote from the the abuse of the phrase ‘‘separation of those who framed the first amendment. committee action as the first amend- church and state,’’ and just as it is To know if this is true, all we need to ment went through its drafts. That easy to show that our opponents across do is check the congressional records, truly is very enlightening to consider the aisle are wrong about their use of readily accessible to us in this very what the framers said as they did the that phrase, it is equally to show how building, or to citizens in their public committee debate in drafting the first wrong they are about their claim that libraries. amendment. the exclusion of religion from civil jus- We can read the entire debate sur- Mr. Speaker, I yield to the gentleman tice is a major precept on which our rounding the framing of the first from Tennessee (Mr. WAMP). Nation was founded. H9300 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Consider, for example, the words of as a Member of this body for a decade, night. As I listen, this is not about set- James Wilson, an original Justice of a Member of the other body for two ting the RECORD straight, this is about the U.S. Supreme Court, the founder of decades, declared ‘‘Our system of oath re-confirming what the RECORD really the first system of legal education in in all our courts by which we hold lib- says. America and a signer of both the Con- erty and property and all our rights are This body is properly called the Peo- stitution and the Declaration. Justice founded on a religious belief.’’ ple’s House, and since it is elected by Wilson declared, quote: And in 1854 our own House Com- the people, it offers a fairly good cross- ‘‘Human authority must ultimately mittee on the Judiciary declared, section of America. Our Members come rest its authority upon the authority of quote: from every conceivable professional that law which is devine. Far from ‘‘Laws will not have permanence or background, from numerous ethnic being rivals or enemies, religion and power without the sanction of religious groups, from rural, suburban and urban law are twin sisters, friends and mu- sentiment without a firm belief that areas, and we hold views from conserv- tual assistants. Indeed these two there is a power above us that will re- ative to ultra-liberal and everything in sciences run into each other. It is pre- ward our virtues and punish our vices.’’ between. posterous to separate them from each And Chancellor James Kent, a father We seem to represent a cross-section other.’’ of American jurisprudence, a famous of America on everything except reli- Clearly, Constitution signer and judge, a legal instructor, taught that gious faith. In fact, on that subject it original Supreme Court Justice James an oath was a religious solemnity and seems that some Members of this body Wilson strongly disagreed with today’s that to administer an oath was to call demand that we misrepresent the views left wing, and Constitution signer in the aid of religion. of American people. We have heard James McHenry also disagreed with Constitution signer George Wash- them in a number of our debates in re- him. He declared, quote: ington also declared that a courtroom cent weeks objecting to any acknowl- ‘‘The holy scriptures can alone se- oath was inherently religious. As he edgment of God and even objecting to cure to our courts of justice and con- explained, quote: permitting citizens to choose faith- stitutions of government purity, sta- ‘‘Where is the security for property, based programs. bility and usefulness. In vain, without for reputation, for life if the sense of Ironically, our longstanding con- the bible, we increase penal laws and religious obligation deserts the oath stitutional guarantee for a freedom of draw entrenchments around our insti- which are the instruments of investiga- religion has been twisted by some in tutions.’’ tion in courts of justice?’’ this body into a demand for a freedom Additional proof that there was no There are substantial legal authori- from religion. These Members demand intent to exclude religious influences ties, original signers of the Constitu- that this body represent itself in its from civil justice is actually provided tion, original Justices of the Supreme practical policy as being atheistic, as by the history of the Supreme Court. Court, founders of early law schools, excluding all mention of God. The ri- There were six justices of the original authors of early legal text, and they all diculous nature of this demand was ex- Supreme Court; three of them had agree that religion was not to be sepa- posed over a century ago by Princeton signed the Constitution, and another rated from civil justice. University President Charles Hodge. He one of them had authored the Fed- The claim made by those across the explained, and I quote: eralist Papers. So it is safe to assume aisle that the exclusion of religious in- ‘‘Over the process of time thousands that those on the original court knew fluences from the civil arena is one of have come from among us from many what was constitutional. the Nation’s founding principles is no religious faiths. All are welcomed, all According to the records of the U.S. more true than their claim that the are admitted to equal rights and privi- Supreme Court, a regular practice of First Amendment says that there is a leges. All are allowed to acquire prop- these original justices was to have a separation of church and state. The erty and to vote in every election, minister come into the courtroom, First Amendment simply says, and I made eligible to hold all offices and in- offer a prayer over the jury before it quote: vested with equal influence in all pub- retired for its deliberation. Religion in ‘‘Congress shall make no law respect- lic affairs. All are allowed to worship the courtroom and by our Founding ing an establishment of religion or pro- as they please or not to worship at all Fathers. But I thought that our col- hibiting the free exercise thereof.’’ if they see fit. No man is molested for leagues across the aisle said that the The First Amendment says that we his religion or his want of religion. No exclusion of religion from civil justice in Congress cannot pass a law to estab- man is required to profess any form of was one of our founding principles. lish a national religion or to prohibit faith or to join any religious associa- Well, perhaps the signers of the Con- religious expression, but the First tion. More than this cannot reasonably stitution just did not understand the Amendment says nothing about separa- be demanded. More, however, is de- Constitution. tion of church and state, and there is manded. The infidel demands that the No, to the contrary. The problem is also nothing in the Constitution or in government should be conducted on the that today some people do not under- early American records which requires principle that Christianity is false. The stand the Constitution. legal justice to be hostile to or to ex- atheist demands that it should be con- One final piece of irrefutable evi- clude religious influences. ducted on the assumption that there is dence proving that our legal system So to oppose a measure that pro- no God. The sufficient answer to all never intended to exclude religious in- hibits discrimination against people of this is that it cannot possibly be done. fluences is the oath taken in the court- faith and to claim that such an anti- The demands of those who require that room. Some today argue that the oath discriminatory measure would violate religion should be ignored in our laws has nothing to do with religion, but the Constitution is not only a travesty are not only unreasonable, but they are those who gave us our Constitution dis- of history and of the Constitution, but in the highest degree unjust and tyran- agree. For example, Constitution sign- of the very justice system which some nical.’’ er Rufus King declared: people claim they are protecting. Even though a century has passed ‘‘By the oath which our laws pre- I thank the gentleman from Pennsyl- since Charles Hodge delivered this scribe, we appeal to the supreme being vania for bringing us together to shed speech, many in this chamber are still so to deal with us hereafter as we ob- light on a fundamental liberty in our making the same unjust and tyrannical serve the obligation of our oaths.’’ Republic, the freedom of religion. demands. Although national studies And Justice James Iredell, placed on Mr. PITTS. Mr. Speaker, I thank the consistently show that only 6 to 7 per- the Supreme Court by President gentleman from Tennessee for that ex- cent of Americans have no belief in George Washington, similarly noted an cellent explanation and now yield to God, critics among us want to cater oath is considered a solemn appeal to the gentleman from North Carolina solely to the 6 or 7 percent and to sac- the supreme being for the truth of (Mr. HAYES). rifice the beliefs of the 93 percent at what is being said by a person. Mr. HAYES. Mr. Speaker, I thank the feet of the 7. It should not be done. And Daniel Webster, the great de- the gentleman from Pennsylvania for During our debates on allowing indi- fender of the Constitution who served putting this special order together to- vidual States to choose whether or not October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9301 they wish to display the Ten Com- ‘‘All of us have observed frequent in- mary role that religion played in pub- mandments, many in this body ob- stances of a superintending Providence lic life and in private life, yet without jected to those voluntary displays ar- in our favor, and have we now forgot- the establishment of one particular de- guing that our policies should reflect ten that powerful friend, or do we nomination. the religion-free beliefs of the 6 or 7 imagine we no longer need his assist- So, my friends, as we continue to percent who do not believe in God. For- ance? Without his convincing aid we consider the many policies that lie be- tunately, this body chose otherwise, shall succeed in this political building fore us, like Charitable Choice, like Op- and during our debates on encouraging no better than the builders of Babel, portunity Scholarships for children a day so that people who wished could and we ourselves shall become a re- who go to religious schools, like gov- join together across the Nation to proach and byword down to future ernment contracting with faith-based humble themselves, fast and cor- ages.’’ institutions, even the posting of the porately pray for national reconcili- Very simply, it was never intended Ten Commandments on public prop- ation, again many in this body ob- and never envisioned that this body erty, let us do so with the true inten- jected to that, wishing to see our pol- should pursue its policies with the tion of the framers in mind. That in- icy reflect solely the anti-religious practical denial of the existence of tention was to allow religion both to wishes of those in this Nation who do God. Yet this is what many in the body flourish and to inform public life, yet not believe in God. Again, fortunately are demanding. We heard their criti- still without naming a particular na- the majority of this body chose other- cism during discussion on the Ten tional or Federal religion or denomina- wise, even though we fell short of the Commandments bill, on the resolution tion. That is fully possible. Instead of necessary two-thirds margin for ap- calling for a day of humiliation, prayer shutting it out and denying even the proval. and reconciliation and on the juvenile purely practical solution that it offers, Although we continually hear that justice bill; and not only did they criti- let us not be afraid of the good that re- with government-funded medical care cize these measures, they even had the ligion can and does bring to public life. there should be citizen choice when it shameless gall to tell us that the Con- Indeed, it has helped to build a great comes to allowing similar citizen stitution demanded that we show fa- Nation. choice in selecting social service pro- voritism toward nonreligion. They told f grams or criminal rehabilitation pro- us that the First Amendment mandate grams or educational programs, Mem- on separation of church and state could LEAVE OF ABSENCE bers of this body insist that faith-based not be satisfied if we passed policies By unanimous consent, leave of ab- programs must be excluded from their which acknowledge God. sence was granted to: choices. Interesting. We encourage par- b 2230 Ms. MCKINNEY (at the request of Mr. ticipation in religion-free programs, GEPHARDT) for today through the end but we penalize involvement in faith- It is time for those critics to reread of business on October 6 on account of based programs. This is simply another the Constitution which they swore to a death in the family. example of catering to extremists. uphold. Nowhere does the First Amend- Mrs. FOWLER (at the request of Mr. Frankly, despite what some Members ment, or, for that matter, any part of ARMEY) for today until 6:30 p.m. on ac- of the body may claim, we are not re- the Constitution, mention anything count of medical reasons. quired to conduct government as if God about a separation of church and state, Mrs. CHENOWETH-HAGE (at the re- did not exist. In the first official speech but it does guarantee in its own words quest of Mr. ARMEY) for today until 7:00 ever delivered by President George the free exercise of religion. Yet some p.m. on account of her wedding. Washington, he urged us to seek poli- in this body would deny citizens rights f cies which openly acknowledge God. He which do appear in the Constitution be- explained, and I quote: cause of a phrase which does not. SPECIAL ORDERS GRANTED ‘‘It would be peculiarly improper to It is time for this body to get back to By unanimous consent, permission to omit in this first official act my fer- upholding the actual wording of the address the House, following the legis- vent supplications to that almighty Constitution, rather than the wording lative program and any special orders being who rules over the universe. No of revisionists who would reread our heretofore entered, was granted to: people can be bound to acknowledge Constitution. (The following Members (at the re- and adore the invisible hand which con- Mr. PITTS. Mr. Speaker, I would like quest of Mrs. CHRISTENSEN) to revise ducts the affairs of men more than to thank the gentleman from North and extend their remarks and include those of the United States. We ought to Carolina for his very informative com- extraneous material:) be no less persuaded that the pro- ments and for reminding us of the Mr. LIPINSKI, for 5 minutes, today. pitious, favorable smiles of heaven can quotes from our founders, Washington, Ms. WATERS, for 5 minutes, today. never be expected on a Nation that dis- Franklin and others. Mrs. CLAYTON, for 5 minutes, today. regards the eternal rules of order and I want to say a final thank you to all Ms. JACKSON-LEE of Texas, for 5 min- right which heaven itself has or- the participating Members tonight. It utes, today. dained.’’ has been a real inspiration to listen to (The following Members (at the re- And in his farewell address 8 years each one of the Members as they quest of Mr. ISAKSON) to revise and ex- later, he reiterated his policy declar- shared the very words of our founding tend their remarks and include extra- ing, quote: documents and our Founding Fathers neous material:) ‘‘Of all the habits and dispositions regarding the First Amendment. Mr. MCINNIS, for 5 minutes, today. which lead to political prosperity, reli- As we have listened to these words, it Mr. KASICH, for 5 minutes, today. gion and morality are indispensable becomes crystal clear that, to the ex- Mr. SMITH of Michigan, for 5 minutes, supports. The mere politician ought to tent that the First Amendment ad- today and October 6. respect and cherish them. Can it be a dresses the interaction between public Mr. PAUL, for 5 minutes, today. good policy which does not equally in- life and religious belief, it is this: That f clude them?’’ the only thing the First Amendment Patrick Henry, one of the leading in- prohibited was the Federal establish- ENROLLED BILL SIGNED dividuals responsible for the Bill of ment of a national denomination. The Mr. THOMAS, from the Committee Rights similarly declared: freedom of religion, therefore, is to be on House Administration, reported ‘‘The great pillars of all government protected from encroachment by the that that committee had examined and and of social life are virtue, morality state, by the government, not the found truly enrolled a bill of the House and religion. This is the armor, my other way around. of the following title, which was there- friend, and this alone that renders us Mr. Speaker, the words of our found- upon signed by the Speaker: invincible.’’ ing fathers are many, from Wash- H.R. 2084. An act making appropriations Even Benjamin Franklin reminded ington, to Franklin, to Madison, to Jef- for the Department of Transportation and the delegates at the Constitutional ferson and others. Each one of these related agencies for the fiscal year ending Convention, quote: men was fully committed to the pri- September 30, 2000. and for other purposes. H9302 CONGRESSIONAL RECORD — HOUSE October 4, 1999 SENATE ENROLLED BILLS SIGNED 4633. A letter from the Deputy Assistant 503(a)(1)(A) (101 Stat. 468); jointly to the Administrator, Drug Enforcement Adminis- Committees on Appropriations and Govern- The SPEAKER announced his signa- tration, transmitting the Adminstration’s ment Reform. ture to enrolled bills of the Senate of final rule—Schedules of Controlled Sub- 4646. A letter from the Commission of the the following titles: stances: Placement of Zaleplon Into Sched- Federal Government to Combat the Pro- S. 323. An act to redesignate the Black ule IV [DEA–182F] received September 24, liferation of Weapons of Mass Destruction, Canyon of the Gunnison National Monument 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the report of the Commission as a national park and establish the Gunni- Committee on Commerce. to Assess the Organization of the Federal son Gorge National Conservation Area, and 4634. A letter from the Director, Office of Government to Combat the Proliferation of for other purposes. Congressional Affairs, Nuclear Regulatory Weapons of Mass Destruction; jointly to the S. 1606. An act to extend for 9 additional Commission, transmitting the Commission’s Committees on International Relations and months the period for which chapter 12 of final rule—Industry Codes and Standards; Armed Services. title 11, United States Code, is reenacted. Amended Requirements (RIN: 3150–AE26) re- 4647. A letter from the Acting Director, De- ceived September 28, 1999, pursuant to 5 fense Security Cooperation Agency, Depart- f U.S.C. 801(a)(1)(A); to the Committee on ment of Defense, transmitting a report au- BILL PRESENTED TO THE Commerce. thorizing the transfer of up to $100M in de- PRESIDENT 4635. A letter from the Assistant Secretary fense articles and services to the Govern- for Legislative Affairs, Department of State, ment of Bosnia-Herzegovina; jointly to the Mr. THOMAS, from the Committee transmitting the President’s Memorandum Committees on International Relations and on House Administration, reported of Justification regarding the drawdown of Appropriations. that that committee did on the fol- defense articles and services for United Na- 4648. A letter from the Deputy Executive lowing date present to the President, tions Interim Administration in Kosovo, pur- Secretary to the Secretary, Department of for his approval, a bill of the House of suant to 22 U.S.C. 2411; to the Committee on Health and Human Services, transmitting International Relations. the Service’s final rule—Medicare Program; the following title: 4636. A letter from the Director, Office of Revision of the Procedures for Requesting On September 30, 1999: Procurement and Property Management, De- Execeptions to Cost Limits for Skilled Nurs- H.R. 2981. To extend energy conservation partment of Agriculture, transmitting the ing Facilities and Elimination of Reclassi- programs under the Energy Policy and Con- Department’s final rule—Agriculture Acqui- fications [HCFA–1883–F] (RIN: 0938–AI80) re- servation Act through March 31, 2000. sition Regulation: Part 413 Reorganization: ceived August 9, 1999, pursuant to 5 U.S.C. f Simplified Acquisition Procedures [AGAR 801(a)(1)(A); jointly to the Committees on Case 96–05] (RIN: 0599–AA04) received August Ways and Means and Commerce. ADJOURNMENT 27, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to f Mr. PITTS. Mr. Speaker, I move that the Committee on Government Reform. 4637. A letter from the Acting Director, REPORTS OF COMMITTEES ON the House do now adjourn. United States Information Agency, trans- PUBLIC BILLS AND RESOLUTIONS The motion was agreed to; accord- mitting the 1999 Integrity Act Report To The ingly (at 10 o’clock and 34 minutes Under clause 2 of rule XIII, reports of President and Congress; to the Committee on committees were delivered to the Clerk p.m.), under its previous order, the Government Reform. House adjourned until tomorrow, Tues- 4638. A letter from the Assistant Secretary for printing and reference to the proper day, October 5, 1999, at 9 a.m., for for Fish and Wildlife and Parks, Department calendar, as follows: morning hour debates. of the Interior, transmitting a draft bill ‘‘To Mr. YOUNG of Alaska: Committee on Re- amend the Act establishing Big Thicket Na- sources. H.R. 20. A bill to authorize the Sec- f tional Preserve’’; to the Committee on Re- retary of the Interior to construct and oper- EXECUTIVE COMMUNICATIONS, sources. ate a visitor center for the Upper Delaware 4639. A letter from the Deputy Assistant Scenic and Recreational River on land owned ETC. Attorney General, Office of Policy Develop- by the State of New York (Rept. 106–361). Re- Under clause 8 of rule XII, executive ment, Department of Justice, transmitting ferred to the Committee of the Whole House communications were taken from the the Department’s final rule—Civil Monetary on the State of the Union. Speaker’s table and referred as follows: Penalties Inflation Adjustment [AG Order Mr. YOUNG of Alaska: Committee on Re- No. 2249–99] (RIN: 1105–AA48) received August sources. H.R. 1665. A bill to allow the Na- 4628. A letter from the Congressional Re- 30, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to tional Park Service to acquire certain land view Coordinator, Animal and Plant Health the Committee on the Judiciary. for addition to the Wilderness Battlefield in Inspection Service, Department of Agri- 4640. A letter from the Assistant Secretary Virginia, as previously authorized by law, by culture, transmitting the Department’s final for Legislative Affairs, Department of State, purchase or exchange as well as by donation; rule—Veterinary Services User Fees; Import transmitting the Department’s final rule— with an amendment (Rept. 106–362). Referred of Entry Services at Ports [Docket No. 98– Technical Corrections to Regulations Re- to the Committee of the Whole House on the 006–2] received September 24, 1999, pursuant garding the Issuance of Immigrant and Non- State of the Union. to 5 U.S.C. 801(a)(1)(A); to the Committee on immigrant Visas [Public Notice 2980] (RIN: Ms. PRYCE of Ohio: Committee on Rules. Agriculture. 1400–AB03) received September 24, 1999, pur- House Resolution 321. Resolution providing 4629. A letter from the Under Secretary of suant to 5 U.S.C. 801(a)(1)(A); to the Com- for consideration of the bill (H.R. 764) to re- Defense, Department of Defense, transmit- mittee on the Judiciary. duce the incidence of child abuse and ne- ting a Plan to Ensure Visibility of In-Transit 4641. A letter from the Legion of Valor of glect, and for other purposes (Rept. 106–363). End Items and Secondary Items; to the Com- the United States of America, Inc., transmit- Referred to the House Calendar. mittee on Armed Services. ting a copy of the Legion’s annual audit as of f 4630. A letter from the Legislative and Reg- April 30, 1999, pursuant to 36 U.S.C. 1101(28) ulatory Activities Division, Comptroller of and 1103; to the Committee on the Judiciary. TIME LIMITATION OF REFERRED the Currency, Administrator of National 4642. A letter from the Deputy General BILL Banks, transmitting the Department’s final Counsel, Small Business Administration, Pursuant to clause 5 of rule X the fol- rule—Guidelines Establishing Year 2000 transmitting the Administration’s final Standards for Safety and Soundness for Na- rule—Pre-Disaster Mitigation Loans—re- lowing action was taken by the Speak- tional Bank Transfer Agents and Broker- ceived September 21, 1999, pursuant to 5 er: Dealers [Docket No. 99–12] (RIN: 1557–AB73) U.S.C. 801(a)(1)(A); to the Committee on [Omitted from the Record of October 1, 1999] received September 29, 1999, pursuant to 5 Small Business. H.R. 1788. Referral to the Committee on U.S.C. 801(a)(1)(A); to the Committee on 4643. A letter from the Secretary of Labor, Government Reform extended for a period Banking and Financial Services. transmitting the quarterly reports on the ex- ending not later than October 6, 1999. 4631. A letter from the Chairman, Federal penditure and need for worker adjustment f Deposit Insurance Corporation, transmitting assistance training funds under the Trade a copy of the Corporation’s Annual Report Act of 1974, pursuant to 19 U.S.C. 2296(a)(2); PUBLIC BILLS AND RESOLUTIONS for calendar year 1998, pursuant to 12 U.S.C. to the Committee on Ways and Means. Under clause 2 of rule XII, public 1827(a); to the Committee on Banking and Fi- 4644. A letter from the Executive Office of bills and resolutions of the following nancial Services. the President, transmitting a proposal to 4632. A letter from the Managing Director, amend the U.S. textile and apparel rules of titles were introduced and severally re- Federal Housing Finance Board, transmit- origin; to the Committee on Ways and ferred, as follows: ting the Board’s final rule—Availability of Means. By Mr. YOUNG of Alaska: Unplublished Information [No. 99–42] (RIN: 4645. A letter from the Secretary of Health H.R. 3002. A bill to provide for the contin- 3069–AA81) received September 3, 1999, pursu- and Human Services, transmitting a report ued preparation of certain useful reports ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agency Drug-Free Workplace Plans, pur- concerning public lands, Native Americans, on Banking and Financial Services. suant to Public Law 100–71, section fisheries, wildlife, insular areas, and other October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9303

natural resources-related matters, and to re- Speaker, in each case for consideration of H.R. 1274: Mrs. MEEKS of New York, and peal provisions of law regarding terminated such provisions as fall within the jurisdic- Mr. FALEOMAVAEGA. reporting requirements concerning such tion of the committee concerned. H.R. 1310: Mr. NUSSLE, Mr. SHAW, Mr. matters; to the Committee on Resources. By Mr. FRANKS of New Jersey (for UPTON, Mr. ABERCROMBIE, Mrs. MORELLA, Ms. By Mr. WELDON of Pennsylvania (for himself, Mrs. CLAYTON, Mrs. KELLY, NORTON, Mr. HASTINGS of Florida, Mr. FIL- himself and Mr. GONZALEZ): Mrs. ROUKEMA, Mr. GILMAN, Mr. NER, Mrs. NAPOLITANO. Mr. TANCREDO, Ms. H.R. 3003. A bill to amend title XVIII of the FRELINGHUYSEN, Mr. LOBIONDO, Mr. ROS-LEHTINEN, Ms. STABENOW, Mr. THOMPSON Social Security Act to designate certified di- SMITH of New Jersey, Mr. SAXTON, of California, Mr. PICKETT, Mr. ISAKSON, Mr. abetes educators recognized by the National Mr. PAYNE, Mr. ROTHMAN, Mr. HOEKSTRA, Ms. VELAZQUEZ, Mr. KENNEDY of Certification Board of Diabetes Educators as PASCRELL, Mr. PALLONE, Mr. MENEN- Rhode Island, Mr. UNDERWOOD, Mr. MAR- certified providers for purposes of outpatient DEZ, Mr. BURR of North Carolina, Mr. TINEZ, Mr. DIXON, Mr. LEWIS of Georgia, Mr. diabetes education services under part B of WATT of North Carolina, Mr. GONZALEZ, and Mr. COX. the Medicare Program; to the Committee on BALLENGER, Mr. MCINTYRE, Mr. H.R. 1311: Mr. WEINER, Mr. NUSSLE, Mr. Commerce, and in addition to the Committee ETHERIDGE, Mr. HASTINGS of Florida, BOUCHER, Ms. LOFGREN, Mr. CANADY, of Flor- on Ways and Means, for a period to be subse- Mr. HINCHEY, Mrs. FOWLER, Mr. ida, Mr. LEWIS of Kentucky MS. PELOSI, Mrs. quently determined by the Speaker, in each JONES of North Carolina, Mr. COBLE, CLAYTON, Mr. SANDERS, Mr. DIXON, Mr. LEWIS case for consideration of such provisions as and Mr. HAYES): of Georgia, and Mr. RYAN of Wisconsin. fall within the jurisdiction of the committee H. Res. 322. A resolution expressing the H.R. 1320: Ms. STABENOW. concerned. sense of the House of Representatives in H.R. 1334: Mr. EWING. By Mr. BROWN of Ohio (for himself, sympathy for the victims of Hurricane H.R. 1337: Mr. WATTS of Oklahoma. Mr. WAXMAN, Mr. STARK, Mr. FROST, Floyd, which struck numerous communities H.R. 1355: Mr. LEWIS of Georgia. Mr. FRANK of Massachusetts, and Mr. along the East Coast between September 14 H.R. 1387: Mr. PHELPS, Mr. MCHUGH, Mr. BRADY of Pennsylvania): and 17, 1999; to the Committee on Transpor- PETRI, Mr. LAFALCE, Mr. GOODE, Mr. STUPAK, H.R. 3004. A bill to amend title XVIII of the tation and Infrastructure. Mr. FRANK of Massachusetts, and Mr. GOR- Social Security Act to permit a Medicare f DON. beneficiary enrolled in a Medicare+Choice H.R. 1443: Mr. KILDEE. plan to elect to receive covered skilled nurs- MEMORIALS H.R. 1452: Mr. LIPINSKI. H.R. 1454: Mr. BROWN of Ohio. ing facility services at the skilled nursing fa- Under clause 3 of rule XII, memorials cility in which the beneficiary or spouse re- H.R. 1456: Mr. CALLAHAN. sides or which is part of the continuing care were presented and referred as follows: H.R. 1541: Mr. TOOMEY. retirement community in which the bene- 253. The SPEAKER presented a memorial H.R. 1579: Mr. WOOLSEY, Mr. MASCARA, Mr. ficiary resides; to the Committee on Ways of the Legislature of the State of California, SIMPSON, Mrs. MEEK of Florida, Mr. BATE- and Means, and in addition to the Committee relative to Assembly Joint Resolution No. 21 MAN, Mrs. BIGGERT, Mr. HINOJOSA, Mr. GARY on Commerce, for a period to be subse- memorializing the President and Congress to MILLER of California, Ms. CARSON, Mr. quently determined by the Speaker, in each reject and condemn any suggestions that OWENS, Ms. MCKINNEY, and Mr. COLLINS. case for consideration of such provisions as sexual relations between children and adults, H.R. 1598: Mr. SAXTON. fall within the jurisdiction of the committee except for those that may be legal in the var- H.R. 1648: Mr. HILL of Indiana. concerned. ious states under statutes pertaining to mar- H.R. 1650: Mr. DEFAZIO. H.R. 1657: Mr. LUTHER. By Mr. CAMPBELL: riage, are anything but abusive, destructive, H.R. 3005. A bill to establish an Inde- exploitive, reprehensible, and punishable by H.R. 1879: Mr. CAPUANO. pendent Counsel Commission; to the Com- law; to the Committee on Education and the H.R. 1917: Mr. HOSTETTLER and Mr. mittee on the Judiciary. Workforce. DEFAZIO. H.R. 1926: Mr. MARTINEZ. By Ms. ESHOO: 254. Also, a memorial of the Legislature of H.R. 1954: Mr. BLUNT and Mr. MORAN of Vir- H.R. 3006. A bill to establish a program to the State of California, relative to Assembly ginia. help States expand the existing education Joint Resolution No. 18 memorializing the H.R. 2055: Ms. EDDIE BERNICE JOHNSON of system to include at least 1 year of early President and Congress of the United States Texas and Mr. LIPINSKI. education preceding the year a child enters to enact legislation expanding Medicare ben- H.R. 2060: Mr. FRANK of Massachusetts, Mr. kindergarten; to the Committee on Edu- efits to include the cost of prescription BROWN of Ohio, and Mr. DOYLE. cation and the Workforce. drugs; jointly to the Committees on Com- H.R. 2138: Mr. BRADY of Pennsylvania. By Mr. MEEHAN (for himself and Mr. merce and Ways and Means. H.R. 2162: Mr. SPRATT. HANSEN): f H.R. 2200: Mr. ENGLISH. H.R. 3007. A bill to require the sale and ad- H.R. 2241: Mr. REYNOLDS, Mr. GONZALEZ, vertisement of cigarettes on the Internet to ADDITIONAL SPONSORS Mr. SAXTON, and Mr. ALLEN. meet the warning requirements of the Fed- Under clause 7 of rule XII, sponsors H.R. 2308: Mr. HINOJOSA. eral Cigarette Labeling and Advertising Act; H.R. 2337: Mr. CRANE. to the Committee on Commerce. were added to public bills and resolu- tions as follows: H.R. 2344: Mr. SNYDER and Mr. MORAN of By Mr. OWENS: Virginia. H.R. 3008. A bill to amend the Elementary H.R. 142: Mr. KING. H.R. 2429: Mr. DOOLITTLE. and Secondary Education Act of 1965 to pro- H.R. 148: Mr. PICKETT and Mr. DEFAZIO. H.R. 2463: Mr. SPRATT. vide up-to-date school library media re- H.R. 274: Mr. GUTIERREZ, Mr. CUNNINGHAM, H.R. 2512: Mr. UNDERWOOD. sources and well-trained, professionally cer- Mr. PETRI, Mr. THOMPSON of California, and H.R. 2528: Mr. EVERETT, Mr. PETERSON of tified school library media specialists for el- Mr. GEJDENSON. Minnesota, Mr. OXLEY, Mr. VITTER, and Mr. ementary schools and secondary schools, and H.R. 354: Mr. REYNOLDS. BASS. for other purposes; to the Committee on H.R. 371: Mr. TALENT. H.R. 2538: Mr. COSTELLO. Education and the Workforce. H.R. 563: Mr. INSLEE. H.R. 2576: Mr. PETERSON of Pennsylvania. By Mr. ROEMER (for himself, Mr. H.R. 566: Mr. SANDERS. H.R. 2607: Mr. SENSENBRENNER, Mr. GOR- CLEMENT, Mr. GONZALEZ, Mr. HILL of H.R. 583: Mr. FROST and Ms. RIVERS. DON, Mr. CALVERT, Mr. KUYKENDALL, Mr. Indiana, Mr. LAMPSON, Mrs. MALONEY H.R. 628: Mr. COLLINS. BOEHLERT, Mr. WELDON of Florida, Mr. LUCAS of New York, and Mr. MALONEY of H.R. 670: Mr. BARRETT of Wisconsin, Mr. of Oklahoma, Mr. COOK, Mr. SMITH of Texas, Connecticut): KLINK, Mr. MURTHA, Mr. TURNER, Mr. REYES, Ms. STABENOW, and Mr. LAMPSON. H.R. 3009. A bill to authorize the Secretary Mr. FORD, and Mr. FROST. H.R. 2620: Mr. KIND, Mr. PRICE of North of Education to make grants to State and H.R. 685: Mr. BOSWELL. Carolina, Mr. WEYGAND, and Mr. DEUTSCH. local educational agencies to support pro- H.R. 732: Mr. UDALL of New Mexico. H.R. 2631: Mr. GONZALEZ and Mrs. grams that promote a variety of educational H.R. 750: Mr. OLVER and Ms. DELAURO. NAPOLITANO. opportunities, options, and choices in public H.R. 773: Mr. BERRY. H.R. 2697: Mr. ETHERIDGE. schools; to the Committee on Education and H.R. 802: Mr. HALL of Texas, Mrs. MCCAR- H.R. 2749: Mr. CANADY of Florida and Mr. the Workforce. THY of New York, Mr. RODRIGUEZ, and Mr. SHAW. By Mr. SHAYS (for himself, Ms. ROEMER. H.R. 2807: Mrs. MALONEY of New York. DELAURO, Mr. GEJDENSON, Mr. H.R. 920: Mr. CONYERS. H.R. 2809: Mr. MALONEY of Connecticut. LARSON, and Mr. MALONEY of Con- H.R. 1015: Mr. BOEHLERT. H.R. 2865: Mr. OWENS and Ms. PELOSI. necticut): H.R. 1071: Mr. KIND. H.R. 2888: Mr. EWING and Mr. RUSH. H.R. 3010. A bill to amend titles XVIII and H.R. 1122: Mr. BLAGOJEVICH, Mr. PRICE of H.R. 2894: Ms. DUNN and Mr. STUMP. XIX of the Social Security Act to ensure North Carolina, and Mr. SCHAFFER. H.R. 2895: Mr. GEPHARDT, Mr. SWEENEY, Mr. that individuals enjoy the right to be free H.R. 1187: Mr. WHITFIELD. STUPAK, and Ms. DANNER. from restraint, and for other purposes; to the H.R. 1194: Mr. KUCINICH, Mr. UDALL of Colo- H.R. 2919: Mr. SHERWOOD. Committee on Commerce, and in addition to rado, and Mrs. JOHNSON of Connecticut. H.R. 2925: Ms. DANNER, Mr. OSE, Mr. TRAFI- the Committee on Ways and Means, for a pe- H.R. 1239: Mrs. CLAYTON, Mr. WATT of CANT, Mr. LATOURETTE, Mr. COOKSEY, Mr. riod to be subsequently determined by the North Carolina, and Mr. GEPHARDT. YOUNG of Florida, and Mrs. KELLY. H9304 CONGRESSIONAL RECORD — HOUSE October 4, 1999

H.R. 2980: Mr. DELAURO. H. Con. Res. 139: Mr. KIND, Mr. DOYLE, and H. Res. 298: Ms. ESHOO, Ms. RIVERS, Mr. H.R. 2985: Mr. NETHERCUTT. Ms. RIVERS. FARR of California, Ms. MCKINNEY, Mr. H.R. 2990: Mr. BAKER, Mr. HOSTETTLER, Mr. H. Res. 115: Mr. BILIRAKIS. THOMPSON of Mississippi, and Mr. FRANK of GOSS, Mr. COOK, Mr. KUYKENDALL, Mrs. H. Res. 224: Mr. SIMPSON. Massachusetts. BIGGERT, Mr. HERGER, Mr. ENGLISH, and Mr. H. Res. 269: Mr. WICKER. GARY MILLER of California. H. Res. 303: Mr. SESSIONS, Mr. COLLINS, Mr. H. Res. 278: Mr. BARTON of Texas, Ms. H.R. 2998: Ms. ROS-LEHTINEN. GOODLING, Mr. ARMEY, Mr. SMITH of New Jer- PRYCE of Ohio, Mr. GEKAS, Ms. EDDIE BER- H. Con. Res. 39: Mr. LAMPSON. sey, Mrs. MYRICK, Mr. RYAN of Wisconsin, H. Con. Res. 51: Mr. ROHRABACHER. NICE JOHNSON of Texas, Mr. FALEOMAVAEGA, Mr. KOLBE, Mr. SCHAFFER, Mr. JENKINS, and H. Con. Res. 111: Mr. KENNEDY of Rhode Is- Mrs. MORELLA, Mr. RODRIGUEZ, and Mr. land and Mr. OWENS. OXLEY. Mr. HILL of Montana.